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NOTE:
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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.
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SUMMARIZED MINUTES
COUNCIL MEETING
July 5, 2011
12:00 p.m.
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A meeting of the Flagstaff City Council was held on Tuesday, July 5,
2011 convening at 12:03 p.m. in the Council Chambers at City Hall, 211 West Aspen Avenue, Flagstaff, Arizona.
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CALL TO ORDER
The meeting was called to order by Mayor Presler.
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1. ROLL CALL
On roll call, the following were present:
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Mayor Presler
Vice Mayor Barotz
Councilmember Babbott
Councilmember Brewster
Councilmember Evans
Councilmember Overton
Councilmember White
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Also present were:
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Kevin Burke, City Manager
Rosemary Rosales, City Attorney
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2. PUBLIC
PARTICIPATION
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None.
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3. BOARD AND COMMISSION APPOINTMENTS
None.
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4. LIQUOR LICENSE PUBLIC HEARINGS
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A.
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Consideration of and
Action on Liquor License Application: Glenn Kvidahl, “Walkup
Skydome”, 1705 S. San Francisco St., Series 06, New License.
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RECOMMENDED ACTION:
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Open the public hearing.
Receive citizen input.
Close the public hearing.
The City Council has the option to:
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(1)
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Forward the application to the State with a recommendation for
approval;
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(2)
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Forward the application to the State with no recommendation; or
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(3)
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Forward the application to the State with a recommendation for denial
based on the testimony received at the public hearing and/or other factors.
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Councilmember Babbott moved to open the public hearing, with second
from Councilmember Overton. The motion passed unanimously.
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Sergeant Matt Wright conducted the background investigation and found
no derogatory information. The State’s mandatory liquor license course has
been completed by the applicant. Alcohol will not be sold to the general
public; alcohol will only be served in the suites. There is no reason to
withhold approval.
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Councilmember Babbott moved to close the public hearing. The motion
was seconded by Councilmember Brewster and passed on unanimous vote.
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Councilmember Babbott moved to forward the application to the State
with a recommendation for approval, with second from Councilmember White.
The motion passed unanimously.
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B.
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Consideration of and Action on Liquor License Application:
David Ledbetter, NiMarco’s Pizza, 1800 S. Milton Rd., #7, Series 12, New
License.
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RECOMMENDED ACTION:
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Open the public hearing.
Receive citizen input.
Close the public hearing.
The City Council has the option to:
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(1)
|
Forward the application to the State with a recommendation for
approval;
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(2)
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Forward the application to the State with no recommendation; or
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(3)
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Forward the application to the State with a recommendation for denial
based on the testimony received at the public hearing and/or other factors.
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Councilmember Babbott moved to open the public hearing, with second
from Councilmember Evans.
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Sergeant Matt Wright conducted the background investigation. His
findings showed a driving under the influence charge from ten years ago that
was reduced to reckless driving. No other derogatory information was found
and the applicant has attended the State mandated licensing course. No
reason was found to recommend denial of the application.
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Councilmember Babbott moved to close the public hearing. The motion
was seconded by Councilmember Evans and passed on unanimous vote.
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Councilmember Babbott moved to forward the application to the State
with a recommendation for approval. The motion was seconded by Councilmember
Evans and passed unanimously.
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C.
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Consideration of and Action on Liquor License Application:
Franklin Conley, “Safeway #1225” (gas station), 1490 E. Cedar Ave., Series
10, New License.
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RECOMMENDED ACTION:
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Open the public hearing.
Receive citizen input.
Close the public hearing.
The City Council has the option to:
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(1)
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Forward the application to the State with a recommendation for
approval;
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(2)
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Forward the application to the State with no recommendation; or
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(3)
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Forward the application to the State with a recommendation for denial
based on the testimony received at the public hearing and/or other factors.
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Councilmember White moved to open the public hearing, with second from
Councilmember Brewster. The motion passed unanimously.
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Sergeant Matt Wright conducted the background investigation and found
no derogatory records. The applicant has attended the State’s mandatory
license course and the site manager will be attending the mandatory
training. The site is 792 feet from the nearest school and therefore meets
the distance requirements. The recommendation is for approval.
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Applicant’s attorney, Andrea Lenleonite, participated in the
discussion.
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Cooucilmember Brewster moved to close the public hearing. The motion
was seconded by Councilmember Evans and passed on unanimous vote.
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Councilmember Brewster moved to forward the application to the State
with recommendation for approval, with second from Councilmember Evans. The
motion passed unanimously.
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5. CONSENT ITEMS
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A.
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Consideration and Approval of Purchase under Arizona State Contract: Public safety portable radios.
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RECOMMENDED ACTION:
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Approve the purchase in the amount of $89,700.00.
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B.
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Consideration and Approval of Amendment One to Ground Lease: Extension of application term for
Section 202 housing for the elderly.
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RECOMMENDED ACTION:
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(1)
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Approve Amendment One with Aztec Acres Corporation; and
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(2)
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Authorize the City Manager to execute the necessary documents.
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Councilmember Overton moved to approve the recommended action, with
second from Councilmember Babbott.
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Mike Gouhin, Executive Director, Flagstaff Housing Authority, and Dana
Kjellgren, Senior Deputy City Attorney, participated in the discussion. The Aztec
Acres Corporation is a separate non-profit corporation established by the
Flagstaff Housing Authority to make application to the Department of Housing
and Urban Development for funding.
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The motion passed on unanimous vote.
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C.
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Consideration of First Amendment to Service Agreement:
Community agriculture project year-round food production.
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RECOMMENDED ACTION:
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(1)
|
Approve the First Amendment with Flagstaff Foodlink; and
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(2)
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Authorize the City Manager to execute the necessary documents.
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Councilmember Babbott declared a conflict of interest, was excused
from the dais, and did not participate in the discussion or vote.
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Councilmember White moved to approve the recommended action, with
second from Councilmember Evans. The motion passed on unanimous vote.
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D.
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Consideration and Approval of Service Agreement:
Upgrades for the public safety computer automated records software and
I-Leads server.
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RECOMMENDED ACTION:
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(1)
|
Approve the service agreement with Intergraph Corporation in the
amount of $121,355.00, plus applicable taxes.
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(2)
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Authorize the City Manager to execute the necessary documents.
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E.
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Consideration and Approval of Amendment No. 3 to Design Services
Contract: Inner Basin Pipeline.
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RECOMMENDED ACTION:
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(1)
|
Approve Amendment No. 3 with Hunter Contracting for a guaranteed
maximum price of $30,792.00 and a contract completion time of 30 calendar
days; and
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(2)
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Authorize the City Manager to execute the necessary documents.
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F.
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Consideration and Approval of Surety Completion Agreement:
Presidio in the Pines.
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RECOMMENDED ACTION:
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(1)
|
Approve the Surety Completion Agreement with American Contractors
Indemnity Company; and
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(2)
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Authorize the City Manager to execute the necessary documents.
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Councilmember White moved to approve the consent agenda with the
exception of Items 5B and 5C. The motion was seconded by Councilmember Evans
and passed on unanimous vote.
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6. ROUTINE ITEMS
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A.
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Consideration and Adoption of Ordinance No. 2011-10:
An ordinance of the Council of the City of Flagstaff amending Flagstaff City
Code, Title 1, Chapter 1-15, Fees to be Charged by the City Court, Section
1-15-001-0008; and Section 1-15-001-0009, Establishment of Funds and Allocation
of Fees.
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RECOMMENDED ACTION:
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Read Ordinance No. 2011-10 for the final time by title only.
Adopt Ordinance No. 2011-10.
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Councilmember White moved to read Ordinance No. 2011-10 for the final
time by title only. The motion was seconded by Councilmember Babbott; passed
unanimously; and title was read as follows:
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Ordinance No. 2011-10
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An ordinance of the Council of the City of Flagstaff amending
Flagstaff City Code, Title 1, Chapter 1-15, Fees to be Charged by the City
Court, Section 1-15-001-0008; and Section 1-15-001-0009, Establishment of
Funds and Allocation of Fees.
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Don Jacobson, Court Administrator, participated in the discussion.
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Councilmember White moved to adopt Ordinance No. 2011-10, with second
from Councilmember Brewster. The motion passed on unanimous vote.
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B.
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Consideration and Adoption of Resolution No. 2011-29: A resolution approving an
extension of the temporary building fee waiver program for an additional
thirty-day period.
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RECOMMENDED ACTION:
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Read Resolution No. 2011-29 by title only.
Adopt Resolution No. 2011-29.
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Councilmember Brewster moved to read Resolution No. 2011-29 by title
only. The motion was seconded by Councilmember White.
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Servando Prado, Development Services Supervisor; Mark Landsiedel,
Community Development Director; and Kevin Burke, City Manager, participated
in the discussion.
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There are eleven projects outstanding that have participated in the building
fee waiver program. Projects not completed within the terms of the contracts
will be required to pay the fees previously waived by the City.
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A report on the success of the program will be provided.
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The motion failed on majority vote. Voting in favor was Councilmember
Brewster; voting against were Mayor Presler, Vice-Mayor Barotz, Councilmembers
Babbott, Evans, Overton and White.
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7. RECESS
The meeting was recessed at 12:22 p.m.
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5:30 P.M. MEETING
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RECONVENE REGULAR MEETING
The meeting reconvened at 5:34 p.m. and Mayor Presler called the
meeting back to order.
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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.
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9. ROLL CALL
On roll call the following were present:
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Mayor Presler
Vice Mayor Barotz
Councilmember Babbott
Councilmember Brewster
Councilmember Evans
Councilmember Overton
Councilmember White
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Also present were:
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Kevin Burke, City Manager
Rosemary Rosales, City Attorney
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10. APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
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A.
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Consideration of Minutes: Regular Council meetings of January 18, 2011; May 3, 2011; and May
17, 2011.
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RECOMMENDED ACTION:
|
Approve the minutes as submitted/corrected.
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Councilmember Overton moved to approve the recommended action, with
second from Councilmember White. The motion passed on unanimous vote.
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11. PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING
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BOARD AND COMMISSION MEMBERS
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Lee Harsh spoke to bicycles, bicycle laws, and bicycle awareness.
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John Malin, Continental Country Club, spoke to reclaimed water issues
that Continental is experiencing related to diminished water flow caused by waterline
repairs that have been undertaken by the City.
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Staff will follow-up on Mr. Malin’s concerns.
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12. CARRY OVER ITEMS FROM THE 12:00 NOON AGENDA
None.
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13. PUBLIC HEARING ITEMS
None.
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14. REGULAR AGENDA
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A.
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Consideration and Adoption of Resolution No. 2011-28:
A resolution of the City Council of the City of Flagstaff, Arizona, declaring
as a public record that certain document filed with the City Clerk entitled
“2011 Amendments to City Code, Title 4, Building Regulations.”
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RECOMMENDED ACTION:
|
Read Resolution No. 2011-28 by title only.
Adopt Resolution No. 2011-28.
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Councilmember White moved to read Resolution No. 2011-28 by title
only. The motion was seconded by Councilmember Babbott.
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Mike Scheu, Building Inspection Manager, and Jim Cronk, Planning
Director, participated in the discussion.
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Public forums were held with many local and professional
associations. Support for the adoption of the amendments, and a six year
code adoption cycle, was unanimous among those participating in the
outreach. Fees and costs will be monitored to determine the impact of the
amendments on builders and developers.
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David Monihan spoke in favor of the adoption of the amendments and a
6-year code adoption cycle beginning in 2012.
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The motion passed on unanimous vote and title was read as follows:
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Resolution No. 2011-28
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A resolution of the City Council of the City of Flagstaff, Arizona,
declaring as a public record that certain document filed with the City Clerk
entitled “2011 Amendments to City Code, Title 4, Building Regulations.”
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Councilmember White moved to adopt Resolution No. 2011-28, with second
from Councilmember Babbott. The motion passed on unanimous vote.
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B.
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Consideration and Possible Adoption of Ordinance No. 2011-12: An ordinance of the City Council of
the City of Flagstaff, Arizona, amending Flagstaff City Code, Title 4,
Building Regulations, by adopting the “2011 Amendments to City Code, Title 4,
Building Regulations”, by reference; and repealing Chapter 4-10, Uniform
Housing Code, 1997 Edition and amendments; and Uniform Code for the Abatement
of Dangerous Buildings, 1997 Edition, and Amendments; and Chapter 4-11, Sign
Code.
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RECOMMENDED ACTION:
|
Read Ordinance No. 2011-12 for the first time by title only
.
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|
Councilmember Brewster moved to read Ordinance No. 2011-12 for the
first time by title only. The motion was seconded by Councilmember Overton
and passed unanimously. Title was read as follows:
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Ordinance No. 2011-12
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An ordinance of the City
Council of the City of Flagstaff, Arizona, amending Flagstaff City Code,
Title 4, Building Regulations, by adopting the “2011 Amendments to City Code,
Title 4, Building Regulations”, by reference; and repealing Chapter 4-10,
Uniform Housing Code, 1997 Edition and amendments; and Uniform Code for the
Abatement of Dangerous Buildings, 1997 Edition, and Amendments; and Chapter
4-11, Sign Code.
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C.
|
Consideration and Adoption of Ordinance No. 2011-13:
An ordinance of the Council of the City of Flagstaff, Coconino County,
Arizona, providing that the Intergovernmental Agreement, made March 16, 2011,
with the Arizona Board of Regents for and on behalf of Northern Arizona
University, the principal dollar component of which shall be $4,032,086.64
and the purpose for which is purchasing a public safety/city operations
communication system, evidences indebtedness of the City pursuant to A.R.S.
Section 35-458; authorizing the levy of an Ad Valorem property tax
sufficient to pay such principal and related interest thereon; and declaring
an emergency.
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RECOMMENDED ACTION:
|
(1)
|
Read Ordinance No. 2011-13 for the first time by title only.
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|
|
(2)
|
Move to consider the reading of Ordinance No. 2011-13 for the final
time by title only. (Requires unanimous affirmative vote.)
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|
|
|
(3)
|
Read Ordinance No. 2011-13 for the final time by title only.
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(4)
|
Adopt Ordinance No. 2011-13. (Requires six affirmative votes.)
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Councilmember Babbott moved to read Ordinance No. 2011-13 for the
first time by title only. The motion was seconded by Councilmember Evans.
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Barbara Goodrich, Management Services Director, participated in the
discussion. The emergency clause was appropriate in order to add additional
time to negotiate.
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|
The motion passed on unanimous vote and title was read as follows:
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Ordinance No. 2011-13
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|
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An ordinance of the Council of the City of Flagstaff, Coconino County,
Arizona, providing that the Intergovernmental Agreement, made March 16, 2011,
with the Arizona Board of Regents for and on behalf of Northern Arizona
University, the principal dollar component of which shall be $4,032,086.64
and the purpose for which is purchasing a public safety/city operations
communication system, evidences indebtedness of the City pursuant to A.R.S.
Section 35-458; authorizing the levy of an Ad Valorem property tax
sufficient to pay such principal and related interest thereon; and declaring
an emergency.
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Councilmember White moved to consider the reading of Ordinance No.
2011-13 for the final time by title only. The motion was seconded by
Councilmember Evans and passed on unanimous vote.
|
|
Councilmember White moved to read Ordinance No. 2011-13 for the final
time by title only, with second from Councilmember Babbott. The motion
passed unanimously.
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|
Following the reading, Councilmember White moved to adopt Ordinance
No. 2011-13. The motion was seconded by Councilmember Evans and passed on
unanimous vote.
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|
D.
|
Consideration and Adoption of Ordinance No. 2011-14:
An ordinance of the Council of the City of Flagstaff, Coconino County,
Arizona, approving and authorizing the sale and issuance of City of
Flagstaff, Arizona General Obligation and General Obligation Refunding Bonds,
Series 2011 for the purpose of fire fighting facilities and equipment, a
public safety/city operations communication system, and street and utility
improvements in the total aggregate principal amount of not to exceed
$12,750,000 and all matters related thereto; prescribing certain terms and
conditions of such bonds including the delegation to the Management Services
Director of the City to designate the final principal amount, maturities,
interest rates and yields and other matters with respect to such bonds as
well as certain matters with respect to certain bonds being refunded with the
proceeds of the sale thereof; awarding a contract for the purchase of said
bonds; ratifying the distribution of a preliminary official statement and
approving a final official statement; and declaring an emergency.
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|
|
RECOMMENDED ACTION:
|
(1)
|
Read Ordinance No. 2011-14 for the first time by title only.
|
|
|
|
(2)
|
Move to consider the reading of Ordinance No. 2011-14 for the final
time by title only. (Requires unanimous affirmative vote.)
|
|
|
|
(3)
|
Read Ordinance No. 2011-14 for the final time by title only.
|
|
|
|
(4)
|
Adopt Ordinance No. 2011-14. (Requires six affirmative votes.)
|
|
Councilmember Brewster moved to read Ordinance No. 2011-14 by title
only, with second from Councilmember Evans. The motion passed unanimously and
title was read as follows:
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|
Ordinance No. 2011-14
|
|
|
|
An ordinance of the Council of the City of Flagstaff, Coconino County,
Arizona, approving and authorizing the sale and issuance of City of
Flagstaff, Arizona General Obligation and General Obligation Refunding Bonds,
Series 2011 for the purpose of fire fighting facilities and equipment, a
public safety/city operations communication system, and street and utility
improvements in the total aggregate principal amount of not to exceed
$12,750,000 and all matters related thereto; prescribing certain terms and
conditions of such bonds including the delegation to the Management Services
Director of the City to designate the final principal amount, maturities,
interest rates and yields and other matters with respect to such bonds as
well as certain matters with respect to certain bonds being refunded with the
proceeds of the sale thereof; awarding a contract for the purchase of said
bonds; ratifying the distribution of a preliminary official statement and
approving a final official statement; and declaring an emergency.
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|
Councilmember White moved to consider the reading of Ordinance No.
2011-14 for the final time by title only. The motion was seconded by
Councilmember Brewster and passed unanimously.
|
|
Councilmember Overton moved to read Ordinance No. 2011-14 for the
final time by title only, with second from Councilmember White. The motion
passed on unanimous vote.
|
|
Following the reading, Councilmember White moved to adopt Ordinance
No. 2011-14, with second from Councilmember Evans. The motion passed on
unanimous vote.
|
|
There was no objection to scheduling a general recap of the bond relocation
program.
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E.
|
Consideration and Approval of Service Agreement:
Investment management services.
|
|
|
RECOMMENDED ACTION:
|
(1)
|
Approve the agreement with PFM Asset Management, LLC for a fee in an
amount not to exceed $36,000.00 in the first year;
|
|
|
|
(2)
|
For a fee in the second year of 10 basis points for an amount between
$0-$25,000,000; or 7 basis points for an amount exceeding $25,000,000.00; and
|
|
|
|
(3)
|
Authorize the City Manager to execute the necessary documents.
|
|
Councilmember White moved to approve the recommended action, with
second from Councilmember Brewster.
|
|
Andy Wagemaker, Revenue Director, and Rick Compau, Purchasing
Director, participated in the discussion.
|
|
The types of investment cities are permitted to make are limited by
State statute. The City’s investments have been safe and secure investments
such bonds and CDs. While investments were done by City staff, contracting
with an outside firm adds expertise that the City can utilize to increase
investment revenue. The City’s investment policy from July 1998 will be
updated upon acceptance of the contract.
|
|
Evaluations will be done to compare in-house investments versus
out-of-house investments.
|
|
The motion passed on majority vote. Voting in favor were Vice-Mayor
Barotz, Councilmembers Babbott, Brewster, Evans, Overton and White. Voting
against was Mayor Presler.
|
|
F.
|
Consideration and Approval of Design Build Contract No. 1:
Wildcat Hill Wastewater Treatment Plant Digester No. 1 cover.
|
|
|
RECOMMENDED ACTION:
|
(1)
|
Approve Design Building Contract No. 1 with PCL Construction in the
amount of $643,753.00 and a contract completion time of 120 calendar days;
and
|
|
|
|
(2)
|
Authorize the City Manager to execute the necessary document.
|
|
Councilmember Babbott moved to approve the recommended action, with
second from Councilmember White.
|
|
Ryan Roberts, Utilities Engineer Manager, participated in the discussion.
|
|
The repairs will be done pursuant to the recommendation of the
insurance company and the City’s engineering consultant. Measures to prevent
future failures have been incorporated into the work order. The
investigation to determine the cause of the failure is on-going.
|
|
The motion passed on unanimous vote.
|
|
G.
|
Consideration and Approval of Amendments to the Draft Zoning Code:
Chapter 10-40, Specific to Zones; Section 10-40.60.030.D, Accessory Buildings
and Structures.
|
|
|
RECOMMENDED ACTION:
|
Approve the amendments as listed in the staff summary attachment.
|
|
Councilmember Overton declared a conflict of interest, was excused
from the dais, and did not participate in the discussion or vote.
|
|
Councilmember Babbott moved to approve the recommended action. The
motion was seconded by Councilmember Brewster.
|
|
Roger Eastman, Zoning Code Administrator, participated in the
discussion.
|
|
The Land Development Code is restrictive on storage containers,
allowing them only in the highest industrial zone. Storage containers are
not allowed in commercial or residential zones, and the code is silent on
temporary placement, except when used for building activity as part of a building
permit. The revisions in the new zoning code are more lenient than the Land
Development Code.
|
|
The original public review draft suggested that storage containers not
be allowed permanently in residential zones, but could be allowed on a
temporary basis. Temporary placement in residential zones could continue
with extensions to 120 days. Permanent storage buildings can be erected
without a building permit, if they are less than 120 square feet; and there is
no design standard associated with them.
|
|
Speaking in favor of allowing storage boxes were:
|
|
|
Don Hacker
|
|
|
David Sanders
|
|
|
John Dunford
|
|
|
Alice Dunford
|
|
|
Clint Bleeker
|
|
|
Gillian Bleeker
|
|
|
Joseph Gay
|
|
|
David Monihan
|
|
|
John Vorhek
|
|
|
Lee Harsh
|
|
|
Dennis Alonso
|
|
Speaking against allowing storage boxes was:
|
|
|
Pat Loven
|
|
Speaking neither for or against storage boxes was:
|
|
|
Judy Louks
|
|
The motion failed on majority vote. Voting in favor were Vice-Mayor
Barotz and Councilmember Babbott. Voting against were Mayor Presler,
Councilmembers Brewster, Evans, and White. Councilmember Overton did not
participate in the vote due to a conflict of interest.
|
|
15. DISCUSSION ITEMS
|
|
A.
|
Consideration/Discussion: Budget Advisory Task Force.
|
|
|
RECOMMENDED ACTION:
|
None.
|
|
Council expressed concern over the amount of staff time necessary to
maintain the Budget Advisory Task Force and the inability to attract
commissioners with budget expertise.
|
|
The task force is scheduled to sunset June 30, 2011, and there was not
majority support for its continuation.
|
|
B.
|
Consideration/Discussion: Buying and selling gold and pawn activities in
the City of Flagstaff.
|
|
|
RECOMMENDED ACTION:
|
None.
|
|
Council expressed concerns over the equity of requiring pawnshops to
charge their customers the $2.00 fee, while allowing precious metal and
jewelry buyers, and other secondhand merchants, to be exempt. The current ordinance
has resulted in developing a positive relationship between local pawns shops
and the Flagstaff Police Department, while generating revenue to support the cost
associated with the property crimes and theft unit.
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Council consensus was to amend the current ordinance to include
various categories of secondhand merchandise and to develop a transient
vendor license that conforms to State statute.
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Tonya Packard spoke supporting the tax, but asked that it be applied more
equitability to include other secondhand dealers.
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Gregory Geilb spoke against the tax.
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16. PUBLIC PARTICIPATION
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Joe Galli spoke to his appreciation of the 4th of July parade and
events.
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17. INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF,
REQUESTS
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FOR FUTURE AGENDA ITEMS
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Past and future community and Council activities included the 4th of
July Parade, the fireworks show at Marketplace, the Donate Life Network of
Arizona sign up activity, and the grand opening at Fire Station 2.
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The Charter Review Task Force will be discussed at the July 19, 2011
meeting.
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