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

October 18, 2005

6:00 p.m.

A Meeting of the Flagstaff City Council was held on October 18, 2005, convening at 6:02 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 Vice-Mayor White

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 - Excused

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 Meetings of September 26 and 28, 2005, and Regular Council Meeting of October 4, 2005.

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

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

5.        PUBLIC PARTICIPATION

None.

6.       CONSENT – GENERAL

A.

Consideration of Confirming Payments:  Frances Short Pond restoration project.

RECOMMENDED ACTION:

Approve confirming payments to PCD Trucking totaling $25,379.74.

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

B.

Consideration of Settlement Agreement:  Marshall, et al., versus The City of Flagstaff.

RECOMMENDED ACTION:

Approve the settlement agreement between John Duncan Marshall and Jo-Anne Patricia Marshall, Trustees of the John Duncan Marshall and Jo-Anne Patricia Marshall Family Trust dated January 15, 1981, and the City of Flagstaff.

Councilmember Cooper moved to approve the settlement agreement with an amendment to delete the existing Paragraph 5 of the settlement agreement and replace it with the following language:

“Acquisition and Sale of Sewer Taps.  The City and the Marshalls agree that the Marshalls have the right to receive sewer service (which shall include sewer taps, capacity charges and any and all other related fees and charges) for forty four (44) single family residences for Anasazi Ridge from the City without cost or expense to the Marshalls, thus completing allocation of the fifty sewer taps authorized to Clay Lockett by action of the Flagstaff City Council on August 13, 1968.  This right is assignable by the Marshalls, and Schecter/Vila, its successors and assigns, shall be entitled to purchase this right from the Marshalls for use in the Anasazi Ridge Subdivision.  In the event that this right is assigned, Marshalls shall be entitled t retain sewer service as defined herein to the Marshall parcel.”

The motion was seconded by Councilmember Haughey and passed on unanimous vote.

7.      CONSENT – CONTRACTUAL

A.

Consideration of Extension of Annual Bids:  Custodial Services.

RECOMMENDED ACTION:

Approve the third, one-year extensions, including a 3.6% CPI rate adjustment effective July 1, 2005, to the following vendors: (1) Gemini Services and TG’s Janitorial Services; (2) Pinnacle Janitorial Services, with the addition of the Visitors Center; and (3) Hamilton Maintenance Services, with the addition of Streets, IT Hunter House, GIS, and Environmental Services Administration Offices.

B.

Consideration of Annual Bid:  Asphaltic concrete.

RECOMMENDED ACTION:

Approve the bid from Rinker Materials, plus applicable sales tax, for approximately 100 tons of 3/4” asphaltic concrete with 5% oil at $50.50 per ton; approximately 300 tons of 3/8” asphaltic concrete with 5.5% oil at $55.00 per ton; and approximately 500 tons of 1/2” asphaltic concrete with 6% oil at $52.50 per ton.

C.

Consideration of Annual Bid:  Advertising, publication, and printing of public and legal notices.

RECOMMENDED ACTION:

Approve the bid from Flagstaff Publishing Inc. at the prices and conditions listed on the staff summary attachment.

D.

Consideration of Service Contract:  Design services for the Talkington Waterline Phase I and the Huntington Drive Phase II improvement projects.

RECOMMENDED ACTION:

(1) Approve the design consulting contract with Arizona Engineering Company in the amount of $245,834.00, which includes a 10% contract allowance in the amount of $22,348.00, with a contract time of 178 days; (2) authorize the City Manager to execute the necessary documents; and (3) authorize change order authority in the amount of $24,500.00, to cover potential costs associated with unanticipated or additional items of work.

Councilmember Cooper moved to approve the Consent-Contractual Calendar, seconded by Councilmember Silva.  The motion passed on unanimous vote.

8.      BOARDS AND COMMISSIONS

A.

Consideration of PC SUB 2005-005:  A request from Lone Tree Investments, L.L.C. for approval of a tentative plat for the Estates At Pine Canyon Unit 4 Subdivision, containing 56 single-family lots on 39.68 acres of land parcel located at 3850 South Clubhouse Circle in the R1, Residential District (Conditional)

RECOMMENDED ACTION:

(1)

The Planning and Zoning Commission recommends denial of the tentative plat.

(2)

Staff recommends conditional approval subject to the Development Review Board minutes of July 7, 2005 contingent on the following conditions:

a

The City Council will review and consider approval of the final plat to assure that the developer has complied with all zoning requirements, including the general conditions (stipulations) set forth in Ordinance No. 2000-11, prior to the recordation of the final plat; and

b.

The final plat shall not be signed by the Mayor nor shall it be recorded until the property is in compliance with all applicable zoning requirements and stipulations, as required by Section 10-11-008-0002 of the Land Development Code.

Councilmember Haughey moved to approve the staff recommendation (Option 2), seconded by Councilmember Silva.

Jeffrey Gross, Gallagher and Kennedy, 2575 E. Camelback Road, Phoenix, representing the applicant, stated the applicant is in compliance with all the subdivision regulations, there is no need to “layer-on” additional procedures outside the scope of the zoning ordinance, and requested that the tentative plat be approved without stipulations.

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

9.       PUBLIC HEARINGS

A.

Consideration of Public Hearing (REZ 05-007):  A request by the developers of the Sawmill District to revise a previously approved conditional rezoning (PC REZ 04-007) which rezoned approximately 41.12 acres located at 825 East Butler Avenue from I-3-E, Intensive Industrial District, Established, to HR, High Density Residential District and UC, Urban Commercial District, to rezone an additional 11.44 acres of land currently zoned HR, High Density Residential District to UC, Urban Commercial.

RECOMMENDED ACTION:

Table the public hearing to the November 1, 2005 City Council meeting.

Councilmember Kelty moved to table until the November 1, 2005 City Council meeting, seconded by Councilmember Cooper.  The vote was unanimous in favor.

10.     ORDINANCES AND RESOLUTIONS

A.

Consideration of Ordinance No. 2005-23:  An ordinance authorizing the acquisition of real property in the Rio de Flag Wash, near the east end of Railhead Avenue.

RECOMMENDED ACTION:

Read Ordinance No. 2005-23 for the final time by title only.

Adopt Ordinance No. 2005-23.

Councilmember Haughey moved to read Ordinance No. 2005-23 for the final time by title only.  The motion was seconded by Councilmember Silva and passed on unanimous vote.  Title was read as follows:

Ordinance No. 2005-23

An ordinance authorizing the acquisition of real property in the Rio de Flag Wash, near the east end of Railhead Avenue.

Councilmember Haughey moved to adopt Ordinance No. 2005-23, seconded by Councilmember Silva.  The motion passed on unanimous vote.

B.

Consideration of Ordinance No. 2005-25:  An ordinance authorizing the acquisition of real property for water development and other municipal uses; and declaring an emergency.

RECOMMENDED ACTION:

Read Ordinance No. 2005-25 for the first time by title only.

Read Ordinance No. 2005-25 for the final time by title only.

Adopt Ordinance No. 2005-25.

Councilmember Haughey moved to read Ordinance No. 2005-25 for the first time by title only, seconded by Councilmember Kelty.

Council discussed the intended purposes of an emergency clause, as when attempting to meet budgetary deadlines.  Protecting the public’s right to file a referendum was also discussed.

Councilmember Babbott moved to amend the motion to read by removing the emergency clause provision, seconded by Councilmember Kelty.

Upon Council inquiry into reinserting the emergency clause prior to adoption, City Attorney Patricia Boomsma clarified that the Council could choose to read Ordinance No. 2005-25 for the first time this evening without the emergency clause, and could then choose to restore the emergency clause at the second reading.

The motion to amend passed on unanimous vote.

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

Ordinance No. 2005-25

An ordinance authorizing the acquisition of real property for water development and other municipal uses; and declaring an emergency.

C.

Consideration of Purchase Agreement:  Real property for water development (Red Gap Ranch, L.L.C.)

RECOMMENDED ACTION:

Approve the purchase agreement with David Leyvas, contingent on a satisfactory buyer’s investigation, in the amount of $7,900,000.00, including a payment of $100,000.00 in earnest money, refundable as a result of an unsatisfactory buyer’s investigation.

Councilmember Haughey moved to take the recommended action, seconded by Councilmember Kelty.

The following issues were discussed during Council dialogue:

·     

The Council needs to look at the bigger picture of how the City partners with other regional partners.

·     

It is unknown as to how the City will transport water from 40 miles away.

·     

It is uncertain as to who will be the City’s partners in this project.

·     

The City of Flagstaff will carry the larger burden or responsibility due to a limited number of partners.

·     

The public has requested that the Council plan for water needs for the next 25 to 50 year time frame.

·     

The shortest distance to water is a line directly down, below the City of Flagstaff.

·     

The voters have approved funds for future water development.

·     

This purchase shows a commitment to work toward a regional solution for water issues that will benefit not only the City of Flagstaff, but also neighboring cities and tribes.

The motion to approve the recommended action passed on unanimous vote.

D.

Consideration of Resolution No. 2005-110:  A resolution authorizing the submission of a grant application to the Arizona Criminal Justice Commission, Driving under the Influence Abatement Program, and authorizing the acceptance upon award of the grant agreement.

RECOMMENDED ACTION:

Read Resolution No. 2005-110 by title only.

Adopt Resolution No. 2005-110.

Councilmember Silva moved to read Resolution No. 2005-110 by title only.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.  Title was read as follows:

Resolution No. 2005-110

A resolution authorizing the submission of a grant application to the Arizona Criminal Justice Commission, Driving under the Influence Abatement Program, and authorizing the acceptance upon award of the grant agreement.

Councilmember Silva moved to adopt Resolution No. 2005-110, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

E.

Consideration of Resolution No. 2005-111:  A resolution authorizing the submission of an application for an Arizona Office of Tourism/Rural Tourism Development grant and authorizing acceptance upon award of the grant agreement.

RECOMMENDED ACTION:

Read Resolution No. 2005-111by title only.

Adopt Resolution No. 2005-111.

Councilmember Cooper moved to Read Resolution No. 2005-111 by title only, seconded by Councilmember Silva.  The vote was unanimous in favor and title was read as follows:

Resolution No. 2005-111

A resolution authorizing the submission of an application for an Arizona Office of Tourism/Rural Tourism Development grant and authorizing acceptance upon award of the grant agreement.

Councilmember Silva moved to adopt Resolution No. 2005-111, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

F.

Consideration of Resolution No. 2005-112:  A resolution authorizing the acceptance of an Intergovernmental Agreement between the State of Arizona through the Department of Public Safety and the Flagstaff Police Department to participate in the Statewide Gang Task Force.

RECOMMENDED ACTION:

Read Resolution No. 2005-112 by title only.

Adopt Resolution No. 2005-112.

Councilmember Silva moved to read Resolution No. 2005-112 by title only, seconded by Councilmember Cooper.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2005-112

A resolution authorizing the acceptance of an Intergovernmental Agreement between the State of Arizona through the Department of Public Safety and the Flagstaff Police Department to participate in the Statewide Gang Task Force.

Councilmember Haughey moved to adopt Resolution No. 2005-112, seconded by Councilmember Silva.  The vote was unanimous in favor.

G.

Consideration of Resolution No. 2005-114:  A resolution authorizing an intergovernmental agreement between the City of Flagstaff (“City”) and the Coconino County Community College District (“CCC”) for the ownership, transfer, and installation of water-free urinals.

RECOMMENDED ACTION:

Read Resolution No. 2005-114 by title only.

Adopt Resolution No. 2005-114.

Councilmember Cooper moved to read Resolution No. 2005-114 by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2005-114

A resolution authorizing an intergovernmental agreement between the City of Flagstaff (“City”) and the Coconino County Community College District (“CCC”) for the ownership, transfer, and installation of water-free urinals.

Councilmember Silva moved to adopt Resolution No. 2005-114.  The motion was seconded by Councilmember Babbott and passed on unanimous vote.

H.

Consideration of Resolution No. 2005-115:  A resolution abandoning City easements near Huntington Drive and Fourth Street.

RECOMMENDED ACTION:

Read Resolution No. 2005-115 by title only.

Adopt Resolution No. 2005-115.

Councilmember Haughey moved to Read Resolution No. 2005-115 by title only, seconded by Councilmember Kelty.

Staff was requested to provide a three-minute update at the next Council Work Session on the Fourth Street Railroad Crossing Project.

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

Resolution No. 2005-115

A resolution abandoning City easements near Huntington Drive and Fourth Street.

Councilmember Haughey moved to adopt Resolution No. 2005-115, seconded by Councilmember Silva.  The vote was unanimous in favor.

11.     OTHER BUSINESS

A.

Consideration of Appointments:  Magistrates Pro Tempore.

RECOMMENDED ACTION:

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

Councilmember Cooper moved to appoint Paul Christian, Warren Sanford, Sandra Wagner, Susan Slasor, Gerald McCafferty, and Thomas Miller as magistrates Pro Tempore for Flagstaff Municipal Court.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

B.

Consideration of Petition:  Thorpe Park Bond Improvements.

RECOMMENDED ACTION:

Direct staff to proceed with the improvements as planned.

Bill Menard, Public Works Director, distributed an informational packet containing the original bond information and publicity packets for the Thorpe Park Bond Improvements Project.  A chronological milestone list, a revised scope of the project, and maps were included.

During Council discussion, the following issues were discussed:

·       

Even though there is a disclaimer in the bond language from 1996 that funds could run out before all improvements were made, the consequence is loss of public faith.

·       

It should be publicized that 8.2 million dollars has already been spent on recreational facilities, and a list of where specifically the bond monies were spent should be provided.

·       

Prolonged discussions on this project will only delay the project and drive the cost up.

·       

The petitioners need to go back to the Parks and Recreation Commission to express their needs.

Council requested a Work Session presentation on the budget for the 1996 bond, the money that is remaining, and the options that Council has.

Councilmember Haughey moved to direct staff to proceed with the improvements as planned, seconded by Councilmember Cooper.

The following individuals spoke in opposition to staff proceeding with the improvements as planned:

Scott Franz, the originator of the petition

Brent Moseng, a signer of the petition

They raised the following issues:

·      

Citizens have been paying taxes toward this project for nine years.

·      

The designated bond monies didn’t take into account the rate of inflation, and the number of years it would take to complete the improvements.

·      

It is not the citizens’ problem that the City ran out of money to complete the promised improvements to Thorpe Park.

·      

Regulation sized softball fields would bring out-of-town teams to competitive events in Flagstaff, bringing with them a lot of out-of-town money.

·      

The current softball fields at Thorpe Park are in disrepair and are a safety issue.

Dave Wilcox, City Manager, explained that no one could have anticipated when the bond was passed that the rate of inflation for construction costs would be 40%, and the projects would greatly exceed their budgets.  An extensive public process was conducted at each step of the way.

During Council discussion, the following issues were considered:

·        

Ten years is too long for a recreation bond.

·        

A new bond process would not necessarily be for a softball complex, but would consider the needs of the entire community.

·        

Further discussion is needed to consider options and alternatives for Thorpe Park.

·        

The Dark Skies Coalition has also waited nine years for the Thorpe Park lighting to conform with the City’s regulations.

·        

The City is on a time limit from the Department of Justice regarding the ADA improvements to the public restroom facilities.

·        

The Council budget retreat scheduled for November 8th would be a timely and relevant venue to discuss the options and alternatives.

A discussion ensued with Mary Jo Jenkins, Finance Director, regarding the BBB tax allocation process, the original intent of the bond project, the ensuing lawsuits and the trend to engage in a longer public process.  A pay-as-you-go approach versus bond projects was discussed.

Councilmember Kelty moved to amend the motion to add:  “Direct staff to prepare alternatives, options and consequences to consider the petitioners’ request.”  Vice-Mayor White seconded the motion.

After an extended dialogue to clarify the Council’s direction, Vice-Mayor White restated the amendment to the motion as follows:  “Direct staff to proceed with improvements as planned, and prepare alternatives, options and consequences to consider the petitioners’ request.”

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

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

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

None.

13.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 8:04 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 October 18, 2005.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 2nd day of November, 2005.

CITY CLERK