|      |   

Go To Search
I Want To...
Click to Home

 

View Other Items in this Archive | View All Archives | Printable Version

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

 

August 23, 2011

12:00 p.m.

 

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.

 

CALL TO ORDER

 

The meeting was called to order by Mayor Presler.

 

1.      ROLL CALL

 

On roll call, the following were present:

 

 

Mayor Presler

 

Vice Mayor Barotz

Councilmember Babbott

Councilmember Brewster

Councilmember Evans

Councilmember Overton

Councilmember White

 

Also present were:

 

 

Jim Wine, Deputy City Manager

Rosemary Rosales, City Attorney

 

2.      PUBLIC PARTICIPATION

 

None.

 

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 two appointments to designated terms expiring June, 2012; and one appointment to designated term expiring June, 2014.

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.

 

4.      LIQUOR LICENSE PUBLIC HEARINGS

 

No items were submitted.

 

5.     CONSENT ITEMS

 

A.

Consideration and Approval of Intergovernmental Agreement:  Supervision of probation services.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County.

 

Councilmember Brewster moved to approve the recommended action, with second from Councilmember Evans.  The motion passed unanimously.

 

6.     ROUTINE ITEMS

 

A.

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.

 

 

RECOMMENDED ACTION:

(1)

Read Ordinance No. 2011-18 for the first time by title only.

 

 

(2)

Move to consider the reading of Ordinance No. 2011-18 for the final time by title only (requires unanimous affirmative vote.)

 

 

(3)

Upon unanimous vote above, move to read Ordinance No. 2011-18 for the final time by title only.

 

 

(4)

Adopt Ordinance No. 2011-18.  (Requires six affirmative votes to retain emergency clause.)

 

Councilmember White moved to read Ordinance No. 2011-18 for the first time by title only.  Councilmember Brewster seconded the motion.

 

Barbara Goodrich, Management Services Director, participated in the discussion.

 

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.

 

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.

 

The motion passed unanimously, and title was read as follows:

 

 

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.

 

 

 

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.

 

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.

 

Following the final reading, Councilmember Overton moved to adopt Ordinance No. 2011-18.  The motion was seconded by Councilmember White and passed unanimously.

 

B.

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.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-33 by title only.

Adopt Resolution No. 2011-33.

 

Councilmember White moved to read Resolution No. 2011-33 by title only, with second from Councilmember Brewster.

 

Barbara Goodrich, Management Services Director, participated in the discussion.

 

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.

 

The motion passed unanimously and title was read as follows:

 

 

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.

 

 

Councilmember White moved to adopt Resolution No. 2011-33.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

7.     RECESS

 

The meeting was recessed at 12:24 p.m.

 

5:30 P.M. MEETING

 

RECONVENE INTO REGULAR COUNCIL MEETING.

 

The meeting reconvened at 5:36 p.m. and Mayor Presler called the meeting back to order.

 

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.

 

CALL TO ORDER:

 

 

8.      ROLL CALL:

 

 

On roll call, the following were present:

 

 

 

Mayor Presler

 

Vice Mayor Barotz

Councilmember Babbott

Councilmember Brewster

Councilmember Evans

Councilmember Overton

Councilmember White

 

Also present were:

 

 

 

Kevin Burke, City Manager

Rosemary Rosales, City Attorney

 

9.      PLEDGE OF ALLEGIANCE, INVOCATION, AND VISION STATEMENT

 

10.    APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

 

A.

Consideration of Minutes: Regular Council Meeting of June 7, 2011; June 21, 2011; July 5, 2011; and July 19, 2011.

 

 

RECOMMENDED ACTION:

Approve the minutes as submitted/corrected.

 

Councilmember White moved to approve the recommended action, with second by Councilmember Babbott.  The motion passed on unanimous vote.

 

11.    PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING

 

BOARD AND COMMISSION MEMBERS

 

Speaking against selling reclaimed water to Snowbowl where:

 

 

Andy Fernandez

 

Rudy Preston

 

Andy Fernandez

 

Russell Crawford

 

Lativity Begay

 

Ellen McCray

 

Steve Zavodnyik

 

Mary Sjourner

 

Mitchell Bahe

 

Cathleen Peters

 

Benjamin Moon

 

Sean Rosa

 

Beth Lavely

 

Jim Anders

 

Liz Williams

 

Jake Martin

 

Kim Galli-Rombergar

 

Margo Nelson

 

Shelly Ray

 

Lane Williams

 

Cynthia Pardo

 

Joseph Turner

 

Bob Corrigan spoke to problems he has encountered with the building department.

 

Mr. Corrigan will provide a list of his concerns for staff follow-up.

 

RECESS INTO FLOODPLAIN BOARD MEETING.

 

5:30 P.M.

 

FLOODPLAIN BOARD MEETING

 

1.         CALL TO ORDER:

 

 

The meeting was called to order at 7:57 p.m. by Mayor Presler.

 

2.      ROLL CALL:

 

On roll call, the following were present:

 

 

Mayor Presler

 

Vice Mayor Barotz

Councilmember Babbott

Councilmember Brewster

Councilmember Evans

Councilmember Overton

Councilmember White

 

Also present were:

 

 

Kevin Burke, City Manager

Rosemary Rosales, City Attorney

 

3.      ACTION ITEMS

 

A.

Consideration of Public Hearing:  Request for variance from Ordinance No. 2011-06, Floodplain Management Regulations, at 214 W. Phoenix Ave., Flagstaff Shelter Services.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

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.

 

Councilmember Evans moved to open the public hearing, with second from Councilmember Babbott.  The motion passed unanimously.

 

Malcolm Alter, Stormwater Program Manager; Alice Lloyd and Jim Shultz, Flagstaff Shelter Services, were present and participated in the discussion.

 

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.

 

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

 

4.         ADJOURNMENT OF FLOODPLAIN BOARD MEETING.

 

The Floodplain Board meeting was adjourned at 8:05 p.m.

 

RECONVENE INTO REGULAR COUNCIL MEETING.

 

The regular Council meeting reconvened at 8:05 p.m.

 

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

 

None.

 

13.    PUBLIC HEARING ITEMS

 

A.

Consideration of and Action on Public Hearing:  “2011 Amendments to Title 12, Floodplains, Division 12-01.”

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Councilmember White moved to open the public hearing, with second from Councilmember Babbott.  The motion passed on unanimous vote.

 

Malcolm Alter, Stormwater Program Manager, participated in the discussion.

 

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.

 

Joe Galli spoke to satisfaction that staff addressed the concerns of the Chamber of Commerce and is supporting the ordinance.

 

The feasibility of recapture agreements will be considered.

 

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

 

B.

Consideration and Possible Adoption of Ordinance No. 2011-11:  An ordinance adopting “2011 Amendments to Title 12, Floodplains, Division 12-01, Flood Plain Regulations”.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2011-11 for the first time by title only.

 

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:

 

 

SECTION 12-01-001-005.3.H

 

 

 

 

GH.

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.

r

 

The motion was seconded by Councilmember Brewster, passed on unanimous vote, and title was read as follows:

 

 

Ordinance No. 2011-11

 

 

 

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.

 

 

14.    REGULAR AGENDA

 

A.

Consideration of and Action on Appointments:  Magistrates.

 

 

RECOMMENDED ACTION:

Make the appointments at the Council meeting.

 

This item will be heard at the September 6, 2011 meeting.

 

B.

Consideration and Approval of Forest Service Participating Agreement:  Inner Basin water pipeline relocation.

 

 

RECOMMENDED ACTION:

Approve the Forest Service Participating Agreement with the USDA, Forest Service, Coconino National Forest, for grant funds in the amount of $250,000.00.

 

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

 

Andy Fernandez spoke to including variables in staff reports and providing agendas on Fridays.

 

The motion passed on unanimous vote.

 

C

Consideration and Approval of Construction Contract:  Relocation of the Inner Basin water pipeline from the wilderness area to the existing right-of-way.

 

 

RECOMMENDED ACTION:

(1)

Approve the construction services contract with Hunter Contracting for a guaranteed maximum price of $541,982.40; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

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

 

Mark Richardson, Water Production Manager; and David Womochil, Senior Assistant City Attorney, were available for questions.

 

The motion passed on unanimous vote.

 

D.

Consideration and Approval of Construction Contract:  Inner Basin water pipeline reconstruction.

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with Hunter Contracting for a guaranteed maximum price of $2,997,298.24; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

This item was pulled by the City Manager.

 

E.

Consideration and Approval of Agreement:  Northern Central Arizona water supply feasibility study.

 

 

RECOMMENDED ACTION:

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.

 

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

 

Brad Hill, Interim Utilities Director, participated in the discussion.

 

The U.S. Department of Reclamation estimates it will be one to three years before the environmental impact statement is complete.

 

The motion passed on unanimous vote.

 

F.

Consideration and Possible Action on Proposals by and to the 2011 Arizona Independent Redistricting Commission:  Congressional and legislative districts.

 

 

RECOMMENDED ACTION:

(1)

Review and approve recommendations for congressional and legislative districts; and

 

 

(2)

Authorize the City Manager to present the recommendations to the 2011 Independent Redistricting Commission.

 

Kevin Burke, City Manager; and Daryl Melvin, Management Assistant, participated in the discussion.

 

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%.

 

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.

 

Andy Fernandez spoke to concerns regarding not redistricting with the Eastern part of the State.

 

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.

 

Mayor Presler moved to adopt the City value statement to read:

 

 

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.

 

 

The motion was seconded by Councilmember Babbott and passed on unanimous vote.

 

Vice-Mayor Barotz moved to approve the matrix criteria as presented, with second from Councilmember Babbott.

 

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.

 

Mayor Presler moved to amend the competitive criteria of the matrix to include the following statement:

 

 

“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.”

 

 

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.

 

The underlying motion, as amended, was passed unanimously.

 

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.

 

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.

 

15.    DISCUSSION ITEMS

 

A.

 

Presentation and Discussion:  Campus Crest rezoning and development at 1000 East Sawmill Road.

 

 

RECOMMENDED ACTION:

Receive presentation, and provide direction, if any.

 

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.

 

Elaine Averitt, Planning Development Manager; Mark Sawyers, Current Planning Manager; and, Chris Russ, Campus Crest Development, participated in the discussion.

 

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.

 

Council consensus was to have a discussion in the future regarding solutions to the neighborhood parking and snow removal problems.

 

B.

Consideration/Discussion:  Use tax.

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

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.

 

16.    PUBLIC PARTICIPATION

 

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.

 

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

 

FOR FUTURE AGENDA ITEMS

 

Staff will prepare a letter of support for the “4 Forest Restoration Initiative”.

 

A discussion on storm water utilities will be included in the discussion regarding rainwater harvesting.

 

A review of Council goals will held on October 11, 2011.

 

A copy of the Navajo Rights Memorandum of Understanding will be supplied to Council.

 

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.

 

18.     ADJOURNMENT

 

There being no further business to come before the Council, the meeting was adjourned at 10:15 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 August 23, 2011.  I further certifty that the Meeting was duly called and held and that a quorum was present.

 

DATED this 7th day of September, 2011.

 

 

 

 

CITY CLERK