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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, THURSDAY, May 27th, 2004

 

Minutes

 

CALL TO ORDER:  Mayor Robert Robles called the meeting to order at 6:00 p.m.  Council led the public in the Pledge of Allegiance.  Councilmember Cutright presented the Opening Prayer.

 

ROLL CALL:  Present were:  Mayor Robert Robles, Vice Mayor Norma Valdez, Councilmembers Bruce Baker, Alice Ortiz, Almond Cutright, Jr. and Michele Kern, City Manager BJ Cornwall, Attorney Sam Coffman, Police Chief Dick Yost, Fire Chief Roy Levenda, Finance Director Diana Betancourt, Community Services Director Ramon Leon, and City Clerk Edith Hoover.

 

CONSENT AGENDA:

 

Consideration and action regarding the second reading of ordinance number O04-05-13, amending the planned area development on the south portion of the Palms of El Mirage at 16101 N. El Mirage Road to allow single family residential development.

 

Consideration and action regarding the second reading of ordinance number O04-05-14, amending the planned area development of the Pueblo El Mirage at 11201 N. El Mirage Road to allow manufactured homes.

 

Consideration and action regarding the second reading of ordinance number O04-05-15, amending and codifying Chapter 4 of the City Code of the City of El Mirage, Arizona, by adopting by reference that certain document titled “Amending and codifying Chapter 4 of the City Code of the City of El Mirage, Arizona, concerning the Police Department, Fire Department, International Fire code and Alarm System.”

 

Consideration and action regarding approval of resolution number R04-15-31 authorizing the submission of an application for Gila River Indian Community State-Shared Revenue Program Funds.

 

Consideration and action regarding resolution number R04-05-32, waiving the requirement to comply with Article 19-4, Undergrounding of Overhead Utility Lines, for the express purpose of constructing streetlights and related electric power lines in the “Original Town Site” and “Sunnyvale” areas.

 

Councilmember Baker made a motion to approve all items listed on the Consent Agenda; seconded by Councilmember Ortiz.

 

VOTE:            Yea:                Baker, Ortiz, Valdez, Cutright, Kern and Robles

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

 

MAYOR’S COMMENTS:

 

Mayor Robles reported last evening he attended the Homeowner’s Association meeting for Cactus Park.  Things are looking good.  BJ is taking care of whatever problems exist.  Last week they attended the Rancho Mirage HOA meeting.  Received information things are going well.  Two weeks ago the first meeting with the City Hall Committee took place.  Yesterday they had a second meeting and next week they will be having another.  They are coming up with a lot of good ideas.  Mayor Robles thanked everyone who voted for the propositions at the General Election.  These propositions will allow the City to move forward.

 

REGULAR AGENDA:

 

Presentation by Stuart Boggs, Manager of Transit Planning for the Regional Public Transportation Authority (RPTA).  His 15-20 minute presentation is entitled “Future Transit Investments Impacting the City of El Mirage”.  He will discuss future bus service in El Mirage and surrounding communities.

 

Stuart Boggs gave his presentation and there were no questions regarding the program.

A copy of the powerpoint presentation can be found in the Council Packet.

 

Consideration and action regarding Resolution No. R04-05-27, declaring and adopting the results of the General Election held on May 18, 2004.

 

Councilmember Kern made a motion to approve Resolution No. R04-05-27, declaring and adopting the results of the General Election held on May 18, 2004; seconded by Councilmember Baker.

 

VOTE:            Yea:                Baker, Ortiz, Valdez, Cutright, Kern and Robles

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

City Clerk Edith Hoover read the Certificate of Election for Xavier G. Bedolla who was the successful candidate for the remaining Councilmember seat.  Mayor Robles congratulated Mr. Bedolla.

 

Consideration and action regarding an Intergovernmental Agreement with Dysart School District to provide recreational activities to elementary school children during the summer program.

 

Community Services Director Ramon Leon reported this IGA will provide for a summer program for 40 to 60 children in the 6th grade at the El Mirage Elementary School.  They will be able to supervise 90 children all together.   Councilmember Kern asked for verification regarding the costs and the responsibilities of the City.  Mr. Leon stated they will be hiring supplemental staff to do the activities with the children.   Councilmember Kern asked legal counsel why there was not a reciprocal cancellation clause.  Attorney Coffman stated this is one-sided because the Dysart School District is providing the funds.  The City does have termination with a 30-day notice. 

 

Councilmember Kern made a motion to approve the IGA with Dysart School District providing recreational activities to elementary school children participating in their 21st Century Community Learning Grant Program contingent on that program not impacting the City’s number of students to participate in the City’s existing program and that it runs parallel.  If possible, amend the contract to include a mutual non-appropriation clause.  However, if the Dysart School Board has already approved this contract then this last item is new; seconded by Vice Mayor Valdez.

 

VOTE:            Yea:                Baker, Ortiz, Valdez, Cutright, Kern and Robles

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

Consideration and action approving an award for Housing Rehabilitation Project Management Services from Community Services of Arizona.

 

Grants Coordinator Alicia Cantua reported this will provide better use of her time as a grant writer.  Councilmember Kern requested an explanation of the costs.  Ms.  Cantua reported these funds will come from the grant and project services were not included in the grant.  The cost is $35.95 per hour.  When she does the management, she spends a maximum of 4 hours on each project.  This is for intake, initial walk through, bid documents.  The grant is for $245,000.  The “not to exceed” amount for this contract is $75,000 for a 6-month period.  The $245,000 covers 7 homes at a maximum cost of $35,000 per home.  The cost of these projects is on a house-by-house basis.  The $75,000 will reduce the number of houses to 5.  Councilmember Kern is concerned we will be violating the grant.

 

Councilmember Baker made a motion to table this agenda item; seconded by Councilmember Kern.

 

VOTE:            Yea:                Baker, Ortiz, Valdez, Cutright, Kern and Robles

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

Consideration and action regarding signing of Management Implementation agreement for Senior Center Renovations CDBG Project number DG0403 in the amount of $300,000 with Maricopa County Community Development.

 

Grant Coordinator Alicia Cantua reported this is the Management Implementation agreement for Senior Center Renovations.  Requested approval.

 

Councilmember Baker made a motion to approve the Management Implementation Agreement for Senior Center Renovations CDBG Project No. DG0403 in the amount of $300,000 with Maricopa County Community Development; seconded by Councilmember Ortiz.

 

VOTE:            Yea:                Baker, Ortiz, Valdez, Cutright, Kern and Robles

                        Nay:               

                        Absent:           Reed

                        Motion:           Carried

 

Ms. Cantua thanked Councilmember Baker for lobbying with other communities in reference to the Senior Center.  Although there were many cuts, the project was awarded.

 

Consideration and action regarding ordinance number O04-05-18, amending and codifying Chapter 12 of the City Code of the City of El Mirage, Arizona, by adopting by reference that certain document titled “Amending and codifying Chapter 12 of the City Code of the City of El Mirage, Arizona, concerning Parks.

 

Community Services Director Ramon Leon reported his department has worked closely with the City Clerk’s Office to update the code from 1987 when it was developed.  There are a lot of changes.

 

Councilmember Baker made a motion to approve Ordinance No. O04-05-18, amending and codifying Chapter 12 of the City code of the City of El Mirage, Arizona, by adopting by reference that certain document titled “Amending and codifying Chapter 12 of the City Code of the City of El Mirage, Arizona concerning the Parks; seconded by Councilmember Kern.

 

VOTE:            Yea:                Baker, Ortiz, Valdez, Cutright, Kern and Robles

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

Consideration and action regarding resolution number R04-05-28, declaring as public record that certain document titled “Amending and codifying Chapter 12 of the City Code of the City of El Mirage, Arizona, concerning Parks.

 

Councilmember Kern made a motion to approve Resolution No. R04-05-28, declaring as a public record that certain document titled “Amending the codifying Chapter 12 of the City Code of the City of El Mirage, Arizona, concerning the Parks”; seconded by Councilmember Baker.

 

VOTE:            Yea:                Baker, Ortiz, Valdez, Cutright, Kern and Robles

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

Consideration and action regarding resolution number R04-05-29, supporting and urging the United States Congress to authorize and direct the United States Bureau of Land Management to prepare and execute a land trade of equitable value between the United States and the land owners of vacant land and farm land within the 65 Ldn. noise contours of Luke Air Force Base.

 

City Manager BJ Cornwall explained this resolution is being adopted by all communities in the West Valley.  The City of El Mirage is once again supporting Luke Air Force Base.

 

Councilmember Kern made a motion to approve Resolution No. R04-05-29, supporting and urging the United States Congress to authorize and direct the United States Bureau of Land Management to prepare and execute a land trade of equitable value between the United States and the land owners of vacant land and farm land within the 65 ldn. Noise Contours of Luke Air Force Base; seconded by Vice Mayor Valdez.

 

VOTE:            Yea:                Baker, Ortiz, Valdez, Cutright, Kern and Robles

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

Consideration and action regarding resolution R04-05-33, approving the final plat of a subdivision to be known as Thompson Ranch Phases 1 & 2 and Parcel A located northeast of Thompson Ranch Road approximately one-half mile north of Grand Ave. in the north half of section 12 township 3.

 

Senior Planner Mark Smith reported this is a plat of Thompson Ranch Phases 1 & 2 and Parcel A including 323 lots outside the existing floodplain.  Council has approved the General Plan Amendment, the PAD, the rezoning of this property, the Preliminary Plat and the Development Agreement.  Staff recommends approval.

 

Councilmember Ortiz made a motion to approve the request for Final Plat of Thompson Ranch Phases 1 & 2 plus Parcel A lying NE of Thompson Ranch Road north of Grand Avenue; seconded by Vice Mayor Valdez.

 

VOTE:            Yea:                Baker, Ortiz, Valdez, Cutright, Kern and Robles

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

COUNCIL SUMMARY OF CURRENT EVENTS:

 

Councilmember Bruce Baker reported the Legislature signing ended last evening at 9:00 p.m.  The Governor did sign the budget.  The House had cut out quite a bit of money for cities and towns.  The Senate came back with another budget that was accepted, sent to the Governor and signed.  $35,000,000 will be coming back to the cities and towns.

 

CITY MANAGER SUMMARY OF CURRENT EVENTS:

 

City Manager BJ Cornwall reported he has had two City Hall Advisory meetings which have gone very well.  They are energetic and have a lot of ideas.  Will meeting again next week.  Been meeting with the Flood Control District on the Regional Park.  Have had site tour and first progress meeting.  Everything is going according to schedule.  By August we hope to have a design plan with cost estimate to move forward.  The developer for the grocery store property has consummated the deal last Friday.  They are presently negotiating a deal for a grocery store.  The needs assessment between the Dysart School District and the City has been sent out to the residents.  We have had a good response.  Asked Fire Chief Roy Levenda to present the Maricopa County All-Hazard Mitigation Plan.  Enables us to receive FEMA monies if we have a situation here in the City.  Public meetings start next week.  He will be back in July to approve the plan itself.   Police Chief Dick Yost informed the Council and public Paul Esparza is fighting a very aggressive cancer and there will be a fund raiser on June 8th and 9th at Applebee’s.  Everyone is invited.

 

CALL TO THE PUBLIC:

 

There were no Call to the Public forms presented.

 

PUBLIC ANNOUNCEMENTS:

 

There were no Public Announcements.

 

EXECUTIVE SESSION: No session requested

 

ADJOURNMENT:

 

Councilmember Baker made a motion to adjourn at 7:25 p.m.; seconded by Vice Mayor Valdez.

 

VOTE:            Yea:                Baker, Ortiz, Valdez, Cutright, Kern and Robles

                        Nay:

                        Absent:           Reed

                        Motion:           Carried