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REGULAR MEETING OF THE COMMON COUNCIL

OF THE CITY OF EL MIRAGE

EL MIRAGE ELEMENTARY SCHOOL

12308 W. THUNDERBIRD ROAD, EL MIRAGE

6:00 p.m THURSDAY, MARCH 11, 2004

 

Minutes

 

CALL TO ORDER:  Mayor Robert Robles called the meeting to order at 6:05 P.M.  Council led the public in the Pledge of Allegiance.  Councilmember Cutright presented the Opening Prayer.

 

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

 

CONSENT AGENDA:

 

Consideration and action regarding Ordinance No. O04-03-07, amending the Zoning Ordinance regarding convenience food restaurants in the B-2 General Business District.

 

Consideration and action regarding Resolution No. R04-03-12, declaring as a public record the repeal of Ordinance No. 35-003 and Section 14-6-10, Sign Regulations, of the City Zoning Ordinance and adopting a new Section 14-6-10 Providing for New Sign Regulations.

 

Consideration and action regarding Ordinance No. O04-03-08, repealing Ordinance 35-003 and Section 14-6-10, Sign Regulations, of the City Zoning Ordinance and adopting a new Section 14-6-10 Providing For New Sign Regulations.

 

Consideration and action regarding approval to hire a part-time Court Clerk position.

 

Consideration and action regarding approval to hire a Public Relations and Communications Officer position for the City Manager’s Office.

 

Consideration and action regarding a staff change from a Customer Service Representative Supervisor to a new Business License Specialist position.

 

Consideration and action regarding Resolution No. R04-03-14, declaring as a public record that certain document filed with the City Clerk and entitled “City of El Mirage Use Tax.”

 

Consideration and action regarding Ordinance No. O04-03-11, relating to the Privilege License Tax; adopting the “City of El Mirage Use Tax” which includes an increase of the Privilege License Fee; providing penalties for the violation thereof; providing severability and establishing an effective date.

 

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

 

VOTE:            Yea:                Baker, Valdez, Cutright, Kern and Robles

                        Nay:

                        Absent:           Ortiz, Reed

                        Motion:           Carried

 

MAYOR’S COMMENTS:

 

Mayor Robles made no comment

 

REGULAR AGENDA:

 

Consideration and action regarding the second reading of Ordinance No. O04-02-04, amending the zoning of three lots at 13813 N. Primrose Street from R-1a (Single Family Residential) to B-3 (General Services) and amending the official Zoning Map.

 

Consideration and action regarding Resolution No. R04-03-13, authorizing the Mayor to sign a Development Agreement with Juan Herrera of Erik’s Automotive Repair for improvements to an auto repair facility at 13813 N. Primrose Street.

 

Councilmember Kern made a motion continue the second reading of Ordinance No. O04-02-04 and the Development Agreement with Juan Herrera of Erik’s Automotive Repair until the March 25th Council meeting; seconded by Councilmember Baker.

 

VOTE:            Yea:                Baker, Valdez, Cutright, Kern and Robles

                        Nay:

                        Absent:           Ortiz, Reed

                        Motion:           Carried

 

Consideration and action regarding convening into Public Hearing for the purpose of hearing public comment regarding a request from Al Bush on behalf of Bob’s RV Sales to rezone from R-1a to B-3 plus site plan approval for expansion of the RV sales lot at 11925 NE Grand Avenue.

 

Councilmember Kern made a motion to convene into Public Hearing for the purpose of hearing public comment regarding a request from Al Bush on behalf of Bob’s RV Sales to rezone from R-1a to B-3 plus site plan approval for expansion of the RV Sales lot at 11925 NW Grand Avenue; seconded by Councilmember Ortiz.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

Senior Planner Mark Smith stated this is a request to rezone a single lot south of Bob’s RV to expand the business.  The Planning and Zoning Commission recommends approval.  Staff also recommends approval.  The landscape and setback issues will be addressed with a variance which will be addressed later in the meeting tonight.

 

Public Comment:     There were no public comments.

 

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

 

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

 

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

                  Nay:

                  Absent:           Reed

                  Motion:           Carried

 

Consideration and action regarding Ordinance No. O04-03-10, amending the zoning of a lot south of 11925 N.W. Grand Avenue from R-1a (Single Family Residential) to B-3 (General Services) and amending the Official Zoning Map.

 

Councilmember Kern made a motion to approve the first reading of Ordinance No. O04-03-10, amending the zoning of a lot south of 11925 N.W. Grand Avenue from R-1a (Single Family Residential) to B-3 (General Services) and amending the Official Zoning Map; seconded by Councilmember Cutright.

 

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

                        Nay:               

                        Absent:           Reed

                        Motion:           Carried

 

Consideration and action regarding Convening into Board of Adjustment AND Public Hearing for the purpose of hearing public comment regarding a variance request by Al Bush on behalf of Bob’s RV Sales for variances for an 8’ wall adjacent to residential and also to waive landscaping on expansion of the RV sales lot at 11925 NW Grand Avenue.

 

Councilmember Kern made a motion to convene into the Board of Adjustment and Public Hearing; seconded by Councilmember Baker.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

Senior Planner Mark Smith stated the new site plan shows the improvements.  They are requesting an 8 foot wall to provide a better buffer to the residential to the south.  The existing wall is 8 foot.  He is asking for a waiver of the landscaping because the owner wants to pave that property.  Staff recommends this landscaping be required.  Councilmember Kern said she understood the applicant to want to align his fence with the existing fence line, rather than a drop in height.  He wants a fence line that is symmetrical when you look down Luna.  His property would look the same as everyone down the street.   Applicant Al Bush stated the proposal of Councilmember Kern is the way he wants it done.

 

Public Comment:

 

Al Bush, 10090 N. 112th Avenue, Sun City – He wants it done the way Councilmember Kern stated.

 

Fred Waterman, 11210 N. El Mirage Road, Space A53 – Who will provide the maintenance of the landscape?  Mr. Smith stated the property owner provides maintenance.

 

Robert Keen, 11925 NW Grand Avenue – Bob’s Quality RV will be glad to maintain the landscape.

 

Consideration and action regarding Convening into Board of Adjustment AND Public Hearing for the purpose of hearing public comment regarding a Variance request by Juan Herrera of Erik’s Automotive, agent for Reynolds Trust, for an 8’ high wall adjacent to residential zoning for an auto repair facility at 13813 N. Primrose St.

 

Board Member Kern made a motion to continue the Board of Adjustment AND Public Hearing for the purpose of hearing public comment regarding a variance request by Juan Herrera of Erik’s Automotive; seconded by Board Member Baker.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried to Continue until 3/25/04

 

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

 

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

 

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

                        Nay:               

                        Absent:           Reed

                        Motion:           Carried

 

Consideration and action regarding a variance request by Juan Herrerra of Erik’s Automotive, agent for Reynolds Trust, for an 8’ high wall adjacent to residential zoning for an auto repair facility at 13813 N. Primrose St.

 

Board Member Baker made a motion to continue the variance request by Juan Herrera of Erik’s Automotive; seconded by Board Member Kern.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

Consideration and action regarding a variance request by Al Bush on behalf of Bob’s RV Sales for an 8’ wall adjacent to residential and also to waive landscaping on expansion of the RV sales lot at 11925 NW Grand Avenue.

 

Board Member Kern made a motion to approve a variance request by Al Bush on behalf of Bob’s RV Sales for an 8’ wall adjacent to residential and also to waive landscaping on expansion of the RV sales lot at 11925 NW Grand Avenue with the addition of the stipulation adding a 10’ additional fence to match existing fence lines along Luna  and waiving none of the other stipulations except for waiving of landscaping; seconded by Board Member Baker.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

COUNCIL SUMMARY OF CURRENT EVENTS:

 

No Council comments were given.

CITY MANAGER SUMMARY OF CURRENT EVENTS:

 

City Manager BJ Cornwall  commented on:  YMCA moving forward with needs assessment; MAG – street sweeper request is going to Regional Council; the light loop has been installed at El Mirage and Thunderbird Roads; there will be two public forums on March 22nd and April 6th  for the General Plan and Expenditure Limitation; Brooks Engineering reported the road improvement drawings have been completed and are being approved by staff; the public is able to speak to agenda items as long as they fill out the card prior to the meetings; El Paso Gas wants to put in a 36” high pressure gas line and the West Valley Cities feel it is unsafe for our citizens we need to help approve the bill opposing El Paso Gas.  It is important to the safety of our community to defeat El Paso and asked citizens to call, e-mail, etc. their legislators.

 

CALL TO THE PUBLIC:

 

John Kimble and John Caprene, representative of Community Builders – They are made up of five churches and serve neighborhoods.  They reviewed where they had worked and where they are going.  Revitalization is something they can help with.

 

Roger Flores, 12211 (could not hear)_Dr., They are concerned about the Youth Center and who is responsible for sports in this community.  He was informed of activities and there are no such activities.  The City of Peoria has a new park.  Surprise has a new park but does not allow us to use them.  The other day he asked for something for his kids but they only have the one park.  It is time to think about the youth and their future.  Many stores have bars so people cannot break in.  Would like to have activities to keep our kids busy.  He does not feel the City is aware of what is going on out there.

 

Marianne Del Debbio, 12810 W. Laurel – Three years ago she came before Council and told them she found out that the Council did not have her values.  She believes leadership is representative of people they lead.  Council lacks respect for the community.  She is glad to see the City is changing.

 

Councilmember Almond Cutright, Jr. reported three hours after the election someone drove into his driveway and took the rear mirror off his car.  This is not a time for a hateful crime.

 

PUBLIC ANNOUNCEMENTS:

 

           There were no Public Announcements.

 

EXECUTIVE SESSION:

 

Discussion and consultation with the City’s attorneys for legal advice and to consider the City’s position and instruct its attorneys regarding the City’s position in contemplated or pending litigation.  The discussion will include settlement by Consent Adjustment of certain issues between the Arizona Department of Environmental Quality and the City.  A.R.S.  §38-431.03A(3) and (4).

Councilmember Baker made a motion to adjourn into Executive Session; seconded by Councilmember Ker.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

Councilmember Baker made a motion to close the Executive Session and reconvene into Regular Session; seconded by Councilmember Kern.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

REGULAR SESSION:

 

Consideration and possible approval of a Consent Judgment resolving certain issues between the City and the Arizona Department of Environmental Quality.

 

Councilmember Baker made a motion to approve a Consent Judgment resolving certain issues between the City and the Arizona Department of Environmental Quality; seconded by Councilmember Kern.

 

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

                        Nay:   

                        Absent;           Reed

                        Motion;           Carried

 

ADJOURNMENT:

 

Vice Mayor Valdez made a motion to adjourn the meeting at 7:16 p.m.; seconded by Councilmember Baker.

 

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

                        Nay:

                        Absent:           Reed

                        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 Regular Council Meeting Held on March 11, 2004 and a quorum was present.

 

 

                                                                                    ________________________________

                                                                                    Edith W. Hoover, City Clerk