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NOTE:

IN ACCORDANCE WITH PROVISIONS OF THE ARIZONA REVISED STATUTES AND THE FLAGSTAFF CITY CHARTER THE SUMMARIZED MINUTES OF CITY COUNCIL MEETINGS ARE NOT VERBATIM TRANSCRIPTS.  ONLY THE ACTIONS TAKEN AND DISCUSSION APPEARING WITH QUOTATION MARKS ARE VERBATIM.  AUDIO RECORDINGS OF CITY COUNCIL MEETINGS ARE ON FILE IN THE CITY CLERK’S OFFICE.

 

 

SUMMARIZED MINUTES

COUNCIL MEETING

 

August 5, 2008

6:00 p.m.

 

A meeting of the Flagstaff City Council was held on August 5, 2008 convening at 6:07 p.m., in the Council Chambers at City Hall, 211 West Aspen Avenue, Flagstaff, Arizona.

 

CALL TO ORDER

 

The meeting was called to order by Mayor Presler.

 

1.      PLEDGE OF ALLEGIANCE, READING OF THE MISSION STATEMENT, AND INVOCATION

 

Mayor Presler asked those present to stand for the Pledge of Allegiance, the reading of the Mission Statement, and the Invocation.

 

2.      ROLL CALL

 

On roll call, the following were present:

 

 

Mayor Presler

 

Vice Mayor White

Councilmember Brewster

Councilmember Evans

Councilmember Haughey

Councilmember Overton

Councilmember Swanson

 

 

Also present were:

 

 

City Manager, Kevin Burke

City Attorney, Patricia Boomsma

 

3.       MINUTES

 

A.

Consideration of Minutes: Special Council Meetings of May 12, 2008 and June 17, 2008.

 

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

 

Councilmember Overton moved to approve the Minutes as submitted, seconded by Vice Mayor White.  The motion passed on unanimous vote.

 

4.        PUBLIC PARTICIPATION

 

None.

 

5.       CONSENT AGENDA

 

A.

Consideration of Extension of Annual Bid:  Cardlock fueling services.

 

 

RECOMMENDED ACTION:

Approve the third, one-year extension with Carter Oil Company at $.1195 per gallon over the OPIS price for unleaded and diesel fuel.

 

B.

Consideration of Joint Bid with Coconino County and the Flagstaff Unified School District:  Bulk fuel.

 

 

RECOMMENDED ACTION:

Approve the bid from Carter Oil Company in the amount of $480,000.00, plus tax and fuel surcharges.

 

C.

Consideration of Confirming Change Order No. 2:  Northern Arizona Science, Technology, and Clean Energy Center.

 

 

RECOMMENDED ACTION:

(1)

Approve Confirming Change Order No. 2 with Woodruff Construction, Inc., in the amount of $45,362.68, plus a 21-calendar day extension; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

D.

Consideration of Change Order No. 11:  Aspen Place at The Sawmill improvement district project.

 

 

RECOMMENDED ACTION:

Approve Change Order No. 11 with Pinnacle Grading and Heavy Equipment in an amount not to exceed $148,000.00.

 

E.

Consideration of Change Order No. 2:  Aspen Place at The Sawmill improvement district project.

 

 

RECOMMENDED ACTION:

Approve Change Order No. 2 with Pooled Resources in an amount not to exceed $1,710.00.

 

F.

Consideration of Renewal of Lease:  100 W. Birch.

 

 

RECOMMENDED ACTION:

Approve the 5-year lease renewal with JPMorgan Chase in the amount of $7,972.35 per month, plus a 3% annual adjustment.

 

G.

Consideration of Grant Agreement:  Flagstaff Pulliam Airport runway extension and terminal security enhancements projects.

 

 

RECOMMENDED ACTION:

Approve the grant agreement with the U.S. Department of Transportation, Federal Aviation Administration, and acceptance of grant funds in the amount of $1,258,394.00.

 

H.

Consideration of Construction Manager-at-Risk Contract:  Flagstaff Pulliam Airport Masterplan improvements, airport terminal enhancements, and terminal security enhancements project.

 

 

RECOMMENDED ACTION:

(1)

Approve the Construction-Manager-at-Risk contract with Loven Contracting, Inc., for a guaranteed maximum price in an amount not to exceed $1,160,625.28, which includes a contract allowance in the amount of $40,000.00 for potential costs associated with unanticipated or additional items of work;

 

 

(2)

Authorize the City Manager to execute the necessary documents; and

 

 

(3)

Approve change order authority in the amount of
$58,031.26 (5%) to cover potential costs associated with unanticipated or additional items of work.

 

I.

Consideration of Grant Application and Acceptance of Grant Award:  2008 Edward Byrne Memorial Justice Assistance Grant.

 

 

RECOMMENDED ACTION:

Approve the submission of a grant application to the U.S. Department of Justice and authorize acceptance of grant funds in the amount of $16,765.00.

 

J.

Consideration of Intergovernmental Agreement:  2008 Byrne Justice Assistance Grant program.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County.

 

K.

Consideration of Intergovernmental Agreement:  StatewideTerrorism Office program.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the State of Arizona, Department of Public Safety.

 

L.

Consideration of PC SUB 2008-08:  A request for preliminary plat approval by Ron Kohner for Camryn Pines, a 123-lots, single-family, residential subdivision on 59.1 acres located at 4501 South Beulah Boulevard in the R1, Residential zoning district.

 

 

RECOMMENDED ACTION:

The Planning and Zoning Commission recommends approving the tentative plat with the conditions outlined in the staff summary attachment.

 

M.

Consideration of PC SUB 2008-002:  A request for final plat approval by Trade Winds LLC for the West End Condominiums, a 34-unit business condominium subdivision on a 2.53-acre parcel located at 1600 West University Drive in the LI, Light Industrial zoning district.

 

 

RECOMMENDED ACTION:

Approve the final plat.

 

N.

Consideration of Special Event Funding Requests:  A Right to Care, Flagstaff Bed Races and Parade of Bands, and Flagstaff Oktoberfest.

 

 

RECOMMENDED ACTION:

(1)

Approve the funding requests from the Marine League Charities for Flagstaff Oktoberfest in the amount of $5,000.00 and Flagstaff Bed Races and Parade of Bands in the amount of $1,000.00; and

 

 

(2)

Deny the request of the Coconino County Health Department for A Right to Care.

 

Councilmember Haughey moved to approve the Consent Agenda with the exception of Items 5B, 5F, 5L and 5N.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

Returning to Item 5B, Vice Mayor White moved to approve the recommended action and to correct the purchase amount to $680,000.00, plus tax and fuel surcharges.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

Returning to Item 5F, Vice Mayor White moved to approve the recommended action, seconded by Councilmember Swanson.

 

Councilmembers commented that once the facilities study is completed, along with an inventory of all the City’s assets, the best use of those assets can be evaluated with the goal of seeing less long-term leases in the future.

 

The motion passed on majority vote with Mayor Presler, Vice Mayor White and Councilmembers Brewster, Evans, Haughey and Swanson in favor, and Councilmember Overton opposed.

 

Returning to Item 5L, Councilmember Overton moved to approve the recommended action, seconded by Councilmember Haughey.

 

Stephen Knutson, Flagstaff resident, stated that the City goes against its own mission statement every time it approves a project that is not sustainable or energy producing.

 

Victoria Endres, Mountain Dell resident, living downhill from the proposed subdivision, explained that during the last nearby City project she was assured that the development would not add to the neighborhood’s flooding and stormwater problems.  This turned out to be untrue.  She is unhappy about the light pollution that the City imposes on Mountain Dell residents, and requested that the City work with the County to provide a safe entrance into the Mountain Dell community.

 

The motion to approve passed on unanimous vote.

 

Council returned to Item 5N with a motion from Vice Mayor White to approve the recommended action, seconded by Councilmember Haughey.

 

Jim Wine, Deputy City Manager, reported that staff recommends denying the funding request from A Right to Care as the event already receives City dollars through both the Flagstaff Cultural Partners and the United Way programs.

 

Councilmember Swanson moved to amend the motion to include funding for the A Right to Care event.  The motion was seconded by Mayor Presler.  Later in the discussion, Councilmember Swanson clarified his motion as funding the A Right to Care event at $1,000.00.  Mayor Presler agreed to continue her second of the motion.

 

Councilmembers favoring the amended motion did so because:

 

 

The event will increase awareness of the important issue of health disparities in the community and provide an opportunity to celebrate the community’s diversity.

 

Organizers of the event are bringing in a nationally recognized keynote speaker.

 

The allocation supports the mission of the community and the Council, specifically in the areas of public health, housing, jobs, and education.

 

The event is free to the public.

 

Funding the event at $1,000.00 will be less of a “double taxation” because it does not equal the level of support from the County Health Department or the Board of Supervisors.

 

Councilmembers cited the following reasons to oppose the amendment:

 

 

The City depends on the United Way and Cultural Partners to sift through the many requests for funds and fairly weigh each one against the merits of all other requests.

 

Providing additional funding to an agency that is already being funded through the United Way and/or Flagstaff Cultural Partners sends a mixed message and opens the door for other groups to make the same request.

 

Until Council votes to change the current policy, the rules governing special event funding should be honored with consistency, which provides a level playing field for all applicants.

 

The special event funds are limited and intended to lend a hand to small community events that don’t meet the criteria of either the Flagstaff Cultural Partners or United Way.

 

Jim Wine clarified that A Right to Care did not receive funding from Flagstaff Cultural Partners.  The special event funding policy states that if an event is funded by either Flagstaff Cultural Partners or the United Way (City dollars, not community dollars), they are not eligible for City special event funding.

 

Councilmembers requested that a time be scheduled to revisit the current special event funding policy, and to be provided with a cost estimate for a July 4, 2009 fireworks display.

 

The motion to amend passed on majority roll-call vote as follows:

 

 

Mayor Presler

Aye

 

Vice Mayor White

Aye

 

Councilmember Brewster

Nay

 

Councilmember Evans

Aye

 

Councilmember Haughey

Nay

 

Councilmember Overton

Nay

 

Councilmember Swanson

Aye

 

At the request of Councilmember Overton, the main motion was split into two portions.

 

Vice Mayor White moved to recommend funding to the Marine League Charities for the Bed Race and Parade of Bands in the amount of $1,000.00, and funding to the Flagstaff Oktoberfest in the amount of $5,000.00  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

With the consensus of Council, the underlying main motion to approve the recommended action was removed from the table.

 

Councilmember Swanson moved to approve the request from a Right to Care in the amount of $1,000.00.  Councilmember Evans seconded the motion.  The motion passed on majority roll-call vote as follows:

 

 

Mayor Presler

Aye

 

Vice Mayor White

Aye

 

Councilmember Brewster

Nay

 

Councilmember Evans

Aye

 

Councilmember Haughey

Nay

 

Councilmember Overton

Nay

 

Councilmember Swanson

Aye

 

6.      PUBLIC HEARING ITEMS (Public Hearing Items Will Not be Heard Prior to 6:00 p.m.)

 

(No items were submitted.)

 

7.      REGULAR AGENDA

 

A.

Consideration of Applicants for Appointments:  Youth Commission.  [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).  The names of the applicants may be obtained by contacting the City Clerk.]

 

 

RECOMMENDED ACTION:

Make 13 appointments to terms expiring June, 2009.

 

Mayor Presler moved to appoint Forrest Bousquet, Rebeca Hays, Ruth Hays, Natalie Lucas, Nicole Lucas, Levi Roberts and Jennifer Sechrist to regular terms expiring June 30, 2009, seconded Councilmember Overton.

 

Mayor Presler and Councilmember Evans expressed their desire to see youth participants recruited from under represented and diverse areas of the City, and stated their willingness to help in the recruitment process.

 

The motion passed on unanimous vote.

 

B.

Consideration of Ordinance No. 2008-18:  An ordinance amending and supplementing Title 3, Business Regulations, Chapter 3-02, Pawnbrokers, Secondhand and Junk Dealers.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-18 for the first time by title only.

 

Vice Mayor White moved to read Ordinance No. 2008-18 for the first time by title only, seconded by Councilmember Haughey.

 

Individuals speaking against the ordinance included:

 

 

Trish Hart, Phoenix resident and lobbyist

 

Greg Geile, pawn shop owner and Arizona Pawn Shop Association board member

 

Lorraine Jensen, representing a local pawn shop

 

Those opposed to the ordinance stated their reasons below:

 

 

The proposed tax is unnecessary and will be shouldered by those in the community least able to pay.

 

There is no proof that pawn taxes impact the problems associated with the pawning of stolen property.

 

It is a misconception that pawn shops are a hot bed for stolen merchandise; nationally, only 1% of pawned items turn out to be stolen property.

 

If pawn shop owners were to absorb the new tax, it would cost them approximately $12,000.00 per store, per year.

 

An annual City licensing fee for pawn shops, secondhand jewelry stores, precious metal dealers, etc. would cover the cost of a dedicated police officer, and would not be passed on to the customer.

 

Councilmembers noted that:  (1) victims of crime will see a greater return on stolen personal property with the passing of the ordinance; (2) Flagstaff has plenty of cases where stolen property ends up in a pawn shop; (3) the overall community benefit outweighs the cost; (4) a designated officer will actually bring about positive outcomes for pawn shops; and (5) the outcome of the program will be measured in order to weigh its success.

 

Police Chief Brent Cooper commented that the Police Department has not been able to devote the staff time that is necessary to locate the majority of stolen property that is being pawned.  He believes that the percentage of pawned items that turn out to be stolen is much higher than the 1% quoted by the Arizona Pawn Shop Association representative.  Cities in Arizona that have implemented pawn fees are finding it very difficult to measure the success of their programs due to the drastic population increases being experienced in the southwest.  Peoria’s population, for example, has tripled since beginning their program; and, because the crime rate increases accordingly with the population, it is impossible to measure its success.

 

The motion to approve passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2008-18

 

 

 

An ordinance amending and supplementing Title 3, Business Regulations, Chapter 3-02, Pawnbrokers, Secondhand and Junk Dealers.

 

 

C.

Consideration of Ordinance No. 2008-23:  An ordinance providing for the organization, conduct, and operation of the several offices and departments of the City, for the creation of additional departments, divisions, offices, and agencies, and for their consolidation, alteration, or abolition, amending Chapter 1, Section 1-18 of the City Code to conform to these changes, directing the City Clerk to conform the Flagstaff City Code to these changes, and declaring an emergency.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-23 for the final time by title only.

Adopt Ordinance No. 2008-23.

 

Councilmember Overton moved to read Ordinance No. 2008-23 for the final time by title only.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2008-23

 

 

 

An ordinance providing for the organization, conduct, and operation of the several offices and departments of the City, for the creation of additional departments, divisions, offices, and agencies, and for their consolidation, alteration, or abolition, amending Chapter 1, Section 1-18 of the City Code to conform to these changes, directing the City Clerk to conform the Flagstaff City Code to these changes, and declaring an emergency.

 

 

Councilmember Overton moved to adopt Ordinance No. 2008-23.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

D.

Consideration of Resolution No. 2008-34:  A resolution of the City Council of the City of Flagstaff authorizing signatures for checks and payment vouchers.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-34 by title only.

Adopt Resolution No. 2008-34.

 

Councilmember Haughey moved to read Resolution No. 2008-34 by title only, seconded by Councilmember Evans.  The motion passed on unanimous and title was read as follows:

 

 

Resolution No. 2008-34

 

 

 

A resolution of the City Council of the City of Flagstaff authorizing signatures for checks and payment vouchers.

 

 

Councilmember Haughey moved to adopt Resolution No. 2008-34.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

8.       COUNCIL DISCUSSION ITEMS

 

A.

Consideration of Petition:  Equality Arizona civil rights ordinance.

 

 

RECOMMENDED ACTION:

(1)

Table the action to allow time to gather additional information;

 

 

(2)

Approve all or part of the petitioners’ request;

 

 

(3)

Deny the petitioners’ request; and/or

 

 

(4)

Vote to take no action.

 

WITHDRAWN.

 

9.         INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF,             REQUESTS FOR FUTURE AGENDA ITEMS

 

10.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 7:23 p.m.

 

                                                                         

MAYOR

 

ATTEST:

                                                                           

CITY CLERK

 

 

 

CERTIFICATION

 

STATE OF ARIZONA,

 

Coconino County.

)

)

)

 

 

ss.

I, MARGIE BROWN, do hereby certify that I am the City Clerk of the City of Flagstaff, County of Coconino, State of Arizona, and that the above Minutes are a true and correct summary of the Meeting of the Council of the City of Flagstaff held on August 5, 2008.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 3rd day of September, 2008.

 

                                                                           

CITY CLERK