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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

 

June 1, 2010

5:31 p.m.

 

 

A meeting of the Flagstaff City Council was held on June 1, 2010 convening at 5:31 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

 

 

None.

 

 

4.        PUBLIC PARTICIPATION

 

 

Lee Harsh spoke regarding the Aspen Group default, rising taxes, suing over immigration, and accountability.

 

 

John Malin, General Manager of Continental Country Club, asked to be informed when water rates are rescheduled.

 

City Manager Kevin Burke stated that the notice will be republished and that July 27 will be the date for public hearing and first reading.

 

 

Jack Doggett congratulated the Council on the outcome of the election and stated his desire for Section 8 items to be handled in another venue.

 

5.      CONSENT AGENDA

 

A.

Consideration of Purchase under Strategic Alliance for Volume Expenditures (SAVE) Intergovernmental Agreement:  Public housing hot water heaters.

 

 

RECOMMENDED ACTION:

Approve the purchase of 265 energy efficient 40-gallon hot water heaters from Maricopa County in the amount of $68,684.24.

 

B.

Consideration of Purchase under the Mohave Educational Service Cooperative Intergovernmental Agreement:  Shower surrounds for Siler Homes, Brannen Homes, and other public housing units.

 

 

RECOMMENDED ACTION:

Approve the purchase of 83 shower surrounds from Parsons in the amount of $129,499.98.

 

C.

Consideration of Construction Contract:  Sunnyside Phase V-A improvements project.

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with RTR Paving and Resurfacing, LLC, in the amount of $454,581.75, which includes the additive alternative in the amount of $51,023.00, a contact allowance of $40,000.00, and a contract period of 120 calendar days;

 

 

(2)

Authorize the City Manager to execute the necessary documents; and

 

 

(3)

Authorize change order authority in the amount of $36,355.00 to cover potential costs associated with unanticipated or additional items of work.

 

D.

Consideration of Funding Agreement:  Owner-occupied housing rehabilitation program.

 

 

RECOMMENDED ACTION:

(1)

Approve the funding agreement with the Arizona Department of Housing for grant funds in the amount of $330,000.00; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

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

 

6.     PUBLIC HEARING ITEMS

 

No items were submitted.

7.      REGULAR AGENDA

 

A.

Consideration of Applicants for Appointments:  Open Spaces Commission.  [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 appointment to an at-large term expiring April, 2013.

 

Councilmember Brewster moved to appoint Bruce Fox to the Open Spaces Commission.  The motion was seconded by Vice Mayor White and passed on unanimous vote.

 

B.

Consideration of Ordinance No. 2010-10:  An ordinance of the City Council of the City of Flagstaff, Arizona, amending the City of Flagstaff Personnel Policies, Article 1-20. ?Compensation? to add a new Section 1-20-53 ?Alternative Work Schedule? to add new subsections related to flex time, compressed work weeks, telecommuting and process; updating Section 1-20-020 ?Appropriate Merit Salary Step? to update position titles to match current organizational structure and update promotion language; replacing Section 1-20-040-B with a new Section 1-20-041 ?Compensatory Time?; updating position titles to match current organizational structure and increasing the number of compensatory hours allowed to be accrued; and updating Section 1-40-010 ?Promotion? to update position titles to match current organizational structure and adding promotion between pay plans, and declaring an emergency.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-10 for the first time by title only.

 

This item was withdrawn.

 

C.

Consideration of Ordinance No. 2010-14:  An ordinance repealing Resolution No. 2001-76, establishing a Citizens Transportation Advisory Committee, and Ordinance No. 2007-17, changing the membership of the Citizen?s Transportation Advisory Committee and amending Flagstaff City Code, Title 2, Board and Commissions, Chapter 2-12, ?Flagstaff Traffic Commission? by amending its name to ?Transportation Commission? and adding oversight provisions regarding the progress and expenditures of the City?s transportation capital improvements program as related to the election of May, 2000.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-14 for the first time by title only.

 

Councilmember Brewster moved to read Ordinance No. 2010-44 by title only.  The motion was seconded by Councilmember Evans and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2010-14

 

 

 

An ordinance repealing Resolution No. 2001-76, establishing a Citizens Transportation Advisory Committee, and Ordinance No. 2007-17, changing the membership of the Citizen?s Transportation Advisory Committee and amending Flagstaff City Code, Title 2, Board and Commissions, Chapter 2-12, ?Flagstaff Traffic Commission? by amending its name to ?Transportation Commission? and adding oversight provisions regarding the progress and expenditures of the City?s transportation capital improvements program as related to the election of May, 2000.

 

D.

Consideration of Resolution No. 2010-37:  A resolution approving an agreement for the Waiver of Claims for Diminution in Value of property applicable to property located at 1688 East Route 66.

 

 

RECOMMENDED ACTION

Read Resolution No. 2010-37 by title only.

Adopt Resolution No. 2010-37.

 

Councilmember Overton moved to read Resolution No. 2010-37 by title only.  Councilmember Brewster seconded the motion.  The motion passed on unanimous vote and title was read as follows:

.

 

Resolution No. 2010-37

 

 

 

A resolution approving an agreement for the Waiver of Claims for Diminution in Value of property applicable to property located at 1688 East Route 66.

 

 

Councilmember Overton moved to adopt Resolution 2010-37.  Councilmember Evans seconded the motion.  The motion passed on unanimous vote.

 

E.

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 final time by title only.

Adopt Ordinance No. 2010-15.

 

Councilmember Haughey moved to read Ordinance No. 2010-15 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. 2010-15:

 

 

 

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.

 

 

Councilmember Haughey moved to adopt Ordinance 2010-15.  The motion was seconded by Vice Mayor White and passed on unanimous vote.

 

F.

Consideration of Resolution No. 2010-40:  A resolution of the Council of the City of Flagstaff authorizing repealing Chapter 1-13 of the City?s Code of Ordinances regarding the Flagstaff Housing Authority and replacing it with new provisions regarding the organization and responsibilities of the Authority and the Board of Commissioners.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-40 by title only.

Adopt Resolution No. 2010-40.

 

Councilmember Evans moved to read Resolution No. 2010-40 by title only.  The motion was seconded by Vice Mayor White.

 

Dana Kjellgren, Senior Assistant Attorney, explained that the exhibit to the draft ordinance (Ordinance No. 2010-19) needs to be changed out and read the amendment into the record as follows: 

 

 

?The exhibit to the resolution is amended and is part of the resolution.?

 

 

Councilmember Evans and Vice Mayor White approved the amendment to their motion and second.

 

The motion passed on majority vote with Vice Mayor White, Councilmembers Brewster, Evans, and Overton voting in favor and Mayor Preslor and Councilmembers Haughey and Swanson voting against.  Title was read as follows:

 

 

Resolution No. 2010-40

 

 

 

A resolution of the Council of the City of Flagstaff authorizing repealing Chapter 1-13 of the City?s Code of Ordinances regarding the Flagstaff Housing Authority and replacing it with new provisions regarding the organization and responsibilities of the Authority and the Board of Commissioners.

 

 

Councilmember Overton moved to adopt Resolution 2010-40.  The motion was seconded by Councilmember Evans and passed on majority vote with Vice Mayor White, Councilmembers                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               Brewster, Evans, and Overton voting in favor and Mayor Presler and Councilmembers Haughey and Swanson opposed.

 

G.

Consideration of Ordinance No. 2010-19:  An ordinance of the Council of the City of authorizing repealing Chapter 1-13 of the City?s Code of Ordinances regarding the Flagstaff Housing Authority and replacing it with new provisions regarding the organization and responsibilities of the Authority and the Board of Commissioners.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-19 for the first time by title only.

 

Councilmember Brewster moved to table.  The motion died due to lack of a second.

 

Ms. Kjellgren; Sara Darr, Housing, Manager; and Pamela Harris, Chairperson of the Flagstaff Housing Authority Board, participated in the discussion.

 

Ms. Kjellgren read amendments to the ordinance into the record as follows:

 

 

?Section 1-13-001-0003(B)(3).  Powers and Responsibilities of the Commissioners.  After ?public housing programs?, insert a comma and the following language, ?programs under Section 8 of the U.S. Housing Act of 1937, as amended,? followed by the words ?and followed?, replacing the ?opportunities? with ?other programs for which the CFHA is authorized to apply.?,

 

 

 

?Section 1-13-001-0003(B)(4) the remainder of the sentence following ? CFHA? should be stricken.

 

 

 

?Section 01-3-001-0004, Use of Funds.  After ?public housing purposes. a comma should be inserted followed by:  ?programs under Section 8 of the U.S. Housing Act of 1937, as amended, and other programs which the CFHA is authorized to administer?.?.

 

 

Issued forwarded from the Housing Authority Board were that (1) the ordinance goes beyond compliance with the City Charter; (2) the Housing Authority should be a department rather than a section, and (3) grant deadlines may not be met.

 

FHA outside counsel has been working with the City Attorney?s Office and drafts have been sent back and forth.  The amendment read into the record addresses concerns expressed by FHA counsel regarding conformance Housing Authority practice.  They have been involved in the draft ordinance and are in agreement with it.

 

Mayor Presler moved to recess into Executive Session.  The motion was seconded by Councilmember Overton and passed on majority vote.  Voting in favor were Mayor Presler, Vice Mayor White, Councilmembers Brewster, Haughey, Overton and Swanson.  Voting against was Councilmember Evans.

 

The meeting recessed into Executive Session at 8:57 p.m.

 

The meeting resumed at 9:32 p.m.

 

Councilmember Evans moved to read Ordinance No. 2010-19 for the first time by title only.  The motion was seconded by Councilmember Overton.

 

The ordinance restructures the framework of the Housing Authority, but it doesn?t contain nuts and bolts.  Its crafting has come over a two-year period with legal input from its inception.  The goal was to set up the framework and then allow the new Council to make any amendments they wish.  Next steps are to put together a transition team to address issues and began integration.  Meetings are already taking place with Housing Authority Staff to focus on a transition plan.  Without a legal framework, that work cannot begin.

 

Councilmember Evans restated her motion to read Ordinance No. 2010-19, to include the amendment as read into the record.  The restated motion was seconded by Councilmember Overton.

 

The motion passed by majority roll call vote as follows:

 

 

Mayor Presler

Nay

 

Vice Mayor White

Aye

 

Councilmember Brewster

Aye

 

Councilmember Evans

Aye

 

Councilmember Haughey

Nay

 

Councilmember Overton

Aye

 

Councilmember Swanson

Nay

 

Title was read as follows:

 

 

Ordinance No. 2010-19

 

 

 

An ordinance of the Council of the City of authorizing repealing Chapter 1-13 of the City?s Code of Ordinances regarding the Flagstaff Housing Authority and replacing it with new provisions regarding the organization and responsibilities of the Authority and the Board of Commissioners.

 

 

H.

Consideration of Resolution No. 2010-39:  A resolution of the Mayor and Council of the City of Flagstaff, Coconino County, Arizona, declaring official and adopting the results of the General Election held on May 18, 2010.

 

 

RECOMMENDED ACTION:

Read Resolution No. 1010-39 by title only.

Adopt Resolution No. 2010-39.

 

Councilmember Haughey moved to read Resolution No. 2010-39 by title only.  The motion was seconded by Vice Mayor White and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2010-39

 

 

 

A resolution of the Mayor and Council of the City of Flagstaff, Coconino County, Arizona, declaring official and adopting the results of the General Election held on May 18, 2010.

 

 

Vice Mayor White moved to adopt Resolution No. 2010-39.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

I.

Consideration of Resolution No. 2010-41:  A resolution of the Council of the City of Flagstaff amending Resolution No. 2010-31 to increase the total amount of the temporary building fee waiver program funds to $90,000.00.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-41 by title only.

Adopt Resolution No. 2010-41.

 

Councilmember Overton excused himself from this item due to a conflict of interest.  He did not discuss or vote on this item.

 

Councilmember Evans moved to read Resolution No. 2010-41 by title only.  The motion was seconded by Vice Mayor White and passed on unanimous vote.  Councilmember Overton was excused from the vote.  Title was read as follows:

 

 

Resolution No. 2010-41

 

 

 

A resolution of the Council of the City of Flagstaff amending Resolution No. 2010-31 to increase the total amount of the temporary building fee waiver program funds to $90,000.00.

 

 

Councilmember Evans moved to adopt Resolution No. 2010-31.  Vice Mayor White seconded the motion.  The motion passed on unanimous vote.  Councilmember Overton was excused and did not vote.

 

J.

Consideration of 2010 League of Arizona Cities and Town Resolutions.

 

 

RECOMMENDED ACTION:

Review and approve resolutions to submit to the League of Arizona Cities and Towns.

 

City Manager Kevin Burke pulled the Housing Resolution.

 

Councilmember Brewster moved to approve the resolutions to submit to the League of Arizona Cities and Towns.  The motion was seconded by Vice Mayor White and passed unanimously.

 

8.      DISCUSSION ITEMS

 

A.

Discussion of Litigation Challenging SB 1070:  Arizona?s recently passed Immigration Bill.

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

There are several issuees of concern in Senate Bill 1070.  Of the five lawsuits that have been filed against the State, Flagstaff could join Tucson?s lawsuit.  The cost to do so would be in the neighborhood of cost of $20,000 to $25,000 through the first round.  Because it would be an unbudgeted expenditure, the funds would have to come from contingency.

 

Those speaking in favor of litigation against SB 1070 were:

 

 

Gerald Wood

 

George Villas

 

Juan Higuera

 

Norm Wallen

 

Marina Carbajal

 

Miguel Vazquez

 

Speaking against was:

 

 

Merle Frank Henderson

 

Council instructed the City Attorney to move forward with the lawsuit.

 

B.

Discussion of Issues and Concerns Surrounding Mayor?s and Councilmembers? Federal, State, and Tribal Lobbying and Negotiating on Behalf of the City:

 

 

(1)

Bob Holmes? Memorandum (July 2009 trip) and Landry Creedon Lobbying Contract.

 

(2)

City?s Relationships with Members of Congress, White House, and related Staff.

 

(3)

Possible Misuse of Public Funds.

 

(4)

Mayor?s Conduct at Washington, D.C., Airport during July, 2009 Trip.

 

 

RECOMMENDED ACTION:

None.

 

Bob Holmes, Landry Creedon, participated in the discussion.

Councilmembers agreed that there is a need to repair relationships among themselves and work together to better Flagstaff.  Council concurred that the memo should have been brought to their attention at the time it was written in July, 2009 so that the issues could have been resolved at that time.  Councilmembers have responsibility for accountability and transparency.

 

Concern was expressed that the timing of the memo?s release was meant to influence the outcome of the mayoral election.

 

Because the Council has no code of ethics, there was no process for handling the memo.  Furthermore, the issues raised in the memo did not rise to the level of illegal activity.  The City Manager should not be in a position of policing the behavior of those for whom he works.

 

Those speaking in support of the Mayor were:

 

 

Andrew Kruse

 

Larry Fitchett

 

John Dunford

 

Jessica Fitchett

 

Norm Wallen

 

Jane Scholes

 

Marina Carbajol

 

Brett Mierendorf

 

Bobby Parker

 

Traci Holland

 

Andrea McLean

 

Ariel Leonard

 

Ian Kaplan

 

Jeannine Brandel

 

Councilmembers pointed out that the memo needed to be taken seriously and that lobbying agendas need to be submitted and approved by the Council in advance.  Ground rules and resolutions need to be developed.

 

Council directed forward movement with an ethics policy to be discussed at the upcoming retreat with the new Council.

 

C.

Discussion of Request for Inquiry into Possible Charter Violations by Mayor and Council.

 

 

RECOMMENDED ACTION:

None.

 

Councilmember Haughey, in deferring discussion to a later date, reminded the Council of the CouncilManager relationship and how that relates to directing staff.

.

D.

Consideration of Council Discussion:  Ethics policy.

 

 

RECOMMENDED ACTION:

None.

 

In response to Council?s desire to see ethics policies from other cities, Mr. Burke commented that the work has already begun and a draft will be developed for the retreat.

 

9.      PUBLIC PARTICIPATION

 

None.

 

10.    INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS

 

FOR FUTURE AGENDA ITEMS

 

Responding to Councilmember Evans? request, an agenda item to discuss meetings and agendas, length of meetings, Robert?s Rules, and consistency of 3 minutes of public participation will be scheduled for the July retreat.

 

Councilmember Overton asked that a date be set for councilmember appointments to boards and commissions.

 

Mayor Presler requested appropriate recognition for outgoing City Councilmembers and the outgoing City Attorney.

 

11.    ADJOURNMENT

 

There being no further business to come before the Council, the meeting was adjourned at 10:38 p.m.

 

 

 

                                                                         

MAYOR

 

 

ATTEST:

                                                                           

CITY CLERK