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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

 

May 4, 2010

5:30 p.m.

 

A meeting of the Flagstaff City Council was held on May 4, 2010 convening at 5:45 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

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 Meeting of April 6, 2010 and Special Council Meeting of April 13, 2010.

 

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 PROCLAMATIONS, AND RECOGNITION OF OUTGOING BOARD AND COMMISSION MEMBERS

 

Councilmember Haughey acknowledged and thanked Kathi Clark for her service on the Traffic Commission.

 

Robert White, resident, requested that Council direct staff to investigate the Fire Department for possible campaign violations or violations of City policies regarding City employees using City resources or their positions to influence the outcome of an election.  He charged that the firefighters have been politically active while on duty.

 

5.       CONSENT AGENDA

 

A.

Consideration of Contract Renewal:  Property/casualty insurance.

 

 

RECOMMENDED ACTION:

(1)

Authorize extension of insurance brokerage agreement for a 6-month period with Willis of Arizona through December 31, 2010; and

 

 

(2)

Approve insurance renewal proposal from Willis of Arizona for the period of June 1, 2010 to May 31, 2011 in an amount not to exceed $938,482.00, including brokerage fees.

 

B.

Consideration of Consulting Services Agreement:  Parks, Recreation, and Open Space organizational master plan.

 

 

RECOMMENDED ACTION:

(1)

Approve the agreement with AECOM Technical Services, Inc. in the amount of $100,000.00 with a contract allowance of $5,000.00 (5%) and an anticipated completion date of eighteen (18) months from start date;

 

 

(2)

Authorize change order authority in the amount of $10,000.00 (10%) to cover potential costs associated with unanticipated or additional items of work; and

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

C.

Consideration of Construction Contract:  Route 66 Flagstaff Urban Trail Landscape and irrigation improvement project.

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with Land-Tech in the amount of $158,000.00 with a contract allowance of $15,000.00 and a contract period of 120 calendar days;

 

 

(2)

Authorize change order authority in the amount of $14,300.00 (10%) to cover potential costs associated with unanticipated items of work; and

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

D.

Consideration of Memorandum of Understanding:  Community cultural exchange, economic development initiatives, and water supplies.

 

 

RECOMMENDED ACTION:

Approve the memorandum of understanding with the San Carlos Apache Tribe.

 

E.

Consideration of Change in Meeting Time:  May 18, 2010 Council Meeting.

 

 

RECOMMENDED ACTION:

Reschedule beginning time of the May 18, 2010 Council meeting to begin at 4:00 p.m.

 

Councilmember Swanson moved to approve the Consent Agenda.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

6.      PUBLIC HEARING ITEMS

 

A.

Consideration of Liquor License Application:  James Leonora, ?Butler Chevron?, 2295 E. Butler Avenue, 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:

 

 

(1)

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

 

 

(2)

Forward the application to the State with no recommendation; or

 

 

(3)

Forward the application to the State with a recommendation for denial based on the testimony received at the public hearing and/or other factors.

 

Vice Mayor White moved to open the public hearing.  Councilmember Overton seconded the motion.  The motion passed on unanimous vote.

 

Sgt. Ryan Coons conducted the background investigation and found no reason to oppose the application.

 

The applicant was not present.

 

Vice Mayor White moved to close the public hearing.  The motion was seconded by Councilmember Brewster.  The motion passed on unanimous vote.

 

Vice Mayor White 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.

 

B.

Consideration of Public Hearing (PC LUP 2010-002):  A request by the City of Flagstaff to amend the Flagstaff Area Regional Land Use and Transportation Plan to change the land use designation for a .71-acre parcel located at 1688 East Route 66 from Urban Open Space to Community and Regional Commercial.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Vice Mayor White moved to open the public hearing.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

There was no public participation.

 

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

 

C.

Consideration of Public Hearing (PC REZ 2010-002):  A request by the City of Flagstaff to rezone a .71-acre parcel located at 1688 East Route 66 from Rural Residential District to C3-E, Highway Commercial District established.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Vice Mayor White moved to open the public hearing.  Councilmember Haughey seconded the motion which passed on unanimous vote.

 

Andy Fernandez requested that open space in the City be saved.

 

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

 

7.      REGULAR AGENDA

 

A.

Consideration of Ordinance No. 2010-12:  An ordinance amending Title 1, Administration, Chapter 1-17, City Finances, by adding Section 1-17-001-0006, Procedures for Filing and Reviewing Claims for Diminution in Value pursuant to A.R.S. § 12-1134.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-12 for the first time by title only.

 

Councilmember Haughey moved to read Ordinance No. 2010-12 for the first time by title only.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2010-12

 

 

 

An ordinance amending Title 1, Administration, Chapter 1-17, City Finances, by adding Section 1-17-001-0006, Procedures for Filing and Reviewing Claims for Diminution in Value pursuant to A.R.S. § 12-1134.

 

 

B.

Consideration of Resolution No. 2010-24:  A resolution pursuant to Article IX of the City Charter and Title 16 of the Arizona Revised Statutes, designating polling places and election boards for the May 18, 2010 General Election, and declaring an emergency.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-24 by title only.

Adopt Resolution No. 2010-24.

 

Councilmember Haughey moved to read Resolution No. 2010-24 by title only.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2010-24

 

 

 

A resolution pursuant to Article IX of the City Charter and Title 16 of the Arizona Revised Statutes, designating polling places and election boards for the May 18, 2010 General Election, and declaring an emergency.

 

 

Councilmember Haughey moved to adopt Resolution No. 2010-24.  The motion was seconded by Vice Mayor White and passed on unanimous vote.

 

C.

Consideration of Resolution No. 2010-26:  A resolution approving an agreement for the waiver of claims for diminution in value of property applicable to property located at 4800 East Railhead Avenue.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-26 by title only.

Adopt Resolution No. 2010-26.

 

Councilmember Haughey declared a conflict of interest and did not participate in the discussion or the vote.

 

Councilmember Evans moved to read Resolution 2010-26 by title only.  The motion was seconded by Councilmember Overton and passed on unanimous vote.  Councilmember Haughey was excused from the vote.  Title was read as follows:

 

 

Resolution No. 2010-26

 

 

 

A resolution approving an agreement for the waiver of claims for diminution in value of property applicable to property located at 4800 East Railhead Avenue.

 

 

Councilmember Overton moved to adopt Resolution No. 2010-26.  The motion was seconded by Vice Mayor White and passed on unanimous vote.  Councilmember Haughey did not participate in the vote.

 

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 Building Zoning District Established to C4-E, Commercial Service Zoning District Established.

 

 

RECOMMENDED ACTION:

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

Adopt Ordinance No. 2010-11.

 

Councilmember Haughey declared a conflict of interest and did not enter into discussion or vote.

 

Councilmember Evans moved to read Ordinance No. 2010-11 for the final time by title only, seconded by Vice Mayor White.  The motion 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 Building Zoning District Established to C4-E, Commercial Service Zoning District Established.

 

 

Vice Mayor White moved adopt Ordinance No. 2010-11, seconded by Councilmember Brewster. The motion 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. 

 

Councilmember Haughey returned to the meeting.

 

E.

Consideration of Resolution No. 2010-27:  A resolution extending the Environmental Maintenance Facility Fee of $2.50 per ton to pay for the Environmental Services portion of the new municipal services center.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-27 by title only.

Adopt Resolution No. 2010-27.

 

Vice Mayor White moved to read Resolution No. 2010-27 by title only.  The motion was seconded by Councilmember Brewster.

 

Councilmember Haughey made an amendment to the motion requesting that Option 2 be adopted which allows the Environmental Maintenance Facility Fee to continue until May 3, 2011.  The amendment was accepted by Vice Mayor White and Councilmember Brewster.

 

A roll call vote was taken as follows:

 

 

Mayor Presler

Aye

 

Vice Mayor White

Aye

 

Councilmember Brewster

Aye

 

Councilmember Evans

Aye

 

Councilmember Haughey

Aye

 

Councilmember Overton

Nay

 

Councilmember Swanson

Nay

 

Title was read as follows:

 

 

 

 

Resolution No. 2010-27

 

 

 

A resolution extending the Environmental Maintenance Facility Fee of $2.50 per ton to pay for the Environmental Services portion of the new municipal services center, as amended.

 

 

Vice Mayor White moved to adopt Resolution No. 2010-27.  The motion was seconded by Councilmember Brewster and passed on majority vote.  Voting in favor to adopt was Mayor Presler, Vice Mayor White, Councilmembers Brewster, Evans and Haughey.  Voting against were Councilmembers Overton and Swanson.

 

8.       COUNCIL DISCUSSION ITEMS

 

A.

Presentation on Bond Advisory Task Force Recommendations.

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

Deputy City Manager Ben Fisk opened the discussion by introducing two speakers, Barbara Goodrich, Management Services Director and LaVelle McCoy, Chairman of the Bond Advisory Task Force.

 

Barbara Goodrich, Management Services Director, gave a presentation regarding bond capacity.  Barbara explained that there would be a drop in secondary assessed valuation in fiscal year 2012.  $74,000,000 is available now for new bond capacity.  The bond capacity can be taken out to $100,000,000 however, the additional $26,000,000 debt could not be incurred until 2017.

 

Councilmember Swanson left the room.

 

Lavelle McCoy, Chairman of the Bond Advisory Task Force, presented the recommendations of the task force. After reviewing 24 proposed projects, the Bond Advisory Task Force recommended the (1) Municipal Services Maintenance Facility, (2) Municipal Court Facility, (3) unfunded Sunnyside Improvements, (4) Public Safety Radio System, and (5) Red Gap Environmental Study.

 

The Bond Advisory Task Force also recommended that the total project list approved by the City Council not exceed $74 million in general obligation capacity amount in order to keep the secondary property tax at the current rate.

 

Mr. Fisk asked that the Council provide direction at the next Council meeting.

 

Councilmember Swanson returned to the meeting.

 

B.

Update Regarding Status of Objections to New State Immigration Law.

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

Mayor Presler explained that the Governor has signed amendments to the original Senate Bill. The City of Tucson, however, has voted in favor of filing an injunction against SB 1070.

 

Councilmember Evans moved to direct the City Attorney to hire legal counsel to file an injunction/lawsuit opposing SB 1070.  Vice Mayor White seconded the motion.

 

Those speaking in favor of the motion were:

 

 

Peggy Sheldon-Seulock

 

Father Pat

 

Bob Lomadafkie

 

George Villas

 

Joel Olsen

 

Aaron Levy

 

Norm Wallen

 

Blasé Scarnati

 

Sterling Smith

 

Loretta Velasco

 

Pamela Merino

 

Andy Fernandez

 

Mark Harrison

 

Zoe Whitehouse

 

Miguel Vasquez

 

Leah Mundell

 

Don Fanning

 

Doug Ballard

 

Collin Weller

 

Mrs. Ocereial

 

Chelsey Burden

 

Marco Antonio Pumar

 

Diane Van Cornewal

 

Evan Hawbaker

 

James Kennedy

 

Theresa Mabry

 

Alexis Cabala

 

Anson Lehosit

 

Ed Dunn

 

Maria DeJesus Guillen

 

Timothy Prow

 

Monica Brown

 

Cathy Ann Trotta

 

Anna Maria Ortiz

 

Allison Crow

 

Justine Strong

 

James Anderson

 

Laura Margarita Merino Hernandez

 

Ian Kaplan

 

Luis Fernandez

 

Katherine Curran

 

Nayeli Limones

 

Opposed to the motion were:

 

 

Clifford Alexander

 

Roger Boone

 

Joy Staveley

 

Michael Dugan

 

Merle Henderson

 

Mayor Presler directed the City Attorney to read into the record a resolution that had been prepared.  Ms.  Boomsma read the resolution as follows:

 

 

WHEREAS, during this time of extreme economic distress when the City of Flagstaff has seen a decline in revenues in excess of 30% over the last three years; an unemployment rate of 8.3% as of March 2010, and a 14% reduction in force to city staff including the elimination of 13 police positions; Senate Bill 1070 constitutes an unfunded mandate by the State of Arizona to carry out federal immigration enforcement responsibilities; and

 

 

 

WHEREAS, Senate Bill 1070 represents an impediment to law enforcement as victims of crimes who are, or who have a family member (spouse, parent, grandparent, etc.) who is unlawfully present in the United States, are unlikely to report crimes despite legal exceptions within the bill thereby impeding the effectiveness of law enforcement officials to enforce laws and arrest perpetrators of the law.

 

 

 

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE COUNCIL OF THE CITY OF FLAGSTAFF AS FOLLOWS:

 

 

 

SECTION 1.  The City Council hereby authorizes legal action challenging SB 1070 (Chapter 113) and HB 2162 (Chapter 211), enacted during the Arizona Forty-ninth Legislature, Second Regular Session, 2010.

 

 

 

SECTION 2.  The City Attorney is hereby directed to retain legal counsel best suited for accomplishing this legal objective.

 

 

 

SECTION3.  The City Manager is directed to set up an account to allow interested persons to donate money towards payment of such legal expenses.

 

 

A roll-call vote was taken on the motion and passed unanimously as follows:

 

 

Mayor Presler

Aye

 

Vice Mayor White

Aye

 

Councilmember Brewster

Aye

 

Councilmember Evans

Aye

 

Councilmember Haughey

Aye

 

Councilmember Overton

Aye

 

Councilmember Swanson

Aye

 

Mayor Pressler moved to read the Resolution by title only.  The motion was seconded by Councilmember Evans and passed on unanimous roll-call vote as follows:

 

 

Mayor Presler

Aye

 

Vice Mayor White

Aye

 

Councilmember Brewster

Aye

 

Councilmember Evans

Aye

 

Councilmember Haughey

Aye

 

Councilmember Overtone

Aye

 

Councilmember Swanson

Aye

 

Title was read as follows:

 

 

A Resolution authorizing a legal challenge to Senate Bill 1070 and House Bill 2162.

 

 

Councilmember Evans moved to adopt the Resolution. The motion was seconded by Vice Mayor White and passed on unanimous vote.

 

C.

Consideration of Council Discussion:  Funding for the Regional Plan Citizens Advisory Committee.

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

City Manger Kevin Burke stated that an additional $1,000.00 will be budgeted to provide meals for the volunteers when meetings run late.  There is $40,000 available for the Discussion Theatre.  He requested direction from the Council whether to look for funding to pay interns to work on the web site.

 

Councilmember Evans expressed concern that the website needs to be updated and that the Council needs to be made aware of funding deficiencies for the Regional Plan.

 

Vice Mayor White spoke about the value of ?livable cities? and how Flagstaff is on the right track.

 

9.      Public Participation

 

Andy Fernandez thanked the Council for its action on the immigration issue.

 

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

 

Vice Mayor White will miss a meeting due to another commitment and asked that any discussion of the allegations against the Mayor be scheduled at time when all Councilmembers can be present.

 

Councilmember Haughey expressed concern that some neighborhoods in Flagstaff have not received their census forms.

 

Mayor Presler will be talking with the City Manger regarding the large number of e-mails and phone calls coming into the Mayor?s office.

 

Vice Mayor White stated there is a desire for a bus stop at Sandstone Heights and that the Disability Awareness Committee will be looking into bus accessibility for those with disabilities.

 

11.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 10:27 p.m.

 

 

                                                                         

MAYOR

 

ATTEST:

                                                                           

CITY CLERK