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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

 

May 16, 2006

6:00 p.m.

 

A Meeting of the Flagstaff City Council was held on May 16, 2006 convening at 6:08 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

Acting City Attorney, Harry Lane

 

4.       MINUTES

 

A.

Consideration of Minutes: Regular Council Meeting of May 2, 2006.

 

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 under the Mohave Educational Cooperative Purchasing Agreement:  Roof repairs at Fire Station No. 4.

 

 

RECOMMENDED ACTION:

Approve payment to Mohave Educational Services in the amount of $33,222.54, plus a 5 percent contract allowance.

 

B.

Consideration of Settlement Agreement:  Bowers v. City of Flagstaff.

 

 

RECOMMENDED ACTION:

Approve the settlement agreement between Kevin and Lynette Bowers and the City of Flagstaff dated April 3, 2006.

 

C.

Consideration of Expenditure Authority:  Marketing for the Arizona Cardinals.

 

 

RECOMMENDED ACTION:

Approve expenditure authority in the amount of $50,000.00 per year, for three years, beginning in FY 2007.

 

Vice-Mayor White moved to approve the Consent-General Calendar with the exception of Item 6C.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

Returning to Item 6C, Vice-Mayor White moved to approve the recommended action, seconded by Councilmember Silva.

 

Councilmember Cooper moved to amend the motion with a stipulation to fund the expenditure in the first year with monies from the general fund, and in the two subsequent years of the agreement, reconsider each year whether to continue to use general fund monies, or other funding sources such as Bed, Board and Booze tax revenues.  The motion died due to lack of a second.

 

The original motion passed on majority vote with Mayor Donaldson, Vice-Mayor White, and Councilmembers Haughey and Silva voting in favor, and Councilmember Cooper opposed.

 

7.      CONSENT – CONTRACTUAL

 

A.

Consideration of Extension of Annual Bid:  Lignin sulfonate.

 

 

RECOMMENDED ACTION:

Approve the first extension to Shilon Corporation for an increased cost of $.7666 per gallon, plus applicable taxes.

 

B.

Consideration of Annual Bid:  Custodial supplies.

 

 

RECOMMENDED ACTION:

Approve the bid from Hillyards at the prices listed on the staff summary attachment.

 

C.

Consideration of Bids:  Property/casualty insurance.

 

 

RECOMMENDED ACTION:

Approve the proposal from Willis of Arizona and authorize payment of premiums and broker fee for the policy period June 1, 2006, to May 31, 2007, in an amount not to exceed $915,825.00.

 

D.

Consideration of Bids:  Aerial, pumper and heavy rescue vehicles for the Fire Department.

 

 

RECOMMENDED ACTION:

Approve the proposal from Pierce Manufacturing, Inc., for an 85-ft. aerial vehicle, a 1500 GPM pumper, and a heavy rescue vehicle in the total amount of $1,651,096.00, plus applicable freight and sales tax.

 

E.

Consideration of Increase of Reimbursable Costs under Construction and Maintenance Agreement:  Realignment of the BNSF railroad tracks (Fourth Street Railroad Crossing Project).

 

 

RECOMMENDED ACTION:

Approve the $650,000.00 increase in reimbursable costs to BNSF Railway Company for a total amount of $5,526,678.00.

 

F.

Consideration of Intergovernmental Agreement:  Northern Arizona Public Employees Benefit Trust (NAPEBT).

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement and declaration of trust with the Flagstaff Unified School District, Coconino Community College, Northern Arizona Intergovernmental Public Transportation Authority, and Coconino County for employee health and welfare benefits.

 

G.

Consideration of Intergovernmental Agreement:  Health and fitness testing for Fire Department firefighters.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Northern Arizona University for health and fitness assessments at a cost of $200.00 per firefighter, not to exceed a total cost of $3,000.00 per year.

 

Vice-Mayor White moved to approve the Consent-Contractual Calendar, seconded by Councilmember Silva.  The vote was unanimous in favor.

 

8.      BOARDS AND COMMISSIONS

 

A.

Consideration of PC SUB 2005-005:  A request for approval of final plat for Pine Canyon Unit 4 Subdivision containing 56-single-family detached lots on 39.68 acres of land located at 3850 South Clubhouse Circle Drive, in the R1, Residential Zoning District (Conditional).

 

 

RECOMMENDED ACTION:

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

 

Councilmember Haughey moved to approve the recommended action, seconded by Councilmember Silva.  The motion passed on unanimous vote.

 

B.

Consideration of PC SUB 2005-009:  A request for approval of final plat for Mountain Vista Condominiums at Pine Canyon Subdivision containing 60 single-family condominium dwelling units on 12.02 acres of land located at 3010 South Clubhouse Circle Drive, in the R1, Residential Zoning District (Conditional).

 

 

RECOMMENDED ACTION:

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

 

Councilmember Haughey moved to approve the recommended action.  The motion was seconded by Councilmember Silva, and passed on unanimous vote.

 

9.       PUBLIC HEARINGS

 

A.

Consideration of Liquor License Application:  Dietrich Mayring, “Little America”, 2515 E. Butler Avenue, Series 10, 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.

 

Vice-Mayor White moved to open the public hearing, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

Dietrich Mayring, Manager of Little America, offered brief comments in support of his two applications.

 

Sgt. Dan Musselman, Flagstaff Police Department, presented the results of his investigation and recommended the application be forwarded to the State with a recommendation for approval.

 

Councilmember Haughey moved to close the public hearing, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

 

Vice-Mayor White moved to forward the application to the State with a recommendation for approval.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

B.

Consideration of Liquor License Application:  Dietrich Mayring, “Little America”, 2515 E. Butler Avenue, Series 11, 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.

 

Vice-Mayor White moved to open the public hearing, seconded by Councilmember Silva.  The motion passed on unanimous vote.

 

Dietrich Mayring, Manager of Little America, declined his opportunity to address the Council further.

 

Sgt. Dan Musselman, Flagstaff Police Department, presented the results of his investigation and recommended the application be forwarded to the State with a recommendation for approval.

 

Vice-Mayor White moved to close the public hearing, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

Vice-Mayor White moved to forward the application to the State with a recommendation for approval.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

 

10.     ORDINANCES AND RESOLUTIONS

 

A.

Consideration of Ordinance No. 2006-12:  An ordinance amending Ordinance No. 1690, with amendments as of March 16, 2004, Land Development Code, Appendix F-1, Property Development Review Fees.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-12 for the final time by title only.

Adopt Ordinance No. 2006-12.

Vice-Mayor White moved to read Ordinance No. 2006-12 for the final time by title only, seconded by Councilmember Haughey.

 

Jim Cronk, Development Services Director, reviewed the proposed development application fee schedule.

 

Councilmember Haughey moved to amend the ordinance at Section 1, E., replacing the Single Family Residential per submission fee of $350.00 with a $100.00 per submission fee.  The motion was seconded by Vice-Mayor White and passed on unanimous vote.

 

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

 

 

Ordinance No. 2006-12

 

 

 

An ordinance amending Ordinance No. 1690, with amendments as of March 16, 2004, Land Development Code, Appendix F-1, Property Development Review Fees.

 

 

Vice-Mayor White moved to adopt Ordinance No. 2006-12, seconded by Councilmember Silva.  The motion passed on unanimous vote.

 

B.

Consideration of Ordinance No. 2006-14:  An ordinance amending the Flagstaff City Code, Title 3, Chapter 6, Section 3-06-001-0004, Financial Control, relating to the Lodging, Restaurant and Lounge Tax.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-14 for the final time by title only.

Adopt Ordinance No. 2006-14.

 

Councilmember Cooper moved to read Ordinance No. 2006-14 for the final time by title only.  The motion was seconded by Councilmember Silva and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2006-14

 

 

 

An ordinance amending the Flagstaff City Code, Title 3, Chapter 6, Section 3-06-001-0004, Financial Control, relating to the Lodging, Restaurant and Lounge Tax.

 

 

Vice-Mayor White moved to adopt Ordinance No. 2006-14, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

 

C.

Consideration of Ordinance No. 2006-15:  An ordinance of the Mayor and Council amending Title 2, Chapter 14, Beautification Commission, of the Flagstaff City Code by reorganizing the Beautification Commission and incorporating the public art program.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-15 for the final time by title only.

Adopt Ordinance No. 2006-15.

 

Vice-Mayor White moved to read Ordinance No. 2006-15 for the final time by title only.  The motion was seconded by Councilmember Silva and passed on unanimous vote.  Title was read as follows:

 

Ordinance No. 2006-15

 

 

 

An ordinance of the Mayor and Council amending Title 2, Chapter 14, Beautification Commission, of the Flagstaff City Code by reorganizing the Beautification Commission and incorporating the public art program.

 

 

Vice-Mayor White moved to adopt Ordinance No. 2006-15, seconded by Councilmember Cooper.  The vote was unanimous in favor.

 

D.

Consideration of Resolution No. 2006-40:  A resolution of the Mayor and Council of the City of Flagstaff repealing Resolution No. 2018 and Resolution No. 2001-79 relating to the establishment of a Public Art Advisory Committee.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-40 by title only.

Adopt Resolution No. 2006-40.

 

Councilmember Silva moved to read Resolution No. 2006-40 by title only, seconded by Councilmember Cooper.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2006-40

 

 

 

A resolution of the Mayor and Council of the City of Flagstaff repealing Resolution No. 2018 and Resolution No. 2001-79 relating to the establishment of a Public Art Advisory Committee.

 

 

Councilmember Silva moved to adopt Resolution No. 2006-40, seconded by Councilmember Cooper.  The vote was unanimous in favor.

 

E.

Consideration of Resolution No. 2006-39:  A resolution of the City Council of the City of Flagstaff, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled “The 2006 Amendments to the City Code Regarding the Taxation of Business Activities.”

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-39 by title only.

Adopt Resolution No. 2006-39.

 

Vice-Mayor White moved to read Resolution No. 2006-39 by title only, seconded by Councilmember Silva.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2006-39

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled “The 2006 Amendments to the City Code Regarding the Taxation of Business Activities.”

 

 

Councilmember Haughey moved to adopt.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

 

F.

Consideration of Ordinance No. 2006-16:  An ordinance of the City Council of the City of Flagstaff, adopting the “2006 Amendments to the City Code, Regarding the Taxation of Business Activities” by reference.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-16 for the first time by title only.

 

Councilmember Cooper moved to read Ordinance No. 2006-16 for the first time by title only.  The motion was seconded by Councilmember Silva and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2006-16

 

 

 

An ordinance of the City Council of the City of Flagstaff, adopting the “2006 Amendments to the City Code, Regarding the Taxation of Business Activities” by reference.

 

 

G.

Consideration of Resolution No. 2006-37:  A resolution approving a development agreement between the North Country Community Health Center and the City of Flagstaff, Arizona.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-37 by title only.

Adopt Resolution No. 2006-37.

 

Vice-Mayor White moved to read Resolution No. 2006-37 by title only, seconded by Councilmember Cooper.  The vote was unanimous in favor and title was read as follows:

 

 

Resolution No. 2006-37

 

 

 

A resolution approving a development agreement between the North Country Community Health Center and the City of Flagstaff, Arizona.

 

 

Vice-Mayor White moved to adopt Resolution No. 2006-37, seconded by Councilmember Silva.  The motion passed on unanimous vote.

 

11.     OTHER BUSINESS

 

A.

Consideration of Street Closure:  Flagstaff Route 66 Days Festival.

 

 

RECOMMENDED ACTION:

Approve the closure of Aspen Avenue on Saturday, September 9, 2006.

 

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

 

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

 

None.

 

13.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 6:40 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 May 16, 2006.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 7th day of June, 2006.

 

                                                                         

CITY CLERK