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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, June 8, 2006

 

Minutes

 

I.                     CALL TO ORDER:        Mayor Fred Waterman called the meeting to order at 6:00 p.m.  Council led the public with the Pledge of allegiance and Moment of Silence.

 

II.                  ROLL CALL:  Present:  Mayor Fred Waterman, Vice Mayor Michele Kern, Councilor Xavier Bedolla, Councilor Roy Delgado, Councilor Bill Conner, City Manager BJ Cornwall, Attorney Fredda Bisman, City Engineer Chris Young, Asst. Police Chief Ken Holmes, Acting Fire Chief Tom Christmas, Larry Price and City Clerk Edith Hoover.  Excused:  Councilor Rick Monzon, Councilor Tensi Reed, Interim Finance Director Larry Price.

 

III.                CONSENT AGENDA

 

1.                  Consideration and action approving  Council Meeting Minutes for March 23, May 11 and May 25, 2006.

 

2.                  Consideration and action approving the second reading of Ordinance No. O06-05-08, relating to the Privilege License Tax; Adopting “The 2006 Amendments to the Tax Code of the City of El Mirage” by reference; establishing an effective date; providing for severability and providing penalties for violations.

 

Vice Mayor Kern requested the May 25th minutes be voted on separately since she was not at the May 25th Council Meeting.  Mayor Waterman requested the May 11 minutes be voted on separately since he was not at the May 11th Council Meeting.

 

Councilor Delgado made a motion to approve all Council Agenda Items with the exception of the May 11th and May 25th Council Meeting Minutes; seconded by Councilor Conner.

 

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

                  Nay:

                  Absent:           Monzon, Reed

                  Motion:           Carried

 

Vice Mayor Kern made a motion to approve the minutes of May 11th; seconded by Councilor Conner.

 

VOTE:      Yea:                Bedolla, Kern, Delgado, Conner

                  Nay:

                  Abstained:     Waterman

                  Absent:           Monzon, Reed

                  Motion:           Carried

 

Councilor Delgado made a motion to approve the minutes of the May 25 Council Meeting; seconded by Councilor Conner.

 

VOTE:      Yea:                Bedolla Delgado, Conner, Waterman

                  Nay:

                  Abstained:     Kern

                  Absent:           Monzon, Reed

                  Motion:           Carried 

 

IV.               MAYOR’S COMMENTS

 

Mayor Waterman reported beginning with the next meeting, the yellow Comment Cards will be required for the public to speak.  Mayor Waterman reported the new “Inside El Mirage Newsletter” had gone out to all citizens in the City of El Mirage.  He was very pleased with the first issue.

 

V.                 REGULAR AGENDA

 

A.     Presentation of the Cultural Plan Update by Julie Richard.  Ms. Richards gave an update of the new Cultural Plan currently being promoted.  A copy of her PowerPoint presentation is attached.

 

Mayor Waterman reported due to the lack of quorum to convene into the Board of Adjustment, Council Agenda Items B thru G, H 1 thru 3, H 7, J thru L and Q through R are being continued to the June 22, 2006 meeting.

 

Vice Mayor Kern made a motion to remove the above referenced agenda items from the agenda; seconded by Councilor Conner. 

 

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

                  Nay:

                  Absent:           Monzon, Reed

                  Motion:           Carried

 

B.    Consideration and action regarding convening into public hearing of the Board of Adjustment to consider requested variances from the Zoning Ordinance.

 

 

Continued to the June 22, 2006 meeting.

 

C.    Consideration and action regarding closing the public hearing and reconvening into Regular Board of Adjustment.

 

Continued to the June 22, 2006 meeting.

 

D.    Consideration and action regarding a request for variance to allow 38 rather than the required 48 parking spaces for Westside Head Start Daycare and existing housing at 14008 N. 5th Ave.

 

Continued to the June 22, 2006 meeting.

 

E.     Consideration and action regarding a request for a variance to allow 14% rather than the 20% landscaping for Storage Condos of El Mirage (formerly American Patriot) at 10075 N. El Mirage. Rd.

 

Continued to the June 22, 2006 meeting.

 

F.     Consideration and action regarding a request for variance to allow 12% rather than the 20% landscaping for El Mirage Investors office/ warehouses at the SW corner of El Mirage Rd. and Alice Ave.

 

Continued to the June 22, 2006 meeting.

 

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

 

Continued to the June 22, 2006 meeting.

 

H.    Consideration and action regarding opening a public hearing on the following zoning items:

 

 

1)     Conditional use permit for Westside Head Start Daycare in R-1 in Maricopa Co. Housing, 14008 N. 5th Ave.

 

Continued to the June 22, 2006 meeting.

 

2)     Site plan for Storage Condos of el Mirage in 1-1/70db at American Patriot RV, 10075 N. El Mirage Road.

 

Continued to the June 22, 2006 meeting.

 

3)     Site plan for El Mirage Investors Office/Warehouses in I-2/65db at SWC of El Mirage Rd. and Alice Ave.

 

Continued to the June 22, 2006 meeting.

 

4)     Conditional use permit for 1,854 sq. ft. Hobson accessory in R-43/75db at 12742 W. Sahuaro Dr.

 

Senior Planner Mark Smith reported the Hobson’s are building a new home and want an over-sized shop to accommodate their collection of cars and for their other hobbies.  The proposed building will match their home.  This will not become a separate residence or commercial use building.

 

Public Comment: 

 

Carlos Hobson, Applicant – Mr. Hobson reported he would like to have a ¾ bath to accommodate his 12 children and 24 grandchildren when they come to visit.  In the future he would like to have a swimming pool installed and this would serve as a pool house.

 

No other public comments were received.

 

5)     Conditional use permit for Cingular tower in I-1/70db at Keven’s Landscaping, 10341 N. El Mirage Rd.

 

Planner Mark Smith reported Cingular wants to install a new tower to improve service to the area.  The applicant has provided three possible designs consisting of a monopole, a monopalm and a monument style tower.  Cingular is proposing deeding the facility to the City and leasing it back in order to enhance its revenues.

 

Public Comment:

 

Scott Quinn of Quinn United Enterprises, agent for Cingular – Mr. Quinn stated he happy to be working with the City and welcomes their input regarding the type of design they want in the City of El Mirage.

 

No other public comments were received.

 

6)     Rezoning from I-1 to I-2/70db and site plan for El Mirage Twin Offices/yards at 12225 W. Peoria Ave.

 

Planner Mark Smith reported this rezoning would provide the opportunity for more uses than the existing I-1.  Retail would be available in the future if Peoria Avenue is extended across the Agua Fria River.  Storage will be confined to fenced yards and metal storage buildings behind the screen walls and painted to match the office buildings in front.

 

Public Comment:

 

No public comments were received.

 

7)     Planned Area Dev./Replat for Fairways 2 in R-4/70db at Pueblo El Mirage, 11201 N. El Mirage Rd.

 

Continued to the June 22, 2006 meeting.

 

Vice Mayor Kern made a motion to convene into Public Hearing for zoning items 4, 5 and 6; seconded by Councilor Conner.

 

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

                        Nay:

                        Absent:           Monzon, Reed

                        Motion:           Carried

           

I.        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:                Bedolla, Kern, Delgado, Conner, Waterman

                  Nay:   

                  Absent:           Monzon, Reed

                  Motion:           Carried

 

J.      Consideration and possible action regarding a request for a conditional use permit to allow Westside Head Start modular daycare building in R-1 at Maricopa Housing Complex at 14008 N. 5th Ave.

 

Continued to the June 22, 2006 meeting.

 

K.    Consideration and action regarding a request for site plan approval for Storage Condos of El Mirage in I-1/7db at 10075 N. El Mirage Rd. (formerly American Patriot RV Storage).

 

Continued to the June 22, 2006 meeting.

 

L.     Consideration and action regarding a request for site plan approval for El Mirage Investors office/warehouses in I-2 (65db) at the SW corner of El Mirage Rd. and Alice Ave.

 

Continued to the June 22, 2006 meeting.

 

M.    Consideration and action regarding a request by Carlos Hobson for a conditional use permit for a 1,854 sq. ft. accessory in R-43 (75db) at 12742 W. Sahuaro Dr. (Dysart Ranchettes)

 

Vice Mayor Kern made a motion to approve a request by Carlos Hobson for a Conditional Use Permit with a modification to a ¾ bath; seconded by Councilor Delgado.

 

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

                  Nay:

                  Absent:           Monzon, Reed

                  Motion:           Carried

 

N.    Consideration and action regarding a request by Cingular for conditional Use Permit to place a 65’ high telecommunication facility at Keven’s Landscaping in I-1(70db) at 10341 N. El Mirage Rd.

 

Councilor Delgado made a motion to approve a request by Cingular for a Conditional Use Permit to place a 65’ telecommunication facility at Keven’s Landscaping at 10241 N. El Mirage Rd. with a monopalm design; seconded by Councilor Conner.

 

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

                  Nay:

                  Absent:           Monzon, Reed

                  Motion:           Carried

 

O.    Consideration and action regarding Ordinance O06-06-09, amending the Zoning Ordinance Map and rezoning property at 12225 West Peoria Avenue from the I-1 Garden Industrial Zone to the I-2 General Industrial Zone.

 

Councilor Delgado made a motion to approve Ordinance No. O06-06-09 on rezoning from I-70db to K-2/70 db for site of El Mirage Twin Offices/storage yards at 12225 W. Peoria Ave. (East of El Mirage Road); seconded by Councilor Conner.

 

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

                  Nay:

                  Absent:           Monzon, Reed

                  Motion:           Carried

 

P.     Consideration and action regarding a request for a site plan approval for El Mirage Twin Offices/storage yards in I-2/70db at 12225 W. Peoria Ave. (E. of El Mirage Rd.)

 

Councilor Conner made a motion to approve a request for site plan approval for El Mirage Twin Office/storage Yards in I-2/70db at 12225 W. Peoria Ave. (E. of El Mirage Road); seconded by Vice Mayor Kern and Councilor Bedolla.

 

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

                  Nay:

                  Absent::          Monzon, Reed

                  Motion:           Carried          

 

Q.    Consideration and action regarding Ordinance No. O06-06-10, establishing a Planned Area Development Overlay known as the Fairways 2 for a Manufactured Home Park on part of Pueblo of El Mirage Resort at 11201 N. El Mirage Road.

 

Continued to the June 22, 2006 meeting.

 

R.    Consideration and action regarding Resolution No. R06-06-16, approving the plat of Pueblo El Mirage R.V. Resort Block Plat (re-subdivision of lots 930-1017, 1033-1075, and 11404-1110) located east of El Mirage Road and north of Peoria Avenue in the SW Quarter of Section 24, Township 3 North, Range 1 West G&SRB&M.

 

Continued to the June 22, 2006 meeting.

 

VI.               COUNCIL SUMMARY OF CURRENT EVENTS

 

No comments were made.

 

VII.             CITY MANAGER SUMMARY OF CURRENT EVENTS

 

City Manager BJ Cornwall reported WalMart will begin construction next week and they are still planning on a January opening.  The “Inside El Mirage Newsletter” has received rave reviews and the City will be presenting this newsletter on a quarterly basis.  Today the Police Department had a barricade situation which ended without incident.  Today, he and several Councilmembers attended a tabletop terrorism conference in the West Valley.  At this point, the City of El Mirage will need to fill in the gaps.

 

VIII.           CALL TO THE PUBLIC

 

Mike Barvitz, 12510 W. Rosewood Dr., Dr. Barvitz asked why the Council has a P&Z Commission when they are going to second guess them.  They will lose commissioners because they put a lot of work into these issues and then Council ignores P&Z recommendations.

 

IX.               EXECUTIVE SESSION

 

No Executive Session has been requested.

 

X.                 ADJOURNMENT

 

Councilor Conner made a motion to adjourn at 6:50 p.m.; seconded by Councilor Delgado.

 

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

                  Nay:

                  Absent:           Monzon, Reed

                  Motion:           Carried