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REGULAR MEETING OF THE
OF THE CITY OF EL MIRAGE
EL MIRAGE ELEMENTARY
13500 N. El Mirage Rd.
6:00 P.M, Thursday, June 9, 2005
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.
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
1. Consideration and action regarding approval of the
meeting minutes from the March 10, May 12 and May 26, 2005 Council
Councilor White made a
motion to approve the consent agenda; seconded by Councilor Delgado.
Delgado, Kern, Monzon, Reed, Waterman, White
will give the audience numerous opportunities to speak.
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
A.R.S 38-431.03(A)(3) and (4)
Mayor Kern made a motion to convene into executive session at 6:08p.m.; seconded
by Councilor White.
Delgado made a motion to close executive session and reconvene into regular
session at 6:15p.m.; seconded by Vice Mayor Kern.
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
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.
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.
Mayor read the following statement:
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:
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.
COUNCIL SUMMARY OF CURRENT
EVENTS - NONE
CITY MANAGER SUMMARY OF
They will be meeting with PERC on Tuesday we hope to
have a conclusion. Impact Fees are now legally adopted.
CALL TO THE PUBLIC - NONE
Delgado made a motion to adjourn at 7:55p.m.; seconded by Vice Mayor Kern.