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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

 

November 1, 2005

6:00 p.m.

 

A Meeting of the Flagstaff City Council was held on November 1, 2005, convening at 6:06 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 October 18, 2005.

 

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

 

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

 

5.        PUBLIC PARTICIPATION

 

None.

 

6.       CONSENT – GENERAL

 

A.

Consideration of Liquor License Application:  Richard Freedman, “Picazzo’s Gourmet Pizza & Salads,” 1300 S. Milton Road, Series 12, New License.

 

 

RECOMMENDED ACTION:

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

 

B.

Consideration of Authorization to Purchase Under Arizona Department of Transportation (ADOT) Contract #T0518A0036:  Automotive parts and related equipment.

 

 

RECOMMENDED ACTION:

Authorize use of the ADOT contract for automotive parts and related equipment.

 

C.

Consideration of Confirming Emergency Purchase Order:  Rebuild of the Waukesha engine at the Wildcat Hill Wastewater Treatment Plant (non-budgeted).

 

 

RECOMMENDED ACTION:

Approve the emergency purchase order to Stewart and Stevenson Service Inc. in the amount of $86,857.73.

 

D.

Consideration of Confirming Payment:  Advertising for the Flagstaff Convention and Visitors Bureau.

 

 

RECOMMENDED ACTION:

Approve confirming payment to AAA in the amount of $5,000.00.

 

E.

Consideration of Increase in Expenditure Authority:  Attorneys’ fees for the legislative redistricting litigation.

 

 

RECOMMENDED ACTION:

Approve additional expenditure authority in an amount not to exceed $30,000.00 to Strouss & Salmon for legal fees and costs associated with the Arizona Supreme Court proceedings.

 

Councilmember Babbott moved to approve the Consent-General Calendar.  The motion was seconded by Councilmember Silva and passed on unanimous vote.

 

7.      CONSENT – CONTRACTUAL

 

A.

Consideration of Bids:  City vehicles (budgeted and non-budgeted).

 

 

RECOMMENDED ACTION:

(1) Accept the bid from Babbitt Ford per the staff summary attachment for Items 1, 2, 3, 4, 5, 6, 7, 10, and 11 in the total amount of $493,789.36, plus applicable fees and taxes; and (2) accept the bid from Mel Clayton Ford per the staff summary attachment for Items 8 and 9 in the total amount of $84,777.44, plus applicable fees and taxes.

 

B.

Consideration of Extension of Service Contract:  Third-party advertising for job placement advertisements.

 

 

RECOMMENDED ACTION:

(1) Approve the second, final contract extension to Michaels Wilder Group in an amount not to exceed $125,000.00; and (2) approve confirming payment to Michaels Wilder Group for invoices totaling $51,114.51 for services rendered from April 1, 2005 to date.

 

C.

Consideration of Extension of Service Contract:  Printing of the Flagstaff Visitor Guide.

 

 

RECOMMENDED ACTION:

(1) Approve the second, final contract extension to Courier Graphics for 175,000 Flagstaff Visitor Guides in the amount of $40,443.00, plus applicable taxes and freight; and (2) authorize a $2,000.00 contingency for unanticipated expenses.

 

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

 

8.      BOARDS AND COMMISSIONS

 

A.

Consideration of Appointments:  Reassignment of the Councilmember representative to the Flagstaff Metropolitan Planning Organization with that of another board, commission, or other public body.

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make the reassignment.

 

Councilmember Haughey moved to appoint Councilmember Silva to the Flagstaff Metropolitan Planning Organization, seconded by Vice-Mayor White.  The motion passed on unanimous vote.

 

B.

Consideration of Appointment:  Traffic Commission.

 

 

RECOMMENDED ACTION:

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

 

Councilmember Haughey moved to appoint Jack Welch to a term expiring July, 2008.  The motion was seconded by Vice-Mayor White and passed on unanimous vote.

 

C.

Consideration of PC SUB 2005-005:  A request from Lone Tree Investments, LLC for final plat approval for Mountain Villas at Pine Canyon subdivision containing 46 townhome lots on 10.34 acres of land located at 1751 South Castle Hills Drive in the R1, Residential Zoning District (conditional).

 

 

RECOMMENDED ACTION:

Deny the final plat due to noncompliance with Ordinance No. 2000-11.

 

Vice-Mayor White moved to take the recommended action to deny the final plat, seconded by Councilmember Kelty.

The following issues were discussed during Council dialogue:

 

 

·     

The Regional Plan sets guidelines regarding how the community will grow, based on a long and extensive visioning process by the citizens of Flagstaff.

 

·     

Through the Regional Plan process, the citizens of Flagstaff made a compact that gated communities would not be allowed in Flagstaff.

 

·     

In 2000, Fairway Peaks, now known as Pine Canyon, entered into specific agreements with the City, including the agreement that their development would never be gated, and never be closed to the public.

 

·     

The City has acted in good faith by entering into mediation with Pine Canyon.

 

·     

Pine Canyon has demonstrated that they cannot be trusted by the fact that they reneged on their 2000 agreement with the City.

 

The motion to deny the plat passed on unanimous vote.

 

Jeffrey Gross, Attorney for Lone Tree Investments, LLC. stated that Lone Tree Investments has a fundamental disagreement as to what “gated” means, which will be decided by pending litigation.  Approval of the plat should not be dependent on whether the zoning stipulations are or are not satisfied.  Whatever is decided about the access issues, the plat will not change.

 

D.

Consideration of Approval of Draft Report:  Volume 1, “Programming, Site Selection and Evaluations” for the Aquatic/Multigenerational Center.

 

 

RECOMMENDED ACTION:

(1)

The Parks and Recreation Commission recommends approval of the Draft Report.

 

 

 

and

 

 

 

 

(2)

Direct staff to move forward with the recommendations outlined in the staff summary.

 

Councilmember Cooper moved to table the item until after the Council Budget Retreat, scheduled for November 9 – 10, 2005.  The motion was seconded by Vice-Mayor White.

 

The following individuals offered comments about the proposed Aquatic/Multigenerational Center:

 

 

Elizabeth Jackson, 3400 S. Lake Mary Road, #2106, Flagstaff

 

Katy Archer, 208 W. Dale #4, Flagstaff

 

Louis Elzar, no address given

 

Charles Hammersley, 3535 N. Monte Vista Rd., Flagstaff

 

Council was requested to consider the following:

 

 

·     

Since the region is prone to drought, it may not be wise to dedicate so much water to an aquatic center.

 

·     

Seniors voted for the bond improvements because they believed they were going to get a new or remodeled facility for their use.

 

·     

The new facility should be designed for use by all ages, not specifically for youth.

 

·     

The Parks and Recreation Commission has been very active in the entire process of planning this facility, and supports the recommendations of the consultants.

 

·     

Bond monies for the multigenerational center should not be used to renovate the current Adult Center.

 

·     

The Forest Avenue location is on two existing bus routes, and would be walkable to four or five nearby communities.  Everyone would have to drive to the 4th Street location.

 

The motion to table passed on majority vote with Mayor Donaldson, 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 (PC ANX-05-001):  Annexation of 11 acres at 3400 North Fort Valley Road for the Schultz Pass Meadows subdivision.

 

 

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.

 

Opposed to the annexation were:

 

 

Jerry Snow, 3377 W. Lois Lane, Flagstaff

 

Billie Jane McIntosh, 3281 W. Lois Lane, Flagstaff

 

Edward Wenzinger, 3372 N. Estates St., Flagstaff

 

Greg Melikian, 3201 W. Lois Lane, Flagstaff

 

Robert Booth, 1107 Thelma Way, Flagstaff

 

Jim McCormick, Cheshire, Flagstaff

 

The following reasons were given to reject the annexation:

 

 

·     

The nearby neighbors do not want this land developed, destroying its natural beauty.

 

·     

A subdivision would block the current homeowners’ views.

 

·     

Traffic would be increased, causing additional safety concerns for Sechrist School.

 

·     

Underground rocks would make the land very expensive to build on, and make the homes built there unaffordable.

 

·     

A shopping center would be more beneficial to the area than more housing.

 

Speaking in favor of the annexation was:

 

 

Jerry Nabours, 10 E. Dale, Flagstaff, attorney for the applicant

 

The following reasons were given in support of the annexation:

 

 

·     

The question before the Council is only an annexation, not a development.

 

·     

The applicant intends to address the concerns of the neighboring communities at the appropriate time.

 

·     

At least six more public hearings will be held to gather input from the public at different phases of the project.

 

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

 

B.

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:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

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

 

Peter Kleis of Butler & Lone Tree, LLC, the developers of the Sawmill District, gave a brief presentation on the changes being requested.

 

During Council dialogue, the following issues were discussed:

 

 

·     

If the streets are dedicated as private, additional costs to the homeowners to maintain those streets could make the development less affordable.

 

·     

The project seems to be moving toward less green space than originally planned.

 

·     

The developer is planning to have rent restrictions built into the CC&R’s to the keep the development from becoming a student housing subdivision.

 

·     

The enforceability of rent restrictions is a concern.

 

·     

The developer should continue to look at restriction options, including early discussions regarding permanent and owner occupied deed restrictions.

 

There being no public input, Councilmember Haughey moved to close the public hearing, seconded by Councilmember Silva.  The vote was unanimous in favor.

 

10.     ORDINANCES AND RESOLUTIONS

 

A.

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

 

 

RECOMMENDED ACTION:

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

Adopt Ordinance No. 2005-25.

 

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

 

Those opposed to passing the ordinance were:

 

 

July Louks, 2473 Oakmont, Flagstaff

 

Andy Bessler, 3405 N. Grandview Dr., Flagstaff

 

Norm Wallen, 3716 N. Grandview Dr., Flagstaff

 

Mandy Metzger, 420 W. Piute Road, Flagstaff

The following reasons were given in opposition to the ordinance:

 

 

·     

The Council is attempting to avoid public scrutiny with the passage of this ordinance.

 

·     

All hydrologic reports should be received before the purchase is made.

 

·     

Adequate public hearings have not taken place, as promised during the bond election.

 

·     

City staff has mishandled the purchase negotiations with both the Red Gap Ranch and the Bar-T-Bar Ranch.

 

·     

All questions regarding this purchase have not been answered, including access issues.

 

·     

The Diablo Trust is concerned about this purchase and has information to present to the Council.

 

Council discussed the following issues:

 

 

·     

The ordinance could be tabled until the due diligence process is complete, and all public input has been received.

 

·     

There are still questions regarding the findings of the Bureau of Reclamation.

 

·     

It is not clear how new pumping could impact the local creeks.

 

·     

This purchase is in line with the public’s request to acquire future water sources.

 

·     

All questions regarding this purchase have not been answered.

 

Mayor Donaldson moved to recess into Executive Session for the purpose of receiving legal advice, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

 

The Council returned to the Regular Council Meeting at 8:43 p.m.

 

David Leyvas, Red Gap Ranch owner, spoke about the history of his negotiations with the City. In 2001, he embarked on one of the most detailed hydrological studies ever done in northern Arizona.  In 2003, he began discussions with the City, as well the Bureau of Reclamation, the Hopi Tribe, the Navajo Nation, Peabody Coal Company, Southern California Edison, and the Salt River Project.

 

Mr. Leyvas contended that public input has been received over the past year through the Water Commission and Planning and Zoning Commission meetings and other meetings attended by Friends of Flagstaff’s Future, The Diablo Trust, and other interested parties. 

 

He stated his belief that there are no ingress or egress to any of the in-holdings, and no access easements exist across Red Gap Ranch, including any historically granted.

 

Shiela Schmitz of Jennings, Strouss, and Salmon, attorney for Red Gap Ranch, asked Council to consider the transaction with Red Gap on its own merit and review other purchase transactions on their own merit.

 

Councilmember Kelty moved to table the item until the November 15, 2005 Council meeting.  The motion was seconded by Vice-Mayor White and passed on majority roll call vote as follows:

 

Mayor Donaldson

Aye

Vice-Mayor White

Aye

Councilmember Babbott

Aye

Councilmember Cooper

Aye

Councilmember Haughey

Nay

Councilmember Kelty

Aye

Councilmember Silva

Aye

B.

Consideration of Ordinance No. 2005-26:  An ordinance amending Title 9, Traffic,  Section 9-01-001-0003, Stopping, Standing and Parking Restrictions, Subsection 9-01-001-0003(F)(4) Seasonal Parking Restriction, providing for exemptions, and declaring an emergency.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2005-26 for the first time by title only.

Read Ordinance No. 2005-26 for the final time by title only.

Adopt Ordinance No. 2005-26.

 

Councilmember Cooper moved to read Ordinance No. 2005-26 for the first time by title only, seconded by Vice-Mayor White.  The vote was unanimous in favor and title was read as follows:

 

 

Ordinance No. 2005-26

 

 

 

An ordinance amending Title 9, Traffic, Section 9-01-001-0003, Stopping, Standing and Parking Restrictions, Subsection 9-01-001-0003(F)(4) Seasonal Parking Restriction, providing for exemptions, and declaring an emergency.

 

 

Vice-Mayor White moved to read Ordinance No. 2005-26 for the final time by title only, seconded by Councilmember Silva.  The motion passed on unanimous vote.

 

Following the reading of Ordinance No. 2005-26 for the final time by title only, Councilmember Haughey moved to adopt the ordinance.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

 

11.     OTHER BUSINESS

 

A.

Consideration of Application for Industrial Incentive:  North Country Community Health Center.

 

 

RECOMMENDED ACTION:

The Industrial Incentive Committee recommends denial of the application.

 

Vice-Mayor White moved to allocate from contingency funds $60,000.00 in public infrastructure reimbursements for North Country Health Center at their facility on Fourth Street, said monies to be paid upon completion of work on selected improvements.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

Responding to a discussion about how many years the City held the Fourth Street property before selling it, City Manager Dave Wilcox indicated that he would provide that information to Council.

 

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

 

Councilmember Kelty asked that the Council consider passing an ordinance to address the sale of over-the-counter methamphetamine making products

 

Mayor Donaldson asked that the Council consider passing an ordinance to protect the rights of nursing mothers to nurse in public.

13.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 9:13 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 November 1, 2005.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 16th day of November, 2005.

 

                                                                         

CITY CLERK