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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 15, 2011

12:00 p.m.

 

A meeting of the Flagstaff City Council was held on March 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:

 

Barbara Goodrich, Acting City Manager

Rosemary Rosales, City Attorney

 

2.      PUBLIC PARTICIPATION

 

3.      BOARD AND COMMISSION APPOINTMENTS

No items were submitted.

 

4.      LIQUOR LICENSE PUBLIC HEARINGS

No items were submitted.

 

5.     CONSENT ITEMS

 

A.

Consideration and Approval of Assignment and Assumption of Lease Agreement:  Flagstaff Pulliam Airport restaurant operation.

 

 

RECOMMENDED ACTION:

Approve the Assignment and Assumption of Lease Agreement with Blu Moon Café at the same terms and conditions.

 

B.

Consideration and Approval of Service Agreement:  Streetlight maintenance.

 

 

RECOMMENDED ACTION:

(1)

Approve the agreement with Republic Intelligent Transportation Service in the amount of $1.35 per streetlight for operation and maintenance, plus add-ons per the staff summary attachment; and.

 

 

(2)

Authorize the City Manager to sign the necessary document.

 

C.

Consideration and Approval of Service Agreement:  Community Development Block Grant (CDBG) and Community Development Block Grant – Recovery (CDBG-R) Programs.

 

 

RECOMMENDED ACTION:

(1)

Approve the Programmatic Agreement with the Arizona State Historic Preservation Office; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

D.

Consideration and Approval of Mutual Service Agreement:  Arizona Mutual Aid Compact.

 

RECOMMENDED ACTION:

Approve the Arizona Mutual Aid Compact with the State of Arizona and the Arizona Department of Emergency and Military Affairs.

 

E.

Consideration and Approval of Intergovernmental Agreement:  Public safety radio system.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the Northern Arizona University for resource, information, and cost sharing.

 

F.

Consideration and Approval of Intergovernmental Agreement:  Grant funds for the TGen North campus expansion.

 

 

RECOMMENDED ACTION:

Approve the Intergovernmental Agreement with the Governor’s Office of Economic Recovery and authorize acceptance of grant funds not to exceed $80,000.00.

 

G.

Consideration and Approval of Intergovernmental Agreement:  Use of Fire Department training facility.

 

 

RECOMMENDED ACTION:

Approve the Intergovernmental Agreement with Coconino County Community College.

Councilmember White moved to approve the Consent Calendar with the exception of Items D and F, seconded by Councilmember Brewster.  The motion passed unanimously.

 

Returning to Item D, Councilmember Babbott moved to accept the recommendation, seconded by Councilmember Karla Brewster.  The motion passed on unanimous vote.

 

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

 

Stacey Brechler-Knaggs, Grants Manager; Jim Zemzonak, developer; and Dave Engenthaler, Director, TGen North programs, participated in the discussion.

 

The grant money will be used by TGen for equipment and furniture.  TGen has been in Flagstaff for four years and created 28 jobs.  The company has been supported by a local collaboration of public and private agencies.  A spinoff company will be coming in the near future, that, if the grant funds are approved, will provide an additional 12 new jobs by next year.  TGen has entered into five different contracts and its goal is to come closer to the 25% self-funded threshold within five years. 

 

The motion passed on unanimous vote.

 

 

6.     ROUTINE ITEMS

 

A.

Consideration and Adoption of Resolution No. 2011-17:  A resolution approving an agreement for waiver of claims for diminution in value for land use laws applicable to property located at 510 South San Francisco.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-17 by title only.

Adopt Resolution No. 2011-17.

 

Councilmember Babbott moved to read Resolution No. 2011-17 by title only, seconded by Councilmember White.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2011-17

 

 

 

A resolution approving an agreement for waiver of claims for diminution in value for land use laws applicable to property located at 510 South San Francisco.

 

 

Councilmember Babbott moved to adopt Resolution  No. 2011-17.  The motion was seconded by Councilmember Brewster and passed unanimously.

 

B.

Consideration and 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 final time by title only.

Adopt Ordinance No. 2011-04.

Councilmember White moved to read Ordinance No. 2011-04 for the final time by title only, seconded by Brewster.  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.

 

 

Councilmember Overton moved to adopt Ordinance No. 2011-04, seconded by Councilmember   The vote was unanimous in favor.

 

C.

Consideration and Adoption of Resolution No. 2011-16:  A resolution of the Mayor and City Council of Flagstaff, Arizona, authorizing the submission of a bid response to the United States General Services Administration for the renovation and expansion of the United States Geological Survey campus.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-16 by title only.

Adopt Resolution No. 2011-16.

 

Councilmember Babbott moved to read Resolution No. 2011-16 by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2011-16

 

 

A resolution of the Mayor and City Council of Flagstaff, Arizona, authorizing the submission of a bid response to the United States General Services Administration for the renovation and expansion of the United States Geological Survey campus.

 

 

Upon motion by Councilmember Brewster and second by Councilmember Evans, the vote was unanimous in favor.

 

D.

Consideration and Possible Adoption of Ordinance No. 2011-05:  An ordinance of the Flagstaff City Council approving an intergovernmental agreement between the City of Flagstaff (the “City”) and Coconino County (the “County”) providing for the unrestricted conveyance of 2.94 acres of real property from the County to the City in exchange for the City assuming the County’s responsibility for the burial of the indigent dead.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2011-05 for the first time by title only.

 

Councilmember White moved to read Ordinance No. 2011-05 for the first time by title only, seconded by Councilmember Overton.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2011-05

 

 

An ordinance of the Flagstaff City Council approving an intergovernmental agreement between the City of Flagstaff (the “City”) and Coconino County (the “County”) providing for the unrestricted conveyance of 2.94 acres of real property from the County to the City in exchange for the City assuming the County’s responsibility for the burial of the indigent dead.

 

7.     RECESS

 

RECONVENE REGULAR MEETING

The meeting reconvened at 5:36 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 June 8, 2010, and Regular Council Meeting of January 4, 2011.

 

 

RECOMMENDED ACTION:

Approve the minutes as submitted/corrected.

 

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

 

11.    PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING

 

BOARD AND COMMISSION MEMBERS

 

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

 

13.    PUBLIC HEARING ITEMS

No items were submitted.

 

14.    REGULAR AGENDA

 

A.

Consideration and Approval of Design Services Contract #1:  Inner Basin pipeline reconstruction.

 

RECOMMENDED ACTION:

(1)

Approve the Design Services Contract with Hunter Contracting for the Guaranteed Maximum Price of
$128,800.00 and a contract completion time, of 30 calendar days; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

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

Randy Pellatz, Utilities Director; Paul Ryczkowski, Project Manager; Stacey Brechler-Knaggs, Grants Manager; and Mike Dexter, NEPA Coordinator for Coconino National Forest, provided additional information to the Council.

The Coconino National Forest, as part of the project, will receive the plans to build pipeline on the road.  The parties will work with and follow the Endangered Species Act and go through the regular process to determine mitigations.  The Forest Service will work with the City to clarify issues, possibly discuss other ways to do it, and then go through the NEPA process.  A fullblown environmental impact statement with categorical exclusions will be the outcome.  Flagstaff may qualify under the categorical exclusions.  The Forest Service wants to be as efficient as possible through NEPA while meeting regulations and working with the public. The proposal from the City will dictate how the NEPA process unfolds and focus on the category that the project qualifies for.  The parties already understand that the Mexican spotted owl and soil erosion are issues.   Fish and Game will be brought into the discussion because of the spotted owl.

The City is working to stay out of the wilderness and reroute the existing line.  The NEPA process can be concluded more quickly if the line is rerouted outside of the wilderness area because there are significantly more issues involved with going through a wilderness area.

The tree removal contract is for the Inner Basin pipeline reconstruction.  Applications have been submitted for grant funds to help with tree removal because FEMA will pay for only the concrete portion.  A hazard mitigation grant is one of the two applied for to fund the relocation piece.  The second grant request is to the Forest Service.  The tree removal contract is for trees that are a safety hazard and larger swath trees.  FEMA has not participated in the cost because they feel it is part of the fire and not a part of the flood declaration.  The State will could pick up 75% of the cost and staff is working to make that happen.

The Utilities Division is about $1.2 million under budget for the year primarily due to use of lake water which has reduced power costs from not using the wells.  Some vacancies have not been replaced and there are personnel costs savings.  Next year’s capital has been cut back by about $500,000 to be put toward the project.


There is no target date for project completion.  There are many uncertainties surrounding the spotted owl issues and the full extent of the damage has not been evaluated because the area has been impassable due to snow.  The winter will have caused additional damage to the area and no one knows how many trees are downed.  Staff hopes to begin laying the groundwork within 30 days and get information from contractors and the Forest Service.  FEMA’s deadline for completion of the project is April, 2012 and timing is critical from the funding standpoint.

The motion passed on unanimous vote.

 

B

Consideration and Approval of Service Agreement:  Solar photovoltaic electric energy generating systems.

 

RECOMMENDED ACTION:

(1)

Approve the agreement with Solar Power Partners/ APS Energy Services at the terms and conditions outlined in the staff summary attachment; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

Councilmember White moved to take the recommendation, seconded by Councilmember Brewster.

 

Nicole Woodman, staff representative and Ryan Hamilton, Solar Power Partners, participated in the discussion.

 

The owner, operator, and financer makes money from the sale and rate charged, as well as rebate and incentives.  There will be a substantial amount of public education through the use of public venues.  The Council previously directed pursuit of a power purchase agreement financing model.  The City will have no upfront capital costs and will be protected from rising energy costs.  Twelve systems will be installed at 7 sites:  the airport, Aquaplex, City Hall, United States Geological Service, Wildcat Wastewater Plant, Utility Shop, and the Rio de Flag plant.    In Year 11, the project will achieve a positive cash flow.  If the project works, two superstructures will be built on Utilities land.  The contract is for 20 years and covers 15% of the City’s electric consumption.  At the end of 20 years, the City will have an opportunity to purchase the systems at fair market value.  This action works toward the goal of utilizing renewable energy.

 

Operation and maintenance are the responsibility of Solar Power Partners and it is to their benefit to  keep them in good shape.  The contract provides for a 90% energy performance guarantee.  Any failure is a violation and the City will receive credit for energy that falls below that level.  The warranty exceeds the contract period by five years.  The technology as been proven for the last 30-40 years.  The systems should be up and operating by the winter.  Operation and maintenance procedures will be openly shared with City staff. 

 

APS Energy Services, Renewable Energy, did a feasibility analysis and selected the appropriate application based on lowest installation costs and best production value for the site.  Ground mount tracking is the main choice.  Single or dual access tracking is has been proposed where it is feasible.  The tracking systems and hardware have been proven technologies and vetted in large scale production scenarios. 

 

A declining percentage has been built into the contract over its life.  There is also a “change in law” provision that provides both parties the opportunity to come to the table and assess impacts and make a decision on how to move forward.

 

The motion passed on unanimous vote.

 

C.

Consideration and Approval of Amendments to the Draft Zoning Code:  Division 10-30.30, Heritage Preservation.

 

 

RECOMMENDED ACTION:

Approve the amendments listed in the staff summary attachment.

Councilmember Evans moved to approve the amendments listed in the staff summary attachment, seconded by Councilmember Brewster.

 

Phil Scandura spoke in support of the amendments as presented.

 

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

 

15.    DISCUSSION ITEMS

 

A.

Discussion/Direction:  iPads for City Council.

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

Mayor Presler discussed the reasons for considering electronic agendas and i-Pads to assist in that endeavor.  Her goals are shift policy to be more improved in technology use; meet Council goals; save money; if possible; reduce impact; and improve efficiency.

 

A majority of Council was not supportive of moving forward with purchasing i-Pads or using electronic agendas for meetings.

 

16.    PUBLIC PARTICIPATION

 

Alice Dunford expressed her pleasure in watching government in action and commended the Council for doing a great job.

 

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

 

FOR FUTURE AGENDA ITEMS

 

Vice-Mayor Barotz requested an update on SB 10214 at the next meeting.

 

Councilmember Babbott requested an update on gun legislation moving through the Legislature.

 

Mayor Presler asked for an executive update on licensing medical marijuana caregivers.

 

Upcoming events include a Greater Arizona Mayors’ Association meeting with the League of Arizona Cities and Towns and invited legislators, and the Navajo Nation groundbreaking event for their new casino at Twin Arrows.

 

18.     ADJOURNMENT

There being no further business to come before the Council, the meeting was adjourned at 7:12 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 15, 2011.  I further certifty that the Meeting was duly called and held and that a quorum was present.

 

DATED this 15th day of March, 2011

 

 

 

 

CITY CLERK