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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, NOVEMBER 9, 2006

 

Minutes

I.                    CALL TO ORDER – The meeting was called to order by Mayor Fred Waterman at 6:05 p.m.  Council led the public in the Pledge of Allegiance and a Moment of Silence.

 

II.                  ROLL CALL – Present were:  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, Police Chief Bryan Beamish, Fire Chief Scott Alvord, Finance Director Larry Price, City Clerk Edith Hoover.  Absent:  Rick Monzon

 

III.                CONSENT AGENDA

 

1.                  Consideration and action approving the destruction of records which have surpassed their retention period as approved by the Arizona State Library, Archives and Public Records.

 

2.                  Consideration and action approving Resolution No. R06-11-28, declaring a public need and necessity and a public purpose; authorizing the acquisition of real property located in the City limits of the City of El Mirage, Maricopa County, Arizona, known as Assessor’s Parcels 501-29-096, 501-29-097 and 501-29-098 through gift, purchase, or eminent domain; and authorizing and directing the Mayor, City Manager, City Clerk and City Attorney to do all acts, execute all documents and pay all costs and fees necessary for the acquisition of said real property.

 

3.                  Consideration and action approving Regular Council Meeting Minutes from October 12 and October 26, 2006.

 

4.                  Consideration and action regarding award of construction contract for Phase I and Phase II CDBG Downtown Water System Improvements.

 

5.                  Consideration and action regarding approval to spend $59,802.83 to upgrade the City’s Telecommunications system to include interconnectivity to all City facilities.  These upgrades to the Inter-Tel PBX system are required to accommodate the additional capacity needed for recent building expansions to accommodate the Municipal Court and Cada Uno facility.

 

Vice Mayor Michele Kern made a motion to approve the Consent Agenda items; seconded by Councilor Conner.

 

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

                                         Nay:          

                                         Absent:      Rick Monzon

                                         Motion:      Carried

 

 

IV.               MAYOR’S COMMENTS

 

Mayor Fred Waterman said that he attended a meeting in Phoenix earlier today which presented Phoenix an art book for the entire area called Phoenix: 21st Century.

 

V.                 REGULAR AGENDA

 

 

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

 

Councilor Delgado made a motion to convene into the Board of Adjustment and into Public Hearing; seconded by Councilor Conner.

 

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

                             Nay:          

                             Absent:      Rick Monzon

                             Motion:      Carried

                

Home-owner representative Gail Lirretta and contractor Jeff Eaton are present.  Gail stated that she hoped to reduce or eliminate graffiti as well as loitering and drinking in the area. 

 

Vice Mayor asked how far the fence is going to be back from the street. 

 

Jeff Eaton stated that the fence will be approximately 8 feet back from the sidewalk.   

 

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

 

Councilor Conner made a motion to close the Public Hearing of the Board of Adjustment; seconded by Councilor Delgado.

 

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

                             Nay:          

                             Absent:      Rick Monzon

                             Motion:      Carried

 

C.    Consideration and action on request by Rancho El Mirage Homeowners Association for a variance to allow 6’ (vs. 4’) wrought iron fences in front yard setbacks in R-1a/65db for private parks located at 12400 W Acoma Dr., 13851 N. 126th Ave., and 12602 W. Thunderbird Road.

 

Vice Mayor Michele Kern made a motion to approve the variance; seconded by Councilor Delgado.

           

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

                             Nay:          

                             Absent:      Rick Monzon

                             Motion:      Carried

                       

 

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

 

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

           

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

                             Nay:          

                             Absent:      Rick Monzon

                             Motion:      Carried

 

E.     Consideration and action on opening the Public Hearing on request for conditional use permit to allow a 1200 sq. ft. garage in r-1/70db at 12710 W. Sunnyside Circle.

 

Vice Mayor Michele Kern made a motion to open the Public Hearing on request for a conditional use permit; seconded by Councilor Bedolla.

 

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

                             Nay:

                             Absent:      Rick Monzon

                             Motion:      Carried

 

Senior Planner Mark Smith stated that the code allows for a 1,200 sq. foot garage.  Three other garages have already been approved.

 

Jeff Collinsworth, 12710 W. Sunnyside Circle, El Mirage AZ said that he already made some necessary adjustments including shifting the lot so that it allows more space on the side, using fire-resistant sheet-rock, and building within all boundary limits.

 

Vice Mayor Michele Kern said that the City Code specifically states that garages are to be 600 sq. feet.  Within the last two years, three conditional use permits have been granted but that was through the Planning and Zoning Commission. 

 

Councilor Bill Conner agreed with Vice Mayor Michele Kern in that the Council should approve or deny all conditional use permits rather than picking and choosing.

 

Councilor Conner commented that it might be in the best interest of the City to look at a possible code amendment.

 

Councilor Roy Delgado commented that he hasn’t seen anything from the HOA or neighbors agreeing to the construction of the garage.   

 

F.     Consideration and action on closing the Public Hearing on zoning items.

 

Councilor Delgado made a motion to close the Public Hearing on zoning items; seconded by Bill Conner.

 

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

                             Nay:          

                             Absent:      Rick Monzon

                             Motion:      Carried

           

 

G.    Consideration and action on request by Jeff Collinsworth for conditional use permit to allow a 1,200 sq. ft. garage in R-1/70 db at 12710 W. Sunnyside Circle in Grande Mirage.

 

Councilor Bill Conner made a motion to disapprove the conditional use permit; seconded by Councilor Bedolla.

 

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

                             Nay:          

                             Absent:      Rick Monzon

                             Motion:      Carried

 

H.    Consideration and action to convene into Public Hearing to solicit citizen participation in the needs and priorities for funding under CDBG, HOME and other funding grants for fiscal year 2007/2008.

 

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

 

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

                             Nay:          

                             Absent:      Rick Monzon

                             Motion:      Carried

 

Leonard Rivera exclaimed that the money obtained from the CDBG grant will be used to help low/moderate income persons, prevent or eliminate blighted properties, and to help others that are in urgent need.

 

In addition, some funds from CDBG will be used to fix 7 miles of public roadways, improve drain systems and provide additional public transit to low/moderate households.

 

Leonard said that the main objectives for the HOME grant is to help low and moderate income households fix up their properties, make a down payment on households and to increase the supply of affordable housing.

 

Councilor Roy Delgado asked whether or not the City has used all of its existing grant money in order to apply for this next set of funds.

 

Leonard Rivera stated that the last funds have been expended and the City is able to apply and accept the new funds for CDBG and HOME.

 

I.        Consideration and action to close the Public Hearing regarding soliciting citizen participation in the needs and priorities for funding under CDBG, HOME and other funding grants for fiscal year 2007/2008.

 

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

           

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

                             Nay:          

                             Absent:      Rick Monzon

                             Motion:      Carried

 

 

 

J.      Consideration and action to approve Resolution R06-11-29, a Resolution of the City Council of the City of El Mirage, Maricopa County, Arizona, authorizing the City to submit applications to Maricopa County Community Development for Community Development Block Grant Funds and execute awarded agreements.

 

Vice Mayor Michele Kern made a motion to approve Resolution R06-11-29; seconded by Councilor Bedolla.

 

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

                 Nay:          

                 Absent:      Rick Monzon

                 Motion:      Carried

 

K.    Consideration and action to approve Resolution R06-11-30, a Resolution of the City Council of the City of El Mirage, Maricopa County, Arizona, authorizing the City to submit applications to the Maricopa County Community Development for HOME Investment Partnerships Program Funds and execute awarded agreements.

 

Vice Mayor Michele Kern made a motion to approve Resolution R06-11-30; seconded by Councilor Conner.

 

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

                             Nay:          

                             Absent:      Rick Monzon

                             Motion:      Carried

 

VI.               COUNCIL SUMMARY OF CURRENT EVENTS

 

Councilor Roy Delgado thanked the Council and Staff for working on and passing the CDBG and HOME funds.  This will make the City be in total compliance and will also allow for County funding.

 

Councilor Roy Delgado said that this coming Saturday, there will be approximately 200 students from the Ministry at NAU coming to El Mirage to help create a park at 127th Ave, just south of Thunderbird.  Volunteers are asked to by there by 9:00 A.M.

 

VII.             CITY MANAGER SUMMARY OF CURRENT EVENTS

 

City Manager BJ Cornwall said that on Saturday, the portable lights have been installed at Dysart and Cactus.

 

BJ stated that the Advisory Committee has met twice so far to create a Code of Ethics.  The Advisory Committee will be meeting again on Wednesday, November 15.

 

BJ said that the next court date between El Mirage and Glendale will be on Monday, November 13 at 2:00 PM.

 

VIII.           CALL TO THE PUBLIC

 

No requests submitted.

 

 

IX.               EXECUTIVE SESSION

 

No Executive Session has been requested.

 

 

X.                 ADJOURNMENT

 

Vice Mayor Michele Kern made a motion for adjournment; seconded by Councilor Conner.

 

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

                             Nay:          

                             Absent:      Rick Monzon

                             Motion:      Carried