NOTE:

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

SUMMARIZED MINUTES

COUNCIL MEETING

February 15, 2005

6:00 p.m.

A Meeting of the Flagstaff City Council as held on February 15, 2005 convening at 6:07 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 Donaldson.

1.      PLEDGE OF ALLEGIANCE

Councilmember Babbott asked those present to stand for the Pledge of Allegiance.

2.      INVOCATION

Councilmember Babbott led a moment of silence.

3.      ROLL CALL

On roll call, the following were present:

Mayor Donaldson

Vice-Mayor White

Councilmember Babbott

Councilmember Cooper

Councilmember Haughey

Councilmember Kelty, Excused

Councilmember Silva

Also present were:

City Manager, Dave Wilcox

City Attorney, Patricia Boomsma

4.       MINUTES

A.

Consideration of Minutes: Regular Council Meeting of February 1, 2005.

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

Vice-Mayor White moved to approve the Minutes as submitted, seconded by Councilmember Babbott.  The motion passed on unanimous vote.

5.        PUBLIC PARTICIPATION

None.

Items Taken Out of Sequence

10.       ORDINANCES AND RESOLUTIONS

A.

Consideration of Ordinance No. 2005-06:  An ordinance amending Chapter 3-04 of the Flagstaff City Code regarding the posting of hotel and motel room rates.

RECOMMENDED ACTION:

Read Ordinance No. 2005-06 for the first time by title only.

Vice-Mayor White moved to read Ordinance No. 2005-06 for the first time by title only, seconded by Councilmember Haughey.

Speaking in opposition to the ordinance was:

Brad Dennison, P.O. Box 207, Flagstaff

The following arguments were made in opposition to the ordinance:

·         The ordinance does not allow for advertising for all different room types.

·         The cost associated with the process for posting rates, as well as for the City to monitor rates, should be considered.

·         The consequences of an audit should be considered.

·         The ordinance could be used to harass competitors.

Speaking in favor of the ordinance was:

Mark Ross, 1201 E. Ponderosa Parkway, #257, Flagstaff, on behalf of the Flagstaff Hospitality and Innkeepers Association.

The following reasons were given in support of the proposed ordinance:

·         Much public input into the process was sought and received.

·         Posting rates will provide tourists with a favorable impression of the community.

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

Ordinance No. 2005-06

An ordinance amending Chapter 3-04 of the Flagstaff City Code regarding the posting of hotel and motel room rates.

Return to Regular Agenda Order

At this time Mayor Donaldson recognized Eric Bercloth, a Boy Scout attending the Council meeting.  Mr. Bercloth explained he is working on a traffic study on Zuni Drive.

6.       CONSENT – GENERAL

A.

Consideration of Liquor License Application:  Dhavalkumar Patel, “Heena Mini Mart”, 2202 E. Route 66, Flagstaff, Arizona, Person and Location Transfer, Series 9.

RECOMMENDED ACTION:

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

B.

Consideration of Liquor License Application:  Roy Gardner, “El Capitan Fresh Mexican Grill”, 1800 S. Milton, Suite 21, Flagstaff, Arizona, New Series 12.

RECOMMENDED ACTION:

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

C.

Consideration of Purchase:  Modular furniture.

RECOMMENDED ACTION:

Approve the purchase from Goodmans under Arizona State Contract in the amount of $41,549.00 and a contingency of 10% for unanticipated expenses.

D.

Consideration of Purchase:  Public art.

RECOMMENDED ACTION:

Approve the purchase of three pieces of public art as follows: (1) “Unification” by Shawn Q. Houck in the amount of $5,000.00; (2) “Motion” by Eric Ryan Simmons in the amount of $5,000.00; and (3) “Untitled” by Geoffrey H. Gross in the amount of $5,000.00, contingent on agreement being reached for placement and ownership.

E.

Consideration of Payment:  Annual maintenance of Cisco Network Switching System.

RECOMMENDED ACTION:

Approve the service agreement with NEC Unified Solutions Inc. in the amount of $20,779.00 plus applicable sales tax.

F.

Consideration of Payment of Claim Expenses and/or Settlement Costs:  Hope Community Church versus The City of Flagstaff.

RECOMMENDED ACTION:

Authorize payments not to exceed a total of $50,000.00.

G.

Consideration of Payment of Claim Expenses and/or Settlement Costs: AutoLodge Motel versus The City of Flagstaff.

RECOMMENDED ACTION:

Authorize payments not to exceed a total of $50,000.00.

H.

Consideration of Approval:  Audited financial reports for June 30, 2004.

RECOMMENDED ACTION:

Approve the June 30, 2004 Comprehensive Annual Financial Report and the Single Audit Report.

Vice-Mayor White moved to approve the Consent-General Calendar with the exception of Item D.  Councilmember Cooper seconded the motion, which passed unanimously.

Returning to Item D, Councilmember Cooper moved to accept the recommended action, seconded by Vice-Mayor White.  The motion passed on unanimous vote.

7.      CONSENT – CONTRACTUAL

A.

Consideration of Extension of Bid:  Videotaping services.

RECOMMENDED ACTION:

Approve the second and final bid extension to Video Wizard Productions in the amount of $480.00 per taping, inclusive of tax.

B.

Consideration of Extension of Bid:  Radio maintenance.

RECOMMENDED ACTION:

(1) Approve the second and final bid extension to Star Page Communications at the prices and conditions listed on the staff summary attachment; and (2) authorize payment of  $25,000.00 for the second year of the bid.

C.

Consideration of Bid:  Curbside waste and recycle containers.

RECOMMENDED ACTION:

Approve the bid from Rehrig Pacific Company for a current rate of $38.00 per container plus graphic fees, freight and Arizona Use Tax.

D.

Consideration of Service Contract:  Telecommunications legal services.

RECOMMENDED ACTION:

Approve the contract with Miller & Van Eaton, P.L.L.C. on a time and expenses basis in an amount not to exceed $192,000.00 and approve time and expenses incurred to date.

E.

Consideration of Service Agreement:  Purchasing card program.

RECOMMENDED ACTION:

(1) Approve the agreement with Bank of America; and (2) authorize the City Manager to execute the necessary documents.

F.

Consideration of Settlement Agreement:  Lynch-Marsh, L.L.C. and Highland Mesa, L.L.C.

RECOMMENDED ACTION:

Approve the settlement agreement with Lynch-Marsh, L.L.C. and Highland Mesa, L.L.C., et al.

Councilmember Babbott moved to approve the Consent-Contractual Calendar, seconded by Councilmember Cooper.  The vote was unanimous in favor.

8.      BOARDS AND COMMISSIONS:

A.

Consideration of Appointments:  Community Housing Policy Task Force.

RECOMMENDED ACTION:

Discuss in Executive Session and make the appointments at the Council meeting as follows:  two appointments of Councilmember representatives.

Vice-Mayor White moved to appoint Councilmembers Babbott and Kelty as representatives to the Community Housing Policy Task Force.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

B.

Consideration of Appointments:  Community Housing Policy Task Force.

RECOMMENDED ACTION:

Discuss in Executive Session and make the appointments at the Council meeting as follows:  (1) one representative from a contractor-small; (2) one representative from a contractor-large; (3) one engineer; (4) one architect; (5) two representatives from non-profit housing; and (6) two citizens at large.

Councilmember Babbott moved to make the following appointments:

Dan Cothran

Northern Arizona University

Paul Kulpinski

Flagstaff Unified School District

Bill Towler

Coconino County Community Development

Jean Richmond-Bowman

Northern Arizona Building Association

Cass Rankin

Large Employer, Arizona Public Service

Brian Carlson

Small Contractor

George “Lynn” Hagen

Large Contractor

Michael Baird

Engineer

Paul Moore

Architect

Helen Hudgens Ferrell

Non-Profit Housing

David Lembke

Non-Profit Housing

Ann Ralles

Citizen at Large

Rick Meacham

Citizen at Large

The motion was seconded by Vice-Mayor White and passed on unanimous vote.

9.       PUBLIC HEARINGS

A.

Consideration of Public Hearing (LUP 05-001):  A request to amend the Land Use Plan of the Regional Land Use and Transportation Plan from High Density Residential to Medium Density Residential for a 40-acre site located at 801 East Zuni Drive.

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

Councilmember Cooper moved to open the public hearing, seconded by Councilmember Babbott.  The motion passed on unanimous vote.

Martin Ince, Planning Division, clarified that design review guideline reductions cannot be used in conjunction with affordable housing reductions.  Reductions for affordable housing are higher than under the design review guidelines and behave differently, depending on the percentage of affordable housing.

There being no public input, Councilmember Babbott moved to close the public hearing.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

B.

Consideration of Public Hearing (REZ 05-001):  A request to modify the conditions of a previous conditional rezoning to MR, Medium Density Residential, on a 40-acre site located at 801 Zuni Drive (south of Zuni Drive, west of Lone Tree Road, and north of John Wesley Powell Boulevard).

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

Councilmember Babbott moved to open the public hearing, seconded by Councilmember Silva.  The vote was unanimous in favor.

The developer, George “Lynn” Hagen spoke to the City Council of his past history of development in the community and involvement with local businesspeople and residents.  During the discussion with Council over an affordable housing component of the proposed townhome development, a number of issues and concerns were raised:

·         The current affordable housing incentive package does not work.

·           For an affordable housing program to work, the City will need to become involved in a land trust.

·         The proposed downzoning will increase the value of the homes.

·         The previously approved higher density development could never have been built because of resource protection requirements.

·         The slope, contour, open space, and resource requirements, in combination with topography of the land and developable area, make it impossible to develop at a substantially higher density.

·         Developers must be willing to make allowances for affordable housing.

·         The developer could use Phase I of the project to evaluate the impact of the Land Development Code and problems with affordable incentives and use that as a basis of discussion with the Affordable Housing Policy Task Force.

·         Phase II will be evaluated to see if some affordable units can be built.

·         Discussions with the developer will continue to attain some solidification of commitment.

There being no public input, Councilmember Haughey moved to close the public hearing.  The motion was seconded by Councilmember Babbott and passed on unanimous vote.

C.

Consideration of Ordinance No. 2005-05:  An ordinance amending Ordinance No. 1976, which conditionally rezoned approximately 40 acres of land at 801 East Zuni Drive from RR, Rural Residential District, to MR, Medium Residential District Conditional, by modifying the general conditions of Ordinance No. 1976.

RECOMMENDED ACTION:

Read Ordinance No. 2005-05 for the first time by title only.

Councilmember Babbott moved to read Ordinance No. 2005-05 for the first time by title only, seconded by Councilmember Silva.

Councilmember Babbott moved to amend the ordinance to include language allowing for flexibility in the total number of units to provide for an increased number of affordable units, preferably using the words “or more.”  The motion to amend was seconded by Councilmember Cooper and passed on unanimous vote.

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

Ordinance No. 2005-05

An ordinance amending Ordinance No. 1976, which conditionally rezoned approximately 40 acres of land at 801 East Zuni Drive from RR, Rural Residential District, to MR, Medium Residential District Conditional, by modifying the general conditions of Ordinance No. 1976.

10.     ORDINANCES AND RESOLUTIONS

B.

Consideration of Resolution No. 2005-12:  A resolution authorizing the submission of a grant application to the Arizona State Parks, Trails Heritage Fund, for Flagstaff Urban Trail System signage and authorizing the acceptance upon award of the grant agreement.

RECOMMENDED ACTION:

Read Resolution No. 2005-12 by title only.

Adopt Resolution No. 2005-12.

Councilmember Silva moved to read Resolution No. 2005-12 by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2005-12

A resolution authorizing the submission of a grant application to the Arizona State Parks, Trails Heritage Fund, for Flagstaff Urban Trail System signage and authorizing the acceptance upon award of the grant agreement.

Councilmember Haughey moved to adopt Resolution No. 2005-12, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

C.

Consideration of Resolution No. 2005-13:  A resolution supporting reauthorization of the Transportation Equity Act for the 21st Century.

RECOMMENDED ACTION:

Read Resolution No. 2005-13 by title only.

Adopt Resolution No. 2005-13.

David Wessel, Flagstaff Metropolitan Planning Organization, provided a brief background on the item.

Vice-Mayor White moved to read Resolution No. 2005-13 by title only, seconded by Councilmember Babbott.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2005-13

A resolution supporting reauthorization of the Transportation Equity Act for the 21st Century.

Councilmember Haughey moved to adopt Resolution No. 2005-13, seconded by Councilmember Cooper.  The vote was unanimous in favor.

11.     OTHER BUSINESS

(No items were submitted.)

12.    INFORMATIONAL ITEMS TO OR FROM MAYOR, COUNCIL OR CITY MANAGER.

Mayor Donaldson requested a list of projects that may be deferred or not started if the Transportation Equity Act is not reauthorized, in order to discuss with our legislators in Washington D.C. in March.

13.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 7:04 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 February 15, 2005.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 2nd day of March, 2005.

CITY CLERK