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

November 7, 2006

6:00 p.m.

A Meeting of the Flagstaff City Council was held on November 7, 2006 convening at 6:05 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

Mayor Donaldson 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 Overton

Councilmember Cooper

Councilmember Haughey

Councilmember Kelty

Councilmember Swanson

Councilmember White

Also present were:

City Manager, Dave Wilcox

City Attorney, Patricia Boomsma

4.       MINUTES

A.

Consideration of Minutes: Regular Council Meeting of October 17, 2006

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

Councilmember Haughey moved to approve the Minutes as submitted, seconded by Councilmember Cooper. The vote was unanimous in favor.

5.        PUBLIC PARTICIPATION

None.

6.       CONSENT – GENERAL

A.

Consideration of Authorization to Enter Into Settlement and Release Agreement and Stipulation for Entry of Stipulated Judgment:  City of Flagstaff v. W. L. Gore & Associates, et al.

RECOMMENDED ACTION:

Authorize the Mayor to execute the Settlement and Release Agreement and authorize Ayers & Brown, P.C., to execute the Stipulation for Entry of Stipulated Judgment settling the condemnation action filed in the Coconino County Superior Court for the acquisition of fee interests, a slope easement, a drainage easement, and a temporary construction easement as described in Exhibits 1 through 6 of the Settlement and Release Agreement.

B.

Consideration of Confirming Purchase:  Holiday light display and décor.

RECOMMENDED ACTION:

Approve confirming payment of an additional $6,337.69 to Christmas Light Decorators for the inclusion of “Area Three-South Downtown”.

C.

Consideration of Confirming Payments and Payment of Additional Attorneys Fees:  Cable franchise negotiations.

RECOMMENDED ACTION:

(1) Approve payments made to Miller & Van Eaton for additional time and expenses incurred to date; and (2) approve additional expenditure authority in an amount not to exceed $50,000.000.

D.

Consideration of Expenditure Authority:  Legal fees.

RECOMMENDED ACTION:

Approve expenditure authority to Gammage and Burnham in an amount not to exceed $200,000.00 for various City housing and economic programs.

Councilmember Kelty moved to approve the Consent-General Calendar with the exception of Item A. The motion was seconded by Councilmember Swanson and passed on unanimous vote.

Returning on Item 6A, Vice-Mayor Overton moved to table, seconded by Councilmember Cooper. The vote was unanimous in favor.

7.      CONSENT – CONTRACTUAL

A.

Consideration of Annual Bid:  Black cinders.

RECOMMENDED ACTION:

Approve the bid from Glory Enterprises, LLC, at a price of $5.00 per ton, plus applicable tax.

B.

Consideration of Consulting Service Agreement: Architectural, engineering, and construction management for the northern Arizona science and technology incubator project.

RECOMMENDED ACTION:

Approve the agreement with Johnson Walzer & Associates in an amount not to exceed $530,000.00, including reimbursable items.

C.

Consideration of Service Agreement:  Northern Arizona Technology and Business Incubator.

RECOMMENDED ACTION:

Approve the agreement with the Northern Arizona Technology and Business Incubator in the amount of $148,000.00 for FY2007; $220,000.00 for FY2008; and $228,800.00 annually thereafter through FY2011.

D.

Consideration of Design Phase Services Construction-Manager-at-Risk (CMAR) Contract:  Water source development project.

RECOMMENDED ACTION:

(1) Approve the CMAR contract with Layne Christensen Company in the amount of $27,965.00, which includes a guaranteed maximum price proposal with guaranteed maximum construction service fees not to exceed 15% of the project cost; and (2) authorize the City Manager to execute the necessary documents.

E.

Consideration of Reimbursable Agreement:  Pulliam Airport Master Plan Improvements, Runway 3-21 extension and safety area project.

RECOMMENDED ACTION:

Approve the agreement with the Federal Aviation Administration in the amount of $18,950.00 and authorize the City Manager to execute the necessary documents.

F.

Consideration of Grant Agreement:  Driving or operating under the influence abatement for DUI abatement.

RECOMMENDED ACTION:

Approve the grant agreement with the Oversight Council on Driving or Operating Under the Influence Abatement for DUI Enforcement and authorize acceptance of the grant funds in the amount of $26,400.00.

G.

Consideration of Intergovernmental Agreement:  Coconino County Free Library Tax District.

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County.

H.

Consideration of Intergovernmental Agreement:  Fire protection and emergency medical services.

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Lockett Ranches Fire District.

Councilmember Haughey moved to approve the Consent-Contractual Calendar with the exception of Items C and D. The motion was seconded by Councilmember White and passed on unanimous vote.

Returning to Item 7C, Councilmember Haughey moved to accept the recommended action, seconded by Councilmember White.

Michael Kerski noted that at Item 3.4 in the contract, the term “grant agreement” should replace the phrase “grant application”.

Councilmember Haughey moved to include the amendment in his motion, seconded by Vice-Mayor Overton. The vote was unanimous in favor. 

Returning to Item 7D Councilmember Cooper moved to approve the motion, seconded by Councilmember Kelty. The vote was unanimous in favor.

8.      BOARDS AND COMMISSIONS

No items were submitted.

9.       PUBLIC HEARINGS

A.

Consideration of Liquor License Application:  José R. Acosta, “Tacos Los Altos”, 3650 E. Route 66, 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 Haughey moved to open the public hearing, seconded by Vice-Mayor Overton. The motion passed on unanimous vote.

Jose R. Acosta, co-owner of Tacos Los Altos, commented that he opened his business two months ago. He has had a license in a previous operation and will lose this business if he doesn’t receive this license.

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.

Councilmember Haughey moved to close the public hearing. The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

Councilmember Haughey 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.

10.     ORDINANCES AND RESOLUTIONS

A.

Consideration of Ordinance No. 2006-25:  An ordinance of the City Council of the City of Flagstaff, Arizona amending Title 3 of the Flagstaff City Code and adopting by reference new Chapter 3.09 regarding the grant, modification, renewal, transfer and regulation of cable licenses.

RECOMMENDED ACTION:

Read Ordinance No. 2006-25 for the final time by title only.

Adopt Ordinance No. 2006-25.

Vice-Mayor Overton moved to read Ordinance No. 2006-25 for the final time by title only, seconded by Councilmember White. The motion passed on unanimous vote and title was read as follows:

Ordinance -No. 2006-25

An ordinance of the City Council of the City of Flagstaff, Arizona amending Title 3 of the Flagstaff City Code and adopting by reference new Chapter 3.09 regarding the grant, modification, renewal, transfer and regulation of cable licenses.

Councilmember Haughey moved to adopt Ordinance No. 2006-25. The motion was seconded by Councilmember White and passed on unanimous vote.

B.

Consideration of Resolution No. 2006-72:  A resolution authorizing the City of Flagstaff (“City”) to enter into a cable services license agreement, a broadband network agreement (“Citynet Agreement”) and a letter agreement with NPG Cable of Arizona, Inc. (“NPG”).

RECOMMENDED ACTION:

Read Resolution No. 2006-72 by title only.

Adopt Resolution No. 2006-72.

Councilmember White moved to read Resolution No. 2006-72 by title only, seconded by Councilmember Swanson.

Deputy City Manager Jeri Dustir explained a housekeeping item consisting of a number of irregularities in the broadband network agreement that will be corrected prior to signature. The broadband network agreement, Page 3 Section (aa) Line 2 should be amended to delete the words “and City”. The broadband network agreement, at Page 14, Section E, twelfth line should be amended to delete the word “consecutive”.

Councilmember White moved to approve the amendment, seconded by Vice-Mayor Overton. The vote was unanimous in favor.

The motion to read passed unanimously and title was read as follows:

Resolution No. 2006-72

A resolution authorizing the City of Flagstaff (“City”) to enter into a cable services license agreement, a broadband network agreement (“Citynet Agreement”) and a letter agreement with NPG Cable of Arizona, Inc. (“NPG”).

Councilmember Cooper moved to adopt Resolution No. 2006-72, seconded by Vice-Mayor Overton. The motion passed on unanimous vote.

C.

Consideration of Resolution No. 2006-70:  A resolution designating the document known as the “Engineering Design and Construction Standards and Specifications, 2006 Edition” as a public record.

RECOMMENDED ACTION:

Read Resolution No. 2006-70 by title only.

Adopt Resolution No. 2006-70.

Councilmember White moved to read Resolution No. 2006-70 by title only, seconded by Councilmember Swanson. The motion passed on unanimous vote. Councilmember Swanson was absent from the room. Title was read as follows:

Resolution No. 2006-70

A resolution designating the document known as the “Engineering Design and Construction Standards and Specifications, 2006 Edition” as a public record.

Councilmember Haughey moved to adopt Resolution No. 2006-70, seconded by Councilmember White. The motion passed on unanimous vote. Councilmember Swanson was absent from the room.

D.

Consideration of Ordinance No. 2006-26:  An ordinance adopting the Engineering Design and Construction Standards and Specifications, 2006 Edition.

RECOMMENDED ACTION:

Read Ordinance No. 2006-26 for the first time by title only.

Vice-Mayor Overton moved to read Ordinance No. 2006-26 for the first time by title only, seconded by Councilmember Cooper.

Vice-Mayor Overton moved to approve the amendment to strike the date from the seventh “whereas” cause in Ordinance No. 2006-26, seconded by Councilmember White. The motion passed on unanimous vote.

The motion to read passed on unanimous vote. Councilmember Swanson was absent from the room. Title was read as follows:

Ordinance No. 2006-26

An ordinance adopting the Engineering Design and Construction Standards and Specifications, 2006 Edition.

E.

Consideration of Ordinance No. 2006-27:  An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the 2006 Revisions to Title 7 of the Flagstaff Water and Wastewater Code to update system capacity fees, user fees, service fees and provide for a water resource development fee.

RECOMMENDED ACTION:

Read Ordinance No. 2006-27 for the final time by title only.

Adopt Ordinance No. 2006-27.

Councilmember Cooper moved to read Ordinance No. 2006-27 for the final time by title only, seconded by Councilmember White.

During a discussion of the water development fee, Councilmembers were divided. Some cited reasons against the fee, stating that:

·    

The water development fee would lump things together rather than spread them out among all the users.

·    

Fees continue to be added that incorporate more costs into a project which impacts user groups and new buy-ins.

Other Councilmembers felt that:

·    

Money that is saved is not necessarily passed along.

·    

The water development fee is to grow and not to maintain the current system

·    

The benefits are passed on to the benefiting party and not to everyone else.

·    

The voters understood what they were voting for.

·    

New development should pay for some of the services.

·    

The fee is reasonable.

Councilmember Haughey moved to delete Section 7 relating to the water development fee and to spread the cost of the water acquisition among all the users in the community. The motion was seconded by Vice-Mayor Overton.

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

Mayor Donaldson

Vice-Mayor Overton

Councilmember Cooper

Councilmember Haughey

Councilmember Kelty

Councilmember Swanson

Councilmember White

Nay

Aye

Nay

Aye

Nay

Nay

Nay

The motion to read passed on majority roll call vote as follows:

Mayor Donaldson

Vice-Mayor Overton

Councilmember Cooper

Councilmember Haughey

Councilmember Kelty Aye

Councilmember Swanson

Councilmember White

Aye

Nay

Aye

Nay

Aye

Aye

Aye

The title was read as follows:

Ordinance No. 2006-27

An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the 2006 Revisions to Title 7 of the Flagstaff Water and Wastewater Code to update system capacity fees, user fees, service fees and provide for a water resource development fee.

Councilmember White moved to adopt Ordinance No. 2006-27, seconded by Councilmember Cooper. The motion passed on a split vote with Mayor Donaldson, Councilmembers Cooper, Kelty, Swanson, and White voting in favor and Vice-Mayor Overton and Councilmember Haughey  voting against.

F.

Consideration of Ordinance No. 2006-28:  An ordinance rezoning approximately 5.03 acres of land located at 2500 South Woody Mountain Road from RR, Rural Residential District, to HR, High Density Residential District.

RECOMMENDED ACTION:

Read Ordinance No. 2006-28 for the first time by title only.

Councilmember White moved to read Ordinance No. 2006-28 for the first time by title only, seconded by Councilmember Haughey.

Jim Cronk, Development Services Director, said that the project provides connectivity to the east for future development with a resource protection of 30%. Both this and the future phase will be incorporated into the homeowners association.

As the Council discussed the project, it was noted that developers seeking rezoning should be put on notice about the Council’s expectations on affordability.

The motion passed on a split vote with Mayor Donaldson, Vice-Mayor Overton, Councilmembers Cooper, Haughey, Kelty and White voting in favor and Councilmember Swanson voting against. Title was read as follows:

Ordinance No. 2006-28

An ordinance rezoning approximately 5.03 acres of land located at 2500 South Woody Mountain Road from RR, Rural Residential District, to HR, High Density Residential District.

G.

Consideration of Ordinance No. 2006-29:  An ordinance dedicating City of Flagstaff land as a public right of way at the Flagstaff Pulliam Airport Airpark.

RECOMMENDED ACTION:

Read Ordinance No. 2006-29 for the first time by title only.

Councilmember White moved to read Ordinance No. 2006-29 for the first time by title only, seconded by Councilmember Cooper. The motion passed on unanimous vote and the title was read as follows:

Ordinance No. 2006-29

An ordinance dedicating City of Flagstaff land as a public right of way at the Flagstaff Pulliam Airport Airpark.

H.

Consideration of Ordinance No. 2006-31:  An ordinance amending rezoning Ordinance No. 2006-13 to correct the legal descriptions attached to Ordinance No. 2006-13, and declaring an emergency.

RECOMMENDED ACTION:

Read Ordinance No. 2006-31 for the first time by title only.

This item was withdrawn.

I.

Consideration of Ordinance No. 2006-32:  An ordinance of the City of Flagstaff adding Sections 06-10-001-0001 and 06-10-001-0002 to the Flagstaff City Code relating to the sale of products containing ephedrine or pseudoephedrine.

RECOMMENDED ACTION:

Read Ordinance No. 2006-32 for the first time by title only.

Ordinance No. 2006-32

An ordinance of the City of Flagstaff adding Sections 06-10-001-0001 and 06-10-001-0002 to the Flagstaff City Code relating to the sale of products containing ephedrine or pseudo ephedrine.

The Council did not discuss this item.

J.

Consideration of Ordinance No. 2006-33:  An ordinance approving an agreement with Coconino County for a temporary easement for water well exploration and option to purchase perpetual production water well easement at Ft. Tuthill.

RECOMMENDED ACTION:

Read Ordinance No. 2006-33 for the first time by title only.

Vice-Mayor Overton moved to read Ordinance No. 2006-33 for the first time by title only, seconded by Councilmember Cooper. The vote was unanimous in favor and the title was read as follows:

Ordinance No. 2006-33

An ordinance approving an agreement with Coconino County for a temporary easement for water well exploration and option to purchase perpetual production water well easement at Ft. Tuthill.

K.

Consideration of Resolution No. 2006-74:  A resolution approving a cooperative funding agreement between the City of Flagstaff (“City”) and the Guidance Center, Inc. (“Guidance Center”) for the establishment, operation, and maintenance of an intake triage unit for the initial detoxification treatment and care of publicly intoxicated persons.

RECOMMENDED ACTION:

Read Resolution No. 2006-74 by title only.

Adopt Resolution No. 2006-74.

Councilmember Haughey moved to read the Resolution No. 2006-74 by title only. The motion was seconded by Councilmember Cooper.

During discussion, the Council expressed concerns that the Guidance Center has already started construction. The Guidance Center can use any part of the City contribution for construction related activities during year one and any abnormality will be reported to the Council. There was agreement that the Center should confer with the Council about reassigning money to other activities.

Frequent construction updates will be provided to the Council

Councilmember White moved to table Resolution No. 2006-74. The motion was seconded by Councilmember Kelty. The vote was unanimous in favor.

11.     OTHER BUSINESS

A.

Consideration of City Council Retreat Dates and Topics, Candidates for Interim/Acting City Manager and Interview Schedule, and Process for Recruitment of Permanent City Manager.

RECOMMENDED ACTION:

Due to the nature of this item, staff has no recommendation.

Dave Latshaw commented that three things need to be accomplished.  The first has to do with recruitment for an Acting City Manager; the second is to establish dates for interviews and retreats; and the third is to compile the answers to the surveys. The current identified candidates for Acting City Manager are Dick Bowers, John Holmes, and Terry Zerkle; and profiles of each candidate will be provided to the Council.

During the Council discussion, Mr. Latshaw and the Council agreed that:

·   

The Acting City Manager candidates interviews will be scheduled for Friday, December 8, beginning at 8:00 A.M. with the understanding that the Mayor will be out of town.

·   

The interviews will be conducted in executive session and the candidates will be notified of their right to have their interviews conducted in an open meeting.

·   

Retreat dates will be Thursday, December 14, and Friday, December 15 with the retreat to be a Council only retreat.

·   

A parallel path for the Council process and for public participation will occur.

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

Council congratulated Councilmember Cooper for being nominated for the Athena award.

13.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 8:16 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 November 7, 2006.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 6th day of December 2006.

CITY CLERK