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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

 

December 16, 2008

5:00 p.m.

 

A meeting of the Flagstaff City Council was held on December 16, 2008 convening at 5:11 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

 

No Minutes were submitted.

 

4.        PUBLIC PARTICIPATION

 

The Council welcomed and presented gifts to teachers and other representatives from Flagstaff’s Sister City of Barnaul, Russia.

 

City Manager Burke recognized outstanding City employees with annual City Manager Excellence Awards as follows:

 

 

Ranbir Cheema, Auditor, Fremont Award

 

Michael Felts, Firefighter, Agassiz Award

 

Jason Hoyungowa, Utilities Department, Fremont Award

 

Vice Mayor White acknowledged Jeran Fox for his service to the community through the Sustainability Commission.

 

Councilmember Overton thanked Jim Tuck for his time and service to the Pedestrian Advisory Committee.

 

Mayor Presler read a proclamation declaring Saturday, December 20, 2008 as “Buy Local in Flagstaff Day.”

 

Jean Griego, Jesse Dominguez and other individuals from the Sunnyside, Southside, and La Plaza Vieja neighborhood associations, also known as A League of Neighborhoods, asked the Council to allow their group to be part of setting priorities for proposed Community Development Block Grants (CDBG) projects.  The group expressed concern and frustration that the City has not yet adopted a Property Maintenance Ordinance.

 

Mayor Presler asked that staff implement the above citizens’ suggestions without formal Council action.  If Council action is necessary, she asked that it come back on a regular Council agenda.

 

Kwon Dixon, Flagstaff resident, responded with ire to comments made by Councilmembers Haughey and Overton in the Arizona Daily Sun regarding their views on global warming issues.

 

Stephen Knutson, Flagstaff resident, expressed his dismay that the agenda item he requested regarding global warming was not on tonight’s agenda.

 

Mayor Presler offered condolences on behalf of the Council to the family of Ray Berman. 

 

5.       CONSENT AGENDA

 

A.

Consideration of Bids:  Aerial truck for the Streets Section.

 

 

RECOMMENDED ACTION:

Reject all bids.

 

B.

Consideration of Bids:  Cubic yard wheel loader.

 

 

RECOMMENDED ACTION:

Approve the bid from Arizona Production Machinery & Supply for one JCB 409, wheel loader in the amount of $58,577.00, plus tax and freight.

 

C.

Consideration of Construction Contract:  Railroad crossing modification project (quiet zones and wayside horns).

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with 442 Construction, Inc., in the total amount of $240,501.03, including a contract allowance of $50,000.00, and a contract period of 70 calendar days;

 

 

(2)

Authorize the City Manager to execute the necessary documents; and

 

 

(3)

Authorize change order authority in the amount of $24,050.00 (10% of the base bid contract amount) to cover potential costs associated with unanticipated or additional items of work.

 

D.

Consideration of Intergovernmental Agreement:  Reclaimed wastewater.

 

 

RECOMMENDED ACTION:

Approve the Intergovernmental Agreement with Northern Arizona University.

 

E.

Consideration of Intergovernmental Agreement:  Multi-purpose trail in the Flagstaff downtown area.

 

 

RECOMMENDED ACTION:

Approve the Intergovernmental Agreement with the State of Arizona, Department of Transportation, for a $500,000.00 Transportation Enhancement Fund grant and a City match of $30,223.00.

 

F.

Consideration of Intergovernmental Agreement:  Arizona terrorism liaison officers and equipment.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the State of Arizona, Department of Public Safety, and Statewide Terrorism Office Program.

 

G.

Consideration of Grant Agreement:  Owner occupied emergency repair program.

 

 

RECOMMENDED ACTION:

Approve the grant agreement with the State of Arizona, Department of Housing and authorize the receipt of grant funds in the amount of $110,000.00.

 

H.

Consideration of Street Closure:  2008 New Year’s Eve bash.

 

 

RECOMMENDED ACTION:

Approve the Aspen Avenue Street closure on Wednesday, December 31, 2008 and Thursday, January 1, 2009.

 

Vice Mayor White moved to approve the Consent Agenda with the exception of Items 5A and 5H.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

Returning to Item 5A, Councilmember Overton moved to reject all bids, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

Wishing to speak to Item 5B, Stephen Knutson, Flagstaff resident, was opposed to the purchase of a cubic yard wheel loader.

 

Returning to Item 5H, Mayor Presler reported that the City has pledged additional police and fire personnel and the Downtown Business Alliance has negotiated with the vendor allowing for fireworks at the 10:00 p.m. and midnight New Year’s Eve celebrations.

 

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

 

6.      PUBLIC HEARING ITEMS (Public Hearing Items Will Not be Heard Prior to 5:30 p.m.)

 

A.

Consideration of Public Hearing (RLUTP 2008-001):  An amendment to the Flagstaff Area Regional Land Use and Transportation Plan changing the land use designation of approximately 32 acres generally located east of I-17, north of West John Wesley Powell Boulevard, from Commercial/Regional Community to Office/Business Park-Light Industrial Land Use; and

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Vice Mayor White moved to open the public hearing, seconded by Councilmember Brewster.  The motion passed on unanimous vote.

 

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

 

B.

Consideration of Resolution No. 2008-70:  A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan changing the land use designation of approximately 32 acres generally located east of I-17, north of West John Wesley Powell Boulevard, from Commercial/Regional Community to Office/Business Park-Light Industrial Land Use.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-70 by title only.

Adopt Resolution No. 2008-70.

 

Councilmember Haughey moved to read Resolution No. 2008-70 by title only.  The motion was seconded by Vice Mayor White and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2008-70

 

 

 

A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan changing the land use designation of approximately 32 acres generally located east of I-17, north of West John Wesley Powell Boulevard, from Commercial/Regional Community to Office/Business Park-Light Industrial Land Use.

 

 

Vice Mayor White moved to adopt Resolution No. 2008-70.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

C.

Consideration of Public Hearing (PC RLUTP 08-003):  An amendment to the Flagstaff Area Regional Land Use and Transportation Plan changing the land use designation of approximately 31.9 acres at 1700 South Northwestern Street from Parks Category Land to Medium Density Residential Designation.

 

 

RECOMMENDED ACTION:

Open the public hearing

Continue the public hearing to the December 23, 2008 Special Council Meeting.

 

Vice Mayor White moved to open the public hearing, seconded by Councilmember Brewster.  The motion passed on unanimous vote.

 

Michael Seronde, Flagstaff resident, said that the City’s mission statement calls for the City to be a sustainable community, which is contrary to this land use designation. 

 

Neil Gullickson, Planning Development Manager, noted that an alternate park site has been located just west of the property in question, which is more appropriate for a park.  The existing zoning on the property allows for development, and the Regional Land Use and Transportation Plan calls for a park in that area.

 

There being no further public input, Vice Mayor White moved to continue the public hearing to the December 23, 2008 Special Council Meeting.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

D.

Consideration of Resolution No. 2008-71:  A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan to change the land use designation of approximately 31.9 acres located at 1700 South Northwestern Street from Parks Category Land to Medium Density Residential Designation.

 

 

RECOMMENDED ACTION:

Table to the December 23, 2008 Special Council Meeting.

 

Councilmember Evans moved to table the item to the December 23, 2008 Special Council Meeting.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

 

E.

Consideration of Public Hearing (PC REZ 08-003):  Proposed rezoning of a 31.9-acre parcel at 1700 South Northwestern Street from RR, Rural Residential, to MH, Manufactured Housing Zoning, Conditional.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Continue the public hearing to the December 23, 2008 Special Council Meeting.

 

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

 

There being no public input, Vice Mayor White moved to continue the public hearing to the December 23, 2008 Special Council Meeting.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

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 two appointments to natural sciences terms expiring April, 2009.

 

Councilmember Brewster moved to appoint Stephen Hirst and Steve Messenger to natural science terms expiring April, 2009.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

 

B.

Consideration of Applicants for Appointments:  Youth 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 to terms expiring June, 2009.

 

Mayor Presler moved to appoint Taylor Morron, Linnea Paseiro, Kelsey Randall, and Emmanuel Sanchez to terms on the Youth Commission expiring June, 2009.  The motion was seconded by Vice Mayor White and passed on unanimous vote.

 

C.

Consideration of Appointment of Councilmember Liaison:  Parks and Recreation 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 the appointment at the Council meeting.

 

Vice Mayor White moved to appoint Mayor Presler as the Councilmember liaison to the Parks and Recreation Commission.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

D.

Consideration of Applicants for Appointments:  Parks and Recreation 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 term expiring August, 2011.

 

Mayor Presler moved to appoint Ray Morron to a term expiring August, 2011.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

E.

Consideration of Ordinance No. 2008-34:  An ordinance amending Title 2, Boards and Commissions, by adding Chapter 2-23, creating a Flagstaff Area Regional Plan Citizens’ Advisory Committee, and declaring an emergency.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-34 for the final time by title only.

Adopt Ordinance No. 2008-34.

 

Vice Mayor White moved to read Ordinance No. 2008-34 for the final time by title only, seconded by Councilmember Evans.

 

Vice Mayor White moved to amend Ordinance No. 2008-34 as follows:

 

 

“Section 2-23-001-0005, Duties, Paragraph A.  The Flagstaff Area Regional Plan Citizens’ Advisory Committee shall provide policy input to City staff and make recommendations to the Flagstaff City Council and the Coconino County Board of Supervisors and provide policy input to City staff and to any consultant retained by the City for the preparation of an updated Regional Plan.”

 

 

The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

Councilmember Overton moved to read Ordinance No. 2008-34 for the final time by title only as amended.  The motion was seconded by Vice Mayor White and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2008-34

 

 

 

An ordinance amending Title 2, Boards and Commissions, by adding Chapter 2-23, creating a Flagstaff Area Regional Plan Citizens’ Advisory Committee, and declaring an emergency.

 

 

Vice Mayor White moved to adopt Ordinance No. 2008-34 as amended.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

F.

Consideration of Ordinance No. 2008-35:  An ordinance authorizing the City of Flagstaff to enter into a Development Agreement with Joy Cone Company for expansion of its warehouse and manufacturing facility at the Flagstaff Pulliam Airport, and declaring an emergency.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-35 for the first time by title only.

Read Ordinance No. 2008-35 for the final time by title only.

Adopt Ordinance No. 2008-35.

 

Vice Mayor White moved to read Ordinance No. 2008-35 for the first time by title only.  The motion was seconded by Councilmember Evans and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2008-35

 

 

 

An ordinance authorizing the City of Flagstaff to enter into a Development Agreement with Joy Cone Company for expansion of its warehouse and manufacturing facility at the Flagstaff Pulliam Airport, and declaring an emergency.

 

 

Vice Mayor White moved to read Ordinance No. 2008-35 for the final time by title only.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

Following the reading of Ordinance No. 2008-35 for the final time by title only, Vice Mayor White moved to adopt Ordinance No. 2008-35.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

G.

Consideration of Ordinance No. 2009-02:  An ordinance authorizing the City of Flagstaff to enter into a purchase and leaseback agreement for the acquisition of real property at 2620 North Rose Street, Flagstaff.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-02 for the first time by title only.

 

Vice Mayor White moved to read Ordinance No. 2009-02 for the first time by title only, seconded by Councilmember Brewster. 

 

Councilmember Overton requested that in the future, staff consider property already in the City’s inventory for projects such as the one being discussed, instead of purchasing additional land.

 

Mayor Presler asked the City Manager to bring forward a future agenda item to appoint Councilmembers as liaisons to the Community Land Trust Commission and the Traffic Commission.

 

The vote was unanimous in favor and title was read as follows:

 

 

Ordinance No. 2009-02

 

 

 

An ordinance authorizing the City of Flagstaff to enter into a purchase and leaseback agreement for the acquisition of real property at 2620 North Rose Street, Flagstaff.

 

 

H.

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.

 

Mayor Presler moved to read Resolution No. 2008-22 by title only, seconded by Councilmember Swanson.

 

Stephen Knutson, Flagstaff resident, stated that some residents are being given special consideration and privileges by being notified when events are being planned for Heritage Square.

 

Lisa Moody, Community Events Supervisor, reported that four revisions previously requested by the City Council have been incorporated into the final draft of the guidelines.  She requested that Council consider amending the guidelines to say that all City parks will be subject to a maximum decibel level of 96 A-weighted decibels, to be read from within 100 feet of the speaker locations.

 

Chase Carpini, Flagstaff resident, provided technical information about sound decibels and how they are measured.

 

Councilmember Swanson moved to amend the language in the guidelines as proposed by Lisa Moody above.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

Councilmember Overton moved to amend the language in the guidelines to allow for the issuance of a Special Event Permit for events proposing distribution of alcohol in Heritage Square, only with the approval of the City Council.  The motion was seconded by Vice Mayor White and passed on majority vote with Vice Mayor White and Councilmembers Brewster, Evans, Haughey, Overton and Swanson in favor, and Mayor Presler opposed.

 

The motion to read Resolution No. 2008-22 as amended passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2008-22

 

 

 

A resolution approving guidelines for special events within the City of Flagstaff.

 

 

Mayor Presler moved to adopt Resolution No. 2008-22.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

I.

Consideration of Resolution No. 2008-69:  A resolution of the City Council of the City of Flagstaff, Arizona, granting a public utility easement to Arizona Public Service Company at 3200 West Route 66 and authorizing the City Manager to execute the appropriate instruments to convey said easement.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-69 by title only.

Adopt Resolution No. 2008-69.

 

Councilmember Haughey moved to read Resolution No. 2008-69 by title only.  The motion was seconded by Councilmember Evans and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2008-69

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, granting a public utility easement to Arizona Public Service Company at 3200 West Route 66 and authorizing the City Manager to execute the appropriate instruments to convey said easement.

 

 

Councilmember Haughey moved to adopt Resolution No. 2008-69.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

J.

Consideration of Resolution No. 2008-72:  A resolution authorizing the City of Flagstaff to enter into a ground lease with Beaver Street Brewing Company, Inc., for the development of a café and brewery facility at the historic J.D. Halstead Lumber Company property located at 5 South San Francisco Street.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-72 by title only.

Adopt Resolution No. 2008-72.

 

Vice Mayor White moved to read Resolution No. 2008-72 by title only, seconded by Councilmember Haughey.

 

Michael Kerski, Community Investment Director, explained that various Federal and State agencies would need to approve the development before proceeding due to the property’s historic designation and to being inside the Rio de Flag boundaries.  The property does not fall into one of the surrounding historic districts; it is considered an historic district all its own.

 

Councilmembers asked that the historic character of the property be preserved.  It was noted that the community should be included in all discussions that will impact them directly.

 

Councilmember Haughey moved to recess into executive session for legal advice, seconded by Councilmember Overton.  The motion passed on majority vote with Mayor Presler and Councilmembers Brewster, Evans, Haughey, Overton and Swanson in favor, and Vice Mayor White opposed.

 

The Council meeting resumed at 9:00 p.m.

 

The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2008-72

 

 

 

A resolution authorizing the City of Flagstaff to enter into a ground lease with Beaver Street Brewing Company, Inc., for the development of a café and brewery facility at the historic J.D. Halstead Lumber Company property located at 5 South San Francisco Street.

 

 

Mayor Presler moved to adopt Resolution No. 2008-72.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

8.       COUNCIL DISCUSSION ITEMS

 

A.

Consideration of Council Discussion:  Bicycle helmet ordinance.

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

Mayor Presler, sponsor of the item, stated that implementation of a bicycle helmet ordinance could take some time as the Arizona Supreme Court has to approve civil rules for municipalities.

 

The following individuals spoke in favor of the proposed ordinance:

 

 

Alice Berger, Head of Pediatrics at Flagstaff Medical Center

 

Ross Taylor, retired Phoenix police officer

 

Jim McCarthy, Flagstaff resident

 

Susan Hefley, Flagstaff Biking Organization

 

Melissa Dunstan, Safe Kids Coalition

 

Those speaking in favor noted that:

 

 

The ordinance will be the best deterrent in preventing head trauma in children.

 

Voluntary use increases when a community adopts regulations.

 

Helmet use should be broadened to include skateboards and scooters.

 

Educating the public regarding helmet use is critical.

 

Council discussion included such comments as:  (1) the community wants to see the ordinance move forward; (2) freedom of choice and government over-regulation are a concern; (3) if approved, the implementation should be over a 90-day period with the first offense calling for a warning, followed by progressive fines; (4) the main goal is to educate kids and their parents on the importance of wearing a helmet; (5) attempting to enforce helmet use for every recreational activity is not reasonable; (6) the fee structure needs more discussion; (7) Council may be creating an unenforceable ordinance; (8) the issue needs to be vetted through all appropriate City commissions; and (9) impacts to the Police Department and the Municipal Court to enforce the fines are unknown.

 

Councilmember Swanson moved to direct staff to prepare an ordinance for Council’s consideration at a regular Council meeting, seconded by Vice Mayor White.  The motion passed on majority roll-call vote as follows:

 

 

Mayor Presler

Aye

 

Vice Mayor White

Aye

 

Councilmember Brewster

Aye

 

Councilmember Evans

Aye

 

Councilmember Haughey

Nay

 

Councilmember Overton

Nay

 

Councilmember Swanson

Aye

 

9.      PUBLIC PARTICIPATION

 

None.

 

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

 

Councilmember Brewster requested a future agenda item to discuss local economic investments, specifically the feasibility of a Lone Tree Corridor overpass connecting Route 66 to Butler Avenue. 

 

Councilmember Brewster was also interested in exploring investment possibilities advocated by the Northern Arizona Economic Development Advisory Committee, specifically those involving local banks and funding options in Flagstaff.

 

Mayor Presler requested a Council discussion to select dates and locations for community town hall meetings.  Topics could include the budget, greenhouse gas inventory, or a bond initiative, etc.

 

Mayor Presler asked for a written report on what the City is doing for seniors, specifically what outreach is taking place to assist the elderly.

 

11.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 9:17 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 December 16, 2008.  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