11 13 2024 DRAFT Minutes
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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 - WEDNESDAY, NOVEMBER 13, 2024 Minutes 1. ROLL CALL Present: Mayor Alexis Hermosillo; Councilmember Roy Delgado; Councilmember Monica Dorcey; Councilmember Bob Jones; Councilmember Anita Norton; Vice Mayor David Shapera; Councilmember Donna Winston 2. CALL TO ORDER Pledge of Allegiance Moment of Silence Introduction of new City employees - Police Chief Marzocca introduced new Police Officers Ryan May and Tyron Fletcher. 3. PROCLAMATION 1. Alzheimer's Awareness Month November 2024 Deputy Director Amber Wakeman introduced the proclamation, Councilmember Norton advised further of the need to promote awareness and support those who are caring for a loved one with the disease, and Mayor Hermosillo proclaimed November 2024 as Alzheimer's 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. Councilmember Elect Ryan Eldridge spoke on Consent Item #5 relating to speed cushions, stating he could find no record of the policy being approved by Council. He believed the policy was patterned after the policy in Peoria but would not work nor be sustainable in El Mirage. He also stated that the Vice Mayor appointment should not be made at this meeting but rather in December after the new Council is seated. Resident Donald Van Nevel stated he supports approval of the liquor license applications for Pueblo El Mirage, wanted to know why newly elected Council members were not being seated at this November meeting as in past years, and he supports Mr. Eldridge's opinion on seating of the Vice Mayor. Resident Jared Weiers spoke against the Vice Mayor position being determined at this meeting and stated the Council should respect voters' wishes. Resident Jeff Lach stated he agrees with Mr. Eldridge on the speed cushion issue. He made note of a recent accident that was caused by excessive speeding and while he believes the revised policy is a step in the right direction, more needs to be done and suggested installing a few to evaluate the results. Resident Cindy Oliveres expressed her belief that misleading and false information was disseminated by this Council when publishing that the new Parks & Recreation Director was the first-ever Parks & Recreation Director in El Mirage, claiming that was not true. Resident Steve Gilliam commented that he believed the resolution/ordinance with regard to State legislation on maintaining fowl was poorly written, and he further objected to the new proposed storage unit at the Police Station being considered during this meeting as uncontrollable spending. ON-LINE - Resident Sherri Siso stated she believed the Vice Mayor appointment should wait for the new Council because that is the voice of what voters want. 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, October 15, 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 approve the destruction of Personnel Records that have reached the end of their retention period as authorized under A.R.S. § 41-151.19. (Human Resources) 4. Consideration and action to accept a deed from Maricopa County Treasurer’s Office for parcel 501-37-876 and parcel 501-37-877 located east of Dysart Road north of Sweetwater Avenue bordering the wash area in Dysart Park subdivision and pay an offer of $200 and $50, respectively, pursuant to A.R.S. § 42-18303(E), to Maricopa County Treasurer contingent on acceptance of the offer by the Maricopa County Board of Supervisor’s at their first meeting in December 2024. (Administration) 5. Consideration and action to accept the proposed revisions to the City's Speed Cushion Installation Program. (Development Services/Engineering) 6. Consideration and action to approve the 2-year renewal agreement and add additional products to the Police Department's current PowerDMS contract for $22,349.39 for year one and $35,232.75 for year two plus applicable taxes (Police). 2 Regular Meeting - Council Minutes November 13, 2024 7. Consideration and action to approve the purchase of Police Department Property and Evidence area addition with freezer from Arizona Restaurant Supply for a cost not to exceed $126,765.67 ($124,765.67 plus a contingency of $2,000.00) (Police). 8. Consideration and action to approve the additional products added to the Police Department's current Vector Solutions scheduling contract for a pro-rated total of $10,927.83 and $20,295.92 for year three. (Police). 9. Consideration and action to approve a contract with Good News Construction to complete CIP 62521 WRF Equipment and Materials building in an amount not to exceed $250,000 (including a $13,142.45 contingency) and authorize the finance department to make any necessary transfers. (Public Works) 10. Consideration and action to approve a contract with ALK Asphalt for FY25 pavement maintenance work for an amount not to exceed $40,000 (including $2,669.25 of contingency) and authorize finance to make any necessary transfers. (Public Works) 11. Consideration and action to approve a contract with Arcadis for the design of the pump to waste system at the Canterbury well site as part of CIP 62065 in an amount not to exceed $62,400 and authorize the finance department to make any transfers. (Public Works) Vice Mayor Shapera moved to approve Consent Agenda Items 1-4 and 6-11 as presented; seconded by Councilmember Dorcey. (Item 5 moved to Regular Agenda) Vote: 7 - 0 Passed - Unanimously 6. REGULAR AGENDA Consent Agenda #5 moved to Regular Agenda 6.1.a - Consideration and action to accept the proposed revisions to the City's Speed Cushion Installation Program. (Development Services/Engineering) Assistant City Engineer Bryce Christo presented a PowerPoint to provide a history of the policy and suggested revisions to the current policy. Councilmember Norton questioned whether the policy was ever approved by Council as she could find no record in the minutes of June 2020. She further stated she believed the limitations and criteria for the new regulations are arbitrary and flawed. Vice Mayor Shapera stated he never liked speed cushions, believes in giving tickets to speeders and does not like the idea of HOA's making these decisions. Councilmember Delgado commented that engineers put a lot of work into the project, and he was putting his faith in the expertise of the engineering staff. Councilmember Winston reported on the speeding issues along Acoma from Grand Avenue to Dysart Road and fully supports changes to the policy as speed controls are necessary. Councilmember Dorcey explained the approval process stating concerns could be addressed to staff. Councilmember Jones confirmed with Mr. Christo that the policy contains industry standards but also believes speed cushions are necessary to protect children and does not believe HOAs should have authority on speed cushion decisions. Councilmember Norton expressed her desire for a work session on the matter, noting she agrees with the need for speed cushions, but the current policy recommendations are flawed and need further review. Vice Mayor Shapera moved to table Consent item #5 and reconsider for vote at the second meeting in January 2025 calling for a roll call vote; seconded by Councilmember Norton. 3 Regular Meeting - Council Minutes November 13, 2024 Vote - Passed (4-3) AYES: Vice Mayor Shapera, Councilmembers Norton, Delgado and Dorcey NAYS: Mayor Hermosillo, Councilmembers Jones and Winston 1. A public hearing, closure of public hearing followed by a discussion and action on Resolution R24-11-25 for proposed zoning text amendments to the City of El Mirage, Arizona Code of Ordinance Book, Title IX, Chapter 91: Animal Code, and declaring the Resolution and attached Exhibit "A" as a public record. (Development Services - Planning & Zoning) Mayor Hermosillo opened the Public Hearing Senior Planner Jose Macias gave a PowerPoint presentation noting the need for the change in City Code was to be in compliance with recent State legislative changes. Resident Ryan Eldridge noted he had previously commented at the recent Planning & Zoning meeting and has concerns over Code Enforcement potentially violating residents' privacy rights by having the ability to enter private property; he also asked how this new law would be communicated to residents. Resident Jeff Lach asked if there is State law why is there a need to change City code; Vice Mayor Shapera answered because City Code conflicts with state law and needs to reflect changes in State law. Resident Steve Gilliam stated the proposed resolution is poorly written and doesn't follow the state law. ON-LINE - Resident Sherri Siso stated she has a garden and is in favor of allowing chickens. Hearing no further public comments, Mayor Hermosillo closed the Public Hearing Councilmember Norton stated 1) in two sections of the proposed resolution, the word "shall" should be changed to "may," commenting that the City cannot dictate for people to have chickens, 2) she is concerned regarding Code Enforcement inspections potentially violating residents' rights, 3) the resolution calls for fowl to be "kept in an enclosure" yet they are not always confined, and 4) how to comply with twice-weekly pick up of cleanup when the City has one time per week trash collection. Attorney Joe Estes replied that the "shall" and "may" issue is not a legal question, but the intent is not to require residents to have fowl, and twice-weekly clean-up is not an issue, since the law refers to the area where fowl are kept and not subject to City collections. Vice Mayor Shapera noted that the definition of fowl includes all types of poultry, i.e., ducks; he does not have an issue with the resolution. Councilmember Winston noted the resolution cannot change "shall" to "may" if "shall" is stipulated in State law. Councilmember Norton asked whether HOAs could deny fowl with the new legislation and was informed yes, they can because HOAs can be more restrictive but not less than. Vice Mayor Shapera moved to pprove Resolution R24-11-25 for proposed zoning text amendments to the City of El Mirage, Arizona Code of Ordinance Book, Title IX, Chapter 91: Animal Code, and declaring the Resolution and attached Exhibit "A" as a public record; seconded by Councilmember Delgado. Vote: 7 - 0 Passed - Unanimously 4 Regular Meeting - Council Minutes November 13, 2024 2. A public hearing and closure of public hearing, followed by a discussion and action on Ordinance O24-11-09 for proposed zoning text amendments to the City of El Mirage, Arizona Code of Ordinance Book, Title IX, Chapter 91: Animal Code, and declaring a public record by reference to Resolution R24-11-25, including Exhibit "A." (Development Services - Planning & Zoning) Mayor Hermosillo opened the Public Hearing Senior Planner Jose Macias explained the state law that allows the Ordinance to be published with reference to the approved Resolution and Exhibit, thus, saving on publishing costs. Hearing no public comments, Mayor Hermosillo closed the Public Hearing. Vice Mayor Shapera moved to approve Ordinance O24-11-09 for proposed zoning text amendments to the City of El Mirage, Arizona, Code of Ordinance Book, Title IX, Chapter 91: Animal Code, and declaring a public record by reference to Resolution R24-11-25, including Exhibit "A," ; seconded by Councilmember Delgado. Vote: 7 - 0 Passed - Unanimously 3. A public hearing, closure of public hearing followed by a discussion and action on Resolution R24-11-26 on proposed zoning text amendments to the City of El Mirage, Arizona Code of Ordinance Book XV Chapter §154.151 Application Submittals (Administrative Completeness Review), and declaring the Resolution and attached Exhibit "A" as a public record. (Development Services - Planning & Zoning) Mayor Hermosillo opened the Public Hearing Senior Planner Jose Macias gave a PowerPoint presentation to show the necessity of updating City Codes to comply with recent legislation on SB 1162 stipulating time frames in which municipalities must provide administrative completeness on application submittals. Councilmember Dorcey stated the intent is to move the process along expeditiously. Vice Mayor Shapera stated he did not believe this was a problem in El Mirage. Hearing no public comments, Mayor Hermosillo closed the Public Hearing. Vice Mayor Shapera moved to approve Resolution R24-11-26 on proposed zoning text amendments to the City of El Mirage, Arizona Code of Ordinance Book XV Chapter §154.151 Application Submittals (Administrative Completeness Review), and declaring the Resolution and attached Exhibit "A" as a public record; seconded by Councilmember Dorcey. Vote: 7 - 0 Passed - Unanimously 4. Consideration and action on Ordinance O24-11-10 on proposed zoning text amendments to the City of El Mirage, Arizona Code of Ordinance Book XV Chapter 154.151: Application Submittals (Administrative Completeness Review), and declaring a public record by reference in Resolution R24-11-26, including Exhibit A. (Development Services, Planning and Zoning) Senior Planner Jose Macias explained the reason for this Ordinance was to publish, pursuant to State law, code changes with reference to the preceding resolution approval. 5 Regular Meeting - Council Minutes November 13, 2024 Vice Mayor Shapera moved to approve Ordinance O24-11-10 on proposed zoning text amendments to the City of El Mirage, Arizona Code of Ordinance Book XV Chapter 154.151: Application Submittals (Administrative Completeness Review), and declaring a public record by reference in Resolution R24-11-26, including Exhibit A; seconded by Councilmember Dorcey. Vote: 7 - 0 Passed - Unanimously 5. Consideration and action to approve the 5-year Data Access/Exchange Agreement with the Arizona Department of Transportation (ADOT) for use of their Arizona Crash Information System (ACIS), and Crash Records Information System (CRIS) database (Police). Police Chief Marzocca presented the request and explained the software capabilities and access to ADOT Data. Councilmember Norton clarified this was at no cost to the City and Chief confirmed there would be no cost. Vice Mayor Shapera moved to approve the 5-year Data Access/Exchange Agreement with the Arizona Department of Transportation (ADOT) for use of their Arizona Crash Information System (ACIS), and Crash Records Information System (CRIS) database; seconded by Mayor Hermosillo. Vote: 7 - 0 Passed - Unanimously 6. Public Hearing, closure of Public Hearing followed by consideration and action to recommend to the Arizona Department of Liquor Licenses & Control approval/disapproval of an application for a new license #309658 for Coyote Grill and #309647 Mirage Sports Bar & Grill, both located at 11201 N El Mirage Rd, El Mirage, AZ, 85335. (Police) Mayor Hermosillo opened the Public Hearing. Police Chief Marzocca gave a PowerPoint presented on the required background check for review of liquor license applications. Pueblo El Mirage General Manager Christine Finocchiaro explained these were replacement license applications because of a company name change. Resident Donald Van Nevel spoke in favor of approval of the licenses. Hearing no further public comments, Mayor Hermosillo closed the Public Hearing. Vice Mayor Shapera said he had never heard of a complaint about the Pueblo Resort in 21 years and fully supported recommending approval to the State; Mayor Hermosillo fully agreed. Vice Mayor Shapera moved to recommend to the Arizona Department of Liquor Licenses & Control approval of an application for new liquor license #309658 for Coyote Grill and #309647 Mirage Sports Bar & Grill, both located at 11201 N El Mirage Rd, El Mirage, AZ, 85335; seconded by Councilmember Norton. Vote: 7 - 0 Passed - Unanimously 7. Consideration and action to discuss, nominate, and designate a member of Council as Vice Mayor pursuant to City Code § 32.041. (Mayor) Vice Mayor Shapera read aloud City Code $32.041 referencing the timing of designating a member of Council as Vice Mayor and asked the City Attorney if the Council was interpreting the Code correctly; the City Attorney confirmed that Council was acting in accordance with City Code. Vice Mayor Shapera advised the audience in opposition to this action that they should not tell 6 Regular Meeting - Council Minutes November 13, 2024 Council to break the law. Councilmember Dorcey clarified that the Code is an internal action among Council members and not a vote of the public. Mayor Hermosillo moved to nominate Monica Dorcey as Vice Mayor pursuant to City Code Code § 32.041; seconded by Vice Mayor Shapera. Vote: 6 - 1 Passed NAY: Councilmember Anita Norton 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 reminded Council of the upcoming Tree Lighting ceremony in the City Hall Courtyard Plaza on Monday, December 2, 2024 from 6-8 p.m. and the upcoming Winterfest parade and event scheduled for Saturday, December 7, 2024 starting at 6 p.m. and she encouraged to attend the holiday festivities. City Manager Dyches then asked Public Works Director Nick Russo to provide a report on EPA revised lead and copper rules for City water service lines. Mr. Russo gave a short PowerPoint presentation explaining the new rules and program summary. The new rule requires all public water systems to provide service line material inventory to the state regulating agency (ADEQ). The City has identified 11,979 service lines in El Mirage; thus far, 10,005 have been reported to ADEQ noting zero of these lines contain lead. The remaining 1,974 are currently being identified and inventoried for reporting; it is anticipated that, based on the current trend of zero lead materials, there are none in the system containing lead. 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 Shapera and Councilmember Delgado reported on their attendance at the new Emergency Medical Center (EMC) opening in El Mirage and advised the owners are looking to build a hospital adjacent to the Center. Councilmember Dorcey stated she appreciated all the staff's efforts in organizing the Fall Festival, which was a huge success. Councilmember Jones stated he, too, attended the EMC opening, and it is a great addition to the City. Councilmember Norton thanked all who participated in the recent successful Domestic Violence Awareness walk and agreed with other comments on the EMC. Councilmember Winston stated she would attend the EMC soft opening and congratulated on the success of the El Mirage Cares Domestic Violence Awareness walk. Vice Mayor Shapera gave a statement on the formation and history of the El Mirage Cares program. He acknowledged the need is great in addressing numerous issues and professionals are needed to successfully advance the programs. He noted that Councilmember Norton has been devoted in her efforts, but more help is needed from both volunteers and professionals, such as the Police Department. He encouraged the new Council to support the Police Department in developing a new outlook and new programs to address the real need for these issues. 9. ADJOURNMENT - the meeting adjourned at 8:21 p.m. 7 Regular Meeting - Council Minutes November 13, 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 Wednesday, November 13, 2024 and a quorum was present. 8 Regular Meeting - Council Minutes November 13, 2024