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REGULAR MEETING OF THE COMMON COUNCIL
OF THE CITY OF EL MIRAGE
EL MIRAGE ELEMENTARY
13500 N. EL MIRAGE RD.
6:00 P.M, THURSDAY, October 14, 2004
TO ORDER Mayor
Waterman called the meeting to order at 6:17pm and led the Pledge of Allegiance and moment of
CALL Present were: Mayor Fred Waterman,
Vice Mayor Michele Kern, Councilmembers Xavier G. Bedolla, Roy Delgado, Rick Monzon, Tensi
Reed, Kathleen White, City Manager BJ
Cornwall, Attorney Fredda Bisman, City
Engineer/Operations Director Chris Young,
Police Chief Dick Yost, Fire Chief Roy
Levenda, City Clerk Edith Hoover
was: Finance Director Diana Betancourt
and action regarding approval of the expenditure of $11,000 for the paving of the
section of El Mirage Rd. (S/O
Olive Ave) at the Rinker plant
and action regarding approval of the expenditure of $14,390.90 for
paving/striping improvements on Dysart
Rd. (from Country Gables to
and action regarding the execution of an “exchange agreement” and a special
warranty deed for the purpose of obtaining 4 acres of land for a well/reservoir
site at the NE corner of 125th
REMOVED to be voted on separately.
and action regarding acceptance of a roadway and utility easement on Olive Ave. (Dysart to El Mirage Rd.). This easement is required in order to complete Olive Ave. roadway improvements.
and action regarding approval of a Vehicle Lease Agreement with Area Agency on
Aging, Region One, Inc. for a 2002 Ford 3-door van for the sum of $1.00 per
and action regarding approval of a Contract for Service with Catholic Social
Services of Central and Northern AZ, Inc. providing for services to victims of
domestic violence and sexual assaults.
and action regarding a special Event Liquor Licenses for Leticia M. Garcia for
a Quinceanera to be held on November
13, 2004 form 6pm to 1am
at the Mercado Indoor Swapmeet. There will be two security guards.
and action regarding changing the November meetings to November 4th
and 17th and the second December meeting to December 17th.
and action regarding approval to remain with the State Compensation Fund (SCF)
for workers’ compensation insurance coverage for FY 2004-2005 and changing the
employee wages to the 66 2/3% of wages as provided by the worker’s compensation
insurance coverage from the 100% wages provided by El Mirage.
and action regarding approval of City Council minutes from September 9 and 14,
and action regarding the appointment of Councilmember Rick Monzon our AZ State Legislative Lobbyist.
and action for approval of the addition of an Executive Assistant position to
the City of El Mirage Salary and Job Classification Plan.
Mayor Waterman asked for a motion to approve the consent
agenda minus item 7. Vice Mayor Kern asked to also remove item 3; seconded by Councilor
VOTE: Yea: Bedolla, Delgado, Kern, Monzon, Reed, Waterman, White
Mayor Kern explained she will vote no on item 3 because that area was suppose
to be used for a regional park. She would like to see if there are other
options. Mayor asked if there was staff able to discuss this. Chris Young, City Engineer, explained that this item is to
obtain a site for a well & reservoir. It is identified in the 5 year CIP
and is needed for compliance with the County. The engineer’s office recommends
approving this agreement. Mayor asked if that area was chosen because it is not near
other wells. Chris Young
explained that yes that was one of the concerns, it is called a zone of
influence and the area would be between half a mile and one mile. We also ask
for this large of a site for noise mitigation and proper fencing and
landscaping. Councilor Delgado asked if the tank would be partially under
ground. Chris says the design is barely in the preliminary stage
but they are looking at a partially submerged steel tank. To bury it entirely
is too costly and brings in venting security issues. Mayor asked
what type of fencing will be around it. Chris said it should be split face block wall with a wood gate.
Mayor asked if the tank will be visible. Chris anticipates the tank will
be 10-12 foot high if partially submerged. They will paint it earth tone. Mayor asked
if it will be as high as the one on 127th. Chris said
no. Councilor Delgado asked if building a tank this large will save the
citizens money. Chris said yes it will save in design, sighting &
building costs. Councilor White brought up the regional park again. Chris turned
it over to City Manager BJ Cornwall who says that the original plan did have a well on
that area; the only addition is the tank. We have to do something to cure our
water issues. The issue before them is whether we may have this property. He
explained this has no bearing on whether there will be a regional park or not.
Mayor Waterman asked for a motion to approve item 3. Councilor
Delgado made the motion; seconded by Councilor Bedolla.
VOTE: Yea: Bedolla, Delgado, Monzon, Reed, Waterman, White
Mayor Waterman asked for a motion to approve the remainder
of the consent agenda. Councilor White made the motion; seconded by Councilor
of a $15,000 check from Taylor Woodrow to assist with the Community Action
Mayor Waterman presented Tom Blake from Taylor Woodrow a
plaque expressing our gratitude for their continued support. Tom Blake would
like to thank El Mirage for the opportunity to build here. It has been fun
watching it grow. It is their opinion we have the right people in the right
positions attacking the right issues to move forward. They are happy to do
this, it is a small token.
and action regarding convening into Public Hearing for the purpose of hearing
public comment regarding the adoption of a proposed amendment to the Zoning
Ordinance to allow churches and schools by conditional use in B-1, B-2 and B-3
Smith, Senior Planner explained this is
an amendment to the zoning code to correct the fact it is not currently
mentioned. This would allow them to be in these zones by conditional use. The
Planning Commission and Staff recommend approval.
Mayor Waterman declared the Public Hearing open and asked
for comment. There were none.
and action regarding closing the Public Hearing and reconvening into Regular
White made a motion to close the public hearing; seconded by Councilor Reed.
and action regarding adopting the proposed amendment to the Zoning Ordinance to
allow churches and schools by conditional use in B-1, B-2 and B-3 zoning.
Mayor Kern made a motion to approve; seconded by Councilor Delgado.
and action regarding the approval of an agreement with the City of Peoria
to provide part-time animal control services.
Yost explained this agreement is to continue the current contract. Vice Mayor asked
about Maricopa County. Chief explained that he has looked at this in the
past & this is the best agreement to meet our needs. Vice Mayor asked
where the animals end up and the answer is the Maricopa County Shelter. Vice Mayor Kern
asked if we receive a report regarding bites reported to the County. Chief
Yost explained that he receives a monthly report stating how many dogs are
picked up, the violations, etc. She was wondering what happens if someone gets
bit. Yost stated that we would call Peoria; they are our complete animal control. Councilor
Delgado asked how the hours are set. Chief stated that if there is a problem area
and time, we let them know and they will come out at that time. If there is a
specific call, they will come out. Vice Mayor Kern stated that she has used this service many
times. Councilor Monzon asked about wild animals. Chief said more than likely
that our officers would respond if it is a matter of eminent danger. Vice Mayor Kern
explained that there are organizations that respond to injured wild animals
that this would be for animals that are suppose to be licensed and contained.
Delgado made a motion to approve; seconded by Vice Mayor Kern.
and action regarding the adoption of a draft All Hazard Mitigation Plan in
conjunction with Maricopa County Department of Emergency Management and other
Maricopa County jurisdictions.
Chief Levenda stated this is the last step of this plan. We have worked with
26 other Municipalities & Indian Tribes within Maricopa County.
This will provide for disasters in conjunction with other jurisdictions. This
plan is required for us to apply for FEMA grants. In the packet is the
executive summary, the entire plan is 167 pages and available. From here it
will go to the State Military Affairs then to Region 9 of FEMA for final
approval. Then we will be set and ready with FEMA funds should there be a
White made a motion to approve; seconded by Vice Mayor Kern.
and action regarding a First Amendment to the License Agreement with Sundial
West III Homeowners Association, Inc., providing the association to maintain
Bisman City Attorney stated that homeowners associations had come to the City
asking to take over maintenance of the common areas and in some cases,
ownership. They originally had nine months to get the required amount of
signatures, they are asking for 90 more days.
Delgado made a motion to approve; seconded by Councilor White.
and action regarding the appointment of two Councilmembers to the CDAC
Committee. One as primary and one as alternate.
nominated Councilor Delgado as primary, seconded by Councilor Bedolla.
Delgado made a motion that Vice Mayor Kern stay on as the alternate; seconded
by Councilor White.
and action regarding the approval of contract for architectural /engineering
services for the Senior Center addition/remodel.
Sterling, Building Official. This project is funded by a CDGB grant we have
already received. Vice Mayor asked if this is for the architecture only, the
answer is yes. The Mayor asked if there were two grants, the answer is no.
Vice Mayor Kern asked why Jeff decided to do it this way. Jeff personally
believes that if you have an architect over see a project you have a higher
level of expertise and the County agrees. They like to see this procedure.
Councilor Delgado did not see anything covering windows, door, air conditioning
or the walk in refrigeration in the scope of work. He has been on the roof and
it is very bad. Will the doors be ADA approved? Jeff stated the roof will be remodeled
and the pigeon debris will be removed. The air conditioners are newer and will
not be replaced. He talked to the County as far as the windows, doors and fans
inside, as long as it is under the roof they do not have to specify. They only
specified the most expensive things like the kitchen. Councilor Delgado asked
about the refrigerator compressor. Jeff stated that when he and the architect
walk through, they will address items. He checked with the County to ensure we
have permission to bring everything up to code. Councilor Delgado asked if
they have interviewed any of the seniors. Jeff explained that he received this
project on the back end and he believes Alicia
Cantua had done all that. Councilor
Delgado asked that the seniors have input.
and action regarding Resolution No. R04-10-53, for purposes of Section 1.150-2
of the Federal Treasury Regulations, official intent to be reimbursed in
connection with certain capital expenditures.
Cornwall explained that this allows us to legally reimburse the operating fund
the dollars we are going to spend to comply with orders. We will have to spend
money prior to receiving our bond monies. This allows us to legally repay the
funds when the bonds come in.
and action regarding the adjustment of the Fire Battalion Chief position from a
pay grade level of 60 to a grade 64, an increase of approximately 10.4%, and to
increase the authorized staffing in the Fire Department from three (3) Fire
Captains to four (4), with no increase in the total number of authorized Fire
Chief Levenda explained this is a position which has not been filled yet
although it is 2.5 years old. Even with this increase we will still be the
lowest in the Valley. If approved, the recruitment will start tomorrow. (Inaudible)
Councilor Monzon asked if the current 4 Captains would be eligible. Chief said
that they would be able to apply but we would probably hire outside. Mayor
asked if this is within budget, the answer is yes.
White made a motion to approve; seconded by Councilmember Monzon.
SUMMARY OF CURRENT EVENTS Nothing
MANAGER SUMMARY OF CURRENT EVENTS
wanted Council to know that as part of the El Mirage Rd project, Ricker
Materials donated half of the asphalt. He wanted to thank Ricker. The Olive Rd
project is on schedule. The APS street light project is complete. The lines are now
painted on El Mirage Rd. October 29th is the closing date set for
the City Hall building. The City Advisory Committee is wonderful; we are
inviting the public to come discuss the water/wastewater rate increase with
them this Tuesday (October 19th) at the senior center. BJ would
like to bid a fond farewell and say thank you to Jessie Todden, Surprise
Today. Tonight is her last official meeting, she is leaving for LA.
TO THE PUBLIC Nothing
SESSION No request for an Executive
Session was received.
Mayor Kern made a motion to adjourn at 7:15p.m.; seconded by Councilor Reed.
VOTE: Yea: Bedolla, Delgado, Kern, Monzon, Waterman, White