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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 MEETING ARE NOT VERBATIM TRANSCRIPTS.  ONLY THE ACTIONS TAKEN AND DISCUSSIONS APPEARING WITHIN QUOTATION MARKS ARE VERBATIM.  AUDIO RECORDINGS OF CITY COUNCIL MEETINGS ARE ON FILE IN THE CITY CLERK’S OFFICE.

 

SUMMARIZED MINUTES

COUNCIL MEETING

 

October 19, 2010

5:30 p.m.

 

A meeting of the Flagstaff City Council was held on Tuesday, October 19, 2010 convening at 5:30 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 Barotz

Councilmember Babbott

Councilmember Brewster

Councilmember Evans

Councilmember Overton

Councilmember White

 

3.      APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

 

No Minutes were submitted.

 

4.      PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING BOARD AND COMMISSION MEMBERS

 

Ann Marie Zeller asked the Council for a vision plan on the Sawmill project.

 

5.      CONSENT AGENDA

 

A.

Consideration of Street Closures:  New Year’s Eve.

 

 

RECOMMENDED ACTION:

Approve the street closures of Aspen Avenue between San Francisco Street and Beaver Street, and Leroux between Route 66 and Birch Avenue on Friday, December 31, 2010, at 8:00 p.m., through Saturday, January 1, 2011, at 3:00 a.m.

 

B.

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

 

 

RECOMMENDED ACTION:

Appoint Rosemary Rosales as City Attorney.

 

Councilmember Overton 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:  Mark Russell, “Oregano’s Pizza Bistro”, 605 Riordan Road, 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 White moved to open the public hearing, seconded by Councilmember Brewster.  The vote was unanimous in favor.

 

Sergeant Matt Wright conducted the background investigation on the license and found no reason to object to it.

 

Lisa Viotti, General Manager of Oregano’s, was present for questions.

 

Upon motion by Councilmember Overton, and seconded from Councilmebmer White, to close the public hearing, the vote was unanimous in favor.

 

Councilmember White moved to forward the application to the State with a recommendation for approval, seconded by Councilmember Evans.  The motion passed on unanimous vote.

 

B.

Consideration of Public Hearing:  Proposed amendments to Title 10, Land Development Code, by repealing Sections 10-09-003, City Planning and Zoning Commission, and 10-09-004, Board of Adjustment and updating and transferring the same to Title 2, Boards and Commissions, Chapter 2-01, Planning and Zoning Commission, and Chapter 2, Board of Adjustment; and by repealing City Code Title 10, Land Development Code, Section 10-09-002, City Council.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

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

 

There being no public input, Councilmember Overton moved to close the public hearing, seconded by Councilmember Evans.  The motion passed unanimously.

 

C.

Consideration of Public Hearing:  Proposed amendments to Title 10, Land Development Code, by repealing Chapter 10-18, Development Fees and transferring the same to Title 3, Business, as new Chapter 3-11, Development Fees.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Councilmember White moved to open the public hearing.  The motion was seconded by Councilmember Brewster and the vote was unanimous in favor.

 

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

 

D.

Consideration of Public Hearing:  Proposed amendments to Title 10, Land Development Code by repealing Chapter 10-11, Subdivision and Minor Land Division Regulations, and Chapter 10-12, Planning Documents, and transferring the same to New Title 11, as Chapter 11-10, General Plans and Subdivisions, Chapter 11-20, Subdivision and Land Split Regulations, and Chapter 11-30, Definitions.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Councilmember White moved to open the public hearing.  The motion was seconded by Councilmember Babbott and passed on unanimous vote.

 

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

 

7.      REGULAR AGENDA

 

A.

Consideration of Ordinance No. 2010-27:  An ordinance amending Title 8, Public Ways and Property, by adding Chapter 8-12, Special Events.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-27 for the first time by title only.

 

Councilmember Evans moved to read Ordinance No. 2010-27 for the first time by title only, seconded by Councilmember Brewster. 

 

Mayor Presler asked for follow-up legal clarification on whether restricting use of a megaphone on city-owned property during an SB1070 event constitutes a violation of free speech rights under the city’s sound amplication regulations.

 

The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2010-27

 

 

 

An ordinance amending Title 8, Public Ways and Property, by adding Chapter 8-12, Special Events.

 

 

B.

Consideration of Ordinance No. 2010-28:  An ordinance amending Title 8, Public Ways and Property, Chapter 8-11, Policies regarding Use of Municipal Parks, by deleting those procedures related to the issuance of special event permits; adding provisions relating to the permitting of certain alcoholic beverages within municipal parks; adding provisions related to the possession and consumption of certain alcoholic beverages in designated areas of Thorpe Park; and amending those provisions related to the possession of firearms within municipal parks to reflect current state statute.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-28 for the first time by title only.

 

Councilmember Evans moved to read Ordinance No. 2010-28 for the first time by title only, seconded by Councilmember Brewster.

 

Speaking on behalf of Ordinance No. 2010-28 were:

 

 

·       

Lisa Hardy

 

·       

Ross Taylor

 

·       

Kim Austin

 

·       

Lisa Sifling

 

·       

Julio Quesada

 

·       

Frank Weatherall

 

The following individual was opposed to the ordinance:

 

 

·       

Andy Fernandez

 


Councilmember Babbott moved to amend Ordinance No. 2010-28, in Section 8.11.001.0006 Special Events and Alcoholic Beverage Permit Exceptions, under Section (B) with the following language:

 

“Any person or group that desires to consume beer or wine in Bushmaster or Ponderosa Park shall obtain an alcohol beverage permit from the Recreation Section, the Parks Section, or the Police Department which will be valid for a specific date and location only.  The permit will be valid for one day and for normal park hours only.  These areas shall be established by the City Manager and shall be identified with appropriate signage.  Alcohol beverage permits shall only be issued to persons 21 years or older.  Alcohol beverage permits shall not be issued for Heritage Square.” 

 

The motion to amend was seconded by Councilmember Overton.

 

A short recess was called; and, upon return, Councilmember Babbott expanded his motion to include the following amendments:

 

 

1.

In Subsection O of 8.11.001.0010, strike the first sentence containing the words “possession or consumption of spirituous liquors, . . ." and reinstate the language:  “This paragraph shall not apply to a person consuming beer from a broken package on park property except as otherwise posted. (Ord. No. 1891, 09/19/95).”

 

 

2.

In Section 8-11-001-0007, strike all of A and B, and substitute the language:  “No fee shall be charged for this permit.”

 

 

3.

The wording in the title should be changed to:

 

 

 

An ordinance amending Title 8, Public Ways and Property, Chapter 8-11, Policies regarding Use of Municipal Parks, by deleting those procedures related to the issuance of special event permits; adding provisions relating to the permitting of certain alcoholic beverages within Bushmaster and Ponderosa Parks parks adding provisions related to the possession and consumption of certain alcoholic beverages in designated areas of Thorpe and amending those provisions related to the possession of firearms within municipal parks to reflect current state statute.

 

 

 

4.

Section 8.11.001.0007, Subsection O, Activities Requiring Permits, should read:  “Possession or consumption of wine in Bushmaster or Ponderosa Parks as described in Subsection 8.11.001.0006.”

 

 

Councilmember Overton, as seconder of the motion, agreed to the added amendments.

 

Councilmember White asked for a report back within a year from the Police Department to see whether or not the migration of alcohol users is occurring in the parks.

 

The motion to amend passed on roll call vote as follows:

 

 

Mayor Presler

Vice-Mayor Barotz

Councilmember Babbott

Councilmember Brewster

Councilmember Evans

Councilmember Overton

Councilmember White

Nay

Aye

Aye

Nay

Nay

Aye

Aye

 

The motion to read as amended passed on majority vote with Vice-Mayor Barotz and Councilmembers Babbott, Overton, and White voting in favor, and Mayor Presler and Councilmembers Brewster and Evans voting against.  Title was read as follows:

 

 

Ordinance No. 2010-28

 

 

 

An ordinance amending Title 8, Public Ways and Property, Chapter 8-11, Policies regarding Use of Municipal Parks, by deleting those procedures related to the issuance of special event permits; adding provisions relating to the permitting of certain alcoholic beverages within Bushmaster and Ponderosa Parksand amending those provisions related to the possession of firearms within municipal parks to reflect current state statute.

 

 

C.

Consideration of Ordinance No. 2010-34:  An ordinance authorizing the City of Flagstaff to enter into purchase agreements for the sale of improvements to real property and ground leases for the real property at Lots 1-3, Izabel Homes, Flagstaff.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-34 for the first time by title only.

 

Councilmember Evans moved to read Ordinance No. 2010-34 for the first time by title only, seconded by Councilmember Brewster.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2010-34

 

 

 

An ordinance authorizing the City of Flagstaff to enter into purchase agreements for the sale of improvements to real property and ground leases for the real property at Lots 1-3, Izabel Homes, Flagstaff.

 

 

D.

Consideration of Resolution No. 2010-64:  A resolution of the City Council of the City of Flagstaff, Arizona, approving modification of Assessment No. 3.01 for Aspen Place at the Sawmill Improvement District, Flagstaff, Arizona.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-64 by title only.

Adopt Resolution No. 2010-64.

 

Councilmember Overton moved to read Resolution No. 2010-64 by title only, seconded by Councilmember White.  The motion passed unanimously and title was read as follows:

 

 

Resolution No. 2010-64

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, approving modification of Assessment No. 3.01 for Aspen Place at the Sawmill Improvement District, Flagstaff, Arizona.

 

 

Councilmember Babbott moved for adoption, seconded by Councilmember Evans.  The vote was unanimous in favor.

 

E.

Consideration of Resolution No. 2010-63:  A resolution approving an agreement for waiver of claims for diminution in value for land use laws applicable to property located at 1350 West Lower Coconino Avenue.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-63 by title only.

Adopt Resolution No. 2010-63.

 

Councilmember Overton moved to read Resolution No. 2010-63 by title only, seconded by Councilmember Babbott.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2010-63

 

 

 

A resolution approving an agreement for waiver of claims for diminution in value for land use laws applicable to property located at 1350 West Lower Coconino Avenue.

 

 

Councilmember White moved to adopt Resolution No. 2010-63.  The motion was seconded by Councilmember Brewster and the motion passed unanimously.

 

F.

Consideration of Ordinance No. 2010-29:  An ordinance rezoning approximately 10.04 acres of land located at 1350 West Lower Coconino Avenue from RR, Rural Residential Zoning District to ER, Estate Residential Zoning District.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-29 for the final time by title only.

Adopt Ordinance No. 2010-29.

 

Councilmember Babbott moved to read Ordinance No. 2010-29 by title only, seconded by Councilmember White.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2010-29

 

 

 

An ordinance rezoning approximately 10.04 acres of land located at 1350 West Lower Coconino Avenue from RR, Rural Residential Zoning District to ER, Estate Residential Zoning District.

 

 

Councilmember Babbott moved for adoption.  The second was from Councilmember Brewster and the vote was unanimous in favor.

 

G.

Consideration of Ordinance No. 2010-32:  An ordinance amending Flagstaff City Code, Title 7, Health and Sanitation, by repealing Chapter 7-01, Health Regulations, and reserving the same for future use.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-32 for the first time by title only.

 

Vice-Mayor Barotz moved to read Ordinance No. 2010-32 for the first time by title only, seconded by Councilmember Brewster.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2010-32

 

 

 

An ordinance amending Flagstaff City Code, Title 7, Health and Sanitation, by repealing Chapter 7-01, Health Regulations, and reserving the same for future use.

 

 

H.

Consideration of Resolution No. 2010-65:  A resolution pursuant to Article IX of the City Charter and Title 16 of the Arizona Revised Statutes, designating polling places and election boards for the November 2, 2010, Special Debt Authorization Election, and declaring an emergency.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-65 by title only.

Adopt Resolution No. 2010-65.

 

Councilmember Brewster moved to read Resolution No. 2010-65 by title only, seconded by Councilmember Overton.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2010-65

 

 

 

A resolution pursuant to Article IX of the City Charter and Title 16 of the Arizona Revised Statutes, designating polling places and election boards for the November 2, 2010, Special Debt Authorization Election, and declaring an emergency.

 

 

Upon motion by Councilmember Babbott and second by Councilmember White, the vote was unanimous in favor to adopt Resolution No. 2010-65.

 

I.

Consideration of Resolution No. 2010-66: A resolution of the City Council of the City of Flagstaff adopting City Council goals and strategies for the 2010-2012 Term.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-66 by title only.

Adopt Resolution No. 2010-66.

 

Councilmember White moved to read Resolution No. 2010-66 by title only, seconded by Councilmember Babbott.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2010-66

 

 

 

A resolution of the City Council of the City of Flagstaff adopting City Council goals and strategies for the 2010-2012 Term.

 

 

Councilmember Brewster moved to adopt Resolution No. 2010-66.  The motion was seconded by Councilmember Babbott and passed on unanimous vote.

 

J.

Consideration of Appointments:  Transportation 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 two appointments to partial terms expiring July, 2011; and two appointments to terms expiring July, 2013.

 

Councilmember Babbott moved to appointment Kevin Parkes to a term expiring July, 2013.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

8.      DISCUSSION ITEMS

 

A.

Consideration of Council Discussion:  Uranium mining at the Grand Canyon.

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

Vice-Mayor Barotz, as the sponsoring Councilmember, explained that the intent of her document was to provide background.  Inasmuch as Flagstaff has a stake in what happens, she felt that it is important for Secretary Salazar to hear from the community.

 

Receiving majority Council support for a resolution, Vice-Mayor Barotz offered to take a first stab at writing a resolution.

 

9.      PUBLIC PARTICIPATION

 

Allison Gaitlin spoke in favor of a resolution opposing uranium mining at the Grand Canyon.

 

Enrique Vega related his opposition to Arizona House Bill 2281.

 

10.    INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF,

 

REQUESTS FOR FUTURE AGENDA ITEMS

 

Mayor Presler asked that steps to be taken to control the disruption that has been occurring at recent meetings of the City Council.

 

Councilmember Evans inquired into when curbside glass recycling would be placed on a Council agenda.  She also asked that Ordinance No. 2006-08, which received in first reading in 2006, be brought back to a Council agenda for action.

 

Mayor Presler asked that a place be created in the new staff summary format to talk about previous Council actions on an item.

 

Council activities for the week included the GRRD conference, Town Hall, and reception and a foresters’ conference speech.

 

11.       ADJOURNMENT

 

There being no further business to come before the Council, the meeting was adjourned at 8:05 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 October 19, 2010.  I further certifty that the Meeting was duly called and held and that a quorum was present.

 

DATED this 3rd day of November, 2010.

 

 

 

 

 

 

CITY CLERK