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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 27, 2005

 

Minutes

 

I.      CALL TO ORDER

Mayor called the meeting to order at 6:00p.m. then led the public in the Pledge of Allegiance and Moment of Silence.

 

II.      ROLL CALL

Present were: Mayor Fred Waterman, Vice Mayor Michele Kern, Councilors Xavier Bedolla, Roy Delgado and Rick Monzon, City Manager BJ Cornwall, Attorney Fredda Bisman, City Engineer/Operations Director Chris Young, Interim Police Chief Brian Beamish, Acting Fire Chief Tom Christmas, City Clerk Edith Hoover

Absent was Councilor Tensi Reed

 

III.      CONSENT AGENDA

1.   Consideration and action regarding the second reading of Ordinance O05-10-11, adopting the codification of that certain document titled “Chapter 5, City Court” of the City Code of the City of El Mirage.

 

2.      Consideration and action regarding the second reading of Ordinance O05-10-12, adopting the codification of that certain document titled “Chapter 6, Animals” of the City Code of the City of El Mirage.

 

3.   Consideration and action approving Resolution R05-10-27, declaring as a public record that certain document titled “Chapter 10, Sanitation” of the City Code of the City of El Mirage.

 

4.   Consideration and action approving Ordinance O05-10-13, adopting the codification of that certain document titled “Chapter 10, Sanitation” of the City Code of the City of El Mirage.

 

5.   Consideration and action approving Resolution R05-10-28, declaring as a public record that certain document titled “Chapter 13, Traffic-Motor Vehicles” of the City Code of the City of El Mirage.

 

6.      Consideration and action approving Ordinance O05-10-14, adopting the codification of that certain document titled “Chapter 13, Traffic-Motor Vehicles” of the City Code of the City of El Mirage.

 

7.      Consideration and action regarding allowing the City of El Mirage to piggyback onto Maricopa County Contract Serial 02064-S with National Environmental Solutions for Dead Animal Collection Services on a short term experimental basis at a cost of $43.99 per animal pick up.

 

8.   Consideration and action regarding approval of payment to Central Arizona Water Conservation District (CAGRD) the 2004 assessed Annual Replenishment Tax in the total amount of $431,208.00.

 

9.   Consideration and action regarding purchase of 108 replacement cloth media filters for the Aqua Disk units at the Waste Water Treatment Plant at a cost of $114.00 each plus tax and estimated shipping for a total cost not to exceed $15,000.00.

 

10.       Consideration and action regarding approval to accept proposal AZ031505-1 with ProPipe (Professional Pipe Services) and schedule daily sewer pipe cleaning for the two-week period of 31 October – 11 November 2005 at a total cost not to exceed $16,500.00 ($1200/8hour day, plus daily travel fuel charge @ $300/day, plus tax).

 

11.    Consideration and action regarding approval of 3 service contracts and a Master Service Agreement from COX Communications concerning telephone service at 12001 W. Peoria Ave., fiber optics data and voice services to 12145 NW Grand Ave., 14010 N. El Mirage Rd., 13513 N. El Mirage Rd., and 12001 W. Peoria Ave., fiber optics data and voice service to 14406 N. Primrose St. and a master service agreement to provide secure telework services to qualified City employees.  These contracts total $330,818.40 over a 60 month period.

 

12.    Consideration and action regarding approval of the FY 2005-2006 El Mirage Police Department Memorandum of Understanding.

ITEM 12 MOVED TO ITEM “C”

 

Councilor Monzon made a motion to remove item 12 from the Consent Agenda.

 

City Manager BJ Cornwall stated they will be removing the original item C later on.  The Mayor said item 12 will now be item C and asked for a motion to approve Consent Agenda items 1-11.

 

Councilor Delgado made a motion to approve Consent Agenda items 1-11; seconded by Councilor Bedolla.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

IV.      MAYOR’S COMMENTS

Planning and Zoning Commissioner Danny Turner is moving out of the City so there will be a vacancy.

 

V.      REGULAR AGENDA

A.   Consideration and action regarding convening into public hearing of the Board of Adjustment to consider a requested variance from the Zoning Ordinance.

 

Vice Mayor Kern made a motion to convene into public hearing of the Board of Adjustment; seconded by Councilor Delgado.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

A1.   Consideration and action regarding a variance to allow 5’ & 10’ side setbacks in R-43, where 30’ is required, for a proposed residence on a non-conforming 100’ lot at 10836 N. 125th Avenue.

 

Senior Planner Mark Smith explained this item.  Most of the lots in this area are 200’ wide, some were split when this was R1 zoning which allowed less width on the lot.  They would like to put a large custom home on this lot but it will not fit with the 30’ setbacks.  The owners to the north have an objection.  They did not like the way the garage faced, Mr. Garcia (variance requester) told Mark they would change that.  The home has a 40’ front setback.  The second story is not adjacent to the north side; it does not face the north.  There are no windows on the second floor.  The options are a 40’ wide house if the are to meet the ordinance, to grant a partial variance or approval as they have requested.  Mr. Garcia was not in the audience.  The Translavinia’s are present.  Board member Delgado thinks it is a beautiful home but he does not see bending the rules that far.  How could the Fire Department get in there if needed?  Chair Waterman asked if he bought the property prior to the City changing the Zoning.  Mark was not sure when the property was purchased.  Vice Chair Kern asked if the surrounding properties are vacant and do they have the same setbacks.  Mark stated that if the homes were built prior to the zoning change, they had different requirements.  Vice Chair Kern is not sure if the people who live in the neighborhood will be happy with 40’ homes in that area, it affects the esthetics, the values and all the things involved in the property, it doesn’t just affect the one individual, it will ultimately affect everyone in that neighborhood.  She thinks the City dropped the ball when they allowed the property to be split.  Mark stated there are a few of these properties on 125th closer to Varney but not many.  The Chair stated the people could buy two lots.  Vice Chair Kern feels the 40’ houses will drop everyone’s property values.  Chair clarified variances and when the person bought the property; whether it was changed by the City or if they knew they would need 30’ setbacks. 

 

Elida Traslavina 10840 N 125th Ave.  ask when the zoning was changed.  The answer is the City changed it in 2003.  She purchased the north half of the property in 1996, she is not sure when Mr. Garcia bought the south half.  They bought it for their dream home and she feels the house should not be to close to her home.  They built there home prior to the zoning change.

 

Mr. Traslavina stated when they built their home there were no restrictions.  Chair then reiterated that this is why we need to know when Mr. Garcia bought his property.  If he bought it under different zoning then we should consider the variance.  If he bought it under the new zoning, then he knew the restrictions.  Vice Chair Kern asked about the surrounding lots.  She asked them to think about those 8 lots having 40’ wide home on them and what that will do to property value.  What will that look like and the value?  She wants to be sure they are thinking about that and the value of their home.  Board member Delgado stated those homes are already there to the west.  Chair stated again that people could buy more than one lot.  The Traslavina’s stated there is one home that just got built within the setbacks and it is a real nice home.  Mark Smith stated they do not know when the property was purchased so we may want to continue this.  Attorney Bisman suggested they continue this to the November 10th meeting. 

Mr. Garcia arrived and Board member Bedolla told him in Spanish why they were going to continue this item.  Mr. Garcia wanted to try to answer the questions in English.

 

Jose Garcia 4233 W. Wilshire, Phoenix:  He bought the land about 5 years ago.  Chair asked if they could vote tonight and then if he is incorrect, change it.  Fredda stated she believed that would cause more problems.  Mr. Garcia stated he could provide that information tomorrow.  Chair explained we don’t have a meeting then.  Fredda Bisman reiterated that the item should be continued to the November 10th meeting.  Board member Bedolla spoke to him in Spanish to explain that to him.  Vice Chair Kern requested staff tell her how many of these situations will come before them. 

 

Vice Chair Kern made a motion to continue the item to the November 10th meeting; seconded by Board member Delgado.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

A2.   Consideration and action regarding closing the public hearing of the Board of Adjustment after consideration of a requested variance from the Zoning Ordinance.

 

Vice Mayor Kern made a motion to close the public hearing; seconded by Councilor Bedolla.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

B.    Consideration and action amending the procedure for appointment to fill vacant Council seats that was approved by the City Council on August 8th, 2005.

 

BJ explained the change is that all applicants would be interviewed.  Vice Mayor Kern would like to remove the limit on the number of questions Council submits to the Attorney and the time in which they would have to turn them in.  Councilor Delgado asked why the Clerk is not more involved.  BJ explained staff is not supposed to be political and this is a political process.  Councilor Delgado asked if they could put who they vote for in a hat and whom ever has the most votes win.  Fredda said “no”.

 

Vice Mayor Kern made a motion to approve as amended; seconded by Councilor Bedolla.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

C.  Consideration and action regarding approval of an Intergovernmental Agreement with Maricopa County Sheriff’s Department.

 

      REMOVED because the item did not arrive until today.

 

C.  (WAS ITEM 12) Consideration and action regarding approval of the FY 2005-2006 El Mirage Police Department Memorandum of Understanding

 

Councilor Monzon asked why there is no signature line for the Mayor.  Fredda explained that this is before Council because it is a contract.  The Mayor does not need to physically sign the document

 

El Mirage Police Officer James Chance 12709 W Sunnyside Circle, thinks it speaks poorly of the City that the officers haven’t received a raise in 3 years.  He thinks we are soliciting poor officers if we are not paying the same as other cities for the same job.  The Mayor asked if he knew if his Union board brought that up in negotiations.  Officer Chance said it is one of the main item usually discussed and it will be brought up in the new MOU December 1, 2005.  The bargaining unit was told there was no money although other members of the City are getting pay raises and the officers are not.  Officer Chance is speaking as a citizen and he is concerned about the quality of officers coming into the City because the new hires are not getting paid like they should.  The Mayor agrees we are in competition with other cities. It is not up to the other side in negotiations to say “how can we help you”.  Vice Mayor Kern thinks it is unfortunate that if the officers were unhappy with this that they ratified it.  Officer Chance stated the officers pay raises have been held up since July 1st till this was completed.  Councilor Delgado said Police and Fire are dear to his heart and it disturbs him that a citizen would come up and talk to them over pay.  He thinks the departments have gone downhill and he thinks they should get concerned the next time this comes around.  Councilor Monzon feels a Councilmember should sit on the negotiations.

 

Vice Mayor Kern made a motion to accept the joint recommendation of City Management and Police Union and approve this document; seconded by Mayor Waterman.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Waterman

                        Nay: Monzon

                        Absent: Reed

                        Motion: Carried

 

Vice Mayor Kern expects to see this document at the appropriate time next year.  Councilor Monzon agrees.

 

VI.      COUNCIL SUMMARY OF CURRENT EVENTS

Vice Mayor Kern mentioned there will be a Public Safety event on Saturday and it would be nice to see everyone.

 

VII.      CITY MANAGER SUMMARY OF CURRENT EVENTS

BJ began with the Census.  We have until November 23rd   Today we have turned in half of the censuses sent out.  If it ended today we would be giving up 17.5 million dollars.  The TAG program is going well, it is now Valley wide.  There will be an event after the Public Safety event on Saturday.  The kiosk signs will be going up soon.  Hanson Pipe Groundbreaking will be November 3rd at 1pm.  On June 12th the Council voted to take action against the City of Glendale regarding the strip annexation.  Letters are going out to the property owners within the 40 square miles so if Council is asked questions, please refer them to him. 

 

VIII.      CALL TO THE PUBLIC - NONE

 

IX.      ADJOURNMENT

Vice Mayor Kern made a motion to adjourn at 7:25p.m.; seconded by Councilor Delgado.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried