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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 17, 2011

 

12:00 p.m.

 

A meeting of the Flagstaff City Council was held on Tuesday, May 17, 2011 convening at 12:01 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- Excused

Councilmember Overton

Councilmember White

 

Also present were:

 

 

Kevin Burke, City Manager

Rosemary Rosales, City Attorney

 

2.      PUBLIC PARTICIPATION

 

Kent McClain, former City Manager, presented City Manager, Kevin Burke, with the “City Manager bolo tie” that was gifted to Mr. McClain by Mayor Babbitt.

 

Kevin Tye requested consideration of a public/private partnership, multi-use shopping area in McPherson Park.  He would like to see a pond, sledding area and other recreation attractions.

 

3.      BOARD AND COMMISSION APPOINTMENTS

 

A.

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 one appointment to an at-large term expiring June, 2014, and one appointment to a partial at-large term expiring June, 2012.

 

Councilmember Overton moved to appoint Ann Doyle and Laura Kelly as at-large commissioners to terms expiring in 2014.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

4.  LIQUOR LICENSE PUBLIC HEARING

 

A.

Consideration and Approval of Liquor License Application:  Amanda Wilson, “Pasto”, 19 E. Aspen Ave., 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 White moved to open the public hearing, seconded by Councilmember Overton.  The motion passed on unanimous vote.

 

Sergeant Matt Wright conducted the background investigation and found no reason to deny approval of the application.

 

Applicant, Amanda Wilson, was present and available for questions.  She has attended the state mandated licensing class.

 

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

 

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

 

B.

Consideration and Approval of Liquor License Application:  Jay Ithape, “66 Grill and Bar”, 1000 W. Route 66, 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 White moved to open the public hearing, seconded by Councilmember Brewster.  The motion passed on unanimous vote.

 

Sergeant Matt Wright conducted the background investigation and found no negative information.  The investigation confirmed that the applicant has completed the State’s mandatory licensing classes.

 

Jay Ithorpe, the applicant, was available for questions.

 

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

 

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

 

C.

Consideration and Approval of Liquor License Application:  Scott Gunty, “Scott’s Chicago Pizza”, 103 W. Birch Ave., 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 White moved to open the public hearing, seconded by Councilmember Babbott.  The motion passed unanimously.

 

Sergeant Matt Wright conducted the background investigation and found no reason to deny recommendation for approval.  The applicant has attended the State’s mandatory license course.

 

Applicant, Scott Gunty, was present and provided Council with a brief description of his business.

 

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

 

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

 

5.     CONSENT ITEMS

 

A.

Consideration and Approval of Purchase Under Arizona State Contract:  Visitor Center – Amtrak building roof replacement.

 

 

RECOMMENDED ACTION:

Approve the purchase under the Arizona State Contract in the amount of $59,000.00 plus a 15% contract allowance of $8,850.00.

 

B.

Consideration and Approval of Settlement of Employment Claim:  Employee L. Matthews.

 

 

RECOMMENDED ACTION:

Authorize employment settlement reached with employee L. Matthews in the amount of $55,100.00.

 

Mayor Presler declared a conflict of interest and excused herself from the discussion and vote.

 

Councilmember White moved to accept the recommended action, seconded by Councilmember Brewster and passed on unanimous vote with Mayor Presler being excused due to a conflict of interest.

 

C.

Consideration and Approval of Amendment One to Intergovernmental Agreement:  Sign management and traffic sign replacement.

 

 

RECOMMENDED ACTION:

Approve Amendment One to Intergovernmental Agreement with Arizona Department of Transportation for fiscal year 2011 Highway Safety Improvement Program in the amount of $50,000.00.

 

D.

Consideration and Approval of Intergovernmental Agreement:  Intersection studies – Lone Tree/Zuni and Switzer Canyon/Turquoise.

 

 

RECOMMENDED ACTION:

Approve Intergovernmental Agreement with Arizona Department of Transportation for fiscal year 2011 Highway Safety Improvement Program in the total amount of $230,000.00.

 

E.

Consideration and Approval of Intergovernmental Agreement:  Transverse pavement marking.

 

 

RECOMMENDED ACTION:

Approve Intergovernmental Agreement with Arizona Department of Transportation for fiscal year 2011 Highway Safety Improvement Program in the amount of $150,000.00.

 

F.

Consideration and Approval of Intergovernmental Agreement:  Guardrail improvements.

 

 

RECOMMENDED ACTION:

Approve Intergovernmental Agreement with Arizona Department of Transportation for fiscal year 2011 Highway Safety Improvement Program in the total amount of $110,000.00.

 

G.

Consideration and Approval of Intergovernmental Agreement:  Beulah Boulevard bike lanes.

 

 

RECOMMENDED ACTION:

Approve Intergovernmental Agreement with Arizona Department of Transportation for fiscal year 2011 Highway Safety Improvement Program in the total amount of $26,511.00 ($25,000.00 Federal share, $1,511.00 City share).

 

H.

Consideration and Approval of Intergovernmental Agreement:  Economic development in Flagstaff.

 

 

RECOMMENDED ACTION:

Approve the Intergovernmental Agreement with the Governor’s Office of Economic Recovery for State Fiscal Stabilization Funds and authorize receipt in the amount of $1,000,000.00.

 

I.

Consideration and Approval of Alcohol Service:  Flagstaff Music Festival.

 

 

RECOMMENDED ACTION:

Approve the serving of alcohol at Heritage Square for Flagstaff Music Festival on Saturday, June 18, 2011 through Sunday, June 19, 2011.

 

Councilmember Babbott moved to approve the recommended action.  The motion was seconded by Councilmember White.

 

Glorice Brehl, Senior Recreation Coordinator, was present and participated in the discussion.  The event is expected to draw a couple thousand people.  All requirements of the Fire Department have been met.

 

Matt Sigler, past holder of the liquor license, spoke in favor of approval, citing that the profit goes to Heritage Square Trust.  Alcohol sales are a major revenue source for the event.

 

Mike Taylor, Director Flagstaff Music Festival, spoke in favor of approval.  The event has sold alcohol for the past three years.  He has met with the local business and does not believe they compete with them.

 

The motion passed on unanimous vote.

 

J.

Consideration and Approval of Street Closure:  2011 Route 66 Days Charity Car Show.

 

 

RECOMMENDED ACTION:

Approve the street closure for Aspen Ave between Humphreys and San Francisco; Birch between Humphreys and San Francisco on Saturday, September 10, 2011.

 

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

 

Elizabeth Neumeyer spoke on behalf of the Route 66 Car Club.  Many locations have been considered for the event but the location to Wheeler Park and downtown is preferred.  The concern with going to the Southside is crossing Route 66.  Proceeds from the event are donated to local charities.

 

The motion passed on unanimous vote.

 

K.

Consideration and Approval of Amendment One to Intergovernmental Agreement:  Residential energy efficiency programming and workforce development initiatives.

 

 

RECOMMENDED ACTION:

Approve Amendment One to Intergovernmental Agreement with Coconino County, authorizing the use of Living Cities LLC. grant funds to increase the agreement amount by $3,678.00, for a total contract amount of $61,822.00.

 

Councilmember Brewster moved to approve the Consent Agenda with the exceptions of Items 5B, 5I and 5J.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

6.     ROUTINE ITEMS

 

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 2-08-001-0003, Terms of Office; and 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 final time by title only.

Adopt Ordinance No. 2011-06.

 

Councilmember White moved to read Ordinance No. 2011-06 for the first time by title only.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.  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 2-08-001-0003, Terms of Office; and Section 2-08-001-0005, Meetings, Attendance, to add two alternate members, and redefine quorum requirements and role of alternate members.

 

 

7.     RECESS

 

5:30 P.M. MEETING

 

RECONVENE REGULAR MEETING

 

The meeting reconvened at 5:34 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, Excused

Councilmember Overton

Councilmember White

 

Also present were:

 

 

Kevin Burke, City Manager

Rosemary Rosales, City Attorney

 

10.    APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

 

11.    PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING

 

BOARD AND COMMISSION MEMBERS

 

 

a.

Presentation of Wildfire Awareness Proclamation.

 

Mayor Presler read the Wildfire Awareness Proclamation, proclaiming May 14, 2011 as Wildfire Awareness Week in Flagstaff.  The proclamation was presented to Mark Burrell, Flagstaff Fire Department

 

Mark Burrell, thanked the Mayor for the proclamation and talked about wildfire preparedness efforts that lead to reducing the risk of catastrophic wildfire.

 

 

b.

Open Call to the Public.

 

Kerry Blume spoke about the volunteer income tax assistance program and its benefits to the community.

 

Andy Fernandez expressed his unhappiness with bonds, bond projects, Ponderosa Parkway, a new municipal facility, transparency in government, and the 12:00 p.m. Council meetings.

 

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

 

None.

 

13.    PUBLIC HEARING ITEMS

 

No Items were submitted.

 

14.    REGULAR AGENDA

 

A.

Consideration and Approval of Amendment Number One to Design/Build Agreement:  Inner Basin pipeline reconstruction.

 

 

RECOMMENDED ACTION:

(1)

Approve Amendment Number One with Hunter Contracting in the amount of $192,027.00 and a contract completion time of 30 calendar days.

 

 

(2)

Authorize City Manager to execute the necessary documents.

 

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

 

B.

Consideration and Adoption of Ordinance 2011-09:  An ordinance authorizing the City of Flagstaff to transfer title to approximately 20 acres of land at South Lone Tree Road and East Sawmill Road to Campus Crest Development, LLC.

 

 

RECOMMENDED ACTION:

(1)

Read Ordinance No. 2011-09 for the first time by title only.

 

 

(2)

Move to consider the reading of Ordinance No. 2011-09 for the final time by title only.  Requires unanimous vote of the Council.

 

 

(3)

Read Ordinance No. 2011-09 for the final time by title only.

 

 

(4)

Adopt Ordinance No. 2011-09.

 

Councilmember White moved to read Ordinance No. 2011-09 for the first time by title only, seconded by Councilmember Babbott.

 

Jim Cronk, Planning Director, Barbara Goodrich, Management Services Director, and Mike Hartnett, co-founder and co-chairman of Campus Crest Communities participated in the discussion.

 

Two bids were received; one which was withdrawn a week later, and one for the entire property at the full amount of $9,937,000.00.  The bidder proposed payment in full of the property bond debt for 2/3 of the parcel and assumption of the bond debt for the remaining 1/3 of the property.  Purchase price is actually $10,038,717.34 to account for the reimbursement of previous payments, interest, and prepayments.  The closing date is July 12, 2011, at which time, the bidder will pay $7,413,577.00; with the remainder being paid by assuming the remaining bond debt.  The contract and sales agreement is signed by the bidder.  The City owes $9,000,000.00 on the southern half of the parcel, of which $6,400,000.00 will be paid off within 30 days of closing.  This is the bond requirement and there is no prepayment penalty.  Of the remaining $2,600,000.00, Campus Crest will deposit $202,000.00 to prepay the following year’s interest and payments on the remaining one-third of the bond debt.  The City is working with Red on the pre-payment of the current year.  Should any issues with future payment arise, the fallback provisions that are in place for the northern half of the parcel will also be in place for the southern half.

 

Campus Crest Communities is a publicly traded company; well capitalized with 17,000 beds managed across the United States.  The company has been interested in Flagstaff for some time and this parcel meets their strict criteria.  The development will be aesthetically pleasing and well managed.  General managers will live on campus and community advisers will reside in the community.

 

The motion passed unanimously and title was read as follows:

 

Ordinance No. 2011-09

 

 

An ordinance authorizing the City of Flagstaff to transfer title to approximately 20 acres of land at South Lone Tree Road and East Sawmill Road to Campus Crest Development, LLC.

 

 

Councilmember White moved to consider the reading of Ordinance No. 2011-09 for the final time by title only, seconded by Councilmember Brewster.  The motion passed on unanimous vote.

 

Councilmember Overton moved to read Ordinance No. 2011-09 for the final time by title only.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

Following the reading of Ordinance No. 2011-09 for the final time by title only, Councilmember White moved to adopt, seconded by Councilmember Brewster and passed unanimously.

 

C.

Consideration and Approval of Real Estate Purchase and Sale Agreement:  City-owned property at South Lone Tree Road and East Sawmill Road.

 

 

RECOMMENDED ACTION:

Approve the Real Estate Purchase and Sale Agreement with Campus Crest Development, LLC. in the amount of    $10,038,717.34.

 

Kevin Burke, City Manager, and Barbara Goodrich, Management Services Director, participated in the discussion.  The taxpayers’ dollars have been protected and a productive use of the property has been achieved.  This is a great accomplishment.  The administrative bid fee will amount to $30,000 in recoupment to offset administrative costs and closing costs will go to the title company.

 

The City took on this project years ago to do infill, development, and work on remediating a brownfield.  The success of this project has brought infrastructure, commercial activity, and the ability to create homes for people.

 

Andy Fernandez spoke in favor.

 

The motion passed on unanimous vote.

 

15.    DISCUSSION ITEMS

 

A.

Review and Discussion of Draft Zoning Code:  Initial Policy Discussion on Divisions 10-50.100 through 10-50.120 of Chapter 10-50 (Supplemental to Zones).

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

Roger Eastman, Zoning Code Administrator, participated in the discussion.  Current code has allowed for one temporary sign when setting up a store, with no other opportunities.  The changes would allow four types of temporary signs with a permit process:  A-frame signs, vertical banners, projecting signs and wall banners.  No A-frame signs will be allowed in the public right-of-way and no more than one type of sign may be used at any one time.  A “Grand Opening Sign” would be allowed for 30 days and a “Going Out of Business” sign, for 45 days.

 

Council direction was to allow a 30 day duration for “Going Out of Business” signs to conform to the duration of the “Grand Opening Sign”.

 

Council raised concerns regarding the use of vehicles as signs for the premises.  There was no objection to directing the legal department to look into a system to distinguish between a legitimate business vehicle and a vehicle being used as a sign.

 

The current system for tracking temporary signs will be used to insure compliance.  It will be computer based.

 

16.    PUBLIC PARTICIPATION

 

None.

 

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

 

FOR FUTURE AGENDA ITEMS

 

Recent and upcoming Council activities included Soar into Spring Festival, Fiesta de Mayo celebration, visit to Fire Station No. 4, Black Union Convocation, Native American Convocation, Bike-to-Work Week parade, annual FMPO/ADOT dinner, Armed Forces Day parade, Airport open house, American Legion 9-1-1- Memorial display at the Library, and Northern Arizona University Many Hands Community Day.

 

Councilmember Brewster requested the City Manager to look into resources to recoup the $1,000,000.00 cost to repair the dam.

 

Kristin Smith was congratulated on her recent promotion to Fire Marshall.

 

18.     ADJOURNMENT

 

There being no further business to come before the Council, the meeting was adjourned at 7:11 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 17, 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