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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, June 9, 2005

 

Minutes

 

I.      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.

 

II.      ROLL CALL

Present were:  Mayor Fred Waterman, Vice Mayor Michele Kern, Councilmembers Roy Delgado, Rick Monzon, Tensi Reed, Kathleen White, City Manager BJ Cornwall, Attorney Fredda Bisman, Lt. Tony Giunta, Fire Captain David Cleveland, Acting Finance Director Bob Dye, City Clerk Edith Hoover

Absent were: Councilor Xavier G. Bedolla, Police Chief Dick Yost, Fire Chief Roy Levenda

 

III.      CONSENT AGENDA

 

1.   Consideration and action regarding approval of the meeting minutes from the March 10, May 12 and May 26, 2005 Council meetings.

 

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

 

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

                        Nay:

                        Absent: Bedolla

                        Motion: Carried

 

IV.      MAYOR’S COMMENTS

Mayor will give the audience numerous opportunities to speak.

 

V.      EXECUTIVE SESSION

Discussion and consultation for legal advice and to consider the City’s position and instruct its attorneys concerning the City’s position in pending or contemplated litigation regarding the City of Glendale’s 1978 annexation.

A.R.S 38-431.03(A)(3) and (4)

 

Vice Mayor Kern made a motion to convene into executive session at 6:08p.m.; seconded by Councilor White.

 

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

                        Nay:

                        Absent: Bedolla

                        Motion: Carried

 

Councilor Delgado made a motion to close executive session and reconvene into regular session at 6:15p.m.; seconded by Vice Mayor Kern.

 

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

                        Nay:

                        Absent: Bedolla

                        Motion: Carried

 

VI.      REGULAR AGENDA

 

A.   Consideration and possible action to instruct the City’s attorneys regarding the commencement of litigation against the City of Glendale regarding a 1978 annexation.

 

Fredda Bisman, City Attorney, explained that they investigated the 1978 strip annexation done by Glendale.  Which had the affect of precluding further expansion by the City of El Mirage.  The investigation shows that the annexation was approved by the Glendale Council at a public meeting held April 13 1978 but has not revealed documents to show that the meeting was properly posted.  If indeed the posting requirements were not satisfied, the annexation would be null and void.  They are seeking direction on whether Council wishes them to prepare and file a declaratory judgment lawsuit.

 

Councilor Delgado made a motion that the City’s attorneys be directed to prepare and file a lawsuit seeking a declaration of the validity or invalidity of the City of Glendale’s 1978 strip annexation encompassing more than 30 square miles south and west of the El Mirage City boundaries; second by Councilor White.

 

Bill Conner 13019 W Desert Cove Rd:  representing the City Advisory Committee spoke in support of this action.  After several meetings and studies of the issue, the Committee endorses and supports whatever action necessary to challenge Glendale’s ill-conceived land grab and to allow El Mirage the fair opportunity to gain prosperity and economic development.  We have a great potential to be the moving force behind future well balanced and proactive growth in the West Valley.  The action of asserting our rights to municipal self determination is the catalyst for a future that many long term residents have dreamed of.  We support and applaud the Mayor and Council.  We ask that you move forward knowing that the community and citizens support you.

 

The Mayor read the following statement:

The commitment of the El Mirage City Council is to always work in the best interest of our City and its citizens.  It is with that mission that El Mirage will take legal action to challenge the City of Glendale’s 1978 strip annexation of approximately 30 plus square miles of unincorporated properties to the south and west of our City’s boundary.  This legal action will allege that in 1978 the Glendale City Council passed an Annexation Ordinance in violation of the State’s Open Meeting Law.  Due to that 1978 strip annexation, our community is landlocked, prohibiting any ownership along the Loop 303 corridor.  If successful, this action could lead to our future development along that corridor.  That would mean that El Mirage could initiate significant commercial development and generate sales tax revenues that our community needs to support essential City services such as police, fire and municipal infrastructure.  Although the 30 plus square mile area in question is the home to Luke Air Force Base, our action is not intended to effect the affiliation of any municipality with Luke Air Force Base itself.  In fact City representatives have met with Luke representatives and informed them of the prospective action and also provided the base leadership with a letter which I would like to read into the record now: 

 

See Attached Letter

 

Our focus is upon the strip annexation of 27 years ago and the continued economic impact that it has today on the future of El Mirage.  El Mirage has the opportunity to enjoy the same economic benefits of other cities, and we must take every action possible to secure the economic viability of our City.  I thank the members of our City Council, our City Manager and all of those citizens that support this action.  We believe in the future of El Mirage and we will protect the right of the City and our citizens.

 

Roll Call Vote

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

                        Nay:

                        Absent: Bedolla

                        Motion: Carried

 

VII.      COUNCIL SUMMARY OF CURRENT EVENTS - NONE

 

VIII.      CITY MANAGER SUMMARY OF CURRENT EVENTS

They will be meeting with PERC on Tuesday we hope to have a conclusion.  Impact Fees are now legally adopted.

 

IX.      CALL TO THE PUBLIC - NONE

 

IX.       ADJOURNMENT

Councilor Delgado made a motion to adjourn at 7:55p.m.; seconded by Vice Mayor Kern.

 

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

                        Nay:

                        Absent: Bedolla

                        Motion: Carried