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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, FEBRUARY 23, 2006

 

Minutes

 

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

 

ROLL CALL – Present were:  Mayor Fred Waterman, Vice Mayor Michele Kern, Councilor Xavier Bedolla, Councilor Roy Delgado, Councilor Rick Monzon, Councilor William Conner, City Manager B.J. Cornwall, Attorney Fredda Bisman, City Engineer Chris Young, Police Chief Bryan Beamish, Acting Fire Chief Tom Christmas and City Clerk Edith Hoover.  Absent:  Councilor Tensi Reed

 

CONSENT AGENDA

 

Consideration and Action regarding approval of the second reading of Ordinance No. O06-02-03, adopting the codification of Chapter 15, “Floodplain Management” of the City Code of the City of El Mirage, Arizona.

 

Consideration and Action regarding Resolution No. R06-02-05, declaring as a Public Record that certain document titled “Chapter 21, Zoning Ordinance” of the City Code of the City of El Mirage.

 

Consideration and Action regarding Ordinance No. O06-02-05, adopting the chapter number change for the Zoning Ordinance and codification of Chapter 21, “Zoning Ordinance” of the City Code of the City of El Mirage, Arizona.

 

Consideration and action regarding Resolution No. R06-02-06, authorizing the City to enter into a contract with Community Services of Arizona (CSA) as Housing Consultant for the El Mirage Housing Rehabilitation Program.

 

The Item regarding Resolution No. R06-02-09, authorizing the City to submit applications to Maricopa County Community Development and/or Maricopa County Department of Transportation for Street Improvement Funds and execute awarded agreements was removed from the Consent Agenda to be voted on at a later date.

 

Councilman Delgado made a motion to approve all items on the Consent Agenda with the exception of Resolution No. R06-02-09; seconded by Councilman Conner.

 

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

                  Nay:

                  Absent:           Reed

                  Motion:           Carried

 

MAYOR’S COMMENTS

 

      Mayor Waterman had no comments at this time.

 

REGULAR AGENDA

 

Presentation of Certificates of Appreciation by Mayor Waterman to Chris Hicks, Gerald Miller, and Brad Gresham of DeVry University.  These students, volunteering for the City’s Information Technology Department as part of their Senior Class Project, provided necessary project evaluation and implementation services of data systems in support of the City’s information technology initiatives.  These services, provided under close supervision of City and DeVry University staff, saved the City an estimated $5,000.00 of consulting services.

 

Mayor Fred Waterman presented Certificates of appreciation to Gerald Miller and Brad Gresham of Devry University.  Chris Hicks was unable to attend due to a prior commitment.  As part of their Senior Class Project, these gentlemen volunteered for the City’s Information Technology Department.  They provided necessary project evaluation and implementation services of data systems in support of the City’s information technology initiatives.  These services provided an estimated $5,000 of consulting services.

 

Consideration and action regarding giving the City Manager the authority to approve up to $380,000 for the purchase of a centrifuge for the Wastewater Treatment Plant.

 

Operations Director/City Engineer Chris Young explained this is a dewatering system for the Wastewater Treatment Plant.  It is difficult to take the bell press into the building because it won’t fit.  The centrifuge is more efficient.  He has evaluated several across the country and has determined this particular centrifuge to be the best for our facility.  The cost will actually be $370,000.  He requested the approval for the City Manager to approve this procurement.

 

Vice Mayor Kern made a motion to approve the purchase of a centrifuge and give the City Manager the authority to approve up to $380,000 for the purchase of a centrifuge for the Wastewater Treatment Plant; seconded by Councilor Monzon.

 

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

                  Nay:

                  Absent:           Reed

                  Motion:           Carried

 

Consideration and action regarding convening into Board of Adjustment AND Public Hearing for the purpose of receiving public comment relative to a request by Gino Diaz for a variance to allow a 5’ front yard setback in R-1a (rather than 20’) for a carport addition to a residence at 14206 N. Alto Street.

 

Vice Mayor Kern made a motion to convene into Board of Adjustment and Public Hearing for the purpose of receiving public comment relative to a request by Gino Diaz for a variance to allow a 5’ front yard setback in R-1a (rather than 20’) for a carport addition to a residence at 14206 N. Alto Street; seconded by Councilor Bedolla.

 

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

                  Nay:               

                  Absent:           Reed

                  Motion:           Carried

 

Sr. Planner Mark Smith explained the 5’ would be from the property line.  He is concerned about setting precedence.  He stated it is a reasonable use and not detrimental to surrounding properties.

 

Daniel Diaz, Applicant – This will be a free standing open car port.  Pillars there are over 3 years old and he did not know he needed a permit.  He is trying to do something for the community.  His home was built in 1952 when the sides of the homes were built on the property line.  Therefore, he needs to put it in the front of the home.

 

Consuelo Vasquez, Sister of Mrs. Diaz who lives in Surprise – Mrs. Vasquez spoke on behalf of Daniel Diaz.  This is the old town site and they should not be required to deal with the current ordinances.  She drove around the City and found many carports that do not meet the requirement.  She asked for leniency because it is the old town site.  The house is 50’ wide and the lot is 60’ wide.

 

Jim Stitler, Valentine Street, El Mirage – Mr. Sitler suggested that perhaps Mr. Diaz could put the carport in the back and enter from the alley.

 

Consideration and action regarding closing the Public Hearing and reconvening into Board of Adjustment.

 

Vice Chair Kern made a motion to approve closing the Public Hearing and reconvening into Board of Adjustment; seconded by Councilor Conner.

 

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

                  Nay:

                  Absent:           Reed

                  Motion:           Carried

 

Consideration and possible action on request by Gino Diaz for variance to allow a 5’ front yard setback in R-1a (rather than 20’) for a carport addition to residence at 14206 N. Alto Street.

 

Vice Chair Kern made a motion to deny the request by Gino Diaz for variance to allow a 5’ front yard setback in R-1a (rather than 20’) for a carport addition to residence at 14206 N. Also Street; seconded by Councilor Monzon.

 

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

                  Nay:

                  Absent:           Reed

                  Motion:           Carried

 

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

 

Vice Chair Kern made a motion to close the Board of Adjustment and reconvene into Regular Session; seconded by Councilor Conner.

 

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

                  Nay:

                  Absent:           Reed

                  Motion:           Carried

 

Consideration and action regarding convening into Public Hearing for the purpose of receiving public comment relative to:

 

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

 

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

                        Nay:

                        Absent:           Reed

                                    Motion:           Carried

 

1.                  A request by Northern Utah Storage LLC for site plan approval for a Family Dollar Store at 12445 NW Grand Ave. (Grand Ave. west of Acoma Dr.)

 

Sr. Planner Smith explained the developer wants to take advantage of the high volume of traffic along Grand Avenue and develop a retail building.  The existing B-2 (General Business) zoning allows a variety of uses.  The new building will allow additional retail.  The required setbacks, parking, landscaping, and other code requirements have been met.  The Planning and Zoning Commission has approved this project

 

Ben Lewis, Rancho El Mirage HOA President – Mr. Lewis would like to see 26 gallon trees in back to cut noise.  Another concern is the carts and whether or not there is a plan to keep them at the site.  Another concern is the noise from air conditioners and other mechanical equipment to run the store.  Are they on the roof or on the ground.  He was informed they will be on the roof but they will be shielded and there will be two shopping cart containers on the outside.

 

Mike Barvitz, 25110 Rosewood Ave. – Dr. Barvitz commended the developer for agreeing to everything.  He would, however, like to see a bike rack installed.  He would also like to see 15 gallon trees every 25’ and trees in the retention basin.

 

2.                  An update and revision of the El Mirage Five Year Consolidated Plan for FY 2005-2009.

 

Executive Assistant Sharon Antes reported this Public Hearing was being held to solicit input for changes to the Consolidated Plan for FY 2005-2009.  Suggested revisions are in the Council Packet.   Maricopa County allows revisions to be made to the Consolidated Plan on file one time per year in March.  Revisions reflected on an updated 5-year consolidated plan would allow the City to apply for Federal funds that express updated needs.

 

No public comments were received.

 

     Consideration and action regarding closing the Public Hearing and

     reconvening into Regular Session.

 

Councilor Delgado made a motion to close the Public Hearing and reconvene into Regular Session; seconded by Councilor Conner.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

     Consideration and action regarding a request by Northern Utah Storage LLC

     for site plan approval for a Family Dollar Store at 12445 NW Grand Ave. (Grand

    Ave. West of Acoma Dr.).

 

Councilman Delgado made a motion to approve a request by Northern Utah Storage LLC for site plan approval for a Family Dollar Store at 12445 NW Grand Ave. with the following stipulations: Deliveries to be made only between 6:00 A.M. and 8:00 P.M., there must be a cart containment system on the property and the trees located as a barrier to the residential area should be 24” box trees; seconded by Councilman Monzon.

 

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

                  Nay:

                  Absent:           Reed

                  Motion:           Carried

 

Consideration and action to approve Resolution No. R06-02-07 to update and revise the El Mirage Five Year Consolidated Plan for FY 2005-2009.

 

Vice Mayor Kern made a motion to approve Resolution No. R06-02-07 to update and revise the El Mirage Five-Year Consolidated Plan for FY 2005-2009; seconded by Councilmember Conners.

 

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

                  Nay:

                  Absent:           Reed

                  Motion:           Carried

 

COUNCIL SUMMARY OF CURRENT EVENTS

 

Councilman Delgado reported the City of El Mirage will receive $600,000 from CDBG for the Fire Water Line Improvement Phase II and the Sidewalk Improvements.  We are extremely fortunate to receive these funds due to the fact there is only a little over 1.5 Million available.  Mayor Waterman commended Councilman Delgado on his efforts on the CDAC Committee.

 

CITY MANAGER SUMMARY OF CURRENT EVENTS

 

City Manager Cornwall reported the Police Department is assisting with the intersections at Cactus and Dysart and Thunderbird and Dysart.  This plan is working well since it has been expanded.  A new sign will be going up on the property where WalMart will be building their new Super Center. 

 

CALL TO THE PUBLIC

 

There were no comments received.

 

EXECUTIVE SESSION

 

Discussion and consultation for legal advice with the City’s Attorney concerning a possible litigation settlement.  A.R.S. §38-431.03(A)(3) and (4).

 

Vice Mayor Kern made a motion to convene into Executive Session at 6:56 P.M.; seconded by Councilman Conner.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

Councilman Delgado made a motion to close the Executive Session at 7:20 P.M. and reconvene into Regular Session; seconded by Vice Mayor Kern.

 

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

                        Nay:

                        Absent:           Reed

                        Motion;           Carried

 

REGULAR SESSION

 

Consideration and action regarding the approval of a Settlement Agreement between the City of El Mirage and PERC.  “Cost” Settlement Agreement is $1,741,600.   Consideration and action regarding giving Fredda Bisman (City Attorney) authority to approve the Escrow Instructions (Exhibit E of the Settlement Agreement).

 

City Manager Cornwall commented this is a great day for the City of El Mirage.  With the approval of this Settlement Agreement, the Wastewater Treatment Facility will be

completed and up to the 3.6 gpm the system was designed to produce.  This has brought two entities together to complete the project.

 

Councilman Monzon made a motion to approve a Settlement Agreement between the City of El Mirage and PERC.  “Cost” Settlement Agreement is $1,741,600.  Consideration and action regarding giving Fredda Bisman (City Attorney) authority to approve the Escrow Instructions; seconded by Councilman Conner.

 

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

                  Nay:   

                  Absent:           Reed

                  Motion:           Carried

 

ADJOURNMENT

 

Vice Mayor Kern made a motion to adjourn at 7:28 p.m.; seconded by Councilman Monzon.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried