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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

 

February 21, 2006

6:00 p.m.

 

A Meeting of the Flagstaff City Council was held on February 21, 2006 convening at 6:21 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

 

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

 

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 February 7, 2006.

 

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

 

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

 

5.       PUBLIC PARTICIPATION

 

None.

 

Items Taken Out of Sequence

 

11.     OTHER BUSINESS

 

A.

Consideration of Appeal from Traffic Commission Decision:  Dodge Avenue partial diverters.

 

 

RECOMMENDED ACTION:

Staff recommends that the appeal be denied and the action of the Traffic Commission calling for the installation of permanent partial traffic diverters on Dodge Avenue be affirmed.

 

Gerry Craig, Traffic Engineer, gave a brief presentation and history of the Dodge Avenue traffic issues.

 

The following citizens spoke in opposition to the Dodge Avenue partial diverters:

 

 

Elaine Cameron, 6085 N. Smoke Rise, Flagstaff

 

Paul Tibbits, N. Smoke Rise, Flagstaff

 

Stephanie Marquardt, 4991 E. Snowshoe, Flagstaff

 

The following concerns were expressed:

 

 

·     

Streets in the vicinity have experienced an increase in traffic since the partial diverters were installed, creating a number of safety issues.

 

·     

Increased traffic has created a danger factor for children crossing the street to get to the Smoke Rise Park.

 

The following citizens spoke in favor of the Dodge Avenue partial diverters:

 

 

Greg Conlin, 6020 N. Dodge Avenue, Flagstaff

 

Joelle Worth, 6275 N. Dodge Avenue, Flagstaff

 

Gene Standiford, 6030 N. Dodge Avenue, Flagstaff

 

Donald D’Angelo, 6150 N. Dodge Avenue, Flagstaff

 

Joanna Klomann, 6120 N. Dodge Avenue, Flagstaff

 

Catherine Ewing, 6205 N. Dodge Avenue, Flagstaff

 

Glenn Eversole, 6140 N. Dodge Avenue, Flagstaff

 

Mike Atencio, 6080 N. Dodge Avenue, Flagstaff

 

Jim Hunter, 6180 N. Dodge Avenue, Flagstaff

 

Cathy Lobstein, 5965 N. Dodge Avenue, Flagstaff

 

William Kaufman, 6070 N. Dodge Avenue, Flagstaff

 

Art Mathaius, 6125 N. Dodge Avenue, Flagstaff

 

Citizens supporting the diverters did so because:

 

 

·     

Cut-through traffic is no longer a problem, and has created a safer street.

 

·     

The benefits for Dodge residents far outweigh the minimum negative impacts to the surrounding streets.

 

Several Councilmembers stated they were in favor of moving forward with permanent diverters on Dodge Avenue, agreeing with the findings of the Traffic Commission and the fact that the upcoming mall expansion will likely increase traffic in that area.

 

Councilmembers also requested that staff work with the residents of Smoke Rise Drive and Mountaineer Road to investigate calming measures and a possible stop sign at the appropriate location to benefit safe access to Smoke Rise Park.

 

Councilmember Silva moved to deny the appeal and approve the installation of permanent partial traffic diverters.  The motion was seconded by Vice-Mayor White and passed on unanimous vote.

 

10.     ORDINANCES AND RESOLUTIONS

 

C.

Consideration of Ordinance No. 2006-04:  An ordinance authorizing the disposition of real property at 203 East Brannen Avenue.  (Murdock Center)

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-04 for the first time by title only.

 

Denny Birkland, Real Estate Manager, gave a quick background on the details of the proposed sale.

 

During Council dialog, there was general agreement that the City will provide some kind of historic landmark to honor and recognize the site as historic and important to the community.

 

The following individuals were opposed to the City selling the Murdock Center property:

 

 

Cathy Anne Trotta, 5165 E. Hickory Drive, Flagstaff

 

Stan Mish, 1620 Spyglass, Flagstaff

 

Councilmembers discussed the under-utilization of the Murdock Center in recent years, and several felt that more public input was needed before the final decision was made on the disposition of the property.

 

Vice-Mayor White moved to table until the March 21, 2006 Council meeting.  The motion was seconded by Councilmember Silva and passed on unanimous vote.  Councilmember Babbott was absent from the vote.

 

7.      CONSENT – CONTRACTUAL

 

F.

Consideration of Road Easement Agreements:  A private road located in Section 3, Township 21 North, Range 8 East, Coconino County, Arizona.  (Rain Valley)

 

 

RECOMMENDED ACTION:

Approve the road easement agreements containing identical terms for ingress and egress of public safety personnel to the Rain Valley development within the City of Flagstaff.

 

Harry Lane, Assistant City Attorney, gave a brief overview of the historic access issues experienced by landowners in Rain Valley.

 

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

 

Those speaking in favor of the road easement agreements were:

 

 

Fritz Aspey, attorney representing Rain Valley landowners

 

Thaddeus Baker, attorney representing Rain Valley landowners

 

Stephen Renard, attorney representing Rain Valley landowners

 

Howard Brown, attorney representing Rain Valley landowners

 

John Seng, land owner in Rain Valley

 

The following arguments were cited as reasons to approve the easements:

 

 

·     

Every landowner in Rain Valley is in agreement to the provisions of the easements.

 

·     

The easements are the best solution for the complicated and long-standing access issues.

 

The motion to approve passed on unanimous vote.

 

9.       PUBLIC HEARINGS

 

A.

Consideration of Public Hearing:  Stormwater Utility rate increase.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Malcolm Alter, Stormwater Manager, gave a brief overview of the need to increase the stormwater utility rate, and reviewed the proposed program elements.  Mr. Alter explained that the original program did not include any drainage improvement funding.

 

The Council considered issues such as:

 

 

·     

The credit manual revisions should be in place before a rate hike, especially a 100% rate hike, is implemented.

 

·     

Staff should continue to explore using porous pavement, pavers, and other options to impact the 100-year flood volume.

 

·     

Major rate holders haven’t seen the proposed increases or provided feedback yet.

 

·     

The current rate has not been sufficient to operate the program.

 

·     

Many opportunities have been provided for users to become informed, including mailings, open houses, newspaper articles, radio spots, and public displays.

 

·     

The time to do something about the next big flood is today, not after the fact.

 

·     

Citizens have a responsibility to be informed about what is happening in the community.

 

·     

Councilmembers need to feel good about the process of how this item was brought forward, or at some point the content becomes irrelevant.

 

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

 

Three members of the Stormwater Advisory Committee, Paul Turner, Nat White, and Mark Flynn, offered their support in moving forward with the first reading of Ordinance No. 2006-02.  Each member in turn stated that City staff and the advisory committee have done everything possible to inform the public and gather user input.

 

Citizens speaking in opposition to the stormwater utility rate increase were:

 

 

Joe Ray, 2412 N. West Street, Flagstaff

 

Arguments offered in opposition were:

 

 

·     

The City hasn’t yet determined how to adjust for credits.

 

·     

Council didn’t ask the right questions in gathering citizen input.

 

Council requested that staff write a letter to the 72 largest stormwater utility rate holders regarding the proposed changes and request their feedback, in addition to a putting out a public service announcement with a thorough explanation of why the increase is needed.

 

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

 

B.

Consideration of Ordinance No. 2006-02:  An ordinance of the City of Flagstaff amending Title 12, Chapter 12-02, Stormwater Management Utility, to increase stormwater management utility service fees, to acknowledge adoption of a Fee Credit Manual and to define the Construction Site Stormwater Pollution Prevention Plan.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-02 for the first time by title only.

 

Vice-Mayor White moved to read Ordinance No. 2006-02 for the first time by title only, seconded by Councilmember Cooper.

 

Councilmember Haughey moved to table the item until the next meeting, if the following two conditions are met:  1) The letter described above is sent out; and 2) the public service announcement as described above is completed.  Councilmember Silva seconded the motion.  The motion failed on majority roll call vote as follows:

 

Mayor Donaldson

Nay

Vice-Mayor White

Nay

Councilmember Babbott

Nay

Councilmember Cooper

Nay

Councilmember Haughey

Aye

Councilmember Kelty

Nay

Councilmember Silva

Aye

 

Vice-Mayor White moved to amend the motion to read to include a request to bring the item back for a second reading on April 4, 2006, seconded by Councilmember Kelty.  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

 

The motion to read 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

 

Title was read as follows:

 

 

Ordinance No. 2006-02

 

 

 

An ordinance of the City of Flagstaff amending Title 12, Chapter 12-02, Stormwater Management Utility, to increase stormwater management utility service fees, to acknowledge adoption of a Fee Credit Manual and to define the Construction Site Stormwater Pollution Prevention Plan.

 

 

Return to Regular Agenda Order

 

6.       CONSENT – GENERAL

 

A.

Consideration of Audited Financial Reports:  June 30, 2005.

 

 

RECOMMENDED ACTION:

Approve the June 30, 2005 Comprehensive Annual Financial Report and the Single Audit Report.

 

Vice-Mayor White moved to approve the Consent-General Calendar, seconded by Councilmember Kelty.  The vote was unanimous in favor.

 

7.      CONSENT – CONTRACTUAL

 

A.

Consideration of Extension of Annual Bid:  City audit services.

 

 

RECOMMENDED ACTION:

Approve the third, one-year extension to Nordstrom and Associates, P.C., in an amount not to exceed $51,000.00.

 

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

 

B.

Consideration of Bids:  Firefighter turnouts.

 

 

RECOMMENDED ACTION:

Reject all bids received.

 

Councilmember Babbott moved to reject all bids, seconded by Councilmember Kelty.  The motion passed on unanimous vote.

 

C.

Consideration of Change Order No. 10:  Fourth Street Railroad Crossing project, Phase II.

 

 

RECOMMENDED ACTION:

Approve Change Order No. 10 to Parsons Brinckerhoff Quade & Douglas in the amount of $109,319.00, with a 283-day contract time extension.

Councilmember Kelty moved to approve the recommended action, seconded by Councilmember Silva.

 

Randy Whitaker, Capital Improvements Division, gave a brief explanation of why the change order is needed.

 

Councilmembers requested that staff provide current budget information on the project.

 

The motion passed on unanimous vote.

 

D.

Consideration of Confirming Change Order:  Repairs to the Continental Little League fencing.

 

 

RECOMMENDED ACTION:

Approve Change Order No. 1 to Coconino Fence in the amount of $1,995.00.

 

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

 

E.

Consideration of Lease:  2.808 acres of land at the Flagstaff Pulliam Airport.

 

 

RECOMMENDED ACTION:

Approve the lease with Flagstaff Airpark Holdings, LLC, for a forty-year term and an option to extend for an additional ten years based on monthly lease payments to the City in the amount of $3,057.91 subject a CPI adjustment every four years.

 

Bill Menard, Public Works Director, gave a brief overview of the lease agreement.

 

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

 

G.

Consideration of Consulting Service Contract:  Engineering design and construction plans for the Walnut to Rio FUTS Phase II project.

 

 

RECOMMENDED ACTION:

(1) Approve the contract with Turner Engineering, Inc., in the amount of $166,900.40, which includes a 10% contract allowance in the amount of $15,175.00, and a contract time of 270 days; (2) authorize the City Manager to execute the necessary documents; and (3) authorize change order authority in the amount of 10% of the consultant fee ($15,000.00) to cover potential costs associated with unanticipated or additional items of work.

 

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

 

In response to Council’s questions about how this project might be impacted should the widening of Milton Road become a reality, James Duval, Capital Improvements Division, stated that this project has been 30% delivered.  While the bridge abutments have been tentatively located, the widening of Milton Road has not been specifically looked at in relationship to this project.

 

The motion to approve passed on unanimous vote.

 

8.      BOARDS AND COMMISSIONS

 

A.

Consideration of Appointments:  Disability Awareness Commission.

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and make three appointments to terms expiring March, 2009.

 

Vice-Mayor White moved to appoint Kathryn Barrett and Geoffrey Barnard to terms expiring March, 2009.  The motion was seconded by Councilmember Haughey, and passed on unanimous vote.

 

10.     ORDINANCES AND RESOLUTIONS

 

A.

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 first time by title only.

 

Ed Larsen, Building Official, provided brief comments on the item.

 

Councilmember Haughey excused himself at this time due to a conflict of interest.

 

Councilmember Cooper moved to read Ordinance No. 2006-01 for the first time by title only, seconded by Vice-Mayor White.  Councilmember Haughey was excused from the vote due to a conflict of interest.  The motion passed on unanimous vote and title was read as follows:

 

 

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.

 

 

B.

Consideration of Ordinance No. 2006-03:  An ordinance of the Mayor and Council for the City of Flagstaff, Coconino County, Arizona, authorizing the sale of surplus city property.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-03 for the first time by title only.

 

Vice-Mayor White moved to read Ordinance No. 2006-03 for the first time by title only, seconded by Councilmember Kelty.

 

Rob Doba, Utilities Director, briefly discussed the subject.

 

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

 

 

Ordinance No. 2006-03

 

 

 

An ordinance of the Mayor and Council for the City of Flagstaff, Coconino County, Arizona, authorizing the sale of surplus city property.

 

 

D.

Consideration of Ordinance No. 2006-05:  An ordinance authorizing the acquisition of real property for housing and public utilities in Schultz Pass Meadows.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-05 for the first time by title only.

 

Vie-Mayor White moved to read Ordinance No. 2006-05 for the first time by title only, seconded by Councilmember Silva.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2006-05

 

 

 

An ordinance authorizing the acquisition of real property for housing and public utilities in Schultz Pass Meadows.

 

 

E.

Consideration of Resolution No. 2006-12:  A resolution authorizing the City of Flagstaff to enter into an intergovernmental agreement with Pinal County for acquisition and distribution of 2004 Law Enforcement Terrorism Prevention Program Homeland Security Grant funds not to exceed $25,500 for the Spillman Insight project.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-12 by title only.

Adopt Resolution No. 2006-12.

 

Vice-Mayor White moved to read Resolution No. 2006-12 by title only.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2006-12

 

 

 

A resolution authorizing the City of Flagstaff to enter into an intergovernmental agreement with Pinal County for acquisition and distribution of 2004 Law Enforcement Terrorism Prevention Program Homeland Security Grant funds not to exceed $25,500 for the Spillman Insight project.

 

 

Councilmember Haughey moved to adopt Resolution No. 2006-12, seconded by Councilmember Silva.  The motion passed on unanimous vote.

 

F.

Consideration of Resolution No. 2006-13:  A resolution authorizing the submission of a grant application for the U.S. Department of Justice, 2006 Edward Byrne Memorial Justice Assistance Program and authorizing the acceptance upon award of the grant agreement.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-13 by title only.

Adopt Resolution No. 2006-13.

 

Councilmember Cooper moved to read Resolution No. 2006-13 by title only, seconded by Councilmember Silva.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2006-13

 

 

 

A resolution authorizing the submission of a grant application for the U.S. Department of Justice, 2006 Edward Byrne Memorial Justice Assistance Program and authorizing the acceptance upon award of the grant agreement.

 

 

Councilmember Haughey moved to adopt Resolution No. 2006-13, seconded by Councilmember Silva.  The vote was unanimous in favor.

 

G.

Consideration of Resolution No. 2006-14:  A resolution authorizing approval of an intergovernmental agreement between the City of Flagstaff and Coconino County for the U.S. Department of Justice, 2006 Edward Byrne Justice Assistance Grant.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-14 by title only.

Adopt Resolution No. 2006-14.

 

Councilmember Silva moved to read Resolution No. 2006-14 by title only, seconded by Councilmember Cooper.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2006-14

 

 

 

A resolution authorizing approval of an intergovernmental agreement between the City of Flagstaff and Coconino County for the U.S. Department of Justice, 2006 Edward Byrne Justice Assistance Grant.

 

 

Councilmember Haughey moved to adopt Resolution No. 2006-14.  The motion was seconded by Councilmember Silva and passed on unanimous vote.

 

H.

Consideration of Resolution No. 2006-15:  A resolution authorizing the submission of a grant application for Flagstaff Urban Trail System signage, Phase II, and authorizing the acceptance upon award of the grant agreement.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-15 by title only.

Adopt Resolution No. 2006-15.

 

Councilmember Cooper moved to read Resolution No. 2006-15 by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2006-15

 

 

 

A resolution authorizing the submission of a grant application for Flagstaff Urban Trail System signage, Phase II, and authorizing the acceptance upon award of the grant agreement.

 

 

Vice-Mayor White moved to adopt Resolution No. 2006-15.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

I.

Consideration of Resolution No. 2006-18:  A resolution abandoning a portion of East Street.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-18 by title only.

Adopt Resolution No. 2006-18.

 

Denny Birkland, Real Estate Manager, responded to comments and questions from the Council.

 

Councilmember Kelty moved to read Resolution No. 2006-18 by title only, seconded by Vice-Mayor White.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2006-18

 

 

 

A resolution of the Council of the City of Flagstaff, Coconino County, Arizona, abandoning a portion of the public right-of-way on East Street.

 

 

Councilmember Haughey moved to adopt Resolution No. 2006-18, seconded by Vice-Mayor White.  The motion passed on unanimous vote.

 

11.     OTHER BUSINESS

 

B.

Consideration of Temporary Emergency Suspension of Irrigation Hours Contained in Title 7, Section 3, Chapter 7-03-001-0015 of the Flagstaff City Code.

 

 

RECOMMENDED ACTION:

Direct the City Manager to temporarily suspend the irrigation hours contained in Flagstaff City Code Section 7-03-001-0015(E)(1)(a) through April 15, 2006.

 

Vice-Mayor White moved to approve the recommended action, seconded by Councilmember Cooper.

 

Adam Miller, Water Conservation Manager, provided an overview of the reasons for the temporary suspension.

 

During Council discussion, the following issues were considered:

 

 

·     

If the suspension is approved for this year but not for next year, citizens will become confused with the changing policy.

 

·     

The current drought suggests there is even more reason than ever to restrict water usage.

 

·     

If citizens lose their landscaping due to the drought, they will be less likely to support and comply with the City’s conservation efforts.

 

·     

With only one surface source left for this summer, the temporary suspension suggests “let’s use it while we’ve got it”, which runs contrary to conservation goals.

 

The motion passed on majority vote with Mayor Donaldson, Vice-Mayor White, and Councilmembers Cooper, Haughey, Kelty, and Silva 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 10:32 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 February 21, 2006.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 8th day of March, 2006.

 

 

 

 

                                                                         

CITY CLERK