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AGENDA

 

 

REGULAR COUNCIL MEETING

TUESDAY

JULY 27, 2010

 

COUNCIL CHAMBERS

211 WEST ASPEN AVENUE

5:30 P.M.

 

CALL TO ORDER

 

 

 

NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION

 

 

 

Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).

 

 

 

 

1.      PLEDGE OF ALLEGIANCE, INVOCATION, AND VISION STATEMENT

 

 

 

VISION STATEMENT

 

 

 

 

The City of Flagstaff will be a sustainable, safe and vibrant community retaining the character, high quality of life and charm of a small town.  Flagstaff will offer economic opportunities, educational choices, attainable housing, a protected environment and cultural and career opportunities to a diverse population.

 

 

 

2.      ROLL CALL

 

 

 

 

MAYOR PRESLER           

VICE MAYOR BAROTZ            

COUNCILMEMBER BABBOTT           

COUNCILMEMBER BREWSTER           

 

COUNCILMEMBER EVANS           

COUNCILMEMBER OVERTON         

COUNCILMEMBER WHITE          

 

 

3.      APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

 

No minutes were submitted.

 

 

4.      PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING BOARD AND COMMISSION MEMBERS

 

 

 

A.

Recognition of City Personnel on Hardy and Schultz Fires.

 

 

 

Public Participation enables the public to address the Council about an item that is not on the agenda.  If you wish to address the Council during Public Participation, it is not necessary to fill out a comment card.

 

If you wish to address the Council at tonight's meeting on an item that is on the agenda, please complete a comment card and submit it to the recording clerk as soon as possible.  Your name will be called when it is your turn to speak.

 

You may address the Council up to three times throughout the meeting, including comments made during Public Participation.  Please limit your remarks to three minutes per item to allow everyone an opportunity to speakAt the discretion of the Chair, ten or more persons present at the meeting and wishing to speak may appoint a representative who may have no more than fifteen minutes to speak.

 

 

5.      CONSENT AGENDA

 

 

 

ALL MATTERS UNDER ‘CONSENT AGENDA” ARE CONSIDERED BY THE CITY COUNCIL TO BE ROUTINE AND WILL BE ENACTED BY ONE MOTION APPROVING THE RECOMMENDATIONS LISTED ON THE AGENDA.  UNLESS OTHERWISE INDICATED, EXPENDITURES APPROVED BY COUNCIL ARE BUDGETED ITEMS.

 

A.

Consideration of Additional Expenditure Authority:   Regner v. City of Flagstaff.

 

 

RECOMMENDED ACTION:

Approve expenditure authority of an additional $100,000.00 for payment of attorneys’ fees to Gammage & Burnham.

 

B.

Consideration of Extension of Annual Bid:  Bulk fuel.

 

 

RECOMMENDED ACTION:

Approve the second extension with Carter Oil Company for unleaded fuel at $.0153 per gallon, diesel fuel at $.0281 per gallon, and diesel winter blend at $.0393 per gallon over the Phoenix OPIS weekly price.

 

C.

Consideration of Amendment One to Intergovernmental Agreement:  Fire protection services.

 

 

RECOMMENDED ACTION:

Approve Amendment One with Flagstaff Ranch Fire District.

 

D.

Consideration of Intergovernmental Agreement:  Fire protection services.

 

 

RECOMMENDED ACTION:

Approve the Intergovernmental Agreement with Westwood Estates Fire District.

 

E.

Consideration of Annual Service Agreement:  Landscape maintenance service.

 

 

RECOMMENDED ACTION:

Approve the service agreement with Morning Dew Landscaping, Incorporated, per the staff summary attachment.

 

F.

Consideration of PC SUB 2008-003:  A request for final plat approval by Joseph N. Kavanagh for the Peaks Plaza Condominiums, a mixed-use commercial and residential condominium subdivision on a .62 acre parcel located at 1819 East Second Avenue in the C2-E, Community Commercial Zoning District Established.

 

 

RECOMMENDED ACTION:

Approve the final plat.

 

6.     PUBLIC HEARING ITEMS

 

A.

Consideration of Liquor License Application:  Danny Thomas, “Sustainable Packaging Solutions”, 2225 N. Gemini Drive, Series 13, New License.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

The City Council has the option to:

 

 

(1)

Forward the application to the State with a recommendation for approval;

 

 

(2)

Forward the application to the State with no recommendation; or

 

 

(3)

Forward the application to the State with a recommendation for denial based on the testimony received at the public hearing and/or other factors.

 

B.

Consideration of Liquor License Application:  Jamie Thousand, “Satchmo’s”, 2320 N. Fourth Street, Series 12, New License.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

The City Council has the option to:

 

 

(1)

Forward the application to the State with a recommendation for approval;

 

 

(2)

Forward the application to the State with no recommendation; or

 

 

(3)

Forward the application to the State with a recommendation for denial based on the testimony received at the public hearing and/or other factors.

 

C.

Consideration of Public Hearing (PC REZ 2010-003):  Rezoning of approximately 60 acres at 3100 and 3101 North Fort Valley Road to the Landmarks Design Review Overlay (LDRO) Zoning District.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

D.

Consideration of Ordinance No. 2010-24:  An ordinance rezoning approximately 60 acres of land located at 3100 and 3101 North Fort Valley Road by adding a Landmarks Design Review Overlay District Designation (“LDRO”) to the existing Public Lands Open Space District-Established Zoning classification (“PLO-E”).

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-24 for the first time by title only.

 

E.

Consideration of Public Hearing:  Water and wastewater rates and fees increases.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

7.      REGULAR AGENDA

 

A.

Consideration of Appointments:  On-call Magistrates.  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 appointments of the on-call magistrates.

 

B.

Consideration of Applicants for Appointments:  Citizens Budget Task Force.  [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:

None.

 

C.

Consideration of Appointment/Delegation of Appointing Authority:  Citizen member to the Transit Advisory Committee of Northern Arizona Intergovernmental Public Transit Authority (NAIPTA).

 

 

RECOMMENDED ACTION:

(1)

Make one citizen appointment from the City of Flagstaff service area to the Transit Advisory Committee; or, in the alternative:

 

 

(2)

Permanently delegate authority for the Flagstaff area citizen appointment to the two City Council NAIPTA Board member representatives.

 

D.

Consideration of Appointments:  Councilmember liaisons to City boards and commissions, Coconino County boards and councils, and various community boards and councils.

 

 

RECOMMENDED ACTION:

Make Council liaison appointments to the City’s board and commissions, Coconino County boards and councils, and various

 community boards and councils.

 

E.

Consideration of Ordinance No. 2010-16:  An ordinance levying upon the assessed valuation of the property within the City of Flagstaff, Arizona, subject to taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, less the amount estimated to be received from other sources of revenue; providing funds for various bond redemptions, for the purpose of paying interest upon bonded indebtedness and providing funds for general municipal expenses, all for the fiscal year ending the 30th day of June, 2011, and declaring and emergency.

 

 

RECOMMENDED ACTION:

(1)

Read Ordinance No. 2010-16 for the first time by title only.

 

 

(2)

Move to consider the reading of Ordinance No. 2010-16 for the final time by title only (requires unanimous affirmative vote).

 

 

(3)

Upon the unanimous vote above, move to read Ordinance No. 2010-16 for the final time by title only.

 

 

(4)

Adopt Ordinance No. 2010-16 (requires six affirmative votes).

 

F.

Consideration of Resolution No. 2010-51:  A resolution ratifying and terminating the Proclamation Declaring an Emergency dated June 19, 2010.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-51 by title only.

Adopt Resolution No. 2010-51.

 

 

G.

Consideration of Memorandum of Termination of Forbearance Agreement:  Aspen Place at the Sawmill.

 

 

 

RECOMMENDED ACTION:

Approve the Memorandum of Termination of Forbearance Agreement with Aspen Place North, L.L.C. and Aspen Place South, L.L.C.

 

 

H.

Consideration of Forbearance Agreement:  Aspen Place at the Sawmill.

 

 

 

RECOMMENDED ACTION:

Approve the Forbearance Agreement with Aspen Place North, L.L.C.

 

 

I.

Consideration of Second Amendment to Development Incentive Agreement:  Aspen Place at the Sawmill.

 

 

 

RECOMMENDED ACTION:

Approve the Second Amendment to Development Incentive Agreement with Aspen Place North, L.L.C., and Sawmill NF, L.L.C.

 

 

J.

Consideration of Resolution No. 2010-53:  A resolution approving the Fourth Amended and Restated Development Agreement and Waiver among the City of Flagstaff, Aspen Place North, L.L.C., and Sawmill NF, L.L.C.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-53 by title only.

Adopt Resolution No. 2010-53.

 

 

8.      DISCUSSION ITEMS

 

 

A.

Consideration of Council Discussion:  Sale and development of 32 acres of City-owned property at the corner of Fourth Street and Route 66.

 

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

 

 

B.

Consideration of Council Discussion:  Mayors Conference Event Idea.

 

 

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

 

9.      PUBLIC PARTICIPATION

 

 

10.    INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF,

 

 

REQUESTS FOR FUTURE AGENDA ITEMS

 

 

11.    ADJOURNMENT