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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 14, 2006

 

Minutes

 

              I.      CALL TO ORDER – The meeting was called to order by Mayor Fred Waterman at 6:00 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, Councilor Roger Cleveland, Councilor Adam Super, City Manager B.J. Cornwall, Attorney Fredda Bisman, City Engineer Chris Young, Assistant Police Chief Ken Holmes, Fire Chief Scott Alvord, Finance Director Larry Price, City Clerk Edith Hoover.

          III.      CONSENT AGENDA

 

1.                        Consideration and action approving the second reading of Ordinance No. O06-11-21, amending the title of Chapter 20 from “Chapter 20 – Nuisance” to “Chapter 20 – Nuisance and Neighborhood.”

 

2.                        Consideration and action approving the second reading of Ordinance No. O06-11-22, adopting and making a part of the El Mirage City Code that certain document titled “Chapter 20 – Nuisance and Neighborhood Preservation” and declared to be a public record by Resolution No. R06-11-33.

 

3.                        Consideration and action approving the second reading of Ordinance No. O06-11-23, Adopting and making a part of the El Mirage City Code that certain document titled “Chapter 7 – Adoption of International Property Maintenance Code” and declared to be a public record by Resolution No. R06-11-34.

 

4.                        Consideration and action approving the second reading of Ordinance No. O06-11-24, adopting and making a part of the El Mirage City Code that certain document titled “Chapter 6 Animals Barking Dogs” and declared to be a public record by Resolution No. R06-11-35.

 

5.                        Consideration and action approving the second reading of Ordinance No. O06-11-25, amending a part of the El Mirage City Code

that certain document titled “Chapter 5 – City Court” and declared to be a public record by Resolution No. R06-11-36.

 

6.                        Consideration and action approving the second reading of Ordinance No. O06-11-26, adopting and making a part of the City of El Mirage City Code that certain document titled “Chapter 1 General” and declared to be a public record by Resolution No. R06-11-37.

 

7.                        Consideration and action regarding Resolution No. R06-11-32, declaring as a public record that certain document filed with the City Clerk and entitled “The 2007 Amendments to the Tax Code of the City of El Mirage”.

 

8.                        Consideration and action regarding Ordinance No. O06-11-20, relating to the Privilege License Tax; adopting “The 2007 Amendments to the Tax Code of the City of El Mirage” by reference; establishing an effective date; providing for the severability and providing penalties for violations.

 

9.                        Consideration and action approving the minutes of the November 30, 2006 City Council Meeting.

 

Councilor Delgado made a motion to approve the Consent Agenda items; seconded by Councilor Conner.

           

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

                             Nay:

                             Motion: Carried  

 

 

         IV.      MAYOR’S COMMENTS

 

Mayor Fred Waterman thanked the City of El Mirage Police Department for helping out and putting on an excellent parade on Saturday.  The roughly 50 cars that entered the parade ended up at Gentry Park for a car show.
 

           V.      REGULAR AGENDA

 

The consideration and action regarding the continuance of Agenda Items A, B, C.

 

 

Councilor Super made a motion to continue Items A, B, C; seconded by Councilor Bedolla.

 

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

                            Nay:           

    Motion:  Carried

 

A.                       Consideration and action regarding convening into Public Hearing for the purpose of hearing public comment regarding an Acquisition of Control by Lia Tran for the liquor license for Star Mini Mart, 11817 W. Thunderbird Rd., El Mirage, AZ  85335

 

B.                      Consideration and action regarding closing the Public Hearing and reconvening into Regular Session.

 

C.                      Consideration and action regarding Acquisition of Control by Lia Tran for the liquor license for Star Mini Mart, 11817 W. Thunderbird Rd., El Mirage, AZ  85335.

 

D.                      Consideration and action regarding opening a public hearing to hear the following zoning cases:

 

1.      Request to allow a 1,200 sq. ft. garage/hobby area in R-1/70db at 11509 N. 123rd Ln.

 

Vice Mayor Michele Kern recused herself from item #1.

 

Paul Strait, 11509 N. 123rd Lane, El Mirage.  Paul asked the Council why there are other storage garages/hobby shops in the area yet he has been declined his variance for his garage.  Paul stated that he has complied with all requirements and that he moved specifically to El Mirage to build a storage garage.

 

Paul said that if he were to add a garage to his existing property, it would make the property more attractive.  Paul also exclaimed that it would add to the overall value of the City of El Mirage.

 

Bill Kincaid, 11501 N. 123rd Lane, El Mirage.  Bill said that he moved to the City of El Mirage in order to build a storage garage.  He doesn’t see an issue with his neighbor, Paul Strait, for building a storage garage.

 

 

Robert Thompson, 12314 W. Cameron Ct, El Mirage.  Robert said that he moved to the City of El Mirage in order to build a garage on his lot.  He doesn’t see a problem with his neighbor building a storage garage also.   

 

2.      Request to allow a 2,668 sq. ft. garage/game room in R-43/75 db at 10840 N. 125th Ave.

 

Councilor Roy Delgado and Councilor Bill Conner recused themselves from item #2 due to a conflict of interest.

 

Vice Mayor Michele Kern made a motion to continue this item at the next regularly scheduled meeting which will be on January 11, 2007; seconded by Councilor Cleveland.

           

            VOTE:     Yea:        Bedolla, Cleveland, Kern, Super

                             Nay:        Waterman

                             Abstain:  Conner, Delgado

                             Motion:   Carried

 

 

3.      Request to allow a 2,400 sq. ft. storage building in I-1/70db at 10341 N. El Mirage Rd.

 

Gred Ludurgson, 8827 W. Garden Lane, Peoria.  Mr. Ludurgson is present tonight to answer any questions Council might have regarding the storage building request.

 

Councilor Delgado asked Fire Chief Scott Alvord whether or not the building would pose any problems to the fire department if they would need to enter/exit the building. 

 

Fire Chief Scott Alvord stated that he has not seen the storage building design plans and that he would not be able to answer the question at this time.

 

Senior Planner Mark Smith said that the setback is 30 feet off to the side and 80 feet from the rear.  Mark Smith said that he feels this would allow the fire department to enter/exit the building without an apparent problem.

 

 

E.                       Consideration and action regarding closing the public hearing on zoning cases.

 

Councilor Super made a motion to close the public hearing; seconded by Councilor Conner.

 

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

                             Nay:    

                             Motion: Carried

 

F.                       Consideration and action regarding a request by Paul Strait for a conditional use permit to allow a 1,200 sq. ft. garage in R-1/70db at 11509 N. 123rd Ln. in Grande Mirage (amended request).

 

Vice Mayor Michele Kern recused herself on item letter F.

 

VOTE:   Yea:    

               Nay:     Bedolla, Cleveland, Conner, Delgado, Super, Waterman

               Abstain: Kern

               Motion:  Failed   

 

G.                      Consideration and action regarding a request by George and Elida Traslavina for a conditional use permit to allow a 2,668 sq. ft. garage/ game room in R-43/75db at 10840 N. 125th Ave.

 

Continued until January 11, 2006.

 

H.                      Consideration and action regarding a request by Keven’s Landscaping for site plan approval to allow a 2,400 sq. ft. metal storage building in I-1/70 db at 10341 N. El Mirage Rd.

 

Councilor Conner made a motion to approve the site plan approval; seconded by Councilor Cleveland.

 

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

                             Nay:    

                             Motion:  Carried

 

I.                          Consideration and action to approve the appointment of Trent Kubasiak to the Planning and Zoning Commission.

 

 

Councilor Super made a motion to approve Trent Kubasiak to the Planning and Zoning Commission; seconded by Vice Mayor Michele Kern.

 

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

                             Nay:

                             Motion:  Carried

         VI.      COUNCIL SUMMARY OF CURRENT EVENTS

 

Councilor Super thanked the City staff for helping to make his adjustment as Councilor.

 

Councilor Super also wanted to thank the City Clerk Edith Hoover for all of her help regarding all of the steps involved in becoming a City Council Member.

 

Councilor Super thanked the Police and Fire Department for their cooperation on taking him on a ride-a-long.

 

Councilor Super exclaimed his intent of starting a Junior Council program for seven and eighth graders.  The individual picked will be able to meet the Mayor, Department Heads and listen to a Council meeting.

 

Councilor Roy Delgado said that last week the Nina Mason Pulliam Charitable Trust donated a check for $5,700 to help fund outreach programs for children and families.

       VII.      CITY MANAGER SUMMARY OF CURRENT EVENTS

 

City Manager BJ Cornwall thanked the County and the City of El Mirage Police Department for helping make the toy drive a success.

 

BJ said that the construction of Wal-mart is still on schedule and will be opening in April, 2007.

 

     VIII.      CALL TO THE PUBLIC

 

There were no requests.

         IX.      EXECUTIVE SESSION

 

No Executive Session has been requested.

 

 

           X.      ADJOURNMENT


Councilor Delgado made a motion to adjourn at 6:35 p.m.; seconded by Vice Mayor Michele Kern.

 

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

                 Nay:          

                 Motion:  Carried