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 5, 2010

5:30 p.m.

A meeting of the Flagstaff City Council was held on January 5, 2010 convening at 5:32 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 Presler.

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

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

2.      ROLL CALL

On roll call, the following were present:

Mayor Presler

Vice Mayor White

Councilmember Brewster

Councilmember Evans

Councilmember Haughey

Councilmember Overton

Councilmember Swanson

Also present were:

City Manager, Kevin Burke

Acting City Attorney, Harry Lane

3.       MINUTES

A.

Consideration of Minutes: Regular Council Meetings of December 1, 2009 and December 15, 2009.

RECOMMENDED ACTION: Approve the minutes as submitted/corrected.

Vice Mayor White moved to approve the minutes as submitted, seconded by Councilmember Brewster.  The vote was unanimous in favor.

4.        PUBLIC PARTICIPATION

None.

5.       CONSENT AGENDA

A.

Consideration of Payment of Settlement Final Award:  Agate v. City of Flagstaff.

RECOMMENDED ACTION:

(1)

Approve payment of $314,608.00, plus interest at 10% per annum beginning December 10, 2009;

(2)

Authorize the City Manager to execute the necessary documents; and

(3)

Approve additional authority in the amount of $2,500.00, not to exceed a total of $177,500.00, for the City’s attorney’s fees and costs.

B.

Consideration of Service Agreement:  Fiscal Year 2010 Family and Community Teaming for Students (FACTS) After-School Program.

RECOMMENDED ACTION:

Approve the agreement with the Flagstaff Unified School District and the Coconino Coalition for Children and Youth in the amount of $319,757.00 for the FACTS program and $21,250.00 for the Coconino Coalition for Children and Youth.

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

6.      PUBLIC HEARING ITEMS

A.

Consideration of Liquor License Application:   Winifred Hanseth, “Lumberyard Brewing Company Taproom and Grille”, 5 S. San Francisco Street, Series 03, New License.

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

The City Council has the option to:

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

Forward the application to the State with no recommendation; or

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 White moved to open the public hearing, seconded by Councilmember Overton.  The motion passed on unanimous vote.

Sgt. Ryan Coons conducted the background investigation on the applicant and found no reason to oppose the application.

The Council had no questions for the applicant, Winifred Hanseth, who was present at the public hearing.

There being no public input, Vice Mayor White moved to close the public hearing.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

Vice Mayor White moved to forward the application to the State with a recommendation for approval.  The motion was seconded by Councilmember and passed unanimously.

B.

Consideration of Liquor License Application:   Winifred Hanseth, “Lumberyard Brewing Company Taproom and Grille”, 5 S. San Francisco Street, Series 12, New License.

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

The City Council has the option to:

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

Forward the application to the State with no recommendation; or

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 White moved to open the public hearing, seconded by Councilmember Evans.  The motion passed on unanimous vote.

Upon conducting his background investigation on the applicant, Sgt. Ryan Coons found no reason to oppose the application.

The Council had no questions for the applicant, Winifred Hanseth, who was present at the public hearing.

There being no public comment, Vice Mayor White moved to close the public hearing.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

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

C.

Consideration of Liquor License Application:   Ricky Reily, “Smokehouse BBQ”, 3510 E. Route 66, #105, Series 12, New License.

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

The City Council has the option to:

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

Forward the application to the State with no recommendation; or

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 Brewster moved to open the public hearing, seconded by Vice Mayor White.  The motion passed on unanimous vote.

Sgt. Ryan Coons conducted the background investigation on the applicant and found no reason to oppose the application.

The applicant, Ricky Reily, briefly spoke to the Council in favor of his application.

There being no public input, Vice Mayor White moved to close the public hearing, seconded by Councilmember Evans.  The vote was unanimous in favor.

Vice Mayor White moved to forward the application to the State with a recommendation for approval.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

D.

Consideration of Liquor License Application:  Danny Rich, “Alpine Pizza”, 7 North Leroux St., Series 07, Person Transfer.

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

The City Council has the option to:

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

Forward the application to the State with no recommendation; or

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 White moved to open the public hearing, seconded by Councilmember Brewster.  The motion passed on unanimous vote.

Sgt. Ryan Coons conducted the background investigation on the applicant, Mr. Rich, and noted various violations of the law beginning in 2000; one of which was not disclosed on the liquor license application.  There has been no enforcement action taken against the business in the last six years.  Due to the violations of Arizona Revised Statutes, Title 4, the Police Department offered no recommendation to the Council.

Danny Rich, the applicant, explained that he and his brother have been business partners and owners of Alpine Pizza for 38 years.  The reason for the person transfer action is because the brothers are no longer business partners.  Mr. Rich reported that he believed he had listed all of his violations on his application as provided to him by the Flagstaff Police Department, and was unaware that anything was missing.  He stated that he and his staff will be taking the required State liquor license training as soon as his staff returns from the holidays.

There being no public comment, Vice Mayor White moved to close the public hearing.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

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

7.      REGULAR AGENDA

A.

Consideration of Resolution No. 2010-01:  A resolution authorizing the submission of a grant application to the Arizona Department of Housing for State Housing Funds.

RECOMMENDED ACTION:

Read Resolution No. 2010-01 by title only.

Adopt Resolution No. 2010-01.

Vice Mayor White moved to read Resolution No. 2010-01 by title only.  The motion was seconded by Councilmember Evans and passed on unanimous vote.  Title was read as follows:

Resolution No. 2010-01

A resolution authorizing the submission of a grant application to the Arizona Department of Housing for State Housing Funds.

Councilmember Haughey moved to adopt Resolution No. 2010-01, seconded by Vice Mayor White.  The vote was unanimous in favor.

B.

Consideration of Resolution No. 2010-02:  A resolution of the City of Flagstaff, Arizona authorizing the extinguishment of an ingress, egress and parking easement located approximately 200 feet east of the intersection of Fremont Boulevard and U.S. Highway 180.

RECOMMENDED ACTION:

Read Resolution No. 2010-02 by title only.

Adopt Resolution No. 2010-02.

Councilmember Evans moved to read Resolution No. 2010-02 by title only.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.  Title was read as follows:

Resolution No. 2010-02

A resolution of the City of Flagstaff, Arizona authorizing the extinguishment of an ingress, egress and parking easement located approximately 200 feet east of the intersection of Fremont Boulevard and U.S. Highway 180.

Vice Mayor White moved to adopt Resolution No. 2010-02, seconded by Councilmember Brewster.

Councilmember Haughey declared a conflict of interest, removed himself from the podium, and did not enter into discussion or vote.

The motion passed on unanimous vote with Councilmember Haughey excused due to a conflict of interest.

Councilmember Haughey returned to the meeting.

8.       COUNCIL DISCUSSION ITEMS

A.

Consideration of Council Discussion:  Incentives and revenue sources

RECOMMENDED ACTION:

Discuss and provide direction, if any.

During discussion, Council decided to revisit the incentives and revenue sources issue, including water user fees and water capacity fees, at the February Council budget retreat.

Stephen Knutson, Flagstaff resident, talked about broad tax increases adding to the financial burden on the citizens of Flagstaff.

Harry Lane, Acting City Attorney, stated that Mr. Knutson’s remarks were broad and beyond the scope of the agenda item.

Councilmember Evans moved to recess into executive session, seconded by Councilmember Swanson.  The motion passed on majority vote Councilmembers Brewster, Evans, Haughey, Overton and Swanson in favor, and Mayor Presler and Vice Mayor White opposed.

The Council meeting resumed at 6:57 p.m.

B.

Consideration of Council Discussion:  Spring 2010 Washington, D.C., trip/ participants.

RECOMMENDED ACTION:

Discuss and provide direction, if any.

Councilmember Haughey left the meeting at this time and did not return.

Cathy Trotta, citizen, relayed to the Council that she is aware of other funding opportunities for the Council’s travel.

The Council agreed that Mayor Presler and City Manager Burke would attend the Spring 2010 National League of Cites and Towns Conference in Washington D.C.

9.      PUBLIC PARTICIPATION

10.    INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF,          REQUESTS FOR FUTURE AGENDA ITEMS

11.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 7:28 p.m.

MAYOR

ATTEST:

CITY CLERK

CERTIFICATION

STATE OF ARIZONA,

Coconino County.

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)

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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 5, 2010.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 20^th day of January, 2010.

CITY CLERK