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 6, 2006

6:00 p.m.

A Meeting of the Flagstaff City Council was held on June 6, 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 Babbott asked those present to stand for the Pledge of Allegiance.

2.      INVOCATION

Councilmember Babbott 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

Councilmember Kelty

Councilmember Silva

Also present were:

City Manager, Dave Wilcox

City Attorney, Patricia Boomsma

4.       MINUTES

A.

Consideration of Minutes: Regular Council Meeting of May 16, 2006, and Special Council Meeting of May 24, 2006.

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

Councilmember Babbott moved to approve the Minutes as submitted, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

5.        PUBLIC PARTICIPATION

None.

6.       CONSENT – GENERAL

A.

Consideration of Sole Source Expenditure:  Annual computer maintenance.

RECOMMENDED ACTION:

Approve payment to DLT Solutions in the amount of $15,692.00, plus applicable taxes, for annual maintenance of the AutoCAD/Land Desktop computer applications.

Councilmember Silva moved to approve the Consent-General Calendar.  The motion was seconded by Councilmember Babbott and passed on unanimous vote.

7.      CONSENT – CONTRACTUAL

A.

Consideration of Annual Bid:  Commercial solid waste containers.

RECOMMENDED ACTION:

Approve the bid from Steel Form Industries at the prices and terms outlined in the staff summary attachment.

B.

Consideration of Annual Bid:  Water treatment chemicals.

RECOMMENDED ACTION:

Approve the bid from Hill Brothers, Thatcher and Univar at the unit prices outlined in the staff summary attachment.

C.

Consideration of Change Order No. 3:  Wastewater improvement project.

RECOMMENDED ACTION:

Approve Change Order No. 3 with Black & Veatch Inc. in an amount not to exceed $42,605.00, and a contract time extension of one year.

D.

Consideration of Amendment No. 1 to Service Agreement:  Dispatch services.

RECOMMENDED ACTION:

Approve Amendment No. 1 with Flagstaff Medical Center, dba Guardian Medical Transport.

E.

Consideration of Construction Contract:  Walgreens sewer replacement.

RECOMMENDED ACTION:

Approve the construction contract with Auza Construction in the amount of $217,510.38, which includes a contingency of $7,500.00 and a contract allowance of $20,000.00.

F.

Consideration of Service Contract:  Value engineering for the wastewater improvements project.

RECOMMENDED ACTION:

Approve the service contract with Rothberg, Tamburini and Winsor in an amount not to exceed $97,640.00.

G.

Consideration of Construction Manager at Risk Contract:  Design services for the wastewater improvements project.

RECOMMENDED ACTION:

Approve the Construction Manager at Risk Contract with PCL Construction in an amount not to exceed $150,000.00, which includes a guaranteed maximum construction service fee not to exceed 6% of the project cost.

H.

Consideration of Intergovernmental Agreement:  Arizona Emergency Radio System.

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the Arizona Department of Public Safety.

I.

Consideration of Intergovernmental Agreement:  Placement of public art.

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the Coconino Community College.

J.

Consideration of Grant Agreement:  “Watch Your Car” program.

RECOMMENDED ACTION:

Approve the grant agreement with the Arizona Automobile Theft Authority

K.

Consideration of Service Agreement:  Maintenance for the public safety dispatch center radio consoles and support equipment.

RECOMMENDED ACTION:

Approve the service agreement with Motorola, Inc., in the amount of $28,050.24.

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

8.      BOARDS AND COMMISSIONS

A.

Consideration of Appointments:  Open Spaces Commission.

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make two appointments to terms expiring April, 2009.

Councilmember Kelty moved to appoint Marie Jackson and Gwen Waring to terms expiring April, 2009.  The motion was seconded by Vice-Mayor White and passed on unanimous vote.

B.

Consideration of Appointments:  Historic Preservation Commission.

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make the five appointments as outlined in the staff summary.

Councilmember Cooper moved to appoint Mike Chadburn to an at-large term expiring December, 2006, Michael Amundson to a professional term expiring December, 2006, and Thomas Paradis to a professional term expiring December, 2008.  The motion was seconded by Councilmember Haughey, and passed on unanimous vote.

C.

Consideration of Appointments:  Flagstaff Housing Authority Board.

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make one resident appointment to a term expiring 2010 and one non-resident appointment to a term expiring 2011.

Councilmember Babbott moved to appoint Dana Russell to a non-resident term expiring 2011, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

D.

Consideration of Appointments:  Beautification and Public Art Commission.

RECOMMENDED ACTION:

Discuss in Executive Session and make eight appointments to staggered terms as outlined in the staff summary.

Councilmember Cooper moved to table the item until the July 18, 2006 meeting.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

E.

Consideration of Removal from Appointment:  Stormwater Advisory Committee.

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make the appropriate removal.

Councilmember Silva moved to remove Owen Long from the committee, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

9.       PUBLIC HEARINGS

A.

Consideration of Liquor License Application:  Steven Vincent Scully, “Karma Sushi – Bar – Tapas”, 6 E. Route 66, Series 12, 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.

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.

Kara Leonard, representing the applicant, offered brief comments in support of the application.

Councilmember Haughey moved to close the public hearing, seconded by Councilmember Silva.  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 Babbott and passed on unanimous vote.

10.     ORDINANCES AND RESOLUTIONS

A.

Consideration of Ordinance No. 2006-02:  An ordinance of the City of Flagstaff amending Title 12, Chapter 12-02, Stormwater Management Utility Service Fees, to acknowledge adoption of a Fee Credit Manual and to define the Construction Site Stormwater Pollution Prevention Plan.

RECOMMENDED ACTION:

Read Ordinance No. 2006-02 for the final time by title only.

Adopt Ordinance No. 2006-02.

Vice-Mayor White moved to read Ordinance No. 2006-02 for the final time by title only, seconded by Councilmember Silva.

Councilmember Haughey moved to reduce the recommended fee increase of $0.39 per equivalent rate unit (ERU) to $0.29, seconded by Councilmember Babbott.

The following issues were discussed during Council dialogue:

·      

An on-going, perpetual fee, anticipating that the fee will someday not be needed, is not acceptable.

·      

Council went through a very deliberate process to weigh the needs of the community, seeking public input through the Stormwater Advisory Committee, and their recommendation should be heeded.

·      

The recommended fee increase is needed in order to address the City’s current stormwater and flooding issues; reducing the fee would delay much needed and community supported projects.

·      

The City needs to do a better job in educating the public as to what the revenues will be used for and how the City plans to cover its operating expenses.

·      

Using a rate based on equivalent rate units is the most equitable way to be sure the burden doesn’t fall on any one segment of the community.

·      

The proposed amendment will not cripple the program, but will simply delay the drainage improvement portion to a future date, and allow time to explore regional resources.

·      

An enterprise fund is not the appropriate place for drainage improvement monies.

·      

Stormwater credits can be used to significantly reduce an entity’s assessed fee.

·      

Businesses are already bearing an increased burden in light of the current state of the economy, recent increases in the cost of gas, health insurance, and retirement.

The motion failed on majority roll call vote as follows:

Mayor Donaldson

Nay

Vice-Mayor White

Nay

Councilmember Babbott

Aye

Councilmember Cooper

Nay

Councilmember Haughey

Aye

Councilmember Kelty

Aye

Councilmember Silva

Nay

William Ring, 114 N. San Francisco Street, while in favor of a stormwater utility, urged the Council to either reject the proposed ordinance or consider incremental adjustments to the rate.  Mr. Ring is in favor of finding regional solutions as opposed to a piecemeal approach, and favors a fee schedule that is regressive rather than ingressive.

Mayor Donaldson requested that a Work Session be scheduled to explore Mr. Ring’s suggestions regarding an overall regional solution.

Joe Farnsworth, 1661 Columbia Circle, believes the consumer will ultimately pay for the stormwater fees, as businesses will pass their costs on to the consumer.

In response to Mr. Farnsworth’s questions regarding the testing and treatment of stormwater, City Manager Wilcox stated that the City doesn’t intend to treat the stormwater.  The City intends to control runoff, as required by Federal regulations, so that the runoff that occurs carries fewer pollutants into the system.  The City is required to determine, by surveying the entire watercourse where water flows into the storm system, where there might be contaminants flowing into the system; test where necessary; and deal with the contaminants.

The motion to read Ordinance No. 2006-02 passed on majority roll call vote as follows:

Mayor Donaldson

Aye

Vice-Mayor White

Aye

Councilmember Babbott

Aye

Councilmember Cooper

Aye

Councilmember Haughey

Nay

Councilmember Kelty

Aye

Councilmember Silva

Aye

Title was read as follows:

Ordinance No. 2006-02

An ordinance of the City of Flagstaff amending Title 12, Chapter 12-02, Stormwater Management Utility Service Fees, to acknowledge adoption of a Fee Credit Manual and to define the Construction Site Stormwater Pollution Prevention Plan.

Councilmember Cooper moved to adopt Ordinance No. 2006-02, seconded by Vice-Mayor White.

Councilmember Silva requested that staff continue to advertise the Stormwater Credit Manual and encourage homeowner and business use of fee credits.

The motion to adopt passed on majority roll call vote as follows:

Mayor Donaldson

Aye

Vice-Mayor White

Aye

Councilmember Babbott

Aye

Councilmember Cooper

Aye

Councilmember Haughey

Nay

Councilmember Kelty

Nay

Councilmember Silva

Aye

B.

Consideration of Ordinance No. 2006-17:  An ordinance adopting the City of Flagstaff Revised Interim Stormwater Utility Credit Manual.

RECOMMENDED ACTION:

Read Ordinance No. 2006-17 for the first time by title only.

Vice-Mayor White moved to read Ordinance No. 2006-17 for the first time by title only, seconded by Councilmember Cooper.

Malcolm Alter, Stormwater Manager, stated that he and the Stormwater Advisory Committee are committed to educating the community and getting the word out regarding the availability of stormwater credits.

The motion to read Ordinance No. 2006-17 passed on unanimous roll call vote as follows:

Mayor Donaldson

Aye

Vice-Mayor White

Aye

Councilmember Babbott

Aye

Councilmember Cooper

Aye

Councilmember Haughey

Aye

Councilmember Kelty

Aye

Councilmember Silva

Aye

Title was read as follows:

Ordinance No. 2006-17

An ordinance adopting the City of Flagstaff Revised Interim Stormwater Utility Credit Manual.

C.

Consideration of Ordinance No. 2006-04:  An ordinance authorizing the disposition of real property at 203 East Brannen Avenue.

RECOMMENDED ACTION:

Read Ordinance No. 2006-04 for the first time by title only.

Councilmember Haughey moved to read Ordinance No. 2006-04 for the first time by title only, seconded by Councilmember Cooper.

Council considered the following issues:

·         

If the property is not sold, it will continue to sit empty.

·         

Revenues from the sale could be reinvested back into the Southside community.

·         

Previous Council direction has been to use revenues from the sale to assist in the Adult Center remodel.

·         

The zoning on the property is for public use, and one requirement that could be added to the bid process is that the property is to be used for a community purpose.

·         

The Sawmill Development Plaza for public events, Sawmill Park, Willow Bend Center, Guadalupe Church Heritage Grant, and the proposed hotel and conference center at Northern Arizona University were given as examples of how the City is continuing to invest in the Southside.

·         

It isn’t clear if the Adult Center project is still going to require $300,000.00 from the sale of the Murdock Center, or a lesser amount.

·         

Discussions could continue with the Southside Neighborhood Association, if the end result is settling on a plan.

·         

The sale of the property has already been postponed to give the Southside community time to find a suitable use for the property.

·         

With a seemingly low appraised value of $395,000, it is possible the property could be sold for $500,000, with $300,000 going to the Adult Center remodel, and the balance being reinvested in the Southside community.

·         

It is perplexing to consider an ordinance to dispose of the property, while engaged in discussions with the community as to what to do with the property.

·         

It doesn’t make sense to take away this community asset when the Southside Master Plan consultant found there is very little public land in the Southside available for community oriented activities.

The following individuals spoke in opposition to Ordinance No. 2006-04:

Stan Mish, 1620 Spyglass, representing the Southside Neighborhood Association

Joe Farnsworth, 1661 Columbia Circle

Joe Ray, 2412 N. West Street

Coral Evans, 518 S. O’Leary Street

Phyllis Sweet, 30-260 S. Family Housing

Jonathan Day, 209 E. Cottage Avenue

Susan Longerbean, 4864 Elves Chasm

The following arguments were cited as reasons to reject the ordinance:

·         

City staff and the Southside community are working to come up with a suitable use for the building and need more time.

·         

More time is needed to collect additional documents from the City and from the Department of Housing and Urban Development.

·         

Much of the capital originally invested in the building came from the Federal government, not the City.

·         

Council is being asked to save the Southside’s community anchor point.

·         

The Southside neighborhood is one of the poorest in the City and would never be able to afford the asking price.

·         

The Murdock Center is the only publicly owned asset in the community; perhaps it could be utilized as a museum.

·         

It is an irreplaceable site and has a rich, historical significance, including the Dunbar School, which was the first school in Arizona to desegregate.

·         

Putting up a plaque or a memorial bench or anything of the kind nearby is highly insulting to the people of the Southside community.

·         

The neighborhood wants access to the center, wants the opportunity to run the facility, and is not asking for the City to run programs from the center.

·         

There were no open houses or town halls to ask the people if they wanted the City to sell their property.

·         

The issue is pitting the Southside community against the seniors who want the remodel of the Adult Center.

Vice-Mayor White moved to table the item to the August 1, 2006 meeting, seconded by Councilmember Kelty.

The motion passed on majority roll call vote as follows:

Mayor Donaldson

Aye

Vice-Mayor White

Aye

Councilmember Babbott

Aye

Councilmember Cooper

Nay

Councilmember Haughey

Nay

Councilmember Kelty

Aye

Councilmember Silva

Nay

D.

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

RECOMMENDED ACTION:

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

Adopt Ordinance No. 2006-16.

Councilmember Cooper moved to read Ordinance No. 2006-16 for the final time by title only.  The motion was seconded by Councilmember Babbott 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, Arizona, adopting the “2006 Amendments to the City Code regarding Taxation of Business Activities” by reference.

Councilmember Babbott moved to adopt Ordinance No. 2006-16, seconded by Vice-Mayor White.  The motion passed on unanimous vote.

11.     OTHER BUSINESS

A.

Consideration of Receiving The Community Housing Policy Task Force Report.

RECOMMENDED ACTION:

Receive the Community Housing Policy Task Force Report and identify the items to be included in the City’s work program.

Vice-Mayor White moved to approve the recommended action, seconded by Councilmember Babbott.

Councilmember Kelty stated her preference to add a bullet point under Key Considerations in the Staff Summary Report that directs staff to create a comprehensive affordable housing policy.

Vice-Mayor White moved to approve as amended, seconded by Councilmember Babbott.  The vote was unanimous in favor.

B.

Consideration of Policy Discussion on Sport Lighting Levels:  Thorpe Park lighting and future recreation facilities.

RECOMMENDED ACTION:

Provide direction on lighting for Thorpe Park and future recreation facilities.

Councilmember Cooper moved to accept Option 2, as follows:

Move forward with the ordering and procurement of Class III lighting equipment as designed and contracted.  If a subsequent decision to implement a Class IV lighting system can be made by September 1, 2006, then adjustments of the luminaire (light fixtures) alignments and reductions in the luminaire qualities would be made by field crews prior to installation of the lighting system.  The completion of the contract work would not be affected.

The motion was seconded by Vice-Mayor White.

The following issues were raised during discussion:

·         

Fully shielded Class III lighting meets the requirements of the Dark Skies Coalition.

·         

Class III lighting is used for tournament play throughout the City’s facilities.

·         

A comprehensive sports lighting policy is needed, and discussions should begin at the Parks and Recreation Commission level.

·         

Considering safety issues, and the City’s liability, Class III lighting is safer for the players on the field.

·         

When the lighting is too low, it becomes an incentive for crime.

·         

There will be plenty of opportunity to discuss Class IV lighting for future projects, but fully shielded Class III lighting has already been designed and contracted for this project.

The motion passed on majority roll call vote as follows:

Mayor Donaldson

Aye

Vice-Mayor White

Aye

Councilmember Babbott

Nay

Councilmember Cooper

Aye

Councilmember Haughey

Nay

Councilmember Kelty

Aye

Councilmember Silva

Nay

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

Councilmember Cooper requested that money be found in the budget to provide for the advertising of Boards and Commissions vacancies in the newspaper.

Councilmember Cooper requested that the Cityscape publication be utilized to recognize and thank outgoing Boards and Commissions members.

Councilmember Haughey asked to be provided an update on fire districts within the City’s jurisdiction.  His request stems from confusion during a recent Sedona wildfire as to jurisdiction.

13.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 9:02 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 June 6, 2006.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 21st day of June, 2006.

CITY CLERK