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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, Monday, November 21, 2005

 

Minutes

 

I.      CALL TO ORDER

Mayor called the meeting to order at 6:00p.m. then led the public in the Pledge of Allegiance and Moment of Silence.

 

II.      ROLL CALL

Present were: Mayor Fred Waterman, Vice Mayor Michele Kern, Councilors Xavier Bedolla, Roy Delgado, Rick Monzon and Tensi Reed, City Manager BJ Cornwall, Attorney Fredda Bisman, City Engineer/Operations Director Chris Young, Interim Deputy Police Chief Ken Holmes, Fire Captain Juan Rodriquez, City Clerk Edith Hoover

 

III.      CONSENT AGENDA

 

1.   Consideration and action approving the second reading of Ordinance O05-11-16, adopting the codification of that certain document titled “Chapter 14, Water” of the City Code of the City of El Mirage.

 

2.      Consideration and action approving the second reading of Ordinance O05-11-17, adopting the codification of that certain document titled “Chapter 17, Graffiti” of the City Code of the City of El Mirage.

 

3.      Consideration and action approving Resolution R05-11-33 regarding declaring as a public record those documents amending Chapter 19, Section 19-18-1, Public Improvement Repayments; Definitions; Section 19-18-2, Public Improvement Repayments; Policy; Section 19-18-3, Public Improvement Repayments; Construction of Special Public Improvements; Section 19-18-4, Public Improvement Repayments; Authorization of Repayment Agreements; Section 19-18-5, Public Improvement Repayments; Repayment Agreements; Terms, Collections; and costs; Section 19-18-6, Public Improvement Repayments; Reimbursement Amounts Payable to City; Section 19-18-7, Public Improvement Repayments; Notice of Intention to Approve Special Public Improvements; and, Section 19-18-8, Public Improvement Repayments; Assessment Districts, Improvement Districts; General Obligation Bond Projects; Cost Apportionment and amending Section 19-11-7, Reimbursement Agreement of the City Code of the City of El Mirage.

 

4.      Consideration and action approving Ordinance O05-11-15, amending Chapter 19, Section 19-18-1, Public Improvement Repayments; Definitions; Section 19-18-2, Public Improvement Repayments; Policy; Section 19-18-3, Public Improvement Repayments; Construction of Special Public Improvements; Section 19-18-4, Public Improvement Repayments; Authorization of Repayment Agreements; Section 19-18-5, Public Improvement Repayments; Repayment Agreements; Terms, Collections; and costs; Section 19-18-6, Public Improvement Repayments; Reimbursement Amounts Payable to City; Section 19-18-7, Public Improvement Repayments; Notice of Intention to Approve Special Public Improvements; and, Section 19-18-8, Public Improvement Repayments; Assessment Districts, Improvement Districts; General Obligation Bond Projects; Cost Apportionment and amending Section 19-11-7, Reimbursement Agreement of the City Code of the City of El Mirage, and declaring an emergency.

 

Mayor announced items 3 & 4 are removed from the agenda.

Councilor Delgado made a motion to approve items 1 & 2; seconded by Councilor Monzon.

 

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

                        Nay:

                        Absent:

                        Motion:           Carried

 

IV.      MAYOR’S COMMENTS

 

Mayor Waterman reported he is happy to see a major retailer coming to El Mirage.  There will be more about this later in the meeting.

 

V.      REGULAR AGENDA

 

A.  Consideration and action regarding convening into public hearing on request by CLC Associates for site plan approval for Wal-Mart at 12900 W Thunderbird Rd. (NEC of Dysart and Thunderbird Roads)

 

Vice Mayor Kern made a motion to convene into public hearing; seconded by Councilor Reed.

 

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

                        Nay:

                        Absent:

                        Motion:           Carried

 

City Manager BJ Cornwall explained that this item was approved unanimously at the Planning and Zoning Commission meeting.  We are asking for one change which is the removal of stipulation number 3 because it is too ambiguous.  Mayor Waterman then called for public comments.  No one from the public made any comments.

 

B.  Consideration and action regarding closing the public hearing on request by CLC Associates for site plan approval for Wal-Mart at 12900 W Thunderbird Rd. (NEC of Dysart and Thunderbird Roads)

 

Councilor Delgado made a motion to close the public hearing; seconded by Councilor Monzon.

 

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

                        Nay:

                        Absent:

                        Motion:           Carried

 

C.  Consideration and action regarding request by CLC Associates for site plan approval for Wal-Mart at 12900 W Thunderbird Rd. (NEC of Dysart and Thunderbird Roads)

 

Vice Mayor Kern made a motion to approve a request by CLC Associates for a site plan for Wall-Mart at 12900 W. Thunderbird Road (Northeast corner of Dysart and Thunderbird Roads) with the removal of Stipulation No. 3.

 

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

                        Nay:

                        Absent:

                        Motion:           Carried

 

D.  Consideration and action regarding convening into public hearing to solicit citizen participation in the needs and priorities for funding under CDBG, HOME and other funding grants for fiscal year 2006/2007.

 

Councilor Delgado made a motion to convene into public hearing; seconded by Councilor Monzon.

 

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

                        Nay:

                        Absent:

                        Motion:           Carried

 

Leonard Rivera explained this item and its necessity for the City.  This is all part of the grant

Process.  No one from the public made any comments.

 

E.  Consideration and action regarding closing the public hearing to solicit citizen participation in the needs and priorities for funding under CDBG, HOME and other funding grants for fiscal year 2006/2007.

 

Vice Mayor Kern made a motion to close the public hearing; seconded by Councilor Reed.

 

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

                        Nay:

                        Absent:

                        Motion:           Carried

 

F.   Consideration and action regarding approval of Resolution R05-11-31, authorizing the City to submit applications to Maricopa County Community development for Community Development Block Grant Funds and execute awarded agreements.

 

Councilor Monzon made a motion to approve; seconded by Councilors Bedolla and Delgado.

 

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

                        Nay:

                        Absent:

                        Motion:           Carried

 

G.  Consideration and action regarding approval of Resolution R05-11-32, authorizing the City to submit applications to Maricopa County Community development for HOME Investment Partnerships Program Funds and execute awarded agreements.

 

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

 

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

                        Nay:

                        Absent:

                        Motion:           Carried

 

Vice Mayor Kern made a motion to move the Executive Session to the end of the agenda; seconded by Councilor Reed.

 

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

                        Nay:

                        Absent:

                        Motion:           Carried

 

VI.      COUNCIL SUMMARY OF CURRENT EVENTS

Councilor Monzon wanted to let the citizens know that St. Vincent de Paul is actively helping families within our City.

 

Councilor Delgado wanted to thank Wal-Mart for their support of the Arizona Game and Fish in other communities and he is looking forward to working with them here in El Mirage.

 

VII.      CITYMANAGER SUMMARY OF CURRENT EVENTS

We have a Wal-Mart super store.  There is now a history of NASA on Channel 11 thanks to Councilor Monzon.  The Census is complete, there were only 3 surveys not returned.  Special thanks to Executive Assistant JoAnne Garrett for all her hard work on the Census.  Thank you to the citizens of El Mirage for returning the surveys.  Happy Thanksgiving.

 

VIII.      CALL TO THE PUBLIC

Linda Kliner 12314 N 127th Ln.  2 months into the TAG program has taped taggers and made one arrest.  85 citizens have adopted walls.  She thanked BJ, Mayor and the Council.  She will be meeting with the City of Surprise so they may join the program.

Regular Minutes 11/21/05

Page 5 of 6

 

Doug Doede, Cactus Park HOA president.  Wanted to say thank you to the City for assisting them with their projects.

 

IX.      EXECUTIVE SESSION

Discussion concerning terms of Employment Agreement of City Manager pursuant to A.R.S. 38-431.03(A)(1).

 

Vice Mayor Kern made a motion to convene into Executive Session at 6:34p.m.; seconded by Councilor Reed.

 

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

                        Nay:

                        Absent:

                        Motion:           Carried

 

Vice Mayor Kern made a motion to close the Executive Session and convene into Regular Session at 6:50p.m.; seconded by Councilor Reed.

 

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

                        Nay:

                        Absent:

                        Motion:           Carried

 

X.      REGULAR SESSION

 

H.  Consideration and action approving Employment Agreement of William J. Cornwall, City Manager.

 

Vice Mayor Kern made a motion to approve the Employment Agreement of William J. Cornwall; seconded by Councilor Reed.

 

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

                        Nay:

                        Absent:

                        Motion:           Carried

 

 

Melissa Hill, Wal-mart representative thanked everyone involved in this project.  Wal-mart is very excited to be part of the community.

 

XI.      ADJOURNMENT

Vice Mayor Kern made a motion to adjourn at 6:54p.m.; seconded by Councilor Reed.

 

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

               Nay:

               Absent:

               Motion:        Carried