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

January 18, 2005

6:00 p.m.

A Meeting of the Flagstaff City Council as held on January 18, 2005 convening at 6:01 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 Donaldson.

1.      PLEDGE OF ALLEGIANCE

Mayor Donaldson asked those present to stand for the Pledge of Allegiance.

2.      INVOCATION

Mayor Donaldson led a moment of silence.

3.      ROLL CALL

On roll call, the following were present:

Mayor Donaldson

Vice-Mayor White

Councilmember Babbott

Councilmember Cooper

Councilmember Haughey, Excused

Councilmember Kelty, Excused

Councilmember Silva, Excused

Also present were:

City Manager, Dave Wilcox

City Attorney, Patricia Boomsma

4.       MINUTES

A.

Consideration of Minutes: Special Council Meeting of January 10, 2005.

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

Vice-Mayor White moved to approve the Minutes as submitted, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

5.        PUBLIC PARTICIPATION

William Menard, Public Works Director, introduced new Parks and Recreation Director, Elizabeth Neumayer.  He also thanked Mindy Meyers and Felipe Garcia for serving as interim co-directors.

Items Taken Out of Sequence

10.     ORDINANCES AND RESOLUTIONS

C.

Consideration of Ordinance No. 2005-04:  An ordinance amending Title 7, Health and Sanitation by repealing Chapters 7-05, Smoking in City Facilities and 7-06, Smoking in Enclosed Public Places and in the Workplace and adding Chapter 7-05, City of Flagstaff Smokefree Air Ordinance.

RECOMMENDED ACTION:

Read Ordinance No. 2005-04 for the first time by title only.

Councilmember Cooper moved to read Ordinance No. 2005-04 for the first time by title only, seconded by Councilmember Babbott.

Lisa Stankovich, Assistant City Attorney, gave a brief presentation on the details of the ordinance.

Vice-Mayor White moved to amend Ordinance No. 2005-04 to include an exception for stand-alone bars.  Councilmember Babbott seconded the motion.

After a brief discussion, the motion to amend was defeated on majority roll-call vote as follows:

Mayor Donaldson

Nay

Vice-Mayor White

Aye

Councilmember Babbott

Nay

Councilmember Cooper

Nay

Speaking in support of the proposed ordinance were:

Barbara Worgess, 2484 N. Brian’s Way, representing Coconino County Health Department

Tricia Moore, 6755 Turkey Hills, Flagstaff

Carl Shrader, M.D., 900 Switzer Canyon Drive, Apt. 118, Flagstaff

Bernice Carver, P.O. Box 2763, Flagstaff

Paul Cloke, M.D., 1713 States Street, Prescott

Lee Fairbanks, M.D., 1866 E. Vinedo Lane, Tempe

Wilfred Potter, M.D., 10801 E. Happy Valley Road, #74, Scottsdale

The following reasons were given in support of the proposed ordinance:

·         It is the Council’s responsibility to protect all employees.

·         Secondhand smoke is a known health hazard.

·         Studies confirm that no-smoking ordinances do not impact business revenues.

Speaking in opposition to the proposed ordinance were:

Debbie Kaiser, 726 Choctaw St., Flagstaff, representing Downtown Business Alliance

Bill Weigele, 500 E. Thomas Road, Phoenix, representing AZ Licensed Beverage Assoc.

Leslie Connell, 5120 Mt. Pleasant, Flagstaff

David Williamson, 2730 N. Prescott Road, Flagstaff

John McCulloch, 2 Hillside Street, Flagstaff

The following arguments were made in opposition to the passing of the proposed ordinance:

·         Stand-alone bars should be exempt from the proposed ordinance.

·         People should have the right to choose whether to patronize an establishment that allows smoking.

·         Tourism is Flagstaff’s number one industry, and tourists should have someplace to go where they can smoke.

·         Business owners will lose money due to lost business.

Councilmember Cooper moved to amend Ordinance No. 2005-04 to strike the words “when a bingo game is in progress.”  The motion to amend was seconded by Mayor Donaldson, and after a brief discussion, passed on unanimous vote.

Returning to the main motion, the vote was unanimous in favor and title was read as follows:

Ordinance No. 2005-04

An ordinance amending Title 7, Health and Sanitation by repealing Chapters 7-05, Smoking in City Facilities and 7-06, Smoking in Enclosed Public Places and in the Workplace and adding Chapter 7-05, City of Flagstaff Smokefree Air Ordinance.

Return to Regular Agenda Order

6.       CONSENT – GENERAL

A.

Consideration of Purchase on State Contract:  Water-free urinals.

RECOMMENDED ACTION:

Approve the purchase of 196 Falcon F-1000 water-free urinals for a total cost of $61,905.93 including sales tax and freight.

Adam Miller, Conservation Services Manager, gave a quick background on the details of the purchase.

Vice-Mayor White moved to take the recommended action, seconded by Councilmember Babbott.  The motion passed on unanimous vote.

Items Taken Out of Sequence

10.     ORDINANCES AND RESOLUTIONS

F.

Consideration of Resolution No. 2005-10:  A resolution approving an amendment to special warranty deed to WESCAP Investments, Inc. to extend date for obtaining building permit for Sandstone Highlands Senior Community phase of development from December 31, 2004 to July 1, 2005.

RECOMMENDED ACTION:

Read Resolution No. 2005-10 by title only.

Adopt Resolution No. 2005-10

Councilmember Babbott moved to read Resolution No. 2005-10 by title only, seconded by Councilmember Cooper.

Sarah Darr, Housing Planner, gave a brief presentation on the item. 

Bill Spreitzer, President of Wescap Investments, Inc. gave a brief overview of the project and timelines.  Assistant City Attorney Harry Lane responded to questions from the Council.

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

Resolution No. 2005-10

A resolution approving an amendment to special warranty deed to WESCAP Investments, Inc. to extend date for obtaining building permit for Sandstone Highlands Senior Community phase of development from December 31, 2004 to July 1, 2005.

Vice-Mayor White moved to adopt Resolution No. 2005-10.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

7.      CONSENT – CONTRACTUAL

A.

Consideration of Annual Bid:  Digital copiers.

RECOMMENDED ACTION:

Approve the bid from Hughes Calihan for six digital copiers with optional equipment per the staff summary attachment.

Ernie Negroni, Purchasing Director, updated the Council on elements of the contract.

Vice-Mayor White moved to approve the recommended action, seconded by Councilmember Babbott.  The motion passed on unanimous vote.

B.

Consideration of Change Order No. 1:  Lake Mary Road urban trail project (Beulah Blvd. to Ponderosa Trails).

RECOMMENDED ACTION:

(1) Approve the Change Order No. 1 with Turner Engineering, Inc., for a cost increase of $4,565.00 and a contract time extension of 33 calendar days; and (2) authorize the City Manager to execute the necessary documents.

Randy Groth, Capital Improvements Division, provided background information to the Council.

Councilmember Babbott moved to approve the recommendation.  The motion was seconded by Vice-Mayor White, and passed unanimously.

C.

Consideration of Change Order No. 2:  1996 Thorpe Park bond improvements project.

RECOMMENDED ACTION:

(1) Approve Change Order No. 2 with Olsson Associates in the amount of $20,529.00 and a contract time extension of 195 calendar days; and (2) authorize the City Manager to execute the necessary documents.

Randy Groth, Capital Improvements Division, provided a brief presentation on the need for the change order.

Councilmember Babbott moved to take the recommended action, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

D.

Consideration of Service Agreement:  Consulting services for design of the Rio de Flag right of way and utility project.

RECOMMENDED ACTION:

(1) Approve the agreement with Shephard Wesnitzer Inc. in an amount not to exceed $1,582,521.00 which includes a 5% contract allowance in the amount of $75,000.00 with a contract time of 275 calendar days; (2) authorize the City Manager to execute the necessary documents; and (3) authorize change order authority for the City Manager in the amount of $150,750.00 (10%) to cover potential costs associated with unanticipated or additional items of work.

Rick Barrett, Capital Improvements Division, gave a brief presentation including the history of the project.  James Duval, Capital Improvements Division, provided additional comments.

Vice-Mayor White moved to approve the recommended action, seconded by Councilmember Cooper.  The vote was unanimous in favor.

E.

Consideration of Service Agreement:  Consulting services for design of the Rio de Flag flood control bridge project.

RECOMMENDED ACTION:

(1) Approve the agreement with Michael Baker Jr., Inc. in an amount not to exceed $712,094.00 which includes a contract allowance of $50,000.00 (7.5%) with a contract time of 210 calendar days; (2) authorize the City Manager to execute the necessary documents; and (3) authorize a change order authority for the City Manager in the amount of $66,210.00 (10%) to cover potential costs associated with unanticipated or additional items of work.

Tiffin Miller, Capital Improvements Division, provided background information to the Council.

Councilmember Babbott moved to approve the recommended action, seconded by Vice-Mayor White.  The motion passed on unanimous vote.

8.      BOARDS AND COMMISSIONS:

A.

Consideration of Appointment:  Clean and Green Committee.

RECOMMENDED ACTION:

Discuss in Executive Session and make the appointment at the Council meeting.

Vice-Mayor White moved to appoint Julie Lancaster to a term expiring October 2007, seconded by Councilmember Babbott.  The vote was unanimous in favor.

B.

Consideration of Appointments and Term Alignment:  Industrial Development Authority.

RECOMMENDED ACTION:

Discuss in Executive Session and make the appointments and term realignment at the Council meeting.

Councilmember Babbott moved to appoint Alan Chan, Jack Darum, and Jean Richmond-Bowman to terms expiring April 2010, and to adjust the term of Roger Fontanini to expire April 2008.  The motion was seconded by Vice-Mayor White and passed on unanimous vote.

C.

Consideration of Appointments and Term Alignment:  Tourism Commission.

RECOMMENDED ACTION:

Discuss in Executive Session and make the appointments and term realignment at the Council meeting.

Vice-Mayor White moved to appoint Robin Prema to a hospitality seat, and Dawn Nevarez to an at-large seat, both expiring January 2007, Gary Weisskopf to a hospitality seat expiring January 2008, and to realign the term of Joe Sanchez to expire January 2008.  The motion was seconded by Councilmember Cooper, and passed unanimously.

D.

Consideration of Appointments:   Planning and Zoning Commission.

RECOMMENDED ACTION:

Discuss in Executive Session and make the appointments Sat the Council meeting.

Councilmember Cooper moved to appoint Avtar Khalsa and Frank Brandt to terms expiring December 2007, seconded by Vice-Mayor White.  The vote was unanimous in favor.

9.       PUBLIC HEARINGS

(No items were submitted.)

10.     ORDINANCES AND RESOLUTIONS

A.

Consideration of Ordinance No. 2005-01:  An ordinance authorizing the acquisition of real property and a public roadway easement for the extension of Cummings Streets at U.S. Highway 89 North and the new location of Ring Road in order to facilitate the relocation of the Flagstaff Mall main entrance.

RECOMMENDED ACTION:

Read Ordinance No. 2005-01 for the first time by title only.

David Wessel, Flagstaff Municipal Planning Organization, gave a brief overview of the project.

Councilmember Babbott moved to read Ordinance No. 2005-01 for the first time by title only, seconded by Councilmember Cooper.  The motion passed on unanimous vote and title was read as follows:

Ordinance No. 2005-01

An ordinance authorizing the acquisition of real property and a public roadway easement for the extension of Cummings Streets at U.S. Highway 89 North and the new location of Ring Road in order to facilitate the relocation of the Flagstaff Mall main entrance.

B.

Consideration of Resolution No. 2005-07:  A resolution abandoning the Ring Road public roadway easement and right of way located near the Flagstaff Mall (“Mall”) main entrance in order to facilitate the relocation of the Mall main entrance.

RECOMMENDED ACTION:

Read Resolution No. 2005-07 by title only.

Adopt Resolution No. 2005-07.

David Wessel, Flagstaff Municipal Planning Organization, responded to questions from the Council.

Vice-Mayor White moved to read Resolution No. 2005-07 by title only, seconded by Councilmember Babbott.  The vote was unanimous in favor and title was read as follows:

Resolution No. 2005-07

A resolution abandoning the Ring Road public roadway easement and right of way located near the Flagstaff Mall (“Mall”) main entrance in order to facilitate the relocation of the Mall main entrance.

Vice-Mayor White moved to adopt Resolution No. 2005-07, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

D.

Consideration of Resolution No. 2005-08:  A resolution authorizing the contract between the State of Arizona Commerce and Economic Development Commission (“CEDC”) and the City of Flagstaff for passing through grant funds from the Tohono O’odham Tribal Nation to Northern Arizona University (“University”) for use in the Nizhoni Academy Program.

RECOMMENDED ACTION:

Read Resolution No. 2005-08 by title only.

Adopt Resolution No. 2005-08.

Stacey Brechler-Knaggs, Grants Manager, gave a brief presentation on the contract.

Councilmember Babbott moved to read Resolution No. 2005-08 by title only, seconded by Councilmember Cooper.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2005-08

A resolution authorizing the contract between the State of Arizona Commerce and Economic Development Commission (“CEDC”) and the City of Flagstaff for passing through grant funds from the Tohono O’odham Tribal Nation to Northern Arizona University (“University”) for use in the Nizhoni Academy Program.

Councilmember Babbott moved to adopt Resolution No. 2005-08, seconded by Vice-Mayor White.  The vote was unanimous in favor.

E.

Consideration of Resolution No. 2005-09:  A resolution authorizing the subgrant agreement between the City of Flagstaff and Northern Arizona University (“University”) for passing through grant funds from the State of Arizona Commerce and Economic Development Commission (“CEDC”) for use in the Nizhoni Academy Program.

RECOMMENDED ACTION:

Read Resolution No. 2005-09 by title only.

Adopt Resolution No. 2005-09.

Stacey Brechler-Knaggs, Grants Manager, provided details of the recommended action.

The Council requested that a brief report be included in the City Manager’s Weekly Report regarding the Nizhoni Academy’s purpose and the number of students served by the grant.

Vice-Mayor White moved to read Resolution No. 2005-09 by title only, seconded by Councilmember Cooper.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2005-09

A resolution authorizing the subgrant agreement between the City of Flagstaff and Northern Arizona University (“University”) for passing through grant funds from the State of Arizona Commerce and Economic Development Commission (“CEDC”) for use in the Nizhoni Academy Program.

Vice-Mayor White moved to adopt Resolution No. 2005-09, seconded by Councilmember Cooper.  The vote was unanimous in favor.

G.

Consideration of Resolution No. 2005-11:  A resolution authorizing an intergovernmental agreement between the City of Flagstaff and Flagstaff Unified School District for the purchase and installation of water-free urinals.

RECOMMENDED ACTION:

Read Resolution No. 2005-11 by title only.

Adopt Resolution No. 2005-11.

Councilmember Cooper moved to read Resolution No. 2005-11 by title only, seconded by Vice-Mayor White.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2005-11

A resolution authorizing an intergovernmental agreement between the City of Flagstaff and Flagstaff Unified School District for the purchase and installation of water-free urinals.

Vice-Mayor White moved to adopt Resolution No. 2005-11, seconded by Councilmember Babbott.  The vote was unanimous in favor.

11.     OTHER BUSINESS

(No items were submitted.)

12.    INFORMATIONAL ITEMS TO OR FROM MAYOR, COUNCIL OR CITY MANAGER.

Several Councilmembers commented they had attended the Martin Luther King, Jr. annual celebration and walk.

Mayor Donaldson introduced his new intern, Jonathan Henry from Northern Arizona University.

Councilmembers were reminded that the Community Development Department will be closed January 19, 2005 for a department-wide training.

13.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 8:08 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 Meeting of the Council of the City of Flagstaff held on January 18, 2005.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 2nd day of February, 2005.

CITY CLERK