CITY COUNCIL REGULAR MEETING MINUTES

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					                   CITY COUNCIL REGULAR MEETING MINUTES
                   ESTHER ANGULO COMMUNITY CENTER

                                    DECEMBER 11, 2007

CALL TO ORDER

Vice Mayor Tovar called the meeting to order at 7:00 PM.

INVOCATION/PLEDGE OF ALLEGIANCE

Invocation was led by City Attorney Scott Ruby and the Pledge of Allegiance was
led by Council Member Mendoza.

ROLL CALL

Vice Mayor Tovar, Council Members Espinoza, Farr, Laborin, Mendoza and
Rodriguez were present. Absent: Mayor Gamez

Also Present: Assistant City Manager John Paul Lopez, City Attorney Scott W. Ruby,
Police Chief Larry Rodriguez, Mario Rochin Building Director, Chris Hagen City Clerk
and Deputy City Clerk Shaunna Lee-Rice

Department Heads: Controller Steven Baumgardt, Mark Berrelez Utilities Director,
George Good Fire Chief, Stephen Holliday, Information Technology Director, Paul
Magallanez Economic Development Director, Joy McClain Community Services
Director, Jason Earp, Public Works Director, Diana Quezada Magistrate Absent: City
Manager Reyes Medrano Jr., Wendy Jackson Human Resources Director,

City Council Convenes as Board of Adjustment.

REGULAR AGENDA –ACTION ITEM PROPOSED TO BE HEARD

   1. Public Hearing – soliciting comments from interested parties in reference to a
      Variance Request as submitted by Francisco and Peggy Aldrete, 9213 West Polk
      Street, Tolleson, Arizona 85353 to build a house at 9213 West Polk and to obtain
      a variance from the Tolleson minimum applicable side yard setbacks.

       Public Hearing opened at 7:02 P.M. and closed at 7:10 P.M.

       Peggy Aldrete addressed the Board advising that their first application asked
       to build with a 3 foot setback to the east lot line and 2 feet to the west lot line.
       Ms. Aldrete stated they were denied and therefore submitted a revised plan
       which was a 2 story house with 5 foot setbacks to the east and west lot lines.
       Ms. Aldrete stated that the lot was only 50 feet in width, and that they are
   REGULAR CITY COUNCIL MINUTES
   DECEMBER 11, 2007
   PAGE 2

   trying to get the best use of the lot. Mario Rochin Building Official advised
   the Board that the request was once again denied because it did not meet the
   four elements required by law. Dr. Rochin stated that the City of Tolleson
   Zoning Code provides that after 1987 side yard set backs are 10 feet in R-2
   Zoning, which is where this property is located and that R-2, is meant for
   multi-family housing. Dr. Rochin stated that any building built prior to 1987
   is a legal non-conforming structure. Ms. Aldrete questioned the larger
   homes in the area and their lot set backs. Dr. Rochin advised that the homes
   she is referencing are within a PAD and therefore have a different zoning
   requirement.

   Sammy Chavira, 9211 West Polk, Tolleson, Arizona 85353, addressed the
   Board on behalf of his mother who lives at 9211 West Polk, who asked that
   the Board consider drainage issues and fire safety before granting the
   variance for a closer setback due to her home and its construction and
   location on her lot.

   City Attorney Scott Ruby addressed the applicant advising the reasoning for
   such strict adherence to the Zoning Code was due to legislation that set forth
   four elements that must be met in order for a Board or Council to grant a
   variance. Attorney Ruby further stated that the applicant may also want to
   consider a rezone application in order to change the set back requirements
   for the lot in question, since it is currently R-2 Zoning.

   There were no further public comments.

2. Public Hearing – soliciting comments from interested parties in reference to a
   Variance Request as submitted by Manheim Greater Auto Auction, 201 North
   83rd Avenue, Tolleson, Arizona 85353 to obtain variance from the Tolleson
   building materials requirements.

   Public Hearing opened at 7:10 P.M. and closed at 7:16 P.M.

   Mr. Ken Boothe, Assistant General Manager addressed the Board advising
   that their application was to build additional lanes onto their existing
   building and use the same materials in order for it to be uniform and have an
   appealing appearance. Mr. Boothe advised that there is an 8 foot block wall,
   which precludes the visibility of the building from the roadway. Mr. Boothe
      REGULAR CITY COUNCIL MINUTES
      DECEMBER 11, 2007
      PAGE 3

      stated that at hits highest point the building is 16 feet. Mario Rochin,
      Building Official addressed the Board advising the materials proposed by
      Mr. Boothe were not in compliance with the code and therefore the request
      did not meet the four elements.

      Mr. Ruby addressed the Board advising that an application of this nature
      was approved some time ago and that at the time is was due to its location
      and invisibility from the public vantage point.

   3. Approve/Deny: Variance Request as submitted by Francisco and Peggy Aldrete,
      9213 West Polk Street, Tolleson, Arizona 85353 to build a house at 9213 West
      Polk and to obtain a variance from the Tolleson minimum applicable side yard
      setbacks.

      City Attorney Ruby again addressed the applicant advising of the four (4)
      elements that must be abided by Council’s across the State of Arizona based
      upon State Legislature requirements.

      A motion was made to deny by Board Member Espinoza and 2nd by Board
      Member Farr. Motion carried, 4-2 in favor of denial of the variance request.
      The dissenting votes were Council Member Laborin and Council Member
      Mendoza.

   4. Approve/Deny: Variance Request as submitted by Manheim Greater Auto
      Auction, 201 North 83rd Avenue, Tolleson, Arizona 85353 to obtain variance
      from the Tolleson building materials requirements.

      A motion was made to approve by Council Member Laborin there was no 2nd
      therefore the motion died. Council Member Rodriguez asked for
      clarification after arriving after the original presentation during the Public
      Hearing. A new motion was made by Council Member Rodriguez to
      approve the variance request and 2nd by Council Member Laborin. Motion
      carried, 3-2 and 1 abstain by Council Member Farr. The dissenting votes
      were Vice Mayor Tovar and Council Member Mendoza.

   5. City Council Adjourns as Board of Adjustment.

      Board of Adjustment was adjourned at 7:30 P.M. by Vice Chair Tovar.

Reconvene as City Council.
REGULAR CITY COUNCIL MINUTES
DECEMBER 11, 2007
PAGE 4

FINAL CALL TO SUBMIT SPEAKER REQUEST FORMS

All citizens and interested parties wishing to speak before the Council shall fully
complete a Speaker Request Form and, if possible, submit the form(s) to the City Clerk,
or designee prior to the meeting being convened; but in any case submissions should be
made no later than the Presiding Officer announcing the “Final Call to Submit Speaker

Request Forms.” Sufficient Speaker Request Forms are located in the lobby of the
Council Chambers. All speakers will be limited to 3 minutes unless otherwise noted
by the Mayor.

CALL TO THE PUBLIC (NON-AGENDA ITEMS)

       Marlena Pina, La Familia Pina’s Sports Bar, 91st Avenue read aloud her
       letter submitted to the Council for consideration to look into the changes to
       the access of their business due to the changes to 91st Avenue traffic plan,
       “attached here within becomes a part of the minutes.”

SCHEDULED PUBLIC APPEARANCES

   1. Presentation by the Foundation for Senior Living Home Improvements overview
      of the contracts we have received, the successes and challenges.

       Joann Thorpe, Director of the Foundation for Senior Living Home
       Improvements presented a slide show with the home that was renovated.

BUSINESS FROM THE FLOOR

   1. Public Hearing– soliciting comments from interested parties in reference to a
      Final Site Plan submitted by Manheim Greater Auto Auction, 201 North 83rd
      Avenue, Tolleson, Arizona 85353.

       Per a request to withdraw the Final Site Plan by the applicant, this item was
       removed.

CONSENT AGENDA – ACTION ITEMS

   *a. Approve Minutes: Work Study and Regular Meeting Minutes of November 27,
       2007.
 REGULAR CITY COUNCIL MINUTES
 DECEMBER 11, 2007
 PAGE 5

  *b. Approve Claims and Bills (claims and bills submitted for approval are all claims
      and bills incurred no later than 24 hours prior to the council meeting) and may be
      reviewed at City Hall during regular business hours.

     A motion to approve the consent items was made by Council Member Farr
     and 2nd by Council Member Mendoza. Motion carried, 6-0.

REGULAR AGENDA – ACTION ITEMS PROPOSED TO BE HEARD

  1. Approve/Deny: Authorizing the City Manager to execute a CM at Risk, Design
     Phase Services Contract with CORE Construction, 3036 East Greenway, Phoenix,
     Arizona 85032 related to the planned construction of the Police Department
     facility.

     Police Chief Rodriguez addressed Council asking them to give him and the
     City Manager authorization to negotiate and execute a contract for the
     design phase of the planned construction of the police department.

     A motion was made to approve the authorization of the City Manager to
     execute a CM at Risk, Design Phase Services Contract with CORE
     Construction by Council Member Laborin and 2nd by Council Member
     Rodriguez. Motion carried, 6-0.

  2. Approve/Deny: Authorizing the City Manager to execute a contract with HDA
     Architects, LLC, 459 North Gilbert Road, Suite C-200, Gilbert, Arizona 85234
     for architectural design of public safety facility.

     A motion was made to approve Authorizing the City Manager to execute a
     contract with HDA Architects for architectural design of public safety
     facility by Council Member Espinoza and 2nd by Council Member Mendoza.
     Motion carried, 6-0.

  3. Approve/Deny: Memorandum of Understanding with the Maricopa County
     Recorder’s office, for the purpose of the City of Tolleson recording and receiving
     real property documents electronically in substitution for conventional paper
     based documents.

     City Clerk Chris Hagen addressed the Council advising this will allow the
     City to record documents electronically, therefore saving time and paper.
REGULAR CITY COUNCIL MINUTES
DECEMBER 11, 2007
PAGE 6

     A motion was made to approve the Memorandum of Understanding with the
     Maricopa County Recorder’s office by Council Member Espinoza and 2nd by
     Council Member Mendoza. Motion carried 6-0.

  4. Approve/Deny: City Council Rules of Procedure.

     City Attorney Scott Ruby addressed Council advising there were minor
     grammatical and spelling corrections and form amendments he
     recommended Council include in the approval. Attorney Ruby stated the
     city clerk is aware of the changes and will make them and redistribute them.

     A motion was made to approve the Council Rules of Procedure as amended
     by City Attorney Ruby by Council Member Farr and 2nd by Council member
     Laborin. Motion carried, 6-0.

  5. Approve/Deny: Board and Commission Volunteer Application of Juanita
     Alvarado to serve on the Community Services Advisory Board.

     Joy McClain, Community Services Director addressed Council advising that
     the Committee has decided to increase its membership from five members to
     seven in order to more easily obtain a quorum and therefore it needs Council
     approval to appoint an additional member. Ms. McClain is recommending
     approval of the application of Juanita Alvarado.

     A motion was made to approve the application of Juanita Alvarado by
     Council Member Laborin 2nd by Council Member Farr. Motion carried 6-0.

  6. Approve/Deny: Cancelling regularly scheduled Council Meeting on December
     25, 2007.

     A motion was made to approve cancelling regularly scheduled Council
     Meeting on December 25, 2007 by Council Member Laborin and 2nd by
     Council Member Espinoza. Motion carried 6-0.

  7. Approve/Deny: Contract with Foundation for Senior Living Home Improvements
     for administration of the Tolleson Housing Rehabilitation Program with Maricopa
     County Community Development HOME contract # UC0710 in the amount of
     $40,323.00.

     Joy McClain, Community Services Director addressed Council advising that
     this year’s goal is five homes in Tolleson and that this will be the first
REGULAR CITY COUNCIL MINUTES
DECEMBER 11, 2007
PAGE 7

     collaboration with Maricopa County for HOME funds for the City of
     Tolleson and is asking for Council to approve.

     A motion was made to approve the contract with Foundation for Senior
     Living Home Improvements for administration of the Tolleson Housing
     Rehabilitation Program with Maricopa County Community Development
     HOME contract # UC0710 in the amount of $40,323.00 by Council Member
     Espinoza and 2nd by Council Member Laborin. Motion carried, 6-0.

  8. Approve/Deny: acceptance and execution of 2007 Governor’s Office of Highway
     Safety Grant, West Valley DUI Task Force Grant, Contract Number 2007-410-
     008, in the amount of $29,000.00. Resolution #1018 previously approved to
     pursue grant funds under the 2007/2008 Arizona Highway Safety Plan at the
     November 27, 2007 City Council Meeting.

     Chief Rodriguez addressed Council recommending approval. A motion was
     made to approve the acceptance and execution of 2007 Governor’s Office of
     Highway Safety Grant, West Valley DUI Task Force Grant, Contract
     Number 2007-410-008, in the amount of $29,000.00 by Council Member
     Laborin and 2nd by Council Member Espinoza. Motion carried 6-0.

  9. Approve/Deny: Ordinance No. 464 N.S. correcting a Scrivener’s error in
     Ordinance No. 458 N.S. and amending the Tax Code of the City of Tolleson
     Chapter 8A, Privilege and Excise Taxes, Article IV, Privilege Taxes by increasing
     Tax Rates provided therein to two and one half percent (2.5%); providing
     penalties for violations; repealing conflicting Ordinances; providing for
     severability; and declaring an emergency.

     City Attorney Scott Ruby read aloud the Ordinance by title and explained to
     Council the Scrivener’s error was the verbiage stating “retail sales tax”
     should have read “sales tax.”

     A motion was made by Council Member Farr and 2nd by Council Member
     Laborin. Motion carried 6-0.
REGULAR CITY COUNCIL MINUTES
DECEMBER 11, 2007
PAGE 8

  10. Approve/Deny: Selection of location for construction of Police Department
      facility.

     Chief Rodriguez addressed Council with a Power Point presentation,
     “attached here within becomes a part of the minutes,” and advised that there
     are three options currently in existence. Option 1 is the current “Cowden
     Park” location, option 2 is in front of the City Hall complex on Van Buren
     and option 3 has just presented itself, a possible land swap presented by
     Tolleson High School for the land west of the City Hall Complex, where the
     basketball, tennis and racquetball courts exist. Mr. Ruby advised that there
     may be issues with option 3, due to the need to have the property appraised
     and possibly having to hold a Special Election but Chief Rodriguez asked
     Council to direct him as to their recommendation.

     A motion was made to approve continued negotiation with the Tolleson
     Union High School for a land swap and report to Council the details by
     Council Member Espinoza and 2nd by Council Member Mendoza. Motion
     carried 6-0.

  11. Approve/Deny: A Final Site Plan submitted by Manheim Greater Auto Auction,
      201 North 83rd Avenue, Tolleson, Arizona 85353.

     Per a late request to remove this item from the by the applicant this item is
     removed.

  12. Approve/Deny: A Use Permit Use Permit as submitted by Yvonne Ermisch,
      18908 West College Drive, Litchfield Park, Arizona 85340 on behalf of Inocente
      Corral, 106 South 91st Avenue, Tolleson, Arizona 85353 to allow the sales of
      automobiles/used motor vehicles in the C-2 Zoning District located at 106 South
      91st Avenue, Tolleson, Arizona 85353.

     Council discussed with Mario Rochin, Building Official the stipulations on
     Inocente Corral’s Use Permit approval in 2004, which concluded that the
     only stipulation was not to store vehicles on his property for more than 72
     hours.

     A motion was made to deny the use permit by Council Member Farr and 2nd
     by Council Member Rodriguez. Motion carried 6-0.
REGULAR CITY COUNCIL MINUTES
DECEMBER 11, 2007
PAGE 9

CITY MANAGER’S REPORT OF CURRENT EVENTS

   1. H.U.D. Community Development Block Grant (CDBG) projects update.

      Assistant City Manager Lopez addressed Council advising the City will not
      be applying for this grant in this fiscal year and is currently working to
      revise the census bureau’s tract information for the City in order for the
      funds to be evenly distributed throughout the city as opposed to being
      concentrated in one area, as it currently exists.

   2. Luces update.

      Assistant City Manager Lopez addressed Council advising the festival was a
      success and thanked all staff and residents for their attendance and
      participation.

   3. December 21, 2007 Employee Christmas luncheon.

   4. Schedule date for City Manager’s review.

      This item was postponed to the January 8, 2008 Council Meeting.

                                         APPROVED:

                                         ___________________________
                                         Anna Marie Tovar, Vice Mayor

ATTEST:

________________________________________
SHAUNNA LEE-RICE, DEPUTY CITY CLERK

                                     CERTIFICATION

I HEREBY CERTIFY THAT THE FOREGOING MINUTES ARE A TRUE
AND CORRECT COPY OF THE MINUTES OF THE SCHEDULED
COUNCIL MEETING OF THE CITY COUNCIL, TOLLESON,
ARIZONA HELD ON THE_________ of __________________, 2007.
FURTHER CERTIFY THAT THE MEETING WAS DULY CALLED AND HELD AND THAT
A QUORUM WAS PRESENT.

________________________________________
SHAUNNA LEE-RICE, DEPUTY CITY CLERK

				
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