Council Study Session

MINUTES OF THE GILBERT TOWN COUNCIL, IN SPECIAL MEETING FOR A STUDY SESSION, OF TUESDAY, AUGUST 20, 2024, AT 5:45 PM, MUNICIPAL BUILDING I, COUNCIL CHAMBERS, 50 E. CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Brigette Peterson, Vice Mayor Scott Anderson, Councilmembers Chuck Bongiovanni, Bobbi Buchli, Yung Koprowski, Kathy Tilque, and Jim Torgeson COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Attorney Chris Payne, Town Clerk Chaveli Herrera, Planning Manager Eva Cutro, Development Services Director Kyle Mieras CALL TO ORDER OF SPECIAL MEETING Mayor Peterson called the meeting to order at 5:45 p.m. ROLL CALL Town Clerk Herrera confirmed a quorum was present. AGENDA ITEM 1. Presentation and Discussion on Z24-02 - Land Development Code text amendment related to Parking and Loading and Inoperable Vehicles, removing section from the Land Development Code and adding through a text amendment to the Community Preservation Code, Chapter 42, Article 8 of the Gilbert Municipal Code pertaining to Litter and Inoperable Vehicles. Planning Manager Cutro stated that there had been a prior update to the Land Development Code, but after two months an issue had arisen needing clarification and edits, and that issue had to deal with inoperable or abandoned vehicles. She stated that the current language was spread between Land Development Code (LDC) Restricting Use and Community Preservation Ordinance, and that her proposal was to centralize all the restrictions in the Community Preservation Ordinance, Chapter 42, Article 8, and to make sure that the restrictions align. Planning Manager Cutro said that they would need to edit the Land Development Code, first in Subsection 5.3.3 General Provisions, then in subsection 5.3.5 Parking on Single Family Residential Lots. Both changes would be moving the language previously in the Land Development Code to Chapter 42, Article 8 of the Gilbert Municipal Code. She said that the current provisions were not in alignment, but that if adopted as recommended that the updated Community Preservation Ordinance would allow for one inoperable vehicle, as long as it was not in the front yard, and as long as it was properly screened by an opaque wall. Councilmember Bongiovanni asked where trailers, meaning a horse or car trailer, fell into this potential change. Planning Manager Cutro replied that trailers were in a different section of the Community Preservation Ordinance, and that it depended on how they were registered. She said that whether they were a commercial vehicle, or a recreational vehicle, they were not considered inoperable per this section and thus unaffected. Councilmember Koprowski asked how the ordinance might allow for maintenance of a vehicle. Planning Manager Cutro replied that the ordinance allowed for one inoperable vehicle in either a rear or side yard, completely screened, and it could be worked on there. She also stated there were still noise ordinances to abide by as well. She further indicated that an inoperable vehicle located within a garage or other fully enclosed structure was not subject to the Community Preservation Ordinance, and thus was an additional place someone could do maintenance. Councilmember Koprowski asked if this ordinance was attempting to restrict all inoperable vehicles from the front yard, regardless of the amount of time. Planning Manager Cutro stated that there was a provision that an affirmative defense to a violation was that the vehicle was registered to a resident of the property, it was undergoing repair, and that the total time period the vehicle was inoperable did not exceed 15 days. She also said that this defense was only allowed three times in any one calendar year. Councilmember Buchli asked if Homeowner’s Association (HOA) regulations superseded this regulation. Town Attorney Payne stated that yes, because an HOA was a private contract, they could be more or less strict than the town, and could even have additional penalties than a city was allowed. Vice Mayor Anderson asked if there was a definition for what inoperable meant. Planning Manager Cutro said that there was a definition, meaning any vehicle incapable of being legally driven, or a vehicle that could not be started and moved under its own power. Mayor Peterson asked what could be done about a vehicle parked on a public street with a flat tire that had not moved in eight or nine months. Planning Manager Cutro stated that the Community Preservation Ordinance dealt with private property and not public property, and thus could not help in that situation. Mayor Peterson asked about PODs, and if there was anything in the Community Preservation Ordinance about what would happen if a POD was in the front yard for longer than 30 days without a permit. Planning Manager Cutro stated that it was not in the Community Preservation Ordinance, but there was a thirty-day limitation of a POD while a home was under construction. She said she would have to do further research of what the rule was if a home was not under construction. Councilmember Bongiovanni asked if there was any restriction on a vehicle that was operable but not registered. Planning Manager Cutro stated that the definition indicated a car not able to be legally driven as being considered inoperable. Mayor Peterson asked how long the code had been in effect. Planning Manager Cutro said that it was originally passed June 18, 2024, and took effect 30 days afterward. ADJOURN Mayor Peterson adjourned the meeting at 6:01 p.m. ATTEST: ___________________________ ___________________________________ Brigette Peterson, Mayor Chaveli Herrera, 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 20th day of August, 2024. I further certify that the meeting was duly called and held and that a quorum was present. Dated this __________ day of ______________, 2024. ___________________________________ Chaveli Herrera, Town Clerk Pfost