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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

 

April 17, 2007

6:00 p.m.

 

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.

 

CALL TO ORDER

 

The Meeting was called to order by Vice-Mayor Overton.

 

1.         PLEDGE OF ALLEGIANCE

 

Vice-Mayor Overton asked those present to stand for the Pledge of Allegiance.

 

2.         INVOCATION

 

Vice-Mayor Overton led a moment of silence.

 

3.         ROLL CALL

 

On roll call, the following were present:

 

 

Mayor Donaldson, Excused

 

Vice-Mayor Overton

Councilmember Cooper

Councilmember Haughey

Councilmember Kelty

Councilmember Swanson

Councilmember White

 

 

Also present were:

 

 

Interim City Manager, John Holmes

City Attorney, Patricia Boomsma

 

4.         MINUTES

 

A.

Consideration of Minutes: Regular Council Meeting of March 6, 2007.

 

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

 

5.         PUBLIC PARTICIPATION

 

6.         CONSENT - GENERAL:

 

 

 

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.

 

 

A.

Consideration of Purchase under Arizona State Contract:  Five mobile digital in-car video systems and associated equipment for the Police Department.

 

 

 

RECOMMENDED ACTION:

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.

 

 

B.

Consideration of Payment of Claims Expenses:  Estate of Leo Zilth v. City of Flagstaff.

 

 

 

RECOMMENDED ACTION:

Authorize payments not to exceed a total of $50,000.00 in claim expenses and/or settlement costs.

 

 

C.

Consideration of Expenditure Authorization:  Advertising publications for the Flagstaff Convention and Visitors Bureau.

 

 

 

RECOMMENDED ACTION:

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.

 

 

 

D.

Consideration of Payment of Claims Expenses and/or Settlement Costs and Authorization to Enter into Settlement Agreement:  Ursula Montaño.

 

 

 

 

RECOMMENDED ACTION:

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.

 

 

 

Councilmember Cooper moved to approve the Consent General Calendar.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

 

7.         CONSENT – CONTRACTUAL

 

 

A.

Consideration of Extension of Annual Bid:  Tennis and basketball court resurfacing.

 

 

 

RECOMMENDED ACTION:

Approve the third, one-year extension with General Acrylics, in the amount of $22,100.00, plus applicable taxes.

 

 

B.

Consideration of Extension of Annual Bid:  Portable chemical toilets.

 

 

 

RECOMMENDED ACTION:

Approve the first extension with Sandoval Sanitation at the prices listed in the staff summary attachment.

 

 

C.

Consideration of Bids:  Sale of city property at the northwest corner of Fourth Street and Route 66.

 

 

 

RECOMMENDED ACTION:

Accept the bid from AZNORTH Realty with payment to the City in the amount of $22,410.00.

 

 

D.

Consideration of Bids:  Third party advertising.

 

 

 

RECOMMENDED ACTION:

Approve the proposal from Michaels Wilder Group in the amount of $140,000.00.

 

 

E.

Consideration of Bids:  Videotaping services for City Council work sessions.

 

 

 

RECOMMENDED ACTION:

Approve the proposal from Derek Young, doing business as Video Wizard Productions, at a rate of $640.00 per four hour meeting.

 

 

F.

Consideration of Construction Contract:  2007 street maintenance program.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with Cactus Transport, Inc., in the amount of $1,153,402.40;

 

 

 

(2)

Authorize the City Manager to execute the necessary documents; and

 

 

 

(3)

Authorize change order authority in the amount of $115,340.24 (10%) to cover potential costs associated with unanticipated or additional items of work.

 

 

G.

Consideration of Service Agreement:  Tertiary filter rehabilitation at the Wildcat Hill Wastewater Treatment Plant.

 

 

 

RECOMMENDED ACTION:

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.

 

 

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.

 

 

Returning to Item C, Councilmember Kelty moved to approve the recommended action, seconded by Councilmember White.

 

 

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.

 

 

The Council asked for information on who gave the prospective purchaser permission to landscape on city property.

 

 

Vice-Mayor Overton moved to table for four weeks, seconded by Councilmember White.  The vote was unanimous in favor.

 

 

Item D was postponed for two weeks.

 

 

Returning to Item E, Councilmember Haughey moved to approve the recommendation, seconded by Councilmember White.

 

 

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.

 

 

The motion passed on unanimous vote.

 

 

8.         BOARDS AND COMMISSIONS

 

 

A.

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.]

 

 

 

RECOMMENDED ACTION:

Make the six appointments to varying terms.

 

 

Councilmember Haughey moved to convene into Executive Session, seconded by Councilmember Swanson.

 

 

The meeting reconvened at 6:39 p.m.

 

 

Councilmember Cooper moved to appoint Bruce Aiken to a term expiring in 2008, seconded by Councilmember Swanson.  The motion passed on unanimous vote.

 

 

Councilmember Swanson moved to appoint Janice Hunt to a term expiring 2009.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

 

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.

 

 

9.         PUBLIC HEARINGS

 

 

A.

Consideration of Liquor License Application:  Klaus Gottfried Baechle, “Matterhorn Grill”, 103 W. Birch Ave., 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.

 

 

Councilmember White moved to open the public hearing, seconded by Councilmember Kelty.  The motion passed on unanimous vote.

 

 

Mr. Baechle spoke to the Council in support of his liquor license application and of his excitement at opening his establishment.

 

 

Sgt. Dan Musselman of the Police Department performed the background investigation on the license and found no reason to oppose the license.

 

 

Councilmember White moved to close the public hearing, seconded by Councilmember Kelty.  The vote was unanimous in favor.

 

 

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

 

 

B.

Consideration of Liquor License Application:  Jan Alexander Wynand Ham, “Winestyles”, 2500 So. Woodlands Village Blvd., #27, 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.

 

 

Councilmember White moved to open the public hearing, seconded by Councilmember Swanson.  The motion passed on unanimous vote

 

 

Mr. Ham addressed the Council and urged that his application receive a positive recommendation.

 

 

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.

 

 

Councilmember White moved to close the public hearing.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

 

 

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.

 

 

10.       ORDINANCES AND RESOLUTIONS

 

A.

Consideration of Ordinance No. 2007-25:  An ordinance authorizing the disposition of real property in the vicinity of 5270 North Highway 89.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-25 for the final time by title only.

Adopt Ordinance No. 2007-25.

 

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:

 

 

Ordinance No. 2007-25

 

 

 

An ordinance authorizing the disposition of real property in the vicinity of 5270 North Highway 89.

 

 

Councilmember White moved for adoption.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.

 

B.

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.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-26 for the final time by title only.

Adopt Ordinance No. 2007-26.

 

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:

 

 

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.

 

 

Councilmember Cooper moved to adopt Ordinance No. 2007-26 by title only, seconded by Councilmember Kelty.  The motion passed unanimously.

 

C.

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.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-27 for the final time by title only.

Adopt Ordinance No. 2007-27.

 

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:

 

 

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.

 

 

Councilmember White moved for adoption, seconded by Councilmember Kelty.  The vote was unanimous in favor.

 

D.

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”.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-24 by title only.

Adopt Resolution No. 2007-24.

 

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:

 

 

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”.

 

 

Councilmember Cooper moved to adopt Resolution No. 2007-24, seconded by Councilmember Swanson.  The motion passed on unanimous vote

 

E.

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.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-28 for the first time by title only.

 

Councilmember White moved to read Ordinance No. 2007-28 for the first time by title only, seconded by Councilmember Cooper.

 

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.

 

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

 

 

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.

 

 

11.       OTHER BUSINESS

 

A.

Consideration of Council Discussion and Direction:  Assets Animal Project (Coconino Coalition for Children and Youth).

 

 

RECOMMENDED ACTION:

Provide direction on next steps.

 

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.

 

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

 

13.       ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 7:04 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 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.

 

                                                                          

CITY CLERK