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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 21, 2008

5:00 p.m.

 

A meeting of the Flagstaff City Council was held on October 21, 2008 convening at 5:10 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 VISION STATEMENT, AND INVOCATION

 

Mayor Presler asked those present to stand for the Pledge of Allegiance, the reading of the Vision 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 - Excused

 

 

Also present were:

 

 

City Manager, Kevin Burke

City Attorney, Patricia Boomsma

 

3.       MINUTES

 

No minutes were submitted.

 

4.        PUBLIC PARTICIPATION

 

Flagstaff residents Donna and Jerry Creamer, and Carra Riley, urged the Council to join other municipalities across the State by adopting a resolution to make Flagstaff a Golden Rule City.

 

Mayor Presler requested that the citizens? proposal be scheduled as a Section 8 discussion item on a future Council agenda.

 

A citizen identified as Ann requested the Council?s assistance in her struggle with United Health Care Corporation over the delayed release of her medical records.  Mayor Presler instructed the citizen to come by her office to receive information on where she might seek help and direction.

 

5.       CONSENT AGENDA

 

A.

Consideration of Purchase under the Strategic Alliance for Volume Expenditures (SAVE) Intergovernmental Agreement:  Replacement chiller for the J. Lively Activity Center.

 

 

RECOMMENDED ACTION:

Approve the purchase under the SAVE agreement in the amount of $76,534.00 plus tax and freight and an additional 10% contingency.

 

B.

Consideration of Annual Bid:  Asphaltic concrete.

 

 

RECOMMENDED ACTION:

Approve the bid from Cemex for 3/4-inch asphaltic concrete with 5% oil at $110.00 per ton; 3/8-inch asphaltic concrete with 5.5% oil at $115.00 per ton; and 1/2-inch asphaltic concrete with 6% oil at $113.00 per ton.

 

C.

Consideration of Bids:  Replacement light duty trucks.

 

 

RECOMMENDED ACTION:

Approve the bid from Jim Babbitt Ford for eight light duty trucks in the total amount of $163,717.05, plus applicable fees and taxes.

 

D.

Consideration of Bids:  Heavy equipment vehicles for the SCA Tissue service contract.

 

 

RECOMMENDED ACTION:

Approve the proposals from the following vendors as follows:

 

 

 

(1)

Two tractor trucks from Inland Kenworth in the amount of $255,550.00;

 

 

(2)

One Komatsu four-cubic-yard wheel loader from Road Machinery in the amount of $167,347.00; and

 

 

(3)

Two side dump trailers from Side Dump Industries in the amount of $81,872.00.

 

E.

Consideration of Intergovernmental Agreement:  Dispatch services.

 

 

RECOMMENDED ACTION:

Approve the 2009 Financial Plan and Operating Intergovernmental Agreement with the U.S. Forest Service for dispatching services with payment to the City in the amount of $4,000.00.

 

Councilmember Overton moved to approve the Consent Agenda with the exception of Items 5B and 5D.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

Returning to Item 5B, Rick Compau, Purchasing Director, explained that, within the first year of the contract, the asphaltic concrete provider can make downward adjustments in the price.  After the first year, the agreement allows for upward price adjustments.

 

Mayor Presler read the revised recommended action as follows:

 

 

Approve the bid from Cemex for 3/4-inch asphaltic concrete with 5% oil at $89.00 per ton; 3/8-inch asphaltic concrete with 6% oil at $92.00 per ton; 1/2-inch asphaltic concrete with 5.5% oil at $91.00 per ton.

 

 

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

 

Stephen Knutson, Flagstaff resident, referring back to Item 5C on the Consent Agenda, remarked that the City should postpone the purchase of vehicles until more efficient vehicles become available at a lower price.

 

Returning to Item 5D, Councilmember Haughey moved to recess into Executive Session to receive legal advice, seconded by Councilmember Overton.  The motion passed on unanimous vote.

 

The Council meeting resumed at 6:32 p.m.

 

Fritz Aspey, local counsel for SCA Tissue, stated that SCA believes it has a binding agreement with the City of Flagstaff and is asking for approval of the recommended action, which is in accordance with SCA?s contract.

 

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

 

Councilmembers opposed to the consideration of bids noted that:  (1) private industry should be doing the hauling, not the City; (2) the City should not compete with local business; and (3) the agreement with SCA could be honored while still hiring a subcontractor to do the hauling.

 

Others felt that:  (1) the City is already in the hauling business with the collection of garbage and recyclables; and (2) valuable daily cover for the landfill was secured for 10 years with the approval of the SCA contract.

 

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

 

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

 

A.

Consideration of Public Hearing (PC ANX 08-001):  Annexation of certain territory totalling 53.4 acres at 2499 East Route 66, consisting of properties owned by the City and the BNSF Railway located south of Route 66 and running from east downtown through the overpass at Fourth Street, contiguous to the existing corporate limits of the City of Flagstaff and establishing zoning for said land as RR, Rural Residential.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Vice Mayor White moved to open the public hearing.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

There being no public input, Councilmember Haughey moved to close the public hearing.  The motion was seconded by Vice Mayor White and passed on unanimous vote.

 

B.

Consideration of Public Hearing:  Renewal of Enterprise Zone designation; and

Consideration of Resolution No. 2008-58:  A resolution authorizing an application to the State of Arizona for renewal of Enterprise Zone status for the City of Flagstaff.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Read Resolution No. 2008-58 by title only.

Adopt Resolution No. 2008-58.

 

Councilmember Haughey moved to open the public hearing, seconded by Councilmember Overton.  The motion passed on unanimous vote.

 

There being no public input, Councilmember Haughey moved to close the public hearing.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

Vice Mayor White moved to read Resolution No. 2008-58 by title only, seconded by Councilmember Brewster.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2008-58

 

 

 

A resolution authorizing an application to the State of Arizona for renewal of Enterprise Zone status for the City of Flagstaff.

 

 

Councilmember Haughey moved to adopt Resolution No. 2008-58.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

C.

Consideration of Intergovernmental Agreement:  Enterprise Zone.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County.

 

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

 

7.      REGULAR AGENDA

 

A.

Consideration of Agreement:  Facilitating infrastructure improvements (Presidio in the Pines Development Project).

 

 

RECOMMENDED ACTION:

Approve the agreement.

 

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

 

Richard Elsey, party to the agreement, explained that, with the approval of the agreement, the bankruptcy court assigned to the Presidio in the Pines project will allow him to file his reorganization plan in order to complete the project.

 

The motion passed on unanimous vote.

 

B.

Consideration of Ordinance No. 2008-28:  An ordinance amending the Flagstaff City Code by adding Chapter 10-18, ?Development Fees,? adopting procedures for the imposition, calculation, collection, offset, expenditure and administration of development fees to be imposed on new development; adopting an infrastructure improvement plan and development fees study; and providing for an effective date.

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-28 for the final time by title only.

Adopt Ordinance No. 2008-28.

 

Vice Mayor White moved to read Ordinance No. 2008-28 for the final time by title only, seconded by Mayor Presler.

 

The following citizens spoke in opposition to Ordinance No. 2008-28:

 

 

Emily Ryan, Arizona Multi-Housing Association

 

Bill Ring, Flagstaff resident and land use attorney

 

David Monihan, Jr., Flagstaff resident

 

David Walker, Northern Arizona Builders Association

 

Those in favor of the ordinance said:  (1) the development fees will be passed on to rental housing residents - those who can least afford them; (2) new fees should be postponed until the economy recovers; (3) Flagstaff?s growth rate at 3% does not justify the proposed fees; (4) the fees run counterintuitive to the expectation of builders to provide workforce housing; and (5) non-profits will suffer the most.

 

Vice Mayor White moved to table the item to allow for all Councilmembers to be in attendance, seconded by Councilmember Brewster.

 

The motion failed on a tie roll-call vote as follows:

 

 

Mayor Presler

Aye

 

Vice Mayor White

Aye

 

Councilmember Brewster

Aye

 

Councilmember Evans

Nay

 

Councilmember Haughey

Nay

 

Councilmember Overton

Nay

 

Comments from Councilmembers in favor of Ordinance No. 2008-28 included:  (1) this action will shift the burden to those creating the need for new infrastructure; (2) the proposed fees are already being paid by everyone in the community; it?s a matter of who pays them; (3) if affordable housing is going to happen, the funds must be found to make it happen; (4) other Arizona communities have continued to grow with the implementation of impact fees; (5) the fees have been lowered since the original proposal; (6) impact fees are less than realtors? fees; and (7) there was never a plan to apply the fees to affordable housing units.

 

Councilmembers in opposition to enacting new fees noted:  (1) citizens are frustrated that Council has taken so long to make a decision in this matter; (2) additional fees will drive the cost of living up and have a negative impact on affordable housing; (3) a yes vote disregards the statistics brought forward by the City?s consultant, TischlerBise; (4) the passage of new fees will open the door to even more fees; (5) local homebuyers moving to a larger home would not be exempt from paying fees again on their new home; (6) the action pushes financial burdens and responsibilities onto the community?s kids and grandkids; and (7) from the time the permit is pulled until the home is built, the builder will carry that cost, not the developer.

 

The motion to read failed on a tie roll-call vote as follows:

 

 

Mayor Presler

Aye

 

Vice Mayor White

Aye

 

Councilmember Brewster

Aye

 

Councilmember Evans

Nay

 

Councilmember Haughey

Nay

 

Councilmember Overton

Nay

 

C.

Consideration of Annual Service Agreement:  Compensation study.

 

 

RECOMMENDED ACTION:

Approve the agreement with Waters Consulting Group, Inc., in an amount not to exceed $63,500.00 and authorize the City Manager to execute the agreement.

 

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

 

Stephen Knutson, Flagstaff resident, believes that the funds would be better spent on solar panels for low income homes.

 

Shannon Anderson, Human Resources Director, provided background information on the item and stated that the greatest turnover in the City is in the dispatch center with a 30% turnover rate.

 

Some Councilmembers felt that the cost of the study would be better spent on the employees and that the study could be conducted with in-house talent.

 

Other Councilmembers commented that the study is an investment in the community, that compensation studies are complicated, and that an outside consultant would be seen as more objective.

 

Vice Mayor White requested that one of the consultant?s meetings be held with the City Council.

 

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

 

D.

Consideration of Resolution No. 2008-51:  A resolution of the City Council of the City of Flagstaff, Arizona, supporting the designation of the Little Colorado River Valley as a National Heritage Area.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-51 by title only.

Adopt Resolution No. 2008-51.

 

Vice Mayor White moved to read Resolution No. 2008-51 by title only, seconded by Councilmember Evans.  The vote was unanimous in favor and title was read as follows:

 

 

Resolution No. 2008-51

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, supporting the designation of the Little Colorado River Valley as a National Heritage Area.

 

 

Vice Mayor White moved to adopt Resolution No. 2008-51.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

E.

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 final time by title only.

Adopt Ordinance No. 2008-29.

 

Councilmember Haughey moved to read Ordinance No. 2008-29 for the final 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.

 

 

Councilmember Haughey moved to adopt Ordinance No. 2008-29.  The motion was seconded by Vice Mayor White and passed on unanimous vote.

 

F.

Consideration of Ordinance No. 2008-31:  An ordinance amending Title 8, Chapter 3, of the Flagstaff City Code, Section 8-03-001-0004, ?Removal of Snow and/or Ice? by changing the time for removal of snow, ice, dirt or other obstruction accumulated from any source to 24 hours, and providing for housekeeping changes.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-31 for the first time by title only.

 

Vice Mayor White moved to read Ordinance No. 2008-31 for the first time by title only, seconded by Councilmember Evans.

 

Stephanie Smith, Environmental Code Specialist, reported that staff is recommending a 24-hour period for compliance regarding snow removal.  The amendments include language from the Americans with Disabilities Act to clear the full width of sidewalks for easy access.

 

The motion passed on majority vote with Mayor Presler, Vice Mayor White and Councilmembers Brewster, Evans, and Haughey in favor, and Councilmember Overton opposed.  Title was read as follows:

 

 

Ordinance No. 2008-31

 

 

 

An ordinance amending Title 8, Chapter 3, of the Flagstaff City Code, Section 8-03-001-0004, ?Removal of Snow and/or Ice? by changing the time for removal of snow, ice, dirt or other obstruction accumulated from any source to 24 hours, and providing for housekeeping changes.

 

 

G.

Consideration of Resolution No. 2008-56:  A resolution authorizing the City of Flagstaff to enter into a ground lease with DCP-Flagstaff, L.L.C. for the development of a Federal Express Ground Package Systems facility at the Flagstaff Air Park.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-56 by title only.

Adopt Resolution No. 2008-56.

 

Councilmember Haughey moved to read Resolution No. 2008-56 by title only, seconded by Vice Mayor White.  The motion passed on majority vote with Vice Mayor White and Councilmembers Brewster, Evans, Haughey and Overton in favor, and Mayor Presler opposed. Title was read as follows:

 

 

Resolution No. 2008-56

 

 

 

A resolution authorizing the City of Flagstaff to enter into a ground lease with DCP-Flagstaff, L.L.C. for the development of a Federal Express Ground Package Systems facility at the Flagstaff Air Park.

 

 

Vice Mayor White moved to adopt Resolution No. 2008-56.  The motion was seconded by Councilmember Haughey and passed on majority vote with Vice Mayor White and Councilmembers Brewster, Evans, Haughey and Overton in favor, and Mayor Presler opposed.

 

8.       COUNCIL DISCUSSION ITEMS

 

No items were submitted.

 

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

 

City Manager Burke reported that the property maintenance ordinance and the measure to make it easier for the public to participate in zoning issues are moving forward as part of staff?s work program in conjunction with the other code rewrites.

 

Councilmember Evans requested that a Section 8 Council discussion item be placed on the first work session agenda in November to discuss ?A League of Neighborhoods? program.

 

10.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 9:56 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 21, 2008.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 3rd day of June, 2009.

 

                                                                           

CITY CLERK