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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
August 23, 2011
12:00 p.m.
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A meeting of the Flagstaff City Council was held on Tuesday, August, convening
at 12:00 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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Jim Wine, Deputy 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
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A.
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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.]
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RECOMMENDED ACTION:
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Make two appointments to designated terms expiring June, 2012; and one
appointment to designated term expiring June, 2014.
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Councilmember Brewster moved to reappoint Bruce Aiken to the Arts
Community term expiring June, 2014; and, Dan Hunt to the Hospitality term
expiring June, 2012. The motion was seconded by Councilmember Evans, and
passed on unanimous vote.
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4. LIQUOR LICENSE PUBLIC HEARINGS
No items were submitted.
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5. CONSENT ITEMS
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A.
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Consideration and Approval of Intergovernmental Agreement: Supervision of probation services.
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RECOMMENDED ACTION:
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Approve the intergovernmental agreement with Coconino County.
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Councilmember Brewster moved to approve the recommended action, with
second from Councilmember Evans. The motion passed unanimously.
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6. ROUTINE ITEMS
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A.
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Consideration and Adoption of Ordinance No. 2011-18: An ordinance of the Council of the City of
Flagstaff, Coconino County, Arizona, revoking Ordinance No. 2011-14 and
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 $17,000,000 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 such bonds; ratifying the
distribution of a preliminary official statement, and declaring an emergency.
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RECOMMENDED ACTION:
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(1)
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Read Ordinance No. 2011-18 for the first time by title only.
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(2)
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Move to consider the reading of Ordinance No. 2011-18 for the final
time by title only (requires unanimous affirmative vote.)
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(3)
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Upon unanimous vote above, move to read Ordinance No. 2011-18 for the
final time by title only.
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(4)
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Adopt Ordinance No. 2011-18. (Requires six affirmative votes to
retain emergency clause.)
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Councilmember White moved to read Ordinance No. 2011-18 for the first
time by title only. Councilmember Brewster seconded the motion.
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Barbara Goodrich, Management Services Director, participated in the
discussion.
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There is an error in the title of Ordinance No. 2011-14 that this
ordinance will correct. The City’s bond rating is AA, with a negative
outlook. Because the AA rating is very favorable, the City is expecting an
interest rate of 2.3%, which is the lowest interest rate the City has
received. Even though the City has always maintained a balanced budget, the
negative outlook comment was due to the City’s expenditures being in excess
of collected revenues. The expenditures exceeded revenues because planned
capital projects where paid for with money the City put aside from previous
budget years. The budget is balanced with no structural deficit.
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Council will be provided with a spreadsheet detailing what was spent,
versus what was anticipated, on all bond projects. An analysis of the
spreadsheet will be included.
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The motion passed unanimously, and title was read as follows:
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Ordinance No. 2011-18
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An ordinance of the Council of the City of Flagstaff, Coconino County,
Arizona, revoking Ordinance No. 2011-14 and 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 $17,000,000 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 such bonds; ratifying the
distribution of a preliminary official statement, and declaring an emergency.
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Councilmember White moved to consider the reading of Ordinance No,
2011-18 for the final time by title only. The motion was seconded by
Councilmember Brewster and passed unanimously.
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Following the unanimous vote above, Councilmember Brewster moved to
read Ordinance No, 2011-18 for the final time by title only, with second from
Councilmember White. The motion passed on unanimous vote.
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Following the final reading, Councilmember Overton moved to adopt
Ordinance No. 2011-18. The motion was seconded by Councilmember White and
passed unanimously.
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B.
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Consideration and Adoption of Resolution No. 2011-33: Resolution of the Mayor and Council of the
City of Flagstaff, Arizona, declaring, for purposes of Section 1.150-2 of the
Federal Treasury Regulations, official intent to be reimbursed in connection
with certain capital expenditures relating to the construction and renovation
of U.S. Geological Survey campus facilities.
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RECOMMENDED ACTION:
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Read Resolution No. 2011-33 by title only.
Adopt Resolution No. 2011-33.
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Councilmember White moved to read Resolution No. 2011-33 by title
only, with second from Councilmember Brewster.
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Barbara Goodrich, Management Services Director, participated in the
discussion.
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The reimbursement resolution is a measure the City takes with capital
projects that enables the City to reimburse itself. It does not obligate the
City to expend the funds or move forward with the project; nor does it impact
the City’s bonding authority. It is standard policy for the debt instrument
to be secured by State shared revenue; however, the lease payment received by
the City is used to make the payments. The timeline to completion is two
years.
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The motion passed unanimously and title was read as follows:
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Resolution No. 2011-33
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Resolution of the Mayor and Council of the City of Flagstaff, Arizona,
declaring, for purposes of Section 1.150-2 of the Federal Treasury
Regulations, official intent to be reimbursed in connection with certain
capital expenditures relating to the construction and renovation of U.S.
Geological Survey campus facilities.
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Councilmember White moved to adopt Resolution No. 2011-33. The motion
was seconded by Councilmember Brewster and passed on unanimous vote.
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7. RECESS
The meeting was recessed at 12:24 p.m.
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5:30 P.M. MEETING
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RECONVENE INTO REGULAR COUNCIL MEETING.
The meeting reconvened at 5:36 p.m. and Mayor Presler called the
meeting back to order.
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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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CALL TO ORDER:
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8. ROLL
CALL:
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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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9. PLEDGE OF ALLEGIANCE, INVOCATION, AND VISION STATEMENT
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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 Meeting of June 7, 2011; June 21, 2011; July 5,
2011; and July 19, 2011.
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RECOMMENDED ACTION:
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Approve the minutes as submitted/corrected.
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Councilmember White moved to approve the recommended action, with
second by Councilmember Babbott. 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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Speaking against selling reclaimed water to Snowbowl where:
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Andy Fernandez
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Rudy Preston
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Andy Fernandez
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Russell Crawford
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Lativity Begay
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Ellen McCray
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Steve Zavodnyik
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Mary Sjourner
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Mitchell Bahe
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Cathleen Peters
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Benjamin Moon
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Sean Rosa
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Beth Lavely
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Jim Anders
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Liz Williams
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Jake Martin
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Kim Galli-Rombergar
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Margo Nelson
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Shelly Ray
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Lane Williams
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Cynthia Pardo
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Joseph Turner
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Bob Corrigan spoke to problems he has encountered with the building
department.
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Mr. Corrigan will provide a list of his concerns for staff follow-up.
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RECESS INTO FLOODPLAIN BOARD MEETING.
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5:30 P.M.
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FLOODPLAIN BOARD MEETING
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1. CALL TO ORDER:
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The meeting was called to order at 7:57 p.m. by Mayor Presler.
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2. ROLL
CALL:
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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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3. ACTION ITEMS
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A.
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Consideration of Public Hearing: Request for variance from Ordinance No. 2011-06, Floodplain
Management Regulations, at 214 W. Phoenix Ave., Flagstaff Shelter Services.
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RECOMMENDED ACTION:
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Open the public hearing.
Receive citizen input.
Close the public hearing.
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This hearing was called out of order to allow Item 15A of the regular
agenda to be discussed first, but is included here for the sake of clarity.
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Councilmember Evans moved to open the public hearing, with second from
Councilmember Babbott. The motion passed unanimously.
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Malcolm Alter, Stormwater Program Manager; Alice Lloyd and Jim Shultz,
Flagstaff Shelter Services, were present and participated in the discussion.
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The Water Commission, City staff, and the Federal Emergency Management
Agency support granting the variance. There is no limit to the number of
times a variance can be granted. The application fee has been waived.
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Councilmember Overton moved to close the public hearing. The motion
was seconded by Council member Babbott and passed unanimously.
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4. ADJOURNMENT OF FLOODPLAIN BOARD MEETING.
The Floodplain Board meeting was adjourned at 8:05 p.m.
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RECONVENE INTO REGULAR COUNCIL MEETING.
The regular Council meeting reconvened at 8:05 p.m.
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12. CARRY OVER ITEMS FROM THE 12:00 NOON AGENDA
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None.
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13. PUBLIC HEARING ITEMS
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A.
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Consideration of and Action on Public Hearing: “2011 Amendments to Title 12, Floodplains,
Division 12-01.”
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RECOMMENDED ACTION:
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Open the public hearing.
Receive citizen input.
Close the public hearing.
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Councilmember White moved to open the public hearing, with second from
Councilmember Babbott. The motion passed on unanimous vote.
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Malcolm Alter, Stormwater Program Manager, participated in the
discussion.
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The proposed ordinance has been wordsmithed to clarify intent,
meaning, and to make it more understandable. The Federal Emergency Management
Agency’s and Arizona Department of Water Resource’s revisions were considered
and have been included in the ordinance. Up to date, state-of-the-art
studies were used to calculate the numbers to develop models proportionate to
the development. Developers may be required to build bigger than their
immediate needs to minimize the need to up date infrastructure due to future
development.
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Joe Galli spoke to satisfaction that staff addressed the concerns of the
Chamber of Commerce and is supporting the ordinance.
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The feasibility of recapture agreements will be considered.
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Councilmember Overton moved to close the public hearing. The motion
was seconded by Councilmember Babbott and passed on unanimous vote.
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B.
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Consideration and Possible Adoption of Ordinance No. 2011-11:
An ordinance adopting “2011 Amendments to Title 12, Floodplains, Division
12-01, Flood Plain Regulations”.
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RECOMMENDED ACTION:
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Read Ordinance No. 2011-11 for the first time by title only.
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Councilmember White moved to read Ordinance No. 2011-11, an ordinance
adopting “2011 Amendments to Title 12, Floodplains, Division 12-01, Flood
Plain Regulations”, with the following amendment:
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SECTION 12-01-001-005.3.H
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GH.
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An applicant for a Floodplain Use Permit shall pay THE FLOODPLAIN USE
PERMIT a fee as established in Section 12-02-002-0003. Schedule
of Stormwater Management Utility Services Charges and Fees of
twenty-five dollars ($25.00). If the Floodplain Administrator, pursuant
to Section 12-01-001-0005.3.D.112-4-5-3.3, requires the applicant to
furnish a floodplain study, the applicant shall ALSO pay anY APPLICABLE
REVIEW FEES additional fee of three hundred dollars ($300.00). as
specified ESTABLISHED in Section 12-02-002-0003.
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The motion was seconded by Councilmember Brewster, passed on unanimous
vote, and title was read as follows:
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Ordinance No. 2011-11
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An ordinance adopting “2011 Amendments to Title 12, Floodplains,
Division 12-01, Flood Plain Regulations”, including Section
12-01-001-005.3.H. An applicant for a Floodplain Use Permit shall pay the
Floodplain Use Permit fee established in Section 12-02-002-0003. If the
Floodplain Administrator, pursuant to Section 12-01-001-0005.3.D, requires
the applicant to furnish a floodplain study, the applicant shall also pay any
applicable review fees established in Section 12-02-0222-0003.
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14. REGULAR AGENDA
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A.
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Consideration of and Action on Appointments: Magistrates.
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RECOMMENDED ACTION:
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Make the appointments at the Council meeting.
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This item will be heard at the September 6, 2011 meeting.
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B.
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Consideration and Approval of Forest Service Participating Agreement: Inner Basin water pipeline relocation.
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RECOMMENDED ACTION:
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Approve the Forest Service Participating Agreement with the USDA,
Forest Service, Coconino National Forest, for grant funds in the amount of
$250,000.00.
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Councilmember Babbott moved to approve the recommended action, with
second from Councilmember Evans.
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Andy Fernandez spoke to including variables in staff reports and
providing agendas on Fridays.
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The motion passed on unanimous vote.
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C
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Consideration and Approval of Construction Contract: Relocation of the Inner Basin water pipeline
from the wilderness area to the existing right-of-way.
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RECOMMENDED ACTION:
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(1)
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Approve the construction services contract with Hunter Contracting for
a guaranteed maximum price of $541,982.40; 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 moved to approve the recommended action, with
second from Councilmember Evans.
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Mark Richardson, Water Production Manager; and David Womochil, Senior
Assistant City Attorney, were available for questions.
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The motion passed on unanimous vote.
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D.
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Consideration and Approval of Construction Contract: Inner Basin water pipeline reconstruction.
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RECOMMENDED ACTION:
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(1)
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Approve the construction contract with Hunter Contracting for a
guaranteed maximum price of $2,997,298.24; and
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(2)
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Authorize the City Manager to execute the necessary documents.
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This item was pulled by the City Manager.
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E.
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Consideration and Approval of Agreement: Northern Central Arizona water supply
feasibility study.
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RECOMMENDED ACTION:
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Approve the agreement with the U.S. Bureau of Reclamation, Coconino
County, City of Page, and the Arizona Department of Water Resources providing
funds and in-kind services amount the parties.
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Councilmember Babbott moved to approve the recommended action, with
second from Councilmember Evans.
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Brad Hill, Interim Utilities Director, participated in the discussion.
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The U.S. Department of Reclamation estimates it will be one to three
years before the environmental impact statement is complete.
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The motion passed on unanimous vote.
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F.
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Consideration and Possible Action on Proposals by and to the 2011
Arizona Independent Redistricting Commission: Congressional and legislative districts.
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RECOMMENDED ACTION:
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(1)
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Review and approve recommendations for congressional and legislative
districts; and
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(2)
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Authorize the City Manager to present the recommendations to the 2011
Independent Redistricting Commission.
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Kevin Burke, City Manager; and Daryl Melvin, Management Assistant, participated
in the discussion.
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The Independent Redistricting Commission (IRC) issued a preference for
option number two for the congressional district, and option number two for
the legislative district. The option two gridmap was generated starting at a
lower part of the State and spiraling counterclockwise upward. The maps
recently adopted by the Independent Redistricting Committee have been amended
and are continuously changing. Their threshold on competitiveness is 7%; the
City’s threshold is 5%.
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Matthew Capalby spoke to concerns that Flagstaff will be included with
river communities. Flagstaff would be the linchpin to making at least one
of those districts competitive. Value statements are subject to
interpretation; maps are now being entertained by the Independent
Redistricting Commission.
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Andy Fernandez spoke to concerns regarding not redistricting with the
Eastern part of the State.
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Joe Galli spoke to the Chamber of Commerce’s perspective that the
City’s value statement is accurate and concise; staying with communities of
interest is in Flagstaff’s best interest.
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Mayor Presler moved to adopt the City value statement to read:
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The City of Flagstaff values a redistricting outcome that if first and
foremost compliant with the Voting Rights Act of 1965 and does not regress in
its representation of Native populations in Northern Arizona; maximizes
competitive districts across the State and includes Flagstaff in such a
district; we value placing Flagstaff in a district whose communities share
our same transportation, economic, higher education, governance and natural
resource interests, such as, forest health and water issues; and we value
placing the greater Flagstaff area in a single Legislative District.
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The motion was seconded by Councilmember Babbott and passed on
unanimous vote.
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Vice-Mayor Barotz moved to approve the matrix criteria as presented,
with second from Councilmember Babbott.
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Mayor Presler moved to amend the motion to add “no international
borders” to the criteria. The motion was seconded by Councilmember Evans and
passed unanimously.
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Mayor Presler moved to amend the competitive criteria of the matrix to
include the following statement:
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“These criteria shall be used as guidelines, and a good faith effort
shall be made to reach these criteria, but flexibility is understood during
the process.”
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The motion was seconded by Councilmember Evans and passed on majority
vote. Voting in favor were Mayor Presler, Councilmembers Babbott, Brewster,
Evans, and White. Voting against was Councilmember Overton. Vice-Mayor
Barotz was not present for the vote.
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The underlying motion, as amended, was passed unanimously.
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Councilmember White moved to adopt scenario three conceptual map, with
the goal to keep Flagstaff whole and competitive, with second from
Councilmember Brewster. The motion passed on unanimous vote.
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Councilmember Babbott moved to adopt Congressional District one map,
as depicted on handwritten page 6, which is attached hereto and incorporated
herein, with second from Councilmember Overton. The motion passed
unanimously.
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15. DISCUSSION ITEMS
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A.
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Presentation and Discussion: Campus Crest rezoning and development at 1000 East Sawmill Road.
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RECOMMENDED ACTION:
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Receive presentation, and provide direction, if any.
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This item was heard out of order, after public participation, and
prior to recessing into the Floodplain Board meeting, but is included here
for the sake of clarity.
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Elaine Averitt, Planning Development Manager; Mark Sawyers, Current
Planning Manager; and, Chris Russ, Campus Crest Development, participated in
the discussion.
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The parking provided in the plan calls for a one-to-one ratio between the
number of beds and the number of parking spaces. The ratio for dormitory use
was used, which calls for 100 more parking spaces than a similar apartment
complex would require. The parking plan meets Land Development Code
standards; and, therefore will not be linked to parking and snow removal
issues plaguing the neighborhood.
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Council consensus was to have a discussion in the future regarding
solutions to the neighborhood parking and snow removal problems.
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B.
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Consideration/Discussion: Use tax.
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RECOMMENDED ACTION:
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Discuss and provide direction, if any.
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Councilmember Overton moved to consider the use tax discussion, with
second from Councilmember White. The motion failed on majority vote. Voting
in favor were, Councilmembers Overton, and White; voting against were, Mayor
Presler, Vice-Mayor Barotz, Councilmembers Babbott, Brewster, and Evans.
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16. PUBLIC PARTICIPATION
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Matthew Capalby spoke to the Navajo Human Rights commission regarding
the commission’s wanting to insure that the Peaks, and only the Peaks, are
part of the legislative district.
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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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Staff will prepare a letter of support for the “4 Forest Restoration
Initiative”.
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A discussion on storm water utilities will be included in the
discussion regarding rainwater harvesting.
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A review of Council goals will held on October 11, 2011.
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A copy of the Navajo Rights Memorandum of Understanding will be
supplied to Council.
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Past and future Council and community events included: The dedication
of Mountain Lift; Flagstaff Cultural Partners check hand-out; groundbreaking
for the new Health and Learning center at Northern Arizona University; opening
dedication of the Native American Center at Northern Arizona University;
meeting of the Fit Kids Board; and, the League of Arizona Cities and Towns
meeting.
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