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REGULAR MEETING OF THE COMMON COUNCIL

OF THE CITY OF EL MIRAGE

EL MIRAGE ELEMENTARY SCHOOL

13500 N. EL MIRAGE RD.

6:00 P.M, THURSDAY, January 13, 2005

 

Minutes

 

CALL TO ORDER: Mayor called the meeting to order at 6:00p.m. and led the public in 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, Tensi Reed, Kathleen White, City Manager BJ Cornwall, Attorney Fredda Bisman, Police Chief Dick Yost, Fire Chief Roy Levenda, Finance Director Diana Betancourt, City Clerk Edith Hoover

 

EXECUTIVE SESSION:

Discussion and consultation for advice from legal counsel and to consider the City’s position and instruct its representatives regarding the acquisition of real property and possible litigation involving property acquisition.  A.R.S. 38-431.03(3) (4) and (7).

            TABLED DUE TO THE PARTICIPANTS RUNNING LATE

 

CONSENT AGENDA

Consideration and action regarding Resolution R05-01-01 declaring that said Council deems the granting of a certain electric franchise to Arizona Public Service Corporation beneficial for the City of El Mirage; declaring that there shall be submitted to the voters of the City the question of whether or not a franchise shall be granted; designating the election date and purpose of the election; designating the deadline for voter registration; and authorizing the City Clerk to conduct a May Special Election for the purpose of an Arizona Public Service Franchise Election as a “Mail Ballot” Election.  Pursuant to A.R.S. 16-409(B) and to require voters to pay return postage and prescribing the form of the ballot.

 

Consideration and action regarding approval of minutes of the special meeting of December 17 & 22 and regular meeting of December 15.

 

Consideration and action authorizing the City Manager to authorize expenditures on the Olive Avenue Road Construction Project up to the Engineer’s estimate of $1,322,022 for the amount of $217,735; waiving El Mirage City Code 3-4 Purchasing.

 

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

 

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

                        Nay:

                        Absent:

                        Motion: Carried

 

MAYOR’S COMMENTS:  NONE

 

REGULAR AGENDA

 

Consideration and action regarding resolution R05-01-03 authorizing the Mayor to sign a development agreement for Rocking H Investments d.b.a. DVC Concrete & Stucco at 12475 W. Alice Avenue.

 

Mark Smith explained this has already been signed by the owner.  Councilor Delgado asked if they will have a sale office there.  The answer was yes but Mark was not sure if they are selling product or services.  Mayor asked if there would be retail sales tax, the answer is no.  Councilor Delgado asked about the possibility of jobs.  The answer is yes there will be job opportunities.

 

Councilor Reed made a motion to approve; seconded by Councilor Delgado.

 

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

                        Nay:

                        Absent:

                        Motion: Carried

 

Consideration and action regarding resolution R05-01-04 authorizing the Mayor to sign a development agreement for RBK Development, Inc. d.b.a. Rancho El Mirage Plaza at 13915 N. Dysart Road.

 

Mark Smith explained this is a retail center.  Councilor Delgado stated this is a bad area for water retention.  Mark explained that they are required to handle the drainage on site and part of the road.  The redesign of the intersection should take care of the problems.  BJ stated that they already have four of the tem available leases.  Councilor Reed asked if the intersection will be completed by the time the building goes up.  BJ Cornwall stated “No”.

 

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

 

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

                        Nay:

                        Absent:

                        Motion: Carried

 

Consideration and action regarding resolution R05-01-05 authorizing the Mayor to sign a development agreement for Ernst Family Trust d.b.a. Grand Auto Center at 12555 N.W. Grand Avenue.

 

Mark Smith explained what this project entails and that the owners have signed the agreement.  Councilor Delgado asked how many acres this is.  The answer is 3.5.  Councilor Delgado asked if they were retail and about job opportunities.  BJ stated all three areas will be retail.

 

Councilor Reed made a motion to approve; seconded by Councilor Delgado.

 

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

                        Nay:

                        Absent:

                        Motion: Carried

 

COUNCIL SUMMARY OF CURRENT EVENTS:  NONE

 

CITY MANAGER SUMMARY OF CURRENT EVENTS:

 

Updated on the road improvements.  The Olive Rd project is 95% complete… the second phase El Mirage Rd is in the bid phase, tentative to begin on the 30th.  Mentioned where Christmas trees can be dropped.  He is happy that Council just approved over 10 retail businesses to the City.

 

CALL TO THE PUBLIC:  NONE

 

PUBLIC ANNOUNCEMENTS:  NONE

 

EXECUTIVE SESSION

 

Discussion and consultation for advice from legal counsel and to consider the City’s position and instruct its representatives regarding the acquisition of real property and possible litigation involving property acquisition.  A.R.S. 38-431.03(3) (4) and (7)

 

Discussion and consultation with the City's attorney in order to consider the City's position and instruct its attorney regarding the City's position regarding a contract that is the subject of negotiations, concerning the City's recreational programs.  A.R.S. Section 38-431.03.A(4).

 

Vice Mayor Kern made a motion to go into Executive Session at 6:13p.m.; seconded by Councilor Reed.

 

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

                        Nay:

                        Absent:

                        Motion: Carried

 

Vice Mayor Kern made a motion to reconvene into Regular Session at 7:45p.m.; seconded by Councilor Bedolla.

 

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

                        Nay:

                        Absent:

                        Motion: Carried

 

Vice Mayor Kern made a motion to adjourn at 7:46p.m.; seconded by Councilor Bedolla.

 

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

                        Nay:

                        Absent:

                        Motion: Carried