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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

 

October 17, 2006

6:00 p.m.

 

A Meeting of the Flagstaff City Council was held on October 17, 2006 convening at 6:08 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 Overton - Excused

Councilmember Cooper

Councilmember Haughey

Councilmember Kelty

Councilmember Swanson

Councilmember White

 

 

Also present were:

 

 

City Manager, Dave Wilcox

City Attorney, Patricia Boomsma

 

4.       MINUTES

 

A.

Consideration of Minutes: Regular Council Meeting of October 3, 2006.

 

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

 

Councilmember White moved to approve the Minutes as submitted, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

5.        PUBLIC PARTICIPATION

 

None.

 

6.       CONSENT – GENERAL

 

A.

Consideration of Purchase:  Document imaging and installation services.

 

 

RECOMMENDED ACTION:

(1) Authorize the use of the Arizona State Contract for the purchase of imaging from Image Conversions and Management in the amount of $24,508.00, plus a 10% contingency; and (2) approve the sole source purchase of implementation services from DocUnited in the amount of $20,476.20, plus a 10% contingency.

 

B.

Consideration of Purchase Under the Arizona Drug Procurement Program:  Tactical operations team emergency response vehicle.

 

 

RECOMMENDED ACTION:

Approve the purchase of a tactical operations team emergency response vehicle from the Arizona Drug Procurement Program in the amount of $281,011.00, plus applicable tax and freight.

 

C.

Consideration of Sole Source Payment:  Software upgrades and installation services for the KIVA system.

 

 

RECOMMENDED ACTION:

Approve payment to Accela Government Software in an amount not to exceed $95,000.00 for KIVA Version 8.1, Accela GIS Version 6, Accela wireless remote inspector, and KIVA RFS module for code enforcement and stormwater inspectors.

 

D.

Consideration of Payment of Claims Expenses and/or Settlement Costs:  Walter and Kimberly Yuhl versus City of Flagstaff.

 

 

RECOMMENDED ACTION:

Authorize payments not to exceed a total of $50,000.00.

 

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

 

7.      CONSENT – CONTRACTUAL

 

A.

Consideration of Annual Bid:  Repetitive motion therapy.

 

 

RECOMMENDED ACTION:

Approve the proposal from Terri Tarango in an amount not to exceed $20,000.00.

 

B.

Consideration of Annual Bid:  Publishing services.

 

 

RECOMMENDED ACTION:

Approve the bid from the Arizona Daily Sun at the rates listed in the staff summary attachment.

 

C.

Consideration of Annual Bid:  Holiday light display and decor.

 

 

RECOMMENDED ACTION:

Approve the proposal from Christmas Light Decorators in the amount of $74,989.12, plus applicable taxes and freight.

 

D.

Consideration of Lease of City Property:  11 West Cherry.

 

 

RECOMMENDED ACTION:

Approve the lease with Theatrikos Theater Company at the rates and terms listed in the staff summary attachment.

 

E.

Consideration of Lease:  700 East Butler Avenue.

 

 

RECOMMENDED ACTION:

Approve the lease agreement with Win Oil Company, Inc., at the rates and terms listed in the staff summary attachment.

 

F.

Consideration of Service Contract:  Fourth Street traffic interchange feasibility study.

 

 

RECOMMENDED ACTION:

Approve the contract with Parsons-Brinckerhoff in the amount of $59,994.00.

 

G.

Consideration of Construction Manager At Risk Contract:  Design services for the Pulliam Airport Master Plan Improvements, Runway 3-21 Extension and safety area.

 

 

RECOMMENDED ACTION:

(1)  Approve the Construction Manager at Risk contract with Ames Construction, Inc., in an amount not to exceed $147,941.00, subject to approval by the Federal Aviation Administration (FAA) and the Arizona Department of Transportation, Aeronautics Division (ADOTAD); (2) authorize the City Manager to execute the necessary documents subject to approval of the FAA and the ADOTAD; and (3) authorize change order authority in the amount of $14,794.10 (10%) to cover potential costs associated with unanticipated or additional items of work.

 

H.

Consideration of Intergovernmental Agreement:  Refuse and recycling services.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental with the Flagstaff Unified School District at the terms and conditions outlined in the staff summary attachment.

 

I.

Consideration of Intergovernmental Agreement:  $10,000.00 pass-through to the Northern Arizona University Nizhoni Academy.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the Fort McDowell Yavapai Nation.

 

J.

Consideration of Intergovernmental Agreement:  $20,000.00 pass-through to the Northern Arizona University Nizhoni Academy.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the Salt River Pima-Maricopa Indian Community.

 

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

 

8.      BOARDS AND COMMISSIONS

 

A.

Consideration of Appointments:  Planning and Zoning Commission.

 

 

RECOMMENDED ACTION:

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

 

Councilmember Cooper moved to appoint David Seese to a term expiring December, 2008.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

B.

Consideration of PC SUB 06-012:  A request for tentative plat approval by the Roman Catholic Diocese of Phoenix for the San Francisco de Asis School and Church development, a subdivision consisting of seven parcels on an approximately 117 acre site located at 1600 East Route 66 in the RR, Rural Residential zoning district.

 

 

RECOMMENDED ACTION:

The Planning and Zoning Commission recommends approving the tentative plat with the conditions outlined in the staff summary and its attachments, 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.

 

Councilmember White moved to approve the recommended action with the six conditions outlined below, seconded by Councilmember Cooper.

 

 

1.

Concurrent with tentative plat approval, the City Council would allow the increase and modification of the subdivision boundaries as well as parcel configurations for the final plat to accomplish the exchange of lands as identified in the Proposed Property Exchange Exhibit Option A (dated 10/04/06) or Proposed Property Exchange Exhibit Option B (dated 10/04/06) which may include land that is owned by the Roman Catholic Diocese of Phoenix, the City of Flagstaff, Mr. David Clark, and Laurie and Frank Nemic.

 

 

2.

To assure that the City Council is in agreement with the modifications made to this subdivision plat, the final plat for the San Francisco De Asis School and Church development would be reviewed and approved by the City Council prior to recording.

 

 

3.

City staff would prepare the necessary ordinances and legal documents to obtain real property for the purpose of constructing Fire Station #2 on parcel four, as shown on the tentative plat.

 

 

4.

City staff would prepare the necessary ordinances and legal documents to acquire the right-of-way from the property owner of parcel numbers 106-01-004D and 106-01-004F in order for the intersection at Ponderosa Parkway and Route 66 to be constructed with a dedicated right turn lane, a five-foot parkway, and a ten-foot FUTS trail as shown schematically on the revised page 3 of 11 of the tentative plat.

 

 

5.

The tree and slope resources that are removed due to the construction of Ponderosa Parkway shall be applied to the development of Parcel One.

 

 

6.

The subdivision boundaries, not the individual parcel boundaries, shall be utilized for the purpose of determining the property owners that shall be notified for development applications requiring public hearings within this subdivision.

 

The motion passed on unanimous vote.

 

9.       PUBLIC HEARINGS

 

A.

Consideration of Public Hearing:  Water and wastewater rates and fees.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Councilmember White moved to open the pubic hearing, seconded by Councilmember Swanson.  The vote was unanimous in favor.

 

Helen Hudgens Ferrell, Director of BOTHANDS, concerned that a fee increase would impact the affordability of homes, asked that the process for set-aside waivers be implemented concurrently with the new rates and fees.

 

Dave Wilcox, City Manager, stated that a discussion of set-aside policies is planned for the October 23, 2006 Work Session.

 

Members of the Council opposed to the implementation of a water resource development fee cited the following reasons:

 

 

·         

The fee has the potential to double.

 

·         

Fees should be spread among all community users.

 

·         

The increased cost of building will result in higher costs to homebuyers.

 

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

 

B.

Consideration of Resolution No. 2006-71:  A resolution of the City Council of the City of Flagstaff, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled 2006 Revisions to Title 7 of the Flagstaff Water and Wastewater Code to update system capacity fees, users fees, service fees, and provide for a water resource development fee.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-71 by title only.

Adopt Resolution No. 2006-71.

 

Councilmember White moved to read Resolution No. 2006-71 by title only, seconded by Councilmember Cooper.

 

Councilmember Haughey moved to amend Resolution No. 2006-71 by deleting Section 7-03-001-0017 Water Resource Development Fee.

 

The motion died due to lack of a second.

The motion to read passed on majority vote with Mayor Donaldson and Councilmembers Cooper, Kelty, Swanson, and White in favor, and Councilmember Haughey opposed.  Title was read as follows:

 

 

Resolution No. 2006-71

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled 2006 Revisions to Title 7 of the Flagstaff Water and Wastewater Code to update system capacity fees, users fees, service fees, and provide for a water resource development fee.

 

 

Councilmember White moved to adopt Resolution No. 2006-71, seconded by Councilmember Cooper.  The motion passed on majority vote with Mayor Donaldson and Councilmembers Cooper, Kelty, Swanson, and White in favor, and Councilmember Haughey opposed.

 

C.

Consideration of Ordinance No. 2006-27:  An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the 2006 Revisions to Title 7 of the Flagstaff Water and Wastewater Code to update system capacity fees, user fees, service fees, and provide for a water resource development fee.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-27 for the first time by title only.

 

Councilmember Cooper moved to read Ordinance No. 2006-27 for the first time by title only, seconded by Councilmember White.

 

Councilmember Haughey moved to delete the last part of the sentence which says “and provide for a water resource development fee by reference.”

 

The motion died due to lack of a second.

 

The motion to read passed on majority vote with Mayor Donaldson and Councilmembers Cooper, Kelty, Swanson, and White in favor, and Councilmember Haughey opposed.  Title was read as follows:

 

 

Ordinance No. 2006-27

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the 2006 Revisions to Title 7 of the Flagstaff Water and Wastewater Code to update system capacity fees, user fees, service fees, and provide for a water resource development fee.

 

 

D.

Consideration of Public Hearing (PC REZ 2006-002):  A request by Cedar Ridge L.L.C. to rezone approximately 5.03 acres of land located at 2500 South Woody Mountain Road from RR, Rural Residential District to HR, High Density Residential District.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

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

 

There being no public input, Councilmember Haughey moved to close the public hearing, seconded by Councilmember White.  The motion passed on unanimous vote.

 

E.

Consideration of Ordinance No. 2006-28:  An ordinance rezoning approximately 5.03 acres of land located at 2500 South Woody Mountain Road from RR, Rural Residential District to HR, High Density Residential District.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-28 for the first time by title only.

 

Councilmember White moved to read Ordinance No. 2006-28 for the first time by title only, seconded by Councilmember Haughey.

 

Councilmember Kelty moved to table the item to allow time for staff to meet with the developer to discuss the affordable housing potential in this project.  The motion was seconded by Councilmember Swanson and passed on majority roll call vote as follows:

 

 

Mayor Donaldson

Nay

 

Councilmember Cooper

Aye

 

Councilmember Haughey

Nay

 

Councilmember Kelty

Aye

 

Councilmember Swanson

Aye

 

Councilmember White

Aye

 

10.     ORDINANCES AND RESOLUTIONS

 

A.

Consideration of Resolution No. 2006-55:  A resolution of the City Council of the City of Flagstaff, Arizona, declaring as a public record that certain document filed with the City Clerk and designated as new Chapter 3.09 of the Flagstaff City Code regarding the grant, modification, renewal, transfer and regulation of cable licenses.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-55 by title only.

Adopt Resolution No. 2006-55.

 

Councilmember White moved to read Resolution No. 2006-55 by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2006-55

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, declaring as a public record that certain document filed with the City Clerk and designated as new Chapter 3.09 of the Flagstaff City Code regarding the grant, modification, renewal, transfer and regulation of cable licenses.

 

 

Councilmember Haughey moved to adopt Resolution No. 2006-55.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

B.

Consideration of Ordinance No. 2006-25:  An ordinance of the City Council of the City of Flagstaff, Arizona, amending Title 3 of the Flagstaff City Code and adopting by reference new Chapter 3.09 regarding the grant, modification, renewal, transfer and regulation of cable licenses.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-25 for the first time by title only.

 

Councilmember Cooper moved to read Ordinance No. 2006-25 for the first time by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2006-25

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, amending Title 3 of the Flagstaff City Code and adopting by reference new Chapter 3.09 regarding the grant, modification, renewal, transfer and regulation of cable licenses.

 

 

C.

Consideration of Resolution No. 2006-72:  A resolution authorizing the City of Flagstaff (“City”) to enter into a cable services licenses agreement, a broadband network agreement (“Citynet Agreement”) and a letter agreement with NPG Cable of Arizona, Inc. (“NPG”).

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-72 by title only.

Adopt Resolution No. 2006-72.

 

Councilmember Haughey moved to table to November 7, 2006, seconded by Councilmember Kelty.  The vote was unanimous in favor.

 

D.

Consideration of Resolution No. 2006-73:  A resolution in support of the League of Cities and Towns and municipalities across the State of Arizona declaring October 15-21, 2006, Arizona Cities & Towns Week.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-73 by title only.

Adopt Resolution No. 2006-73.

 

Councilmember Haughey moved to read Resolution No. 2006-73 by title only, seconded by Councilmember Kelty.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2006-73

 

 

 

A resolution in support of the League of Cities and Towns and municipalities across the State of Arizona declaring October 15-21, 2006, Arizona Cities & Towns Week.

 

 

Councilmember Swanson moved to adopt Resolution No. 2006-73, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

 

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 table to November 7, 2006.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

B.

Consideration of Separation Agreement for the City Manager and Transition Process.

 

 

RECOMMENDED ACTION:

(1) Approve the separation agreement; and (2) establish a timeline for consideration of process to appoint an interim City Manager and recruit a new City Manager.

 

Councilmember White moved to approve the separation agreement.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

Patricia Boomsma, City Attorney, provided a draft agenda for a proposed Special Council Meeting on Wednesday, October 25, 2006 at 5:00 p.m., to discuss a process for the appointment of an Acting City Manager, the process for recruitment and selection of a new City Manager, and possible other topics and goals.

 

There was consensus to meet on Wednesday, October 25, 2006 at 5:00 p.m. and to accept the proposed Special Council Meeting Agenda.

 

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

 

Councilmember Haughey asked to be provided a date as to when the lease on the old Coconino Warehouse will be finalized with Flagstaff Unified School District.

 

13.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 6:50.

 

                                                                         

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 17, 2006.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 8th day of November, 2006.

 

                                                                         

CITY CLERK