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REGULAR MEETING OF THE COMMON COUNCIL

OF THE CITY OF EL MIRAGE

EL MIRAGE SENIOR CENTER

14010 N. EL MIRAGE RD.

6:00 P.M, THURSDAY, AUGUST 12, 2004

 

Minutes

 

CALL TO ORDERMayor Robles called the meeting to order at 6:00pm then led the Pledge of Allegiance and moment of silence.

 

ROLL CALL

Present were:  Mayor Robert Robles, Vice Mayor Michele Kern, Councilmembers Bruce Baker, Xavier G. Bedolla, Roy Delgado, Kathleen White, Finance Director Diana Betancourt, Fire Chief Roy Levenda, Attorney Fredda Bisman, City Clerk Edith Hoover and Police Chief Dick Yost.

Absent was:  Councilmember Tensi Reed & City Manager BJ Cornwall

 

CONSENT AGENDA:

Consideration and action regarding approval of minutes of the June 10, June 24, June 28, June 30, July 6 and July 8, 2004 Council meetings.

 

Consideration and action regarding the Intergovernmental Agreement between the Maricopa County Sheriff’s Office and the El Mirage Police Department to supply on Detective to the Maricopa County Neighborhood Narcotics Enforcement Team (MCNNET)

 

Consideration and action regarding the second reading of Ordinance No. O04-07-25, amending Chapter 2 by adding Section 2-3-6 Election Dates, providing for the Mayor and Council members to be elected in the fall.

 

Consideration and action regarding the award of contract to Grand Patio & Awning, Inc. to construct a 1,950 sq. ft./14’ tall covered carport work area for Fleet Maintenance

Councilmember White made a motion to approve; seconded by Councilmember Delgado.

 

VOTE:            Yea:    Baker, Bedolla, Delgado, Robles, Kern, White

Nay:               

Absent: Reed

                        Motion: Carried

 

MAYOR’S COMMENTS: No comment

 

REGULAR AGENDA:

 

Presentation of an award from the Office of the Governor with special recognition to Rich Metcalf.

Deferred because Mr. Metcalf is caught in traffic.

 

Consideration and action regarding an Intergovernmental Agreement between the City of El Mirage and the Town of Youngtown to provide dispatching and other communication center activities for the Youngtown Police Department.

Police Chief, Dick Yost explained this is an on going agreement.  We currently provide dispatch service and have since at least 2000 when he got here.  The differences are that we increase the rate from $50,000.00 to $65,000.00 per year and we will be allowed to use their radio frequencies.

 

Councilmember Kern made a motion to approve with a correction to 1.2 referencing 1.4 not 1.3; seconded by Councilmember White.

 

VOTE:            Yea:    Baker, Bedolla, Delgado, Robles, Kern, White

Nay:               

Absent: Reed

                        Motion: Carried

 

Consideration and action regarding adoption of an updated “Emergency Operation Plan” for the City of El Mirage.

Fire Chief Roy Levenda explained that this was prepared by Maricopa County and gives us the opportunity to provide for emergency services during major emergencies coincides with the County plan and surrounding communities.  It allows the Mayor to declare an emergency for the City and receive County and State and Federal assistance for the City.  He made an error by stating there was no financial impact.  There is an IGA we have with the County each year and it is $696.00 that essentially covers this book as well.

 

Councilmember Baker made a motion to approve; seconded by Councilmember Bedolla.

 

VOTE:            Yea:    Baker, Bedolla, Delgado, Robles, Kern, White

Nay:               

Absent: Reed

                        Motion: Carried

 

Consideration and action regarding adoption of a Memorandum of Understanding (MOU) with the El Mirage Firefighters Association, Chapter of Local 4361 of the International Association of Firefighters and the City of El Mirage for FY 2004/2005.

Chief Levenda explained we negotiated and there are very few changes aside from minor clean up.  This has no financial impact aside from merit increases for the firefighters as they come due and that is part of the balanced budget.  The firefighters held back on things they originally wanted to request due to the financial position of the City.  Captain Jamin Smith represents the firefighter local.  He wanted to thank the City staff for there time and they are glad for the opportunity to meet and confer.  They feel this is a good contract and they support it.

 

Councilmember Baker made a motion to approve; seconded by Councilmember Delgado.

 

VOTE:            Yea:    Baker, Bedolla, Delgado, Robles, Kern, White

Nay:               

Absent: Reed

                        Motion: Carried

 

Consideration and action regarding Resolution No. R04-07-46 approving and authorizing the City Manager to appoint a City Advisory Committee.

Pulled from the agenda because it is not for the Council to approve.

 

Consideration and action approving the FY 2004/2005 Liability Insurance Renewal with the Arizona Municipal Risk Retention Pool.

Diana Betancourt explained that this agreement has a 4.5% increase from last year for a total of $273,295.  She went over some of the history and highlights of “the pool”.  We have been with them since 1997.  Vice Mayor Kern thought that BJ had said that the insurance was going down.  Diana thinks he was referring to the Workman’s Comp part of insurance.  Councilmember Baker asked if we would receive a dividend if we had no claims, Diana said yes we would.

 

Councilmember Bedolla made a motion to approve; seconded by Councilmember Baker.

 

VOTE:            Yea:    Baker, Bedolla, Delgado, Robles, Kern, White

Nay:               

Absent: Reed

                        Motion: Carried

 

Consideration and action approving the FY 2004/05 Audit Engagement with Cronstrom & Trbovich, the City’s C.P.A firm.

Diana Betancourt explained that we are required by the State to undergo an audit every fiscal year.  This would be the 13th audit they have done for the City.  Vice Mayor Kern asked if we would have our GASB done after this.  Diana said yes.  This audit would be done according to the industry standards.

 

Councilmember Kern made a motion to approve; seconded by Councilmember Delgado.

 

VOTE:            Yea:    Baker, Bedolla, Delgado, Robles, Kern, White

Nay:               

Absent: Reed

                        Motion: Carried

 

Presentation of an award from the Office of the Governor with special recognition to Rich Metcalf.

The Mayor read a letter and Vice Mayor Kern presented this award to Rich Metcalf on behalf of the Governor’s Council on Health, Physical Fitness and Sports.  Rich thanked the Mayor & Council.

 

Reconsideration and action regarding Resolution No. 04-07-43 approving the final plat for 3 J’s Country Estates, a 231 lot single family subdivision on the south half of the Palms of El Mirage at the northeast corner of Greenway Rd. and El Mirage Rd.

Mark Smith asked to discuss Item H & I together since they are closely related.  He then went on to explain the changes they made in the agreement and the plat at the request of Council last time.  The developers gave a presentation.  Fredda Bisman explained that because this is a reconsideration, they need first a motion to reconsider then a vote then a motion of approval.

 

Councilmember White made a motion to reconsider; seconded by Vice Mayor Kern.

 

VOTE:            Yea:    Baker, Bedolla, Delgado, Robles, Kern, White

Nay:               

Absent: Reed

                        Motion: Carried

 

Councilmember Baker made a motion to approve; seconded by Councilmember White.

 

VOTE:            Yea:    Baker, Bedolla, Delgado, Robles, Kern, White

Nay:               

Absent: Reed

                        Motion: Carried

 

Consideration and action regarding Resolution No. R04-08-47 approving the Mayor to sign a development agreement for the south part of the Palms of El Mirage at the northeast corner of El Mirage & Greenway.

Councilmember Delgado made a motion to approve; seconded by Councilmember Baker.

 

VOTE:            Yea:    Baker, Bedolla, Delgado, Robles, Kern, White

Nay:               

Absent: Reed

                        Motion: Carried

 

Consideration and action regarding convening into Board of Adjustment AND public hearing for public comment regarding a variance request by Frank Jr. and Maria Moreno to allow an addition to a residence with 26’ instead of 30’ side yard setback in an R-43 district at 12946 W. Desert Cove Rd..

Councilmember Baker made a motion to convene into Board of Adjustment and public hearing; seconded by Vice Mayor Kern.

 

VOTE:            Yea:    Baker, Bedolla, Delgado, Robles, Kern, White

Nay:               

Absent: Reed

                        Motion: Carried

 

Mark Smith explains that the existing home fits but they would like to add on.  There are other homes in the area like this.  Vice Mayor Kern asked about the surrounding neighbors.  Mark explained that the neighbors were either fine with it or had no comment.  Mrs Moreno explained that the extension is needed because they need to help the aging parents.  Councilmember Delgado said he went to check it out.  He feels that it will improve the area.

 

Consideration and action regarding closing the public hearing and reconvening into Board of Adjustment regarding a variance request by Frank Jr. and Maria Moreno to allow an addition to a residence with 26’ instead of 30’ side yard setback in an R-43 district at 12946 W. Desert Cove Rd.

Vice Mayor Kern made a motion to close the public hearing and reconvene into the Board of Adjustment; seconded by. Councilmember Baker

 

VOTE:            Yea:    Baker, Bedolla, Delgado, Robles, Kern, White

Nay:               

Absent: Reed

                        Motion: Carried

 

Consideration and action regarding a variance request by Frank Jr. and Maria Moreno to allow an addition to a residence with 26’ instead of 30’ side yard setback in an R-43 district at 12946 W. Desert Cove Rd.

Councilmember Delgado made a motion to approve; seconded by Councilmember White.

 

VOTE:            Yea:    Baker, Bedolla, Delgado, Robles, Kern, White

 

Nay:               

Absent: Reed

                        Motion: Carried

 

Consideration and action regarding closing the Board of Adjustment and reconvening into Regular Session.

Councilmember Baker made a motion to approve; seconded by Councilmember Delgado.

 

VOTE:            Yea:    Baker, Bedolla, Delgado, Robles, Kern, White

Nay:               

Absent: Reed

                        Motion: Carried

 

COUNCIL SUMMARY OF CURRENT EVENTS:

Councilmember White explained that her and BJ, City Manager are creating a Citizens Advisory Committee will serve as a resource to the City Manager’s office on issues such as budget, finances, strategic planning, annexation, and the census.  The City Manager will be collecting letters of interest until September 10th.  They will then set up a three member panel to select the committee which will then create by laws and they will be charged with making recommendations to the Council.

 

Councilmember Baker would like to see a flashing light put up at Primrose and Thunderbird.

 

Councilmember Delgado would like to clear the air about things being said in the paper by Mayor Robles and Councilmember Baker.  They are blaming him for all the Cities problems.  He would like to defend himself.  First, he did not steal from the City.  You can get the documentation from the City which shows where all the monies were spent.  Second, he was not Mayor when the 17.2 million was borrowed for the wastewater plant and water wells.  Steve Garza was Mayor then.  He explained all the events occurring around those items and explained that everything is documented.  He wants Mayor Robles and Councilmember Baker to stop saying how he will vote on a water rate increase.

 

Councilmember Baker asked to respond and was told he may not respond to statements made by Councilmember Delgado.  He said the closing statement said that the wastewater treatment plant was completed but it was only 80% done, they also said that there would not be a water rate increase for 10 years.  He welcomes the hearing on the 23rd.

 

CITY MANAGER SUMMARY OF CURRENT EVENTS

 

Edith Hoover spoke on behalf of BJ since he is on vacation.  First we have converted over to the APS billing system we have some glitches but we are working with APS to get them ratified.  The developer of the Dysart/Greenway property has said he is receiving a lot of interest and feels he will secure something from a well known national company soon.  We have been in discussions with two developers that plan to bring a gas station, convenience store and car wash.  They are both in the design phase.  The air conditioning unit went out in suite 8 today and Chris Young got it fixed by 1:30pm.

 

CALL TO THE PUBLIC

Fred Waterman hopes that the City would have more criteria for developers.  He feels they presented less of a product this time then last time.

 

PUBLIC ANNOUNCEMENTS

 

EXECUTIVE SESSION

Discussion and consideration of personnel matters pursuant to ARS 38-431.03(A)(1):

 

Discussion and performance evaluation of Police Chief Dick Yost.  The discussion may include assignments, duties and salary matters.

 

Discussion and performance evaluation of Fire Chief Roy Levenda.  The discussion may include assignments, duties and salary matters.

Councilmember White made a motion to convene into executive session; seconded by Councilmember Delgado at 7:10 p.m.

 

VOTE:            Yea:    Baker, Bedolla, Delgado, Robles, Kern, White

Nay:               

Absent: Reed

                        Motion: Carried

 

Councilmember White made a motion to reconvene into Regular Session; seconded by Councilmember Delgado at 8:20 p.m.

 

VOTE:            Yea:    Baker, Bedolla, Delgado, Robles, Kern, White

Nay:               

Absent: Reed

                        Motion: Carried

 

REGULAR SESSION

 

Consideration and action regarding the performance evaluation and merit increase for Police Chief Dick Yost.

 

Councilmember White made a motion to approve the contract; seconded by Councilmember Delgado.

 

Consideration and action regarding the performance evaluation and merit increase for Fire Chief Roy Levenda.

Vice Mayor Kern made a motion to approve the contract; seconded by Councilmember White.

 

ADJOURNMENT

Councilmember White made a motion to adjourn at p.m.; seconded by Councilmember Baker.

 

VOTE:            Yea:    Baker, Delgado, Robles, Kern, White

Nay:               

Absent: Reed

                        Motion: Carried