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

August 16, 2005

6:00 p.m.

A Meeting of the Flagstaff City Council as held on August 16, 2005 convening at 6:00 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 Donaldson.

1.      PLEDGE OF ALLEGIANCE

Councilmember Haughey asked those present to stand for the Pledge of Allegiance.

2.      INVOCATION

Councilmember Haughey led a moment of silence.

3.      ROLL CALL

On roll call, the following were present:

Mayor Donaldson

Vice-Mayor White

Councilmember Babbott - Excused

Councilmember Cooper

Councilmember Haughey

Councilmember Kelty - Excused

Councilmember Silva

Also present were:

City Manager, Dave Wilcox

City Attorney, Patricia Boomsma

4.       MINUTES

A.

Consideration of Minutes: Regular Council Meeting of August 2, 2005.

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

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

5.        PUBLIC PARTICIPATION

None.

6.       CONSENT – GENERAL

A.

Consideration of Payment:  USDA Forest Service Master Special Use Permit.

RECOMMENDED ACTION:

Approve payment to the USDA Forest Service in the amount of $35,850.73.

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

7.      CONSENT – CONTRACTUAL

A.

Consideration of Annual Bid:  Interior and exterior painting of City facilities.

RECOMMENDED ACTION:

Approve the bid from Work of Art Painting at the prices and terms outlined in the staff summary attachment.

B.

Consideration of Annual Bid:  Street sweeper brooms.

RECOMMENDED ACTION:

Approve the bid from Old Dominion Brush Company at the unit prices outlined in the staff summary attachment, plus applicable sales tax.

C.

Consideration of Change Order No. 2:  Fourth Street railroad crossing project, Phase II.

RECOMMENDED ACTION:

Approve Change Order No. 2 with Sundt Construction for a cost increase of $121,509.51 and no  time extension.

D.

Consideration of Change Order No. 9:  Fourth Street railroad crossing project, Phase II.

RECOMMENDED ACTION:

Approve Change Order No. 9 with Parsons Brinckerhoff Quade & Douglas for a cost increase of $51,542.00 and no time extension.

E.

Consideration of Extension of Contract:  Animal control services.

RECOMMENDED ACTION:

Approve the second, one-year extension with Coconino County Humane Association for a total cost of $203,500.00.

F.

Consideration of Negotiated Settlement Agreement:  Virgil Pedro, et al., v. Circle G. Development Company and the City of Flagstaff, et al.

RECOMMENDED ACTION:

(1) Authorize payments not to exceed a total of $300,000 for claim expenses, defense costs, and/or settlement costs; and (2) authorize the Mayor to execute the settlement agreement and all relevant court documents.

Vice-Mayor White moved to approve the Consent-Contractual Calendar, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

8.      BOARDS AND COMMISSIONS

A.

Consideration of Appointments:  Youth Commission.

RECOMMENDED ACTION:

Discuss in Executive Session and make the appointments at the Council meeting as follows:  Four appointments to terms expiring June 30, 2006, and two appointments to alternate terms expiring June 30, 2006.

Councilmember Cooper moved to reappoint Courtney Etsitty to a term expiring June 30, 2006, and to appoint Daneeka Hennings, Aide’ Samano, and Hannah Tesch to terms expiring June 30, 2006.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

B.

Consideration of Appointment:  Disability Awareness Commission.

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make one appointment to a partial term expiring March 2007.

Vice-Mayor White moved to appoint Jerry O’Brien to a partial term expiring March 2007, seconded by Councilmember Cooper.  The vote was unanimous in favor.

C.

Consideration of SUB 05-12:  A request for tentative plat approval for Pine Knoll Village, a 55-unit townhouse subdivision on an 11.2-acre parcel located at 421 East Woodland Drive in the MR, Medium Density Residential zoning district.

RECOMMENDED ACTION:

Approve the tentative plat with the conditions as approved by the Development Review Board and the Planning and Zoning Commission and authorize the Mayor to sign the final plat and City/Subdivider Agreement when notified by the Development Review Board that all conditions have been met and the documents are ready for recording.

Vice-Mayor White moved to table, seconded by Councilmember Cooper. 

Bill Ring, 114 N. San Francisco Street, #200, Flagstaff, attorney for the applicant, stated his client is not in agreement with the City’s condition that would allow public access to the proposed development’s private streets and private property.  His client believes the policy created in the dedication language is simply confusing and difficult to administer.

The motion to table passed on unanimous vote.

9.       PUBLIC HEARINGS

(No items were submitted.)

10.     ORDINANCES AND RESOLUTIONS

A.

Consideration of Ordinance No. 2005-19:  An ordinance amending Title 7, Health and Sanitation, Sections 7-05-001-0001, Definitions and 7-05-001-0003, Prohibition of Smoking in Public Places by deleting “Service Lines”.

RECOMMENDED ACTION:

Read Ordinance No. 2005-19 for the final time by title only.

Adopt Ordinance No. 2005-19.

Councilmember Cooper moved to read Ordinance No. 2005-19 for the final time by title only.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.  Title was read as follows:

Ordinance No. 2005-19

An ordinance amending Title 7, Health and Sanitation, Sections 7-05-001-0001, Definitions and 7-05-001-0003, Prohibition of Smoking in Public Places by deleting “Service Lines”.

Councilmember Haughey moved to adopt Ordinance No. 2005-19, seconded by Councilmember Silva.  The motion passed on unanimous vote.

B.

Consideration of Ordinance No. 2005-20:  An ordinance authorizing the acquisition of real property for public streets and right of way near Railhead Avenue, Marketplace Drive and Test Drive.

RECOMMENDED ACTION:

Read Ordinance No. 2005-20 for the final time by title only.

Adopt Ordinance No. 2005-20.

Councilmember Haughey moved to read Ordinance No. 2005-20 for the final time by title only, seconded by Councilmember Silva.  The vote was unanimous in favor and title was read as follows:

Ordinance No. 2005-20

An ordinance authorizing the acquisition of real property for public streets and right of way near Railhead Avenue, Marketplace Drive and Test Drive.

Councilmember Haughey moved to adopt Ordinance No. 2005-20 for the final time by title only.  The motion was seconded by Councilmember Silva and passed on unanimous vote.

C.

Consideration of Resolution No. 2005-85:  A resolution authorizing the acceptance of the grant agreement from the Arizona Criminal Justice Commission for Project Safe Neighborhoods, Gun Intelligence Support.

RECOMMENDED ACTION:

Read Resolution No. 2005-85 by title only.

Adopt Resolution No. 2005-85.

Councilmember Silva moved to read Resolution No. 2005-85 by title only.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.  Title was read as follows:

Resolution No. 2005-85

A resolution authorizing the acceptance of the grant agreement from the Arizona Criminal Justice Commission for Project Safe Neighborhoods, Gun Intelligence Support.

Councilmember Silva move to adopt Resolution No. 2005-85, seconded by Vice-Mayor White.  The motion passed on unanimous vote.

D.

Consideration of Resolution No. 2005-86:  A resolution authorizing the acceptance of the grant agreement from the Arizona Criminal Justice Commission for Project Safe Neighborhoods, Juvenile Education/Prevention.

RECOMMENDED ACTION:

Read Resolution No. 2005-86 by title only.

Adopt Resolution No. 2005-86.

Councilmember Cooper moved to read Resolution No. 2005-86 by title only.  The motion was seconded by Vice-Mayor White and passed on unanimous vote.  Title was read as follows:

Resolution No. 2005-86

A resolution authorizing the acceptance of the grant agreement from the Arizona Criminal Justice Commission for Project Safe Neighborhoods, Juvenile Education/Prevention.

Councilmember Haughey moved to adopt Resolution No. 2005-86, seconded by Vice-Mayor White.  The vote was unanimous in favor.

E.

Consideration of Resolution No. 2005-87:  A resolution authorizing the acceptance of a cooperative agreement from the U.S. Navy (Southwest Division, Naval Facilities Engineering Command) Naval Observatory-Flagstaff Station for forest thinning slash pile burning.

RECOMMENDED ACTION:

Read Resolution No. 2005-87 by title only.

Adopt Resolution No. 2005-87.

Councilmember Silva moved to read Resolution No. 2005-87 by title only.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.  Title was read as follows:

Resolution No. 2005-87

A resolution authorizing the acceptance of a cooperative agreement from the U.S. Navy (Southwest Division, Naval Facilities Engineering Command) Naval Observatory-Flagstaff Station for forest thinning slash pile burning.

Vice-Mayor White moved to adopt Resolution No. 2005-87, seconded by Councilmember Silva.  The motion passed on unanimous vote.

F.

Consideration of Resolution No. 2005-89:  A resolution authorizing the submission of an application for the 2005 U.S. Department of Homeland Security SAFER (Staffing for Adequate Fire and Emergency Response) grant totaling $300,000 and authorizing the acceptance upon award of the grant agreement.

RECOMMENDED ACTION:

Read Resolution No. 2005-89 by title only.

Adopt Resolution No. 2005-89.

Vice-Mayor White moved to read Resolution No. 2005-89 by title only, seconded by Councilmember Cooper.  The vote was unanimous in favor and title was read as follows:

Resolution No. 2005-89

A resolution authorizing the submission of an application for the 2005 U.S. Department of Homeland Security SAFER (Staffing for Adequate Fire and Emergency Response) grant totaling $300,000 and authorizing the acceptance upon award of the grant agreement.

Councilmember Silva moved to adopt Resolution No. 2005-89, seconded by Vice-Mayor White.  The motion passed on unanimous vote.

G.

Consideration of Resolution No. 2005-90:  A resolution authorizing the submission of a grant application to the Federal Aviation Administration (“FAA”) and Arizona Department of Transportation (“ADOT”), Aeronautics Division, for the John Wesley Powell Road widening project and authorizing the acceptance upon award of the grant agreements.

RECOMMENDED ACTION:

Read Resolution No. 2005-90 by title only.

Adopt Resolution No. 2005-90.

Councilmember Silva moved to read Resolution No. 2005-90 by title only.  The motion was seconded by Vice-Mayor White and passed on unanimous vote.  Title was read as follows:

Resolution No. 2005-90

A resolution authorizing the submission of a grant application to the Federal Aviation Administration (“FAA”) and Arizona Department of Transportation (“ADOT”), Aeronautics Division, for the John Wesley Powell Road widening project and authorizing the acceptance upon award of the grant agreements.

Councilmember Silva moved to adopt Resolution No. 2005-90, seconded by Councilmember Cooper.  The vote was unanimous in favor.

H.

Consideration of Resolution No. 2005-91:  A resolution authorizing the submission of a grant application to the Federal Aviation Administration (FAA), Airport Improvement Program and to the Arizona Department of Transportation (ADOT), Aeronautics Division for matching grant funds for completion of additional work on the environmental assessment (EA) and the benefit cost analysis (BCA) for extension of Runway 3-21 and authorizing the acceptance upon award of the grant agreements.

RECOMMENDED ACTION:

Read Resolution No. 2005-91 by title only.

Adopt Resolution No. 2005-91.

Councilmember Silva moved to read Resolution No. 2005-91 by title only, seconded by Vice-Mayor White.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2005-91

A resolution authorizing the submission of a grant application to the Federal Aviation Administration (FAA), Airport Improvement Program and to the Arizona Department of Transportation (ADOT), Aeronautics Division for matching grant funds for completion of additional work on the environmental assessment (EA) and the benefit cost analysis (BCA) for extension of Runway 3-21 and authorizing the acceptance upon award of the grant agreements.

Councilmember Cooper moved to adopt Resolution No. 2005-91, seconded by Councilmember Silva.  The vote was unanimous in favor.

I.

Consideration of Resolution No. 2005-92:  A resolution approving Amendment One to the Intergovernmental Agreement between the Arizona Department of Transportation and the City of Flagstaff for multi-use path improvements for the U.S. 180 corridor.

RECOMMENDED ACTION:

Read Resolution No. 2005-92 by title only.

Adopt Resolution No. 2005-92.

Councilmember Haughey moved to read Resolution No. 2005-92 by title only.  The motion was seconded by Councilmember Silva and passed on unanimous vote.  Title was read as follows:

Resolution No. 2005-92

A resolution approving Amendment One to the Intergovernmental Agreement between the Arizona Department of Transportation and the City of Flagstaff for multi-use path improvements for the U.S. 180 corridor.

Councilmember Cooper moved to adopt Resolution No. 2005-92, seconded by Councilmember Silva.  The vote was unanimous in favor.

11.     OTHER BUSINESS

A.

Consideration of Appointments and Salary Adjustments:  City Magistrates.

RECOMMENDED ACTION:

(1) Appoint Charlotte Beyal and Michael Araujo to two-year terms as City Magistrates retroactive to August 1, 2005, with a 13% salary adjustment retroactive to July 1, 2005; (2) appoint Thomas Chotena to a two-year term as Presiding Magistrate retroactive to August 1, 2005, with a 13% pay adjustment retroactive to July 1, 2005; and (3) approve a salary adjustment for all City Magistrates next July 1, 2006, that brings their salaries to 85% of the market analysis that was conducted in 2005.

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

B.

Consideration of Support:  Proposed NAU Conference Center.

RECOMMENDED ACTION:

(1) Authorize City staff to work with NAU staff to draft an intergovernmental agreement specifying terms and conditions of a City investment of up to $2,000,000.00 in the proposed conference center and related public facilities or improvements; and (2) authorize the Mayor to sign a Letter of Intent.

Councilmember Silva moved to approve the recommended action, seconded by Councilmember Haughey. 

Molly Munger from Northern Arizona University read a letter from University President John Haeger relaying his hopes that the Council would support the proposed Northern Arizona University Conference Center as an economic development opportunity for the City of Flagstaff and the region.

The motion passed on unanimous vote.

13.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 6:25 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 August 16, 2005.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 7th day of September, 2005.

CITY CLERK