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NOTE:

IN ACCORDANCE WITH PROVISIONS OF THE ARIZONA REVISED STATUTES AND THE FLAGSTAFF CITY CHARTER THE SUMMARIZED MINUTES OF CITY COUNCIL MEETINGS ARE NOT VERBATIM TRANSCRIPTS.  ONLY THE ACTIONS TAKEN AND DISCUSSION APPEARING WITH QUOTATION MARKS ARE VERBATIM.  AUDIO RECORDINGS OF CITY COUNCIL MEETINGS ARE ON FILE IN THE CITY CLERK?S OFFICE.

 

 

SUMMARIZED MINUTES

COUNCIL MEETING

August 3, 2010

5:30 p.m.

 

 

A meeting of the Flagstaff City Council was held on August 3, 2010 convening at 6:02 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.      PLEDGE OF ALLEGIANCE, READING OF THE VISION STATEMENT, AND          INVOCATION

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

 

 

2.      ROLL CALL

On roll call, the following were present:

 

 

 

Mayor Presler

Vice Mayor Barotz

Councilmember Babbott

Councilmember Brewster

Councilmember Evans

Councilmember Overton

Councilmember White

 

 

 

Also present were:

 

 

City Manager, Kevin Burke

City Attorney, Patricia Boomsma

 

3.      APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

 

No minutes were submitted.

 

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

 

Joe Farnsworth spoke about his concerns for the Humane Society.

 

Roger Eastman gave a progress report regarding the Zoning Code update.

Stephanie Smith spoke about the Annual Sustainability Report.

 

Andy Fernandez spoke about contractual items.

 

5.      CONSENT AGENDA

A.

Consideration of Acceptance of Grant Funds and Entry into Grant Agreement:  Residential energy efficiency program.

 

RECOMMENDED ACTION:

(1)

Authorize acceptance of grants funds in the amount of $170,000.00;

 

 

(2)

Approve the grant agreement with Living Cities; and

 

 

(3)

Authorize the City Manager to sign the necessary documents.

 

Councilmember Babbott moved to approve the Consent Agenda.  The motion was seconded by Councilmember Evans.  The motion passed on unanimous vote.

 

6.     PUBLIC HEARING ITEMS

No items were submitted.

 

7.      REGULAR AGENDA

A.

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

 

RECOMMENDED ACTION:

Make Council liaison appointments to the City?s Boards and Commissions, Coconino County boards and councils, and various community boards and councils.

 

The consensus of the Council was to appoint Council liaisons only to the boards and commissions that require Council membership by statute, ordinance, or intergovernmental agreement.

 

Councilmember Evans moved to recess into executive session.

 

There being no immediate second to the motion, Council continued the discussion.

 

Councilmember Evans withdrew the motion.

 

City Manager, Kevin Burke, was directed to determine which boards and commissions legally require Councilmember membership and distribute the list to Council prior to the next meeting.

 

Councilmember White moved to table this item until the August 17, 2010 meeting.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

B.

Consideration of Applicants for Appointments:  Regional Plan Update Citizens Advisory Committee.  [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A) (1).  The names of the applicants may be obtained by contacting the City Clerk.]

 

RECOMMENDED ACTION:

Make two appointments to alternate terms.

Councilmember Brewster moved to appoint Julie Leid as an alternate to the Regional Plan Update Citizens Advisory Committee.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

Councilmember Evans moved to appoint Patricia Rensink as an alternate to the Regional Plan Update Citizens Advisory Committee.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

C.

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

(1)

Make one citizen appointment from the City of Flagstaff service area to the Transit Advisory committee;

 

 

(2)

Or in the alternative, permanently delegate authority for the Flagstaff area citizen appointment to the two City Council NAIPTA Board member representatives.

 

Councilmember Brewster moved to appoint John McGregar as the citizen appointment to the Transit Advisory Committee of the Northern Arizona Intergovernmental Public Transit Authority.  The motion was seconded by Councilmember White.

 

Andy Fernandez spoke about route maps and his intention to submit a letter of intent for this appointment.

 

The motion passed unanimously and will be forwarded to the Northern Arizona Intergovernmental Public Transit Authority for consideration.

 

D.

Consideration of Applicants for Appointments:  Beautification and Public Art 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 six appointments as outlined in the staff summary report.

 

This item was withdrawn from the agenda and rescheduled to the August 17, 2010 meeting.

 

E.

Consideration of Applicants for Appointments:  Historic Preservation 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 partial at-large term expiring December, 2011; one appointment to an at large term expiring December, 2012; one appointment to a professional term expiring December, 2012; and one appointment to an historic property owner term expiring December, 2012.

 

This item was withdrawn from the agenda and rescheduled to the August 17, 2010 meeting.

F.

Consideration of Ordinance No. 2010-04:  An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0017, Water Flowing upon Streets.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-04 for the first time by title only.

 

Councilmember White moved to read Ordinance No. 2010-04 for the first time by title only.  The motion was seconded by Councilmember Evans.  The motion was passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2010-04

 

 

 

An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0017, Water Flowing upon Streets

 

 

G.

Consideration of Ordinance No. 2010-09:  An ordinance amending Title 1, Administration, Chapter 1-15, Municipal Court, by adding Sections 1-15-001-0011, Civil Enforcement Procedures.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-09 for the first time by title only.

 

Councilmember Overton moved to read Ordinance No. 2010-09 for the first time by title only,  Councilmember Babbott seconded.  The motion passed unanimously and title was read as follows:

 

 

Ordinance No. 2010-09

 

 

 

An ordinance amending Title 1, Administration, Chapter 1-15, Municipal Court, by adding Sections 1-15-001-0011, Civil Enforcement Procedures.

 

 

H.

Consideration of Ordinance No. 2010-13:  An ordinance amending Title 1, Chapter 1-24, ?Insurance? by revising procedures relating to administration of the Self-Insurance Trust Fund.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-13 for the first time by title only.

 

Councilmember Babbott moved to read Ordinance 2010-13 for the first time by title only.  Councilmember Brewster seconded the motion which passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2010-13

 

 

 

An ordinance amending Title 1, Chapter 1-24, ?Insurance? by revising procedures relating to administration of the Self-Insurance Trust Fund.

 

 

Councilmember White moved to read Ordinance 2010-13 for the second time.  There was no second to the motion.

 

I.

Consideration of Ordinance No. 2010-22:  An ordinance transferring Flagstaff City Code Sections 9-02-001-0015, Damage to Sidewalks, 9-02-001-0019, Unnecessary Vehicle Noise, and 9-02-001-0020, Restriction of Trucks and Heavy Vehicular Traffic, to Chapter 9-01, Traffic Code; renumbering and renaming 9-02-001-0015, Damage to Sidewalks, as 9-01-001-0009, Repairing Vehicles on Sidewalks Prohibited, renumbering 9-02-001-0019, Unnecessary Vehicle Noise, as 9-01-001-0010, Unnecessary Vehicle Noise, and 9-02-001-0020, Restriction of Trucks and Heavy Vehicular Traffic, as 9-01-001-0011, Restriction of Trucks and Heavy Vehicular Traffic; and repealing Chapter 9-02, Miscellaneous Traffic Regulations.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-22 for the first time by title only.

 

Councilmember Overton moved to read Ordinance 2010-22 for the first time by title only.  The motion was seconded by Councilmember Babbott.  The motion passed unanimously and title was read as follows:

 

 

Ordinance No. 2010-22

 

 

 

An ordinance transferring Flagstaff City Code Sections 9-02-001-0015, Damage to Sidewalks, 9-02-001-0019, Unnecessary Vehicle Noise, and 9-02-001-0020, Restriction of Trucks and Heavy Vehicular Traffic, to Chapter 9-01, Traffic Code; renumbering and renaming 9-02-001-0015, Damage to Sidewalks, as 9-01-001-0009, Repairing Vehicles on Sidewalks Prohibited, renumbering 9-02-001-0019, Unnecessary Vehicle Noise, as 9-01-001-0010, Unnecessary Vehicle Noise, and 9-02-001-0020, Restriction of Trucks and Heavy Vehicular Traffic, as 9-01-001-0011, Restriction of Trucks and Heavy Vehicular Traffic; and repealing Chapter 9-02, Miscellaneous Traffic Regulations.

 

 

J.

Consideration of Resolution No. 2010-52:  A resolution approving an agreement for Waiver of Claims for Diminution in Value of Property applicable to Property located at 3100 and 3101 North Fort Valley Road.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-52 by title only.

Adopt Resolution No. 2010-52.

 

Councilmember Babbott moved to read Ordinance No. 2010-52 by title only, seconded by Councilmember Brewster.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2010-52

 

 

 

A resolution approving an agreement for Waiver of Claims for Diminution in Value of Property applicable to Property located at 3100 and 3101 North Fort Valley Road.

 

 

Councilmember Overton moved to adopt Resolution 2010-52.  Councilmember Evans seconded the motion which passed on unanimous vote.

 

K.

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

 

 

RECOMMENDED ACTION:

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

Adopt Ordinance No. 2010-24.

 

Councilmember Babbott moved to read Ordinance No. 2010-24 by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2010-24

 

 

 

An ordinance rezoning approximately 60 acres of land located at 3100 and 3101 North Fort Valley Road by adding a Landmarks Design Review Overlay District Designation (?LDRO?) to the existing Public Lands Open Space District-Established Zoning Classification (?PLO-E?).

 

 

Councilmember White moved to adopt Ordinance No. 2010-24.  Councilmember Evans seconded the motion and the motion passed unanimously.

 

L.

Consideration of Resolution No. 2010-49:  A resolution of the City Council of the City of Flagstaff authorizing signatures for checks and payment vouchers.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-49 by title only.

Adopt Resolution No. 2010-49.

 

Councilmember White moved to read Resolution No. 2010-49 by title only, seconded on  Councilmember Brewster.  The motion passed unanimously and title was read as follows:

 

 

 

Resolution No. 2010-49

 

 

 

A resolution of the City Council of the City of Flagstaff authorizing signatures for checks and payment vouchers.

 

 

Councilmember Overton moved to adopt ordinance 2010-49.  Councilmember White moved to second the motion, which passed on unanimous vote.

 

M.

Consideration of Resolution No. 2010-54:  A resolution authorizing the submission of a grant application for an Arizona Department of Transportation Enhancement Program Grant for the Fourth Street FUTS Trail and authorizing acceptance upon award of the grant.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-54 by title only.

Adopt Resolution No. 2010-54.

 

Councilmember Evans moved to read Resolution 2010-54 by title only, seconded by Councilmember White.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2010-54

 

 

 

A resolution authorizing the submission of a grant application for an Arizona Department of Transportation Enhancement Program Grant for the Fourth Street FUTS Trail and authorizing acceptance upon award of the grant.

 

 

Councilmember Evans moved to adopt Ordinance 2010-54.  The motion was seconded by Councilmember Babbott and passed on unanimous vote.

 

8.      DISCUSSION ITEMS

 

A.

Consideration of Citizen Petition:  A request for reconsideration of Resolution No. 2010-30 authorizing a legal challenge to SB 1070.

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

Scott Myers stated his position against Resolution No. 2010-30.

 

Councilmember Babbott moved to open the discussion.  Having no second, there was no Council discussion.

 

B.

Consideration of Council Policy Discussion:  Water, wastewater, and reclaimed water rate modifications.

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

Councilmember Evans moved to open the discussion.  The motion was seconded by Councilmember Brewster and passed unanimously.

 

Water Commissioner, John Nowakowski, informed Council that the Water Commission has no comment at this time since the Commission has not seen the presented options.  He explained the process the commission followed while working with the consultants.  The rates previously provided were recommended by the Commission.

 

Randy Pellatz, Utilities Director, Brad Hill, Water Resources Manager, and Pierce Rosnan, Consultant, Willdan Financial Services, participated in the discussion.

 

The model is a pay as you go model.  The proposed rates don?t address outstanding policy issues.  However, the percentage Flagstaff recoups in costs, current and proposed, as compared to other cities across the State is below average.  The average rate for reclaimed water throughout the State is 60-80% of potable water rates.  Currently, the City charges 17% of potable water rates for reclaimed water.  The proposed rate increase is 30% over five years.  The purpose of charging less for reclaimed water is to encourage its use and because reclaimed water users are off-peak users.

 

The rate scenarios presented were:  (1) delaying capital improvement projects and slowing the rate increase, (2) leaving the declining tiered system in place and transferring the cost to the potable users, or (3) shifting partial cost to potable users and eliminating one tier a year.  A fourth option would be to institute the Water Commission?s recommendations.

 

Speaking in favor:

 

 

Andy Fernandez

 

Michael Blaksee

 

Speaking against:

 

 

John Malin, President Continental Country Club

 

Jack Rathjen

 

Tim Hanson

 

The consensus of the Council was to move forward with Option 1, delaying the capital improvement projects and slowing the rate increase.

 

Prior to the capacity fee discussion at the next meeting, Council requested, (1) a break-down of what proportion or amount equates to $20,000,000 for Red Gap Ranch, (2) the presence of a member of the Water Commission at the next meeting to answer questions and provide information on why Red Gap Ranch was included, and, (3) minutes from the Water Commission meetings to understand the perspective of the Water Commission.

 

Council agreed that the proposals in the wastewater management area are adequate, but additional conservation measures are necessary.

 

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

 

9.      PUBLIC PARTICIPATION

 

Andy Fernandez spoke against pork barrel spending, council meeting protocol, and government transparency.

 

10.    INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS FOR FUTURE AGENDA ITEMS

 

11.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 9:56 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 August 3, 2010.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 5 day of April, 2011.

 

 

                                                                           

CITY CLERK