MINUTES
4:00 P.M. |
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1. |
CALL TO ORDER
Mayor Nabours called the meeting to order at 4:02 p.m.
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).
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2. | ROLL CALL
Others present: Interim City Manager Jeff Meilbeck and City Attorney Michelle D'Andrea |
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3. |
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
The audience and City Council recited the Pledge of Allegiance and Mayor Nabours read the Mission Statement of the City. MISSION STATEMENT The mission of the City of Flagstaff is to protect and enhance the quality of life of its citizens. |
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4. | APPROVAL OF MINUTES FROM PREVIOUS MEETINGS | ||||||||||
A. | Consideration and Approval of Minutes: City Council Work Session of January 13, 2015; Special Meeting (Executive Session) of January 27, 2015; Work Session of January 27, 2015; Regular Meeting of February 17, 2015; Special Meeting (Executive Session) of February 17, 2015; and the Special Meeting (Executive Session) of February 24, 2015. | ||||||||||
Moved by Councilmember Scott Overton, seconded by Councilmember Jeff Oravits to approve the minutes of the City Council Work Session of January 13, 2015; Special Meeting (Executive Session) of January 27, 2015; Work Session of January 27, 2015; Regular Meeting of February 17, 2015; Special Meeting (Executive Session) of February 17, 2015; and the Special Meeting (Executive Session) of February 24, 2015. | |||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||
5. | PUBLIC PARTICIPATION Public Participation enables the public to address the Council about an item that is not on the agenda (or is listed under Possible Future Agenda Items). Comments relating to items that are on the agenda will be taken at the time that the item is discussed. If you wish to address the Council at tonight's meeting, please complete a comment card and submit it to the recording clerk as soon as possible. Your name will be called when it is your turn to speak. You may address the Council up to three times throughout the meeting, including comments made during Public Participation. Please limit your remarks to three minutes per item to allow everyone an opportunity to speak. At the discretion of the Chair, ten or more persons present at the meeting and wishing to speak may appoint a representative who may have no more than fifteen minutes to speak. None |
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6. |
PROCLAMATIONS AND RECOGNITIONS |
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7. | APPOINTMENTS Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1). |
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A. | Consideration of Appointments: Heritage Preservation Commission. | ||||||||||
Moved by Councilmember Karla Brewster, seconded by Councilmember Jeff Oravits to appoint Lynne Corbin to the Heritage Preservation Commission as an At-Large member, with a term expiring December 2016. | |||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||
8. | LIQUOR LICENSE PUBLIC HEARINGS | |||||||
A. |
Consideration and Action on Liquor License Application: Pamela Hentschel, “Flagstaff General Store", 5270 N. Hwy. 89, Series 10 (beer and wine store), New License.
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Mayor Nabours opened the Public Hearing. There being no public input, he then closed the Public Hearing. |
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Moved by Councilmember Jeff Oravits, seconded by Councilmember Scott Overton to forward a recommendation of approval to the State. | ||||||||
Vote: 7 - 0 - Unanimously | ||||||||
9. | CONSENT ITEMS
All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items. |
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A. | Consideration and Approval of Contract: Lake Mary Well #2 Waterline Replacement.. | |||||||
Moved by Councilmember Jeff Oravits, seconded by Councilmember Karla Brewster to approve the construction contract with McDonald Bros Construction in the amount of $417,448 (includes a $24,000 contract allowance) and a contract time of 122 calendar days;approve Change Order Authority to the City Manager in the amount of $17,000 (10% of the contract amount, less allowance); and authorize the City Manager to execute the necessary documents. | ||||||||
Vote: 7 - 0 - Unanimously | ||||||||
10. | ROUTINE ITEMS | |||||||
A. | Consideration and Approval of Contract: Construction Manager at Risk Construction Contract for Street Maintenance Program 2015 (Approve agreement with C and E Paving and Grading, LLC). | |||||||
Capital Improvements Engineer Bret Peterson gave a PowerPoint presentation in review of this item, noting that he was speaking on behalf of the entire team.
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Moved by Councilmember Scott Overton, seconded by Councilmember Jeff Oravits to approve the Construction Manager at Risk Construction Contract with C and E Paving and Grading, LLC in an amount not to exceed $3,424,179.29 for Guaranteed Maximum Price (GMP) #1 (Overlay projects and annual airport crack seal), and an amount not to exceed $2,779,486.39 GMP #2 (Chip Seal projects); authorize Change Order Authority of 5% each for GMP #1 in the amount of $ 171,208.97, and for GMP #2 in the amount of $ 138,974.32 to cover potential costs associated with unanticipated or additional items of work; and authorize the City Manager to execute the necessary documents. | ||||||||
Vote: 7 - 0 - Unanimously | ||||||||
B. | Consideration and Approval of Contract: Consideration of authorizing the acceptance of revisions to the IGA with Coconino Community College (CCC) for resource sharing (Approve IGA with CCC for sharing resources) . | ||||||||||
Fire Chief Mark Gaillard said that this allows for more flexibility and saves money with respect to how they administer the sharing of resources between the City and Coconino Community College (CCC). Additionally, CCC applied for a grant and they are in support of their Firefighting Training Program. If awarded, the grant will provide a nice piece of equipment, breathing apparatus, which will be available in the region for emergency responses. He said that Dr. Monica Baker from CCC was present if they had any questions. Mayor Nabours said that it was an admirable program that has been going on for several years with great success. Councilmember Brewster asked Dr. Baker how many students were involved in the program. Dr. Baker said that currently they are training 20-22 students in Firefighting I and II. As far as majors, they usually graduate about eight a year with an AAS degree which provides a nice hiring pool for the region. She added that they were the only agency around Flagstaff that provides this training, as well as emergency medical services training. |
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Moved by Councilmember Karla Brewster, seconded by Councilmember Eva Putzova to approve the IGA and authorize the Mayor to sign the IGA on behalf of the City of Flagstaff. | |||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||
C. | Consideration and Adoption of Ordinance No. 2015-01: An ordinance of the Mayor and Council of the City of Flagstaff, Arizona amending Title 10 Section 20 of the City Code regarding Subdivision Assurances. | ||||||||||
Moved by Councilmember Karla Brewster, seconded by Councilmember Eva Putzova to read Ordinance No. 2015-01 by title only for the final time. | |||||||||||
Vote: 5 - 2 | |||||||||||
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Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to adopt Ordinance No. 2015-01. | |||||||||||
Vote: 5 - 2 | |||||||||||
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D. | Consideration and Approval of Agreement: Intergovernmental Agreement between City of Flagstaff and Coconino County for election services for the May 19, 2015, Special Election. | ||||||||||
Moved by Councilmember Eva Putzova, seconded by Councilmember Karla Brewster to approve the Intergovernmental Agreement between the City of Flagstaff and Coconino County for election services for the May 19, 2015, Special Election. | |||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||
E. | Consideration and Adoption of Resolution No. 2015-05: A resolution abandoning the Emergency Access Easement on Lot A of the Final Plat of the Marketplace/Flagstaff Auto Park and authorizing the Mayor to execute any necessary documents. | ||||||||||
Assistant to the City Manager for Real Estate David McIntire said that the easement crosses Tract A of the plat connecting Railhead Avenue with Marketplace Drive. It was originally required to provide a fire station located on Railhead Avenue with access to Marketplace Drive in order to ensure appropriate response times during the development of the area. Staff historical research has indicated that the easement was originally intended to be temporary, however the language on the plat does not provide for automatic abandonment and there has been no legal documentation of that fact. The fire station has since been sold and is no longer in public service. According to the Flagstaff Fire Department there is no further need for the easement and they are supportive of its abandonment through the required process. The easement is currently improved and is being used by private parties as a through road which is not generally an allowed use for an Emergency Access Easement. |
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Moved by Mayor Jerry Nabours, seconded by Councilmember Scott Overton to read Resolution No. 2015-05 by title only. | |||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||
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Moved by Mayor Jerry Nabours, seconded by Councilmember Scott Overton to adopt Resolution No. 2015-05. | |||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||
F. | Consideration and Adoption of Resolution No. 2015-06: A resolution abandoning the 1' No Access Easement on Lot 13 of the Falcon Ridge Subdivisionas shown on Sheet 2 of the Final Plat and authorizing the Mayor to execute any necessary documents. | ||||||||||
Mr. McIntire said that this easement is located along the border of the parcel which fronts Sparrow Avenue. Discussions with City of Flagstaff Traffic and Development Engineers and discussion with the City of Flagstaff Property and Development Team concluded that there is no apparent and compelling reason to maintain the easement. The plat does not make it clear who the intended beneficiary was nor what the intended benefit was. This type of easement is usually used to protect an urban trail or prevent access to a road where it would be inappropriate. In this case neither situation is relevant. Letters were sent to all owners within 300’ of the easement and signs posted on the property announced the Planning and Zoning meeting where this item was considered. In addition an advertisement was printed in the Arizona Daily Sun. There was one response received via telephone from the owner of a nearby property supporting the abandonment and no concerns expressed from staff. Mayor Nabours asked if this was requested by Lot 13. Mr. McIntire replied that it was; he was hoping to put in an attached garage with access but this impeded his ability to do so. Additionally, Community Development had no problems with the request. |
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Moved by Councilmember Scott Overton, seconded by Councilmember Jeff Oravits to read Resolution No. 2015-06 by title only. | |||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||
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Moved by Councilmember Jeff Oravits, seconded by Councilmember Karla Brewster to adopt Resolution No. 2015-06. | |||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||
RECESS Mayor Nabours recessed the 4:00 p.m. portion of the meeting of March 3, 2015, at 4:42 p.m.
6:00 P.M.
RECONVENE
Mayor Nabours reconvened the meeting of March 3, 2015, at 6:02 p.m. |
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NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).
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11. | ROLL CALL
Others present: Interim City Manager Jeff Meilbeck and City Attorney Michelle D'Andrea. |
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12. | PUBLIC PARTICIPATION | ||||||||||
The following individuals address the Council:
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13. |
CARRY OVER ITEMS FROM THE 4:00 P.M. AGENDA |
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14. | PUBLIC HEARING ITEMS None |
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15. | REGULAR AGENDA | ||||||||||
A. | Consideration and Adoption of Resolution No. 2015-02: A resolution of the Mayor and Council of the City of Flagstaff, Arizona adopting the Community Reinvestment Plan (Community Reinvestment Plan) | ||||||||||
Community Design and Redevelopment Manager Karl Eberhard said that previously the Council had two comments. One was to put back in the earlier annotations and the other was to delete the empty building tax. What was before the Council did those two things. Mr. Eberhard said that once this resolution was adopted it would become a policy of the City, but staff would still have to do a lot of follow-up steps, and would come back one at a time with specific actions to be considered at a future time. Mayor Nabours said that staff has captured the Council's thinking from prior meetings well and he liked the way he set it out. He said that he had no issues with the content, but had a couple of legal questions. He said that it occurred to him that the narrative, which he appreciates, should be in a separate document from the resolution. He said that an example was in #2 which states the Council will adopt zoning changes. He said that perhaps they need to say "consider and may adopt" to provide less restrictive language. Ms. D'Andrea said that it would make sense. She said that when she looks at the language in the policy it indicates that there is going to be possible implementation strategies, with further evaluation. But, when they look at the objectives it reads, "will change regulatory requirements..." which could be seen as tying the Council's hands. She said that some change in the language would be acceptable. She said that if Council was interested in making those kind of changes, her office would be happy to work with staff to make them. Councilmember Evans said that when they look at the document, one of her fears is if they weaken the wording they would weaken the intent. She was concerned with how staff would consider that. She said that in looking at other documents of the City, when they have gone from mandatory to suggestive, the suggestions sometimes stay on the shelf. Ms. D'Andrea said that Council could adopt this as it is now, but she wants them to understand that they are binding themselves to doing things that are not yet spelled out. She said there are mechanisms available to show they want to consider it without binding themselves. Mr. Eberhard said that if Council's direction was to look at a lower level of commitment, it would be best to allow staff to go back and wordsmith it, and bring it back at a later date. Mayor Nabours said that he likes the provisions that allow the engineer to waive small items, and the Community Development Director. He likes those kind of things and does not want to lose them; and he wants to keep it moving forward. Mr. Eberhard recapped that there was consensus with the intent of the document and they were supportive of him meeting with Legal and do some wordsmithing, and bring it back for future action within the next four to six weeks. |
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Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to postpone action on this item to future date to be set by the City Manager. | |||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||
B. | Consideration and Approval of Preliminary Plat PPPL2014-0006: Request for Preliminary Plat approval from Evergreen-Trax, LLC, for the subdivision of approximately 27.2 acres into 18 lots. The proposed commercial development, known as The Trax, is located at the southwest and southeast corners of Route 66 and Fourth Street within the Highway Commercial (HC) zone (conditional). (Subdivision of 27.2 acres into 18 lots located at the southwest and southeast corners of Route 66 and Fourth Street). | ||||||||||
Planning Development Manager Elaine Averitt reviewed the preliminary plat for the TRAX development, providing a PowerPoint presentation which addressed:
She said that Evergreen's civil engineering group is working to respond to and incorporate the three conditions of the Planning and Zoning Commission into their public improvement plans. She said that Amy Hagin with FMPO Engineering staff was available to assist with any engineering questions. |
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Moved by Councilmember Scott Overton, seconded by Councilmember Jeff Oravits to approve the Preliminary Plat as recommended by the Planning and Zoning Commission [with the following conditions: 1) All new street lights that are required to be constructed on Route 66 between Arrowhead and 4th St, shall be constructed along with Unit 1; 2) Show the existing streetlight on 4th street that is adjacent to Unit 23) The extension of the dual left turn lane on Huntington requires widening of the eastbound side of the road in order to accommodate the added storage, gap, and relocated taper. This must be constructed prior to the development of the Parcel on the northwest corner of Huntington and 4th St. or before construction permits for the last parcel in Unit 1 (which ever comes first). In the interim, the added storage of the dual left turn lane may be achieved by restriping the existing turn and travel lanes. Staff will work with the engineer during development of the public improvement plans for Unit 1 to design an acceptable striping plan]. | |||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||
16. | DISCUSSION ITEMS None |
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17. | POSSIBLE FUTURE AGENDA ITEMS Verbal comments from the public on any item under this section must be given during Public Participation near the beginning of the meeting. Written comments may be submitted to the City Clerk. After discussion and upon agreement of three members of the Council, an item will be moved to a regularly-scheduled Council meeting. |
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A. | Possible Future Agenda Item: Request by Councilmember Putzova to place the consideration of a Council Resolution pertaining to DACA (Deferred Action for Childhood Arrivals) on a future agenda. | ||||||||||
Councilmember Putzova said that she hoped to have support to move this onto a regular agenda. Councilmember Evans said that she supported the resolution and urged the rest of them to move it forward. Councilmember Brewster said that she thinks that what needs to be done needs to be done through the state legislature. She does not feel that adopting this resolution will have any impact. Councilmember Evans said that she did not disagree that in the end it is up to the Board of Regents, but this is an issue that is longstanding. They have a university looking at cuts and this is one way to get more students. Vice Mayor Barotz said that she supported moving this forward as well. Mayor Nabours said that it appeared that they had three members of the Council in support and it would move forward. Councilmember Putzova said that it was her understanding that this would need to be brought back to a special meeting to meet the time constraints, and they agreed it would be up to the City Manager to get it on a Special Meeting agenda. |
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B. | Possible Future Agenda Item: Request by Councilmember Evans to place the consideration of a Council Resolution opposing the approval by USFS of an easement to Tusayan on a future agenda. | ||||||||||
Councilmember Evans said that she was looking for three members interested in moving this forward to next week's Special Meeting agenda. Vice Mayor Barotz and Councilmember Oravits said they supported moving it forward. Mayor Nabours said that they would need more information on this. |
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C. | Possible Future Agenda Item: Request by Councilmember Oravits to place the consideration of a Police Department Roundtable on staffing needs and possible solutions on a future agenda. | ||||||||||
Councilmember Oravits said that he would like to have a roundtable to consider ways to improve the retention rate at the Flagstaff Police Department. Councilmember Putzova asked if they would have further discussion about personnel in the context of the budget. It seemed like this was a budget issue. Councilmember Oravits said that the budget is part of the short-term solution, but his request is looking out to the next three to five years. Councilmember Brewster said that she thought it was something to be looked at and addressed in the purview of the employees overall, but she would be supportive of a roundtable. Councilmember Evans asked if it would include discussion on dispatch as well and what he meant by roundtable. Councilmember Oravits said that he would like to include dispatch. He said that by "roundtable" he would like to sit at the back table and have the Council and Police Chief, and others to be determined by the City Manager, to discuss the issue in depth. Councilmember Evans said that she was fine, but one thing she would be interested in is what other departments are doing to address retention. Mr. Meilbeck said that Chief Treadway has put together a CCR on this issue and generally the budget discussion is the opportunity to open up some of these issues. He would like to get back with the Chief and the budget team to see if a work session is the best way to address this. Councilmember Oravits said that he would like it separate to give it the focus, as they have done with other things in the past. Vice Mayor Barotz said that if they are having the meeting at the back table, she would ask that they be seated in a manner that their backs are not to the public. Mayor Nabour said that when they are at the table it is a more informal setting and allows for a smoother give and take dialogue. Councilmember Oravits said that he wants the public there and wants to hear from them as well. Mr. Meilbeck said that he heard that they wanted a less formal setting, for problem solving purposes, separate from the budget, at which they could engage staff and the public. He would get with staff and get something scheduled. |
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18. | INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS FOR FUTURE AGENDA ITEMS | ||||||
Councilmember Oravits reported that they had a good, quick trip to Washington D.C. on which they would report more later. Councilmember Evans said that she recently sat down with NAU President Cheng where they discussed the potential budget impacts they are facing. She said that NAU's economic impact is $1.8 billion annually and they are looking at a $15 million cut. She would propose a resolution from Council in support of the economic benefits of the university and President Cheng said she would be glad to come to a future meeting to discuss their impact. Mr. Meilbeck said that he would add this topic as a Possible Future Agenda Item. Councilmember Oravits added that he was recently talking with Utilities Director Brad Hill who told him that Lake Mary filled up to almost 60% this past weekend. Mayor Nabours asked for a Possible Future Agenda Item to review the number of bars and liquor licenses in the downtown area and the legalities of when they might consider not recommending approval. He would like to have that discussion before they are considering any specific request. Vice Mayor Barotz said that if the legislation being considered statewide to allow concealed weapons in public buildings, they should include funding in the budget to provide the necessary equipment to protect themselves. |
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19. | ADJOURNMENT | ||||||
The Regular Meeting of the Flagstaff City Council held March 3, 2015, adjourned at 6:54 p.m. |
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CERTIFICATION
I, ELIZABETH A. BURKE, 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 March 3, 2015. I further certify that the Meeting was duly called and held and that a quorum was present.
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