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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, WEDNSDAY, November 17, 2004

 

Minutes

 

 

CALL TO ORDER Mayor Waterman called the meeting to order at 6:04pm 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, Kathleen White, City Manager BJ Cornwall, Attorney Fredda Bisman, City Engineer Chris Young, Police Chief Dick Yost, Finance Director Diana Betancourt, City Clerk Edith Hoover

Absent was:  Councilmember Tensi Reed and Fire Chief Roy Levenda

 

CONSENT AGENDA

Consideration and action regarding the second reading of Ordinance No. O04-10-31, amending Chapter 8 Business Regulations and adopting the codification of Chapter 8 Business Regulations of the City Code.

 

Consideration and action regarding the second reading of Ordinance No. O04-10-32, amending Chapter 9 Transaction Privilege Tax and adopting the codification of Chapter 9 Model City Tax of the City Code.

 

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

 

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

Nay:

                        Absent: Reed

                        Motion: Carried

 

MAYOR’S COMMENTS  They are moving forward with the Council Aid.  The phone line is almost in for help or complaints; they are working on a computer format to go between the aid and the departments.

 

REGULAR AGENDA

Consideration and action regarding approval of using John F. Long’s Peoria Avenue location for the new City Hall.

 

Ralph Reaser, member of the City Hall Committee, stated that on August 26th, 2004 they came before Council and made a recommendation that City Hall be built on the 27 acres that Mr. Long donated to the City.  The Council asked at that time that the neighbors of the area be given a chance to speak and he understands that has happened so that is why this is back on the agenda.  Councilor Delgado said that he has spoken to all the neighbors and everybody is in favor of it.  The only person he didn’t talk to was Father LaBlanc at the church.  He presented what he believes is correct information mainly that the entrance will not be on Peoria Ave.  BJ Cornwall explained that right now there is no official design but they are looking at going as far east as possible and will attempt to build with the least amount of impact to the neighborhood.  Vice Mayor Kern asked whether official correspondence had been sent to anyone.  Mr. Cornwall said no but the committee had discussed it and truly felt the residents would be pleased with the plan versus what could be there. (Inaudible)  Mayor Waterman asked how Council felt about sending a letter in the future if the area is small enough.  Councilor Monzon said that is fine but at the same time we are not asking their permission we are informing them what our plans are.  Vice Mayor Kern agrees.  BJ asked if the Council was going to approve this with a stipulation that a letter be sent.  Mayor said no that wasn’t what he was saying; he feels that a letter should have been sent.  Mayor Waterman would like official letters sent for this type of issue, in the future.

 

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

 

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

Nay:

                        Absent: Reed

                        Motion: Carried

 

Consideration and action regarding a request from the Police Department for permission to hire one more Police Officer to staff a vacant Patrol Position.  Funds for this position would come from savings obtained this fiscal year by keeping some open positions vacant until December.

Police Chief Dick Yost.  The department has held a vacant sergeant position for quite sometime do to an issue which cannot be discussed.  He is asking to hire a police officer in the mean time.  Once the vacant position situation is dealt with, it can remain vacant or be eliminated, he doesn’t care; his goal is to get police officers on the road.  Once the issue is dealt with, he will not be refilling the position.  His goal is to have four patrol officers per shift.  Vice Mayor Kern asked if the vacant position is currently being paid.  Chief Yost said it is not and once the position is dealt with he will not be replacing that position.  Vice Mayor Kern understands the situation and sees that there maybe 47 positions as long as there are no more than 46 positions being paid. 

 

Vice Mayor Kern made a motion to approve this position to create a 47th position strictly to allow the ability to do what he needs to do but ultimately only to be filling 46 paid positions; seconded by Councilor Monzon.

 

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

Nay:

                        Absent: Reed

                        Motion: Carried

 

Consideration and action regarding request from the Police Department to receive $15,000 from the General Fund to explore the possible purchase of pre-owned police vehicles from “alternative sources”.  The Fountain Hills Sheriff’s Posse already sold us one vehicle and in January may have a second.  We are also contacting other sources to possibly obtain an additional vehicle so that our

fleet will continue to be operational until the next fiscal year.

            REMOVED FROM THE AGENDA

 

Consideration and action regarding awarding a contract for Project PW04-W02 to Zim Industries for the drilling, sampling, installation, and development of two new wells at the City’s Dietz Crane and Regional Park sites.

Chris Young, City Engineer.  Zim Industries was the lowest of four bids at $843,000, the engineers estimate was $900,000.  We are asking for a 10% contingency making the total award $927,342.81.  Councilor Monzon asked about inspection after completion.  Chris explained that is part of the consultant engineer’s contract.  Councilor Delgado wanted to be sure we will have a performance bond.  The answer is yes.  Vice Mayor Kern asked if the Dietz Crane well was a new well or is it retrofitting the existing one.  Mr. Young explained that due to the arsenic regulations, they will be drilling a new well but there will not be two wells there.

 

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

 

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

Nay: Kern

                        Absent: Reed

                        Motion: Carried

 

COUNCIL SUMMARY OF CURRENT EVENTS None

 

CITY MANAGER SUMMARY OF CURRENT EVENTS

The Veteran’s Day event was a success; he thanks and commends everyone involved.  We have a tentative agreement with the Pueblo; it will be on the next Council meeting agenda.  El Mirage & Olive will not be closed for three days; it will be closed Saturday then reopened.  We are loading up the intersections with officers.  There is an opening on the Planning & Zoning Commission.  Saturday is the Hazardous Waste event at the City of Surprise Aquatic Center; Lucky Roberts explained that we do need volunteers for this event since it is not a budgeted event.  Prop 200 was passed but we have a plan in place.

 

CALL TO THE PUBLIC

Terry Brown hopes that someone will explain to the Surprise Today what the Police Department is doing so it doesn’t get twisted.

 

PUBLIC ANNOUNCEMENTS None

 

EXECUTIVE SESSION

Discussion and consultation with the City’s attorneys for legal advice concerning land acquisition.  A.R.S. §38-431.A.3.

 

ADJOURNMENT

Councilor White made a motion to adjourn at 8:00 p.m.; seconded by Councilor Monzon.

 

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

Nay:

                        Absent: Reed

                        Motion: Carried