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

March 1, 2005

6:00 p.m.

A Meeting of the Flagstaff City Council as held on March 1, 2005 convening at 6:09 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

Vice-Mayor White asked those present to stand for the Pledge of Allegiance.

2.      INVOCATION

Vice-Mayor White 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

Councilmember Silva

Also present were:

City Manager, Dave Wilcox

City Attorney, Patricia Boomsma

4.       MINUTES

A.

Consideration of Minutes: Regular Council Meeting of February 15, 2005.

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

Councilmember Cooper moved to approve the minutes as corrected.  Vice-Mayor White seconded the motion, which passed on unanimous vote.

5.        PUBLIC PARTICIPATION

None.

6.       CONSENT – GENERAL

A.

Consideration of Liquor License Application:  Victoria E. Lyden, “Vino Loco”, 120 N Leroux Street, Suite 105, Flagstaff, Arizona, New License, Series 10.

RECOMMENDED ACTION:

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

B.

Consideration of Purchase on State Contract and City of Mesa Contract:  Light Emitting Diodes (LED’s).

RECOMMENDED ACTION:

(1) Approve the purchase from Consolidated Electrical Distributors under State contract at the amounts listed on the staff summary attachment; and (2) approve the purchase from Dialight Corporation under the City of Mesa contract at prices listed on the staff summary attachment.

C.

Consideration of Payment:  Annual physical exam services for Fire Department personnel.

RECOMMENDED ACTION:

Approve payments to Dr. Mark Seby, M.D./P.C., not to exceed a total of $22,000.00.

D.

Consideration of Payment of Claim Expenses and/or Settlement Costs:  Adam Fry versus the City of Flagstaff.

RECOMMENDED ACTION:

Approve payments not to exceed a total of $30,000.00.

Vice-Mayor White moved to approve the Consent-General Calendar, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

7.      CONSENT – CONTRACTUAL

A.

Consideration of Extension of Annual Bid:  Self-contained breathing apparatus.

RECOMMENDED ACTION:

Approve the first extension of the bid to First-In Incorporated at the prices listed on the staff summary attachment.

B.

Consideration of Annual Bid:  Desktop ordering of office supplies.

RECOMMENDED ACTION:

Approve the bid from Office Depot at the prices and percentages listed on the staff summary attachment.

C.

Consideration of Annual Bid:  Commercial solid waste containers.

RECOMMENDED ACTION:

Approve the bid from Rocky Mountain Welding and Fabrications the staff summary attachment.

D.

Consideration of Bid:  NAU reclaim conversion project, Phase II.

RECOMMENDED ACTION:

Approve the base and alternate bid from Eagle Mountain Construction in the amount of $553,771.00, which includes a $40,000.00 contract allowance.

E.

Consideration of Change Order No. 1:  Completion of the City Hall UPS project under the energy conservation and management services Work Order No. 1.

RECOMMENDED ACTION:

Approve Change Order No. 1 to APS Energy Services for the additional scope of work in an amount not to exceed $39,000.00.

F.

Consideration of Additional Appropriation:  Northern Arizona incubator project.

RECOMMENDED ACTION:

Authorize an increase in the GFEC budgeted appropriation in an amount not to exceed $50,000.00.

Vice-Mayor White moved to approve the Consent-Contractual Calendar with the exception of Item B.  Councilmember Haughey seconded, and the vote was unanimous in favor.

Returning to Item B, Councilmember Haughey moved to approve, seconded by Councilmember Silva.

During Council discussion, the following arguments were made in favor of the annual bid:

·                      

If staff has the ability to randomly pick vendors it will defeat the “lowest-bid” process.

·                      

Rejecting the bid would amount to micro-managing staff.

·                      

An emergency clause exists which would allow employees to order elsewhere in the case of an emergency.

The following arguments were made in opposition to the annual bid:

·          

Staff would be restricted from ordering from other vendors in the case of a special event or cause.

The motion passed on majority vote with Mayor Donaldson and Councilmembers Babbott, Cooper, Haughey, Kelty, and Silva voting in favor, and Vice-Mayor White opposed.

Items Taken Out of Sequence

10.    ORDINANCES AND RESOLUTIONS

L.

Consideration of Resolution No. 2005-21:  A resolution authorizing amendment of an agreement between the City of Flagstaff and the Flagstaff Housing Corporation with regard to the Clark Homes property.

RECOMMENDED ACTION:

Read Resolution No. 2005-21 by title only.

Adopt Resolution No. 2005-21.

Councilmember Cooper moved to Read Resolution No. 2005-21 by title only, seconded by Vice Mayor White.

Dana Kjellgren, Assistant City Attorney, gave a brief history of the item and the need for passing the resolution.

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

Resolution No. 2005-21

A resolution authorizing amendment of an agreement between the City of Flagstaff and the Flagstaff Housing Corporation with regard to the Clark Homes property.

Councilmember Haughey moved to adopt Resolution No. 2005-21, seconded by Vice-Mayor White.  The vote was unanimous in favor.

Items Taken Out of Sequence

K.

Consideration of Resolution No. 2005-20:  A resolution opposing elimination of the Community Development Block Grant Program (CDBG).

RECOMMENDED ACTION:

Read Resolution No. 2005-20 by title only.

Adopt Resolution No. 2005-20.

Vice-Mayor White moved to read Resolution No. 2005-20 by title only, seconded by Councilmember Haughey.

Sarah Darr, Housing Planner, provided the Council background information on the item.

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

Resolution No. 2005-20

A resolution opposing elimination of the Community Development Block Grant Program (CDBG).

Councilmember Haughey moved to adopt Resolution No. 2005-20, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

Items Taken Out of Sequence

9.       PUBLIC HEARINGS

A.

Consideration of Public Hearing (PC LUP 2005-002):  A request for an amendment to the Flagstaff Area Regional Land Use and Transportation Plan to change approximately 1.81 acres of land located at 3600 North Wayman Street from Parks to Low Density Residential category.

RECOMMENDED ACTION:

Open the public hearing. 

Receive citizen input. 

Close the public hearing.

Vice-Mayor White moved to open the public hearing, seconded by Councilmember Kelty.  The vote was unanimous in favor.

Opposed to the proposed changes to the Flagstaff Area Regional Land Use and Transportation Plan were:

Marilyn Morgan, 2241 E. Forest Heights Drive

Dean Schill, 3661 N. Walker

Cynthia Johnson, 1545 E. Linda Vista

Harper Johnson, 1545 E. Linda Vista

The following arguments were made against the enactment of the zoning change:

·          

In 1996, Linda Vista Park was one of 13 parks slated for improvements on the City’s successful Parks and Facilities Bond Election.

·          

The voters’ intent was clear that this land would be dedicated for open space and/or recreational park use.

·          

In 2002, the Parks and Recreation Division decided Linda Vista Park was too small to develop and abandoned their plans for improvements.

·          

When the quitclaim deed came before the City Council in 2003, they were not told the park had been a part of the City’s Parks and Facilities Bond Election.

·          

No public notice was given to the adjacent homeowners that the park was being abandoned and ownership was reverting back to the original grantor.

·          

The values of adjoining properties have been impacted by the understanding that the land had been dedicated by the City for open space and/or recreational park use.

·        .

The City has broken a social contract with the public, and trust will be an issue in future bond elections.

Speaking neither in opposition nor in favor of the zoning change was:

Jack Welch, 2600 East 7th Street, #18

·          

The City Council should ascertain the viability of the easement through the proposed development before deciding to remove it from the plan.

Councilmember Haughey moved to close the public hearing, seconded by Councilmember Silva.  The motion passed on unanimous vote.

B.

Consideration of Resolution No. 2005-14:  A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan to change approximately 1.81 acres of land located at 3600 North Wayman Street from Parks designation to Low Density Residential designation.

RECOMMENDED ACTION:

Read Resolution No. 2005-14 by title only.

Adopt Resolution No. 2005-14.

Councilmember Cooper moved to read Resolution No. 2005-14 by title only, seconded by Councilmember Silva.

During Council conversation, the following issues were discussed:

·        .

In 1996 when the Council went to the voters and asked for a bond, promising to fund improvements for a list of parks, it rose to the level of a social contract with the voters and the homeowners who purchased adjoining property

·         

The City had a contract with Steves Brothers Construction to either use the deeded land as a park, or the property would revert back to Steves Brothers, which it did.

·         

Councilmembers approved the quitclaim deed, but at the time did not discuss the City’s responsibilities to fulfill the bond obligations.

·         

Denying the zoning change will not make up for the fact that the land has already reverted back to the grantor, and no longer belongs to the City.

·         

Liabilities may exist in denying the zoning change.

·         

Council needs to be fair and consider its obligations to the new owners of the property.

·         

The Council is in an untenable position.

Councilmember Babbott stated he would like to receive a legal opinion, perhaps from the City’s bond counsel, regarding the City’s responsibility to carry out the voters’ intentions regarding this land in the1996 bond election.

Patricia Boomsma, City Attorney, suggested that the Council could have the first reading tonight, then meet in Executive Session before the second reading to receive legal advice.  Or, Council could elect to amend the motion to continue until April 5, 2005.

Councilmember Silva moved to amend the motion to continue the item to the April 5, 2005 Council Meeting, seconded by Councilmember Kelty.

Steve Thompson, attorney for the developer, asked the Council to consider that tabling the item will delay the project.  The developer has sought public input over several months, conducted the required meetings, and has done its best to put forward a project that will please everyone.

The motion to amend passed on majority roll call vote as follows:

Mayor Donaldson

Nay

Vice-Mayor White

Aye

Councilmember Babbott

Aye

Councilmember Cooper

Nay

Councilmember Haughey

Aye

Councilmember Kelty

Aye

Councilmember Silva

Aye

The motion to continue to April 5, 2005 passed on unanimous vote.

C.

Consideration of Public Hearing (PC REZ 2005-002):  A request to rezone approximately 1.81 acres of land located at 3600 North Wayman Street from PLO-E, Public Lands and Open Space Established District, to R1 Single-Family Residential District.

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

Vice-Mayor White moved to open the public hearing, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

Speaking in opposition to rezoning were:

Marilyn Morgan, 2241 E. Forest Heights Drive

Cynthia Johnson, 1545 E. Linda Vista

Harper Johnson, 1545 E. Linda Vista

During the public hearing, Council identified the advantages of the proposed pedestrian linkages and easements in the development:

·   

The easements are in line with the community’s value of pedestrian connectivity.

·   

The benefit of connecting neighborhoods is recognized in the Regional Plan.

·   

The linkages are important even though a park no longer exists in this area.

·   

The easement in question was not conditional on the existence of a park in this area.

The disadvantages of the proposed pedestrian linkages and easements in the development were discussed:

·          

While connectivity is a good idea in new developments, this area was never designed to be a walkable community.

·         

The requirement for easements should be removed in deference to the residents who already live there.

·         

Requiring easements would compound the wrong that has already been done to the residents.

·         

The original easements were there to connect to the original open space or park.

Vice-Mayor White moved to close the public hearing, seconded by Councilmember Kelty.  The vote was unanimous in favor.

D.

Consideration of Ordinance No. 2005-07:  An ordinance rezoning approximately 1.81 acres of land located at 3600 North Wayman Street from: PLO-E, Public Lands and Open Space, to R1, Single-Family Residential.

RECOMMENDED ACTION:

Read Ordinance No. 2005-07 for the first time by title only.

Councilmember Cooper moved to read Ordinance No. 2005-07 for the first time by title only, seconded by Councilmember Kelty.

Councilmember Haughey moved to amend Exhibit B to the ordinance to remove the public access portion at the north end of the cul-de-sac, seconded by Councilmember Silva.

The motion to amend passed on majority vote with Mayor Donaldson, Vice-Mayor White, and Councilmembers Babbott, Haughey, Kelty and Silva voting in favor, and Councilmember Cooper voting against.

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

Ordinance No. 2005-07

An ordinance rezoning approximately 1.81 acres of land located at 3600 North Wayman Street from: PLO-E, Public Lands and Open Space, to R1, Single-Family Residential.

10.     ORDINANCES AND RESOLUTIONS

A.

Consideration of Resolution No. 2005-15:  A resolution approving the development agreement between the City of Flagstaff and Empire Residential Construction, L.P.

RECOMMENDED ACTION:

Read Resolution No. 2005-15 by title only.

Adopt Resolution No. 2005-15.

Councilmember Haughey moved to read Resolution No. 2005-15 by title only, seconded by Councilmember Silva.

Councilmember Kelty moved to table Item 10A until the April 5, 2005 Council Meeting, seconded by Vice-Mayor White.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor White, and Councilmembers Cooper, Haughey, Kelty and Silva voting in favor, and Councilmember Babbott voting against.

B.

Consideration of Resolution No. 2005-16:  A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan to change approximately 31 acres of land at 801 East Zuni Drive from High Density Residential designation to Medium Density Residential designation.

RECOMMENDED ACTION:

Read Resolution No. 2005-16 by title only.

Adopt Resolution No. 2005-16.

Vice-Mayor White moved to table Item 10B until the April 5, 2005 Council Meeting, seconded by Councilmember Kelty.

After a lengthy discussion between developer George Lynn Hagen and the Council regarding the language of the proposed development agreement, and the desire by all parties to not delay the project, Vice-Mayor White moved to amend his motion to table the item until March 7, 2005 instead of April 5, 2005, seconded by Councilmember Cooper.

Vice-Mayor White moved to reconsider 10A, to table the item to March 7, 2005 instead of April 5, 2005, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

Councilmember Haughey moved to continue Items 10A, B, C, and D until March 7, 2005, seconded by Councilmember Kelty.  The motion 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 final time by title only.

Adopt Ordinance No. 2005-05.

(Continued to March 7, 2005.)

D.

Consideration of SUB 05-001:  A request for approval of a tentative plat for Pinnacle Pines Unit 1, a 102-unit townhouse subdivision on 22.28 acres located at 801 East Zuni Drive in the MR, Medium Density Residential zoning district.

RECOMMENDED ACTION:

The Planning and Zoning Commission recommends approving the tentative plat with the conditions outlined in the staff summary attachment, and authorizing the Mayor to sign the final plat and City/Subdivider Agreement when notified by the Development Review Board that all conditions have been met and documents are ready for recording.

(Continued to March 7, 2005.)

E.

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 2005-06 for the final time by title only.

Adopt Ordinance No. 2005-06.

Vice-Mayor White moved to read Ordinance 2005-06 for the final time by title only, seconded by Councilmember Cooper.  The vote was unanimous in favor and title was read as follows:

Ordinance 2005-06

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

Vice-Mayor moved to adopt Ordinance No. 2005-06, seconded by Councilmember Kelty.  The motion passed on unanimous vote.

Return to Regular Agenda Order

8.      BOARDS AND COMMISSIONS:

A.

Consideration of Appointment:  Councilmember representative to the Cocopai Resource Conservation and Development (RC&D) Council.

RECOMMENDED ACTION:

Discuss in Executive Session and make the appointment at the Council meeting.

Councilmember Babbott moved to table, seconded by Vice-Mayor White.  The motion passed on unanimous vote.

10.       ORDINANCES AND RESOLUTIONS

F.

Consideration of Ordinance No. 2005-08:  An ordinance amending Title 2, Boards and Commissions, Chapter 19, Historic Preservation Commission, of the City Code to make changes in the number and makeup of the Commission’s membership and other changes.

RECOMMENDED ACTION:

Read Ordinance No. 2005-08 for the first time by title only.

Councilmember Silva moved to read Ordinance No. 2005-08 for the first time by title only, seconded by Councilmember Cooper.  The motion passed on unanimous vote and title was read as follows:

Ordinance No. 2005-08

An ordinance amending Title 2, Boards and Commissions, Chapter 19, Historic Preservation Commission, of the City Code to make changes in the number and makeup of the Commission’s membership and other changes.

G.

Consideration of Resolution No. 2005-17:  A resolution designating the document known as the “Real Property Descriptions for Proposed Land Acquisitions for Development of the Flagstaff Urban Trail System on U.S. Highway 180” as a public record.

RECOMMENDED ACTION:

Read Ordinance No. 2005-17 for the first time by title only.

Adopt Ordinance No. 2005-17.

Councilmember Silva moved to read Ordinance No. 2005-17 for the first time by title only, seconded by Councilmember Cooper.  The vote was unanimous in favor and title was read as follows:

Ordinance No. 2005-17

A resolution designating the document known as the “Real Property Descriptions for Proposed Land Acquisitions for Development of the Flagstaff Urban Trail System on U.S. Highway 180” as a public record.

Vice-Mayor White moved to adopt Ordinance No. 2005-17, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

H.

Consideration of Ordinance No. 2005-09:  An ordinance adopting and incorporating by reference the real property descriptions for proposed land acquisitions for development of the Flagstaff Urban Trail System on U.S. Highway 180 and authorizing the acquisition of real property for the urban trail along U.S. Highway 180 from Sechrist School to Fremont Drive.

RECOMMENDED ACTION:

Read Ordinance No. 2005-09 for the first time by title only.

Councilmember Cooper moved to read Ordinance No. 2005-09 for the first time by title only, seconded by Councilmember Silva.  The vote was unanimous in favor and title was read as follows:

Ordinance No. 2005-09

An ordinance adopting and incorporating by reference the real property descriptions for proposed land acquisitions for development of the Flagstaff Urban Trail System on U.S. Highway 180 and authorizing the acquisition of real property for the urban trail along U.S. Highway 180 from Sechrist School to Fremont Drive.

I.

Consideration of Resolution No. 2005-18:  A resolution authorizing the acceptance of a grant agreement from the Arizona Department of Commerce for the LED Lamp Replacement – Phase II project.

RECOMMENDED ACTION:

Read Resolution No. 2005-18 by title only.

Adopt Resolution No. 2005-18.

Vice-Mayor White moved to read Resolution No. 2005-18 by title only, seconded by Councilmember Cooper.  The vote was unanimous in favor and title was read as follows:

Resolution No. 2005-18

A resolution authorizing the acceptance of a grant agreement from the Arizona Department of Commerce for the LED Lamp Replacement – Phase II project.

Councilmember Silva moved to adopt Resolution No. 2005-18, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

J.

Consideration of Resolution No. 2005-19:  A resolution authorizing an intergovernmental agreement between the City of Flagstaff and the Coconino County Recorder’s Office to conduct the City’s May 17, 2005 Special Mail Ballot Election.

RECOMMENDED ACTION:

Read Resolution No. 2005-19 by title only.

Adopt Resolution No. 2005-19.

Councilmember Haughey moved to read Resolution No. 2005-19 by title only, seconded by Vice-Mayor White.  The motion passed unanimously and title was read as follows:

Resolution No. 2005-19

A resolution authorizing an intergovernmental agreement between the City of Flagstaff and the Coconino County Recorder’s Office to conduct the City’s May 17, 2005 Special Mail Ballot Election.

Councilmember Silva moved to adopt Resolution No. 2005-19, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

11.     OTHER BUSINESS

A.

Consideration of Meeting Cancellation:  March 15, 2005, City Council Meeting.

RECOMMENDED ACTION:

Cancel the City Council meeting of March 15, 2005.

Councilmember Silva moved to approve the recommended action, seconded by Councilmember Babbott.  The vote was unanimous in favor.

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

Councilmember Babbott reminded staff that the 3-year comprehensive update on the Land Development Code is coming up due and should be scheduled for an upcoming Work Session.

13.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 9:07 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 March 1, 2005.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 6th day of April, 2005.

CITY CLERK