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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 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.
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SUMMARIZED MINUTES
COUNCIL MEETING
November 16, 2010
12:00 p.m.
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A meeting of the Flagstaff City Council was held on Tuesday, November
16, 2010 convening at 12:01 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. ROLL CALL
On roll call, the following were present:
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Mayor Presler
Vice Mayor Barotz
Councilmember Babbott
Councilmember Brewster
Councilmember Evans
Councilmember Overton
Councilmember White
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Also present were:
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Kevin Burke, City Manager
Rosemary Rosales, City Attorney
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2. PUBLIC
PARTICIPATION
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Kelly Cullen, Niles Radio, spoke to the new public safety
communication bond passed by the voters and asked for a fair and open bid
process on the system.
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3. BOARD AND COMMISSION APPOINTMENTS
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A.
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Consideration of Applicants for Appointments: Airport 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.]
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RECOMMENDED ACTION:
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Make two appointments to terms expiring October, 2013.
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Councilmember Brewster moved to reappoint Matt Evans to a term on the
Airport Commission expiring October, 2013. The motion was seconded by
Councilmember White and passed on unanimous vote.
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B.
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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.]
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RECOMMENDED ACTION:
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Make one appointment to a partial term beginning in December, 2010,
and expiring December, 2012; and three appointments to terms beginning in
December, 2010, expiring December, 2013.
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Councilember Evans moved to appoint Brian Ketter to a partial term on
the Water Commission beginning December, 2010, and expiring December 2012;
and John Nowakowski, Lindsay Wagner, and Karl Tobin to terms on the Water
Commission beginning December, 2010, and expiring December, 2013. The motion
was seconded by Councilmember White and passed on unanimous vote.
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C.
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Consideration of Applicants
for Appointments: Parks and Recreation 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.]
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RECOMMENDED ACTION:
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Make two appointments to terms
expiring August, 2013.
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Councilmember Babbott moved to
appoint Len Spiess and Brian Young to terms on the Parks and Recreation
Commission expiring August, 2013. The motion was seconded by Councilmember
Overton and passed on unanimous vote.
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4. LIQUOR LICENSE PUBLIC HEARINGS
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A.
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Consideration of Liquor
License Application: Michael Basha, “Bashas’ #67”, 1000 N. Humphreys
Blvd., #112, Series 09, Location Transfer.
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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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(1)
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Forward the application to the State with a recommendation for
approval;
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(2)
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Forward the application to the State with no recommendation; or
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(3)
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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 White moved to open the public hearing, seconded by
Councilmember Overton. The motion passed on unanimous vote.
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Police Sergeant Matt Wright conducted the background investigation.
There have been no violations or arrests and he found no reason to oppose the
application.
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Bashas’ representative, Brian Thomason, store director, stated that
Bashas’ has been a good neighbor at the location and that they have had no
violations.
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There being no further public input, Councilmember Overton moved to
close the public hearing. The motion was seconded by Councilmember Overton
and passed on unanimous vote.
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Councilmember Babbott moved to forward the application to the State
with a recommendation for approval, seconded by Councilmember White. The
vote was unanimous in favor.
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B.
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Consideration of Liquor License Application: Clare Hollie Abel, “Sam’s Club #6604,” 1851
East Butler Ave., Series 09, Supplemental Sampling Privileges.
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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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(1)
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Forward the application to the State with a recommendation for
approval;
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(2)
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Forward the application to the State with no recommendation; or
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(3)
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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 White moved to open the pubic hearing, seconded by
Councilmember Evans. The motion passed unanimously.
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Police Sergeant Matt Wright performed the background investigation and
found nothing derogatory to report. Sam’s has guidelines for sampling and a very
strict process for anyone who wants to conduct a sampling. It is also a
membership only club and everyone would have to be checked for age, signature
on sampling forms, stamping of hands to make sure no one is participating more
than once and that all samples are being accurately poured. He found no
reason to disapprove the application.
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Clare Abel, applicant agent, explained that patrons who are not members
must check in at the front counter and get a temporary membership by
providing identification. An area that is closed to the general public is
set aside. Anyone who wants to sample must enter a closed off area, leave their
cart and food outside, prove that they are 21 or older. Acceptable
additional photo identification must be provided and the person has to sign a
form with personal information. Their hands are stamped and their names are
entered into a log. No chairs are provided. Patrons are allowed to sample
and must dispose of the cup in the sampling area, but they are not given a lot
of samples. The procedures are tried and true.
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There being no further public comment, Councilmember Overton moved to
close the public hearing. The motion was seconded by Councilmember White and
the vote was unanimous in favor.
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Councimember Babbott moved to forward the application the state with a
recommendation for approval, seconded by Councilmember White. The vote was
unanimous in favor.
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5. CONSENT ITEMS
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A.
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Consideration of Bids:
Energy efficiency and renewable energy program advocate.
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RECOMMENDED ACTION:
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Reject all proposals received and authorize the request for proposals
to be re-advertised.
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B.
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Consideration of Acceptance of Grant Funding: Fiscal Year 2010 Homeland Security grant
program.
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RECOMMENDED ACTION:
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Authorize acceptance of grant funds from the Arizona Department of
Homeland Security in the amount of $89,700.00 for the Flagstaff interoperable
radio communications system expansion.
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C.
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Consideration of Grant Agreement: Patrol motorcycles.
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RECOMMENDED ACTION:
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Approve the grant agreement with the Arizona Governor’s Office of
Highway Safety in the amount of $60,467.40 for the purchase and equipping of
two patrol motorcycles.
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D.
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Consideration of Intergovernmental Agreement: Public safety activities.
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RECOMMENDED ACTION:
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Approve the intergovernmental agreement with the Governor’s Office of
Economic Recovery in the amount of $99,99 9.00.
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E.
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Consideration of Amended Intergovernmental Agreement: Workforce
development.
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RECOMMENDED ACTION:
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Approved the Amended Intergovernmental Agreement with Coconino County.
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F.
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Consideration of Amendment to Service Agreement: Residential energy retrofits.
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RECOMMENDED ACTION:
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Approve the amendment to the service agreement with Hope Construction
increasing the amount by $56,651.66 for a total of $382,901.00.
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G.
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Consideration of Amendment to Service Agreement: Residential energy retrofits.
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RECOMMENDED ACTION:
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Approve the amendment to the agreement with Peterson LLC increasing
the amount by $18,825.62, for a total of $100,325.62.
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Councilmember White declared a conflict, removed himself from the
dais, and did not participae in the motion, second, or vote.
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Councilmember Evans moved to accept the recommended action. The
motion was seconded by Councilmember Brewster and passed on unanimous vote.
Councilmember White was excused from the vote due to a conflict of interest.
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H.
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Consideration of Service Agreement: Energy retrofit services quality assurance.
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RECOMMENDED ACTION:
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Approve the Joint Agreement with the Northern Arizona Council of
Governments in the amount of $12,500.00.
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I.
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Consideration of
Designation of Applicant Agent and Primary Point of Contact: Arizona
Division of Emergency Management and Public Assistance Program funds.
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RECOMMENDED ACTION:
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Appoint Barbara Goodrich,
Management Services Director, as the Designated Applicant Agent; and Stacey
Brechler-Knaggs, Grants Manager, as the Primary Point of Contact.
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Councilmember Brewster moved to
approve the Consent Calendar with the exception of Item G. The motion was
seconded by Councilmember White and passed on unanimous vote.
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6. ROUTINE ITEMS
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A.
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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 2-19, Historic
Preservation Commission, to Heritage Preservation Commission; amending
various sections of Chapter 2-19, Heritage Preservation Commission; and
declaring an effective date.
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RECOMMENDED ACTION:
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Read Ordinance No. 2010-35 for the final time by title only.
Adopt Ordinance No. 2010-35.
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Councilmember White returned to the dais.
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Councimember Overton moved to read Ordinance No. 2010-35 for the final
time by title only, seconded by Councilmember Evans. The motion passed on
unanimous vote and title was read as follows:
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Ordinance No. 2010-35
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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.
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Councilmember White moved to adopt Ordinance No. 2010-35, seconded by
Councilmember Babbott. The vote was unanimous in favor.
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B.
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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
Subdivisions” 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.
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RECOMMENDED ACTION:
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Read Ordinance No. 2010-36 for the final time by title only.
Adopt Ordinance No. 2010-36.
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Councilmember Brewster moved to read Ordinance No. 2010-36 for the
final 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. 2010-36
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An ordinance amending the Flagstaff City Code by adopting that certain
document known as “Title 11, General Plans and Subdivisions” 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.
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Councilmember White moved to adopt Ordinance No. 2010-36, seconded by
Councilmember Brewster. The vote was unanimous in favor.
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C.
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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.
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RECOMMENDED ACTION:
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Read Ordinance No. 2010-37 for the final time by title only.
Adopt Ordinance No. 2010-37.
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Councilmember White moved to read Ordinance No. 2010-37 for the final
time by tite only, seconded by Councilmemer Evans. The motion passed on
unanimous vote and title was read as follows:
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Ordinance No. 2010-37
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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.
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Upon motion to adopt Ordinance No. 2010-37 by Councilmember White and
second by Councilmember Brewster, the motion passed unanimously.
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D.
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Consideration of Resolution No. 2010-69: A resolution of the Mayor and Council of the
City of Flagstaff, Coconino County, Arizona, declaring official and adopting
the results of the Special Bond Authorization Election held on November 2,
2010.
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RECOMMENDED ACTION:
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Read Resolution No. 2010-69 by title only.
Adopt Resolution No. 2010-69.
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Councilmember White moved to read Resolution No. 2010-69 with the
following amendments:
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SECTION 1. That the total
number of ballots cast at said Special Bond Authorization Election, as shown
by the poll lists, was 29,068.
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SECTION
2. That the following results of the November 2, 2010 Special Bond
Authorization Election are hereby declared official:
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PROPOSITIONS
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Proposition 400
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Yes
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6,139
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37.42%
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No
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10,267
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62.58%
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Total Votes Cast
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16,406
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100.00%
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Proposition 401
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Yes
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6,895
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42.28%
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No
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9,414
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57.72%
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Total Votes Cast
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16,309
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100.00%
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Proposition 402
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Yes
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9,822
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59.68%
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No
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6,636
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40.32%
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Total Votes Cast
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16,458
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100.00%
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Proposition 403
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Yes
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10,978
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66.12%
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No
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5,624
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33.88%
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Total Votes Cast
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16,602
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100.00%
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TOTAL REGISTERED VOTERS
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29,068
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TOTAL VOTES CAST:
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17,874
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TURNOUT:
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61.50%
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Councilmember Brewster seconded the motion which passed on unanimous
vote and title was read as follows:
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Resolution No. 2010-69
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A resolution of the Mayor and Council of the City of Flagstaff,
Coconino County, Arizona, declaring official and adopting the results of the
Special Bond Authorization Election held on November 2, 2010.
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Councilmember White moved for adoption. The motion was seconded by
Councilmember Brewster and the vote was unanimous in favor.
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7. RECESS
The meeting recessed at 12:29 p.m.
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RECONVENE
The meeting reconvened at 5:30 p.m. and Mayor Presler called the
meeting back to order.
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8. PLEDGE OF ALLEGIANCE, INVOCATION, AND VISION STATEMENT
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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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9. ROLL CALL
On roll call the following were present:
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Mayor Presler
Vice Mayor Barotz
Councilmember Babbott
Councilmember Brewster
Councilmember Evans
Councilmember Overton
Councilmember White
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Also present were:
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Kevin Burke, City Manager
Rosemary Rosales, City Attorney
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10. APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
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A.
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Consideration of Minutes: Regular Council Meeting of November 2, 2010.
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RECOMMENDED ACTION:
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Approve the Minutes as submitted/corrected.
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Councilmember Brewster moved to approve the Minutes as submitted,
seconded by Councilmember Babbott. The motion passed on unanimous vote.
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11. PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING
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BOARD AND COMMISSION MEMBERS
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Mayor Presler announced the wearing of pink t-shirts as breast cancer
recognition for flagstaff families and women.
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Mayor Presler introduced the Collingwood Football Club from Australia
and read a proclamation in their honor.
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Coach Mick Malthouse explained that the genesis of the team’s success
can be traced back to the High Altitude Training Center where the team has
trained; and he thanked the Mayor for the proclamation.
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Mayor Presler acknowledged Eric Jenssen’s presence on behalf of the
Flagstaff Sister Cities committee.
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Andy Fernandez complained about his treatment at public participation,
scheduling noon meetings, change orders, bids, video quality, cutting off the
video cameras, and transparency in government.
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12. CARRY OVER ITEMS FROM THE 12:00 NOON AGENDA
None.
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13. PUBLIC HEARING ITEMS
No items were submitted.
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14. REGULAR AGENDA
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A.
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Consideration of Resolution No. 2010-71: A resolution of the Mayor and City Council of
Flagstaff, Arizona, approving an intergovernmental agreement between the City
of Flagstaff, Northern Arizona University (“NAU”), and the Northern Arizona
Intergovernmental Public Transit Authority (“NAIPTA”) for transit service
between the downtown area and the Woodlands Village area through and within
the Northern Arizona University Campus.
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RECOMMENDED ACTION:
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Read Resolution No. 2010-71 by title only.
Adopt Resolution No. 2010-71.
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Councilmember White moved to read Resolution No. 2010-71 by title ony,
seconded by Councilmember Brewster.
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Andy Fernandez suggested tabling the matter until he can provide more
information to the Council.
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Andrew Gardner expressed concern on mitigation of additional bus traffic
going through the NAU campus.
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Jeff Mielbeck explained that the buses will operate on a fixed route.
Noise concerns should be addressed with the hydroelectric buses which are
considerably lighter than diesel buses. Mountain Links will assist off campus
residents in getting on campus. In terms of students parking off campus, the
Northern Arizona Intergovernmental Public Transit Authority did not do a
parking study.
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Speaking with the NAU President would be a good place to start
addressing neighborhood parking, ambulance access, and firetruck access.
There are also three tools to address neighborhood parking: (1) point of
origin to point of destination connecting to the neighborhood and the Phoenix
parking lot; (2) more supply; and (3) revisiting the use of parking meters.
Other opportunities for park and ride would have to be explored.
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Minor seasonal adjustments could be made to the intergovernmental
agreement but they aren’t anticipated. After the minimum route availability
is established, the hope is to increase service.
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Mr. Mielbeck agreed to provide further information on trip
displacement for the target population. He is bringing in new resources that
don’t displace other service needs. If the economy continues to deteriorate,
other options will be evaluated. Federal funding looks solid. The NAIPTA
board considers the route to be a priority and of value to all partners.
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Noting that the intergovernmental agreement as amended by the City
Attorney’s Office and handed out at the dais was the version to be approved,
the motion to read passed on unanimous vote and title was read as follows:
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Resolution No. 2010-71
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A resolution of the Mayor and City Council of Flagstaff, Arizona,
approving an intergovernmental agreement between the City of Flagstaff,
Northern Arizona University (“NAU”), and the Northern Arizona
Intergovernmental Public Transit Authority (“NAIPTA”) for transit service
between the downtown area and the Woodlands Village area through and within
the Northern Arizona University Campus.
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Councilmember White moved for adoption, seconded by Councilmember
Babbott. The motion passed on unanimous vote.
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15. DISCUSSION ITEMS
No items were submitted.
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16. PUBLIC PARTICIPATION
None
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17. INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF,
REQUESTS
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FOR FUTURE AGENDA ITEMS
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Councilmember White requested that work session time be set aside to
address the re-districting process with Representative Chabin.
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Councilmember Evans requested:
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·
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A meeting with Representative Chabin to discuss property improvement
districts.
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·
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A work session discussion with the Game and Fish to talk about Walnut
Canyon.
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The Council did not object to waiting until federal discussions to
initiate discussions about Walnut Canyon.
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As to a Washington, D.C., lobbying trip, it will depend on
Congressional budget action during the lame duck session. Four members of
the Council have expressed interest in attending and updated travel budget
information will be provided. In the meantime, Councilmember White will
continue his lobbying efforts in Phoenix.
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