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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

March 1, 2011

12:00 p.m.

 

A meeting of the Flagstaff City Council was held on March 1, 2011 convening at 12:00 noon 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, Excused

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:  Heritage 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 historic property owner appointment and one at-large appointment, both to terms expiring December, 2013.

 

Councilmember Babbott moved to appoint Jerry McLaughlin to an historic property owner appointment and Richard Rummel to an at-large term on the Heritage Preservation Commission, both expiring December, 2013.  Councilmember Brewster seconded the motion which passed on unanimous vote.

 

B.

Consideration of Applicants for Appointments:  Library Board.  [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 November, 2013; and ratify the appointment of Harriet Young.

 

Councilmember Babbott moved to appoint Jean Cray to a term on the Library Board expiring November, 2013, and to ratify the appointment of Harriet Young.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

4.         LIQUOR LICENSE PUBLIC HEARINGS

 

5.         CONSENT ITEMS

 

A.

Consideration and Approval of Audited Financial Reports:  Period ending June 30, 2010.

 

RECOMMENDED ACTION:

Approve the June 30, 2010 Comprehensive Annual Financial Report and the Single Audit Report and Schedule as recommended by the Audit Committee.

 

Councilmember Overton moved to take the recommended action, seconded by Councilmember Babbott.  The vote was unanimous in favor.

 

B.

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

 

RECOMMENDED ACTION:

(1)

Move to take off the table.

 

 

(2)

Approve the contract with LP?s Excavating in the total amount of $290,447.56, which includes additive alternate #1 in the amount of $5,572.50, plus a $20,000.00 contract allowance and a 100-calendar-day contract period;

 

 

(3)

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

 

 

(4)

Authorize the City Manager to execute the necessary documents.

 

Councilmember White moved to take off the table, seconded by Councilmember Brewster.  The motion passed unanimously.

 

Vice-Mayor Barotz moved to approve the recommendation, seconded by Councilmember White.

 

Pam Houndsell, Flagstaff Truck Center, has worked with the City?s representatives and was pleased with the compromise.  However, she does not like the raised island and would prefer painted island on the pavement.

Rick Barrett, City Engineer, and Randy Groth, Landscape Engineer, participated in the discussion.

 

The recommended design is the safest alternative for trail users and allows the City to move forward with the existing contract.  The City?s Engineering Design Standards must be strictly adhered to.  However, the owners would prefer that there be no raised island.  The real compromise is in the turn lane and reduced speed limit.  Edge improvements tend to calm traffic.

 

Once the 45-mile-per-hour speed limit has been studied, staff will report back to Council.

 

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

 

C.

Consideration and Approval of Intergovernmental Agreement:  Disposal of illegally dumped waste and abandoned vehicles, escaped and windblown litter; and enforcement of illegal dumping regulations on National Forest Service lands, at or near the Cinder Lake Landfill.

 

 

RECOMMENDED ACTION:

Approve the Intergovernmental Agreement with the United States Department of Agriculture, Forest Service, Coconino National Forest, for a five-year period in the amount of $8,630.00 per year.

 

Councilmember Babbott moved to approve the recommended action.  The motion was seconded by Councilmember White and passed on unanimous vote

 

D.

Consideration and Approval of Intergovernmental Agreement:  Fire protection services.

 

 

RECOMMENDED ACTION:

Approve the Intergovernmental Agreement with Lockett Ranches Fire District.

 

Councilmember Babbott moved to approve the recommendation, seconded by Councilmember White.  The vote was unanimous in favor.

 

E.

Consideration and Approval of Construction-Manager-at-Risk Contract:  2011 street maintenance program.

 

 

RECOMMENDED ACTION:

(1)

Approve the Construction-Manager-at-Risk Contract with C and E Paving and Grading, LLC in an amount not to exceed $836,100.00 for Guaranteed Maximum Price (GMP) #4, and an amount not to exceed $1,063,925.00 for GMP #5;

 

 

(2)

Authorize change order authority of 5% each for GMP #4 in the amount of $41,805.00 and for GMP #5 in the amount of $53,196.00 to cover potential costs associated with unanticipated or additional items of work; and

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

Councilmember Babbott moved to take the recommended action, seconded by Councilmember White.  The motion passed on unanimous vote.

 

6.         ROUTINE ITEMS

 

A.

Consideration and Adoption of Resolution No. 2011-15:  A resolution approving an intergovernmental agreement between the State of Arizona Department of Transportation and the City of Flagstaff for Federal Highway Administration Transportation Enhancement Activities funds for the design and construction of roadway median and edge improvements on Woodlands Village Boulevard from West Route 66 to Beulah Boulevard.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-15 by title only.

Adopt Resolution No. 2011-15.

 

Councilmember Babbott moved to read Resolution No. 2011-15 by title only, seconded by Councilmember Brewster.

 

During the discussion, Mayor Presler, and Councilmembers Babbott, Brewster, and White Al expressed their opposition to irrigating medians.

 

Karl Eberhard, Urban Planner, participated in the Council discussion.  The medians will be planted with native species and the only watering would take place during times of drought.  A report will be generated and provided to the Council identifying the amount of water used in medians.

 

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

 

 

Resolution No. 2011-15

 

 

 

A resolution approving an intergovernmental agreement between the State of Arizona Department of Transportation and the City of Flagstaff for Federal Highway Administration Transportation Enhancement Activities funds for the design and construction of roadway median and edge improvements on Woodlands Village Boulevard from West Route 66 to Beulah Boulevard.

 

 

Councilmember Overton moved to adopt Resolution No. 2011-15, seconded by Councilmember White.  The motion passed on majority vote with Vice-Mayor Barotz and Councilmembers Babbott, Brewster, Overton, and White voting in favor, and Mayor Presler opposed.

 

7.         RECESS

 

The meeting recessed at 1:07 p.m.

 

5:30 P.M. MEETING

 

RECONVENE REGULAR MEETING

Mayor Presler called the meeting back to order at 5:38 p.m.

 

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 Approval of Minutes:  Special Council Meeting of May 25, 2010, and Regular Council Meeting of February 15, 2011.

 

RECOMMENDED ACTION:

Approve the Minutes as submitted/corrected.

 

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

 

11.       PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING

 

BOARD AND COMMISSION MEMBERS

 

 

(a)

Presentation of Proclamation:  Greek Heritage Month.

Mayor Presler read a proclamation for Greek Heritage Month and presented it to Charlotte Dodgson of the Diversity Awareness Commission, who spoke on behalf of contributions the Greek community and presented it to a representative of the Greek community.

 

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

 

13.       PUBLIC HEARING ITEMS

 

A.

Consideration of Action on Public Hearing (PC REZ 2011-001:  Rezoning of approximately .98 acres located at 510 South San Francisco Street from RM-M-E, Multi-Family Residential District Established to UC, Urban Commercial District.

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

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

 

Elaine Averitt, Planning Development Services, joined in the discussion.  The development is a 3-story mixed used building with underground parking, retail uses and a residential component.  Urban commercial zoning is consistent with the objectives and policies of Regional Plan.  Elevations meet all design review guidelines.  The Planning and Zoning Commission recommends approval and staff recommends approval with two conditions.  Parking space requirements were reduced because of the use of bicycles, bus routes, and walkability of the neighborhood.  The developer is ready to begin construction this summer.

 

Bart DiLuca, the applicant, believes that parking has been adequately addressed.  To access the underground parking, drivers must go through the parking lot  The parking lot will be walled in and the garage is intended for the people in the building.  Furthermore, a professional management company will manage the apartments and the parking.

 

Jennifer Shafer, property manager for Consolidated Investment, spoke favorably to property management practices and towing.

 

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

 

B.

Consideration and Possible Adoption of Ordinance No. 2011-04:  An ordinance rezoning approximately .98 acres of real property located at 510 South San Francisco Street from ?RM-M-E?, Multi-Family Residential District ? Established, to ?UC?, Urban Commercial District.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2011-04 for the first time by title only.

 

Councilmember Babbott moved to read Ordinance No. 2011-04 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. 2011-04

 

 

 

An ordinance rezoning approximately .98 acres of real property located at 510 South San Francisco Street from ?RM-M-E?, Multi-Family Residential District ? Established, to ?UC?, Urban Commercial District.

 

 

14.       REGULAR AGENDA

 

A.

Consideration and Adoption of Resolution No. 2011-09:  A resolution approving guidelines for special events within the City of Flagstaff.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-09 by title only.

Adopt Resolution No. 2011-09.

 

Councilmember Babbott moved to take off the table.  The motion was seconded by Vice-Mayor Barotz and passed on unanimous vote.

 

Councilmember Babbott moved to read Resolution No. 2011-09 by title only, seconded by Councilmember Overton.

 

Speaking in support of lowering the decibel rate from the current 88 decibel level were:

 

 

·    

Bill Ring

 

·    

Gordon Watkins

 

Those who spoke in favor of retaining the 88 decibel level for events in Wheeler Park:

 

 

·    

Alyson Gaitlin

 

·    

Joe Ray

 

·    

Rick Moore

 

The following speakers spoke in support of increasing the 88 decibel level of sound for Wheeler Park:

 

 

·    

Mike Taylor

 

·    

Matt Ziegler, Flagstaff Hullabaloo

 

·    

Chase Carpini

 

·    

George Averbeck

 

·    

Cathryn Jim, Northern Arizona Pride Association

 

·    

Debbie Grogan, OktoberFest Producer

 

·    

Laurel Terry

 

Many of the speakers proposed compromises such as (1) rearranging speakers, (2) using a computer system and time alignment; (3) remote speakers; (4) ending events at or before 8:00 p.m.; (5) and moving events to other parks.

 

Councilmember Babbott moved to amend the special event permit guidelines to allow for amplified sound at 90 decibels at Wheeler Park, seconded by Councilmember White.

 

Brian Grube, Glorice Brehl, and David Womochil, Assistant City Attorney were included in Council discussion.

 

Remote speakers and surround sound are similar in that they are set up on the periphery of an event and pointed inward.  However, there are times when pointing the speakers won?t be successful and that occurs in larger events.  Surround sound is mandated in Wheeler Park.

 

The permit packet is consistent with Title 8 which contains a penalty section.  Violations are Class 1 misdemeanors with $2,500 fines and up to 90 days in jail.  The noise ordinance applies as well, but, because of its time frames, it doesn?t come into play except between midnight through 6:00 on weeknights and through 1:00 a.m. 7:00 a.m. on weekends.

 

Councilmember Brewster moved to amend the motion to amend the special permit event packet at Noise Control, (5), that, for whatever venues chosen, the organizer of an event can work with staff and the Parks Division regarding positioning and choice of speakers and to meter decibel levels outside the park near residences.  The motion to amend the amendment died due to lack of  a second.

 

The motion to amend passed on roll call vote as follows:

 

 

Mayor Presler

Nay

 

Vice-Mayor Barotz

Nay

 

Councilmember Babbott

Aye

 

Councilmember Brewster

Aye

 

Councilmember Evans

Aye

 

Councilmember Overton

Nay

 

Councilmember White

Aye

 

Councilmember Evans moved to amend the event packet under Noise Control (1) to state that event amplification must end by 8:00 p.m. at Wheeler, Park, seconded by Vice-Mayor Barotz.  The motion failed on split vote with Mayor Presler, Vice-Mayor Barotz, and Councilmember Evans voting in favor; and Councilmembers Babbott, Brewster, Overton, and White voting against.

 

Councilmember Evans moved to amend the parking requirements to require a shuttle for all Level A events, seconded by Vice-Mayor Barotz.  The motion failed on split vote with Mayor Presler, Vice-Mayor Barotz, and Councilmember Evans voting in favor; and Councilmembers Babbott, Brewster, Overton, and White voting against.

 

Councilmember Evans moved to amend the special event permit packet to recommend personal outreach to neighbors by the promoter for all Class A events, seconded by Vice-Mayor Barotz.  The motion passed unanimously.

 

Mayor Presler moved to amend the special event permit packet on handwritten Page 25, Section 10, to insert language after ?Heritage Square? to allow the Fire Department to have flexibility to modify other maximum occupancy for other parks as needs arise, seconded by Vice-Mayor Barotz.  The motion failed on split vote with Mayor Presler and Vice-Mayor Barotz voting in favor, and Councilmembers Babbott, Brewster, Evans, Overton, and White voting against.

 

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

 

 

Resolution No. 2011-09

 

 

 

A resolution approving guidelines for special events within the City of Flagstaff.

 

 

Councilmember Babbott moved for adoption.  The motion was seconded by Councilmember Brewster and passed unanimously.

 

Vice-Mayor Barotz moved to postpone 15A to the March 8 work session, seconded by Councilmember White.  The motion passed on majority vote with Mayor Presler, Vice-Mayor Barotz, and Councilmembers Brewster, Evans, and White voting in favor, and Councilmembers Babbott and Overton opposed.

 

B.

Consideration and Approval of Service Agreement:  U.S. 180 winter congestion mitigation study.

 

 

RECOMMENDED ACTION:

Approve the agreement for service with HDR Engineering, Inc. in the amount of $131,996.00 and authorize the City Manager to execute the necessary documents.

 

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

David Wessel, and Police Lieutenant Ken Koch joined in the discussion.

 

The study will cover traffic congestion that occurs during winter activities when officers are paid overtime to man traffic control.  The officers are reimbursed through one-time grant monies.  The study will develop a traffic model attempt to provide solutions.  Staff is hoping for a multi-agency, multi-modal, and multi-strategy solution.  Funding for the study comes from the Arizona Department of Transportation, the Metropolitan Planning Organization, and the County.  There are no private contributions at this time.  The Metropolitan Planning Organization has been working with vendors on travel time studies on alternative routes and traffic volume.  With this information, it is hoped that there is sufficient data to create a model that will estimate levels of activity.  Solutions will be solicited at the first public meeting for later evaluation.

 

Until the data is evaluated, there is no way to state that the needed information is there.  There may be some gaps in the information, but costing would still be reliable.  Money for officer overtime comes from Federal grant funds passed through the State.  The source is discretionary; but, for the proposed study, no city funding will be used.  It is a discretionary study with a wide range of potential solutions and many different parties.

 

Customers and business attraction are the reasons for private entities to become participants in the study.  Task 2, problem identification, can be as broad or as narrow in relationship to neighborhoods and residents, depending on who shows up to the meetings.  Specific neighborhood concerns can be incorporated into the study which will provide hard data to plug into a framework.

 

Jack Welch, related that the 700-plus petition signers would appreciate being included in the study.

 

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

 

C.

Consideration and Approval of Amendments to the 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.

 

Councilmember White moved to approve the recommended action, seconded by Councilmember Brewster.

 

Karen Goodwin, Friends of Flagstaff?s Future, spoke to the need for the zoning code to address open space and strategies for implementation.

 

Bill Ring, thanked the Council for incentivizing affordable housing.  However, in Section 10-30.80, Traditional Neighborhood Design plans, the zones are required to have property descriptions which means, for Juniper Point, 30 different pieces that would require property descriptions.

 

The vote was unanimous in favor of the motion.

 

D.

Consideration and Adoption of Resolution No. 2011-14::  A resolution of the Flagstaff City Council urging the State of Arizona Game and Fish Commission to relocate the proposed shooting range at Foster Ranch to a site that will not jeopardize Walnut Canyon National Monument.

 

RECOMMENDED ACTION:

Read Resolution No. 2011-14 by title only.

Adopt Resolution No. 2011-14.

Councilmember White moved to read Resolution No. 2011-14 by title only, seconded by Councilmember Evans.

 

Dianne Chung and Marilyn Weissman thanked Council for the work it has done, for raising the issue?s profile, and taking a public stand.

 

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.  Title was read as follows:

 

 

Resolution No. 2011-14

 

 

A resolution of the Flagstaff City Council urging the State of Arizona Game and Fish Commission to relocate the proposed shooting range at Foster Ranch to a site that will not jeopardize Walnut Canyon National Monument.

 

 

Mayor Presler moved for adoption, 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.

 

15.       DISCUSSION ITEMS

A.

Consideration/Discussion:  Review of proposed text amendments to Draft Zoning Code, Division 10-20.50, Amendments to the Zoning Code Text and the Zoning Map.

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

This item was postponed to the March 8, 2011 work session.

 

B.

Consideration/Discussion:  Review of Draft Zoning Code, Division 10-30.30, Heritage Preservation.

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

Mayor Presler removed herself from the podium at 9:35 p.m.

 

Karl Eberhard joined in the discussion.

 

Council?s previous comments have been incorporated into the division, with the two largest issues being undeveloped land and a 50-year trigger with a 1945 production housing requirement that would exclude run-of-the-mill housing from the 1950s.  One option provides for structures of more than 50 years in age at the time of application.  The drawback to a fixed date is that it will continue be shifted as time passes by.  Language has been added in section 10-30.30-040 that allows submittal in electronic format and clarification of the 50-year rule.  There are national and state provisions that allow for designations of less than 50 years old.  Applications will take about a minute to process.

Speaking in support of the proposed changes and the 50-year designation were:

 

 

David Monihan

 

Marilyn Weissman, Friends of Flagstaff?s Future

 

C.

Consideration/Discussion:  United States Conference of Mayor Civility Accord.

 

 

RECOMMENDED ACTION:

None.

 

Council expressed no objection to the Mayor?s signing the Civility Accord.

 

16.       PUBLIC PARTICIPATION

 

None.

 

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

 

FOR FUTURE AGENDA ITEMS

 

Councilmember Evans asked that another look be taken at parking issues in the south side.

 

Councilmember Overton requested an update on the use of credit cards at the landfill.

 

Councilmember Brewster expressed her desire to explore testing decibel testing based on speaker set ups described during the special event permit packet discussion.

 

Upcoming events include a hunger benefit by the Rotary Club, vocational skills championshp at Flagstaff High School, and the Viola Awards.

 

Mayor Presler asked that a discussion be scheduled on the March 8 agenda to discuss the use of i-pads for budget rather than printed budget books.

 

18.     ADJOURNMENT

 

There being no further business to come before the Council, the meeting was adjourned at 10:07 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 March 1, 2011.  I further certifty that the Meeting was duly called and held and that a quorum was present.

 

DATED this 16th day of March, 2011.

 

 

 

 

CITY CLERK