|      |   

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

 

September 6, 2011

12:00 p.m.

 

A meeting of the Flagstaff City Council was held on Tuesday, September 6, 2011 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 Vice-Mayor Barotz.

 

1.      ROLL CALL

 

On roll call, the following were present:

 

 

Mayor Presler, excused

 

Vice Mayor Barotz

Councilmember Babbott

Councilmember Brewster

Councilmember Evans

Councilmember Overton

Councilmember White

 

Also present were:

 

 

Kevin Burke, City Manager

Rosemary Rosales, City Attorney

 

2.      PUBLIC PARTICIPATION

 

 

(a)

Best of the Best Award.

 

This item will be carried over to the 5:30 p.m. meeting.

 

 

(b)

Annual Report on Sustainability.

 

McKenzie Jones, Sustainability Specialist, participated in the discussion.

 

The report highlights the acquisition of 20 acres of land for open space near Thorpe Park, the adoption of Resolution No. 2011-16 which supports renewable energy and energy efficiency, and the installation of rain garden traffic islands to utilize storm water run-off.  The report will be distributed to local, regional and national partners, posted on the City website for download, and announced at outreach efforts.  Additional copies will be available in Public Works.

 


RECESS INTO FLOODPLAIN BOARD MEETING

 

FLOODPLAIN BOARD MEETING

 

1.      CALL TO ORDER:

 

The meeting was called to order at 12:04 p.m.

 

2.      ROLL CALL:

 

 

Mayor Presler, excused

 

Vice Mayor Barotz

Councilmember Babbott

Councilmember Brewster

Councilmember Evans

Councilmember Overton

Councilmember White

 

3.

Consideration of Request for Extension of Variance from Flagstaff City Code, Title 11, Floodplains, Chapter 12-01, Floodplain Regulations:  214 W. Phoenix Avenue. (Flagstaff Shelter Services)

 

 

RECOMMENDED ACTION:

(1)

Grant the extension to Flagstaff Shelter Services with continued implementation of the Flood Evacuation Plan, until April 2012; and

 

 

(2)

Authorize waiver of the $300 application fee.

 

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

 

4.         ADJOURNMENT OF FLOODPLAIN BOARD MEETING.

 

The meeting was adjourned at 12:06 p.m.

 

RECONVENE INTO REGULAR COUNCIL MEETING.

 

REGULAR COUNCIL MEETING

 

3.      BOARD AND COMMISSION APPOINTMENTS

 

A.

Consideration of Applicants for Appointments:  Planning and Zoning Commission.  [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).  The names of the applicants may be obtained by contacting the City Clerk.]

 

 

RECOMMENDED ACTION:

Make one appointment to a partial term expiring December, 2012.

 

Vice-Mayor Bartoz moved to recess into executive session.  The motion was seconded by Councilmember White and passed unanimously.

 

The meeting was recessed into executive session at 12:07 p.m.

 

The meeting reconvened at 12:28 p.m.

 

Councilmember Overton moved to appoint Tina Pfeiffer to a partial term expiring in December, 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 Utility Account Write-Offs:  Fiscal Year ending June 30, 2011.

 

 

RECOMMENDED ACTION:

Authorize the write-off of uncollectable utility accounts totalling $41,508.08.

 

B.

Consideration and Approval of Transaction Privilege (Sales) Tax Write-Offs:  Fiscal Year ending June 30, 2011.

 

 

RECOMMENDED ACTION:

Authorize the write-off of transaction privilege (sales) tax uncollectable accounts totalling $109,137.77.

 

C.

Consideration and Approval of Miscellaneous Receivable Write-Offs:  Fiscal Year ending June 30, 2011.

 

 

RECOMMENDED ACTION:

Authorize the write-off of miscellaneous receivables uncollectable accounts totalling 77,420.61.

 

D.

Consideration and Approval of Amendment One to Commercial Lease: 216 W. Phoenix Ave.

 

 

RECOMMENDED ACTION:

Approve Amendment One to the commercial lease with Flagstaff Shelter Services, Inc., approving extension of the lease term through April 30, 2012.

 

E.

Consideration of Ground Lease Agreement:  Site control of City-owned property located in the 400 Block of Butler Avenue for the Community Land Trust Program.

 

 

RECOMMENDED ACTION:

Approve the Ground Lease Agreement with Habitat for Humanity.

 

F.

Consideration and Approval of Construction Contract:  Northern Arizona Intergovernmental Public Transit Authority (NAIPTA) comfort station.

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with Holdsworth Construction in the amount of $124,476.00, including a contract period of 45 calendar days;

 

 

(2)

Approve change order authority in the amount of $12,448.00 (10%) for unanticipated additional costs; and

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

G.

Consideration and Approval of Application for Service Contract:  Emergency services for Geoffrey S. Barnard at 2642 Wild Turkey Road.

 

 

RECOMMENDED ACTION:

(1)

Approve the contract with Geoffrey S. Barnard in the amount of $372.01; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

Councilmember White moved to approve the Consent Agenda.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

6.     ROUTINE ITEMS

 

A.

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

 

 

RECOMMENDED ACTION:

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

Adopt Ordinance No. 2011-11.

 

Councilmember White moved to read Ordinance No. 2011-11 for the final time by title only, with second from Councilmember Evans.  The motion passed unanimously and title was read as follows:

 

 

Ordinance No. 2011-11

 

 

 

An ordinance adopting “2011 Amendments to Title 12, Floodplains, Division 12-01, Floodplain Regulations.”

 

 

Councilmember White moved to adopt Ordinance No. 2011-11.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

B.

Consideration and Adoption of Ordinance No. 2011-22:  An ordinance of the Council of the City of Flagstaff, Arizona approving the form and authorizing the execution and delivery of an amendment to loan agreement (Loan Agreement #72011-10) with the Water Infrastructure Finance Authority of Arizona to increase the principal amount of the associated loan by $300,000; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this ordinance and in declaring an emergency.

 

 

RECOMMENDED ACTION:

(1)

Read Ordinance No. 2011-22 for the final time by title only.

 

 

(2)

Adopt Ordinance No. 2011-22.  (Requires six affirmative votes to retain emergency clause.)

 

Councilmember Overton moved to Read Ordinance No. 2011-22 for the final time by title only, with second from Councilmember Babbott.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2011-22

 

 

 

An ordinance of the Council of the City of Flagstaff, Arizona approving the form and authorizing the execution and delivery of an amendment to loan agreement (Loan Agreement #72011-10) with the Water Infrastructure Finance Authority of Arizona to increase the principal amount of the associated loan by $300,000; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this ordinance and in declaring an emergency.

 

 

Councilmember White moved to adopt Ordinance No. 2011-22.  The motion was seconded by Councilmember Evans and passed unanimously.

 

C.

Consideration and Adoption of Resolution No. 2011-32:  A resolution of the City Council of the City of Flagstaff authorizing signatures for checks and payment vouchers.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-32 by title only.

Adopt Resolution No. 2011-32.

 

Councilmember Brewster moved to read Resolution No. 2011-32 by title only.  The motion was seconded by Councilmember Evans and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2011-32

 

 

 

A resolution of the City Council of the City of Flagstaff authorizing signatures for checks and payment vouchers.

 

 

Councilmember Overton moved to adopt Resolution No. 2011-32, with second from Councilmember Brewster.  The motion passed unanimously.

 

7.     RECESS

 

The meeting was recessed at 12:36 p.m.

 

5:30 P.M. MEETING

 

RECONVENE REGULAR MEETING

 

The meeting reconvened at 5:38 p.m. and Mayor Presler called the meeting back to order.

 

8.      PLEDGE OF ALLEGIANCE, INVOCATION, AND VISION STATEMENT

 

Mayor Presler asked those present to stand for the Pledge of Allegiance, the reading of the Vision Statement, and the Invocation.

 

9.     ROLL CALL

 

On roll call the following were present:

 

 

Mayor Presler

 

Vice Mayor Barotz

Councilmember Babbott

Councilmember Brewster

Councilmember Evans

Councilmember Overton

Councilmember White

 

Also present were:

 

 

Kevin Burke, City Manager

Rosemary Rosales, City Attorney

 

10.    APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

 

A.

Approval of Minutes:  Regular Council meeting of August 23, 2011.

 

 

RECOMMENDED ACTION:

Approve the Minutes as submitted/corrected.

 

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

 

11.    PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING

 

BOARD AND COMMISSION MEMBERS

 

Rudy Preston spoke to reclaimed water dangers, and the snowbowl contract.

 

James Anders was opposed to reclaimed water use at McMillan Mesa.

 

Dawn Dyer expressed her opposition to reclaimed water use.

 

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

 

2.

(a)

Best of the Best Award.

 

Debbie Jo Maust, Risk Management Manager; and, Rick Jones, SCF, Arizona, participated in the discussion.  The City was presented the “Best of the Best Award,” honoring the City’s participation in the safety program to reduce accidents and injuries in the work place.

 

13.    PUBLIC HEARING ITEMS

 

A.

Consideration of and Action on Continuance of Public Hearing:  “2011 Amendments to Flagstaff City Code, Title 3, Privilege and Excise Taxes.”

 

 

RECOMMENDED ACTION:

Open the public hearing.

Continue the public hearing to October 4, 2011.

 

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

 

Councilmember Overton moved to continue the public hearing to October 4, 2011, with second from Councilmember Evans.  The motion passed unanimously.

 

14.    REGULAR AGENDA

 

A.

Consideration and Adoption of Resolution No. 2011-39:  A resolution of the Council of the City of Flagstaff, Coconino County, Arizona, abandoning a portion of the public rights-of-way on Carriage Lane, a portion of Jackson Drive and three alleys located in the Aspen Place at the Sawmill Subdivision.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-39 by title only.

Adopt Resolution No. 2011-39.

 

Councilmember Babbott moved to read Resolution No. 2011-39 by title only.  The motion was seconded by Councilmember Evans and passed unanimously.

 

 

Resolution No. 2011-39

 

 

 

A resolution of the Council of the City of Flagstaff, Coconino County, Arizona, abandoning a portion of the public rights-of-way on Carriage Lane, a portion of Jackson Drive and three alleys located in the Aspen Place at the Sawmill Subdivision.

 

 

Councilmember Brewster moved to adopt Resolution No. 2011-39, with second by Councilmember White.  The motion was passed on unanimous vote.

 

B.

Consideration and Adoption of Resolution No. 2011-36:  A resolution approving Amendment One and Waiver between the City of Flagstaff and Campus Crest at Flagstaff, LLC to the Fourth amended and Restated Development Agreement and Waiver regarding property located northeast of the intersection of Lone Tree Road and East Sawmill Road in the City of Flagstaff.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-36 by title only.

Adopt Resolution No. 2011-39.

 

Councilmember Brewster moved to read Resolution No. 2011-36 by title only.  The motion was seconded by Vice-Mayor Barotz.

 

Mark Sawyers, Current Planning Manager; and, Mike Hartness, Campus Crest, participated in the discussion.

 

The amendment presented is a clean copy of the strikeouts, deletes, and underlines.  It is the same as the document provided on August 23, 2011, and is the most accurate version available.

 

The development agreement will address snow removal in the private and public parking spaces.

Campus Crest has sufficient private parking spaces to meet the parking needs of its residents, which will allow the City’s snow removal crew to clear the public streets.

 

The motion passed on unanimous vote, and title was read as follows:

 

 

Resolution No. 2011-36

 

 

 

A resolution approving Amendment One and Waiver between the City of Flagstaff and Campus Crest at Flagstaff, LLC to the Fourth amended and Restated Development Agreement and Waiver regarding property located northeast of the intersection of Lone Tree Road and East Sawmill Road in the City of Flagstaff.

 

 

Councilmember Brewster moved to adopt Resolution No. 2011-36, with second from Councilmember Evans.  The motion passed unanimously.

 

C.

Consideration and Adoption of Ordinance No. 2011-19:  An ordinance rezoning .89 acres located at 1000 East Sawmill Road from Urban Commercial (Conditional) to High Density Residential (Conditional) and amending the zoning for 7.72 acres of High Density Residential (Conditional) Zone located at 1000 East Sawmill Road.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2011-19 for the final time by title only.

Adopt Ordinance No. 2011-19.

 

Councilmember Overton moved to read Ordinance No. 2011-19 for the final time by title only, with second from Councilmember Evans.  The motion passed on unanimous vote, and title was read as follows:

 

 

Ordinance No. 2011-19

 

 

 

An ordinance rezoning .89 acres located at 1000 East Sawmill Road from Urban Commercial (Conditional) to High Density Residential (Conditional) and amending the zoning for 7.72 acres of High Density Residential (Conditional) Zone located at 1000 East Sawmill Road.

 

 

Councilmember White moved to adopt Ordinance No. 2011-19,  The motion was seconded by Councilmember Brewster and passed unanimously.

 

D.

Consideration and Approval of Encroachment Agreement:  Inner Basin pipeline relocation.

 

 

RECOMMENDED ACTION:

(1)

Approve the Encroachment Agreement with Transwestern Pipeline Company, LLC; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

Councilmember Evans moved to approve the recommended action, with second by Councilmember Brewster.

 

Brad Hill, Interim Utilities Director; and, Stacey Brechler-Knaggs, Grants Manager, participated in the discussion.

 

The pipeline represents 15% to 20% of the summertime peak day demand.  The existing pipeline is located in the wilderness area; the relocation will be along the waterline road, adjacent along the north side of the transwestern pipeline.

 

The United States Fish and Wildlife approved the National Environmental Policy Act (NEPA) discussion memorandum and has sent it to the Federal Emergency Management Agency (FEMA).  Once FEMA approves the NEPA memorandum, the project will be approved.

 

The motion passed on unanimous vote.

 

E.

Consideration and Possible Adoption of Ordinance No. 2011-23:  An ordinance amending Title 10, Land Development Code, Division 10-09-004-0001, Board of Adjustment, Section 10-09-004-0001(E), Meetings, Hearings and Procedures, by adding Subsection 10-09-004-0001(E)(7), City Council authorize to act as Board of Adjustment; and declaring an emergency.

 

 

RECOMMENDED ACTION:

(1)

Read Ordinance No. 2011-23 for the first time by title only.

 

 

(2)

Move to consider the reading of Ordinance No. 2011-23 for the final time by title only.  (Requires unanimous affirmative vote.

 

 

(3)

Read Ordinance No. 2011-23 for the final time by title only.

 

 

(4)

Adopt Ordinance No. 2011-23.  (Requires six affirmative votes to retain emergency clause.)

 

Councilmember Evans moved to read Ordinance No. 2011-23 for the first time by title only, with second from Councilmember White.

 

Roger Eastman, Zoning Code Administrator, participated in the discussion.

 

An appeal has been received that would normally go to the Board of Adjustment; three members of the Board have declared a conflict of interest, resulting in the lack of a quorum.  The Council can act as the Board of Adjustment when the Board of Adjustment is unable to act as the board.  An alternative to the Council acting as the Board of Adjustment is to delay the hearing to allow time to appoint additional members to the commission.  Appeals are filed with and heard by the Superior Court.  Council will be provided copies of the Board of Adjustment rules and procedures.

 

John Malin spoke in support of the Council acting as the Board of Adjustment.

 

The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2011-23

 

 

 

An ordinance amending Title 10, Land Development Code, Division 10-09-004-0001, Board of Adjustment, Section 10-09-004-0001(E), Meetings, Hearings and Procedures, by adding Subsection 10-09-004-0001(E)(7), City Council authorize to act as Board of Adjustment; and declaring an emergency.

 

 

Councilmember Overton moved to consider the reading of Ordinance No. 2011-23 for the final time by title only.  The motion was seconded by Councilmember Evans and passed unanimously.

 

Councilmember Overton moved to read Ordinance No. 2011-23 for the final time by title only, with second from Councilmember Evans.  The motion passed on unanimous vote.

 

Following the reading of Ordinance No. 2011-23 for the final time, Councilmember Brewster moved to adopt Ordinance No. 2011-23.  The motion was seconded by Councilmember White and passed unanimously.

 

15.    DISCUSSION ITEMS

 

No items were submitted.

 

16.    PUBLIC PARTICIPATION

 

None.

 

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

 

FOR FUTURE AGENDA ITEMS

 

Recent activities included the Arizona League of Cities and Towns meeting and the Arizona Mayor’s meeting.

 

An update on the church construction on McMillan Mesa will be provided.

 

A legal opinion regarding the recent changes in the hunting laws as they apply to areas inside the City limits was requested.

 

18.     ADJOURNMENT

 

There being no further business to come before the Council, the meeting was adjourned at 6:30 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 September 6, 2011.  I further certifty that the Meeting was duly called and held and that a quorum was present.

 

DATED this 21st day of September, 2011.

 

 

 

 

CITY CLERK