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SPECIAL MEETING OF THE COMMON COUNCIL

OF THE CITY OF EL MIRAGE

EL MIRAGE SENIOR CENTER

14010 N. EL MIRAGE RD

5:30 P.M. – THURSDAY – DECEMBER 2, 2004

 

MINUTES

 

CALL TO ORDER Mayor Waterman called the meeting to order at 5:34 pm then led the Pledge of Allegiance and moment of silence.

 

ROLL CALL Present were:  Mayor Fred Waterman, Vice Mayor Michele Kern, Councilmembers Xavier G. Bedolla, Roy Delgado, Rick Monzon, Kathleen White, City Manager BJ Cornwall, Attorney Fredda Bisman, City Engineer Chris Young, Police Chief Dick Yost, Finance Director Diana Betancourt, City Clerk Edith Hoover

Absent was:  Councilmember Tensi Reed

 

EXECUTIVE SESSION:

 

Discussion and consultation with the City’s attorneys for legal advice and to consider the City’s position and instruct its attorneys concerning pending or contemplated litigation regarding construction of wastewater treatment plant.  A.R.S. 38431.03.A. (3) and (4).

 

Councilor Delgado made a motion to go into executive session; seconded by Councilor Monzon.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Waterman, White

Nay:

                        Absent: Reed

                        Motion: Carried

 

Councilor White made a motion to go into regular session at 6:30p.m.; seconded by Councilor Delgado.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Waterman, White

Nay:

                        Absent: Reed

                        Motion: Carried

 

CONSENT AGENDA:

 

Consideration and action requesting approval to accept a grant from the Oversight Council on Driving or Operating under the Influence Abatement in the amount of $10,000.  This grant will be used to purchase portable breath testing devices and two digital cameras to digitally record impaired suspects for later use in court.

Police Chief Dick Yost reported these funds will be used to add to the equipment currently owned by the City.  There is no match to this grant.

Councilor Delgado made a motion to approve; seconded by Vice Mayor Kern.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Waterman, White

Nay:

                        Absent: Reed       

                        Motion: Carried

 

SPECIAL AGENDA:

 

Consideration and action regarding approval of a Settlement Agreement for a condemnation complaint, City of El Mirage v. RC Roberts Corporation, et al., No. CV2000-018290.

City Manager BJ Cornwall gave an overview of this process.  This settlement agreement is the result of 2 ½ years of negotiations.

 

Councilor Delgado made a motion to approve; seconded by Vice Mayor Kern.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Waterman, White

Nay:

                        Absent: Reed       

                        Motion: Carried

 

Consideration and action regarding Resolution No R04-11-59, waiving the requirement to comply with Article 3-4, Purchasing of the City Code, for the express purpose of constructing or reconstructing wastewater reclamation facility to provide proper capacity for the immediate and future needs to insure the health and welfare for the City of El Mirage Citizens.

Lucky Roberts gave a presentation regarding the portion of this project that would be covered by this motion.  She reported this is one more step toward the completion of the wastewater reclamation facility.  Vice Mayor Kern does not want these waivers to be done by resolution. 

 

Vice Mayor Kern made a motion to approve the waiving of this immediate bid portion of the project but not the contractual process without the resolution process; seconded by Councilor Bedolla.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Waterman, White

Nay:

                        Absent: Reed

                        Motion: Carried

 

Consideration and action regarding Resolution No. R04-11-60, waiving the requirement to comply with Article 3-4, Purchasing, of the City Code, for the express purpose of constructing two mobile Police Office facilities to provide proper capacity for the immediate and future needs of the El Mirage Police Department to insure the safety and welfare for the City of El Mirage citizens.

 

Police Chief Yost explained the necessity to get the two modular units ready for the Police Department.  It took almost two months for the state to approve the permits.  Council stressed the installation of the buildings but all other associated projects must go out to bid.  This does not remove the necessity for following contractual requirements.

 

Vice Mayor Kern made a motion to approve the setting up or installation of the modular units and bids are still required for all other associated projects and all must go through the contract procedure; seconded by Councilor White.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Waterman, White

Nay:

                        Absent: Reed       

                        Motion: Carried

 

Consideration and action regarding canceling the December 9th meeting and changing December 16th meeting to December 15th.  These changes are due to Council obligations on December 9th and 16th.

Mayor Waterman explained that the Council has been invited to activities where they will be representing the City on the 16th.  Current items for the next agenda will not be ready for the 9th so the next meeting should be December 15th.

 

Councilor White made a motion to approve; seconded by Councilor Bedolla.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Waterman, White

Nay:

                        Absent: Reed       

                        Motion: Carried

 

EXECUTIVE SESSION:

 

Discussion and consultation with the City’s attorneys for legal advice regarding budget and personnel issues.  A.R.S. §38-431.03.A (1) and (3)

Councilor Delgado made a motion to go into executive session; seconded by Vice Mayor Kern.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Waterman, White

Nay:

                        Absent: Reed

                        Motion: Carried

 

Councilor White made a motion to go into regular session at 7:59p.m.; seconded by Councilor Delgado.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Waterman, White

Nay:

                        Absent: Reed

                        Motion: Carried

 

ADJOURNMENT:

Councilor White made a motion to adjourn at 8:00 p.m.; seconded by Councilor Delgado.

 

VOTE:            Yea: Bedolla, Delgado, Kern, Monzon, Waterman, White

Nay:

                        Absent: Reed

                        Motion: Carried