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

September 16, 2008

6:00 p.m.

A meeting of the Flagstaff City Council was held on September 16, 2008 convening at 6:09 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: Regular Council Meeting of August 5, 2008.

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

Councilmember Haughey 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:  Holiday light display and décor.

RECOMMENDED ACTION:

Approve the bid extension with Christmas Light Decorators in an amount not to exceed $75,000.00

Rick Compau, Purchasing Director, briefly highlighted the proposed bid extension, stating that the Holiday Light Committee has reviewed and approved the expenditures.  The decorations will include City Hall, Wheeler Park, downtown north and south, Pulliam Airport, the Flagstaff Aquaplex, and the 4th Street corridor.  If the Council chooses to light the 50 ft. Christmas tree donated by Arizona Public Service, the decorations at Pulliam Airport, Flagstaff Aquaplex, and the 4th Street corridor will need to be eliminated.  This option is not included in the recommended action.  The City of Flagstaff does not have local preference laws in order to favor a local contractor.

Following discussion, it was decided it would be a greater benefit to the community to not light the 50 ft. Christmas tree in order to keep all the areas mentioned above.

Councilmembers in favor of holiday lighting and décor noted that:  (1) the decorations are purchased and are a good investment in the community; (2) holiday décor increases tourism dollars and encourages locals to shop in Flagstaff; (3) decorations and lights should be in festive colors; (4) visitors flying into Flagstaff will be pleasantly welcomed by the airport décor; and (5) the five-year project was previously approved in order to establish Flagstaff as Arizona’s Christmas capital.

Councilmembers opposed to the expenditure stated that:  (1) spending $75,000.00 on holiday décor is not in the best interest of the taxpayers; (2) neighborhood funded displays such as the Coconino Estates’ luminaries should be encouraged; and (3) funding parks and recreation programs would be a better use of the money and would eliminate the issue of how to honor other religious beliefs in the decorations.

Vice Mayor White moved to approve the recommended action, seconded by Councilmember Haughey.  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.

B.

Consideration of Annual Bid:  Commercial solid waste containers.

RECOMMENDED ACTION:

Approve the bids from Wastequip and from Rocky Mountain Welding and Fabrication at the unit prices outlined in the staff summary attachment.

Councilmember Overton moved to approve the recommended action.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

C.

Consideration of Bids:  Financing proposals for the purchase of a 2008 Type III Navistar 7400 Placer Model 34 Fire Engine.

RECOMMENDED ACTION:

Approve the bid from Koch Financial Corporation at 4.38% for financing not to exceed $448,084.31.

Councilmember Overton moved to approve the recommended action.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

D.

Consideration of Service Agreement:  Affordable Housing Restrictive Covenant.

RECOMMENDED ACTION:

Approve the agreement with Alta Sierra Investments, L.L.C., for ten condominium units restricted as permanently affordable in the Village at University Heights.

David McIntire, Permanent Affordability Administrator, noted that the project will add 10 additional units of permanently affordable housing to the City’s current 30 units.  The City will help to determine eligibility, manage the long-term affordability, and provide outreach through various avenues.  The City has flexibility through the covenant to outsource some of the responsibilities in the request for proposals process.

Mayor Presler asked that the language in recommended actions concerning affordable housing and land trust agreements provide more detailed information, particularly what flexibility the City has in outsourcing portions of the contract.

Vice Mayor White moved to approve the recommended action, seconded by Councilmember Brewster.  The vote was unanimous in favor.

E.

Consideration of Special Event Funding Requests:  Pride in the Pines and A New Perspective on Mars.

RECOMMENDED ACTION:

(1)

Approve funding to Northern Arizona Pride Association in the amount of $5,000.00 for Pride in the Pines; and

(2)

Deny the funding request of the United States Geological Survey for A New Perspective on Mars.

The funding request from the United States Geological Survey was withdrawn at the request of the applicant as they were unable to be present at the meeting.

Vice Mayor White moved to approve the funding request from the Northern Arizona Pride Association, seconded by Councilmember Evans.

Kathryn Jim, President of the Northern Arizona Pride Association, gave a brief history of the 13^th annual event in Flagstaff, which has grown to 4,000 participants.

Barbara Goodrich, Budget Manager, reported that the event meets the established criteria for special event funding.  The organization applied to the City instead of the Flagstaff Cultural partners because their funding was going to be substantially less than needed.  The annual event is the group’s main fundraising mechanism.

Elizabeth Neumayer, Community Enrichment Services Director, stated that staff has been working with the Pride Association for the past four years regarding the size of the event, the overuse of Wheeler Park, and possible alternative venues.

Willis Jensen, Flagstaff resident, spoke in opposition to the requests for event funding because they are not community-wide events open to the public.

Councilmembers discussed the need to find venues to accommodate large public events, noting that moving large events to Foxglenn Park or the Coconino County Fairgrounds would not be convenient for visitors who wish to walk to restaurants, lodging, and shopping.  Significant revenues are brought each year to the downtown businesses because of large events held at Wheeler Park. 

Council asked City Manager Burke to explore alternative venues, or to look into other options to address the large venue problem.

Vice Mayor White moved to approve the request from Pride in the Pines, seconded by Councilmember Evans.  The motion passed on majority vote with Mayor Presler, Vice Mayor White, and Councilmembers Brewster, Evans, Overton and Swanson in favor, and Councilmember Haughey opposed.

F.

Consideration of Grant Agreement:  Rio Well Native Plant and Xeriscape Public Education Demonstration Area.

RECOMMENDED ACTION:

Approve the grant agreement with the United States Bureau of Reclamation and authorize receipt of grant funds in the amount of $50,000.00.

Randy Pellatz, Utilities Director, briefly highlighted the project and the benefits to the community.  The demonstration area will include 76 native plants and is anticipated to be well visited by school groups and other educational programs.

Vice Mayor White moved to approve the recommended action.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

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 Resolution No. 2008-46:  A resolution approving a development agreement and waiver of claims for diminution in value for land use laws applicable to property located at 997 East Pine Knoll, Flagstaff, Arizona.

RECOMMENDED ACTION:

Read Resolution No. 2008-46 by title only.

Adopt Resolution No. 2008-46.

Councilmember Haughey moved to read Resolution No. 2008-46 by title only, seconded by Councilmember Overton.

Bob Caravona, Planning Development Manager, provided a brief history of the project, which was approved with conditions by the Development Review Board on July 3, 2008.  Housing affordability requirements include:  (1) a 50-year term; (2) 20% of the units to be rented as affordable for households earning no more than 80% area median income; and (3) the ability for an annual audit.

Mayor Presler requested that staff provide a brief written synopsis regarding the 50-year term element of the contract.

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

Resolution No. 2008-46

A resolution approving a development agreement and waiver of claims for diminution in value for land use laws applicable to property located at 997 East Pine Knoll, Flagstaff, Arizona.

Councilmember Haughey moved to adopt Resolution No. 2008-46.  The motion was seconded by Vice Mayor White and passed on unanimous vote.

B.

Consideration of Ordinance No. 2008-26:  An ordinance rezoning approximately 25.71 acres of land located at 997 E. Pine Knoll Drive from Rural Residential District (RR) to Medium Density Residential District (MR), Conditional.

RECOMMENDED ACTION:

Read Ordinance No. 2008-26 for the final time by title only.

Adopt Ordinance No. 2008-26.

Councilmember Haughey moved to read Ordinance No. 2008-26 for the final time by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

Ordinance No. 2008-26

An ordinance rezoning approximately 25.71 acres of land located at 997 E. Pine Knoll Drive from Rural Residential District (RR) to Medium Density Residential District (MR), Conditional.

Councilmember Haughey moved to adopt Ordinance No. 2008-26.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

C.

Consideration of Ordinance No. 2008-27:  An ordinance amending Title 1, Chapter 24, Section 1-24-001-0007, Settlement of Claims, by increasing City Manager settlement authority to $25,000.00.

RECOMMENDED ACTION:

Read Ordinance No. 2008-27 for the first time by title only.

Councilmember Haughey moved to read Ordinance No. 2008-27 for the first time by title only, seconded by Vice Mayor White. 

Debbie Jo Maust, Risk Manager, stated that historically, the City Manager’s authority for claim settlement has mirrored the City Manager’s authority for general spending.  This action would bring the current claim settlement authority to $25,000.00, which is half of the authority for general spending.  This amount coincides with the administrative trigger for involving the City’s insurance carrier.

Councilmembers discussed the benefit of certain efficiencies that would be gained with the higher settlement authority, as opposed to the critical input Council would have otherwise.  Council would like to continue receiving quarterly reports regarding claims paid.

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

Ordinance No. 2008-27

An ordinance amending Title 1, Chapter 24, Section 1-24-001-0007, Settlement of Claims, by increasing City Manager settlement authority to $25,000.00.

D.

Consideration of Resolution No. 2008-45:  A resolution approving amendments to the City Council’s Rules of Procedures.

RECOMMENDED ACTION:

Read Resolution No. 2008-45 by title only.

Adopt Resolution No. 2008-45.

City Manager Burke explained that the proposal to change Council’s meeting time to every Tuesday is intended to promote efficiencies in Council meetings.  Monday work sessions are not voting meetings and are not recorded with the same detail as action meetings; therefore, Monday’s discussion is not in the official Council meeting minutes.  Also, if all agenda items were to be discussed and televised on one night, it would be more time efficient and the viewing audience could see all staff presentations, public comment, and the Council’s vote.

City Attorney Boomsma reviewed the various proposed changes to the Council’s Rules of Procedures.

The amendments propose that Council meet every Tuesday, the first and third for Council meetings, and the second, fourth and fifth for work sessions and agenda review.  Agenda review would take place the Tuesday before the Council meeting. 

Council decided that it would like to hold a traveling meeting or community town hall when is a fifth Tuesday.

Executive Sessions would begin at 4:00 p.m., and Council meetings and work sessions would begin at 5:00 p.m.  Public Hearings would not take place until 5:30 p.m.  The proposal includes a summer break schedule beginning the fourth Tuesday in June, and resuming on the fourth Tuesday in July.

Councilmembers expressed their approval of utilizing Section 8 of the agenda to discuss an issue and determine the interest of Council to bring the item back on a voting Council Meeting for action. 

It was the will of the Council to amend the language in Rule 5.01 to reflect that the requesting Councilmember may specify in a memorandum what discussion, action, or options are proposed.

Jim Cronk, Planning and Development Manager, explained the proposed changes to Rule 10, Public Participation in council discussions, many of which were fostered by a citizen’s group.  Notably, one of the changes allows for a group of 10 or more citizens to appoint a representative who may have 15 minutes to speak on their behalf.

Rule 11 would be amended to state that a motion to reconsider shall require the affirmative vote of the majority of the members present at the reconsideration.  After a motion for reconsideration has once been acted on, no other motion for a reconsideration shall be made without the unanimous consent of all Councilmembers.

If approved, the new procedures will be effective on September 29, 2008.

Kimberly Ott, Public Information Officer, assured the Council that every resource available would be used to inform the public of the new Council meeting times and days.  The message to the public will include the reasons for the changes, which are efficiency, predictability, and accountability.

Stephen Knutson, Flagstaff resident, commented that during the two-hour discussion on the Council’s Rules and Procedures, the public was not given an opportunity to provide input.  He is concerned with the meetings beginning at 5:00 p.m., which makes it difficult for citizens to attend, and with copying charges, which makes it prohibitive to obtain information.

Councilmember Overton moved to read Resolution No. 2008-45 by title only as amended, and with the effective date of September 29, 2008.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

Title was read as follows:

Resolution No. 2008-45

A resolution approving amendments to the City Council’s Rules of Procedures.

Councilmember Overton moved to adopt Resolution No. 2008-45 as amended, seconded by Councilmember Brewster.  The motion passed on unanimous vote.

8.         COUNCIL DISCUSSION ITEMS

No items were submitted.

9.         PUBLIC PARTICIPATION

None.

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

Councilmember Evans announced that the Sunnyside and Southside neighborhoods received news that funding has been approved for the fourth year of their Weed and Seed strategies.

Councilmember Haughey reported that the Planning and Zoning Commission is concerned with the use of action minutes for their meetings, as the minutes do not always capture necessary details.  He stated that a presentation will be scheduled soon for a Council work session regarding the function and regulatory responsibilities of the Planning and Zoning Commission.

Mayor Presler asked that Section 8 items be scheduled for three issues: (1) to discuss strategies for the March 2009 National League of Cities and Towns Washington D.C. trip; (2) to discuss placing a photograph of the Council along with identification outside of the Council Chambers; and (3) to request the Beautification and Public Art Commission arrange for displays of public art in the Council Chambers.

Patricia Boomsma, City Attorney, related that she would be mailing the Council a copy of the City Employees’ Ethics Policy in response to a recent letter from John McCulloch.

11.       ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 9:46 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 September 16, 2008.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 7th day of January, 2009.

CITY CLERK