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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

 

September 5, 2006

6:00 p.m.

 

A Meeting of the Flagstaff City Council was held on September 5, 2006 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 Overton

Councilmember Cooper - Excused

Councilmember Haughey

Councilmember Kelty

Councilmember Swanson

Councilmember White - Excused

 

 

Also present were:

 

 

Acting City Manager, Jeri Dustir

City Attorney, Patricia Boomsma

 

4.       MINUTES

 

A.

Consideration of Minutes: Regular Council Meetings of August 1, 2006, and August 15, 2006

 

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

 

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

 

5.        PUBLIC PARTICIPATION

 

None.

 

6.       CONSENT – GENERAL

 

A.

Consideration of Payments:  Fiscal Year 2007 annual computer maintenance.

 

 

RECOMMENDED ACTION:

Authorize payments in the amount of $603,358.00, plus applicable sales tax, including a 10% contingency, to the vendors and at the prices listed on the staff summary attachment.

 

Jim Wine, Deputy City Manager, provided a brief description of the annual maintenance.

 

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

 

B.

Consideration of Sole Source Expenditure:  Rebuild of the landfill 1998 D8 R Dozer.

 

 

RECOMMENDED ACTION:

Approve the expenditure to Empire Machinery in an amount not to exceed $145,000.00.

 

Mike Gallegos, Landfill Manager, provided details of the proposed rebuild.

 

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

 

7.      CONSENT – CONTRACTUAL

 

A.

Consideration of Change Order No. 1:  Walgreen’s sewer improvements.

 

 

RECOMMENDED ACTION:

Approve Change Order No. 1 with Auza Construction for a cost increase of $120,000.00 and a contract time extension of 15 calendar days.

 

Paul Raczkowski, Utilities Department, explained the need for the change order.

 

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

 

The following concerns were identified during Council discussion:

 

 

·         

The engineer’s estimate was approximately 20 times less than the actual cost of the work.

 

·         

A geotechnical survey would have saved money in the long run.

 

The motion passed on unanimous vote.

 

B.

Consideration of Change Order No. 4:  Wastewater improvements project.

 

 

RECOMMENDED ACTION:

Approve Change Order No. 4 to Black & Veatch in an amount not to exceed $465,713.00, and a contract time extension of 180 calendar days.

 

Councilmember Haughey moved to approve the recommended action.  The motion was seconded by Vice-Mayor Overton.

 

Paul Raczkowski, Utilities Department, provided a brief overview of project and explained why a change order is necessary.

 

The motion passed on unanimous vote.

 

C.

Consideration of Extension of Contract:  Animal control services.

 

 

RECOMMENDED ACTION:

Approve the third contract extension to Coconino County Humane Association in the amount of $211,233.00.

 

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

 

Kevin Treadway, Deputy Chief of Police, gave a brief presentation on the proposed contract. Dennis Pugh, Executive Director of the Coconino County Humane Association was also present for discussion.

 

The vote to approve was unanimous in favor.

 

D.

Consideration of Service Agreement:  Computer automated dispatching system upgrade for the Police Department.

 

 

RECOMMENDED ACTION:

Approve the agreement with Intergraph Public Safety in the total amount of $63,000.00, with the City’s share to be $43,470.00, plus applicable taxes.

 

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

 

Jana White, Police Communications Manager, briefly reviewed the details of the agreement.

 

The motion passed on unanimous vote.

 

E.

Consideration of Construction Contract:  Adult Center renovation project.

 

 

RECOMMENDED ACTION:

Approve the construction contract with Haydon Building Corporation for a guaranteed maximum price of $924,316.00, including a contract allowance of $18,000.00 (1.9%), and a contract time of 150 days; and (2) authorize the City Manager to execute the necessary documents.

 

Kathleen Viskocil, Community Development Department, gave a brief presentation.

 

Elizabeth Neumayer, Parks and Recreation Director, introduced Julie Leber, the City’s new Recreation Superintendent.

 

During Council discussion, it was requested that the Council consider naming the renovated center the Senior Center, rather than the Adult Center.

 

Vice-Mayor Overton moved to approve the recommended action.  The motion was seconded by Council Haughey and passed on unanimous vote.

 

F.

Consideration of Grant Agreement:  Frances Short Pond Phase II, education activities.

 

 

RECOMMENDED ACTION:

Approve the grant agreement with the Arizona Game and Fish in an amount to the City of $10,000.00.

 

Councilmember Haughey moved to approve the recommended action, seconded by Councilmember Kelty.

 

Stacey Brechler-Knaggs, Grants Manager, provided an update of the on-going improvements to the Frances Short Pond, and introduced Christine Newell, Director of Willow Bend Environmental Education. 

 

During Council discussion, it was requested that New Start students be included in the environmental educational activities being funded by the grant agreement and Willow Bend.

 

The vote to approve the motion passed unanimously.

 

G.

Consideration of Grant Agreement:  Radio communications improvement.

 

 

RECOMMENDED ACTION:

Approve the grant agreement with the Arizona Department of Emergency and Military Affairs for a 2005 Department of Homeland Security Grant for communications controller and related communications equipment in an amount to the City of $110,000.00.

 

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

 

Kevin Treadway, Deputy Chief of Police, gave a brief overview of the grant agreement.

 

The motion passed on unanimous vote.

 

H.

Consideration of Service Agreement:  FY06 After-School Program.

 

 

RECOMMENDED ACTION:

Approve the agreement with the Coconino Coalition for Children and Youth and the Flagstaff Unified School District in the total amount of $379,000.00.

 

Councilmember Swanson moved to approve the recommended action, seconded by Councilmember Haughey.

 

Elizabeth Neumayer, Parks and Recreation Director, provided details of the annual service agreement.

During Council dialog, the Council noted that:

 

 

·         

It is desirable that City staff work to get the County invested in the After-School Program, and to work with all partners to identify grant funds for the program. 

 

·         

The Council should take a leadership role in finding funds to re-establish the Kid’s Café to feed homeless children attending public schools.

 

Council requested an update on a semi-annual basis to include the number of children that are being served by the After-School Program.

 

The motion to approve passed on unanimous vote.

 

Items Taken Out of Sequence

 

10.     ORDINANCES AND RESOLUTIONS

 

 

Consideration of Ordinance No. 2006-04:  An ordinance authorizing the disposal of real property at 203 East Brannen Avenue.

 

 

RECOMMENDED ACTION:

 

Withdraw Ordinance No. 2006-04.

 

Vice-Mayor Overton moved to withdraw Ordinance No. 2006-04, seconded by Councilmember Haughey.

 

Debra Harris, Co-Chair for Save the Murdock Center Committee, spoke in favor of withdrawing the ordinance and informed the Council her group anticipates bringing a plan for use of the facility within a month.

 

Blair Wood, owner of Flagstaff Ballroom Academy, is seeking a lease agreement with the City to turn the building into a ballroom for use by the entire community.  Mr. Wood was informed that there will be a Request for Proposals process, and was encouraged to submit his proposal through that process.

 

The vote was unanimous in favor.

 

Return to Regular Agenda Order

 

8.      BOARDS AND COMMISSIONS

 

A.

Consideration of Appointments:  Councilmember representative to the Beautification and Public Art Commission.

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and make the reassignment at the Council meeting.

 

Councilmember Kelty moved to appoint Councilmember Swanson as the Councilmember representative, seconded by Councilmember Swanson.  The motion passed on unanimous vote.

 

B.

Consideration of Appointments:  Youth Commission.

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make two appointments to regular terms expiring June 30, 2007, and two appointments to alternate terms expiring June 30, 2007.

 

Councilmember Kelty moved to appoint Nisa Gallegos to a term expiring June 30, 2007.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

 

C.

Consideration of PC SUB 06-010:  A request from The Dale LLC for tentative plat approval of The Dale Condominiums, an 8-unit apartment building, proposed to be converted to residential condominiums, located on a 6,700 sq. ft. lot at 110 East Dale Avenue in the C2-E, Community Commercial-Established zoning district.

 

 

RECOMMENDED ACTION:

The Planning and Zoning Commission recommends approving the tentative plat with the conditions outlined in the staff summary and its attachments, and authorizing the Mayor to sign the final plat and City/Subdivider Agreement when notified by the Development Review Board that all conditions have been met and documents are ready for recording.

 

Neil Gullickson, Development Case Manager, gave a brief presentation.  It was noted that the Land Development Code calls for 12 parking spaces, and there are currently 8 spaces provided.  The Planning and Zoning Commission determined that historically 8 spaces have been adequate at this location, and recommended approval.

 

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

 

D.

Consideration of PC SUB 2006-011:  A request from RB Homes LLC for tentative plat approval of Forest Springs Townhouse Subdivision Unit 2, containing 70 lots on 15.1 acres of land located at 1201 North Fourth Street, in the MR, Medium Residential zoning district.

 

 

RECOMMENDED ACTION:

The Planning and Zoning Commission recommends approving the tentative plat with the conditions outlined in the staff summary and its attachments, and authorizing the Mayor to sign the final plat and City/Subdivider Agreement when notified by the Development Review Board that all conditions have been met and documents are ready for recording.

 

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

 

Mark Sawyers, Community Development Department, provided brief comments on the plat request.

 

The vote was unanimous in favor.

 

9.       PUBLIC HEARINGS

 

A.

Consideration of Liquor License Application:  Peter A. Schepper, “Fratelli Pizza”, 119 W. Phoenix Avenue, Series 12, new license.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

The City Council has the option to:

 

 

 

(a)

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

 

 

(b)

Forward the application to the State with no recommendation; or

 

 

(c)

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 Kelty.  The motion passed on unanimous vote.

 

Peter Schepper, Co-Owner of Fratelli Pizza, gave a brief presentation in support of his application.

 

Sgt. Dan Musselman, Flagstaff Police Department, presented the results of his investigation and recommended the application be forwarded to the State with a recommendation for approval.

 

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

 

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

 

B.

Consideration of Liquor License Application:  Joseph G. Gams, “Blue Sage American Style Restaurant”, 200 East Route 66, Series 6, Person Transfer.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

The City Council has the option to:

 

 

 

(a)

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

 

 

(b)

Forward the application to the State with no recommendation; or

 

 

(c)

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 Haughey.  The motion passed on unanimous vote.

 

Mr. Joseph Gams, the applicant for Blue Sage American Style Restaurant, addressed the Council, beginning with a statement that he is hard of hearing.  Mr. Gams distributed to the Council copies of the following documents:

 

 

·         

State of Arizona Series 06 Liquor License for Code Three Tavern, Phoenix, Arizona, expired 01/31/02.

 

·         

State of Arizona Private Security Guard Agency License for The Protection Specialists, Ltd., Peoria, Arizona, expired 09/29/01.

 

·         

State of Arizona Private Security Guard Agency License for ACS Security and Consulting, Inc., Peoria, Arizona, expired 09/29/04.

 

·         

Department of the Treasury, Federal Firearms License, The Protection Specialists, Ltd., TPS Firearms and Training, (01- Dealer in Firearms), Phoenix, Arizona, expired 07/01/03.

 

·         

Department of the Treasury, Federal Firearms License, The Protection Specialists, Ltd., TPS Firearms and Training, (06- Manufacturer of Ammunition for Firearm), Phoenix, Arizona, expired 07/01/03.

 

·         

Various membership and volunteer identification cards.

 

·         

June 2006 and July 2006 volumes of Impact Magazine of Northern Arizona.

 

Mr. Gams provided written and verbal statements that he is a current active member of the Exchange Club of Flagstaff, president of the Northern Arizona Mortgage Lender Association, a member and Ambassador of the Flagstaff Chamber of Commerce, an affiliate member of the Northern Arizona Association of Realtors, a board member of the Higher Altitude Success Networking Group, a mortgage banker/broker with American Financial Resources, Inc., and CEO/Executive Publisher of Impact Magazine of Northern Arizona.

 

Mr. Gams described his restaurant, the Blue Sage American Style Restaurant, as an upper scale, relaxed dining experience with an ambiance set by blues and jazz music.  He said the restaurant is not being marketed as a bar, but he is seeking a Series 06 bar license because he plans to provide a large wine selection that his customers can purchase to take home.

 

Cheryl Coronado Gruton presented herself as a character witness for Mr. Gams.  Ms. Gruton stated she has lived in Flagstaff for over 22 years, is a Flagstaff business owner, and has known the applicant since April of 2006.  She met Joe Gams through the Higher Altitude Success Networking Group, and she advertises in his Impact Magazine.  She described Mr. Gams as possessing integrity, dependable, conscientious, committed to the community, and an active participant in the fundraising efforts of the Flagstaff Exchange Club.  He oversees the club’s distribution of funds to various programs in the community.  She stated her support of his liquor license application.

 

Councilmember Haughey asked Mr. Gams how long his Impact Magazine had been in existence.  Mr. Gams responded it is three months strong.  He added he just opened escrow on a home in Flagstaff, and is planning for his son to move here and attend high school.

 

Mr. Gams stated he owned the Code Three Tavern in Phoenix for approximately 1 1/2 years, but shut down the bar as well as his other three businesses when he was the victim of a shooting outside the bar.  At this time, he went through a divorce and period of depression.  He stated he had no other problems with the bar, apart from the shooting incident.

 

Sgt. Dan Musselman, Flagstaff Police Department, stated Mr. Gams’ application reveals a previous arrest for disorderly conduct in 1989, a DUI in 1991, a DUI in 1993, a charge of disorderly conduct in 1993, a bad checks charge in 2003, and a liquor violation as the owner of the bar in 2001.  Mr. Gams told Sgt. Musselman he was never convicted of any of these charges, but did pay fines or restitution on some of the charges.  When Mr. Gams was charged with disorderly conduct in 1989, he was also charged with resisting a peace officer.  In conducting further follow-up, two affidavits were located at the State Liquor Board from the City of Phoenix alleging delinquent taxes.  One affidavit dated November 11, 2001, alleged that the tax from October 2000 through June 2001, as well as liquor fees from the 1st, 2nd, and 3rd quarter of 2001 were more than 90 days past due.  The second affidavit dated January 31, 2002 alleged that taxes from January 2001 through August 2001, as well as the 4th quarter 2001 liquor fees were more than 90 days past due.  Mr. Gams told Sgt. Musselman that he had been shot in June of 2001 while escorting patrons off the property he was managing at the time, and had to shut down his operations, which could have caused his delinquency in filing taxes.  In the report from the Phoenix Police Department regarding the shooting incident, one witness indicated that Mr. Gams may have been drinking and became physically involved with the customer while escorting him off the property.  During the altercation, Mr. Gams’ firearm fell and he was ultimately shot with it by the suspect. 

 

Sgt. Musselman continued by stating that a disorderly conduct citation issued by the Scottsdale Police Department in 1993 indicated that Mr. Gams was escorted out of a bar after trying to fight with another customer.  A witness indicated that Mr. Gams had run from the bar when the police arrived, returned later and ran from the officer again, but was caught and was issued a citation for disorderly conduct.

 

The Flagstaff Police Department responded to a residence twice for disturbing the peace calls in September of 2005, and November of 2005.  One call involved a disagreement between Mr. Gams and Renee Roper over finances, and the other involved Mr. Gams being loud because he was upset about being struck in the face while at a bar earlier in the evening.  No enforcement action was taken on either of these calls.

 

Sgt. Musselman explained that Renee Roper, the restaurant’s manager, has completed the Alcohol Training Program conducted by the Arizona Department of Liquor License and Control.  State Liquor Agent Danny Thomas told Sgt. Musselman that he was not aware of any current investigations regarding the Blue Sage Restaurant, Mr. Gams or Ms. Roper.

 

In conclusion, Mr. Gams previous contacts/arrests by law enforcement are related to alcohol consumption, and to some extent, physical altercations.  He has resisted peace officers in the past, run from them, and has become involved in physical altercations with other bar patrons and customers.  His previous tax delinquencies were also of concern to Sgt. Musselman.  For these reasons, the Flagstaff Police Department is recommending denial of the application.

 

Councilmember Kelty noted that Mr. Gams’ failure to pay taxes from October of 2000 through June of 2001 cannot be attributed to his being shot in June of 2001.

 

Mr. Gams acknowledged he has had problems and made mistakes in the past, but they have been corrected.  He noted that none of the incidents mentioned above were felonies, or he would not have been able to obtain the licenses and certificates he has.  In responding to the liquor violation incident in 2001, Mr. Gams stated his bartender allowed an intoxicated patron to stay in the bar for 31 minutes, one minute over the allowable limit.  During the year and a half that he owned the bar, this was the only liquor violation.  Mr. Gams stated he had 50 employees in his security agency, providing high-risk protection for people, and he was a law-enforcement volunteer with the Paradise Valley Police Department.

 

Mr. Gams continued by saying he has made mistakes, corrected them, and was willing to tell the truth on his liquor license application.  His restaurant will be a good thing for the Flagstaff community, and for his family.  He is very active in the community and intends to make Flagstaff his home. 

 

Councilmember Kelty asked Mr. Gams if he pled guilty to any of the charges mentioned above.  Mr. Gams responded that he pled not guilty, paid a fine, and received supervision.  There were never any convictions. 

 

Vice-Mayor Overton expressed concerns regarding Mr. Gams delinquency in paying his taxes, including the number of months, number of quarters and number of years.  He asked if the taxes have since been cleared up and paid.  Mr. Gams responded that the only reason he was behind in paying his taxes was because he was shot, went through a divorce, and was unable to manage his businesses.

 

Vice-Mayor Overton noted that the taxes were delinquent up to a year and a half prior to the shooting incident.  He asked how the Council could be assured that he would clear the taxes that are still outstanding, and pay the taxes that will be owed to the City of Flagstaff if the license were approved.  Mr. Gams responded he is attempting to make a stable home base for his 10 year old son, he wants his magazine to be successful, he works with several of the realtors in town, so if he creates a bad name for himself through his restaurant, he will lose his credibility. It’s a very small town, so if he doesn’t pay his taxes, the City can shut down his business.  His involvement in the community proves he is here to stay.

 

Councilmember Haughey stated it was admirable that Mr. Gams is active in the community and he would make his decision based on the three conditions of capability, qualifications, and reliability.  He noted that Mr. Gams is beginning to demonstrate some of those traits, but is not confident that all three of those conditions have been met.  Mr. Gams responded that he is the president of Northern Arizona Mortgage Lenders Association, and he was given that position because he is able to manage the group and work well with it.  The group was mismanaged for the last two years, and he has been asked to rebuild the group.  He is on the board of the Higher Altitude Success Networking Group because they feel he can communicate well, has a good message, and has strength and management.  The Exchange Club asked him to be a board member because of his leadership and salesmanship abilities.  His security agency in Phoenix, which he had from 1997 through 2003, went from an operation of 1 employee to 50 employees in one year, and was a 2 million dollar plus revenue generating company.  He stated he must have some experience and knowledge to be able to manage things adequately.  He acknowledged that things can get out of hand when businesses grow too rapidly, or they are mismanaged, or you’re out of sight and unable to coordinate things appropriately.  He acknowledged that some of those things happened in his own businesses, but everyone makes mistakes.  What is important is if you can learn from it, and grow and expand.  He is here now trying to start his life over, using the concepts and principles he learned to do it right. 

 

Mr. Gams went on to say that “Joe’s Place”, had its place in the community as a college bar, but he turned that around to create a positive restaurant environment for adults to enjoy.  This way he can avoid the late night fights and the students overdrinking.  He expressed a desire to be the holder of the license so that he can create a safe, positive environment for his customers.  His customers have told him they love the venue, and that nothing in town is like it.

 

Councilmember Kelty congratulated Mr. Gams for the efforts he has made in rebuilding his life after the setbacks he experienced.  She stated that a liquor license is a privilege and the City is being asked to make a recommendation because it is responsible for the impact to the community.

Councilmember Kelty continued by stating she is concerned about the amount of disorderly conduct, and particularly the two incidents of disturbing the peace within the last year, which involved Mr. Gams and his manager, Renee Roper.  She sees a pattern of behavior that points to an inability to control emotion and handle stress in a manner that isn’t disruptive to the community.

 

Mr. Gams described himself and Ms. Roper as two people who love each other, are with each other every day, and share their feelings.  They live in a “paper-thin apartment”, the police came out because they were having a loud disagreement, and no arrest was made.  The second incident involved his being at the Cattle Baron’s bar where he was punched in the face by a drunk Native American, which caused him to be furious.

 

Councilmember Kelty stated she believes Mr. Gams is attempting to change his pattern of behavior, but is not comfortable that he would be able to properly handle a liquor license.

 

Mayor Donaldson stated he is concerned about the violence detailed by the Police Department’s report, particularly violence where liquor is present.  He quoted the following excerpt from Senior Assistant City Attorney Dana Kjellgren’s memo dated August 29, 2006:

 

 

“According to the information provided by Mr. Gams in the questionnaire which is part of the liquor license application, he has been the president of three corporations:  Side Bar Entertainment, Inc., ACS Security & Consulting, Inc., and The Protection Specialists, Ltd.  All three of these corporations were administratively dissolved by the Arizona Corporation Commission  (ACC) between December 2001 and June 2003 for failure to file required documents such as annual reports.  Additionally, records from the ACC indicate three bad checks submitted by ACS Security & Consulting, Inc. to the ACC.”

 

 

Mayor Donaldson stated this information weighs heavily upon his evaluation of Mr. Gams’ capabilities, qualifications and reliability.  The community demands that the City Council investigate, to the best of its ability, whether or not an individual has the ability to administer a liquor license.

 

Councilmember Swanson stated he would like to give Mr. Gams the benefit of the doubt, and that we all learn from our mistakes.  However, he will be voting to recommend denial because if something were to occur due to mismanagement, he would feel responsible.

 

Vice-Mayor Overton moved to close the public hearing, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

Councilmember Kelty moved to forward the application to the State with a recommendation for denial on the grounds that the applicant has not made a satisfactory showing of capability, qualifications, and reliability.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

10.     ORDINANCES AND RESOLUTIONS

 

B.

Consideration of Resolution No. 2006-55:  A resolution of the City Council of the City of Flagstaff, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled “2006 Amendments to the Personnel Policies of the City of Flagstaff”.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-55 by title only.

Adopt Resolution No. 2006-55.

 

Councilmember Haughey moved to read Resolution No. 2006-55 by title only, seconded by Vice-Mayor Overton.

 

Theresa Alvarado, Human Resources Director, reviewed the proposed changes to the Personnel Policies.

 

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

 

 

Resolution No. 2006-55

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled “2006 Amendments to the Personnel Policies of the City of Flagstaff”.

 

 

Councilmember Haughey moved to adopt Resolution No. 2006-55, seconded by Vice-Mayor Overton.  The motion passed on unanimous vote.

 

C.

Consideration of Ordinance No. 2006-21:  An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the “2006 Amendments to the Personnel Policies of the City of Flagstaff” by reference and declaring an emergency.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-21 for the first time by title only.

 

Councilmember Haughey moved to read Ordinance No. 2006-21 for the first time by title only.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2006-21

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the “2006 Amendments to the Personnel Policies of the City of Flagstaff” by reference and declaring an emergency.

 

 

D.

Consideration of Ordinance No. 2006-22:  An ordinance authorizing the disposition of real property in the vicinity of 511 South Lone Tree Road.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-22 for the first time by title only.

 

Councilmember Haughey moved to read Ordinance No. 2006-22 for the first time by title only, seconded by Councilmember Kelty.

 

Denny Birkland, Real Estate Manager, provided information regarding the proposed sale of real property.

 

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

 

 

Ordinance No. 2006-22

 

 

 

An ordinance authorizing the disposition of real property in the vicinity of 511 South Lone Tree Road.

 

 

E.

Consideration of Ordinance No. 2006-23:  An ordinance authorizing the disposition of four parcels of real property in the vicinity of 4th Street and Route 66.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-23 for the first time by title only.

 

Councilmember Swanson moved to read Ordinance No. 2006-23 for the first time by title only, seconded by Councilmember Kelty.

 

Denny Birkland, Real Estate Manager, gave a brief description of the real property in question.

 

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

 

 

Ordinance No. 2006-23

 

 

 

An ordinance authorizing the disposition of four parcels of real property in the vicinity of 4th Street and Route 66.

 

 

F.

Consideration of Resolution No. 2006-60:  A resolution authorizing the agreement between the City of Flagstaff and Arizona Board of Regents acting for and on behalf of Northern Arizona University concerning services to be provided by the Center for High Altitude Training.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-60 by title only.

Adopt Resolution No. 2006-60.

 

Councilmember Swanson moved to read Resolution No. 2006-60 by title only, seconded by Vice-Mayor Overton.

 

Elizabeth Neumayer, Parks and Recreation Director, provided details of the agreement.

 

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

 

 

Resolution No. 2006-60

 

 

 

A resolution authorizing the agreement between the City of Flagstaff and Arizona Board of Regents acting for and on behalf of Northern Arizona University concerning services to be provided by the Center for High Altitude Training.

 

 

Councilmember Swanson moved to adopt Resolution No. 2006-60.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

G.

Consideration of Resolution No. 2006-61:  A resolution of the Flagstaff City Council adopting a notice of intention to increase water and wastewater rates or rate components, fees or service charges and establishing a date for a public hearing on the proposed changes.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-61 by title only.

Adopt Resolution No. 2006-61.

 

Councilmember Haughey moved to read Resolution No. 2006-61 by title only, seconded by Vice-Mayor Overton.

 

Ron Doba, Utilities Director, provided information regarding the need to adopt the resolution.

 

During the ensuing discussion, it was requested that the topic of water impact fees be scheduled for Council discussion.  The public will need several opportunities to provide input.

 

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

 

 

Resolution No. 2006-61

 

 

 

A resolution of the Flagstaff City Council adopting a notice of intention to increase water and wastewater rates or rate components, fees or service charges and establishing a date for a public hearing on the proposed changes.

 

 

Councilmember Swanson moved to adopt Resolution No. 2006-61, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

 

H.

Consideration of Resolution No. 2006-62:  A resolution of the City Council of the City of Flagstaff, Arizona, regarding partnership with the National League of Cities in working towards inclusive communities and affirming the City of Flagstaff’s commitment to promoting inclusion in our community.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-62 by title only.

Adopt Resolution No. 2006-62.

 

Councilmember Haughey moved to read Resolution No. 2006-62 by title only, seconded by Councilmember Kelty.

 

Theresa Alvarado, Human Resources Director, provided a brief overview of the National League of Cities initiative to promote inclusion in Arizona’s communities.

 

The Council discussed the intention and objectives of the resolution, and debated the necessity of adopting the resolution in question.

 

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

 

 

Resolution No. 2006-62

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, regarding partnership with the National League of Cities in working towards inclusive communities and affirming the City of Flagstaff’s commitment to promoting inclusion in our community.

 

 

Councilmember Haughey moved to adopt Resolution No. 2006-62.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.

 

I.

Consideration of Resolution No. 2006-63:  A resolution amending Resolution No. 1500 to conform with State law regarding appointment and terms of Flagstaff Housing Authority Commissioners.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-63 by title only.

Adopt Resolution No. 2006-63.

 

and

 

Appoint the Mayor as a Flagstaff Housing Authority Commissioner.

 

Councilmember Haughey moved to read Resolution No. 2006-63 by title only, seconded by Vice-Mayor Overton.

 

Dana Kjellgren, Senior Assistant City Attorney, explained the need to amend Resolution No. 1500.

 

Bruce Kennedy, Chairman of the Flagstaff Housing Authority, expressed his concerns that the City’s proposed ordinance conflicts with State and Federal statutes and the Federal Quality Housing and Work Responsibility Act of 1998.  He felt the Mayor’s appointment would eliminate the open resident seat.

 

Ms. Kjellgren responded that the ordinance does not conflict with State or Federal statutes as the board is not limited to five members, and that the Mayor can ensure there remains a resident seat. 

 

Vice-Mayor Overton moved to recess into Executive Session for legal advice regarding Resolution No. 2006-63, seconded by Councilmember Kelty.  The motion passed on unanimous vote.

 

The Council Meeting reconvened at 9:30 p.m.

 

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

 

 

Resolution No. 2006-63

 

 

 

A resolution amending Resolution No. 1500 to conform with State law regarding appointment and terms of Flagstaff Housing Authority Commissioners.

 

 

Councilmember Haughey moved to adopt Resolution No. 2006-63.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

 

Councilmember Swanson declared a conflict of interest and did not enter into the discussion of appointing the Mayor as a commissioner to the Flagstaff Housing Authority.

 

Vice-Mayor Overton moved to appoint Mayor Donaldson as a voting commission member of the Flagstaff Housing Authority, with the ability to appoint a chair and vice-chair according to Resolution No. 2006.63.  The motion was seconded by Councilmember Haughey and passed on unanimous vote with Councilmember Swanson excused from the vote due to a conflict of interest.

 

11.     OTHER BUSINESS

 

(No items were submitted.)

 

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

 

Councilmember Kelty requested that Council Meetings following a three-day holiday begin at 4:00 p.m. instead of 6:00 p.m., and that Executive Session begin at 2:00 p.m.  She requested beginning this new schedule with the next Monday holiday.

 

Councilmember Swanson requested a Work Session be scheduled to provide Council an update on broadband wireless internet.

 

13.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 9:36 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 September 5, 2006.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 20th day of September, 2006.

 

 

 

 

                                                                         

CITY CLERK