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 15, 2010

5:30 p.m.

A meeting of the Flagstaff City Council was held on June 15, 2010 convening at 5:30 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 20, 2010, and Special Council Meeting of April 27, 2010.

RECOMMENDED ACTION: Approve the minutes as submitted/corrected.

Vice Mayor White moved to approve the minutes.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

REVIEW OF 2008-2010 CITY COUNCIL ACCOMPLISHMENTS

Mr. Burke reviewed the Council?s accomplishments beween 2008 and 2010 as follows:

·      

Affordable Housing

·      

Community Sustainability

·      

Facilities and Basic Services

·      

Family, Youth and Community

·      

Public Safety

PRESENTATION TO OUTGOING COUNCILMEMBERS

Mr. Burke recognized Councilmembers Haughey?s and Swanson?s service to the City and presented them with a gift of art on behalf of City and staff.

SWEARING-IN CEREMONY OF NEWLY-ELECTED MAYOR AND COUNCILMEMBERS

RECOMMENDED ACTION:

Presiding Magistrate Tom Chotena will swear in the newly-elected Mayor and Councilmembers.

Presiding Magistrate Thomas Chotena swore in Mayor Presler and Councilmembers Barotz, Babbott, and Overton.

RECESS FOR BRIEF RECEPTION FOR NEWLY ELECTED COUNCIL

The meeting recessed for a brief reception at 6:00 p.m.

RECONVENE INTO COUNCIL MEETING

The meeting reconvened at 6:23 p.m.

ROLL CALL OF NEW COUNCIL

Mayor Presler

Councilmember Babbott

Councilmember Barotz

Councilmember Brewster

Councilmember Evans

Councilmember Overton

Vice-Mayor White

CONSIDERATION OF APPOINTMENT OF VICE MAYOR. [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).]

RECOMMENDED ACTION:

Make the appointment at the Council meeting.

Vice Mayor White moved to appoint Councilmember Barotz as Vice Mayor.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

4.      PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING BOARD AND COMMISSION MEMBERS

Joe Galli, Flagstaff Chamber of Commerce, announced that the Fourth of July parade will take place on Saturday, July 3 at 9:00 a.m.

Cheryl Blume, Flagstaff Leadership Program, presented a graduation plaque to Mayor Presler and Councilmember Overton.

Andy Bessler congratulated the new members of the Council and spoke against selling water from the Foxglen wells to the Snowbowl.

A.

Recognition of M.A.N.A. Support Network (Marines, Army, Navy, Air Force).

City Manager Kevin Burke recognized M.A.N.A. as deserving Outstanding Volunteer Recognition and for superior support network contributions.

5.       CONSENT AGENDA

A.

Consideration of Annual Purchase:  Computer hardware and software maintenance.

RECOMMENDED ACTION:

Authorize payments in the total amount of $674,091.00, plus applicable sales tax and a 10% contingency, to the vendors listed in the staff summary attachment.

B.

Consideration of Authorization:  Annual blanket purchase orders exceeding $50,000.00.

RECOMMENDED ACTION:

(1)

Authorize the issuance of blanket purchase orders in the total amount of $972,475.00, plus a 10% contingency, to the vendors in the amounts indicated on the staff summary attachment; and

(2)

Approve confirming payment in the total amount of $79,034.00 to the vendors in the amounts indicated on the FY2010 staff summary attachment.

C.

Consideration of Sole Source Purchase:  Advertising for the Convention and Visitors Bureau.

RECOMMENDED ACTION:

(1)

Approve the purchase of advertising from the Arizona Republic/AZCentral.com in a total amount not to exceed $85,000.00; and from AdReady/BlueKai in a total amount not to exceed $85,000.00; and

(2)

Authorize the City Manager to execute the necessary documents.

D.

Consideration of Sole Source Purchase:  Purchase and installation of computer hardware to provide upgrades to the existing Integrated Library System at Flagstaff libraries.

RECOMMENDED ACTION:

Approve the purchase of library catalog database migration services, new primary server hardware, back-up serve software and set-up services, and the Enterprise web interface product from Sirsi/Dynix in the amount of $126,950.00, plus applicable tax.

E.

Consideration of Annual Bid:  Custodial supplies.

RECOMMENDED ACTION:

Approve the proposal from Xpedx at the prices outlined in the staff summary attachment.

F.

Consideration of Lease Agreement:  Airport ticket counter and office space.

RECOMMENDED ACTION:

(1)

Approve the lease agreement with US Airways, Inc., in a total annual dollar amount of $30,637.80 and additional revenues of $1.05 per 1,000 lbs. of declared maximum certified gross landing weight of aircraft landed; and

(2)

Authorize the City Manager to execute the necessary documents.

G.

Consideration of Supplemental Agreement No. 3:  Pulliam Airport masterplan improvements, Taxiway A Reconstruction, and electrical upgrades project.

RECOMMENDED ACTION:

(1)

Approve Supplemental Agreement No. 3 with Kimley-Horn and Associates, Inc., in the amount of $452,153.00, subject to approval by the Federal Aviation Administration and the Arizona Department of Transportation, Aeronautics Division;

(2)

Authorize change order authority in the amount of $45,215.30 to cover potential costs associated with unanticipated items of work; and

(3)

Authorize the City Manager to execute the necessary documents.

H.

Consideration of Construction Contract:  Cherry Avenue drainage improvements in Old Townsite Neighborhood.

RECOMMENDED ACTION:

(1)

Approve the contract with A. Miner Contracting, Inc., in the amount of $193,990.00, which includes a contract allowance of $25,000.00 and a contract period of 100 calendar days;

(2)

Authorize the City Manager to execute the necessary documents; and

(3)

Authorize change order authority in the amount of $19,399.00 (10%) to cover potential costs associated with unanticipated items of work.

This item was withdrawn.

I.

Consideration of Amendment to Service Agreement:  Arts, cultural, and science programs.

RECOMMENDED ACTION:

(1)

Approve Amendment No. 1 with Flagstaff Cultural Partners, Inc.; and

(2)

Authorize the City Manager to execute the necessary documents.

J.

Consideration of Annual Service Agreement:  Animal shelter services.

RECOMMENDED ACTION:

(1)

Approve the agreement with the Coconino Humane Association in the amount of $165,000; and

(2)

Authorize the City Manager to execute the necessary documents.

K.

Consideration of Amendment No. 2 to Design-Build Contract:  Jay Lively Ice Rink reconstruction project.

RECOMMENDED ACTION:

(1)

Approve Amendment No. 2 with Loven Contracting, Inc., to accept Guaranteed Maximum Price No. 2 for architectural, mechanical, electrical, and plumbing services in the amount of $1,273,074.73, including an owner?s contingency of $60,622.61 and a contract time of 174 calendar days;

(2)

Authorize change order authority in the amount of $127,307.47 to cover potential costs associated with unanticipated or additional items of work; and

(3)

Authorize the City Manager to execute the necessary documents.

L.

Consideration of Addendum to Intergovernmental Agreement:  Court interpreter services.

RECOMMENDED ACTION:

Approve the addendum to the intergovernmental agreement with Coconino County.

M.

Consideration of Intergovernmental Agreement:  Traffic signal pre-emption for City emergency vehicles.

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the Arizona Department of Transportation.

N.

Consideration of Grant Application and Acceptance of Grant Award:  2010 Edward Byrne Memorial Justice Assistance Grant.

RECOMMENDED ACTION:

Approve the grant application to the U.S. Department of Justice and authorize acceptance of grant funds in the amount of $59,192.00.

O.

Consideration of Intergovernmental Agreement:  2010 Edward Byrne Memorial Justice Assistance Grant funds.

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County in the amount of $17,667.00 for the purchase of 20 narrowband/P25 compliant radios for the Coconino County Sheriff?s Office.

P.

Consideration of Intergovernmental Agreement:  Highway Safety Improvement Program matching grant projects.

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the State of Arizona for $150,000.00 in grant funds for the sign management program and project inventory, $25,000.00 in grant funds for pedestrian countdown signals; and a 10% contingency for both projects in City matching funds to cover unanticipated project cost overruns.

Q.

Consideration of Intergovernmental Agreement:  Highway Safety Improvement Program grant funding.

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the State of Arizona in the amount of $40,000.00 for Flagstaff Metropolitan Planning Organization Fiscal Year 2010 safety projects; plus a 10% contingency in City matching funds to cover unanticipated project cost overruns.

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

6.      PUBLIC HEARING ITEMS

A.

Consideration of Liquor License Application:  Danny Thomas, ?Moth Developments,? 506 N. Grant St. #C, Series 04, New License.

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.

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

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

Business owner, Brandon Doss, was present and available for questions.

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

Councilmember Babbott moved to forward the application to the State with a recommendation for approval.  Councilmember White seconded the motion which passed unanimously.

7.      REGULAR AGENDA

A.

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 Citizens Transportation Advisory Committee; and amending Flagstaff City Code, Title 2, Boards 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 final time by title only.

Adopt Ordinance No. 2010-14.

Councilmember White moved to read Ordinance 2010-14 for the final time by title only.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.  Title was read as follows:

Ordinance 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 Citizens Transportation Advisory Committee; and amending Flagstaff City Code, Title 2, Boards 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.

B.

Consideration of Ordinance No. 2010-20:  An ordinance authorizing the City of Flagstaff to enter into a purchase and sale agreement with the United States of America, acting by and through the Forest Service, United States Department of Agriculture, for the purchase of approximately 165 acres of land pursuant to the Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005, P.L. 109-110, 11-22-05, 119 Stat. 2351, and declaring an emergency.

RECOMMENDED ACTION:

(1)

Move to read Ordinance No. 2010-20 for the first time by title only.

(2)

Move to consider the reading of Ordinance No. 2010-20 for the final time by title only (requires unanimous affirmative vote).

(3)

Upon the unanimous vote above, move to read Ordinance No. 2010-20 for the final time by title only.

(4)

Adopt Ordinance No. 2010-20 (requires six affirmative votes).

Councilmember White moved to read Ordinance No. 2010-20 by title only.  The motion was seconded by Councilmember Brewster.

The motion passed on unanimous vote and title was read as follows:

Ordinance 2010-20

An ordinance authorizing the City of Flagstaff to enter into a purchase and sale agreement with the United States of America, acting by and through the Forest Service, United States Department of Agriculture, for the purchase of approximately 165 acres of land pursuant to the Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005, P.L. 109-110, 11-22-05, 119 Stat. 2351, and declaring an emergency.

Councilmember White moved to consider the reading of Ordinance No. 2010-20 for the final time by title only.  The motion passed on unanimous vote after second from Councilmember Evans.

Councilmember White moved to read the ordinance for the final time by title only.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

Following the reading of Ordinance No. 2010-20 for the final time by title only, Councilmember Overton moved to adopt Ordinance No. 2010-20.  Councilmember White seconded the motion which passed unanimously.

C.

Consideration of Resolution No. 2010-46:  Resolution of the Council of the City of Flagstaff, Arizona, declaring for purposes of Section 1.150-2 of the Federal Treasury Regulations, Official Intent to be Reimbursed in Connection with Certain Capital Expenditures relating to acquisition of land for open space purposes (Lake Mary Regional Park).

RECOMMENDED ACTION:

Read Resolution No. 2010-46 by title only.

Adopt Resolution No. 2010-46.

Councilmember White moved to read Resolution No. 2010-46 by title only.  The motion was seconded by Councilmember Overton.

The motion passed on unanimous vote and title was read as follows:

Resolution No. 2010-46

Resolution of the Council of the City of Flagstaff, Arizona, declaring for purposes of Section 1.150-2 of the Federal Treasury Regulations, Official Intent to be Reimbursed in Connection with Certain Capital Expenditures relating to acquisition of land for open space purposes (Lake Mary Regional Park).

Councilmember White moved to adopt Resolution No. 2010-46.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

D.

Consideration of Resolution No. 2010-42:  Resolution of the Council of the City of Flagstaff, Arizona, ordering and calling a Special Debt Authorization Election to be held on November 2, 2010, in and for the City of Flagstaff, Arizona, to submit to the qualified electors thereof questions with respect to the sale and issuance of various purpose bonds of the City of Flagstaff, Arizona.

RECOMMENDED ACTION:

Read Resolution No. 2010-42 by title only.

Adopt Resolution No. 2010-42.

Deputy City Manager Ben Fisk presented staff?s project recommendations to Council: the Municipal Court House, Municipal Maintenance Center, Public Safety City Communication System, Red Gap Ranch Environmental Study, Street Improvements, and the Preliminary Design
Study for the Lone Tree Overpass.  Staff has decided to withdraw the recommendation for the Lone Tree Overpass question.

Council discussion revealed unanimous support for the:

·       

Municipal Court Courthouse

·       

Municipal Services Maintenance Center

·       

Public Safety/City Operations Communications Systems, excluding the words ?as they are made availlable?.

·       

Street Improvements.

There was not a Council majority to include the Red Gap Ranch Environmental study on the ballot.

The Council increased the dollar amount for the street improvements question to $16.5 million for placement on the ballot.

Councilmember Babbott moved to read Resolution 2010-42 by title only.  The motion was seconded by Councilmember White and passed on unanimous vote.  Title was read as follows:

Resolution 2010-42

Resolution of the Council of the City of Flagstaff, Arizona, ordering and calling a Special Debt Authorization Election to be held on November 2, 2010, in and for the City of Flagstaff, Arizona, to submit to the qualified electors thereof questions with respect to the sale and issuance of various purpose bonds of the City of Flagstaff, Arizona.

Councilmember White moved to adopt Resolution 2010-42.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

E.

Consideration of Resolution No. 2010-43:  A resolution off the Flagstaff City Council releasing, relinquishing, and surrendering a public pedestrian access easement originally granted by Trinity Heights United Methodist Church.

RECOMMENDED ACTION:

Read Resolution No. 2010-43 by title only.

Adopt Resolution No. 2010-43.

Councilmember Overton moved to read Resolution No. 2010-43 by title only.  Councilmember White seconded the motion.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2010-43

A resolution of the Flagstaff City Council releasing, relinquishing, and surrendering a public pedestrian access easement originally granted by Trinity Heights United Methodist Church.

Councilmember Overton moved to adopt Resolution 2010-43.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

F.

Consideration of Resolution No. 2010-44:  A resolution of the Flagstaff City Council amending Resolution No. 2010-20 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 by changing the public hearing date to July 27, 2010.

RECOMMENDED ACTION:

Read Resolution No. 2010-44 by title only.

Adopt Resolution No. 2010-44.

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

Resolution No. 2110-44

A resolution of the Flagstaff City Council amending Resolution No. 2010-20 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 by changing the public hearing date to July 27, 2010.

Councilmember White moved to adopt Resolution No. 2010-44.  The motion was seconded by Councilmember Babbott and passed on unanimous vote.

8.

COUNCIL DISCUSSION ITEMS

A.

Discussion and Possible Appointment of Interim City Attorney or Possible Delay of City Attorney's Retirement Date.  The City Council may vote to discuss this matter in executive session pursuant to A.R.S. 38-431.03(A)(1)(Personnel) and (A)(4)(Contract Negotiations)].

Council and Ms. Boomsma agreed to extend her retirement date to September 18, 2010.

B.

Update on City Attorney Recruitment Process

RECOMMENDED ACTION:

None.

Based on advice from Shannon Anderson, Human Resources Director, Council agreed to make the hiring salary negotiable.

C.

Discussion of City Council Retreats.

RECOMMENDED ACTION:

Discuss and provide direction.

The upcoming City Council retreat will be held locally and is scheduled for all day Friday and half a day on Saturday.

D.

Consideration of Council Discussion:  Boycott and tourism opportunities.

RECOMMENDED ACTION:

Discuss and provide direction.

The Tourism Section is reaching out to let communities in other States know the City?s position on Senate Bill 1070 so they will not boycott Flagstaff.

E.

Consideration of Council Discussion:  Walnut Canyon.

RECOMMENDED ACTION:

None.

Mayor Presler updated the Council noting that the public comment period has been extended.

9.      PUBLIC PARTICIPATION

None.

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

Councilmember Evans asked for a history on stormwater fees including the total amount collected and how the City has expended the fees.

Councilmember Evans asked for a list of current approved bonds and other capacity information on the current bonds.

Councilmember Evans requested a Section 8 item regarding getting the Council meetings back on television.  City Manager Burke noted the he will be updating the Council on this matter.

Councilmember Evans asked for an appointment with Ryan Roberts regarding hook-up and other fees collected by the City.

Councilmember White asked that Brad Lancaster be brought to Flagstaff to meet with specific City and County invitees.

Councilmember Brewster would like staff to explore the cost of solar recycle bins to go along with solar trash bins in high use areas such as Heritage Square.

Councilmember Overton noted that snow removal and circulations routes could be impacted by changes to the FUSD bus route changes.

Mayor Presler asked that the City?s Real Estate Manager look into finding a four to six unit place for tribal persons who are on dialysis to stay for a few days.

11.    ADJOURNMENT

The meeting was adjourned at 10:48.

Councilmember White moved to convene into Special Executive Session.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

The Special Executive Session was adjourned at 11:56 p.m.

There being no further business to come before the Council, the Meeting was adjourned at 11:56 p.m.

MAYOR

ATTEST:

CITY CLERK