View Other Items in this Archive | View All Archives | Printable Version

REGULAR MEETING OF THE COMMON COUNCIL

OF THE CITY OF EL MIRAGE

EL MIRAGE ELEMENTARY SCHOOL

13500 N. EL MIRAGE RD.

6:00 P.M, THURSDAY, October 14, 2004

 

Minutes

 

CALL TO ORDER Mayor Waterman called the meeting to order at 6:17pm and led the Pledge of Allegiance and moment of silence.

 

ROLL 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

Absent was:  Finance Director Diana Betancourt

 

CONSENT AGENDA

 

Consideration 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 driveway.

 

Consideration and action regarding approval of the expenditure of $14,390.90 for paving/striping improvements on Dysart Rd. (from Country Gables to Greenway).

 

Consideration 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 Ave.

            REMOVED to be voted on separately.

 

Consideration 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.

 

Consideration 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 year.

 

Consideration 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.

 

Consideration 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.

            REMOVED

 

Consideration and action regarding changing the November meetings to November 4th and 17th and the second December meeting to December 17th.

 

Consideration 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.

 

Consideration and action regarding approval of City Council minutes from September 9 and 14, 2004.

 

Consideration and action regarding the appointment of Councilmember Rick Monzon our AZ State Legislative Lobbyist.

 

Consideration 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 Delgado.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Reed, Waterman, White

Nay:

                        Absent:

                        Motion: Carried

 

Vice 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 127thChris 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

Nay: Kern

                        Absent:

                        Motion: Carried

 

Mayor Waterman asked for a motion to approve the remainder of the consent agenda.  Councilor White made the motion; seconded by Councilor Reed.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Reed, Waterman, White

Nay:

                        Absent:

                        Motion: Carried

 

 

MAYOR’S COMMENTS  Nothing

 

REGULAR AGENDA

 

Presentation of a $15,000 check from Taylor Woodrow to assist with the Community Action Program funding.

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. 

 

Consideration 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 zoning.

Mark 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.

 

Consideration and action regarding closing the Public Hearing and reconvening into Regular Session.

Councilor White made a motion to close the public hearing; seconded by Councilor Reed.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Reed, Waterman, White

Nay:

 

                        Absent:

                        Motion: Carried

 

Consideration 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.

Vice Mayor Kern made a motion to approve; seconded by Councilor Delgado.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Reed, Waterman, White

Nay:

                        Absent:

                        Motion: Carried

 

Consideration and action regarding the approval of an agreement with the City of Peoria to provide part-time animal control services.

Chief 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.

 

Councilor Delgado made a motion to approve; seconded by Vice Mayor Kern.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Reed, Waterman, White

Nay:

                        Absent:

                        Motion: Carried

 

Consideration 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.

Fire 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 need.

 

Councilor White made a motion to approve; seconded by Vice Mayor Kern.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Reed, Waterman, White

Nay:

                        Absent:

                        Motion: Carried

 

Consideration and action regarding a First Amendment to the License Agreement with Sundial West III Homeowners Association, Inc., providing the association to maintain certain property.

Fredda 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. 

 

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

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Reed, Waterman, White

Nay:

                        Absent:

                        Motion: Carried

 

Consideration and action regarding the appointment of two Councilmembers to the CDAC Committee.  One as primary and one as alternate.

Mayor nominated Councilor Delgado as primary, seconded by Councilor Bedolla. 

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Reed, Waterman, White

Nay:

                        Absent:

                        Motion: Carried

 

Councilor Delgado made a motion that Vice Mayor Kern stay on as the alternate; seconded by Councilor White.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Reed, Waterman, White

Nay:

                        Absent:

                        Motion: Carried

 

Consideration and action regarding the approval of contract for architectural /engineering services for the Senior Center addition/remodel.

Jeff 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. 

 

Vice Mayor Kern made a motion to approve; seconded by Councilor Delgado.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Reed, Waterman, White

Nay:

                        Absent:

                        Motion: Carried

 

Consideration 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.

BJ 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.

 

Vice Mayor Kern made a motion to approve; seconded by Councilor Delgado.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Reed, Waterman, White

Nay:

                        Absent:

                        Motion: Carried

 

Consideration 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 Department Staff.

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.

 

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

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Reed, Waterman, White

Nay:

                        Absent:

                        Motion: Carried

 

COUNCIL SUMMARY OF CURRENT EVENTS Nothing

 

CITY MANAGER SUMMARY OF CURRENT EVENTS 

BJ 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.

 

CALL TO THE PUBLIC Nothing

 

PUBLIC ANNOUNCEMENTS Nothing

 

EXECUTIVE SESSION  No request for an Executive Session was received.

 

ADJOURNMENT

Vice Mayor Kern made a motion to adjourn at 7:15p.m.; seconded by Councilor Reed.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Waterman, White

Nay:

                        Absent: Reed

                        Motion: Carried