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REGULAR MEETING OF THE COMMON COUNCIL

OF THE CITY OF EL MIRAGE

EL MIRAGE ELEMENTARY SCHOOL

13500 N. EL MIRAGE ROAD

6:00 P.M., THURSDAY, July 13, 2006

 

Minutes

 

I.                    CALL TO ORDER – The meeting was called to order by Vice Mayor Michele Kern at 6:00 p.m.  Council led the public in the Pledge of Allegiance and a Moment of Silence.

 

II.                   ROLL CALL – Present were:  Mayor Fred Waterman (by phone), Vice Mayor Michele Kern, Councilor Xavier Bedolla (by phone), Councilor Roy Delgado, Councilor Rick Monzon, Councilor Tensi Reed (by phone), Councilor Bill Conner (by phone), City Manager BJ Cornwall, Attorney Fredda Bisman, City Engineer Chris Young, Int. Police Chief Bryan Beamish, Acting Fire Chief Tom Christmas, Int. Finance Director Larry Price, City Clerk Edith Hoover. 

 

III.                CONSENT AGENDA

 

1.                  Consideration and action approving Resolution No. R06-07-20, declaring as a public record that certain document filed with the City Clerk and entitled “Chapter 22 – Storm Water Quality Protection.”

 

2.                  Consideration and action approving Ordinance No. O06-07-12, that certain documents declared to be a public record by Resolution No. R06-07-20 and filed with the City Clerk and adding “Chapter 22 – Storm Water Quality Protection” to the El Mirage City Code.

 

3.                  Consideration and action approving Ordinance O06-07-11, adding section 20-1-16 to Chapter 20, Article 20-1- “Nuisance” of the City Code of the City of El Mirage, Arizona.

 

4.                  Consideration and action approving a Quitclaim Deed regarding Sundial West IV Homeowners Association “Tract K”.

 

5.                  Consideration and action regarding approval of the June 8th, 2006 and the June 22, 2006 Regular Council Meeting Minutes.

 

6.                  Consideration and action approving Ordinance No. O06-07-13, amending Chapter 13 “Traffic; Motor Vehicles”, Section 13-2-12 “Local Speed Limits”.

 

7.                  Consideration and action approving the reappointment of David Shapera to the Planning and Zoning Commission for a term ending June 30, 2008.

 

8.                  Consideration and action regarding entering into an Intergovernmental Agreement between the Dysart Unified School District NO. 89 and the City of El Mirage, Arizona.  The agreement funds a City of El Mirage Police Officer to be placed as the School Resource Officer “SRO” to be placed at the Dysart Schools.

 

9.                  Consideration and action regarding entering into an Intergovernmental Agreement with the West Valley Police Coalition to provide Law Enforcement Security Services for the Arizona Sports and Tourism Authority Stadium.

 

10.             Consideration and action regarding entering into an Intergovernmental Agreement for Out of State Travel for Advanced Traffic Crash Investigation to be held in Panama City, Florida.  The grant provides for $3,184.00 dollars in grant funds.

 

11.             Consideration and action regarding the formal approval of the City of El Mirage Police Department to enter into a rotation system that will provide required towing and towing related services in response to requests from the El Mirage Police Department.  This agreement is to provide standardized, fair, and reasonable services and pricing for towing requested by the El Mirage Police Department.

 

12.             Consideration and action regarding entering into an Intergovernmental Agreement for DUI Enforcement with the Governors Office of Highway Safety.  The grant provides for $34,000 dollars in Federal funds.

 

City Manager BJ Cornwall requested that items G, H, I, and J be removed from the Regular Agenda. 

 

Councilor Roy Delgado thanked the City for their work on developing a towing contract between the towing companies. 

 

Councilor Monzon made a motion to approve all items listed on the Consent Agenda with the exception of Consent Agenda Item 5 to be voted on separately; seconded by Councilor Roy Delgado.

 

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

                  Nay:

                  Absent:

                  Motion: Carried

   

 

IV.               MAYOR’S COMMENTS

 

No comments

 

V.                 REGULAR AGENDA

 

A.     Consideration and action approving convening into Public Hearing for the purpose of hearing public comment regarding the Truth in Taxation Hearing – Notice of Tax Implementation.

 

Vice Mayor Kern made a motion to open the Public Hearing; seconded by Councilor Conner.

 

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

                 Nay:

                 Absent:     

                 Motion:      Carried

 

Interim Finance Director Larry Price stated that in 1980 there was a statewide constitutional election that put in place cities abilities to levy a primary property tax which was governed by the amount of levy that the public approved in an election of May of 2003.  This base amount would then be increased each year by 2% along with the equivalent value of new construction for that year.  Larry stated that the City’s tax levy for 2006-2007 is greater than last years levy.  It’s 2% greater than the combined effects of new construction and last years levy.  According to House Bill 2876, the maximum primary property tax levy that can be levied this year, is based on what was levied last year, which was 1,306,000.  This amount is allowed to be increased to 1,404,000, which is the total amount allowed under House Bill 2876.  The truth in taxation amount is 1,376,000.  The total increase per $100,000 is $2.30.

 

Public Comment:      None

 

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

 

Vice Mayor Kern made a motion to close the Public Hearing; seconded by Councilor Bedolla.

 

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

                 Nay:          

                 Absent:     

                 Motion:      Carried

 

 

 

C.    Consideration and action approving the Primary Property Tax Levy Increase.

 

Councilor Delgado made a motion to approve the Primary Property Tax Levy Increase; seconded by Councilor Monzon.

 

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

                        Nay:                Conner

                        Motion:           Carried

                

 

D.    Consideration and action approving convening into Public Hearing for the purpose of hearing public comment regarding the adoption of the Final Budget for Fiscal Year 2006-2007.

 

Councilor Delgado made a motion to approve convening into Public Hearing; seconded by Councilor Monzon.

 

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

                 Nay:

                 Absent:

                 Motion:  Carried

 

Interim Finance Director Larry Price exclaimed that the estimated revenues and expenditures have not changed since council received schedules A-E that was adopted as the tentative budget on June 22, 2006.  After it was adopted, it was advertised twice in the local newspaper for two consecutive weeks with the notice of the hearing.  The final numbers of the budget have not changed since the tentative budget was adopted.

 

            Public Comment:      None

 

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

 

Councilor Delgado made a motion to close the Public Hearing and reconvene into Regular Session; seconded by Councilor Monzon.

 

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

                             Nay:

                             Absent:

                             Motion:      Carried

 

F.     Consideration and action regarding Resolution No. R06-07-19, approving and adopting a Final Budget for Fiscal Year 2006-2007.

 

Councilor Delgado made a motion to approve and adopt the Final Budget for Fiscal Year 2006-2007; seconded by Councilor Monzon.

 

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

                 Nay:          

                 Absent:

                 Motion:      Carried

 

Vice Mayor Kern explained that item number 5 on the Consent Agenda was taken off the Agenda by Councilor Monzon to be voted on separately.  Vice Mayor Kern stated that there was an error in the collection of votes at the June 8th meeting, item M.  Councilor Conner actually voted Nay but was recorded as Yea.

 

Councilor Conner made a motion to approve correcting June 8th Minutes; seconded by Councilor Bedolla.

 

VOTE:     Yea:            Bedolla, Conner, Delgado, Kern, Reed, Waterman

                 Nay:          

                 Abstention:Monzon

                 Absent:

                 Motion:      Carried

 

Vice Mayor Kern requested the approval of June 22, Council Minutes.

 

Councilor Delgado made a motion to approve the June 22, Council Minutes; seconded by Monzon.

 

 

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

                 Nay:          

                 Absent:

                 Motion:      Carried

 

G.    Consideration and action regarding convening into public hearing for the purpose of hearing public comment regarding Ordinance No. O06-06-10, establishing a Planned Area Development Overlay known as the Fairways 2 for a Manufactured Home Park on part of Pueblo El Mirage Resort at 11201 N. El Mirage Road/Replat.

 

Previously removed from the agenda.

 

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

 

Previously removed from the agenda.

 

I.        Consideration and action regarding Ordinance No. O06-06-10, establishing a Planned Area Development Overlay known as the Fairways 2 for a Manufactured Home Park on part of Pueblo El Mirage Resort at 11201 N. El Mirage Road.

 

Previously removed from the agenda.

 

J.      Consideration and action regarding Resolution No. R06-06-16, approving the plat of Pueblo El Mirage R.V. Resort Block Plat (re-subdivision of lots 930-1017, 1033-1075, and 1104-1110) located east of El Mirage Road and north of Peoria Avenue in the SW Quarter of Section 24, Township 3 North, Range 1 West G&SRB&M.

 

Previously removed from the agenda.

 

VI.               COUNCIL SUMMARY OF CURRENT EVENTS

 

The City Council had no comments

 

VII.             CITY MANAGER SUMMARY OF CURRENT EVENTS

 

Wal-Mart’s ground-breaking will be August 8, 2006 at 9:00 a.m.  BJ stated that the City’s appeal for re-counting the census was granted.  The original count was approximately 26,000.  The new census number is 32,061.  The Arizona Republic has declared the City of El Mirage the fastest growing city in

the United States.  BJ thanked Joanne Garrett and Mark Smith for working so hard on obtaining the appeal for the new census count.  BJ introduced the new Fire Chief Scott Alvord and his wife Jackie.  Tom Christmas was given an award for his outstanding commitment, service, and dedication to the City of El Mirage and its residents.  Online Bill-Pay is now up and running.

 

VIII.           CALL TO THE PUBLIC

 

Linda Kleiner commented on the T.A.G. program stating that during a 10- month time span, 22 arrests have been made and 6 people have been sentenced for a total of 410 hours of community service.  This community service has saved the city a total of $9,020.  The City of El Mirage is currently 97% graffiti free and Linda extends her gratitude to the City Administration and the Police Department.

 

IX.               EXECUTIVE SESSION

 

No Executive Session has been requested.

 

X.                 ADJOURNMENT

 

Councilor Delgado made a motion to adjourn at 634 P.M.; seconded by Councilor Monzon.

 

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

                        Nay:

                        Absent:

                        Motion:           Carried