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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

July 27, 2010

5:30 p.m.

 

A meeting of the Flagstaff City Council was held on July 27, 2010 convening at 5:30 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.       MINUTES

 

A.

Consideration of Minutes:

 

No minutes were submitted.

 

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

 

 

A.

Recognition of City Personnel on Hardy and Schultz Fires.

 

First responders, Flagstaff Fire Department, Flagstaff Police Department and City personnel, were thanked for their brave and valiant efforts in fighting the Hardy and Schultz fires.

 

 

B.

Public Participation

 

Betsy McKeller spoke on behalf of Walnut Canyon asking for National Park designation.

 

Eva Putzkova, President of Friends of Flagstaff’s Future, spoke for improving quality of public participation and government transparency.

 

Elison Miles requested that a 15 mile-per-hour speed limit be implemented in the southside redevelopment model for one year to allow data to be gathered regarding a progressive plan to enhance intersections and promote efficiency in moving automobiles.

 

Elizabeth Jackson spoke regarding concerns with the Flagstaff Housing Authority.

 

Staff was directed to follow-up with Ms. Jackson’s concerns.

 

The following citizens thanked the Council for its strong stance against SB 1070:

 

Ana Ortiz

 

 

Peggy Sheldon-Seutlock

 

 

Miguel Vazquez

 

 

Norm Wallen

 

 

George Villas

 

 

Ashley Cooper

 

 

Andy Fernandez requested the City to contract with a specific local attorney to fight SB 1070, and objected to selling water to Snowbowl.

 

5.       CONSENT AGENDA

 

A.

Consideration of Additional Expenditure Authority:  Regner v. City of Flagstaff

 

 

RECOMMENDED ACTION:

Approve expenditure authority of an additional $100,000.00 for payment of attorneys’ fee to Gammage & Burnham.

 

This item was pulled from the agenda.

 

B.

Consideration of Extension of Annual Bid:  Bulk fuel.

 

 

RECOMMENDED ACTION:

Approve the second extension with Carter Oil Company for unleaded fuel at $.0153 per gallon, diesel fuel at $.0281 per gallon, and diesel winter blend at $.0393 per gallon over the Phoenix OPIS weekly price.

 

Councilmember White moved to approve the recommended action, Councilmember Evans seconded the motion.

 

Andy Fernandez asked for price confirmation for the cost of fuel.

 

The motion passed on unanimous vote.

 

C.

Consideration of Amendment One to Intergovernmental Agreement:  Fire protection services.

 

 

RECOMMENDED ACTION:

Approve Amendment One with Flagstaff Fire District.

 

This item was deferred until later in the meeting but is included here for the sake of clarity.  At the time of discussion, Vice-Mayor Barotz had been excused from the remainder of the meeting and was not present.

 

Councilmember Brewster moved to approve the recommended action.  The motion was seconded by Councilmember White and passed unanimously.

 

D.

Consideration of Intergovernmental Agreement:  Fire protection services.

 

 

RECOMMENDED ACTION:

Approve the Intergovernmental Agreement with Westwood Estates Fire District.

 

This item was deferred until later in the meeting but is included here for the sake of clarity.  At the time of discussion, Vice-Mayor Barotz had been excused from the remainder of the meeting and was not present.

 

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

 

E.

Consideration of Annual Service Agreement:  Landscape maintenance service.

 

 

RECOMMENDED ACTION:

Approve the service agreement with Morning Dew Landscaping, Incorporated, per the staff summary attachment.

 

Councilmember White moved to approve the recommended action; the motion was seconded by Councilmember Evans.

 

Andy Fernandez requested cost information to be included in staff summaries and posted on the website.

 

The motion passed unanimously.

 

F.

Consideration of PC SUB 2008-003:  A request for final plat approval by Joseph N. Kavanagh for the Peaks Plaza Condominiums, a mixed-use commercial and residential condominium subdivision on a .62 acre parcel located at 1819 East Second Avenue in the C2-E, Community Commercial Zoning District Established.

 

 

RECOMMENDED ACTION:

Approve the final plat.

 

Councilmember Overton declared a conflict of interest, did not enter into discussion or vote, and removed himself from the dais.

 

Councilmember White moved to approve the final plat.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.  Councilmember Overton was excused from the vote due to a conflict of interest.

 

6.      PUBLIC HEARING ITEMS

 

A.

Consideration of Liquor License Application:  Danny Thomas, “Sustainable Packaging Solutions”, 2225 N. Gemini Drive, Series 13, 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 Evans.  The motion passed on unanimous vote.

 

Sgt. Ryan Coons conducted the background investigation on the applicant and found no reason to oppose the application.

 

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

 

Councilmember Babbott moved to forward the application to the State with a recommendation for approval.  The motion was seconded by Councilmember White and passed unanimously.

 

B.

Consideration of Liquor License Application:  Jamie Thousand, “Satchmo’s”, 2230 N. Fourth Street, 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 Evans moved to open the public hearing.  The motion was seconded by Councilmember White and passed unanimously.

 

Sgt. Ryan Coons conducted the background investigation on the applicant and found no reason to oppose the application.

 

Jamie Thousand spoke about the growth of his business.

 

There being no citizen input, Councilmember Evans moved to close the public hearing, with a second from Councilmember Babbott.  The motion passed unanimously.

 

Councilmember White moved to forward the application to the State with a recommendation for approval.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

C.

Consideration of Public Hearing (PC REZ 2010-003):  Rezoning of approximately 60 acres at 3100 and 3101 North Fort Valley Road to the Landmarks Design Review Overlay (LDRO) Zoning District.

 

 

RECOMMENDED ACTION:

Open the public hearing.

 

 

Receive citizen input.

 

 

Close the public hearing.

 

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

 

Councilmember White left the dais at 6:26 p.m. and returned at 6:31 p.m.

 

Elaine Averitt and Karl Eberhard, Planning and Development Department; and applicant, Dr. Robert Brunig, Museum of Northern Arizona, gave a brief presentation and answered Council questions. The rezoning was requested by the Museum of Northern Arizona and recommended by the Historic Preservation Commission to insure that the historic heritage of the Museum and its property is preserved.

 

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

 

D.

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 first time by title only.

 

Councilmember Brewster moved to read Ordinance No. 2010-24 by title only, with a second by Councilmember Evans.  The motion passed on unanimous vote.  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”).

 

 

E.

Consideration of Public Hearing:   Water and Wastewater rates and fees increases.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

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

 

Ryan Roberts, Utilities Engineer Manager; Brian Jewett, TischlerBise; and Pierce Rosnan, Willdan Financial Services, gave a presentation on the rate study and answered Council questions.  There have been no rate increases to consumers in the past ten years while the cost to provide water and sewer service has increased.  Without the rate increase, the utility fund balance will be depleted and go into negative balance by January, 2012.  Options to supplement the fund are:  (1) reduce service levels, (2) draw from the general fund, or (3) postpone capital improvement projects.  Without the rate increase, it will become difficult for the City to meet its bond covenants, risking default and putting the City’s credit rating in jeopardy.  A “pay as you go” process was recommended to keep the debt percentage from increasing and to allow the enterprise fund to gradually reduce its long term debt.

 

Much of the current infrastructure is rapidly aging and needs to be replaced.  Maintaining the current system, repairing breaks, is what currently is being done.  The 2-inch pipes are inadequate to service many of the City’s neighborhoods.  The goal is to implement a replacement program.

 

Speaking against the rate increase were:

 

Jim Whitehead

 

 

Donald Hall

 

 

Tim Hanson

 

 

John Malin

 

 

Jeff Oravits

 

 

Joe Galli

 

 

David Monihan, Jr.

 

 

Tom Spangler

 

 

Jack Rathjen

 

 

Bill Menninger

 

 

Speaking, but not addressing this item was:

 

Andy Fernandez

 

 

The majority of Council had concerns about the pace of the rate increase.  It was agreed that rate and pace of the increase would be discussed at the August 3, 2010 meeting, and capacity would be discussed at the August 17, 2010 meeting.

 

There being no further citizen input, Councilmember Evans moved to close the public hearing.  The motion was seconded by Councilmember White and passed unanimously.

 

Vice Mayor Barotz was excused from the balance of the meeting and left the dais.

 

7.      REGULAR AGENDA

 

A.

Consideration of Appointments:  On-call Magistrates.  [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).  The names of the applicants may be obtained by contacting the City Clerk.]

 

 

RECOMMENDED ACTION:

Make the appointments of the on-call magistrates.

 

Councilmember White moved to appoint:

 

Paul Christian

 

 

Warren Sanford

 

 

Sandra Wagner

 

 

Susan Slasor

 

 

Gerald McCafferty

 

 

Jennifer Nagel

 

 

Thomas Miller

 

 

The motion was seconded by Councilmember Evans and passed on 6-0 unanimous vote.  Vice-Mayor Barotz was excused from the meeting.

 

B.

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

 

 

RECOMMENDED ACTION:

None.

 

This item was pulled from the agenda.

 

C.

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

 

 

RECOMMENDED ACTION:

(1)

Make one citizen appointment from the City of Flagstaff service area to the Transit Advisory Committee; or, in the alternative:

 

 

 

(2)

Permanently delegate authority for the Flagstaff area citizen appointment to the two City Council NAIPTA Board member representatives.

 

This item was pulled from the agenda.

 

D.

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

 

This item was pulled from the agenda.

 

E.

Consideration of Ordinance No. 2010-16:  An ordinance levying upon the assessed valuation of the property within the City of Flagstaff, Arizona, subject to taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, less the amount estimated to be received from other sources of revenue; providing funds for various bond redemptions, for the purpose of paying interest upon bonded indebtedness and providing funds for general municipal expenses, all for the fiscal year ending the 30th day of June, 2011, and declaring and emergency.

 

 

RECOMMENDED ACTION:

(1)

Read Ordinance No. 2010-16 for the first time by title only.

 

 

 

(2)

Move to consider the reading of Ordinance No. 2010-16 for the final time by title only (requires unanimous affirmative vote).

 

 

 

(3)

Upon the unanimous vote above, move to read Ordinance No. 2010-16 for the final time by title only.

 

 

 

(4)

Adopt Ordinance No. 2010-16 (requires six affirmative votes).

 

Councilmember White moved to read Ordinance No. 2010-16 for the first time by title only.  The motion was seconded by Councilmember Evans and passed unanimously. Vice-Mayor Barotz was excused from the meeting and was not present for the vote.  Title was read as follows:

 

 

Ordinance No. 2010-16

 

 

 

An ordinance levying upon the assessed valuation of the property within the City of Flagstaff, Arizona, subject to taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, less the amount estimated to be received from other sources of revenue; providing funds for various bond redemptions, for the purpose of paying interest upon bonded indebtedness and providing funds for general municipal expenses, all for the fiscal year ending the 30th day of June, 2011, and declaring and emergency.

 

 

Councilmember White moved to consider reading Ordinance No. 2010-16 for the final time by title only.  Councilmember Evans seconded the motion.  The motion passed on 6-0 unanimous vote.

 

Upon the unanimous vote above, Councilmember White moved to read Ordinance No. 2010-16 for the final time by title only.  The motion passed unanimously.

 

Following the reading of Ordinance No, 2010-16 for the final time by title only, Councilmember White moved to adopt Ordinance No. 2010-16, seconded by Councilmember Evans.  The motion passed unanimously.

 

F.

Consideration of Resolution No. 2010-51:  A resolution ratifying and terminating the Proclamation Declaring an Emergency dated June 19, 2010.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-51 by title only.

 

 

 

Adopt Resolution No. 2010-51.

 

Councilmember Overton moved to read Resolution No. 2010-51 by title only.  The motion was seconded by Councilmember Evans and passed on 6-0 unanimous vote. Vice-Mayor Barotz was not present for the vote, having previously left the meeting.  Title was read as follows:

 

 

Resolution No. 2010-51

 

 

 

A resolution ratifying and terminating the Proclamation Declaring an Emergency dated June 19, 2010.

 

 

Councilmember Overton moved to adopt Resolution No. 2010-51, seconded by Councilmember White.  The motion carried on 6-0 unanimous vote.

 

G.

Consideration of Memorandum of Termination of Forbearance Agreement:  Aspen Place at the Sawmill.

 

 

RECOMMENED ACTION:

Approve the Memorandum of Termination of Forbearance Agreement with Aspen Place North, L.L.C. and Aspen Place South, L.L.C.

 

Items 7G-7J were heard together, but voted upon separately.

 

Councilmember Overton moved to approve the recommended action; Councilmember White seconded the motion.

 

Mark Landsiedel, Community Development Director, provided a presentation and participated in the discussion.

 

The existing forbearance agreement has been fulfilled and has no further legal effect.  The forbearance agreement was recorded, creating a cloud on the title.  Terminating the agreement clears title and allows future sales of the property.

.

The motion passed on unanimous vote.

 

H.

Consideration of Forbearance Agreement:  Aspen Place at Sawmill.

 

 

RECOMMENDED ACTION:

Approve the Forbearance Agreement with Aspen Place North, L.L.C.

 

Approving the Forbearance Agreement will allow Aspen Place North, L.L.C. to proceed with their purchase agreement with RED.  Since the refinancing of Aspen Place North did not occur, its acquisition by RED will bring new capital to the project, allowing its completion.

 

Councilmember Overton moved to accept the recommended action; Councilmember White seconded the motion.  The motion passed by majority vote with Mayor Presler, Councilmembers Babbott, Brewster, Overton, and White voting in favor and Councilmember Evans voting against.

 

I.

Consideration of Second Amendment to Development Incentive Agreement:  Aspen Place at Sawmill.

 

 

RECOMMENDED ACTION:

Approve the Second Amendment to Development Incentive Agreement with Aspen Place North, L.L.C, and Sawmill NF, L.L.C.

 

The agreement will only become effective if Aspen Place North, L.L.C. completes the sale to RED by October 31, 2010.  The sale to RED provides the City with an enhanced level of certainty that bond payments will be made according to the repayment schedule.

 

Brett Heron, RED, assured Council of RED’s enthusiasm for the project.  The plan for the project is to lease existing buildings while creating a plan for the second phase of the project and finding buyers for the four pads.

 

Motion to approve the recommended action was made by Councilmember White with a second from Councilmember Brewster.  The motion passed by majority vote.  Voting in favor were Mayor Presler, Councilmembers Babbott, Brewster, Overton, and White.  Voting against was Councilmember Brewster.

 

J.

Consideration of Resolution No. 2010-53:  A resolution approving the Fourth Amended and Restated Development Agreement and Waiver among the City of Flagstaff, Aspen Place North, L.L.C. and Sawmill NF, L.L.C.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-53 by title only.

Adopt Resolution No. 2010-53.

 

There is a typographical error in Resolution No. 2010-53.  The third “whereas” of the resolution contains the word “seeks.”  The resolution should be amended to change the work “seeks” to “seek.”

 

A motion to read Resolution No. 2010-53, as amended to correct the typographical error, “seeks” to “seek” in the third “Whereas”, was made by Councilmember White.  Councilmember Babbott seconded the motion.  The motion passed on majority vote with Mayor Presler, Councilmembers Babbott, Brewster, Overton, and White voting yes and Councilmember Evan voting no.  Title was read as follows:

 

 

Resolution No. 2010-53

 

 

 

A resolution approving the Fourth Amended and Restated Development Agreement and Waiver among the City of Flagstaff, Aspen Place North, L.L.C. and Sawmill NF, L.L.C.

 

 

Councilmember White moved to adopt Resolution No. 2010-53, as amended.  Councilmember Babbott seconded the motion which passed on majority vote.  Voting in favor were Mayor Presler, Councilmember Babbott, Brewster, Overton, and White.  Voting against was Councilmember Evans.

 

8.       COUNCIL DISCUSSION ITEMS

 

A.

Consideration of Council Discussion:  Sale and development of 32 acres of City-owned property at the corner of Fourth Street and Route 66.

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

John Stigmon, Economic Analyst, and Barbara Goodrich, Management Services Director, were present and participated in the discussion.

 

The plan for the 32 acre parcel is to go out to request for proposals with a minimum value of $6.5 million.  The goals are to:  (1) improve the use of the land, (2) revitalize the gateway area, (3) rezone to urban commercial, and (4) increase City’s long term sales tax revenue.  The money realized by the sale of this parcel will be used to pay debt service due in 2020.  Without the sale, the likely sources of revenue for the debt payment would be other transportation taxes and the general fund.

 

Council direction was to go out to request for proposals with $6.5 million value, deferring to the neighborhood plan.  There was not majority support for rezoning.

 

B.

Consideration of Council Discussion:  Mayors Conference Event Idea.

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

The conference would be a “Mayor’s Greening Summit” by invitation only.  Ten to fifteen Mayors of top green communities would be invited.  National sponsors must be recruited in order to proceed with the idea of hosting the event.  The idea will be explored further and brought back for discussion in six weeks.

 

9.      PUBLIC PARTICIPATION

 

Andy Fernandez spoke, but made no clear points.

 

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

 

Council Rules of Procedure will be discussed at the upcoming Council Retreat.

 

At meeting regarding the Southside development, residents expressed concerns relating to the elimination of sidewalk and pedestrian crossings, crosswalks, and striping. Councilmember Evans would like to know if there have been changes to the development plan.

 

Mayor Presler met with the Vice-President and the Director of National Park Programs, who promised to look into extending FEMA for the Shultz Fire victims to cover the time period before their flood insurance takes effect.

 

Announcements and informational items of interest are:

 

 

Citizens have requested that the landfill accept credit and debit cards.

 

 

 

City Attorney interviews have been scheduled for August 16.

 

 

 

A special meeting for the Snowbowl deliberation will be scheduled for August 30, 2010 at 5:00 p.m.

 

 

 

If the Courts do not grant a stay of SB 1070, the Police Chief will do a press conference on Thursday explaining the department’s policies and procedures for implementation.

 

 

 

Representative Chabin has requested meetings with Councilmembers on behalf of the Navajo Tribal Council regarding Snowbowl.  A meeting room has been reserved at City Hall; however, Councilmembers are not obligated to attend and must be conscious that no more than three Councilmembers can meet with the Representative.

 

11.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 11:59 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 July 27, 2010.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 19th day of April, 2011.

 

 

 

 

                                                                           

CITY CLERK