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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

 

September 6, 2005

6:00 p.m.

 

A Meeting of the Flagstaff City Council was held on September 6, 2005 convening at 6:01 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

 

Mayor Donaldson asked those present to stand for the Pledge of Allegiance.

 

2.      INVOCATION

 

Mayor Donaldson 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 August 16, 2005.

 

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

 

Councilmember Haughey moved to approve the Minutes as submitted, seconded by Councilmember Silva.  The motion passed on unanimous vote.

 

Mayor Donaldson presented a proclamation to the Literacy Volunteers of Flagstaff declaring September 8, 2005 as International Literacy Day in Flagstaff.

 

5.        PUBLIC PARTICIPATION

 

None.

 

Items Taken Out of Sequence

 

9.       PUBLIC HEARINGS

 

A.

Consideration of Public Hearing on Resolution No. 2005-97:  A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan by amending the Plan by changing the Planning Reserve Area review criteria regarding “Zoning Requirements for Adequate Public Facilities.”

 

 

RECOMMENDED ACTION:

(1)

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

 

 

and

 

 

 

 

(2)

As recommended by the Planning and Zoning Commission:

 

Read Resolution No. 2005-97 by title only.

Adopt Resolution No. 2005-97.

 

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

 

Ursula Montano, Advanced Planning Manager, provided background information on the proposed resolution.  Planning reserve areas and land use re-designations were discussed at length.

 

Speaking in opposition to the proposed amendment to the Flagstaff Area Regional Land Use and Transportation Plan were:

 

 

Duane Abata, Concerned Citizens of Flagstaff, 3620 S. Cheryl Drive, Flagstaff, 86001

 

Scott Kemp, 3592 S. Cheryl Drive, Flagstaff, 86001

 

Betsy McKellar, 330 S. Ash Lane, Flagstaff, 86004

 

Steve McKellar, 330 S. Ash Lane, Flagstaff, 86004

 

The following arguments were made against the enactment of the resolution.

 

 

·     

The amendment will dilute the Flagstaff Area Regional Land Use and Transportation Plan.

 

·     

Concurrent planning processes and zoning processes make sense.

 

 

·     

The impact of large developments on traffic and other infrastructure will be better addressed if the planning and land use designation process happens at the same time.

 

·     

The amendment removes the public’s assurance that they will have an opportunity to understand and comment on proposals for Planning Reserve Areas before the Regional Plan category is changed.

 

Speaking in support of the amendment were:

 

 

Bill Ring, 114 N. San Francisco Street, #200, Flagstaff, 86001

 

Nick Wood, One Arizona Center, Phoenix

 

The following reasons were given in support of the amendment:

 

 

·     

Planning Reserve Areas are unique in that they have no plan, only a zoning density overlay.

 

·     

Uncoupling the planning from the zoning process would allow for true, advanced planning of the Planning Reserve Areas.

 

·     

The amendment will correct the current “cart before the horse” process.

 

·     

Flagstaff is the only municipality in the State that requires the zoning process to occur before the general plan is accepted.

 

It was suggested that prior to the Planning and Zoning Commission meeting to consider re-designation of a Planning Reserve Area, there be an open house fully explaining the re-designation and the final outcome of the development.

 

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

 

Vice-Mayor White moved to read Resolution No. 2005-97 by title only, seconded by Councilmember Silva.  The motion passed on majority roll call vote as follows:

 

 

Mayor Donaldson

Aye

 

Vice-Mayor White

Aye

 

Councilmember Babbott

Nay

 

Councilmember Cooper

Aye

 

Councilmember Haughey

Aye

 

Councilmember Kelty

Aye

 

Councilmember Silva

Aye

 

Title was read as follows:

 

 

Resolution No. 2005-97

 

 

 

A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan by amending the Plan by changing the Planning Reserve Area review criteria regarding “Zoning Requirements for Adequate Public Facilities.”

 

 

Councilmember Cooper moved to amend the resolution by adding the following:  Section 2.  That within 90 days following the first rezoning of property in excess of 35 acres in a re-designated Planning Reserve Area, the City Council hold a public meeting to evaluate the desirability of continuation or repeal of this amendment.  Vice-Mayor White seconded the motion, which 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

 

Councilmember Haughey moved to adopt Resolution No. 2005-97, seconded by Councilmember Silva.  The motion passed on majority roll call vote as follows:

 

 

Mayor Donaldson

Aye

 

Vice-Mayor White

Aye

 

Councilmember Babbott

Nay

 

Councilmember Cooper

Aye

 

Councilmember Haughey

Aye

 

Councilmember Kelty

Aye

 

Councilmember Silva

Aye

 

8.      BOARDS AND COMMISSIONS

 

C.

Consideration of SUB 05-12:  A request for tentative plat approval for Pine Knoll Village, a 55-unit townhouse subdivision on an 11.2-acre parcel located at 421 East Woodland Drive in the MR, Medium Density Residential zoning district.

 

 

RECOMMENDED ACTION

Approve the tentative plat with the conditions as approved by the Development Review Board and the Planning and Zoning Commission and authorize 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 the documents are ready for recording.

 

Martin Ince, Development Services Division, gave a brief history of the project to date.

 

Bill Ring, attorney for the applicant, stated that the developer and City staff have been discussing the possibility of dedicating the streets in the subdivision as public instead of private, as previously planned.

 

Mr. Ring requested a two-week tabling of the item so that the developer and the City can work on differences still remaining.

 

Jim Cronk, Development Services Director, stated his staff would require four to six weeks to address a number of unresolved issues with the developer.

 

Dave Wilcox, City Manager, stated that in order to bring the issue back in two weeks, other projects would be pushed back or delayed.

 

Mr. Ring indicated the developer is not in agreement with the Planning and Zoning Commission’s condition that the developer allow public use of private streets, and City Council will have to accept the profile of the street as designed.

Councilmember Babbott asked Mr. Ring if the street design is the developer’s “final and best” design (referring to the unresolved street and sidewalk issues).  Mr. Ring responded that that was correct.

 

Councilmember Kelty moved to table the item for two weeks to see if there is any movement in position, seconded by Councilmember Silva.  The motion passed on unanimous vote.

 

10.     ORDINANCES AND RESOLUTIONS

 

A.

Consideration of Ordinance No. 2005-11:  An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by adding Section 6-01-001-0022 prohibiting camping on public property within Flagstaff City limits.

 

 

RECOMMENDED ACTION

 

Read Ordinance No. 2005-11 for the first time by title only.

 

Vice-Mayor White moved to read Ordinance No. 2005-11 for the first time by title only, seconded by Councilmember Haughey.

 

James Speed, Assistant City Attorney, gave a brief overview of the proposed ordinance.

 

During Council discussion, Councilmembers considered issues such as:

 

 

·        

Recreational vehicles parked in front of a private residence even overnight could be ticketed under the proposed ordinance.

 

·        

Because there are not adequate homeless shelters in Flagstaff, the ordinance would make the plight of the homeless more difficult.

 

·        

There are already laws in place to deal with crimes associated with vagrancy, such as prohibitions on open fires, littering, trespassing, etc.

 

·        

An ordinance is needed to give the Police Department the tools they need to address public safety and private property issues associated with camping on public land.

 

·        

In light of the recent hurricane that devastated the Gulf Coast, it is unthinkable to fine people whose only refuge is their vehicle.

 

·        

The Police Department has demonstrated they can be trusted to use good judgment in the administration of the ordinance.

 

·        

The ordinance could discourage sleepy drivers from pulling off the road to sleep.

 

Opposed to the enactment of the ordinance were:

 

 

James Olivor, homeless

 

Ruth Szanto, homeless

 

Kevin Gulison, homeless

 

Mike Dias, 122 1/2 E. Butler, Flagstaff

 

Crystal Uchino, 120 1/2 W. Cottage, Flagstaff

 

The following arguments were offered in opposition to the ordinance:

 

 

·        

The Police Department has cited over 1,000 people for sleeping in a vehicle or in public, and are seeking to legalize their actions after the fact.

 

·        

There are already laws in place to deal with crimes associated with vagrancy, such as prohibitions on open fires, littering, trespassing, etc.

 

·        

The ordinance would criminalize sleeping in public.

 

·        

The ordinance is in opposition to the United States Constitution and the teachings of the Bible.

 

·        

Homeless people do not have money for rent, let alone to pay the fines associated with the ordinance.

 

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

 

 

Mayor Donaldson

Aye

 

Vice-Mayor White

Nay

 

Councilmember Babbott

Nay

 

Councilmember Cooper

Aye

 

Councilmember Haughey

Aye

 

Councilmember Kelty

Nay

 

Councilmember Silva

Aye

 

Title was read as follows:

 

 

Ordinance No. 2005-11

 

 

 

An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by adding Section 6-01-001-0022 prohibiting camping on public property within Flagstaff City limits.

 

 

8.       BOARDS AND COMMISSIONS

 

D.

Consideration of Approval:  2005 Airport Masterplan, Airport Layout Plan, and Federal Aviation Regulation (FAR) 150 Noise Compatibility Study for the Flagstaff Pulliam Airport.

 

 

RECOMMENDED ACTION:

(1)

Approve the 2005 Master Plan which includes the Airport Layout Plan and forward the Airport Layout Plan to the Federal Aviation Administration (FAA) for approval;

 

 

 

and

 

 

 

 

(2)

Accept the FAR Part 150 Noise Compatibility Study and forward to the Federal Aviation Administration (FAA) for approval.

 

Michael Covalt, Airport Manager, gave a brief presentation, as did a representative from Coffman Associates.

 

During Council discussion, the following concerns were expressed:

 

 

·     

Serious questions still remain regarding the methodology or baseline used to make long-term projections.

 

Speaking in opposition to approving the Airport Master Plan were:

 

 

Paul Jones, 3641 E. Foxlair Drive, Flagstaff

 

The following arguments were offered in opposition to adopting the Master Plan:

 

 

·     

The Master Plan does not address current problems at the airport such as noise, security, and snow issues.

 

Councilmember Haughey moved to approve the recommended action, seconded by Councilmember Cooper.  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

 

Return to Regular Agenda Order

 

6.       CONSENT – GENERAL

 

A.

Consideration of Authorization to Purchase Under State Contract:  Personal computer equipment.

 

 

RECOMMENDED ACTION:

Authorize use of the Arizona State Contract for the purchase of personal computers, monitors, laptops, servers, and other related equipment.

 

Ernie Negroni, Purchasing Director, gave a brief overview of the item.

 

Councilmember Babbott moved to approve the recommended action, seconded by Councilmember Silva.  The motion passed on unanimous vote.

 

B.

Consideration of Sole Source Payment:  Annual telephone and voicemail maintenance.

 

 

RECOMMENDED ACTION:

Authorize payment to Tele-Digit in an amount not to exceed $33,500.00.

 

Ernie Negroni, Purchasing Director, provided a brief description of the action.

 

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

 

7.      CONSENT – CONTRACTUAL

 

A.

Consideration of Annual Bid:  Auto body repairs.

 

 

RECOMMENDED ACTION:

Approve the second and final bid extension to Route 66 Auto Body at the prices outlined in the staff summary attachment.

 

Ernie Negroni, Purchasing Director, reviewed the details of the annual contract.

Councilmember Cooper moved to approve the recommended action.  The motion was seconded by Councilmember Silva and passed on unanimous vote.

 

B.

Consideration of Bids:  Utility truck beds and telescopic cranes.

 

 

RECOMMENDED ACTION:

Approve the bid from Southern Truck for the purchase of two (2) Omaha standard truck utility bodies and two (2) Auto Crane telescopic cranes in the amount of $29,705.00, plus applicable taxes.

 

Ernie Negroni, Purchasing Director, gave a brief description of the purchase.

 

Councilmember Silva moved to accept the recommended action, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

 

C.

Consideration of Bids:  Breathing air system for the Fire Department

 

 

RECOMMENDED ACTION:

Approve the bid from Municipal Emergency Services, Inc. for a 15 horsepower breathing air system in the amount of $31,916.00, plus applicable taxes.

 

Ernie Negroni, Purchasing Director, gave a quick background on the details of the purchase.

 

Councilmember Cooper moved to approve the recommended action.  The motion was seconded by Councilmember Silva and passed on unanimous vote.

 

D.

Consideration of Proposal:  Private wireless wide area network.

 

 

RECOMMENDED ACTION:

Reject all proposals received and direct staff to explore other options.

 

Ernie Negroni, Purchasing Director, explained why staff is recommending that all proposals be rejected.

 

Councilmember Haughey requested that staff consider maintaining cable as well as wireless or some comparable technology, so that there is always a backup system available.

 

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

 

E.

Consideration of Confirming Change Order No. 2:  West Village to Rio FUTS project.

 

 

RECOMMENDED ACTION:

(1) Authorize Confirming Change Order No. 2 to Turner Engineering, Inc. in the amount of $13,908.73 with a 92‑calendar day extension; and (2) authorize the City Manager to execute the necessary documents.

 

James Duval, Senior Project Manager, gave a brief presentation on the need for the change order.

 

Councilmember Haughey moved to take the recommended action, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

 

F.

Consideration of Design/Build Service Contract:  Fire stations relocations program.

 

 

RECOMMENDED ACTION:

(1) Award the design/build contract, including not-to-exceed design phase service fees for up to four fire stations, to FCI Constructors, Inc., in the amount of $862,000.00; (2) authorize an owner’s design phase contingency in the amount of $64,000.00 (7-1/2%); and (3) authorize the City Manager to execute the necessary documents.

 

Susan Thomas, Capital Improvements Division, gave a brief presentation on the relocation program.

 

Dave Wilcox stated he would request Mary Jo Jenkins, Finance Director, to provide a recapitulation of completion projections as compared to original projections.

 

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

 

G.

Consideration of First Amendment to Consulting Service Agreement:  Governmental and community relations.

 

 

RECOMMENDED ACTION:

Approve the first amendment to the consulting services agreement with Landry, Creedon & Associates, Inc., in the amount of $77,868.00 per year, plus expenses, and authorize the City Manager to execute the necessary documents.

 

Jeri Dustir, Deputy City Manager, provided a brief overview of the contract with Landry, Creedon and Associates.

 

Councilmember Haughey moved to approve the recommended action.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

 

8.      BOARDS AND COMMISSIONS

 

A.

Consideration of Appointments:  Personnel Board.

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting,  make two appointments to term expiring October, 2008, and one appointment to a term expiring October, 2007.

 

Mayor Donaldson moved to appoint Sid Buckman and Mark Flynn to terms expiring October of 2008, and John Pizzi to a term expiring October of 2007.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

B.

Consideration of Appointments:  Disability Awareness Commission.

 

 

RECOMMENDED ACTION:

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

 

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

 

10.     ORDINANCES AND RESOLUTIONS

 

B.

Consideration of Resolution No. 2005-93:  A resolution approving an intergovernmental agreement between the City of Flagstaff (“City”) and the State of Arizona, through the Department of Water Resources (“State”) authorizing $12,000 in funding for the City’s pilot implementation of the Arizona Rinse Smart Program to promote low-water use pre-rinse spray nozzles in the restaurant industry.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2005-93 by title only.

Adopt Resolution No. 2005-93.

 

Adam Miller, Water Conservation Manager, gave a brief overview of the program.

 

Vice-Mayor White moved to read Resolution No. 2005-93 by title only, seconded by Councilmember Cooper.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2005-93

 

 

 

A resolution approving an intergovernmental agreement between the City of Flagstaff (“City”) and the State of Arizona, through the Department of Water Resources (“State”) authorizing $12,000 in funding for the City’s pilot implementation of the Arizona Rinse Smart Program to promote low-water use pre-rinse spray nozzles in the restaurant industry.

 

 

Councilmember Cooper moved to adopt Resolution No. 2005-93, seconded by Councilmember Kelty.  The vote was unanimous in favor.

 

C.

Consideration of Resolution No. 2005-95:  A resolution approving an intergovernmental agreement between the City of Flagstaff and Coconino County for the sharing of total costs for criminal justice integration services related to the operation and maintenance of law enforcement computer network system components.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2005-95 by title only.

Adopt Resolution No. 2005-95.

 

Don Jacobson, City Court Administrator, reviewed the highlights of the intergovernmental agreement.

 

Councilmember Silva moved to read Resolution No. 2005-95 by title only.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2005-95

 

 

 

A resolution approving an intergovernmental agreement between the City of Flagstaff and Coconino County for the sharing of total costs for criminal justice integration services related to the operation and maintenance of law enforcement computer network system components.

 

 

Councilmember Haughey moved to adopt Resolution No. 2005-95, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

 

D.

Consideration of Resolution No. 2005-96:  A resolution authorizing the acceptance of a grant award in the amount of $18,600.00 from the Arizona Division of Emergency Management (“ADEM”) for a 2004 Homeland Security grant for the purchase of a traffic control trailer and equipment.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2005-96 by title only.

Adopt Resolution No. 2005-96.

 

Erik Solberg, Streets Superintendent, described the details of the desired grant award. 

 

Councilmember Silva moved to read Resolution No. 2005-96 by title only.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2005-96

 

 

 

A resolution authorizing the acceptance of a grant award in the amount of $18,600.00 from the Arizona Division of Emergency Management (“ADEM”) for a 2004 Homeland Security grant for the purchase of a traffic control trailer and equipment.

 

 

Councilmember Haughey moved to adopt Resolution No. 2005-96, seconded by Councilmember Silva.  The vote was unanimous in favor.

 

E.

Consideration of Resolution No. 2005-98:  A resolution designating the document known as the “Emergency Operations Plan” as a public record.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2005-98 by title only.

Adopt Resolution No. 2005-98.

 

Michael Iacona, Fire Chief, provided a summary of the Emergency Operations Plan.

 

Councilmember Babbott moved to read Resolution No. 2005-98 by title only, seconded by Councilmember Silva.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2005-98

 

 

 

A resolution designating the document known as the “Emergency Operations Plan” as a public record.

 

 

Vice-Mayor White moved to adopt Resolution No. 2005-98, seconded by Councilmember Kelty.  The vote was unanimous in favor.

 

F.

Consideration of Resolution No. 2005-99:  A resolution adopting the City of Flagstaff’s Emergency Operations Plan, adopting a National Incident Management System, and establishing an Emergency Policy Advisory Group.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2005-99 by title only.

Adopt Resolution No. 2005-99.

 

Michael Iacona, Fire Chief, made a brief presentation to the Council.

 

Councilmember Cooper moved to read Resolution No. 2005-99 by title only, seconded by Councilmember Kelty.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2005-99

 

 

 

A resolution adopting the City of Flagstaff’s Emergency Operations Plan, adopting a National Incident Management System, and establishing an Emergency Policy Advisory Group.

 

 

Vice-Mayor White moved to adopt Resolution No. 2005-99, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

11.     OTHER BUSINESS

 

(No items were submitted.)

 

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

 

On Sunday, September 18, 2005, the Orpheum Theater will host a hurricane Katrina relief benefit.  All proceeds from the event will go to hurricane victims.

 

Councilmember Kelty requested an agenda item to discuss the possibility of amending the City Charter so that Council meetings following a holiday can begin at 4:00 p.m., with Executive Sessions beginning at 2:00 p.m.

 

13.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 10:46 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, 2005.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 21st day of September, 2005.

 

                                                                         

CITY CLERK