Gilbert defers contentious commuter rail ordinance to November after procedural challenge
GILBERT, ARIZONA — September 7, 2022

Gilbert defers contentious commuter rail ordinance to November after procedural challenge

Gilbert town council meeting marked by significant community opposition to Morrison Ranch industrial park development, ethics complaint controversy regarding developer influence, and procedural disputes over commuter rail ordinance, with strong resident concerns about growth, corruption, and loss of town character.


Gilbert Council Tables Rail Ordinance Amid Procedural Revolt and Fervent Opposition to Morrison Ranch Industrial Park Proposal

At its September 6, 2022 meeting, the Gilbert town council encountered rare procedural turbulence and sustained community anger over development, growth, and governance, shelving a contentious commuter and light rail ordinance and hearing dozens of residents oppose a massive industrial project adjacent to Morrison Ranch neighborhoods. The session also surfaced an unresolved ethics complaint against Council Member Scott September—who attended virtually after battling COVID—with public speakers accusing the council of burying allegations of developer corruption and improper campaign funding.

Key Speeches

"I question whether or not I should even speak tonight as much of the conduct as individuals and as a governing body I see on this side of the dais suggests that you're here to satisfy your own agendas under the guise of being in the best interest of the people." — Ryan Handelsman, Gilbert resident

"When I first noticed a lot of the frivolous decisions the council was approving when it comes to zoning requests and expansion of high density housing, etc., I chalked it off as politicians simply not looking past the election term. Yet as new information continues to surface, what I would previously call and describe as careless action I reference more often than not is potentially corrupt." — Ryan Handelsman

"The only two parties that stand to benefit from a lot of these decisions are the developers that are requesting making the requests for these zoning changes and the people sitting beside you on that dais. It's obvious that a lot of your seats have been paid for by developers." — Ryan Handelsman

"Ethics complaint filed for failure to maintain highest standards of integrity and honesty, which is the ethics policy. A town attorney writes a letter to you folks and he states enough info exists in police report for council to consider allegations from ethics complaint. He makes a recommendation: 'I recommend that the town council carefully review ethics complaint and police report and determine whether or not sufficient evidence exists to substantiate a violation of the code of ethics.' Mayor Peterson, Yung Koprowski, Kathy Tilke, and Scott Anderson all went against the town attorney's recommendation." — Brandon Riff, ethics complaint filer

"You guys should be here to support and defend the citizens of Gilbert, and it sounds to me like you're more interested in defending your reputation. You wonder why there were signs all over the place, people are upset about corruption—this is why. People want transparency. People want to be listened to and heard and understood and respected." — Brandon Riff

"Instead of that nice mixed-use community that was proposed, somebody came and said let's just put a big warehouse there because we need jobs. Obviously, that would have gone nowhere. My hope is that when the proposal to carve up Morrison Ranch—the last quarter-mile of it—and turn it into industrial use, turning its back to Morrison Ranch, it turns back to the 20-plus years of development and promises that the developers and the town has made to creating a cohesive community, that you will equally quickly reject it out of hand. It just makes no sense." — Brian Mosley, Morrison Ranch resident

"It's taking the industrial use from 16–18 percent to over 90 percent. The largest industrial park in Gilbert, some of the biggest buildings in Gilbert, just getting bigger and bigger, lined up against all of our homes. Where we were promised the Morrison Ranch business park and where the town agreed to it, and where there's going to be connecting trails that connect into our community. Instead, it's being proposed this giant industrial park with one of the largest buildings potentially being a million square feet." — Brian Mosley

"We are grateful to some vigilant neighbors who have alerted us to the massive industrial park that is being planned for the land right next to our home, which is between Elliott and Warner and Power and Wrecker. After living eight years in various parts of New York and New Mexico, we were thrilled to finally put down roots in Gilbert. We bought our home in Morrison Ranch because of the well-cared-for neighborhood and family-centered community it provided." — Stephanie Evans, Elliott Groves resident

"It's disappointing that the entire neighborhood wasn't given any notice of these plans. After attending the virtual neighborhood meeting hosted by the developers' lawyers, I am more than sick to my stomach about what is being planned. Would you feel it's appropriate to erect 17 absolutely monstrous concrete boxes to fill millions of square feet of land right next to a neighborhood of 460 homes?" — Stephanie Evans

"This proposed industrial nonsense is completely out of line with what Gilbert truly stands for. This is a complete disregard, in my mind, for the livelihood of the Morrison Ranch community and quite frankly the entire town. There is no town within this great nation which has anything industrial in size to this magnitude embedded and proposed so closely to residents' homes." — Lonnie Chison, Morrison Ranch resident

"I read this: 'The town shall not assess a new tax or new fee without a referendum.' This is nothing about assessing current taxes, current fees, current bond money. Nothing. It's an end-around. This is not what any reasonable person would expect. It is not. I think it's horrible that it's been presented this way. This parlays into the feeling that the residents feel that they're being spoken down to. They feel that they're not being heard." — Jim Torgeson, council member-elect

"I would tend to agree with the council member that if it's a process issue that Council Member Hendricks has, we can always postpone this and look at it a different time. But what I heard at the study session was all seven of us agreed to the amended ordinance." — Council Member Scott Anderson

"Fairness could not be had if I'd be asked to make a judgment, a fair judgment, when the person who's being accused will not even be able to testify per council advice, which by the way is his constitutional right. But the fairness issue is much more important. Any one of us here in this audience would want a fair consideration. The rule of law demands it." — Council Member Scott Anderson, responding to ethics complaint criticism

"I did not pay any attention to any advice that was given to me. I agonized for days over a decision on the ethics complaint that was filed on Council Member September. To me, the paramount issue is fairness." — Council Member Scott Anderson

Timeline

Opposition

Morrison Ranch Industrial Park—Residents Against:

Number of speakers: 4 (Brian Mosley, Stephanie Evans, Lonnie Chison, Caroline Loader all mentioned or explicitly spoke against the project); additional speakers (Ryan Handelsman, Brandon Riff) referenced the proposal and the ethics concerns surrounding it.

Main concerns:

  1. Incompatibility with existing character: The project contradicts 20+ years of town and developer promises to build a cohesive mixed-use community (Morrison Ranch Business Park) with connecting trails, roads, retail, and employment opportunities serving the neighborhood.

  2. Zoning contradiction: Project would shift industrial use from 16–18 percent to over 90 percent in the character area, concentrating it in the last undeveloped quarter-mile of Morrison Ranch and directly adjacent to 460+ residential homes.

  3. Scale and proximity: Proposed 4 million-square-foot industrial park with 17 concrete warehouse buildings up to 55–65 feet tall positioned directly next to neighborhoods; residents noted that Banner Gateway Medical Center (61 feet) is comparable in height and stands alone—massing 17 such structures would be unprecedented for the area.

  4. Traffic, noise, and pollution: 1,000 truck loading docks would generate semi-truck traffic and noise 24/7 in immediate proximity to single-family homes, schools, and churches.

  5. Lack of community notice: Most residents learned of the proposal only after vigilant neighbors alerted them; only homes within 300 feet received formal notice, leaving the broader neighborhood uninformed until late in the process.

  6. Breach of community trust: Residents had purchased homes in Morrison Ranch specifically on the basis of the town's and developers' public representations (website, town general plan, developer websites) that the area would remain a cohesive, mixed-use community with retail, trails, and employment opportunities, not a massive industrial warehouse zone.

  7. Broader growth concerns: Speakers (Caroline Loader, Ann Hawkins, Lonnie Chison) articulated frustration with Gilbert's rapid urbanization, loss of rural character, and unsustainable growth despite water shortages and climate constraints.

Commuter Rail Ordinance—Residents Against:

Number of speakers: 2 (Ann Hawkins, Jim Torgeson—though Jim Torgeson primary concern was procedural).

Main concerns:

  1. Character loss: Gilbert is morphing from a town to a city; rail brings urban density, chain restaurants, big-box stores, and homogenization with other Phoenix suburbs (Chandler, Tempe, Queen Creek).

  2. Unsustainable growth: Arizona and the Phoenix region face water shortages and are cutting water supplies, yet cities continue building. Bringing commuter rail will only accelerate development and consumption.

  3. Financial burden: Rail infrastructure is expensive and poorly utilized; one speaker suggested providing annual Prius purchases to the 1 percent of residents who would use transit would be more cost-effective than rail.

  4. Safety and social issues: Rail brings risk of high-speed accidents with vehicles, potential derailments into neighborhoods, and historically correlates with increased homelessness and crime.

  5. Disrespect to residents: Jim Torgeson accused the council of presenting a revised ordinance that bears no resemblance to what was requested, insulting residents' intelligence and ability to read.

Ethics Complaint—Public Opposition to Council Decision:

Number of speakers: 2 (Ryan Handelsman, Brandon Riff).

Main concerns:

  1. Corruption allegations: Developers have heavily funded Council Members September and Yung Koprowski ($40,000+ to September). The council votes to approve zoning and density increases that benefit those donors, creating the appearance (or reality) of quid pro quo.

  2. Campaign sign theft: Multiple witnesses allegedly saw Council Member September steal opponent campaign signs on election day. An ethics complaint was filed; the police report documented this. Rather than independently investigating ethics code violations, the council deferred to the criminal process.

  3. Procedural obstruction: The town attorney recommended ethics review; Mayor Peterson, Scott Anderson, Yung Koprowski, and Tilke voted against it. The council claimed the criminal case must conclude first, but the Maricopa County Attorney's office has a six-month backlog—conveniently extending past the end of September's current term.

  4. Conflict of interest: A donor to Yung Koprowski shares the name of the applicant for the Morrison Ranch industrial park, raising suspicion of quid pro quo.

  5. Lack of transparency: The council refuses to discuss or investigate ethics allegations in public, instead deferring to law enforcement. This silence is interpreted as a cover-up and signals that the council prioritizes reputation over integrity and public accountability.

  6. Breach of ethics code: Council members are supposed to put citizens first, maintain highest standards of integrity, and be transparent; the decision to avoid ethics review violates the spirit of the code.

Most Compelling Arguments:

Organized Groups:

No formal organizations identified in transcript, but residents appeared to have coordinated informally (e.g., "vigilant neighbors," attendees of developer neighborhood meeting).

Support

Commuter Rail—Speakers in Favor:

Number of speakers: 2 (Jack Platak, Seth Tips).

Main arguments:

  1. Transportation alternatives: Jack Platak, an ASU student, emphasized the long transit times via current bus routes (2 hours 38 minutes vs. 34 minutes by car) and argued that light rail and commuter rail would make Gilbert more walkable and provide alternatives to car dependency, especially for residents without cars or facing high gas prices.

  2. Infrastructure sustainability: Seth Tips noted that suburbs historically do not generate sufficient property tax revenue to maintain infrastructure; adding lanes without improving public transit is fiscally unsustainable and will lead to debt. Some form of public transportation investment is necessary to support long-term quality of life in Gilbert.

  3. Affordability: Public transit reduces reliance on cars, lowering costs for residents struggling with car payments and gas prices.

Most Compelling Argument:

Platak's first-hand experience with current transit (2+ hours) and Jim Torgeson implicit acknowledgment that suburban car-dependent models require subsidy suggest there is a case for transit investment—though public comment did not explore rail's specific feasibility or ridership projections.

Organized Groups:

None identified.

Project Details

Morrison Ranch Industrial Park Proposal

Commuter Rail / Light Rail Ordinance

Vote Breakdown

Commuter Rail Ordinance (Item 12a) — Tabled

Long-Term Storage Credit Exchanges (Item 13) — Approved

Veterans Advisory Board Bylaws, Funding, and Policy (Items 14, 15, 17) — Approved

Consent Agenda (Items 1–10) — Approved

Liquor Licenses (Items 11–12) — Approved

Ethics Complaint Motion (Not formally voted; deferred in prior meeting)

Per the brief analysis: Mayor Peterson, Council Member Scott Anderson, Council Member Yung Koprowski, and Council Member Kathy Tilke voted against ethics investigation (approximately 4 members). The motion did not appear to be revisited at this September 6 meeting; the council reiterated prior decision to defer to criminal process.

Individual votes on commuter rail and other September 6 items: All council members present voted uniformly (7–0) on all substantive items. Vice Mayor Amy Yentes attended virtually; Council Member Scott September attended virtually.

Outcome & Next Steps

Morrison Ranch Industrial Park:

Commuter Rail Ordinance:

Ethics Complaint (Scott September):

Economic Development:

Other Announcements:

Controversies & Context

Ethics Complaint and Corruption Allegations

The meeting exposed simmering community distrust of developer influence on council decisions. Two public speakers (Ryan Handelsman and Brandon Riff) alleged that:

  1. Campaign donations: Council Members September and Yung Koprowski have received substantial developer donations ($40,000+ to September), creating the appearance of quid pro quo.
  2. Campaign sign theft: Council Member September allegedly stole opponent campaign signs on election day; the police report was documented and the town attorney recommended ethics review.
  3. Council cover-up: Rather than conduct an independent ethics investigation, Mayor Peterson and Scott Anderson, Yung Koprowski, and Tilke voted to defer the matter to the criminal process, citing "fairness" to the accused. Public speakers interpreted this as a cover-up designed to run out the clock until September's current term ends (Maricopa County Attorney backlog: ~6 months).
  4. Quid pro quo suspicion: A donor to Yung Koprowski shares the name of the applicant for the Morrison Ranch industrial park, raising suspicion that developer money influences zoning decisions.

Council response: Mayor Peterson and Scott Anderson emphasized that:

Context: This is not the first ethics complaint filed; the tension suggests a broader perception among residents that developer money influences council zoning and density decisions, and that the council is not independent or transparent.

Morrison Ranch Industrial Park and Growth Concerns

The proposal sparked fierce resident opposition, with speakers invoking two decades of town representations that the area would remain a mixed-use community with trails, retail, and employment. The shift from 16–18% industrial to over 90% is stark and concentrated in a quarter-mile adjacent to 460+ homes. Residents accused the council of breaking faith and prioritizing developer profit over community character.

Broader growth concerns (articulated by Caroline Loader, Ann Hawkins, Lonnie Chison) centered on:

Council response: No direct response to Morrison Ranch at this meeting; the proposal is not yet an agenda item. However, Mayor Peterson's announcement of Corning's 317,000-square-foot facility (250 jobs, 2024) suggests the council's support for industrial/manufacturing development as economic growth.

Commuter Rail Ordinance: Procedural Dispute and Process Concerns

Council Member Hendricks raised an unusual procedural objection: the ordinance published for hearing was substantively different from what three council members had requested. The original request specifically mentioned two prohibitions (local participation and local tax money); the published ordinance addressed only one. Hendricks argued this violated open meeting law and town bylaws requiring either (a) re-agendizing by all three members or (b) re-agendizing by the mayor.

Town Attorney response: Chris Payne conceded there were "potential procedural concerns" but did not rule definitively that open meeting law was violated. He recommended the three council members reach consensus.

Council response: Mayor Peterson and Scott Anderson agreed to table the item. Vice Mayor Yentes appeared confused by the omission of the original version. The decision to table was unanimous.

Context: This suggests process concerns are taking precedence over substance. Council Member-Jim Torgeson accused the council of deliberately presenting a watered-down ordinance to residents, insulting their intelligence. His critique implies a pattern of procedural disrespect that fuels resident anger and accusations of corruption.

Debate Over Council Decorum and Personal Relationships

Council Scott Anderson clarified (at the close of the meeting) that debates on dais are not personal. He noted friendships with Tilke, Peterson, Yentes, and described the council as composed mostly of friends who disagree on issues but do not harbor animosity. He shared a story about a trash truck fire to lighten the mood and praise solid waste personnel.

Context: This suggests the council is aware of perceptions of animosity and is attempting to counter the narrative that personal conflicts drive votes or decisions. However, the unified 7–0 votes on all substantive items, combined with the procedural dispute over the rail ordinance and the split decision on the ethics complaint (4 against, 3 presumed for review), suggest the council is not monolithic and that disagreements may run deeper than Scott Anderson comments suggest.

Duration

Other Notable Items

Corning Incorporated Optical Cable Manufacturing Facility (announced): Mayor Peterson announced that Corning, a leading materials science innovator, is establishing a 317,000-square-foot optical cable manufacturing facility at Park Lucero East (near Gilbert and Germain roads, south of the 202 freeway). The project is expected to create 250 jobs and open in 2024, supported by a long-term relationship with AT&T. This signals the council's support for industrial and manufacturing development as economic growth and jobs creation—a point that underscores the tension with residents opposing the Morrison Ranch industrial park on character and quality-of-life grounds.

Veterans Advisory Board Establishment: The council unanimously approved bylaws, funding policies, and fundraising authorization for the Veterans Advisory Board, formalizing the board's independence and ensuring that all fundraised money stays with veterans programs rather than rolling into the general fund or parks and recreation. The board's strategic pillars include events (Veterans Day, Memorial Day), the future USS Arizona nuclear submarine homeport (keel laying hoped for Pearl Harbor Day), and veteran wellness and family support. This was a relatively uncontroversial, celebratory agenda item reflecting the council's appreciation for volunteer service.