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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 15, 2008

6:00 p.m.

 

A Meeting of the Flagstaff City Council was held on April 15, 2008 convening at 6:09 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, READING OF THE MISSION STATEMENT, AND INVOCATION

 

Vice-Mayor Overton 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  -  Excused

 

Vice-Mayor Overton

Councilmember Cooper

Councilmember Haughey

Councilmember Kelty

Councilmember Swanson

Councilmember White

 

 

Also present were:

 

 

City Manager, Kevin Burke

City Attorney, Patricia Boomsma

 

3.       MINUTES

 

A.

Consideration of Minutes: Regular Council Meetings of March 18, 2008 and April 1, 2008.

 

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

 

Councilmember White moved to approve the Minutes as submitted, seconded by Councilmember Cooper.  The vote was unanimous in favor.

 

4.        PUBLIC PARTICIPATION

 

Ruth Ann Border, downtown resident and business owner, representing over 900 citizens and business owners downtown, urged Council to slow the timeline of the implementation of the Downtown Management Plan until the new Council is seated. 

 

John DeNune, downtown business owner, stated his opposition to parking meters in the downtown area and urged Council to use the taxpayer’s money to pay for increased downtown parking.

 

5.       CONSENT AGENDA

 

A.

Consideration of Purchase under the City of Tempe Contract:  Water truck.

 

 

RECOMMENDED ACTION:

Approve the purchase of a water truck, less a water tank hydraulic system, from Freightliner-Sterling-Western Star in an amount not to exceed $118,253.53, plus applicable taxes and delivery charges.

 

B.

Consideration of Purchase under the Arizona State Contract:  Furniture for the Northern Arizona Science, Technology and Clean Energy Building project.

 

 

RECOMMENDED ACTION:

Approve the purchase of furniture from Goodman’s Interiors in the amount of $108,884.00, plus tax and E. J. Office in the amount of $13,212.00, plus tax.

 

C.

Consideration of Purchase under the Arizona State Contract:  Traffic marking paint.

 

 

RECOMMENDED ACTION:

Approve the purchase from Pervo Paint in the amount of $53,500.00, plus applicable tax and shipping.

 

D.

Consideration of Increase in Work Order Authorization:  Software upgrade for the work order application.

 

 

RECOMMENDED ACTION:

Authorize an additional $24,000.00 expenditure to SunGard HTE to upgrade the work order application.

 

E.

Consideration of Confirming Payment:  Rental of replacement front loader truck.

 

 

RECOMMENDED ACTION:

Approve confirming payment to Big Truck Rental, LLP in the amount of $19,895.14.

 

F.

Consideration of Payment of Claim Expenses and/or Settlement Costs:  Raybould v. City of Flagstaff.

 

 

RECOMMENDED ACTION:

Authorize payment not to exceed a total of $26,000.00 in claims expenses and/or settlement costs.

 

G.

Consideration of Extension of Annual Bid:  Lawn mowing services.

 

 

RECOMMENDED ACTION:

Approve the second bid extension to Mountain Top Trimmers at the prices listed on the staff summary attachment and authorize the addition or deletion of services as necessary.

 

H.

Consideration of Extension of Annual Bid:  ABC material.

 

 

RECOMMENDED ACTION:

Approve the final, one-year extension to Rinker Materials at a cost of $15.50 per ton, plus applicable sales tax and freight for product from the Glory pit and $11.00 per ton, plus applicable sales tax and freight for product from the McCormick pit.

 

I.

Consideration of Extension of Annual Bid:  Herbicide spraying.

 

 

RECOMMENDED ACTION:

Approve the final, one year bid extension to Northern Arizona Property Maintenance Incorporated at the cost per site listed on the staff summary attachment and authorize the addition or deletion of services as necessary.

 

J.

Consideration of Extension of Annual Bid:  Biodiesel fuel.

 

 

RECOMMENDED ACTION:

Approve the final bid extension to Pro Petroleum Incorporated for B100 biodiesel fuel at a cost of $.1269 per gallon under the OPIS price and diesel at $.0299 over OPIS price, plus applicable tax.

 

K.

Consideration of Extension of Annual Bid:  Portable chemical toilets.

 

 

RECOMMENDED ACTION:

Approve the second bid extension to Sandoval Sanitation at the prices and conditions listed on the staff summary attachment.

 

L.

Consideration of Extension of Annual Bid:  Landscaping and snow removal services.

 

 

RECOMMENDED ACTION:

Approve the bid extension to Morning Dew Landscaping, Incorporated in an amount not to exceed $80,000.00 for base landscaping services with snow removal and additional services per the staff summary attachment.

 

M.

Consideration of Bid and Related Lease:  Cardio, fitness, and strength equipment for the Flagstaff Aquaplex project.

 

 

RECOMMENDED ACTION:

(1)

Accept the bid from Star Trac Fitness, Incorporated in the amount of $52,925.00, plus freight and applicable taxes; and

 

 

(2)

Approve the lease with the Bank of Blue Valley under the terms and conditions of the bid documents with Star Trac in an annual amount of $34,980.00 for a term of three years.

 

N.

Consideration of Change Order No. 2:  Installation of 8-inch perforated well casing/well drilling contract.

 

 

RECOMMENDED ACTION:

Approve Change No. 2 with ADT Drilling for Option No. 3 for no additional cost and a contract time extension of 40 calendar days.

 

O.

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

 

 

RECOMMENDED ACTION:

Approve the final, one-year contract extension with Northern Arizona Towing at the same prices and conditions as the initial contract.

 

P.

Consideration of Amendment No. 3 to Design/Build Agreement:  Fire station relocation program.

 

 

RECOMMENDED ACTION:

(1)

Approve Amendment No. 3 with FCI Constructors, Inc., for a maximum guaranteed price for Fire Station No. 3 in the amount of $3,192,304.00, which includes a contract allowance in the amount of $60,000.00 and a contract time of 315 calendars days; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

Q.

Consideration of Renewal of Cooperative Fire Rate Agreement:  Forest and wildland fire protection.

 

 

RECOMMENDED ACTION:

Approve renewal of the cooperative fire rate agreement with the Arizona State Forestry Division at the rates listed on the staff summary attachment.

 

R.

Consideration of Construction Contract:  2008 Street maintenance program.

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contact with Sunland Asphalt, Inc., in the amount of $1,151,847.76;

 

 

(2)

Authorize the City Manager to execute the necessary documents; and

 

 

(3)

Authorize change order authority in the amount of $115,184.77 (10%) to cover potential costs associated with unanticipated or additional items of work.

 

S.

Consideration of Construction-Manager-at-Risk Contract:  Pulliam Airport Master Plan Improvements, Airport Terminal Enhancements and Terminal Security Enhancement projects

 

 

RECOMMENDED ACTION:

(1)

Approve the construction-manager-at-risk contract with Loven Contracting, Inc., in an amount not to exceed $27,245.00, subject to approval by the Federal Aviation Administration;

 

 

(2)

Authorize the City Manager to execute the necessary documents subject to approval of the Federal Aviation Administration; and

 

 

(3)

Authorize change order authority in the amount of $2,724.50 (10%) to cover potential costs associated with unanticipated or additional items of work.

 

T.

Consideration of Mutual Aid Agreement/Intergovernmental Agreement:  Water and wastewater agency response network.

 

 

RECOMMENDED ACTION:

Approve the Mutual Aid Agreement/Intergovernmental among the members of the Arizona Water and Wastewater Agency Response Network.

 

U.

Consideration of Intergovernmental Agreement:  Nutrition education programs in City facilities.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County.

 

V.

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

 

 

RECOMMENDED ACTION:

Approve expenditures in a total amount not to exceed $313,012 at the costs and terms outlined in the staff summary attached.

 

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

 

6.     PUBLIC HEARING ITEMS (Public Hearing Items Will Not be Heard Prior to 6:00 p.m.)

 

No items were submitted.

 

7.      REGULAR AGENDA

 

A.

Consideration of Applicants for Appointments:  Open Spaces 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 one appointment to a natural sciences term expiring April, 2011.

 

Councilmember Kelty moved to table the appointment, seconded by Councilmember White.  The motion passed on unanimous vote.

 

B.

Consideration of Applicants for Appointments:  Traffic 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 one appointment to a citizen member term expiring July, 2008.

 

Vice-Mayor Overton moved to appoint Steve Ruble to a citizen member term expiring July, 2008.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

 

C.

Consideration of Applicants for Appointments:  Industrial Development Authority.  [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 three appointments to terms expiring April, 2014.

 

Vice-Mayor Overton moved to table the appointment, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

D.

Consideration of Proposed Fees and Charges:  Flagstaff Aquaplex.

 

 

RECOMMENDED ACTION:

The Parks and Recreation Commission recommends adoption of the FY 2009 fees and charges proposal.

 

Councilmember White moved to approve the recommended action, seconded by Councilmember Haughey.  The motion passed on majority vote with Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and White voting in favor, and Councilmember Swanson opposed.

 

E.

Consideration of Street Closure:  2008 Northland Hospice Run/Walk.

 

 

RECOMMENDED ACTION:

Approve the street closure of Birch Avenue between Humphreys Street and Sitgreaves on Saturday, June 28, 2008.

 

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

 

F.

Consideration of Assurance of Performance Agreement and Irrevocable Standby Letter of Credit:  McMillan Mesa Village.

 

 

RECOMMENDED ACTION:

Approve the Assurance of Performance Agreement and Irrevocable Standby Letter of Credit.

 

Mike Despriet, Cavan Real Estate Investments, presented himself to Council for questions.

 

Councilmember Kelty moved to recess into Executive Session for legal advice, seconded by Councilmember Swanson.  The vote was unanimous in favor.

 

The Council Meeting resumed at 6:42 p.m.

 

As a result of staff’s due diligence, it was learned that Reliance Bank, the issuer of the assurance, is not presently in good standing with the Arizona Corporation Commission.  Council also expressed concern that the irrevocable standby letter of credit, accompanied by a letter governing the letter of credit, is not a standard form of assurance.

 

Mr. Despriet responded that Reliance Bank is a well-established financial institute in several other states, but is new to Arizona.  He stated that the irrevocable standby letter of credit presented is a standard form of assurance, per City Ordinance No. 1925.  The performance bond option was not acceptable to the bank because it is not subject to partial releases, and the cash bond option would be cumbersome due to having to put up 120% of the engineer’s estimate in cash.  A letter of credit is the only assurance accepted by the City that allows for partial releases as the project progresses, retaining 20% until project completion.

 

Vice-Mayor Overton moved to approve the recommended action, on the condition that the contract will not be signed until the bank is in good standing with the Arizona Corporation Commission.  The motion was seconded by Councilmember Haughey and failed on a tie vote with Vice-Mayor Overton and Councilmembers Cooper and Haughey in favor, and Councilmembers Kelty, Swanson and White opposed.

 

Councilmember Kelty moved to reconsider the item, seconded by Councilmember Haughey.  The motion passed on majority vote with Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.

 

Councilmember Cooper moved to table the item until such time as the bank provides proof of good standing with the Arizona Corporation Commission.  The motion was seconded by Councilmember Haughey and passed on majority vote with Vice-Mayor Overton and Councilmembers Cooper, Haughey, and Kelty in favor, and Councilmembers Swanson and White opposed.

 

G.

Consideration of PC SUB 2008-001:  A request for preliminary plat approval by Pete Reznick for University Terrace Unit 2, a 20-lot single-family residential subdivision on a 10.55-acre parcel located at 4015 South Holland Road in the R1, Residential Zoning District.

 

 

RECOMMENDED ACTION:

The Planning and Zoning Commission recommends approval of the preliminary plat.

 

Councilmember White moved to approve the recommended action, seconded by Councilmember Swanson.  The motion passed on unanimous vote.

 

H.

Consideration of PC SUB 2008-002:  A request for preliminary plat approval by Trade Winds, LLC, for the West End Condominiums, a 34-unit business condominium subdivision on a 2.53 acre parcel located at 1600 West University Drive in the LI, Light Industrial Zoning District.

 

 

RECOMMENDED ACTION:

The Planning and Zoning Commission recommends approval of the preliminary plat.

 

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

 

I.

Consideration of Ordinance No. 2008-12:  An ordinance of the City Council of the City of Flagstaff, Arizona, amending City Code, Title 4, Chapters 1 and 8 for specific text amendments thereto.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-12 for the final time by title only.

Adopt Ordinance No. 2008-12.

 

Councilmember White moved to read Ordinance No. 2008-12 for the final time by title only.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2008-12

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, amending City Code, Title 4, Chapters 1 and 8 for specific text amendments thereto.

 

 

Councilmember Haughey moved to adopt Ordinance No. 2008-12.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

J.

Consideration of Ordinance No. 2008-13:  An ordinance amending, revising and supplementing Section 9-01-001-0006 of the Flagstaff City Code entitled “Parking Areas Reserved for Physically Disabled.”

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-13 for the final time by title only.

Adopt Ordinance No. 2008-13.

 

Councilmember White moved to read Ordinance No. 2008-13 for the final time by title only, seconded by Councilmember Cooper.  Title was read as follows:

 

 

Ordinance No. 2008-13

 

 

 

An ordinance amending, revising and supplementing Section 9-01-001-0006 of the Flagstaff City Code entitled “Parking Areas Reserved for Physically Disabled.”

 

 

Councilmember White moved to adopt Ordinance No. 2008-13.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

K.

Consideration of Ordinance No. 2008-14:  An ordinance authorizing the City of Flagstaff to enter into a Development and Disposition Agreement with Hawkins Companies, L.L.C. for the sale and development of approximately 33 acres of land at Fourth Street and Route 66.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-14 for the first time by title only.

 

Councilmember White moved to read Ordinance No. 2008-14 for the first time by title only, seconded by Councilmember Kelty.

 

The following individuals spoke in favor of the ordinance:

 

 

Judy Loukes, local realtor

 

Joe Galli, Chamber of Commerce and Realtor’s Association

 

Those in favor made the following comments:

 

 

This is not the appropriate location for housing; move forward with the proposed plan.

 

Dedicate a portion of the proceeds from the sale of the parcels to affordable housing.

 

It is a well thought-out plan, with good utilization of the parcels.

 

Michael Kerski, Community Investment Director, reviewed the request for proposal process, the questions presented to the developers and their responses, and how each developer scored.

 

Gary Hawkins, owner and CEO of Hawkins Companies, spoke at length regarding the structure, breath and history of his company.  Soil testing has been conducted at the parcels, a traffic survey is underway, an architect and leasing agent have been hired, a website has been created for the project, and signage and a logo have been designed.

 

Some Councilmembers pointed to the housing crisis in Flagstaff and were disappointed that the project does not have an affordable housing component.  The developer responded that this particular site is not suitable for housing, especially because of its proximity to the railroad.

 

It was suggested that the City is over-reliant on retail and this land deal represents a lost opportunity to use public land to attract new companies who would bring in higher paying light manufacturing jobs, rather than more retail with its lower paying jobs.  Flagstaff needs to not only invest in green building, but to also promote a green economy.

 

The motion to read passed on majority vote with Vice-Mayor Overton and Councilmembers Cooper, Haughey, Swanson and White in favor, and Councilmember Kelty opposed.  Title was read as follows:

 

 

Ordinance No. 2008-14

 

 

 

An ordinance authorizing the City of Flagstaff to enter into a Development and Disposition Agreement with Hawkins Companies, L.L.C. for the sale and development of approximately 33 acres of land at Fourth Street and Route 66.

 

 

L.

Consideration of Resolution No. 2008-22:  A resolution approving guidelines for special events within the City of Flagstaff.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-22 by title only.

Adopt Resolution No. 2008-22.

 

Vice-Mayor Overton moved to table the item until further notice, seconded by Councilmember Kelty and passed on unanimous vote.

 

M.

Consideration of Resolution No. 2008-23:  A resolution of the City Council of the City of Flagstaff, Arizona, in support of the Governor’s Capital Economic Stimulus Proposal for Northern Arizona University.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-23 by title only.

Adopt Resolution No. 2008-23.

 

Councilmember White moved to read Resolution No. 2008-23 by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2008-23

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, in support of the Governor’s Capital Economic Stimulus Proposal for Northern Arizona University.

 

 

Councilmember Haughey moved to adopt Resolution No. 2008-23.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

 

8.       COUNCIL DISCUSSION ITEMS

 

A.

Consideration of Citizen Petition:  Opposing the Iraqi War, urging the withdrawal of troops, and urging redirection of federal financial resources.

 

 

RECOMMENDED ACTION:

(1)

The City Council may table the action to allow time to gather additional information.

 

 

(2)

The City council may approve all of part of the petitioner’s request.

 

 

(3)

The City Council may deny the petitioners’ request.

 

 

(4)

The City Council may vote to take no action.

 

The following individuals spoke in favor of the resolution:

 

 

Zach Freels, Flagstaff resident

 

Daniel Robicheau, Flagstaff resident

 

Russell Crawford, Northern Arizona University Peace and Justice Coalition

 

Amber Besendez, Flagstaff r esident

 

Don B. Fanning, Flagstaff resident

 

John Viktora, Flagstaff resident

 

Arguments cited as reasons to approve the resolution included:

 

 

Council spends less time on war related issues than on development issues.

 

All levels of government need to do their part to end the war in Iraq.

 

The war in Iraq is illegal, unjust, and run by a corrupt government.

 

250 cities across the United States have signed a similar resolution.

 

The needs of returning veterans are being ignored.

 

Funds being spent on the war need to be redirected back into Flagstaff’s economy.

 

The terrorist attacks of September 11, 2001 were not a justified reason to invade Iraq.

 

Opposed to the resolution were:

 

 

Mike Jones, Flagstaff resident

 

Val Garrison, Flagstaff resident

 

Bob Reyes, American Legion

 

Kathleen Jones, Flagstaff resident

 

Those opposed to the resolution gave the following reasons:

 

 

The resolution sends the wrong message to the approximately 600 Flagstaff citizens currently serving in the military.

 

Being at war is not within the City Council’s purview.

 

The Council represents all of Flagstaff, not just a portion of the population.

 

The City Council was divided and noted that: (1) it is relevant to take a local position regarding resources the war is diverting from the local economy; (2) a recommendation to end the war is the right thing to do; (3) Council can accept the petition and still vote to take no action; (4) the war is a federal level issue; (5) Councilmembers represent the entire community; and (6) the resolution will cause polarization in the community.

 

Councilmember Haughey moved to take no action, seconded by Vice-Mayor Overton.  The motion failed on a tie vote with Vice-Mayor Overton and Councilmembers Cooper and Haughey in favor, and Councilmembers Kelty, Swanson and White opposed.

 

Councilmember Swanson moved to table the action, seconded by Councilmember Kelty.  The motion failed on a tie vote with Councilmembers Kelty, Swanson and White in favor, and Vice-Mayor Overton and Councilmembers Cooper and Haughey opposed.

 

Councilmember Cooper moved to accept the petition, thank the petitioners, and decline to take action.  The motion was seconded by Councilmember Haughey and failed on a tie vote with Vice-Mayor Overton and Councilmembers Cooper and Haughey in favor, and Councilmembers Kelty, Swanson and White opposed.

 

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

 

Councilmember Kelty offered the following suggestions to improve the Youth Commission and Youth Town Hall:

 

 

Initiate additional collaboration with the Flagstaff Unified School District.

 

Have staff research the issue of decommissioning to an advisory group in order to free the youth from charter requirements, and allowing students outside the city limits to participate, and to provide recommendations before the Youth Commission reconvenes in September.

 

Place the emphasis on leadership development, not just Youth Town Hall.

 

Create an oversight group to consist of a school board member or superintendent, and a teacher, to assist the youth and Youth Town Hall.

 

Consider holding two Youth Town Halls, one for junior high and one for high school.

 

Councilmember Kelty requested an update on the equality ordinance that the Diversity Awareness Commission was working on prior to Theresa Alvarado’s retirement.

 

10.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 8:46 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 15, 2008.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 21st day of May, 2008.

 

 

 

 

 

                                                                           

CITY CLERK