Council Study Session

MINUTES OF THE GILBERT TOWN COUNCIL, IN SPECIAL MEETING FOR A STUDY SESSION, TUESDAY, MAY 21, 2024, AT 5:00 PM, MUNICIPAL BUILDING I, COUNCIL CHAMBERS, 50 E. CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Brigette Peterson, Vice Mayor Scott Anderson, Councilmembers Bobbi Buchli, Kathy Tilque, and Jim Torgeson (attended virtually) COUNCIL ABSENT: Councilmembers Yung Koprowski and Chuck Bongiovanni STAFF PRESENT: Town Manager Patrick Banger, Town Attorney Chris Payne, Deputy Town Clerk Judy Martinez, Volunteer and Community Resource Manager Melanie Dykstra, Development Engineer Manager Tom Condit, Assistant Town Attorney Alena Jorquez, Planning Manager Eva Cutro, Intergovernmental Relations Director Rob Bohr, and Development Services Director Kyle Mieras CALL TO ORDER OF SPECIAL MEETING Mayor Peterson called the meeting to order at 5:01 p.m. ROLL CALL Deputy Town Clerk Martinez confirmed a quorum was present. AGENDA ITEM 1. Presentation and discussion of recommendations of the Community Engagement Task Force on focus areas related to Homelessness and Low-Income Challenges and Kind and Welcoming Gilbert. Volunteer and Community Resource Manager Dykstra said she was the staff liaison for Community Engagement Task Force and the group would be making their recommendations on the final two topic areas that were originally assigned. She said the recommendations were short, mid, and long term, and the group also identified resources and collaborators that would be needed. Sean Warren, Chair of the Community Engagement Task Force, discussed his experience as a parent, Gilbert resident, and pastor at Redemption Church. He presented on Low Income Challenges and Homelessness beginning with Resources, stating the Task Force recommended a referral system to help “close the loop” for those seeking assistance and to pilot a Town staff position to follow up on those who were provided assistant by public safety personnel. He discussed the need for more rent and utility assistance programs and the challenges of those facing heat-related issues. He spoke of action items under Education and Awareness by using real-life scenarios to demonstrate vulnerable populations in Gilbert. He discussed promotion, financial education, non-profit support, navigation, temporary safe spaces, and organizations like churches providing housing. He said under the banner of homelessness, the group was shocked to hear how many students in Gilbert where considered homeless. Mayor Peterson thanked Sean Warren for his contributions to the community. Volunteer and Community Resource Manager Dykstra asked if there were questions; there were none. Volunteer and Community Resource Manager Dykstra introduced the new topic of Gilbert Being Kind and Welcoming. She said the recommendations would again include Resources, Education, and Awareness. Suzanne Lunt, Vice Chair of the Community Engagement Task Force, discussed her experience as a kindergarten teacher and her interest in efforts to help Gilbert be kind, welcoming, and inclusive. She discussed the effects of screen time, the pandemic, and political polarization on society. She highlighted the Task Force’s recommendations in Resources including a Welcoming Program and a Gilbert 101 Citizen Education Program to inform residents on the innerworkings of the town. She discussed creating safe environments to share opinions and disagree better, as well as becoming more trauma- informed and doing more to connect neighborhoods. She discussed re-marketing the Gilbert Kindness Campaign, then discussed the Human Library Program that could highlight Gilbert residents and their stories. She spoke of exploring more free access to sports and adding an annual day of dialogue. Mayor Peterson thanked Suzanne Lunt for her work in the community and for the presentation. Volunteer and Community Resource Manager Dykstra discussed next steps, stating staff would return with a final report in the fall to highlight potential partnerships and implementation objectives. She discussed the work of the Task Force, provided some statistics on their meetings, and expressed appreciation to the members. Councilmember Tilque thanked the Task Force members and staff who assisted. Mayor Peterson also expressed appreciation to the members. Councilmember Torgeson discussed how society had to solve its own problems. 2. Presentation and discussion on Subdivision Text Amendment. Development Engineer Manager Condit discussed current regulations regarding the final plat approval process and changes to state law. He said the Town currently processed about 20-25 applications for final plats and discussed the process. He noted in May 2023 Senate Bill (SB) 1103 was passed which allowed administrative approvals for final plats without a public hearing; adding preliminary plats would follow the current process with no proposed changes. He said the proposal was to amend the final flat process, not the preliminary process. He said it would allow the Development Services Director or designee to administratively approve plats consisting of less than 300 lots and may continue right-of- way, public right-of-way, and easement dedications necessary for the subdivision, without waiting for Council action. He added it would significantly reduce the amount of time for final plat approval; he discussed how it would impact developers. He said appeals could be filed by applicants to the Town Council, adding the Planning Commission recommended the initiation of the text amendment on May 1, 2024 and provided details on the types of approvals. Councilmember Tilque asked about the 300 lots stipulation, verified that lots were different than units, and said she would like to see the language but was supportive. Councilmember Anderson asked about comparisons with other communities regarding the 300 lots. Assistant Town Attorney Jorquez said the 300 lot amount was recommended by the League of Arizona Cities and Towns. Councilmember Buchli asked if things could still be changed at the final plat stage. She said she needed more information in order to feel comfortable with plats getting approved without coming to the Council. Manager Condit said he had probably processed over 300 plats and only twice did he see a note that needed to be addressed; he added the final plat was primarily a survey document and that staff reviewed it thoroughly. Councilmember Buchli questioned why staff recommended it not coming to the Council, other than just to save time. Mayor Peterson stated it was to make the process more in line with changes to state law. Manager Condit clarified the recent change in state law was voluntary, but it was recommended by staff to expedite the process. Mayor Peterson discussed that it was a modification suggested to help with the process. Vice Mayor Anderson stated it may be voluntary, but if the Town did not do it, people would be questioning why. Councilmember Torgeson asked about possible unintended consequences. Manager Condit said he could not foresee any; it was only an administrative process. Manager Condit added staff would go to the Planning Commission with the actual proposed language, and it would come back to the Council for consideration during a public hearing in about one month. 3. Presentation and discussion on Accessory Dwelling Units. Planning Manager Cutro said staff was excited to present the item to the Council; however, the Governor had just signed House Bill (HB) 2720, so the item would now require amendments. She compared the current standards of the Land Development Code (LDC) to HB 2720 and said the demand for accessory dwelling units (ADU) kept increasing. She said HB 2720 allowed up to two ADU, one attached and one detached, and if you were over an acre, you were also allowed a third ADU if you made it an affordable unit. She said the third bullet point in the bill was unclear and she was not certain if it allowed a fourth ADU or was the standard for the three ADUs in points 1 and 2. She said HB 2720 stated ADU may or may not include kitchen facilities, but municipalities were prohibited from putting restrictions on long-term rental housing, which it stated was for 90 days or on a month-by- month basis. She discussed effects on the Town, then noted HB 2720 stated the single- family dwelling must be of greater square footage than the ADU. Mayor Peterson noted there was no minimum or maximum number or percentage stated in the bill. Planning Manager Cutro discussed how the bill allowed ADUs much closer to property lines than allowed in the LDC, then said a municipality must adopt development regulations by January 1, 2025; otherwise, ADU shall be allowed on all lots or parcels zoned for residential use in the municipality without limits. Vice Mayor Anderson clarified that these requirements were not voluntary. Councilmember Tilque discussed how changes in legislation impacted local government control. She asked how it impacted Homeowner Associations (HOAs) and Covenants, Conditions, and Restrictions (CC&Rs). Intergovernmental Relations Director Bohr stated CC&Rs would still apply. Vice Mayor Anderson confirmed that three ADUs was the maximum. Planning Manager Cutro stated some of the language in the bill was confusing, but they hoped three was the maximum; she said the third would need to be affordable and eligible for people who made up to 80% of the area median income. It was stated they believed up to three ADUs was the maximum, and the third bullet point just gave standards for the others. Councilmember Tilque discussed considerations of how the “affordable” requirement could be enforced. Planner Manager Cutro said the Town could not have a say on the design, could not require on-site parking, and would lose some of the large setbacks on larger lots. Councilmember Torgeson said CCRs and HOAs would remain intact, so it would affect those neighbors without those regulations; Planning Manager Cutro said that was what she had been informed, and those that did not have standards or limits for ADUs in their CC&Rs. Councilmember Torgeson asked about properties less than one acre. Planning Manager Cutro said the law applied to all single-family zones; it would allow ADUs on 6,000 square foot lots, but they were only allowed the third unit if the lot was over one acre. Mayor Peterson restated that any residential Single-Family 6 (SF6) properties (and up) would be allowed a second dwelling unit, and anything above an acre could have up to three ADUs. Planning Manager Cutro discussed the need to look at how far it would extend to other categories. Town Attorney Payne provided language from the bill regarding CC&Rs, stating the bill expressly allowed for HOA prohibitions to remain, or for CC&Rs to be amended. Director Bohr stated the effective date was 90 days after sine die, also repeating that the Town had to establish an ordinance by January 1, 2025. Councilmember Buchli asked for confirmation that HOAs could go in and change their CC&Rs now before the bill would take effect. She discussed how the bill would change the setback limits, then asked how the bill could be changed. Town Attorney Payne stated nothing prohibited having something revised or repealed in the next legislative session. Councilmember Torgeson expressed frustration with the bill and its effects. Councilmember Buchli said there were other ways to create affordable housing, then discussed large amounts of vacant land. 4. Presentation and discussion on Community Preservation Ordinance. Development Services Director Mieras discussed the current state of the Community Preservation Ordinance since being presented to the Council at the Fall Retreat. He summarized the ordinance and how it would enable Gilbert to address issues of blight beyond what was currently authorized. He said it was not meant to be a punitive ordinance, rather to be used as a tool. He provided images of actual examples of conditions that would need to be addressed by connecting residents to resources. He said the ordinance would have the three main parts of General Provisions, Maintenance Standards, and Administration of Enforcement and Abatement. He summarized direction gained at the Retreat from the Council and discussed how that was incorporated into the ordinance. He said one of the things that still needed to be addressed was how the Town would not become the HOA or enforcer. He discussed non-conforming uses and case-by-case basis needs, then noted it was for Gilbert only and did not apply to County standards. He said he emailed the Council a draft ordinance, and the item would come back before the Council on June 18, 2024. He discussed the emergency and minor home repair, roofing repair or replacement, and exterior painting programs. He noted resource cards that were available and outreach events that would take place between present time and the June 2024 Council meeting. Councilmember Tilque thanked staff involved with the ordinance, then noted the need to look at the HOA connection and the Town not being the first group called. She discussed the need to look at the standard exception language, stating she did not believe there was a need for that, but staff would be looking into it further. She said she appreciated the connection to resources that was included. She then said instead of initiating a pilot program, staff should collect data and provide feedback every three months for the first year to see if changes were needed. She said the ordinance would be more reactive than proactive. Mayor Peterson agreed on the need to receive data. It was noted that if the ordinance was approved in June, it would be effective in mid-July 2024. She noted it would be on a complaint basis, not the Town going around to look for offenses. She said it was a next step into keeping Gilbert a well-run community and to make sure blight was not occurring. Director Mieras stated Gilbert was one of the only communities without some sort of preservation ordinance. ADJOURN Mayor Peterson adjourned the meeting at 6:25 p.m. ATTEST: ___________________________ ___________________________________ Brigette Peterson, Mayor Judy Martinez, Deputy Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study Session of the Town Council of the Town of Gilbert held on the 21st day of May, 2024. I further certify that the meeting was duly called and held and that a quorum was present. Dated this __________ day of ______________, 2024. ___________________________________ Judy Martinez, Deputy Town Clerk