MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING

TUESDAY, SEPTEMBER 26, 2006 AT 7:00 P.M.
50 EAST CIVIC CENTER DRIVE
GILBERT, ARIZONA

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

COUNCIL ABSENT: Councilmembers Morrison and Urie

STAFF PRESENT: Manager Pettit, Assistant Manager Skocypec, Clerk Templeton, Attorneys Goodwin and Smiley, Acting Planning and Development Manager Edwards

CALL TO ORDER OF REGULAR MEETING

Mayor Berman called the meeting to order at 7:04 p.m.

INVOCATION AND PLEDGE OF ALLEGIANCE

Pastor Margaret Rosas of Fountain of Life Fellowship gave the invocation. Scouts led the Pledge of Allegiance and introduced themselves.

ROLL CALL

Clerk Templeton called roll and declared a quorum present.

PRESENTATIONS; PROCLAMATIONS

1. Oath of Office administered to Philip Barlow and Eugene Valentine for the Redevelopment Commission.

Mayor Berman administered the Oath of Office to Philip Barlow and Eugene Valentine for the Redevelopment Commission.

2. Proclamation declaring September 15, 2006 to October 15, 2006 as Hispanic Heritage Month.

Mayor Berman read a proclamation declaring September 15, 2006 to October 15, 2006 as Hispanic Heritage Month, and presented the proclamation to Tami Smull, Vice Chair of the Human Relations Commission. Vice Chair Smull briefly reviewed the event that will be held at the Boys and Girls Club on October 14 at 5:30 p.m. She encouraged the community to participate and celebrate the rich Hispanic heritage in Gilbert.

3. Presentation of the Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year Ended June 30, 2005.

Mayor Berman presented the Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year Ended June 30, 2005 to Assistant Manger Skocypec. Assistant Manager Skocypec stated this is the 14th consecutive year Gilbert received the award. He briefly discussed the award which recognizes that the Gilbert Comprehensive Annual Financial Report (CAFR) satisfied the nationally recognized standards and legal requirements. Assistant Manager Skocypec thanked Finance staff Cindi Matheisen, Florence Shultz, and Margie Bollinger for their work on the CAFR.

4. Recognition of Jason King for service on the Redevelopment Commission.

Mayor Berman recognized Jason King for service on the Redevelopment Commission and thanked him for his voluntary service to the community.

5. COMMUNICATIONS FROM CITIZENS

John Chiazza, 714 South Riata, Gilbert, said he is the Democratic Chair for District 22 and is working on Glen Ray’s campaign. Mr. Chiazza recognized Mayor Berman for the Constitution Fair. He said the Constitution Fair has become a very right wing ultra conservative event. Last year he contacted Bill Norton, Legislative District 22 Chair, and was told the event is a nonpartisan event. Mr. Chiazza said he went to the fair and found out it was nothing but a right wing ultra conservative fair. This year he contacted Mr. Norton and again was not contacted. Mr. Ray was told could have signs at a cost of $250 for two signs or $150 for one sign. Sponsorships throughout the fair were mostly from the Republican Party. Mr. Chiazza said he has a problem when Mr. Norton comes out and stated he has contacted Democratic Party representatives and it is not true. He recognized Mayor Berman for saying he would cut $15,000 in police and fire support if the event does not become nonpartisan. Mr. Chiazza said that both he and Mr. Ray are veterans and fought for the Country like any John Birch member. Mr. Chiazza said the issue should be reviewed and that the Democratic Party does exist in Gilbert and Democrats should be able to work on the event.

Mayor Berman responded that the Constitution Fair is not put on by the Town but the Town provides some funding for police and fire. He said that he feels everyone needs to be invited.

Glen Ray, Democratic candidate for State Senate, said he is a two time veteran, as well as John and his campaign manager. He encouraged the scouts to keep working toward Eagle Scout. Mr. Ray said that he feels Constitution Week is great and applauded the event. In the future there is a need to look at ways so everyone can be represented. Mr. Ray discussed some of the comments made and said he does not want to bring politics into an event and our founding fathers felt there should not be parties. Mr. Ray said it is important to educate youth on the history of the Constitution. Mr. Ray said he hopes he is the next State Senator representing Gilbert.

CONSENT CALENDAR

A MOTION was made by Vice Mayor Crozier, seconded by Councilmember Presmyk, to approve Consent Items 6, 7, 8, 8A, 8B, 8C, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28A, 30, 31, 32, 33, 34, and 35; remove Items 28 and 29 from the Consent Calendar; and remove Consent Items 9 and 10 from the agenda. Motion carried 5-0.

6. ANNEXATION A06-60 - consider adoption of an Ordinance approving the annexation of approximately 19.18 acres located at the southeast corner of Warner Road and 180th Street. A public hearing was held on August 1, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1823 was adopted.

7. ANNEXATION A06-78 – consider adoption of an Ordinance approving the annexation of approximately 4.82 acres generally located west and south of the southwest corner of Williams Field and Lindsay Roads. A public hearing was held on August 29, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1824 was adopted.

8. ANNEXATION A06-80 – consider adoption of an Ordinance approving the annexation of approximately 12.94 acres generally located south of the southwest corner of Lindsay and Ray Roads. A public hearing was held on August 29, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1825 was adopted.

8A. ANNEXATION A06-83 – consider adoption of an Ordinance approving the annexation of approximately 7.64 acres located south and east of Elliot Road and the Eastern Canal. A public hearing was held on September 12, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1826 was adopted.

8B. ANNEXATION A06-84 – consider adoption of an Ordinance approving the annexation of approximately 30.63 acres located south and east of Elliot and Greenfield Roads. A public hearing was held on September 12, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1827 was adopted.

8C. ANNEXATION A06-85 – consider adoption of an Ordinance approving the annexation of approximately 5.72 acres located east and south of Greenfield and Elliot Roads. A public hearing was held on September 12, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1828 was adopted.

9. AGREEMENT – consider approval of the Annual Maintenance Agreement with Motorola in an amount not to exceed $18,080.28 for the Police Radio Dispatch Console and authorize the Mayor to execute the required documents.

This item was removed from the agenda; no action was taken.

10. AGREEMENT – consider approval of a Cooperative Purchase Agreement with Utility Crane & Equipment for the purchase of two 2006 Ford F550 Bucket Trucks in an amount not to exceed $159,988 for the Public Works Department and authorize the Mayor to execute the required documents.

This item was removed from the agenda; no action was taken.

11. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving an amendment to the Bridges Development Agreement with First Bridge, L.L.C., Sawtooth Partners, LLC, and Bridger Land LLC related to the development of certain property located in the Town and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar. Resolution No. 2720 was adopted.

12. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving a Development Reimbursement Agreement with Queen Creek and Greenfield, L.L.C. for improvements to Greenfield Road and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar. Resolution No. 2721 was adopted.

13. INTERGOVERNMENTAL AGREEMENT – consider approval of an Intergovernmental Agreement with Maricopa County regarding permitting and development approvals in County Islands annexed into Gilbert and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

14. CONTRACT – consider approval of a contract with McCloskey-Peltz, Inc. in an amount not to exceed $75,720 for Landscape Architect Services for the Parkway Improvement Districts and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

15. CONTRACT – consider approval of a Construction Manager at Risk Pre-Construction Services Contract with Visus, Inc. in an amount not to exceed $35,970 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.

16. CHANGE ORDER – consider approval of Change Order No. 1 to the Construction Contract with Weber Group, L.C. in the amount of $16,876.02 and increased contract time for the equipping of Well No. 22 located adjacent to Recker Road and south of Queen Creek Road, Project WA039.

This item was approved with the Consent Calendar.

17. CHANGE ORDER – consider approval of Amendment No. 1 with Kiewit Western Co. in the amount of $818,680 for the new 2 MG Reservoir, and Well and Pump Station located at Baseline Road and 172nd Street, Project WA060.

This item was approved with the Consent Calendar.

18. CHANGE ORDER – consider approval of Change Order No. 1 with Carollo Engineers in the amount of $45,647 for the 2006 Water Resources Master Plan Update.

This item was approved with the Consent Calendar.

19. PURCHASE – consider waiving the bidding process and approve the purchase and installation of a new compressor from McQuay Service in an amount not to exceed $20,577.20.

This item was approved with the Consent Calendar.

20. PURCHASE – consider waiving the bidding requirements and approve the purchase of Meals Ready to Eat from Meyer’s Custom Supply in an amount not to exceed $45,000 for Emergency Management/Pandemic Preparedness.

This item was approved with the Consent Calendar.

21. PURCHASE – consider approval of the purchase of Traffic Signal Control Equipment from Econolite Control Products, Inc., a Sole Source Provider, in an amount not to exceed $574,094.71.

This item was approved with the Consent Calendar.

22. PURCHASE – consider approval of the purchase of three 2007 Chevrolet Impalas from Courtesy Chevrolet off the State Bid List in an amount not to exceed $66,500 for the Police Department.

This item was approved with the Consent Calendar.

23. PURCHASE – consider waiving the bidding requirements and approve the purchase of medical masks and gloves from Boundtree Medical in an amount not to exceed $19,499.62.

This item was approved with the Consent Calendar.

24. FINAL PLAT S04-03 – consider approval of the final plat for Shamrock Estates, Phase 2B located west of the northwest corner of Chandler Heights and Higley Roads

This item was approved with the Consent Calendar.

25. FINAL PLAT S05-02 – consider approval of the final plat for Avalon Estates located west of the northwest corner of Val Vista and Partridge Drives.

This item was approved with the Consent Calendar.

26. FINAL PLAT S585 – consider approval of the block plat for Mountainwood Phase 1 located at the southwest corner of Riggs Road and 164th Street.

This item was approved with the Consent Calendar.

27. FINAL PLAT SP1056 – consider approval of the re-plat of Lot 1 for Eldorado Tech Center IV located at the southeast corner of Arizona Avenue and Guadalupe Road.

This item was approved with the Consent Calendar.

28. EASEMENT – consider approval to grant an easement to Salt River Project for the installation of underground irrigation facilities along Elliot Road.

Councilmember Presmyk declared a conflict of interest.

A MOTION was made by Vice Mayor Crozier, seconded by Councilmember Skousen, to approve Items 28 and 29. Motion carried 4-0-1 with Councilmember Presmyk abstaining.

28A. PROPERTY ACQUISITION – consider adoption of a Resolution approving the acquisition of property for Utility Easements for installation of fire hydrants and minor water system improvements in Palomino Acres located near the northwest corner of Williams Field and Lindsay Roads.

This item was approved with the Consent Calendar. Resolution No. 2722 was adopted.

29. AESTHETIC FUNDS – consider authorizing the use of Salt River Project Aesthetic Funds to construct irrigation facilities along the Power Line Trail at the Western Canal.

Councilmember Presmyk declared a conflict of interest.

A MOTION was made by Vice Mayor Crozier, seconded by Councilmember Skousen, to approve Items 28 and 29. Motion carried 4-0-1 with Councilmember Presmyk abstaining.

30. TEMPORARY EXTENSION OF PREMISES – consider approval of a Temporary Extension of Premises for Buffalo Wild Wings located at 1475 West Elliot Road for a special event to be held on October 14, 2006.

This item was approved with the Consent Calendar.

31. SPECIAL EVENT – consider authorizing the use of municipal facilities and support materials for Kevin’s Last Walk Kickoff Event to be held on Saturday, February 24, 2007.

This item was approved with the Consent Calendar.

32. COMMUNITY ACTION PROGRAM – consider authorizing staff to decline the right to provide administrative and management services for Social Service Programs in the community and allow for a Request for Proposals (RFP) Process by Maricopa County.

This item was approved with the Consent Calendar.

33. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Nancy Genys from the Arts Advisory Board.

This item was approved with the Consent Calendar.

34. BOARDS AND COMMISSIONS – consider the appointment of Isabela Huin to the Human Relations Commission as a regular member with a term expiration of November 1, 2007.

This item was approved with the Consent Calendar.

35. MINUTES – consider approval of the minutes of the Regular Meeting of September 12, 2006.

This item was approved with the Consent Calendar.

PUBLIC HEARINGS

Vice Mayor Crozier reported that Item 59 would be removed for discussion.

Mayor Berman opened the public hearing for items 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, and 58. No one wished to speak and Mayor Berman closed the public hearing.

A MOTION was made by Vice Mayor Crozier, seconded by Councilmember Presmyk, to approve public hearing items 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, and 58. Motion carried 5-0.

36. ANNEXATION A06-86 – conduct hearing on the annexation of approximately 9.47 acres located at 172nd Street and Baseline Road.

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

37. ZONING Z06-2 – conduct hearing and consider approval of the findings and adoption of an Ordinance amending the Lyon’s Gate Planned Area Development located at the northwest corner of Williams Field Road and Wade Drive.

This item was approved with the Public Hearing vote. Ordinance No. 1829 was adopted.

38. ZONING Z06-03 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 351 acres located at the northeast, northwest, southeast and southwest corners of Santan Boulevard and Higley Road from Maricopa County Rural-43, R-4, and R1-18 to Town of Gilbert Single-Family-43 (SF-43), Single-Family-35, (SF-35), Single-Family-15 (SF-15), Shopping Center (SC), and Public Facility/Institutional (PF/I).

This item was approved with the Public Hearing vote. Ordinance No. 1830 was adopted.

39. ZONING Z06-15 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 80 acres located on the southwest corner of Brooks Farms and Recker Road from Maricopa County Rural-43 to Town of Gilbert Single-Family-43 (SF-43).

This item was approved with the Public Hearing vote. Ordinance No. 1831 was adopted.

40. ZONING Z06-17 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 77 acres located east of the southeast corner of Gilbert Road and Galveston Street from Maricopa County Rural-43 to Town of Gilbert Single-Family-43 (SF-43).

This item was approved with the Public Hearing vote. Ordinance No. 1832 was adopted.

41. ZONING Z06-22 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 60.93 acres generally located southwest, northwest, and northeast of the Williams Field and Higley Road Intersection from Maricopa County Rural-43, C2 and C3 to Town of Gilbert Community Commercial (CC), Shopping Center (SC), and Light Industrial (LI).

This item was approved with the Public Hearing vote. Ordinance No. 1833 was adopted.

42. ZONING Z06-29 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 7.62 acres generally located south of the southeast corner of 142nd Street and Ray Road from Maricopa County Rural-43 to Town of Gilbert Single-Family-35 (SF-35).

This item was approved with the Public Hearing vote. Ordinance No. 1834 was adopted.

43. ZONING Z06-30 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 28.64 acres located at the northwest corner of Pony Lane and Lindsay Road from Maricopa County Rural-43 to Town of Gilbert Single-Family-43 (SF-43).

This item was approved with the Public Hearing vote. Ordinance No. 1835 was adopted.

44. ZONING Z06-31 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 18.37 acres located north of the northwest corner of Greenfield and Elliot Roads from Maricopa County Rural-43 to Town of Gilbert Single-Family-43 (SF-43).

This item was approved with the Public Hearing vote. Ordinance No. 1836 was adopted.

45. ZONING Z06-32 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 20.43 acres located at the northwest corner of Galveston Street and Lindsay Road from Maricopa County Rural-43 to Town of Gilbert Single-Family-43 (SF-43).

This item was approved with the Public Hearing vote. Ordinance No. 1837 was adopted.

46. ZONING Z05-36 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 180.36 acres generally located south of Ray Road and east of Gilbert Road from Maricopa County Rural-43 to Town of Gilbert Single-Family- 43 (SF-43).

This item was approved with the Public Hearing vote. Ordinance No. 1838 was adopted.

47. ZONING Z06-38 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 12 acres generally located south of Ray Road and west of Lindsay Road from Maricopa County Rural-43 to Town of Gilbert Single-Family- 43 (SF-43).

This item was approved with the Public Hearing vote. Ordinance No. 1839 was adopted.

48. ZONING Z06-39 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 39.39 acres located north and east of the intersection of Ocotillo Road and Val Vista Drive from Maricopa County Rural-43 to Town of Gilbert Single-Family- 43 (SF-43).

This item was approved with the Public Hearing vote. Ordinance No. 1840 was adopted.

49. ZONING Z06-48 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 3.30 acres generally located at the northwest corner of Queen Creek Road and the Roosevelt Water Conservation District Canal from Maricopa County Rural-43 to Town of Gilbert Single-Family- 43 (SF-43).

This item was approved with the Public Hearing vote. Ordinance No. 1841 was adopted.

50. ZONING Z06-50 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 122.30 acres located at the southwest corner Ocotillo and Greenfield Roads from Maricopa County Rural-35 to Town of Gilbert Single-Family-35 (SF-35).

This item was approved with the Public Hearing vote. Ordinance No. 1842 was adopted.

51. ZONING Z06-51 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 1.33 acres located north and west of the northwest corner of Ray and Recker Roads from Maricopa County Rural-43 to Town of Gilbert Single-Family-43 (SF-43).

This item was approved with the Public Hearing vote. Ordinance No. 1843 was adopted.

52. ZONING Z06-58 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 1.40 acres generally located at the northeast corner of Buffalo Street and Mustang Drive from Maricopa County Rural-43 to Town of Gilbert Single-Family-43 (SF-43).

This item was approved with the Public Hearing vote. Ordinance No. 1844 was adopted.

53. ZONING Z06-60 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 5 acres generally located east of Higley Road and north of Mews Road from Maricopa County Rural-43 to Town of Gilbert Single-Family-43 (SF-43).

This item was approved with the Public Hearing vote. Ordinance No. 1845 was adopted.

54. ZONING Z06-63 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 3.60 acres located north of Warner Road at Greenfield Road from Maricopa County Rural-43 to Town of Gilbert Single-Family–10 (SF-10) and Public Facility/Institutional.

This item was approved with the Public Hearing vote. Ordinance No. 1846 was adopted.

55. ZONING Z06-78 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 1.10 acres located north and west of the northwest corner of Ray and Recker Roads from Maricopa County Rural-43 to Town of Gilbert Single-Family-43 (SF-43).

This item was approved with the Public Hearing vote. Ordinance No. 1847 was adopted.

56. ZONING Z06-87 – conduct hearing and consider approval of the findings and adoption of an Ordinance changing the zoning classification for approximately 4.55 acres located south and west of the southwest corner of Queen Creek and Greenfield Roads from Maricopa County Rural-43 to Town of Gilbert Single-Family- 43 (SF-43).

This item was approved with the Public Hearing vote. Ordinance No. 1848 was adopted.

57. CODE OF GILBERT – conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert by amending Chapter 22 Court, Article II Municipal Duties of Presiding Judge and adding new Section 22-38 Court Enhancement Fund related to collection and disposition of fees for the Town of Gilbert Municipal Court.

This item was approved with the Public Hearing vote. Ordinance No. 1849 was adopted.

58. SYSTEM DEVELOPMENT FEES – conduct hearing and consider acceptance of the FY2005-06 System Development Fee Annual Report.

This item was approved with the Public Hearing Vote.

59. CODE OF GILBERT – discussion and possible action related to the Council action of August 29, 2006 adopting Ordinance No. 1817 that reinstated penalties for the escape of water into streets that may include:

a. Taking no action to repeal or change Ordinance No. 1817;

b. Adoption of an Ordinance repealing Ordinance No. 1817; or

c. Adoption of an Ordinance changing the penalty clause for Ordinance No. 1817 from a misdemeanor to a civil sanction.

Manager Pettit advised that based upon filing a referendum yesterday, Council can choose to do nothing, repeal the ordinance, or adopt a new ordinance with civil penalties which is on the dais.

Virgilio Fernandez, 21 South Ranchos Legante Drive, Gilbert, said he has been a resident for 7 years since 1999. He has property with water privileges and is always careful not to waste water. Mr. Fernandez explained that when Elliot Road opened some of the drainage changed. He tried to raise the berm around his property as much as he could. Mr. Fernandez said he is concerned if he raises the berm more it would flood his home. He is not concerned about a penalty but heard that the penalty can be extremely heavy handed at $2,500 and six months in prison. Mr. Fernandez explained that SRP gives a warning and expressed concern that the penalty is in excess of drunk driving and is excessive. He explained that SRP cannot always control the flow of water and that there is some inconsistency. Mr. Fernandez concluded by saying that a penalty of $2,500 and six months in prison seems extremely excessive.

Attorney Goodwin explained that the Ordinance reads up to $2,500 or six months in prisoner both as a maximum penalty. Attorney Goodwin said the judge has a schedule of fines to impose across the board and she does not believe there has ever been a $2,500 penalty or 6 months in jail for a violation of any Town ordinance. Attorney Goodwin said the Code now allows alternative civil sanctions. When legal counsel drafted the ordinance to reinstate the old provisions standard penalty clause was included and perhaps better to put in the civil penalty clause.

Mayor Berman said some people feel if they break a sprinkler or get two times as much water delivered they would get fined. Attorney Goodwin pointed out that the Ordinance says willfully and negligently to create a hazardous condition. There are several thresholds to cross before someone is cited. Mayor Berman said the first person that would act is Code Compliance and then the matter would go to a judge. The Town would then need to prove the act was willful and negligent.

John Ellsworth, 41 South Ranchos Legante, Gilbert, explained that his property and Mr. Fernandez’s property is on the end of a five mile ditch. If any person misses the water delivery upstream it lets the water go into their yards. Mr. Ellsworth discussed differences in water delivery and said it is not an exact science and there are many variables up stream. Mr. Ellsworth said he can appreciate that a judge may levy the penalty but there is much arbitrary hassle caused. He said he would want to see some sort of clarity, adjustment, and equity in this. Mr. Ellsworth explained that the amount of water delivered is different one out of three times and that properties never get the same amount of water. There is a culvert under Elliot Road but it is not connected although it was verbally by the developers of Finley Farms.

Russell Rae, 201 East Washington, Phoenix, stated he is the attorney for the Roosevelt Water Conservation District (RWCD) and he is here to express District concern over the Ordinance as written. Mr. Rae said he feels there will be impacts on his clients operation and its service to customers. The Ordinance is vague and arbitrary. Mr. Rae expressed concern that someone could conceivably decide what his client does is in violation of the Ordinance. Mr. Rae discussed an example of a storm that would be beyond the District’s control. He expressed concern over the penalties and with the discretion of whoever enforces the Ordinance. Mr. Rae suggested Council consider materially revising the Ordinance or repeal the Ordinance in its entirety. Mr. Rae discussed the number of customers RWCD has within Gilbert. Mayor Berman asked Mr. Rae if he read the Ordinance. Mr. Ray said he had a copy of the Ordinance and the terms willful and negligent are subject to interpretation and could impact his clients operation. Mr. Ray expressed concern that there will be an issue with interpretation.

Attorney Goodwin pointed out the Ordinance was in effect for about 20 years and RWCD was never cited. This is a reinstatement of an Ordinance removed that probably should have been left in when the water wasting Ordinance was revised.

Councilmember Skousen discussed his experience with irrigation water and explained sometimes people do not open their gates. He said he was a Judge for 27 years, 17 in Gilbert, and during that time nobody went to jail for six months. Councilmember Skousen said he appreciates the concerns and he feels there are some inequities to rethink.

Bobbi Smith, 1113 South 131st Street, Gilbert, submitted a request to speak but did not address Council.

Mayor Berman closed the public hearing.

A MOTION was made by Councilmember Presmyk, seconded by Councilmember Skousen, to adopt Ordinance No. 1850 repealing Ordinance No. 1817. Motion carried 5-0.

ADMINISTRATIVE ITEMS

60. COUNCIL ADMINISTRATION – consider approval of:
a) The Regular Council Meeting Schedule for Calendar Year 2007; and
b) Designate dates for Quarterly Retreats and the Annual Retreat in August 2007.

Manager Pettit requested Council approval of the Regular Meeting Schedule and designation of dates for the quarterly retreats and annual retreat. Council briefly discussed dates for the retreats and August meetings.

A MOTION was made by Councilmember Presmyk, seconded by Councilmember Crozier, to approve the Regular Council Meeting Schedule for Calendar Year 2007 deleting the meetings of July 31 and August 14, designate February 24, 2007, and May 12, 2007 for the remaining Quarterly Retreats, and designate August 17 and 18, 2007 for the Annual Retreat. Motion carried 5-0.

61. 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

Councilmember Presmyk invited everyone interested in raising funds for the Public Safety Memorial to a meeting on Thursday, September 28 at 7:00 p.m. in the Council Chambers.

Vice Mayor Crozier reported that MYAC has been meeting every other week and is moving forward.

Councilmember Skousen said the Redevelopment Commission met last week and it was Jason King’s last meeting. He said the Redevelopment Commission is a very dedicated group of people and he looks forward to Mr. Barlow’s involvement.

Vice Mayor Crozier reminded everyone of the Hispanic Heritage event on October 14 at 5:30 p.m. at the Gilbert Boys and Girls Club. The event will have activities, dance groups, an appearance by Louis Gonzalez, Mariachi bands, food, and stage entertainment.

POLICY ITEMS

None.

FUTURE MEETINGS

Manager Pettit said staff previously briefed Council on the expenditure limitation. Council gave staff direction to schedule a permanent base adjustment for the March 2007 ballot. Manager Pettit asked whether Council would like an additional briefing prior to calling the election on November 7. The consensus of Council was that another briefing was not needed.

COMMUNICATIONS

62. Report from the MAYOR on current events.

Mayor Berman commented on the Constitution Fair, said it is a wonderful event, and said Mr. Norton does a good job. This year he attended the event briefly because of the Community Excellence Awards. The Monday after the event the press called and said the Democratic Party said they were not invited to the event. Mayor Berman said there is a need for everyone to participate. Next year a letter will be sent inviting everyone to the event and he feels that will solve the issue. Mayor Berman said he feels it was clear the event needs to be inclusive.

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

Councilmember Skousen said he told Mr. Norton that he cannot support the event if everyone is not invited and it must be an open affair. He said he was surprised because had spoken with Mr. Norton.

64. Report from the TOWN MANAGER on current events.

Manager Pettit reminded Council there is a meeting with the Redevelopment Commission next Tuesday at 7:00 p.m. There will be one business item to hear an appeal of the Design Review Board decision on Dillard’s.

ADJOURN

A MOTION was made by Councilmember Presmyk, seconded by Councilmember Skousen, to adjourn the meeting. Motion carried 5-0. Mayor Berman adjourned the meeting at 8:15 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 26th day of September 2006. I further certify that the meeting was duly called and held and that a quorum was present.

Dated this 11th day of October 2006.

Catherine A. Templeton, CMC, Town Clerk

Digg this