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NOTE:
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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.
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SUMMARIZED MINUTES
COUNCIL MEETING
October 20, 2009
5:30 p.m.
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A meeting of the Flagstaff City
Council was held on October 20, 2009 convening at 5:31 p.m., in the Council
Chambers at City Hall, 211 West Aspen Avenue, Flagstaff, Arizona.
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CALL TO ORDER
The meeting was called to order
by Mayor Presler.
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1. PLEDGE OF ALLEGIANCE, READING OF THE VISION STATEMENT,
AND INVOCATION
Mayor Presler asked those
present to stand for the Pledge of Allegiance, the reading of the Vision
Statement, and the Invocation.
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2. ROLL CALL
On roll call, the following
were present:
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Mayor Presler
Vice Mayor White
Councilmember Brewster
Councilmember Evans
Councilmember Haughey
Councilmember Overton
Councilmember Swanson -
Excused
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Also present were:
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City Manager, Kevin Burke
City Attorney, Patricia
Boomsma
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3. MINUTES
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A.
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Consideration of Minutes:
There were no outstanding minutes to consider.
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4. PUBLIC
PARTICIPATION
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A.
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Flu Season Update and Update on Swine Flu Vaccine.
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Barbara Worgess, Director, Coconino County Health Department,
presented an update on the seasonal flu and H1N1 virus, including vaccination
information for Coconino County.
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5. CONSENT AGENDA
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A.
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Consideration of Payment of Claims Expenses and/or Settlement Costs: Dennis Archer versus City of Flagstaff.
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RECOMMENDED ACTION:
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(1)
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Authorize additional payments of $25,000.00 not to exceed a total of
$50,000.00 in claim expenses and/or settlement costs; and
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(2)
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Authorize the City Manager to execute the necessary documents.
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B.
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Consideration of Bids:
Sale of City owned property located at 4800 E. Railhead Avenue, formerly Fire
Station 3.
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RECOMMENDED ACTION:
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Accept the proposal from Nackard Flagstaff, LLC in the amount of
$775,000.00 contingent upon rezoning from PLO-E to a zoning consistent with
the adjacent Pepsi-Cola’s existing use; and waive rezoning fees and landfill
fees for the demolition of the fire training tower in a combined amount not
to exceed $15,000.00.
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C.
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Consideration of Intergovernmental Agreement: Law enforcement dispatch services.
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RECOMMENDED ACTION:
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Approve the Fiscal Year 2010 Financial and Operating Plan
intergovernmental agreement with the United States Forest Service.
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Councilmember Haughey moved to
approve the Consent Agenda with the exception of Item 5B. The motion was
seconded by Vice Mayor White and passed on unanimous vote.
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Returning to Item 5B, Vice
Mayor White moved to approve the recommended action, seconded by Councilmember
Haughey.
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Vice Mayor White asked to have
a discussion at a future date on how to prioritize and allocate excess funds
from the bond payoff associated with the Fire Station Relocation program.
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The motion passed on unanimous
vote.
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6. PUBLIC HEARING
ITEMS
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A.
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Consideration of Liquor License Application: Michael Fleming, “SpringHill Suites”, 2455 S. Beulah Blvd., Series 10, New License.
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RECOMMENDED ACTION:
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Open the public hearing.
Receive citizen input.
Close the public hearing.
The City Council has the option to:
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Forward the application to the State with a recommendation for
approval;
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Forward the application to the State with no recommendation; or
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Forward the application to the State with a recommendation for denial
based on the testimony received at the public hearing and/or other factors.
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Councilmember Haughey moved to
open the public hearing, seconded by Councilmember Overton. The motion
passed on unanimous vote.
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Sgt. Ryan Coons found no reason
to object to the application based on his background investigation.
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Kane Kennedy, General Manager
of the Courtyard by Marriott and SpringHill Suites, briefly addressed the
Council on his knowledge and expertise in handling liquor licenses.
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Councilmember Haughey moved to
close the public hearing, seconded by Councilmember Brewster. The vote was
unanimous in favor.
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Vice Mayor White moved to
forward the application to the State with a recommendation for approval. The
motion was seconded by Councilmember Haughey and passed on unanimous vote.
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7. REGULAR AGENDA
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A.
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Consideration of Applicants for Appointments: Tourism Commission. [The City Council may
vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).
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RECOMMENDED ACTION:
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Make two appointments to hospitality seats for partial terms expiring
January, 2011.
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Vice Mayor White moved to
appoint Jack Dodson and Kevin Heinonen to hospitality seats for partial terms
expiring January, 2011. The motion was seconded by Councilmember Haughey and
passed on unanimous vote.
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B.
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Consideration of Ordinance No. 2009-14: An
ordinance of the City of Flagstaff, Arizona repealing Flagstaff City Code,
Title 2, Boards and Commissions, Chapter 02-16 “Youth Commission”. [The
names of the applicants may be obtained by contacting the City Clerk’s
Office.]
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RECOMMENDED ACTION:
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Read Ordinance No. 2009-14 for the first time by title only.
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Councilmember Brewster moved to
read Ordinance No. 2009-14 for the first time by title only, seconded by
Councilmember Evans. The vote was unanimous in favor and title was read as
follows:
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Ordinance No. 2009-14
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An ordinance of the City of Flagstaff, Arizona repealing Flagstaff
City Code, Title 2, Boards and Commissions, Chapter 02-16 “Youth
Commission”. [The names of the applicants may be obtained by contacting the
City Clerk’s Office.]
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C.
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Consideration of Ordinance No. 2009-28: An ordinance authorizing the City of Flagstaff to enter into a development agreement with Orpheum Holdings, LLC for the
expansion, renovation, and improvement of its facility located at 15 Aspen Avenue.
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RECOMMENDED ACTION:
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Read Ordinance No. 2009-28 for the final time by title only.
Adopt Ordinance No. 2009-28
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Vice Mayor White moved to read
Ordinance No. 2009-28 for the final time by title only, seconded by
Councilmember Brewster.
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Stephen Knutson and Jeff
Thorsett, both residents, spoke in opposition to the action.
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The motion passed on majority
roll-call vote as follows:
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Mayor Presler
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Aye
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Vice Mayor White
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Aye
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Councilmember Brewster
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Aye
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Councilmember Evans
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Nay
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Councilmember Haughey
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Aye
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Councilmember Overton
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Nay
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Title was read as follows:
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Ordinance No. 2009-28
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An ordinance authorizing the City of Flagstaff to enter into a
development agreement with Orpheum Holdings, LLC for the expansion,
renovation, and improvement of its facility located at 15 Aspen Avenue.
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Councilmember Brewster moved to
adopt Ordinance No. 2009-28. The motion was seconded by Vice Mayor White and
passed on majority vote with Mayor Presler, Vice Mayor White and
Councilmembers Brewster and Haughey in favor, and Councilmembers Evans and
Overton opposed.
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D.
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Consideration of Ordinance No. 2009-15: An ordinance amending Flagstaff City Code
Title 6, Police Regulations, Chapter 1, General Offenses, Section
6-01-001-0022, Camping on Public Property Within the City Limits to clarify
its purpose and clarify its application.
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RECOMMENDED ACTION:
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Read Ordinance No. 2009-15 for the first time by title only.
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Vice Mayor White moved to read
Ordinance No. 2009-15 for the first time by title only. The motion was
seconded by Councilmember Haughey.
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Ordinance No. 2009-15
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An ordinance amending Flagstaff City Code Title 6, Police Regulations,
Chapter 1, General Offenses, Section 6-01-001-0022, Camping on Public
Property Within the City Limits to clarify its purpose and clarify its
application.
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James Speed, Assistant City
Attorney, read amendments to Ordinance No. 2009-15 as follows:
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A. PURPOSE: Paragraph
1; The purpose of this Section is to provide for the safety… whether
recreational or as a primary living space. Nothing in this ordinance is
meant to imply that homelessness is illegal in Flagstaff.
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B. PROHIBITION:
Paragraph 7; The above listed activities shall constitute camping when it
reasonably appears, in light of all the circumstances… Nothing in this
section shall be construed or interpreted as applying solely to homeless
persons.
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Vice Mayor White moved to
approve the amendments as submitted, seconded by Councilmember Evans. The
motion passed on unanimous vote.
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Councilmember Evans moved to
amend the ordinance as follows:
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E. A violation of this section
is a class 1 3 misdemeanor. Each day that a violation of this
section continues shall constitute a separate offense.
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The motion was seconded by
Mayor Presler and passed on majority roll-call vote as follows:
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Mayor Presler
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Aye
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Vice Mayor White
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Aye
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Councilmember Brewster
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Nay
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Councilmember Evans
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Aye
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Councilmember Haughey
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Nay
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Councilmember Overton
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Aye
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The motion to read Ordinance
No. 2009-15 for the first time by title only as amended passed on majority
roll-call vote as follows:
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Mayor Presler
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Aye
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Vice Mayor White
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Aye
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Councilmember Brewster
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Aye
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Councilmember Evans
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Aye
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Councilmember Haughey
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Aye
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Councilmember Overton
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Aye
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E.
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Consideration of Ordinance No. 2009-38: Ordinance of the Council of the City of
Flagstaff, Arizona, approving the form and authorizing the execution and
delivery of a loan repayment agreement and a continuing disclosure
undertaking; accepting a loan from the Greater Arizona Development Authority
pursuant to such loan repayment agreement in the amount of not to exceed
$3,500,000.00 to the Flagstaff Business Incubator; authorizing the approval
of the portions of an official statement describing the City and the
distribution and use thereof; delegating to the Management Services Director
of the City the authority to designate the final interest rate, maturity
date, principal amount, prepayment provisions and other matters with respect
to such loan repayment agreement; authorizing the taking of all other actions
necessary to the consummation of the transactions contemplated by this
ordinance and declaring an emergency.
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RECOMMENDED ACTION:
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Read Ordinance No. 2009-38 for the first time by title only.
Read Ordinance No. 2009-38 for the final time by title only.
Adopt Ordinance No. 2009-38.
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Vice Mayor White moved to read
Ordinance No. 2009-38 for the first time by title only. The motion was
seconded by Councilmember Evans and passed on unanimous vote. Title was read
as follows:
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Ordinance No. 2009-38
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Ordinance of the Council of the City of Flagstaff, Arizona, approving
the form and authorizing the execution and delivery of a loan repayment
agreement and a continuing disclosure undertaking; accepting a loan from the
Greater Arizona Development Authority pursuant to such loan repayment
agreement in the amount of not to exceed $3,500,000.00 to the Flagstaff
Business Incubator; authorizing the approval of the portions of an official
statement describing the City and the distribution and use thereof;
delegating to the Management Services Director of the City the authority to
designate the final interest rate, maturity date, principal amount,
prepayment provisions and other matters with respect to such loan repayment
agreement; authorizing the taking of all other actions necessary to the
consummation of the transactions contemplated by this ordinance and declaring
an emergency.
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Councilmember Overton moved to
read Ordinance No. 2009-38 for the final time by title only, seconded by
Councilmember Evans. The vote was unanimous in favor.
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Following the reading of
Ordinance No. 2009-38 for the final time by title only, Vice Mayor White
moved to adopt Ordinance No. 2009-38. The motion was seconded by Councilmember
Haughey and passed on unanimous vote.
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F.
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Consideration of Resolution No. 2009-45: A resolution adopting the City of Flagstaff’s Incentive Policy for Affordable Housing.
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RECOMMENDED ACTION:
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Read Resolution No. 2009-45 by title only.
Adopt Resolution No. 2009-45.
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Councilmember Overton moved to
read Resolution No. 2009-45 by title only, seconded by Councilmember Evans.
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Mayor Presler moved to amend
the Incentive Policy for Affordable Housing as follows:
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1. OVERVIEW: Decent,
safe and affordable housing has been established by the City Council as one
of its top priorities. The Incentive Policy for Affordable Housing IPAH
incentivises developments that commit to permanently affordable housing
units. If a developer desires to take advantage of the incentives under the
IPAH document, they would need to provide rental and/or ownership
opportunities that have resale and rent restrictions placed on the units for
intended affordable housing. The City Council has adopted policies that
aim to further the goal of housing that is affordable within Flagstaff…
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Councilmember Evans seconded
the motion which passed on unanimous vote.
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Vice Mayor White, returning to
an earlier discussion regarding the expedited review process, moved to amend
the policy as follows:
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5.4 Expedited Review: IPAH
developments are eligible for expedited review throughout the
post-entitlement planning process, which is typically faster than the review
time for a conventional development project. City staff will work with
applicants to usher projects through review and inspection as quickly and
efficiently as possible, on a timeline to be negotiated in the development
agreement.
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The motion to amend was
seconded by Councilmember Evans and passed on unanimous vote.
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Stephen Knutson, resident,
expressed concern that the policy is too complicated.
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The motion to read Resolution
No. 2009-45 by title only as amended passed on unanimous vote and title was
read as follows:
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Resolution No. 2009-45
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A resolution adopting the City of Flagstaff’s Incentive Policy for
Affordable Housing.
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Councilmember Overton moved to
adopt Resolution No. 2009-45. The motion was seconded by Councilmember Evans
and passed on unanimous vote.
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8. COUNCIL
DISCUSSION ITEMS
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A.
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Consideration of Request: Smokefree air for Flagstaff Housing Authority facilities.
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RECOMMENDED ACTION:
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Discuss and provide direction, if any.
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WITHDRAWN.
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B.
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Consideration of Request: Community Prescription Discount Card.
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RECOMMENDED ACTION:
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Provide direction to staff to conduct additional research as to the
benefits and costs to the community, and bring back a recommendation to
Council.
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The Council was in agreement to
move forward and conduct additional research on a community prescription
discount card.
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9. PUBLIC
PARTICIPATION
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None.
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10. INFORMATIONAL
ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS FOR FUTURE
AGENDA ITEMS
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Councilmember Evans requested
that a link to CrimeReports.com be placed on the City’s website on the
“neighborhoods” page.
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11. ADJOURNMENT
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There being no further business
to come before the Council, the Meeting was adjourned at 7:08 p.m.
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MAYOR
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ATTEST:
CITY CLERK
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CERTIFICATION
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STATE OF ARIZONA,
Coconino County.
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ss.
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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 October 20,
2009. I further certify that the Meeting was duly called and held and that a
quorum was present.
DATED this 18th day
of November, 2009.
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CITY CLERK
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