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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

 

December 18, 2007

6:00 p.m.

 

A Meeting of the Flagstaff City Council was held on December 18, 2007 convening at 6:02 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, READING OF THE MISSION STATEMENT, AND INVOCATION

 

Mayor Donaldson asked those present to stand for the Pledge of Allegiance, the reading of the Mission Statement, and the Invocation.

 

2.      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:

 

 

Acting City Manager, Jim Wine

City Attorney, Patricia Boomsma

 

3.       MINUTES

 

A.

Consideration of Minutes: Regular Council Meeting of November 20, 2007 and December 4, 2007.

 

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

 

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

 

4.        PUBLIC PARTICIPATION

 

Joleen Kaye, Flagstaff resident, encouraged the City Council to support the use of the former Home Alternatives building as a homeless shelter, and to open it as soon as possible.

 

5.       CONSENT AGENDA

 

A.

Consideration of Authorization to Use U.S. General Services Administration Purchasing Contract and Subsequent Purchase:  Computers for the Police and Fire Departments.

 

 

RECOMMENDED ACTION:

Authorize use of the U.S. General Services Administration contract and approve the purchase of 17 Panasonic Powerbook Notebook computers in an amount not to exceed $63,060.00, plus applicable taxes and shipping.

 

B.

Consideration of Payment:  Scientific, engineering, and medical economic development in northern Arizona.

 

 

RECOMMENDED ACTION:

Approve payment to the Science Foundation Arizona in the amount of $50,000.00.

 

C.

Consideration of Payment of Claims Expenses and/or Settlement Costs:  Callaghan v. City of Flagstaff.

 

 

RECOMMENDED ACTION:

Authorize payments not to exceed a total of $30,000.00 in claims expenses and/or settlement costs.

 

D.

Consideration of Payment of Claims Expenses and/or Settlement Costs:  Pickard v. City of Flagstaff.

 

 

RECOMMENDED ACTION:

Authorize payments not to exceed a total of $22,000.00 in claims expenses and/or settlement costs.

 

E.

Consideration of Bids:  Automotive parts.

 

 

RECOMMENDED ACTION:

Approve the bids from Coconino Auto Parts and from Grand Canyon Auto Supply for the parts and at the prices shown on the staff summary attachment.

 

F.

Consideration of Annual Bid:  Disposition of hazardous waste.

 

 

RECOMMENDED ACTION:

Approve the proposal from Clean Harbors Environmental Services, Inc., in an amount not to exceed $53,000.00.

 

G.

Consideration of Service Agreement:  Community Homebuyer Assistance Program.

 

 

RECOMMENDED ACTION:

Approve the agreement with BOTHANDS, Inc., in an amount not to exceed $400,000.00 and authorize the City Manager to execute the necessary documents.

 

H.

Consideration of Memorandum of Understanding:  Purchase of renewable energy from Arizona Public Service Company through the Green Choice Program.

 

 

RECOMMENDED ACTION:

Approve the Memorandum of Understanding.

 

I.

Consideration of Construction Contract:  Chlorine dioxide addition to the Lake Mary filter building.

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with Kear Civil Corporation in the amount of $568,600.00, which includes a $25,000.00 contingency; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

J.

Consideration of Intergovernmental Agreement:  Election services for the March 11, 2008 and May 20, 2008 Primary and General elections.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the Coconino County Recorder’s Office at a cost of $1.50 per registered voter, plus actual costs incurred for outreach and other administrative services.

 

K.

Consideration of Funding Request:  Special Olympics Arizona Winter Games.

 

 

RECOMMENDED ACTION:

Approve funding in the amount of $3,000.00.

 

Councilmember Haughey moved to approve the Consent Agenda with the exception of Items 5D, 5G, 5H, and 5K.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

 

Returning to Item 5D, Councilmember Haughey moved to approve the recommended action, and to increase the authorization of payments to a total not to exceed $30,000.00 in claims, expenses, and/or settlement costs.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

 

Returning to Item 5G, Councilmember Haughey moved to approve the recommended action, and to increase the not to exceed amount to $450,000.00, seconded by Vice-Mayor Overton.

 

Mark Higgins, Housing Our Communities’ first Flagstaff client, spoke in favor of the group receiving the Community Homebuyer Assistance Program contract, highlighting their professionalism, knowledge and friendliness.

 

John R. Smith, President of Housing Our Communities, shared that while having the above contract with the City for the past year, they processed 40% more homeowners than was projected in their contract, and met or exceeded all of City staff’s expectations.

 

The motion to approve passed on unanimous vote.

 

Returning to Item 5H, Councilmember Swanson moved to approve the recommended action, seconded by Councilmember Cooper.  The vote was unanimous in favor.

 

Returning to Item K, Councilmember Kelty moved to approve the recommended action, and to increase the authorized funding to $5,000.00.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

 

6.     PUBLIC HEARING ITEMS (Public Hearing Items Will Not be Heard Prior to 6:00 p.m.)

 

No items were submitted.

 

7.      REGULAR AGENDA

 

A.

Consideration of Downtown Management Plan.

 

 

RECOMMENDED ACTION:

Approve the Downtown Management Plan.

 

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

 

Citizens in favor of approving the Downtown Management Plan included:

 

 

Leslie Connell, Flagstaff business owner.

 

Robert Luciani, downtown business owner.

 

Diane Luciani, downtown business owner.

 

Mark Lamberson, downtown business owner.

 

John Vanlandingham, downtown business owner.

 

The following arguments were cited as reasons to move forward with the plan:

 

 

This discussion has been ongoing for several years; nothing will be gained by postponing the item for another 30 days.

 

There is momentum and motivation throughout the downtown business community to move forward now; another season will be lost even with a 30-day extension.

 

Placement of the parking meters, the training of staff, and the working out of all the kinks needs to be completed before the arrival of summer tourists.

 

Parking meters will kick-start the rest of the management plan, as well as force Coconino County and the Northern Arizona Council of Governments to actively pursue parking solutions for their employees.

 

While the plan is not perfect, delays will cause more downtown merchants to go out of business due to a lack of parking for their customers.

 

According to the City’s sales tax figures, downtown retail sales have grown this year by .7%, however, the downtown BBB revenues have grown by 7.8%.

 

The public education element will have more success after the plan is approved; it will generate the public’s interest and then the real education can take place.

 

The City Council was divided and observed that:

 

 

The details can be worked out as the management plan moves forward.

 

Downtown business owners want to invest in their businesses, but if there is no parking to attract customers, they cannot get a return on their investment.

 

The community as a whole needs the opportunity to weigh in on the plan, and another 30 days isn’t going to make a difference.

 

A 30-day delay would better allow the residential permit parking districts project to proceed on a parallel timeline with the downtown plan.

 

Replacement parking such as garages and/or off-site lots need to be available to downtown employees before the plan is implemented.

 

Not all public processes have been exhausted.

 

There are still details to be discussed, such as (1) the role of downtown ambassadors, (2) the number of lots and employee spaces in downtown, (3) a tangible plan for a parking garage, (4) feasibility of allocating $1,000,000.00 from the auto park to jump start a public/private partnership for a parking garage, (5) anticipated impact that the plan will have on the southside community, (6) County juror parking and County employee parking, (7) employer generated incentives to employees who do not drive a vehicle to work, (8) whether or not the advisory committee will be a full-fledged commission, and what its role will be, and (9) the feasibility of using monies generated from the parking meters to go toward a parking garage.

 

Mark Landsiedel, Community Development Director, suggested that should the Council choose to delay action on the item, staff could bring it back at the February 5, 2008 Council meeting.  This would allow staff time to advertise, put out mailings, and co-host a pubic forum with the Downtown Business Alliance.  Should Council adopt the Downtown Management Plan on February 5, 2008, Council could then award the parking meter contract, adopt the parking meter rates, and adopt the residential permit parking ordinance at the March 4, 2008 Council meeting.  A draft of the permit parking regulations could also be presented at the March 4, 2008 meeting.  Then in June, the parking meters would be installed and energized at the same time that the parking regulations are adopted.

 

During a discussion of a possible parking lot on the Phoenix Street property, Michael Kerski, Community Investment Director, explained that the plans are ready to be bid, and that weather will be the determining factor in completing the construction.

 

Councilmember Kelty requested that the public outreach include placing articles in Flag Live, passing out leaflets at the downtown art walk, sending out mailings to include the southside community, and to invite the Chamber of Commerce to attend a public forum, possibly at a work session.

 

If the item is tabled, Mark Landsiedel would like to return to Council at a work session before the February 5, 2008 Council meeting to provide an update.

 

Councilmember Cooper requested that the Council receive a breakdown on how many business owners and property owners are in favor of the plan, specifically the parking meters, and what staff has discovered about the public’s view on parking meters.

 

Councilmember Kelty moved to table the item to the February 5, 2008 Council meeting, seconded by Councilmember Swanson.  The motion passed on majority roll call vote as follows:

 

 

Mayor Donaldson

Nay

 

Vice-Mayor Overton

Aye

 

Councilmember Cooper

Aye

 

Councilmember Haughey

Nay

 

Councilmember Kelty

Aye

 

Councilmember Swanson

Aye

 

Councilmember White

Aye

 

B.

Consideration of Recommendation from Traffic Commission:  Residential permit parking districts.

 

 

RECOMMENDED ACTION:

Based on Traffic Commission’s recommendation to establish residential neighborhood permit parking districts, (1) direct staff to prepare an ordinance to provide for the formation of residential parking districts; and (2) submit it to the Traffic Commission for further review and recommendation.

 

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

 

Charlotte Welch, representing residents north of downtown, and Paul Dutton, a downtown resident, both provided comments in favor of the residential permit parking districts.  Ms. Welch stated her group would like the opportunity to review the ordinance before it returns for Council approval.

 

The motion passed on unanimous vote.

 

C.

Consideration of Street Closures:  2007 New Year’s Eve Bash.

 

 

RECOMMENDED ACTION:

Approve the closure of Aspen Avenue between Beaver and San Francisco Streets.

 

Councilmember White moved to approve the recommended action, seconded by Vice-Mayor Overton.  The vote was unanimous in favor.

 

D.

Consideration of Ordinance No. 2007-46:  An ordinance adopting the Engineering Design and Construction Standards and Specifications, 2007 Edition.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-46 for the final time by title only.

Adopt Ordinance No. 2007-46.

 

Councilmember Cooper moved to read Ordinance No. 2007-46 for the final time by title only.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2007-46

 

 

 

An ordinance adopting the Engineering Design and Construction Standards and Specifications, 2007 Edition.

 

 

Councilmember Haughey moved to adopt Ordinance No. 2007-46.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

E.

Consideration of Ordinance No. 2007-47:  An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the “City of Flagstaff 2007 Building Code Amendments” by reference.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-47 for the final time by title only.

Adopt Ordinance No. 2007-47.

 

Councilmember Haughey moved to read Ordinance No. 2007-47 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. 2007-47

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the “City of Flagstaff 2007 Building Code Amendments” by reference.

 

 

Councilmember White moved to adopt Ordinance No. 2007-47, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

F.

Consideration of Resolution No. 2007-62:  A resolution of the City Council of the City of Flagstaff, Arizona, declaring as a public record the International Energy Conservation Code, 2006 Edition, and providing for amendments, additions and deletions thereto.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-62 by title only.

Adopt Resolution No. 2007-62.

 

Councilmember White moved to read Resolution No. 2007-62 by title only, with the following amendments, seconded by Councilmember Kelty:

 

 

1.

All walls are R-19.

 

 

2.

Water heaters will have R-16 insulation, either from factory or with 3” fiberglass jacket.

 

 

3.

New standards for windows, U=.45 and requirements for CFL’s and programmable thermostats take effect in Phase I, July 2008.

 

 

4.

Remove exception for in-floor hydronic systems to programmable thermostat requirement.

 

 

5.

The requirement for water heater proximity to uses remains at 100 feet, not 50 feet, with all other changes necessary to become consistent with this.

 

 

6.

Recirculation systems can be used for hot water uses more than 100 feet from the water heater, but are only required to serve those uses more than 100 feet from the water heater.

 

 

7.

Recirculation systems must be installed with a programmable timer (not necessarily in conditioned space) or a switch inside conditioned space.

 

 

8.

Recirculation systems must have R-6 pipe insulation when the pipe is outside conditioned space (does not apply to under slab locations or to on-demand systems that run for under 90 seconds per use).

 

 

9.

The following IECC prescriptive requirements for Zone 5 and the related text in Section 402 are also made part of the City prescriptive requirements:

 

 

 

a)

Floor R-value = R-30.

 

 

 

b)

Basement wall R-value = 10 continuous/13 in cavity.

 

 

 

c)

Slab R-value and depth: R-10 and 2 feet deep.

 

 

 

d)

Crawl space R-value: 10 continuous/13 cavity, as noted in IECC, either floor or crawl space needs to be insulated, not both.

 

 

 

e)

Air leakage sealing.

 

 

 

f)

Recessed lighting.

 

 

 

g)

Moisture control.

 

 

10.

The same minimum requirements exist for homeowners/builders/developers using any sustainability list.

 

Some Councilmembers felt that the code changes had been debated and hammered out previously and were ill at ease in taking any action on new amendments that had not been reviewed or evaluated.  Councilmembers were also concerned that the public, including the Northern Arizona Building Association, had not been given the opportunity to review and comment on the new amendments.

 

Councilmember Kelty moved to amend the motion with only the following changes:

 

 

All exterior walls will be R-19.

 

New standards for windows, U=.45 and requirements for CFL’s and programmable thermostats take effect in Phase I, July 2008.

 

The issue of duel plumbing will be brought back to the Council for discussion at a Work Session as soon as possible, but within 160 days.

 

The motion was seconded by Councilmember White.

 

Tom Broderick, a Flagstaff resident, stated his support for the energy code amendments presented by Councilmember White, and spoke to the cost savings that individuals would receive if all the amendments were adopted.

 

The motion to amend passed on majority vote with Mayor Donaldson and Councilmembers Cooper, Haughey, Kelty, Swanson and White in favor, and Vice-Mayor Overton opposed.

 

The motion to read Resolution No. 2007-62 by title only passed on majority vote with Mayor Donaldson and Councilmembers Cooper, Haughey, Kelty, Swanson and White in favor, and Vice-Mayor Overton opposed.

 

Title was read as follows:

 

 

Resolution No. 2007-62

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, declaring as a public record the International Energy Conservation Code, 2006 Edition, and providing for amendments, additions and deletions thereto.

 

 

Councilmember Kelty moved to adopt Resolution No. 2007-62, seconded by Councilmember White.  The motion passed on majority vote with Mayor Donaldson and Councilmembers Cooper, Haughey, Kelty, Swanson and White in favor, and Vice-Mayor Overton opposed.

 

G.

Consideration of Ordinance No. 2007-48:  An ordinance of the City Council of the City of Flagstaff, Arizona, amending City Code, Title 4, Chapters 1 through 10 by adding the International Energy Conservation Code, 2006 Edition, and providing for amendments, additions, and deletions thereto by reference.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-48 for the first time by title only.

 

Councilmember White moved to read Ordinance No. 2007-48 for the first time by title only.  The motion was seconded by Councilmember Kelty and passed on majority vote with Mayor Donaldson and Councilmembers Cooper, Haughey, Kelty, Swanson and White in favor, and Vice-Mayor Overton opposed.

 

Title was read as follows:

 

 

Ordinance No. 2007-48

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, amending City Code, Title 4, Chapters 1 through 10 by adding the International Energy Conservation Code, 2006 Edition, and providing for amendments, additions, and deletions thereto by reference.

 

 

H.

Consideration of Resolution No. 2007-58:  A resolution of the City Council of the City of Flagstaff, Arizona, adopting the text of a proposed Charter amendment (Proposition 401) to the Flagstaff City Charter increasing the limits for formal bidding of City improvements, goods, and services; and declaring an emergency.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-58 by title only.

Adopt Resolution No. 2007-58.

 

Councilmember Cooper moved to read Resolution No. 2007-58 by title only, changing the proposition number to 406.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2007-58

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, adopting the text of a proposed Charter amendment (Proposition 406) to the Flagstaff City Charter increasing the limits for formal bidding of City improvements, goods, and services; and declaring an emergency.

 

 

Vice-Mayor Overton moved to adopt Resolution No. 2007-58 as amended, seconded by Councilmember Swanson.  The vote was unanimous in favor.

 

I.

Consideration of Resolution No. 2007-59:  A resolution of the City Council of the City of Flagstaff, Arizona, adopting the text of a proposed Charter Amendment (Proposition 402) to the Flagstaff City Charter adding additional methods of rejecting bids, and declaring an emergency.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-59 by title only.

Adopt Resolution No. 2007-59.

 

Councilmember Swanson moved to read Resolution No. 2007-59 by title only, changing the proposition number to 407.  The motion was seconded by Councilmember White and failed on majority vote with Mayor Donaldson, Vice-Mayor Overton, and Councilmembers Cooper, Haughey, Kelty, and White, and Councilmember Swanson in favor.

 

J.

Consideration of Ordinance No. 2007-50:  An ordinance levying sales tax subject to the approval by a majority of the qualified electors and submitting to the qualified electors of the City at the General Election on May 20, 2008, and approving ballot language submitting approval of the levies and authorizing the City Council to extend until June 30, 2020 and to increase the Sales Tax rates for a period of twelve years, excluding the Sales Tax on food as exempted by State law, for the purposes of transit, hybrid, electric vehicles and capital improvements, transit service between the Downtown area and the Woodlands Village areas through and within the Northern Arizona University Campus and other transit system improvements, neighborhood shuttles, and increased frequency on transit routes; and declaring an emergency.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-50 for the first time by title only.

Read Ordinance No. 2007-50 for the final time by title only.

Adopt Ordinance No. 2007-50.

 

Councilmember Cooper moved to read Ordinance No. 2007-50 for the first time by title only, with the change of proposition numbers to 401,402, 403, 404, and 405.  The motion was seconded by Councilmember Kelty.

 

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

 

 

Ordinance No. 2007-50

 

 

 

An ordinance levying sales tax subject to the approval by a majority of the qualified electors and submitting to the qualified electors of the City at the General Election on May 20, 2008, and approving ballot language submitting approval of the levies and authorizing the City Council to extend until June 30, 2020 and to increase the Sales Tax rates for a period of twelve years, excluding the Sales Tax on food as exempted by State law, for the purposes of transit, hybrid, electric vehicles and capital improvements, transit service between the Downtown area and the Woodlands Village areas through and within the Northern Arizona University Campus and other transit system improvements, neighborhood shuttles, and increased frequency on transit routes; and declaring an emergency.

 

 

Councilmember Haughey moved to read Ordinance No. 2007-50 for the final time by title only, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

 

Following the reading of Ordinance No. 2007-50 for the final time by title only, Councilmember White moved to adopt Ordinance No. 2007-50.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.

 

K.

Consideration of Resolution No. 2007-60:  A resolution approving a cooperative purchasing agreement between the City of Flagstaff and Mohave Educational Services, Inc.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-60 by title only.

Adopt Resolution No. 2007-60.

 

Councilmember Haughey moved to read Resolution No. 2007-60 by title only.  The motion was seconded by Councilmember White and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2007-60

 

 

 

A resolution approving a cooperative purchasing agreement between the City of Flagstaff and Mohave Educational Services, Inc.

 

 

Councilmember Haughey moved to adopt Resolution No. 2007-60, seconded by Councilmember White.  The vote was unanimous in favor.

 

L.

Consideration of Resolution No. 2007-66:  A resolution authorizing the Chief of Police to approve special event liquor licenses.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-66 by title only.

Adopt Resolution No. 2007-66.

 

Councilmember Cooper moved to read Resolution No. 2007-66 by title only.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2007-66

 

 

 

A resolution authorizing the Chief of Police to approve special event liquor licenses.

 

 

Councilmember Haughey moved to adopt Resolution No. 2007-66.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

8.      COUNCIL DISCUSSION ITEMS

 

(No items were submitted.)

 

9.         INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF,             REQUESTS FOR FUTURE AGENDA ITEMS

 

10.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 9:41 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 December 18, 2007.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 16th day of January, 2008.

 

                                                                           

CITY CLERK