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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

 

March 16, 2010

5:30 p.m.

 

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.

 

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:

 

 

Acting City Manager, Ben Fisk

City Attorney, Patricia Boomsma

 

3.       MINUTES

 

A.

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.

 

Councilmember Haughey moved to approve the minutes as submitted, seconded by Councilmember Brewster.  The motion passed on unanimous vote.

 

4.        PUBLIC PARTICIPATION

 

None.

 

5.       CONSENT AGENDA

 

A.

Consideration of Construction Contract:  FUTS Rio North/Crescent Bridge project.

 

 

RECOMMENDED ACTION:

(1)

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;

 

 

(2)

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

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

Vice Mayor White moved to approve the recommended action, seconded by Councilmember Evans.

 

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

 

The Council meeting resumed at 5:54 p.m.

 

The motion passed on unanimous vote.

 

6.      PUBLIC HEARING ITEMS

 

No items were submitted.

 

7.      REGULAR AGENDA

 

A.

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.]

 

 

RECOMMENDED ACTION:

Make two appointments to terms expiring May, 2012.

 

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.

 

B.

Consideration of Intergovernmental Agreement:  Tier 1 residential energy retrofit services.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County in the amount of $52,125.00.

 

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

 

C.

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.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-18 by title only.

Adopt Resolution No. 2010-18.

 

WITHDRAWN.

 

D.

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.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-08 for the first time by title only.

 

WITHDRAWN.

 

E.

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.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-13 by title only.

Adopt Resolution No. 2010-13.

 

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:

 

 

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.

 

 

Councilmember Haughey moved to adopt Resolution No. 2010-13, seconded by Councilmember Evans.  The motion passed on unanimous vote.

 

F.

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.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-17 by title only.

Adopt Resolution No. 2010-17.

 

Councilmember Haughey moved to read Resolution No. 2010-17 by title only.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

Title was read as follows:

 

 

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.

 

 

Vice Mayor White moved to adopt Resolution No. 2010-17, seconded by Councilmember Brewster.  The vote was unanimous in favor.

 

8.       COUNCIL DISCUSSION ITEMS

 

A.

Consideration of Presentation and Council Discussion:  smartworksplus.

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

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.

 

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.

 

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.

 

Some Councilmembers expressed the same concern as stated above by the Employee Advisory Committee.

 

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.

 

City Attorney Boomsma and Acting City Manager Fisk returned to the dais.

 

B.

Consideration of Council Discussion:  City Charter Review Advisory Committee.

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

The following individuals spoke in favor of creating a citizens’ charter review advisory committee:

 

 

Joe Ray, Flagstaff Sunnyside Association

 

 

Lee Harsh, resident

 

 

Jean Griego, Flagstaff Sunnyside Association

 

 

Tonya Packard, resident

 

 

The speakers noted that:

 

 

·          

A thorough review of the entire City Charter is years overdue.

 

·          

The language is outdated and incomprehensible to the general public.

 

·          

Some contextual items may need to be reviewed.

 

·          

Advisory committee members should not be limited in the scope of the review.

 

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.

 

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.

 

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.

 

C.

Consideration of Council Discussion:  Bid evaluation process.

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

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.

 

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.

 

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.

 

D.

Consideration of Council Discussion:  House Bill 2632:  Immigration, law enforce-ment, safe neighborhoods.

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

The following citizens spoke in opposition to House Bill 2632:

 

 

Dorothy Rissel, resident

 

Maria de Jesus Guillen Santayaria, resident

 

Father Okey Uche, San Francisco de Asis Church

 

Miguel Vasquez, Coconino Hispanic Advisory Council

 

Jason Lowry, Interfaith Council

 

Bobby Santillan, resident

 

Leah Mundell, Interfaith Council

 

Jorge Villas, resident

 

Citizens opposing the House Bill said the measure will:

 

 

·          

Bring about fear and panic in communities.

 

·          

Disrupt relationships that have been built between the police and neighborhoods.

 

·          

Create impediments to victims and witnesses in the reporting of crime.

 

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.

 

Councilmembers were unanimously opposed to the bill and cited the following reasons why:

 

 

·          

The term “illegal aliens” in the bill is offensive; the correct term being “undocumented immigrants.”

 

·          

Business owners are concerned with penalties regarding the hiring of undocumented immigrants.

 

·          

Scare tactics are being used to intimidate and cause unrest.

 

·          

Cities would bear the cost to implement the bill, which is another unfunded State mandate.

 

·          

The bill will cause impediments to victims and witnesses in the reporting of crime.

 

·          

Valuable relationships between the police and neighborhoods will be disrupted.

 

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.

 

The Council agreed to send Vice Mayor White to the State Capitol to speak with legislators in opposition to House Bill 2632.

 

9.      PUBLIC PARTICIPATION

 

None.

 

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

 

Councilmember Evans requested that Council be less argumentative with citizens who come to the podium to speak.

 

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.

 

11.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 9:55 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 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.

 

                                                                         

CITY CLERK