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

June 2, 2009

5:30 p.m.

A meeting of the Flagstaff City Council was held on June 2, 2009 convening at 6:13 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, Excused

Councilmember Brewster

Councilmember Evans

Councilmember Haughey

Councilmember Overton

Councilmember Swanson

Also present were:

City Manager, Kevin Burke

City Attorney, Patricia Boomsma

3.         APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

A.

Consideration of Minutes: Regular Council Meeting of October 7, 2008; October 21, 2008; March 3, 2009; March 17, 2009; April 7, 2009; April 21, 2009; May 5, 2009; and Special Council Meeting of March 2, 2009.

RECOMMENDED ACTION

Approve the minutes as submitted/corrected.

Upon motion by Councilmember Haughey and second by Councilmember Evans, the vote was unanimous in favor of approving the minutes as submitted.

4.     PUBLIC PARTICIPATION

a.

Update on Neighborhood Registry.

Kimberly Sharp, Neighborhood Planner, gave the Council an update on the neighborhood registry and provided a website tour of the information available.

5.      CONSENT GENERAL

A.

Consideration of Transaction Privilege (Sales) Tax Write-Offs:  Fiscal Year ending June 30, 2009.

RECOMMENDED ACTION:

Approve the write-offs of transaction privilege (sales) tax accounts totaling $10,345.93.

B.

Consideration of Confirming Change Order No. 1:  Buffalo Park tank painting.

RECOMMENDED ACTION:

(1)

Approve Change No. 1 in the amount of $36,650.00 to Southwest Industrial Coatings Inc; and

(2)

Authorize the City Manager to execute the necessary documents.

C.

Consideration of Third Amendment to Consulting Agreement:  Government and Community Relations.

RECOMMENDED ACTION:

(1)

Approve the third amendment to the agreement with Landry, Creedon and Associates, Inc. in the amount of $122,610.12 per year, plus applicable expenses; and

(2)

Authorize the City Manager to execute the necessary documents.

D.

Consideration of Engineering Design Services Contract:  Sunnyside Phase V improvement project.

RECOMMENDED ACTION:

(1)

Approve the contract with Arizona Engineering GHD in the amount of $209,916.00, which includes a contract allowance of $19,083.00, and a contract period of 512 calendar days;

(2)

Authorize the City Manager to execute the necessary documents; and

(3)

Authorize change order authority in the amount of $20,991.00 to cover potential costs associated with unanticipated or additional items of work.

E.

Consideration of PC SUB 2009-001:  A request for preliminary plat approval by Yale Plaza, LLC, for the Yale Plaza Professional Condominiums, a six unit business condominium subdivision on a .6 acre parcel located at 1501 South Yale Street in the C3-E Highway Commercial Zoning District.

RECOMMENDED ACTION:

Approve the preliminary plat as recommended by the Planning and Zoning Commission.

Councilmember Evans moved to approve the Consent Calendar with the exception of Item 5C.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

Returning to Item 5C, Councilmember Haughey moved to approve the recommended action, seconded by Councilmember Overton.  The motion passed on majority roll call vote as follows:

Mayor Presler

Nay

Councilmember Brewster

Aye

Councilmember Evans

Aye

Councilmember Haughey

Aye

Councilmember Overton

Aye

Councilmember Swanson

Aye

6.     PUBLIC HEARING ITEMS

A.

Consideration of Liquor License Application:  Maria Ulloa Lopez, “Szechuan Restaurant”, 1451 S. Milton Road, Series 12, New License.

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

The City Council has the option to:

(1)

Forward the application to the State with a recommendation for approval;

(2)

Forward the application to the State with no recommendation; or

(3)

Forward the application to the State with a recommendation for denial based on the testimony received at the public hearing and/or other factors.

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

Sergeant Ryan Coons, Flagstaff Police Department, stated that he conducted the background investigation and found no reason to object to the application.

The applicant, Maria Ulloa Lopez, was present for question, but made no presentation.

Councilmember Haughey moved to close the public hearing.  The motion was seconded by Councilmember Overton and the vote was unanimous in favor.

Councilmember Brewster moved to forward the application to the State with a recommendation for approval, seconded by Councilmember Haughey.  The motion passed unanimously.

B.

Consideration of Public Hearing:  Proposed FY 2009-2010 budget.

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

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

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

C.

Consideration of Resolution No. 2009-27:  A resolution of the Council of the City of Flagstaff, Arizona adopting the tentative estimates of the amounts required for the public expense for the City of Flagstaff for the fiscal year 2009-10; adopting a tentative budget; setting forth the receipts and expenditure; the amount proposed to be raised by direct property taxation; giving notice of the time for hearing taxpayer, for adopting of budget and for fixing the tax levies.

RECOMMENDED ACTION:

Read Resolution No. 2009-27 by title only.

Adopt Resolution No. 2009-27.

Councilmember Haughey moved to read Resolution No. 2009-27 by title only, seconded by Councilmember Brewster.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2009-27

A resolution of the Council of the City of Flagstaff, Arizona adopting the tentative estimates of the amounts required for the public expense for the City of Flagstaff for the fiscal year 2009-10; adopting a tentative budget; setting forth the receipts and expenditure; the amount proposed to be raised by direct property taxation; giving notice of the time for hearing taxpayer, for adopting of budget and for fixing the tax levies.

Councilmember Haughey moved for adoption, seconded by Councilmember Brewster.  The vote was unanimous in favor.

7.      REGULAR AGENDA

A.

Consideration of Applicants for Appointments:  Planning and Zoning 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 one appointment to a partial term expiring December 2010.

Councilmember Haughey moved to appoint Stephen Dorsett to a term expiring in December, 2010.  Councilmember Overton seconded the motion which passed on unanimous vote.

B.

Consideration of Partial Waiver of Noise Ordinance Requirements:  Northland Hospice Run or Walk 5K/10K.

RECOMMENDED ACTION:

The City Council may select one of the following options or move to take an action of its own choosing:

(1)

Waive the requirements of the noise ordinance to allow sound amplification on June 28, 2009, beginning at 6:00 a.m. in Wheeler Park at or below the sound level prescribed by the Noise Ordinance; or

(2)

Deny the request.

Councilmember Evans moved to approve the partial waiver of the noise ordinance, seconded by Councilmember Brewster.  The motion passed on unanimous vote.

C.

Consideration of Ordinance No. 2009-09:  An ordinance of the City Council of the City of Flagstaff, Arizona, extending and increasing the corporate limits of the City of Flagstaff, Coconino County, State of Arizona, pursuant to the provisions of Title 9, Chapter 4, Arizona Revised Statutes, by annexing thereto certain territory contiguous to the existing city limits of the City of Flagstaff.

RECOMMENDED ACTION:

Read Ordinance No. 2009-09 for the final time by title only.

Adopt Ordinance No. 2009-09.

Councilmember Overton moved to read Ordinance No. 2009-09 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. 2009-09

An ordinance of the City Council of the City of Flagstaff, Arizona, extending and increasing the corporate limits of the City of Flagstaff, Coconino County, State of Arizona, pursuant to the provisions of Title 9, Chapter 4, Arizona Revised Statutes, by annexing thereto certain territory contiguous to the existing city limits of the City of Flagstaff.

Councilmember Overton moved for adoption.  The motion was seconded by Councilmember Evans and passed unanimously.

D.

Consideration of Ordinance No. 2009-10:  An ordinance of the City Council of the City of Flagstaff repealing Flagstaff City Code Title 1, Chapter 14, Section 1-14-001-0006, “Employee Advisory Committee”, and replacing the same with new and updated provisions on the creation of the Employee Advisory Committee, its mission, purpose, objectives, structure, membership, meetings, and definitions governing the same.

RECOMMENDED ACTION:

Read Ordinance No. 2009-10 for the final time by title only.

Adopt Ordinance No. 2009-10.

Councilmember Haughey moved to read Ordinance No. 2009-10 for the final time by title only, seconded by Councilmember Brewster.  The motion passed on unanimous vote and title was read as follows:

Ordinance No. 2009-10

An ordinance of the City Council of the City of Flagstaff repealing Flagstaff City Code Title 1, Chapter 14, Section 1-14-001-0006, “Employee Advisory Committee”, and replacing the same with new and updated provisions on the creation of the Employee Advisory Committee, its mission, purpose, objectives, structure, membership, meetings, and definitions governing the same.

Upon motion by Councilmember Brewster and second by Councilmember Haughey, the vote was unanimous in favor.

E.

Consideration of Ordinance No. 2009-15:  An ordinance amending the Flagstaff City Code Title 6, Police Regulations, Chapter 1, General Offenses, Section 6-01-001-0022, Camping on Public Property within the City Limits, to clarify its purpose and clarify its application.

RECOMMENDED ACTION:

Read Ordinance No. 2009-15 for the first time by title only.

Mayor Presler moved to table, seconded by Councilmember Evans.

Councilmember Overton moved to recess into Executive Session, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

Following the reconvening into public session, Mayor Presler withdrew her motion to table.  Councilmember Evans likewise withdrew her second.

Councilmember Haughey moved to read Ordinance No. 2009-15 for the first time by title only, seconded by Councilmember Overton.

Speaking on behalf of a lesser restrictions than are contained in the currently proposed ordinance were:

Mik Jordahl

Councilmember Evans moved to amend the language by removing No. 1 under Section B, “Sleeping activities or making preparations to sleep including the laying down of bedding for the purpose of sleeping.”  Councilmember Swanson seconded the motion.  The motion failed on a split vote with Mayor Presler and Councilmembers Evans and Swanson voting in favor, and Councilmembers Brewster, Haughey, and Overton opposed.

Mayor Presler moved to postpone until the second meeting in August, seconded by Councilmember Evans.  The motion to postpone passed on majority vote with Mayor Presler and Councilmembers Brewster, Evans and Swanson voting in favor, and Councilmembers Haughey and Overton opposed.

F.

Consideration of Resolution No. 2009-29:  A resolution of the City Council of the City of Flagstaff, Arizona declaring as a public record that certain document filed with the City Clerk entitled “2009 Amendments to the City of Flagstaff City Code, Title 3, Privilege and Excise Tax Regarding Out-of States Sales, Solar Energy Devices, Architectural, Engineering and Development Fees, and Extension for Filing a Petition for an Administrative Review.”

RECOMMENDED ACTION:

Read Resolution No. 2009-29 by title only.

Adopt Resolution No. 2009-29.

Councilmember Overton moved to read Resolution No. 2009-29 by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2009-29

A resolution of the City Council of the City of Flagstaff, Arizona declaring as a public record that certain document filed with the City Clerk entitled “2009 Amendments to the City of Flagstaff City Code, Title 3, Privilege and Excise Tax Regarding Out-of States Sales, Solar Energy Devices, Architectural, Engineering and Development Fees, and Extension for Filing a Petition for an Administrative Review.”

Councilmember Haughey moved for adoption.  The motion was seconded by Councilmember and the vote was unanimous in favor.

G.

Consideration of Ordinance No. 2009-16:  An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the “2009 Amendments to the City of Flagstaff City Code Title 3, Privilege and Excise Taxes, Regarding Out-of-State Sales, Solar Energy Devices, Architectural, Engineering and Development Fees, and Extension for Filing a Petition for an Administrative Review” by reference, thereby amending the Flagstaff City Code Section 3-05-001-0100, Words of Tense, Number and Gender, Code Reference; and General Definitions; Section 3-05-004-0415, Construction Contracting; Construction Contractors; Section 3-05-004-0416, Construction Contracting, Speculative Builders; Section 3-05-004-0417, Construction Contracting; Owner-Builders who are not Speculative Builders, Sections 3-05-004-0450, Rental, Leasing, and Licensing for the use of Tangible Personal Property, Section 3-05-004-0465, Retail Sales: Exemptions; Section 3-05-005-0570, Administrative Review, Petition for Hearing or for Redetermination; Finality of Order; to provide for amendments regarding out-of-state sales, solar energy devices, architectural, engineering and development fees, and extension for filing a petition for an administrative  review.

RECOMMENDED ACTION:

Read Ordinance No. 2009-16 for the first time by title only.

Mayor Presler moved read, seconded by Councilmember Evans..

Councilmember Overton moved to amend to exempt City sales of the cost of the land at new construction time and to go with fair market value as the State does, seconded by Councilmember Haughey.  The motion failed on a split vote with Councilmembers Brewster, Haughey and Overton voting in favor, and Mayor Presler, and Councilmembers Evans and Swanson voting against.

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

Ordinance No. 2009-16

 An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the “2009 Amendments to the City of Flagstaff City Code Title 3, Privilege and Excise Taxes, Regarding Out-of-State Sales, Solar Energy Devices, Architectural, Engineering and Development Fees, and Extension for Filing a Petition for an Administrative Review” by reference, thereby amending the Flagstaff City Code Section 3-05-001-0100, Words of Tense, Number and Gender, Code Reference; and General Definitions; Section 3-05-004-0415, Construction Contracting; Construction Contractors; Section 3-05-004-0416, Construction Contracting, Speculative Builders; Section 3-05-004-0417, Construction Contracting; Owner-Builders who are not Speculative Builders, Sections 3-05-004-0450, Rental, Leasing, and Licensing for the use of Tangible Personal Property, Section 3-05-004-0465, Retail Sales: Exemptions; Section 3-05-005-0570, Administrative Review, Petition for Hearing or for Redetermination; Finality of Order; to provide for amendments regarding out-of-state sales, solar energy devices, architectural, engineering and development fees, and extension for filing a petition for an administrative review.

H.

Consideration of Resolution No. 2009-26:  A resolution approving the City of Flagstaff’s substantial amendment to the 2008/2009 Annual Action Plan and authorizing its submission to the United States Department of Housing and Urban Development (HUD).

 RECOMMENDED ACTION:

Read Resolution No. 2009-26 by title only.

Adopt Resolution No. 2009-26.

Councilmember Overton moved to read Resolution No. 2009-26 by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2009-26

A resolution approving the City of Flagstaff’s substantial amendment to the 2008/2009 Annual Action Plan and authorizing its submission to the United States Department of Housing and Urban Development (HUD).

Councilmember Haughey moved to adopt Resolution No. 2009-26.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

I.

Consideration of Resolution No. 2009-32:  A resolution of the Mayor and Council of the City of Flagstaff, Arizona, a municipal cooperation of Arizona, relating to the financing of certain projects, specifically approving publication of notice of proposed lease of land and buildings from, and lease-purchased back of such land and buildings to, the City of Flagstaff, Arizona, and request for bids in connection therewith; and authorizing the acceptance of a bid with respect thereto; approving and authorizing the execution and delivery of a ground lease and a lease-purchase agreement, and if it is determined that the hereinafter described certificates are to be sold and executed and delivered, a trust agreement and a purchase agreement as well as, in either case, other necessary agreements, instruments and documents; if determined that such certificate should be sold and executed and delivered as provided herein, approving the sale and execution and delivery of certificates of participation in such lease purchase agreement to provide the necessary financing therefor; delegating to the Interim Management Services Director of the City of Flagstaff, Arizona, the authority to determine when bids for such land and buildings shall be accepted, to determine whether such lease purchase agreements shall be negotiated directly or such certificates underwritten to finance such projects, to designate the final principle amount, maturity dates, interest rates and payment dates and other matters with respect to such lease purchase agreement and to accept a proposal as determined as provided herein for either the negotiation of such lease purchase agreement or purchase of such certificates; if such certificates are underwritten, approving preparation and distribution of a preliminary official statement and a final official statement; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution and declaring this resolution to be an emergency.

RECOMMENDED ACTION:

Read Resolution No. 2009-32 by title only.

Adopt Resolution No. 2009- 32.

Councilmember Haughey moved to read Resolution No. 2009-32 by title only, seconded by Councilmember Overton.

Stephen Knutson expressed his dissatisfaction of the titling of the item.

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

Resolution No. 2009-32

A resolution of the Mayor and Council of the City of Flagstaff, Arizona, a municipal cooperation of Arizona, relating to the financing of certain projects, specifically approving publication of notice of proposed lease of land and buildings from, and lease-purchased back of such land and buildings to, the City of Flagstaff, Arizona, and request for bids in connection therewith; and authorizing the acceptance of a bid with respect thereto; approving and authorizing the execution and delivery of a ground lease and a lease-purchase agreement, and if it is determined that the hereinafter described certificates are to be sold and executed and delivered, a trust agreement and a purchase agreement as well as, in either case, other necessary agreements, instruments and documents; if determined that such certificate should be sold and executed and delivered as provided herein, approving the sale and execution and delivery of certificates of participation in such lease purchase agreement to provide the necessary financing therefor; delegating to the Interim Management Services Director of the City of Flagstaff, Arizona, the authority to determine when bids for such land and buildings shall be accepted, to determine whether such lease purchase agreements shall be negotiated directly or such certificates underwritten to finance such projects, to designate the final principle amount, maturity dates, interest rates and payment dates and other matters with respect to such lease purchase agreement and to accept a proposal as determined as provided herein for either the negotiation of such lease purchase agreement or purchase of such certificates; if such certificates are underwritten, approving preparation and distribution of a preliminary official statement and a final official statement; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution and declaring this resolution to be an emergency.

Councilmember Haughey moved for adoption, seconded by Councilmember Evans.  The vote was unanimous in favor.

8.     COUNCIL DISCUSSION ITEMS

(No items were submitted.)

9.      PUBLIC PARTICIPATION

John Dunford thanked the Council for its thoughtful budget.

10.   INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF,

REQUESTS FOR FUTURE AGENDA ITEMS

a.

Fourth of July Aerial Display.

The City will host a Fourth of July holiday event in conjunction with the Flagstaff Mall and the Automall dealers.

Councilmember Evans asked for an update regarding VISTA volunteers to help with the Neighborhood Registry Program.

Mayor Presler asked for assistance from veteran groups and the community to raise $600 in order to correct the spelling of a World War II Navajo codetalker’s name on his headstone.

11.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 9:16  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 June 2, 2009.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 29th day of July, 2009.

CITY CLERK