Council Study Session

MINUTES OF THE GILBERT TOWN COUNCIL, IN SPECIAL MEETING FOR A STUDY SESSION, TUESDAY, NOVEMBER 19, 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 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, Development Services Director Kyle Mieras, Code Inspections Supervisor Lorrie DeOrio, Assistant Town Manager Dawn Prince, Parks and Recreation Manager Lane Gram, Assistant Police Chief Michael Angstead, and Volunteer and Community Resources Manager Melanie Dykstra CALL TO ORDER OF SPECIAL MEETING Mayor Peterson called the meeting to order at 5:03 p.m. AGENDA ITEM 1. Presentation and Discussion on update related to the Community Preservation Ordinance. Development Services Director Mieras provided an update as requested by the Council on the Community Preservation Ordinance that was approved on June 18, 2024, and effective on July 18, 2024. Director Mieras said training was done by for code enforcement staff with Legal, then noted there was no ask of the Council that evening, only an update. He summarized the process from when complaints were reported by residents to being processed and assigned an inspector to the case. He said staff would determine if there was a violation or not within 24 hours; if so, the emphasis was on getting the issue corrected. He said contact was more educational in nature in efforts to resolve the issue, but if there was a violation created, it would go through the court system as a last resort. He discussed tracking the cases and violations, stating there were 706 cases that were created since July 2024, with 805 violations occurring from those 706 cases. He said considering cases that came from what changed through the Community Preservation Ordinance alone, there were 57 open cases and 67 violations noted. He added they included nine cases and violations in backyards, stating less than 1 in 12 cases were associated with the enforcement of the Community Preservation Ordinance and approximately 1% in backyards. Director Mieras stated some residents were waiting for the Ordinance to become effective so they could call in complaints, which did cause an increase. He noted future adjustments and updates that would be provided to the Council, as well as a proposed amendment to the Ordinance. Councilmember Tilque asked about trends with backyard violations. Code Inspections Supervisor DeOrio said the trend was typically an accumulation of multiple items in large piles; she discussed education and efforts to work with residents to resolve the issues. Councilmember Bongiovanni asked about the property owners’ reactions. Supervisor DeOrio stated she had not been asked to help mediate any of the nine violations ,which indicated a positive outcome in those cases. Councilember Torgeson asked of the nine backyard violations, was the reporting from two-story houses behind those properties. Supervisor DeOrio said per policy and legal directive, the properties must be adjacent to a two-story home or something with an elevated viewing deck. Councilmember Torgeson said the numbers went up because neighbors were turning in neighbors, asking if that would likely slow down or continue. Supervisor DeOrio said she had not seen an increase in adversarial conversations. Mayor Peterson noted that staff had mentioned that some residents were waiting to be able to submit a complaint, which did cause a slight increase when the Ordinance became effective; she said she was pleased that the number was lower than expected. 2. Presentation and Discussion on Municipal Code amendments related to Section 54-1 Obstruction to Public Property and Section 46-43 Prohibited Activities. Assistant Town Manager Prince stated the purpose of the item was to update the Council on proposed changes to the Code related to ramadas and bus stops within Gilbert. She said there were areas of the Code that needed to be updated to provide staff with guidance to ensure the facilities were aligned with their intended uses and purposes. Parks and Recreation Manager Gram discussed proposed changes impacting ramadas found in Chapter 14, Article 2, Section 46-43. She said the proposed language would add a requirement of a reservation permit when using a ramada or picnic area for more than three hours. Manager Gram reviewed the current process of first come, first serve without a reservation, then discussed current policies and how the park rangers were to enforce reservations. She noted a Quick Response (QR) Code was added to all sites to check or manage reservations. She explained the proposed language would be added under the Unauthorized Use of Town-owned Improvements section stating, “No person shall damage or wastefully or improperly use any Town-owned Improvements in a Town park or recreation facility, including occupying a ramada or picnic area for more than three hours per day unless unauthorized by a reservation permit in accordance with Section 46-2.” Manager Gram noted research was done and many municipalities had similar language; they modeled Gilbert’s closely to Tempe’s. She said the impact was to encourage advanced reservations, increase the drop-in availability and usage, maximize the opportunities for public use, and reduce potential conflicts. She noted the desire was to give residents more opportunities for usage. Councilmember Bongiovanni asked about the role of the park rangers in notifying users of the ramada. Manager Gram spoke of adding signage and communication efforts while making adjustments as needed. They discussed how percentages of reservations varied depending on the park. Councilmember Tilque asked how people in the park knew if a ramada was reserved. Manager Gram stated that the QR codes would link to the website to check reservations, but they were doing more outreach to educate the public on how to check reservations ahead of coming to the park. They discussed how contact numbers for park rangers were also posted at the parks. Assistant Police Chief Angstead discussed proposed changes impacting bus stops found in Chapter 54, Article 2, Section 54-1 related to limiting the use of a bus shelter or transportation facility to one hour. He said the current practice was that there was no restriction on time stayed at bus stop, then noted that bus shelters were maintained and operated by the Town. He said the City of Mesa was implementing the same proposed language. He read the following proposed language: “It is unlawful for any person to remain at a bus shelter or transportation facility for more than one (1) hour.” He also provided the following definition: “Transportation facility, as used in this article, means a location from which a public bus, trolley, shuttle, Valley Metro or other public transit vehicle is used to transport passengers.” Chief Angstead discussed the implementation plan of posting stickers and signage referencing Gilbert Code, starting with education and verbal warnings, providing information on services available, and if there was criminal activity occurring, officers could issue a citation. Councilmember Bongiovanni asked if it was a problem in Gilbert. Chief Angstead stated it was in Mesa, but not in Gilbert currently; he then spoke of the desire to get ahead of issues rather than being reactive. Councilmember Tilque asked if officers would also assist with issues at ramadas; Chief Angstead confirmed they did currently assist in those instances. Councilmember Torgeson requested to hone down any vague language regarding the ramadas; he noted the words ‘wastefully’ and ‘improperly’ as vague and subjective. Manager Gram agreed that language could be added for clarity. Vice Mayor Anderson asked if the bus stops and ramadas would come into play in the homeless census. Volunteer and Community Resources Manager Dykstra stated that when the Town did the Point in Time (PIT) Count, they did check all of the parks and bus stops; she said the police department and park rangers helped with providing information and in other ways. Town Attorney Payne requested additional direction regarding Councilmember Torgeson’s request to make the language regarding the ramadas more concise and less subjective. Town Attorney Payne stated they would remove the words ‘wastefully’ and ‘improperly’ and look into what was already included in the language regarding damages; the proposed changes would be brought back to the Council for consideration. Mayor Peterson said parks already were marked for no overnight stays. Manager Gram stated that parks closed at 10:00 p.m. Mayor Peterson said she appreciated the consistency with Mesa, since Gilbert shared many borders with them. Councilmember Tilque noted “urban camping” was prohibited. ADJOURN Mayor Peterson adjourned the meeting at 5:38 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 19th day of November, 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