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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 -THURSDAY, NOVEMBER 5, 2020

Minutes
             
1. ROLL CALL
Present: Mayor Alexis Hermosillo; Vice Mayor Roy Delgado; Councilmember Monica Dorcey; Councilmember Mike Hutchinson; Councilmember Anita Norton; Councilmember David Shapera; Councilmember Donna Winston
             
2. CALL TO ORDER - The meeting was held online and publicly with limited access; called to order at 6:00 pm.

Pledge of Allegiance
Moment of Silence
             
3. 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 public comments were received.
             
4. PRESENTATION
             
1. Administer the Oath of Office and seating of the newly elected Councilmember Mike Hutchinson and incumbents Vice Mayor Roy Delgado and Councilmember David Shapera for four-year terms, 2020 - 2024.  (City Clerk)

City Clerk Sharon Antes presented the Oath of Office to Councilmember Elect Mike Hutchinson and re-elected incumbents Vice Mayor Roy Delgado and Councilmember David Shapera.

Mayor Hermosillo thanked outgoing Councilmember Kallimayor Richards for his service, congratulated re-elected incumbents Vice Mayor Delgado and Councilmember David Shapera, and welcomed newly elected Councilmember Mike Hutchinson. 
             
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 20, 2020. (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 the destruction of municipal documents that have reached the end of their retention period as authorized under A.R.S. §41-151.19. (Police Department)
             
4. 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)
             
5. Consideration and action to accept $3,000 from the Governor's Office on Highway Safety (GOHS) for seat belt enforcement for the Click It or Ticket Campaign and allow the finance department to make the necessary budget adjustments.  (Grants/Police) 
             
6. Consideration and action to authorize the purchase of 3 ProLaser LIDAR units ($2100 each) for a cost of $6300 and a Stealth II Covert Traffic Data Collector for a cost of $2795 for a total cost (including tax and shipping) of $9,990.84 from Kustom Signals, Inc. under State Contract CTR043213 and reimbursed through Grant funds.  (Police)
             
7. Consideration and action to approve a contract with Holbrook Asphalt for pavement maintenance work in an amount not to exceed $840,000.  (Public Works)
             
8. Consideration and action to approve an agreement with Baker Commodities Inc. for annual "F.O.G." disposal program at no cost to the City.  (Public Works)
  Councilmember Norton moved to approve Consent Agenda items 1 through 8 as presented; seconded by Councilmember Shapera.
  Vote: 7 - 0 Passed - Unanimously
             
9. Consideration and action to approve the Copperwing Final Plat submitted by John F. Long Properties LLLP, for 993.61 acres of land located south of Peoria Avenue, west of El Mirage Road, north of Northern Parkway and east of the western boundary of the City of El Mirage, Arizona 85335.  (Community Development) 
This item was pulled from the consent agenda and considered under Regular Agenda Item 6.1A.

Community Development Director/City Engineer Jorge Gastelum presented by stating Copperwing Logistics Center is located south of Peoria Avenue, and consists of approximately 1,400 acres of land owned by John F. Long.  The master plat will dedicate the required land at no cost to the City to provide the necessary Right of Way (ROW), and utility easements for current City and County roadway projects.  Additional ROW and new Public Utility Easements (PUE) along Dysart Road have been dedicated to the City's Dysart widening project with an anticipated Summer 2021 construction start date.  Mr. Gastelum further explained as part of Maricopa County's El Mirage Alternative Access project a new ROW and PUEs along Butler Drive and 129th Avenue have also been dedicated to the City of El Mirage.  These dedications are vital to the construction of these projects and critical to allowing the utilities (APS, Cox, Century Link and LPG) to install and/or relocate their lines timely.

Councilmember Shapera asked if the whole area was being dedicated to the City for future utility ROWs or would future developments require taxpayer dollars.  Mr. Gastelum responded that these dedications were specific to the outlined projects and stated as properties are developed, developers will dedicate utility ROWs.  He also asked if zoned commercial property areas had been expanded within El Mirage or other zoning changes made.  Mr. Gastelum responded no changes had been made to the zoning map. 
  Vice Mayor Delgado moved to approve the Copperwing Final Plat submitted by John F. Long Properties LLLP, for 993.61 acres of land located south of Peoria Avenue, west of El Mirage Road, north of Northern Parkway and east of the western boundary of the City of El Mirage, Arizona 85335; seconded by Councilmember Shapera.
  Vote: 7 - 0 Passed - Unanimously
             
6. REGULAR AGENDA
             
1. A Public Meeting, closure of Public Meeting followed by consideration and action to approve a Site Plan Zoning Application for 1.66 acres of land for use as an Exterior Storage Yard located at 8686 N. El Mirage Road, El Mirage, Arizona 85335, requested by Southwest Concrete and Paving.  (Community Development)

Mayor Hermosillo opened the Public Hearing.

Planner/GIS Jose Macias presented a Site Plan Zoning Application for use as an exterior storage yard for Southwest Concrete and Paving.  The site is located at 8686 N. El Mirage Road, El Mirage 85335.  The lot is approximately 1.66 acres and currently vacant and zoned (CP) Commerce Park. The General Plan identifies this area as part of the Commerce/Industry Park Planning Area and is compatible with the General Plan Land Use Map.  Mr. Macias reviewed the photos, site plans, floor plan, elevations, and the proposed site plan application.  The applicant was granted a temporary permit for equipment storage due to the COVID-19 pandemic and work stoppage; a wall will replace the temporary fencing upon approval of a proposed permanent permit request.  The site is located within the Luke AFB Noise Contour Zone.  The proposed rezone use is compatible with A.R.S. § 28-8481 Planning and Zoning; Military Airport and Ancillary Military Facility's Operation Compatibility and will not have a negative Impact on Luke's daily operation.  Staff has reviewed the Zoning Application and recommends approval.  The Planning and Zoning Commission recommended approval at the October 13, 2020, Public Hearing with a 4-0 vote.  Mr. Macias introduced Mr. Bruce Spiegel with The Phoenix - New York Company (via online Microsoft Teams).  Mr. Spiegel expanded on Mr. Macias comments and stated the site will be surrounded by a six-foot high masonry wall to screen both equipment and materials from view of El Mirage Road and Alice Avenue.  The yard will be paved with asphalt to provide dust control with site access managed through a primary gated driveway.  The site will have security lighting and there is no requirement for a septic tank; no proposed on-site sewage.  The proposed site shall retain its own flow of storm water, with overflow discharge being taken from the existing retention basin at the south end of the existing Southwest Concrete site. 

Councilmember Norton asked if concrete would be covering the entire area (1.66 acres) to control dust.  Mr. Spiegel responded that aside from a sliver of an area for drainage purposes, the area would be paved with asphalt.  Councilmember Dorcey clarified that this was not an expansion and therefore no additional staffing would be needed which was confirmed by Mr. Spiegel, though he stated possibly in the future.  Councilmember Hutchinson asked if the six-foot block wall was going to be slump block or decorated.  Mr. Spiegel explained the wall would be painted with a pattern.  Vice Mayor Delgado requested clarification on the wall height because of the topography.  Mr. Spiegel stated due to the slope of the ground the wall would be approximately a foot to a foot and a half higher.  Vice Mayor Delgado asked how cement excess was going to be disposed and Mr. Spiegel responded the applicant would be storing administration's vehicles and some painting supplies, not concrete or mixers.  Councilmember Shapera stated he believed this was a good project.

Mayor Hermosillo closed the public hearing.
  Vice Mayor Delgado moved to approve a Site Plan Zoning application for 1.66 acres of land for use as an Exterior Storage Yard located at 8686 N. El Mirage Road, El Mirage, Arizona 85335, requested by Southwest Concrete and Paving; seconded by Councilmember Shapera.
  Vote: 7 - 0 Passed - Unanimously
             
2. A Public Hearing, closure of Public Hearing followed by consideration and action to approve Resolution R20-11-22 to adopt a newly created Chapter 154.091 Marijuana Cultivation Facilities Regulations to the El Mirage, Arizona Zoning Code, Land Usage Volume 2, regulating marijuana cultivation facilities operations, and declaring the Resolution and attached Exhibit "A" and Exhibit "B" as a public record. (Community Development)

Mayor Hermosillo opened the Public Hearing.

Planner/GIS Jose Macias presented on behalf of the Planning and Zoning Commission research and proposed amendments as a proactive measure to address the Commission's concerns regarding the passing of Proposition 207 (legalization of recreational marijuana).  Mr. Macias provided a background on marijuana cultivation within the City, reviewed area maps and identified current City regulations. The Current City Code requires a Conditional Use Permit (CUP) in a zoned Employment/Industry (E/I) area.  The Planning and Zoning commission's concerns are 1) water resources, 2) City revenue impact, and 3) City reputation.  Mr. Macias reviewed eight local municipality zoning approvals, restrictions, and regulations for medical marijuana cultivation currently in place, including a one thousand five hundred foot distance restriction from residential zones, public facilities, parks, freestanding/permanent churches, and schools.  Mr. Macias reviewed area maps and pinpointed prohibited areas for cultivation based on the City of El Mirage zoning code.  The Planning and Zoning Commission recommended approval of the zoning text amendment to amend the distance restriction from one thousand five hundred (1,500) feet to five thousand two hundred and eighty (5,280) feet at the October 13, 2020 Public Hearing with a 4-0 vote. Upon direction from the Planning and Zoning Commission, staff is requesting adoption of a new chapter 154.091 (Marijuana Cultivation Facilities Regulations) which provides regulations for building type, disposal of material, emissions, ventilation, delivery of products, building square footage limit, distance restrictions, and security plans.

Councilmember Norton asked if other cities required a five thousand two hundred and eighty foot distance restriction.  Mr. Macias responded yes, and reviewed the presentation slide showing restriction distance by City.  Councilmember Hutchinson asked if the disposal of remnants and/or by products under General Requirements included all parts of the plant.  Mr. Macias stated this is a proactive process to address the need for safe protocols in the disposal of potential chemicals during the cooking and extraction of the plants.  He also asked why security footage recordings would be retained for a minimum of sixty (60) days; double the State standard.  Mr. Macias referenced staff's research of other municipalities and utilizing those standards for the City of El Mirage's zoning code.  Councilmember Shapera asked how forty thousand (40,000) square feet as a maximum size was determined for manufacturing and storage of material and products.  Mr. Macias stated through staff research of other municipalities the average footage was between fifteen thousand (15,000) and twenty thousand (20,000) square feed, with Tempe being one of the larger allowances at thirty-five thousand (35,000) square feet.  Based on the research data, staff recommended a slight increase from Tempe's allowance to forty thousand square feet.  Vice Mayor Delgado referenced the cultivation area maps from the presentation, and asked what measures would be in place to control increasing odors from new cultivation sites.  Mr. Macias stated the recommended measures would require better insulation and materials to better contain odors and limit the number of cultivation developments within City limits.  The Planning and Zoning Commission are requesting proactive regulations to address potential issues.

Mayor Hermosillo closed the Public Meeting.

Councilmember Shapera commented that odors in an industrial zoned area are to be expected and expressed his concerns with the one-mile restriction between cultivation developments. He further commented building square footage should be based on land size and the proposed security regulation should not be double the State requirement; the City should welcome new business and not be overly restrictive.  Councilmembers Winston and Hutchinson agreed with Councilmember Shapera's comments.  Councilmember Dorcey commented that current cultivation facilities have been quiet and in compliance, and she asked City Attorney Justin Pierce if the City introduced new City Code requirements, would existing facilities be grandfathered. Mr. Pierce stated that current facilities may not have the opportunity to be grandfathered.  Councilmember Norton recognized the need for restrictive distancing between cultivating facilities and commented that another review of the proposed regulations be conducted.  Vice Mayor Delgado expressed his appreciation to Mr. Macias for clarifying the proactive methods for odor control.  Councilmember Shapera commented that the City has a task force that is working with the Planning and Zoning Commission and these amendments can be reviewed for better clarification.

Vice Mayor Delgado moved to approve Resolution R20-11-22 to adopt a newly created Chapter 154.091 Marijuana Cultivation Facilities Regulations to the El Mirage, Arizona Zoning Code, Land Usage Volume 2, regulating marijuana cultivation facilities operations, and declaring the Resolution and attached Exhibit "A" and Exhibit "B" as a public record; there was no second to the motion.
Motion failed for lack of a second.
             
3. Consideration and action to approve Ordinance O20-11-10 to adopt a newly created Chapter 154.091 Marijuana Cultivation Facilities Regulations to the El Mirage, Arizona Zoning Code; Land Usage Volume 2 regulating marijuana cultivation facilities operations, and declaring a public record by reference in Resolution R20-11-22, including  Exhibit "A" and Exhibit "B".  (Community Development)

This item was contingent on passage of Agenda Item 2 which failed - no action required.
             
4. Consideration and action to enter into an Intergovernmental Agreement (IGA) with Dysart Unified School District No. 89 (District) for the joint use of facilities. (City Manager)

City Manager Dyches stated two years ago Council requested she work with the City of El Mirage's public schools to create an Intergovernmental Agreement (IGA), allowing the community to have access to school grounds outside of school hours. The demand for play areas, fields and City use of facilities has been brought to the City's attention over  past years.  Consideration is requested for approval to enter into an IGA with the Dysart Unified School District No. 89 to manage effective joint use of both City and school facilities.

Councilmember Norton asked on the status regarding insurance liability for the City using school grounds.  Ms. Dyches confirmed insurance and indemnification stipulations were addressed within the agreement.  Ms. Dyches further stated fees for use of either City or School facilities will be waived for the IGA parties, but does not include any out-of-pocket costs.  She also asked if stipulated field time use would be required.  Ms. Dyches stated agreed-upon signage had been prepared outlining the rules of use and a copy could be provided to Council.  Councilmember Shapera asked if the YMCA was included as a City owned facility within the agreement.  Ms. Dyches referenced an agreement between the City and the YMCA which prohibits unlimited use by the City of the YMCA facilities, of which the Dysart School District is aware. City Attorney Justin Pierce echoed Ms. Dyches' comments and added the agreement between the City of El Mirage and the YMCA is subject to restrictions on what the uses are.  Councilmember Shapera also referenced section six of the IGA and stated this section refers to construction of facilities; he would like this section removed.  Councilmember Norton asked if the Dysart School District had provided an explanation for section six being included in the IGA.  Ms. Dyches stated the School District wanted to duplicate the agreement they had in place with the City of Surprise.  City Attorney Pierce further stated section six was not legally necessary for the IGA to have adequate consideration on both sides; Council could make this decision.  Councilmember Dorcey provided a personal lengthy history with attempting to obtain this agreement and requested Council not hold up the IGA over useless language that may have no meaning; she stated this has been in the works for a long time and it just needed to get done now.  Councilmember Winston requested clarification on time availability for the faciliaties.  Ms. Dyches confirmed access, availability and assurance that families would have access during off-times.  Councilmembers Norton and Shapera were in favor of the agreement and agreed this has been a long time coming.  Vice Mayor Delgado asked who the point of contact would be in case of an incident.  Ms. Dyches responded the City of El Mirage Police Department would respond to any emergencies or acts of vandalism. Councilmember Hutchinson asked if the facility gates would remain open and was a no trespass agreement in place between the Dysart School District and the City of El Mirage Police Department. Ms. Dyches responded the gates would remain open and proper trespass signage had been reviewed by both City Police and Public Works staff.   Ms. Dyches also added the City of El Mirage does not currently have a no trespass agreement. Police Chief Marzocca added the Police Department did have non-trespass agreements in place with local homeowner associations and could do so with the Dysart School District if so directed. 
  Vice Mayor Delgado moved to enter into an Intergovernmental Agreement (IGA) with Dysart Unified School District No. 89 (District) for joint use of facilities; 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 congratulated Economic Development Manger Tom Doyle on his award from the Arizona Association for Economic Development (AAED), for Academic Developer of the Year for a Small Community. Ms. Dyches reminded Council of the Strategic Planning Workshop scheduled for November 30, 2020, at 11:30 am, in City Hall Council Chambers. She then introduced Financial Analyst Macy Walker who provided an overview of the budget calendar and Capital CIP timeline for FY 2021/22. Ms. Dyches then introduced Deputy Director Intergovernmental and PR Amber Wakeman, Marketing and Communications Specialist Kari Sliva, and Public Works Director Nick Russo to present the City of El Mirage Holiday Lights Campaign. Mr. Russo presented by stating the City will have over 100,000 lights throughout the City to include entrance to the City from Grand Avenue and light/sound displays at Gateway and Gentry parks. Mr. Russo reviewed aerial maps and identified light placements on trees, shrubs, City facilities, and the splash pad area lit up and timed to music. Ms. Kari Sliva revealed the upcoming El Mirage Sparkles digital campaign to promote holiday cheer within the City of El Mirage. The campaign encourages the community to light up their homes or take selfies with the new City lighting and post photos through social media networks like Facebook, Twitter, and Instagram using #ElMirageSparkles. The winning neighborhood will receive a celebratory drive through from Public Works and the City of El Mirage Police and Fire Departments. Ms. Wakeman stated the City is working with Community Partners (Dysart Community Center, NW Valley YMCA) the local postmaster and the United States Postal Office to provide letters for Santa from the children and holiday cheer letters for seniors. Councilmember Norton expressed her excitement with this campaign and asked if holiday music would be played at the local parks. Mr. Russo stated yes music would be playing through a speaker system. Councilmember Shapera expressed his appreciation regarding the efforts made towards this campaign. Mayor Hermosillo echoed Councilmember Shapera's comments and formerly introduced Ms. Kari Sliva.
             
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 Delgado expressed his appreciation to all veterans and acknowledged the upcoming Veteran's Day.

Councilmember Dorcey conveyed her appreciation to City Manager Dyches for completing an Intergovernmental Agreement with the Dysart Unified School District.

Councilmembers Norton and Winston echoed Councilmember Dorcey's comment and added their appreciation for the Holiday Campaign.
             
9. EXECUTIVE SESSION
             
1. Consideration and action to convene into Executive Session pursuant to A.R.S. 38-431.03.A.7 on discussions and direction regarding negotiations for sale of real property.  (Economic Development)
  Vice Mayor Delgado moved to convene into Executive Session at 7:40 pm, pursuant to A.R.S. § 38-431.03.A.7, on discussions and direction regarding negotiations for sale of real property; seconded by Councilmember Shapera.
  Vote: 7 - 0 Passed - Unanimously
             
10. ADJOURNMENT - The meeting was adjourned at 8:05 pm.
ATTEST:


I hereby certify the aforementioned minutes are a true and accurate record of the Regular El Mirage City Council Meeting held on Thursday, November 5, 2020 and a quorum was present. 

 

    

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