8 17 2021 Minutes DRAFT REG

City of El Mirage — Regular Meeting (2021-09-09)

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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, AUGUST 17, 2021
Minutes
1.
ROLL CALL
Present: Mayor Alexis Hermosillo; Vice Mayor Monica Dorcey; Councilmember Roy Delgado;
Councilmember Anita Norton; Councilmember Mike Hutchinson; Councilmember David Shapera;
Councilmember Donna Winston
2.
CALL TO ORDER - Meeting was called to order at 6:04 pm.
Pledge of Allegiance
Moment of Silence
Introduction of New Employees:
Police Chief Marzocca introduced Lieutenant Jimmy Chavez, Investigator Specialist Jim Hopson,
Officer Tyler Foster, Officer Rochelle Thomas, Officer Adrian Go.
Fiscal Services Administrator Macy Walker introduced Ben Williams, ASU Marvin Fellow Intern.
City Attorney Justin Pierce introduced Attorney Jon Paladini who is a new member of Pierce
Coleman law firm.
3.
PRESENTATION
1.
Presentation by Brigadier General Gregory Kreuder LAFB mission update. (Administration)
Brigadier General Kreuder provided an update on the operations at Luke Air Force Base. LAFB is
the largest fighter wing in the Air Force with over 165 aircraft and 7,000 personnel and is the
premier fighter training base which also provides space for allies to train.
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.
Dale Gazelka, Quartermaster/Adjutant, VFW Post 285, introduced himself and explained the
VFW is looking for a meeting location for future VFW meetings.

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 Thursday, July
8, 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. (Fire)
3.
Consideration and action to purchase from ProForce Law Enforcement, under State Contract
CTR049168, thirty(30) Colt AR-15 rifles and related equipment /accessories in the amount of
$1,782.78 each for a total cost of $58,350.39. (Police Department)
4.
Consideration and action to approve an agreement with 180 Solutions for a telecommunications
account audit at an estimated cost of not to exceed $5,000. (Information Technology)
5.
Consideration and action to authorize the City Manager to negotiate and enter into a fire study
agreement with the Center for Public Safety Management (CPSM) in an amount not to exceed
$52,500 plus a contingency of $10,000. (Administration/Finance)
6.
Consideration and action to submit an application to Maricopa County for $500,000 Community
Development Block Grant-CV authorized by the CARES Act and authorize finance to make the
necessary budget transfers. (Community Services/Grants)
Item 6 pulled from the consent agenda and addressed as a regular agenda item.
7.
Consideration and action to request and accept funds, if awarded, for a Community Impact Grant
Proposal from APS in an approximate amount of $20,000 to support El Mirage Special Events and
authorize Finance to make necessary budget transfers. (Community Services/Grants)
8.
Consideration and action to approve the purchase of a vacuum excavator from Ditch Witch of
America in an amount not to exceed $90,000 as part of CIP #62204. (Public Works)
9.
Consideration and action to approve the use of Garney Construction to complete FY22 CIP 62122 in
an amount not to exceed $537,000. (Public Works)
10.
Consideration and action to approve purchase of goods and services from Gen-tech for repairs to the
water reclamation facility generator in an amount not to exceed $40,000. (Public Works)
11.
Consideration and action to approve as to form the memorandum of understanding (MOU) to
support the Bartlett Dam Modification Feasibility Study and participate as outlined therein. (Public
Works)
12.
Consideration and action to approve the first amendment to Plains LPG Services, L. P. license
extending the expiration date by 10 years and amending the annual fee. (Development Services)
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13.
Consideration and action to authorize the City Manager to enter into a Professional Services
Contract with Rick Engineering Company to provide land surveying services for the proposed
Cheryl Drive half street improvements in the amount of $2,350. (Development Services)
14.
Consideration and action to authorize the City Manager to enter into a Professional Services
Contract with NFra, Inc. to provide engineering design services for the north side of Cheryl Drive
from El Mirage Road to 121st Avenue in the amount not to exceed $44,924. (Development Services)
15.
Consideration and action to authorize the City Manager to enter into a Professional Services
Contract with Lee Engineering to provide engineering design services for a Traffic Safety
Assessment at the intersection of Grand Avenue and Acoma Drive in the amount of $8,000.
(Development Services)
16.
Consideration and action to authorize the City Manager to enter into a Professional Services
Contract with J2 Engineering and Environmental Design, LLC to provide planning services for the
City's Courthouse facility in the amount of $10,186. (Development Services)
17.
Consideration and action to authorize the City Manager to enter into a Professional Services
Contract with J2 Engineering and Environmental Design, LLC to provide planning services for the
City's municipal buildings and recreational facilities in the amount of $97,520. (Development
Services)
18.
Consideration and action to approve a Contract with Nationwide Legal Services LLC to provide
Legal Process Service for Code Enforcement citations at a cost not to exceed $10,000.
(Development Services)
Vice Mayor Dorcey moved to approve consent items 1-5 and 7-18; seconded by Councilmember
Shapera.
Vote: 7 - 0 Passed - Unanimously
6.
REGULAR AGENDA
Consent Agenda #6. Consideration and action to submit an application to Maricopa County for
$500,000 Community Development Block Grant-CV authorized by the CARES Act and authorize
finance to make the necessary budget transfers. (Community Services/Grants)
Councilmember Shapera stated he does not approve of the walkway in the wash being created and
believes it will require too much upkeep and maintenance. Vice Mayor Dorcey asked City
Engineer Gastelum to explain the purpose of the walkway. Mr. Gastelum explained the walkway
would be paved and large enough for ADA standards. Councilmember Hutchinson agreed with
Councilmember Shapera and stated he could not support the request. Vice Mayor Dorcey stated
this request at this time is only to apply for the funding.
Vote: 5 - 2 Passed
NAY: Councilmember Mike Hutchinson
Councilmember David Shapera
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1.
A Public Hearing, closure of Public Hearing followed by a discussion and action on a Site Plan
Approval and Conditional Use Permit request for a Light Manufacturing Use in an Urban Corridor
Zone located at 12420 W. Thunderbird Road, Arizona 85335 submitted by Angel R. Torres.
(Development Services)
Mayor Hermosillo opened the Public Hearing.
Senior Planner Jose Macias presented information for a site plan and conditional use permit for a
modular building manufacturer currently leasing 5,000 SF of space in a building at 12420 W.
Thunderbird Road. The applicant, Angel R. Torres, explained this would be an indoor process with
various customers. He has been in this industry for twenty-four years and started his own business
six months ago.
Councilmember Norton asked if these buildings were built to order and Mr. Torres answered yes.
Councilmember Shapera asked where the dumpster would be located and where the parking area
lighting was located. Mr. Torres said the dumpster area will be enclosed and there were no lights yet
designated for the parking area. Councilmember Shapera advised they were required and Mr.
Macias answered that the parking area will be lighted per code requirements and this will be
addressed before project completion. Councilmember Shapera asked where Mr. Torres would
place the signage for the business. Mr. Macias advised there has not yet been an application for a
sign permit. Councilmember Delgado asked if Mr. Torres was the owner of the space and Mr.
Torres answered he is leasing the space at this time. Councilmember Delgado also asked if there
would be a sign in front of the property for this business and Mr. Torres advised he would have a
small sign posted initially. Mayor Hermosillo asked if Mr. Torres would be utilizing the entire
building for this business and Mr. Torres answered no, only 5,000 square feet.
Hearing no comments from the Public, the Mayor closed the Hearing.
Councilmember Shapera asked that the parking area lighting be addressed and stated this looks
like a good project. Councilmember Hutchinson agreed with Councilmember Shapera about the
lighting issue and agreed it was a good project. Councilmember Norton advised she is pleased to
see Mr. Torres taking the initiative with this endeavor.
Vice Mayor Dorcey moved to approve a site plan approval and conditional use permit request for a
light manufacturing use in an urban corridor zone with a stipulation added for parking lot lighting at
12420 West Thunderbird Road, Arizona 85335 submitted by Angel R. Torres; seconded by
Councilmember Norton.
Vote: 7 - 0 Passed - Unanimously
2.
A Public Hearing, Closure of Public Hearing, followed by a discussion and action on a Religious
Assembly Use Site Plan and Conditional Use Permit requesting to divert from the Thunderbird Road
Overlay District regulation located at 12625 W Thunderbird Road submitted by Radiant Church.
(Development Services)
Mayor Hermosillo opened the Public Hearing.
Senior Planner Jose Macias presented information on the amended site plan and advised that the
Planning and Zoning Committee has no objections to the project.
The applicant, stated the new site plan moves the building to the front of the property, close to the
roadway. He also explained that the facility would be a change life center as well as a church. Both
would provide numerous services to residents.
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Councilmember Shapera noted this was a better project than when first presented.
Councilmember Winston asked if they would still be using shipping containers and the applicant
responded no. Councilmember Norton state she liked the new plan and it would be beneficial to
the City. She asked if the church services were weekly and the applicant responded yes, there would
be gatherings seven days a week. Councilmember Hutchinson asked if they would provide
lodging at the facility and the applicant replied no. Councilmember Shapera asked what type of
structure the building would be and the applicant responded it would be a 20,000 SF steel frame
structure. Councilmember Delgado asked if there would still be bands performing and if there
would be access for traffic from the east. The applicant stated there would not be any band
performances and yes the traffic from the east would have access. Vice Mayor Dorcey asked what
the relationship was between Destiny Ministries and Radiant Church. The applicant explained that
the pastors were friends and partners sharing duties.
Hearing no comment from the public, Mayor Hermosillo closed the Public Hearing.
Councilmember Shapera stated the new plan looks nice and reminded the applicant that as they
grow so would their responsibilities to the City. Councilmember Delgado agreed with
Councilmember Shapera. Councilmember Norton stated the plan looked good and the parking
changes seem to address the traffic issues. Councilmember Winston thanked the applicant for
coming back with the changes.
Vice Mayor Dorcey moved to approve the Religious Assembly Use Site Plan and Conditional Use
Permit requesting to divert from the Thunderbird Road Overlay District regulation located at 12625
West Thunderbird Road submitted by Radiant Church; seconded by Councilmember Shapera.
Vote: 7 - 0 Passed - Unanimously
3.
A Public Hearing, closure of Public Hearing followed by consideration and action to approve
Resolution R21-08-21 to amend the City of El Mirage, Arizona Zoning Code, Land Use Volume 2,
Chapter 154: Zoning Code pertaining to the Rural Area Zoning District (Dysart Ranchettes) and
declaring the Resolution and attached Exhibit "A" as a public record (Development Services).
Mayor Hermosillo opened the Public Hearing.
Senior Planner Jose Macias presented information regarding R21-08-21. If approved by Council it
would go into effect on September 17, 2021. Mr. Macias also advised that there were public
meetings for residents to attend regarding the changes proposed as well as letters sent to all property
owners. Councilmember Norton asked City Attorney Pierce if they were also approving Exhibit
"A" and he stated that the approval of this item would be adopted as public record then the Council
could move to the next item for discussion of Exhibit "A".
Ranchettes resident Elizabeth Harmless stated that none of the Ranchette residents were on the task
force to discuss changes. She does not want the area to become an HOA. Ranchette resident Ed
Blanar stated he has lived in the area for over thirty years and wants to preserve the area as it has
been. He does not want businesses to be allowed and would like the current style of living
preserved. Ranchette resident Betty Harmless also stated she did not want an HOA in the
neighborhood. She would like to preserve the way of life as it is.
Hearing no further comments from the public, Mayor Hermosillo closed the Public Hearing.
Vice Mayor Dorcey moved to approve Resolution R21-08-21 to amend the City of El Mirage,
Arizona Zoning Code, Land Use Volume 2, Chapter 154: Zoning Code pertaining to the Rural Area
Zoning District (Dysart Ranchettes) and declaring the Resolution and attached Exhibit "A" as a
public record; seconded by Councilmember Shapera.
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Vote: 7 - 0 Passed - Unanimously
4.
Consideration and action to approve Ordinance O21-08-10 to amend the City of El Mirage, Arizona
Zoning Code, Land Use Volume 2, Chapter 154: Zoning Code pertaining to the Rural Area Zoning
District (Dysart Ranchettes), and declaring a public record by reference in Resolution R21-08-21,
including Exhibit A.
Senior Planner Jose Macias presented information regarding Ordinance O21-08-10 including Exhibit
"A." Councilmember Norton requested discussion prior to the approval of the amendment with
votes taken on individual sections of the Code. She stated there are several changes that cause
concern and many inconsistencies that cause confusion and will be difficult to enforce. She detailed
many items and definitions that were of concern to her and stated these changes would alter the
lifestyle of the Ranchettes. Below are the individual motions and action taken:
Councilmember Norton moved to amend O21-08-10 by retaining the word “ranching” in
Section 154.020 (B) Definitions – Agricultural/Ranching.
1.
Motion failed for lack of a second
Councilmember Norton moved to amend O21-08-10 by retaining “public stables” in Section
154.020 (B) Definitions – Stable, Public.
2.
Motion failed for lack of a second
Councilmember Norton moved to amend Section 154.090 C (2) by creating a new 154.090 B
(2) as follows: Cargo containers shall not be used for living quarters and shall not MAY be
provided with refrigeration, heating, electricity or plumbing THE SAME PROVISIONS AS
BUILDINGS; seconded by Councilmember Shapera.
3.
Passed unanimously 7/0.
Councilmember Norton moved to amend the new proposed Section 154.098 (B) (4) by
inserting an exclusion for property line fences and walls as follows: A detached accessory
building or structure shall have a setback of at least three (3) feet if fire rated and five (5) feet
if not fire rate, EXCLUDING PROPERTY LINE FENCES AND WALLS, from every side
and rear property line, with the following exemption or as otherwise stated within this
ordinance or applicable building or fire code; seconded by Councilmember Winston.
4.
Passed unanimously 7/0
Councilmember Norton moved to amend Section 154.098 D (1)(f) by changing to add “if
neither” building is owner occupied,” seconded by Mayor Hermosillo.
5.
Motion failed 3/4
AYE – Mayor Hermosillo
NAY – Vice Mayor Dorcey
NAY – Councilmember Delgado
NAY – Councilmember Hutchinson
AYE – Councilmember Norton
NAY – Councilmember Shapera
AYE – Councilmember Winston
Councilmember Norton moved to amend the new Section 154.105 (C) (2) as follows: Parked
orstored STORED vehicles shall not overhang into or obstruct any portion of a public
right-of-way; seconded by Mayor Hermosillo.
6.
Motion Passed – 4/3.
AYE – Mayor Hermosillo
AYE - Vice Mayor Dorcey
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NAY – Councilmember Delgado
NAY – Councilmember Hutchinson
AYE - Councilmember Norton
NAY – Councilmember Shapera
AYE - Councilmember Winston
Councilmember Norton moved to amend Section 154.098 C (1)(f) to eliminate proposed
hours of operation for home occupation; seconded by Mayor Hermosillo.
7.
Motion failed 3/4
AYE – Mayor Hermosillo
NAY – Vice Mayor Dorcey
NAY – Councilmember Delgado
NAY – Councilmember Hutchinson
AYE – Councilmember Norton
NAY – Councilmember Shapera
AYE – Councilmember Winston

Strike-through areas are to be deleted, underlined areas are new/approved as presented at Council
meeting, capital letters are amended items to proposed changes.
Vice Mayor Dorcey moved to approve Ordinance O21-08-10 to amend the City of El Mirage,
Arizona Zoning Code, Land Use Volume 2, Chapter 154: Zoning Code pertaining to the Rural Area
Zoning District (Dysart Ranchettes), with amendments, and declaring a public record by reference
in Resolution R21-08-21, including Exhibit A; 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 stated that the Certificate of Achievement for Excellence in Financial
Reporting was awarded to the City of El Mirage by the Government Finance Officers Association of
the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). This is
the tenth consecutive year the City of El Mirage has received this prestigious award. The Certificate
of Achievement is the highest form of recognition in the area of governmental accounting and
financial reporting, and this attainment represents a significant accomplishment by the City of El
Mirage. City Manager Dyches also reminded all that the library groundbreaking will be held
August 23 at 10 a.m. at the Fire Station Annex.
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 met with the Arizona
Coyotes today to tour the outdoor hockey facility and explore new opportunities for sports clinics at
the YMCA. She also spoke with Libby Coral from Valley of the Sun who stated a replacement
director will be in place very soon.
Councilmember Shapera asked Vice Mayor Dorcey and City Manager Dyches to speak with the
City Prosecutor regarding the Court remodel. He also thanked everyone for contributing to the
weekly report and appreciates the information provided each week.
Councilmember Winston stated the Public Safety Sub-committee meeting was a good discussion.
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Mayor Hermosillo thanked Councilmembers Delgado and Hutchinson for attending the Tippmann
Innovations ribbon cutting in her absence.
9.
ADJOURNMENT - Meeting adjourned at 9:17 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, August 17, 2021, and a quorum was present.

_____________________________
Sharon Antes, City Clerk
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