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NOTE:

IN ACCORDANCE WITH PROVISIONS OF THE ARIZONA REVISED STATUTES AND THE FLAGSTAFF CITY CHARTER, THE SUMMARIZED MINUTES OF CITY COUNCIL MEETING ARE NOT VERBATIM TRANSCRIPTS.  ONLY THE ACTIONS TAKEN AND DISCUSSIONS APPEARING WITHIN QUOTATION MARKS ARE VERBATIM.  AUDIO RECORDINGS OF CITY COUNCIL MEETINGS ARE ON FILE IN THE CITY CLERK’S OFFICE.

 

SUMMARIZED MINUTES

COUNCIL MEETING

 

September 20, 2011

12:00 p.m.

 

A meeting of the Flagstaff City Council was held on September 20, 2011 convening at 12:05 p.m. in the Council Chambers at City Hall, 211 West Aspen Avenue, Flagstaff, Arizona.

 

CALL TO ORDER

 

The meeting was called to order by Mayor Presler.

 

1.      ROLL CALL

 

On roll call, the following were present:

 

 

Mayor Presler

 

Vice Mayor Barotz

Councilmember Babbott

Councilmember Brewster

Councilmember Evans - excused

Councilmember Overton

Councilmember White

 

Also present were:

 

 

Kevin Burke, City Manager

Rosemary Rosales, City Attorney

 

2.      PUBLIC PARTICIPATION

 

3.      BOARD AND COMMISSION APPOINTMENTS

 

A.

Consideration of Applicants for Appointments:  Board of Adjustment.  [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 terms expiring May, 2013; and one appointment to a term expiring May, 2014.

 

Councilmember Brewster moved to appoint Don Henry to a term expiring May, 2014; and, Jerome Naleski and Mark Woodson to terms expiring May, 2013.  The motion was seconded by Councilmember White and passed unanimously.

 

4.      LIQUOR LICENSE PUBLIC HEARING

 

A.

Consideration and Action on Liquor License Application:  Rikesh Prema, “Super Express Car Wash”, 915 S. Milton Road, Series 10, New License.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

The City Council has the option to:

 

 

(1)

Forward the application to the State with a recommendation for approval;

 

 

(2)

Forward the application to the State with no recommendation; or

 

 

(3)

Forward the application to the State with a recommendation for denial based on the testimony received at the public hearing and/or other factors.

 

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

 

Sergeant Matt Wright conducted the background investigation.  He found a misdemeanor marijuana offense, an underage possession of alcohol offense, and another matter that was dismissed, on Rikesh Prema.  No derogatory information was found on the other applicants and there are no pending criminal charges.  The applicants have completed the State mandated licensing course and as a result of the investigation, there is no reason to oppose the application.

 

Rikesh Prema was present and available for questions.

 

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

 

Councilmember White moved to forward the application to the State with a recommendation for approval, with second from Councilmember Brewster.  The motion passed on unanimous vote.

 

5.     CONSENT ITEMS

 

A.

Consideration and Approval of Intergovernmental Agreement:  American Recovery and Reinvestment Act, AZ Job Help Hubs @ Your Library grant funds.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the Arizona State Library, Archives and Public Records for funding for an instructor in the amount of $22.00 per hour, not to exceed $1,811.79 in any one month, plus expenses and travel costs, for a total amount not to exceed $34,642.08.

 

B.

Consideration and Approval of Ratification of Grant Agreement:  Taxiway “A” rehabilitation and electrical upgrades.

 

 

RECOMMENDED ACTION:

Ratify the grant agreement with the U.S. Department of Transportation, Federal Aviation Administration in the amount of $3,512,782.00.

Councilmember White moved to approve the Consent Agenda, with second from Councilmember Brewster.  The motion passed on unanimous vote.

 

6.     ROUTINE ITEMS

 

A.

Consideration and Adoption of Resolution No. 2011-37:  A resolution of the City Council declaring the multi-jurisdictional plan known as the “Coconino County Emergency Operations Plan” to be a public record.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-37 by title only.

Adopt Resolution No. 2011-37.

 

Councilmember Overton moved to read Resolution No. 2011-37 by title only, with second from Councilmember Brewster.  The motion passed unanimously and title was read as follows:

 

 

Resolution No. 2011-37

 

 

 

A resolution of the City Council declaring the multi-jurisdictional plan known as the “Coconino County Emergency Operations Plan” to be a public record.

 

 

Councilmember White moved to adopt Resolution No. 2011-37.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

B.

Consideration and Adoption of Resolution No. 2011-06:   A resolution adopting the multi-jurisdictional plan known as the Coconino County Emergency Operations Plan.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-06 by title only.

 

Councilmember Brewster moved to read Resolution No. 2011-06 by title only, with second from Councilmember Overton.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2011-06

 

 

 

A resolution adopting the multi-jurisdictional plan known as the Coconino County Emergency Operations Plan.

 

 

Councilmember Babbott moved to adopt Resolution No. 2011-06.  The motion was seconded by Councilmember White and passed unanimously.

 

7.     RECESS

 

5:30 P.M. MEETING

 

RECONVENE REGULAR MEETING

 

The meeting reconvened at 5:35 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.

Consideration and Approval of Minutes:  Special Council Meeting of August 30, 2011 and Council Meeting of September 6, 2011.

 

 

RECOMMENDED ACTION:

Approve the minutes as submitted/corrected.

 

Councilmember White moved to approve the minutes as submitted, with second from Councilmember Overton.  The motion passed unanimously.

 

11.    PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING

 

BOARD AND COMMISSION MEMBERS

 

Don Hales spoke to the benefits of having a regulated snowpark to reduce potential injuries of snowplay participants.

 

Dawn Dwyers spoke against selling reclaimed wastewater to Snowbowl and opposed its use on McMillan Mesa.

 

Cheryl Lindsey spoke in favor of a snowplay area on McMillan Mesa.

 

James Anderson opposed using reclaimed water for snowmaking.

 

Haley Sherwood spoke to nullifying the contract with Snowbowl for reclaimed water use.

 

Gary Kirkman expressed support for the snowplay area.

 

Greg Mondinin spoke in favor of a snowplay area on McMillan Mesa.

 

James Kennedy opposed the sale of water to Snowbowl.

Gabriel Valdez supported a snowplay area on McMillan Mesa.

 

Bethany Williams spoke against the use of reclaimed wastewater at Snowbowl and on McMillan Mesa.

 

Nicholas Simon expressed opposition to snowmaking on the peaks.  He supports a citywide composting program.

 

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

 

13.    PUBLIC HEARING ITEMS

 

No items were submitted.

 

14.    REGULAR AGENDA

 

A.

Consideration and Adoption of Resolution No. 2011-35:  A resolution of the City Council of the City of Flagstaff, Arizona, designating a certain document titled “2011 Flagstaff Zoning Code” as a Public Record.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-35 by title only.

 

Councilmember Brewster moved to read Resolution No. 2011-35 by title only.  The motion was seconded by Councilmember Overton and passed unanimously. Title was read as follows:

 

 

Resolution No. 2011-35

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, designating a certain document titled “2011 Flagstaff Zoning Code” as a Public Record.

 

 

Councilmember Overton moved to adopt Resolution No. 2011-35, with second from Councilmember Brewster.  The motion passed on unanimous vote.

 

B.

Consideration and Adoption of Resolution No. 2011-38: A Resolution of the City Council of the City of Flagstaff, Arizona, designating a certain document titled “2011- Amendments to the Flagstaff City Code, Title 3, Privilege and Excise Taxes” as a public record.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-38 by title only.

 

Councilmember Overton moved to read Resolution No. 2011-38 by title only, with second from Councilmember Babbott.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2011-38

 

 

 

A Resolution of the City Council of the City of Flagstaff, Arizona, designating a certain document titled “2011- Amendments to the Flagstaff City Code, Title 3, Privilege and Excise Taxes” as a public record.

 

 

Councilmember Brewster moved to adopt Resolution No. 2011-38, with second from Councilmember Babbott.  The motion passed unanimously.

 

C.

Consideration of Recommendation:  Congressional and Legislative districts proposed by the 2011 Arizona Independent Redistricting Commission

 

 

RECOMMENDED ACTION:

(1)

Review and approve recommendations for Congressional and Legislative districts, and

 

 

(2)

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

 

Marilyn Ruggles believes it is important for the Independent Districting Commission to receive a variety of input from the community.

 

Stephanie McKinney expressed satisfaction with the process, the early adoption of value statements, and the importance of comparing those to the various maps introduced.

 

Doug Ballard spoke to competitive districts, keeping greater Flagstaff whole, and flexibility in maps.

 

Steve Caulkins voiced support for Doney Park being included in the greater Flagstaff area.

 

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

 

The legislative maps generated by the City are based on census blocks; maps generated by Greater Arizona Success are based on voter blocks.  Adding the Doney Park and Timberline areas into the Council’s recommended map adds 10,000 people to the census block.  To offset the addition of the Doney Park and Timberline populations, the Winslow and Holbrook areas can be reduced by 10,000 people.  Navajo County communities have expressed the desire to remain whole as a county.

 

Mayor Presler moved to adjust the Legislative District maps to include Doney Park, Timberline and Fernwood; to maintain city adopted values and priorities; and to remain flexible through the process.  The motion was seconded by Councilmember White.  The motion passed on unanimous vote.

 

Mayor Presler moved to adopt goal parameters of:  (1) competitiveness not to exceed 5% based on voter performance; (2) 63% compliance with the Voters’ Right Act; and, (3) maintaining existing percentages of existing minority/majority districts.  The motion was seconded by Councilmember Evans and passed unanimously.

 

The congressional district map adopted by the City is on target with the City’s population target; the Greater Arizona Success map is within 5% of the population target.  Yavapai County is included in the City’s adopted map, but is excluded, with the exception of the Verde Valley, in the Greater Arizona Success map.  The Hualapai tribe in the northwestern corner has been included in various eastern congressional district mapping scenarios by the Independent Redistricting Commission.  Two proposals being considered by the Independent Redistricting Commission are:  (1) Congressional districts aligned with county boundaries; and, (2) the 7A River Map.

 

Stephanie McKinney spoke to the 7A congressional map as a generally supportable map; she would like to see two competitive rural districts.

 

Doug Ballard expressed support of the 7A congressional map as achieving the eastern rural district goal.

 

Council consensus was to advocate:  (1) that map 7A is more preferable than the version that districts be drawn on county lines; and, (2) that Flagstaff has more in common with Yavapai County than Phoenix.

 

Data will be compiled on the 7A River map to determine its compatibility with the City’s goals and value statement.

 

D.

Consideration of and Action on Expenditures:  Retail development tax incentive for a Chrysler dealership.

 

 

RECOMMENDED ACTION:

Move to find:

 

 

(1)

That the proposed tax incentive for a Chrysler dealership will raise more revenue than the amount of the incentive within the duration of the agreement; and

 

 

(2)

That in the absence of a tax incentive, the retail business facility or similar retail business facility would not locate in the City in the same time, place or manner.

 

Mayor Presler moved to approve the recommended action, with second from Councilmember White.

 

Kevin Burke, City Manager; Wayne Fox, Rural Policy Institute; and Scott Baugh, applicant, participated in the discussion.

 

A Chrysler dealership is estimated to bring in $95,980.00 per year over a four year period in sales tax revenue.  In order to qualify for the incentive rebate, the dealer must:  (1) introduce the new brand within the next two years; (2) operate in Flagstaff for eight years; (3) generate $767,840.00 in sales tax; (4) continually employ thirty fulltime equivalent employees at a wage not less than $13.01 per hour, plus benefits; and, (5) agree not to sell new vehicles from the old Nissan site on Route 66.  If the conditions are not met, the rebate stops and the dealer is obligated to repay the rebate plus 10% within 30 days.

 

The introduction of a Chrysler dealership benefits the City by providing a product not currently available in the City, reducing the number of sales lost to out-of-City competitors, and by providing warranty service.  The economic benefit of job creation will positively impact the economic vitality of the City.  The increase in revenue will restore the HURF funding quicker, benefiting Sunnyside projects.

 

Chrysler’s letter of intent will expire in January, 2012.  The capital requirements to open a dealership have gone up exponentially; and, without the incentive, the dealership will be unable to locate in Flagstaff.  Three tentative loan approvals are pending.  The lenders are aware of the incentive, and will require verification prior to final loan approval.

 

The motion passed on majority vote.  Voting in favor were Mayor Presler, Vice-Mayor Barotz, Councilmembers Babbott, Brewster, and White.  Voting against were Councilmembers Evans and Overton.

 

E.

Consideration and Adoption of Resolution No. 2011-40:  A resolution of the Mayor and City Council of the City of Flagstaff, Coconino County, Arizona, adopting a notice of intent to enter into a retail development incentive agreement for a Chrysler dealership.

 

 

RECOMMEND ACTION:

Read Resolution No. 2011-40 by title only.

 

Councilmember White moved to read Resolution No. 2011-40 by title only.  The motion was seconded by Councilmember Brewster.

 

The motion passed on majority vote.  Voting in favor were Mayor Presler, Vice-Mayor Barotz, Councilmembers Babbott, Brewster, and White.  Voting against were Councilmembers Evans and Overton.  Title was read as follows:

 

 

Resolution No. 2011-40

 

 

 

A resolution of the Mayor and City Council of the City of Flagstaff, Coconino County, Arizona, adopting a notice of intent to enter into a retail development incentive agreement for a Chrysler dealership.

 

 

Councilmember White moved to adopt Resolution No. 2011-40, with second from Councilmember Brewster.  The motion passed on majority vote.  Voting in favor were Mayor Presler, Vice-Mayor Barotz, Councilmembers Babbott, Brewster, and White.  Voting against were Councilmembers Evans and Overton.

 

15.    DISCUSSION ITEMS

 

A.

Consideration/Discussion:  Flinn Foundation Bioscience Roadmap.

 

 

RECOMMENDED ACTION:

None.

 

The Flagstaff Chamber of Commerce is involved in the Bioscience steering committee.  The Chamber has received the policy principles discussion paper for Arizona Bioscience Roadmap steering committee and has been asked to review, comment, and provide support for University of Arizona Medical Center in Phoenix.  The document does not reference the Northern Arizona University TGEN endeavor.

 

Council consensus was to allow the Flagstaff Chamber of Commerce to make a presentation to Council.

 

16.    PUBLIC PARTICIPATION

 

None.

 

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

 

FOR FUTURE AGENDA ITEMS

 

Recent and future activities were the Youth Open House at Club 412, a “friend-raiser” for Friends of Willow Bend, a welcome for Louis Gonzalez of the Mexican Consulate, Rotary Club lunch, welcome to the Model Railroad Association, proclamation for the FACTS Afterschool Program, redistricting conversation, a Kingman trip for the Andy Devine Day parade, and Science Friday.

 

18.     ADJOURNMENT

 

There being no further business to come before the Council, the meeting was adjourned at 9:34  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 20, 2011.  I further certifty that the Meeting was duly called and held and that a quorum was present.

 

DATED this 5th day of October, 2011.

 

 

 

CITY CLERK