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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 22, 2006

 

Minutes

 

 

CALL TO ORDER:  Mayor Fred Waterman called the meeting to order at 6:01 p.m.  Council led the public in the Pledge of Allegiance and Moment of Silence.

 

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

 

Mayor Waterman called for a motion and a second to continue Agenda Items N, O and I-4.

 

Councilor Conner made a motion to continue Agenda Items N, O and I-4 to the July 13, 2006 Council Meeting; seconded by Councilor Delgado.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

CONSENT AGENDA:

 

Consideration and action approving the second reading of 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.

 

Consideration and action approving Resolution No. R06-06-18, amending Article 6, Dismissal, Demotion, Suspension, Section 2 – Disciplinary Action Procedure, by adding C. Employee’s Appeal To The Personnel Hearing Officer.

 

Councilor Delgado made a motion to approve all items listed on the Consent Agenda; seconded by vice Mayor Kern.

 

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

                        Nay:

                        Absent:           Reed

 

                        Motion:           Carried

 

MAYOR’S COMMENTS:

 

Mayor Waterman congratulated the City of El Mirage on its 55th Anniversary.  He invited the public to help themselves to the cake and coffee.  There have been a lot of changes since the 50th.  This is an extremely fast growing City and he hopes everyone is happy with the direction it is taking.

 

REGULAR AGENDA:

 

Presentation of Life Saving Awards to Captain Juan Rodriguez, Captain Jamin Smith, Firefighter/Paramedic Adam Pottle, and Firefighter/Paramedic Scott Schwegler.

 

Acting Fire Chief Tom Christmas reported there are 16,000 calls over a 2-year period.  On May 27, 2006, a 1-year old child drowned.  There were no signs of life but due to the assistance from our Firefighters, this child is alive and well and home today.  Captain Juan Rodrigues, Firefighter/Paramedic Adam Pottle and Firefighter/Paramedic Scott Schwegler received a standing ovation.  Captain Jamin Smith was not present.

 

Consideration and acting regarding Resolution No. R06-06-17, approving and adopting a tentative budget for Fiscal Year 2006-2007.

 

City Manager BJ Cornwall reported it gives him great pleasure to present to the City Council a balanced 2006-2007 Budget for the City of El Mirage.  He believes this is a first step in changing the myth, the urban legend, the stigma…all the things being said about El Mirage that the City is going bankrupt.  This is the true document that proves this is not so.  This is a $77,000,000 balanced budget.  We are adding personnel, projects, equipment, technology and all the things needed to run a successful City.  He then thanked staff for helping put the budget together.  Two years ago we had to cut $8.4M and lay people off.  Last year we had a balanced budget but did not have an increase.  This year we are able to move the City forward.  Councilman Delgado asked why Planning and Building are two different blocks on the Organizational Chart.  Mr. Cornwall reported, because of the growth, there is a need for a separation into two departments.  He will be bringing on a Planning Director and expanding the department.  Councilman Monzon stated, after reviewing the budget summary in its entirety, it is a very comprehensive and complete package.

 

Councilor Delgado made a motion to approve Resolution No. R06-06-17, approving and adopting a tentative budget for Fiscal Year 2006-2007 with a change to the Organizational Chart to add CAP; seconded by Councilor Bedolla.

 

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

                        Nay:               

                        Absent:           Reed

                        Motion:           Carried

 

EXECUTIVE SESSION:

 

Consideration and action regarding convening into Executive Session for legal advice concerning zoning and Luke Air Force Base.  A.R.S. §38-431.03(A)(3)

 

Discussion and consultation with the City Attorney for legal advice concerning settlement of litigation arising out of losses to Local Government Investment Pool.  A.R.S. §38-431.03(A)(3)

 

Councilor Conner made a motion to convene into Executive Session at 6:16 P.M.; seconded by Councilor Delgado.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

Vice Mayor Kern made a motion to adjourn the Executive Session and reconvene into Regular Session; seconded by Councilor Bedolla.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

REGULAR SESSION:

 

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

 

Councilor Conner made a motion to convene into public hearing of the Board of Adjustment; seconded by Councilor Bedolla.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

Westside Head Start:

 

Sr. Planner Mark Smith reported the first item for public comment is the Westside Head Start parking issue.  At any given time the most spaces used is 18 and there are currently 38.  Therefore, they are asking for a variance to reduce the required parking spaces from 48 to 38.

 

Public Comment:

 

Linda Brown – Head Start Representative – They took pictures at 18 different times and the maximum number of cars was 18 and so they are requesting the variance be approved.

 

Rusty Mitchell – Luke Air Force Base – This is a definitional issue we have been aware of 1 to 1 ½ weeks.  He has been advised it is a school, not a school and a social facility.  Concerned about the length of time children are at the facility.  State statutes say no schools inside the 65 noise line.  The adjacent lot is not within the same noise level and the school could be moved there.  Approved of the program but cannot go against State Statutes.

 

Linda Brown – Head Start Representative – Catholic Charities Westside Head Start is a federally funded program for low-income families.  They provide health services, case management services, social services and services for children with disabilities as well as readiness services for children.  For this reason, it should not be classified as a school or a day care.  It is a governmental program that is federally funded.  They have been in the community for over 20 years.  Last year there were 150 applications for services.  This year they are projecting more than 200 applications.  They want to stay in the community.  However, their funding cycle ends on June 30th and that is why they need to move forward with this right away.

 

Keith Turley11521 W. Paradise Drive – He is on the Planning and Zoning Commission and feels Head Start has worked hard and we really need this program in El Mirage.

 

El Mirage Storage Condominiums:

 

Mr. Smith reported this project is located on El Mirage Rd., just south of Peoria Ave.  It was previously American Patriot RV and Storage Facility.  The variance is relative to the amount of landscaping.  The additional dedication of right-of-way takes away part of the property and what would be the landscaped area.  They have 20% of the net site but not 20% of the gross site.  Robert Pizorno of Beus Gilbert Law Firm, applicant representative, stated they believe they have meant the requirements and because of the dedication, it is not possible to landscape a larger area.

 

No public comments.

 

El Mirage Investors

 

Mr. Smith reported the property is at the southwest corner of El Mirage Rd. & Alice Ave. just a little north of Butler.  They will be dedicating two rights-of-way.  They are concentrating on the intersection along the front and none by their open storage yard because it is not visible.  They do have 20% of the gross site and about 12% of the net site.

 

Bill Clay14315 N. Frank Lloyd Wright Blvd., Scottsdale – They feel they have done a good job with the landscaping and parking area.  There are a lot of nice plants and trees.

 

No public comments.

 

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

 

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

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

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.

 

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

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

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.

 

Vice Mayor Kern made a motion to approve a request for a variance to allow 14% rather than 20% landscaping for Storage Condos of El Mirage (formerly American Patriot) at 10075 N. El Mirage Rd.; seconded by Councilor Delgado

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

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.

 

Councilor Delgado made a motion to approve a request for a variance to allow 12% rather than the 20% landscaping for El Mirage Investors office/warehouses at the southwest corner of El Mirage Rd. and Alice Ave.; seconded by Councilor Conner.

 

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.

 

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

 

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

                        Nay:   

                        Absent:           Reed

                        Motion:           Carried

 

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.

 

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

 

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

 

4)                 Planned Area Development/Replat for Fairways 2 in R-4/70db at Pueblo El Mirage, 11201 N. El Mirage Rd.  Previously continued to the July 13, 2006 Council Meeting.

 

Westside Head Start Program

 

Mr. Smith reported this Conditional Use Permit is for property located at 14008 N. Fifth Ave.  This will be a building with two classrooms.  There will be 18 students in the morning and 18 students in the afternoon.  There are a total of 56 participants and staff.  The Planning & Zoning Commission asked for stipulations to dress up this older model to make it more attractive.  They have suggested approving up to 5 years.  Sprinklers are to be added and landscape improved.

 

No public comments.

 

Storage Condos of El Mirage

 

Mr. Smith reported this storage facility is a little different because they own the units they store their items in.  Access will be only for the owners of the units.  There will be new fencing.  Stipulations:  Dedication of right-of-way, off-site improvements required to safely enter highway, hydrants, sprinklers, security cameras, ADA access, and street lighting.  Mayor Waterman asked if there would be anyone living on-site and he was informed technology is taking the place of a necessity for management.

 

No public comments.

 

El Mirage Investors

 

Mr. Smith reported this is a masonry building that will be designed to be split in half if desired.  Will be required to have landscape improvement, sprinklers, hydrants and other safety issues on the property.  They asked for bike racks.  Councilor Delgado inquired about the security cameras.  Police Chief Beamish has reviewed this project and feels it is secure.

 

No public comments.

 

Consideration and action regarding closing the public hearing and reconvening into Regular Session

 

Councilor Delgado made a motion to adjourn the Public Hearing 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 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.

 

Councilor Conner made a motion to approve a Conditional Use Permit to allow a Westside Head Start modular daycare building in R-1 at Maricopa Housing Complex at 14008 N. 5th Ave.; seconded by Councilor Delgado.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

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

 

Councilor Delgado made a motion to approve a Site Plan for Storage Condos of El Mirage in I-1 at 10075 N. El Mirage Rd. (formerly American Patriot RV Storage); seconded by Councilor Conner.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

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

 

Vice Mayor Kern made a motion to approve a Site Plan for El Mirage Investors office/warehouses in I-2 at the southwest corner of El Mirage Rd. and Alice Ave.; seconded by Councilor conner.

 

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

                        Nay:                Conner

                        Absent:           Reed

                        Motion:           Carried

 

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 El Mirage Resort at 11201 N. El Mirage Road.

 

Previously continued to the July 13, 2006 Council Meeting.

 

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 1104-1110) located east of El Mirage Road and north of Peoria Avenue in the southwest quarter of Section 24, Township 3 North, Range 1 West G&SRB&M.

 

Previously continued to the July 13, 2006 Council Meeting.

 

Consideration and action regarding approval of settlement of litigation arising out of losses to LGIP.

 

Councilor Conner made a motion to approve a settlement of litigation arising out of losses to LGIP; seconded by Councilor Delgado.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

COUNCIL SUMMARY OF CURRENT EVENTS:

 

Councilor Conner made comments regarding the 55th Anniversary.  He gave an overview of this City and recognized the dreams of the citizens and direction in which the City is headed.

 

Councilor Delgado commended Mr. Cornwall and staff for a job well done with the budget.  He would like to see a Youth Commission set up to give the youth the opportunity to determine their needs for the youth in the community.

 

CITY MANAGER SUMMARY OF CURRENT EVENTS:

 

Mr. Cornwall commended the Fire Department for a job well done at the site of a truck rollover.  He then pointed out there is a line item in the budget for a new fire truck and a brush truck.

 

CALL TO THE PUBLIC:

 

Linda Brown, Westside Head Start Program.  She thanked the Council for their support and promised to give outstanding service to the citizens of El Mirage.

 

ADJOURNMENT:

 

Councilor Conner made a motion to adjourn at 7:09 p.m.; seconded by Vice Mayor Kern.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried