|
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
February 16, 2010
5:30 p.m.
|
|
A meeting of the Flagstaff City
Council was held on February 16, 2010 convening at 5:36 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 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.
|
|
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: Special Council Meeting of January 26, 2010.
RECOMMENDED ACTION: Approve
the minutes as submitted/corrected.
|
|
Councilmember Haughey moved to approve the minutes as submitted,
seconded by Vice Mayor White. The motion passed on unanimous vote with
Councilmember Evans excused from the vote.
|
|
4. PUBLIC
PARTICIPATION
|
|
Stephen Knutson, resident, is
dissatisfied with the projects being considered by the Bond Advisory Task
Force.
|
|
5. CONSENT AGENDA
|
|
A.
|
Consideration of Service
Agreement: Victim Witness Services.
|
|
|
RECOMMENDED ACTION:
|
Approve the service agreement with Victim Witness Services of
Flagstaff in the amount of $44,625.00.
|
|
Councilmember Overton moved to
approve the recommended action. The motion was seconded by Vice Mayor White
and passed on unanimous vote. Councilmember Evans was excused from the vote.
|
|
6. PUBLIC HEARING
ITEMS
|
|
A.
|
Consideration of Liquor License Application: Andrea Lewkowitz, “Cost Plus World Market”,
5005 E. Market Place Drive, Suite 120, Series 07, Person Transfer and
Location Transfer.
|
|
|
RECOMMENDED ACTION:
|
Open the public hearing.
Receive citizen input.
Close the public hearing.
The City Council has the option to:
|
|
|
|
|
Forward the application to the State with a recommendation for
approval;
|
|
|
|
|
Forward the application to the State with no recommendation; or
|
|
|
|
|
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 Councilmember Swanson. The vote was
unanimous in favor with Councilmember Evans excused from the vote.
|
|
Sgt. Ryan Coons conducted the
background investigation on the applicant and found no reason to oppose the
application.
|
|
Andrea Lewkowitz, the
applicant, was present but was not called upon to address the Council.
|
|
Councilmember Haughey moved to
close the public hearing. The motion was seconded by Vice Mayor White and
passed on unanimous vote. Councilmember Evans was excused from the 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 with
Councilmember Evans excused from the vote.
|
|
7. REGULAR AGENDA
|
|
A.
|
Consideration of Applicants for Appointments: Water 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 three appointments to terms expiring December, 2012.
|
|
Councilmember Swanson moved to
table the item, seconded by Councilmember Overton. The motion passed on
unanimous vote. Councilmember Evans was excused from the vote.
|
|
Regular Agenda Item 7B
was taken out of agenda order.
|
|
B.
|
Consideration of Applicants for Appointments: Commission on Diversity Awareness. [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 terms expiring February, 2013.
|
|
Councilmember Evans moved to
appoint Patricia Garcia and Dorothy Rissel to terms expiring February, 2013.
The motion was seconded by Vice Mayor White and passed on unanimous vote.
|
|
C.
|
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).
The names of the applicants may be obtained by contacting the City Clerk.]
|
|
|
RECOMMENDED ACTION:
|
Make two at-large appointments to terms expiring January, 2013; and
one hospitality appointment to a term expiring January, 2013.
|
|
Vice Mayor White moved to
appoint Cynthia Nemeth and Lori Pappas to at-large terms expiring January
2013, and to appoint Dino Dullbson to a hospitality term expiring January,
2013. The motion was seconded by Councilmember Haughey and passed on
unanimous vote. Councilmember Evans was excused from the vote.
|
|
D.
|
Consideration of Applicants for Appointments: Planning and Zoning 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 December, 2012.
|
|
Councilmember Haughey moved to
appoint David Carpenter to a term expiring December, 2012, seconded by
Councilmember Overton. The vote was unanimous in favor with Councilmember
Evans excused from the vote.
|
|
E.
|
Consideration of Ordinance No. 2010-01: An ordinance amending Title 6, Police
Regulations, Chapter 6-01, General Offenses, by amending Section
6-01-001-0014, Plastic Bags or Coverings.
|
|
|
RECOMMENDED ACTION:
|
Read Ordinance No. 2010-01 for the final time by title only.
Adopt Ordinance No. 2010-01.
|
|
Councilmember Overton moved to
read Ordinance No. 2010-01 for the final time by title only. The motion was
seconded by Vice Mayor White and passed on unanimous vote. Councilmember
Evans was excused from the vote. Title was read as follows:
|
|
|
Ordinance No. 2010-01
|
|
|
|
An ordinance amending Title 6, Police Regulations, Chapter 6-01,
General Offenses, by amending Section 6-01-001-0014, Plastic Bags or
Coverings.
|
|
|
Councilmember Overton moved to
read Ordinance No. 2010-01, seconded by Vice Mayor White. The vote was
unanimous in favor with Councilmember excused from the vote.
|
|
F.
|
Consideration of Ordinance No. 2010-02: An ordinance amending Title 6, Police
Regulations, Chapter 6-01, General Offenses, by repealing Section
6-01-001-0008, Furnishing Weapons and Other Articles to Prisoners.
|
|
|
RECOMMENDED ACTION:
|
Read Ordinance No. 2010-02 for the final time by title only.
Adopt Ordinance No. 2010-02.
|
|
Councilmember Overton moved to
read Ordinance No. 2010-02 for the final time by title only. The motion was
seconded by Vice Mayor White and passed on unanimous vote. Councilmember
Evans was excused from the vote. Title was read as follows:
|
|
|
Ordinance No. 2010-02
|
|
|
|
An ordinance amending Title 6, Police Regulations, Chapter 6-01,
General Offenses, by repealing Section 6-01-001-0008, Furnishing Weapons and
Other Articles to Prisoners.
|
|
|
Councilmember Overton moved to
adopt Ordinance No. 2010-02. The motion was seconded by Councilmember
Brewster and passed on unanimous vote. Councilmember Evans was excused from
the vote.
|
|
G.
|
Consideration of Ordinance No. 2010-03: An ordinance amending Title 6, Police
Regulations, Chapter 6-01, General Offenses, by repealing Section
6-01-001-0007, False or Fraudulent Acts Prohibited.
|
|
|
RECOMMENDED ACTION:
|
Read Ordinance No. 2010-03 for the final time by title only.
Adopt Ordinance No. 2010-03.
|
|
Councilmember Overton moved to
read Ordinance No. 2010-03 for the final time by title only, seconded by
Councilmember Brewster. The motion passed on unanimous vote with Councilmember
Evans excused from the vote. Title was read as follows:
|
|
|
Ordinance No. 2010-03
|
|
|
|
An ordinance amending Title 6, Police Regulations, Chapter 6-01,
General Offenses, by repealing Section 6-01-001-0007, False or Fraudulent
Acts Prohibited.
|
|
|
Vice Mayor White moved to adopt
Ordinance No. 2010-03. The motion was seconded by Councilmember Overton and
passed on unanimous vote. Councilmember Evans was excused from the vote.
|
|
H.
|
Consideration of Resolution No. 2010-05: A resolution of the Mayor and Council of the
City of Flagstaff, Arizona, Declaring, for purposes of Section 1.150-2 of the
Federal Treasury Regulations, official intent to be reimbursed in connection
with certain capital expenditures relating to construction of Fire Station
No. 2 and acquisition of land for open space purposes.
|
|
|
RECOMMENDED ACTION:
|
Read Resolution No. 2010-05 by title only.
Adopt Resolution No. 2010-05.
|
|
Vice Mayor White moved to read
Resolution No. 2010-05 by title only. The motion was seconded by
Councilmember Haughey and passed on unanimous vote. Councilmember Evans was
excused from the vote. Title was read as follows:
|
|
|
Resolution No. 2010-05
|
|
|
|
A resolution of the Mayor and Council of the City of Flagstaff,
Arizona, Declaring, for purposes of Section 1.150-2 of the Federal Treasury
Regulations, official intent to be reimbursed in connection with certain
capital expenditures relating to construction of Fire Station No. 2 and
acquisition of land for open space purposes.
|
|
|
Vice Mayor White moved to adopt
Resolution No. 2010-05, seconded by Councilmember Haughey. The vote was
unanimous in favor with Councilmember Evans excused from the vote.
|
|
I.
|
Consideration of Resolution No. 2010-12: A resolution of the Mayor and Council of the
City of Flagstaff, Arizona, establishing a fund of the City to be titled,
“Jay Lively Donation Fund”, providing for monies to be deposited to said fund
and limiting expenditures of monies to the repair, restoration, construction,
or operation of the Jay Lively Ice Rink.
|
|
|
RECOMMENDED ACTION:
|
Read Resolution No. 2010-12 by title only.
Adopt Resolution No. 2010-12.
|
|
Vice Mayor White moved to read
Resolution No. 2012 by title only, seconded by Councilmember Swanson.
|
|
Councilmember Evans arrived at
the meeting at 6:04 p.m.
|
|
Deputy City Manager Ben Fisk
presented three options to address the Jay Lively Ice Rink collapse:
|
|
|
·
|
Emergency Procurement:
Award a design build contract to BEC Southwest to rebuild the facility (6 to
8 months with minimum public input).
|
|
|
·
|
Fast Track Design Build:
Utilize the loss of business insurance policy and possible donations to erect
the portable ice rink donated by the City of Williams (12 months with
moderate public input).
|
|
|
·
|
Traditional Design Build
Process: Issue a design build request for proposals to design and
construct a replacement facility (12 to 18 months with maximum public input).
|
|
The Bond Advisory Task Force
has added the Jay Lively Ice Rink to the list of projects being evaluated for
the November 2, 2010 bond election ballot.
|
|
Councilmember Haughey left the
meeting at 6:18 p.m.
|
|
Gabriella Smith, Kinney
Construction Services and Bud Woodruff, Woodruff Construction, asked for a
traditional design build process, allowing local contractors to bid on the
project, and providing adequate time for public input.
|
|
The following individuals were
in favor of: 1) a quick, safe, temporary solution; (2) a thorough public
input process on the permanent design; and (3) passing the resolution.
|
|
|
Mark Williams, Youth Hockey
Organization
|
|
|
Adam Slaughter, Youth Hockey
Organization
|
|
|
Nigel Sparks, resident
|
|
|
Bruce Scrubbs, Flagstaff Figure Skating Club
|
|
|
Courtney Cashman, Flagstaff Figure Skating Club
|
|
|
Nancy Ryan, hockey player
|
|
|
Stephanie Catto, resident
|
|
Councilmember Swanson moved to
recess into executive session for legal advice. The motion was seconded by
Councilmember Brewster and passed on unanimous vote. Councilmember Haughey
was excused from the vote.
|
|
The Council meeting resumed at
7:42 p.m.
|
|
There was Council consensus to:
(1) move forward quickly to utilize the temporary ice rink on loan from the
City of Williams; (2) keep the facility publicly owned; (3) rebuild the
facility employing the fast-track design build process; and (4) seek
partnerships to expand the ice and/or add a second sheet of ice in the
future.
|
|
Council also agreed to
authorize the City to sign as owner of the Jay Lively Ice Rink on a youth
driven application to Extreme Makeover to rebuild the rink.
|
|
The motion to read Resolution
No. 2010-12 passed on unanimous vote and title with Councilmember Haughey
excused from the vote. Title was read as follows:
|
|
|
Resolution No. 2010-12
|
|
|
|
A resolution of the Mayor and Council of the City of Flagstaff,
Arizona, establishing a fund of the City to be titled, “Jay Lively Donation
Fund”, providing for monies to be deposited to said fund and limiting
expenditures of monies to the repair, restoration, construction, or operation
of the Jay Lively Ice Rink.
|
|
|
Vice Mayor White moved to adopt
Resolution No. 2010-12 by title only. The motion was seconded by
Councilmember Evans and passed on unanimous vote. Councilmember Haughey was
excused from the vote.
|
|
J.
|
Consideration of Resolution No. 2010-14: A resolution of the Mayor and City Council of
Flagstaff, Arizona, appointing an election board for the mail ballot Primary
Election to be held in the City of Flagstaff, Arizona, on Tuesday, March 9,
2010; and declaring an emergency.
|
|
|
RECOMMENDED ACTION:
|
Read Resolution No. 2010-14 by title only.
Adopt Resolution No. 2010-14.
|
|
Vice Mayor White moved to read Resolution No. 2010-14 by title only,
seconded by Councilmember Evans. The motion passed unanimously with
Councilmember Haughey excused from the vote. Title was read as follows:
|
|
|
Resolution No. 2010-14
|
|
|
|
A resolution of the Mayor and City Council of Flagstaff, Arizona,
appointing an election board for the mail ballot Primary Election to be held
in the City of Flagstaff, Arizona, on Tuesday, March 9, 2010; and declaring
an emergency.
|
|
|
Councilmember Overton moved to
adopt Resolution No. 2010-14. The motion was seconded by Vice Mayor White
and passed on unanimous vote. Councilmember Haughey was excused from the
vote.
|
|
K.
|
Consideration of First Amendment to Development Incentive Agreement: Aspen Place North, L.L.C., and Aspen Place South, L.L.C.
|
|
|
RECOMMENDED ACTION:
|
Approve the First Amendment to Development Incentive Agreement with Aspen Place North, L.L.C., and Aspen Place South, L.L.C.
|
|
Vice Mayor White moved to
approve the recommended action, seconded by Councilmember Brewster.
|
|
Don Meyers, President of Aspen
Group, explained that he is working with investors to raise outside equity by
February 26, 2010 in order to fund the south parcel assessments for the next
2 to 3 years.
|
|
The motion passed on majority
roll-call vote as follows with Councilmember Haughey excused from the vote:
|
|
|
Mayor Presler
|
Nay
|
|
|
Vice Mayor White
|
Aye
|
|
|
Councilmember Brewster
|
Aye
|
|
|
Councilmember Evans
|
Nay
|
|
|
Councilmember Overton
|
Aye
|
|
|
Councilmember Swanson
|
Aye
|
|
L.
|
Consideration of Resolution No. 2010-08: A resolution of the City Council of the City
of Flagstaff, Arizona, approving modification of Assessment Nos. 2, 2A, 3, 4,
5, 6, 10, 11, 12 and 21 for Aspen Place at the Sawmill Improvement District, Flagstaff, Arizona.
|
|
|
RECOMMENDED ACTION:
|
Read Resolution No. 2010-08 by title only.
Adopt Resolution No. 2010-08.
|
|
Councilmember Overton moved to read Resolution No. 2010-08 by title
only, seconded by Vice Mayor White. The motion passed on majority roll-call
vote as follows with Councilmember Haughey excused from the vote:
|
|
|
Mayor Presler
|
Nay
|
|
|
Vice Mayor White
|
Aye
|
|
|
Councilmember Brewster
|
Aye
|
|
|
Councilmember Evans
|
Nay
|
|
|
Councilmember Overton
|
Aye
|
|
|
Councilmember Swanson
|
Aye
|
|
Title was read as follows:
|
|
|
Resolution No. 2010-08
|
|
|
|
A resolution of the City Council of the City of Flagstaff, Arizona,
approving modification of Assessment Nos. 2, 2A, 3, 4, 5, 6, 10, 11, 12 and
21 for Aspen Place at the Sawmill Improvement District, Flagstaff, Arizona.
|
|
|
Councilmember Overton moved to adopt Resolution No. 2010-08, seconded
by Councilmember Brewster. The motion passed on majority vote with Vice
Mayor White and Councilmembers Brewster, Overton and Swanson in favor, and
Mayor Presler and Councilmember Evans opposed. Councilmember Haughey
was excused from the vote.
|
|
M.
|
Consideration of Resolution No. 2010-03: A resolution approving the Third Amended and
Restated Development Agreement between the City of Flagstaff and Butler and
Lone Tree, L.L.C.
|
|
|
|
Read Resolution No. 2010-03 by title only.
Adopt Resolution No. 2010-03.
|
|
Dana Kjellgren, Senior Assistant City Attorney, asked the Council to
amend the resolution as follows:
|
|
|
·
|
Title: A resolution approving the Third Amended and Restated
Development Agreement between the City of Flagstaff and Aspen Place North,
L.L.C. and Aspen Place South, L.L.C. successors in interest to Butler and Lone Tree L.L.C.
|
|
|
|
·
|
WHEREAS, Aspen Place North, L.L.C. and Aspen Place South,
L.L.C. Butler and Lone Tree, L.L.C. (collectively, “Owner”),
- successors in interest to Butler and Lone Tree, L.L.C. is are
the owners of, or controls, certain property …
|
|
|
|
·
|
SECTION 1. That the Third Amended and Restated Development Agreement
between the City of Flagstaff and Butler and Lone Tree, L.L.C. Aspen
Place North, L.L.C. and Aspen Place South, L.L.C., attached to the staff
summary report …
|
|
|
Vice Mayor White moved to read Resolution No. 2010-03 by title only as
amended. The motion was seconded by Councilmember Overton and passed on
majority roll-call vote as follows with Councilmember Haughey excused from
the vote:
|
|
|
Mayor Presler
|
Nay
|
|
|
Vice Mayor White
|
Aye
|
|
|
Councilmember Brewster
|
Aye
|
|
|
Councilmember Evans
|
Nay
|
|
|
Councilmember Overton
|
Aye
|
|
|
Councilmember Swanson
|
Aye
|
|
Title was read as follows:
|
|
|
Resolution No. 2010-03
|
|
|
|
A resolution approving the Third Amended and Restated Development
Agreement between the City of Flagstaff and Aspen Place North, L.L.C. and
Aspen Place South, L.L.C. successors in interest to Butler and Lone Tree
L.L.C.
|
|
|
Vice Mayor White moved to adopt Resolution No. 2010-03, seconded by
Councilmember Brewster. The motion passed on majority vote with Vice Mayor
White and Councilmembers Brewster, Overton and Swanson in favor, and Mayor
Presler and Councilmember Evans opposed. Councilmember Haughey was
excused from the vote.
|
|
8. COUNCIL
DISCUSSION ITEMS
|
|
A.
|
Consideration of Council Discussion: Waiver of development
fees.
|
|
|
RECOMMENDED ACTION:
|
Discuss and provide direction, if any.
|
|
WITHDRAWN.
|
|
B.
|
Consideration of Council Discussion: Funding for Riordan Mansion.
|
|
|
RECOMMENDED ACTION:
|
Discuss and provide direction, if any.
|
|
There was Council consensus to
authorize the City Manager to commit up to $10,000.00 from the Lodging,
Restaurant, and Lounge Tax (BBB fund) for Riordan Mansion.
|
|
Councilmembers asked for a memo
explaining: (1) why BBB funds are not allocated to fund maintenance of the
City’s fields and parks; and (2) which programs, with corresponding dollar
amounts, will be impacted by the shifting of BBB funds.
|
|
C.
|
Consideration of Emergency Procurement: Jay Lively Ice Rink.
|
|
|
RECOMMENDED ACTION:
|
Discuss and provide direction.
|
|
Council direction was provided
on this item during the discussion of Item 7I.
|
|
9. PUBLIC
PARTICIPATION
|
|
None.
|
|
10. INFORMATIONAL
ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS FOR FUTURE
AGENDA ITEMS
|
|
Councilmember Evans requested
Section 8 discussion items for: (1) the formation of a Citizens’ Budget Task
Force; (2) the formation of a Citizens’ Charter Review Task Force; and (3)
the possible condemnation of a vacant big box property on Fourth Street.
|
|
Councilmember Overton asked for
a Section 8 discussion on the issue of new and old buildings collapsing under
the weight of recent snow fall.
|
|
11. ADJOURNMENT
|
|
There being no further business
to come before the Council, the Meeting was adjourned at 9:49 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 February 16,
2010. I further certify that the Meeting was duly called and held and that a
quorum was present.
DATED this 17th day of March,
2010.
|
|
|
CITY CLERK
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
