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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

 

 

February 1, 2005

6:00 p.m.

 

A Meeting of the Flagstaff City Council as held on February 1, 2005 convening at 6:10 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

 

Councilmember Silva asked those present to stand for the Pledge of Allegiance.

 

2.      INVOCATION

 

Mayor Donaldson led a moment of silence.

 

3.      ROLL CALL

 

On roll call, the following were present:

 

 

Mayor Donaldson

 

Vice-Mayor White

Councilmember Babbott

Councilmember Cooper

Councilmember Haughey

Councilmember Kelty

Councilmember Silva

 

 

Also present were:

 

 

City Manager, Dave Wilcox

City Attorney, Patricia Boomsma

 

4.       MINUTES

 

A.

Consideration of Minutes: Regular Council Meeting of January 18, 2005.

 

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

 

Councilmember Babbott moved to accept the minutes as submitted, seconded by Vice-Mayor White.  The motion passed on unanimous vote.

 

5.        PUBLIC PARTICIPATION

 

None.

 

6.       CONSENT – GENERAL

 

A.

Consideration of Liquor License Application:  Eric Kwan, “August Moon Chinese Restaurant”, 1300 S. Milton Road, Suite 111, New License, Series 12.

 

 

RECOMMENDED ACTION:

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

 

B.

Consideration of Confirming Payment:  Emergency data recovery services.

 

 

RECOMMENDED ACTION:

Approve confirming payment to Action Front in the amount of $20,280.00.

 

Councilmember Silva moved to approve the Consent-General Calendar, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

7.      CONSENT – CONTRACTUAL

 

A.

Consideration of Bids:  City vehicles.

 

 

RECOMMENDED ACTION:

Accept the bid from Babbitt Ford for the purchase of seven police sedans, two 4X4 mid-size pickups, two 1/2 ton 4X4 pickups, a 1-ton pickup, two mid-size sedans, and a 1-1/2 ton cab and chassis in the amount of $280,469.93, plus sales tax.

 

Councilmember Silva moved to approve the recommended action, seconded by Vice-Mayor White.  The motion passed on unanimous vote.

 

B.

Consideration of Emergency Service Agreement:  Tree limb collection and disposal.

 

 

RECOMMENDED ACTION:

Approve the agreement with the Arizona State Land Department in an amount not to exceed $80,000.00.

 

(Withdrawn from the Agenda.)

 

8.      BOARDS AND COMMISSIONS:

 

A.

Consideration of Appointments:  Disability Awareness Commission.

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and make the two appointments at the Council meeting.

 

Vice-Mayor White moved to appoint Kerrie Anne Simpson to a partial term expiring March 2005, which would continue for a complete term expiring March 2008, and Kathryn Barrett to a partial term expiring March 2006.  The motion was seconded by Councilmember Haughey, and passed on unanimous vote.

 

B.

Consideration of PC CUP 04-020:  An appeal of a decision by the Planning and Zoning Commission approving a Conditional Use Permit for a 75-foot cellular tower, 1,200 sq. foot screened equipment area, including a 312 square foot, single-story structure at 2672 North Fourth Street in the C-2-E, Community Commercial Established District.

 

 

RECOMMENDED ACTION:

The Planning and Zoning Commission recommends denial of the appeal.

 

Vice-Mayor White moved to approve the recommended action to deny the appeal, seconded by Councilmember Cooper. 

 

Neil Gullickson, Planning Division, gave a brief history on the issue to date.

 

Mark McGarey, representing Verizon Wireless, described the 3-year process Verizon undertook to locate an appropriate tower site for the east side of town.

 

The motion to approve the recommended action passed on unanimous vote.

 

9.       PUBLIC HEARINGS

 

(No items were submitted.)

 

10.     ORDINANCES AND RESOLUTIONS

 

A.

Consideration of Resolution No. 2005-01:  A resolution approving a development agreement between Butler & Lone Tree, L.L.C. and the City of Flagstaff, Arizona.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2005-01 by title only.

Adopt Resolution No. 2005-01.

 

Vice-Mayor White moved to read Resolution 2005-01 by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2005-01

 

 

 

A resolution approving a development agreement between Butler & Lone Tree, L.L.C. and the City of Flagstaff, Arizona.

 

 

Councilmember Silva moved to adopt Resolution No. 2005-01.  The motion was seconded by Vice-Mayor White and passed on unanimous vote.

 

B.

Consideration of Ordinance No. 2004-24:  An ordinance rezoning approximately 42.12 acres of land at 825 East Butler Avenue from I-3-E, Intensive Industrial District, Established, to HR, High Density Residential District and UC, Urban Commercial District (Conditional).

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2004-24 for the final time by title only.

Adopt Ordinance No. 2004-24.

 

Councilmember Cooper moved to read Ordinance No. 2004-24 for the final time by title only, seconded by Councilmember Silva.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2004-24

 

 

 

An ordinance rezoning approximately 42.12 acres of land at 825 East Butler Avenue from I-3-E, Intensive Industrial District, Established, to HR, High Density Residential District and UC, Urban Commercial District (Conditional).

 

 

Vice-Mayor White moved to adopt Ordinance No. 2004-24.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

 

C.

Consideration of Ordinance No. 2005-01:  An ordinance authorizing the acquisition of real property and a public roadway easement for the extension of Cummings Street at U.S. Highway 89 North and the new location of the Ring Road in order to facilitate the relocation of the Flagstaff Mall main entrance.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2005-01 for the final time by title only.

Adopt Ordinance No. 2005-01.

 

Councilmember Haughey moved to read Ordinance No. 2005-01 for the final time by title only, seconded by Councilmember Silva.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2005-01

 

 

 

An ordinance authorizing the acquisition of real property and a public roadway easement for the extension of Cummings Street at U.S. Highway 89 North and the new location of the Ring Road in order to facilitate the relocation of the Flagstaff Mall main entrance.

 

 

Councilmember Cooper moved to adopt Ordinance No. 2005-01.  The motion was seconded by Vice-Mayor White and passed on unanimous vote.

 

D.

Consideration of Ordinance No. 2005-04:  An ordinance amending Title 7, Health and Sanitation by repealing Chapters 7-05, Smoking in City Facilities and 7-06, Smoking in Enclosed Public Places and in the Work Place and adding Chapter 7-05, City of Flagstaff Smokefree Air Ordinance.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2005-04 for the final time by title only.

Adopt Ordinance No. 2005-04.

 

Councilmember Haughey moved to Read Ordinance No. 2005-04 for the final time by title only, seconded by Councilmember Babbott.

 

Vice-Mayor White moved to amend Ordinance No. 2005-04, “to re-include in the list of exceptions stand-alone bars and change the wording under the definition of stand-alone bars to restore ‘and does not share any common entryway, opening or common indoor area with, and is separately ventilated from any other enclosed indoor workplace.’”

 

Councilmember Haughey seconded the motion to amend, which was defeated on roll call vote as follows:

 

 

Mayor Donaldson

Nay

 

Vice-Mayor White

Aye

 

Councilmember Babbott

Nay

 

Councilmember Cooper

Nay

 

Councilmember Haughey

Aye

 

Councilmember Kelty

Nay

 

Councilmember Silva

Aye

 

Speaking in favor of the Smokefree Air Ordinance were:

 

 

Carl Shrader, M.D., 900 Switzer Canyon Drive, Apt. 118, Flagstaff

 

Kurt Harris, 1660 E. Appalachian Road, Flagstaff

 

William Reed, M.D., 11950 Glodia Drive, Flagstaff

 

Betsy Suter, 499 W. Philomena, Flagstaff

 

Tricia Moore, 6755 Turkey Hills, Flagstaff

 

Tamara Prager, 3252 Hunter Place, Flagstaff

 

Don Morris, M.D., 36713 N. 17th Avenue, Desert Hills

 

Bernice Carver, P.O. Box 2763, Flagstaff

 

The following arguments were offered in support of the ordinance:

 

 

·         It is the Council’s responsibility to protect all employees.

 

·         The smoker can remove himself/herself to go outside and smoke, but a non-smoker does not have this option.

 

·         Secondhand smoke is a known health hazard.

 

·         Paying for the illnesses of smokers is a social cost shared by all people.

 

·         Studies confirm that no-smoking ordinances do not impact business revenues.

 

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

 

 

Ordinance No. 2005-04

 

 

 

An ordinance amending Title 7, Health and Sanitation by repealing Chapters 7-05, Smoking in City Facilities and 7-06, Smoking in Enclosed Public Places and in the Work Place and adding Chapter 7-05, City of Flagstaff Smokefree Air Ordinance.

 

 

Councilmember Cooper moved to adopt Ordinance No. 2005-04.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.

 

11.     OTHER BUSINESS

 

(No items were submitted.)

 

12.    INFORMATIONAL ITEMS TO OR FROM MAYOR, COUNCIL OR CITY MANAGER.

 

Council made the following requests:

 

 

·         A discussion of the disposition of City property that includes criteria, prioritization, and the relationship of City property to redevelopment, land trust and other established programs, will be scheduled for a Work Session in the near future.

 

 

·         Staff is to provide a copy of the current policy regarding the disposition of City property prior to any discussion on the topic.

 

13.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 7:01 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 February 1, 2005.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 16th day of February, 2005.

 

                                                                         

CITY CLERK