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Council Minutes |
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ST. JOHNS CITY COUNCIL
REGULAR MEETING
July 6, 2006
The regular meeting was duly posted. Mayor Cristian Patterson called the meeting to order at 6:33 pm in the Council Chambers at City Hall, followed by the pledge of allegiance and the invocation.
ROLL CALL: Mayor Cristian Patterson, Councilman Monty Long, Councilman Delos Bond, Councilman Ross Overson, Councilman Joe Frazier and Councilman Kevin Lee.
STAFF PRESENT: City Manager Eric Duthie, City Clerk Amy Bigelow, Airport Manager Gary Liston, Planning and Zoning Administrator Bob Ward City Attorney Mitch Platt, and Police Chief Jim Zieler.
OTHERS PRESENT: Carrol McClain, Butch Gunnels, Lori and Todd Rothlisberger, Penny Pew, Geraldine Davis, Kelly Gunnels, Betty Clanton, Lucas Rodriguez, Bret Bigelow.
1. CALL TO THE PUBLIC.
Penny Pew stated that the Candidate Forum for the Justice of the Peace was going to be held July 11, 2006 at 7 pm.
Vice Mayor Roger Rothlisberger arrived 6:38.
2. APPROVE MINUTES OF THE REGULAR MEETING HELD JUNE 8, 2006.
Vice Mayor Rothlisberger asked that the minutes clarify the position voted by each Councilman.
Mayor Patterson stated that two items at the last meeting were not unanimous and need clarification. Item number 5 regarding the Budget passed 5-1 with Councilman Frazier voting “Nay”, Councilman Lee absent and the remaining Councilman voting “Yes”. Item number 9 regarding the Overlay District failed 2-3 with Councilman Frazier and Mayor Patterson voted “Yes”, Councilman Bond, Councilman Long, and Vice Mayor Rothlisberger voted “Nay”, Councilman Overson abstained, and Councilman Lee was absent.
MOTION
Motion was made by Vice Mayor Rothlisberger to approve the minutes from the regular meeting held June 8, 2006 with the recommended changes mentioned, seconded by Councilman Frazier. Motion passed unanimously 7-0.
3. APPROVE AGREEMENT #2006-177 BETWEEN THE AZ DEPT OF PUBLIC SAFETY AND THE ST. JOHNS POLICE DEPT ALLOWING THE POLICE DEPT TO CONTINUE PROVIDING OFFICE SPACE AND PARKING RIGHTS AT THE POLICE DEPT FOR AN ADDITIONAL YEAR IN EXCHANGE FOR A 2002 KAWASAKI POLICE MOTORCYCLE, ACCORDING TO ARS 11-952 ET SEG.
Police Chief Jim Zieler stated that the department has been providing a 10 x 7 office inside their building for two years to the Department of Public Safety (DPS). He stated that it has been beneficial having them in the office, and have been able to use them for cases that may have a conflict of interest with their officers. He stated that DPS was getting rid of motorcycles and when he discovered they were looking to get rid of them, he worked out an agreement with them for the continued office space for another year in exchange for one motorcycle. He stated that the costs that will be incurred due to this exchange are the new decals and radio being put on the motorcycle. He stated that he had previously discussed with the City Attorney Mitch Platt and worked out the agreement. He stated that he recommended approval by Council.
Councilman Overson asked City Attorney Mitch Platt if he would approve of the agreement.
City Attorney Mitch Platt stated he would.
MOTION
Motion was made by Councilman Overson to approve the agreement #2006-177 between the AZ Dept of Public Safety and the ST. Johns Police Dept. allowing the police dept to continue providing office space and parking rights at the police dept for an additional year in exchange for a 2002 Kawasaki police motorcycle, according to ARS 11-952 ET SEG, seconded by Councilman Long. Motion passed unanimously 7-0.
4. CLARIFICATION OF MOTION FOR AIRPORT AUTO GAS SALES.
City Manager Eric Duthie explained that the motion made regarding the sales of auto gas at the airport last meeting needed to be clarified. He quoted the motion made at the June 8, 2006 meeting; “Motion was made to allow for the fuel to be used by airplanes and City-owned vehicles with no sales of fuel to anyone.” He reminded Council that if we resell the auto fuel, we are charged a tax at the time we purchase the fuel. Regardless of if we sell all the fuel or just sell a portion and use the remaining for City-owned vehicles, the tax is charged on all of the fuel purchased. He stated that the Council’s intent was to stop the resale of auto gas, however, the motion allows for resale of auto fuel to airplanes using auto gas.
MOTION
Motion was made by Councilman Overson not to resell auto fuel, and only allow for the sale of aviation fuel at the airport, seconded by Councilman Long.
Vice Mayor Rothlisberger stated that he had some questions about the tax that was being charged. He stated that he believed that the tax would be due when the vehicle hit the road. He asked City Attorney Mitch Platt if he was aware of how this tax was imposed.
City Attorney Mitch Platt stated that he was not a tax lawyer, and was not sure of what tax he was referring to. He stated that he would direct the question to the City Manager that researched this issue.
Vice Mayor Rothlisberger stated that he did not feel he was getting all of the information from the Cit Manager and that he believed the tax was more of a Road Use Tax that was not charged until the vehicle hit the road.
Councilman Frazier stated that he was confused.
City Manager Duthie stated that when he spoke to the fuel distributors, they stated that if the fuel was resold, whether it is for airplanes or vehicles, the tax was charged when we purchase the fuel.
Mayor Patterson asked how much of the auto fuel gets sold to airplanes.
Airport Manager Gary Liston stated that there is a few that regularly use auto fuel for their planes.
Mayor Patterson asked what the difference was between using the aviation fuel and auto fuel for the plane.
Gary Liston stated that the biggest difference is that the aviation fuel is quite a bit more expensive.
Vice Mayor Rothlisberger stated that he felt that staff should do more research of the state statute.
City Attorney Mitch Platt stated that he felt that it would be difficult to determine how much fuel should be taxed if it was not charged until the vehicle hit the roads.
Councilman Frazier stated that he did not feel they had all the right answers and the issue needed to be looked into further.
City Attorney Mitch Platt stated that he was concerned if it was enough of an issue and worth the time and money spent on doing more research.
Councilman Overson stated that he did not want to limit the customers.
Councilman Frazier stated that there are citizens in the community that will be affected.
Gary Liston stated that he could do more research on the issue.
Councilman Overson withdrew the motion.
Councilman Long withdrew his second.
Mayor Patterson asked that staff obtain some more explanation.
City Manager Duthie stated that they would take care of it.
5. EXECUTIVE SESSION TO OBTAIN LEGAL ADVICE CONCERNING COUNCILMEMBERS’ ROLE; CONFLICT OF INTEREST; OPEN MEETING LAW; CITY MANAGER REVIEW FOLLOW-UP.
Motion
Motion was made by Councilman Overson, pursuant to A.R.S. 38-431-03 A.1 and A.3, to enter into executive session to obtain legal advice concerning Councilmembers’ role, conflict of interest, open meeting law, and City Manager review follow-up, seconded by Councilman Frazier. Motion passed unanimously 7-0.
7:32 pm adjourned to Executive Session.
9:03 pm returned from Executive Session and opened the regular meeting.
6. SIGN DEMANDS.
ADJORNMENT
MOTION
Motion to adjourn was made by Councilman Frazier, seconded by Councilman Bond, with voting unanimously in favor. Motion carried 7-0.
Meeting adjourned 9:06 pm.
_______________________
Cristian Patterson, Mayor
ATTEST:
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Amy M. Bigelow, City Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are true and correct copy of the minutes of the regular meeting of the City Council of the City of St. Johns held on the 6th day of July, 2006. I certify that the meeting was duly called and held and that a quorum was present.
__________________________
Amy M. Bigelow, City Clerk