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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 1, 2007

6:00 p.m.

 

A Meeting of the Flagstaff City Council was held on May 1, 2007 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 Kelty asked those present to stand for the Pledge of Allegiance.

 

2.      INVOCATION

 

Councilmember Kelty led a moment of silence.

 

3.      ROLL CALL

 

On roll call, the following were present:

 

 

Mayor Donaldson

 

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.

None.

 

5.        PUBLIC PARTICIPATION

 

None.

 

6.       CONSENT – GENERAL

 

A.

Consideration of Confirming Payment:  Emergency engine replacement for Environmental Services toploader.

 

 

RECOMMENDED ACTION:

Approve confirming payment to Freightliner of Flagstaff in the amount of $23,492.50.

 

B.

Consideration of Confirming Payment under State Contract:  Supervisors’ training and other professional development.

 

 

RECOMMENDED ACTION:

Approve confirming payment to Arizona Governmental Training Service in the amount of $45,000.00.

 

C.

Consideration of Confirming Payment:  Re-powering of dredge at Wildcat Wastewater Treatment Plant.

 

 

RECOMMENDED ACTION:

Approving confirming payment to Cummins Rocky Mountain in the amount of $15,467.00, plus applicable tax and freight.

 

D.

Consideration of Additional Expenditure Authority and Payment:  Two bookmobiles.

 

 

RECOMMENDED ACTION:

Approve additional expenditure authority and payment in the amount of $12,000.00 to Matthews Specialty Vehicles for additional work on the bookmobiles.

 

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:  Lignin sulfonate.

 

 

RECOMMENDED ACTION:

Approve the second and final bid extension to Shilon Corporation at a price of $.7666 per gallon, plus applicable taxes and freight.

 

B.

Consideration of Annual Bid:  Radio maintenance services.

 

 

RECOMMENDED ACTION:

Accept the bid from Niles Radio Communications in a base amount of $12,557.25, with other rates billed per the staff summary attachment.

 

C.

Consideration of Bids:  Bin maintenance truck for Environmental Services.

 

 

RECOMMENDED ACTION:

Accept the bid from Jim Babbitt for a diesel powered truck with a Ford F-550 cab and chassis 4 X 4, 19,000 GVW and a K-Pac Model KPCCR mounted container carrier in the amount of $58,040.25, plus applicable taxes.

 

D.

Consideration of Bids:  Arts, science, and cultural services.

 

 

RECOMMENDED ACTION:

Accept the bid from, and approve the agreement with, Flagstaff Cultural Partners in an amount not to exceed $370,000.00 for the first twelve months.

 

E.

Consideration of Bids:  Third-party advertising.

 

 

RECOMMENDED ACTION:

Accept the proposal from, and approve the agreement with, Michaels Wilder Group in an amount not to exceed $150,000.00.

 

F.

Consideration of Construction-Manager-At-Risk (CMAR) Contract:  Wastewater improvements projects.

 

 

RECOMMENDED ACTION:

Approve the CMAR contract with PCL Construction for a guaranteed maximum price in an amount not to exceed $28,573,744.00, which includes a $200,000.00 (1%) contingency to cover potential costs associated with unanticipated or additional items of work.

 

G.

Consideration of Consulting Services Agreement:  Wastewater improvements project.

 

 

RECOMMENDED ACTION:

Approve the consulting services agreement with Construction Management Associates in an amount not to exceed $545,850.00, and a contract allowance of $10,000.00 (1%).

 

H.

Consideration of Construction Contract:  Country Club Drive/Killip Elementary School landscaping project.

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with Atlantis Construction in the amount of $116,892.10, which includes a contract allowance of $15,000.00, and a contract period of 97 calendar days; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

I.

Consideration of Service Agreement:  Engineering construction management services for the wastewater improvements project.

 

 

RECOMMENDED ACTION:

Approve the agreement with Black & Veatch in an amount not to exceed $580,230.00

 

J.

Consideration of Application for Judicial Collection Enforcement Grant Funds:  Electronic field citation units for City Court.

 

 

RECOMMENDED ACTION:

Approve the submission of a grant application to the State of Arizona, Administrative Office of the Courts in the amount of $118,000.00 and authorize the acceptance upon award of the grant agreement.

K.

Consideration of First Amendment to Intergovernmental Agreement:  Northern Arizona University conference center complex and related improvements.

 

 

RECOMMENDED ACTION:

Approve the First Amendment to the intergovernmental agreement.

 

L.

Consideration of Intergovernmental Agreement:  Arizona Rural Policy Institute.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County and the Arizona Board of Regents, for and on behalf of Northern Arizona University, with an annual contribution of $50,000.00.

 

M.

Consideration of Intergovernmental Agreement:  Statewide Terrorism Office Program (Arizona terrorism liaison officers).

 

 

RECOMMENDED ACTION:

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

 

Vice-Mayor Overton moved to approve the Consent-Contractual Calendar with the exception of Items 7K and 7L.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.

 

Returning to Item 7K, Jeri Dustir, Deputy City Manager, noted that the first amendment is currently being reviewed by the University’s legal counsel.

 

Councilmember White moved to approve the recommended action, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

Returning to Item 7L, Councilmember White moved to approve the recommended action, seconded by Councilmember Swanson.

 

Jeri Dustir, Deputy City Manager, explained that this item is also under review by the University’s legal counsel.

 

The motion passed on unanimous vote.

 

8.      BOARDS AND COMMISSIONS:

 

A.

Consideration of Applicants for Appointments:  Citizens’ Transportation Advisory Committee.  [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:

Discuss in executive session and, at the Council meeting, make four appointments to varying terms.

 

Councilmember Haughey moved to appoint James Praet to an at-large term expiring December 2007, Thomas McGrath to an at-large term expiring December 2008, and Guillermo Cortez and Michael McCallister to at-large terms expiring December 2009.

 

The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

 

B.

Consideration of Applicants for Appointments:  Disability Awareness 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:

Discuss in executive session and, at the Council meeting, make two appointments to terms expiring March 2010.

 

Councilmember White moved to appoint Jerry O’Brien and Brittney Reagan to terms expiring March 2010.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

9.       PUBLIC HEARINGS

 

A.

Consideration of Liquor License Application:  Christine Elaine Snyder, “Air Fare”, 6200 S. Pulliam Drive, Ste. 109, 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 Statement 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 Overton moved to open the public hearing, seconded by Councilmember White.  The vote was unanimous in favor.

 

Christine Snyder, the applicant, spoke in favor of her application and noted that she and her daughter have been operating Air Fare at the Pulliam Airport for three years.

 

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

 

There being no further public input, Vice-Mayor Overton moved to close the public hearing.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

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.

 

10.     ORDINANCES AND RESOLUTIONS

 

A.

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 final time by title only.

Adopt Ordinance No. 2007-28.

 

Councilmember White moved to read Ordinance No. 2007-28 for the final time by title only, seconded by Vice-Mayor Overton.  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.

 

 

Councilmember Cooper moved to adopt Ordinance No. 2007-28.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

 

B.

Consideration of Resolution No. 2007-27:  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 “Illicit Discharge Detection and Elimination” – Amendment” to Title 12 of the Flagstaff City Code.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-27 by title only.

Adopt Resolution No. 2007-27.

 

Councilmember Haughey moved to read Resolution No. 2007-27 by title only, seconded by Councilmember White.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2007-27

 

 

 

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 “Illicit Discharge Detection and Elimination” – Amendment” to Title 12 of the Flagstaff City Code.

 

 

Councilmember White moved to adopt Resolution No. 2007-27, seconded by Vice-Mayor Overton.  The vote was unanimous in favor.

 

C.

Consideration of Ordinance No. 2007-29:  An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the “Illicit Discharge Detection and Elimination – Amendment” to Title 12 of the Flagstaff City Code.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-29 for the first time by title only.

 

Councilmember Cooper moved to read Ordinance No. 2007-29 for the first time by title only.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2007-29

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the “Illicit Discharge Detection and Elimination – Amendment” to Title 12 of the Flagstaff City Code.

 

 

D.

Consideration of Resolution No. 2007-23:  A resolution authorizing the submission of an application for a Flagstaff Urban Trails System Signage Phase II Grant and authorizing the acceptance upon award of the grant agreement.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-23 by title only.

Adopt Resolution No. 2007-23.

 

Councilmember White moved to read Resolution No. 2007-23 by title only, seconded by Councilmember Cooper.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2007-23

 

 

 

A resolution authorizing the submission of an application for a Flagstaff Urban Trails System Signage Phase II Grant and authorizing the acceptance upon award of the grant agreement.

 

 

Councilmember White moved to adopt Resolution No. 2007-23, seconded by Vice-Mayor Overton.  The vote was unanimous in favor.

 

E.

Consideration of Resolution No. 2007-25:  A resolution approving an intergovernmental agreement between the City of Flagstaff and Coconino County for use of reclaimed water at designated and additional sites at future locations.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-25 by title only.

Adopt Resolution No. 2007-25.

 

Councilmember Haughey moved to read Resolution No. 2007-25 by title only, seconded by Councilmember Kelty.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2007-25

 

 

 

A resolution approving an intergovernmental agreement between the City of Flagstaff and Coconino County for use of reclaimed water at designated and additional sites at future locations.

 

 

Councilmember Haughey moved to adopt Resolution No. 2007-25.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

F.

Consideration of Resolution No. 2007-26:  A resolution approving an intergovernmental agreement between the City of Flagstaff and the Flagstaff Unified School District for use of reclaimed water at designated and additional sites at future locations.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-26 by title only.

Adopt Resolution No. 2007-26.

 

Vice-Mayor Overton moved to read Resolution No. 2007-26 by title only, seconded by Councilmember White.  The vote was unanimous in favor and title was read as follows:

 

 

Resolution No. 2007-26

 

 

 

A resolution approving an intergovernmental agreement between the City of Flagstaff and the Flagstaff Unified School District for use of reclaimed water at designated and additional sites at future locations.

 

 

Vice-Mayor Overton moved to adopt Resolution No. 2007-26.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

 

G.

Consideration of Resolution No. 2007-29:  A resolution authorizing the submission of an application for the Red Gap Ranch pipe line alignment and real estate acquisition analysis grant and authorizing the acceptance upon award of the grant agreement.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-29 by title only.

Adopt Resolution No. 2007-29.

 

Councilmember Haughey moved to read Resolution No. 2007-29 by title only, seconded by Councilmember Cooper.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton, and Councilmembers Cooper, Haughey, Kelty and White in favor, and Councilmember Swanson opposed.  Title was read as follows:

 

 

Resolution No. 2007-29

 

 

 

A resolution authorizing the submission of an application for the Red Gap Ranch pipe line alignment and real estate acquisition analysis grant and authorizing the acceptance upon award of the grant agreement.

 

 

Councilmember Cooper moved to adopt Resolution No. 2007-29, seconded by Vice-Mayor Overton.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton, and Councilmembers Cooper, Haughey, Kelty and White in favor, and Councilmember Swanson opposed.

 

H.

Consideration of Resolution No. 2007-30:  A resolution approving the City of Flagstaff 2007/2008 Annual Action Plan and authorizing its submission to the United States Department of Housing and Urban Development.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-30 by title only.

Adopt Resolution No. 2007-30.

 

Councilmember White moved to read Resolution No. 2007-30 by title only.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2007-30

 

 

 

A resolution approving the City of Flagstaff 2007/2008 Annual Action Plan and authorizing its submission to the United States Department of Housing and Urban Development.

 

 

Councilmember White moved to adopt Resolution No. 2007-30, seconded by Councilmember Kelty.  The vote was unanimous in favor.

 

11.     OTHER BUSINESS

 

A.

Consideration of Naming Cedar Avenue FUTS Bridge.

 

 

RECOMMENDED ACTION:

Select the name of “Matt Kelly Urban Trail Bridge.”

 

Councilmember Kelty moved to approve the recommended action.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

 

B.

Consideration of Train Horn Mitigation Alternatives.

 

 

RECOMMENDED ACTION:

Approve Scenario A in the Gannett Fleming Report as follows:  Additional safety measures at Beaver Street, San Francisco Street BNSF right-of-way fencing and sidewalk treatment) and Enterprise Road (sidewalk treatment) and wayside horns at all five grade crossings.

 

Councilmember Kelty moved to approve Scenario D, creating a quiet zone with wayside horns at Steves Blvd. and Fanning Drive for cost savings, a median with bollards as an alternative safety measure at Enterprise Road, and pedestrian barriers at Beaver Street and San Francisco Street.  The motion was seconded by Councilmember White.

 

Councilmembers favoring Scenario A cited the following arguments:

 

 

·     

The option is safer for pedestrians, particularly when two trains pass simultaneously.

 

·     

Wayside horns are less than half the decibel level of train horns, with far less decibels than the allowed level for events in Wheeler Park.

 

·     

The scenario is reasonable, responsible, consistent, and accomplishes the City’s goals regarding train noise.

 

Councilmembers in favor of Scenario D gave the following reasons:

 

 

·     

Pedestrian barriers are needed at Beaver and San Francisco Streets due to heavy pedestrian traffic, while there is virtually no pedestrian traffic at Steves Blvd. or Fanning Drive .

 

·     

Each crossing has different needs and should be evaluated separately.

 

·     

Noise from downtown events is not as frequent or constant as it is with train noise.

 

·     

The option is $100,000.00 less than the recommended action and it addresses safety issues.

The motion to approve Scenario D passed on majority roll call vote as follows:

 

 

Mayor Donaldson

Aye

 

Vice-Mayor Overton

Nay

 

Councilmember Cooper

Nay

 

Councilmember Haughey

Aye

 

Councilmember Kelty

Aye

 

Councilmember Swanson

Aye

 

Councilmember White

Aye

 

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 6:31 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 1, 2007.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 25th day of July, 2007.

 

 

 

 

                                                                           

CITY CLERK