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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

 

March 18, 2008

6:00 p.m.

 

A Meeting of the Flagstaff City Council was held on March 18, 2008 convening at 6:02 p.m., in the Council Chambers at City Hall, 211 West Aspen Avenue, Flagstaff, Arizona.

 

CALL TO ORDER

 

The Meeting was called to order by Mayor Donaldson.

 

1.         PLEDGE OF ALLEGIANCE, READING OF THE MISSION STATEMENT, AND INVOCATION

 

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

 

2.         ROLL CALL

 

On roll call, the following were present:

 

 

Mayor Donaldson

 

Vice-Mayor Overton

Councilmember Cooper

Councilmember Haughey

Councilmember Kelty - Excused

Councilmember Swanson

Councilmember White

 

 

Also present were:

 

 

City Manager, Kevin Burke

Acting City Attorney, Harry Lane

 

3.         MINUTES

 

A.

Consideration of Minutes: Regular Council Meeting of February 5, 2008.

 

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

 

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

 

4.         PUBLIC PARTICIPATION

 

None.

 

5.         CONSENT AGENDA

 

A.

Consideration of Payment under the Alliance for the Second Century Intergovernmental Agreement:  Coconino County Community College chemistry lab upgrades.

 

 

RECOMMENDED ACTION:

The Incentive Committee recommends approving payment to the Coconino County Community College in the amount of $37,186.00.

 

B.

Consideration of Purchase under the Arizona Counter-Drug Procurement Program Intergovernmental Agreement:  Bomb suit for the Police Department.

 

 

RECOMMENDED ACTION:

Approve the purchase from the Arizona Counter-Drug Procedure Program in the amount of $19,026.00.

 

C.

Consideration of Confirming Payment:  Legal fees and costs.

 

 

RECOMMENDED ACTION:

Approve payment to Mangum, Wall, Stoops and Warden in the amount of $16,379.80.

 

D.

Consideration of Extension of Annual Bid:  Pest management services.

 

 

RECOMMENDED ACTION:

Approve the second, one-year extension to Conn Pest Control at the same terms and conditions as the original proposal, plus applicable tax and appropriate fees.

 

E.

Consideration of Bids:  Furnishing of two wastewater solids grinder pumps.

 

 

RECOMMENDED ACTION:

Approve the proposal from JWC Environmental in the total amount of $212,669.00.

 

F.

Considerations of Bids:  Pulliam Airport ticket counter and office space.

 

 

RECOMMENDED ACTION:

A recommendation will be provided at the March 18, 2008 City Council meeting.

 

G.

Consideration of Change Order No. 2:  Wildcat Hill filter rehabilitation project.

 

RECOMMENDED ACTION:

Approve Change Order No. 2 with Siemens Water Technology in the amount of $21,661.00 with a 60-day contract time extension.

 

H.

Consideration of Amendment No. 1 to Intergovernmental Agreement:  Coconino County Community Services housing stabilization program.

 

 

RECOMMENDED ACTION:

Approve Amendment No. 1 to the Intergovernmental Agreement.

 

Councilmember Haughey moved to approve the Consent Agenda.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

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

 

A.

Consideration of Liquor License Application:  Phuengboon Kraisorn “Pa-To Thai”, 100 N. San Francisco Street, No. 104, Series 12, New License.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

The City Council has the option to:

 

 

 

(1)

Forward the application to the State with a recommendation for approval;

 

 

(2)

Forward the application to the State with no recommendation; or

 

 

(3)

Forward the application to the State with a recommendation for denial based on the testimony received at the public hearing and/or other factors.

 

Vice-Mayor Overton moved to open the public hearing, seconded by Councilmember Swanson.  The motion passed on unanimous vote.

 

Applicant Phuengboon Kraisorn explained that he owned a Thai restaurant in California for five years and recently moved his business to Flagstaff.  He added that his manager has 30 years of experience in the restaurant business.

 

Sgt. Walter Miller, Flagstaff Police Department, conducted an investigation on the applicant and found no derogatory records, liquor violations or acts of violence.  Mr. Kraisorn has completed the required Arizona Department of Liquor License and Control training.  Sgt. Miller found no reason to oppose the application.

 

There being no further public input, Councilmember Swanson moved to close the public hearing.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

 

Councilmember White moved to forward the application to the State with a recommendation for approval, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

B.

Consideration of Liquor License Application:  Matthew Lowen “Tacos Locos”, 2 South Beaver Street, Suite 190, Series 12, New License.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

The City Council has the option to:

 

 

 

(1)

Forward the application to the State with a recommendation for approval;

 

 

 

(2)

Forward the application to the State with no recommendation; or

 

 

 

(3)

Forward the application to the State with a recommendation for denial based on the testimony received at the public hearing and/or other factors.

 

Councilmember Haughey moved to open the public hearing, seconded by Vice-Mayor Overton.  The motion passed on unanimous vote.

 

Matthew Lowen, the applicant, reported that he is opening a taco shop in the old Anderson building on South Beaver Street and would like to serve beer and margaritas.

 

Sgt. Walter Miller, Flagstaff Police Department, conducted an investigation on the applicant and found that in 2003 Mr. Lowen was involved in a criminal damage charge.  Since that time, the applicant has completed all the requirements imposed upon him by the courts and has completed the required Arizona Department of Liquor License and Control training.  Sgt. Miller found no reason to oppose the application.

 

There being no further citizen input, Councilmember White moved to close the public hearing, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

 

Councilmember White moved to forward the application to the State with a recommendation for approval, seconded by Councilmember Cooper.  The vote was unanimous in favor.

 

7.         REGULAR AGENDA

 

A.

Consideration of Applicants for Appointments:  Tourism 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 one appointment to a term expiring in January, 2011.

 

Councilmember White moved to appoint James “Scott” Thomson to a term expiring in January, 2011.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

 

B.

Consideration of Removal of Commissioners:  Youth Commission.  [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1)].

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, remove the two commissioners.

 

 

WITHDRAWN

 

C.

Consideration of Special Event Funding Requests:  Movies on the Square, Bike to Work Week, Pride in the Pines, Arizona State Envirothon, and Centennial Forest.

 

 

RECOMMENDED ACTION:

(1)

Approve funding to the Downtown Business Alliance in the amount of $5,000.00 for Movies on the Square;

 

 

 

(2)

Approve funding to the Flagstaff Biking Organization in the amount of $2,000.00 for Bike to Work Week;

 

 

 

(3)

Deny the funding request of Northern Arizona Pride Association in the amount of $5,000.00 for Pride in the Pines;

 

 

 

(4)

Deny the funding request of Arizona State Envirothon in the amount of $5,000.00 for Canon Envirothon; and

 

 

 

(5)

Deny the funding request of Northern Arizona University in the amount of $5,000.00 for Centennial Forest.

 

Vice-Mayor Overton moved to approve the recommended action, seconded by Councilmember Cooper.

 

Councilmember Swanson requested that Council consider funding the Arizona State Envirothon project from another source.  Other Councilmembers expressed support for the project, with one suggestion of using the Economic Incentive Fund.

 

The motion passed on unanimous vote.

 

D.

Consideration of Ordinance No. 2008-07:  An ordinance  extending and increasing the corporate limits of the City of Flagstaff, Coconino County, State of Arizona, pursuant to the provisions of Title 9, Chapter 4, Article 7, Arizona Revised Statutes and amendments thereto, by annexing certain land totaling approximately .96 acres at 4249 and 4265 North Mountain Meadow Drive, which land is contiguous to the existing corporate limits of the City of Flagstaff, and establishing city zoning for said land as ER (Estate Residential).

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-07 for the final time by title only.

Adopt Ordinance No. 2008-07.

 

Councilmember Cooper moved to read Ordinance No. 2008-07 for the final time by title only, seconded by Councilmember Swanson.

 

The motion failed on a tie roll-call vote as follows:

 

 

Mayor Donaldson

Aye

 

Vice-Mayor Overton

Nay

 

Councilmember Cooper

Aye

 

Councilmember Haughey

Nay

 

Councilmember Swanson

Aye

 

Councilmember White

Nay

 

E.

Consideration of Resolution No. 2008-19:  A resolution approving agreements for waiver of claims for diminution in value to real property resulting from a proposed rezoning applicable to property located at 4249 and 4265 North Mountain Meadow Drive in Flagstaff, Arizona.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-19 by title only.

Adopt Resolution No. 2008-19.

 

Councilmember Haughey moved to table the item, seconded by Councilmember White.  The vote was unanimous in favor.

 

F.

Consideration of Ordinance No. 2008-08:  An ordinance rezoning a total of approximately .96 acres at 4249 and 4265 North Mountain Meadow Drive, from ER (Estate Residential District) to UR (Urban Residential).

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-08 for the final time by title only.

Adopt Ordinance No. 2008-08.

 

Councilmember Cooper moved to table the item.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

 

G.

Consideration of Ordinance No. 2008-09:  An ordinance of the City council of the City of Flagstaff, Arizona establishing the Landmarks Design Review Overlay Zoning district and adopting by reference the Landmarks Design Review Overly District Design Standards and Guidelines.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-09 for the final time by title only.

Adopt Ordinance No. 2008-09.

 

Councilmember White moved to read Ordinance No. 2008-09 for the final time by title only.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2008-09

 

 

 

An ordinance of the City council of the City of Flagstaff, Arizona establishing the Landmarks Design Review Overlay Zoning district and adopting by reference the Landmarks Design Review Overly District Design Standards and Guidelines.

 

 

Councilmember White moved to adopt Ordinance No. 2008-09, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

H.

Consideration of Ordinance No. 2008-10:  An ordinance of the City Council of the City of Flagstaff, Arizona amending Title 10 of the Flagstaff Land Development Code to update and improve language regarding Historic and Landmarks Design Review Overlay Districts.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-10 for the final time by title only.

Adopt Ordinance No. 2008-10.

 

Councilmember Cooper moved to read Ordinance No. 2008-10 for the final time by title only, seconded by Councilmember White.

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

 

Title was read as follows:

 

 

Ordinance No. 2008-10

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona amending Title 10 of the Flagstaff Land Development Code to update and improve language regarding Historic and Landmarks Design Review Overlay Districts.

 

 

Councilmember White moved to adopt Ordinance No. 2008-10.  The motion passed on majority vote with Mayor Donaldson and Councilmembers Cooper, Swanson and White in favor, and Vice-Mayor Overton and Councilmember Haughey opposed.

 

I.

Consideration of Resolution No. 2008-14:  A resolution approving an agreement for waiver of claims for diminution in value to real property resulting from the rezoning of approximately 7,944 square feet of real property located at 19 South Agassiz Street in Flagstaff, Arizona, from C-2-3, Community Commercial-Established Zoning District, to the Landmarks Design Review Overlay Zoning district (LDRO).

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-14 by title only.

Adopt Resolution No. 2008-14.

 

Councilmember White moved to read Resolution No. 2008-14 by title only, seconded by Councilmember Swanson.  The motion passed unanimously and title was read as follows:

 

 

Resolution No. 2008-14

 

 

 

A resolution approving an agreement for waiver of claims for diminution in value to real property resulting from the rezoning of approximately 7,944 square feet of real property located at 19 South Agassiz Street in Flagstaff, Arizona, from C-2-3, Community Commercial-Established Zoning District, to the Landmarks Design Review Overlay Zoning district (LDRO).

 

 

Councilmember White moved to adopt Resolution No. 2008-14.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

J.

Consideration of Ordinance No. 2008-11:  An ordinance of the City Council of the City of Flagstaff, Arizona rezoning approximately 7,944 square feet of real property located at 19 South Agassiz Street from C-2-E Community Commercial-Established Zoning District to C-2-E, Community Commercial-Established Zoning District Modified by the Landmarks Design Review Overlay Zoning District (LDRO).

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-11 for the final time by title only.

Adopt Ordinance No. 2008-11.

 

Councilmember Cooper moved to read Ordinance No. 2008-11 for the final time by title only, seconded by Councilmember White.  The motion passed on unanimous vote and title was read as follows:

 

Ordinance No. 2008-11

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona rezoning approximately 7,944 square feet of real property located at 19 South Agassiz Street from C-2-E Community Commercial-Established Zoning District to C-2-E, Community Commercial-Established Zoning District Modified by the Landmarks Design Review Overlay Zoning District (LDRO).

 

 

Councilmember White moved to adopt Ordinance No. 2008-11.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

 

K.

Consideration of Resolution No. 2008-17:  A resolution authorizing the submission of a grant application for an Arizona State Parks Local, Regional and State Parks Heritage funds for a pass-through grant to Flagstaff Unified School District for the Marshall Elementary School sustainable playground renovation, and authorizing the acceptance upon award of the grant agreement.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-17 by title only.

Adopt Resolution No. 2008-17.

 

Councilmember Haughey moved to read Resolution No. 2008-17 by title only.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2008-17

 

 

 

A resolution authorizing the submission of a grant application for an Arizona State Parks Local, Regional and State Parks Heritage funds for a pass-through grant to Flagstaff Unified School District for the Marshall Elementary School sustainable playground renovation, and authorizing the acceptance upon award of the grant agreement.

 

 

Councilmember White moved to adopt Resolution No. 2008-17, seconded by Vice-Mayor Overton.  The vote was unanimous in favor.

 

L.

Consideration of Resolution No. 2008-18:  A resolution of the Mayor and Council of the City of Flagstaff, Coconino County, Arizona, declaring official and adopting the results of the mail ballot Primary Election held on March 11, 2008.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-18 by title only.

Adopt Resolution No. 2008-18.

 

Councilmember Cooper moved to read Resolution No. 2008-18 by title only, seconded by Councilmember White.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2008-18

 

 

 

A resolution of the Mayor and Council of the City of Flagstaff, Coconino County, Arizona, declaring official and adopting the results of the mail ballot Primary Election held on March 11, 2008.

 

 

Councilmember White moved to adopt Resolution No. 2008-18, seconded by Vice-Mayor Overton.  The motion 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 6:44 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 March 18, 2008.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 16th day of April, 2008.

 

 

 

 

                                                                       

CITY CLERK