6 15 2021 Minutes DRAFT

City of El Mirage — Regular Meeting (2021-07-08)

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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, JUNE 15, 2021
Minutes
 
   
       
   
1.
ROLL CALL
Present: Mayor Alexis Hermosillo; Vice Mayor Monica Dorcey; Councilmember Roy Delgado;
Councilmember Anita Norton (via phone); Councilmember Mike Hutchinson; Councilmember
David Shapera; Councilmember Donna Winston 
2.
CALL TO ORDER
Pledge of Allegiance
Moment of Silence
 
3.
PRESENTATION
 
1.
Presentation by Bird Rides, Inc. to introduce their stand-up electric vehicle sharing program. 
(Development Services)
Development Services Director Jorge Gastelum introduced Kate Shoemaker of Bird Rides, Inc. who
presented remotely. 
Councilmember Shapera stated he believed there would be no problem in providing a trial and asked
Ms. Shoemaker about competitors. Ms. Shoemaker replied she does not anticipate much competition
initially. Vice Mayor Dorcey asked for clarification on the fleet manager and was advised the
manager would be an El Mirage resident. Councilmember Delgado asked how the scooters are
powered and was told they are electric and would be charged by the Fleet Manager.  He also asked
about helmets and was told users are encouraged to wear them however they are not required in
Arizona. Councilmember Shapera stated competition should be allowed if the program is approved
and not be an exclusive contract. Councilmember Hutchinson asked whether the app included a
waiver of liability and was advised there is a user agreement on-line. He further asked if the City
would be listed as an additional insured and was advised yes.  Councilmember Norton asked what the
maximum speed for the scooters would be, how the braking system worked, and how many
accidents/fatalities have occurred; Ms. Shoemaker answered they run at 15 mph, have a hand braking
system, and she did not have stats on the number of accidents/fatalites, if any.

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 comments 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 Tuesday, June
1, 2021. (City Clerk)
  
 
2.
Consideration and action to approve the destruction of municipal documents that have reached the
end of their retention period as authorized under A.R.S. §41-151.19. (City Clerk)
  
 
3.
Consideration and action to approve a purchase with CDW-G for Microsoft Office 365 utilizing State
of Arizona Contract ADSPO17-149774 in an amount not to exceed $36,851.50. (Information
Technology)
  
 
4.
Consideration and action to approve the purchase with CDW-G for Cisco Smartnet maintenance
agreement in an amount not to exceed $40,267.80 utilizing Natiponal IPA Contract 2018011-01. 
(Information Technology)
  
 
5.
Consideration and action to authorize the City Manager to negotiate and enter into an IGA with
RPTA for Regional ADA Paratransit Service for FY21-22.  (Grants)
  
 
6.
Consideration and action to approve contract PW21-CM01 for Custodial Service for City facilities
with Plan B Facility Services in an amount not to exceed $83,628 for FY22. (Public Works)
  
 
7.
Consideration and action to approve contract PW21-TSM01 for Traffic Signal Maintenance Services
for the City with Redhawk Solutions LLC in an amount not to exceed $115,500 for FY22 services.
(Public Works)
  
 
8.
Consideration and action to authorize the City Manager to enter in budgeted goods and services
contracts to allow Public Works to perform their duties during FY 21/22. (Public Works)
  
 
9.
Consideration and action to approve the West Valley Mobile Field Force Response Team (MFFRT)
IGA with an expiration date of July 1, 2026.  (Police Department)
  
 
10.
Consideration and action to approve a PSPRS funding policy for Police and Fire.  (Finance)
 
  
 
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June 15, 2021

Vice Mayor Dorcey moved to approve Consent Agenda items 1-10 as presented; seconded by
Councilmember Shapera. 
 
Vote: 7 - 0 Passed - Unanimously
 
6.
REGULAR AGENDA
 
1.
A Public Hearing, closure of Public Hearing followed by consideration and action to approve a
Zoning Application for a Conditional Use Permit request for a Non-Profit, Kiosk and Open
Air-Market Use, approve a request to deviate from the Thunderbird Road Overlay District
regulations, and a Site Plan Approval for a Commercial Retail and Religious Assembly Use located
at 12601 W. Thunderbird Road submitted by Destiny Ministries, LLC.  (Development Services)
Planner/GIS Jose Macias presented this proposal; applicants Sean Gillespie and Richard Womack
were present to answer questions. There are eight acres of vacant land located at 12602 W.
Thunderbird Road and zoned UC Urban Corridor/Thunderbird Road Overlay District.  The General
Plan lists this area as "The Neighborhood."  Mr. Macias reviewed the action item P21-03-10 ELM
Community Center & Mercado Conditional Use Permit & Site Plan approval and showed maps of the
site, elevations and buildings. He highlighted the stipulations to include that the applicant shall
consent to the zoning stipulations and address all the Technical Advisory Committee (TAC)
comments/redlines stated in the May 2, 2021 memorandum with the construction and civil plan
submittals.
Mayor Hermosillo opened the Public Hearing.
Mayor Hermosillo, Vice Mayor Dorcey, and Councilmembers Hutchinson, Norton, Shapera, and
Winston had numerous questions on this project.  Specific questions raised to the applicant were
concerns about the enclosed containers having proper fire suppression, does the City Code allow
vendors on a permanent basis and who selects the vendors, will the entertainment and vendors
include local artists, what experience does the applicant have in organizing and conducting this type
of concept, will a cut on Thunderbird Road be required and would a traffic signal be needed for
ingress/egress, why bring the project forward now without a completed traffic study, will the coffee
shop be a permanent structure meeting fire codes and including proper plumbing, what types of
businesses are planned for the kiosks and will they have electricity, what are the hours/days of
operation for the kiosks, where are public restrooms, and will the stage area be close to residents that
may cause noise disturbances.  The applicant advised Council that the concept was to create diversity
and a family friendly atmosphere with the various components of the project. Applicant provided
clarification on some issues raised; a Project Manager would be assigned to oversee the operations,
the containers will be fireproof to code, local artists would be sought for the entertainment and events,
they have not done this concept in any other area nor have experience with this type of operation, a
road cut on Thunderbird Road would be determined once a complete traffic study was available, the
kiosks would have electricity and be open seven days per week for mostly craft sales, public
bathrooms would be located on the west side of the Mercado. 
Hearing no comments from the public, the Mayor closed the Public Hearing.
During the Council discussion period Councilmember Hutchinson stated the traffic study needs to be
completed before he could decide on this project.  Vice Mayor Dorcey stated the numbr of waivers
being requested caused her concerns.  She is not in favor of altering the Thunderbird Overlay or the
request for a reduction in parking spaces, not having enough information on the need for a traffic
signal or a completed traffic study, and she is not sure this is an appropriate space for this project. 
Councilmember Shapera also stated he believed there were too many unjustified waiver requests and
doesn't think this is a good project.  Councilmember Winston stated her belief that this project is good
but there are too many concerns at this time. Mayor Hermosillo agreed with Councilmember Winston
  
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June 15, 2021

about the issues though she understands the concept. Councilmember Norton stated she did not
believe the stage sound would be a problem with residents to the south as long as the speakers pointed
north. Mayor Hermosillo suggested Council review this project again once more information is
available.  Councilmember Shapera disagreed stating they should not come to Council without
complete information and that a vote should be taken; he stated the project is not dead but the
applicant needs to work with staff to revise and bring back to Council.
Councilmember Norton moved to table and discuss at a future meeting; motion failed for lack of a
second.
 
 
Councilmember Shapera moved to deny the project for reasons discussed; seconded by Vice Mayor
Dorcey. 
 
Vote: 5 - 2 Passed
 
NAY: Mayor Alexis Hermosillo 
 
Councilmember Anita Norton (via phone) 
 
2.
Consideration and action to approve Ordinance O21-06-08 adopting the City’s property tax levies for
Fiscal Year 2021-2022.  (Finance)
Finance Director Robert Nilles explained the maximum allowable primary property tax levy, amount
received from primary property taxes in the current year, property tax levy amounts, property taxes
collected and property tax rates.  The secondary levy stays the same and the primary levy is dedicated
by Council to Police and Fire increases by approximately $250,000.  The primary and secondary
rates are reducing from a combined $3.68 to $3.39 per $100,000 of assessed valuation.  Adopting
Ordinance O21-06-08 is the final step in the property tax levy process.
  
 
 
Vice Mayor Dorcey moved to approve Ordinance O21-06-08 adopting the City's property tax levies
for Fiscal Year 2021-2022; seconded by Councilmember Shapera.  
 
Vote: 6 - 1 Passed
 
NAY: Councilmember Mike Hutchinson 
 
3.
Consideration and action to approve timing revisions to the all-red clearance intervals for traffic
signals controlled by the City. (Development Services)
Development Services Director Jorge Gastelum reported that a request had been received by the
Engineering staff to increase the all-red clearance interval (the period of time that follows the yellow
signal indication). The increase in this interval is an attempt to prevent collisions by providing the
additional time needed to clear the intersection.  While the increase to the all-red clearance interval
will reduce the "optimization" of the timing of a signal and reduce the available green time at signals
that are coordinated, the additional time could also add a measure of safety without unduly reducing
the traffic flow.
Councilmember Shapera stated the intent is to make the Dysart and Thunderbird intersection safer. 
Vice Mayor Dorcey stated she believes Dysart and Cactus Roads should also be tested and that more
data should be gathered to see if timing changes reduce accidents.  Councilmembers Shapera and
Hutchinson commented there should be more discussion as more data is available. 
  
 
 
Vice Mayor Dorcey moved to approve the timing revisions to the all-red clearance intervals for traffic
signals controlled by the City; seconded by Councilmember Shapera. 
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Regular Meeting - Council Minutes
June 15, 2021

Vote: 7 - 0 Passed - Unanimously
 
4.
Consideration and action to approve the recommendations of the Commission Review Board for
Planning & Zoning Commissioners to fill three 2-year terms and complete a vacancy for a one 1-year
term; proposed Commissioners are incumbents Skip Ast and Martin Crosby, and Bob Jones each for
a 2-year term and Leonard Gradillas for the 1-year term.  (Commission Review Board
Mayor Hermosillo, Councilmember Norton, and Councilmember Shapera)
Mayor Hermosillo commented and Councilmember Shapera concurred that there were numerous
good applicants to choose from for service on the Planning and Zoning Commission.
  
 
 
Vice Mayor Dorcey moved to approve the recommendations of the Commission Review Board for
P&Z Commissioners to fill three 2-year terms and complete a vacancy for a 1-year term; proposed
Commissioners are incumbents Skip Ast and Martin Crosby, and Bob Jones for a 2-year term and
Leonard Gradillas for the 1-year term; seconded by Councilmember Shapera. 
 
Vote: 7 - 0 Passed - Unanimously
 
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 reported that the ARPA Funding will be just under $12,000,000 and that there
will be a Council Work Session on this topic at the August 17, 2021 Council meeting.
There will also be a presentation and discussion regarding MAG Prop 400 at a Council Work Session
on September 9, 2021 (Thursday).
 
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.
Vice Mayor Dorcey expressed her appreciation and complemented City Managr Dyches on her
MAG presentation regarding the Regional Homelessness Coalition; recommendations are anticipated
in the Fall.  Councilmember Delgado stated he toured AVANTI Windows and Doors along with a
number of other Council members and staff; he described the tour and stated he is looking forward to
AVANTI coming to the City of El Mirage. Councilmember Norton also attended the AVANTI tour
and believes they will be a great partner with the City of El Mirage.  Councilmember Shapera did a
ride-a-long with Officer Teron Clay and stated he was surprised at the number of homes with exterior
cameras. He encouraged staff to buy the new plug-in hybrids for common areas of the City to be an
example for residents. Councilmember Winston thanked everyone for their patience regarding the
service dog training during the meeting.  Mayor Hermosillo wished a happy birthday to Amber
Wakeman (June 15), Councilmember Winston (June 17), and Police Chief Paul Marzocca (June 2).
 
9.
ADJOURNMENT -  the meeting adjourned at 7:23 pm.
 
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Regular Meeting - Council Minutes
June 15, 2021

_____________________________
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, June 15, 2021and a quorum was present. 
  
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Regular Meeting - Council Minutes
June 15, 2021