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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

February 15, 2011

12:00 p.m.

A meeting of the Flagstaff City Council was held on Tuesday, February 15, 2011 convening at 12:02 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

 

A.

Consideration of Applicants for Appointments:  Sustainability 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 October, 2013.

 

Councilmember Brewster moved to appoint Kimberly Lucy to a term on the Sustainability Commission expiring October, 2013.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

4.         LIQUOR LICENSE PUBLIC HEARINGS

 

A.

Consideration and Action on Liquor License Application:  Glenn Kvidahl, ?1899 Restaurant?, 307 W.  Dupont Drive, Series 05, 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.

 

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

 

Police Lieutenant Walt Miller reported on the background investigation of the application, relating that no negative information was developed, and, thus, the finding of no reason to oppose.

 

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.  Councilmember Brewster seconded the motion which passed on unanimous vote.

 

B.

Consideration and Action on Liquor License Application:  Don Grosvenor, ?Café Pickles? 7 N. San Francisco St., 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.

 

Councilmember Overton moved to open the public hearing, seconded by Councilmember Brewster.  The vote was unanimous in favor.

 

Police Lieutenant Walt Miller identified that the background investigation turned up a 1996 DUI; but, due to the satisfaction of all obligations, the Department recommended approval.

 

Upon motion by Councilmember White and second by Councilmember Overton, the vote was unanimous in favor to close the public hearing.

 

Councilmember White moved to forward the application to the state with a recommendation for approval, seconded by Councilmember Evans.  The motion passed unanimously.

 

C.

Consideration and Action on Liquor License Application:  Ronald Getto, ?Starlite Lanes?, 3406 E. Route 66, Series 6, Person Transfer.

 

 

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 vote was unanimous in favor.

 

Police Lieutenant Walt Miller explained that a background investigation was conducted and no negative information surfaced from the inquiry.  Consequently, there is no recommendation for other than approval.

 

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

 

Councilmember Overton moved to forward the application to the State with a recommendation for approval, seconded by Councilmember Evans.  The motion passed on unanimous vote.

 

5.         CONSENT ITEMS

 

A.

Consideration and Action on Reclaim Water Connection Rebates:  Flagstaff Unified School District and Lone Tree Investment, LLC.

 

 

RECOMMENDED ACTION:

Approved rebate payments to Flagstaff Unified School District in the amount of $2,403.15 and to Lone Tree Investments, LLC, in the amount of $107,495.19.

 

Councilmember Brewster moved to take the recommended action, seconded by Councilmember Babbott.

 

Councilmember Barotz requested a list of water contracts that are renewed administratively.

 

The motion passed on unanimous vote.

B.

Consideration and Action on Construction Contract: East Route 66 streetscape and Flagstaff Urban Trails System improvement project.

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with LP?s Excavating in the total amount of $290,447.56, which includes additive alternative #1 in the amount of $5,752.50, with a 100-calendar day time period and a $20,000.00 contract allowance;

 

 

(2)

Approve change order authority in the amount of $27,045.00 (10% of the bid contract amount, less allowance) for unanticipated additional costs; and

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

Councilmember White moved to accept the recommendation, seconded by Councilmember Evans.

 

Randy Groth, Landscape Architect, and Martin Ince, Multimodal Planner, participated in the discussion.

 

The project will include a concrete trail; stormwater treatments, and driveways.  Trail users will be accommodated through a large driveway that was approved through the variance process.  The truck stop operator was consulted about the design in order to address her concerns along with those of the pedestrians.

 

Pamela Henshell, truck stop operator, commented that she was shown the initial concept in June, but has been talking with staff about landscaping for two years.  She asked for additional time to discuss the details with staff.

 

Changes to the plans would require approval by the Arizona Department of Transportation and take about six weeks to get through the process.  The grant is specific to the project but there should be some flexibility in alignment and location.  Because of difficulties in other locations, the proposed site became the preferred site.

 

Due to factors in timing that were unknown, Councilmember Overton moved to table.  Councilmember Evans seconded the motion which passed on unanimous vote.

 

C.

Consideration and Action on Construction Contract:  Cherry Avenue drainage improvements.

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with Eagle Mountain Construction, Inc., in the amount of $459,434.50;

 

 

(2)

Authorize change order in the amount of $68,915.00 (15%) to cover potential costs associated with unanticipated items of work; and

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

Councilmember Overton moved to accept the recommended action, seconded by Councilmember White.

 

Connor Boyle, Stormwater Project Manager, responded to questions from the Council.  The estimate for the project is $65,000 and could possibly be completed by the Streets Department.  Curb cuts may be difficult due to steep grades and there would be additional cost to the project to lay in underground drainage.

 

Council direction at the budget retreat had been to create a design that would facilitate resale of the property.  An open channel may be preferred for residential development, but given the scope of work, it may be better to simply build it to bear a certain weight.

 

The motion passed on unanimous vote.

 

6.         ROUTINE ITEMS

 

A.

Consideration and Adoption of Ordinance No. 2010-33:  An ordinance of the City Council of the City of Flagstaff amending Flagstaff City Code Title 1, Chapter 14, Personnel System, to adopt revisions of the Flagstaff Employee Handbook of Regulations and provisions regarding the Employee Advisory Committee.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-33 for the final time by title only.

Adopt Ordinance No. 2010-33.

 

Councilmember White moved to read Ordinance No. 2010-33 for the final time by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2010-33

 

 

 

An ordinance of the City Council of the City of Flagstaff amending Flagstaff City Code Title 1, Chapter 14, Personnel System, to adopt revisions of the Flagstaff Employee Handbook of Regulations and provisions regarding the Employee Advisory Committee.

 

 

Councilmember White moved for adoption.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

B.

Consideration and Adoption of Ordinance No. 2011-02:  An ordinance adopting that certain document entitled ?2011 Amendments to the Flagstaff City Code, Chapter 10-08, Signs and Lighting, to Provide Revised Standards for ?The Flagstaff Auto Park District Area of Special Designation?,? and thereby amending Title 10, Land Development Code, of the City Code of the City of Flagstaff by amending Chapter 10-08, Signs and Lighting.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2011-02 for the final time by title only.

Adopt Ordinance No. 2011-02.

 

Councilmember Brewster moved to read Ordinance No. 2011-02 for the final time by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2011-02

 

 

 

An ordinance adopting that certain document entitled ?2011 Amendments to the Flagstaff City Code, Chapter 10-08, Signs and Lighting, to Provide Revised Standards for ?The Flagstaff Auto Park District Area of Special Designation?,? and thereby amending Title 10, Land Development Code, of the City Code of the City of Flagstaff by amending Chapter 10-08, Signs and Lighting.

 

 

Councilmember Brewster moved to adopt Ordinance No. 2011-02..  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

C.

Consideration and Adoption of Resolution No. 2011-07:  A resolution of the Mayor and City Council of the City of Flagstaff, Arizona, approving the transfer of control of the cable television license.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-07 by title only.

Adopt Resolution No. 2011-07.

 

Councilmember White moved to read Resolution No. 2011-07 by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2011-07

 

 

 

A resolution of the Mayor and City Council of the City of Flagstaff, Arizona, approving the transfer of control of the cable television license.

 

 

Councilmember White moved to adopt Resolution No. 2011-07.  The motion was seconded by Councilmember Evans and the vote was unanimous in favor.

 

7.         RECESS

 

The meeting recessed at 12:55 p.m.

 

5:30 P.M. MEETING

 

RECONVENE REGULAR MEETING

 

The meeting reconvened at 5:44 p.m. and Mayor Presler called the meeting back to order.

 

8.      PLEDGE OF ALLEGIANCE, INVOCATION, AND VISION STATEMENT

Mayor Presler 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

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: Special Council Meeting of May 11, 2010, and Regular Councilmember Meeting of February 1, 2011.

 

 

RECOMMENDED ACTION:

Approve the minutes as submitted/corrected.

 

Councilmember Overton moved to approve the minutes as submitted, seconded by Councilmember Babbott.  The motion passed unanimously.

 

11.       PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING

 

BOARD AND COMMISSION MEMBERS

 

Ann Marie Zeller expressed her dissatisfaction with the City?s sale of reclaimed water to Snowbowl and for a Council discussion of the suspension of the 2002 Reclaimed Water Act.

 

Matt Capalby, father of Sophie and John, noted his distress about suicides of young people over sexual orientation and asked the Council to reconsider an ordinance that would protect lesbians, gays, transsexuals, and bi-sexuals.

 

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

 

13.       PUBLIC HEARING ITEMS

 

A.

Consideration of and Action on Public Hearing:  Proposed amendments to City Code Title 10, Land Development Code, to provide for the use of land for registered non-profit medical marijuana dispensaries and the use, sale, growth, and cultivation of medical marijuana.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Councilmember White moved to open the public hearing, seconded by Councilmember Brewster.  The vote was unanimous in favor.

 

Roger Eastman, Zoning Code Administrator was present for the discussion.  Since the voters approved Proposition 203 legalizing medical marijuana, he has been working with other Arizona cities and towns.  Flagstaff?s proposed ordinance is based on other ordinances from around the state while tempering them with Council?s direction for a less restrictive, more positive, and supportive ordinance.  The Planning and Zoning Commission met on January 12 and recommended reduction of buffer limitations to 500 ft. and elimination of buffer zones for religious institutions.

 

As proposed, dispensaries will be limited to 3,000 sq. ft. max with 500 sq. ft. secure storage.  Infusion facilities can occur inside or outside dispensaries and some limited indoor cultivation.   Flagstaff has about 704 commercial properties where dispensaries could be sited; but, if the zoning were removed, the number would be reduced to almost 400 properties.  125 dispensaries throughout the state are needed.  For Flagstaff, it translates to two potential dispensaries, one on the west side and one on the east side.

 

Cultivation locations can be situated in industrial zones with a limitation of 5,000 sq. ft., but infusions would be allowed on the premises, with a 500 buffer zone from to public schools.  There are almost 400 potential growing locations in Flagstaff.  There would be no sale of medical marijuana at an off-site cultivation location.

 

Caregivers will have to be registered with Department of Health Services, can care for up to 5 patients, and may grow 12 plants per patient in their homes.  Qualifying patients have to be registered with the Department, qualify with a debilitating medical condition, and cannot grow plants within a 25-mile radius of a dispensary.  Dispensaries can also be allowed closer to hospitals. 

 

A dispensary can be located within a medical or homeopathic facility, or something similar, so long as the function of the larger facility falls within legal limitations and all sales go through the dispensary.  An infusion facility would require only a small portion of the dispensary area.  As long the facility houses a medical marijuana operation, it must be sold in the dispensary and not in any other portion of the retail establishment.

 

Councilmembers made the following recommendations to be considered in the ordinance, although there was no formal consensus:

 

·    

Doing away with area limitations.

 

·    

Allowing wholesale sales of medical marijuana at cultivation sites.

 

·    

Removing or defining secure disposal of byproducts.

 

·    

Allowing infusion facilities to be part of a cultivation site in addition to dispensaries.

 

·    

Removing size limitation on off-site cultivation area.

 

·    

Making the ordinance more restrictive but removing C-2-E zoning as places where dispensaries and cultivation sites are located.

 

·    

Requiring professional caregivers to be licensed.

 

·    

Requiring businesses to be licensed.

 

·    

Prohibiting drive-through dispensaries.

 

The following speakers addressed the Council:

 

Anthony Garcia

 

Tony Cullum

 

Kerry McCracken

 

Thomas Dean

 

David Grandon

 

Armando Bernesconi

 

Andrew Fontanini

 

Although the above speakers were generally in support of the ordinance, suggestions were made to:

 

·      

Keep the community?s health, wellbeing, and safety in mind.

 

·      

Remove buffer zones.

 

·      

Remove unnecessary regulations.

 

·      

Re-examine the number of locations available for dispensaries

 

·      

Make sure that local regulation is in compliance with state regulation.

 

·      

Remove size limitations on structures.

 

·      

Add sitting rooms for non-licensed family members.

 

·      

Fight the state-proposed lottery system for dispensaries.

 

·      

Employ a mixed-use approach.

 

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

 

B.

Consideration and Adoption of Resolution No. 2011-13:  A resolution designating the document entitled ?2011 Amendments to the Flagstaff City Code, Title 10, Land Development Code; Chapter 10-02; Establishment of Zoning Districts, Chapter 10-03, Use Regulations; and Chapter 10-14, Definitions, to provide for the use of land for registered nonprofit medical marijuana dispensaries and the growth, cultivation , and use of medical marijuana? as a public record.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-13 by title only.

Adopt Resolution No. 2011-13.

 

Councilmember White moved to read Resolution No. 2011-13 by title only, seconded by Councilmember Brewster.

 

Mayor Presler moved to recess into Executive Session, seconded by Councilmember Overton.  The motion passed on majority vote with Mayor Presler, Vice-Mayor Barotz, and Councilmembers Brewster, Evans, Overton, and White voting in favor, and Councilmember Babbott voting against.

 

Upon return from Executive Session, Councilmember Overton moved to amend the public record to remove C-2-E zoning from Section 10-02-005-0013.  C-2-E Community Commercial District Established, seconded by Councilmember Evans.  The motion passed on majority vote with Vice-Mayor Barotz and Councilmembers Brewster, Evans, and Overton voting in favor, and Mayor Presler, and Councilmembers Babbott and White opposed.

 

Councilmember White moved to eliminate area limitations, seconded by Councilmember Evans.  The motion passed on majority vote with Mayor Presler, Vice-Mayor Barotz, and Councilmembers Babbott, Brewster, Evans, and White voting in favor, and Councilmember Overton opposed.

 

A decision on adding a section to provide for business licensing was deferred.

 

Vice-Mayor Barotz moved to amend Section 10-03-006-0001, Detailed Use Regulations, AA Medical Marijuana, Subsection (5) to say:  ?A medical marijuana infusion facility shall be permitted with a medical marijuana dispensary and the offsite cultivation location in industrial zones.?  The motion was seconded by Councilmember White and passed on unanimous vote.

Vice-Mayor Barotz moved to amend Section 10-03-006-0001, Detailed Use Regulations, AA Medical Marijuana, Subsection (5) to add a new subparagraph (i):  ?dispose of marijuana remnants and byproducts in accordance with state and local regulations?. The motion was seconded by Councilmember White and passed on unanimous vote.

 

The main motion passed on unanimous roll call vote as follows:

 

Councilmember Babbott

Aye

 

Mayor Presler

Aye

 

Vice-Mayor Barotz

Aye

 

Councilmember Brewster

Aye

 

Councilmember Evans

Aye

 

Councilmember Overton

Aye

 

Councilmember White

Aye

 

Title was read as follows:

 

 

Resolution No. 2011-13

 

 

 

A resolution designating the document entitled ?2011 Amendments to the Flagstaff City Code, Title 10, Land Development Code; Chapter 10-02; Establishment of Zoning Districts, Chapter 10-03, Use Regulations; and Chapter 10-14, Definitions, to provide for the use of land for registered nonprofit medical marijuana dispensaries and the growth, cultivation , and use of medical marijuana? as a public record.

 

 

Councilmember White moved to adopt Resolution No. 2011-13.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

C.

Consideration and Possible Adoption of Ordinance No. 2011-03:  An ordinance of the City of Flagstaff adopting the ?2011 Amendments to the Flagstaff City Code, Title 10, Land Development Code, Chapter 10-02, Establishment of Zoning Districts; Chapter 10-03, Use Regulations; and Chapter 10-14, Definitions, to Provide for the Use of Land for Registered Non-profit Medical Marijuana Dispensaries and the Growth, Cultivation and Use of Medical Marijuana? thereby amending Title 10, Land Development Code, Section 10-02-005-0013, C-2-E, Community Commercial District Established; Section 10-02-005-0018, I-1-E, Restricted Industrial District Established; Section 10-03-001-0003, Table of Permitted Uses; Section 10-03-006-0001, Detailed Use Regulations; and Division 10-14-004, Definitions, to provide for the use of land for registered nonprofit medical marijuana dispensaries and the growth, cultivation, and use of medical marijuana; and declaring an emergency.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2011-03 for the first time by title only.

 

Councilmember White moved to read Ordinance No. 2011-13 for the first time by title only, seconded by Councilmember Evans.

 

Councilmember Overton asked that the ordinance be revisited should the Arizona Department of Health Services make substantial changes to their regulations.

 

The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2011-03

 

 

 

An ordinance of the City of Flagstaff adopting the ?2011 Amendments to the Flagstaff City Code, Title 10, Land Development Code, Chapter 10-02, Establishment of Zoning Districts; Chapter 10-03, Use Regulations; and Chapter 10-14, Definitions, to Provide for the Use of Land for Registered Non-profit Medical Marijuana Dispensaries and the Growth, Cultivation and Use of Medical Marijuana? thereby amending Title 10, Land Development Code, Section 10-02-005-0013, C-2-E, Community Commercial District Established; Section 10-02-005-0018, I-1-E, Restricted Industrial District Established; Section 10-03-001-0003, Table of Permitted Uses; Section 10-03-006-0001, Detailed Use Regulations; and Division 10-14-004, Definitions, to provide for the use of land for registered nonprofit medical marijuana dispensaries and the growth, cultivation, and use of medical marijuana; and declaring an emergency.

 

 

Councilmember White moved to consider the reading of Ordinance No. 2011-03 for the final time by title only, seconded by Councilmember Evans.  The vote was unanimous in favor.

 

Councilmember White moved to read Ordinance No. 2011-03 for the final time by title only, seconded by Councilmember Evans.  The motion passed on majority vote with Vice-Mayor Barotz and Councilmembers Babbott, Brewster, Evans, and White voting in favor, and Mayor Presler and Councilmember Overton voting against.

 

Following the reading of Ordinance No. 2011-03 for the final time by title only, Councilmember White moved to adopt, seconded by Councilmember Evans.  The motion passed on majority vote with Vice-Mayor Barotz and Councilmembers Babbott, Brewster, Evans, and White voting in favor, and Mayor Presler and Councilmember Overton voting against.

 

14.       REGULAR AGENDA

 

A.

Consideration of and Action on Purchase under the Strategic Alliance for Volume Expenditures (S.A.V.E.) Contract:  Well drilling for the Flagstaff shallow wells project at Red Gap Ranch.

 

 

RECOMMENDED ACTION:

(1)

Approve the purchase of services from Layne Christensen Company under the S.A.V.E. contract in the amount of $1,551.160.00, plus change order authority in the amount of $232,674.00 (15%) to cover potential costs associated with unanticipated items of work; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

Randy Pellatz, Brad Hill, and Barbara Goodrich provided input to the Council discussion.

 

The wells would be purchased under a 2004 bond issue for $15 million.  Red Gap Ranch and its wells were purchased for $7.9 million.  The purchase included 8,500 acres of deeded land and 15,000 acres of state land.  Buying the property didn?t confer water rights on the city and subsequent action was required to obtain the rights.  The City currently uses 11,000 acre feet of water per year from existing sources. The Regional Plan identifies that 12,000 ? 16,000 acre feet per year is needed at full buildout.  In 2008 a pipeline feasibility study was initiated and, in 2009, The City applied to the State for water designation which was received on January 7, 2011.  The designation affords 16,500 acre feet of water per year at Red Gap.  The letter of designation gave the right to that amount under state law to the City.  The next logical step is to drill wells which will secure the continued reasonable use of groundwater rights and infrastructure providing further security for the use of that water.  The environment in which the City is working is fluctuating and uncertain.  This area is subject to settlement talks and has been for the last 15 years.  The Central Arizona Project is looking for more water to add to their system.  Senator Kyle announced his retirement last week and he has been a strong advocate for water rights issues in Arizona.  This announcement also creates uncertainty and fluctuation.  Therefore, it is important to go forward with the next step.  Before money is spent on a pipeline, it is important to make sure there is a good source of water. 

 

Drilling the wells does not diminish the City?s commitment to conservation, but future demand for water cannot be met by conservation alone.  Water resource development must continue.  The value of the wells is also recoverable in the event the ranch is sold in the future.

 

There is no current agreement with the Navajo with regard to water allocation or drilling.  In fact, the City is already in litigation with the Navajo Nation.  Legal disputes are constantly evolving as is the nature of water disputes in the West.  There will, however, be more legal and political hurdles associated with drilling at Red Gap.

 

The contract is for the drilling of six wells at Red Gap Ranch with each well to have 16? casings, a depth of 100 ft. below water table, and an open hole 40 ft. below that.  Pumping will identify hydrologic interconnectivity of the wells across the ranch and will help define costs and any other land acquisition that may be needed.  It is important to identify fatal flaws now.  The City already has an investment of $11 million in the ranch.

 

Red Gap was chosen for water because it is the closest source of supply available to Flagstaff.  To the north, water levels get deeper and saltier.  To the west, the water is much deeper, there are no proven quantities, and it would take a tremendous amount of power to bring it up.  The western area also falls into a different drainage basin which has legal implications.  The Forest Service is to the south of Flagstaff and the Forest Service won?t allow the City to drill.  Consequently, the City had to look to the east and Red Gap was the closest to Flagstaff.

 

The full cost for drilling the wells will be $1,783.834 and come out of bond funds for the voter approved questions for water wells and future acquisition.

 

Groundwater drilling is permitted and the water may be conveyed to Flagstaff.  However, pumping at Red Gap is subject to Federal reserve water rights.  The three wells previously drilled have provided preliminary hydrologic information which was required by state law in order to submit a groundwater flow model.  That and other models indicate that the groundwater is available.  Drilling additional wells will confirm the physical availability of water throughout the breadth of the ranch.

 

The City?s rights to water are being adjudicated in the Little Colorado River Adjudication.  In conjunction with that litigation, the City is engaging not only with the Northern Arizona water users group, but also in the Western Navajo pipeline, and with Valley water users.  Those projects, however, haven?t come to fruition, and the wells will keep the City?s options open until viable options open up.  Red Gap is in the feasibility stage and the Western Navajo Pipeline is entering the feasibility stage.  When completed, the Council will have sufficient information to make a decision.  The act of drilling wells is distinctive from active pumping; and, beyond the hydrologic testing, there will be no large scale pumping without a large scale project to deliver it that would require voter approval and Council approval.

 

The City?s existing wellfields are declining.  Lake Mary wells have seen 200 ft. declines in water levels and Woody Mountain, 25-30 ft. declines.  Data supports the finding of overdrafting existing wells, although it has to be proved.  A local aquifer study is under way and the United States Geological Survey will be modeling the Flagstaff area.  Once completed, the City can use that model, but it is anticipated that the study will show the expected drawdown.  If the City experiences three dry winters, particularly with the past two dry winters, Lake Mary will go dry.  The Inner Basin is unavailable and a third dry year would make it difficult to meet demand with existing wells.  There have been several times in the last 20 years that the community has been on the edge. 

 

The best guess is that the Red Gap wells will pump 750 gallons per minute.  The three existing  wells and six new wells are expected to produce about 9,000 acre feet per year.  More wells would be needed for 16,000 acre feet.

 

Because there is remaining authorization on the $15 million bond question, the City has issued authority for the remaining capacity.  The cost will be paid through bond proceeds first with debt to be repaid over the next 20 years at an expected interest rate of about 3%.  Water well production and acquisition funds are earmarked for wells.  Savings on operating expenses and other programs, and Utilities contingency will be put toward the other four projects.  The wells won?t take money away from the other projects.

 

The following individuals spoke out against the drilling contract:

 

 

Leo Mannheimer, representing the Western portion of the Navajo Nation.

 

Rudy Preston

 

Andy Bessler

 

The motion passed on majority vote with Mayor Presler and Councilmembers Brewster, Overton, and White voting in favor, and Vice-Mayor Barotz and Councilmembers Babbott and Evans opposed.

 

Mayor Presler moved to recess into executive session, seconded by Councilmember Overton.  The motion passed on majority vote with Mayor Presler, Vice-Mayor Barotz, and Councilmembers Brewster, Evans, Overton, and White voting in favor, and Councilmember Babbott opposed.

B.

Consideration and Adoption of Resolution No. 2011-10:  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 the purchase of a public safety/city operations communication system, street/utility improvements, and Red Gap well development.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-10 by title only.

Adopt Resolution No. 2011-10.

 

Following the reconvening of the Council, Vice-Mayor Barotz excused herself from the remainder of the meeting.

 

Councilmember Evans to proceed through the Item 14C and to reschedule the remaining agenda items to the next meeting, seconded by Mayor Presler.  The motion passed on split vote with Mayor Presler and Councilmembers Brewster, Evans, and White voting in favor and Councilmembers Babbott and Overton voting against.

 

Councilmember Overton moved to read Resolution No. 2011-10 by title only, seconded by Councilmember Babbott.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2011-10

 

 

 

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 the purchase of a public safety/city operations communication system, street/utility improvements, and Red Gap well development.

 

 

Councilmember White moved for adoption.  The motion was seconded by Councilmember Evans and passed unanimously.

 

C.

Consideration of Resolution No. 2011-12:  A resolution of City Council of the City of Flagstaff, Arizona, amending Resolution No. 2010-34, establishing a Fiscal Year 2011/2012 Citizens? Budget Task Force, by adding quorum provisions.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-12 by title only.

Adopt Resolution No. 2011-12.

 

Councilmember Evans moved to read Resolution No. 2011-12 by title only, seconded by Councilmember Brewster.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2011-12

 

 

 

A resolution of City Council of the City of Flagstaff, Arizona, amending Resolution No. 2010-34, establishing a Fiscal Year 2011/2012 Citizens? Budget Task Force, by adding quorum provisions.

 

 

Councilmember Evans moved to adopt Resolution No. 2011-12, seconded by Councilmember White.  The vote was unanimous in favor.

 

D.

Consideration and Approval of Amendments to Draft Zoning Code:  Division 10-30.20, Affordable Housing Incentives; Division 10-30.40, Community Benefit Program; Division 10-30.50, Public Improvements; Division 10-30.60, Site Planning Design Standards; and Division 10-30.80, Traditional Neighborhood Community Plans of Chapter 10-30, General to All.

 

 

RECOMMENDED ACTION:

Approve the amendments listed in the staff summary attachment.

 

Rescheduled.

 

15.       DISCUSSION ITEMS

 

A.

Consideration/Discussion:  New procurement language for Requests for Statement of Qualifications (RSOQs).

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

Rescheduled.

 

B.

Consideration/Discussion:  New Zoning Code policy discussion, Division 10-30.70, ?Heritage Preservation?.

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

Rescheduled.

 

16.       PUBLIC PARTICIPATION

 

None.

 

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

 

FOR FUTURE AGENDA ITEMS

 

Mayor Presler asked the City Manager to consult with Councilmembers about the citizen request for gay, lesbian, bi-sexual, and transsexual protection.

 

Councilmember Evans followed up with a request for the previous affirmation resolution and a memo about what is being done to work in that direction.

 

18.     ADJOURNMENT

 

There being no further business to come before the Council, the meeting was adjourned at 11:15 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 15, 2011.  I further certifty that the Meeting was duly called and held and that a quorum was present.

 

DATED this 2nd day of March, 2011.

 

 

 

 

CITY CLERK