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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

 

June 16, 2009

5:30 p.m.

 

 

A meeting of the Flagstaff City Council was held on June 16, 2009 convening at 5:46 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 Presler.

 

 

1.      PLEDGE OF ALLEGIANCE, READING OF THE MISSION STATEMENT, AND INVOCATION

 

Mayor Presler 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 Presler

 

Vice Mayor White

Councilmember Brewster

Councilmember Evans

Councilmember Haughey

Councilmember Overton

Councilmember Swanson

 

 

Also present were:

 

 

 

City Manager, Kevin Burke

City Attorney, Patricia Boomsma

 

 

3.       MINUTES

 

 

A.

Consideration of Minutes:  Regular Council Meetings of November 4, 2008 and May 19, 2009 and the Special Council Meeting of April 27, 2009.

 

 

 

RECOMMENDED ACTION:

Approve the Minutes as submitted/corrected.

 

 

Councilmember Haughey moved to approve the minutes as submitted.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

 

4.        PUBLIC PARTICIPATION

 

 

Stephanie Smith provided an update for the community on the June 23, 2009 City Council Town Hall meeting.

 

 

Zack Friels, citizen, stated his objections to snowmaking with reclaimed wastewater.

 

 

5.        CONSENT AGENDA

 

 

A.

Consideration of the Amendment to and Closing Out of Application: 1992 Airport Passenger Facility Charges (construction of terminal building and related infrastructure).

 

 

 

RECOMMENDED ACTION:

(1)

Amend the application to actual cost of construction in the amount of $1,775,294.00;  

 

 

 

(2)

Close the 1992 Airport Passenger Facility Charge Application; and  

 

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

 

B.

Consideration of the Application:  Airport Passenger Facility Charges (Airport Runway Extension project).

 

 

 

RECOMMENDED ACTION:

(1)

Approve the application to the Federal Aviation Administration;  

 

 

 

(2)

Authorize a $3.00 per enplanement Passenger Facility Charge to reimburse the City for the City?s match portion of the runway extension project in the amount of $1,157,023.00; and  

 

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

 

C.

Consideration of Miscellaneous Receivable Write-Offs:  Fiscal Year ending June 30, 2009.

 

 

 

RECOMMENDED ACTION:

 

 Approve write-off of miscellaneous receivable accounts totaling $7,081.09.

 

 

D.

Consideration of Annual Proposals:  Temporary personnel services.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the annual proposals from Performance Staffing, Kelly Services, and Arizona Labor Force at the hourly rate as in the staff summary attachment; and

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

E.

Consideration of Annual Purchase:  Computer hardware and software maintenance.

 

 

 

RECOMMENDED ACTION:

Authorize payments in the total amount of $593,627.00, plus applicable sales tax and a 10% contingency, to the vendors listed in the staff summary attachment.

 

 

F.

Consideration of Authorization:  Annual blanket purchase orders exceeding $50,000.00.

 

 

 

RECOMMENDED ACTION:

Authorize the issuance of blanket purchase orders to the vendors and at the amounts indicated on the staff summary attachment.

 

 

G.

Consideration of Employment Agreement:  City Attorney.

 

 

 

RECOMMENDED ACTION:

Reappoint Patricia J. Boomsma as the City Attorney for the City of Flagstaff and approve the employment agreement.

 

 

 

H.

Consideration of Construction Manager at Risk Contract No. 2:  Sinagua Well Waterline connections and well building modifications.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the construction manager at risk contract with Woodruff Construction for a guaranteed maximum price in an amount not to exceed $1,350,266.34; which includes an owner?s contract allowance in the amount of $50,000.00 and a contractor?s allowance in the amount of $75,000.00; and

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

 

I.

Consideration of Construction Manager at Risk Contract No. 3:  Ft. Tuthill well house.

 

 

 

ECOMMENDED ACTION:

(1)

Approve the construction manager at risk contract with Woodruff Construction for a guaranteed maximum price in the amount not to exceed $1,045,069.19; which includes an owner?s contingency in the amount of $80,000.00 and a contractor?s contingency in the amount of $45,000.00; and  

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

 

J.

Consideration of Construction Contract:  Rio Well landscaping project.

 

 

 

RECOMMENDED ACTION:

(1)

Award the construction contract to Warner?s Landscaping in an amount of $85,000.00, which includes a contract allowance of $6,543.77 (8%) to cover potential costs associated with unanticipated or additional items of work; and

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

K.

Consideration of Consulting Service Contract:  Lone Tree overpass study.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the consulting service contract to  PB Americans, Inc., in the amount of $250,962.00, which includes a contract allowance of $22,815.00 (10%), and a contract period of 215 days; 

 

 

 

(2)

Authorize the City Manager to execute the necessary documents; and 

 

 

 

(3)

Authorize change order authority in the amount of $22,815.00 (10%) to cover potential costs associated with unanticipated or additional items of work.

 

 

L.

Consideration of Consulting Service Contract:  Fourth Street corridor study - north.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the consulting service contract with Otak, Inc., in an amount not to exceed $240,711.00;

 

 

 

(2)

Authorize the City Manager to execute the necessary documents; and

 

 

 

(3)

Authorize change order authority in the amount of $9,289.00 to cover potential costs associated with unanticipated or additional items of work.

 

 

M.

Consideration of Consulting Service Contract:  Fourth Street corridor study - south.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the consulting services contract to PB Americans, Inc., in an amount of $101,792.00, which includes a contract allowance in the amount of $9,254.00 (10%), and a contract period of 184 days;

 

 

 

(2)

Authorize the City Manager to execute the necessary documents; and

 

 

 

(3)

Authorize change order authority in the amount of $9,254.00 (10%) to cover potential costs associated with unanticipated or additional items of work.

 

 

N.

Consideration of Social Services Contract:  United Way of Northern Arizona.

 

 

 

RECOMMENDED ACTION:

Approve the service agreement with United Way of Northern Arizona in the amount of $301,032.00 for Fiscal Year 2009-2010.

 

 

O.

Consideration of Amendment Two to Service Agreement:  Community Homebuyer Assistance Program.

 

 

 

RECOMMENDED ACTION:

(1)

Approve amendment two with BOTHANDS, Inc., in the amount not to exceed $290,000.00; and 

 

 

 

(2)

Authorize the City Manager to sign the necessary documents.

 

P.

Consideration of Two Year Extension of Lease Agreement:  Pulliam Airport ticket counter and office space lease.

 

 

 

RECOMMENDED ACTION:

Approve the two-year extension with Horizon Air Industries, Inc., per the changes outlined in the staff summary attachment.

 

 

Q.

Consideration of Grant Application and Acceptance of Grant Award:  2009 Edward Byrne Memorial Justice Assistance Grant.

 

 

 

RECOMMENDED ACTION:

Approve the grant application to the U.S. Department of Justice and authorize acceptance of grant funds in the amount of $72,338.00.

 

 

R.

Consideration of Intergovernmental Agreement:  2009 Byrne Justice Assistance Grant program.

 

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County.

 

 

S.

Consideration of Intergovernmental Agreement:  Law enforcement information sharing.

 

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Maricopa County Sheriff?s Office.

 

 

T.

Consideration of Amendment No. 1 to Intergovernmental Agreement:  Flagstaff Urban Trail System Route 66 downtown trail project.

 

 

 

RECOMMENDED ACTION:

Approve Modification No. 1 to the intergovernmental agreement with the State of Arizona.

 

 

U.

Consideration of PC SUB 2009-001:  A request for final plat approval by Yale Plaza LLC, for the Yale Plaza Professional Office Condominiums, a six unit business condominium subdivision on a .6 acre parcel located at 1501 South Yale Street in the C3-E, Highway Commercial Zoning District establishment.

 

 

 

RECOMMENDED ACTION:

Approve the final plat.

 

 

V.

Consideration of Change in Meeting Time:  August 4, 2009 Council Meeting.

 

 

 

RECOMMENDED ACTION:

Reschedule beginning time of the August 4, 2009, Council meeting to begin at 6:00 p.m.

 

 

Vice-Mayor White moved to approve the Consent Agenda with the exception of Items G, K, L, M, N, P, and S.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

 

City Attorney Boomsma exited the room due to a conflict of interest on Item 5G.

 

 

Councilmember Swanson moved to recess into executive session, seconded by Mayor Presler.  The vote was unanimous in favor.

 

 

The meeting reconvened at 6:11 p.m. 

 

 

Returning to Item 5G, Vice-Mayor White moved to approve the recommended action, seconded by Councilmember Overton.  The motion passed unanimously.

 

 

At 6:00 p.m., the City Council recessed into Special Council Meeting.

 

 

The regular meeting reconvened at 6:19 p.m.

 

 

Returning to Item K, William P. Ring spoke as the representative of losing bidders on Items 5K, 5L, and 5M, and asked the Council to return to its local preference rule.

 

 

Following a short discussion, the Council agreed to place a local preference policy on a future executive session agenda for discussion and then on a work session agenda for public discussion.

 

 

Councilmember Evans moved to recess into Executive Session, seconded by Councilmember Swanson.  The motion passed on majority vote with Councilmembers Brewster, Evans, Haughey, Overton, and Swanson voting in favor, and Mayor Presler and Vice-Mayor White opposed.

 

 

Following the reconvening of Council into executive session, Councilmember Swanson asked that the process, criteria, and rating of the bidders be included in future Council agenda packets.

 

 

Mayor Presler suggested that staff members request vendors to be present at Council meetings on large contracts.

 

 

The City Council expressed their support for Charter amendment language that would allow for local preference.

 

 

Councilmember Overton moved to approve the recommended action, seconded by Councilmember Evans and the motion passed on unanimous vote.

 

 

Returning to Items 5L and 5M, Mr. Ring spoke once more about the unlevel playing field for local bidders.

 

 

Mike Nielsen, representative from OTak, spoke on behalf of his company?s bid.

 

 

Councilmember Swanson moved to recess into Executive Session, seconded by Councilmember Overton.  The motion passed on majority vote with Vice-Mayor White and Councilmembers Brewster, Evans, Haughey, Overton, and Swanson in favor, and Mayor Presler opposed.

 

 

Upon reconvening to public meeting, the Council resumed its discussion of Items 5L and5M. 

 

 

Vice Mayor White moved to approve the recommended actions for Items 5L and 5M, seconded by Councilmember Brewster.  The motion passed on majority vote with Mayor Presler, Vice-Mayor White, and Councilmembers Brewster and Evans voting in favor and Councilmembers Haughey, and Overton and Swanson voting against.

 

 

Returning to Item 5N, Councilmembers Evans and Swanson left the room due to a conflict of interest.

 

 

Kerry Blume, Hilton Harris, and Sam Bodin expressed their appreciation to the Council for its support of United Way.

 

 

Vice-Mayor White moved to approve the recommendation, seconded by Councilmember Brewster.  The motion passed on unanimous vote with Councilmembers Evans and Swanson excused due to a conflict of interest.

 

 

Councilmembers Evans and Swanson resumed their seats at the Council podium.

 

 

Returning to Item 5P, Vice-Mayor White moved to approve the two-year extension, seconded by Councilmember Brewster.  The motion passed on majority vote with Vice-Mayor White and Councilmembers Brewster, Evans, Haughey, Overton, and Swanson voting in favor, and Mayor Presler opposed.

 

 

Returning to Item 5S, the following individuals were opposed to information-sharing by law enforcement agencies:

 

 

 

Cecilia Saenz

 

 

Katie Fahrenbruch

 

 

Taryn Jordan

 

 

George Villas III

 

 

David Porinchok

 

 

Councilmember Swanson encouraged the public work on a list of behaviors by Immigration and Customs Enforcement officials that are acceptable and not acceptable.

 

 

The motion passed on majority vote with Mayor Presler, Vice-Mayor White, and Councilmembers Brewster, Haughey, and Overton voting in favor, and Councilmembers Evans and Swanson opposed.

 

 

6.       HEARING ITEMS

 

 

A.

Consideration of Liquor License Application:  James Leonora, ?Butler Chevron? 2295 E. Butler Ave., 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 Overton moved to open the public hearing, seconded by Vice-Mayor White.  The motion passed unanimously.

 

 

Sgt. Ryan Coons, Flagstaff Police Department, conducted the investigation on the liquor license application and found no reason to object to the application.

 

 

James Leonora, the applicant, encouraged the Council to look favorably upon his application.

 

 

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

 

 

Vice-Mayor White moved to forward the application to the State with a recommendation for approval, seconded by Councilmember Brewster.  The vote was unanimous in favor.

 

 

 

B.

Consideration of Liquor License Application:  Danny Thomas, ?Cheba Hut?, 1411 S. Milton Road, 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 Overton moved to open the public hearing.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

 

Sergeant Ryan Coons conducted the background investigation and found no reason to oppose the application.

 

 

Danny Thomas, applicant, spoke on behalf of his application and urged the Council to send a recommendation for approval to the State.

 

 

Councilmember Overton moved to close the public hearing, seconded by Councilmember Evans.  The motion passed unanimously.

 

 

Vice-Mayor White moved to send the application to the State with a recommendation for approval.  Upon second by Councilmember Evans, the vote was unanimous in favor.

 

 

C.

Consideration of Liquor License Application:  Maipal Patel, ?Five Points Station? 222 S. Milton Road, 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 Overton moved to open the public hearing.  Councilmember Brewster seconded the motion which passed on unanimous vote.

 

 

Sgt. Coons noted that the distance to the nearest church is 273 feet, but that the business is grandfathered in its use under the Arizona statutes.  Other than that, there is no reason to object to the application.

 

 

Maipal Patel, the applicant, urged the Council to send the application to the State with a recommendation for approval.

 

 

Councilmember Overton moved to close the public hearing, seconded by Councilmember Evans.  The motion passed on unanimous vote.

 

 

Councilmember Brewster moved to forward the application to the State with a recommendation for approval.  The motion was seconded by Vice-Mayor White and passed on unanimous vote.

 

 

D.

Consideration of Public Hearing:  ?2009 Amendments to the Flagstaff City Code, Chapter 10-08, Signs and Lighting, to Provide New Standards for a ?Flagstaff Auto Park District Area of Special Designation??.

 

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

 

Councilmember Brewster moved to open the public hearing, seconded by Vice-Mayor White.  The motion passed unanimously.

 

 

Speaking in support of the amendments to the Land Development Code were Hilton Harris and Robbie Fendley.

 

 

Steve Nelson expressed his opposition to the proposed changes.

 

 

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

 

 

E.

Consideration of Resolution No 2009-30:  A resolution designating the document entitled the ?2009 Amendments to the Flagstaff City Code, Chapter 10-08, Signs and Lighting, to Provide New Standards for a ?Flagstaff Auto Park District Area of Special Designation??, as a public record.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-30 by title only.

Adopt Resolution No. 2009-30.

 

 

Councilmember Haughey moved to read Resolution No. 2009-30 by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

 

Resolution No 2009-30

 

 

 

 

A resolution designating the document entitled the ?2009 Amendments to the Flagstaff City Code, Chapter 10-08, Signs and Lighting, to Provide New Standards for a ?Flagstaff Auto Park District Area of Special Designation??, as a public record.

 

 

 

Upon motion by Councilmember Haughey and second by Councilmember Evans, the Council voted unanimously in favor of adoption.

 

 

F.

Consideration of Ordinance No. 2009-17:  An ordinance adopting that certain document entitled ?2009 Amendments to the Flagstaff City Code, Chapter 10-08, Signs and Lighting, to Provide New Standards for a ?Flagstaff Auto Park District Area of Special Designation??, and thereby amending Title 10, ?Land Development Code,? of the City Code of the City of Flagstaff by amending Chapter 10-08, Signs and Lighting.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-17 for the first time by title only.

Read Ordinance No. 2009-17 for the final time by title only.

Adopt Ordinance No. 2009-17.

 

 

Councilmember Brewster moved to read Ordinance No. 2009-17 for the first time by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

 

Ordinance No. 2009-17

 

 

 

 

An ordinance adopting that certain document entitled ?2009 Amendments to the Flagstaff City Code, Chapter 10-08, Signs and Lighting, to Provide New Standards for a ?Flagstaff Auto Park District Area of Special Designation??, and thereby amending Title 10, ?Land Development Code,? of the City Code of the City of Flagstaff by amending Chapter 10-08, Signs and Lighting.

 

 

 

Vice-Mayor White moved to consider the reading of Ordinance No. 2009-17 for the final time by title only.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

 

Councilmember Brewster moved to read Ordinance No. 2009-17 for the final time by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote.

 

 

Following the reading of Ordinance No. 2009-17 for the final time by title only, Councilmember Haughey moved for adoption. The motion was seconded by Vice-Mayor White and passed on unanimous vote.

 

 

 

7.       REGULAR AGENDA

 

 

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 four appointments as follows: one appointment to partial at-large term expiring June, 2010; one appointment to an at-large term expiring June, 2012; one appointment to a hospitality term expiring June, 2012; and one appointment to a design professional term expiring June 2012.

 

 

Councilmember Swanson moved to appoint Janice Hunt to a hospitality term expiring in June, 2012; to appoint Vicky Foster to an at-large term expiring June, 2012; and Elizabeth Hellstern to an at-large term expiring June, 2010.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

 

B.

Consideration of Ordinance No. 2009-16:  An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the ?2009 Amendments to the City of Flagstaff City Code Title 3, Privilege and Excise Taxes, Regarding Out-of-State Sales, Solar Energy Devices, Architectural, Engineering and Development Fees, and Extension for Filing a Petition for an Administrative Review? by reference, thereby amending the Flagstaff City Code Section 3-05-001-0100, Words of Tense, Number and Gender, Code Reference; and General Definitions; Section 3-05-004-0415, Construction Contracting; Construction Contractors; Section 3-05-004-0416, Construction Contracting, Speculative Builders; Section 3-05-004-0417, Construction Contracting; Owner-Builders who are not Speculative Builders, Sections 3-05-004-0450, Rental, Leasing, and Licensing for the use of Tangible Personal Property, Section 3-05-004-0465, Retail Sales: Exemptions; Section 3-05-005-0570, Administrative Review, Petition for Hearing or for Redetermination; Finality of Order; to provide for amendments regarding out-of-state sales, solar energy devices, architectural, engineering and development fees, and extension for filing a petition for an administrative  review.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-16 for the final time by title only.

Adopt Ordinance No. 2009-16.

 

 

Councilmember Overton moved to read Ordinance No. 2009-16 by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

 

Ordinance No. 2009-16

 

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the ?2009 Amendments to the City of Flagstaff City Code Title 3, Privilege and Excise Taxes, Regarding Out-of-State Sales, Solar Energy Devices, Architectural, Engineering and Development Fees, and Extension for Filing a Petition for an Administrative Review? by reference, thereby amending the Flagstaff City Code Section 3-05-001-0100, Words of Tense, Number and Gender, Code Reference; and General Definitions; Section 3-05-004-0415, Construction Contracting; Construction Contractors; Section 3-05-004-0416, Construction Contracting, Speculative Builders; Section 3-05-004-0417, Construction Contracting; Owner-Builders who are not Speculative Builders, Sections 3-05-004-0450, Rental, Leasing, and Licensing for the use of Tangible Personal Property, Section 3-05-004-0465, Retail Sales: Exemptions; Section 3-05-005-0570, Administrative Review, Petition for Hearing or for Redetermination; Finality of Order; to provide for amendments regarding out-of-state sales, solar energy devices, architectural, engineering and development fees, and extension for filing a petition for an administrative  review.

 

 

 

Councilmember Overton moved for adoption.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

 

 

C.

Consideration of Ordinance No. 2009-18:  An ordinance authorizing the City of Flagstaff to enter into the first amendment to 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. 2009-18 for the first time by title only.

Read Ordinance No. 2009-18 for the second by title only.

Adopt Ordinance No. 2009-18.

 

 

Councilmember Haughey moved to read Ordinance No. 2009-18 for the first time by title only, seconded by Councilmember Overton.  The motion passed on unanimous vote and title was read as follows:

 

 

 

Ordinance No. 2009-18

 

 

 

 

An ordinance authorizing the City of Flagstaff to enter into the first amendment to 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.

 

 

 

Councilmember Overton moved to consider the reading of Ordinance No. 2009-18 for the final time by title only, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

 

Councilmember Brewster moved to read Ordinance No. 2009-18 for the final time by title only.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

 

Following the reading of Ordinance No. 2009-18 for the final time by title only, Councilmember Haughey moved for adoption, seconded by Councilmember Overton.

 

 

A representative from Hawkins Company reported that they are working diligently on moving forward, but the conceptual plans are not quite ready.

 

 

The motion for adoption passed on unanimous vote.

 

 

D.

Consideration of Ordinance No. 2009-20:  An ordinance of the Council of the City of Flagstaff, Arizona, approving the form and authorizing the execution and delivery of a loan agreement with the Water Infrastructure Authority of Arizona and, if necessary, guaranty or similar agreements to provide reserve fund surety bonds or insurance policies necessary in connection therewith; delegating the determination of certain matters relating thereto to the Interim Management Services Director of the City; providing for the transfer of certain moneys and making certain covenants and agreements with respect thereto; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by such loan agreements, such guaranty or similar agreements and this ordinance and declaring an emergency.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-20 for the first time by title only.

Read Ordinance No. 2009-20 for the second by title only.

Adopt Ordinance No. 2009-20.

 

 

Councilmember Evans moved to read Ordinance No. 2009-20 for the first time by title only, seconded by Councilmember Brewster.  The motion passed on unanimous vote and title was read as follows:

 

 

 

Ordinance No. 2009-20

 

 

 

 

An ordinance of the Council of the City of Flagstaff, Arizona, approving the form and authorizing the execution and delivery of a loan agreement with the Water Infrastructure Authority of Arizona and, if necessary, guaranty or similar agreements to provide reserve fund surety bonds or insurance policies necessary in connection therewith; delegating the determination of certain matters relating thereto to the Interim Management Services Director of the City; providing for the transfer of certain moneys and making certain covenants and agreements with respect thereto; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by such loan agreements, such guaranty or similar agreements and this ordinance and declaring an emergency.

 

 

 

Councilmember Haughey moved to read Ordinance No. 2009-20 for the final time by title only, seconded by Vice Mayor White.  The vote was unanimous in favor.

 

 

Following the reading of Ordinance No. 2009-20 for the final time by title only, Councilmember Haughey moved for adoption.  The motion was seconded by Vice-Mayor White and passed on unanimous vote.

 

 

E.

Consideration of Ordinance No. 2009-21:  An ordinance of the Council of the City of Flagstaff, Arizona, approving the form and authorizing the execution and delivery of a loan agreement with the Water Infrastructure Finance Authority of Arizona and, if necessary, guaranty or similar agreements to provide reserve fund surety bonds or insurance policies necessary in connection therewith;  delegating the determination of certain matters relating thereto to the Interim Management Services Director of the City; providing for the transfer of certain moneys and making certain covenants and agreements with respect thereto; authorizing the taking of the transactions contemplated by such loan agreements, such guaranty or similar agreements and this ordinance and declaring an emergency.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-21 for the first time by title only.

Read Ordinance No. 2009-21 for the final time by title only.

Adopt Ordinance No. 2009-21.

 

 

Councilmember Evans moved to read Ordinance No. 2009-21 by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows:

 

 

 

Ordinance No. 2009-21

 

 

 

 

An ordinance of the Council of the City of Flagstaff, Arizona, approving the form and authorizing the execution and delivery of a loan agreement with the Water Infrastructure Finance Authority of Arizona and, if necessary, guaranty or similar agreements to provide reserve fund surety bonds or insurance policies necessary in connection therewith;  delegating the determination of certain matters relating thereto to the Interim Management Services Director of the City; providing for the transfer of certain moneys and making certain covenants and agreements with respect thereto; authorizing the taking of the transactions contemplated by such loan agreements, such guaranty or similar agreements and this ordinance and declaring an emergency.

 

 

 

Councilmember Haughey moved to read Ordinance No. 2009-21 for the final time by title only, seconded by Vice-Mayor White.  The motion passed on unanimous vote and title was read for the final time.

 

 

Following the reading of Ordinance No. 2009-21 by title only for the final time, Councilmember Overton moved for adoption.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

 

F.

Consideration of Resolution No. 2009-31:  A resolution approving a ground lease between the City of Flagstaff and Aztec Acres Corporation.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-31 by title only.

Adopt Resolution No. 2009-31.

 

 

Councilmember Overton moved to read Ordinance No. 2009-31 by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

 

Resolution No. 2009-31

 

 

 

 

A resolution approving a ground lease between the City of Flagstaff and Aztec Acres Corporation.

 

 

 

Councilmember Haughey moved for adoption, seconded by Vice-Mayor White.  The motion passed on unanimous vote.

 

 

G.

Consideration of Resolution No. 2009-35:  A resolution authorizing the submission of a pass-through grant application to the Gila River Indian Community for Pine Forest Association for funding to build a new, green, energy efficient school and authorizing the acceptance upon award of the grant agreement.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-35 by title only.

Adopt Resolution No. 2009-35.

 

 

Vice-Mayor White moved to read Resolution No. 2009-35 by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

 

Resolution No. 2009-35

 

 

 

 

A resolution authorizing the submission of a pass-through grant application to the Gila River Indian Community for Pine Forest Association for funding to build a new, green, energy efficient school and authorizing the acceptance upon award of the grant agreement.

 

 

 

Councilmember Swanson moved for adoption.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

 

H.

Consideration of Resolution No. 2009-36:  A resolution modifying K to the Development Agreement, Inc regarding buyer eligibility in connection with resales of affordable properties.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-36 by title only.

Adopt Resolution No. 2009-36.

 

 

Councilmember Haughey moved to read Resolution No. 2009-36 by title only, seconded by Vice-Mayor White.

 

 

After a brief correction in Section 12 to strike the ?or? after ?in the event that Declarant or?, the motion to read passed on unanimous vote.  Title was read as follows:

 

 

 

Resolution No. 2009-36

 

 

 

 

A resolution modifying K to the Development Agreement, Inc regarding buyer eligibility in connection with resales of affordable

properties.

 

 

 

Councilmember Swanson moved to adopt Resolution No. 2009-36, seconded by Councilmember Evans.  The motion passed unanimously.

 

 

I.

Consideration of Submission of Resolutions:  2010 League of Cities and Towns resolutions.

 

 

 

RECOMMENDED ACTION:

Review, discuss, and approve resolutions to submit to the 2010 League Resolutions Committee.

  

 

Vice-Mayor White moved to approve the resolutions as presented, seconded by Councilmember Evans.  The vote was unanimous in favor.

 

 

J.

Consideration of Resolution No. 2009-08:  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 entitled ?2009 Amendments to City Code, Title 4, and ?Building Regulations?.

 

 

 

RECOMMENDED ACTION:

(1)

Include Chapter 4 of the 2006 International Energy Conservation Code (IECC) in its entirety.

 

 

 

(2)

Include all or a portion of the edits to the ?2009 Amendments to City Code, Title 4, Building Regulations? as follows:

 

 

 

 

(a)

Approve the deletion of redundant or obsolete language in Title 4, Chapter 1 through 10.

 

 

 

 

(b)

Approve the amendments relating to clarifying language in Title 4, Chapters 1 through 10 and to conform with statutory requirements, where necessary.

 

 

 

 

(c)

Approve the amendments for structural items on working drawings.

 

 

 

 

(d)

Approve the amendments to the fee table.

 

 

 

 

(e)

Approve the addition/deletion of language to definitions for accessory energy systems, condominiums, inspections, unsafe equipment, human occupancy, unlawful structures, prohibited occupancy, mixed-use occupancy, and fire resistive construction.

 

 

 

(3)

Include all or a portion of the new voluntary best practices as follows:

 

 

 

 

(a)

Approve the addition of IECC Section 405.1, Future Solar Water Heater, to Title 4, Chapter 9.

 

 

 

 

(b)

Approve the addition of IECC Section 405.1, Future Solar Water Heater, to Title 4, Chapter 9.

 

 

 

 

(c)

Approve the addition of IECC Section 405.2, Future Solar Photo Voltaic, to Title 4, Chapter 9.

 

 

 

 

(d)

Approve the addition of IECC Section 405.3, Future Alternative Energy Systems (Wind Turbine or Geothermal), to Title 4, Chapter 9.

 

 

 

 

(e)

Approve the addition of IECC Section 405.4, Voluntary Sustainability Programs, to Title 4, Chapter 9.

 

 

 

 

(f)

Approve the addition of IECC Section 405.5, Jump Ducts, to Title 4, Chapter 9.

 

 

 

 

(g)

Approve the addition of IECC Section 405.6, Exterior Wall Insulation, to Title 4, Chapter 9.

 

 

 

 

(h)

Approve the addition of IECC Section 405.7, Energy Star Appliances, to Title 4, Chapter 9.

 

 

 

 

(i)

Approve the addition of IECC Section 405.8, Hot Water Supply Line Insulation Upgrade, to Title 4, Chapter 9.

 

 

 

 

(j)

Approve the addition of IECC Section 405.9, Protection of Cold Water Supply Lines, to Title 4, Chapter 9.

 

 

 

(4)

Citizen Input Into the Energy Code

 

 

 

 

(a)

No exception for 2 X 4 walls, must be R-19 per IECC, Title 4, Chapter 2, Page 22.

 

 

 

 

(b)

Section 403.10 At the time of final inspection, the builder, contractor, or owner must install compact fluorescent lights (CFLs), other fluorescent, LEDs or other energy efficient lighting equivalent to or better than fluorescent in the high use areas for new construction.  High use areas are typically defined as kitchens, living room, family room, and dining area.  Specialty type lighting fixtures shall be of low wattage or low voltage type.  Exception to remain the same. Chapter 2, Page 23, Chapter 9, Page 99.

 

 

 

 

(c)

90% efficient furnaces, Title 4, Chapter 9, Page 98.

 

 

 

 

(d)

R-30 in floors, no exception for depth, (eliminating Footnote ?f? of IECC Table 402.1.1).

 

 

 

 

(e)

Add air barriers (house wrap).

 

 

 

 

(f)

Wall insulation increase to R-24 instead of R-19, IECC Table 402.1.1.

 

 

 

 

(g)

Add Energy Star refrigerators and freezers to Section 405.7, Title 4, Chapter 9, Page 101.

 

 

 

 

(h)

Insulation in ground contact shall be extruded polystyrene or other foam products other than expanded polystyrene (beadboard).

 

 

 

 

(i)

Require freeze protection and crawl space of waterlines

 

 

 

 

(j)

A solar hot water heater is to be offered, but not required, to the prospective home buyer by the contractor on homes with unblocked southern exposure.

 

 

 

 

(k)

Remove distance requirements between water heater and hot water uses remain in the form of 100 ft. limitation, Title 4, Chapter 9, Page 99.

 

 

 

 

(l)

Section 101.3.1, Title 4, Chapter 9, Page 97, remove option to mix and match.  Use only one prescriptive method for energy compliance.

 

 

 

 

(m)

Hot water recirculation systems must have programmable timer, an on/off switch and ¾ inch foam pipe insulation.

 

 

 

 

(n)

Delete underslab insulation to be minimum R-10 at 2 ft per IECC Table 402.1.1.

 

 

 

 

(o)

Delete Title 4, Chapter 9, Section 403.7, (Page 98): Furnaces and new construction must be 90% condensing furnaces. Replacement furnaces are recommended to be 90% condensing type unless space requirement and installation conditions dictate that the condensing furnace will not work.

 

 

 

 

(p)

Delete Section 405.2, Title 4, Chapter 9, (Page 100): Future Solar Photovoltaic:  All new residential construction shall be supplied with a minimum ¾ inch electrical conduit, with pull wire, for future installation of a solar photovoltaic system.

 

 

 

 

(q)

Delete Recirculation pumps installed per 2006 International Plumbing Code, (100 lineal ft. of hot water), Title 4, Chapter 2, Page 23 and Chapter 9, Page 99.

 

 

 

(5)

Include all or a portion of the mandatory amendments to the 2006 International Energy Conservation Code.

 

 

 

 

(a)

Approve the addition of Appendix R, Straw Bale Construction Guide, to Title 4, Chapter 9.

 

 

 

 

(b)

Approve the addition of IECC Section 403.4, Furnaces, to Title 4, Chapter 9.

 

 

 

 

(c)

Remove the limitation on number of solid fuel burning devices per structure in Title 4, Chapter 2 and 9.

 

 

 

(6)

Read Resolution No. 2009-08 by title only.

Adopt Resolution No. 2009-08 with the specified changes.

 

 

Speaking in support of the proposed amendments were:

 

 

 

Eva Putzova

 

 

John Farnol, Coconino County Building Department

 

 

Tom Broderick

 

 

The following individuals were opposed to the energy code amendments:

 

 

 

David Walker, President, Northern Arizona Builders Association

 

 

Jeff Knorr

 

 

In a roundtable discussion perfecting the public record, the Council agreed, either by consensus, or majority support, to include the following items as mandatory in the Building Code amendments:

 

 

 

(1)

Chapter 4 of the 2006 International Energy Conservation Code (IECC) in its entirety.

 

 

(2)

All of the edits to the ?2009 Amendments to City Code, Title 4, Building Regulations? identified in (2) of the recommended action.

 

 

(3)

Item 3(g) of the recommended action.

 

 

(4)

Items 4(a) through 4(c) of the recommended action

 

 

(5)

Item 5(c), 5(d), 5(e), 5(g), 5(i), 5(k), and 5(o) of the recommended action.

 

 

(6)

Item 5(n) of the recommended action was not deleted and, instead, was made mandatory.

 

 

The remaining items in (3) through (5) action were either classified as voluntary or deleted  per the recommended actions above.

 

 

Having established the public record, Vice-Mayor White moved to read Resolution No. 2009-08 by title only, seconded by Councilmember Evans.  The motion passed on majority vote with Mayor Presler, Vice-Mayor White, and Councilmembers Brewster, Evans, Haughey, and Swanson in favor, and Councilmember Overton opposed.  Title was read as follows:

 

 

 

Resolution No. 2009-08

 

 

 

 

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 entitled ?2009 Amendments to City Code, Title 4, and ?Building Regulations?.

 

 

 

Vice-Mayor White moved to adopt Resolution No. 2009-08.  The motion was seconded by Councilmember Evans and passed on majority vote with Mayor Presler, Vice-Mayor White, and Councilmembers Brewster, Evans, Haughey, and Swanson voting in favor, and Councilmember Overton opposed.

 

 

 

K.

Consideration of Ordinance No. 2009-06:  An ordinance of the City Council of the City of Flagstaff, Arizona, amending Flagstaff City Code, Tile 4, Building Regulations, by adopting the ?2009 Amendments to the City Code, Title 4, Building Regulations?, by reference.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-06 for the first time by title only.

 

 

Councilmember Brewster moved to read Ordinance No. 2009-06 for the first time by title only, seconded by Vice-Mayor White.  The motion passed on majority vote with Mayor Presler, Vice-Mayor White, and Councilmembers Brewster, Evans, Haughey, and Swanson voting in favor, and Councilmember Overton opposed.  Title was read as follows:

 

 

 

Ordinance No. 2009-06

 

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, amending Flagstaff City Code, Tile 4, Building Regulations, by adopting the ?2009 Amendments to the City Code, Title 4, Building Regulations?, by reference.

 

 

 

8.       DISCUSSION ITEMS

 

 

A.

Consideration of Council Discussion:  Coconino County Energy Efficiency Program.

 

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

 

This item was withdrawn by Vice-Mayor White.

 

 

9.        PARTICIPATION

 

 

10.      ITEMS AND REPORTS FROM COUNCIL AND STAFF,

 

 

REQUESTS FOR FUTURE AGENDA ITEMS

 

 

Councilmember Swanson noted that Boulder Pointe residents are upset about traffic, noise, and not having a park.

 

 

The Council agreed to conduct agenda review at the Special Work Session on Monday, August 3, 2009.

 

 

 

11.       ADJOURNMENT.

 

 

There being no further business to come before the Council, the Meeting was adjourned at 11:58 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 June 16, 2009.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 29th day of July, 2009.

 

 

 

                                                                           

CITY CLERK