Gilbert approves storage facility 7-0, faces rail study backlash

Gilbert Council Weathers Two-Hour Commuter Rail Firestorm, Approves Storage Facility Amid Property-Seizure and Misconduct Allegations

Tuesday evening's Gilbert town council meeting became a pressure valve for over 40 residents angry about a proposed commuter/light rail feasibility study—despite the item never appearing on the council's voting agenda. The meeting also surfaced serious allegations of councilman misconduct, unresolved property condemnation disputes, and a complaint that HOA residents are being forced to maintain town-planted sidewalks. Two development projects moved forward with minimal friction: a self-storage facility and a large mixed-use downtown project representing a unique commercial model for the town.

Key Speeches

"On primary election day I was assisting electioneers at different polling locations during one of those shifts I personally witnessed councilman scott september attempting to steal campaign signs from the ground that opposed his candidacy. The electioneers and I stopped him and made him put the signs back. A police report has been made and multiple witnesses including people that are here can corroborate the story. I am respectfully asking for the resignation of scots september effective immediately as this is not acceptable conduct from an elected." — Andrew Adams, Chairman, Legislative District 14 Republican Party

"It's been a year two and a half years I think or maybe it's 20 months maybe so it's maybe not but it seems like forever that I have felt threatened that my home is going to be invaded my backyard my privacy. I have four horses and I have a special needs daughter and a grandson that I have made provisions to give therapy not to just to them but other children and people. You'd be taking half of that away if you tear down my barn." — Debbie Kuhn, homeowner, Ocotillo corridor property-seizure area

"The Gilmore includes 200,000 square feet of retail forty five thousand square foot grocer thirty seven thousand square feet of retail below residential lofts. It's almost eighty thousand square feet of pads and buildings and three different parks within this development. Instead of a retail shopping center that you do not see today in the rc zoning district it allows residential buy right on top of ground floor service non-residential uses." — Adam Ball, developer representative, Thompson Thrift

"We are the third safest city in the united states out of 19,000 cities and towns in the united states gilbert's third. Yes that's a great accomplishment." — Mayor Bridget Peterson, responding to criticism about safety and growth

Timeline

Communications from Citizens (approximately 2.5 hours):

• Vice Mayor opened public comment period; resident Alison Bones spoke first about rare disease awareness and her deceased son Travis; tone quickly shifted to commuter rail opposition
• Over 40 speakers addressed council, majority (estimated 30+) opposing commuter rail/light rail; speakers included Debbie Kuhn, Nolan Baldwin, Ellen West, Carol Cherry, Leslie Novak, Eric Natty, Terry Natty (Ocotillo property seizure); Bob Sheahy and Melanie Sheahy (sidewalk maintenance burden); Andrew Adams (campaign sign theft allegation); multiple residents citing crime, homelessness, and loss of small-town character
• Key theme: Residents demanded either a town-wide vote or formal agenda discussion on commuter rail; Mayor Peterson noted item was not scheduled for council action or discussion
• Vice Mayor Amientas directed staff to investigate uniform improvements for bulk-trash workers (per Councilmember Michael Clark's comment)

Consent Agenda (Item 12 - Ambulance Purchase):

• Council voted to approve consent items 1–11 and 13–21 without individual discussion
• Councilmember Kathy Tulke requested separate vote on Item 12 (purchase of three ambulances), citing concerns that the town's new ambulance service—launched less than one year prior—had already exceeded initial projections for vehicle needs
• Tulke's separate vote passed (tally not individually named in transcript)

Public Hearing Items 22–25:

• Item 22 (Self-Storage Facility, Wrecker & Pecos): Ryan Ramsey raised ingress/egress concerns; Michelle Osborne (San Tan Ranch resident) voiced safety worries about two-story facility across from elementary school, proximity to well #19, and potential for transient/criminal activity
• Adam Ball (developer rep) testified that facility is internally accessed, offers 75-foot landscaping buffer (vs. 15-foot minimum allowed under zoning), and agreed to install view fence between building and neighbor's back wall per councilman Scott September's condition
• Items 23–25: Jim Torgeson (resident/former candidate) warned council about "windfall" wealth created by zoning variances for apartment developers and impact on existing residents; Adam Ball presented The Gilmore mixed-use project (two-year development process) featuring 156 residential lofts, 200,000 sq ft retail, 45,000 sq ft grocer, and parks
• Councilmember Scott Anderson defended apartment stock (88–90% of Gilbert units remain single-family vs. 30–40% in neighboring cities); Mayor Peterson cited water usage concerns and noted commercial brick-and-mortar retail cannot sustain itself on the Gilmore's back acreage without residential component
• Mayor noted Gilbert remains third-safest city in US (out of 19,000 municipalities)

Opposition

Commuter Rail / Light Rail Feasibility Study:

• Number of speakers: 30+ residents

• Main concerns:

  1. Crime, homelessness, and drug activity attracted to light rail in other Arizona cities (Mesa, Tempe, Phoenix)
  2. Residents report transient encampments, platform defecation, platform bathing, and break-ins at light-rail stops elsewhere
  3. Federal funding comes with "strings attached"; sustainability requires massive ongoing subsidies
  4. Ridership data shows declining public transit use; buses in Gilbert run nearly empty
  5. No demand identified for commuter rail; proposal lacks transparent planning and public engagement (residents learned of project via yellow signs, not formal notice)
  6. Loss of Gilbert's "small-town feel" and character; property owners fear this will become like Tempe, Mesa, or Phoenix
  7. Lack of democratic input; residents demanded either town-wide referendum or formal council agenda item for discussion

• Most compelling arguments:

  • Gene Frakes quoted direct testimony from light-rail workers: homeless riders use trains as air conditioning and shelter; trains become drug-dealing venues
  • Roy Morales cited personal experience riding light rail in Mesa: "sketchy" transients, camps, and use of trains as mobile shelter
  • Multiple speakers (Mary Ryan, Carol Cherry, others) cited crime at light-rail terminals (Los Angeles typhus outbreak, New York subway assaults) and rising apartment-related violence in Gilbert neighborhoods
  • Nikki Rieber: "There's a reason you don't live there anymore"—warning to former residents of rail cities who now oppose rails in Gilbert
  • Anthony Curso noted Mayor Peterson's own letter stating rail expansion is "entirely federal decision outside the authority and scope of the Gilbert town council," yet questioned why council is spending money on feasibility study

• Organized groups: None formally identified; however, multiple speakers referenced NextDoor app coordination and yellow-sign awareness campaigns

Self-Storage Facility (Item 22):

• Number of speakers: 2 against (Ryan Ramsey, Michelle Osborne)

• Main concerns:

  1. Two-story height increases privacy intrusion despite developer claims of no exterior windows
  2. Proximity to school and residential areas creates risk of transient/criminal access
  3. "Transient business" permits unknown individuals from outside community to access facility
  4. Lack of sex-offender screening or time-of-occupancy monitoring
  5. Security fencing not initially proposed; could create unsecured "no man's land" between facility and neighbor's property
  6. Ingress/egress problems on Wrecker Road already exist; driveway improvements may not adequately address horse-trailer turnaround issues

• Most compelling argument: Michelle Osborne emphasized she is "a born and raised native of Arizona…Gilbert for 28 years…directly behind" the facility with a 14-year-old daughter and swimming pool; questioned developer's claim that transient access does not pose pedophilia/drug-dealing risk

The Gilmore Mixed-Use Project (Item 23):

• Number of speakers: 1 against (Jim Torgeson, resident/candidate)
• Main concern: Zoning variance creates "windfall" wealth for developers who buy regional-commercial land and rezone for mixed-use, generating 10+ million dollars annually in operating income at 50 dwelling units per acre, while existing neighbors bear traffic/density impact
• Jim Torgeson: "What if you sit there and all of a sudden hey I've got a piece of property can you rezone this for me please oh instead of worth 400,000 it's worth 4 million today"

Property Seizure for Ocotillo Widening (not voted on but extensively discussed):

• Number of speakers: 6+ (Debbie Kuhn, Nolan Baldwin, Ellen West, Carol Cherry, Leslie Novak, Eric Natty, Terry Natty)

• Main concerns:

  1. 24 homeowners in Casey Ranches and Ocotillo corridor facing property seizure for sewer/water utility access and road widening
  2. Residents claim town staff "manipulated" engineering analysis to justify property takings
  3. Least-property-takings option identified in analysis is most expensive; cheaper options take more land, suggesting economic justification is secondary to other motives
  4. No transparent communication before letters sent; staff promised negotiation over July recess but none occurred
  5. Residents report being offered fraction of land value; some permits for barns, pools, and guest houses may be demolished with no compensation mechanism
  6. Proposed road widening includes "meandering sidewalks," "horse trails," and "5 lanes" on a rural road where "one horse in 23 years" has been observed
  7. Staff member David Fabiano allegedly misled resident Ellen West about required setbacks; town official Teresa allegedly attempted to withhold public documents

• Most compelling arguments:

  • Nolan Baldwin (Casey Ranches): "Even now the current options that the one that doesn't take our property is the most expensive why is that because it includes its only option that includes moving the reclaimed water line. Now if you can buy around the manholes and you don't need to move the reclaimed water line why does leaving all the property necessitate moving the water lines?"
  • Leslie Novak compared council's 20-minute debate on medical benefits for town employees to "blindly voting to seize property that would cost this town millions of dollars"
  • Ellen West: "I want my home and my garden and my trees to be my legacy for my husband and my son…I've lived there I've seen one horse in 23 years…this is not a part of the town where people get out and ride their bicycles"
  • Eric Natty (executive chef managing large teams): "Failure of leadership…we have not been talked to…instead what we've got is a failure of leadership because that's what it is"

Sidewalk Maintenance Burden (Cooley Station South, Agrotopia, Lionsgate HOAs):

• Number of speakers: 2 (Bob Sheahy, Melanie Sheahy)
• Main concern: Two years ago, town shifted sidewalk maintenance responsibility to HOA residents despite town having planted trees that break sidewalks; town refuses to cut trees and cannot afford repairs; creates ADA non-compliance and financial hardship
• Melanie Sheahy noted town maintained sidewalks for 11 years, creating precedent, but reversed policy without notice

Support

The Gilmore Mixed-Use Project:

• No formal speakers identified as supporting; Mayor Peterson and Yung Koprowski remarks during council discussion constitute strongest support
• Adam Ball (developer) presented project as fulfilling town's general plan for regional commercial and vertical overlay intent; noted two-year process included community meetings with positive reception

Self-Storage Facility:

• No opposing comments from immediate neighbors other than Osborne and Ramsey; some implied support from council discussion

Project Details

Item 22: Self-Storage Facility

• Location: Wrecker Road and Pecos Road
• Applicant/Developer: Not explicitly named in transcript; represented by Adam Ball (developer representative)
• Proposed use: Two-story self-storage facility
• Zoning: NC (neighborhood commercial)
• Height: Five feet taller than by-right allowance under NC zoning
• Setback/Buffer: 75-foot landscaping buffer from neighboring residence (vs. 15-foot minimum allowed under existing zoning)
• Improvements: Driveway construction and roadway dedication/improvement (curb, gutter, sidewalk, street lights) on Wrecker Road
• Conditions of approval: Installation of view fence (wrought iron or picket, per code allowance) to connect building wall to neighbor's perimeter wall, preventing unauthorized access to inter-parcel space

Item 23: The Gilmore Mixed-Use Development

• Case number: Not stated in transcript
• Applicant/Developer: Thompson Thrift (commercial, industrial, and residential developer)
• Attorney/Representative: Adam Ball, 2525 East Arizona Biltmore Circle
• Location: Corner of Germain Avenue and Val Vista Drive (near vertical height overlay district, Valvista Medical Growth Area)
• Size/Scope: Approximately 40 acres
• Proposed components:
  • 156 residential lofts
  • 200,000 square feet of retail
  • 45,000 square foot grocer
  • 37,000 square feet of ground-floor retail
  • Three parks with outdoor recreational space (rooftop amenities, play areas)
  • Pedestrian shade corridors
  • Office space potential
  • Ground-floor non-residential/restaurant use on three sides
• Zoning: Regional Commercial (RC); Vertical Height Overlay (Valvista Medical Growth Area)
• Height: Consistent with Vertical Overlay allowance (90 feet by right per staff; PAD possible for up to 120 feet—staff noted possibility but applicant apparently not requesting)
• Parking: No parking on side or rear adjacent to schools; design minimizes visibility of residential from arterial streets (Germain, Val Vista)
• Development timeline: Approximately two years of planning and community engagement prior to council presentation
• Comparable projects: Kierland (Scottsdale); Fishers District (Indiana) by same developer
• Density: 156 lofts above retail; 144 apartments in northwest corner (no visibility to Germain/Val Vista)
• Total open space: More than half million square feet (exceeds ordinance requirement)

Vote Breakdown

Item 22 (Self-Storage Facility at Wrecker & Pecos)

• Final: 7-0
• Yes: Mayor Bridget Peterson, Vice Mayor Amientas, Scott Anderson, Lauren Hendricks, Yung Koprowski, Scott September, Kathy Tulke
• No: None
• Condition: View fence installation

Item 23 (The Gilmore Mixed-Use Project)

• Final: 7-0
• Yes: Mayor Bridget Peterson, Vice Mayor Amientas, Scott Anderson, Lauren Hendricks, Yung Koprowski, Scott September, Kathy Tulke
• No: None

Items 1–11, 13–21 (Consent Agenda, except Item 12)

• Final: Passed (individual tally not stated)

Item 12 (Ambulance Purchase)

• Final: Passed (individual vote tally not stated in transcript; Councilmember Tulke voted separately)
• Noted: Councilmember Kathy Tulke expressed concern that purchase of three additional ambulances, less than one year after service launch, exceeded initial project parameters regarding vehicle needs

Items 24 & 25

• Final: 6-1 (one councilmember voted no; identity not stated in transcript)

Outcome & Next Steps

Item 22 (Self-Storage Facility): Approved 7-0 with condition requiring installation of view fence (wrought iron or picket, per code standards) connecting building wall to neighbor's perimeter wall to prevent unauthorized access.

Item 23 (The Gilmore): Approved 7-0 as consistent with regional commercial zoning, vertical height overlay intent, and town general plan. Project proceeds to next development phase.

Commuter Rail/Light Rail: No formal action taken; item not on voting agenda. Mayor Peterson acknowledged public opposition but noted council has no stated interest in voting or formal discussion at this time. Vice Mayor and staff suggested process options: (1) council members could petition for ordinance or resolution drafting to prohibit town resources from commuter-rail funding/construction; (2) special meeting could be called for public dialogue without council action.

Property Seizure (Ocotillo Widening, Capital Improvement Project ST0990): No council action or formal response during meeting. Eric Natty (resident) demanded staff response within 10 days in writing regarding plan, citing failed summer communication. No follow-up date or staff commitment announced.

Sidewalk Maintenance (Cooley Station South, Agrotopia, Lionsgate): Mayor Peterson acknowledged concerns; no formal action announced, though Bob and Melanie Sheahy's comments suggested council will "reconsider" policy.

Bulk Trash Uniform Improvement: Vice Mayor asked staff to investigate feasibility of dry-wicking uniforms for bulk-trash collection workers and report back at future council hearing.

Election Canvassing & Special Meeting: Mayor Peterson announced final election results expected Tuesday evening (August 9); special meeting to be scheduled for Tuesday or Wednesday of following week (mid-August) to canvass primary election results and issue certificates.

Controversies & Context

Campaign Sign Theft Allegation

Andrew Adams, Chairman of Legislative District 14 Republican Party, alleged that Councilman Scott September attempted to remove campaign signs opposing September's candidacy on election day (August 9, 2022). Adams stated he personally witnessed the incident, stopped September, and made him replace the signs; multiple witnesses were present. Adams stated a police report had been filed and asked for September's resignation. Paul Schubring (resident) followed up asking about the status of the police investigation, noting he had seen no public follow-up from Gilbert Police Department. Neither the council nor any official responded substantively to the allegations during the meeting.

Commuter Rail Transparency & Authority

Christina Curso noted that page 143 of the town's Transportation Master Plan (in council packets) explicitly discusses commuter rail and shows visual connection between Mesa light rail and proposed Gilbert commuter rail. She emphasized that while federal government may plan expansion, Gilbert council has authority to decide whether the rail stops in Gilbert. Anthony Curso cited Mayor Peterson's own letter stating commuter-rail expansion is "entirely federal decision outside the authority and scope of the Gilbert town council," yet questioned why staff is spending time and money on feasibility study if council is powerless.

Residents demanded either a town-wide referendum or formal council agenda item to discuss or vote. Mayor Peterson and Vice Mayor acknowledged the quandary: commuter rail is not on council's action agenda, so council cannot formally debate or vote, yet residents feel shut out of the decision-making process. Staff suggested options included calling special meeting or council members signing petition to draft ordinance.

Property Seizure Disputes – Engineering & Communication Failures

Multiple homeowners (Nolan Baldwin, Ellen West, Leslie Novak, Eric Natty, Terry Natty) alleged that town staff has not transparently negotiated property takings and has not provided alternatives that would minimize takings. Key claims:

• Manipulation of engineering analysis: Baldwin stated "we have had this manipulation of numbers to show why they were taking our property"; town's own analysis showed the option requiring least property takings is most expensive, yet town promoted other options. Baldwin asked why reclaimed water line must be moved if property is left intact.
• Misrepresentation: Ellen West reported that staff member David Fabiano told her certain setback distances were required by SRP and RWCD, but West verified directly with those agencies and found distances were far less than claimed—or not required at all.
• Withheld documents: Eric Natty stated that town official Teresa (community outreach) attempted to withhold public comment cards from a resident meeting; Natty had to remind her of Arizona Records law.
• Lack of follow-up: Eric Natty stated that council directed staff to negotiate with homeowners over July recess, but no communication occurred; Natty demanded written plan within 10 days.
• Impact on residents: Nolan Baldwin noted one homeowner, Vick McCleave, passed away during dispute; another, Greg Davis, sold and moved. Debbie Kuhn expressed terror about losing her barn (used for therapy for special-needs daughter and grandchildren) with no compensation mechanism. Ellen West reported recently diagnosed cancer and desire to preserve home and garden as legacy.
• Comparison case: Eric Natty cited Harness v. City of Phoenix, where Phoenix lost legal challenge attempting to condemn land outside city borders for nature preserve; Natty suggested similar scrutiny should apply to Gilbert's landscaping-focused takings that extend into private property.

Sidewalk Maintenance Liability Shift

Bob and Melanie Sheahy reported that two years prior, town shifted responsibility for public sidewalk maintenance to HOA residents in Cooley Station South, Agrotopia, and Lionsgate, despite:

• Town having planted trees that break pavement
• Town refusing to cut down or trim trees
• HOA residents unable to afford repair costs
• ADA compliance issues (wheelchairs cannot negotiate broken sidewalks)

The Sheahys noted town had maintained sidewalks for 11 years, creating precedent that town owned/maintained them. Change occurred without resident notice or vote.

Growth & Density Tensions

Residents expressed frustration over rapid apartment construction visible along Williams Field, Power Lines, and throughout Gilbert. Complaints focused on:

• Perception of excessive density despite Mayor Peterson's data (88–90% of Gilbert units remain single-family vs. 30–40% in neighboring cities)
• Worsening traffic, loss of small-town character, and property-value decline
• Apartments do not pay property taxes (renters do not own)
• Insufficient public input or referendum on major zoning changes
• Concern that federal funding for transit/infrastructure comes with mandates (e.g., "gender reassignment benefits," "pronouns," etc.)

Councilmember Scott Anderson defended mixed-use and apartment zoning, noting:

• Staff and workforce cannot afford single-family homes in Gilbert on local salaries
• Existing commercial zoning already permits density; rezoning is not the only driver
• Apartment construction in areas like Cooley Station was planned decades ago; density has actually been reduced on some properties
• Brick-and-mortar retail is dying; mixed-use projects are necessary to economically sustain commercial districts

Mayor Peterson added:

• Gilbert is third-safest city in US (out of 19,000 municipalities)
• Rent in Gilbert apartments exceeds what mayor's salary could afford, indicating no casual link between apartment supply and affordability
• Mixed-use environment (The Gilmore) fulfills town general plan vision
• Schools, medical centers, and police/fire require local workforce housing options

Duration

• Communications from Citizens: Approximately 2.5 hours (40+ speakers, 3 minutes each)
• Total meeting duration: Not explicitly stated; meeting began approximately 4:30 PM, broke for ~5 minutes mid-meeting, and extended well into evening
• Public hearing items (22–25): Approximately 45 minutes to 1 hour

Other Notable Items

Alison Bones Advocacy for Rare Disease: Alison Bones, founder of Team for Travis nonprofit, spoke during communications-from-citizens period about isolated congenital asplenia (ICA, absence of spleen), which caused death of her 8-year-old son Travis in 2018. She described efforts to fund genetic research and newborn screening; noted Governor Doug Ducey proclaimed August 25, 2022, as "Team for Travis Esplenia Awareness Day" and that the Gilbert water tower would be lit orange in observance. She invited public to visit team4travis.org and invited participation in October 16 golf tournament at Topgolf Glendale to raise funds for genetic research and whole-genome sequencing initiatives at Rockefeller University (NY) and UC San Francisco.

Election Update: Mayor Peterson noted final primary election results expected evening of August 9; special meeting to be scheduled for mid-August to canvass results and issue certificates. Noted incumbent council members and at least one runoff scenario under discussion (reference to "Miss Buckley" and other candidate names in public comment).

Fire Chief Swearing-In: Mayor announced official swearing-in of new Fire Chief Rob Duggan scheduled for Thursday, August 11 (formal ceremony), with note that Duggan was sworn in informally during this meeting but will have public ceremony later.

Drowning Awareness: Mayor noted August is drowning-impact awareness month (purple); Gilbert Fire and Rescue responded to seven water-related incidents in 2022 year-to-date. Encouraged ABCs of drowning prevention: Adult supervision, Barriers, Classes.