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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

 

May 3, 2011

12:00 p.m.

 

A meeting of the Flagstaff City Council was held on May 3, 2011 convening at 12:03 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, Excused

Councilmember Babbott, Excused

Councilmember Brewster

Councilmember Evans

Councilmember Overton

Councilmember White

 

Also present were:

 

 

Kevin Burke, City Manager

Rosemary Rosales, City Attorney

 

2.      PUBLIC PARTICIPATION

 

 

a.

Presentation of Law Day Proclamation.

 

This item was postponed to the 5:30 p.m. meeting.

 

 

b.

Call to the Public.

 

3.      BOARD AND COMMISION APPOINTMENTS

 

A.

Consideration of Applicants for Appointments:  Transportation 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 two appointments to terms expiring July, 2013, and two appointments to terms expiring July, 2014.

 

Mayor Presler moved to appoint Robert Mullen to the term expiring July, 2014.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

Councilmember Babbott requested that commissions be examined to determine appropriate membership requirements since many commissions have problems filling seats and meeting quorums.

 

4.      LIQUOR LICENSE PUBLIC HEARINGS

 

A.

Consideration of Liquor License Application:  Mark Wagner, “Flagstaff Butler Chevron”, 2295 E. Butler Ave., Series 09, 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 Evans moved to open the public hearing, with second from Councilmember Overton.  The motion passed on unanimous vote.

 

Sergeant Matt Wright conducted the background check on the applicant and found no reason to withhold approval of the application.  This is a license transfer.

 

Applicant, Mark Wagner, was present and provided Council with an overview of his experience in similar businesses.  Applicant has completed the State’s licensing class requirement and provides on-going training for employees regarding liquor laws.

 

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

 

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

 

5.     CONSENT ITEMS

 

A.

Consideration and Approval of Amendment One to Service Agreement:  Shelter Services.

 

 

RECOMMENDED ACTION:

Approve Amendment One with Flagstaff Shelter Services for Community Development Block Funds in the amount of $124,000.00 for building acquisition.

 

This item was pulled from the agenda.

 

B.

Consideration and Approval of Subrecipient Agreement:  Translational Genomics Research Institute (TGen) North facility expansion.

 

 

RECOMMENDED ACTION:

Approve the Subrecipient Agreement with the Translational Genomics Institute (TGen) North for American Recovery and Reinvestment Act of 2009 pass-through grant funding in the amount of $80,000.00.

 

Stacey Brechler-Knaggs, Grants Manager, and David Engelthaler, TGen, were present and participated in the discussion.  On March 15, 2011, Council approved the formal agreement with the Governor’s Office of Economic Recovery for a grant award for the expansion of TGen North’s facility.  Accepting the Subrecipient agreement will allow the City to pass through funding to TGen.  TGen’s employee base has been rapidly growing and is anticipated to continue to grow.

 

C.

Consideration and Approval of Construction Contract:  Sunnyside Phase V-B improvement project.

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with RTR Paving in the amount of $484,990.00, including a $40,000.00 contract allowance and a contract period of 120 calendar days;

 

 

(2)

Approve change order authority in the amount of $44,500.00 (10% of the contract amount, less allowance) for unanticipated additional work; and

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

Councilmember White moved to approve the recommended action, with second from Councilmember Evans.

 

Bret Peterson, Capital Improvements Senior Project Manager, was present and participated in the discussion.  The project is expected to be 80% complete when this job is concluded.  Water system adjustments will be minor since the capacity in this area is more than adequate.  New catch basins will be installed requiring the water line to be lowered.  The sidewalk plans include 5 foot sidewalks on both sides of the street.  Signage will be consistent with what currently exists; there is no funding to up-grade signage.

 

Flyers are placed on the residents’ doors to let the neighborhood know how the project is progressing and what to expect.  There has been considerable contact with the neighborhood.  The Seed and Weed Neighborhood Association has been, and will continue to be, kept informed.

 

The motion passed on unanimous vote.

 

D.

Consideration and Approval of Construction Contract:  Fourth Street and Sparrow Avenue traffic signal project.

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with Woodruff Construction in the amount of $228,694.37, which includes Alternate Item #1 in the amount of $4,603.20, plus an $18,880.00 contract allowance and a contract period of 75 calendar days;

 

 

(2)

Approve change order authority in the amount of $21,000.00 (10% of the contract amount less contract allowance) for unanticipated additional costs; and

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

Councilmember Babbott moved to approve the recommended action, seconded by Councilmember Evans.

 

E.

Consideration and Approval of Construction-Manager-At-Risk Design Contract:  Taxiway “A” rehabilitation and electrical upgrades.

 

 

RECOMMENDED ACTION:

(1)

Approve the Construction-Manager-At-Risk contract with Royal-Banicki Joint Venture in an amount not to exceed $40,964.93, subject to approval of the Federal Aviation Administration and Arizona Department of Transportation, Multi-Modal Division;

 

 

(2)

Approve change order authority in the amount of $2,048.25 (5%) to cover potential costs associated with unanticipated or additional items of work; and

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

F.

Consideration and Approval of Assignment and Transfers of Contracts:  Lobbying services.

 

 

RECOMMENDED ACTION:

Approve assignment and transfer of contracts from Landry Creedon and Associates Inc. to Nexxus Consulting, LLC.

 

Councilmember White moved to accept the recommended action.  The motion was seconded by Councilmember Brewster and passed on majority vote.  Voting in favor were Councilmembers Brewster, Evans, Overton and White.  Voting against was Mayor Presler.

 

G.

Consideration and Approval of Intergovernmental Agreement:  Trash and recycling services.

 

 

RECOMMENDED ACTION:

Approve the Intergovernmental Agreement with the City of Williams per the terms outlined in the staff summary attachment.

 

Pat Bourque, Environmental Services Operations Manager, was present and participated in the discussion.  Although the contract does not provide for a waste allowance, the City’s waste allowance standard is 25%.  The City of Williams provides its own transportation to the landfill.  No discussion has been had to provide trash in bales; it would require a different, separate operation to handle bales.  Staff is working with Norton Environmental to recycle more of the material.

 

H.

Consideration and Approval of Intergovernmental Agreement:  Recycling services.

 

 

RECOMMENDED ACTION:

Approve the Intergovernmental Agreement with the City of Winslow per the terms outlined in the staff summary attachment.

 

Councilmember White moved to approve consent items 5B, 5E, and 5H.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

6.     ROUTINE ITEMS

 

No items were submitted.

 

7.     RECESS

 

5:30 P.M. MEETING

 

RECONVENE REGULAR MEETING

 

The meeting reconvened at 5:40 p.m. and Mayor Presler called the meeting 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, Excused

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:  Regular Council Meeting of April 5, 2011 and Special Council Meeting of September 2, 2010.

 

 

RECOMMENDED ACTION:

Approve the minutes as submitted/corrected.

 

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

 

11.    PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING

 

BOARD AND COMMISSION MEMBERS

 

This item was carried over from the 12:00 p.m. meeting.

 

Silvia Streuss, DNA Peoples Legal Services and President of the Coconino County Bar Association, spoke about plans for Law Day.  This year’s theme is the legacy of John Adams, defending the principle of due process and the accused.  Local Middle and High School students will participate in Moot Court following the theme of unpopular defendants and issues.

 

Mayor Presler proclaimed May 5, 2011 as Law Day in Flagstaff.  The proclamation was read and presented to Silvia Streuss.

 

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

 

6D.

Consideration and Approval of Construction Contract:  Fourth Street and Sparrow Avenue traffic signal project.

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with Woodruff Construction in the amount of $228,694.37, which includes Alternate Item #1 in the amount of $4,603.20, plus an $18,880.00 contract allowance and a contract period of 75 calendar days;

 

 

(2)

Approve change order authority in the amount of $21,000.00 (10% of the contract amount less contract allowance) for unanticipated additional costs; and

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

Motion and second were previously made at the noon meeting.

 

Stu Seubert, Capital Improvement Engineer, spoke about community expectations and timelines.  Most construction awards require a period of three to four weeks before a notice to proceed can be issued.  This allows time to execute the contract, acceptance of bonds, insurance certificates, review of the project schedule, and traffic control.  The project will be completed by next school year if it is awarded in the next week.

 

The motion passed on unanimous vote.

 

13.    PUBLIC HEARING ITEMS

 

No items were submitted.

 

14.    REGULAR AGENDA

 

A.

Consideration and Possible Adoption of Ordinance No. 2011-06:  An ordinance of the Council of the City of Flagstaff amending Flagstaff City Code, Title 2, Chapter 2-08, Commission on Diversity Awareness, Section 2-08-001-0002, Creation of Commission; Section 2-08-001-0005, Meetings, Attendance, to add two alternate members, and redefine quorum requirements and role of alternate members.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2011-06 for the first time by title only.

 

Councilmember White moved to read Ordinance No. 2011-06 for the first time by title only, with second from Councilmember Babbott.  The motion passed on unanimous vote and title was read as follows:

 

Ordinance No. 2011-06

 

 

 

An ordinance of the Council of the City of Flagstaff amending Flagstaff City Code, Title 2, Chapter 2-08, Commission on Diversity Awareness, Section 2-08-001-0002, Creation of Commission; Section 2-08-001-0005, Meetings, Attendance, to add two alternate members, and redefine quorum requirements and role of alternate members.

 

 

B.

Consideration and Possible Adoption of Ordinance No. 2011-07:  An ordinance amending Title 3, “Business” of the Flagstaff City Code by adding a new Section 3-01-001-0012, “Exemptions”.

 

 

RECOMMENDED ACTION:

(1)

Read Ordinance No. 2011-07 for the first time by title only.

 

 

(2)

Move to consider the reading of Ordinance No. 2011-07 for the final time by title only.  (Requires unanimous affirmative vote.)

 

 

(3)

Move to read Ordinance No. 2011-07 for the final time by title only.

 

 

(4)

Adopt Ordinance No. 2011-07.

 

Councilmember Babbott moved to read Ordinance No. 2011-07 for the first time by title only.  The motion was seconded by Councilmember Evans.

 

Mayor Presler moved to recess into executive session.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

The meeting was reconvened at 6:24 p.m.

 

The motion passed on majority vote with Councilmembers Babbott, Brewster, Evans, Overton and White in favor and Mayor Presler opposed.  Title was read as follows:

 

 

Ordinance No. 2011-07

 

 

 

An ordinance amending Title 3, “Business” of the Flagstaff City Code by adding a new Section 3-01-001-0012, “Exemptions”.

 

 

Councilmember Babbott moved to consider the reading of Ordinance No. 2011-07 for the final time by title only, with second from Councilmember Evans.  The motion passed unanimously.

 

Councilmember White moved to read Ordinance No. 2011-07 for the final time by title only.  The motion was seconded by Councilmember Brewster and passed on majority vote.  Voting in favor were Councilmembers Babbott, Brewster, Evans, Overton and White, voting against was Mayor Presler.

 

Following the reading of Ordinance No. 2011-07 for the final time by title only,
Councilmember White moved to adopt Ordinance No. 2011-07, with second from Councilmember Brewster.  The motion passed on majority vote.  Voting in favor were Councilmembers Babbott, Brewster, Evans, Overton and White, voting against was Mayor Presler.

 

C.

Consideration and Approval of Amendments to the Draft Zoning Code:  Chapter 10-40 (Specific for Zones).

 

 

RECOMMENDED ACTION:

Approve the amendments listed in the staff summary attachment.

 

Councilmember Overton declared a conflict of interest:  Storage containers, Chapter 10-40-60-8.

 

Councilmember White moved to approve the recommended action with the exception of Chapter 10-40-60-8.  Councilmember Overton seconded the motion.

 

Roger Eastman, Zoning Code Administrator, was present and participated in the discussion.

 

The proposed R-1-N zone is essentially the MR.-L-E under a new name.  The uses, development standards and density remain the same.  The Land Development Code allows hospitals, but prohibits medical offices.  The new zoning code collapses medical offices and hospitals together.  Emergency services are covered under the unclassified uses in chapter 10-02 and are allowed.  Public services permitted include government facilities, which broadly defined includes emergency facilities, governmental facilities, emergency facilities, police stations, and other emergency facilities.  Historic overlays must be resident driven.

 

Speaking for the R-1-N change were:

 

 

Guy Elkland

 

Gary Bowman

 

Charlie Silver

 

Speaking against the R-1-N change were:

 

 

Tony Gonzales, Attorney, representing Charlotte Welch

 

Chris Scully

 

Paul Dutton

 

Linda Quinn

 

Robert Best

 

Richard Mosley

 

Dorothy Dell’Orefice

 

Duffie Westheimer

 

Mayor Presler moved to amend to delete medical services as a use and definition throughout the code, and to substitute in the existing use of hospitals in the current code and apply it the R-1-N zone; and to clarify that emergency services is an existing use under public facility uses.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

Councilmember Evans moved to remove Section 10-40.60.270 from the amendments, seconded by Mayor Presler and passed unanimously.

 

The underlying motion was passed on unanimous vote.

 

Councilmember Overton declared a conflict of interest on section 10-40-60-8, left the dais and did not participate in the discussion or the vote.

 

Councilmember Evans moved to approve section 10-40-60-8, with second by Councilmember White.  The motion passed on majority vote with Mayor Presler, Councilmembers Brewster, Evans, and White voting in favor and Councilmember Babbott voting against.

 

Council agreed that when the Zoning Code and the Regional Plan are both approved, that the two documents be compared to address any conflicts.

 

D.

Consideration and Adoption of Resolution No. 2011-21:  A resolution approving the City of Flagstaff 2011/2012 Annual Action Plan and authorizing its submission to the United States Department of Housing and Urban Development.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-21 by title only.

Adopt Resolution No. 2011-21.

 

Councilmember White moved to read Resolution No. 2011-21 by title only, with second from Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2011-21

 

 

 

A resolution approving the City of Flagstaff 2011/2012 Annual Action Plan and authorizing its submission to the United States Department of Housing and Urban Development.

 

 

Councilmember Evans moved to adopt Resolution No. 2011-21.  The motion was seconded by Councilmember Brewster and passed unanimously.

 

15.    DISCUSSION ITEMS

 

No items were submitted.

 

16.    PUBLIC PARTICIPATION

 

None.

 

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

 

FOR FUTURE AGENDA ITEMS

 

Council past and future activities clued the violin concert at Heritage Square performed by 300 students from Marshall School, a proclamation and dedication of Adrian Garcia, Sr., ballfield, Northern Arizona Interfaith Counsel Leadership Assembly meeting, State of Black Arizona leadership conference, Literacy Volunteers Spelling Bee, Greater Arizona Mayors’ Association meeting, Flynn Foundation meeting, Arizona Department of Transportation Dinner, and War Memorial ceremony.

 

Councilmember Brewster requested an update on plans to address the Municipal Court building and parking garage issues.

 

Councilmember White will attend the Greater Arizona Mayors’ Association meeting on May 20 in Prescott.

 

18.     ADJOURNMENT

 

There being no further business to come before the Council, the meeting was adjourned at 7:48 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 May 3, 2011.  I further certifty that the Meeting was duly called and held and that a quorum was present.

 

DATED this 5th day of July, 2011.

 

 

 

 

CITY CLERK