5 19 2020 minutes REG DRAFT

D R A F T
REGULAR MEETING OF THE COMMON COUNCIL
OF THE CITY OF EL MIRAGE
EL MIRAGE CITY COUNCIL CHAMBERS
10000 N. EL MIRAGE ROAD
6:00 PM -TUESDAY, MAY 19, 2020
Minutes
 
 
 
       
   
1.
ROLL CALL
Present: Mayor Alexis Hermosillo; Vice Mayor Roy Delgado; Councilmember Monica Dorcey; Councilmember
Anita Norton; Councilmember David Shapera; Councilmember Donna Winston 
2.
CALL TO ORDER - The meeting was held online and publicly with limited access; called to order
at 6:00 pm.
Pledge of Allegiance
Moment of Silence
 
3.
PROCLAMATION
 
1.
A proclamation to proclaim May 17 - 23, 2020 as Public Works Week in El Mirage.  (Public Works)
Public Works Director Nick Russo presented stating that Public Works services are an integral part of
citizens' everyday lives.  The support of an understanding and informed citizenry is vital to the efficient
operation of public works systems and programs such as water, sewers, environmental programs, streets
and parks, facilities, fleet, information technology and customer service.  The health, safety, and comfort
of this community greatly depends on these facilities and services.  The quality and effectiveness of these
facilities, as well as their planning, design, and construction, are vitally dependent upon the efforts and
skills of public works officials.  The efficiency of the qualified and dedicated professional personnel who
staff public works departments are materially influenced by the people's attitude and understanding of the
importance of the work they perform.
Mayor Hermosillo proclaimed the week of May 17-23, 2020 as NATIONAL PUBLIC WORKS WEEK
in the City of El Mirage.
  
 
4.
CALL TO THE PUBLIC
Citizens desiring to speak on any issue within the jurisdiction of the public body may do so at this time.
Comments shall be limited to three (3) minutes per person and shall be addressed to the City Council as a
whole. At the conclusion of the Call to the Public, individual City Council Members may (1) respond to
criticism made by those who have spoken, (2) direct staff to review or follow up on the matter, and/or (3)
direct that the matter be put on a future agenda.
No public comment cards were received.

5.
CONSENT AGENDA
All items listed under the Consent Agenda will be voted on with one motion. If discussion is desired
regarding any Consent Agenda Item, that item will be removed from the Consent Agenda and voted on
separately.
 
1.
Consideration and action to approve the minutes of the Regular Council meeting held on-line and
telephonically Tuesday, May 5, 2020. (City Clerk)
  
 
2.
Consideration and action to approve a purchase with CDW-G for Microsoft Office 365 utilizing State of
AZ Contract ADSPO17-149774 in an amount not to exceed $36,010.88, (Information Technology)
  
 
3.
Consideration and action to approve an agreement with Mimecast for a term of one year and
corresponding purchase with SHI for email services in an amount not to exceed $19,500. (Information
Technology)
  
 
4.
Consideration and action to approve an agreement to renew a subscription with Mimecast for a term of 1
year for email services. (Information Technology)
  
 
5.
Consideration and action to authorize the City Manager to enter into a Project Agreement with the
Maricopa Association of Governments (MAG) setting forth the terms and conditions of the Dysart Road
Improvement Project between Northern Avenue and Peoria Avenue. (Community Development)
  
 
6.
Consideration and action to approve contract EM20-INSP01 with Consultant Engineering, Inc. at a cost
not to exceed $20,000 in FY 19/20.  (Community Development).
  
 
7.
Consideration and action to approve a Final Plat submitted by Fourplex Investment Group for a
Multi-Family Subdivision located at 12945 W. Greenway Road, El Mirage, Arizona 85335.  (Community
Development) 
  
 
8.
Consideration and action to approve a PSPRS funding policy for Police and Fire.  (Finance)
  
 
 
Vice Mayor Delgado moved to approve Consent Agenda Items 1 through 8 as presented; seconded by
Councilmember Shapera. 
 
Vote: 6 - 0 Passed - Unanimously
 
6.
REGULAR AGENDA
 
1.
A Public Hearing, closure of Public Hearing, followed by consideration and action to approve Ordinance
O20-05-02, amending the text of El Mirage Zoning Code §154.154.A.2 Procedure for Site Plan Approval
relative to the review and approval of site plans within an approved Planned Area Development (PAD). 
(Community Development) 
Mayor Hermosillo opened the Public Hearing
Planner/GIS Jose Macias presented Ordinance O20-05-02, amending El Mirage Zoning Code
§154.154.A.2; removal of public meetings when reviewing and approving site plans within a previously
approved Planned Area of Development (PAD).  He reviewed the El Mirage zoning map; identifying any
site plans within the area that would be eligible under this proposed amendment and municipalities with
similar practices.  Staff would continue to work with Luke AFB ensuring compliance with State Statute
and notifying necessary parties (Council, Commission, neighboring parcels) of any pending projects.  The
Planning and Zoning Commission recommended approval of the amendment at the April 28, 2020, Public
Hearing with a 4-0 vote.  Staff is seeking final action from Council for the adoption of the Zoning Text
  
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Amendment.  The amendment will take effect thirty (30) days after approval.  Mr. Macias introduced
Gammage & Burnham Counsel, Mr. Stephen Anderson on behalf of John F. Long Properties.  
Mr. Anderson addressed Council and recognized the unusual amendment request.  He referenced positive
recommendation documents provided by City Staff and support of the Planning and Zoning Commission. 
The request applies only to land that is currently zoned PAD; new PADs will be required to go through the
entire  process allowing for Council review.  The amendment would only affect a single property and
Staff currently reviews all site plans so there would be no additional burden on staff workload.  The
request is only eliminating a portion of the site plan review.  Information from Greater Phoenix Economic
Council, Arizona Commerce Authority and site selectors support the need to reduce site plan process
times to meet aggressive built-to-suit timelines.
Councilmember Norton asked if Council would still remain the approving authority for any development
within the 1500 acre property.  Mr. Anderson responded land use is already established by the zoning
code, the amendment is limited to the project design itself; staff would still conduct site plan review, but
approval for the project design would not require Council approval.  Vice Mayor Delgado asked City
Attorney Justin Pierce if Council would be accountable should a project go awry.  Mr. Pierce responded
there would be no liability concerns for Council.  Councilmember Winston asked if this would eliminate
public input.  Mr. Macias responded public input would only be eliminated for a small portion of the site
plan review; new PADs would go through the entire process which includes public input.
There being no public comments, Mayor Hermosillo closed the public hearing.
Councilmembers Shapera and Winston agreed Council has a responsibility for residents' best interests and
City Staff should not be burdened with those responsibilities.  Councilmember Shapera further
commented that Council and the Planning and Zoning Commission have been flexible throughout the
community, including South of Peoria. If an action needs taking a Special Meeting can be called.  He
stated that future Council restrictions need to be considered.  El Mirage is a community of 36,000
residents and their voice needs to be heard. Surprise and Buckeye are poor comparisons and he is not in
favor whatsoever.  Mayor Hermosillo echoed Councilmembers Shapera and Winston's comments. 
Councilmember Norton agreed and added Public Hearings were there for a purpose.
Vice Mayor Delgado moved to approve Ordinance O20-05-02, amending the text of El Mirage Zoning
Code § 154.154.A.2.  Procedure for Site Plan Approval relative to the review and approval of site plans
within an approved Planned Area Development (PAD).
Motion failed for lack of a second.
 
2.
A Public Hearing, closure of Public Hearing followed by a discussion and action to approve Resolution
R20-05-06 to adopt the El Mirage 2020 General Plan Update as pursuant to A.R.S. §9-461-06E. 
(Community Development)
Mayor Hermosillo opened the Public Hearing.
Planner/GIS Jose Macias introduced consultant Matthew Klyszeiko with consultants Michael Baker
International.  Mr. Klyszeiko reviewed the General Plan process which began September 2018. The
general plan is a comprehensive, long range plan that sets forth the goals and policies for the development
of land within the City.  Arizona Revised Statutes (A.R.S.) § 9.461.06 requires the City of El Mirage to
update its general plan at least every ten (10) years. The General Plan requires extensive public
engagement, education on the process and feedback from the Community on focus areas.  A General Plan
Advisory Committee was established comprised of 15 individuals that included elected officials,
residents, business owners, local public agencies such as MAG and representatives from Luke AFB. 
Online surveys were orchestrated to understand the needs and wants of the community.  A vision
statement is intended to give direction and purpose for the document along with four (4) themes; Create
Places, Improve Mobility, Provide Amenities, and Increase Prosperity.  Plan goals were reviewed in line
  
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with specific policies and action items that can be utilized by Council and Staff.  Current and proposed
land use plans were identified to address needs and identify challenges.  Mr. Klyszeiko pointed out
several specific areas within the City to present examples of current investments and future needs.  The
Planning and Zoning Commission received public comments at the April 22, 2020, Public Hearing and
recommended approval at the April 28, 2020, Public Hearing with a 4-0 vote.  Council action is required
for the adoption of the El Mirage 2020 General Plan Update and to proceed with the plan to be on the
November 3, 2020, General Election for citizen ratification.
Councilmember Norton asked about the area along Northern Parkway and what type of development
would go there.  Mr. Klyszeiko responded by stating that an enhanced facility such as retail or
non-residential type of element; higher density residential to support it was also planned.  Councilmember
Shapera commented on Wickenburg's development of an old mining area into luxurious homes and how
great it looks.  He complimented Michael Baker Consultants on their proposed land use recommendation
for development along Northern Parkway and recognized the challenges from the current General Plan.
There being no public comments, Mayor Hermosillo closed the public hearing.
Councilmember Nortion expressed her appreciation for bringing awareness to the possibilities for
development along Northern Parkway.  Vice Mayor Delgado stated he had seen the presentations in public
and he was most appreciative.
 
 
Vice Mayor Delgado moved to approve Resolution R20-05-06 to adopt the El Mirage 2020 General Plan
Update as pursuant to A.R.S. $9-461-06E; seconded by Councilmember Shapera. 
 
Vote: 6 - 0 Passed - Unanimously
 
3.
Consideration and action to authorize the City Manager to enter into a contract with Northwest Valley
Connect (NVC), a nonprofit 501(C)3, for local Dial-a-Ride transit services for FY20-21. (Grants).
Grants and Special Programs Administrator Autumn Grooms explained participants must be 65+ or have
a disability to use local Dial-a-Ride services.  The FY 2020/21 total is $80,407 and Arizona Lottery Funds
(ALF) are used to fund this program.  Northwest Valley Connect was selected through a competitive bid
process and will utilize Uber, Lyft, and accessible vans to provide service for citizens.
  
 
 
Vice Mayor Delgado moved to authorize the City Manager to enter into a contract with Northwest Valley
Connect (NVC), a nonprofit 501(C)3, for local Dial-a-Ride transit services for FY20-21; seconded by
Councilmember Shapera. 
 
Vote: 6 - 0 Passed - Unanimously
 
4.
Consideration and action to authorize the City Manager to enter into an IGA with the Regional Public
Transportation Authority (RPTA), Valley Metro, for paratransit services for a seven (7) year agreement
with Arizona Lottery Funds covering the City's portion in an amount not to exceed $30,904 for FY 21.
(Grants)
Grants and Special Programs Administrator Autumn Grooms presented this proposed RPTA Paratransit
IGA for ADA approved residents.  The annual cost is $72,515, utilizing Federal funding of $26,220 in
Public Transportation Funds and $12,472 in CARES Act funding, along with unknown but anticipated
fare revenues, leaves a balance owing of El Mirage's contribution in the amount of $30,904.  This amount
will come from the Arizona Lottery Funds (ALF).
  
 
 
Vice Mayor Delgado moved to authorize the City Manager to enter into an IGA with the Regional Public
Transportation Authority (RPTA), Valley Metro, for paratransit services for a seven (7) year agreement
with Arizona Lottery Funds covering the City's portion in an amount not to exceed $30,904 for FY2021;
seconded by Councilmember Shapera.  
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Vote: 6 - 0 Passed - Unanimously
 
5.
Consideration and action to enter into development agreement with Microsoft Corporation to provide
improvements to the City's water reclamation facility. (Public Works) 
Public Works Director Nick Russo reported this proposed development agreement relates to the PHX80
property for Microsoft's data center.   A background on the Microsoft commissioned study completed by
Corolla Engineers to analyze the impact of wastewater discharge from phase one of its data center project
was provided. The recommendation was the installation of ethylene filters to successfully accommodate
the phase one flows from the data center. The agreement was prepared to complete Corolla Engineers
study findings and Microsoft will pay the City $2.7 million to construct improvements outlined
maximizing the current configuration by installing additional components without the need for expanding
the capacity of the wastewater facility.  Upon Council approval the City will receive Microsoft funding
within thirty days of agreement execution; improvements will commence with a completion target date of
January 2021.
Councilmember Norton asked what flexibility the City had when its wastewater plant capacity is 2.5
million gallons and Microsoft was estimated to use 255,000 gallons per day and 288,000 gallons on a
peak day.  Mr. Russo responded the City has between 200 and 250 thousand gallons depending on current
developments.  The City's design threshold is eighty percent; upon reaching two million gallons a day the
County requires the City to incorporate an expansion design which is incorporated into next years capital
plan.  City Staff are working with engineers experienced with the City's wastewater plant design to
properly plan for wastewater collection and be able to expand its capacity utilizing the most efficient rate. 
Staff has a scheduled meeting to discuss possible upgrades.  Councilmember Norton expressed her
gratitude for Mr. Russo's forward thinking.  Vice Mayor Delgado asked if the City would at any time
overwhelm the groundwater reception and overflow the river.  Mr. Russo responded the City has a
discharge capacity at the plant of seven (7) acres and one is utilized at a time; he does not anticipate this
happening.
  
 
 
Vice Mayor Delgado moved to enter into a development agreement with Microsoft Corporation to
provide improvements to the City's water reclamation facility; seconded by Councilmember Shapera. 
 
Vote: 6 - 0 Passed - Unanimously
 
6.
Consideration and action to approve Resolution R20-05-07 setting miscellaneous fees and service charges
for FY 2020/21. (Finance)
Finance Director Robert Nilles reported this Resolution is to set the miscellaneous fees and service
charges for FY2020/21.  He reviewed fee removals and referenced Community Development's Traffic
Control Plan Review fee proposing an amendment to keep the current fee for an additional two months, at
which time changes will be made.  The fee schedule has been posted for sixty (60) days as required by
State statute law and the changes are noted in red.
  
 
 
Vice Mayor Delgado moved to keep the Traffic Control Plan Review Fee and approve Resolution
R20-05-07 setting miscellaneous fees and service charges for FY2020-21 as amended; seconded by
Councilmember Shapera 
 
Vote: 6 - 0 Passed - Unanimously
 
7.
Consideration and action to approve Resolution R20-05-08 adopting the tentative budget thereby setting
the maximum expenditure limit for FY20-21.  (Finance)
Finance Director Robert Nilles presented this item stating the Tentative Budget sets the limits which can
decrease but may not be higher than this amount for the final budget.  The maximum expenditure
limitation for the City of El Mirage for FY2020/21 will be $86,047,500 including transfers of $5,860,000
  
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and other financing uses of $2,385,000.  The limit is $7,766,500 less than last year's limit.  This limit may
be reduced further if updated project numbers are available before adopting the final budget.  Mr. Nilles
itemized the FY2020/2021 Council budget workshop changes and reviewed carry forward projects.  He
identified the City Manager's key initiatives and provided a breakdown of the tentative budgets allocated
funds for both revenues and expenditures and carry forward projects, to reflect a healthy fund balance of
$65.8 million dollars.  Councilmember Shapera stated he wanted clarification that the Fire operations
review should state needs for the next two, four, six, or eight years and Mr. Nilles responded that this item
would be brought back to Council prior to going out to bid.  Mr. Nilles provided a diverse breakdown of
the City's fund source and use of funds by category.  He further stated that the City has not received
updates from the League or State regarding State shared revenues but can report that sales tax numbers for
the City in March were strong.  When Council adopts the tentative budget it sets the legal level of the
budget and the City may not exceed this limit.  The budget process to date was reviewed and next steps
identified as a public hearing for property taxes (TNT), and adoption of the final budget are scheduled for
June 2, 2020, and adoption of the property tax is scheduled for June 16, 2020.
Councilmember Shapera asked City Attorney Justin Pierce what procedure was needed to decrease the
Court's budget.  Mr. Pierce responded that Council, by consensus, can instruct the Finance Director to
reduce certain items; the overall budget number would remain the same as when funds are removed from a
line item, they would need to be placed under another line item within the budget.  Councilmember
Shapera asked if Court's budget could be decreased by $25,000 and transferred to Council Contingency or
some other line item.  Mr. Nilles stated this item could be brought up during the final budget if it was the
consensus of the Council.  Councilmember Shapera expressed his concerns regarding the cost to the City
for a Pro Tem Judge who only works two days weekly.  Councilmember Norton asked what the $25,000
was based on.  Councilmember Shapera responded the City was paying $31,000 annually for a pro tem so
that if $25,000 were removed the ability to have a pro tem was still there.  He explained that other cities
are not paying $31,000 annually for a pro tem while also paying $80,000 plus annually for a judge that
isn't always present at the Courthouse.  Councilmember Norton asked if funds are removed would
remaining funds be utilized for the pro tem or would funds be pulled from another area within the Court's
budget.  Mayor Hermosillo expressed her concerns regarding moving forward with this action that the
City runs the risk of those funds being spent.  Councilmember Shapera explained that funds could be
returned out of Council Contingency if the need called for it, but he believes that for now, too much is
being spent on the City Judge who isn't always present.  Councilmembers Dorcey, Winston and Vice
Mayor Delgado echod Councilmember Shapera's statements.  Councilmember Norton wants to make sure
the City can monitor the actions resulting from a decrease in the Court's budget item.  Mayor Hermosillo
stated Council had come to a consensus on this item for future action.
 
 
Vice Mayor Delgado moved to approve Resolution R20-05-08 adopting the tentative budget thereby
setting the maximum expenditure limit for FY20-21; seconded by Councilmember Shapera. 
 
Vote: 6 - 0 Passed - Unanimously
 
8.
Consideration and action to nominate an applicant to fill the Council vacancy resulting from the
resignation of former Councilmember Lynn Selby.
Mayor Hermosillo recognized all applicants who pursued this opportunity and encouraged continued
involvement with the City and local Community.  
  
 
 
Councilmember Norton nominated Kallimayor Richards as the successful applicant to fill the Council
vacancy resulting from the resignation of former Councilmember Selby; seconded by Councilmember
Dorcey.  Roll Call vote was taken. 
 
Vote: 5 - 0 Passed
 
Other: Councilmember David Shapera (ABSTAIN) 
 
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7.
CITY MANAGER'S COMMENTS & SUMMARY OF CURRENT EVENTS 
The City Council may not act upon any matter in the City Manager's summary but may have general
comment or questions.
City Manager Dyches had no comments.
 
8.
MAYOR'S COMMENTS and COUNCIL SUMMARY OF CURRENT EVENTS 
The Mayor and City Council may not discuss or act upon any matter in the summary unless the specific
matter is properly noticed for legal action.
Mayor Hermosillo recognized Public Works Week and expressed her gratitude to Public Works Staff for
maintaining the City.
Councilmember Dorcey expressed her gratitude to City Staff for their seamless work during the
COVID-19 shutdown and its conclusion.
Councilmember Winston expressed her gratitude for the repaving of City streets.
Councilmember Norton advised residents to stay safe during this time.
Vice Mayor Delgado attended the CDAC meeting telephonically and reported the City received an
extension for its current CDBG grant, and an additional CDBG grant for $75,000.
Councilmember Shapera echoed Councilmember Dorcey's comments and expressed his gratitude to the
El Mirage Police Department for a job well done.
 
9.
ADJOURNMENT - The meeting was adjourned at 7:33 pm.
 
_____________________________
Alexis A. Hermosillo, Mayor
ATTEST:
______________________________
Sharon Antes, City Clerk
I hereby certify the aforementioned minutes are a true and accurate record of the Regular El Mirage City Council
Meeting held on Tuesday, May 19, 2020 and a quorum was present. 
  
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