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

January 17, 2006

6:00 p.m.

A Meeting of the Flagstaff City Council was held on January 17, 2006 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 Silva asked those present to stand for the Pledge of Allegiance.

2.      INVOCATION

Councilmember Silva 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 December 14 and 15, 2005, and the Regular Council Meeting of December 20, 2005.

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

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

5.       PUBLIC PARTICIPATION

Rudy Preston, 106 S. O’Leary, Flagstaff, expressed his opposition to the City selling reclaimed water for use by the Arizona Snowbowl.

6.       CONSENT – GENERAL

A.

Consideration of Settlement and Release Agreement and Stipulation to Entry of Final Stipulated Judgment:  City of Flagstaff v. Loma Alta Group, LLC.  (Fourth Street railroad crossing project.)

RECOMMENDED ACTION:

Authorize the Mayor to execute the Settlement and Release Agreement and authorize Ayers & Brown, P.C., to execute the Stipulation to Entry of Final Stipulation Judgment for the acquisition of a portion of the fee interest of Coconino County Assessor’s Parcel No. 107-16-007E, as described in Exhibit 1 to the Settlement and Release Agreement, a slope easement as described in Exhibit 2 to the Settlement Agreement, and temporary construction easements as described in Exhibit 3 to the Settlement Agreement.

Harry Lane, Assistant City Attorney, gave a brief overview of the action.

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

B.

Consideration of Payment:  Reclaimed water connection rebates.

RECOMMENDED ACTION:

Approve rebate payments to Flagstaff Unified School District in the amount of $2,403.15 and Lone Tree Investment, L.L.C. in the amount of $107,495.19.

Rob Doba, Utilities Director, gave a brief summary of the reclaimed water rebate payments.

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

7.      CONSENT – CONTRACTUAL

A.

Consideration of Extension of Annual Bid:  Cityscape.

RECOMMENDED ACTION:

Approve the final, one-year extension to Peak Publishing at an estimated amount of $11,194.55 per issue, plus ancillary costs and applicable taxes.

Ernie Negroni, Purchasing Director, presented a quick overview of the requested extension.

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

B.

Consideration of Bids:  Fencing for the Sixth Avenue BMX facility.

RECOMMENDED ACTION:

Reject all bids received.

Kathleen Viskocil, Capital Improvements Division, provided details regarding the recommendation to reject all bids received.

Councilmember Cooper moved to reject all bids received, seconded by Councilmember Silva.  The vote was unanimous in favor.

C.

Consideration of Confirming Change Order No. 1:  Sixth Avenue BMX facility.

RECOMMENDED ACTION:

Approve confirming Change Order No. 1 to 3D/I in the amount of $57,943.58 with a 150-calendar day extension; and (2) authorize the City Manager to execute the necessary documents.

Kathleen Viskocil, Capital Improvements Division, gave a brief presentation regarding the need for the confirming Change Order.

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

Councilmembers asked staff to consider placing a blinking yellow light, or a similar safety mechanism, for pedestrians crossing West Street to get to the new BMX facility.  It was noted that the Traffic Engineer is aware of the potential issues at this intersection and will take the appropriate safety measures.

D.

Consideration of Service Agreement:  IT Division business needs assessment.

RECOMMENDED ACTION:

Approve the agreement with Sungard, H.T.E., Inc., in the amount of $15,000.00, plus travel expenses.

Mary Jo Jenkins, Finance Director, provided an overview of the project and responded to questions from the Council.  The travel expenses mentioned in the agreement are not anticipated to exceed $3,000.00.

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

E.

Consideration of Service Agreement:  Dispatch services.

RECOMMENDED ACTION:

Approve the agreement with Guardian Medical Transport with payment to the City of Flagstaff in the amount of $150,000.00 per year for five years.

Deputy Police Chief Robert White highlighted the details of the proposed agreement.

Dave Wilcox, City Manager, and members of the Council congratulated Deputy Chief White on his upcoming retirement, and thanked him for his excellent service to the citizens of Flagstaff over the last 31 years.

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

8.      BOARDS AND COMMISSIONS

A.

Consideration of Appointments:  Parks and Recreation Commission.

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make two appointments to terms expiring August, 2008.

Councilmember Silva moved to appoint Harper Johnson and Dorothy Staskey to terms expiring in August of 2008.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

B.

Consideration of Appointments:  Library Board.

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make three appointments to terms expiring November, 2008, and ratify the appointment of Deb Hill as a County representative.

Councilmember Cooper moved to appoint Jeanette Baker, Dan Cothran, and Jenny Prennace to terms expiring November of 2008, and to ratify the appointment of Deb Hill as a County representative.  The motion was seconded by Vice-Mayor White and passed on unanimous vote.

C.

Consideration of PC SUB 05-019:  A request for tentative plat approval by Cyclenerd Development, LLC for Highland Park Town Homes, a five-lot residential subdivision on a .32 acre site located at 1926 North Third Street in the C2-E, Community Commercial Established 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.

Vince Knaggs, Community Development Department, presented an overview of the proposed tentative plat. 

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

9.       PUBLIC HEARINGS

(No items were submitted.)

10.     ORDINANCES AND RESOLUTIONS

A.

Consideration of Ordinance No. 2005-28:  An ordinance rezoning two parcels of land totaling approximately 9.84 acres at 3400 North Fort Valley Road, from UC, Urban Commercial District, to R1, Residential District for Parcel A (6.78 acres) and to MR, Medium Density Residential District for Parcel B (3.06 acres).

RECOMMENDED ACTION:

Read Ordinance No. 2005-28 for the final time by title only.

Adopt Ordinance No. 2005-28.

Neil Gullickson, Development Services Division, reviewed changes made to the language of Ordinance No. 2005-28 as follows:

WHEREAS, the applicant proposes to subdivide and develop Parcel A into approximately 23 22 single family residential lots…

6.

That Lots 7–16 7-15 to be developed on Parcel A be limited to single story structures, and this limitation appear as a notation on the Final Plat for the development and as restrictions recorded against each individual lot with recording of the Final Plat.

Vice-Mayor White moved to read Ordinance No. 2005-28 with the above changes for the final time by title only.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.  Title was read as follows:

Ordinance No. 2005-28

An ordinance rezoning two parcels of land totaling approximately 9.84 acres at 3400 North Fort Valley Road, from UC, Urban Commercial District, to R1, Residential District for Parcel A (6.78 acres) and to MR, Medium Density Residential District for Parcel B (3.06 acres).

Councilmember Haughey moved to adopt Ordinance No. 2005-28, seconded by Vice-Mayor White.  The motion passed on unanimous vote.

B.

Consideration of Ordinance No. 2006-01:  An ordinance of the City Council of the City of Flagstaff, Arizona, amending the Uniform Fire Code, 1997 Edition, for the City of Flagstaff and establishing requirements for subdivision of existing, unsubdivided structures.

RECOMMENDED ACTION:

Read Ordinance No. 2006-01 for the final time by title only.

Adopt Ordinance No. 2006-01.

Councilmember Silva moved to read Ordinance No. 2006-01 for the final time by title only, seconded by Councilmember Haughey.

Dave Wilcox, City Manager, requested that the item be tabled until February 21, 2006 to give staff sufficient time to address new information that has come to light, as well as some citizen concerns.

Vice-Mayor White moved to table the action until February 21, 2006, seconded by Councilmember Cooper.  The vote was unanimous in favor.

C.

Consideration of Resolution No. 2006-02:  A resolution authorizing the acceptance of a Wildfire Prevention Thinning purchase order from the Arizona State Land Department (ASLD) – Forestry Division.

RECOMMENDED ACTION:

Read Resolution No. 2006-02 by title only.

Adopt Resolution No. 2006 02.

Councilmember Cooper moved to read Resolution No. 2006-02 by title only, seconded by Councilmember Silva.

Paul Summerfelt, Fuel Manager, Flagstaff Fire Department, gave a brief overview of the Wildfire Prevention Thinning program.  The project will begin immediately, and take about a month to complete.

Mr. Summerfelt stated he would return to a Council meeting in late March or early April to report on the upcoming fire season, and what steps are being taken to inform and educated the public.

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

Resolution No. 2006-02

A resolution authorizing the acceptance of a Wildfire Prevention Thinning purchase order from the Arizona State Land Department (ASLD) – Forestry Division.

Councilmember Haughey moved to adopt Resolution No. 2006-02, seconded by Vice-Mayor White.  The motion passed on unanimous vote.

D.

Consideration of Resolution No. 2006-05:  A resolution confirming adoption of the City of Flagstaff 457 Deferred Compensation Plan.

RECOMMENDED ACTION:

Read Resolution No. 2006-05 by title only.

Adopt Resolution No. 2006-05.

Theresa Alvarado, Human Resources Director, gave a brief history of the program and explained the need to formally adopt the plan.

Vice-Mayor White moved to read Resolution No. 2006-05 by title only.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.  Title was read as follows:

Resolution No. 2006-05

A resolution confirming adoption of the City of Flagstaff 457 Deferred Compensation Plan.

Councilmember Babbott moved to adopt, seconded by Vice-Mayor White.  The vote was unanimous in favor.

E.

Consideration of Resolution No. 2006-07:  A resolution of the City Council of the City of Flagstaff, Arizona, amending Resolution No. 2006-01 that ordered and called a 2006 mail ballot General Election by amending Proposition 402 relating to an increase in the City’s permanent base expenditure limitation; providing for and giving notice of such elections; and declaring an emergency.

RECOMMENDED ACTION:

Read Resolution No. 2006-07 by title only.

Adopt Resolution No. 2006-07.

Barbara Goodrich, Budget Manager, related information relevant to the action.

Councilmember Cooper moved to read Resolution No. 2006-07 by title only, seconded by Councilmember Kelty.  Title was read as follows:

Resolution No. 2006-07

A resolution of the City Council of the City of Flagstaff, Arizona, amending Resolution No. 2006-01 that ordered and called a 2006 mail ballot General Election by amending Proposition 402 relating to an increase in the City’s permanent base expenditure limitation; providing for and giving notice of such elections; and declaring an emergency.

Vice-Mayor White moved to adopt, seconded by Councilmember Silva and passed on unanimous vote.

F.

Consideration of Resolution No. 2006-08:  A resolution of the City Council of the City of Flagstaff, Arizona, reincorporating the provisions of Resolution No. 2006-01, and submitting to the voters, for their approval or rejection at the May 16, 2006, General Election an additional question relating to exemption of workforce housing projects from the expenditure limitation contained in the Flagstaff City Charter, Amendment No. 2; providing for and giving notice of such election; and declaring an emergency.

RECOMMENDED ACTION:

Read Resolution No. 2006-08 by title only.

Adopt Resolution No. 2006-08.

Councilmember Cooper moved to read Resolution No. 2006-08 by title only, seconded by Councilmember Kelty.

Margie Brown, City Clerk, provided an overview of the proposed action.

Councilmembers supporting Resolution No. 2006-08 cited the following reasons:

·     

Voters should decide on whether to exempt workforce housing projects from the expenditure limitation.

·     

The resolution has the support of the Community Housing Policy Task Force, as well as the City’s bond counsel, City staff, and other members of the community.

·     

If the current provision remains in place, the Council’s hands would be tied regarding the land trust program.

·     

It is responsible to act in an expedient manner, considering the rising cost of construction.

·     

Most facilities being built today could not be built with the current one million dollar cap.

Councilmembers concerned about the exemption of workforce housing projects from the expenditure limitation cited the following reasons:

·     

The City is getting into the housing business.

·     

Private industry needs to build affordable housing, and the City can assist in the areas of zoning, permits, incentives, and other opportunities.

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

Resolution No. 2006-08

A resolution of the City Council of the City of Flagstaff, Arizona, reincorporating the provisions of Resolution No. 2006-01, and submitting to the voters, for their approval or rejection at the May 16, 2006, General Election an additional question relating to exemption of workforce housing projects from the expenditure limitation contained in the Flagstaff City Charter, Amendment No. 2; providing for and giving notice of such election; and declaring an emergency.

Vice-Mayor White moved to adopt Resolution No. 2006-08, seconded by Councilmember Kelty.  The vote was unanimous in favor.

G.

Consideration of Resolution No. 2006-09:  A resolution dispensing with the March 14, 2006 Primary Election for the offices of Mayor and Councilmembers pursuant to Article IX, Section 5(b) of the City Charter.

RECOMMENDED ACTION:

Read Resolution No. 2006-09 by title only.

Adopt Resolution No. 2006-09.

Margie Brown, City Clerk, gave a brief description of the action.

Vice-Mayor White moved to read Resolution No. 2006-09 by title only.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.  Title was read as follows:

Resolution No. 2006-09

A resolution dispensing with the March 14, 2006 Primary Election for the offices of Mayor and Councilmembers pursuant to Article IX, Section 5(b) of the City Charter.

Councilmember Haughey moved to adopt Resolution No. 2006-09, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

11.     OTHER BUSINESS

(No items were submitted.)

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

Councilmembers requested:

·     

An update on the Arizona Snowbowl contract for reclaimed water.

·     

A time to discuss the final report of the Community Housing Policy Task Force, including a possible adoption of the recommendations of the task force.

13.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 7:09 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 January 17, 2006.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 8th day of February, 2006.

CITY CLERK