DRAFT Minutes - April 1, 2025 Council Meeting
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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, APRIL 1, 2025 Minutes 1. ROLL CALL Present: Mayor Alexis Hermosillo; Vice Mayor Jacquelyn Parsons; Councilmember Monica Dorcey; Councilmember Ryan Eldridge; Councilmember Scottie Gentry; Councilmember Anita Norton Absent: Councilmember Donna Winston 2. CALL TO ORDER - meeting called to order at 6:00 p.m. Pledge of Allegiance Moment of Silence 3. PROCLAMATIONS 1. Proclamation declaring the month of April as Sexual Assault Awareness Month. (Administration) Mayor Hermosillo read a Proclamation declaring April as Sexual Assault Awareness Month. 2. Proclamation declaring April 2025 as Fair Housing Month. (Administration) Mayor Hermosillo read a Proclamation declaring April as Fair Housing Month. 3. Proclamation declaring April 1 through April 30, 2025, as Water Awareness Month in El Mirage. (Public Works) Mayor Hermosillo read a Proclamation declaring April as Water Awareness Month. 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. Steve Gilliam, resident, spoke about code enforcement and code compliance in reference to the postcards that are being sent out by the City. He stated there were postcards in mailboxes and trash cans, and it was costly to print the postcards and suggested placing these in the water bill in the future. Mr. Gilliam stated there was a vacant lot with a lot of debris and parts of a palm tree that has not been cleaned up, as well as sidewalks that are littered with trash that prohibits pedestrian traffic. Mr. Gilliam also expressed his concern about a hot air balloon that landed within city limits that could have caught fire or caused injury. Phillip Bynum, resident, stated that hot air balloons within city limits are very dangerous because of the helium that could cause explosions. Mr. Bynum spoke about the four day city work week and changing to five days a week. He stated that there is a need to reach out to the neighborhoods and research what the residents need. Jim McPhetres, resident, stated that he does not want a tow yard on Grand Avenue and the city should refocus Grand Avenue, Thunderbird and Greenway Roads to be the epicenter that attracts people to buy things and generate revenue for the city. Mr. McPhetres stated that executive sessions were coming up. He expressed his concern about negotiating a settlement or litigation and residents should hear those conversations. 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 Work Session and Regular Council Meeting held Tuesday, March 18, 2025. (City Clerk) 2. Consideration and action to accept a Public Water Easement for the purposes of installing and operating a municipal waterline for the property at 12329 West Bola Drive, Surprise, AZ 85378. (Development Services - Engineering) 3. Consideration and action to request and accept funds, if awarded for FY2026 Court Security Improvement Grants from the Administrative Office of the Courts for an approximate amount of $25,000 to enhance and increase security measures in the Court and authorize Finance to make the necessary budget transfers. (Grants/City Court) Vice Mayor Parsons moved to approve Consent Agenda Items 1-3; seconded by Councilmember Dorcey. Vote 6 - 0 Passed - Unanimously 6. REGULAR AGENDA 1. A public hearing, followed by a consideration and action on a conditional use permit zoning application for outdoor storage use in an Urban Corridor zone for a towing storage yard proposed by Greenway Towing LLC, at 11925 NW Grand Avenue, El Mirage, Arizona 85335. (Development Services - Planning & Zoning) Mayor Hermosillo opened the public hearing. Jose Macias, Senior Planner gave a presentation on the conditional use permit zoning application for outdoor storage use proposed by Greenway Towing LLC, located at 11925 NW Grand Avenue, El Mirage, Arizona 85335. As part of the presentation, Mr. Macias noted 11 stipulations staff developed per code that would need to be addressed. Mr. Macias stated one neighbor expressed concerns about the traffic created by three tow trucks that were parked on the street as well as cars parked at the canal across the street that are either being worked on or waiting to be picked up. 2 Regular Meeting - Council Minutes April 1, 2025 Jared Urban, applicant, stated that since the last meeting a diligent effort has been made to keep the vehicles to 16 or less in the storage facility and that the operation has been cleaned up significantly with vehicles being picked up and released regularly. He stated that in January 47 vehicles were towed in, and 46 vehicles released, February 43 vehicles towed in, and 43 vehicles released, with the average length of storage being about two days. Steve Gilliam, resident, stated he is concerned with fire hazards because of lithium non-gas vehicles that could catch on fire and take all the resources from the Fire Department. He also stated this is too close to a residential neighborhood and questioned if there would be security. Phillip Bynum, resident, stated he was concerned about fluids leaking and not hearing anything about groundwater separators to protect the public. Jim McPhetres, resident, stated this business is not in the appropriate area and there are other parcels in the city limits that could accommodate this business. He also stated his concern for electric vehicles and the possibility of combustion and being in a residential neighborhood close to homes. Cindy Gentry Olivares, resident, stated her concern that there was only one entrance and the lack of security for the business. Jared Urban, applicant, stated there is security for the business that consists of cameras for the property as well as a live applicant who stays there all night long. He stated the Fire Department asked that a certain lock be placed on the gate that would give them access, but it was no longer needed because of the security at the facility. He also stated that 98% of the vehicles that are towed to the yard are not electric vehicles and, if so, the batteries are cut. Councilmember Dorcey questioned why a permit was not obtained from the city prior to opening the tow yard and if there was a space in Surprise that could accommodate the business. Mr. Urban stated that he was unaware of the special use permit process for the City of El Mirage and has been trying to move through the process. He stated it was not the intention of the company to disrespect El Mirage's policies. In addition, they are still looking for properties in the West Valley to accommodate the operation, but needed to move quickly in this emergency situation. Councilmember Eldridge questioned what kind of fire measures the company was going to help with and what the plan is for liquids that would be seeping into the ground, such as gasoline and oil. Mr. Urban stated the Fire Department had access to the yard and in the 38 years he has been in business there has never been a vehicle that has caught fire. He indicated that it is possible and there would be staff on duty 24/7 that would be available if something were to happen. He stated the Environmental Protection Agency (EPA) does random inspections to make sure they are in compliance, as well as they use oil dry on the road and in the yard and discard as necessary. Councilmember Gentry asked how many vehicles were in the tow yard in January, are vehicles towed that have not been in accidents, how long the vehicles stay in the tow yard, and where customers park their cars when visiting the tow yard. Mr. Urban stated that in January there were 47 cars towed but not in the lot at the same time as vehicles come and go on the same day. He stated that at times vehicles are towed that have not been in accidents, such as vehicles without registrations, but that does not frequently happen. He also stated on average, a vehicle remains in the tow yard for approximately two days and 3 Regular Meeting - Council Minutes April 1, 2025 customers are allowed to park in the neighboring business by permission from the landlord of the property. Councilmember Norton asked if Mr. Urban could clarify the number of entrances into the facility, and he stated there are three entrances/exits that could be used for the property. Councilmember Dorcey asked why 31 vehicles were parked in the lot in the fall. Mr. Urban stated the business had just moved there and closed down another tow yard and was in the process of getting organized. Mayor Hermosillo closed the public meeting. Mayor Hermosillo stated after hearing from the applicant and the progress that was made, she would support the application. Councilmember Norton agreed. Councilmember Eldridge stated he applauded the effort to bring business to El Mirage but believes this is the wrong area for this type of business, and he is concerned about fire safety and would not support the application. Councilmember Gentry moved to table the item. No second was received and the motion failed. Councilmember Dorcey stated that she was bothered about the item because they were in business for six months before inquiring if they needed a permit. She stated she would vote for the item and strongly recommends they follow the stipulations outlined in the presentation. Justin Pierce, City Attorney, stated when a conditional use permit is granted with stipulations under the code, if the stipulations are not met, the conditional use permit can be revoked. Vice Mayor Parson moved to approve the application for outdoor storage use in an Urban Corridor zone for a towing storage yard proposed by Greenway Towing LLC, at 11925 NW Grand Avenue, El Mirage, AZ 85335; seconded by Mayor Hermosillo. Vote 4 - 2 - Passed Yay - Mayor Hermosillo, Vice Mayor Parson, Councilmember Dorcey, Councilmember Norton Nay - Councilmember Gentry, Councilmember Eldridge 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. Cyrstal Dyches, City Manager, invited everyone to the El Mirage Spring Faire on Friday, April 4, 2025, at Bill Gentry Park. 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 stated she had an amazing time at the Movie in the Park Event on March 21, 2025, and thanked staff and council for their participation. Vice Mayor Parsons stated that she had a great time at the Spring Faire and attended the West Valley Partners Luke Air Force Base Defense Funding meeting with the West Valley Partners, Federal Advocates and several West Valley Mayors where they discussed updates regarding 4 Regular Meeting - Council Minutes April 1, 2025 federal funding bills for the US Department of Defense and the strategic priorities associated with Luke Air Force Base. Councilmember Eldridge stated he had a great time at the Movie in the Park Event and enjoyed seeing all the families who attended. He expressed that these types of events are important because they are for the community and much-needed. He also stated that he is looking forward to the Spring Faire this weekend. Councilmember Gentry stated that she and her family had a great time at the Movie in the Park Event, and she is looking forward to the Spring Faire on Friday. She also stated she attended the Spring Carnival with her family, and it was nice to see residents and reminded her of when she grew up in El Mirage. She also attended the Cesar Chavez Banquet and Awards Dinner where she was invited to sit at the Ervin Cutwright Northwest Black History Committee table as a guess and was acknowledged as an El Mirage City Councilmember. 9. EXECUTIVE SESSION 1. Consideration and action to convene into Executive Session pursuant to A.R.S. § 38-431.03.A.5 for discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations with the El Mirage Police Association to reach an agreeable memorandum of understanding as required by City Code (Human Resources) 2. Consideration and action to convene into Executive Session pursuant to A.R.S. § 38-431.03.A.3.for legal advice related to possible inclusion in class action litigation. (Public Works) Vice Mayor Parsons moved to convene into Executive Session pursuant to A.R.S. §38-431.03.A.3 for legal advice related to possible inclusion in class action litigation; and pursuant to A.R.S. § 38-431.03.A.5 for discussion or consultation with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations with the El Mirage Police Association to reach an agreeable memorandum of understanding as required by City Code; seconded by Councilmember Dorcey. Vote 6 - 0 Passed - Unanimously 10. RECONVENE INTO REGULAR SESSION Mayor Hermosillo reconvened the Regular Session of the City Council Meeting at 8:31 p.m. REGULAR AGENDA - Continued 1. Consideration and action to approve an agreement for legal services related to inclusion in class action litigation on a contingency fee basis. (Public Works) Vice Mayor Parsons moved to approve an agreement for legal services related to inclusion in class action litigation on a contingency fee basis; seconded by Councilmember Dorcey Vote 6 - 0 Passed - Unanimously 5 Regular Meeting - Council Minutes April 1, 2025 11. ADJOURNMENT - meeting adjourned at 8:32 p.m. ___________________________ Alexis A. Hermosillo, Mayor ATTEST: ___________________________ Jill A. Boltz, 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, April 1, 2025, and a quorum was present. 6 Regular Meeting - Council Minutes April 1, 2025