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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

 

August 18, 2009

5:30 p.m.

 

A meeting of the Flagstaff City Council was held on August 18, 2009 convening at 5:30 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

 

 

Also present were:

 

 

City Manager, Kevin Burke

City Attorney, Patricia Boomsma

 

3.       MINUTES

 

A.

Consideration of Minutes: Special Council Meeting of July 28, 2009; and the Special Floodplain Board Meeting of July 28, 2009.

 

RECOMMENDED ACTION: Approve the minutes as submitted/corrected.

 

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

 

4.        PUBLIC PARTICIPATION

 

Lee Harsh, resident, stated her support for the adoption of a property maintenance ordinance.

 

Michael Collier, and two unidentified colleagues, asked the Council to strengthen the City’s noise ordinance to address excess noise from downtown bars and altered motorcycle mufflers.

 

Councilmember Swanson asked that the noise issue be scheduled as a Section 8 discussion item.

 

5.       CONSENT AGENDA

 

A.

Consideration of Grant Application:  Environmental Agency Climate Showcase Communities.

 

 

RECOMMENDED ACTION:

Approve the submission of grant application to the Environmental Protection Agency in the amount of $496,172.00 and an application match of $257,128.00.

 

B.

Consideration of Annual Bid Extension:  Bulk fuel

 

 

RECOMMENDED ACTION:

Approve the extension with Carter Oil for the purchase of unleaded fuel in the amount of $0.015 per gallon; diesel fuel in the amount of $0.0275 per gallon; and diesel winter blend in the amount of $0.0385 per gallon over the Phoenix OPIS weekly price.

 

C.

Consideration of Annual Bid:  Biodiesel fuel.

 

 

RECOMMENDED ACTION:

Approve the annual bid from Carter Oil for purchase of B20 biodiesel fuel in the amount of $0.03 per gallon under the OPIS daily price and B5 in the amount of $0.039 per gallon over the OPIS daily price.

 

D.

Consideration of Contract Renewal:  Animal control services.

 

 

RECOMMENDED ACTION:

Approve the fourth and final contract extension with Coconino County Humane Association in the amount of $175,000.00.

 

E.

Consideration of Construction Contract:  Flagstaff Urban Trails (FUTS) 66 Downtown Trail project.

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with RTR Paving and Resurfacing, LLC., in the amount of $404,365.04 which includes a contract allowance of $39,000.00 and a contract period of 75 calendar days;

 

 

(2)

Authorize the City Manager to execute the necessary documents; and

 

 

(3)

Authorize change order authority in the amount of $40,440.00 (10%) to cover potential costs associated with unanticipated or additional items of work.

 

F.

Consideration of Consulting Service Agreement:  New Public Works maintenance/administrative facility.

 

 

RECOMMENDED ACTION:

(1)

Approve the consulting services agreement with RNL in the amount of $282,751.00;

 

 

(2)

Authorize the City Manger to execute the necessary documents; and

 

 

(3)

Authorize a change order authority in the amount of $28,275.00 (10%) to cover potential costs associated with unanticipated or additional items of work.

 

G.

Consideration of Amendment Two to an Agreement:  Clark Homes.

 

 

RECOMMENDED ACTION:

Approve Amendment Two with Flagstaff Housing Corporation.

 

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

 

Returning to Item 5F, Councilmember Overton moved to approve the recommended action, seconded by Councilmember Evans. 

 

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

 

6.      PUBLIC HEARING ITEMS

 

No items were submitted.

 

7.      REGULAR AGENDA

 

A.

Consideration of Applicants for Appointments:  Park and Recreation 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 three appointments as follows: one appointment to a term expiring August 2011; and two appointments to terms expiring August 2012.

 

Mayor Presler moved to appoint Gregory Kleiner to a term expiring August, 2012, and Denise Burley and Richard Fernandez to terms expiring August, 2011.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

B.

Consideration of Dissolution of Board:  Firefighters’ Relief and Pension Fund Board.

 

 

RECOMMENDED ACTION:

Approve the dissolution of the Firefighters’ Relief and Pension Fund Board.

 

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

 

C.

Consideration of Ordinance No. 2009-13:  An ordinance of the City Council of Flagstaff, Arizona, amending Title 9 of the Flagstaff municipal code by adding Section 9-05-001-0018, “Bicycle Helmets/Protective Equipment”, to require persons under the age of 18 years to wear protective helmets when riding a bicycle, either as the operator or passenger; and to establish a penalty for violation.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-13 for the first time by title only

 

Vice Mayor White moved to read Ordinance No. 2009-13 for the first time by title only, seconded by Councilmember Brewster.

 

Speaking in favor of the ordinance were:

 

 

Mary Alice Berger

 

David Wilson

 

Cole Wilson

 

Shawn Bowker

 

Melissa Dunstan

 

Heather Taylor

 

Anthony Quintile

 

Collin Weller

 

Lizette Milis

 

Community groups supporting the ordinance suggested that the start date be delayed to January 1, 2010 in order to conduct educational outreach and to coordinate with grant funding.

 

Councilmember Evans moved to amend the ordinance to require persons 13 years and younger to wear protective helmets when riding a bicycle, but to provide education to kids up to 18 years old.  The motion failed due to lack of a second.

 

The motion to read 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

 

Following the roll-call vote, title was read:

 

 

Ordinance No. 2009-13

 

 

 

An ordinance of the City Council of Flagstaff, Arizona, amending Title 9 of the Flagstaff municipal code by adding Section 9-05-001-0018, “Bicycle Helmets/Protective Equipment”, to require persons under the age of 18 years to wear protective helmets when riding a bicycle, either as the operator or passenger; and to establish a penalty for violation.

 

 

D.

Consideration of Ordinance No. 2009-19:  An ordinance amending Title 3, “Business” of the Flagstaff City Code by adding a new Chapter 10, entitled “User Fees”, to provide for planning fees, engineering fees, fire fees, police fees, recreation fees, city clerk fees, cemetery fees, and tax licensing and revenue fees.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-19 for the final time by title only.

Adopt Ordinance No. 2009-19.

 

Vice Mayor White moved to read Ordinance No. 2009-19 for the final time by title only, seconded by Councilmember Brewster.

 

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

 

 

Ordinance No. 2009-19

 

 

 

An ordinance amending Title 3, “Business” of the Flagstaff City Code by adding a new Chapter 10, entitled “User Fees”, to provide for planning fees, engineering fees, fire fees, police fees, recreation fees, city clerk fees, cemetery fees, and tax licensing and revenue fees.

 

 

Vice Mayor White moved to adopt Ordinance No. 2009-19, seconded by Councilmember Brewster.

 

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

 

E.

Consideration of Ordinance No. 2009-25:  An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0001, Abandoned Containers.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-25 for the first time by title only.

 

Councilmember Evans moved to read Ordinance No. 2009-25 for the first time by title only, seconded by Vice Mayor White.  The motion passed unanimously and title was read as follows:

 

 

Ordinance No. 2009-25

 

 

 

An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0001, Abandoned Containers.

 

 

F.

Consideration of Resolution No. 2009-39:  A resolution superseding Resolution No. 2009-18 approving the City of Flagstaff 2009/2010 Annual Action Plan and authorizing its submission to the United States Department of Housing and Urban Development.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-39 by title only.

Adopt Resolution No. 2009-39.

Vice Mayor White moved to read Resolution No. 2009-39 by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows.

 

 

Resolution No. 2009-39

 

 

 

A resolution superseding Resolution No. 2009-18 approving the City of Flagstaff 2009/2010 Annual Action Plan and authorizing its submission to the United States Department of Housing and Urban Development.

 

 

Vice Mayor White moved to adopt Resolution No. 2009-39.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

G.

Consideration of Resolution No. 2009-40:  A resolution superseding Resolution No. 2009-26 approving the City of Flagstaff’s substantial amendment to the 2009/2010 Annual Action Plan and authorizing it submission to the United States Department of Housing and Urban Development (HUD).

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-40 by title only.

Adopt Resolution No. 2009-40.

 

Councilmember Overton moved to read Resolution No. 2009-40 by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2009-40

 

 

 

A resolution superseding Resolution No. 2009-26 approving the City of Flagstaff’s substantial amendment to the 2009/2010 Annual Action Plan and authorizing it submission to the United States Department of Housing and Urban Development (HUD).

 

 

Councilmember Haughey moved to adopt Resolution No. 2009-40, seconded by Councilmember Evans.  The vote was unanimous in favor.

 

H.

Consideration of Resolution No. 2009-41:  A resolution approving the City of Flagstaff’s modification of Designation of Adequate Water Supply Application to include Red Gap Ranch.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-41 by title only.

Adopt Resolution No. 2009-41.

 

Councilmember Haughey moved to read Resolution No. 2009-41 by title only, seconded by Councilmember Evans.

 

Stephen Knutson, resident, stated his opposition to the resolution.

 

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

 

 

Resolution No. 2009-41

 

 

 

A resolution approving the City of Flagstaff’s modification of Designation of Adequate Water Supply Application to include Red Gap Ranch.

 

 

Councilmember Haughey moved to adopt Resolution No. 2009-41.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

8.       COUNCIL DISCUSSION ITEMS

 

A.

Consideration of Council Discussion:  Northern Arizona Workforce Training Center.

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

Marshall Whitmyer, (SEDI) Sustainable Economic Development Initiative, provided information and reviewed the benefits of a workforce training center in Flagstaff.

 

A Council majority expressed their interest in a Northern Arizona Workforce Training Center.

 

9.      PUBLIC PARTICIPATION

 

None.

 

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

 

Vice Mayor White asked that the City Council become involved and participate in some way with the Greater Arizona Mayors’ Association.

 

Councilmember Evans requested that staff arrange a work session presentation from Tucson Councilmember Rodney Glassman regarding rainwater harvesting.

 

Councilmember Haughey asked that the Police Department prepare a report concerning the downtown bar noise issues, perhaps suggesting updates to the current noise ordinance, or other ways to negate the problems.

 

Councilmembers agreed to move the September 1, 2009 Council meeting to September 8, 2009 as several members of the Council will be attending the annual League Conference.

 

Regarding City Fest, Vice Mayor White would like staff to educate and elaborate on the economic condition of the City, and Mayor Presler would like citizens to be given the opportunity to provide feedback.

 

11.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 8:05 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 August 18, 2009.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 16th day of September, 2009.

 

                                                                        

CITY CLERK