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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 MEETING ARE NOT VERBATIM TRANSCRIPTS.  ONLY THE ACTIONS TAKEN AND DISCUSSIONS APPEARING WITHIN QUOTATION MARKS ARE VERBATIM.  AUDIO RECORDINGS OF CITY COUNCIL MEETINGS ARE ON FILE IN THE CITY CLERK’S OFFICE.

 

SUMMARIZED MINUTES

COUNCIL MEETING

 

November 2, 2010

12:00 p.m.

 

A meeting of the Flagstaff City Council was held on Tuesday, November 2, convening at 12:00 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.      ROLL CALL

 

On roll call, the following were present:

 

 

Mayor Presler

 

Vice Mayor Barotz

Councilmember Babbott

Councilmember Brewster

Councilmember Evans

Councilmember Overton

Councilmember White

 

Also present were:

 

 

Kevin Burke, City Manager

Rosemary Rosales, City Attorney

 

2.      PUBLIC PARTICIPATION

 

3.      BOARD AND COMMISSION APPOINTMENTS

 

4.      LIQUOR LICENSE PUBLIC HEARINGS

 

A.

Consideration of Liquor License Application:  Janice Martin, Safeway #1225, 1500 E. Cedar Ave., Series 09 Supplemental, Sampling Privileges.

 

 

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.

 

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

 

Dana Kjellgren, Chief Deputy City Attorney, and Sergeant Matt Wright, Flagstaff Police Department, discussed the signed agreement from Safeway agreeing to the sampling of beer and wine only.  Although the State has indicated that the agreement is voluntary and that they cannot uphold it, the City would handle any violation as a breach of contract.

 

Janice Martin, representative from afeway, indicated that it was easier for them to exclude all alcoholic beverages except beer and wine to avoid muddying the edges around mixing liquors.

 

Councilmember Overton moved to close the public hearing.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

Councilmember White moved to forward the application to the State with a recommendation for approval, seconded by Councilmember Evans.  The vote was unanimous in favor.

 

B.

Consideration of Liquor License Application:  Janice Martin, Safeway #2028, 1201 S. Plaza Way, Series 09 Supplemental, Sampling Privileges.

 

 

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.

 

Councilmember White moved to open the public hearing.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

There being no further public input, Councilmember Overton moved to close the public hearing, seconded by Councilmember Evans.  The vote was unanimous in favor.

 

Councilmember White moved to forward the application to the State with a recommendation for approval.  The motion was seconded by Councilmember Evans and the vote was unanimous in favor.

 

C.

Consideration of Liquor License Application:  Janice Martin, Safeway #270, 4910 N. Hwy. 89, Series 09 Supplemental, Sampling Privileges.

 

 

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.

 

Councilmember White moved to open the public hearing, seconded by Councilmember Overton.  The motion passed unanimously.

 

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

 

Councilmember White moved to forward the application to the State with a recommendation for approval, seconded by Councilmember Evans.  The vote was unanimous in favor.

 

5.     CONSENT ITEMS

 

A.

Consideration of Settlement of Claim:  J. Bennett v. City of Flagstaff.

 

 

RECOMMENDED ACTION:

(1)

Confirm the settlement in the amount of $29,174.55 to J. Bennett and Blue Cross Nebraska medical lien; and

 

 

(2)

Approve an additional $1,800.45 payment authority for the City’s adjuster’s and attorneys’ fees.

 

B.

Consideration of Amendment One to Lease Agreement:  11 W. Cherry Avenue.

 

 

RECOMMENDED ACTION:

(1)

Approve Option 1 as Amendment One to the lease agreement with Theatrikos, Inc.; or

 

 

(2)

Approve Option 2 as Amendment One to the lease agreement with Theatrikos, Inc.

 

Councilmember Brewster moved to approve the Consent Calendar, with Recommended Action No. 2 for Item B, seconded by Councilmember White.  The vote was unanimous in favor.

 

Council majority requested that an item be placed on a future agenda for a policy discussion on capital facilities improvements for leased buildings.

 

6.     ROUTINE ITEMS

 

A.

Consideration of Ordinance No. 2010-27:  An ordinance amending Title 8, Public Ways and Property, by adding Chapter 8-12, Special Events.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-27 for the final time by title only.

Adopt Ordinance No. 2010-27.

 

Councilmember Brewster moved to read Ordinance No. 2010-27 for the final time by title only, seconded by Councilmember White.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2010-27

 

 

 

An ordinance amending Title 8, Public Ways and Property, by adding Chapter 8-12, Special Events.

 

 

Upon motion by Councilmember Brewster and second by Councilmember Evans, the vote was unanimous in favor of adoption.

 

B.

Consideration of Ordinance No. 2010-32: An ordinance amending Title 7, Health and Sanitation, by repealing Chapter 7-01, Health Regulations, and reserving the same for future use.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-32 for the final time by title only.

Adopt Ordinance No. 2010-32.

 

Councilmember White moved to read Ordinance No. 2010-32 for the final time by title only, seconded by Councilmember Babbott.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2010-32

 

 

 

An ordinance amending Title 7, Health and Sanitation, by repealing Chapter 7-01, Health Regulations, and reserving the same for future use.

 

 

Councilmember White moved for adoption.  The motion was seconded by Councilmember Babbott and passed on unanimsou vote.

 

C.

Consideration of Ordinance No. 2010-34: An ordinance authorizing the City of Flagstaff to enter into purchase agreements for the sale of improvements to real property and ground leases for the real property at Lots 1-3, Izabel Homes, Flagstaff.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-34 for the final time by title only.

Adopt Ordinance No. 2010-34.

 

Councilmember White moved to read Ordinance No. 2010-34 for the final time by title only, seconded by Councilmember Babbott.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2010-34

 

 

 

An ordinance authorizing the City of Flagstaff to enter into purchase agreements for the sale of improvements to real property and ground leases for the real property at Lots 1-3, Izabel Homes, Flagstaff.

 

 

Councilmember White moved to adopt Ordinance No. 2010-34, seconded by Councilmember Evans.  The vote was unanimous in favor.

 

RECESS

 

At 12:30 p.m., the Mayor called a recess until 5:30 p.m.

 

The meeting reconvened at 5:33 p.m. and Vice-Mayor Barotz called the meeting back to order.

 

8.      PLEDGE OF ALLEGIANCE, INVOCATION, AND VISION STATEMENT

 

Vice-Mayor Barotz asked those present to stand for the Pledge of Allegiance, the reading of the Vision Statement, and the Invocation.

 

9.     ROLL CALL

 

On roll call the following were present:

 

 

Mayor Presler, Excused

 

Vice Mayor Barotz

Councilmember Babbott

Councilmember Brewster

Councilmember Evans

Councilmember Overton

Councilmember White

 

Also present were:

 

 

Kevin Burke, City Manager

Rosemary Rosales, City Attorney

 

10.    APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

 

A.

Consideration of Minutes: Regular Council Meetings of October 5, 2010 and October 19, 2010.

 

 

RECOMMENDED ACTION:

Approve the minutes as submitted/corrected.

 

Councilmember Overton moved to approve the minutes as submitted.  The motion was seconded by Councilmember Babbott and passed on unanimous vote.

 

11.    PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING

 

BOARD AND COMMISSION MEMBERS

 

 

A.

Presentation of Proclamation:  Native American Heritage Month.

 

April Moyer, staff liaison to the Diversity Awareness Commission, was present to receive the proclamation from Vice-Mayor Barotz.

 

Rick Judy remarked that he and his wife have opened Tenderhearts Senior Care as of November 1 and introduced himself to Council.

 

Andy Fernandez addressed the Council on several issues.

 

12.    CARRY OVER ITEMS FROM THE 12:00 NOON AGENDA

 

There were no carry-over items.

 

13.    PUBLIC HEARING ITEMS

 

No items were submitted.

 

14.    REGULAR AGENDA

 

A.

Consideration of Citywide On-Call Service Contracts:  Architecture, landscape architecture, engineering, geotechnical, and surveying professional services.

 

 

RECOMMENDED ACTION:

Approve the 18 service contracts not to exceed $250,000.00 each per year to the following firms:

 

 

 

Architecture

Johnson Walzer Associates

Reece Angell Row

Smith Group

 

 

Landscape Architecture

Otak, Inc.

Sherman Group

WLB Group

 

 

Engineering

GHD, Inc.

Kimley-Horne

Plateau Engineering

Shepard Wesnitzer

Turner Engineering

 

 

Geotechnical

Ninyo & Moore

Speedie & Associates

Western Technologies

 

 

Survey

GHD, Inc.

Plateau Engineering

Shepard Wesnitzer

WLB Group.

 

This item was withdrawn from the agenda.

 

B.

Consideration of Ordinance No. 2010-35:  An ordinance repealing Flagstaff City Code Division 10-09-002; City Council; Division 10-09-003, City Planning and Zoning Commission; and Division 10-09-004, Board of Adjustment; amending Chapter 2-01, Planning and Zoning Commission; Chapter 2-10, Board of Adjustment; amending the Title of Chapter 2-1, Historic Preservation Commission to Heritage Preservation Commission; amending various sections of Chapter 2-19, Heritage Preservation Commission; and declaring an effective date.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-35 for the first time by title only.

 

Councilmember White moved to read Ordinance No. 2010-35 for the first time by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2010-35

 

 

 

An ordinance repealing Flagstaff City Code Division 10-09-002; City Council; Division 10-09-003, City Planning and Zoning Commission; and Division 10-09-004, Board of Adjustment; amending Chapter 2-01, Planning and Zoning Commission; Chapter 2-10, Board of Adjustment; amending the Title of Chapter 2-19, Historic Preservation Commission to Heritage Preservation Commission; amending various sections of Chapter 2-19, Heritage Preservation Commission; and declaring an effective date.

 

 

C.

Consideration of Resolution No. 2010-67:  A resolution of the City Council of the City of Flagstaff, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled “Title 11, General Plans and Subdivisions.”

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-67 by title only.

Adopt Resolution No. 2010-67.

 

Councilmember White moved to read Resolution No. 2010-67 by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2010-67

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled “Title 11, General Plans and Subdivisions.”

 

 

Councilmember Overton moved for adoption, seconded by Councilmember White.  The motion passed unanimously.

 

D.

Consideration of Ordinance No. 2010-36:  An ordinance amending the Flagstaff City Code by adopting that certain document known as “Title 11, General Plans and Subdivision” previously declared to be a public record, repealing Chapter 10-11, Subdivision and Minor Land Division Regulations, and Chapter 10-12, Planning Documents; and declaring an effective date.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-36 for the first time by title only.

 

Councilmember Brewster moved to read Ordinance No. 2010-36 for the first time by title only, seconded by Councilmember Babbott.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2010-36

 

 

 

An ordinance amending the Flagstaff City Code by adopting that certain document known as “Title 11, General Plans and Subdivision” previously declared to be a public record, repealing Chapter 10-11, Subdivision and Minor Land Division Regulations, and Chapter 10-12, Planning Documents; and declaring an effective date.

 

 

E.

Consideration of Ordinance No. 2010-37:  An ordinance creating a new Chapter 3-11, Development Fees; transferring Flagstaff City Code Chapter 10-18, Development Fees, to Chapter 3-11, Development Fees; and declaring an effective date.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-37 for the first time by title only.

 

Councilmember Overton moved to read Ordinance No. 2010-37 for the first time by title only, seconded by Councilmember Babbott.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2010-37

 

 

 

An ordinance creating a new Chapter 3-11, Development Fees; transferring Flagstaff City Code Chapter 10-18, Development Fees, to Chapter 3-11, Development Fees; and declaring an effective date.

 

 

F.

Consideration of Ordinance No. 2010-38:  An ordinance of the City Council of the City of Flagstaff, Arizona, amending the Flagstaff City Code, Title 5, Fire Regulations, by adding a new Section 5-02-002, Regulations for the Use of Consumer Fireworks; and Title 3, Business Regulations, Chapter 3-10, User Fees, Section 3-10-001-0003, Fire Department, to add fees for the sale of fireworks.

 

 

RECOMMENDED ACTION:

(1)

Read Ordinance No. 2010-38 for the first time by title only.

 

 

(2)

Move to consider the reading of Ordinance No. 2010-38 for the final time by title (requires unanimous affirmative vote).

 

 

(3)

Read Ordinance No. 2010-38 for the final time by title only.

 

 

(4)

Adopt Ordinance No. 2010-38.

 

Councilmember Overton moved to read Ordinance No. 2010-38 for the first time by title only,s econded by Councilmember Babbott.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2010-38

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, amending the Flagstaff City Code, Title 5, Fire Regulations, by adding a new Section 5-02-002, Regulations for the Use of Consumer Fireworks; and Title 3, Business Regulations, Chapter 3-10, User Fees, Section 3-10-001-0003, Fire Department, to add fees for the sale of fireworks.

 

 

Councilmember White moved to consider the reading of Ordinance No. 2010-38 for the final time by title only, seconded by Councilmember Brewster.  The motion passed on unanimous vote.

 

Councilmember Babbott moved to read Ordinance No. 2010-38 for the final time by title only.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

Following the reading of Ordinance No. 2010-38 for the final time by title only, Councilmember White moved for adoption.  The motioni was seconded by Councilmember Evans and passed on unanimous vote.

 

G.

Consideration of Resolution No. 2010-68:  A resolution of the City Council of the City of Flagstaff, Arizona, amending Resolution No. 2010-34, Establishing a Fiscal Year 2011/12 Citizens’ Budget Task Force by reducing the membership from 15 members to 10 members.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-68 by title only.

Adopt Resolution No. 2010-68.

 

Councilmember Evans moved to read Resolution No. 2010-68 by title only changing the membership to nine members rather than 10, seconded by Councilmember Brewster.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2010-68

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, amending Resolution No. 2010-34, Establishing a Fiscal Year 2011/12 Citizens’ Budget Task Force by reducing the membership from 15 members to 9 members.

 

 

Councilmember White moved to adopt Resolution No. 2010-68, seconded by Councilmember Evans.  The vote was unanimous in favor.

 

It was agreed that feedback will be built into the retreats to hear back from the task force during the Council’s budget discussions.

 

H.

Consideration of 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:

Make the appropriate number of appointments.

 

Blake Nabours asked the Council to favorably consider his application to serve on the Budget Task Force.

 

Councilmember Overton moved convene into Executive Session, seconded by Councilmember Evans.  The motion passed on unanimous vote.

 

Upon reconvening, Councilmember Overton moved to appoint Kurt Fenske, Kathrin Fox, Leora Harsh, Blake Nabours, Joe Ray, Mike Souris, and Paul Turner, to the Citizens Budget Task Force.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

15.    DISCUSSION ITEMS

 

A.

Consideration of Council Discussion:  Curbside recycling/curbside glass recycling.

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

Erik Solberg, Public Works Director, in conjunction with Pat Bourque, Solid Waste Superintendent, explained that current contract with Norton Materials prohibits the City from engaging in any other program or process to market recyclables.  The City has a guaranteed minimum tonnage requirement of 60 tons per day or 15,600 per year that must be supplied to Norton.  If that tonnage isn’t met, the City must pay for the difference.  Glass is a large part of that tonnage.  The City has been looking at a residential curbside glass program and is proposing a subscription service for $3.55 per month.  There are twelve more years on the current contract with Norton.  There is no restriction at the state level, but the city ordinance passed in 1998 does restrict collection.

 

The City’s diversion rate has is going up, but the City has lost partners who participated in the waste stream.  However, the contamination rate is going up, too.

 

In April, 2008, Council directed staff to initiate curbside glass recycling for glass.  Staff has been looking at a subscription service or a commingled service that would not cost extra.  It has taken more than two years because Norton changed hands and then they had to evaluate financial scenarios before determining it wasn’t practical.  Staff went back to the subscription service discussions and priced it out.  The material the other vendor wants to pick up is available at no cost at Norton.  This allows the City to meet its tonnage without being penalized.  Last year, the penalty was $140,000.  With the City picking up the glass, tonnage is increased and the penalty is decreased.  Commercial recycling remains an unmet demand although the City does have several contracts with private companies.  The commercial recycling is collected separately by one vehicle.

 

Norton made significant investment in their facility based on minimum tonnage in recyclables.  The City has the scale to do curbside glass recycling at a cheaper rate than an independent contractor.  If the independent contractor charges the citizen, the citizen will pay much more. 

 

Mark Brooks and Amy Gould, Curbside Glass, provided information on their business which is designed to collect glass as well as to have it for use in other products.  They would provide a service for anyone who wants it.  They intend to promote glass recycling among those who don’t currently recycle.  They have been in business for two months and have one truck.  As more subscribers are obtained, more capital will be invested.  They anticipate charging $4.95 per month per subscriber.  They separate colors because they have different markets for the colors.

 

For a private operator to engage in the recycling business, the City would have to amend its ordinance and renegotiate the contract with Norton.  The Council can also preserve exclusive right to residential customers, but allow the business to collect commercial glass.  Opening the contract up to glass and food, will negatively affect the City’s tonnage.  If operators can pick and choose which recyclable they want to provide a service for, the question then becomes what happens for materials where there is a market.  Any change to the contract would have to be very specific so as not to “poach” items that would make money for Norton. 

 

Councilmember Overton asked for the tonnage figures in glass that is currently going to the landfill and the associated dollar value.

 

Andy Fernandez spoke in favor of recycling.

 

Majority Council direction was to explore possible contract changes with the owners of the materials recovery facility to determine their willingness to make changes to the contract.  In the meantime, the City will move forward with its glass recycling program.

 

16.    PUBLIC PARTICIPATION

 

Andy Fernandez provided a number of comments..

 

17.    INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS

 

FOR FUTURE AGENDA ITEMS

 

Council activities included the Jay Lively Activity Center reopening, the Northern Arizona University Homecoming parade, and a Native American Diversity event.

 

18.     ADJOURNMENT

 

There being no further business to come before the Council, the meeting was adjourned at 7:25 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 November 2, 2010.  I further certifty that the Meeting was duly called and held and that a quorum was present.

 

DATED this 17th day of November, 2010.

 

 

 

 

CITY CLERK