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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

 

April 20, 2010

5:30 p.m.

 

A meeting of the Flagstaff City Council was held on April 20, 2010 convening at 5:33 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

 

No minutes were submitted.

 

4.        PUBLIC PARTICIPATION

 

None.

 

5.       CONSENT AGENDA

 

A.

Consideration of Payment of Legal Expenses:  Fred Nackard Land Company, et al. versus City of Flagstaff.

 

 

RECOMMENDED ACTION:

Authorize additional payment of $12,500.00, not to exceed a total of $287,500.00, for attorney fees and costs.

 

B.

Consideration of Payment of Claims Expenses and/or Settlement Costs:  J. Pete versus City of Flagstaff.

 

 

RECOMMENDED ACTION:

(1)

Authorize payments not to exceed a total of $50,000.00 in claim expenses and/or settlement costs; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

C.

Consideration of Payment of Claims Expenses and/or Settlement Costs:  Jennifer Stallard versus City of Flagstaff.

 

 

RECOMMENDED ACTION:

(1)

Authorize payments not to exceed a total of $50,000.00 in claim expenses and/or settlement costs; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

D.

Consideration of Payment of Claims Expenses and/or Settlement Costs:  David Arendt and Diana Arendt versus City of Flagstaff.

 

 

RECOMMENDED ACTION:

(1)

Authorize additional payments of $25,000.00 not to exceed a total of $50,000.00 in claim expenses and/or settlement costs; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

E.

Consideration of Approval Confirming Settlement of Claim, Payment of Claim Investigation, and Settlement Expenses:  Jeremy Anderson versus City of Flagstaff.

 

 

RECOMMENDED ACTION:

Authorize total claim expenses not to exceed $27,000.00 as follows:

 

 

 

(1)

Approve confirming settlement of claim in the amount of $25,000.00;

 

 

(2)

Approve additional $2,000.00 for City’s adjuster and attorney fees; and

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

F.

Consideration of Permit Agreement:  Recreational community agriculture project.

 

 

RECOMMENDED ACTION:

Approve the permit agreement with Flagstaff Foodlink.

 

G.

Consideration of Renewal of Cooperative Fire Rate Agreement:  Forests and wildlands fire protection.

 

 

RECOMMENDED ACTION:

Approve the agreement with the Arizona State Forestry Division.

 

H.

Consideration of Audited Financial Reports:  For the Year ending June 30, 2009.

 

 

RECOMMENDED ACTION:

Approve the June 30, 2009 Comprehensive Annual Financial Report and the Single Audit Report.

 

I.

Consideration of Construction Manager at Risk Phase Services Agreement:  Izabel Homes Project Phase I.

 

 

RECOMMENDED ACTION:

(1)

Approve the Construction Manager at Risk Construction Phase Service Agreement with Loven Contracting, Inc., in an amount not to exceed $514,179.66;

 

 

(2)

Authorize change order authority in the amount of $25,708.98 (5%) to cover potential costs associated with unanticipated or additional items of work; and

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

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

 

Returning to Item 5A, Councilmember Haughey declared a conflict of interest, removed himself from the podium, and did not enter into discussion or vote.

 

Vice Mayor White moved to approve the recommended action, seconded by Councilmember Evans.  The motion passed on unanimous with Councilmember Haughey being excused from the vote due to a conflict of interest.

 

Councilmember Haughey returned to the meeting.

 

Returning to Item 5F, Councilmember Swanson moved to approve the recommendation action, seconded by Vice Mayor White.  The vote was unanimous in favor.

 

Council then returned to Item 5H with a motion from Councilmember Overton to approve the recommended action.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

6.      PUBLIC HEARING ITEMS

 

A.

Consideration of Public Hearing (PC LUP 2010-001)A request by Flagstaff Nackard, L.L.C. to amend the Flagstaff Area Regional Land Use and Transportation Plan to change the land use designation for a 1.03-acre parcel located at 4800 East Railhead Avenue from Institutional to Industrial Light-Medium.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Councilmember Haughey declared a conflict of interest for Items 6A, 6B, 6C, and 6D; removed himself from the podium; and did not enter into discussion or vote on any of the above items.

 

Vice Mayor White moved to open the public hearing, seconded by Councilmember Overton.  The motion passed on unanimous vote.  Councilmember Haughey was excused from the vote due to a conflict of interest.

 

Vince Knaggs, Planning Development Manager, explained that the Planning and Zoning Commission voted to forward the rezoning request to the City Council with a recommendation for approval subject to the condition that the applicant remove the fire training tower within 18 months from the day of Council approval.  The applicant, Flagstaff Nackard, L.L.C., disagrees with the condition and is requesting that Council approve the rezoning without the condition.

 

Denny Birkland, Real Estate Manager, noted that the sales contract with Flagstaff Nackard, L.L.C. did not require the removal of the fire training tower.  In addition to the minimum bid, the applicant set aside an extra $15,000.00 in an escrow account to offset the rezoning and landfill fees, should the building be demolished.

 

David Stephens, the applicant’s representative, assured the Council that the training tower is structurally sound and secure.  The request for proposals did not require the applicant to remove any structures and Mr. Nackard never intended to remove the fire training tower.

 

Kent Hotsenpiller, Mogollon Engineering, stated that the property will be fenced into the Nackard’s adjoining property, and he committed to the Council that the fire tower will be made safe for human use.

 

Councilmember Overton moved to close the public hearing, seconded by Councilmember Evans.  The motion passed on unanimous vote with Councilmember Haughey being excused due to a conflict of interest.

 

B.

Consideration of Resolution No. 2010-22:  A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan to change the land use designation of a 1.03 acre parcel of land located at 4800 East Railhead Avenue from Institutional to Industrial Light-Medium.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-22 by title only.

Adopt Resolution No. 2010-22.

 

Councilmember Overton moved to read Resolution No. 2010-22 by title only.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.  Councilmember Haughey was excused from the vote due to a conflict of interest.

 

Title was read as follows:

 

 

Resolution No. 2010-22

 

 

 

A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan to change the land use designation of a 1.03 acre parcel of land located at 4800 East Railhead Avenue from Institutional to Industrial Light-Medium.

 

 

Vice Mayor White moved to adopt Resolution No. 2010-22.  The motion was seconded by Councilmember Overton and passed on unanimous vote.  Councilmember Haughey was excused from the vote due to a conflict of interest.

 

C.

Consideration of Public Hearing (PC REZ 2010-001):  A request by Flagstaff Nackard, L.L.C. to rezone a 1.03-acre parcel located at 4800 East Railhead Avenue from PL-O&B-E, Public Lands Open Space and Buildings District Established to C4-E, Commercial Service District Established.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Councilmember Overton moved to open the public hearing, seconded by Vice Mayor White.  The motion passed on unanimous vote with Councilmember Haughey excused from the vote due to a conflict of interest.

 

There being no citizen input, Councilmember Overton moved to close the public hearing.  The motion was seconded by Councilmember Evans and passed on unanimous vote.  Councilmember Haughey was excused from the vote due to a conflict of interest.

 

D.

Consideration of Ordinance No. 2010-11:  An ordinance rezoning a 1.03-acre parcel located at 4800 East Railhead Avenue from PL-O&B-E, Public Lands Open Space and Buildings Zoning District Established to C4-E, Commercial Service Zoning District Established.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-11 for the first time by title only.

 

 

Councilmember Overton moved to read Ordinance No. 2010-11 for the first time by title only with the following amendments:

 

 

WHEREAS, the Planning and Zoning Commission has formally considered the present rezoning application following proper notice and hearing on March 24, 2010, and has recommended approval of the requested rezoning application subject to a certain condition set forth below in Section 1; and

 

 

 

WHEREAS, the staff has recommended approval of the rezoning application, subject to the condition recommended by the Planning and Zoning Commission set forth below, and the Council has considered the condition and has found it to be appropriate for the development of the Subject Property; and

 

 

 

WHEREAS, the Council finds that the proposed rezoning with condition would not be detrimental to the uses of adjoining parcels or to other uses within the vicinity;

 

 

 

SECTION 1.  That the Subject Property be rezoned from PL-O&B-E, Public Lands Open Space and Buildings Zoning District Established, to C4-E, Commercial Service Zoning District Established, subject to the following condition:.

 

 

 

SECTION 1.1.  The fire training building shall be removed from the Subject Property within eighteen (18) months from the date of approval and adoption of this Ordinance.

 

 

Vice Mayor White seconded the motion which passed on majority vote with Vice Mayor White and Councilmembers Brewster, Evans, and Overton in favor, and Mayor Presler and Councilmember Swanson opposed.  Councilmember Haughey was excused from the vote due to a conflict of interest.

 

Title was read as follows:

 

 

Ordinance No. 2010-11

 

 

 

An ordinance rezoning a 1.03-acre parcel located at 4800 East Railhead Avenue from PL-O&B-E, Public Lands Open Space and Buildings Zoning District Established to C4-E, Commercial Service Zoning District Established.

 

 

Councilmember Haughey returned to the meeting.

 

7.      REGULAR AGENDA

 

A.

Consideration of Applicants for Appointments:  Flagstaff City – Coconino County Public Library Board.  [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 City resident appointment to a term expiring November, 2012, and ratify the appointment of Supervisor Carl Taylor, Coconino County.

 

Councilmember Haughey moved to appoint Ruth Garrison to a term expiring November, 2012, and to ratify the appointment of Supervisor Carl Taylor, Coconino County Supervisor.  The motion was seconded by Vice Mayor White and passed on unanimous vote.

 

B.

Consideration of Ordinance No. 2010-06:  An ordinance of the City Council of the City of Flagstaff, Arizona, amending Flagstaff City Code, Title 7, Water System Regulations, by adopting the “2010 Amendments to City Water System Regulations Title 7, Flagstaff City Code Section 7-03-001-0016, Cross Connection Control”, by reference.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-06 for the final time by title only.

Adopt Ordinance No. 2010-06.

 

Councilmember Brewster moved to read Ordinance No. 2010-06 for the final time by title only.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2010-06

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, amending Flagstaff City Code, Title 7, Water System Regulations, by adopting the “2010 Amendments to City Water System Regulations Title 7, Flagstaff City Code Section 7-03-001-0016, Cross Connection Control”, by reference.

 

 

Vice Mayor White moved to adopt Ordinance No. 2010-06, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

C.

Consideration of Ordinance No. 2010-07:  An ordinance authorizing the City of Flagstaff to enter into an agreement with the Arizona Game and Fish Commission for the City’s acquisition of approximately three acres of land located at 3701 Cochise Drive in exchange for discharge of Class A reclaimed wastewater into the Rio de Flag and Francis Short Pond for wildlife habitat enhancement.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-07 for the final time by title only.

Adopt Ordinance No. 2010-07.

 

Councilmember Overton moved to read Ordinance No. 2010-07 for the final time by title only.  The motion was seconded by Vice Mayor White and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2010-07

 

 

 

An ordinance authorizing the City of Flagstaff to enter into an agreement with the Arizona Game and Fish Commission for the City’s acquisition of approximately three acres of land located at 3701 Cochise Drive in exchange for discharge of Class A reclaimed wastewater into the Rio de Flag and Francis Short Pond for wildlife habitat enhancement.

 

 

Vice Mayor White moved to adopt Ordinance No. 2010-07, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

 

D.

Consideration of Resolution No. 2010-20:  A resolution of the Flagstaff City Council adopting Notice of Intention to increase water, reclaimed water, and wastewater rates or rate components, fees or service charges, and establishing a date for a public hearing on the proposed changes.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-20 by title only.

Adopt Resolution No. 2010-20.

 

Vice Mayor White moved to read Resolution No. 2010-20 by title only, seconded by Councilmember Brewster.

 

Councilmembers asked that the public have various opportunities to provide input, and that the open houses be well advertised.

 

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

 

Title was read as follows:

 

 

Resolution No. 2010-20

 

 

 

A resolution of the Flagstaff City Council adopting Notice of Intention to increase water, reclaimed water, and wastewater rates or rate components, fees or service charges, and establishing a date for a public hearing on the proposed changes.

 

 

Vice Mayor White moved to adopt Resolution No. 2010-20.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

E.

Consideration of Resolution No. 2010-21:  A resolution approving the City of Flagstaff 2010/2011 Annual Action Plan and authorizing its submission to the United States Department of Housing and Urban Development.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-21 by title only.

Adopt Resolution No. 2010-21.

 

Vice Mayor White moved to read Resolution No. 2010-21 by title only, seconded by Councilmember Haughey.

 

Paul Giguere, Flagstaff YMCA Director, requested that Council consider their proposal for 2010/2011 Community Development Block Grant funds, and remarked that they provide daycare for homeless mothers who need a safe place for their children to stay while they seek employment.

 

Todd Sherman, Director of Flagstaff Shelter Services, appealed to the Council to support their proposal, and noted that since 2007 the temporary shelter has provided over 15,000 bed nights to over 980 homeless individuals.

 

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

 

Title was read as follows:

 

 

Resolution No. 2010-21

 

 

 

A resolution approving the City of Flagstaff 2010/2011 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. 2010-21, seconded by Councilmember Evans.  The motion passed on majority vote with Vice Mayor White and Councilmembers Brewster, Evans, Haughey and Overton in favor, and Mayor Presler and Councilmember Swanson opposed.

 

F.

Consideration of Purchase under the Strategic Alliance for Volume Expenditures (S.A.V.E.) Contract:  Contract employment program for retirees—employee leaseback.

 

 

RECOMMENDED ACTION:

Approve the purchase from SmartWorks Plus for an annual amount up to $800,000, plus applicable taxes.

 

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

 

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

Aye

 

Councilmember Swanson

Nay

 

8.       COUNCIL DISCUSSION ITEMS

 

A.

Consideration of Council Discussion:  City Attorney’s memo regarding lobbyist memo.

 

 

RECOMMENDED ACTION:

None.

 

Vice Mayor White moved to waive client-attorney privilege in order to discuss the City Attorney’s opinion memo to the City Council dated April 15, 2010, which provided legal advice regarding lobbyist Bob Holmes’s memo.  The motion was seconded by Councilmember Evans.

 

City Attorney Boomsma clarified that if the Council chooses to waive client-attorney privilege, not only will her legal memo become public, but anything directly related to the memo will also be waived, such as Bob Holmes’ memo.

 

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

 

 

Mayor Presler

Nay

 

Vice Mayor White

Aye

 

Councilmember Brewster

Aye

 

Councilmember Evans

Aye

 

Councilmember Haughey

Aye

 

Councilmember Overton

Aye

 

Councilmember Swanson

Aye

 

Mayor Presler removed herself from the podium and turned over the chair to Vice Mayor White.  She stated that waiving attorney-client privilege and any discussion of Attorney Boomsma’s memo would equate political activity at a Council meeting with the intention to influence the outcome of an election.

 

Explaining his actions as eliminating any perception of campaigning or political activity, Councilmember Haughey likewise removed himself from the podium and did not enter into Council discussion. 

 

Councilmember Overton, referring to the City Attorney’s memo dated April 15, 2010, where the attorney states that City Council meetings are not the appropriate place to discuss possible investigations of alleged criminal or unethical behavior, asked who is authorized to have that discussion.

 

Attorney Boomsma noted that investigating alleged criminal behavior is a matter of prosecutorial discretion.  The City Attorney’s Office typically declares a conflict of interest in cases involving City employees and hires an outside firm to handle the case.

 

Mayor Presler and Councilmember Haughey returned to the meeting.

 

B.

Consideration of Possible Executive Session:  Landry Creedon contract.  A.R.S. § 38-431.03(A)(3) (Legal Advice) and 38-431.03(A)(4) (Contract Negotiations).

 

 

RECOMMENDED ACTION:

None.

 

Councilmember Swanson moved to recess into executive session, seconded by Mayor Presler.  The motion failed on majority roll-call vote as follows:

 

 

Mayor Presler

Nay

 

Vice Mayor White

Nay

 

Councilmember Brewster

Nay

 

Councilmember Evans

Nay

 

Councilmember Haughey

Nay

 

Councilmember Overton

Nay

 

Councilmember Swanson

Aye

 

C.

Consideration of Council Discussion:  Role of Mayor in Washington, D.C. lobbying.

 

 

RECOMMENDED ACTION:

None.

 

Mayor Presler turned over the chair to Vice Mayor White, and she and Councilmember Haughey removed themselves from the podium and did not enter into Council discussion.

 

Vice Mayor asked the City Manager to be prepared to discuss possible funding sources at the upcoming budget hearings to allow two members of the Council to travel to Washington D.C.

 

Councilmember Swanson removed himself from the podium at this time and did not enter into Council discussion.

 

Vice Mayor White moved to table the item to May 25, 2010.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

Mayor Presler and Councilmembers Haughey and Swanson returned to the meeting.

 

D.

Consideration of Council Discussion:  Council ethics policy.

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

Councilmember Evans opened the topic by stating she was surprised that the Council is not bound by the City of Flagstaff employees’ ethic policy and proceeded to distribute a draft policy for the Council.

 

Attorney Boomsma suggested that the Council review the employees’ ethic policy, and, if it is acceptable, the Council can be included under that policy.

 

Council agreed to move the item forward onto a future agenda.

 

Commenting on Item 8A, Preston Korn, resident, contended that delaying the discussion until after the election also influences the outcome of the election.

 

E.

Consideration of Council Discussion:  Facility naming.

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

Council agreed to name a section of the Flagstaff Urban Trail System for former Councilmember Karen Cooper, to allow Rev. David Cooper to decide which segment of the trail to memorialize, and to waive the 2-year waiting period.

 

9.      PUBLIC PARTICIPATION

 

None.

 

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

 

Councilmember Evans asked for an update regarding the home at 501 Tombstone that is in dangerous, structural disrepair.

 

11.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 9:34 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 April 20, 2010.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 2nd day of June, 2010.

 

                                                                           

CITY CLERK