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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 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

 

June 21, 2005

6:00 p.m.

 

A Meeting of the Flagstaff City Council as held on June 21, 2005 convening at 6:00 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 Donaldson.

 

1.      PLEDGE OF ALLEGIANCE

 

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

 

2.      INVOCATION

 

Councilmember Haughey 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:  Special Council Meeting of May 26, 2005, and the Regular Council Meeting of June 7, 2005.

 

 

RECOMMENDED ACTION:

Approve the Minutes as submitted/corrected.

 

5.        PUBLIC PARTICIPATION

 

Carlton Conrad, 904 W. Grand Canyon Avenue, #2, Flagstaff, stated the City of Flagstaff has no ordinance prohibiting parked vehicles from blocking crosswalks.  Mayor Donaldson asked Dave Wilcox, City Manager, to contact Mr. Conrad regarding his concerns.

 

6.       CONSENT – GENERAL

 

A.

Consideration of Liquor License Application:  Leonardo E. Castro, “Big Ranch Restaurant”, 1580 East Route 66, Flagstaff, Arizona, New Series 12 (Restaurant).

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and make a recommendation at the Council meeting.

 

B.

Consideration of Write-Offs:  Environmental and stormwater fees, and water, sewer, refuse, and recycling accounts for the fiscal year ending June 30, 2005.

 

 

RECOMMENDED ACTION:

Approve the write-off of the uncollectible delinquent and bankrupt accounts in the amount of $36,852.97.

 

C.

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

 

 

RECOMMENDED ACTION:

Approve payments not to exceed a total of $40,000.00.

 

D.

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

 

 

RECOMMENDED ACTION:

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

 

Councilmember Babbott moved to approve the Consent-General Calendar with the exception of Items 6A, 6B, and 6C.  The motion was seconded by Councilmember Kelty, and passed on unanimous vote.

 

Returning to Item 6A, Councilmember Haughey moved to recommend to the State of Arizona denial of the submitted liquor license application on the grounds that the applicant has not made a satisfactory showing of capability, qualifications, and reliability by filing a false application with the Department of Liquor Licenses and Control.  The motion was seconded by Vice-Mayor White, and passed on unanimous vote.

 

Returning to Item 6B, Councilmember Cooper moved to approve the write-offs in the amount of $42,781.51, seconded by Councilmember Babbott.  The vote was unanimous in favor.

 

Returning to Item 6C, Councilmember Silva moved to approve payments in an amount not to exceed $50,000.00.  The motion was seconded by Councilmember Kelty, and passed on unanimous vote.

 

7.      CONSENT – CONTRACTUAL

 

A.

Consideration of Bid:  Paving patch material.

 

 

RECOMMENDED ACTION:

Approve the bid from Mesa Materials, Incorporated, in the amount of $75.00 per ton, plus freight and tax for a period of three years.

 

B.

Consideration of Confirming Change Order No. 2:  Multi-modal transportation facilities around South Beaver Elementary School.

 

 

RECOMMENDED ACTION:

(1) Approve Confirming Change Order No. 2 with Kinney Construction Services, Inc. for a cost increase of $78,383.30; and (2) authorize the City Manager to execute the necessary documents.

 

C.

Consideration of Confirming Change Order No. 3:  Empire Avenue extension project.

 

 

RECOMMENDED ACTION:

(1) Approve Confirming Change Order No. 3  to Sundt Construction, Inc. for a cost increase of $113,409.80 with a contract time extension of 24 days; and (2) authorize the City Manager to execute the necessary documents.

 

D.

Consideration of Lease:  Office space in the Flagstaff Airport terminal building.

 

 

RECOMMENDED ACTION:

(1) Approve the lease with Apple Realty for an annual rent to the City of $26.30 per square foot for 144 square feet; and (2) authorize the Mayor to sign the contract.

 

E.

Consideration of Construction Contract:  Cedar Avenue F.U.T.S. pedestrian/bike bridge.

 

 

RECOMMENDED ACTION:

(1) Approve the contract with Sundt Construction in the amount of $795,278.00, which includes a $32,000.00 contract allowance; and (2) authorize the City Manager to execute the necessary documents.

 

F.

Consideration of Real Estate Purchase and Sale Agreement:  Cheshire F.U.T.S. trail segment.

 

 

RECOMMENDED ACTION:

Approve the real estate purchase and sale agreement with L. Thomas Atwood in the amount of $213,000.00.

 

Vice-Mayor White moved to approve the Consent-Contractual Calendar with the exception of Item 7E.  The motion was seconded by Councilmember Silva and passed on unanimous vote.

 

Returning to Item 7E, Vice-Mayor White moved to table, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

 

8.      BOARDS AND COMMISSIONS

 

A.

Consideration of Appointments:  Personnel Board.

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and make the five appointments at the Council meeting as follows: two appointments to terms expiring October 2006, and three appointments to terms expiring October 2007.

 

Mayor Donaldson moved to table, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

B.

Consideration of Appointments:  Board of Adjustment.

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make one appointment to a term expiring May 2008.

 

Mayor Donaldson moved to appoint Brian Woods to a term expiring May 2008, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

 

C.

Consideration of Appointments:  Historic Preservation.

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and make three appointments at the Council meeting as follows:  One at-large term expiring December 2006, one at-large term expiring December 2007, and one historic property owner term expiring December 2007.

 

Councilmember Cooper moved to appoint Charlotte Welch to an at-large term expiring December 2006; John Schreiber to an at-large term expiring December 2007; and Jerry McLaughlin to a historic property owner term expiring December 2007.  The motion was seconded by Vice-Mayor White and passed on unanimous vote.

 

D.

Consideration of Appointments:  Flagstaff Housing Authority.

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make the appointment to a resident term expiring November, 2005.

 

Councilmember Babbott moved to appoint Lesley Gould to a partial term expiring November 2005.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

 

E.

Consideration of PC SUB 2005-003:  A request from Joe Vila for tentative plat approval for Schecter/Vila subdivision containing 46 single-family lots on 68.12 acres of land located at 261 North Fort Valley Road, ER, Estate and RR, Rural Residential Districts.

 

 

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.

 

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

 

9.       PUBLIC HEARINGS

 

A.

Consideration of Public Hearing:  Property Tax Levy for Fiscal Year 2005-2006.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

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

 

Beverly Loomis, 4716 E. Hightimber Lane, stated that property assessments in Flagstaff have gone up considerably in recent years, and questioned the City’s need to increase property taxes.  Dave Wilcox, City Manager, explained that the total property tax rates will be going down 0.05 overall.  However, when the assessed value of a home goes up, it impacts the amount of property taxes paid.

 

There being no further public input, Vice-Mayor White moved to close the public hearing, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

B.

Consideration of Property Tax Level.

 

 

RECOMMENDED ACTION:

Approve by roll call vote the proposed change in property tax level.

 

Councilmember Babbott moved to approve the recommended action, seconded by Councilmember Silva.  The motion passed on unanimous roll call vote as follows:

 

 

Mayor Donaldson

Aye

 

Vice-Mayor White

Aye

 

Councilmember Babbott

Aye

 

Councilmember Cooper

Aye

 

Councilmember Haughey

Aye

 

Councilmember Kelty

Aye

 

Councilmember Silva

Aye

 

C.

Consideration of Public Hearing:  Proposed Fiscal Year 2005-06 Budget.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

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

 

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

 

D.

Consideration of Resolution No. 2005-66:  A resolution of the Council of the City of Flagstaff, Arizona adopting the tentative estimates of the amounts required for the public expense for the City of Flagstaff for the Fiscal Year 2005-06; adopting a tentative budget; setting forth the receipts and expenditures; the amount proposed to be raised by direct property taxation; giving notice of the time for hearing taxpayers, for adopting of budget and for fixing the tax levies.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2005-66 by title only.

Adopt Resolution No. 2005-66.

 

Vice-Mayor White moved to read Resolution No. 2005-66 by title only, seconded by Councilmember Cooper.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2005-66

 

 

 

A resolution of the Council of the City of Flagstaff, Arizona adopting the tentative estimates of the amounts required for the public expense for the City of Flagstaff for the Fiscal Year 2005-06; adopting a tentative budget; setting forth the receipts and expenditures; the amount proposed to be raised by direct property taxation; giving notice of the time for hearing taxpayers, for adopting of budget and for fixing the tax levies.

 

 

Councilmember Haughey moved to adopt Resolution No. 2005-66, seconded by Vice-Mayor White.  The vote was unanimous in favor.

 

10.     ORDINANCES AND RESOLUTIONS

 

A.

Consideration of Resolution No. 2005-67:  A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan to change approximately 4.55 acres of land located at 2901 West Shamrell Boulevard from Urban Open Space Designation to Office/Business Park/Light Industrial.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2005-67 by title only.

Adopt Resolution No. 2005-67.

 

Councilmember Haughey moved to read Resolution No. 2005-67 by title only, seconded by Councilmember Silva.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2005-67

 

 

 

A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan to change approximately 4.55 acres of land located at 2901 West Shamrell Boulevard from Urban Open Space Designation to Office/Business Park/Light Industrial.

 

 

Councilmember Silva moved to adopt Resolution No. 2005-67, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

B.

Consideration of Ordinance No. 2005-14:  An ordinance rezoning approximately 4.55 acres of land located at 2901 West Shamrell Boulevard from undesignated (formerly Interstate 17, right-of-way) to BPI, Business Park Intermediate District, Conditional.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2005-14 for the final time by title only.

Adopt Ordinance No. 2005-14.

 

Councilmember Cooper moved to read Ordinance No. 2005-14 for the final time by title only, adopting Option B.  The motion died due to a lack of a second.

 

Vice-Mayor White moved to read Ordinance No. 2005-14 for the final time by title only, adopting Option A, seconded by Councilmember Haughey.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor White, and Councilmembers Babbott, Haughey, Kelty and Silva voting in favor, and Councilmember Cooper opposed.  Title was read as follows:

 

 

Ordinance No. 2005-14

 

 

 

An ordinance rezoning approximately 4.55 acres of land located at 2901 West Shamrell Boulevard from undesignated (formerly Interstate 17, right-of-way) to BPI, Business Park Intermediate District, Conditional.

 

 

Vice-Mayor White moved to adopt Ordinance No. 2005-14, seconded by Councilmember Haughey.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor White, and Councilmembers Babbott, Haughey, Kelty and Silva voting in favor, and Councilmember Cooper opposed.

 

C.

Consideration of Resolution No. 2005-68:  A resolution approving an intergovernmental agreement between the State of Arizona (“State”) and the City of Flagstaff (“City”) for participation in the design, construction and maintenance of a multi-use pathway located on the west side of U.S. Highway 180 from Sechrist Elementary School to West Navajo Road.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2005-68 by title only.

Adopt Resolution No. 2005-68.

 

Councilmember Cooper moved to read Resolution No. 2005-68 by title only, seconded by Councilmember Silva.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2005-68

 

 

 

A resolution approving an intergovernmental agreement between the State of Arizona (“State”) and the City of Flagstaff (“City”) for participation in the design, construction and maintenance of a multi-use pathway located on the west side of U.S. Highway 180 from Sechrist Elementary School to West Navajo Road.

 

 

Councilmember Haughey moved to adopt Resolution No. 2005-68, seconded by Councilmember Silva.  The vote was unanimous in favor.

 

D.

Consideration of Resolution No. 2005-69:  A resolution authorizing an intergovernmental agreement between the City of Flagstaff and the Arizona Board of Regents for and on behalf of Northern Arizona University’s Sustainable Energy Solutions Group (NAUSES) for the loan of an anemometer to collect wind data.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2005-69 by title only.

Adopt Resolution No. 2005-69.

 

Councilmember Cooper moved to read Resolution No. 2005-69 by title only, seconded by Councilmember Silva.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2005-69

 

 

 

A resolution authorizing an intergovernmental agreement between the City of Flagstaff and the Arizona Board of Regents for and on behalf of Northern Arizona University’s Sustainable Energy Solutions Group (NAUSES) for the loan of an anemometer to collect wind data.

 

 

Councilmember Silva moved to adopt Resolution No. 2005-69, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

E.

Consideration of Resolution No. 2005-70:  A resolution of the Mayor and Council of the City of Flagstaff, Arizona, amending the Council rules of Procedure by reducing the number of regularly scheduled Council meetings during the months of July and August each year; providing for the adoption of a yearly meeting schedule; and declaring an emergency.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2005-70 by title only.

Adopt Resolution No. 2005-70.

 

Councilmember Cooper moved to read Resolution No. 2005-70 by title only, seconded by Councilmember Haughey. 

 

Councilmember Kelty moved to amend Resolution No. 2005-70 under Section 4.03 to read as follows:  The City Council hereby agrees that no Work or Study Session will be held during the summer break period beginning on the Monday preceding the first Tuesday of August, through and including the second Tuesday of August, unless called as a special meeting as provided in Section 4.02 of these rules.  The motion was seconded by Councilmember Babbott.

 

Councilmember Kelty moved to amend her amendment as follows: 

 

 

1.

Change 4.01 to include the word “July” after “June”, and remove “and on the first Tuesday of July.”

 

2.

In Section 1 of the Resolution, remove “the third Tuesday of July.”

 

3.

Change Section 2 of the Resolution to eliminate the first Monday and Tuesday and second Monday in August.

 

The motion was seconded by Councilmember Babbott and defeated on roll call vote as follows:

 

 

Mayor Donaldson

Nay

 

Vice-Mayor White

Aye

 

Councilmember Babbott

Aye

 

Councilmember Cooper

Nay

 

Councilmember Haughey

Nay

 

Councilmember Kelty

Aye

 

Councilmember Silva

Nay

 

The motion to read Resolution No. 2005-70 by title only failed on roll call vote as follows:

 

 

Mayor Donaldson

Nay

 

Vice-Mayor White

Nay

 

Councilmember Babbott

Aye

 

Councilmember Cooper

Nay

 

Councilmember Haughey

Nay

 

Councilmember Kelty

Aye

 

Councilmember Silva

 

Nay

F.

Consideration of Resolution No. 2005-71:  A resolution approving an intergovernmental agreement between the State of Arizona (“State”) and the City of Flagstaff (“City”) for transferring ownership and maintenance responsibility from the State to the City for a section of Lake Mary Road located from Beulah Boulevard to just east of Anita Avenue.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2005-71 by title only.

Adopt Resolution No. 2005-71.

 

Councilmember Silva moved to read Resolution No. 205-71 by title only, seconded by Councilmember Cooper.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2005-71

 

 

 

A resolution approving an intergovernmental agreement between the State of Arizona (“State”) and the City of Flagstaff (“City”) for transferring ownership and maintenance responsibility from the State to the City for a section of Lake Mary Road located from Beulah Boulevard to just east of Anita Avenue.

 

 

Councilmember Haughey moved to adopt Resolution No. 2005-71, seconded by Councilmember Silva.  The vote was unanimous in favor.

 

G.

Consideration of Resolution No. 2005-72:  A resolution approving an intergovernmental agreement between the State of Arizona through the Department of Transportation and the City of Flagstaff authorizing funding for, and the installation and maintenance of, roadway lighting pull boxes on U.S. Highway 89 located from milepost 419.41 to 420.87.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2005-72 by title only.

Adopt Resolution No. 2005-72.

 

Councilmember Haughey moved to read Resolution No. 2005-72, seconded by Councilmember Silva.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2005-72

 

 

 

A resolution approving an intergovernmental agreement between the State of Arizona through the Department of Transportation and the City of Flagstaff authorizing funding for, and the installation and maintenance of, roadway lighting pull boxes on U.S. Highway 89 located from milepost 419.41 to 420.87.

 

 

Councilmember Cooper moved to adopt Resolution No. 2005-72, seconded by Vice-Mayor White.  The vote was unanimous in favor.

 

H.

Consideration of Resolution No. 2005-73:  A resolution authorizing the submission of an application for Phase I Environmental Site Assessment of the Downtown Gateway East redevelopment grant and authorizing the acceptance upon award of the grant agreement.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2005-73 by title only.

Adopt Resolution No. 2005-73.

 

Vice-Mayor White moved to read Resolution No. 2005-73 by title only, seconded by Councilmember Silva.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2005-73

 

 

 

A resolution authorizing the submission of an application for Phase I Environmental Site Assessment of the Downtown Gateway East redevelopment grant and authorizing the acceptance upon award of the grant agreement.

 

 

Councilmember Haughey moved to adopt Resolution No. 2005-73, seconded by Vice-Mayor White.  The motion passed on unanimous vote. 

 

I.

Consideration of Resolution No. 2005-74:  A resolution authorizing the transfer of budgeted funds between the contingency account to various divisions and the transfer of funds between funds.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2005-74 by title only.

Adopt Resolution No. 2005-74.

 

Councilmember Silva moved to read Resolution No. 2005-74 by title only.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2005-74

 

 

 

A resolution authorizing the transfer of budgeted funds between the contingency account to various divisions and the transfer of funds between funds.

 

 

Councilmember Cooper moved to adopt Resolution No. 2005-74, seconded by Councilmember Silva.  The vote was unanimous in favor.

 

11.     OTHER BUSINESS

 

A.

Consideration of Designation:  Acting City Clerk.

 

 

RECOMMENDED ACTION:

Designate Deputy City Clerk Laura Matthews as acting City Clerk.

 

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

 

B.

Consideration of Charter:  Walnut Creek Watershed Technical Advisory Committee.

 

 

RECOMMENDED ACTION:

Approve the Charter.

 

Vice-Mayor White moved to approve the recommended action, seconded by Councilmember Silva.  The vote was unanimous in favor.

 

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

 

Councilmembers were reminded that an informational meeting regarding actions to be taken on the north and east reservoirs on Shultz Pass Road will be held Thursday, June 23, 2005 at 7:00 P.M. at the Museum of Northern Arizona.

 

13.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 6:47 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 June 21, 2005.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 6th day of July, 2005.

 

                                                                         

CITY CLERK