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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

 

October 7, 2008

5:00 p.m.

 

A meeting of the Flagstaff City Council was held on October 7, 2008 convening at 5:27 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 18, 2008.

 

RECOMMENDED ACTION: Approve the minutes as submitted/corrected.

 

Councilmember Overton moved to approve the minutes as submitted, seconded by Councilmember Evans.  The vote was unanimous in favor.

 

4.        PUBLIC PARTICIPATION

 

Roger Eastman, President of the Toast of the Mountain Toastmasters Club, highlighted the growth and success of the club and introduced their officers.

 

Roberta Schol, Flagstaff resident, expressed concern about the City?s policy of burning slash piles and the accompanying smoke.  She encouraged giving the cleared wood to citizens in need of winter fuel and to wood chip the rest.  Ms. Schol was referred to Fire Chief Iacona for further discussion.

 

5.       CONSENT AGENDA

 

A.

Consideration of Sole Source Purchase:  Additional equipment, software, and IT support for the Police Department?s records management information database.

 

 

RECOMMENDED ACTION:

Approve the sole source purchase from Intergraph Public Safety in the amount $116,437.00.

 

B.

Consideration of Purchase under the Arizona State Contract:  Personal computers, laptops, and related equipment.

 

 

RECOMMENDED ACTION:

Authorize use of the Arizona State Contract for the purchases of computer equipment in an amount not to exceed $200,000.00.

 

C.

Consideration of Service Agreement:  Information technology enterprise services.

 

 

RECOMMENDED ACTION:

Approve the enterprise agreement with Microsoft Corporation in the amount of $170,250.00 per year for three years.

 

D.

Consideration of Service Agreements:  On-call legal services.

 

 

RECOMMENDED ACTION:

Approve the service agreements with Ayers & Brown, P.C.; Gammage & Burnham, P.L.L.C.; Jones, Skelton & Hochuli, P.L.C.; Littler Mendelson, P.C.; Mangum, Wall, Stoops & Warden, P.L.L.C.; Mariscal, Weeks, McIntyre & Friedlander, P.A.; Moyes, Sellers & Sims, LTD, in an amount not to exceed $250,000.00.

 

E.

Consideration of Special Event Funding Request:  A New Perspective on Mars.

 

 

RECOMMENDED ACTION:

Deny the request.

 

F.

Consideration of Service Agreement:  FY09 FACTS community-wide after-school program and the Coconino Coalition for Children and Youth.

 

 

RECOMMENDED ACTION:

Approve the agreement with the Coconino Coalition for Children and Youth and the Flagstaff Unified School District in the amount of $364,420.00 for the FACTS after-school program and $25,000.00 for the Coconino Coalition for Children and Youth.

 

G.

Consideration of Intergovernmental Agreement:  School resource officer at Coconino High School.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the Flagstaff Unified School District for a school resource officer funded through an Arizona Department of Education, School Safety Program grant.

 

Vice Mayor White moved to approve the Consent Agenda with the exception of Items 5E and 5G.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

Returning to Item 5E, Councilmember Evans remarked that she would like for the Council to reconsider funding part or all of the monies requested by Lowell Observatory for A New Perspective on Mars.

 

Dr. Mary Chapman, United States Geological Survey, highlighted the world-traveled science exhibition and the educational benefits the program will bring to the Flagstaff community.  The exhibit has wide community appeal, is free to the public on opening night, and will bring many tourists and outside associations to the City.  Flagstaff is the only city west of the Mississippi being offered the exhibit.  Lowell Observatory will be covering $17,000.00 of the cost, and is requesting $5,000.00 from the City of Flagstaff.

 

During discussion Council noted:  (1) schools would have to pay for students to attend; (2) the tourism benefit is significant; (3) the free opening night exhibit will allow anyone in the community to attend; and (4) the event will be of cultural, educational, and community importance.

 

Mayor Presler moved to support A New Perspective on Mars in the amount of $2,500.00.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

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

 

Police Chief Brent Cooper briefly explained that the Flagstaff Unified School District was awarded a grant to fund a school resource officer for Coconino High School.  Flagstaff Unified School District specifically requested retired police sergeant Ed Vesely because of his long history with Coconino High School?s administrators and students.

 

The motion to approve 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 Applicants for Appointments:  Airport 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 two appointments to terms expiring October, 2011.

Councilmember Haughey moved to appoint Victoria Coleman and John Keegan to terms expiring October, 2011.  The motion was seconded by Vice Mayor White and passed on unanimous vote.

 

B.

Consideration of Sole Source Purchase:  Wayside horn assembly equipment for the Steves Boulevard and Fanning Drive railroad crossings.

 

 

RECOMMENDED ACTION:

Approve the sole source purchase from Railroad Controls Limited in the amount of $72,783.92, plus applicable taxes.

 

Councilmember Haughey moved to approve the recommended action, seconded by Councilmember Brewster.

 

Randy Whitaker, Project Manager, commented that staff is pre-purchasing the horns so that, when the subsequent three agreements are approved and executed, the project can be completed quickly.

 

The motion to approve passed on unanimous vote.

 

C.

Consideration of Resolution No. 2008-54:  A resolution of the Mayor and Council of the City of Flagstaff, Arizona, approving the issuance by the Industrial Development Authority of the County of Yavapai of its Hospital Revenue Bonds (Northern Arizona Healthcare System) Series 2008B in an aggregate principal amount not to exceed $55,000,000 to assist Flagstaff Medical Center, Inc. in financing improvements to its hospital and support facilities located in Flagstaff, Arizona.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-54 by title only.

Adopt Resolution No. 2008-54.

 

Barbara Goodrich, Finance Manager, stated that providing this administrative service to the City?s partners will not financially impact the City.

 

Councilmember Swanson moved to read Resolution No. 2008-54 by title only, seconded by Vice Mayor White.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2008-54

 

 

 

A resolution of the Mayor and Council of the City of Flagstaff, Arizona, approving the issuance by the Industrial Development Authority of the County of Yavapai of its Hospital Revenue Bonds (Northern Arizona Healthcare System) Series 2008B in an aggregate principal amount not to exceed $55,000,000 to assist Flagstaff Medical Center, Inc. in financing improvements to its hospital and support facilities located in Flagstaff, Arizona.

 

 

Councilmember Haughey moved to adopt Resolution No. 2008-54.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

 

D.

Consideration of Ordinance No. 2008-29:  An ordinance of the Flagstaff City Council authorizing the sale of certain real property located at 4800 East Railhead Avenue, 3200 West Mountain Drive, and 400 South Malpais Lane.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-29 for the first time by title only.

 

Councilmember Overton moved to read Ordinance No. 2008-29 for the first time by title only, seconded by Vice Mayor White.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2008-29

 

 

 

An ordinance of the Flagstaff City Council authorizing the sale of certain real property located at 4800 East Railhead Avenue, 3200 West Mountain Drive, and 400 South Malpais Lane.

 

 

At the completion of Item 7E, Councilmember Overton moved to reopen discussion on 7D.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

Councilmember Evans and Vice Mayor White reported that residents of Plaza Vieja are very troubled about the sale of the fire station on Malpais Lane, and are particularly concerned about the buyer and its eventual use.  They had hoped to use it as a community center.

 

Vice Mayor White requested that staff consider what property could be utilized as a community center in Plaza Vieja.

 

City Manager Burke conveyed that the sale of the fire station will not move forward until the completion of Fire Station No. 2, which will be at least a year or two.  The request for proposals will have a public process element.

 

E.

Consideration of Resolution No. 2008-48:  A resolution authorizing the submission of a grant application for an Arizona Transportation Enhancement Program grant for the Woodlands Village and Beulah Boulevard streetscape project.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-48 by title only.

Adopt Resolution No. 2008-48.

 

Councilmember Swanson moved to read Resolution No. 2008-48 by title only, seconded by Vice Mayor White.

 

Karl Eberhard, Community Design Manager, confirmed that the program will be implemented according to Northern Arizona Xeriscape standards.

 

Council concern was expressed regarding the matching funds that would be required if the grant is awarded, and that the best use of dollars is applied to this project.

 

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

 

 

Resolution No. 2008-48

 

 

 

A resolution authorizing the submission of a grant application for an Arizona Transportation Enhancement Program grant for the Woodlands Village and Beulah Boulevard streetscape project.

 

 

Councilmember Swanson moved to adopt Resolution No. 2008-48.  The motion was seconded by Vice Mayor White and passed on unanimous vote.

 

F.

Consideration of Resolution No. 2008-49:  A resolution approving an intergovernmental agreement between the State of Arizona and the City of Flagstaff authorizing the State to perform inspections of city owned or controlled bridges in accordance with National Bridge Inspection Standards.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-49 by title only.

Adopt Resolution No. 2008-49.

 

Councilmember Haughey moved to read Resolution No. 2008-49 by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2008-49

 

 

 

A resolution approving an intergovernmental agreement between the State of Arizona and the City of Flagstaff authorizing the State to perform inspections of city owned or controlled bridges in accordance with National Bridge Inspection Standards.

 

 

Councilmember Haughey moved to adopt Resolution No. 2008-49.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

G.

Consideration of Resolution No. 2008-52:  A resolution declaring that the required conditions set forth in Section 7-04-001-0009(H)(1) of the Flagstaff City Code, Environmental Maintenance Facility Fee, have been met; and renewing the $2.50 per ton fee.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-52 by title only.

Adopt Resolution No. 2008-52.

 

Vice Mayor White moved to read Resolution No. 2008-52 by title only, seconded by Councilmember Evans.

 

Ben Fisk, Interim Deputy City Manager, explained that the ordinance will establish a fund for environmental services? proportionate share of a new public works maintenance facility.  A new maintenance facility did not pass the prioritization committee for the 2004 bond election, so alternative revenue sources are being considered.  Environmental services is an enterprise fund wholly funded by user fees.  Their portion of the new facility is anticipated to be 30,000 to 40,000 square feet.

 

Staff is requesting the continuance of the $2.50 per ton fee for a one-year period.  At that time, Council will be presented with a specific site for the facility, a conceptual site plan, and the preliminary cost estimate.

 

The Council observed that:  (1) collecting fees to bank ahead for a facility that has no location, site plan, or cost estimate is not appropriate; (2) every user fee impacts the cost of living and further erodes voter confidence; (3) supporting the fee demonstrates that the Council is keeping the maintenance facility project as a priority; (4) the working conditions at the current facility are deplorable and must be addressed now; (5) the cost of building a new facility goes up every year that it is delayed; and (6) getting citizens to support a bond for a new facility would be unlikely.

 

The public was encouraged to submit feedback to the City Council on the subject of public works projects and possible funding options.  During public presentations, photographs or a video tour of the current maintenance facility should be included so that the public can see maintenance employees lying in the snow to work on vehicles too large to fit into the facility.

 

Mayor Presler moved to amend the motion as follows:

 

 

Option 1:  Renew the Environmental Maintenance Facility Fee of $2.50 per ton for a period of one year.  Renewal of the fee will be considered based on completion of key milestones including the following: (a) property location selection; (b) conceptual site plan development; and (c) preliminary cost estimate.

 

 

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

 

The motion to read Resolution No. 2008-52 by title only as amended passed on majority roll-call vote as follows:

 

 

Mayor Presler

Aye

 

Vice Mayor White

Aye

 

Councilmember Brewster

Aye

 

Councilmember Evans

Aye

 

Councilmember Haughey

Nay

 

Councilmember Overton

Nay

 

Councilmember Swanson

Nay

 

Title was read as follows:

 

 

Resolution No. 2008-52

 

 

 

A resolution declaring that the required conditions set forth in Section 7-04-001-0009(H)(1) of the Flagstaff City Code, Environmental Maintenance Facility Fee have been met; and renewing the $2.50 per ton fee.

 

 

Vice Mayor White moved to adopt Resolution No. 2008-52, seconded by Councilmember Evans.  The motion passed on majority roll-call vote as follows:

 

 

 

Mayor Presler

Aye

 

Vice Mayor White

Aye

 

Councilmember Brewster

Aye

 

Councilmember Evans

Aye

 

Councilmember Haughey

Nay

 

Councilmember Overton

Nay

 

Councilmember Swanson

Nay

 

H.

Consideration of Resolution No. 2008-53:  A resolution approving the Second Supplement to Development Agreement among the City of Flagstaff, Premiere Acquisitions, L.L.C., Luxury Lofts, L.L.C. and Cedar Ridge Investments, L.L.C.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-53 by title only.

Adopt Resolution No. 2008-53.

 

Vice Mayor White moved to read Resolution No. 2008-53 by title only.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2008-53

 

 

 

A resolution approving the Second Supplement to Development Agreement among the City of Flagstaff, Premiere Acquisitions, L.L.C., Luxury Lofts, L.L.C. and Cedar Ridge Investments, L.L.C.

 

 

Vice Mayor White moved to adopt Resolution No. 2008-53, seconded by Councilmember Evans.  The vote was unanimous in favor.

 

I.

Consideration of Ordinance No. 2008-27:  An ordinance amending Title 1, Chapter 24, Section 10-24-001-0007, Settlement of Claims, by increasing City Manager settlement authority to $25,000.00.

 

 

RECOMMENDED ACTION:

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

Adopt Ordinance No. 2008-27.

 

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

 

Debbie Jo Maust, Risk Manager, stated she will begin providing a monthly claims report to the City Council.

 

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

 

 

Ordinance No. 2008-27

 

 

 

An ordinance amending Title 1, Chapter 24, Section 10-24-001-0007, Settlement of Claims, by increasing City Manager settlement authority to $25,000.00.

 

 

Vice Mayor White moved to adopt Ordinance No. 2008-27.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

J.

Consideration of Stipulation for Entry of Order:  Facilitating infrastructure improvements (Presidio in the Pines development project).

 

 

RECOMMENDED ACTION:

Approve the Stipulation.

 

Michelle D?Andrea, Senior Assistant City Attorney, explained that staff has been pursuing an agreement with Premiere Acquisitions, ACIC Surety Company, and Alliance Bank in order to move the project forward.  Staff is working diligently; however, all parties have not yet agreed on the terms of the stipulation.

 

Councilmember Overton moved to table the item to October 14, 2008, seconded by Vice Mayor White.  The motion passed on unanimous vote.

 

8.       COUNCIL DISCUSSION ITEMS

 

A.

Consideration of Council Discussion:  Closure of Channel 2 (KNAZ) and re-establishment of television service in Northern Arizona.

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

As the sponsoring Councilmember for this item, Councilmember Swanson noted that the public values having a local television station to promote education and to enhance quality of life, community character, and economic development.

 

John Misner, President and General Manager of KPNX in Phoenix and KNAZ in Flagstaff, explained that the decision to close KNAZ was not made lightly.  The station?s management has lost money on the station for each of the past 10 years.  Low revenues from advertisement sales is the culprit.  The station is for sale and has been for the past three years.

 

Citizens speaking on the issue included:

 

 

Greg Hales, Flagstaff resident

 

John McCulloch, Flagstaff resident

 

Tyrus Coursey, producer of Flagnews

 

Public comments included: (1) public television provides for educational opportunities as well as local weather, local sports and emergency information; (2) community access television, also known as Public, Education and Government (PEG), would work well in Flagstaff; (3) the community has lost a local vehicle for marketing; and (4) a Public, Education and Government  format doesn?t provide a business model.

 

Council considered such things as:  (1) whether staff should be involved in re-establishing local television programming, or whether it should be a citizen driven process; (2) impact on staff work priorities; (3) which groups and individuals should be included in a task force; and (4) the effect of the open meeting law.

 

Sgt. Tom Boughner commented on the use of local television in assisting the Police Department in the immediate release of emergency information, and providing a visual element for criminal identification.

 

The Council directed City Manager Burke to designate staff to facilitate a community discussion on the feasibility of re-establishing television service in Northern Arizona.  Most felt that if the community discussion could be carried out without evoking open meeting law requirements and that the conversations could move along quickly without consuming an immoderate amount of staff time.  The City Manager will report back to Council with the group?s findings and possible options.

 

B.

Consideration of Council Discussion:  Wind turbine requirements in commercial and residential zoning districts.

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

Mayor Presler requested that a wind turbine ordinance for commercial properties similar to the ordinance adopted by Coconino County be placed on the Council?s agenda as soon as possible.  She is not in favor of waiting for the overall Land Development Code rewrite to be accomplished and would like the ordinance to be adopted as early in 2009 as possible.  Because the City has not received any formal permits for wind turbines on residential properties, an ordinance addressing these properties may not be appropriate at this time.  She would like to see a minimum one-acre requirement, and towers 20 feet above surrounding structures for maximum performance.  Citizens should be given the opportunity to take advantage of available federal and/or state tax credits and offset energy costs without delay.

 

Individuals speaking in support of the ordinance included:

 

 

Cynthia White, Friends of Flagstaff?s Future

 

Andy Cruz, Southwest Wind Power

 

Eva Hatchner, Flagstaff resident

 

Public comments were that:  (1) an amendment to the Land Development Code to allow wind turbines is needed and should be adopted as soon as possible; (2) wind maps should be used to determine optimal placement and height of turbines; and (3) allowing wind turbines will be a win-win situation for the community and local businesses.

 

The Council supported moving forward and overall comments included:  (1) an enabling ordinance is a step in the right direction; (2) the ordinance should be made a priority and not held up with the Land Development Code rewrite; (3) a less than one-acre requirement could be explored in order to have a mechanism to address specific cases; (4) the Land Development Code rewrite should not take a backseat to individual ordinances; (5) focus should be on commercial and industrial zones; and (6) the language should be as simple and least restrictive as possible.

 

There was consensus for staff to draft an ordinance with simple language and presenting the least restrictive alternatives that empower businesses in a commercial setting to utilize wind power where it makes sense.

 

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 9:25 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 October 7, 2008.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 24th day of December, 2008.

 

 

 

 

                                                                           

CITY CLERK