View Other Items in this Archive | View All Archives | Printable Version

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, MAY 12, 2005

 

Minutes

 

I.            CALL TO ORDER: Mayor called the meeting to order at 6:01p.m. and led the public in the Pledge of Allegiance and Moment of Silence.

 

II.            ROLL CALL: Present were:  Mayor Fred Waterman, Vice Mayor Michele Kern, Councilmembers Xavier G. Bedolla, Roy Delgado, Tensi Reed, Kathleen White, City Manager BJ Cornwall, Attorney Fredda Bisman, Lieutenant Bill Seltzer, Fire Chief Roy Levenda, Finance Director Diana Betancourt, City Clerk Edith Hoover

Absent was Rick Monzon (ill), Police Chief Dick Yost (vacation)

 

III.            CONSENT AGENDA

 

1.      Consideration and action regarding the second reading of Ordinance No. O05-04-05, amending Chapter 3 “Administration” of the City Code, Article 3-1 “Officers in General”, Article 3-2 “Officers” and Chapter 4 “Police and Fire Departments”, Article 4-1 “Police Department”, Article 4-2 “Fire Department” and delegating certain duties and responsibilities to the City Manager.

 

2.               Consideration and action regarding approval of meeting minutes from the March      24, April 13 and April 28, 2005 City Council meetings.

 

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

 

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

                        Nay:

                        Abstain: White

                        Absent: Monzon

                        Motion: Carried

 

IV.            REGULAR AGENDA

 

A.       Consideration and action regarding Resolution No. R05-05-14, Call of Election, declaring a Special Election for the purpose of submitting to the voters of the City the question of selling or not selling real property consisting of 4.827 acres located at the southeast corner of El Mirage Road and Thunderbird Road, El Mirage, Arizona; designating the election date and purpose of the Special Election; designating the deadline for voter registration; and authorizing the City Clerk to conduct the Special 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.

 

City Manager BJ Cornwall explained this item; it gives us the ability to sell the land to the highest bidder and to bring retail into the City.

 

Vice Mayor Kern asked if there was a way to stipulate what kind of business goes there.  BJ stated that if we can put it in bid, we will.  We will have the ability, through planning and zoning and Council action, to ensure retail goes there.  Fredda explained what State Law says about a City selling property.

 

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

 

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

                        Nay:

                        Absent: Monzon

                        Motion: Carried

 

B.       Consideration and action regarding Resolution No. R05-05-15, ordering and calling a Special Election to be held on September 13, 2005, to submit the questions of (1) authorizing the City to enter into one or more loan repayment agreements with, among others, the Water Infrastructure Finance Authority of Arizona and the Greater Arizona Development Authority and (2) separately issuing and selling bonds of the City to raise money not to exceed $32,000,000 to finance or refinance costs of construction, reconstruction, improvement and extension of the wastewater and/or water systems of the City.

 

Greg Schwartz from Piper Jaffary gave a power point presentation (see attached).

Vice Mayor Kern is concerned about the language of the ballot.  It is not clear that the question is who to borrow the money from vs will we borrow the money.  She feels they will think they can vote “no” and then the City will not borrow the money.  Greg Schwartz explained it has to read this way.  To alleviate concerns, Piper Jaffary will be attending HOA meetings and such, we will have public hearings.  Fredda clarified that you cannot use City resources to advocate but you can use them to educate people.

 

Alice Ortiz 13605 B St.:  concerned about the 17.2 million.  Council answered that the remaining 5.8 will be refinanced at a lower interest rate.  Alice feels people will be asking about the wells.  Vice Mayor Kern explained the money needs to be paid back regardless and this makes it possible at a lower interest rate.

 

Bruce Baker Sun City :  if this is paid from water and sewer, will the rates go up.  Vice Mayor Kern explained that the rate increase that was done took into account doing this.  Councilor White said that they will not go up from what was approved.  Fredda stated this is getting away from the item at hand.

 

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

 

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

                        Nay:

                        Absent: Monzon

                        Motion: Carried

 

V.            EXECUTIVE SESSSION  (Moved to the end)

 

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 for legal advice with the City's attorney regarding the results of fire department investigation.  A.R.S. Section 38-431.03(A)(3).

 

Vice Mayor Kern made a motion to convene into executive session at 6:50p.m.; seconded by Councilor Delgado.

 

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

                        Nay:

                        Absent: Monzon

                        Motion: Carried

 

Councilor Delgado made a motion to close executive session and reconvene into regular session at 8:42 p.m.; seconded by Councilor Bedolla.

 

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

                        Nay:

                        Absent: Monzon

                        Motion: Carried

 

VI.            COUNCIL SUMMARY OF CURRENT EVENTS

 

There is a clean up Saturday at 7a.m. for A & B Street.  Everyone is welcome to come help.

 

VII.            CITY MANAGER SUMMARY OF CURRENT EVENTS

 

BJ Cornwall.  We hit salt at 1400 feet at the Canterbury Well site.  Dysart & Thunderbird intersection is moving forward.  Dysart & Olive turn signals are operating.  Our last clean up was a huge success.  The hard corner at El Mirage & Cactus has been sold and will be used for retail.  The City of El Mirage received four awards from AZ Water and Pollution Control Association; we are the only community to receive all four.  Home National Bank has signed a letter of intent to locate at Dysart and Greenway.

 

VIII.            CALL TO THE PUBLIC

 

Alice Ortiz 13605 B St.:  Thanked the Council for giving BJ (City Manager) the authority over Police and Fire.  Perhaps in the future do an audit.

 

Madelyn Smith 12325 W Alice Ave:  represents Luke Industrial Park.  We have had a lot of break ins.  She would like to thank BJ (City Manager), the Police Lieutenant and Chief for coming out and meeting with everyone.  She feels we need more Police to elevate this problem.

 

Lupe Galindo 11918 E Ash St. was present at the meeting for the Public Hearing for Lupita’s Mexican Restaurant.  She did not know that it had been removed from the agenda.

 

Nancy Walden, 120721 Givens Rd. – She has repeatedly seen our Streets Department employees sitting in their vehicles along the side of the street.  In fact, she ran across a female Streets employee who got out of her vehicle with a cigarette dangling out of her mouth and dressed very sloppily.  She then proceeded to do nothing.  Ms. Walden is tired of seeing the Streets employees standing and sitting around doing nothing.  In the City of El Mirage, there is a lot that needs to be done.

 

IX.            ADJOURNMENT

 

Vice Mayor Kern made a motion to adjourn at 8:43p.m.; seconded by Councilor Reed.

 

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

                        Nay:

                        Absent: Monzon

                        Motion: Carried