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REGULAR MEETING OF THE COMMON COUNCIL

OF THE CITY OF EL MIRAGE

EL MIRAGE ELEMENTARY SCHOOL

13500 N. EL MIRAGE ROAD

6:00 P.M., THURSDAY, JANUARY 12, 2006

 

Minutes

 

I.                        CALL TO ORDER:  The meeting was called to order by Mayor Fred Waterman at 6:00 P.M.  He led the public in the Pledge of Allegiance and Moment of Silence.

 

II.                        ROLL CALL:  Present were:   Mayor Fred Waterman, Vice Mayor Michele Kern, Councilman Xavier Bedolla, Councilman Roy Delgado, Councilman Rick Monzon, City Manager BJ Cornwall, Attorney Fredda Bisman, City Engineer Chris Young, Police Chief Brian Beamish, Acting Fire Chief Tom Christmas and City Clerk Edith Hoover.

 

III.                        CONSENT AGENDA

 

Consideration and action regarding the second reading of Ordinance No. O05-12-20, adopting the codification of that certain document titled “Chapter 11, Offenses” of the City Code.

 

Consideration and action regarding the second reading of Ordinance No. O05-12-21, adopting the codification of that certain document titled ‘Chapter 16, Sewer” of the City Code.

 

Consideration and action regarding the second reading of Ordinance No. O05-12-22, adopting the codification of that certain document titled “Chapter 20, Nuisance” of the City Code.

 

Consideration and action regarding Resolution No. R06-01-01, declaring as a public record that certain document titled “Chapter 18, Encroachments and Other Uses in the Public Right-Of-Way” of the City Code of the City of El Mirage.

 

Consideration and action regarding Ordinance No. O06-01-01, adopting the codification of Chapter 18, Encroachments And Other Uses in the Public right-Of-Way” of the City Code of the City of El Mirage.

 

Consideration and action regarding Resolution No. R06-01-02, declaring as a public record that certain document titled “Chapter 19, Off-Site Construction Improvement Requirements for Property Development” of the City Code of the City of El Mirage.

Consideration and action regarding Ordinance No. O06-01-02, adopting the codification of “Chapter 19, Off-Site Construction Improvement Requirements for Property Development” of the City Code of the City of El Mirage.

 

Consideration and action regarding approval of the minutes of the December 8th and December 22nd Council Meetings.

 

Vice Mayor Kern made a motion to approve all items as listed on the Consent Agenda; seconded by Councilman Monzon.

 

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

                        Nay:               

                        Absent:           Reed

                        Motion:           Carried

 

IV.                        MAYOR’S COMMENTS

 

Mayor Waterman welcomed the citizens in attendance.  He had no further comments.

 

V.                        REGULAR AGENDA

 

Consideration and action on request by Joel Simpson for conditional use for a 1,800 sq. ft. garage in R-43 at 12947 W. Desert Cove Rd. in the Dysart Ranchettes.

 

Mark Smith reported this is for an over-sized accessory building.  Because the house is not stucco, the applicant did not feel they should be required to stucco the accessory building.  It is a metal building painted brown and tan to match the house.  Planning and Zoning did approve this conditional use permit.

 

No comments were received from the public.

 

Vice Mayor Kern made a motion to approve the request by Joel Simpson for conditional use for a 1,800 sq. ft. garage in R-43 at 12947 W. Desert Cove Rd. in the Dysart Ranchettes; seconded by Councilman Delgado.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

Consideration and action on request by Declan Murphy of T-Mobile for conditional use for a telecommunications monopalm at Rancho El Mirage Plaza, 13915 N. Dysart Rd. (northeast corner of Dysart and Thunderbird Roads north of railroad tracks)

 

City Manager BJ Cornwall reported at the last meeting the City Manager was asked to contact WalMart, the Burlington Northern and other business nearby regarding their opinion on this project.  WalMart and the Burlington Northern Santa Fe Railroad and any of the other businesses located in the area have no problem with this project should the City Council approve this.  Planning and Zoning approved this project.

 

No comments were received from the Public.

 

Councilman Monzon made a motion to approve the request by Declan Murphy of T-Mobile for conditional use for a telecommunications monopalm at Rancho El Mirage Plaza, 13915 N. Dysart Road (northeast corner of Dysart and Thunderbird Roads north of railroad tracks); seconded by Councilman Delgado.

 

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

                        Nay:               

                        Absent:           Reed

                        Motion:           Carried

 

VI.                        COUNCIL SUMMARY OF CURRENT EVENTS

 

Councilman Delgado reported he had just attended the Maricopa County Library Board meeting in Scottsdale and he commended the El Mirage Library for the 68% increase in usage over the last year.  That included books and CDs.  The electronics part fell down a little bit but that was countywide.  We need to commend our Librarian and the workers at the Library.  We were one of the highest used facilities.

 

VII.                        CITY MANAGER SUMMARY OF CURRENT EVENTS

 

City Manager BJ Cornwall reported we are moving forward with the 24-hour payment program for the payment of water bills.  It should be in place within the next month or so.  It will be more user friendly.  Hours in the Water Dept. will be increased.  They will be opening earlier and closing later.  We are trying to be user friendly.  Mr. Cornwall reported the City provided Gentry Field for practice for the Bulldogs Football team.  This led to them to win second place.  Mr. Cornwall reported on the TAG Program.  There are more cameras up in various

areas of the City.  Several people have already been caught.  APS has agreed to allow the City to paint over tagging within 24 hours.  The Post Office is now removing graffiti in 48 hours instead of three weeks.   TAG has enlisted Surprise and Tolleson.  We have 65 people who have volunteered and adopted walls.  This program is working very well.  The Cities of El Mirage and Surprise joined together to put in for a grant for improvements to the intersection of Dysart Rd. and Peoria Ave. and last Thursday, we were the recipients of a grant for $446,000 to improve that intersection and put stop and go lights there.  We are also doing engineering to do the same at Dysart Rd. and Cactus Rd.

 

VIII.                        CALL TO THE PUBLIC

 

No public comments were received.

 

IX.                        EXECUTIVE SESSION

 

Discussion and consultation with the City’s attorney for legal advice concerning the filling of a vacancy on the City Council.  A.R.S. §38-431.03(A)(3)

 

Discussion and consultation for legal advice and to consider the City’s position and instruct its attorneys regarding pending litigation: APENLRC v. JP Morgan et al.  A.R.S. 38-431.03(A)(3) and (4).

 

Councilman Delgado made a motion to convene into Executive Session at 6:12 p.m.; seconded by Councilman Bedolla.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

Councilman Delgado made a motion to close the Executive Session and reconvene into Regular Session; seconded by Councilman Bedolla.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

X.                        REGULAR SESSION

 

Discussion and possible approval of partial settlement of lawsuit against JP Morgan et al. (arising out of losses incurred by Local Government Investment Pool).

 

Attorney Fredda Bisman reported this is a situation where the administrator of LGIP funds is being sued by a class action suit by municipalities, school districts, library systems, etc. in order to receive at least a small portion of the funding lost.

 

Vice Mayor Kern made a motion to approve the acceptance of a portion of the class action suit; seconded by Councilman Delgado.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried

 

XI.                        ADJOURNMENT

 

Councilman Delgado made a motion to adjourn at 6:47 p.m.; seconded by Councilman Monzon.

 

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

                        Nay:

                        Absent:           Reed

                        Motion:           Carried