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REGULAR MEETING OF THE
OF THE CITY OF EL MIRAGE
EL MIRAGE ELEMENTARY
13500 N. EL MIRAGE
6:00 P.M., THURSDAY, MAY 12, 2005
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.
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)
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.
Bedolla, Delgado, Kern, Reed, Waterman
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
Councilor White made a motion to approve; seconded by Vice Mayor Kern.
Bedolla, Delgado, Kern, Reed, Waterman, White
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
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.
VOTE: Yea: Bedolla,
Delgado, Kern, Reed, Waterman, White
EXECUTIVE SESSSION (Moved to the end)
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
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.
Councilor Delgado made a motion to close executive session and
reconvene into regular session at 8:42 p.m.; seconded by Councilor Bedolla.
COUNCIL SUMMARY OF CURRENT EVENTS
There is a clean up Saturday at 7a.m. for A & B Street. Everyone is welcome to come help.
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.
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.
Vice Mayor Kern made a motion to adjourn at 8:43p.m.; seconded by Councilor Reed.