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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, August 25, 2005

 

Minutes

 

I.      CALL TO ORDER  - Mayor Fred Waterman called the meeting to order at 6:00 P.M.  Council led the public in the Pledge of Allegiance and a Moment of Silence.

 

II.      ROLL CALL – Present were:  Mayor Fred Waterman, Vice Mayor Michele Kern, Councilmembers Xavier Bedolla, Rick J. Monzon, Roy Delgado and Tensi Reed, City Manager BJ Cornwall, Attorney Fredda Bisman, City Engineer Chris Young, Lt. Bill Seltzer, Acting Fire Chief Tom Christmas, Finance Director Robert Dye and City Clerk Edith Hoover.

 

III.      CONSENT AGENDA

 

Councilman Roy Delgado requested items 2 and 3 be moved to the regular session for discussion.

 

Consideration and action approving an Intergovernmental Agreement with Maricopa County STS to provide special transportation needs to qualifying residents.

 

Councilman Delgado made a motion to approve an Intergovernmental Agreement between El Mirage and Maricopa County; seconded by Councilwoman Reed.

 

VOTE:         Yea:                Monzon, Bedolla, Kern, Delgado, Reed and Waterman

                     Nay:               

                     Motion:           Carried

 

IV.      MAYOR’S COMMENTS

 

Mayor Waterman reported he and the City Manager had a meeting with Sally Marquez regarding the Regional Park.  Mayor Waterman was approached by Linda Kleiner, a citizen of El Mirage who is developing a new program calls TAG (Together Against Graffiti).

 

V.      REGULAR AGENDA

 

A.     Consideration and action approving an Intergovernmental Agreement with Arizona Department of corrections – Perryville for an inmate work program to supplement staffing in the Public Works Parks and Streets Department at an approximate cost of $2,200 per month.

 

Council questioned whose insurance coverage would cover any incident regarding the prisoners from Perryville.  They also discussed the supervision of the prisoners.  Public Works employees have had training regarding supervision of the prisoners and are comfortable with that role.  There were concerns regarding the changes to the contract from the beginning of discussions to completion of the contract.  Originally the prison was to deliver the prisoners and pick them up and a corrections officer was to be present.  Now, the City is picking them up, supervising them and returning them to the prison.

 

Councilman Delgado made a motion to approve the IGA with Arizona Department of Corrections – Perryville for inmate work program with the stipulation the liability issues be addressed and there is appropriate full-time supervision from the prison; seconded by Councilman Monzon.

 

VOTE:            Yea:    Monzon, Bedolla, Delgado, Reed and Waterman

                        Nay:    Kern

                        Motion:           Carried

 

B.    Consideration and action awarding a contract with Brown Tank and Steel for the construction of four water reservoirs (tanks) located at Canterbury (1), Deitz-Crane (2), and Alto (2) well sites in the amount of $1,857,927.  City Engineer requests approval of a 10% contingency of $185,792.

 

City Engineer Chris Young reported in March of 2004, the City of El Mirage submitted a water supply plan to the MCESD.  This plan, which was approved by the MCESD, requires that the COEM meet certain water storage capacities by the summer of 2006.  This increased storage capacity, along with wells and transmission lines currently being constructed (under different contracts), will enable the City to match the increase in water demand brought on by the recent and future increases to the City’s population.  There were nine bid packets requested and two bids received.  Brown Tank was the lowest bidder.  The engineer’s estimate was $2.1 million.

 

Vice Mayor Kern made a motion to award a contract to Brown Tank & Steel for the construction of four water reservoirs (tanks) in the amount of $1,857,927 and a 10% contingency ($185,792); seconded by Councilwoman Reed.

 

VOTE:            Yea:    Monzon, Bedolla, Kern, Delgado, Reed and Waterman

                        Nay:

                        Motion;           Carried

 

C.    Presentation of Certificates of Appreciation to outgoing Planning and Zoning Commission members Caroline Wells and Robyn Freberg.

 

Mayor Fred Waterman read the Certificates of Appreciation to outgoing Planning & Zoning Commissioners Caroline Wells and Robyn Freberg.

 

D.    Consideration and action regarding appointment/duties/duration of the Vice Mayor.

 

Discussion took place regarding the appointment of the Vice Mayor.  The City Clerk was requested to place this item on the Work Study for the next meeting and have an Ordinance ready for the regular meeting stating at the second meeting in November of every year, the Vice Mayor would be appointed by the Council.

 

Councilwoman Reed made a motion to table this agenda item until the September 8, 2005 regular Council meeting; seconded by Councilwoman Reed.

 

VOTE:            Yea:    Bedolla, Kern, Delgado, Reed and Waterman

                        Nay:    Monzon

                        Motion:           Carried

 

E.     Consideration and action regarding Ordinance O05-08-07 amending City Code Chapter 2 Section 2-1-4 “Vacancies in Council” and declaring an emergency.

 

City Clerk Edith Hoover explained this Ordinance will change the City Code to remove the limitation of time required to fill a vacancy on Council.  State statutes would be observed.  This gives the Council time to appoint the best candidate possible to fill a vacancy on Council.

 

Councilman Delgado made a motion to approve Ordinance No. O05-08-07, amending the El Mirage City Code, Chapter 2, Section 2-1-4, Vacancies in Council by emergency; seconded by Councilwoman Reed.

 

VOTE:            Yea:    Monzon, Bedolla, Kern, Delgado, Reed, Waterman

                        Nay:

                        Motion:           Carried

 

F.     Consideration and action regarding approval of the procedures for filling a vacancy on the City Council.

 

City Clerk Edith Hoover explained the proposed procedure was used by her at the Town of Prescott Valley.  The City of El Mirage has never had a vacancy to be filled so there is no precedence.

 

Councilman Delgado made a motion to approve the procedures for filling a vacancy on the City Council; seconded by Councilwoman Reed and Councilman Monzon.

 

VOTE:            Yea:    Monzon, Bedolla, Kern, Delgado, Reed and Waterman

 

G.    Consideration and action regarding opening a public hearing to consider Ordinance O05-08-08 amending Sections 14-4-3, 14-5-8 and 14-5-10 of the Zoning Ordinance to allow retail uses in B-3 and I-2 districts and declaring an emergency.

 

Mayor Waterman opened the Public Hearing.

Sr. Planner Mark Smith reported this amendment will promote economic

development by encouraging more retail uses where they are feasible.  City

Manager BJ Cornwall requested that staff prepare an amendment to allow retail

uses in General Industrial.  The proposed amendment carries all retail uses over

into both the B-3 and I-2 zones.  The Planning & Zoning Commission voted 3 to 1

in favor of the amendment.  An increase in retail businesses will bring much

needed services and additional sales tax to the City of El Mirage.  It will also

encourage improvements to arterial streets.

 

There were no Public comments.

 

G1.   Consideration and action regarding closing a public hearing to consider Ordinance O05-08-08 amending Sections 14-4-3, 14-5-8 and 14-5-10 of the Zoning Ordinance to allow retail uses in B-3 and I-2 districts and declaring an emergency.

 

      Vice Mayor Kern made a motion to close the public hearing to reconvene into Regular Session; seconded by Councilwoman Reed.

 

      VOTE:      Yea:    Monzon, Bedolla, Kern, Delgado, Reed and Waterman

                        Nay:

                        Motion:           Carried

 

G2.   Consideration and action approving Ordinance O05-08-08 amending Sections 14-4-3, 14-5-8 and 14-5-10 of the Zoning Ordinance to allow retail uses in B-3 and I-2 districts and declaring an emergency.

Councilman Delgado made a motion to approve Ordinance No. O05-08-08, Amending Sections 14-4-3, 14-5-8 and 14-5-10 of the Zoning Ordinance to Allow retail uses in B-3 and I-2 districts and declaring an emergency; seconded by Councilman Monzon.

 

VOTE:            Yea:    Monzon, Bedolla, Kern, Delgado, Reed and Waterman

                                                Nay:

                                                Motion:           Carried

 

H.  Consideration and action regarding opening a public hearing to consider Ordinance O05-08-09 amending Section 14-6-10 of the Zoning Ordinance regarding the definition of Kiosk Sign.

 

Councilman Delgado made a motion to convene into Public Hearing to consider

Ordinance No. O05-09-09 amending Section 14-6-10 of the Zoning Ordinance

Regarding the definition of Kiosk Sign; seconded by Councilman Monzon.

 

VOTE:               Yea:    Monzon, Bedolla, Kern, Delgado, Reed and Waterman

                           Nay:

                           Motion:           Carried

 

Sr. Planner Mark Smith reported the change in wording recognizes that directional

kiosk signs are typically owned, erected, and maintained by a private company

who passes on a portion of the profits to the City by means of an agreement

approved by Council.  Allowing companies to manage kiosks within the City will

create an additional source of revenue for the City.

 

There were no Public Comments.

 

H1.   Consideration and action regarding closing a public hearing to consider Ordinance O05-08-09 amending Section 14-6-10 of the Zoning Ordinance regarding the definition of Kiosk Sign.

 

 

Councilwoman Reed made a motion to close the Public Hearing and reconvene

into Regular Session; seconded by Councilman Monzon.

VOTE:   Yea:    Monzon, Bedolla, Kern, Delgado, Reed and Waterman

               Nay:

               Motion:           Carried

 

H2.   Consideration and action approving Ordinance O05-08-09 amending Section 14-6-10 of the Zoning Ordinance regarding the definition of Kiosk Sign.

 

Vice Mayor Kern made a motion to approve Ordinance No. O05-08-09, amending Section 14-6-10 of the Zoning Ordinance regarding the definition of Kiosk Signs; seconded by Councilman Monzon.

 

VOTE:            Yea:    Monzon, Bedolla, Kern, Delgado, Reed and Waterman

                        Nay:   

                        Motion:           Carried

 

I.        Consideration and action on Resolution R05-08-23 approving the Final Plat of The Fairways, a 152-lot manufactured home rental community east of El Mirage Road and south of Cactus Avenue.

 

Mark Smith stated this plat consists of 152 rental spaces for manufactured homes and is located north of the existing resort spaces.  The preliminary plat was approved by the Planning and Zoning Commission on 8/18/04, and the Planned Area Development was approved by Council on 8/26/04.  Staff finds the final plat in accordance with the preliminary plat and stipulations and recommends approval.

 

Councilman Delgado made a motion to approve Resolution R05-08-23 approving the Final Plat of The Fairways, a 152-lot manufactured home rental community east of El Mirage Road and south of Cactus Avenue; seconded by Councilman Monzon.

 

VOTE:            Yea:    Monzon, Bedolla, Kern, Delgado, Reed and Waterman

                        Nay:

                        Motion:           Carried

 

J.      Consideration and action regarding appeal hearing and authoring staff to prepare, and the Mayor to sign, a Resolution reversing, affirming and/or modifying denial of a conditional use permit for a Cingular telecommunication tower at Keven’s Landscaping at 10341 N. El Mirage Rd.

 

Mark Smith reported this is an appeal of a conditional use permit request for a cellular tower at Keven’s Landscaping at 10341 N. El Mirage Road that was denied by the Planning & Zoning Commission on 7/20/05.  Council questioned the aesthetics of this tower.  Pictures were passed around showing the small unit attached to an already existing telephone pole.  Councilman Delgado has seen this type of tower done in the form of a palm tree.  Scott Quinn of Quinn United Enterprises on behalf of Cingular and the property owners is requesting approval as is but stated they would make it as aesthetically pleasing as possible.

 

Vice Mayor Kern made a motion to deny the appeal for a conditional use permit for a Cingular telecommunications tower at Keven’s Landscaping at 10341 N. El Mirage Road; seconded by Councilwoman Reed.

 

VIOTE:            Yea:    Monzon, Bedolla, Kern, Delgado, Reed and Waterman

                        Nay:

                        Motion:           Carried

 

VI.      COUNCIL SUMMARY OF CURRENT EVENTS

 

No comments were received.

 

VII.      CITY MANAGER SUMMARY OF CURRENT EVENTS

 

City Manager BJ Cornwall reported on the progress with the intersection of Dysart and Thunderbird Roads.  The railroad and the City are trying to work out liability issues.  Bids for the new fencing at Gentry Park have been received.  The lowest bid cannot get the work done for 6-8 weeks.  There will be a Public Open House regarding the future of the Aqua Fria transportation crossing on Tuesday, August 30th from 5:00 to 7:00 P.M. at the El Mirage Elementary School.  The HOA for Cactus Park is in the process of installing benches for school kids to keep them safe.  President George W. Bush will be coming to the Pueblo El Mirage on Monday, April 29, 2005.  More information will be coming out soon regarding this event.

 

VIII.      CALL TO THE PUBLIC

 

Sally Marquez:  She has met with City Manager BJ Cornwall and Mayor Fred Waterman regarding the Regional Park and looks forward to working with them.

 

Peter Munoz:  Mr. Munoz had questions regarding the upcoming September 13th election.  Under the Call To The Public, Council is not able to respond and Mr. Munoz was informed he could visit with Council after the adjournment of the meeting.

 

XI.  ADJOURNMENT

 

Councilman Delgado made a motion to adjourn at 7:40 p.m.; seconded by Councilwoman Reed.

 

VOTE:            Yea:    Monzon, Bedolla, Kern, Delgado, Reed and Waterman

                        Nay:

                        Motion:           Carried