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REGULAR MEETING OF THE COMMON COUNCIL

OF THE CITY OF EL MIRAGE

EL MIRAGE ELEMENTARY SCHOOL

13500 N. EL MIRAGE RD.

6:00 P.M, THURSDAY, October 28, 2004

 

Minutes

 

CALL TO ORDER Vice Mayor Kern called the meeting to order at 6:00pm and led the Pledge of Allegiance and moment of silence.

 

ROLL CALL Present were:  Vice Mayor Michele Kern, Councilmembers Xavier G. Bedolla, Roy Delgado, Rick Monzon, Kathleen White, City Manager BJ Cornwall, Attorney Fredda Bisman, City Engineer Chris Young, Police Chief Dick Yost, Fire Chief Roy Levenda, Finance Director Diana Betancourt, City Clerk Edith Hoover

Absent were:  Mayor Fred Waterman & Councilmember Tensi Reed

 

CONSENT AGENDA

 

Consideration and action regarding resolution R04-10-54, implementing measures to reduce re-entrainment dust emissions from targeted paved roads in the revised PM-10 State Implementation Plan for the Salt River Area.

            Removed to be voted on separately

 

Consideration and action regarding the second reading of ordinance O04-10-30, amending the zoning ordinance regarding churches and schools in the B-2 General Business District.

 

Consideration and action regarding resolution R04-10-55, adopting the All Hazard Mitigation Plan in conjunction with Maricopa County Department of Emergency Management and other Maricopa County jurisdictions.

 

Consideration and action regarding Ordinance O04-10-31, amending Chapter 8 Business Regulations and adopting the codification of Chapter 8 Business Regulations of the City Code.

 

Consideration and action regarding Resolution R04-10-56, declaring as a public record the adoption of the codification of Chapter 8 Business Regulations of the City Code.

 

Consideration and action regarding Ordinance O04-10-32, amending Chapter 9 Transaction Privilege Tax and adopting the codification of Chapter 9 Model City Tax of the City Code.

 

Consideration and action regarding Resolution R04-10-57, declaring as a public record the adoption of the codification of Chapter 9 Model City Tax of the City Code.

Councilmember White made a motion to approve the consent agenda; seconded by Councilmember Delgado with the removal of Item 1 to be voted on separately.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, White

Nay:

                        Absent: Reed, Waterman

                        Motion: Carried

 

Consideration and action regarding resolution R04-10-54, implementing measures to reduce re-entrainment dust emissions from targeted paved roads in the revised PM-10 State Implementation Plan for the Salt River Area.

Councilmember Delgado made a motion to approve with the stipulation that exhibit A be provided at the next meeting; seconded by Vice Mayor Kern.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, White

Nay:

                        Absent: Reed, Waterman

                        Motion: Carried

 

MAYOR’S COMMENTS

The Mayor is absent because he is representing the City at the Best of the West.

 

REGULAR AGENDA

 

Presentation by the City Hall Advisory Committee regarding the new City Hall.

      Removed

 

Consideration and action regarding convening into public hearing for the purpose of hearing public comment regarding a Series 7 Person Transfer and Location Transfer for Mariscos Mazatlan, LLC, 13609 N. Main Street (Jesus Carrillo Salazar).

Vice Mayor Kern made a motion to convene into public hearing; seconded by Councilmember Delgado.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, White

Nay:

                        Absent: Reed, Waterman

                        Motion: Carried

 

Chief Yost has been chief since 2000 and had been called out to this location several times before they were able to shut it down.  The original owners are the parents of Mr. Salazar who is now applying.  Acting Lieutenant Manos looked up the different exhibits regarding this license.  The main issue is that this is a residential area and that will not change.  If the liquor board approves this, the police department will work with them.  There has been prior illegal activity in this location such as underage drinking, fights and people with no identification.  The police department opposes this and asks that the Council vote to oppose this.  Attorney for Jesus Salazar, Mr. Schelstraete, explained they would like to work with the City and the Police Department to come up with a plan.  Perhaps a security plan requiring security personnel or a use permit.  He asked if it would be productive to continue this item to give his client a chance to meet with the Chief to address some of the concerns.  The problems in the past did not happen to his client (Mr. Salazar).  Mike Barvitz (citizen) asked how many times the police have been called out in the last 4 years.  Chief Yost explained the bar has been closed for about a year and a half but prior to that they were there weekly, every weekend.  They had to do nightly walk throughs to kick the underage kids out of the bar on the weekends.  Mr. Barvitz asked if this location has already been turned down this year.  Chief Yost said yes this has been before Council a couple times.  Mr. Barvitz has concerns about the restraints currently on the police department and the limited man power.  Attorney Schelstraete said that is why they would like to come up with a plan.  Vice Mayor Kern (inaudible) Chief Yost said that if that is the desire of Council, he would be willing to meet with Mr. Salazar and his attorney but it does not change the location being in a residential area.  Councilmember Bedolla asked Fire Chief Levenda to meet with them also regarding capacity and fire codes.

 

Consideration and action regarding closing the public hearing.

Councilmember Delgado made a motion to close the public hearing; seconded by Councilmember Bedolla.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, White

Nay:

                        Absent: Reed, Waterman

                        Motion: Carried

 

Consideration and action regarding a Series 7 Person Transfer and Location Transfer for Mariscos Mazatlan, LLC, 13609 N. Main Street (Jesus Carrillo Salazar).

Councilmember White made a motion to deny; seconded by Councilmember Delgado.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, White

Nay:

                        Absent: Reed, Waterman

                        Motion: Carried

 

COUNCIL SUMMARY OF CURRENT EVENTS Nothing

 

CITY MANAGER SUMMARY OF CURRENT EVENTS

Olive Rd improvement project is still on schedule.  It was paved this week & will be striped this weekend.  It should be open on Wednesday for traffic although the rest of the work will be completed during that time.  During the next week or two we are going to have to close the intersection of El Mirage and Dysart, we had to close Dysart and Olive.  We are hoping to not have it closed as long this time and we will give advanced notice.  The Palo Verde Nuclear Generating Station will be testing their alarms.  We are soliciting now for an independent audit due to an 800 signature request.  The Citizens advisory committee met again about the water and wastewater rate increase.  We held a public hearing where nine citizens attended.  The committee has decided to put it on the November 4th Council meeting for approval.

 

CALL TO THE PUBLIC

Scott Roberts 11201 N El Mirage Rd.  He knows the council has been given information that they have been working with the City Manager regarding the issue they have with the wants to say that they have been trying to be 100% reasonable with the City.  They want to be an asset to the City not a burden.  He hopes that the decision made by the City Manager is what the Council will agree to.  Mr. Roberts is hoping that everyone reviews the information and that the resolution made would be the one understood by the Council.  He appreciates the Councilmembers, Mayor and staff who have worked with them.  His family has put a huge amount of effort and capitol into their project and they anticipate great things.  The impact to the community with seasonal residents and two people per family is not a single family dwelling and they want some understanding of that and they want people to look at how other cities have governed that issue.

 

PUBLIC ANNOUNCEMENTS None

 

EXECUTIVE SESSION  None

 

ADJOURNMENT

Councilmember White made a motion to adjourn at 6:23 p.m.; seconded by Councilmember Bedolla.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, White

Nay:

                        Absent: Reed, Waterman

                        Motion: Carried