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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, February 24, 2005

 

Minutes

 

I.      CALL TO ORDER  Mayor called the meeting to order at 6:06p.m. and led the public in the Pledge of Allegiance and Moment of Silence.

 

II.      ROLL CALL Present were:  Mayor Fred Waterman, Vice Mayor Michele Kern, Councilmembers Roy Delgado, Kathleen White, City Manager BJ Cornwall, Attorney Fredda Bisman, Police Chief Dick Yost, Fire Chief Roy Levenda, Finance Director Diana Betancourt, Deputy City Clerk Michelle Szweda

Absent were Councilors Xavier G. Bedolla (out of town), Rick Monzon (ill), Tensi Reed (ill) and City Clerk Edith Hoover (ill)

 

III.      CONSENT AGENDA

1.      Consideration and action regarding purchase of two MCSO Posse Vehicles for a total of $15,000.  These vehicles come fully equipped and were the result of a bidding process where we were able to obtain two of five vehicles available.

 

2.      Consideration and action regarding acceptance of a Public Utility Easement for waterlines located in a portion of Lot 8 of Luke Industrial Park as noted in attached legal description for final recording at Maricopa County Recorder’s Office.

 

3.      Consideration and approval of Map of Dedication for Surprise Elementary School for signature and final recording at Maricopa County Recorder’s Office.

 

4.      Consideration and action approving a Map of Dedication for Rancho El Mirage Plaza for signature and final recording at Maricopa County Recorder’s Office.

 

5.      Consideration and action awarding the construction contract for the City of El Mirage Senior Center Renovation to CONSPECO INC.  The bid opening was held on February 3, 2005 with CONSPECO INC. being the lowest responsible bidder at $254,000.00.

 

6.      Consideration and action regarding the Contract No. RFB-05-0002 with Metering Services, Inc. in order to establish a meter replacement program, which will include the installation of Radio Read MXU Unit per the City’s FY 2005-2009 Capital Improvement Plan.

 

7.      Consideration and action regarding a Sole Source Contract with Sensus Dana Kepner, Inc. in order to provide Sensus Water Meters and ARM Meter Reading Equipment to the City for its Meter Replacement Program, per the City’s FY 2005-2009 Capital Improvement Plan.

 

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

 

VOTE:            Yea: Delgado, Kern, Waterman, White

                        Nay:

                        Absent: Bedolla, Monzon, Reed

                        Motion: Carried

 

IV.      MAYOR’S COMMENTS:  NONE

 

V.      REGULAR AGENDA

 

A.      Presentation by Eide Bailly regarding the COPS 2000 Bond Audit as requested by the petition presented to Council.

City Manager BJ Cornwall explained that approximately three months ago Council was presented with petitions from the citizens requesting an independent audit of the COPS 2000, 17 million dollar bond issue for the construction of the wastewater treatment plant.  Jay Salla from Eide Bailly explained they were brought in to look at the bond, they analyzed the expenditures to ensure they complied with the covenants of the bond.  They had an auditor in for two days and they determined that all expenditures fell under the guidelines.

Mayor asked if Council or citizens had any questions; no one spoke.  Mayor is happy this was done to prove what we all knew, that Councilor Roy Delgado is an honorable person and well worthy of being on our Council.

 

B.     Consideration and action allowing the Police Department to make a new assignment allowing for a “Master Officer’s Position,” to assist with the supervision of the Patrol function.  Currently there are four Sergeants who work ten-hour shifts trying to cover 24 hours a day, 7 days a week.  This leaves a block of hours each day where there are no supervisors working to help cover Patrol.  The Master Officer position, which serves at the pleasure of the Police Chief, would be the supervisor in charge of the patrol squad in the absence of a Patrol Sergeant.  No new positions would be hired, but current officers would be given the opportunity to help supervise Patrol and also gain valuable experience for possible future promotional opportunities.

Chief Yost explained the need for this position.  It is going to increase supervision as well as decrease overtime.  The cost for this position will be absorbed in the current budget for personnel services; we will have to look at it next fiscal year.  They serve at the pleasure of the police Chief.

 

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

 

VOTE:            Yea: Delgado, Kern, Waterman, White

                        Nay:

                        Absent: Bedolla, Monzon, Reed

                        Motion: Carried

 

C.     Consideration and action regarding Resolution No. R05-01-06 declaring as a public record that certain document titled “Amendments to Chapter 13 Traffic; Motor Vehicles” amending the provisions relating to bicycles, scooters and motorized play vehicles.

 

D.     Consideration and action regarding Ordinance O05-01-02 amending the El Mirage City Code Chapter 13 Traffic; Motor Vehicles by regulating the use of motorized play vehicles and declaring an emergency.

Police Chief Yost spoke of both C & D together.  Each homeowners associate was called and they support this Ordinance.  This was on channel 11.  He received phone calls form citizens and encouraged people to come here tonight.  These vehicles are dangerous.  He would like to make one amendment to the Ordinance regarding the definition of a motorized vehicle to exempt battery operated toys designed to go under 5 miles per hour due to citizen feedback.  It will be the departmental policy to warn people first and they will create a database to keep track of these people.

 

Councilor White would like to see the change regarding the small battery operated toys. Vice Mayor Kern would like to see the section regarding noise taken out since we already have a noise section in another chapter of our Code.

 

Randy Thomas 12045 W Flores Dr.  restated that he believes that the real problem is the behavior of the riders.  He recommends Council add in something about unlicensed vehicles.

 

Steve Gilliam 12505 W Redfield  would like to see something about these being illegal to sell, something holding parents responsible & confiscating the vehicles.  He thinks the ordinance should be sent home with all the school children.

 

Councilor White read the sections of the new code that cover what he spoke of.  Vice Mayor was concerned members of the audience did not have copies of this Ordinance so Council gave out their copies and postponed the vote to after Item F so the audience could review it.

 

After Item F, Steve Gilliam had a question on why the paper (Ordinance) he was given by Council, looked the way it did; with strike outs and such.  He also still wanted to see something in there regarding parents being fined and the vehicle being confiscated.  Deputy City Clerk Michelle Szweda explained why the Ordinance looks the way it does and the process of doing an Ordinance.  Chief Yost clarified that the parents will be held responsible under this change.  Attorney Fredda Bisman explained the City cannot legally confiscate the vehicles.

 

Robert Balance 12865 N Tonya St.  stated that one bad apple doesn’t spoil the bunch, the kids on his block ride the pocket bikes the way they are suppose to be ridden.  They do not cause more noise than the jets or someone mowing the lawn, they do not jump curbs or ride through yards.  It is a reward for them.  There are no lights in the parks so what are the kids suppose to do?  They also are not told they can’t be driven on the road when they are purchased.  If we can’t ride them anywhere then they shouldn’t sell them.

 

Mayor explained that the parks and perhaps a place for them to ride them is a problem Council is trying to address.  Councilor White stated that under our new ordinance, sellers in El Mirage would need to make purchasers aware of this Ordinance.  Mayor agrees that the sellers everywhere should have been telling people these can not be ridden on the streets but they didn’t.  This is more an issue of safety than noise.

 

Councilor White made a motion to approve Item C with the stipulation excluding battery operated vehicle designed to go under 5 miles per hours for use on private property or sidewalk and the removal of the noise section; seconded by Councilor Delgado.

 

VOTE:            Yea: Delgado, Kern, Waterman, White

                        Nay:

                        Absent: Bedolla, Monzon, Reed

                        Motion: Carried

 

Police Chief Yost asked Council to approve Item D as an emergency because this is such a great safety hazard.  Attorney Fredda Bisman stated that a super majority of the Council is needed to declare an emergency so they may not do that at this time.

 

Vice Mayor Kern made a motion to approve Item D with the stipulation excluding battery operated vehicle designed to go under 5 miles per hours for use on private property or sidewalk and the removal of the noise section and recognizing that there is not a quorum to declare an emergency; seconded by Councilor White.

 

VOTE:            Yea: Delgado, Kern, Waterman, White

                        Nay:

                        Absent: Bedolla, Monzon, Reed

                        Motion: Carried

 

VI.            EXECUTIVE SESSION

Discussion and consultation with the City’s attorney for legal advice concerning zoning variances.  A.R.S. § 38-431.03.A(3)

 

CANCELED

 

VII.            REGULAR SESSION

 

E.      Consideration and action regarding convening into the Board of Adjustment and a Public Hearing to hear public comment regarding a variance from applicant Roberts Properties LLC at 11201 N. El Mirage Rd. requesting an allowance of 3’ front yard setbacks in R-4 PAD zoning where 5’ setbacks are required for Spaces 891-922; (2)

 

E1.   Consideration and action regarding closing the Public Hearing.

 

E2.    Consideration and action regarding a variance at 11201 N. El Mirage Rd., Spaces 891-922 to allow 3’ front yard setbacks in R-4 PAD Zoning where 5’ setbacks are required.

 

E3.    Consideration and action regarding closing the Board of Adjustment and reconvening into Regular Session.

 

Vice Mayor Kern made a motion to table Item E to the next meeting, March 10th 2005, due to lack of enough Councilmembers for Board of Adjustment; seconded by Councilor White.

 

VOTE:            Yea: Delgado, Kern, Waterman, White

                        Nay:

                        Absent: Bedolla, Monzon, Reed

                        Motion: Carried

 

Scott Roberts requested a Special meeting since this item was suppose to be heard at the last regular meeting but apparently there was an issue with it being posted in the newspaper.  This is keeping two people out of their homes and it is costing him money.  He looks bad because he keeps telling these people this item will be heard.

 

Vice Mayor Kern explained that this is an unfortunate circumstance but she does not feel Council should set a precedent of calling Special meetings for variances.  Mayor Waterman agrees with her.

 

F.            Consideration and action re-establishing the Meter Worker Job Classification for the Meter Services Department and hire 2 Meter Workers.  The Meter Worker positions were originally approved by Council on April 3, 2004 but deferred with the FY 2004-2005 Budget.

Diana Betancourt, Finance Director explained this is basically the third part of what has been presented tonight regarding the Meter Services Division, the first two being on the consent agenda.  Diana and Joanell Lopez, Customer Service Manager, gave a PowerPoint presentation.  Vice Mayor Kern needed clarification of why we would hire 2 people for $12,000 more vs the way it is now with a ”temp” service.  Joanell and Diana stated that they believe the service would be better if the service was provided by City employees.

Councilor Delgado stated that the alleys did not become this way over night and he would like to know what assurance they will give that this will not continue the way it is.  Diana stated that bringing in the two workers is the final piece of their plan to clean up the area, inventory the meters and provide better service.  We need committed people to do this.

 

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

 

VOTE:            Yea: Kern, Waterman, White

                        Nay: Delgado

                        Absent: Bedolla, Monzon, Reed

                        Motion: Carried

 

VIII.            COUNCIL SUMMARY OF CURRENT EVENTS - NONE

Councilor Delgado invited everyone to the spaghetti dinner at the Senior Center this Sunday.

 

IX.            CITY MANAGER SUMMARY OF CURRENT EVENTS

They are meeting Monday regarding the cactus and El Mirage turn signals, hopefully they will be turned on.  BJ commended the waste water treatment plant employees for their hard work over the weekend.  Due to the rain, we reached capacity.  He thanked the citizens for helping out, the flows really went down.  Road improvements are on schedule.  He believes a settlement agreement with PERC is close.  There was a public forum last night regarding the wells and it was not well attended.  Those that did attend are supportive of this project.  Census training at the Senior Center is going well.  It has grown from one night a week to four.  They are still requesting employees, flyer are on the back.  The second impact fee public hearing is Monday night.

 

X.            CALL TO THE PUBLIC

Someone spoke from the audience regarding whether there was a way for the National Guard or someone to clean the alleys and there should be fines if someone tampers with the meters.  (mostly inaudible due to him not speaking into the microphone)

 

XI.            PUBLIC ANNOUNCEMENTS

 

XII.            ADJOURNMENT

Councilor White made a motion to adjourn at 7:34p.m.; seconded by Councilor Bedolla.

 

VOTE:            Yea: Delgado, Kern, Waterman, White

                        Nay:

                        Absent: Bedolla, Monzon, Reed

                        Motion: Carried