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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 21, 2006

6:00 p.m.

 

A Meeting of the Flagstaff City Council was held on Tuesday, November 21, 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 Cooper asked those present to stand for the Pledge of Allegiance.

 

2.      INVOCATION

 

Councilmember Cooper led a moment of silence.

 

3.      ROLL CALL

 

On roll call, the following were present:

 

 

Mayor Donaldson

 

Vice-Mayor Overton

Councilmember Cooper

Councilmember Haughey

Councilmember Kelty

Councilmember Swanson

Councilmember White

 

 

Also present were:

 

 

City Manager, Dave Wilcox

City Attorney, Patricia Boomsma

 

4.       MINUTES

 

5.        PUBLIC PARTICIPATION

 

6.       CONSENT – GENERAL

 

A.

Consideration of Authorization to Enter Into Settlement and Release Agreement and Stipulation for Entry of Stipulated Judgment:  City of Flagstaff v. W. L. Gore & Associates, et al.

 

 

RECOMMENDED ACTION:

Authorize the Mayor to execute the Settlement and Release Agreement and authorize Ayers & Brown, P.C., to execute the Stipulation for Entry of Stipulated Judgment settling the condemnation action filed in the Coconino County Superior Court for the acquisition of fee interests, a slope easement, a drainage easement, and a temporary construction easement as described in Exhibits 1 through 6 of the Settlement and Release Agreement.

 

Vice-Mayor Overton moved to approve the Consent-General Calendar. The motion was seconded by Councilmember Cooper and passed on unanimous vote.

 

Linda Lance, Horizon Moving Systems, has learned that it could be another ninety days before the conveyance goes into effect. The ninety-day delay creates problems because the ten-year funding for the property has come due. The current appraisal is less than it will be in ninety days and the legal survey will not be accurate.

 

Rick Barrett, Community Improvements Director, stated he was unfamiliar with the company’s situation. 3/10 of an acre was taken away from the original parcel size, but to compensate for this loss, they will receive 6/10 of an acre parcel which will enlarge the parcel from its pre-project condition

 

It was agreed that the City of Flagstaff will provide assistance, including legal descriptions and a letter to the bank if needed.

 

7.      CONSENT – CONTRACTUAL

 

A.

Consideration of Extension of Annual Bid:  Asphaltic concrete.

 

 

RECOMMENDED ACTION:

Approve the bid extension to Rinker Material for 3/4” asphaltic concrete with 5% oil at $50.50 per ton; 3/8” asphaltic concrete with 5.5% oil at $55.00 per ton; and 1/2” asphaltic concrete with 6% oil at $52.50 per ton, plus applicable taxes.

 

 

B.

Consideration of Annual Bid:  City vehicles.

 

 

RECOMMENDED ACTION:

(1)

Accept the bid from Bob Sellers Toyota for the purchase of three hybrid compact sedans for a cost of $67,584.00, plus applicable sales tax;

 

 

(2)

Accept the bid from Winslow Ford for the purchase of a minivan in the amount of $17,767.25, plus applicable sales tax;

 

 

 

(3)

Accept the bid from Jim Babbitt Ford for the purchase of three hybrid SUV compact vehicles, one hybrid SUV compact 4-wheel drive vehicle; one full size SUV 4X4; one 4x4 regular cab 1/2-ton pick-up truck, and five police sedans in the amount of $256,806.66, plus applicable sales tax; and

 

 

(4)

Reject the bids received on a mid-size 4X4 SUV, mid-sized extended cab 4X4 pick-up truck; 3/4-ton regular cab 4X2 pick-up trucks; 3/4 ton regular cab 4X4 pick-up trucks; 3/4 ton extended cab 4X4 pick-up trucks; and 1-1/2 ton diesel cab and chassis pick-up trucks.

 

 

C.

Consideration of Service Contract:  Recruitment, selection, and facilitation services.

 

 

RECOMMENDED ACTION:

Approve the agreement with Latshaw & Associates at a rate of $150.00 per hour, plus reimbursables.

 

Councilmember Cooper moved to approve Consent-Contractual Calendar, seconded by Vice-Mayor Overton. The vote was unanimous in favor.

 

8.      BOARDS AND COMMISSIONS

 

A.

Consideration of Appointments:  Diversity Awareness Commission.

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make one appointment to a partial term expiring February, 2007.

 

Vice-Mayor Overton moved to appoint Patricia Garcia to a term expiring February, 2007. The motion was seconded by Councilmember White and passed on unanimous vote.

 

B.

Consideration of Appointments:  Water Commission.

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make one appointment to a term expiring December, 2009.

 

Councilmember Haughey moved to reappoint Gay Chanler to a term expiring December, 2009. The motion was seconded by Councilmember White and passed on unanimous vote.

 

C.

Consideration of Appointments:  Historic Preservation Commission.

 

 

RECOMMENDED ACTION:

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

 

Councilmember Cooper moved to reappoint David Zimmerman to the professional term, Jonathan Day to the historic property owner term, and Richard Wentz to an at-large term. The three terms will expire December, 2009. The motion was seconded by Councilmember White and passed on unanimous vote.

 

D.

Consideration of PC SUB 2006-014:  A request for tentative plat approval from Lone Tree Investments for Deer Creek Crossing Subdivision, Unit 1, containing 38 single family lots on 42.5 acres of land located at 4201 South Clubhouse Circle Drive in the RI, Residential Zoning District (Conditional).

 

 

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.

 

Vice-Mayor Overton moved to accept the recommended action, seconded by Councilmember White. The motion passed on split vote with Mayor Donaldson, Vice-Mayor Overton, Councilmember Cooper, Haughey, Kelty and White voting in favor and Councilmember Swanson voting against

 

9.       PUBLIC HEARINGS

 

No items were submitted.

 

10.     ORDINANCES AND RESOLUTIONS

 

A.

Consideration of Ordinance No. 2006-26:  An ordinance adopting the Engineering Design and Construction Standards and Specifications, 2006 Edition.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-26 for the final time by title only.

Adopt Ordinance No. 2006-26.

 

Councilmember Cooper moved to read Ordinance No. 2006-26 for the final time by title only, seconded by VIce-Mayor Overton. The motion passed on unanimous vote and title was read as follows:

 

Ordinance No. 2006-26:

 

 

 

An ordinance adopting the Engineering Design and Construction Standards and Specifications, 2006 Edition.

 

 

Councilmember Cooper moved to adopt Ordinance No. 2006-26, seconded by Councilmember White. The vote was unanimous in favor.

 

B.

Consideration of Resolution No. 2006-75:  A resolution approving the first supplement to Development Agreement among the City of Flagstaff, Premiere Acquisitions, L.L.C., Luxury Lofts and Cedar Ridge Investments, L.L.C.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-75 by title only.

Adopt Resolution No. 2006-75.

 

Councilmember White moved to read Resolution No. 2006-75, seconded by Vice-Mayor Overton. The motion passed on split vote with Mayor Donaldson, Vice-Mayor Overton, Councilmembers Cooper, Haughey, Kelty, and White voting in favor and Councilmember Swanson voting against. Title was read as follows:

 

 

Resolution No. 2006-75

 

 

 

A resolution approving the first supplement to Development Agreement among the City of Flagstaff, Premiere Acquisitions, L.L.C., Luxury Lofts and Cedar Ridge Investments, L.L.C.

 

 

Councilmember Haughey moved to adopt Resolution No. 2006-75, seconded by Vice-Mayor Overton. The motion passed on split vote with Mayor Donaldson, Vice-Mayor Overton, Councilmembers Cooper, Haughey, Kelty, and White voting in favor and Councilmember Swanson voting against.

 

C.

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 final time by title only.

Adopt Ordinance No. 2006-28.

 

Councilmember White moved to read Ordinance No. 2006-28, seconded by Vice-Mayor Overton. The motion passed on split vote with Mayor Donaldson, Vice-Mayor Overton, Councilmembers Cooper, Haughey, Kelty, and White voting in favor and Councilmember Swanson voting against. Title was read as follows:

 

 

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.

 

 

Councilmember White moved to adopt Ordinance No. 2006-28, seconded by Vice-Mayor Overton. The motion passed on split vote with Mayor Donaldson, Vice-Mayor Overton, Councilmembers Cooper, Haughey, Kelty, and White voting in favor and Councilmember Swanson voting against.

 

D.

Consideration of PC SUB 06-013:  A request for tentative plat approval by Cedar Ridge Investments, L.L.C. for “Cedar Ridge at Presidio”, a planned development containing fifty (50) detached single-family residential lots on a 5.03 acre site located at 2500 South Woody Mountain Road in the HR, High Density 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.  Approval is contingent upon the effective date of Ordinance No. 2006-28.

 

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

 

E.

Consideration of Ordinance No. 2006-29:  An ordinance dedicating City of Flagstaff land as a public right of way at the Flagstaff Pulliam Airport Airpark.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-29 for the final time by title only.

Adopt Ordinance No. 2006-29.

 

Councilmember White moved to read Ordinance No. 2006-29 for the final time by title only, seconded by Vice-Mayor Overton. The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2006-29

 

 

 

An ordinance dedicating City of Flagstaff land as a public right of way at the Flagstaff Pulliam Airport Airpark.

 

 

Vice-Mayor Overton moved to adopt Ordinance No. 2006-29, seconded by Councilmember White. The motion passed on unanimous vote.

 

F.

Consideration of Ordinance No. 2006-31:  An ordinance amending rezoning Ordinance No. 2006-13 to correct the legal descriptions attached to Ordinance No. 2006-13, and declaring an emergency.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-31 for the first time by title only.

Read Ordinance No. 2006-31 for the final time by title only.

Adopt Ordinance No. 2006-31.

 

Councilmember White moved to read Ordinance No. 2006-31 for the first time by title only, seconded by Councilmember Cooper. The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2006-31

 

 

 

An ordinance amending rezoning Ordinance No. 2006-13 to correct the legal descriptions attached to Ordinance No. 2006-13, and declaring an emergency.

 

 

Councilmember White moved to read Ordinance No. 2006-31 for the final time by title only, seconded by Councilmember Cooper. The motion passed on unanimous vote and the title was read as follows:

 

 

Ordinance No. 2006-31

 

 

 

An ordinance amending rezoning Ordinance No. 2006-13 to correct the legal descriptions attached to Ordinance No. 2006-13, and declaring an emergency.

 

 

Councilmember White moved to adopt Ordinance No. 2006-31, seconded by Councilmember Cooper. The motion passed on unanimous vote.

 

G.

Consideration of Ordinance No. 2006-33:  An ordinance approving agreement with Coconino County for temporary easement for water well exploration and option to purchase perpetual production water well easement at Ft. Tuthill.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-33 for the final time by title only.

Adopt Ordinance No. 2006-33.

 

Vice-Mayor Overton moved to read Ordinance No. 2006-33 for the final time by title only, seconded by Councilmember Cooper. The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2006-33

 

 

 

An ordinance approving agreement with Coconino County for temporary easement for water well exploration and option to purchase perpetual production water well easement at Ft. Tuthill.

 

 

Councilmember Haughey moved to adopt Ordinance No. 2006-33, seconded by Vice-Mayor Overton. The motion passed on unanimous vote.

 

H.

Consideration of Resolution No. 2006-74:  A resolution approving a cooperative funding agreement between the City of Flagstaff (“City”) and the Guidance Center, Inc. (“Guidance Center”) for the establishment, operation and maintenance of an intake triage unit for the initial detoxification treatment and care of publicly intoxicated persons.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-74 by title only.

Adopt Resolution No. 2006-74.

 

Vice-Mayor Overton moved to read Resolution No. 2006-74 by title only, seconded by Councilmember Swanson.

 

Deputy City Manager, Jeri Dustir, submitted an amendment to the Guidance Center agreement at Page 4, Item 2C, “The Guidance Center can terminate this agreement if the City of Flagstaff and/or other funding resources are not adequate for continued operation”.

 

Councilmember White moved to approve the amendment, seconded by Vice-Mayor Overton. The motion passed on split vote with Mayor Donaldson, Vice-Mayor Overton, Councilmembers Cooper, Haughey, Swanson, and White voting in favor and Councilmember Kelty voting against.

 

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

 

 

Resolution No. 2006-74

 

 

 

A resolution approving a cooperative funding agreement between the City of Flagstaff (“City”) and the Guidance Center, Inc. (“Guidance Center”) for the establishment, operation and maintenance of an intake triage unit for the initial detoxification treatment and care of publicly intoxicated persons.

 

 

Councilmember Cooper moved to adopt Resolution No. 2006-74, seconded by Councilmember Kelty. The motion passed on unanimous vote.

 

11.     OTHER BUSINESS

 

No items were submitted.

 

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

 

The Council announced that San Felipe is hosting a free holiday dinner for the community’s homeless and that the Thanksgiving meal for the seniors at the American Legion was a lot of fun.

 

13.    ADJOURNMENT

 

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

 

 

                                                                         

MAYOR

 

ATTEST:

                                                                           

CITY CLERK

 

 

CERTIFICATION

 

STATE OF ARIZONA,

 

Coconino County.

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)

 

 

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 21, 2006 .  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 20th day of December, 2006.

 

                                                                         

CITY CLERK