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

August 2, 2005

6:00 p.m.

A Meeting of the Flagstaff City Council as held on August 2, 2005 convening at 6:00 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 Kelty asked those present to stand for the Pledge of Allegiance.

2.      INVOCATION

Councilmember Kelty 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:

Acting City Manager, James Wine

City Attorney, Patricia Boomsma

4.       MINUTES

A.

Consideration of Minutes: Regular Council Meeting of July 19, 2005.

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

5.        PUBLIC PARTICIPATION

John Lovely, 1130 S. Shullenbarger Drive, expressed his concern regarding diminishing City services in the University Heights area.  This past winter his street was not snow plowed for up to 48 hours after a snowfall.  Mr. Lovely was also displeased about ponderosa pine trees that had been cut down earlier in the day in the median on his street by City firefighters.

Mayor Donaldson requested that Dave Wilcox, City Manager, look into and respond to Mr. Lovely’s concerns.

6.       CONSENT – GENERAL

A.

Consideration of Liquor License Application:  Felipe Tabares, “La Hacienda Night Club”, 1110 E. Route 66, Person and Location Transfer, Series 7.

RECOMMENDED ACTION:

Table indefinitely until such time as the development review process has been completed.

Councilmember Cooper moved to table indefinitely, seconded by Councilmember Kelty.  The motion passed on unanimous vote.

B.

Consideration of Annual Blanket Purchase Orders:  Library, City Shop, Convention and Visitors Bureau, and general daily operations.

RECOMMENDED ACTION:

Approve the annual blanket purchase orders for the vendors, and at the amounts listed on the staff summary attachment.

Mary Jo Jenkins, Management Services Director, briefly reviewed the request for annual blanket purchase orders, and responded to questions from the Council.

Councilmember Silva moved to take the recommended action.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

C.

Consideration of Payment:  Annual computer maintenance.

RECOMMENDED ACTION:

(1)

Approve payments totaling approximately $392,485.00, plus applicable sales tax, to the vendors in the amounts listed on the staff summary attachment;

and

(2)

Approve confirming payment to Accela in the amount of $18,606.72.

Councilmember Silva moved to approve the recommended action, seconded by Councilmember Haughey.  The vote was unanimous in favor.

Council directed that:

·    

Each time computer maintenance contracts come to the Council for consideration, the comprehensive Information Technology (IT) maintenance list be attached.

D.

Consideration of Purchase Under the Mohave Educational Services Cooperative Agreement:  TurfMower.

RECOMMENDED ACTION:

Approve the purchase of a John Deere Model 1445 commercial turf mower from Mohave Educational Service Cooperative at a total cost of $17,409.59.

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

7.      CONSENT – CONTRACTUAL

A.

Consideration of Annual Bid:  Fuel cardlock services.

RECOMMENDED ACTION:

Approve the bid from Carter Oil Company at a cost of $.11 per gallon over the OPIS average for both unleaded and diesel fuel.

B.

Consideration of Construction Contract:  Reach D reclaim water main extension project.

RECOMMENDED ACTION:

Approve the bid from A. Miner Contracting in the amount of $975,000.00, which includes a $100,070.00 contract allowance.

C.

Consideration of Intergovernmental Agreement:  Procurement of grant-funded items through the Arizona Counter-Drug Procurement program.

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the Arizona State Counter-Drug Procurement Program and authorize the procurement of the items listed on the staff summary attachment, pending receipt of the grant funds.

Vice-Mayor White moved to approve the Consent-Contractual Calendar, seconded by Councilmember Kelty.  The motion passed on unanimous vote.

8.      BOARDS AND COMMISSIONS

A.

Consideration of Request for Variance:  Sidewalk at 5800 N. Dodge Avenue (Ordinance No. 1925).

RECOMMENDED ACTION:

The Planning and Zoning Commission recommends approval of the variance with the conditions outlined in the staff summary report in support hereof.

Councilmember Cooper moved to accept the recommended action.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

B.

Consideration of Request for Variance:  Lot split at 19 E. Cedar.

RECOMMENDED ACTION:

The Planning and Zoning Commission recommends approval of the variance.

Vice-Mayor White moved to approve the recommended action, seconded by Councilmember Kelty.  The vote was unanimous in favor.

9.       PUBLIC HEARINGS

(No items were submitted.)

10.     ORDINANCES AND RESOLUTIONS

A.

Consideration of Ordinance No. 2005-16:  An ordinance amending Title 8, Chapter 8‑03, Streets and Public Ways, Division 8-03-002 North Downtown Business District Encroachment Policy by amending Section 8-03-002-0005, Permitted Encroachments.

RECOMMENDED ACTION:

Read Ordinance No. 2005-16 for the final time by title only.

Adopt Ordinance No. 2005-16.

Councilmember Cooper moved to read Ordinance No. 2005-16 for the final time by title only, seconded by Councilmember Silva.  The motion passed on majority roll call vote as follows:

Mayor Donaldson

Aye

Vice-Mayor White

Nay

Councilmember Babbott

Nay

Councilmember Cooper

Aye

Councilmember Haughey

Aye

Councilmember Kelty

Nay

Councilmember Silva

Aye

Title was read as follows:

Ordinance No. 2005-16

An ordinance amending Title 8, Chapter 8‑03, Streets and Public Ways, Division 8-03-002 North Downtown Business District Encroachment Policy by amending Section 8-03-002-0005, Permitted Encroachments.

During discussion, it was noted that the encroachment policy only applies when the space is physically roped off and tabled for restaurant use.  When those features of a sidewalk café are not present, smoking is permitted in the space.

Councilmember Haughey moved to adopt Ordinance No. 2005-16, seconded by Councilmember Cooper.  The motion passed on majority roll call vote as follows:

Mayor Donaldson

Aye

Vice-Mayor White

Aye

Councilmember Babbott

Nay

Councilmember Cooper

Aye

Councilmember Haughey

Aye

Councilmember Kelty

Nay

Councilmember Silva

Aye

Vice-Mayor White clarified that his intent was to vote nay on the vote to adopt Ordinance No. 2005-16.  He chose not to move for reconsideration as it would not change the outcome of the vote.

B.

Consideration of Ordinance No. 2005-19:  An ordinance amending Title 7, Health and Sanitation, Sections 7-05-001-0001, Definitions, and 7-05-001-0003, Prohibition of Smoking in Public Places by deleting “Service Lines”.

RECOMMENDED ACTION:

Read Ordinance No. 2005-19 for the first time by title only.

Councilmember Haughey moved to read Ordinance No. 2005-19 for the first time by title only, seconded by Councilmember Silva.

Speaking against Ordinance No. 2005-19 were:

Lee Fairbanks, M.D., 1866 E. Vinedo Lane, Tempe, Arizona 85284

Bernice Carver, P.O. Box 2763, Flagstaff, Arizona 86003

Donald Morris, 36713 N. 17th, Desert Hills, Arizona 85086

Janet McGuire, 2700 Woodlands Village Blvd., #300, Flagstaff, Arizona 86001

The following arguments were offered in opposition to the amendment:

·    

The Smokefree Air Ordinance would be weakened by the deletion of service lines.

·    

Service lines are included in the restrictions in other municipalities’ smokefree ordinances.

·    

This ordinance would impact all service lines, not just those outside of bars.

·    

Standing in line with smokers could be enough to trigger an asthma attack in some individuals.

The Council considered issues such as:

·    

People who are talking to someone in the service line would still have the right to smoke, while people in the service line would be required to refrain from smoking.

·    

The problems associated with bar owners being responsible to monitor service lines on public sidewalks outside of their establishments.

The motion to read Ordinance No. 2005-19 for the first time by title only passed on unanimous roll call vote as follows:

Mayor Donaldson

Aye

Vice-Mayor White

Aye

Councilmember Babbott

Aye

Councilmember Cooper

Aye

Councilmember Haughey

Aye

Councilmember Kelty

Aye

Councilmember Silva

Aye

Title was read as follows:

Ordinance No. 2005-19

An ordinance amending Title 7, Health and Sanitation, Sections 7-05-001-0001, Definitions, and 7-05-001-0003, Prohibition of Smoking in Public Places by deleting “Service Lines”.

C.

Consideration of Ordinance No. 2005-20: An ordinance authorizing the acquisition of real property for public streets and right of way near Railhead Avenue, Marketplace Drive and Test Drive.

RECOMMENDED ACTION:

Read Ordinance No. 2005-20 for the first time by title only.

Councilmember Cooper moved to read Ordinance No. 2005-20 for the first time by title only, seconded by Vice-Mayor White.

Councilmember Kelty moved to amend Section 2 of the ordinance to strike “Said officials are hereby authorized to perform all acts necessary to acquire said property on behalf of the City of Flagstaff.”  And, to amend Section 3 “That when, in the opinion of the City Manager,” be changed to “That when, in the opinion of the City Council.”  The motion was seconded by Vice-Mayor White.

The motion to amend was defeated on majority roll call vote as follows:

Mayor Donaldson

Nay

Vice-Mayor White

Aye

Councilmember Babbott

Aye

Councilmember Cooper

Nay

Councilmember Haughey

Nay

Councilmember Kelty

Aye

Councilmember Silva

Nay

The motion to read Ordinance No. 2005-20 for the first time by title only passed on majority roll call vote as follows:

Mayor Donaldson

Aye

Vice-Mayor White

Aye

Councilmember Babbott

Nay

Councilmember Cooper

Aye

Councilmember Haughey

Aye

Councilmember Kelty

Nay

Councilmember Silva

Aye

Title was read as follows:

Ordinance No. 2005-20

An ordinance authorizing the acquisition of real property for public streets and right of way near Railhead Avenue, Marketplace Drive and Test Drive.

D.

Consideration of Resolution No. 2005-83:  A resolution approving an intergovernmental agreement between the City of Flagstaff and Northern Arizona University for refuse collection and recycling services.

RECOMMENDED ACTION:

Read Resolution No. 2005-83 by title only.

Adopt Resolution No. 2005-83.

Councilmember Silva moved to read Resolution No. 2005-83 by title only, seconded by Vice-Mayor White.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2005-83

A resolution approving an intergovernmental agreement between the City of Flagstaff and Northern Arizona University for refuse collection and recycling services.

Councilmember Haughey moved to adopt Resolution No. 2005-83, seconded by Councilmember Kelty.  The vote was unanimous in favor.

E.

Consideration of Resolution No. 2005-88:  A resolution abandoning a portion of Huntington Drive.

RECOMMENDED ACTION:

Read Resolution No. 2005-88 by title only.

Adopt Resolution No. 2005-88.

Councilmember Cooper moved to read Resolution No. 2005-88 by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2005-88

A resolution abandoning a portion of Huntington Drive.

Councilmember Haughey moved to adopt Resolution No. 2005-88.  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.

13.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 6:47 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 August 2, 2005.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 17th day of August, 2005.

CITY CLERK