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SPECIAL MEETING OF THE COMMON COUNCIL

OF THE CITY OF EL MIRAGE

EL MIRAGE SENIOR CENTER

14010 N. EL MIRAGE ROAD, EL MIRAGE, ARIZONA

6:00 P.M. – TUESDAY – JANUARY 6, 2004

 

Minutes

 

CALL TO ORDER:  Mayor Robert Robles called the meeting to order at 6:05 p.m.

 

ROLL CALL:  Present were:  Mayor Robert Robles, Vice Mayor Norma Valdez Councilmembers Alice Ortiz, Bruce Baker, Michele Kern and Tensi Reed, City Manager B. J. Cornwall, Attorney Fredda Bisman, Public Works Director Don Wilcox, Police Chief Dick Yost, Fire Chief Roy Levenda, Finance Director Diana Betancourt, Community Services Director Ramon Leon and City Clerk Edith Hoover.  Absent Councilmember Almond Cutright, Jr

 

CONSENT AGENDA:

 

Consideration and action regarding Resolution No. R03-11-47, authorizing the Mayor to sign a Development Agreement for a commercial development at 9355 N. El Mirage Road, in the City of El Mirage.  (Coyote Pass RV & Mini-Storage)

 

Consideration and action regarding approval of Minutes of the Regular Council Meetings held on December 11, 2003 and December 18, 2003.

 

Consideration and action regarding the second reading of Ordinance O04-01-01, amending Chapter 17 “Graffiti” of the City Code of El Mirage by removing a word of Article 17-1, subsection 1(A) “Purpose and Intent”, and adding a word to the same, and removing a portion of Article 17-1, Subsection 6(C) and adding a portion to the same.

 

Consideration and action regarding the second reading of Ordinance No. O04-01-02, amending Chapter 10 “Health and Sanitation” of the City Code of El Mirage by removing, “Health And” from Chapter Title, removing Article 10-4 “Removal of Litter”, and changing Article 10, Section 10-1-4 “Rates”, and adding to Article 10, Section 10-1-4 “Rates” and adding Chapter 20 “Nuisance”.

 

Consideration and action regarding acceptance of AFAA Discovery and Planning Grant #20032092 from the Arizona Community Foundation for $9,000.

 

Councilmember Baker made a motion to approve all items listed on the Consent Agenda; seconded by Councilmember Ortiz.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:

                        Absent:           Councilmember Almond Cutright, Jr.

                        Motion:           Carried

 

SPECIAL AGENDA:

 

Presentation of Certificates of Appreciation to people who presented the Winter Festival, Employee Christmas Party and Toys For Tots.

 

Council presented Certificates of Appreciation to everyone who presented the Winter Festival, Employee Christmas Party and Toys For Tots.

 

Mayor Robles reported there was a Police Squad who took up a collection and donated $150 worth of blankets and toys to the Thomas J. Pappas School for homeless children in Phoenix.  The squad was made up of Sgt. Patrick Bynes, Officers Dudad, Ruiz, Hennessy, Encinas Cormier, Chance, Stedman and Communications Officer Liz Cervantez.

 

Presentation of a Certificate of Appreciation to Ralph Reasor for assisting the City with the SOD Grant.

 

Councilmember Reed presented the Certificate of Appreciation to Ralph Reasor for assisting the City with the SOD Grant.

 

Consideration and action regarding convening into Public Hearing for the purpose of hearing public comment regarding the Expenditure Limitation (Home Rule) to be presented to the registered voters at the May 18, 2004 election.

 

Councilmember Baker made a motion to convene into Public Hearing for the purpose of hearing public comment regarding the Expenditure Limitation (Home Rule) to be presented to the registered voters at the May 18, 2004 election; seconded by Councilmember Ortiz.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:

                        Absent:           Councilmember Almond Cutright, Jr.

                        Motion;           Carried

 

Finance Director Diana Betancourt pointed out this is the second of two Public Hearings to be presented for the Expenditure Limitation (Home Rule).  Approval of the Expenditure Limitation will allow El Mirage residents to determine how the City spends it money.  The State-Imposed Limitation will refer back to the 1979-1980 population figures.  She then reviewed the handout, a copy of which is attached to these minutes.  Staff recommends approval.  Ms. Betancourt then recognized Assistant Finance Director Irma Rojas for her dedication to this process.

 

Public Comment: 

 

Kathy White, 12629 W. Myer Lane – Ms. White stated this is necessary for the financial security of our City.  She recognizes the lack of trust the City has regarding use of City funds.  She recommended we hire an outside consultant to help people understand the Expenditure Limitation so it will pass.

 

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

 

Councilmember Baker made a motion to close the Public Hearing and reconvene into Special Session; seconded by Councilmember Ortiz.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:               

                        Absent:           Councilmember Almond Cutright, Jr.

                        Motion:           Carried

 

Consideration and action regarding Resolution No. R04-01-04, proposing an Alternative Expenditure Limitation (Home Rule).

 

Councilmember Baker made a motion to approve Resolution No. R04-01-04, proposing an Alternative Expenditure Limitation as read; seconded by Councilmember Ortiz.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:               

                        Absent:           Councilmember Almond Cutright, Jr.

                        Motion:           Carried

 

Consideration and action regarding convening into Board of Adjustment  and a Public Hearing for the purpose of VAR03-1219, a request by Bruce & Dorothy Ensz for Ervin & Fern Ensz for 22’ side yard in R-43 where 30’ is required on S ½ of Lot 90 of Dysart Ranchettes located at 10800 N. 125th Avenue.

 

Councilmember Kern made a motion to convene into Board of Adjustment and a Public Hearing for the purpose of VAR03-1219, a request by Bruce & Dorothy Ensz for Ervin & Fern Ensz for 22’ side yard in R-43 where 30’ is required on S ½ of Lot 90 of Dysart Ranchettes located at 10800 N. 125th Avenue; seconded by Vice Mayor Valdez.

 

VOTE;            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:

                        Absent:           Councilmember Almond Cutright, Jr.

                        Motion:           Carried

 

Senior Planner Mark Smith reported this lot was split when the property was R-1 zoning.  The required lot width was only 70’ with setbacks of 6’ and 10’ on the sides.  This is one of the primary reasons the Dysart Ranchettes were rezoned.  The new zoning now requires 30’ side yards and at least 150’ lot width.  The lot cannot be widened, and requiring 30’ on both sides would reduce the façade of the house to 40’.  It would probably look even worse than a reduced setback.  This side yard is adjacent to a vacant church property on the south rather than another residence. 

 

Public Comment:

 

Diane Connelly, 10802 N. 125th Avenue – She has a neighboring lot and has no problem with this 22’ setback.  In fact, she had spoken with other neighbors and they have no problem with it.

 

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

 

Board Member Baker made a motion to close the Public Hearing and reconvene into the Board of Adjustment; seconded by Board Member Ortiz.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:

                        Absent:           Board Member Almond Cutright, Jr.

                        Motion:           Carried

 

Consideration and action regarding VAR 03-12-19, a request by Bruce & Dorothy Ensz for Ervin & Fern Ensz for 22’ side yard in R-43 where 30’ is required on S ½ of Lot 90 of Dysart Ranchettes located 10800 N. 125th Avenue.

 

Board Member Baker made a motion to approve VAR 03-12-19, a request by Bruce & Dorothy Ensz for Ervin & Fern Ensz for 22’ side yard in R-43 where 30’ is required on S ½ of Lot 90 of Dysart Ranchettes located 10800 N. 125th Avenue; seconded by Board member Ortiz.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:   

                        Absent:           Board Member Almond Cutright, Jr.

                        Motion:           Carried

 

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

 

Board member Baker made a motion to close the Board of Adjustment and reconvene into Special Session; seconded by Vice Mayor Valdez.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:

                        Absent:           Board Member Almond Cutright, Jr.

                        Motion:           Carried

 

ADJOURNMENT:

 

Councilmember Baker made a motion to adjourn at 6:35 P.M.; seconded by Councilmember Ortiz.

 

VOTE;            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:

                        Absent:           Board Member Almond Cutright, Jr.

                        Motion:           Carried

 

 

 

 

                                                                                    ________________________________

                                                                                    Robert Robles, Mayor

 

ATTEST:

 

 

_________________________________

Edith W. Hoover, City Clerk

 

 

I hereby certify the foregoing minutes are a true and accurate record of the Special Meeting held on January 6, 2004 and a quorum was present.

 

 

 

                                                                                    ________________________________

                                                                                    Edith W. Hoover, City Clerk