Council Regular/Special Meeting
Special MeetingGilbert, AZ · November 9, 2021
Minutes
MINUTES OF THE GILBERT TOWN COUNCIL, IN SPECIAL MEETING, FALL
COUNCIL RETREAT - DAY 2 OF TUESDAY, NOVEMBER 9, 2021 AT 9:00 AM,
SOUTHEAST REGIONAL LIBRARY, 775 N. GREENFIELD ROAD, GILBERT,
ARIZONA
COUNCIL PRESENT: Mayor Brigette Peterson, Vice Mayor Yung Koprowski,
Councilmembers Scott Anderson, Laurin Hendrix, Scott
September, Kathy Tilque, and Aimee Yentes
COUNCIL ABSENT: None
STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Chaveli Herrera,
Town Attorney Christopher Payne, Tourism Administrator Glenn
Schlottman, Parks and Recreation Director Robert Carmona,
Redevelopment Program Manager Amanda Elliott, Assistant
Town Manager Mary Goodman, Development Services Director
Kyle Mieras, Code Inspector Supervisor Lorrie DeOrio, Police
Chief Michael Soelberg, Business Compliance Analyst Jordan
Fasano, Assistant Town Manager Leah Hubbard-Rhineheimer,
and Transportation Manager Chris Bridges
AGENDA ITEM
CALL TO ORDER
Mayor Peterson called the meeting to order at 9:01 a.m.
Mayor Peterson and Town Manager Banger welcomed the group and thanked everyone for
their time and commitment.
ADMINISTRATIVE ITEMS
1. Signature and Destination Event.
Tourism Administrator Schlottman discussed the agenda for the day. He covered some of the
Fiscal Year 2020 Wildly Important Goals (WIGs) focused on prosperous community and strong
economy through signature events. To highlight the importance of destination events, he outlined
Gilbert’s Core Audiences: visiting friends and family, youth and amateur sports and business
travelers, day visitors and Arizona events visitors, noting how they helped support the local
economy. He shared hotel market distribution trends for Gilbert and the surrounding cities, then
specifically Gilbert data between the years 2012 to 2021. He reported on the Gilbert Visitor
Study conducted from September 2018 to August 2019, with an annual 4 million visitors,
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839,000 of those being overnight visitors; and visitor spending trends for 2018, 2019, and 2020.
He highlighted a 2.5% increase from 2018 to 2019 and a 36.5% decrease in visitor spending
from 2019 to 2020. He shared visitor satisfaction rates that 88% of visitors planned to return to
Gilbert within 12 months, 93% would recommend Gilbert to others, and a 98% overall
satisfaction rate. He described the Destination Event Plan in detail and noted it was a Town-
supported event that showcased the community, attracted participants from outside the area, and
emphasized overnight stays. He explained that destination events were created as smaller local
affairs and fostered growth, or they attracted existing events that moved from their original
locations. He provided criteria used to measure the success of the destination events which
included public safety, attendee satisfaction, performance, economic impact, and more.
Parks and Recreation Director Carmona talked about the partnership with Parks and Recreation
and Economic Development. He identified sports tourism, events, and the Riparian Reserve as
the key avenues Gilbert Parks and Recreation utilized to approach Town tourism. He shared
figures for weekend usage of Cactus Yards according to a 2019 Arizona State University (ASU)
study, including 127,200 daily visits from tournament participants, 98,200 daily visits from non-
tournament participants, 1,839 hotel night stays, $2,900,000 in direct tournament spending which
resulted in $4,400,000 and increased interest in park bookings which averaged 1-2 bookings per
52 booking periods to an average of three booking requests for each period for 2022. He
highlighted continued interest of the park by organizations beyond the regional level, a future
hotel planned for the area, and gave visitor estimation numbers for a well-known planned
tournament in June 2022. He reported increased external tournaments between Fiscal Years 2019
- 2021, which started at 7 external tournaments to 17 and totaled 85 by Fiscal Year 2021. He
provided additional event figures for the Town for the Fiscal Years 2019 – 2022 that ranged from
19 events in Fiscal Year 2019 to 45 events in Fiscal Year 2022, and boasted a 90% good or
excellent rating by participants.
Director Carmona talked about the eye-opening interest of the 4th of July event attended by over
20,000 local and non-local participants and ways to improve the event. He compared the Gilbert
Days events to the scope of the 4th of July event illustrated that they planned to increase the size
of the event and budget to scale with attendee participation. He listed additional past and
scheduled events with new vendors and mentioned attendee numbers averaged between 5,000 –
10,000 for most events. He identified community concerns and learned lessons regarding traffic,
noise and closures in the area and explained the importance of working with the community to
problem-solve and maintain the positive neighborhood relationships.
Director Carmona detailed the Riparian Preserve usage and highlighted 50% of park visitors
were non-residents, 20% of Gilbert visitors visited the park, and noted a recent ranking of the
park and planned park enhancements. He summarized new park development regarding Gilbert
Regional Park and Desert Sky Park and their anticipated economic and employment impacts on
the Town. He talked about the addition of The Strand to Gilbert Regional Park, seeking proposal
of lodging on-site and potential future development. He showed a map of the park and detailed
the open space and opportunities for development.
Mayor Peterson asked to see which section of the park received noise complaints from the
surrounding neighbors. Director Carmona highlighted the northwest section of the park and
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explained they have worked with the neighborhood to resolve the matter and reduce the number
of events scheduled in that section of the park.
Director Carmona closed with statements about Desert Sky and the opportunities for that
location and parking availability. He talked about the next steps and said they intended to
provide a presentation overview of past and anticipated events and wanted to solicit feedback on
what types of events Council would be interested in having and what a destination event would
look like. He talked about balancing all aspects.
Councilmember Tilque talked about an incident in Houston and the importance of safety and
parking. She elaborated and emphasized being ready to move into the future and ensuring they
were ready to take on a big event. She said a community should have a single signature event
rather than multiple. She expressed concern in events growing and moving out. She said she was
torn because she thought it would be important to have a signature event but expressed concerns
with impacts to the citizens and community in where it would fit. Director Carmona talked about
the importance of starting small and seeing where events visitors.
Councilmember Tilque discussed looking at transportation opportunities such as a Park and
Ride.
Vice Mayor Koprowski advised looking at examples with Scottsdale Sports Park and multiple
uses of space and discussed considerations in future planning, such as multiple entrances and
exits. She added she enjoyed seeing that people wanted to come to Gilbert and said it speaks to
the Town, but she was not sure of having to generate a new event rather than continue to host
events. She talked about Arizona Department of Transportation (ADOT) considering a path
through Gilbert for a bicycle route, and remarked about issues with the Pedestrian Bridge, adding
now that they had one there could be a potential bicycle event.
Director Carmona spoke in support of the opportunities and talked about multiple use of turf and
vehicles, looking at those opportunities, and using those in the future. Councilmember Anderson
asked if there had been contact with the National Little League. Director Carmona commented
about many sports leagues coming to Gilbert and noted the success of the market. He talked
about the importance of the Request for Proposal (RFP) and taking a longer look at the groups,
where they were coming from, and the demand.
Councilmember Anderson asked if the State Fair was looking to relocate. Tourism
Administrator Schlottman said they temporarily relocated to Gila River but the plan was to go
back to the Fair Grounds, and he did not feel they would be leaving the area. Mayor Peterson
shared her interest in the discussion if there was potential to bring the State Fair to Gilbert.
Tourism Administrator Schlottman talked about conducting an economic impact study for the
Town to review Gilbert-specific data. Mayor Peterson said she enjoyed the idea of a community-
based signature event such as Gilbert Days, and asked if any other 4th of July events beyond a
fireworks display had been explored. Director Carmona responded there were opportunities to
look at more options.
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Mayor Peterson discussed Gilbert being patriotic and suggested to look at other options for the
4th of July event and questioned how new events could be implemented and how to suggest them
to staff.
Director Carmona discussed continued interest in additional event opportunities and about sand
volleyball as a specific example. He talked about working with Economic Development for
interests, adding they would reach out to the appropriate departments to work together in a
partnership. He emphasized the benefits of a combined effort. Mayor Peterson pointed out the
importance of parks being available to residents and stressed looking at the balance of what was
right for the community. She asked that staff continued to bring back new ideas.
Councilmember Tilque asked if they were tracking from the medical side. Tourism
Administrator Schlottman said they were tracking that through visitation but said the complete
details would not be captured. He discussed visitation through healthcare and shared statistics.
Councilmember Tilque discussed obstacles in event attendees staying in Gilbert. Tourism
Administrator Schlottman discussed spending in the community for overnight visitors in
comparison to day visitors and reported Gilbert outperformed the market. He elaborated on
amenities of other resort-style overnight lodging in other areas and the importance of pulling
those into Gilbert.
Mayor Peterson asked how long the fireworks display lasted. Director Carmona stated it was
estimated 18 minutes. Director Carmona said the event usually was the same amount of time but
talked about multiple fireworks being launched around the same time. He talked about ground
effects that others may not have seen and discussed the importance of balance.
Vice Mayor Koprowski asked if residents got any preference in purchasing events. Director
Carmona said they have not utilized that but said it could be considered going forward. Vice
Mayor Koprowski said a little benefit might show some appreciation to Gilbert residents in their
willingness to support events.
Councilmember Anderson asked if staff was following any of the theme park work in Eloy.
Tourism Administrator Schlottman said he was not following any information recently.
Councilmember Anderson said some of the difficulty in finding investors was due to climate and
asked if Arizona was more viable for theme parks and those events. Tourism Administrator
Schlottman talked about the expansion of family-type theme parks and about looking at other
options as other seasons in Arizona were more viable for visitors.
Director Carmona thanked everyone and said they would continue to look at options.
2. Revitalization and Reinvestment.
Redevelopment Program Manager Elliott discussed revitalization and reinvestment, noting the
information was already shared with Councilmembers individually. She highlighted the areas of
redevelopment area recap, boundaries overview, boundary options, and public outreach. She
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said the Council’s input was needed on how to get the information to the public and get
feedback.
Manager Elliott discussed committing to a vision and gathering the input from nine different
Mayors and various Councilmembers. She discussed value per acre and buffer areas. She
discussed a steering committee, designated timeline, and summarized Frequently Asked
Questions (FAQs). She spoke of findings of necessity and the nine factors for redevelopment.
She said at least one of the nine factors must be present per State statute. She talked about the
cohesion of public infrastructure, Commercial and Residential. She discussed the importance of
property rights and said there was no property designation in the redevelopment area. She
outlined the next steps toward an adoption timeline of June 2022.
Manager Elliott talked about residential areas and ways to make Gilbert special. She discussed
assessor parcels and provided a map, noting non-homeowner association (HOA) areas and
neighborhood neglect, providing pictures of areas within the community. She talked about the
utilization of redevelopment and reinvestment in neighborhoods and the importance of a
committed vision. She shared an FAQ about not living in the area and caring about
redevelopment. She talked about the goal of creating an exceptional area for the residents and
retaining vibrancy. She discussed gateways and options with streetscape and placemaking. She
provided examples from other cities.
Manager Elliott discussed the question of would a larger boundary require a modification to the
General Plan. She stated no, because the area was identified as a growth area in General Plan.
She discussed stemming the deterioration of the area and overlaying it on top of the growth area.
She said a redevelopment will sunset after 10 years and discussed reaching out to the community
if more goals were needed to be achieved. She provided a graph on outlining the pros and cons
of the process and the importance of public input. She discussed advantages and disadvantages
of a redevelopment area and working cohesively in carefully conducting timeline in order to
achieve the goals within the timeline.
Manager Elliott discussed the importance of public outreach to understand the boundary options
and gain input. She talked about boundary determining the process and outlined the three steps:
public introduction and boundary feedback, the steering committee recommendation, and the
Council boundary decision.
Councilmember Anderson asked if it was required to wait until 2028 to change the boundaries.
Manager Elliott said the Town did not have to wait but we would have to go through more
processes; there was discussion on areas of distress.
Councilmember Tilque asked about a map on the General Plan and what was looked at.
Manager Elliott showed a map with the overlay and discussed what was developed as a growth
area and the recommendation on the redevelopment area. She said the heritage district would not
be part of the boundary.
Councilmember Anderson talked about expanding north and south to cover some of the
commercial properties.
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Councilmember Tilque discussed focusing on the northwest corridor in regard to redevelopment
and growth, adding redevelopment was the natural cycle and the Town was 10 years behind
where it should be in having this conversation. She said it was hard to define where to stop and
talked about stress points in other areas. She talked about having good community conversation
in reinvesting in the community, adding she would like to have a conversation with the
community to gain feedback and discussed having some tools for reinvestment.
Manager Elliott reiterated the importance in reinvestment. She discussed the five years of public
outreach, noting the public overwhelmingly said no and said residents felt we should be
developing and focusing on growth before we moved a larger boundary. She was hopeful
through public interaction and engagement that the Town could learn what the hope was from
the community.
Councilmember Yentes shared some reservations and talked about the statutes that define this
designation, noting changes come with a host of powers and concerns in raising alarms in the
community. She expressed concern in the size of the redevelopment. She recommended a
presentation by Legal to better understand what they were stepping into. She talked about tools
and making things more flexible for developers and said she would request another meeting at a
study session or similar in having a conversation with Council. She said there was a lot to this
the Council had not been educated on or taken a deep dive in.
Mayor Peterson spoke in agreement in having additional information on some of the details
regarding legal aspects and potential impacts to property taxes. She expressed concern in the size
of the redevelopment area. She talked about the overlay of the General Plan, adding it was a
guideline and said she was concerned with the overlay being over the Heritage District. She said
there were still a lot of questions to be had.
Councilmember Tilque spoke in support of taking a look at some of the legal considerations. She
said the Town needed to be careful in cherry picking in certain areas and expressed possible
concerns from areas there were aging.
Mayor Peterson agreed and said there were still some questions needing answers and asked if
this area could be named something special. She said she envisioned smaller area and cleaning
the boundaries. Vice Mayor Koprowski said community impact would be important;
Councilmember Anderson spoke in agreement. There was discussion on when the Council first
started having this conversation, and Mayor Peterson talked about it being an area of focus for
the Council for a while.
Manager Elliott summarized the desire of the Council having a legal conversation on public
outreach and talked about building a landing page. Town Manager Banger asked if the
preference was to do public outreach first or a study session first. Mayor Peterson discussed
hearing from the community and addressing some of those concerns along with the legal ones.
Vice Mayor Koprowski discussed including other options to move boundaries. Councilmember
Yentes supported having a study session as soon as possible to understand the legal aspects
before gaining feedback.
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Councilmember Hendrix asked about Government Property Lease Excise Tax (GPLET). He
asked about the challenges related to property and excise tax, discussed effects on school district
funding, and asked that the Town finds out what the affect is with considerations in regard to
GPLET. Manager Elliott said she would look into that.
Councilmember Yentes recommended that discussion be part of the presentation. She outlined
more information on the classifications that could be problematic and said it should be part of
that conversation. Manager Elliott discussed other areas using GPLET and other districts being
utilized. Assistant Town Manager Goodman discussed bringing back other classifications,
adding the Town had never implemented GPLET and other communities had entertained those
options but Gilbert had not and it was not part of this proposal but could bring forth more
information. Town Attorney Payne spoke of the redevelopment statutes and Gilbert Code, adding
the statute had been modified over the years.
Councilmember Tilque asked Councilmember Yentes to send her list of concerns so legal could
prepare information. She asked about the possibility of GPLET and be prepared to further
establish intent while being clear and transparent to the public. Town Manager Banger
summarized, stating there will be public outreach with that information being brought back to
the Council for a study session and legal would bring back a presentation on some of the legal
aspects. Mayor Peterson spoke in support of the direction and talked about the opportunity.
Development Services Director Mieras discussed some of the tools for property maintenance and
preservation. He highlighted the paint reuse program, community development block grants
(CDBG), Emergency and Minor Home Repair Program, Community Cleanup resources and
assistance, and the Tool Lending Program. He talked about a Property Maintenance Code/
Preservation Ordinance and about the purpose, mentioning some of the municipalities who had
adopted an ordinance and some of the options for a pilot ordinance.
Councilmember September left the meeting.
Vice Mayor Koprowski asked if pilot ordinances could be used for areas with a Parkway
Improvement Districts (PKIDs). Director Mieras said he believed they could not, since they
were Town-owned.
Mayor Peterson liked the idea of a Property Maintenance Code and said she wanted to be
generous with it. She asked if some examples could come back to the Council from the cities to
show what their codes looked like and what had worked and what had not. Director Mieras said
they had begun the work of putting one together and said it was a measure of scaling it back to
make it specific to Gilbert. Vice Mayor Koprowski said she supports the Tool Lending Program
and talked about tools to help residents tackle their projects. Councilmember Tilque expressed
concern on the enforcement with any new code and advocated for providing assistance and
educating the community.
Town Manager Banger summarized that the staff should take a softer approach and the topic
bring back for study session. Assistant Town Manager Goodman asked if it would be a follow up
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to the northwest growth in concert with one another; the Council believed they needed to be
discussed together.
3. Gilbert Land Use.
Director Mieras gave a presentation on Gilbert Land Use and provided data on the percentage of
Town by Zoning Use for Non-Residential and went into more detail on the industrial, office, and
public. Councilmember Tilque asked about some of the vacant areas. Director Mieras provided
information on the non-residential totals and outlined both vacant and non-vacant totals. He
clarified an error in the calculation and said Town the Non-Residential total should be closer to
30%. He discussed the percentage of Town by Zoning Use for Residential- Single and Multi-
Family and the percentage of Town by Land Use for Residential. He provided data on
Residential totals for non-vacant and vacant as well as Residential and Non-Residential totals
and did a Land Use comparison with other East-Valley communities which was gathered from
Maricopa Association of Governments (MAG). Mayor Peterson asked if the information could
be sent to the Council with a link to MAG. Director Mieras talked about the use of data and
MAG’s training on their data.
He provided information on the Power Ranch Planned Area Development (PAD) and the total
gross density of 3.7 DU/acre, and Seville PAD with a total gross density of 2.35 DU/acre and
stated that he anticipated seeing larger acreage coming forward. He provided examples in the
latest single homes and density and talked about what was new in Gilbert.
Councilmember Anderson asked how best to deliver the message about what was happening in
Gilbert. Mayor Peterson discussed Gilbert being a bedroom community and talked about
residents not liking Multi-Family development and Gilbert having low Multi-Family. She talked
about the requests from developers on what they want to build, their right to make such request,
the Council’s responsibility to approve reasonable requests, and the trouble in finding the
balance.
Councilmember Tilque spoke in agreement that property owners had the right to ask for zoning
modifications and talked about other options other than Multi-Family, adding sometimes those
opportunities got lost. She talked about the right to ask for a deviation and talked about the
process. She said she would like to better understand the transition from a growing community
who had lots of land available to having less land and dealing with infill projects, noting she
would like to understand what that looked like. She talked about the importance in understanding
the process and guidelines and being able to provide the information to the developers up front.
There was discussion on infill projects and trying to prepare.
Director Mieras discussed the difficulty in knowing what properties would be released and
available in the future and discussed annexations and infill projects. Mayor Peterson clarified
that she considered an infill project may differ from that others think and there was discussion on
defining the term. Councilmember Tilque discussed the importance in better understanding the
different projects and having consistent dialogue on each project. There was discussion on
concerns of neighbors living in areas surrounding these projects. Councilmember Tilque
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discussed understanding inventory and options, and Director Mieras talked about trends and the
use of smaller lots.
Mayor Peterson talked about the future in subdividing properties later and any implications in
that. She talked about resident’s preference in single family development and the changes in
what developers want to now build and new residents want to live. There was discussion on a
previous project in Vaughn Avenue of Townhomes. Director Mieras shared an experience as
well regarding condominiums. Mayor Peterson said many developers would come to her to get
an idea of what worked in Gilbert and what did not and said that they still had a right to move
forward with their project request despite what may be recommended. Director Mieras said the
Town accepts every application whether it supported the project or not and talked about the
processes in place for review and having an unbiased process. Councilmember Anderson talked
about some of the zoning categories and the historical changes and its impact to the totals shown
in the data. There was additional discussion on the costs of homes and the construction.
Mayor Peterson discussed the importance in looking at each property differently, seeing the
changes, and understanding what was needed. She recommended a future Study Session to
understand the pre-application process so that everyone could have a handle on what that looked
like in Gilbert. Town Manager Banger discussed approaching build-out and having discussion on
infill to understand haps and need.
4. Arizona/Federal Regulations – Small Cell Wireless, Group Home Overview, Short Term
Rentals
Director Mieras described 5G technology and outlined what Small Cell was and provided
pictures for examples. He provided examples in putting up Small Cells on existing poles. He
detailed Arizona House Bill (HB) 2365 and FCC-18-133 Order and the impacts to the Town. He
stated that staff was proactive in the collaboration and development of Town Ordinances. He
provided information on Ordinance No. 2631, which was passed by Council in November 2017,
in response to HB2365 as well as the corresponding Resolution No. 3934 that allowed for the
establishment of fees. He discussed the Town’s process and outlined the steps and provided
statistics on Small Cell and provided insight on the process of some applications.
Councilmember Tilque discussed the importance of the conversation on Small Cell and outlined
her understanding of the device. She asked if the Town was the only community dealing with the
issue. Director Mieras stated that it was an issue happening valley-wide and elaborated on the
timing of some of the devices in other communities. Councilmember Tilque talked about
demand, residents being upset, and the limited oversight and ability at the local level. Director
Mieras discussed relationships with providers and reaching out on processes and the ability for
the Town to shut down a project due to safety or incident concerns. Transportation Manager
Bridges elaborated on the Ordinance and talked about the work of the internal focus group.
Councilmember Tilque discussed neighborhood meetings, outreach, and education to the
community.
Councilmember Anderson discussed some information that was recently shared at a conference
and thought it would be helpful for the Town to use similar information as a handout to residents
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if concerns were to arise. Mayor Peterson clarified the speaker Councilmember Anderson was
referring to and stated that she walked out feeling safer after receiving the information. Vice
Mayor Koprowski asked if the Ordinance ensured the Town had the ability to give guidance on
the design on the pole or streetlight pole department on the part of Town. Director Mieras
confirmed and elaborated.
Mayor Peterson asked if the Town did not pass the Ordinance, would companies still be able to
construct. Director Mieras confirmed and discussed building in our aesthetics. Mayor Peterson
asked how long installation took to construction, and Director Mieras stated he was unsure but
explained some of the timelines for the entire process.
Group Home Overview –
Town Attorney Payne provided general information on Group Homes and talked about the
Town’s limitations in oversight. He provided background on Group Homes types and stated they
were licensed by Arizona Department of Health Services (AZDHS), Department of Economic
Security (DES), or Department of Child Safety (DCS) and discussed the Federal laws that
preempted what cities and towns could do. He talked about the Federal Housing Act and the
Americans with Disabilities Act and provided some of the definitions of the statutes and
specified what was defined as a disabled person. He shared that cities and towns were prohibited
from making zoning/Land Sse decisions or policies that exclude or otherwise discriminate. He
detailed the State Law with the Arizona Fair Housing Act and provided an overview of Gilbert’s
Role and talked about some of the details described in the Town’s Land Development Code
(LDC).
Vice Mayor Koprowski asked for clarification in the 1,200’ separation as described in the LDC,
and Town Attorney Payne clarified that it was regarding separation from another group home.
There was further discussion on the statement in Gilbert’s Land Development Code regarding
“Prohibition on those who would pose a danger to the community”. Councilmember Anderson
talked about the Town’s limited ability to enforce that section of the LDC, and Town Attorney
Payne discussed that it would be impossible to know who was in the group home to assert
whether a danger existed or not. Chief Soelberg stated that the Police Department was waiting to
hear back on ways to better monitor and report.
Supervisor DeOrio provided clarification on the language in the LDC and stated that its intent
was to serve as guidance to the operators.
Councilmember Tilque asked about additional requirements in the LDC for Group Homes, and
Director Mieras confirmed that they would not be able to do so because they could not single out
Group Homes specifically.
Councilmember Tilque asked that staff continue to look into it a little more and talked about
reporting and license requirements. She talked about the number of incidents and looking into
those options and reporting incidents to Arizona Department of Health Services (AZDHS).
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Mayor Peterson discussed reporting the number of calls and locations and Gilbert Fire and
Police being another set of eyes for AZDHS and could report as appropriate. She discussed the
difficulty in licensing, the lengthy process in appealing, and looking into the next steps.
Councilmember Tilque discussed the complaints and asked about a mechanism in reporting
certain concerns, like Group Homes residents being left unsupervised. She talked about the
importance in getting people to the right people to file complaints. There was general discussion
on issues in bad operators and revoking licenses and how AZDHS handled their processes.
Mayor Peterson talked about concerns, both with the residents being cared for within the homes
and residents around the Group Homes. Town Attorney Payne stated that the majority of Group
Homes had no issues and talked about the minority in issues with some operators.
Chief Soelberg talked about calls for service for mandatory reporting and how that would spike
up call numbers. There was discussion on repeat calls and offenses and a balance, and he talked
about waiting for feedback from AZDHS on how to handle it. Councilmember Tilque asked
about occupancy requirements and enforcement, and Town Attorney Payne talked about the
ability to allow for more per AZDHS. There was discussion on how a violation would be
reported on a Town permit, and Chief Soelberg confirmed that the Town did not regulate
AZDHS issues. Assistant Town Manager Hubbard-Rhineheimer addressed concerns in
consistency and potential liability and responsibility in reporting to AZDHS and discussed the
importance in learning from AZDHS on what their requirements might be. There was discussion
on removing items from the LDC if they could not be enforced and using some of the
information from AZDHS licenses to trigger enforcement. Director Mieras provided information
on the standards and said, in addition to all other requirements, there were still Building Code
requirements.
Mayor Peterson asked about renewals of Group Home licenses, and Chief Soelberg confirmed
that he thought they were annual but was not sure.
Short Term Rental Project Update-
Analyst Fasano with the Tax Compliance Department provided an overview on short term
rentals (STRs). He provided a definition on what was considered a short term rental and
information on Homeowners Associations (HOA’s) and some of the provisions they had. He
provided clarification on why some HOA’s implemented something and others did not and stated
that in 2016 Gilbert Council adopted language for short term rentals but not a process. He talked
about HB2672 and stated it gave cities certain abilities and options. He provided information on
civil penalty structure and talked about the rolling 12-month calendar period. He provided
information on the internal staff group and discussed the work they did. He discussed the impacts
to Gilbert and provided information on incidents and complaints. He said they were projecting
800 units in 2023, expressed concern in the data not being interactive, and talked about
partnering with Granicus to have an interactive map with information on owners. He detailed
incidents and complaints from July 1, 2019 to June 30, 2021. He provided four options to tackle
short term rentals and said each option being presented required an outreach and education
campaign, short term rental internet page, and appropriate complaint resources. He discussed
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Option 1: no registration, Option 2: Mandatory registration and no civil penalties at local level,
Option 3: Voluntary registration, and Option 4: Mandatory registration with civil penalties at the
local level. He talked about tax implications regarding reporting, taxability and tax data.
Vice Mayor Koprowski discussed making reports on short term rentals and discussed incidents.
Mayor Peterson discussed the process in Scottsdale and having someone designated to
overseeing the registration. Vice Mayor Koprowski asked about the difference between
registering and having a vendor provide the same information on how many short term rentals
existed. Analyst Fasano talked about staff time and the benefit of an outside vendor having the
information in a single place for all departments to utilize. Vice Mayor Koprowski asked about
the expense in the program, and Analyst Fasano talked about different options and prices
available ranging from 10,000 to 40,000 a year. Councilmember Tilque discussed concerns of
residents and asked how best to address concerns and make issues better for the residents and
their neighborhoods.
Vice Mayor Koprowski voiced concern on whether or not STR was an issue that could be
remedied. There was discussion on enforcement, reporting, and citing. Councilmember Anderson
stated that he favored Option 4 and moving towards being more restrictive as neighboring
communities moved towards the same direction. There was further discussion on civil penalties
and notifying the State. Councilmember Tilque expressed concern in changing the behavior of
some of the STR owners and talked about violations of the law. There was additional discussion
on process and criminal and civil penalties. Assistant to the Town Manager Bay detailed some of
the previous incidents and stated they were seen in County courts rather than local.
Vice Mayor Koprowski asked how much effort there was at the local level to collect fines and
talked about educational opportunities to inform residents what Gilberts expectations were as a
first step. Mayor Peterson talked about a downloadable document that detailed Gilbert
ordinances and resolutions for an education component and discussed the concern in trying to
solve a problem with something that won’t entirely solve it. She discussed money up front and
the work that needed to be done whether it was staff or an outside vendor and addressed concern
in that it would be an ongoing issue. Vice Mayor Koprowski asked if the registration component
should be part of the general business registration and asked about the current database being
used. Analyst Fasano provided clarification on the picture provided by Granicus and emphasized
the need for data and point in time registration. Mayor Peterson stated that she needed more time
to think it through and digest the information. Vice Mayor Koprowski asked about complaints
being tracked by Gi311. Mayo Peterson asked staff to look into more information and then come
back to Town Manager Banger if more questions are asked.
ADJOURN
Mayor Peterson thanked everyone.
Town Manager Banger thanked everyone for their time and summarized the staff direction from
Council from the two-day retreat.
Mayor Peterson adjourned meeting at 2:54 p.m.
12
ATTEST:
___________________________ ___________________________________
Brigette Peterson, Mayor Chaveli Herrera, MMC, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
special meeting of the Town Council of the Town of Gilbert held on the 9th day of November,
2021. I further certify that the meeting was duly called and held and that a quorum was present.
Dated this ____ day of ____________________.
___________________________________
Chaveli Herrera, MMC, Town Clerk
13
Agenda
Council Meeting Agenda
November 9, 2021
Members may attend in person or by telephone.
Brigette Peterson, Mayor ● Yung Koprowski, Vice Mayor
Scott Anderson ● Laurin Hendrix ● Scott September ● Kathy Tilque ● Aimee Yentes
Fall Council Retreat-Day 2
9:00 AM
Southeast Regional Library, 775 North Greenfield Road
6860 S. Power Road
Gilbert, Arizona
AGENDA ITEMS MAY BE DISCUSSED IN A DIFFERENT SEQUENCE.
ITEMS WILL NOT BE DISCUSSED PRIOR TO POSTED MEETING TIME.
Meeting Link:
Town of Gilbert, Fall Council Retreat 2021 11/9
CALL TO ORDER
AGENDA ITEMS
There will be presentations, discussions and possible direction on the following items:
1. Signature and Destination Event.
2. Revitalization and Reinvestment.
3. Gilbert Land Use.
4. Arizona/Federal Regulations – Small Cell Wireless, Group Home Overview,
Short Term Rentals.
ADJOURN
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