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NOTE:
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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.
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SUMMARIZED MINUTES
COUNCIL MEETING
March 16, 2010
5:30 p.m.
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A meeting of the Flagstaff City
Council was held on March 16, 2010 convening at 5:39 p.m., in the Council
Chambers at City Hall, 211 West Aspen Avenue, Flagstaff, Arizona.
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CALL TO ORDER
The meeting was called to order
by Mayor Presler.
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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.
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2. ROLL CALL
On roll call, the following
were present:
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Mayor Presler
Vice Mayor White
Councilmember Brewster
Councilmember Evans
Councilmember Haughey
Councilmember Overton
Councilmember Swanson
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Also present were:
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Acting City Manager, Ben
Fisk
City Attorney, Patricia
Boomsma
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3. MINUTES
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A.
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Consideration of Minutes: Regular Council Meetings of February 2, 2010, and February 16, 2010;
and Special Council Meeting of February 9, 2010.
RECOMMENDED ACTION: Approve
the minutes as submitted/corrected.
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Councilmember Haughey moved to
approve the minutes as submitted, seconded by Councilmember Brewster. The
motion passed on unanimous vote.
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4. PUBLIC
PARTICIPATION
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None.
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5. CONSENT AGENDA
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A.
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Consideration of
Construction Contract: FUTS Rio North/Crescent Bridge project.
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RECOMMENDED ACTION:
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(1)
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Approve the contract with Austin Bridge & Road L.P., in the amount
of $431,937.00, which includes a contract allowance of $36,000.00, and a
contract period of 151 calendar days;
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(2)
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Authorize change order authority in the amount of $43,193.70 (10%) to
cover potential costs associated with unanticipated or additional items of
work; and
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(3)
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Authorize the City Manager to execute the necessary documents.
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Vice Mayor White moved to
approve the recommended action, seconded by Councilmember Evans.
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Councilmember Swanson moved to
recess into executive session. The motion was seconded by Councilmember
Overton and passed on unanimous vote.
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The Council meeting resumed at
5:54 p.m.
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The motion passed on unanimous
vote.
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6. PUBLIC HEARING
ITEMS
No items were submitted.
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7. REGULAR AGENDA
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A.
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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.]
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RECOMMENDED ACTION:
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Make two appointments to terms expiring May, 2012.
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Councilmember Brewster moved to
appoint Dan Andersen and Philip Scandura Jr. to terms expiring May, 2012.
The motion was seconded by Vice Mayor White and passed on unanimous vote.
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B.
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Consideration of Intergovernmental Agreement: Tier 1 residential energy retrofit
services.
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RECOMMENDED ACTION:
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Approve the intergovernmental agreement with Coconino County in the amount of $52,125.00.
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Vice Mayor White moved to
approve the recommended action, seconded by Councilmember Swanson. The vote
was unanimous in favor.
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C.
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Consideration of Resolution No. 2010-18: A resolution of the City Council of intent to
change the formula by which fire protection service fees are determined.
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RECOMMENDED ACTION:
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Read Resolution No. 2010-18 by title only.
Adopt Resolution No. 2010-18.
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WITHDRAWN.
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D.
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Consideration of Ordinance No. 2010-08: An ordinance amending Section 5-01-001-0003 of
the Flagstaff City Code regarding fire protection services in county islands
and other selected unincorporated property.
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RECOMMENDED ACTION:
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Read Ordinance No. 2010-08 for the first time by
title only.
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WITHDRAWN.
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E.
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Consideration of Resolution No. 2010-13: A
resolution authorizing the City of Flagstaff to enter into a First Amendment
to Development Agreement with Wescap Investments, Inc., to substitute up to
55 townhome-style affordable rental units in lieu of 34 market rate townhome
units at High Country Estates.
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RECOMMENDED ACTION:
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Read Resolution No. 2010-13 by title only.
Adopt Resolution No. 2010-13.
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Vice Mayor White moved to read
Resolution No. 2010-13 by title only. The motion was seconded by
Councilmember Haughey and passed on unanimous vote. Title was read as
follows:
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Resolution No. 2010-13
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A resolution authorizing the
City of Flagstaff to enter into a First Amendment to Development Agreement
with Wescap Investments, Inc., to substitute up to 55 townhome-style
affordable rental units in lieu of 34 market rate townhome units at High
Country Estates.
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Councilmember Haughey moved to
adopt Resolution No. 2010-13, seconded by Councilmember Evans. The motion
passed on unanimous vote.
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F.
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Consideration of Resolution No. 2010-17: A resolution of the Mayor and Council of the
City of Flagstaff, Coconino County, Arizona, declaring official and adopting
the results of the Mail Ballot Primary Election held on March 9, 2010.
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RECOMMENDED ACTION:
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Read Resolution No. 2010-17 by title only.
Adopt Resolution No. 2010-17.
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Councilmember Haughey moved to
read Resolution No. 2010-17 by title only. The motion was seconded by Councilmember
Brewster and passed on unanimous vote.
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Title was read as follows:
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Resolution No. 2010-17
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A resolution of the Mayor and Council of the City of Flagstaff, Coconino County, Arizona, declaring official and adopting the results of the Mail Ballot
Primary Election held on March 9, 2010.
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Vice Mayor White moved to adopt
Resolution No. 2010-17, seconded by Councilmember Brewster. The vote was
unanimous in favor.
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8. COUNCIL
DISCUSSION ITEMS
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A.
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Consideration of Presentation and Council Discussion: smartworksplus.
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RECOMMENDED ACTION:
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Discuss and provide direction, if any.
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Pat Boomsma, City Attorney, and
Ben Fisk, Acting City Manager, declared a conflict of interest, removed
themselves from the dais, and did not enter into the discussion.
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Sandee McClelland, Co-Owner of smartworksplus,
explained that the purpose of the phased retirement program is to benefit
state entities and their employees who reach normal retirement eligibility
through the Arizona State Retirement System. Employees can receive full
retirement benefits while continuing to work at their jobs as contracted
employees of smartworksplus. It is an opportunity to incentify
retirement eligible employees to retire and retain experienced personnel
without having to pay specific benefits.
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Shannon Anderson, Human
Resources Director, noted that the Employee Advisory Committee has reviewed
the program materials and has concerns regarding the impact on lower level
employees and their ability to advance in the organization.
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Some Councilmembers expressed
the same concern as stated above by the Employee Advisory Committee.
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There was majority Council
agreement to direct the City Manager to explore the program as a possible
tool in balancing the budget and to return a recommendation to the Council.
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City Attorney Boomsma and
Acting City Manager Fisk returned to the dais.
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B.
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Consideration of Council Discussion: City Charter Review Advisory Committee.
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RECOMMENDED ACTION:
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Discuss and provide direction, if any.
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The following individuals spoke
in favor of creating a citizens’ charter review advisory committee:
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Joe Ray, Flagstaff Sunnyside
Association
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Lee Harsh, resident
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Jean Griego, Flagstaff
Sunnyside Association
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Tonya Packard, resident
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The speakers noted that:
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A thorough review of the entire
City Charter is years overdue.
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The language is outdated and
incomprehensible to the general public.
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Some contextual items may need
to be reviewed.
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Advisory committee members
should not be limited in the scope of the review.
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Some Councilmembers felt that
the advisory committee should be citizen driven, while others were in favor
of creating a City sponsored commission. Likewise, some sought limitations
on the scope of the review, while others preferred a complete review.
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There was Council consensus
to: (1) create a City sponsored citizens’ Charter review task force by
resolution; (2) assign staff to assist; (3) limit the size to no more than 25
diverse citizens from all areas of the City; (4) incorporate a six month
sunset date; and (5) provide a report to the Council halfway through the
process.
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The Council noted that the
Charter is the City’s governing document and its review should have nothing
to do with concerns regarding individual staff members or the City Council.
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C.
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Consideration of Council Discussion: Bid evaluation process.
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RECOMMENDED ACTION:
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Discuss and provide direction, if any.
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Rick Compau, Purchasing
Director, reported that the draft Procurement Code Manual has been delivered
to the City Attorney’s Office for review. Because the local preference issue
is still being studied by the Rural Policy Institute, it is not included in
the draft manual.
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Councilmember Swanson requested
that: (1) the local preference subject be addressed in the procurement
manual; and (2) more information be included in procurement staff summaries,
such as why a bidder was not qualified or non-responsive.
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Council directed that the
Procurement Code Manual be discussed at a work session first so that a
community conversation can take place before coming to the Council for a vote
and that the manual be available for review by local organizations well
before it is returned to an agenda.
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D.
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Consideration of Council Discussion: House Bill 2632: Immigration, law
enforce-ment, safe neighborhoods.
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RECOMMENDED ACTION:
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Discuss and provide direction, if any.
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The following citizens spoke in
opposition to House Bill 2632:
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Dorothy Rissel, resident
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Maria de Jesus Guillen
Santayaria, resident
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Father Okey Uche, San Francisco
de Asis Church
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Miguel Vasquez, Coconino
Hispanic Advisory Council
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Jason Lowry, Interfaith Council
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Bobby Santillan, resident
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Leah Mundell, Interfaith
Council
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Jorge Villas, resident
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Citizens opposing the House
Bill said the measure will:
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Bring about fear and panic in
communities.
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Disrupt relationships that have
been built between the police and neighborhoods.
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Create impediments to victims
and witnesses in the reporting of crime.
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Josh Copley, Deputy Chief of
Police, pointed out that the Police Department’s goal is to reach out and
encourage collaboration with neighborhoods, and that it is not their job to
decide who has a right to live in the community. The department does not ask
about citizenship status when dealing with a victim or witness to a crime.
There is no information available yet as to how the bill would fiscally
impact the Flagstaff Police Department or the Coconino County Jail.
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Councilmembers were unanimously
opposed to the bill and cited the following reasons why:
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The term “illegal aliens” in
the bill is offensive; the correct term being “undocumented immigrants.”
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Business owners are concerned
with penalties regarding the hiring of undocumented immigrants.
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Scare tactics are being used to
intimidate and cause unrest.
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Cities would bear the cost to
implement the bill, which is another unfunded State mandate.
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The bill will cause impediments
to victims and witnesses in the reporting of crime.
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Valuable relationships between
the police and neighborhoods will be disrupted.
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Councilmembers Evans and
Swanson asked for an update on the City’s contract with the Department of
Public Safety concerning the Gang Intelligence Team Enforcement Mission, and
the fact that the word “immigration” has recently been inserted in the title.
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The Council agreed to send Vice
Mayor White to the State Capitol to speak with legislators in opposition to
House Bill 2632.
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9. PUBLIC
PARTICIPATION
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None.
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10. INFORMATIONAL
ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS FOR
FUTURE AGENDA ITEMS
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Councilmember Evans requested
that Council be less argumentative with citizens who come to the podium to
speak.
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Councilmember Brewster remarked
that she has not yet seen the alternative energy resolution she requested a
few months ago, and asked staff to check on its progress.
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11. ADJOURNMENT
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There being no further business
to come before the Council, the Meeting was adjourned at 9:55 p.m.
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MAYOR
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ATTEST:
CITY CLERK
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CERTIFICATION
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STATE OF ARIZONA,
Coconino County.
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)
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ss.
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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 March 16,
2010. I further certify that the Meeting was duly called and held and that a
quorum was present.
DATED this 7th day
of April, 2010.
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CITY CLERK
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