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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

SPECIAL COUNCIL MEETING

June 8, 2010

5:30 p.m.

 

 

A Special meeting of the Flagstaff City Council was held on June 8, 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.        PUBLIC PARTICIPATION, PROCLAMATIONS, AND RECOGNITION OF OUTGOING BOARD AND COMMISSION MEMBERS

 

Mayor Presler recognized Olga Noyes for her service on the Flagstaff Housing Authority Board.

 

 

Councilmember Brewster recognized Jacqueline Dierks-Walker for her service on the Open Spaces Commission.

 

 

Mayor Presler opened the meeting to public participation.  There being none, public participation was closed.

 

5.      CONSENT AGENDA

A.

Consideration of Payment of Legal Services:  A. Miner Contracting v. City of Flagstaff and related Presidio in the Pine bankruptcy cases.

 

RECOMMENDED ACTION:

Approve payment to Mangum Wall Stoops & Warden in the amount of $35,000.00 and authorize payment up to an additional $40,000.00.

 

B.

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 $60,622.21 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.

 

This item was postponed to the June 15, 2010 meeting.

 

C.

Consideration of Supplemental Lease Agreements No. 2:  HVAC improvements for U.S.G.S. Building No. 6.

 

RECOMMENDED ACTION:

Authorize payment of project costs in an amount not to exceed $115,604.00 and reimbursement by the General Services Administration upon completion of project.

 

Councilmember White moved to approve Items 5A and 5C.  Councilmember Evans seconded the motion.  The motion passed on unanimous vote.

 

6.     PUBLIC HEARING ITEMS

A.

Consideration of Public Hearing:  Truth in Taxation, proposed Fiscal Year 2010/11 Budget, and property tax levy.

 

RECOMMENDED ACTION:

Open the public hearing.

 

 

Receive citizen input.

 

 

Close the public hearing.

 

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

 

Barbara Goodrich, Management Services Director, presented the Truth in Taxation overview.  The assessed valuation has increased while the rate has decreased having a zero impact on taxpayers.

 

There being no public input, Councilmember Overton moved to close the public hearing.  Councilmember Haughey seconded the motion which passed on unanimous vote.

B.

Consideration of Approval:  Property tax level.

 

RECOMMENDED ACTION:

Approve by roll-call vote the proposed change in property tax level as required through Truth in Taxation disclosure.

Vice Mayor White moved to approve the recommended action.  The motion was seconded by Councilmember Evans and passed on 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

 

C.

Consideration of Resolution No. 2010-33:  A resolution for the adoption of the budget for Fiscal Year 2010-11; and declaring an emergency.

 

RECOMMENDED ACTION:

Read Resolution No. 2010-33 by title only.

Vice Mayor White moved to read Resolution No. 2010-33 by title only.  Councilmember Brewster seconded the motion.  The motion passed on unanimous vote and title was read as follows:

resolution no.  2101-33

 

A resolution for the adoption of the budget for Fiscal Year 2010-33; and declaring an emergency.

 

 

Vice Mayor White moved to adopt Resolution 2010-33. Councilmember Brewster seconded the motion.  The motion passed unanimously.

 

7.      ORDINANCES AND RESOLUTIONS

A.

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 and emergency.]

 

RECOMMENDED ACTION:

(1)

Move to read Ordinance No. 2010-10 for the first time by title only.

 

 

(2)

Move to consider the reading of Ordinance No. 2010-10 for the final time by title only (requires unanimous affirmative vote).

 

 

(3)

Upon unanimous vote above, move to read Ordinance No. 2010-10 for the final time by title only.

 

 

(4)

Adopt Ordinance No, 2010-10 (requires six affirmative votes).

Councilmember Brewster moved to read Ordinance No. 2010-10 for the first time by title only.  Vice Mayor White seconded the motion.

 

Human Resources Director, Shannon Anderson, clarified that under Section 1-20-041(B), the word ?holiday? should be added between the words ?personal? and ?floating holiday?.  With the correction it will read, ?Compensatory time will not be earned during a work week when an employee is using paid time off such as sick, vacation, personal, holiday, floating holiday or compensatory time.?

 

Council expressed a desire to maintain a high level of customer service.

 

Mayor Presler asked that a method of measurement be used to determine the benefit to the City as well as the employee.

 

The motion passed, as amended, unanimously, and title was read as follows:

 

 

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 and emergency.

 

 

Councilmember Brewster moved to consider the reading of Ordinance No. 2010-10 for the final time by title only.  Vice Mayor White seconded the motion.  The motion passed unanimously on roll-call vote as follows:

 

Mayor Presler

Aye

 

Vice Mayor White

Aye

 

Councilmember Brewster

Aye

 

Councilmember Evans

Aye

 

Councilmember Haughey

Aye

 

Councilmember Overton

Aye

 

Councilmember Swanson

Aye

 

Upon the unanimous vote above, Vice Mayor White moved to read Ordinance No. 2010-10 for the final time by title only.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

Following the final reading of Ordinance No. 2010-10, Vice Mayor White moved to adopt.  Councilmember Evans seconded the motion.  The motion carried on unanimous vote.

 

B.

Consideration of Ordinance No. 2010-19:  An ordinance of the City Council of the City of Flagstaff, Arizona, 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 responsibility of the Authority and the Board of Commissioners.

 

 

RECOMMENDED ACTION:

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

Adopt Ordinance No. 2010-19.

 

Councilmember Evans moved to Read Ordinance No. 2010-19 by title only.  Vice Mayor White seconded the motion.

 

Senior Assistant City Attorney, Dana Kjellgren, advised that the Housing Authority will make decisions on HUD mandated matters.

 

Mayor Presler expressed a desire to have the Housing Authority?s grant person communicate with the City?s grant person.

 

Barbara Goodrich, Management Services Director, explained that the transition team is working with the Housing Authority to make the move as smooth as possible.  The expertise of the City?s auditors are being utilized to insure that both the City?s and the Housing Authority?s needs are met.

 

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

Nay

 

Councilmember Overton

Aye

 

Councilmember Swanson

Nay

 

Title was read as follows:

 

 

Ordinance No. 2010-19

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, 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 responsibility of the Authority and the Board of Commissioners

 

 

Councilmember Evans moved to adopt Ordinance No. 2010-19.  The motion was seconded by Councilmember Brewster and passed on majority vote.  Voting in favor were Vice Mayor White, Councilmembers Brewster, Evans and Overton.  Voting against were Mayor Presler, Councilmembers Haughey and Swanson.

 

C.

Consideration of Resolution No. 2010-34:  A resolution of the City Council of the City of Flagstaff, Arizona, establishing a Fiscal Year 2011-2012 Citizens? Budget Task Force.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-34 by title only.

Adopt Resolution No. 2010-34.

Councilmember Evans moved to read Resolution No. 2010-34 by title only.  Vice Mayor White seconded the motion.

 

Jim Wine, Deputy City Manager, provided an overview in response to Council?s direction to establish the task force.  The task force will consist of 15 members, appointed by the Mayor and Council, with a termination date of June, 2011.  The Clerk?s office will immediately begin recruiting for the task force.  The purpose of the task force is to engage citizens in the budget process, the budget itself, and provide recommendations to the Council.  Their meeting schedule will be integrated into the budget process

 

The motion passed unanimously and title was read as follows:

 

 

Ordinance No. 2010-34

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, establishing a Fiscal Year 2011-2012 Citizens? Budget Task Force.

 

 

Councilmember Haughey moved to adopt Ordinance 2010-34.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

D.

Consideration of Resolution No. 2010-35:  A resolution of the City Council of the City of Flagstaff, Arizona, establishing a citizens? Charter Review Task Force.

 

RECOMMENDED ACTION

Read Resolution No. 2010-35 by title only.

Adopt Resolution No. 2010-35.

 

Councilmember Evans moved to read Resolution No. 2010-35 by title only.  The motion was seconded by Vice Mayor White.

 

City Manager Kevin Burke stated that the membership on the task force would consist of 25 citizens.  He asked for an extension of three to six months from the time the new City Attorney is hired to allow a transition period.  The consensus of the Council was to allow the extension

 

The motion passed by majority vote.  Voting in favor where Vice Mayor White, Councilmembers Brewster, Evans, Haughey, Overton and Swanson.  Voting against was Mayor Presler. Title was read as follows:

 

 

Resolution No. 2010-35

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, establishing a citizens? Charter Review Task Force.

 

 

Councilmember Swanson moved to adopt Resolution No. 2010-35.  Councilmember Evans seconded the motion.  The motion passed by majority vote.  Voting in favor where Vice Mayor White, Councilmembers Brewster, Evans, Haughey, Overton and Swanson.  Voting against was Mayor Presler.

 

E.

Consideration of Resolution No. 2010-45:  A resolution authorizing the First Amendment to the Rio Home Development Agreement between the City of Flagstaff and AZNorth Development, Inc.

 

RECOMMENDED ACTION:

Read Resolution No. 2010-45 for the final time by title only.

Adopt Resolution No. 2010-45.

Councilmember Evans moved to read Resolution No. 2010-45 for the final time by title only.  Vice Mayor White seconded the motion.

 

David McIntire, Land Trust Program Manager, gave a background review of the original agreement.  The model was designed with the intention and philosophy to remove the City from any active role in the administration and was designed prior to the research that was done around the land trust program.  It has been effective in keeping the City out of the administration but has proved difficult to manage flexibility.  Amendments are designed to improve program function and address market conditions that have occurred in the last few years.  What began as a valuable program for those in need of affordable housing has become a burden for some who are in need of selling their homes but are not able to do so due to market conditions and program deed restrictions.

 

Vice Mayor White left the room at 6:55 p.m. and returned at 7:01 p.m.

 

Council concerns with the leasing of the affordable units included, (1) preventing profit by the home owners, (2) preserving the unit as affordable housing, and (3) the City becoming involved in landlord/tenant disputes.

 

Councilmember Haughey left the room at 7:22 p.m. and returned at 7:26 p.m.

 

Sara Darr, Housing Manager, stated that leasing parameters are not included in the guidelines, but will be developed with the direction of Council in mind.  The original owner occupancy intent was to prevent profit by the home owner.  The market has created situations where the owners are trapped and unable to sell, creating hardship for those the program was intended to assist.  The amendment allows the lease of the premises under the written guidelines.

 

Councilmember Evans moved to amend her motion to include Option 1 and delete Option 2.  Vice Mayor White seconded the motion.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2010-45

 

 

 

A Resolution authorizing the First Amendment to the Rio Home Development Agreement between the City of Flagstaff and AZNorth Development, Inc.

 

 

Vice Mayor White moved to adopt Resolution No. 2010-45.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

F.

Consideration of Co-Sponsorship:  Proposed League of Arizona Cities and Towns resolutions from other Arizona communities

 

 

RECOMMENDED ACTION:

Review and provide direction regarding co-sponsorship of proposed 2010 League resolutions.

 

Councilmember Swanson left the room at 7:40 p.m. and returned at 7:45 p.m.

 

Deputy City Manager, Jim Wine, was directed to inform the League that the City will co-sponsor 2010 League resolutions 1, 2, 3, and 5.  Resolution 4 did not have council support.

 

 

8.      DISCUSSION ITEMS

 

A.

Discussion Regarding Travel to Army Corps of Engineers in Los Angeles District on July 1, 2010 for Change of the Command:

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

Council decided not to send someone to attend the Change of the Command ceremony in Los Angeles.  A letter of congratulations will be sent.

 

9.      PUBLIC PARTICIPATION

 

None.

 

10.    ADJOURNMENTOF SPECIAL COUNCIL MEETING.

There being no further business to come before the Council, the meeting was adjourned at 10:38 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 Special Meeting of the Council of the City of Flagstaff held on June 8, 2010.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 15th day of March, 2011.

 

 

                                                                           

CITY CLERK