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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

 

September 15, 2009

5:30 p.m.

 

A meeting of the Flagstaff City Council was held on September 15, 2009 convening at 5:42 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

 

(Note:  Items 7C and 6B respectively were taken first.)

 

3.       MINUTES

 

A.

Consideration of Minutes: Regular Council Meeting of August 18, 2009.

 

RECOMMENDED ACTION: Approve the minutes as submitted/corrected.

 

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

 

4.        PUBLIC PARTICIPATION

 

Stephen Knutson expressed his unhappiness with the Council over the lack of a sustainable model for the City.

 

5.       CONSENT AGENDA

 

A.

Consideration of Construction Contract:  West and Sixth Street intersection project.

 

 

RECOMMENDED ACTION:

(1)

Approve the contract with RTR Paving and Surfacing in the amount of $181,048.00, which includes a contract allowance of $36,000.00 and a contract period of 45 calendar days;

 

 

(2)

Authorize change order authority in the amount of $18,105.00 (10%) to cover potential costs associated with unanticipated or additional items of work; and

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

B.

Consideration of Construction-Manager-at-Risk Contract: Design phase services for the Izabel Homes project.

 

 

RECOMMENDED ACTION:

(1)

Approve the contract with Loven Contracting, Inc. in the amount not to exceed $13,313.00;

 

 

(2)

Authorize change order authority in the amount of $1,331.00 (10%) to cover the potential costs associated with unanticipated or additional items of work; and

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

C.

Consideration of Annual Bid:  Public defender services.

 

 

RECOMMENDED ACTION:

(1)

Reject the only proposal submitted by the law office of Tony Gonzales, PLLC in response to the initial request for proposals; and

 

 

 

(2)

Approve the proposal from Kirkpatrick and Harris, P.C. in response to the second request for proposals, for an annual total amount of $160,000.00 with a 35 increase in years two (2) and three (3).

 

D.

Consideration of Grant Agreement:  Community Development Block Grant- Recovery (CDBG-R).

 

 

RECOMMENDED ACTION:

(1)

Approve the grant agreement with U.S. Department of Housing and Urban Development in the amount of $165,677.00; and

 

 

 

(2)

Authorize the Mayor, City Manager, or Deputy City Manager to execute the necessary documents.

 

E.

Consideration of Street Closure:  Halloween Harvest.

 

 

RECOMMENDED ACTION:

Approve the street closure of Aspen Ave between San Francisco Street and Leroux Street.

 

Councilmember Overton moved to approve the Consent Agenda with the exception of Item 5E.  The motion was seconded by Councilmember Haughey and passed on unanimous vote with Councilmember Swanson absent.

 

Returning to Item 5E, Councilmember Haughey moved to approve the recommended action, seconded by Councilmember Evans.  Councilmember Swanson was absent from the meeting.

 

Nancy Wardell, a downtown business owner, stated her opposition to the street closure.

 

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

 

6.      PUBLIC HEARING ITEMS

 

A.

Consideration of Liquor License Application:  Paul Moir, “Pilon Latin Kitchen”, 16 N. San Francisco Street, 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;

 

 

 

((3)

Forward the application to the Sate 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.  The motion was seconded by Vice Mayor White and passed on unanimous vote with Councilmember Swanson absent.

 

Lt. Walt Miller found no reason to object to the application based on his background investigation.

 

Paul Moir, the applicant, explained that his business will be situated in the former Café Express location and urged the Council to approve his application.

 

Councilmember Haughey moved to close the public hearing.  The motion was seconded by Vice Mayor White and passed on unanimous vote with Councilmember Swanson absent.

 

Councilmember Haughey moved to forward the application to the State with a recommendation for approval, seconded by Vice Mayor White.  The vote was unanimous in favor with Councilmember Swanson absent.

 

B.

Consideration of Public Hearing (PC REZ 09-002):  A request by the San Francisco de Asis Parish to rezone approximately 28 acres of an existing 107 acre parcel located at 1600 East Route 66 from RR, Rural Residential District, to HR, High Density Residential District.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

This item was taken out of sequence and moved to the second item discussed.

 

Vice Mayor White moved to open the public hearing, seconded by Councilmember Evans.  The vote was unanimous in favor.

 

Speaking in favor of the proposed rezoning were:

 

 

Terrence Milligan, the applicant’s representative

 

Tipper Cullen

 

Bob Wilson

 

Charles Bramlet

 

Richard Brennan

 

Kathy Corroran

 

Rita Martinez

 

Janet Brickey

 

Dorothy Staskey

 

Bruce Nordstrom

 

Paul Grasser

 

Dennis Reverri

 

Judy Louks, on behalf of Dave Clark, an adjacent property owner

 

Father Patrick Mowrer, on behalf of San Francisco de Asis Parish

 

Those opposed to the requested rezoning included:

 

 

Michael Eagan

 

Rita Sorenno

 

Dan Frazier

 

Marilyn Weisman

 

Kathy Morron

Others speaking on the issue who were neither for or against the rezoning included:

 

 

Nat White

 

Eva Hatchner Putzova, on behalf of Friends of Flagstaff’s Future

 

Ron Moser

 

The Council agreed, based on the property owner’s direction, to come back for a first reading on October 6, 2009, and if passed, for a final reading on October 20, 2009.

 

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

 

Councilmember Swanson left the City Council meeting at approximately 9:31 p.m.

 

7.      REGULAR AGENDA

 

A.

Consideration of Applicants for Appointments:  Beautification and Public Art 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 as follows:  one appointment to arts community term expiring June 2010; and one appointment to design professional term expiring June 2012.

 

Mayor Presler moved to appoint Janna Dahl to an arts community term expiring June 2010, and Sara Maier to a design professional term expiring June 2012.  The motion was seconded by Councilmember Overton and passed on unanimous vote with Councilmember Swanson absent.

 

B.

Consideration of Applicants for Appointments:  Historic Preservation 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 professional term expiring December 2011.

 

Councilmember Brewster moved to appoint Thomas Paradis to a professional term expiring December 2011.  The motion was seconded by Councilmember Haughey and passed on unanimous vote with Councilmember Swanson absent.

 

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 violations.

 

 

RECOMMENDED ACTION:

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

Adopt Ordinance No. 2009-13.

 

This item was taken out of sequence and moved up to the first item of the meeting.

 

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

 

Gennifer Homan spoke in opposition of adopting the ordinance.

 

Speaking in favor of adopting the ordinance were:

 

 

Ross Taylor

 

Shawn Balthar

 

Susan Hoefle

 

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

 

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 violations.

 

 

Vice Mayor White moved to adopt Ordinance No. 2009-13, seconded by Councilmember Swanson.  The motion passed on majority roll-call vote with Mayor Presler, Vice Mayor White and Councilmembers Brewster and Swanson in favor, and Councilmembers Evans, Haughey and Overton opposed.

 

D.

Consideration of Reinstatement of Lease:  216 W. Phoenix Avenue.

 

 

RECOMMENDED ACTION:

Approve the reinstatement of lease with Flagstaff Shelter Services, Inc.

 

Councilmember Evans moved to approve the recommended action, seconded by Councilmember Haughey.  The vote was unanimous in favor with Councilmember Swanson absent.

 

E.

Consideration of Ordinance No. 2009-33:  An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0004, Encourage Delinquency.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-33 for the first time by title only.

 

Councilmember Evans moved to read Ordinance No. 2009-33 for the first time by title only.  The motion was seconded by Councilmember Overton and passed on unanimous vote with Councilmember Swanson absent.  Title was read as follows:

 

 

Ordinance No. 2009-33

 

 

 

An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0004, Encourage Delinquency.

 

 

F.

Consideration of Ordinance No. 2009-34:  An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0011, Prostitution.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-34 for the first time by title only.

 

 

Councilmember Evans moved to read Ordinance No. 2009-34 for the first time by title only.  The motion was seconded by Vice Mayor White and passed on unanimous vote with Councilmember Swanson absent.  Title was read as follows:

 

 

 

Ordinance No. 2009-34

 

 

 

 

An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0011, Prostitution.

 

 

G.

Consideration of Resolution No. 2009-44:  A resolution authorizing the dedication of a drainage easement to the State of Arizona to protect a portion of Route 66.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-44 by title only.

Adopt Resolution No. 2009-44.

 

 

Vice Mayor White moved to read Resolution No. 2009-44 by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote with Councilmember Swanson absent  and title was read as follows:

 

 

 

Resolution No. 2009-44

 

 

 

 

A resolution authorizing the dedication of a drainage easement to the State of Arizona to protect a portion of Route 66.

 

 

Vice Mayor White moved to adopt Resolution No. 2009-44.  The motion was seconded by Councilmember Evans and passed on unanimous vote with Councilmember Swanson absent.

 

 

H.

Consideration of Ordinance No. 2009-31:  An ordinance authorizing the dedication and conveyance in fee of the right of way to the State of Arizona for a portion of Route 66.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-31 for the first time by title only.

 

 

Councilmember Overton moved to read ordinance No. 2009-31 for the first time by title only. The motion was seconded by Councilmember Evans and passed on unanimous vote with Councilmember Swanson absent.  Title was read as follows:

 

 

 

Ordinance No. 2009-31

 

 

 

 

An ordinance authorizing the dedication and conveyance in fee of the right of way to the State of Arizona for a portion of Route 66.

 

 

8.       COUNCIL DISCUSSION ITEMS

 

(No items were submitted.)

 

 

9.      PUBLIC PARTICIPATION

 

 

None.

 

 

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 10:18 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 September 15, 2009.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 7th day of October, 2009.

 

 

 

 

 

                                                                        

CITY CLERK