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 18, 2010

4:00 p.m.

A meeting of the Flagstaff City Council was held on May 18, 2010 convening at 4:00 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.

No minutes were submitted.

4.        PUBLIC PARTICIPATION

None.

5.       CONSENT AGENDA

A.

Consideration of Street Closure:  2010 Route 66 Days Festival.

RECOMMENDED ACTION:

Approve the street closure of Aspen Avenue between Humphreys and San Francisco and Birch Avenue between Humphreys and San Francisco on Saturday, September 12, 2010.

B.

Consideration of Street Closure:  2010 Northland Hospice Run for Your Life.

RECOMMENDED ACTION:

Approve the street closure of Birch Avenue between Humphreys Street and Sitgreaves on Saturday, June 26, 2010.

C.

Consideration of Alcohol Service on Heritage Square:  Flagstaff Music Festival.

RECOMMENDED ACTION:

Approve the serving of alcohol on Heritage Square from June 19-20, 2010.

D.

Consideration of Construction-Manager-at-Risk Contract:  Street Maintenance Program 2010.

RECOMMENDED ACTION:

(1)

Approve the construction manager at risk contract to C and E Paving and Grading, LLC. In an amount not to exceed $607,680.68; and

(2)

Authorize change order authority in the amount of $60,768.06 (10%) to cover potential costs associated with unanticipated or additional items of work; and

(3)

Authorize the City Manager to execute the necessary documents.

E.

Consideration of Amendment No. 6 to Design/Build Agreement:  Flagstaff Fire Station No. 2.

RECOMMENDED ACTION:

(1)

Approve the amendment with FCI Constructors, Inc. to accept Guaranteed Maximum Price No. 6 in the amount of $2,903,851.00, which includes a contract allowance of $68,627.00, and a contract time of 330 calendar days; and

(2)

Authorize the City Manager to execute the necessary documents.

Councilmember Haughey moved to approve the Consent Agenda with the exception of Item E.  The motion was seconded by Councilmember Brewster and passed unanimously.

Returning to Item E, Councilmember Overton moved to approve the recommended action.  The motion was seconded by Councilmember Evans.

Julie Leid, Leed Coordinator, Northern Arizona Branch of the United States Green Building Council, spoke in favor of the project.

Mayor Presler requested Ms. Leid return to a work session in the future to provide more information regarding LEED standards and certifications.

The motion passed on unanimous vote.

6.      PUBLIC HEARING ITEMS

No items were submitted.

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 final time by title only.

Adopt Ordinance No. 2010-12.

Councilmember Overton moved to read Ordinance No. 2010-12 for the final time by title only.  The motion was seconded by Councilmember Evans 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.

Councilmember Haughey moved to adopt Ordinance 2010-12.  Councilmember Brewster seconded the motion which passed unanimously.

B.

Consideration of Resolution No. 2010-29:  A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan to change the land use designation of a .71 acre parcel of land located at 1688 East Route 66 from Urban Open Space designation to Community and Regional Commercial designation.

RECOMMENDED ACTION:

Read Resolution No. 2010-29 by title only.

Adopt Resolution No. 2010-29.

Councilmember Brewster moved to read Resolution No. 2010-29 by title only.  The motion was seconded by Councilmember Overton and passed on unanimous vote.  Title was read as follows:

Resolution No. 2010-29

A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan to change the land use designation of a .71 acre parcel of land located at 1688 East Route 66 from Urban Open Space designation to Community and Regional Commercial designation.

Councilmember Haughey moved to adopt Resolution 2010-29.  The motion was seconded by Councilmember Evans and the vote was unanimous in favor.

C.

Consideration of Ordinance No. 2010-15:  An ordinance rezoning a .71 acre parcel located at 1688 East Route 66 from RR, Rural Residential Zoning District, to C3-E, Highway Commercial Zoning District Established.

RECOMMENDED ACTION:

Read Ordinance No. 2010-15 for the first time by title only.

Councilmember Overton moved to read Ordinance No. 2010-15 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. 2010-15

An ordinance rezoning a .71 acre parcel located at 1688 East Route 66 from RR, Rural Residential Zoning District, to C3-E, Highway Commercial Zoning District Established.

D.

Consideration of Resolution No. 2010-25:  A resolution rejecting all proposals for the purchase of City owned real property on John Wesley Powell Boulevard for a Traditional Neighborhood Development including workforce housing.

RECOMMENDED ACTION:

Read Resolution No. 2010-25 by title only.

Adopt Resolution No. 2010-25.

Councilmember Haughey moved to read Resolution No. 2010-25 by title only, seconded by Councilmember Evans.

City staff members Jim Cronk, Erica Mezza, Sarah Darr and Patrick Brown were present for the discussion.

Tom Brewster, AZNorth Development, the successful bidder, has requested a ?Market Recovery Timeline? extension beyond the September 17, 2010 expiration date.

Mike Naifeh, representing Juniper Point, the second most successful bidder, asked the Council to reconsider rejecting the bids stating that his company is ready and available to move forward.  They will negotiate by the September 17, 2010 deadline.

Bill Ring, on behalf of Juniper Point, urged the Council to advance negotiations with he and his client and get job done by September.  The developer can offer 158 finished lots with five builders in line to build on the lots.

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

The meeting recessed into executive session at 4:33 p.m. and resumed at 5:00 p.m.

Due to negotiations and the development process, staff does not believe the September 17, 2010 deadline is realistic.  If anything is to be different in a new RFP, that information is needed at the June 1 meeting.

Mayor Presler moved to table for one week to a special council meeting, seconded by Councilmember Overton.  The motion passed on majority vote with Mayor Presler and  Councilmembers Brewster, Evans and Overton voting in favor, and Councilmembers Haughey and Swanson opposed.

E.

Consideration of Resolution No. 2010-28:  A resolution authorizing the City of Flagstaff to enter into the Picture Canyon agreement with the State of Arizona, acting through the Arizona State Land Department, providing for a right-of-way for constructing improvements and extending the term of a special use permit.

RECOMMENDED ACTION:

Read Resolution No. 2010-28 by title only.

Adopt Resolution No. 2010-28.

Councilmember Overton moved to read Resolution No. 2010-28 by title only.  The motion was seconded by Councilmember Evans as passed unanimously.  Title was read as follows:

Resolution No. 2010-28

A resolution authorizing the City of Flagstaff to enter into the Picture Canyon agreement with the State of Arizona, acting through the Arizona State Land Department, providing for a right-of-way for constructing improvements and extending the term of a special use permit.

Councilmember Haughey moved to adopt Resolution 2010-28.  Councilmember Brewster seconded the motion.  The motion passed on unanimous vote.

F.

Consideration of Resolution No. 2010-31:  A resolution approving a temporary building and planning fee waiver program.

RECOMMENDED ACTION:

Read Resolution No. 2010-31 by title only.

Adopt Resolution No. 2010-31.

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

Councilmember Evans moved to read Resolution 2010-31 by title only.  Councilmember Haughey seconded the motion.

John Monihan spoke in favor of the resolution.

The motion passed on majority vote with Councilmembers Brewster, Evans, Haughey and Swanson voting in favor and Mayor Presler voting against.  Councilmember Overton was excused from the vote due to a conflict of interest.  Title was read as follows:

Resolution No. 2010-31

A resolution approving a temporary building and planning fee waiver program.

Councilmember Haughey moved to adopt Resolution No. 2010-13, seconded by Councilmember Evans.  The motion passed on majority vote.  Voting in favor were Councilmembers Brewster, Evans, Haughey and Swanson.  Voting against was Mayor Presler.  Councilmember Overton was excused from the vote due to a conflict of interest.

G.

Consideration of Resolution No. 2010-36:  A resolution authorizing participation by the City of Flagstaff in the Economic Collaborative of Northern Arizona.

RECOMMENDED ACTION:

Read Resolution No. 2010-36 by title only.

Adopt Resolution No. 2010-36.

Councilmember Overton moved to read Resolution No. 2010-36 by title only.  The motion was seconded by Councilmember Evans and passed on unanimous vote.  Title was read as follows:

Resolution No. 2010-36

A resolution authorizing participation by the City of Flagstaff in the Economic Collaborative of Northern Arizona.

Councilmember Haughey moved to adopt Resolution No. 2010-36.  The motion was seconded by Councilmember Evans and passed unanimously.

8.       COUNCIL DISCUSSION ITEMS

A.

Consideration of Council Discussion:  Social Media Policy.

RECOMMENDED ACTION:

Discuss and provide direction, if any.

David Monihan, Jr. spoke both for and against a social media policy distinguishing between public and private e-mail addresses.

9.      PUBLIC PARTICIPATION

David Skopec spoke in opposition of the Council?s decision to sue the State regarding SB 1070.

Michael Dugan spoke in opposition of the Council?s decision to sue the State regarding SB 1070.

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

Councilmember Haughey requested an update regarding the televising of Council meetings.

11.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 6:26 p.m.

MAYOR

ATTEST:

CITY CLERK