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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

 

January 15, 2008

6:00 p.m.

 

A Meeting of the Flagstaff City Council was held on January 15, 2008, convening at 6:14 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:

 

 

City Manager, Kevin Burke

City Attorney, Patricia Boomsma

 

3.       MINUTES

 

A.

Consideration of Minutes: Regular Council Meeting of December 18, 2007.

 

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

 

Councilmember Haughey moved to approve the Minutes as submitted, seconded by Vice-Mayor Overton.  The motion passed on unanimous vote.

 

4.        PUBLIC PARTICIPATION

 

None.

 

5.       CONSENT AGENDA

 

A.

Consideration of Purchase under State Contract:  Rodding machine truck.

 

 

RECOMMENDED ACTION:

Approve the purchase from Five Star Ford in an amount not to exceed $81,881.92, plus sales tax and freight.

 

B.

Consideration of Purchase under State Contract:  Turf vacuum.

 

 

RECOMMENDED ACTION:

Approve the purchase under State Contract in the amount of $23,890.43, plus applicable tax.

 

C.

Consideration of Purchase under State Contract:  Work cubicles for the Community Development Department.

 

 

RECOMMENDED ACTION:

Approve the purchase of nine (9) cubicles from Goodman’s in the amount of $37,623,75, plus freight and tax.

 

D.

Consideration of Payment:  Annual Clean Air Act compliance permit.

 

 

RECOMMENDED ACTION:

Approve payment to the Arizona Department of Environmental Quality in the amount of $16,503.54.

 

E.

Consideration of Bids:  Used boom truck.

 

 

RECOMMENDED ACTION:

Approve the bid from United Rentals in the amount of $51,600.00, plus applicable tax.

 

F.

Consideration of Bids:  Vacuum excavator system for the Utilities Department.

 

 

RECOMMENDED ACTION:

Approve the bid from Pacific Tek in the amount not to exceed $29,500.00, plus applicable taxes.

 

G.

Consideration of Bids:  Solid grinder pumps for the Wildcat Hill and Rio de Flag treatment plants.

 

 

RECOMMENDED ACTION:

Reject the bids and re-bid the items at a later date.

 

H.

Consideration of Bids:  Reclaimed water booster station.

 

 

RECOMMENDED ACTION:

Approve the bid from Universal Pump and Control in the amount of $248,697.00.

 

I.

Consideration of Bids:  Installation of communication cabling infrastructure for the Flagstaff Aquaplex.

 

 

RECOMMENDED ACTION:

Approve the bid from PCC Network Solutions in the amount of $26,402.00, plus applicable tax.

J.

Consideration of Bids:  Consulting, design, layout, printing, and mailing of Cityscape.

 

 

RECOMMENDED ACTION:

(1)

Reject all proposals received; and

 

 

(2)

Authorize use of Coconino County’s proposal with Derrsign, Incorporated in an amount not to exceed $30,000.00 per issue.

 

K.

Consideration of Consulting Service Contract:  Northeast area master drainage study.

 

 

RECOMMENDED ACTION:

(1)

Approve the contract with WLB Group in the amount of $371,854.00;

 

 

(2)

Authorize the City Manager to execute the necessary contract documents; and

 

 

(3)

Authorize change order authority in the amount of $37,185.00 (10%) to cover potential costs associated with unanticipated or additional items of work.

 

L.

Consideration of Grant Agreement:  Additional DUI enforcement activities.

 

 

RECOMMENDED ACTION:

Approve the grant agreement with the Oversight Council on Driving or Operating Under the Influence Abatement and authorize acceptance of the $26,000.00 in grant funds upon receipt.

 

M.

Consideration of Street Closures:  2008 Route 66 Days festival.

 

 

RECOMMENDED ACTION:

Approve the street closures of Aspen and Birch Avenues on Saturday, September 6, 2008.

 

Councilmember Haughey moved to approve the Consent Agenda, with the exception of Item 7E.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

Returning to Item 7E, Councilmember White moved to approve the recommended action.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

 

Recess and Convening into Floodplain Board Meeting

 

At 6:18 p.m., Mayor Donaldson called for a recess then proceeded to call to order a meeting of the Floodplain Board.

 

Reconvene into Council Meeting

 

The City Council Meeting reconvened at 6:24 p.m.

 

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

 

A.

Consideration of Public Hearing:  Amendments to Chapters 10-02 (Establishment of Zoning Districts), 10-03 (Use Regulations) 10-04 (District Performance Standards and Capacity Analysis) 10-08 (Signs and Lighting) 10-09 (Administration), 10-10 (Procedures) 10-14 (Definitions) and 10-15 (Historic Preservation) of the Land Development Code.

 

 

RECOMMENDED ACTION:

(1)

Open the public hearing.

 

 

(2)

Receive citizen input.

 

 

(3)

Close the public hearing.

 

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

 

Roger Eastman, Zoning Code Administrator, explained that the proposed code amendments are based on the legal department’s review of the code, and ensure consistency with case law and the Arizona Revised Statues.

 

John McCulloch, Flagstaff business owner, asked for clarification on the definition of a state of nudity, as defined in Title 10, Chapter 14 of the Land Development Code.  Senior Assistant City Attorney Dana Kjellgren provided the requested amplification.

 

Councilmember White moved to close the public hearing.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.

 

B.

Consideration of Resolution No. 2008-02:  A resolution designating the document known as the “Amendments to Chapters 10-02 (Establishment of Zoning Districts), 10-03 (Use Regulations) 10-04 (District Performance Standards and Capacity Analysis) 10-08 (Signs and Lighting) 10-09 (Administration), 10-10 (Procedures) 10-14 (Definitions) and 10-15 (Historic Preservation) of the Land Development Code” as a public record.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-02 by title only.

Adopt Resolution No. 2008-02.

 

Councilmember White moved to read Resolution No. 2008-02 by title only, seconded by Councilmember Cooper.

 

Responding to questions from Councilmember Swanson at the previous night’s Work Session regarding the possible impact of the amendments on existing incentives for providing affordable housing, Mark Sawyers, Development Case Manager, introduced a slide which outlined residential performance standards in detail.  He noted that the amendments do not affect the planned affordable option in the code.

 

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

 

 

Resolution No. 2008-02

 

 

 

A resolution designating the document known as the “Amendments to Chapters 10-02 (Establishment of Zoning Districts), 10-03 (Use Regulations) 10-04 (District Performance Standards and Capacity Analysis) 10-08 (Signs and Lighting) 10-09 (Administration), 10-10 (Procedures) 10-14 (Definitions) and 10-15 (Historic Preservation) of the Land Development Code” as a public record.

 

 

Councilmember Cooper moved to adopt Resolution No. 2008-02, seconded by Vice-Mayor Overton.  The vote was unanimous in favor.

 

C.

Consideration of Ordinance No. 2008-03:  An ordinance adopting that certain document entitled “Amendments to Chapters 10-02 (Establishment of Zoning Districts), 10-03 (Use Regulations) 10-04 (District Performance Standards and Capacity Analysis) 10-08 (Signs and Lighting) 10-09 (Administration), 10-10 (Procedures) 10-14 (Definitions) and 10-15 (Historic Preservation) of the Land Development Code”, previously declared in Resolution 2008-02 to be a public record, and thereby amending Title 10, “Land Development Code” of the City Code of the City of Flagstaff by amending Chapters 10-02 (Establishment of Zoning Districts), 10-03 (Use Regulations) 10-04 (District Performance Standards and Capacity Analysis) 10-08 (Signs and Lighting) 10-09 (Administration), 10-10 (Procedures) 10-14 (Definitions) and 10-15 (Historic Preservation).

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-03 for the first time by title only.

 

Vice-Mayor Overton moved to read Ordinance No. 2008-03.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2008-03

 

 

 

An ordinance adopting that certain document entitled “Amendments to Chapters 10-02 (Establishment of Zoning Districts), 10-03 (Use Regulations) 10-04 (District Performance Standards and Capacity Analysis) 10-08 (Signs and Lighting) 10-09 (Administration), 10-10 (Procedures) 10-14 (Definitions) and 10-15 (Historic Preservation) of the Land Development Code”, previously declared in Resolution 2008-02 to be a public record, and thereby amending Title 10, “Land Development Code” of the City Code of the City of Flagstaff by amending Chapters 10-02 (Establishment of Zoning Districts), 10-03 (Use Regulations) 10-04 (District Performance Standards and Capacity Analysis) 10-08 (Signs and Lighting) 10-09 (Administration), 10-10 (Procedures) 10-14 (Definitions) and 10-15 (Historic Preservation).

 

 

D.

Consideration of Resolution No. 2008-03:  A resolution designating the document known as the “Amendments to Title 3, Chapter 8 of the Flagstaff City Code regarding the Regulation of Adult Oriented Businesses” as a public record.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-03 by title only.

Adopt Resolution No. 2008-03.

 

Councilmember Haughey moved to read Resolution No. 2008-03 by title only, seconded by Councilmember Cooper.

 

Dana Kjellgren, Senior Assistant City Attorney, reviewed the need for the amendments and delivered to the recording clerk a CD which contains 24 studies from various municipalities documenting the negative secondary effects from the operation of adult oriented businesses, including crime, increased criminality and blight in areas surrounding these businesses.  The City Clerk will retain the CD as part of the public record.

 

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

 

 

Resolution No. 2008-03

 

 

 

A resolution designating the document known as the “Amendments to Title 3, Chapter 8 of the Flagstaff City Code regarding the Regulation of Adult Oriented Businesses” as a public record.

 

 

Councilmember Haughey moved to adopt Resolution No. 2008-03.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

E.

Consideration of Ordinance No. 2008-04:  An ordinance adopting that certain document entitled “Amendments to Title 3, Chapter 8 of the Flagstaff City Code regarding the Regulation of Adult Oriented Businesses”.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-04 for the first time by title only.

 

Councilmember Cooper moved to read Ordinance No. 2008-04 for the first time by title only, seconded by Vice-Mayor Overton.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2008-04

 

 

 

An ordinance adopting that certain document entitled “Amendments to Title 3, Chapter 8 of the Flagstaff City Code regarding the Regulation of Adult Oriented Businesses”.

 

 

7.      REGULAR AGENDA

 

A.

Consideration of Lease:  216 W. Phoenix Avenue.

 

 

RECOMMENDED ACTION:

Approve the lease with Flagstaff Shelter Services, Inc., on the condition that a conditional use Permit is issued for the premises and a floodplain variance approve.

 

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

 

The following individuals spoke in favor of approving the lease:

 

 

Jan Wantland, Flagstaff Shelter Services Board Member

 

Wendy White, Flagstaff Shelter Services Executive Director

 

Michael Van Ness, Catholic Social Services

 

Joshua Kaplan, occasional client of the shelter

 

Each speaker encouraged the Council to approve the lease, and communicated the urgent need for a permanent shelter in Flagstaff.

 

Councilmember Haughey moved to amend the motion by indicating on the lease that the annual base rent will be $1.00, and the security deposit will be zero.  The motion to amend was seconded by Councilmember White and passed on unanimous vote.

 

The motion to approve the recommended action passed on unanimous vote.

 

B.

Consideration of Reallocation of Funds:  Homeless services.

 

 

RECOMMENDED ACTION:

Amend prior Council action to allow the previously allocated $20,000.00 to be distributed in an amount not to exceed $7,000.00 per month for either rent and/or vouchers.

 

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

 

C.

Consideration of Applicants for Appointments:  Industrial Development Authority.  [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).  The names of the applicants may be obtained by contacting the City Clerk.]

 

 

RECOMMENDED ACTION:

Make one appointment to a term expiring April, 2012 and one appointment to a term expiring April, 2008.

 

Mayor Donaldson moved to appoint Bill Calloway to a term expiring April, 2012, seconded by Councilmember Swanson.  The motion passed on unanimous vote.

 

D.

Consideration of Applicants for Appointments:  Airport Commission.  [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).  The names of the applicants may be obtained by contacting the City Clerk.]

 

 

RECOMMENDED ACTION:

Make two appointments to terms expiring in October, 2010.

 

Councilmember Haughey moved to appoint Nick Kraft and Matthew Evans to terms expiring October, 2010, seconded by Councilmember Kelty.  The vote was unanimous in favor.

 

E.

Consideration of Applicants for Appointments:  Public Safety Personnel Retirement System Board.  [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).  The names of the applicants may be obtained by contacting the City Clerk.]

 

 

RECOMMENDED ACTION:

Make one appointment to a citizen term expiring in January, 2012.

 

Mayor Donaldson moved to appoint David VanBoxtaele to a citizen term expiring January 2012.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

F.

Consideration of Amendments to Fee Schedule:  Parks and Recreation user fee schedule.

 

 

RECOMMENDED ACTION:

The Parks and Recreation Commission recommends the fee changes as attached to the staff summary report.

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

 

G.

Consideration of Construction Contract:  Water source development project.

 

 

RECOMMENDED ACTION:

Approve the construction contract with Advanced Drilling Technologies in the amount of $2,597,848.00, with a contract time of 300 calendar days (150 days per well) and a contract allowance of $100,000.00 for unanticipated additional work.

 

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

 

H.

Consideration of Collateral Assignment: Butler & Lone Tree, L.L.C. Development Incentive Agreement.

 

 

RECOMMENDED ACTION:

Approve the assignment in favor of Lehman Brothers Holdings.

 

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

 

I.

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 final time by title only.

Adopt Ordinance No. 2007-48.

 

Councilmember White moved to read Ordinance No. 2007-48 for the final time by title only, seconded by Councilmember Kelty.

 

Vice-Mayor Overton made the following motion:

 

 

“Have R-38 be the majority or bulk of the center of the project, the perimeter be surrounded by R-30, but not to have any framing modifications, similar to the way we are now, accepting that there’s some compression at the edges.” 

 

 

Councilmember Kelty seconded the motion, which passed on unanimous vote.

 

During discussion, Councilmembers asked that the Energy Conservation Code be brought back to the Council for discussion on an annual basis, and that staff keep the Council apprised of any State bills dealing with the International Energy Conservation Code - specifically bills that move or stall in the legislature.

 

Tom Broderick, Flagstaff resident, expressed disappointment that the Council is prepared to take action that is well short of the mainstream on energy conservation measures, and would like to see the Council take a stronger leadership position as it has done on several occasions in the past.

The motion 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.

 

 

Councilmember Kelty moved to adopt Ordinance No. 2007-48, 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. 

 

J.

Consideration of Ordinance No. 2008-05:  An ordinance repealing Ordinance No. 2007-50 and levying sales tax subject to the approval by a majority of 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, new Mountain Line bus service, and increased frequency on transit routes; and declaring an emergency.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-05 for the first time by title only.

Read Ordinance No. 2008-05 for the final time by title only.

Adopt Ordinance No. 2008-05.

 

Councilmember Cooper moved to read Ordinance No. 2008-05 for the first time by title only, seconded by Councilmember White.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2008-05

 

 

 

An ordinance repealing Ordinance No. 2007-50 and levying sales tax subject to the approval by a majority of 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, new Mountain Line bus service, and increased frequency on transit routes; and declaring an emergency.

 

 

Councilmember Haughey moved to read Ordinance No. 2008-05 for the final time by title only, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

 

Following the reading of Ordinance No. 2008-05 for the final time by title only, Councilmember Cooper moved to adopt Ordinance No. 2008-05.  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 7:26 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 15, 2008.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 6th day of February, 2008.

 

 

 

 

                                                                        

CITY CLERK