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

November 4, 2008

5:00 p.m.

A meeting of the Flagstaff City Council was held on November 4, 2008 convening at 5:07 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: Regular Council Meeting of September 2, 2008.

RECOMMENDED ACTION: Approve the minutes as submitted/corrected.

Councilmember Overton moved to approve the minutes as submitted.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

4.        PUBLIC PARTICIPATION

Donald Bates, Pastor of Apostolic Light House of Flagstaff, described his property dispute with the developers of the Presidio East subdivision.

5.       CONSENT AGENDA

A.

Consideration of Change Order No. 2:  Butler Avenue median project.

RECOMMENDED ACTION:

(1)

Approve Change Order No. 2 to Standard Construction Company, Inc. in the amount of $4,859.36; and

(2)

Authorize the City Manager to execute the necessary documents.

B.

Consideration of Acceptance of Subgrantee Agreements:  Equipment and clothing for the Fire Department.

RECOMMENDED ACTION:

Authorize the acceptance of the subgrantee agreements from the Arizona Department of Homeland Security in the amount of $141,353.00 for the purchase of Fire Station 4 generator, safety clothing, decontamination equipment, and replacement nerve agent antidote kits.

C.

Consideration of First Amendment to Intergovernmental Agreement:  Shared construction and maintenance of the Phoenix Avenue parking lot.

RECOMMENDED ACTION:

Approve the first amendment to Intergovernmental Agreement with the Northern Arizona Intergovernmental Public Transportation Authority

D.

Consideration of Bids:  Modular classroom for the Flagstaff Fire Department training facility.

RECOMMENDED ACTION:

Approve the bid from Design Modulars, Inc., in the amount of $82,861.94.

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

Returning to Item 5D, Councilmember Haughey moved to approve the recommended action, seconded by Vice Mayor White.  The vote was unanimous in favor.

6.      PUBLIC HEARING ITEMS (Public Hearing Items Will Not be Heard Prior to 5:30 p.m.)

No items were submitted.

7.      REGULAR AGENDA

A.

Consideration of Applicants for Appointments:  Board of Adjustment.  [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 in May 2011 and one appointment to term expiring May 2009.

Councilmember Brewster moved to appoint Don Henry and Steve Ruble to terms expiring in May of 2011.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

B.

Consideration of Matters Relating to Proposed Ordinance No. 2008-28:  Concerning development fees, including, but not limited to:

(1)

Reconsideration of tie vote occurring on October 21, 2008, concerning proposed Ordinance 2008-28, and

(2)

Possible amendment of Rule 11.08 of the rules of procedures for the Flagstaff City Council relating to the reconsideration of a tie vote, and

(3)

Other procedural matters relating to proceedings concerning Ordinance 2008-28, and

(4)

Possible consideration and adoption of Ordinance 2008-28 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 fee study; and providing for an effective date.

RECOMMENDED ACTION:

(1)

Move to amend proposed Ordinance 2008-28; or

(2)

Move to suspend or amend the rules the City Council Rules of Procedure to allow any member of the City Council to move to reconsider the tie vote occurring at the October 21, 2008 regular meeting on the motion to read Ordinance No. 2008-28; or

(3)

Move to reconsider the tie vote occurring at the October 21, 2008 regular meeting to read Ordinance No. 2008-28 for the final time by title only; or

(4)

Move to rescind the October 21, 2008 vote on the motion; or

(5)

Make another procedural motion; or

(6)

Move to read Ordinance No. 2008-28 for the final time by title only.

(7)

Move to adopt Ordinance No. 2008-28.

City Attorney Patricia Boomsma reviewed the various options available for Council consideration.  The Council?s Rules of Procedures guide the Council?s conduct, provides for the will of the majority, and promotes open dialogue between opposing views.

Rule 11.08, which has been at issue, was recently amended.  When Ordinance No. 2008-28 was under consideration, it incorporated the past practice of the Council to allow any member who voted on an item to ask for a reconsideration of that item.  There are alternative approaches available to the Council, as outlined above, if the majority wishes to take any of those approaches.  In order to avoid litigation and undue expense, the simplest solution is for a member of the prevailing side to make the motion to reconsider.  She believes, however, that the City would have a defensible position should any member who voted on the item choose to move for reconsideration.

The following individuals were opposed to reconsideration of the tie vote occurring on October 21, 2008 concerning proposed Ordinance 2008-28:

Blake Rolley, Flagstaff Chamber of Commerce

Joe Galli, Flagstaff Chamber of Commerce

David Evans, Flagstaff Chamber of Commerce

Julie Pastrick, Flagstaff Chamber of Commerce

Joy Stavley, Flagstaff business owner

Rob Wilson, Flagstaff resident

Rick Lopez, Flagstaff realtor

The following arguments were cited as reasons to reject the reconsideration of the above described action:

?

Reconsideration would be an attempt to change the outcome of the original vote.

?

Ordinance 2008-28 is a bad idea considering the current state of the economy.

?

According to Roberts Rules of Order, reconsideration can only be moved by a member of the prevailing side, and since the item failed on a tie vote, it would have to be moved by a member who voted against the ordinance.

?

The Council should uphold and operate under its own Rules of Procedure.

?

Amending the Council?s Rules of Procedure in order to change a prior vote would be inappropriate.

?

Impact fees are taxes and will negatively impact the cost of housing.

?

Council needs to have a discussion with the community on how growth pays for itself.

Councilmembers were divided and noted that:

?

Suspending, amending or rescinding the Council?s Rules of Procedure in response to a particular vote is wrong.

?

In the past, tie votes were reconsidered with a motion from any of the original voters under the City Attorney?s advice.

?

Finding the true will of the Council is the real goal.

?

Opposing the reconsideration is as disingenuous as the denial of a motion to table an item to allow for all Councilmembers to be present, and subverts the will of the majority.

?

Any member of the public can file an initiative or referendum if they are unhappy with a decision of the Council.

?

Waiting for an excused Councilmember to be present for a vote has historically been a matter of mutual respect and consideration.

?

This item should not be considered this evening because the public is missing and distracted by the National General Election.

?

If the Council understood the Rules of Procedure in the past as they do now, perhaps reconsiderations would not have been allowed.

?

The issue failed on October 21, 2008 and is over.

?

The rule relating to the reconsideration of a tie vote is ambiguous.

Vice Mayor White moved to reconsider Ordinance No. 2008-29, seconded by Councilmember Brewster.

Councilmember Haughey moved to appeal the decision of the Chair to accept a motion to reconsider, seconded by Councilmember Overton.

Mayor Presler?s reasons for allowing the motion were:

?

Historic precedence - specifically the March 18, 2008 Council Meeting?s move to reconsider.

?

Written legal counsel.

?

Verbal legal counsel received in executive session.

?

The ambiguity of Rule 11.08, which seeks to attain the majority-will of the Council.

?

No one objected or asked for clarification to the legal advice given on the topic at the October 21, 2008 Council Meeting.

?

Council?s Rules of Procedure are a guideline to finding the true will of the Council.

Mayor Presler restated the motion as, ?Shall the decision of the Chair to accept the motion for reconsideration be sustained??

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

Mayor Presler

Aye

Vice Mayor White

Aye

Councilmember Brewster

Aye

Councilmember Evans

Nay

Councilmember Haughey

Nay

Councilmember Overton

Nay

Councilmember Swanson

Aye

The motion to reconsider Ordinance No. 2008-28 passed on majority roll-call vote as follows:

Mayor Presler

Aye

Vice Mayor White

Aye

Councilmember Brewster

Aye

Councilmember Evans

Nay

Councilmember Haughey

Nay

Councilmember Overton

Nay

Councilmember Swanson

Aye

Councilmember Evans moved to table consideration of Ordinance No. 2008-28, seconded by Councilmember Swanson.  The motion passed on majority roll-call vote as follows:

Mayor Presler

Nay

Vice Mayor White

Aye

Councilmember Brewster

Aye

Councilmember Evans

Aye

Councilmember Haughey

Nay

Councilmember Overton

Aye

Councilmember Swanson

Aye

C.

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 final time by title only.

Adopt Ordinance No. 2008-31.

Vice Mayor White moved to read Ordinance No. 2008-31 for the final time by title only, 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.  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.

Vice Mayor White moved to adopt Ordinance No. 2008-31, 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. 

D.

Consideration of Resolution No. 2008-59:  A resolution authorizing an Intergovernmental Agreement between the City of Flagstaff and the Office of Manufactured Housing within the Arizona Department of Building and Fire Safety  providing for City of Flagstaff monitoring and enforcement of installation of manufactured housing, factory-built buildings and accessory structures.

RECOMMENDED ACTION:

Read Resolution No. 2008-59 by title only

Adopt Resolution No. 2008-59.

Vice Mayor White moved to read Resolution No. 2008-59 by title only.  The motion was seconded by Councilmember Evans and passed on unanimous vote.  Title was read as follows:

Resolution No. 2008-59

A resolution authorizing an Intergovernmental Agreement between the City of Flagstaff and the Office of Manufactured Housing within the Arizona Department of Building and Fire Safety  providing for City of Flagstaff monitoring and enforcement of installation of manufactured housing, factory-built buildings and accessory structures.

Vice Mayor White moved to adopt Resolution No. 2008-59, seconded by Councilmember Overton.  The vote was unanimous in favor.

E.

Consideration of Resolution No. 2008-60:  A resolution authorizing the submission of a grant application to the Arizona Department of Housing for the owner occupied emergency repair program.

RECOMMENDED ACTION:

Read Resolution No. 2008-60 by title only.

Adopt Resolution No. 2008-60.

Councilmember Evans moved to read Resolution No. 2008-60 by title only.  The motion was seconded by Vice Mayor White and passed on unanimous vote.  Title was read as follows:

Resolution No. 2008-60

A resolution authorizing the submission of a grant application to the Arizona Department of Housing for the owner occupied emergency repair program.

Vice Mayor White moved to adopt Resolution No. 2008-60, seconded by Councilmember Haughey.  The vote was unanimous in favor.

F.

Consideration of Resolution No. 2008-61:  A resolution authorizing the submission of a grant application to the Arizona Department of Housing for the owner occupied rehabilitation program.

RECOMMENDED ACTION:

Read Resolution No. 2008-61 by title only.

Adopt Resolution No. 2008-61.

Councilmember Brewster moved to read Resolution No. 2008-61 by title only.  The motion was seconded by Councilmember Overton and passed on unanimous vote.  Title was read as follows:

Resolution No. 2008-61

A resolution authorizing the submission of a grant application to the Arizona Department of Housing for the owner occupied rehabilitation program.

Vice Mayor White moved to adopt Resolution No. 2008-61, seconded by Councilmember Overton.  The vote was unanimous in favor.

G.

Consideration of Resolution No. 2008-62:  A resolution authorizing the transfer of budgeted funds between funds.

RECOMMENDED ACTION:

Read Resolution No. 2008-62 by title only.

Adopt Resolution No. 2008-62.

Vice Mayor White moved to read Resolution No. 2008-62 by title only.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.  Title was read as follows.

Resolution No. 2008-62

A resolution authorizing the transfer of budgeted funds between funds.

Vice Mayor White moved to adopt Resolution No. 2008-62.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

8.       COUNCIL DISCUSSION ITEMS

A.

Consideration of Council Discussion:  ?Golden Rule Flagstaff?.

RECOMMENDED ACTION:

Discuss and provide direction.

Councilmember Swanson, the sponsor of this item, commented that the proponents are not seeking any funding from the City, but are requesting a Councilmember to sit on their steering committee.  Council consented to place the item on the November 18, 2008 meeting agenda.

B.

Consideration of Council Discussion:  A ?League of Neighborhoods.?

RECOMMENDED ACTION:

Discuss and provide direction.

Councilmember Evans, the sponsor of the item, explained her interest in the City?s investing in a communitywide neighborhood registry project that would emphasize the development of civic leadership within defined neighborhoods.  Interns or volunteers from AmeriCorps or Northern Arizona University could be utilized to mitigate most of the cost to implement.  She expressed her willingness to take the lead on getting the program off the ground, with the assistance of an intern.  Council consented to place the item on a meeting agenda in the near future.

9.         PUBLIC PARTICIPATION

Steve Nelson, Flagstaff resident and member of the Flagstaff Dark Skies Coalition, distributed copies of a National Geographic edition highlighting the City of Flagstaff for its implementation of dark skies policies.

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

11.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 7:03 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 November 4, 2008.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 17th day of June, 2009.

CITY CLERK