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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 6, 2007

6:00 p.m.

 

 

A Meeting of the Flagstaff City Council as held on February 6, 2007, convening at 6:09 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

 

Vice-Mayor Overton asked those present to stand for the Pledge of Allegiance.

 

 

2.      INVOCATION

 

Vice-Mayor Overton 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:

 

 

 

Interim City Manager, John Holmes

City Attorney, Patricia Boomsma

 

 

4.       MINUTES

 

 

A.

Consideration of Minutes: Regular Council Meeting of January 2, 2007.

 

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

 

 

Vice-Mayor Overton moved to accept the minutes as submitted, seconded by Councilmember Haughey.   The motion was unanimous in favor.

 

 

5.        PUBLIC PARTICIPATION

 

 

None.

 

 

6.       CONSENT – GENERAL

 

 

A.

Consideration of Authority to Increase Contract Amount:  Legal services for telecommunications.

 

 

 

RECOMMENDED ACTION:

Authorize an additional increase to Miller & Van Eaton, P.L.L.C., in the amount of $17,500.00.

 

 

Councilmember Haughey moved to approve the recommended action, seconded by Councilmember Cooper. The motion passed on unanimous vote.

 

 

7.      CONSENT – CONTRACTUAL

 

 

A.

Consideration of Bids:  Parks fencing.

 

 

 

RECOMMENDED ACTION:

Approve the bid from Buffalo Fencing Company in the amount of $24,390.64, plus applicable tax.

 

 

B.

Consideration of Bids:  Gateway and directional signs.

 

 

 

RECOMMENDED ACTION:

Approve the bid from F & N Enterprises, doing business as SmithCraft, and Northern Arizona Signs, in an amount not to exceed $97,200.00.

 

 

C.

Consideration of Bids:  Website for the Convention and Visitors’ Bureau.

 

 

 

RECOMMENDED ACTION:

Approve the bid from Carver Letcher Miller Incorporated, doing business as CLM Design in the amount of $30,948.50, plus a 10% contingency for unanticipated services.

 

 

D.

Consideration of Renewal of Out-of-City Water Use Agreement:  Mary’s Café.

 

 

 

RECOMMENDED ACTION:

Approve renewal of the out-of-city water use agreement with Mary’s Café.

 

 

E.

Consideration of Amendment to Agreement:  Dispatch services.

 

 

 

RECOMMENDED ACTION:

Approve the amendment to the agreement with Flagstaff Medical Center at a rate of $410.95 per day to the City.

 

 

F.

Consideration of Annual On-Call Service Agreements:  Engineering, surveying, geotechnical, architectural, and landscape architecture.

 

 

 

RECOMMENDED ACTION:

(1)

Approve nineteen agreements, each not to exceed $250,000.00 per year, as follows:

 

 

 

 

 

(a)

Arizona Engineering Company; The WLB Group, Inc.; Shephard Wesnitzer, Inc.; Woodson Engineering & Surveying, Inc.; Plateau Engineering, Inc.; Carter & Burgess, Inc.; Turner Engineering, Inc.; and Rothberg Tamburini & Winsor, Inc., for engineering consulting services;

 

 

 

 

(b)

Arizona Engineering Company; Engineering and Environmental Consultants, Inc.; Turner Engineering, Inc.; Woodson Engineering  Surveying, Inc.; and Stantec Consulting, Inc., for surveying consulting services;

 

 

 

 

(c)

Ninyo & Moore, and Speedie & Associates, Inc., for geotechnical engineering consulting services.

 

 

 

 

(d)

Johnson Walzer Associates, LLC; and Stantec Consulting, Inc., for architectural engineering consulting services; and

 

 

 

 

(e)

Urban Earth Design; and Sherman Group, Inc., for  landscape architecture consulting services; and

 

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

G.

Consideration of Intergovernmental Agreement:  Sustainable building program.

 

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County in the amount of $25,000.00.

 

 

H.

Consideration of Intergovernmental Agreement:  Rural environment corps for joint fire activities.

 

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County on the basis of in-kind payment through training, and/or project assistance on County land from the Flagstaff Fire Department fuel crew.

 

 

Taking Item7E first, Councilmember Cooper moved to approve the recommended action, seconded by Councilmember White.

 

 

Dana Kjellgren, Senior Assistant City Attorney, stated that the parties involved in the dispatch agreement are requesting a 60-day extension for further negotiations.

 

 

Councilmember Kelty asked for an update on the three additional dispatch positions allocated by the Council two years ago.

 

 

The motion passed on unanimous vote.

 

 

Returning to the Consent Contractual Calendar, Councilmember Haughey moved to approve the Consent-Contractual Calendar with the exception of Items 7F and 7G.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

 

 

Returning to Item 7F, Councilmember Haughey moved to approve the recommended action, seconded by Councilmember Cooper.

 

 

Rick Barrett, Community Improvements Director, agreed with Vice-Mayor Overton’s assessment that under the provisions of these agreements, specific services would not need Council approval unless the service would cause the contract to exceed its $250,000.00 limit.

 

 

Councilmembers expressed concerns that, while not anticipated, it is possible that 19 contracts utilized to their limit of $250,000.00 each, would tie up a lot of money on projects that may or may not be in the work “queue” for five or ten years.  It was noted that Council would only see specific consultant agreements if they were for very large projects, such as the 4th Street Railroad Overpass.

 

 

Mark Landsiedel, Community Development Director, stated that all Capital Improvement contracts are reviewed by Council when approving the budget for the five-year capital plan.  These contracts will not authorize expenditures that have not been approved in the budget process.

 

 

The motion to approve passed on unanimous vote.

 

 

Returning to Item 7G, Councilmember Cooper moved to approve the recommended action, seconded by Vice-Mayor Overton.

 

 

During Council discussion, the following arguments were cited as reasons to reject the intergovernmental agreement.

 

 

 

·    

It is preferable to invest in a City staff member who would be accessible in City Hall.

 

 

·    

The agreement is “a day late and a dollar short”.

 

 

·    

More time is needed to seek additional partners, including Northern Arizona University.

 

 

·    

This is not the correct vehicle for moving forward with a sustainable building program.

 

 

·    

The joint City/County program has been stalled these past two years, and it’s time to redirect the program funds.

 

 

The motion failed on roll call vote as follows:

 

 

 

Mayor Donaldson

Nay

 

 

Vice-Mayor Overton

Aye

 

 

Councilmember Cooper

Nay

 

 

Councilmember Haughey

Nay

 

 

Councilmember Kelty

Nay

 

 

Councilmember Swanson

Aye

 

 

Councilmember White

Nay

 

 

8.      BOARDS AND COMMISSIONS:

 

 

(No items were submitted.)

 

 

9.       PUBLIC HEARINGS

 

 

A.

Consideration of Liquor License:  Sherrie Padilla, “Varsity Gasser”, 1020 So. Milton Rd., Series 10, 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.

 

 

The item was withdrawn by the applicant.

 

 

B.

Consideration of Resolution No. 2007-10:  A resolution of the City Council of the City of Flagstaff, Arizona (“City”), declaring as a public record “The Flagstaff Townsite Historic District Design Standards and Guidelines” (“FTHD Guidelines”).

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-10 by title only.

Adopt Resolution No. 2007-10.

 

 

Councilmember Kelty moved to read Resolution No. 2007-10 by title only, seconded by Councilmember Cooper.

 

 

Karl Eberhard, Urban Planner explained that the proposed design standards and guidelines implement the Regional Plan policies, meet other obligations and expectations of the City, and meet the designation and application criteria.

 

 

He stated that a sticking point is the allowable height of accessory structures.  The Regional Plan calls for development standards for accessory structures; and, while allowing them, it strives to protect neighborhood character.

 

 

The following individuals spoke in favor of the resolution:

 

 

 

Roy Lippman, Flagstaff resident

 

 

Pat Loven, Flagstaff resident

 

 

Charlie Silver, Flagstaff resident

 

 

Reasons given in support of the resolution were:

 

 

 

·      

The character and aesthetics of the neighborhood will be preserved.

 

 

·      

Property values will be protected or enhanced.

 

 

·      

The grassroots effort has diligently followed the proper process for the past two years.

 

 

·      

Only a minority of homeowners oppose the height limitations for accessory structures.

 

Councilmembers supporting the resolution gave the following reasons:

 

 

 

·      

Neighborhoods have the right to determine their future and save themselves.

 

 

·      

It is a commendable grassroots effort to improve a treasured neighborhood.

 

 

·      

The guidelines have been well thought out and thoroughly researched.

 

 

·      

Staff successfully demonstrated how commercial businesses could fit in a historic district.

 

 

·      

There are exception and appeal processes within the guidelines.

 

 

Councilmembers who opposed the resolution did so because:

 

 

 

·       

A couple of issues have not been completely resolved and more compromise is needed.

 

 

·       

Property owners should have the right to develop their property to a certain point, in keeping with the neighborhood.

 

 

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

 

 

 

Resolution No. 2007-10

 

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona (“City”), declaring as a public record “The Flagstaff Townsite Historic District Design Standards and Guidelines” (“FTHD Guidelines”).

 

 

 

Councilmember White moved to adopt Resolution No. 2007-10, seconded by Councilmember Kelty. The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Kelty, Swanson, and White in favor, and Councilmember Haughey opposed.

 

 

C.

Consideration of Public Hearing on Designation of the Flagstaff Townsite Neighborhood District as an Historic Design Review Overlay Zone and Consideration of Ordinance No. 2007-16:  An ordinance of the City Council of the City of Flagstaff, Arizona, designating the Flagstaff Townsite Neighborhood District as an Historic Design Review Overlay Zone (“THDRO”) with specific geographical boundaries as delineated on the attached map, and adopting by reference the Flagstaff Townsite Historic District Design Standards and Guidelines (“FTHD Guidelines”).

 

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Read Ordinance No. 2007-16 for the first time by title only.

 

 

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

 

 

The following individuals spoke in opposition to the overlay:

 

 

 

Paul Turner, Flagstaff resident

 

 

Kathryn  Willis, Flagstaff resident

 

 

Jerry Harris, Flagstaff resident

 

The following arguments were submitted as reasons to reject the overlay zone:

 

 

 

·      

Individual rights of the homeowners would be limited or restricted.

 

 

·      

The ordinance lacks an appeal process, it supersedes all other City laws, and is buried under the Land Development Code.

 

 

·      

The guidelines are confusing regarding primary and secondary structures.

 

 

·      

Height limitations on secondary structures could be increased while still meeting the intent of the guidelines.

 

 

·      

Houses in this district are not like the stately old homes in Prescott’s historic districts.

 

 

·      

The majority of the properties in question are rentals.

 

 

·      

Property values will decrease due to the cost of maintaining the original design of the homes.

 

 

In favor of the overlay zone were:

 

 

 

·       

Roabie Johnson, Flagstaff resident

 

 

·       

Peter Friederici, Flagstaff resident

 

 

·       

Duffie Westheimer, Flagstaff resident

 

 

Reasons cited in support of the overlay zone were:

 

 

 

·       

Houses in the district are unusually close together by today’s standards, causing second stories to block sunlight and views, and reduce privacy.

 

·       

Height restrictions were one of the main objectives in seeking an overlay.

 

·       

Altering the guidelines at the urging of a few - while 134 neighbors voted in favor of the guidelines - would not be a compromise; it would gut the intent of the overlay zone.

 

Councilmember Kelty moved to recess into Executive Session for legal advice.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

 

The Council Meeting reconvened at 7:18 p.m.

 

There being no more public input, Councilmember Haughey moved to close the public hearing, seconded by Vice-Mayor Overton.  The motion passed on unanimous vote.

 

 

Councilmembers voting in opposition to establishing the overlay felt that:

 

 

 

(1) The Land Development Code is the place to prevent future structural non-compliance; (2) another layer of zoning regulations would be a disadvantage to the neighborhood; (3) private property rights would be infringed upon; (4) the guidelines need more work to ensure there will not be liabilities to the City or to the citizens; and (5) they are not in line with “highest and best use” practices.

 

 

Councilmembers voting in favor of the overlay noted that:

 

 

 

(1) The proposed overlay supports the goals of the 2020 Visioning Plan as well as the Regional Plan for preserving Flagstaff’s historic areas; (2) neighborhoods have the right to determine their own destinies, and the residents polled were in favor of the district by a 4 to 1 margin; (3) if the City considered only “highest and best use” practices, which are usually based on land value, the City would have no parks, open space, or churches; and (4) the rights of the homeowners whose property value and quality of life are being impacted by encroaching second stories need to be considered.

 

 

Councilmember Cooper moved to read Ordinance No. 2007-16 for the first time by title only, seconded by Councilmember Kelty.  The motion passed on majority roll call vote as follows:

 

 

 

Mayor Donaldson

Aye

 

 

Vice-Mayor Overton

Nay

 

 

Councilmember Cooper

Aye

 

 

Councilmember Haughey

Nay

 

 

Councilmember Kelty

Aye

 

 

Councilmember Swanson

Aye

 

 

Councilmember White

Aye

 

 

Title was read as follows:

 

 

 

Ordinance No. 2007-16

 

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, designating the Flagstaff Townsite Neighborhood District as an Historic Design Review Overlay Zone (“THDRO”) with specific geographical boundaries as delineated on the attached map, and adopting by reference the Flagstaff Townsite Historic District Design Standards and Guidelines (“FTHD Guidelines”).

 

 

 

10.     ORDINANCES AND RESOLUTIONS

 

 

A.

Consideration of Ordinances:  Amending the Flagstaff City Code pertaining to boards and commissions for the purpose of changing the role of City Councilmembers as non-voting, ex-officio members, defining a quorum, and providing for housekeeping changes, where needed.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-02 for the final time by title only.

Adopt Ordinance No. 2007-02

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-03 for the final time by title only.

Adopt Ordinance No. 2007-03

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-04 for the final time by title only.

Adopt Ordinance No. 2007-04.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-05 for the final time by title only.

Adopt Ordinance No. 2007-05.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-06 for the final time by title only.

Adopt Ordinance No. 2007-06.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-07 for the final time by title only.

Adopt Ordinance No. 2007-07.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-08 for the final time by title only.

Adopt Ordinance No. 2007-08.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-09 for the final time by title only.

Adopt Ordinance No. 2007-09.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-10 for the final time by title only.

Adopt Ordinance No. 2007-10.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-11 for the final time by title only.

Adopt Ordinance No. 2007-11.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-12 for the final time by title only.

Adopt Ordinance No. 2007-12.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-17 for the final time by title only.

Adopt Ordinance No. 2007-17.

 

 

Vice-Mayor Overton moved to read Resolution No. 2007-02 for the final time by title only, seconded by Councilmember Swanson.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.  Tile was read as follows:

 

 

 

Ordinance No. 2007-02

 

 

 

 

An ordinance amending Chapter 2-16, Section 2-16-001-0002 of the Flagstaff City Code for the purpose of changing the membership of the Youth Commission.

 

 

 

Vice-Mayor Overton moved to adopt Ordinance No. 2007-02, seconded by Councilmember Swanson. The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.

 

 

Vice-Mayor Overton moved to read Resolution No. 2007-03 for the final time by title only, seconded by Councilmember Swanson.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.  Title was read as follows:

 

 

 

Ordinance No. 2007-03

 

 

 

 

An ordinance amending Chapter 2-11, Sections 2-11-001-0002 and 2-11-001-0003 of the Flagstaff City Code for the purpose of changing the composition and membership of the Flagstaff Airport Commission, defining a quorum, and other housekeeping changes.

 

 

 

Vice-Mayor Overton moved to adopt Ordinance No. 2007-03, seconded by Councilmember Swanson. The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.

 

 

Vice-Mayor Overton moved to read Ordinance No. 2007-04 for the final time by title only, seconded by Councilmember Swanson.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.  Title was read as follows:

 

 

 

Ordinance No. 2007-04

 

 

 

 

An ordinance amending Title 2, Chapter 14, Section 2-14-001-0002 of the Flagstaff City Code, for the purpose of changing the membership of the Beautification and Public Art Commission; changing the Council representative from a voting member to a non-voting member; changing the number of commission members; and changing the makeup of the Commission.

 

 

 

Vice-Mayor Overton moved to adopt Ordinance No. 2007-04, seconded by Councilmember Cooper.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.

 

 

Vice-Mayor Overton moved to read Ordinance No. 2007-05 for the final time by title only, seconded by Councilmember Swanson.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.  Title was read as follows:

 

 

 

Ordinance No. 2007-05

 

 

 

 

An ordinance amending Title 10, Chapter 9, Section 10-09-004-0001 of the Flagstaff City Code for the purpose of changing the membership of the Board of Adjustment, and other housekeeping changes.

 

 

 

Vice-Mayor Overton moved to adopt Ordinance No. 2007-05, seconded by Councilmember Cooper.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.

 

 

Vice-Mayor Overton moved to read Ordinance No. 2007-06 for the final time by title only, seconded by Councilmember Swanson.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed. Title was read as follows:

 

 

 

Ordinance No. 2007-06

 

 

 

 

An ordinance amending Chapter 2-08, Sections 2-08-001-0002 and 2-08-001-005 of the Flagstaff City Code for the purpose of changing the membership of the Diversity Awareness Commission and adding quorum provisions.

 

 

 

Vice-Mayor Overton moved to adopt Ordinance No. 2007-06, seconded by Councilmember Cooper.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.

 

 

Vice-Mayor Overton moved to read Ordinance No. 2007-07 for the final time by title only, seconded by Councilmember Swanson.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.  Title was read as follows:

 

 

 

Ordinance No. 2007-07

 

 

 

 

An ordinance amending Title 2, Chapter 19, of the Flagstaff City Code, for the purpose of changing the membership of the Historic Preservation Commission; changing the Council representatives from a voting member to a non-voting member; changing the number of commission members; changing the makeup of the commission; and other housekeeping changes.

 

 

 

Vice-Mayor Overton moved to adopt Ordinance No. 2007-07, seconded by Councilmember Cooper.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.

 

 

Vice-Mayor Overton moved to read Ordinance No. 2007-08 for the final time by title only, seconded by Councilmember Swanson.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.  Title was read as follows:

 

 

 

Ordinance No. 2007-08

 

 

 

 

An ordinance amending Title 2, Chapter 20, Section 2-20-001-0001 and 2-20-001-005 of the Flagstaff City Code, for the purpose of changing the membership of the Open Spaces Commission and defining a quorum.

 

 

 

Vice-Mayor Overton moved to adopt Ordinance No. 2007-08, seconded by Councilmember Cooper.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.

 

 

Vice-Mayor Overton moved to read Ordinance No. 2007-09 for the final time by title only, seconded by Councilmember Swanson.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.  Title was read as follows:

 

 

 

Ordinance No. 2007-09

 

 

 

 

An ordinance amending Chapter 2-01, Sections 2-01-001-0002 and 2-01-001-0003, and Section 2-01-001-0004, of the Flagstaff City Code for the purpose of changing the membership of the Planning and Zoning Commission, defining a quorum, and providing for housekeeping changes.

 

 

 

Vice-Mayor Overton moved to adopt Ordinance No. 2007-09, seconded by Councilmember Cooper.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.

 

 

Councilmember Haughey moved to read Ordinance No. 2007-10 for the final time by title only, seconded by Councilmember Cooper.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.  Title was read as follows:

 

 

 

Ordinance No. 2007-10

 

 

 

 

An ordinance amending Title 10, Chapter 9, Section 10-09-003-0001 of the Flagstaff City Code for the purpose of changing the membership of the Planning and Zoning commission and providing for housekeeping changes.

 

 

 

Councilmember Haughey moved to adopt Ordinance No. 2007-10, seconded by Councilmember Cooper.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.  Title was read as follows:

 

 

Vice-Mayor Overton moved to read Ordinance No. 2007-11 for the final time by title only, seconded by Councilmember Haughey.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.  Title was read as follows: 

 

 

 

Ordinance No. 2007-11

 

 

 

 

An ordinance amending Chapter 2-03 Parks and Recreation Commission, Sections 2-03-001-0001 and 2-03-001-0003 of the Flagstaff City Code for the purpose of changing the membership and quorum requirements of the Parks and Recreation Commission.

 

 

 

Councilmember Haughey moved to adopt Ordinance No. 2007-11, seconded by Vice-Mayor Overton.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.

 

 

Vice-Mayor Overton moved to read Ordinance No. 2007-12 for the final time by title only, seconded by Councilmember Haughey. The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.  Title was read as follows:

 

 

 

Ordinance No. 2007-12

 

 

 

 

An ordinance amending Chapter 2-04, Section 2-04-001-0004, 2,-04-001-0005, and 2-04-001-0006 of the Flagstaff City Code for the purpose of changing the membership of the Water Commission, and defining a quorum.

 

 

 

Vice-Mayor Overton moved to adopt Ordinance No. 2007-12, seconded by Councilmember Cooper. The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed. 

 

 

Vice-Mayor Overton moved to read Ordinance No. 2007-17 for the final time by title only, seconded by Councilmember Haughey. The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White abstaining.  Title was read as follows:

 

 

 

Ordinance No. 2007-17

 

 

 

 

An ordinance amending Resolution No. 2001-76 of the City of Flagstaff for the purpose of changing the membership of the Citizens Transportation Advisory Committee.

 

 

Vice-Mayor Overton moved to adopt Ordinance No. 2007-17, seconded by Councilmember Cooper. The motion passed on unanimous vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed. 

 

 

B.

Consideration of Ordinance No. 2007-19:  An ordinance of the City of Flagstaff (“City”) repealing Ordinance No. 1874 pertaining to the assessment and recapture of costs for the water and sewer extensions under recapture districts, and replacing the same with new and more efficient provisions for water and sewer line extensions under reimbursement agreements.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-19 for the first time by title only.

 

 

Councilmember White moved to read Ordinance No. 2007-19 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. 2007-19

 

 

 

 

An ordinance of the City of Flagstaff (“City”) repealing Ordinance No. 1874 pertaining to the assessment and recapture of costs for the water and sewer extensions under recapture districts, and replacing the same with new and more efficient provisions for water and sewer line extensions under reimbursement agreements.

 

 

 

C.

Consideration of Resolution No. 2007-09:  A resolution of the City Council of the City of Flagstaff authorizing signatures for checks and payment vouchers.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-09 by title only.

Adopt Resolution No. 2007-09.

 

 

Councilmember White moved to read Resolution No. 2007-09 by title only, seconded by Councilmember Cooper.  The motion passed on unanimous vote, and title was read as follows:

 

 

 

Resolution No. 2007-09

 

 

 

 

A resolution of the City Council of the City of Flagstaff authorizing signatures for checks and payment vouchers.

 

 

 

Councilmember Haughey moved to adopt Resolution No. 2007-09.  The motion was seconded by Councilmember White, and passed on unanimous vote.

 

 

D.

Consideration of Resolution No. 2007-11:  A resolution designating the document known as the “2007 Draft Amendments to the Land Development Code regarding the Recommendations of the Community Housing Policy Task Force” as a public record.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-11 by title only.

Adopt Resolution No. 2007-11.

 

 

Vice-Mayor Overton moved to read Resolution No. 2007-11 by title only, seconded by Councilmember White. 

 

 

Councilmember Swanson moved to amend the proposed 2007 Draft Amendments to the Land Development Code by eliminating Division 10-04-003-0007, Section E.  The motion died due to lack of a second.

 

 

Della Hohlfeld, representing Concerned Citizens of Flagstaff, stated that before the first public hearing on February 20, 2007, the proposed amendments to the code regarding accessory dwelling units and overlapping natural resource protection need to be tightened up, making them specific and clear.

 

 

The motion to read passed unanimously in favor.  Title was read as follows:

 

 

 

Resolution No. 2007-11

 

 

 

 

A resolution designating the document known as the “2007 Draft Amendments to the Land Development Code regarding the Recommendations of the Community Housing Policy Task Force” as a public record.

 

 

 

Vice-Mayor Overton moved to adopt Resolution No. 2007-11, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

 

 

E.

Consideration of Resolution No. 2007-12:  A resolution of the City Council of the City of Flagstaff, Arizona, opposing the Divine Strake Project and any related testing at the Nevada Test Site.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-12 by title only.

Adopt Resolution No. 2007-12.

 

 

Councilmember White moved to read Resolution No. 2007-12 by title only, seconded by Councilmember Cooper.

 

 

Councilmember Haughey moved to amend Resolution No 2007-12 as follows:

 

 

 

SECTION 1. That the Flagstaff Mayor and City Council oppose resumption of has concerns about testing, including the Divine Strake, at the Nevada Test Site, and urge the Federal Government to suspend further testing pending the completion of a complete Environmental Impact Statement which clearly demonstrates the continued safety of our citizens.

 

 

 

The motion to amend was seconded by Vice-Mayor Overton and passed on majority roll call vote as follows:

 

 

 

Mayor Donaldson

Aye

 

 

Vice-Mayor Overton

Aye

 

 

Councilmember Cooper

Nay

 

 

Councilmember Haughey

Aye

 

 

Councilmember Kelty

Nay

 

 

Councilmember Swanson

Aye

 

 

Councilmember White

Nay

 

 

Councilmember Haughey moved to amend the title of Resolution No. 2007-12 as follows:

 

 

 

A resolution of the Mayor and City Council of the City of Flagstaff, Arizona, opposing the Divine Strake Project and any related testing at the Nevada Test Site. pending a complete Environmental Impact statement.

 

 

 

The motion was seconded by Vice-Mayor Overton and passed on majority vote with Mayor Donaldson, Vice-Mayor Overton, and Councilmembers Cooper, Haughey, and Swanson in favor, and Councilmembers Kelty and White opposed.

 

 

The following individuals stated their opposition to the Divine Strake Project:

 

 

 

Norma Thimot, Flagstaff resident

 

 

Julia Rouvier, Flagstaff resident

 

 

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

 

 

 

Mayor Donaldson

Aye

 

 

Vice-Mayor Overton

Aye

 

 

Councilmember Cooper

Aye

 

 

Councilmember Haughey

Aye

 

 

Councilmember Kelty

Aye

 

 

Councilmember Swanson

Aye

 

 

Councilmember White

Aye

 

 

Title was read as follows:

 

 

 

Resolution No. 2007-12

 

 

 

 

A resolution of the Mayor and City Council of the City of Flagstaff, Arizona, opposing the Divine Strake Project pending a complete Environmental Impact statement.

 

 

 

Councilmember Swanson moved to adopt Resolution No. 2007-12.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

 

 

11.     OTHER BUSINESS

 

 

A.

Consideration of Appointment:  Councilmember representative to the Coconino County Methamphetamine Task Force.

 

 

 

RECOMMENDED ACTION:

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

 

 

Councilmember White moved to appoint Councilmember Haughey, seconded by Vice-Mayor Overton.  The vote was unanimous in favor.

 

 

B.

Consideration of Discussion and Possible Direction:   BBB Tax Advisory Task Force.

 

 

 

RECOMMENDED ACTION:

Discuss and provide direction on next steps.

 

 

Councilmember Kelty requested that staff (1) not proceed with the Task Force, (2) not address the issue immediately, (3) address other priorities, and (4) conduct the discussions in a public forum.

 

 

Councilmember White requested that staff remain cognizant of when to begin the public discussions to allow adequate time to educate the public before any ballot considerations.

 

 

Citizens commenting on the BBB Tax Advisory Task Force were:

 

 

 

Mark Ross, representing Flagstaff Hospitality and Innkeepers Associations

 

 

John McCulloch, Flagstaff resident

 

 

Citizen comments included:

 

 

 

·          

More marketing dollars are needed for the Convention and Visitors’ Bureau.

 

 

·          

The original intent of BBB monies was to fund a bonding program for recreation projects, but the City didn’t follow through with using all the BBB tax dollars toward the bond program and the General Fund has been supplemented with BBB monies.

 

 

Councilmember White requested that staff schedule three or four work sessions to discuss (1) the history of BBB funds and the desired outcomes, (2) allocations and possible structures, (3) sunset issues, and (4) final recommendations and Council action.

 

 

C.

Reconsideration of Ordinance No. 2007-14:  An ordinance rezoning a total of approximately 6.69 acres of land located at 2650 So. Beulah Boulevard from UC, Urban Commercial District, Conditional (6.03 acres) and RR, Rural Residential District (.66 acres), to Urban Commercial District Conditional. 

 

 

 

RECOMMENDED ACTION:

If the City Council wishes to reconsider this matter, a member of the previous prevailing vote should:

 

 

 

 

(1)

Move to reconsider Ordinance No. 2007-14.

 

 

Councilmember White moved to reconsider Ordinance No. 2007-14 and set the first reading of the ordinance for February 20, 2007.  The motion was seconded by Councilmember Kelty. 

 

 

Councilmember White pointed out that it is appropriate to revisit the rezoning issue as the developer has made various compromises sought by the Council.

 

 

The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty, and White in favor, and Councilmember Swanson opposed.

 

 

Councilmember White moved to reconsider the vote (above), seconded by Councilmember Kelty.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and White in favor, and Councilmember Swanson opposed.

 

 

Councilmember White moved to reconsider Ordinance No. 2007-14 and set the first reading of the ordinance for the first meeting in March.  The motion was seconded by Councilmember Kelty and passed on majority vote with Mayor Donaldson, Vice-Mayor Overton and Councilmembers Cooper, Haughey, Kelty and White in favor, and Councilmember Swanson opposed.

 

 

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

 

 

Councilmember Swanson requested that the Council be courteous to each other in not “calling the question” as a tactic to circumvent discussion of an item.

 

 

13.    ADJOURNMENT

 

 

There being no further business to come before the Council, the Meeting was adjourned at 9:00 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 6, 2007.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 6th day of June, 2007.

 

 

 

 

 

 

                                                                      

CITY CLERK