5.21.2024 Regular Council Meeting Minutes DRAFT
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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, MAY 21, 2024 Minutes 1. ROLL CALL Present: Mayor Alexis Hermosillo (via Phone); Councilmember Roy Delgado; Vice Mayor Monica Dorcey; Councilmember Bob Jones; Councilmember Anita Norton; Councilmember David Shapera; Councilmember Donna Winston 2. CALL TO ORDER - MEETING CALLED TO ORDER AT 6:00 PM Pledge of Allegiance Moment of Silence Introduction of new City employee Parks and Recreation Director Sean VanRoenn introduced Recreation Coordinator Larry Garcia. 3. PROCLAMATION 1. A proclamation to proclaim May 19-25, 2024, as Public Works Week in El Mirage. (Public Works) Public Works Director Nick Russo provided historical information on Public Works Week with the theme of "Advancing the Quality of Life for All." Vice Mayor Shapera proclaimed May 19-25, 2024, as Public Works Week in 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. Resident Paul Boswell stated the loud music and late night parties are still taking place in his neighborhood. Mr. Boswell stated he had talked with the police about the issue, and they told him there was nothing they could do until after 10:00 pm. Mr. Boswell stated 8:00 pm would be a better time to limit the loud music. He was directed to leave his contact information for follow-up by the City Manager and Police department. Resident Cheryl LoGalbo asked the Council to be aware of people squatting in homes and kicking out the homeowners while the homeowner is still responsible for paying the mortgage and other expenses. Ms. LoGalbo asked Council to get ahead of the problem before it happens. Jim McPhetres stated the loud music problem is also accompanied by a fireworks problem. Mr. McPhetres asked why El Mirage residents are paying APS for the electricity being used at charging stations but Council did not approve putting LED lights in the park. Mr. McPhetres then stated the property tax increase is hard on the residents, and he hopes it is dedicated to Public Safety as promised. Resident Jeff Lach stated he is opposed to the tax increase, and he has never been asked if he wants an increase. Mr. Lach stated the increase needs to go to Public Safety instead of the General Fund. 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, May 7, 2024. (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 -15I.19. (City Clerk) 3. Consideration and action to renew and enter into an Intergovernmental Agreement (IGA) with the Superior Court of Arizona in Maricopa County for Jury Services and authorize payments to the Superior Court of Arizona in Maricopa County at an annual cost not to exceed the Court’s budgeted amount of $2,000. (City Court) 4. Consideration and action to approve Resolution R24-05-13 to allow alcoholic beverages to be served and consumed at Gateway Park for a FFEMC Special Event Kickball Tournament on or about Saturday, October 19th, from 8 am - 6 pm. (Parks and Recreation) 5. Consideration and action to authorize the City Manager to enter into a sales agreement with APS to purchase one new wood pole to replace at Gentry Park ballfield for an amount not to exceed $6,148.64 and authorize the finance department to make any necessary transfers. (Parks and Recreation) 6. Consideration and action to approve the new upgrade agreement with Idemia for the Police Department's Livescan machine (electronic fingerprinting) and four MorphoIDent 2.0 portable fingerprint scanners, under State Contract CTR040047-4, for the amount of $7,082.64 (net of $5,000 trade-in allowance). (Police). 7. Consideration and action to enter into a 61-month non-cancelable contract with Bonterra Social Solutions for the use of the Apricot Victim Assistance software at a year-one cost of $5,294.43 and $4,887.00 annually, plus a 5% escalator, thereafter. This amount does not include taxes (Police). Councilmember Dorcey moved to approve Consent Agenda items 1-7 as presented; seconded by Vice Mayor Shapera. Vote: 7 - 0 Passed - Unanimously 6. REGULAR AGENDA 2 Regular Meeting - Council Minutes May 21, 2024 1. Consideration and action to authorize the City Manager to execute a supplementary programming agreement with the Northwest Valley YMCA to provide subsidized Sunday pool access and summer youth (ages 3-12) learn-to-swim programming for El Mirage residents at a cost not to exceed currently allocated budget amounts. (Parks and Recreation) Parks and Recreation Director Sean VonRoenn and YMCA Executive Director Mary Davis provided background information on the programming agreement. Councilmember Dorcey stated making maximum use of the pool is a good idea. Councilmember Norton stated she was very excited to see this happening. Councilmember Winston stated she is a huge supporter of this item and asked what the residents would need to show residency. Ms. Davis stated an identification card or a utility bill is all that will be needed. Councilmember Winston then asked when this would go into effect and Mr. VonRoenn stated the agreement should begin in June. Councilmember Jones stated he has been looking forward to a program like this for a long time. Vice Mayor Shapera encouraged everyone to be safe around water. Councilmember Norton moved to authorize the City Manager to execute a supplementary programming agreement with the Northwest Valley YMCA to provide subsidized Sunday pool access and summer youth learn-to-swim programming for El Mirage residents at a cost not to exceed currently allocated budget amounts; seconded by Councilmember Winston. Vote: 7 - 0 Passed - Unanimously 2. Consideration and action to approve Ordinance O24-05-03 abandoning, subject to conditions and reservations, portions of City right of way on Butler Drive, between Dysart Road and the 127th Avenue alignment, and 129th Avenue, between Butler Drive and Northern Parkway for the fee of $3,279,000 and authorize the Finance Department to make any transfers; and declaring an emergency. (Development Services) Assistant City Engineer Bryce Christo provided background information on the Ordinance. Councilmember Norton asked what the nearby property owners thought of this item and Mr. Christo stated the business owners did not have any objections. Councilmember Delgado thanked Mr. Christo for making the Cul de Sac large enough for double trailers to move in and out of the area. Councilmember Dorcey moved to approve Ordinance O24-05-03 abandoning, subject to conditionas and reservations, portions of City right of way on Butler Drive, between Dysart Road and 127th Avenue alignment, and 129th Avenue, between Butler Drive and Northern Parkway for the fee of $3,279,000 and authorize Finance Department to make any transfers; and declaring an emergency; seconded by Councilmember Jones. Vote: 7 - 0 Passed - Unanimously 3. Consideration and action to authorize the City Manager to enter into a Development Agreement with DPML Copperwing, LLC and DPML Copperwing Landco IV, LLC for the abandonment of Butler Drive and 129th Avenue. (Development Services) Mr. Christo explained this development agreement is required for the abandonment and provided more detail to the accompanying Ordinance just approved. Councilmember Dorcey moved to authorize the City Manager and Mayor Hermosillo to enter into a Develpment Agreement with DPML Copperwing, LLC and DPML Copperwing Landco IV, LLC for the abandonment of Butler Drive and 129th Avenue; seconded by Councilmember Jones. 3 Regular Meeting - Council Minutes May 21, 2024 Vote: 7 - 0 Passed - Unanimously 4. Consideration and action to hold a public hearing to permit any taxpayer to be heard in favor or against any proposed expenditure or tax levy. (Administration) Vice Mayor Shapera opened the Public Hearing. Budget Manager Macy Walker provided information on the proposed tax levy. Vice Mayor Shapera stated there have been misconceptions regarding the levy, and it is mandated to be distributed to Public Safety. Resident Jeff Lach asked where a tax increase and a tax levy become different from each other. Mr. Lach stated Council cannot tell residents that the 2% is going to police and fire and there is a lot of wasted spending in the budget. Resident Jim McPhetres stated he supported tax increases going to Public Safety years ago and still does today. Mr. McPhetres stated property values are decreasing and increases should be stopped until the economy improves. Resident Scottie Gentry stated El Mirage just received $3 million dollars and does not need a tax increase. Ms. Gentry stated residents should come first. Resident Paul Boswell stated the money should go to the police department so that they have a better response to things happening in the city. Resident Tom George stated his rent had increased, not decreased. Mr. George stated if his landlord's taxes go up, his rent would go up as well. Resident Ryan Eldridge stated this tax increase is too much and this is not the time for an increase. Hearing no further comments, Vice Mayor Shapera closed the Public Hearing. Councilmember Delgado asked how much the business owners would be paying with the increase and Ms. Walker stated business owners would be paying about 39%. Councilmember Dorcey stated the proposed rate is less than what is being paid now and Ms. Walker explained the property tax changes. Councilmember Norton stated this does not mean that overall residents will be paying more in their property taxes. Councilmember Norton stated she supports this item and the bulk of the levy will come from new construction. Councilmember Winston stated the language being used is mandated and required by the State of Arizona. Councilmember Delgado asked what the penalty would be if they did not increase the levy and Ms. Walker stated the City would remain under last year's levy. 5. Consideration and action to convene in a Special Meeting to determine and adopt proposed expenditure estimates pursuant to A.R.S. 42-17105. Adoption of Budget. (Administration) Councilmember Dorcey moved to convene in a Special Meeting to determine and adopt proposed expenditure estimates pursuant to A.R.S. §42-17105, Adoption of Budget; seconded by Councilmember Delgado. Vote: 7 - 0 Passed - Unanimously 6. SPECIAL MEETING OF THE COMMON COUNCIL OF THE CITY OF EL MIRAGE EL MIRAGE CITY COUNCIL CHAMBERS 10000 N. EL MIRAGE ROAD TUESDAY, May 21, 2024 Consideration and action to approve Resolution R24-05-14 to finally determine and adopt the FY 2024-2025 proposed spending limitation and budget of $117,854,000 for the City of El Mirage. (Administration) 4 Regular Meeting - Council Minutes May 21, 2024 Councilmember Dorcey moved to approve Resolution R24-05-14 to finally determine and adopt the FY2024-2025 proposed spending limitation and budget of $117,854,000 for the City of El Mirage; seconded by Councilmember Delgado. Vote: 6 - 1 Passed NAY: Councilmember Anita Norton 7. Consideration and action to close the Special Meeting and reconvene in a Regular Session. (Administration) Councilmember Dorcey moved to close the Special Meeting and reconvene in a Regular Session; seconded by Councilmember Delgado. Vote: 7 - 0 Passed - Unanimously 8. Consideration and action to approve the increased FY2024-2025 Primary Property Tax levy equal to the amount of $3,070,298, in accordance with Truth in Taxation legislation. (Administration) Councilmember Dorcey moved to approve the increased FY2024-2025 Primary Property Tax levy in accordance with Truth in Taxation legislation; seconded by Councilmember Delgado. Aye - Mayor Hermosillo, Vice Mayor Shapera, Councilmembers Delgado, Dorcey, Norton, Jones, Winston 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 Crystal 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. Councilmember Dorcey thanked staff for their efforts on the budget. Councilmember Jones stated staff did an awesome job on the budget this year, and he wanted staff to know they are appreciated. Councilmember Delgado stated he would like to add sidewalks to Myer Lane in the upcoming budget for the Community Development Block Grant (CDBG). Vice Mayor Shapera stated the recent events in Surprise reminded him of the difficult job the Police Department and Fire Department have and thanked them for thier dedication and hard work.. 9. ADJOURNMENT - MEETING ADJOURNED AT 7:07 PM Councilmember Dorcey moved to adjourn the meeting; seconded by Councilmember Delgado. Vote: 7 - 0 Passed - Unanimously 5 Regular Meeting - Council Minutes May 21, 2024 _____________________________ 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 21, 2024, and a quorum was present. 6 Regular Meeting - Council Minutes May 21, 2024