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REGULAR MEETING OF THE COMMON COUNCIL

OF THE CITY OF EL MIRAGE

EL MIRAGE ELEMENTARY SCHOOL

12308 W. THUNDERBIRD ROAD, EL MIRAGE

6:00 P.M. – THURSDAY – JANUARY 22, 2004

 

Minutes

 

CALL TO ORDER:  Mayor Robert Robles called the meeting to order at 6:05 P.M.  Council led the public in the Pledge of Allegiance and Councilmember Cutright presented the Opening Prayer.

 

ROLL CALL:  Present were:  Mayor Robert Robles, Vice Mayor Norma Valdez, Councilmembers Bruce Baker, Alice Ortiz (Late), Tensi Reed, Almond Cutright, Jr., and Michele Kern and City Manager B. J. Cornwall, Attorney Fredda Bisman, Public Works Director Don Wilcox, Police Chief Dick Yost, Fire Chief Roy Levenda, Finance Director Diana Betancourt, Community Services Director Ramon Leon and City Clerk Edith Hoover.

 

CONSENT AGENDA:

 

Consideration and action regarding Council minutes of the Special Meetings of December 30, 2003 and January 6, 2004.

 

Consideration and possible adoption of Resolution R04-01-05, authorizing the sale and issuance to the Greater Arizona Development Authority of the City of El Mirage, Arizona General Obligation Bonds (Projects of 2003), Series A (2004), in the total Aggregate Principal Amount of not to exceed $5,000,000; approving and authorizing the execution and delivery of a continuing disclosure undertaking with respect thereto; delegating to the City Manager of the City the authority to designate the final principal amount, maturities, interest rates and other matters with respect to the bonds and declaring an emergency.

 

Councilmember Baker made a motion to approve all items listed on the Consent Agenda; seconded by Councilmember Reed.

 

VOTE:            Yea:                Baker, Reed, Valdez, Cutright, Kern and Robles

                        Nay:               

                        Absent:           Ortiz

                        Motion:           Carried

 

MAYOR’S SUMMARY OF CURRENT EVENTS:

 

Mayor Robles reported City Manager BJ Cornwall would be giving the presentation.

 

REGULAR AGENDA:

 

Presentation of awards to the Arizona Department of Public Safety Explorer POST 43, Desert Sun Towing and Koppy’s Body Shop for their support of El Mirage’s Police Department Explorer POST.

 

Police Chief Dick Yost reported the City of El Mirage’s Explorer program has a membership of 15-20.  This program has great volunteers and the Explorer’s themselves purchased the crystal awards that are being presented.  Awards were given to the Arizona Department of Public Safety Explorer POST 43, Koppy’s Body Shop and Desert Sun Towing for their support.

 

Consideration and action regarding the award of a Consulting Services Contract for Professional Services toward completion of a Utilities Rate Study to include recommendations towards revised water, sewer, irrigation, re-use and administrative rates and fees.

 

Finance Director Diana Betancourt reported this bid award is for the construction of a water rate study.  This bid has been presented two times and had two bids on the second bid.  Staff recommends approval of the award of the bid to Black and Veatch Corporation based upon competitive sealed bids received and having submitted the lowest responsible bid. 

 

Councilmember Kern made a motion to approve the award of bid for the Utility Rate Study to Black and Veatch Corporation for not-to-exceed $49,900; seconded by Councilmember Reed.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Cutright, Kern and Robles

                        Nay:

                        Motion:           Carried

 

Consideration and action regarding Resolution No. R04-01-06, declaring that the Council deems the granting of an electric franchise to Arizona Public Service Company beneficial for the City of El Mirage; that on the 18th day of May, 2004, there shall be submitted to the voters of the City the question as to whether or not the franchise shall be granted; providing for the giving of notice and that all qualified voters of the City shall be entitled to vote at said election, and prescribing the form of ballot

 

Finance Director Diana Betancourt reported staff recommends approval to allow the City to enter into a franchise agreement with Arizona Public Service.  This agreement will be published 30 days prior to the election and appear on the General Election Ballot on May 18, 2004.

 

Councilmember Reed made a motion to approve Resolution No. R04-01-06, declaring that the Council deems the granting of an electric franchise to Arizona Public Service Company beneficial for the City of El Mirage; that on the 18th day of May, 2004, there shall be submitted to the voters of the City the question as to whether or not the franchise shall be granted; providing for the giving of notice and that all qualified voters of the City shall be entitled to vote at said election, and prescribing the form of ballot seconded by Councilmember Ortiz.

 

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Cutright, Kern and Robles

                        Nay:

                        Motion:           Carried

 

Consideration and action regarding Resolution No. R04-01-07, declaring that the Council deems the granting of an gas franchise to Southwest Gas Corporation for the purpose of constructing, maintaining and operating its gas system upon, over, along across and under the public right of way, beneficial for the City of El Mirage; that on the 18th day of May, 2004, there shall be submitted to the voters of the City the question as to whether or not the franchise shall be granted; providing for the giving of notice and that all qualified voters of the City shall be entitled to vote at said election, and prescribing the form of ballot.

 

Finance Director Diana Betancourt reported this is the same option only for Southwest Gas Corporation.  This Franchise Agreement will also be on the General Election Ballot on May 18, 2004.

 

Councilmember Reed made a motion to approve Resolution No. R04-01-07, declaring that the Council deems the granting of a gas franchise to Southwest Gas Corporation for the purpose of constructing, maintaining and operating its gas system upon, over, along, across and under the public right of way, beneficial for the City of El Mirage; that on the 18th day of May, 2004, there shall be submitted to the voters of the City the question as to whether or not the franchise shall be granted; providing for the giving of notice and that all qualified voters of the City shall be entitled to vote at said election, and prescribing the form of the ballot; seconded by Councilmember Ortiz.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Cutright, Kern and Robles

                        Nay:

                        Motion:           Carried

 

COUNCIL SUMMARY OF CURRENT EVENTS:

 

Councilmember Baker reported he is at the legislature every day during session and he showed a pile of bills he received this week.  This year the federal funds are to provide funding for Police Departments.  However, the State wants to keep those funds for the general fund instead of sending them on to the municipalities.   It is important we keep on top of these bills and participate as necessary.

 

Councilmember Cutright reported he was very pleased to see Mayor Robles, Former Mayor Delgado, Police Chief Yost and Councilmember Kern at the Martin Luther King Breakfast.  He thanked all those who attended themselves instead of sending someone from their office.  It showed dedication.

 

CITY MANAGER SUMMARY OF CURRENT EVENTS:

 

City Manager BJ Cornwall reported the Downtown Street Light Program will be done by June; the GADA resolution approved this evening will provide street improvements to Olive Avenue and the Dysart and Thunderbird Roads intersection; the City has received another street sweeper through a grant; the website will be up tomorrow.  IT Manager Pat Timlin presented the new website and invited everyone to come up after the meeting and run through the program.  Manager Cornwall thanked Pat Timlin and JoAnne Garrett for all their hard work to put this website together.  He also thanked Irma Rojas and Diana Betancourt for their hard work on the bond issue.

 

CALL TO THE PUBLIC:

 

Roy Delgado, 11204 N. 125th Avenue, reported El Mirage has the highest rates to irrigate.  His monthly bills are $90.00 or more every month.  Some Arizona chapters pay $90.00 a year.  He asked Council to please keep in line with the rest of the state.

 

PUBLIC ANNOUNCEMENTS:

 

No Public Announcements were made.

 

EXECUTIVE SESSION:

 

Discussion to consider the City’s position and instruct its attorneys regarding pending litigation: Alder v. City.  The discussion may include the settlement or partial settlement of the matters at issue in the litigation.  A.R.S §38-431.03.A.4.

 

Mayor Robles reported there would be no Executive Session and Council would move to the next Regular Agenda Item.

 

REGULAR SESSION:

 

Consideration and possible approval of settlement agreement settling litigation between Alder Construction Co. and the City of El Mirage.  CV2002-012538

 

City Attorney Fredda Bisman reported this litigation originally requested $260,000 and is being settled for $30,000.

 

Councilmember Kern made a motion to approve a settlement agreement with Alder Construction Co. for $30,000; seconded by Councilmember Ortiz.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Cutright, Kern and Robles

                        Nay:

                        Motion:           Carried

 

ADJOURNMENT:

 

Councilmember Reed made a motion to adjourn at 6:25 p.m.; seconded by Councilmember Baker.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Cutright, Kern and Robles

                        Nay:

                        Motion:           Carried

 

 

                                                                                    ________________________________

                                                                                    Robert Robles, Mayor

 

ATTEST:                                                       

 

 

________________________________

Edith W. Hoover, CMC, City Clerk

 

I hereby certify the foregoing minutes are a true and accurate record of the Regular Council Meeting held on January 22, 2004 and a quorum was present.

 

                                                                                  ________________________________

                                                                                    Edith W. Hoover, CMC, City Clerk