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NOTE:
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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.
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SUMMARIZED MINUTES
COUNCIL MEETING
January 15, 2008
6:00 p.m.
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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.
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CALL TO ORDER
The Meeting was called to order
by Mayor Donaldson.
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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.
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2. ROLL CALL
On roll call, the following
were present:
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Mayor Donaldson
Vice-Mayor Overton
Councilmember Cooper
Councilmember Haughey
Councilmember Kelty
Councilmember Swanson
Councilmember White
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Also present were:
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City Manager, Kevin Burke
City Attorney, Patricia
Boomsma
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3. MINUTES
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A.
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Consideration of Minutes: Regular Council Meeting of December 18, 2007.
RECOMMENDED ACTION: Approve
the Minutes as submitted/corrected.
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Councilmember Haughey moved to
approve the Minutes as submitted, seconded by Vice-Mayor Overton. The motion
passed on unanimous vote.
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4. PUBLIC
PARTICIPATION
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None.
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5. CONSENT AGENDA
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A.
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Consideration of Purchase under State
Contract:
Rodding machine truck.
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RECOMMENDED ACTION:
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Approve the purchase from Five Star Ford in an amount not to exceed
$81,881.92, plus sales tax and freight.
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B.
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Consideration of Purchase under State Contract: Turf vacuum.
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RECOMMENDED ACTION:
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Approve the purchase under State Contract in the amount of $23,890.43,
plus applicable tax.
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C.
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Consideration of Purchase under State Contract: Work cubicles for the Community Development
Department.
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RECOMMENDED ACTION:
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Approve the purchase of nine (9) cubicles from Goodman’s in the amount
of $37,623,75, plus freight and tax.
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D.
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Consideration of Payment: Annual Clean Air Act compliance permit.
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RECOMMENDED ACTION:
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Approve payment to the Arizona Department of Environmental Quality in
the amount of $16,503.54.
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E.
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Consideration of Bids:
Used boom truck.
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RECOMMENDED ACTION:
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Approve the bid from United Rentals in the amount of $51,600.00, plus
applicable tax.
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F.
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Consideration of Bids:
Vacuum excavator system for the Utilities Department.
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RECOMMENDED ACTION:
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Approve the bid from Pacific Tek in the amount not to exceed
$29,500.00, plus applicable taxes.
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G.
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Consideration of Bids:
Solid grinder pumps for the Wildcat Hill and Rio de Flag treatment plants.
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RECOMMENDED ACTION:
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Reject the bids and re-bid the items at a later date.
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H.
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Consideration of Bids: Reclaimed water booster
station.
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RECOMMENDED ACTION:
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Approve the bid from Universal Pump and Control in the amount of
$248,697.00.
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I.
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Consideration of Bids: Installation of communication
cabling infrastructure for the Flagstaff Aquaplex.
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RECOMMENDED ACTION:
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Approve the bid from PCC Network Solutions in the amount of
$26,402.00, plus applicable tax.
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J.
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Consideration of Bids: Consulting, design, layout,
printing, and mailing of Cityscape.
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RECOMMENDED ACTION:
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(1)
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Reject all proposals received; and
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(2)
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Authorize use of Coconino County’s proposal with Derrsign,
Incorporated in an amount not to exceed $30,000.00 per issue.
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K.
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Consideration of Consulting Service Contract: Northeast
area master drainage study.
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RECOMMENDED ACTION:
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(1)
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Approve the contract with WLB Group in the amount of $371,854.00;
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(2)
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Authorize the City Manager to execute the necessary contract
documents; and
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(3)
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Authorize change order authority in the amount of $37,185.00 (10%) to
cover potential costs associated with unanticipated or additional items of
work.
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L.
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Consideration of Grant Agreement: Additional DUI enforcement activities.
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RECOMMENDED ACTION:
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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.
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M.
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Consideration of Street Closures: 2008 Route 66 Days festival.
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RECOMMENDED ACTION:
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Approve the street closures of Aspen and Birch Avenues on Saturday,
September 6, 2008.
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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.
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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.
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Recess and Convening into Floodplain Board Meeting
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At 6:18 p.m., Mayor Donaldson called for a recess then proceeded to
call to order a meeting of the Floodplain Board.
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Reconvene into Council Meeting
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The City Council Meeting reconvened at 6:24 p.m.
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6. PUBLIC HEARING ITEMS
(Public Hearing Items Will Not be Heard Prior to 6:00 p.m.)
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A.
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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.
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RECOMMENDED ACTION:
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(1)
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Open the public hearing.
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(2)
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Receive citizen input.
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(3)
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Close the public hearing.
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Councilmember Cooper moved to
open the public hearing, seconded by Councilmember White. The vote was
unanimous in favor.
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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.
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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.
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Councilmember White moved to
close the public hearing. The motion was seconded by Councilmember Kelty and
passed on unanimous vote.
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B.
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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.
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RECOMMENDED ACTION:
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Read Resolution No. 2008-02 by title only.
Adopt Resolution No. 2008-02.
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Councilmember White moved to
read Resolution No. 2008-02 by title only, seconded by Councilmember Cooper.
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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.
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The motion to read passed on
unanimous vote and title was read as follows:
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Resolution No. 2008-02
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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.
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Councilmember Cooper moved to
adopt Resolution No. 2008-02, seconded by Vice-Mayor Overton. The vote was
unanimous in favor.
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C.
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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).
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RECOMMENDED ACTION:
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Read Ordinance No. 2008-03 for the first time by title only.
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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:
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Ordinance No. 2008-03
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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).
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D.
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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.
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RECOMMENDED ACTION:
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Read Resolution No. 2008-03 by title only.
Adopt Resolution No. 2008-03.
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Councilmember Haughey moved to
read Resolution No. 2008-03 by title only, seconded by Councilmember Cooper.
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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.
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The motion passed on unanimous
vote and title was read as follows:
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Resolution No. 2008-03
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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.
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Councilmember Haughey moved to
adopt Resolution No. 2008-03. The motion was seconded by Councilmember White
and passed on unanimous vote.
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E.
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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”.
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RECOMMENDED ACTION:
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Read Ordinance No. 2008-04 for the first time by title only.
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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:
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Ordinance No. 2008-04
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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”.
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7. REGULAR AGENDA
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A.
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Consideration of Lease: 216 W. Phoenix Avenue.
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RECOMMENDED ACTION:
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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.
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Councilmember Haughey moved to
approve the recommended action, seconded by Councilmember White.
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The following individuals spoke
in favor of approving the lease:
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Jan Wantland, Flagstaff Shelter
Services Board Member
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Wendy White, Flagstaff Shelter
Services Executive Director
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Michael Van Ness, Catholic
Social Services
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Joshua Kaplan, occasional
client of the shelter
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Each speaker encouraged the
Council to approve the lease, and communicated the urgent need for a
permanent shelter in Flagstaff.
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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.
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The motion to approve the
recommended action passed on unanimous vote.
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B.
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Consideration of
Reallocation of Funds: Homeless services.
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RECOMMENDED ACTION:
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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.
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Councilmember White moved to
approve the recommended action. The motion was seconded by Councilmember
Kelty and passed on unanimous vote.
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C.
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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.]
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RECOMMENDED ACTION:
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Make one appointment to a term expiring April, 2012 and one
appointment to a term expiring April, 2008.
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Mayor Donaldson moved to
appoint Bill Calloway to a term expiring April, 2012, seconded by
Councilmember Swanson. The motion passed on unanimous vote.
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D.
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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.]
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RECOMMENDED ACTION:
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Make two appointments to terms expiring in October, 2010.
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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.
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E.
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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.]
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RECOMMENDED ACTION:
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Make one appointment to a citizen term expiring in January, 2012.
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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.
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F.
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Consideration of Amendments to Fee Schedule: Parks and Recreation user fee schedule.
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RECOMMENDED ACTION:
|
The Parks and Recreation Commission recommends the fee changes as attached
to the staff summary report.
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Councilmember White moved to
approve the recommended action, seconded by Councilmember Kelty. The motion
passed on unanimous vote.
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G.
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Consideration of Construction Contract: Water source development project.
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RECOMMENDED ACTION:
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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.
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Councilmember Haughey moved to
approve the recommended action, seconded by Vice-Mayor Overton. The vote was
unanimous in favor.
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H.
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Consideration of Collateral Assignment: Butler & Lone Tree, L.L.C. Development Incentive Agreement.
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RECOMMENDED ACTION:
|
Approve the assignment in favor of Lehman Brothers Holdings.
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Councilmember Cooper moved to approve the recommended action. The
motion was seconded by Vice-Mayor Overton and passed on unanimous vote.
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I.
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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.
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RECOMMENDED ACTION:
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Read Ordinance No. 2007-48 for the final time by title only.
Adopt Ordinance No. 2007-48.
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Councilmember White moved to read Ordinance No. 2007-48 for the final
time by title only, seconded by Councilmember Kelty.
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Vice-Mayor Overton made the following motion:
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“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.”
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Councilmember Kelty seconded the motion, which passed on unanimous
vote.
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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.
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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.
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The motion passed on majority
vote with Mayor Donaldson and Councilmembers Cooper, Haughey, Kelty, Swanson
and White in favor, and Vice-Mayor Overton opposed.
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Title was read as follows:
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Ordinance No. 2007-48
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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.
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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.
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J.
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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.
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RECOMMENDED ACTION:
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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.
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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:
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Ordinance No. 2008-05
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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.
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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.
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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.
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8. COUNCIL DISCUSSION ITEMS
(No items were submitted.)
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9. INFORMATIONAL
ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS
FOR FUTURE AGENDA ITEMS
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10. ADJOURNMENT
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There being no further business
to come before the Council, the Meeting was adjourned at 7:26 p.m.
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MAYOR
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ATTEST:
CITY CLERK
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CERTIFICATION
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STATE OF ARIZONA,
Coconino County.
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)
)
)
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ss.
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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.
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CITY CLERK
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