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NOTE:
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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.
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SUMMARIZED MINUTES
COUNCIL MEETING
April 17, 2007
6:00 p.m.
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A Meeting of the Flagstaff City Council was held on
Tuesday, April 17, 2007 convening at 6:02 P.M., in the Council Chambers at
City Hall, 211 West Aspen Avenue, Flagstaff, Arizona.
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CALL TO ORDER
The Meeting was called to order by Vice-Mayor Overton.
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1. PLEDGE OF ALLEGIANCE
Vice-Mayor Overton asked those present to stand for the
Pledge of Allegiance.
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2. INVOCATION
Vice-Mayor Overton led a moment of silence.
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3. ROLL CALL
On roll call, the following were present:
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Mayor Donaldson, Excused
Vice-Mayor Overton
Councilmember Cooper
Councilmember Haughey
Councilmember Kelty
Councilmember Swanson
Councilmember White
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Also present were:
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Interim City Manager, John Holmes
City Attorney, Patricia Boomsma
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4. MINUTES
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A.
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Consideration of
Minutes: Regular Council
Meeting of March 6, 2007.
RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.
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5. PUBLIC PARTICIPATION
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6. CONSENT - GENERAL:
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ALL MATTERS UNDER
‘CONSENT CALENDAR’ ARE CONSIDERED BY THE CITY COUNCIL TO BE ROUTINE AND WILL
BE ENACTED BY ONE MOTION APPROVING THE RECOMMENDATIONS LISTED ON THE AGENDA.
UNLESS OTHERWISE INDICATED, EXPENDITURES APPROVED BY COUNCIL ARE BUDGETED
ITEMS.
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A.
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Consideration of Purchase under Arizona State Contract: Five mobile digital in-car video systems and associated
equipment for the Police Department.
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RECOMMENDED ACTION:
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Approve the purchase of
a Digital In-Car Video Recording Solution from L3 Communications
Mobile-Vision, Inc., in the amount of $48,049.00, plus applicable tax and
shipping.
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B.
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Consideration of
Payment of Claims Expenses:
Estate of Leo Zilth v. City of Flagstaff.
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RECOMMENDED ACTION:
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Authorize payments not
to exceed a total of $50,000.00 in claim expenses and/or settlement costs.
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C.
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Consideration of
Expenditure Authorization:
Advertising publications for the Flagstaff Convention and Visitors Bureau.
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RECOMMENDED ACTION:
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Approve expenditures in
an aggregate total amount not to exceed $265,050.00 for advertising in the
following publications: Huffman Media (Westways, Texas Journey, Arizona
Highroads); Sunset Magazine; Madden Preprint Publishing; Arizona Republic ; Los Angeles Times; and the AAA Arizona/New Mexico TourBook.
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D.
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Consideration of Payment of Claims Expenses and/or
Settlement Costs and Authorization to Enter into Settlement Agreement:
Ursula Montaño.
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RECOMMENDED ACTION:
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Authorize the City Manager to execute payment not to
exceed $41,640.66 pursuant to a settlement agreement between the City of Flagstaff and Ursula Montaño and authorize the City Manager to execute the settlement
agreement.
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Councilmember Cooper moved to approve the Consent General
Calendar. The motion was seconded by Councilmember White and passed on
unanimous vote.
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7. CONSENT
– CONTRACTUAL
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A.
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Consideration of Extension of Annual Bid:
Tennis and basketball court resurfacing.
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RECOMMENDED ACTION:
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Approve the third,
one-year extension with General Acrylics, in the amount of $22,100.00, plus
applicable taxes.
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B.
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Consideration of
Extension of Annual Bid:
Portable chemical toilets.
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RECOMMENDED ACTION:
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Approve the first
extension with Sandoval Sanitation at the prices listed in the staff summary
attachment.
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C.
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Consideration of
Bids: Sale of city
property at the northwest corner of Fourth Street and Route 66.
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RECOMMENDED ACTION:
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Accept the bid from
AZNORTH Realty with payment to the City in the amount of $22,410.00.
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D.
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Consideration of
Bids: Third party
advertising.
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RECOMMENDED ACTION:
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Approve the proposal
from Michaels Wilder Group in the amount of $140,000.00.
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E.
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Consideration of
Bids: Videotaping services
for City Council work sessions.
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RECOMMENDED ACTION:
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Approve the proposal
from Derek Young, doing business as Video Wizard Productions, at a rate of
$640.00 per four hour meeting.
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F.
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Consideration of
Construction Contract:
2007 street maintenance program.
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RECOMMENDED ACTION:
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(1)
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Approve the
construction contract with Cactus Transport, Inc., in the amount of
$1,153,402.40;
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(2)
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Authorize the City
Manager to execute the necessary documents; and
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(3)
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Authorize change order
authority in the amount of $115,340.24 (10%) to cover potential costs
associated with unanticipated or additional items of work.
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G.
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Consideration of
Service Agreement:
Tertiary filter rehabilitation at the Wildcat Hill Wastewater Treatment
Plant.
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RECOMMENDED ACTION:
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Approve the agreement
with Siemens Water Technologies for the purchase and installation of three
Gravisand™ filtration systems in an amount not to exceed $539,757.00, which
includes a contract allowance of $10,000.00 for unanticipated extra work.
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Councilmember Cooper
moved to approve the Consent-Contractual Calendar, with the exception of
Items C, D and E, seconded by Councilmember White. The motion passed
unanimously.
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Returning to Item C, Councilmember
Kelty moved to approve the recommended action, seconded by Councilmember
White.
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In conversations with the
successful bidder, some Councilmembers have learned that he would like to
deduct the cost of improvement he has already made to the property against
the purchase price and that he would like the City to remove water meter from
the property.
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The Council asked for
information on who gave the prospective purchaser permission to landscape on
city property.
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Vice-Mayor Overton
moved to table for four weeks, seconded by Councilmember White. The vote was
unanimous in favor.
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Item D was postponed
for two weeks.
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Returning to Item E,
Councilmember Haughey moved to approve the recommendation, seconded by
Councilmember White.
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Speaking in support of
the recommended action, Derek Young of Video Wizard identified that the tapes
are more expensive because they have a longer running time and that he has
had to purchase additional equipment.
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The motion passed on
unanimous vote.
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8. BOARDS AND COMMISSIONS
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A.
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Consideration of
Applicants for Appointments:
Beautification and Public Art Commission. [The City Council may vote to discuss
this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).
The names of the applicants may be obtained by contacting the City Clerk.]
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RECOMMENDED ACTION:
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Make the six
appointments to varying terms.
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Councilmember Haughey
moved to convene into Executive Session, seconded by Councilmember Swanson.
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The meeting reconvened
at 6:39 p.m.
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Councilmember Cooper
moved to appoint Bruce Aiken to a term expiring in 2008, seconded by
Councilmember Swanson. The motion passed on unanimous vote.
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Councilmember Swanson
moved to appoint Janice Hunt to a term expiring 2009. The motion was
seconded by Councilmember White and passed on unanimous vote.
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Councilmember Swanson
moved to appoint Mary Rabe to a term expiring 2010, seconded by Councilmember
White. The motion passed on majority vote with Vice-Mayor Overton and
Councilmembers Cooper, Kelty, Swanson, and White voting in favor, and
Councilmember Haughey opposed.
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9. PUBLIC
HEARINGS
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A.
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Consideration of
Liquor License Application:
Klaus Gottfried Baechle, “Matterhorn Grill”, 103 W. Birch Ave., Series 12,
New License.
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RECOMMENDED ACTION:
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Open the public
hearing.
Receive citizen input.
Close the public
hearing.
The City Council has
the option to:
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(1)
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Forward the application
to the State with a recommendation for approval;
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(2)
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Forward the application
to the State with no recommendation; or
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(3)
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Forward the application
to the State with a recommendation for denial based on the testimony received
at the public hearing and/or other factors.
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Councilmember White
moved to open the public hearing, seconded by Councilmember Kelty. The
motion passed on unanimous vote.
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Mr. Baechle spoke to
the Council in support of his liquor license application and of his
excitement at opening his establishment.
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Sgt. Dan Musselman of
the Police Department performed the background investigation on the license
and found no reason to oppose the license.
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Councilmember White
moved to close the public hearing, seconded by Councilmember Kelty. The vote
was unanimous in favor.
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Councilmember White
moved to forward the application to the State with a recommendation for
approval. The motion was seconded by Councilmember Kelty and passed on
unanimous vote
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B.
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Consideration of
Liquor License Application:
Jan Alexander Wynand Ham, “Winestyles”, 2500 So. Woodlands Village Blvd.,
#27, Series 10, New License.
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RECOMMENDED ACTION:
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Open the public
hearing.
Receive citizen input.
Close the public
hearing.
The City Council has
the option to:
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(1)
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Forward the application
to the State with a recommendation for approval;
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(2)
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Forward the application
to the State with no recommendation; or
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(3)
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Forward the application
to the State with a recommendation for denial based on the testimony received
at the public hearing and/or other factors.
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Councilmember White
moved to open the public hearing, seconded by Councilmember Swanson. The
motion passed on unanimous vote
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Mr. Ham addressed the
Council and urged that his application receive a positive recommendation.
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Sgt. Dan Musselman of
the Flagstaff Police Department conducted the background investigation and
found no problems. Consequently, the Department has no reason to oppose the
application.
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Councilmember White
moved to close the public hearing. The motion was seconded by Councilmember
Cooper and passed on unanimous vote.
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Councilmember White
moved to forward the application to the State with a recommendation for
approval, seconded by Councilmember Haughey. The vote was unanimous in
favor.
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10. ORDINANCES AND RESOLUTIONS
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A.
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Consideration of
Ordinance No. 2007-25: An
ordinance authorizing the disposition of real property in the vicinity of 5270 North Highway 89.
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RECOMMENDED ACTION:
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Read Ordinance No.
2007-25 for the final time by title only.
Adopt Ordinance No. 2007-25.
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Councilmember Cooper moved to read Ordinance No. 2007-25 for
the final time by title only, seconded by Councilmember White. The motion
passed on unanimous vote and title was read as follows:
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Ordinance
No. 2007-25
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An ordinance
authorizing the disposition of real property in the vicinity of 5270 North Highway 89.
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Councilmember White moved for adoption. The motion was
seconded by Councilmember Kelty and passed on unanimous vote.
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B.
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Consideration of
Ordinance No. 2007-26: An
ordinance of the City of Flagstaff amending City Code, Title 12, Chapter
12-02, Stormwater Management Utility, to correct Detached Single-Family Rate
Table errors.
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RECOMMENDED ACTION:
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Read Ordinance No.
2007-26 for the final time by title only.
Adopt Ordinance No.
2007-26.
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Councilmember Cooper moved to read Ordinance No. 20070-26
for the final time by title only, seconded by Councilmember Haughey. The
motion passed on unanimous vote and title was read as follows:
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Ordinance No. 2007-26
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An ordinance of the
City of Flagstaff amending City Code, Title 12, Chapter 12-02, Stormwater
Management Utility, to correct Detached Single-Family Rate Table errors.
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Councilmember Cooper moved to adopt Ordinance No. 2007-26
by title only, seconded by Councilmember Kelty. The motion passed
unanimously.
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C.
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Consideration of
Ordinance No. 2007-27: An
ordinance Amending Title 2, Chapter 2 of the Flagstaff City Code, Boards and
Commissions, by adding Chapter 2-17, Sustainability Commission.
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RECOMMENDED ACTION:
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Read Ordinance No.
2007-27 for the final time by title only.
Adopt Ordinance No.
2007-27.
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Councilmember White moved to read Ordinance No. 2007-27
for the final time by title only, seconded by Councilmember White. The
motion passed on unanimous vote and title was read as follows:
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Ordinance
No. 2007-27
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An ordinance Amending
Title 2, Chapter 2 of the Flagstaff City Code, Boards and Commissions, by
adding Chapter 2-17, Sustainability Commission.
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Councilmember White moved for adoption, seconded by
Councilmember Kelty. The vote was unanimous in favor.
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D.
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Consideration of
Resolution No. 2007-24: 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 2007 Amendments to the City Code regarding Hotels,
Legislatively Imposed Preemptions, and Housekeeping Changes to Correct State
Statutory References”.
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RECOMMENDED ACTION:
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Read Resolution No.
2007-24 by title only.
Adopt Resolution No.
2007-24.
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Councilmember White moved to read Resolution No. 2007-24
by title only, seconded by Councilmember Kelty. The motion passed on
unanimous vote and title was read as follows:
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Resolution
No. 2007-24
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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 2007
Amendments to the City Code regarding Hotels, Legislatively Imposed
Preemptions, and Housekeeping Changes to Correct State Statutory References”.
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Councilmember Cooper moved to adopt Resolution No.
2007-24, seconded by Councilmember Swanson. The motion passed on unanimous
vote
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E.
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Consideration of
Ordinance No. 2007-28: An
ordinance of the City Council of the City of Flagstaff, Arizona, adopting the
“2007 Amendments to the City Code regarding Hotels, Legislatively Imposed
Preemptions, and Housekeeping Changes to Correct State Statutory References”
by reference.
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RECOMMENDED ACTION:
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Read Ordinance No.
2007-28 for the first time by title only.
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Councilmember White moved to read Ordinance No. 2007-28
for the first time by title only, seconded by Councilmember Cooper.
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In response to a Council concern that some of the new fees
are not exempt from impact fees, information will be prepared and presented
to the Council that clarifies the issue.
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The motion passed on unanimous vote and title was read as
follows:
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Ordinance No. 2007-28
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An ordinance of the
City Council of the City of Flagstaff, Arizona, adopting the “2007 Amendments
to the City Code regarding Hotels, Legislatively Imposed Preemptions, and
Housekeeping Changes to Correct State Statutory References” by reference.
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11. OTHER BUSINESS
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A.
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Consideration of
Council Discussion and Direction: Assets Animal Project (Coconino Coalition for Children and Youth).
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RECOMMENDED ACTION:
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Provide direction on
next steps.
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It was the consensus of Council to redirect this item back
to the Beautification and Public Art Commission for a full discussion and
recommendation to the Council.
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12. INFORMATIONAL ITEMS TO OR FROM MAYOR,
COUNCIL OR CITY MANAGER.
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13. ADJOURNMENT
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There being no further business to come before the
Council, the Meeting was adjourned at 7:04 p.m.
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MAYOR
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ATTEST:
CITY CLERK
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CERTIFICATION
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STATE OF ARIZONA,
Coconino County.
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ss.
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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 April 17, 2007. I further certify
that the Meeting was duly called and held and that a quorum was present.
DATED this 6th day of June, 2007.
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CITY CLERK
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