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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

 

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