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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 8, 2009

5:30 p.m.

 

A meeting of the Flagstaff City Council was held on September 8, 2009 convening at 6:45 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 - Excused

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 Meetings of July 28, 2009 and August 4, 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

 

Mayor Presler read a proclamation declaring September as Fetal Alcohol Prevention Month in Flagstaff.

 

Lee Harsh, citizen, stated her support for a snow play area in Sunnyside, and her desire for strong and effective noise and property ordinances.

 

5.       CONSENT AGENDA

 

A.

Consideration of Confirming Change Order No. 24 and Final Payment:  Aspen Place at The Sawmill improvement district project.

 

 

RECOMMENDED ACTION:

Approve Confirming Change Order No. 24 and final payment to Pinnacle Grading Inc. in an amount not to exceed $370,276.42.

 

B.

Consideration of Service Agreement:  City Attorney.

 

 

RECOMMENDED ACTION:

Approve the revised agreement.

 

Councilmember Overton moved to approve the Consent Agenda, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

6.      PUBLIC HEARING ITEMS

 

A.

Consideration of Liquor License Application:  James Mankowski, “Lake Mary Mobil”, 4026 S. Lake Mary Road, Series 09, Person and Location Transfer.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

The City Council has the option to:

 

 

 

 

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

 

 

 

Forward the application to the State with no recommendation; or

 

 

 

Forward the application to the State with a recommendation for denial based of 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.

 

Sgt. Ryan Coons, Flagstaff Police Department, conducted the investigation on the liquor license applicant and found no reason to oppose the application.

 

Mark Wagner, Manager of Lake Mary Mobil, spoke on behalf of the applicant and provided details of his and the applicant’s years of successful handling of liquor licenses.

 

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

 

Councilmember Haughey moved to forward the application to the State with a recommendation for approval.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

7.      REGULAR AGENDA

 

A.

Consideration of Applicants for Appointments:  Bond Advisory Task Force.  [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 fifteen appointments.

 

Councilmember Brewster moved to recess into executive session.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

The Council reconvened at 8:43 p.m.

 

Councilmember Brewster moved to appoint Richard Bowen.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

Councilmember Haughey moved to appoint Bill Calloway.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

Mayor Presler moved to appoint Brad Bransky.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

Councilmember Overton moved to appoint Paul Pertuit.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

Councilmember Swanson moved to appoint LaVelle McCoy.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

Councilmember Evans moved to appoint Shannon Sharese.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

Councilmember Brewster moved to appoint Kathleen Viskocil.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

Councilmember Haughey moved to appoint Susie Hunnicut.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

Mayor Presler moved to appoint Ray Morron.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

Councilmember Overton moved to appoint Blake Nabours.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

Councilmember Swanson moved to appoint Celia Barotz.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

Councilmember Evans moved to appoint Brent Schepper.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

 

Councilmember Brewster moved to appoint Dean Nyhart.  The motion was seconded by Councilmember Haughey and passed unanimous vote.

 

Councilmember Haughey moved to appoint Kevin Heinonen.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

 

Mayor Presler moved to appoint Scott Perelstein.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

 

Councilmember Haughey moved to appoint Jim Hunnicut as an alternate.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

B.

Consideration of Applicants for Appointments:  Traffic 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 to terms expiring July, 2012.

 

Councilmember Haughey moved to appoint Joan Jamieson and Bill Parry to citizen terms on the Traffic Commission expiring July 2012.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

C.

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 final time by title only.

Adopt Ordinance No. 2009-25.

 

Councilmember Brewster moved to read Ordinance No. 2009-25 for the final time by title only.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.  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.

 

 

Councilmember Haughey moved to adopt, seconded by Councilmember Swanson and passed on unanimous vote.

 

D.

Consideration of Ordinance No. 2009-27:  An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0015, Playing Ball in Streets.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-27 for the first time by title only.

 

Councilmember Haughey moved to read Ordinance No. 2009-27 for the first time by title only, seconded by Councilmember Swanson.  The vote was unanimous in favor and title was read as follows:

 

 

Ordinance No. 2009-27

 

 

 

An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0015, Playing Ball in Streets.

 

 

E.

Consideration of Ordinance No. 2009-29:  An ordinance of the Council of the City of Flagstaff, Arizona, approving the form and authorizing the execution and delivery of a loan agreement with the Water Infrastructure Finance Authority of Arizona and, if necessary, guaranty or similar agreements to provide reserve fund surety bonds or insurance policies necessary in connection therewith; delegating the determination of certain matters relating thereto to the Management Services Director of the City; providing for the transfer of certain moneys and making certain covenants and agreements with respect thereto; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by such loan agreements, such guaranty or similar agreements and this ordinance and declaring an emergency.

 

 

RECOMMENDED ACTION:

(1)

Move to read Ordinance No. 2009-29 for the first time by title only.

 

 

(2)

Move to consider the reading of Ordinance No. 2009-29 for the final time by title only.

 

 

(3)

Move to read Ordinance No. 2009-29 for the final time by title only.

 

 

(4)

Adopt Ordinance No. 2009-29.

 

Councilmember Swanson moved to read Ordinance No. 2009-29 for the first time by title only, seconded by Councilmember Overton.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2009-29

 

 

 

An ordinance of the Council of the City of Flagstaff, Arizona, approving the form and authorizing the execution and delivery of a loan agreement with the Water Infrastructure Finance Authority of Arizona and, if necessary, guaranty or similar agreements to provide reserve fund surety bonds or insurance policies necessary in connection therewith; delegating the determination of certain matters relating thereto to the Management Services Director of the City; providing for the transfer of certain moneys and making certain covenants and agreements with respect thereto; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by such loan agreements, such guaranty or similar agreements and this ordinance and declaring an emergency.

 

Councilmember Overton moved to read Ordinance No. 2009-29 for the final time by title only, seconded by Councilmember Brewster.  The motion passed on unanimous vote.

 

Following the reading of Ordinance No. 2009-29 for the final time by title only, Councilmember Overton moved to adopt Ordinance No. 2009-29.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

 

F.

Consideration of Ordinance No. 2009-30:  An ordinance of the Council of the City of Flagstaff, Arizona, approving the form and authorizing the execution and delivery of a loan agreement with the Water Infrastructure Finance Authority of Arizona and, if necessary, guaranty or similar agreements to provide reserve fund surety bonds or insurance policies necessary in connection therewith; delegating the determination of certain matters relating thereto to the Management Services Director of the City; providing for the transfer of certain moneys and making certain covenants and agreements with respect thereto; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by such loan agreements, such guaranty or similar agreements and this ordinance and declaring an emergency.

 

 

RECOMMENDED ACTION:

(1)

Move to read Ordinance No. 2009-30 for the first time by title only.

 

 

(2)

Move to consider the reading of Ordinance No. 2009-30 for the final time by title only.

 

 

(3)

Move to read Ordinance No. 2009-30 for the final time by title only.

 

 

(4)

Adopt Ordinance No. 2009-30.

 

Councilmember Swanson moved to read Ordinance No. 2009-30 for the first time by title only.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2009-30

 

 

 

An ordinance of the Council of the City of Flagstaff, Arizona, approving the form and authorizing the execution and delivery of a loan agreement with the Water Infrastructure Finance Authority of Arizona and, if necessary, guaranty or similar agreements to provide reserve fund surety bonds or insurance policies necessary in connection therewith; delegating the determination of certain matters relating thereto to the Management Services Director of the City; providing for the transfer of certain moneys and making certain covenants and agreements with respect thereto; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by such loan agreements, such guaranty or similar agreements and this ordinance and declaring an emergency.

 

 

Councilmember Brewster moved to read Ordinance No. 2009-30 for the final time by title only, seconded by Councilmember Overton.  The motion passed on unanimous vote.

 

Following the reading of Ordinance No. 2009-30 for the final time by title only, Councilmember Swanson moved to adopt Ordinance No. 2009-30.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

G.

Consideration of Ordinance No. 2009-32:  An ordinance amending Section 6-08-001-0005 of the Flagstaff City Code entitled “Large Parties, Gatherings or Events”.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-32 for the first time by title only.

 

 

Councilmember Haughey moved to read Ordinance No. 2009-32 for the first time by title only, seconded by Councilmember Overton.  The vote was unanimous in favor and title was read as follows:

 

 

Ordinance No. 2009-32

 

 

 

An ordinance amending Section 6-08-001-0005 of the Flagstaff City Code entitled “Large Parties, Gatherings or Events”.

 

 

H.

Consideration of Resolution No. 2009-42:  A joint resolution of the Council of the City of Flagstaff, Arizona, and the Board of Supervisors of Coconino County, Arizona, establishing a Domestic Violence Fatality Review Team.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-42 by title only.

Adopt Resolution No. 2009-42.

 

Councilmember Swanson moved to read Resolution No. 2009-42 by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2009-42

 

 

 

A joint resolution of the Council of the City of Flagstaff, Arizona, and the Board of Supervisors of Coconino County, Arizona, establishing a Domestic Violence Fatality Review Team.

 

 

Mayor Presler moved to adopt Resolution No. 2009-42.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

 

I.

Consideration of Resolution No. 2009-43:  A resolution approving amendments to the City Council’s Rules of Procedure.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-43 by title only.

Adopt Resolution No. 2009-43.

 

Councilmember Overton moved to amend the resolution as follows:

 

 

11.08 Motion to Reconsider:  In the event of a tie vote on a motion, only a Councilmember who voted against the defeated motion may move for reconsideration of the action at the next regular meeting of the City Council, but not thereafter.

 

 

The motion was seconded by Councilmember Haughey and failed on majority roll-call vote as follows:

 

 

Mayor Presler

Nay

 

Councilmember Brewster

Nay

 

Councilmember Evans

Nay

 

Councilmember Haughey

Aye

 

Councilmember Overton

Aye

 

Councilmember Swanson

Nay

 

Councilmember Evans moved to read Resolution No. 2009-43 by title only, seconded by Councilmember Swanson.

 

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

 

 

Mayor Presler

Aye

 

Councilmember Brewster

Aye

 

Councilmember Evans

Aye

 

Councilmember Haughey

Nay

 

Councilmember Overton

Nay

 

Councilmember Swanson

Aye

 

Title was read as follows:

 

 

Resolution No. 2009-43

 

 

 

A resolution approving amendments to the City Council’s Rules of Procedure.

 

 

Councilmember Evans moved to adopt Resolution No. 2009-43, seconded by Councilmember Brewster.  The motion passed on majority vote with Mayor Presler and Councilmembers Brewster, Evans and Swanson in favor and Councilmembers Haughey and Overton opposed.

 

8.       COUNCIL DISCUSSION ITEMS

 

A.

Consideration of Council Discussion:  Noise ordinance.

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

Speaking in favor of adopting an ordinance to address commercial noise were:

 

 

Jim McCarthy

 

Collin Weller

 

Dick Hingson

 

Jennifer Hunter

 

Council consensus was to move forward with placing this matter on the Council’s agenda for consideration and formal action.

 

Councilmember Swanson requested that the current “large parties” ordinance be made stronger with measurable consequences, including language to make the property owner responsible for police calls for service.

 

9.      PUBLIC PARTICIPATION

 

None.

 

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

 

As staff develops a Uniform Purchasing Code, Councilmember Brewster asked that questions submitted to bidders include legally acceptable local considerations such as; (1) has the bidder worked with local agencies in the past; and (2) is the bidder familiar with southwestern architecture and the local culture.

 

Councilmember Haughey would like staff to investigate placing a running banner along the bottom of the Council’s live-streamed meetings containing the Councilmembers’ e-mail addresses and/or the Opinion Hot Line phone number.

 

Mayor Presler referenced the Picture Canyon Meander noxious weed eradication program and asked for information on what is being done, and what could be done, to eradicate noxious weeds in the community.

 

11.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 9:12 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 8, 2009.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 6th day of October, 2009.

 

 

 

 

                                                                           

CITY CLERK