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Agenda for City Council Meeting - FINAL

FINAL AGENDA
*A M E N D E D

 
REGULAR COUNCIL MEETING
TUESDAY
NOVEMBER 19, 2013
  COUNCIL CHAMBERS
211 WEST ASPEN AVENUE
4:00 P.M. AND 6:00 P.M.

 
*ALL ITEMS ON THE 4:00 P.M. PORTION OF THE MEETING HAVE BEEN MOVED TO THE 6:00 P.M. PORTION. THE REGULAR MEETING OF THE FLAGSTAFF CITY COUNCIL OF NOVEMBER 19, 2013, WILL BEGIN AT 6:00 P.M.


4:00 P.M
. MEETING

 
Individual Items on the 4:00 p.m. meeting agenda may be postponed to the 6:00 p.m. meeting.
1.
CALL TO ORDER
 
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).
 
2.
ROLL CALL

NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means.

MAYOR NABOURS
VICE MAYOR EVANS
COUNCILMEMBER BAROTZ
COUNCILMEMBER BREWSTER

COUNCILMEMBER ORAVITS
COUNCILMEMBER OVERTON
COUNCILMEMBER WOODSON
 
3.
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT

MISSION STATEMENT
 
  The mission of the City of Flagstaff is to protect and enhance the quality of life of its citizens.
 
4.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
 
A.
Consideration and Approval of Minutes: City Council Special Work Session of October 28, 2013; the Work Session of October 29, 2013; the Special Meeting (Executive Session) of October 29, 2013; the Special Meeting (Executive Session) of November 5, 2013; and the Special Meeting (Executive Session) of November 12, 2013 .  * MOVED TO THE 6:00 P.M. PORTION OF THE MEETING
 
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. 
 
6.
PROCLAMATIONS AND RECOGNITIONS

None
 
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).

None
 
8.
LIQUOR LICENSE PUBLIC HEARINGS

None
 
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.

None
 
10.
ROUTINE ITEMS
 
A.
Consideration and Approval of (A) Settlement Agreement; (B) Authorization for Litigation: (A) Vedura Elevation, LLC (Elevation); (B) Campus Crest at Flagstaff II, LLC (The Grove Phase I) and  FSL St. Francis Villas, LP (Flagstaff Senior Meadows)  *MOVED TO THE 6:00 P.M. PORTION OF THE MEETING
 
RECESS

6:00 P.M. MEETING

RECONVENE
 
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).
 
11.
ROLL CALL

NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means.

MAYOR NABOURS
VICE MAYOR EVANS
COUNCILMEMBER BAROTZ
COUNCILMEMBER BREWSTER

COUNCILMEMBER ORAVITS
COUNCILMEMBER OVERTON
COUNCILMEMBER WOODSON 
 
12.
PUBLIC PARTICIPATION
 
13.
CARRY OVER ITEMS FROM THE 4:00 P.M. AGENDA
 
A.
*Consideration and Approval of Minutes: City Council Special Work Session of October 28, 2013; the Work Session of October 29, 2013; the Special Meeting (Executive Session) of October 29, 2013; the Special Meeting (Executive Session) of November 5, 2013; and the Special Meeting (Executive Session) of November 12, 2013. *MOVED FROM THE 4:00 P.M. PORTION OF THE MEETING.
 
RECOMMENDED ACTION:
 
Amend/approve the minutes of the City Council Special Work Session of October 28, 2013; the Work Session of October 29, 2013; the Special Meeting (Executive Session) of October 29, 2013; the Special Meeting (Executive Session) of November 5, 2013; and the Special Meeting (Executive Session) of November 12, 2013.
 
B.
*Consideration and Approval of (A) Settlement Agreement; (B) Authorization for Litigation: (A) Vedura Elevation, LLC (Elevation); (B) Campus Crest at Flagstaff II, LLC (The Grove Phase I) and  FSL St. Francis Villas, LP (Flagstaff Senior Meadows)  *MOVED FROM THE 4:00 P.M. PORTION OF THE MEETING
 
RECOMMENDED ACTION:
 
(A) Approve Settlement Agreement with Vedura Elevation, LLC;
(B) Authorize litigation to collect outstanding balance of sewer capacity fees owed for the Grove Phase I and Flagstaff Senior Meadows.
 
14.
PUBLIC HEARING ITEMS
 
A.
Public Hearing: Consideration of a Major Amendment to the Flagstaff Regional Plan for Little America Hotels and Resorts, Inc.
 
RECOMMENDED ACTION:
 
Hold Public Hearing
 
15.
REGULAR AGENDA
 
A.
Consideration and Approval of Agreement:  Consideration of Amendment Two to the Fourth Amended and Restated Development Agreement and Waiver ("Amendment") between the City of Flagstaff and Flagstaff Aspen Place, LLC, and Alliance Bank of Arizona, for Aspen Place at the Sawmill Commercial Parcels.
 
RECOMMENDED ACTION:
 
    Approve the proposed Amendment to the Development Agreement between the City of Flagstaff and Flagstaff Aspen Place, LLC, and Alliance Bank of Arizona as recommended by city staff and authorize the Mayor to sign the agreement.
 
B.
Consideration and Approval of Contract: Third Amendment to Development Incentive Agreement between the City of Flagstaff, Aspen Place North, L.L.C. and Alliance Bank of Arizona.
 
RECOMMENDED ACTION:
 
    Approve the Third Amendment to Development Incentive Agreement between the City of Flagstaff, Aspen Place North, L.L.C. and Alliance Bank of Arizona
 
C.
Consideration and Adoption of Ordinance No. 2013-23: An ordinance amending the Flagstaff Zoning Map designation of approximately 3.15 acres of real property located at 601 East Piccadilly Drive from HC (Conditional), Highway Commercial Conditional, to HC (Conditional), Highway Commercial Conditional, by removing, modifying and replacing those conditions previously imposed (Aspen Place North).
 
RECOMMENDED ACTION:
 
1) Read Ordinance No. 2013-23 by title only for the final time
2) City Clerk reads Ordinance No. 2013-23 by title only for the final time (if approved above)
3) Adopt Ordinance No. 2013-23
 
D.
Consideration and Adoption of Resolution No. 2013-29:  A resolution approving a Pre-Annexation Agreement between the Grand Canyon Trust and the City of Flagstaff, Arizona, opening the opportunity for a connection to the City sewer system.
 
RECOMMENDED ACTION:
 
1) Read Resolution No. 2013-29 by title only
2) City Clerk reads Resolution No. 2013-29 by title only (if approved above)
3) Adopt Resolution No. 2013-29
 
16.
DISCUSSION ITEMS
 
A.
Discussion of Resolution No. 2013-30:  A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan to change the land use designation of approximately 4.02 acres of real property located at 600 West University Heights Drive from Parks and Recreation to High Density Residential (Changing Land Use Designation for Trailside Apartments). The Public Hearing for this item will be held on December 3, 2013.
 
RECOMMENDED ACTION:
 
Council discussion and public comment.
 
B.
Discussion of Ordinance No. 2013-24:  An ordinance amending the Flagstaff Zoning Map designation of approximately 4.02 acres of real property located at 600 West University Heights Drive from "SC", Suburban Commercial, to " HR", High Density Residential (Amending Zoning Map for Trailside Apartments). The Public Hearing for this item will be held on December 3, 2013.
 
RECOMMENDED ACTION:
 
Council discussion and public comment
At the December 3, 2013 Council Meeting:
1) Hold Public Hearing
2) Read Ordinance No. 2013-24 by title only for the first time
3) City Clerk reads Ordinance No. 2013-24 by title only for the first time (if approved above)
At the December 17, 2013 Council Meeting:
4)  Read Ordinance No. 2013-24 by title only for the final time
5) City Clerk reads Ordinance No. 2013-24 by title only for the final time (if approved above
6) Adopt Ordinance No. 2013-24
 
C.
Regional Plan: Council Policy 'Parking Lot' Pending Discussion Items
 
RECOMMENDED ACTION:
 
City Council will review the compiled Regional Plan Policy 'Parking Lot' and discuss process for pulling items from the parking lot into Council discussion, debate and direction at the December 6, 2013 Council Regional Plan retreat and other Council meetings as necessary.

Council will also take public comments, Planning and Zoning Commission recommendations and County Board of Supervisor recommendations into consideration during the Regional Plan parking lot discussions.
 
17.
POSSIBLE FUTURE AGENDA ITEMS

Verbal comments from the public on any item under this section must be given during Public Participation (#5) 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.
 
18.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS FOR FUTURE AGENDA ITEMS
 
19.
ADJOURNMENT
 
CERTIFICATE OF POSTING OF NOTICE

The undersigned hereby certifies that a copy of the foregoing notice was duly posted at Flagstaff City Hall on ______________________ , at _________ a.m./p.m. in accordance with the statement filed by the City Council with the City Clerk.

Dated this _____ day of _________________, 2013.




____________________________________
Elizabeth A. Burke, MMC, City Clerk