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
