MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING

TUESDAY, AUGUST 29, 2006 AT 7:00 P.M.,

50 EAST CIVIC CENTER DRIVE,
GILBERT, ARIZONA

COUNCIL PRESENT: Mayor Berman, Vice Mayor Crozier, Councilmembers Krueger, Morrison, Presmyk, Skousen, and Urie. Councilmember Morrison participated by phone.

COUNCIL ABSENT: None

STAFF PRESENT: Manager Pettit, Assistant Manager Skocypec, Clerk Templeton, Attorney Goodwin, Acting Planning & Development Services Manager Edwards, Engineer Allred, Public Works Director Frost.

CALL TO ORDER OF REGULAR MEETING

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

INVOCATION AND PLEDGE OF ALLEGIANCE

Pastor Marshall of East Valley Bible Church gave the invocation. Scouts led the Pledge of Allegiance and introduced themselves.

ROLL CALL

Clerk Templeton called roll and declared a quorum present. Councilmember Morrison participated by phone.

PRESENTATIONS; PROCLAMATIONS

1. Oath of Office administered to Mark Bennett for the Community Activities Board.

Mayor Berman administered the Oath of Office to Mark Bennett for the Community Activities Board.

2. Presentation by the Southeast Diamondbacks Little League for Council assistance and support in finding play facilities.

Richard Howell presented a plaque to Council in appreciation for the Town’s support and willingness to communicate with the Southeast Diamondbacks Little League. Mr. Howell said they looking forward to a successful 2007 season.

2A. Recognition of the Gilbert National East Little League 10/11 All Stars.

Mayor Berman recognized the Gilbert National East Little League 10/11 All Stars and shared their accomplishments. Mayor Berman congratulated the team members of the Gilbert National East Little League 10/11 All Stars. Coach Pete Salaya said that the team is a great group. He commented on the Little League World Series and said that the team hopes to go to Williamsport next year.

3. Presentation on the Public Safety Memorial.

Training Captain Duggan explained the formation of the committee that will lead the fund raising efforts to place a Public Safety Memorial at the Gilbert Public Safety Building honoring men and women who serve and protect the public, and Officer Targosz, the Town’s first officer to die in the line of duty. Captain Dugan recognized key community residents and employees as members of the committee, and Artist Steve Schneider, who was commissioned to create the Public Safety Memorial.

Linda Abbott, committee member, outlined the committee’s plan to raise $200,000 to complete the contract with Artist Steve Schneider to create the memorial. The plan is to dedicate the statue to the Town on behalf of the committee and the community and place it at the Gilbert Public Safety Building in April 2007. Ms. Abbott expressed confidence in gaining support from the community and explained that letters will go out soon seeking donations.

Brigitte Targosz, wife of Officer Targosz, thanked the Town staff and community for their support of the memorial. Mrs. Targosz said that her husband would have been very proud of the memorial.

Gene Targosz, father of Officer Targosz, expressed his appreciation for the community’s demonstration of love and affection for his son. He said that Officer Targosz loved the Town and his position as police officer.

Linda Abbott asked that the Town provide free meeting space and support to the committee in their efforts to raise funds for the Public Safety Memorial.

Lacy Cox, Police Counseling Department, provided name and address information for those who wished to send donations.

A MOTION was made by Vice Mayor Crozier, seconded by Councilmember Presmyk, to find it serves a governmental purpose and is in the public interest for Gilbert to provide free meeting space and support to the public Committee seeking to raise funds for a Public Safety Memorial and to authorize the Manager to administer the requests. Motion carried 7-0.

Mayor Berman thanked the Committee for its work and said Councilmember Presmyk would serve as the Council representative.

4. Presentation by Maricopa County Environmental Services on the West Nile Virus.

Julie Somafalis, Agency Director for Maricopa County Development Agency and John Townsend, Environmental Services Manager, gave a presentation on the West Nile Virus. Ms. Somafalis presented slides and described symptoms of the West Nile Virus. Ms. explained Maricopa County’s efforts in educating the public about the disease and expressed appreciation to Mark Horn, Gilbert Wastewater Superintendent, who was dedicated in assisting in doing positive things for the community. Ms. Somafalis provided information about personal protection and symptoms of the virus, explaining that the primary carrier is the mosquito. Ms. Somafalis stated that 80 percent of the population never realizes it has been exposed to the virus, and 20 percent will develop West Nile Fever with symptoms similar to severe flu. Ms. Somafalis presented slides showing symptoms and explained the most susceptible to the most severe type of the virus were the elderly, the very young, or those with compromised immune systems. She explained that mosquitoes often feed on birds; horses are susceptible, and the disease can become epidemic among the human population. Ms. Somafalis explained that primary breeding sites for mosquitoes are unattended swimming pools, standing water, retention basins, irrigation areas, culverts, and drains. While describing Maricopa County’s Integrated Management System, which includes education, prevention, surveillance, and mitigation, she explained the primary recommendation for prevention of the disease is risk reduction and personal protection.

Councilmember Crozier asked if the agency treated school grounds. Mr. Townsend explained they do not but they meet with school staff, walk the grounds, identify problem areas and work with their contractors to mitigate the problem. Mr. Townsend described prevention efforts for areas like the Roosevelt Water Conservation District Canal and similar areas within the County.

5. Presentation on the Gilbert Emergency Operations Plan, Annex N Pandemic Influenza/Public Health Emergency.

Emergency Management Coordinator Gibbons gave a presentation on the Gilbert Emergency Operations Plan, Annex N Pandemic Influenza/Public Health Emergency.

6. Proclamation declaring September 2006 as Save a Life Month.

Mayor Berman read a proclamation declaring September 2006 as Save a Life Month.

7. COMMUNICATIONS FROM CITIZENS

Elizabeth Cress-Sweet, Chair of Arts Advisory Board and the Global Village Festival, 135 North Sandstone, Gilbert, explained the Global Village Festival was in the planning stages and scheduled for late April. The committee is asking for volunteers and can access the website or write to Ms. Cress-Sweet with contact information. Sponsorship packets will be mailed providing a variety of ways to sponsor the event. Calls for talent will go out soon and those interested should apply early.

Sandra Landeen, 4073 East Lafayette, Gilbert, expressed her gratitude to Mayor Berman and the Town for the compassion extended to her in response to the death of her son. She shared that Mayor Berman consoled her in her loss and invited her to church and prayed with her. Ms. Landeen expressed her deep appreciation for Mayor Berman’s kindness and wanted the Town to realize the Mayor was special. She stated that she will never get her son back and the loss was monumental but appreciated the help of the Mayor and the police in attempting to apprehend person(s) responsible for his death. Ms. Landeen explained she was considering a substantial reward and did hire a private medical examiner to provide answers as to the method of his death. She presented slides showing pictures of her son and the scene of a previous incident involving her son.

CONSENT CALENDAR

A MOTION was made by Vice Mayor Crozier, seconded by Councilmember Presmyk, to approve Consent Items 8, 8A, 8B, 8C, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 28, 29, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 50, 51, 52, 53, and 54; remove Items 20, 27, 31, 47, and 49 from the Consent Calendar; and add Item 74 appointing Philip Barlow and Eugene Valentine to the Redevelopment Commission with terms ending October 1, 2010 and Items 77 and 78 reinstating Menyon Abraham-Scott to the Human Relations Commission as regular member with a term ending on November 1, 2006 and reinstating P.J. Sessoms to the Human Relations Commission as a Gilbert School District Representative. Motion carried 7-0.

8. ANNEXATION A06-73 – consider adoption of an Ordinance approving the annexation of approximately 4.55 acres located south and west of the southwest corner of Queen Creek and Greenfield Roads. A Public Hearing was held on July 18, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1809 was adopted.

8A. ANNEXATION A06-58 – consider adoption of an Ordinance approving the annexation of approximately 5 acres located east of Higley and north of Mews Road. A Public Hearing was held on June 20, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1810 was adopted.

8B. ANNEXATION A06-62 - consider adoption of an Ordinance approving the annexation of approximately 34.71 acres located at the southwest corner of Lindsay and Pecos Roads. A Public Hearing was held on June 20, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1811 was adopted.

8C. ANNEXATION A06-64 – consider adoption of an ordinance approving the annexation of approximately 3.69 acres located west of the northwest corner of Pecos and Recker Roads. A Public Hearing was held on June 20, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1812 was adopted.

9. AGREEMENT – consider approval of an Educational Services Agreement with the Maricopa County Community College District to allow fire personnel to receive college credit for classes taught by Town personnel coordinated through the Fire Department Training Division and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

10. AGREEMENT – consider approval of the third year payment to ASAP Software in an amount not to exceed $220,721.42 for renewal of a multi-year licensing agreement with Microsoft Office off the State Bid List and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

11. AGREEMENT – consider approval of an agreement with the Arizona Republic for promotional support of the “Concert in the Park” series held at Freestone Park and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

12. AGREEMENT – consider approval of an Amended and Restated Agreement with the Central Arizona Soaring League for use of Rodeo Park and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

13. INTERGOVERNMENTAL AGREEMENT – consider approval of the renewal of the Urban Fishing Program Intergovernmental Agreement with the Arizona Game & Fish Commission for Water Ranch Lake and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

14. INTERGOVERNMENTAL AGREEMENT – consider approval of an Intergovernmental Agreement with the Arizona Department of Transportation in an amount not to exceed $3,797,434 for construction of the Western Powerline Trail Phases II and III, Projects PR072 and PR073, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

15. LEASE AGREEMENT – consider approval of a Lease Agreement with Crown Communication Inc. for use of Town property for a 125 foot Monopole for public and commercial communications and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

16. LICENSE AGREEMENT – consider approval of Replacement Housing Cost and License Agreement in an amount not to exceed $348,600 to rebuild a home located at 16441 East Queen Creek Road in conflict with the new right-of-way acquired for installation of a 72 inch Reclaimed Water Line, Project WW027, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

17. LICENSE AGREEMENT – consider approval of Replacement Housing Cost and License Agreement in an amount not to exceed $261,500 to rebuild a home located at 16449 East Queen Creek Road in conflict with the new right-of-way acquired for installation of a 72 inch Reclaimed Water Line, Project WW027, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

18. LICENSE AGREEMENT – consider approval of Replacement Housing Cost and License Agreement in an amount not to exceed $338,000 to rebuild a home located at 16440 East Queen Creek Road in conflict with the new right-of-way acquired for installation of a 72 inch Reclaimed Water Line, Project WW027, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

19. CONTRACT – consider approval of a correction to the motion awarding the Engineering Design Services Contract to NFRA, Inc. to correct the contract amount to $1,009,197, Projects ST042, WA029.

This item was approved with the Consent Calendar.

20. CONTRACT – consider waiving the bidding requirements and approve a contract with Torrent Resources in an amount not to exceed $62,375 to install drywells for the Scalloped Streets Central Project, Project ST070, and authorize the Mayor to execute the required documents.

Councilmember Skousen confirmed with Ron Nadzieja, PinnacleOne Program Manager, that a neighborhood meeting was scheduled for September 5 to allow the residents to discuss concerns. Mr. Nadzieja explained that the drywells’ locations were determined based on elevation. Staff will examine placement of drainage pipes to see how much deeper they can go to accommodate the driveway access. Input from concerned residents will be discussed and staff will seek the best solution for everyone.

A MOTION was made by Councilmember Skousen, seconded by Councilmember Urie, to approve Item 20. Motion carried 7-0.

21. CONTRACT – consider approval of a Construction Manager at Risk Preconstruction Phase Services Contract with Sundt Construction, Inc. in an amount not to exceed $1,091,306 for the South Water Treatment Plant, Project WA048, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

22. CONTRACT – consider approval of a Construction Contract with Layne Christensen Company in an amount not to exceed $149,000 for drilling of three Monitoring Wells for the South Recharge Site, Project WW010, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

23. CONTRACT – consider approval of an Engineering Services Contract with Deutsch Associates, in an amount not to exceed $194,000 for the Crossroads Park Northeast Expansion, Project PR040, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

24. CONTRACT – consider approval of an Engineering Services Contract with EPS Group in an amount not to exceed $43,650 for the Recker Road Improvements, Project No. ST096, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

25. CONTRACT – consider approval of a Project Management Services Contract with Vanir Construction Management, Inc. in an amount not to exceed $­449,280 for a new well, reservoir, and pump station located at Baseline Road and 172nd Street, Project WA060, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

26. CONTRACT – consider finding that no written notices objecting to the Town’s acts or proceedings were filed within 15 days of the notice of award of a contract, and approve a contract with All-The-Scapes, LLC for Parkway Maintenance Improvement Districts Landscape Maintenance for FY 2006-07 for PK88-1 through PK88-6, PK88-8, PH88-10 and PK92-01, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

27. CONTRACT – consider approval of a Professional Services Agreement with McKinnon Consulting in an amount not to exceed $65,000 for 2020 Leadership Training and authorize the Mayor to execute the required documents.

Councilmember Presmyk asked Manager Pettit to describe the program and the expected results. Manager Pettit explained that one of management’s goals this year was to conduct training that would allow for development in various roles and responsibilities of the management team. Dr. McKinnon will conduct 2020 Leadership, which includes training and development for the assistants, directors, and their direct reports to develop their overall team orientation, including personal and professional development plans.

A MOTION was made by Councilmember Presmyk, seconded by Councilmember Urie, to approve Item 27. Motion carried 7-0.

28. GRANT – consider authorizing acceptance of a 2005 Homeland Security Grant from the Buffer Zone Protection Program in the amount of $63,041.60 for the Fire Department.

This item was approved with the Consent Calendar.

29. GRANT – consider adoption of a Resolution approving an application for a grant from the Gila River Indian Community Grant Program in the amount of $65,000 for a Fire Safety Training House.

This item was approved with the Consent Calendar. Resolution No. 2714 was adopted.

30. CHANGE ORDER – consider approval of Amendment No. 1 to the Lease Agreement with Polar Ice Entertainment, Inc. for development of a facility at Crossroads Park.

This item was approved with the Consent Calendar.

31. CHANGE ORDER – consider approval of Change Order No. 1 with Lake Maintenance Service, Inc. in the amount of $13,275 for lake maintenance service at Cosmo Park, Discovery District Park, and select municipal area water features.

Councilmember Skousen confirmed with Manager Pettit that the change order was for water and water quality only.

A MOTION was made by Councilmember Skousen, seconded by Councilmember Presmyk, to approve Item 31. Motion carried 7-0.

32. CHANGE ORDER – consider approval of Change Order No. 1 to the Architectural Services Agreement with Michael Wilson Kelly Architects, LTD in the amount of $41,429 for the design of the Community Center, Project PR051.

This item was approved with the Consent Calendar.

33. CHANGE ORDER – consider approval of Change Order No. 1 to the Construction Manager at Risk Construction Phase Contract with Haydon Building Corporation in the amount of $118,073.51 for Higley Road Improvements, Project ST068.

This item was approved with the Consent Calendar.

34. CHANGE ORDER – consider approval of Change Order No. 2 to the Engineering Services Contract with Valentine Environmental Engineers, LLC, in the amount of $5,060 for the Neely Water Reclamation Plant 8-inch Sludge Force Main and 8-inch Recovered Water Line, Projects WW006 and WW058.

This item was approved with the Consent Calendar.

35. CHANGE ORDER – consider approval of Change Order No. 1 to the Construction Services Contract with B & F Contracting, Inc., in the amount of $51,943.88 for the Neely Water Reclamation Plant 8-inch Sludge Force Main and 8-inch Recovered Water Line, Projects WW006 and WW058.

This item was approved with the Consent Calendar.

36. REQUEST FOR PROPOSALS – consider authorizing advertisement and acceptance of Statement of Proposals for purchase of property located at the northwest corner of Gilbert Road and Vaughn Avenue.

This item was approved with the Consent Calendar.

37. PURCHASE – consider approval of the purchase of seven Mobile Data Computers from Data911 off the State bid list in an amount not to exceed $45,000.

This item was approved with the Consent Calendar.

38. PURCHASE – consider approval of the purchase of 19 Portable Radios and 10 Mobile Radios from Motorola, Inc. off the State bid list in an amount not to exceed $134,000.

This item was approved with the Consent Calendar.

39. PURCHASE – consider approval of the purchase of three pumpers from Pierce Manufacturing in an amount not to exceed $1,660,278.18, Projects MF204, MF205, MF209.

This item was approved with the Consent Calendar.

40. PURCHASE – consider approval of the purchase of two aerial ladder trucks from Pierce Manufacturing in an amount not to exceed $1,947,391.23, Projects MF018 and MF204.

This item was approved with the Consent Calendar.

41. PURCHASE – consider approval of the purchase of a 3000-Gallon Water Tanker Apparatus from Pierce Manufacturing in an amount not to exceed $233,604, Project MF201.

This item was approved with the Consent Calendar.

42. STREETLIGHT IMPROVEMENT DISTRICT 06-14 – consider adoption of a Resolution creating Streetlight Improvement District No. 06-14 for the Willows Subdivision and ordering the improvements.

This item was approved with the Consent Calendar. Resolution No. 2715 was adopted.

43. MAP OF DEDICATION SP675 – consider approval of an amended Map of Dedication for Higley High School located at the northwest corner of Pecos and Recker Roads.

This item was approved with the Consent Calendar.

44. MAP OF DEDICATION SP1035 – consider approval of a Map of Dedication for Higley High School No. 2 located on west side of Higley Road and north of Williams Field Road.

This item was approved with the Consent Calendar.

45. MAP OF DEDICATION SP1057 - consider approval of a Map of Dedication for Chandler Elementary School No. 26 located on Seville Boulevard at Monet Street.

This item was approved with the Consent Calendar.

46. FINAL PLAT SP1050 – consider approval of the final plat for Lindsay Groves located at the southwest corner of Germann and Lindsay Roads.

This item was approved with the Consent Calendar.

47. EASEMENT – consider approval to grant an easement to Salt River Project for electric facilities on Lindsay Road adjacent to Layton Lakes.

Councilmember Presmyk declared a conflict of interest.

A MOTION was made by Councilmember Urie, seconded by Councilmember Skousen, to approve Item 48. Motion carried 6-0-1 with Councilmember Presmyk abstaining.

48. EASEMENT – consider approval to grant a Roadway Easement and a temporary Construction Easement to Miller Holdings, Inc. over Sanoqui Wash.

This item was approved with the Consent Calendar.

49. PERSONNEL/BUDGET – consider approval of a modification to the Pay Plan to assign Court Interpreter (Grade 9 $32,622 to $45,671) to (Grade 11 $36,492 to $51,089); authorize a change in compensation for cooperative education student to a fixed rate of $7.50 per hour; approve new classifications of Personnel Specialist (Grade 12 $38,427 to $53,798) and Employee Relations Administrator (Grade 21 $55,841 to $78,177) and authorize two new positions within Personnel and Training and a general fund contingency transfer of $170,000 for funding; authorize the reallocation of a Senior Accounting Technician (Grade 10 $34,557 to $48,380) to Accounting Technician (Grade 8 $30,687 to $42,962); approve a new classification of Engineering and Planning Inspection Administrator (Grade 22 $57,776 to $80,886) and approve the reclassification of the Senior Engineering Inspector to the new classification; approve a revised classification of Engineering Inspector (Grade 14 $42,296 to $59,314) and to authorize the reallocation of Traffic Engineering Inspectors to Engineering Inspectors, to reduce authorized inspectors to two and authorize the transfer of $64,600 back to general fund contingency which previously funded one Traffic Engineering Inspector; authorize an additional Plans Examiner (Grade 15 $44,232 to $61,925) to Plan Review and Permitting, including a general fund contingency transfer of $70,000 to fund the position for the balance of the year; to authorize the transfer of a Planning Technician and funding from Plan Review and Permitting to Planning and Development Services; and to authorize the immediate hiring of an authorized Permit Technician, including $30,000 from general fund contingency to fund the position for the balance of the fiscal year.

Councilmember Skousen confirmed what was being requested with Manager Pettit and suggested that a bulleted presentation would have provided more clarity.

A MOTION was made by Councilmember Skousen, seconded by Councilmember Krueger, to approve Item 49. Motion carried 7-0.

50. HEALTH, SAFETY & WELFARE – consider approval of an amendment to the Gilbert Emergency Operations Plan to add Annex N, Pandemic Influenza/Public Health Emergency.

This item was approved with the Consent Calendar.

51. SPECIAL EVENT – consider authorizing the use of Town staff, facilities, and resources to support the Constitution Week Program.

This item was approved with the Consent Calendar.

52. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Joseph O’Reilly from the Town of Gilbert, Arizona Water Resource Municipal Property Corporation.

This item was approved with the Consent Calendar.

53. FEES – consider adoption of a Resolution amending Resolution No. 2704 by establishing a Planning Fee for Administrative Relief Applications.

This item was approved with the Consent Calendar. Resolution No. 2617 was adopted.

54. MINUTES – consider approval of the minutes of the Regular Meeting of August 1, 2006 and the Special Meeting of August 18-19, 2006.

This item was approved with the Consent Calendar.

PUBLIC HEARINGS

Vice Mayor Crozier reported that Items 62, 64, and 70 would be removed for discussion.

Mayor Berman opened the Public Hearing for items 55, 56, 57, 58, 59, 60, 61, 63, 65, 66, 67, 68, 69, 71, 72 and 73. No one wished to speak and Mayor Berman closed the Public Hearing.

A MOTION was made by Councilmember Presmyk, seconded by Councilmember Krueger, to approve Public Hearing items 55, 56, 57, 58, 59, 60, 61, 63, 65, 66, 67, 68, 69, 71, 72 and 73. Motion carried 7-0.

55. LIQUOR LICENSE – conduct hearing and consider approval of a Series 06 Bar Liquor License for 1st Round Draft located at 1520 West Warner Road, Suite 12A.

This item was approved with the Public Hearing vote.

56. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Indigo Joe’s Sports Pub & Restaurant located at 1939 East Baseline Road, Suite 103.

This item was approved with the Public Hearing vote.

57. ANNEXATION A06-63 – conduct hearing on the annexation of approximately 69.36 acres for Gilbert Esplanade Business Park located east of the southeast corner of Gilbert and Pecos Roads.

This item was a Public Hearing only. No action was taken.

58. ANNEXATION A06-76 – conduct hearing of the annexation of approximately .57 acres located north of the northeast corner of Warner and Gilbert Roads.

This item was a Public Hearing only. No action was taken.

59. ANNEXATION A06-78 – conduct hearing on the annexation of approximately 4.82 acres for Sun Terra Acres Unit One located west and south of the southwest corner of Williams Field and Lindsay Roads.

This item was a Public Hearing only. No action was taken.

60. ANNEXATION A06-79 – conduct hearing on the annexation of approximately 79.4 acres located at the northwest corner of Williams Field and Power Roads.

This item was a Public Hearing only. No action was taken.

61. ANNEXATION A06-80 – conduct hearing on the annexation of approximately 12.94 acres located south of the southwest corner of Lindsay and Ray Roads.

This item was a Public Hearing only. No action was taken.

62. ANNEXATION A06-81 – conduct hearing and consider the annexation of approximately 3.3 acres for Williams Landing Apartments located north of the northwest corner of Williams Field and Power Roads.

Mayor Berman opened the Public Hearing. Stella Zolnierczyk, 2951 East Sherri Court, Gilbert stated she did not understand the annexation of her property and was happy with the current services. Manager Pettit explained they were the only property owners and did not need to sign the annexation petition if they did not want to. Ms. Zolnierczyk asked what would happen if she refused to sign the petition. Council explained that in order to receive Gilbert services, she would need to annex. Council explained they were waiving the annexation fees and said Gilbert would not provide fire service outside their boundaries after September 30. Mayor Berman explained it would cost more if property owners decided to annex later. Ms. Zolnierczyk stated she thought the taxes she paid should entitle her to Gilbert services. Mayor Berman explained her taxes do not go to Gilbert but to Maricopa County. Mayor Berman explained the level of services available to Gilbert residents. Council addressed Ms. Zolnierczyk’s concern about higher taxes explaining that the increase would be approximately the same as the fee paid for current fire service.

Manager Pettit explained that the property owner could not sign an annexation petition until September 9 and he would meet with Ms. Zolnierczyk to answer her questions and help her work through her decision before that date. Councilmember Krueger explained that this was the first Public Hearing and no decision was needed. She suggested that Ms. Zolnierczyk consider all the options and talk to Manager Pettit before making a decision. No one else wished to speak and Mayor Berman closed the Public Hearing.

Stanley Zolnierczyk, 2951 East Sherri Court, Gilbert, registered against the annexation but did not wish to speak.

This item was a Public Hearing only. No action was taken.

63. GENERAL PLAN GP06-02/ZONING Z06-62 – conduct hearing and consider:

a) Adoption of a Resolution changing the General Plan Designation from Shopping Center (SC) and Residential >14-25 (R>14-25) to General Commercial (GC) and Public Facility/Institutional (PF/I) on approximately 54.84 acres located within the SanTan Character Area, generally located at the northwest corner of Higley and Queen Creek Roads and east of the Roosevelt Water Conservation District Canal.

b) Adoption of an Ordinance establishing General Commercial (GC) and Public Facility/Institutional (PF/I) zoning on approximately 54.84 acres, generally located at the northwest corner of Higley and Queen Creek Roads and east of the Roosevelt Water Conservation District Canal.

This item was continued to September 12, 2006 with the Public Hearing vote.

64. ZONING Z06-55 – conduct hearing and consider approval of the findings and adoption of an Ordinance rezoning approximately 160 acres at the northeast corner of Val Vista Drive and Germann Road with a Planned Area Development overlay and the underlying zoning designations of General Office (GO), Business Park (BP), Community Commercial (CC) and Multi Family Medium (MF-M).

Senior Planner Milillo explained the request was for changing the zoning district from Maricopa County zoning to Town of Gilbert zoning. He presented an aerial slide showing the property boundaries at Val Vista Drive to the west, Germann Road to the south, 156th Street to the east, and Mercy Drive and the hospital complex to the north. Senior Planner Milillo explained that staff had worked with 18 property owners for many months to develop a plan.

Senior Planner Milillo explained that staff worked with the multiple owners regarding development issues and felt that most of the issues had been resolved. He explained that staff did not propose a single plat for the 160 acres but felt the property could be site planned in 40-acre quadrants. Senior Planner Milillo presented a slide of the Circulation Plan and explained it did not show extensions of current public and private streets, or driveways that provide access from the collector street network to individual parcels.

Staff recommended:

a) Showing only the main roads at the zoning stage;
b) Requiring future dedications and/or access easements at the time a conceptual site plan or preliminary plat is filed for 40 acres quadrants of the whole 16 acre property; and
c) In lieu of a conceptual site plan or preliminary plat, parcels with frontage on either of the two arterial streets, Val Vista Drive or Germann Road, may proceed through the Design Review process contingent upon proof that such development either provides or does not prevent legal access to any other abutting parcels.

Senior Planner Milillo reviewed the staff analysis of the project, explaining that it might require a Development Agreement, an Improvement District, or a combination of both. Staff recommended approval of the project subject to conditions contained in the draft Ordinance.

Senior Planner Milillo explained to Mayor Berman that staff had been working with the applicant and property owners since late March or early April to modify conditions and approval tonight would move the .project forward. Discussions prior to tonight’s meeting addressed modifications to Draft Ordinance Conditions d, e, and f.

Councilmember Skousen asked if the project was approved, would it achieve the Town’s goals of no landlocked property or scalloped streets. Senior Planner Milillo explained the proposed conditions were customized to assure access to individual parcels. Discussion continued on the Willis Alignment, and the 54th Street and Mercy Drive connection.

Mayor Berman opened the Public Hearing. Arch Ratliff, UTAZ Representative, 2915 East Baseline Road, Suite 115, Gilbert, expressed concerns about conditions d and e. He explained there were many meetings in the 18-month or more process where they discussed the issues, such as requiring development of parcels adjacent to the project, whether it is the Germann outside improvements or the interior collector street improvements. Mr. Ratliff indicated some confusion as to how phasing plan would work and expressed concerns it would delay the Certificate of Occupancy, or they would be required to construct improvements because the other property owners were not ready to proceed with development of their property.

Attorney Goodwin explained the reason staff did not believe requiring property owners to participate in off-site arterial improvements adjacent to them would be a problem is that the entire 160 acres with multiple owners is going to benefit from the off-site improvements. Some parcels will not have access to Val Vista Drive and Germann Road if there is not some type of cooperation. Attorney Goodwin confirmed with Mr. Ratliff that UTAZ, whose property is adjacent to Val Vista Drive and is ready to go, is concerned the Town engineer will determine that there is some need in the interior that will delay a Certificate of Occupancy for UTAZ property. Attorney Goodwin said it is possible but did not know if it was realistic. She asked Engineering Manager Allred what possible need there might be in interior parcels that would hold up occupancy for the UTAZ development. He said that if UTAZ were the first to go in they would probably need to build Melrose Street to the east end of their project. Discussion continued on the understanding of the phasing and requirements. Manager Pettit explained the logic of the phasing plan and Ordinance language and explained it was drafted to prevent scalloped streets and poor traffic circulation. The UTAZ development would not be held up by non-development of adjacent property.

Reese Anderson, Pugh and Lake, 1920 East Brown Road, Mesa, representing almost all of the property owners, expressed support of the revised conditions and encouraged Council to approve the rezoning request.

Paul Gilbert, Attorney, 4800 North Scottsdale Road, was available for questions but did not address Council.

Nadine Lammers, 933 East Frye Road, Gilbert, registered in favor of Item 64 but did not wish to speak.

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

A MOTION was made by Councilmember Krueger, seconded by Councilmember Presmyk, to approve the findings and adopt Ordinance No. 1813 for Z06-55, amending the 160 acres at the northeast corner of Val Vista Drive and Germann Road with a Planned Area Development overlay and the underlying zoning designations of General Office (GO), Business Park (BP), Community Commercial (CC) and Multi Family Medium (MF-M) with revised language for changing the following conditions to read:

4d. Construction of off-site improvements to Val Vista Drive and Germann Road abutting the Project shall be completed by prior to occupancy of any unit in the Project or at the time requested by the Town, whichever is earlier. Notwithstanding the foregoing, the Town Engineer shall approve a phasing plan for construction of off-site improvements for proposed development based on the needs of any portion of the proposed project. If the Town requests construction of the off-site improvements prior to construction of the Project, in lieu of construction, the Developer may enter into a Reimbursement Development Agreement with the Town for payment by Developer of Developer’s pro rata share of the costs of the off-site improvements to satisfy the requirements of this condition.

4e. Construction of off-site improvements to Melrose Street, 154th Street and 156th Street abutting and within the Project shall be completed prior to occupancy of any unit in the Project or at the time requested by the Town, whichever is earlier. Notwithstanding the foregoing, the Town Engineer shall approve a phasing plan for construction of off-site improvements for proposed development based on the needs of any portion of the proposed project. If the Town requests construction of the off-site improvements prior to construction of the Project, in lieu of construction, the Developer may enter into a Reimbursement Development Agreement with the Town for payment by Developer of Developer’s pro rata share of the costs of the off-site improvements to satisfy the requirements of this condition.

4f. A conceptual site plan or preliminary plat, establishing necessary and appropriate easements to internal parcels will be provided by quadrant (40 acres) within this 160-acre property when a final site plan is submitted for a proposed development within that quadrant. The final site plan shall establish how access is to be provided to each parcel within the 40-acre site plan, such access to be from within the project. Exception: Parcels with access to an arterial street may proceed with final site plan approval without providing a conceptual site plan or preliminary plat for the entire 40-acre quadrant, that such parcel is situated in, provided that said final site plan illustrates how access is to be provided to the abutting interior parcels when determined necessary by the Town Engineer. If access is provided or reserved to benefit an abutting interior parcel(s) such access shall be reciprocal.

Motion carried 7-0.

65. ZONING Z06-69 – conduct hearing and consider approval of the findings and adoption of an Ordinance amending the Elliot Corporate Center PAD (Planned Area Development) located at the northwest corner of Elliot Road and William Dillard Drive to delete 8.05 acres of LI (Light Industrial) from the PAD and rezone to LI (Light Industrial).

This item was approved with the Public Hearing vote. Ordinance No. 1814 was adopted.

66. ZONING Z06-79 – conduct hearing and consider approval of the findings and adoption of an Ordinance rezoning approximately 82 acres located at the northwest corner of Lindsay and Williams Field Roads, Palomino Acres subdivision, from Single Family-35 (SF-35) to Single Family-43 (SF-43) with a PAD overlay for a minimum lot size of 60,000 square feet.

This item was approved with the Public Hearing vote. Ordinance No. 1815 was adopted.

67. ZONING Z06-81 – conduct hearing and consider approval of the findings and adoption of an Ordinance amending the Zoning Code of the Town of Gilbert amending Chapter 1 Zoning Regulations, Division 4 General Regulations, Article 4.1 Site Regulations, Section 4.103 Lighting Standards, modifying the wall mounted lighting standards for nonresidential uses; and amending the Glossary of General Terms by adding “Footcandle” as a defined term.

This item was approved with the Public Hearing vote. Ordinance No. 1816 was adopted.

68. WATER – conduct hearing and consider adoption of a Resolution establishing new Water Rates effective for the billing generated on or after October 1, 2006.

This item was approved with the Public Hearing Vote.

69. RECLAIMED WATER – conduct hearing and consider adoption of a Resolution adopting new Reclaimed Water Rates effective for the billing generated on or after October 1, 2006.

This item was approved with the Public Hearing Vote.

70. CODE OF GILBERT – conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert by amending Chapter 54, Streets, Sidewalks and Other Public Places by adding new Section 54-4 Escape of Flow of Water; Flooding related to the escape of water from property creating a hazardous condition.

Water Resources Manager Rall explained that the Ordinance is adding back the penalty section of the ordinance. The penalty section of the ordinance was inadvertently repealed when the water supply reduction ordinance was adopted and this will reinstate the penalty section.

Mayor Berman opened the Public Hearing. Major Joe Clements, 16147 East Frye Road, Gilbert, expressed concerns about a catch basin that was removed from south of Frye and Greenfield Roads and a potential flooding problem as a result. Manager Pettit asked that Mr. Clements provide geographic information and the problem would be addressed. The proposed Ordinance would not affect the resolution of the problem. No one else wished to speak and Mayor Berman closed the Public Hearing.

A MOTION was made by Councilmember Krueger, seconded by Councilmember Urie, to adopt Ordinance No. 1817 amending the Code of Gilbert by amending Chapter 54, Streets, Sidewalks and Other Public Places by adding new Section 54-4 Escape of Flow of Water; Flooding related to the escape of water from property creating a hazardous condition. Motion carried 7-0.

71. CODE OF GILBERT – conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert by amending Chapter 66, Utilities Operations, Article I In General, Section 66-3 Agreement for Utility Services; related to the application for and provision of utility services.

This item was approved with the Public Hearing vote. Ordinance No. 1818 was adopted.

72. CODE OF GILBERT – conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert by amending Chapter 10, Buildings and Construction Regulations, Article IX Utility Extensions and Connections, Division 2 Water and Chapter 66 Utilities Operations, Article 1 In General, Section 66-7 Prohibited Acts; Tampering; Obstruction; Discontinuation of Service; all related to tampering of water meters and theft of water from the Town.

This item was approved with the Public Hearing vote. Ordinance No. 1819 was adopted.

73. CODE OF GILBERT – conduct hearing and consider adoption of an Ordinance declaring the document entitled “2006 Amendments to the Gilbert Municipal Code, Chapter 66 Utilities Operations, Article VII Solid Waste” as a public record; adopting by reference that public record known as the “2006 Amendments to the Gilbert Municipal Code, Chapter 66 Utilities Operations, Article VII Solid Waste” amending the Code of Gilbert by amending Chapter 66 Utilities Operations, by Article VII Solid Waste related to amendment of Solid Waste Code requirements for residential and commercial solid waste collection in the Town, licensing and operations of businesses engaging in the collection of solid waste from commercial solid waste generators, and the licensing and regulation of private recycling containers.

This item was approved with the Public Hearing vote. Ordinance No. 1820 was adopted.

ADMINISTRATIVE ITEMS

74. BOARDS AND COMMISSIONS – consider the appointment of two individuals to the Redevelopment Commission with terms ending on October 1, 2010.

This item was approved with the Consent Calendar. Philip Barlow and Eugene Valentine were appointed to the Redevelopment Commission as regular members with terms ending October 1, 2010.

75. STREETS – consider approval of the installation of traffic calming devices on Neely Street, north of Guadalupe Road, and study the impact of the devices on the collector street for three months.

Public Works Director Frost reviewed the existing traffic calming policy. He explained the current issue involved reported problems near Neely Street and Houston Avenue. Speeding and near altercations with motorists were reported. Staff conducted a speed study in April that showed an 85th percentile speed of 39 miles per hour on Neely Street, which is signed at 25 miles per hour. Staff discovered information about a speed hump that is six feet-six inches long and three inches high, constructed of tire rubber and tapered at each end allowing a fire truck to straddle it. Passenger vehicles cannot straddle the hump and one set of tires must go over it. The speed hump is bolted to the road and is removable for pavement maintenance operations. The company claim is that it will reduce percentile speeds from 36 miles per hour to 25 miles per hour. The traffic-calming device is currently being used by approximately 36 communities in the United States. Public Works Director Frost reviewed the costs and stated that staff recommended the installation of the speed humps on Neely Street between Guadalupe Road and Houston Avenue on a trial basis. The recommendation included an evaluation of the results at the end of three months, including a speed study, to determine the pros/cons of their use. Staff would submit a written report to Council at the end of the study period. There was a brief discussion on the benefits and possible future costs, logistics, and policy changes.

A MOTION was made by Vice Mayor Crozier, seconded by Councilmember Presmyk, to approve installation of traffic calming devices on Neely Street, north of Guadalupe Road, and study the impact of the devices on the collector street for three months. Motion carried 7-0.

76. PARKS – discussion and direction concerning smoking prohibition in designated gathering areas in public parks.

Manager Pettit advised that there are two smoking initiatives on the State Fall Ballot. He explained this agenda item was being presented to Council to provide direction and definition to the Town Attorney to draft an ordinance for Council consideration.

Acting Community Services Director Ahlman explained the Parks and Recreation Advisory Board had discussed Smoking in Parks at the July 6, 2006 meeting and provided some preliminary research from other communities. Staff and the Parks and Recreation Advisory Board recommended the Town Attorney draft an ordinance addressing smoking and use of tobacco in certain gathering areas in public parks and present the Ordinance to Council for consideration.

Discussion continued on designated smoking and non-smoking areas and the boundaries. The consensus of Council was to wait for the results of the November election before considering a Gilbert Ordinance.

77. BOARDS AND COMMISSIONS – consider the reinstatement of Menyon Abraham-Scott to the Human Relations Commission.

This item was approved with the Consent Calendar.

78. BOARDS AND COMMISSIONS – consider the reinstatement of P. J. Sessoms to the Human Relations Commission.

This item was approved with the Consent Calendar.

79. 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

None.

FUTURE MEETINGS

None.

COMMUNICATIONS

80. Report from the Mayor on current events.

Mayor Berman reported he would be willing to send thank you letters to service members in active duty if provided names and addresses. He reminded everyone of the September 12 election.

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

Councilmember Presmyk reported Constitution Week would be held the week of September 16 and Lee Greenwood would be part of the entertainment.

82. Report from the TOWN MANAGER on current events.

Manager Pettit reminded Council of the September 11 memorial ceremony at the Public Safety Plaza at 8:00 a.m., the Community Excellence Awards on September 16, and the dedication of Fire Station #8 on September 23. On September 22, because of the sponsorship of the Urban Land and Institute Study, 16 reservations are available for the presentation of the final report. Contact Vicky in the Mayor’s Office for confirmation of reservations. Finalized information will be provided later.

RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION

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

a) Pursuant to A.R.S. §38-431.03, A-1 to conduct employment evaluation and discuss assignments of Town Manager Pettit; and
b) Pursuant to A.R.S. §38-431.03, A-1 to conduct employment evaluation of Presiding Judge Phares.

Motion carried 7-0.

Mayor Berman recessed the Regular Meeting at 10:10 p.m.

RECONVENE REGULAR MEETING AND ADJOURN

Mayor Berman reconvened the meeting at 11:30 p.m.

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

Mayor Berman adjourned the meeting at 11:30 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 29th day of August 2006. I further certify that the meeting was duly called and held and that a quorum was present.

Dated this 13th day of September 2006.

Catherine A. Templeton, CMC, Town Clerk

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