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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 15, 2007

6:00 p.m.

 

 

A Meeting of the Flagstaff City Council was held on May 15, 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, READING OF THE MISSION STATEMENT, AND INVOCATION

 

Mayor Donaldson asked those present to stand for the Pledge of Allegiance, the reading of the Mission Statement, and the Invocation.

 

 

2.      ROLL CALL

 

On roll call, the following were present:

 

 

 

Mayor Donaldson

 

Vice-Mayor Overton

Councilmember Cooper, Excused

Councilmember Haughey

Councilmember Kelty

Councilmember Swanson

Councilmember White

 

 

 

Also present were:

 

 

 

Interim City Manager, John Holmes

City Attorney, Patricia Boomsma

 

 

3.       MINUTES

 

 

None.

 

 

4.        PUBLIC PARTICIPATION

 

 

None.

 

 

5.       CONSENT AGENDA

 

 

A.

Consideration of Bids:  Water quality monitoring equipment.

 

 

 

RECOMMENDED ACTION:

Approve the bid from the HACH Company in the amount of $24,452.00, plus applicable tax and shipping.

 

 

B.

Consideration of Bids:  Skid steer loaders for the Parks and Recreation Department.

 

 

 

RECOMMENDED ACTION:

Approve the bid from Flagstaff Equipment for two skid steer loaders in the amount of $64,430.97 plus applicable tax.

 

 

C.

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

 

 

 

RECOMMENDED ACTION:

Approve the bid from AZNORTH Realty in the amount of $22,410.00.

 

 

D.

Consideration of Cancellation of Bid Award:  Auto body repair services.

 

 

 

RECOMMENDED ACTION:

Cancel the bid award and contract with Andy’s Auto Repair and direct staff to revise the bid specifications and rebid.

 

 

E.

Consideration of Extension of Service Contract:  Abandoned vehicle towing services.

 

 

 

RECOMMENDED ACTION:

Approve the second, one-year extension with Northern Arizona Towing at the same prices and conditions as the original bid.

 

 

F.

Consideration of Second Amendment to Service Agreement:  Governmental and community relations.

 

 

 

RECOMMENDED ACTION:

Approve the second amendment to the agreement with Landry, Creedon & Associates, Inc., in the amount of $80,204.00 per year, plus expenses, and authorize the City Manager to execute the necessary documents.

 

 

G.

Consideration of Street Closure:  Native American Art Festival.

 

 

 

RECOMMENDED ACTION:

Authorize the street closure of Aspen Avenue from June 30, 2007 through July 2, 2007.

 

 

H.

Consideration of Street Closure:  2007 Great American Race.

 

 

 

RECOMMENDED ACTION:

Authorize the street closures of Aspen Avenue, San Francisco Street, and Leroux Street on July 11, 2007.

 

 

Councilmember Haughey moved to approve the Consent Agenda.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

 

6.      REGULAR AGENDA

 

 

A.

Consideration of Applicants for Appointments:  Firefighters’ Relief and Pension Board.  [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:

(1)

The Mayor should make the motion to appoint James Rawlinson, Albert Wenger, Jim Wheeler, and Mark Wilson.

 

 

 

(2)

Any Councilmember may make the motion to appointment Dick Heguy to the non-fire department position.

 

 

Mayor Donaldson moved to appoint James Rawlinson, Albert Wenger, Jim Wheeler and Mark Wilson to the Firefighters’ Relief and Pension Board.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

 

 

Vice-Mayor Overton moved to appoint Dick Heguy to the non-fire department position of the Firefighters’ Relief and Pension Board, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

 

B.

Consideration of Lease of City Property:  203 E. Brannen (Murdock Center.)

 

 

 

RECOMMENDED ACTION:

Approve the bid from Flagstaff Cooperative Preschool with a rent to the City of $500 per month and a $300 deposit for repairs.

 

 

Councilmember Kelty declared a conflict of interest and removed herself from the podium, and so did not enter into discussion or vote.

 

 

Councilmember White moved to approve the recommended action.

 

 

Vice-Mayor Overton moved to recess into Executive Session for legal advice, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

 

 

The Council Meeting resumed at 6:11 P.M.

 

 

The motion to approve was seconded by Mayor Donaldson.

 

 

Denny Birkland, Real Estate Manager, explained how subjective criteria, such as neighborhood compatibility, community benefit, and partnerships, are used when selecting a successful bidder.

 

 

Councilmembers in favor of a lease with Flagstaff Cooperative Preschool noted that:  (1) Two homeless shelters close together could have a negative impact on the neighborhood; (2) the location is not adequate for a homeless shelter or a long-term solution; (3) the site is specific to the needs of the preschool due to its partnership with, and proximity to, Northern Arizona University; (4) the preschool’s funding source is relatively secure; and (5) preschools give kids a jumpstart on higher education.

 

 

Councilmembers who preferred a lease with Flagstaff Shelter Services, Inc. felt that:  (1) the area has already been tested and shown to be suitable for a homeless shelter; (2) addressing homelessness is the community’s most immediate need; (3) the shelter would use the center year round; (4) if homelessness isn’t addressed, transient cook fires will continue to be a tremendous threat to the forest; and (5) law enforcement officers patrolling the forests for transient camps could be better utilized elsewhere.

 

 

The following Individuals spoke in favor of the Southside Community Association’s proposal:

 

 

 

Coral Evans, Southside Community Association

 

 

Deb Harris, Flagstaff resident

 

 

Jonathan Day, Flagstaff resident

 

 

Jamie Aguirre, Flagstaff resident

 

 

Joe Ray, representing Weed and Seed program

 

 

Arguments in favor of the Southside’s proposal included:

 

 

 

A partnership between the Southside Community Association, the NAACP, and the Murdock Preservation Committee was created to address the needs of the Southside community.

 

 

For the past 20 years, the neighborhood has been asking for a viable community center, which would be the best use of this property.

 

 

A private donor is willing to fund the operation and maintenance of a community center at this location for two years.

 

 

A community center would give the local children a sense of place and history.

 

 

Partnerships between the City of Flagstaff and Southside citizens would be strengthened through a community center.

 

 

The southside community wasn’t given adequate notice that the Murdock lease was on the Council’s agenda.

 

 

The item should be tabled for further discussion.

 

 

Those in favor of the proposal submitted by Flagstaff Cooperative Preschool were:

 

 

 

Liz Taylor, Flagstaff Cooperative Preschool

 

 

Ellen Rier, Flagstaff resident

 

 

The following arguments were cited as reasons to support staff’s recommendation:

 

 

 

The preschool would accommodate children from all income levels.

 

 

Community groups may use the facility evenings and weekends free of charge.

 

 

Providing safety, education and other opportunities for the children will change a community’s culture.

 

 

Councilmember White requested that staff facilitate meetings between the Flagstaff Cooperative Preschool and the Southside Community Association for a possible shared use plan.

 

 

Councilmember White moved to table the item for two weeks, seconded by Vice-Mayor Overton.  The motion passed on unanimous roll call vote as follows:

 

 

 

Mayor Donaldson

Aye

 

 

Vice-Mayor Overton

Aye

 

 

Councilmember Haughey

Aye

 

 

Councilmember Swanson

Aye

 

 

Councilmember White

Aye

 

 

Councilmember Kelty returned to the meeting.

 

 

C.

Consideration of Resolution No. 2007-32:  A resolution approving a development incentive agreement between the City of Flagstaff and Butler and Lone Tree, L.L.C.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-32 by title only.

Adopt Resolution No. 2007-32.

 

 

Councilmember Swanson moved to read Resolution No. 2007-32 by title only, seconded by Vice-Mayor Overton.  The motion passed on unanimous vote and title was read as follows:

 

 

 

Resolution No. 2007-32

 

 

 

 

A resolution approving a development incentive agreement between the City of Flagstaff and Butler and Lone Tree, L.L.C.

 

 

 

Councilmember White moved to adopt Resolution No. 2007-32.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

 

 

D.

Consideration of Ordinance No. 2007-30:  An ordinance (1) ratifying the order of the improvement of the area known as "City of Flagstaff, Arizona Aspen Place at the Sawmill Improvement District" by furnishing certain improvements; (2) awarding a construction contract for certain of such improvements and approving and authorizing the execution and delivery of such contract by the Superintendent of Streets of the City; (3) approving and authorizing the execution and delivery of an improvement district development and waiver agreement with respect to such district; (4) approving the assessment diagram and method of assessment with respect to such district; (5) authorizing the sale and issuance of not to exceed $20,000,000 aggregate principal amount of City of Flagstaff, Arizona Aspen Place at the Sawmill Improvement District improvement bonds to finance such improvements; (6) prescribing certain terms and conditions of such bonds including the delegation to the Management Services Director/Treasurer of the City of the authority to determine certain matters with respect to the bonds; (7) approving all documents necessary with respect to such bonds and authorizing the mayor or vice mayor of the city to execute and deliver such agreements; (8) authorizing preparation, execution and distribution of an official statement with respect to such bonds and (9) declaring an emergency.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-30 for the first time by title only.

Read Ordinance No. 2007-30 for the final time by title only.

Adopt Ordinance No. 2007-30.

 

 

Councilmember White moved to read Ordinance No. 2007-30 for the first time by title only, seconded by Councilmember Kelty.  The motion passed on unanimous vote and title was read as follows:

 

 

 

Ordinance No. 2007-30

 

 

 

 

An ordinance (1) ratifying the order of the improvement of the area known as "City of Flagstaff, Arizona Aspen Place at the Sawmill Improvement District" by furnishing certain improvements; (2) awarding a construction contract for certain of such improvements and approving and authorizing the execution and delivery of such contract by the Superintendent of Streets of the City; (3) approving and authorizing the execution and delivery of an improvement district development and waiver agreement with respect to such district; (4) approving the assessment diagram and method of assessment with respect to such district; (5) authorizing the sale and issuance of not to exceed $20,000,000 aggregate principal amount of City of Flagstaff, Arizona Aspen Place at the Sawmill Improvement District improvement bonds to finance such improvements; (6) prescribing certain terms and conditions of such bonds including the delegation to the Management Services Director/Treasurer of the City of the authority to determine certain matters with respect to the bonds; (7) approving all documents necessary with respect to such bonds and authorizing the mayor or vice mayor of the city to execute and deliver such agreements; (8) authorizing preparation, execution and distribution of an official statement with respect to such bonds and (9) declaring an emergency.

 

 

Councilmember White moved to read Ordinance No. 2007-30 for the final time by title only.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

 

 

Following the reading of Ordinance No. 2007-30 for the final time by title only, Councilmember White moved to adopt Ordinance No. 2007-30.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

 

 

The Council Meeting reconvened following a five-minute break without Councilmembers Haughey and White.

 

 

E.

Consideration of Service Agreement:  Construction, management, inspection and testing services for the Aspen Place at the Sawmill Improvement District project.

 

 

 

RECOMMENDED ACTION:

Approve the agreement with Pooled Resources in an amount not to exceed $1,486,432.00 with a 600-calendar-day contract time.

 

 

Vice-Mayor Overton moved to approve the recommended action, seconded by Councilmember Swanson.  The vote was unanimous in favor.  Councilmembers Haughey and White were absent from the room.

 

 

F.

Consideration of Bids:  Water efficient demonstration garden.

 

 

 

RECOMMENDED ACTION:

Approve the bid from Flagstaff Native Plant & Seed per the staff summary attachment.

 

 

Vice-Mayor Overton moved to approve the recommended action.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.  Councilmembers Haughey and White were absent from the room.

 

 

G.

Consideration of Bids:  Property/casualty insurance renewal.

 

 

 

RECOMMENDED ACTION:

Approve the proposal from Willis of Arizona and authorize payment of premiums and broker fee for the policy period of June 1, 2007, through May 31, 2008, in an amount not to exceed $881,129.00.

 

 

Vice-Mayor Overton moved to approve the recommended action, seconded by Councilmember Swanson.  The motion passed on unanimous vote.  Councilmembers Haughey and White were absent from the room.

 

 

H.

Consideration of Service Agreement:  Phase I and Phase II Engineering and design services for the South Beaver and San Francisco Streets street calming project.

 

 

 

RECOMMENDED ACTION:

Approve the agreement with Arcadia Studio, Landscape Architecture in the amount of $137,249.00.

 

 

Councilmember Swanson moved to approve the recommended action.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.  Councilmembers Haughey and White were absent from the room.

 

 

I.

Consideration of Service Contract:  Design services for the water source development project.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the design services contract with Az-Tech Design Inc., in the amount of $179,640.00; and

 

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

Councilmember Kelty moved to approve the recommended action, seconded by Councilmember Swanson.  The vote was unanimous in favor.  Councilmembers Haughey and White were absent from the room.

 

 

J.

Consideration of Construction Contract:  Two water source development project wells.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with ADT Drilling in the amount of $2,468,848.00, which includes a construction contingency allowance of $100,000.00, and a 300-day contract time; and

 

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

Vice-Mayor Overton moved to approve the recommended action.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.  Councilmembers Haughey and White were absent from the room.

 

 

K.

Consideration of Employment Agreement:  City Attorney.

 

 

 

RECOMMENDED ACTION:

Approve the employment agreement.

 

 

Councilmember Kelty moved to approve the recommended action, seconded by Vice-Mayor Overton.  The motion passed on unanimous vote.  Councilmembers Haughey and White were absent from the room.

 

 

L.

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 final time by title only.

Adopt Ordinance No. 2007-29.

 

 

Vice-Mayor Overton moved to read Ordinance No. 2007-29 for the final time by title only.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.  Councilmembers Haughey and White were absent from the room.  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.

 

 

 

Vice-Mayor Overton moved to adopt Ordinance No. 2007-29.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.  Councilmembers Haughey and White were absent from the room.

 

 

Councilmembers Haughey and White returned to the Council Meeting.

 

 

Jack Pablo, a Flagstaff resident, expressed opposition to the City Council’s decision to use wayside horns for the eastside.

 

 

Walter Robertson, a Flagstaff resident, stated the use of wayside horns for the eastside is unacceptable to the citizens and businesses in neighborhoods near the railroad crossings.

 

 

7.      PUBLIC HEARING ITEMS

 

 

None.

 

 

8.       COUNCIL DISCUSSION ITEMS

 

 

None.

 

 

9.         INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF,             REQUESTS FOR FUTURE AGENDA ITEMS

 

 

None.

 

 

10.    ADJOURNMENT

 

 

There being no further business to come before the Council, the Meeting was adjourned at 7:35 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 15, 2007.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 8th day of August, 2007.

 

 

 

 

 

                                                                           

CITY CLERK