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REGULAR MEETING OF THE COMMON COUNCIL

OF THE CITY OF EL MIRAGE

EL MIRAGE ELEMENTARY SCHOOL

13500 N. EL MIRAGE ROAD

6:00 P.M., THURSDAY, DECEMBER 8, 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, Interim Police Chief Brian Beamish, Acting Fire Chief Tom Christmas, and City Clerk Edith Hoover.

Absent were Councilor Tensi Reed and City Engineer/Operations Director Chris Young (Excused due to illness)

 

III.      CONSENT AGENDA

 

1.   Consideration and action regarding approval of Resolution No. R05-12-34, declaring as a public record those documents amending Chapter 3, Sec. 3-4-2, Purchase Orders Required; Section 3-4-5, Quotation or Bid Requirements; and adding Section 3-4-14, Protests of City Actions:  Solicitation, Contract, Change Order or Suspension and/or Debarment; Section 3-4-15, Non Discrimination and Equal Access, and Civil Rights Statement; and, Section 3-4-16, Minority Owned Business Enterprises (MBE) and Woman Owned Business enterprise (WBE) and Disadvantage Business Entities (DBE) of the City Code of the City of El Mirage.

 

2.      Consideration and action regarding approval of Ordinance No. O05-12-18, amending Chapter 3, Sec. 3-4-2, Purchase Orders Required; Section 3-4-5, Quotation or Bid Requirements; and adding Sect. 3-4-14, Protests of City Actions: Solicitation, Contract, Change Order or Suspension and/or Debarment; Sect. 3-4-15, Non Discrimination and Equal Access, and Civil Rights Statement; and, Sect. 3-4-16, Minority Owned Business Enterprises (MBE) and Woman Owned Business Enterprise (WBE) and Disadvantage Business Entities (DBE) of the City Code of the City of El Mirage and declaring an emergency.

 

3.      Consideration and action regarding approval of the November 15thand November 21st Council meeting minutes.

 

4.      Consideration and action regarding approval of Resolution No. R05-12-35, approving the form and authorizing the execution and delivery of loan agreements with the Water Infrastructure Finance Authority of Arizona and, if necessary guaranty or similar agreements to provide reserve fund surety bonds or insurance policies necessary in connection therewith; delegating the determination of certain matters relating thereto to the Manager of the City; providing for the transfer of certain moneys and making certain covenants and agreements with respect thereto; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by such loan agreements, such guaranty or similar agreements and this resolution and declaring an emergency.

 

5.      Consideration and action regarding approval of an I.G.A. between the City of El Mirage and Maricopa County to extend the lease agreement for court facilities.

 

6.      Consideration and action regarding approving a contract between the City of El Mirage and ChoicePay for the purpose of collecting Utility Bill Payments by phone and over the internet, 24 hours per day, 7 days per week.  ChoicePay will collect a $1.95 convenience fee from the customer for each payment transaction.

 

Vice Mayor Kern made a motion to approve; seconded by Councilor Monzon.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

IV.      MAYOR’S COMMENTS

 

The Mayor has been working with the Public Transit Authority to try to get bus service down Thunderbird, up Dysart to Grand Ave.  They said they will authorize it to go down Greenway at the school.  This is a service that will go straight down to Phoenix and back in early morning and evening.  Four Cities are going to look at extending the service.

 

V.      REGULAR AGENDA

 

A.     Consideration and action regarding convening into Board of Adjustment for the purpose of hearing public comment regarding the following items:

1.   Garcia Variance for 5’ and 10’ rather than 30’ side setbacks at 10836 N. 125th Ave. (continued from the 10-27 Council Meeting)

2.   Arismendez variances from area, setback, landscape and parking plus exception to right of way at 11912 W. Thunderbird. Rd.

3.   Clayton Homes variances for parking, landscape and screening of open storage at 12345 W. Butler Dr.

 

Councilor Delgado made a motion to convening into Board of Adjustment; seconded by Councilor Bedolla.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

1.   Garcia Variance for 5’ and 10’ rather than 30’ side setbacks at 10836 N. 125th Ave. (continued from the 10-27 Council Meeting)

 

Senior Planner Mark Smith explained that this item was continued from the October 27, 2005 Council Meeting.  Council asked for more information:  (1) the number of similar narrow lots in the Dysart Ranchettes, (2) proof regarding when Mr. Garcia bought his parcel, and (3) the setbacks on other properties in the area.

 

In answer to the first question, there are presently only 12 similar narrow half-lots in the Dysart Ranchettes.  Of these narrow lots, only two are not built on, including Mr. Garcia’s and one owned and used in conjunction with its neighboring parcel.

 

In answer to the third question, the Traslavinas have already indicated that they are 10’ from their south property line.  Many other homes were built close to their property lines as well, both on narrow lots and wider lots, due to the R-1 zoning that existed until 2003.

 

Councilman Delgado questioned Interim Fire Chief Tom Christmas if the Fire Department could get back there if necessary.  Chief Christmas stated the Fire Department  would definitely like more than 5’.  He also reported the Fire Department did not see this variance before staff recommended approval.

 

There were no public comments.

 

2.   Arismendez variances from area, setback, landscape and parking plus exception to right of way at 11912 W. Thunderbird. Rd.

 

Senior Planner Mark Smith explained that this property is located on the NW corner of Thunderbird Rd. and El Frio, with a site address of 11912 W. Thunderbird Rd. Applicant wishes to construct a new building in two phases.  The first phase will be the shell building only and the second phase will be the tenant improvements.  The lot area is not adequate to accommodate setbacks and parking.  Lot width requirements are 150’ and applicant wants 70’.  Rear, side and corner side building setbacks provide for 0’ where 15’ to 20’ is required.  Parking lot setbacks provide 0’ & 2” where 3’ and 10’ are required on the side and front.  Landscape easement requirements are 10’ on the front and corner side.  Staff recommends denial

 

There were no public comments.

 

3.   Clayton Homes variances for parking, landscape and screening of open storage at 12345 W. Butler Dr.

 

Senior Planner Mark Smith explained the required island will eliminate 16 parking stalls the plant needs for employers and customers.  Fakrul Alam, agent for Clayton Homes, stated the screening is not for open storage but rather for a staging center which they prefer to have the public see.  The homes are put in that area until they are moved to the site.  Staff recommends waiving the parking landscape but requiring screening of the storage area.

 

Vice Mayor Kern reviewed the site plan.

 

There were no public comments.

 

B.  Consideration and action regarding a variance request by Jose Garcia to allow 5’ and 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.

 

Board member Delgado made a motion to approve; seconded by Board member Monzon.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

C.  Consideration and action on request by Dennis Arismendez for variances from area, setback, landscape, and parking requirement plus exception to right-of-way dedication for a retail building site in B-2 at 11912 W. Thunderbird Rd. (north side of Thunderbird Rd., west of El Frio St.)

 

Vice Chair Kern made a motion to deny; seconded by Board member Delgado.

           

VOTE:   Yea: Delgado, Kern, Monzon, Waterman

                        Nay: Bedolla

                        Absent: Reed

                        Motion: Carried to Deny

 

D.    Consideration and action on request by Fakhrul Alam, agent for Clayton Homes, for variances for landscaping and screening for a plant addition at 12345 W. Butler Dr

 

Board member Delgado made a motion to approve; seconded by Board member Monzon.

 

VOTE:   Yea: Bedolla, Delgado, Monzon,

                        Nay: Kern, Waterman

                        Absent: Reed

                        Motion: Failed

 

E.     Consideration and action regarding closing the Board of Adjustment and reconvening into Regular Session.

 

Vice Chair Kern made a motion to close Board of Adjustment and reconvening into Regular Session; seconded by Board member Bedolla.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

F.     Consideration and action regarding convening into public hearing for the purpose of hearing public comment for the following items:

 

1.      Conditional Use Permit for Jehovah’s Witnesses at the NW Corner of El Mirage and Desert Cove Roads.

 

2.      Site Plan approval for Clayton Homes for manufactured home plant expansion at 12345 W. Butler Drive.

 

3.      Rezoning of all lots on Honcho St. from Thunderbird Rd. to Grand Ave. from R-4 (MH) to R-1a (SFR).

 

4.      Conditional Use Permit for Wade Rodgers for a 1,883 S.F. accessory building at 12919 W. Sahuaro Dr.

 

5.      Conditional Use Permit for Lonny Miller for a 2,400 S.F. accessory building at 12827 W. Wolfley Dr.

 

6.      Conditional Use Permit for Declan Murphy of T-Mobile for a telecommunications monopalm at Rancho El Mirage Plaza, 13915 N. Dysart Rd., NE corner of Dysart and Thunderbird Roads, N of railroad tracks.

 

Vice Mayor Kern made a motion to convene into Public Hearing; seconded by Councilor Delgado.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

1.      Conditional Use Permit for Jehovah’s Witnesses at the NW Corner of El Mirage and Desert Cove Roads.

 

Senior Planner Mark Smith reported this property location is 12320 W. Desert Cove.  The church bought one-half of a 10-acre parcel but is only building on the access easement along the property line, so access is on Desert Cove Rd.  There are numerous churches in the area and all are adjacent to major roads for access and visibility.  This church should not pose much additional impact on local streets or lots.  It will be screened with a 6’ wall in the rear and 3’ wall along the frontages.  Staff recommends approval of the conditional use subject to the following stipulations:  (1)  Use shall be built according to plans submitted and in accordance with all applicable City Codes and policies including items below;  (2)  Developer shall dedicate 10’ of additional right-of-way for widening of El Mirage Road to 65’ half-width as a major arterial roadway;  (3)  Developer shall either install or make a payment to the City in lieu of the required right-of-way improvements to Desert Cove Road;  (4)  Developer shall install automatic fire sprinklers and alarm systems plus a hydrant and FDC connection by east driveway per Fire Department;  (5)  Developer shall obtain right-of-way permits and install utilities, access drives, and streetlights plus on-site retention per Engineering Dept.; and, (6)  Landscape Plans and signs shall be reviewed and approved by staff.

 

Council showed concern regarding the number of parishioners in the future.  Dust has always been a great concern for the Ranchettes. 

 

Public Comments:

 

Bill Conner, Planning and Zoning Commissioner – Mr. Conner is very concerned with the access on Desert Cove Road because of the large amount of dust the Ranchettes already have to deal with.  As a resident in that area he does not recommend this entrance.  He is also concerned about the lack of property taxes.  What will the City lose in taxes?

 

2.      Site Plan approval for Clayton Homes for manufactured home plant expansion at 12345 W. Butler Drive.

 

Senior Planner Mark Smith reported Clayton Homes is located on the south side of Butler Drive just west of El Mirage Road.  The plant constructs manufactured housing and now has 221 employees.  They propose to expand the present plant for more work space for drywall operations and a new loading dock.  The new construction is proposed to match the existing painted metal structure.  While the additions appear small in comparison, with the existing plant, they are sufficiently large to require the retrofitting of the site to the present standards for landscaping in the parking lot and along street frontage plus screen walls to shield parking lot and loading facilities.  The developer plans to replace the existing chain link fence along the street with a block screening wall and to apply for a variance from the landscaping requirements.  They will also need to meet new fire and building codes and address additional on-site retention requirements for added areas.

 

Public Comment:

 

Bill Conner, 13019 W. Desert Cover – Mr. Conner pointed out at the Planning and Zoning meeting he made a motion to approve with stipulations.  The stipulations were:  (1) Site shall be developed in accordance with the plans submitted and all applicable City Codes as reflected in stipulations below; (2)  Landscaping on street frontage shall be increased to comply with City Landscaping Regulations.  All other landscaping requirements may be waived if approved by the City Council acting as the Board of Adjustment; (3)  Additional hydrants shall be provided north, west and south of the addition on a looped water line with FDCs located away from the buildings plus automatic fire sprinklers and alarm system per Fire Dept.; and, (4)  Developer shall satisfy Engineering requirements for retention and any additional off-site improvements per the City Engineer. 

 

3.      Rezoning of all lots on Honcho St. from Thunderbird Rd. to Grand Ave. from R-4 (MH) to R-1a (SFR).

 

Senior Planner Mark Smith reported City Code Enforcement Officer Anthony Kern has requested that the City consider rezoning the lots in Rio Paradise along Honcho Rd. between Grand Ave. and Thunderbird Road.  Rio Paradise is the only actual subdivision in the City which is zoned R-4.The attempt has been not to inflict greater cost to the property owners but to upgrade the quality and value of the downtown residential neighborhoods.  The current lots are non-conformed to both R-1a and R-4 standards.  If the homes in this area are damaged beyond 50% of their value or removed for any other reason, they may only be replaced by site-built or modular homes in compliance with the R-1a Zoning and currently adopted International Building Code.

 

No public comments were made.

 

4.      Conditional Use Permit for Wade Rodgers for a 1,883 S.F. accessory building at 12919 W. Sahuaro Dr.

 

Senior Planner Mark Smith reported this structure would contain an RV garage plus living space which includes a “game room/pool house” and “office”.  The Zoning Ordinance does not allow any accessory residence in R-43, and State law does not allow exceptions for higher density within noise zones.  Staff recommends approval of the conditional use subject to the following stipulations:  (1)  Building shall be built in accordance with any and all applicable City codes including zoning regulations, building codes, fire codes, and one-site stormwater retention; building shall be used only for storage of personal vehicles or items and not for a residence or for any commercial or rental facilities; and, structure shall be modified to accommodate no more than a wet bar and half bath so that it does not constitute a secondary dwelling unit.

 

No public comments were received.

 

5.      Conditional Use Permit for Lonny Miller for a 2,400 S.F. accessory building at 12827 W. Wolfley Dr.

 

Senior Planner Mark Smith reported there is no residence on this property.  The previous owner used the property for livestock.  Mr. Miller stores historic vehicles on the premises and would like to place a Bunger steel building on the property to store them in and protect them from theft or vandalism.  He proposed to paint the building light tan with dark tan trim.  The building will be 12’ in height and meet the minimum setbacks for accessories in R-43.  Mr. Miller intends to build a home on the property within the next two years.  Staff recommends approval of the site plan subject to the following:  (1) Building shall be built according to the plans provided and in accordance with any and all applicable City codes including building codes and fire codes and on stormwater retention; (2)  building shall be used only for storage of personal vehicles or items and not for a residence or for any commercial or rental facilities; and (3) a permit for the principal residence must be applied for within two years or the applicant must reapply for continuation of the conditional use permit.

 

Public Comment:

 

Lonny Miller (applicant), 8209 W. Montecito, Phoenix – Mr. Miller is concerned because it has taken so long to get this approval.  He has antique cars to store.  He stated he was not told it was not possible to get a Conditional Use Permit.  Mr. Miller was upset because he had to pay for the process when City staff knew it was not possible.

 

Bill Conner, 13019 W. Desert Cove Rd. – Mr. Conner is concerned because Mr. Miller’s project is putting a storage yard in his neighborhood.  He works from home and looks out the window and is not pleased to have this project in his backyard.  Concerned there is no primary building on the lot even though Mr. Miller has owned the property for many years.

 

6.      Conditional Use Permit for Declan Murphy of T-Mobile for a telecommunications monopalm at Rancho El Mirage Plaza, 13915 N. Dysart Rd., NE corner of Dysart and Thunderbird Roads, N of railroad tracks.

 

Senior Planner Mark Smith reported this request is for a conditional use permit for a telecommunications monopole camouflaged to look like a palm tree to be placed on the south side of the Rancho El Mirage Plaza at 13915 N. Dysart Road or the northeast corner of Dysart and Thunderbird Roads north of the railroad.  All tele-communications facilities require conditional use permits in accordance with the City’s new ordinance approved last year.  The ordinance encourages these facilities to be either co-located on existing utility poles or camouflaged to disguise them from view.  Staff recommends approval subject to the following stipulations:  (1) development shall conform to approved site plan and elevations and all applicable City codes and policies plus specific stipulations set forth below; (2) developer shall install Supra lock box on the gate per Fire Dept. specifications; and, (3) the pole and equipment shall be set back at least 5’ from property lines.

 

Public Comment:

 

Declan Murphy, agent for T-Mobile – Mr. Murphy stated this is a realistic looking artificial palm. 

 

Council Comment:

 

Council recommended perhaps the tower could be placed on top of the Walmart building.

 

Councilman Delgado asked to have Walmart and also the Burlington Northern Santa Fe Railroad contacted to see if they had any issues with this tower.

 

G.    Consideration and action regarding closing the public hearing on zoning items.

 

Councilor Delgado made a motion to close Public Hearing; seconded by Councilor Bedolla.

 

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

                                    Nay:

                                    Absent: Reed

                                    Motion: Carried

 

H.    Consideration and action regarding the request by Barry LeNier of Jehovah’s Witnesses for a Conditional Use Permit for a church at the NW corner of El Mirage and Desert Cove Roads.

 

Councilman Bedolla made a motion to approve.  Motion died due to lack of a second.

 

Barry LeNier of Jehovah’s Witnesses stated the number of parishioners would never go beyond 180-190 because the church would go elsewhere in El Mirage and open an additional church.

 

Councilor Delgado made a motion to approve with the stipulations including road improvements in the Ranchettes; seconded by Councilor Monzon.

 

VOTE:   Yea: Delgado, Kern, Monzon, Waterman

                        Nay: Bedolla

                        Absent: Reed

                        Motion: Carried

 

I.        Consideration and action regarding the request by Russell Marcellus, agent for Clayton Homes, for Site Plan approval for expansion of the manufactured home plant at 12345 W. Butler Dr.

 

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

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

J.      Consideration and action regarding Ordinance O05-11-19 to rezone all lots on Honcho Street from Thunderbird Rd. to Grand Ave. from R-4 Mobile Home Residential to R-1a Single Family Residential.

 

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

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

K.    Consideration and action regarding the request by Wade Rodgers for a Conditional Use Permit for an accessory building of 1,883 square feet in R-43 (75db) at 12919 W. Sahuaro Dr.

 

Councilor Delgado made a motion to approve; seconded by Councilor Monzon.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

L.     Consideration and action regarding the request by Lonny Miller for a Conditional Use Permit for an accessory building of 2,400 square feet in R-43 (70db) at 12827 W. Wolfley Dr.

 

Vice Mayor Kern made a motion to deny; seconded by Councilor Bedolla.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

M.    Consideration and action regarding a request by Declan Murphy of T-Mobile for a Conditional Use for a telecommunications monopalm at Rancho El Mirage Plaza, 13515 N. Dysart Road, NE corner of Dysart and Thunderbird Roads, N of railroad tracks.

 

Vice Mayor Kern made a motion to table; seconded by Councilor Delgado.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

N.    Consideration and action regarding convening into public hearing for the purpose of hearing public comment regarding a Series 10 Interim Permit and New License for Pankajkumar Patel for R & G Mini Mart located at 12239 NW Grand Ave., El Mirage

 

Vice Mayor Kern made a motion to convene into public hearing; seconded by Councilor Monzon.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

Interim Chief Beamish stated that they do not have an objection based on the investigation they are able to perform.

 

No public comments were received.

 

O.    Consideration and action regarding closing the Public Hearing and reconvening into regular session.

 

Vice Mayor Kern made a motion to close Public Hearing; seconded by Councilor Delgado.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

P.     Consideration and action regarding approval of a Series 10, Interim Permit and New License for Pankajkumar Patel for R & G Mini Mart located at 12239 NW Grand Ave., El Mirage

 

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

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

Q.    Consideration and action regarding the changing of the second regularly scheduled meeting in December due to the Christmas Holiday.

 

Vice Mayor Kern made a motion to hold the second meeting in December on December 22, 2005;seconded by Councilor Bedolla.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

VI.            COUNCIL SUMMARY OF CURRENT EVENTS

 

Councilor Monzon stated that St. Vincent de Paul helped 368 citizens in El Mirage for Thanksgiving.  We are also going to be helping 50 families with gifts for Christmas.

 

VII.            CITY MANAGER SUMMARY OF CURRENT EVENTS

 

BJ introduced Greg Swartz from Piper Jaffary and he read a summary of R05-12-35 (see attached).  BJ summarized that the tax payers just saved 4.4 million dollars and we now have the money to make the improvements.

 

VIII.            CALL TO THE PUBLIC

 

IX.            EXECUTIVE SESSION

 

Discussion and consultation with the City’s attorney for legal advice concerning the filling of a vacancy on the City Council.  A.R.S. §38-431.03(A)(3)

 

Vice Mayor Kern made a motion to convene into executive session; seconded by Councilor Bedolla.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

Vice Mayor Kern made a motion to close executive session and reconvene into Regular Session; seconded by Councilor Bedolla.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried

 

X.            ADJOURNMENT

 

Vice Mayor Kern made a motion to adjourn at 9 p.m.; seconded by Councilor Bedolla.

 

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

                        Nay:

                        Absent: Reed

                        Motion: Carried