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

March 20, 2007

6:00 p.m.

A Meeting of the Flagstaff City Council was held on Monday, March 20, 2007 convening at 6:01 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, Excused

Councilmember Haughey

Councilmember Kelty

Councilmember Swanson, Excused

Councilmember White

Also present were:

Interim City Manager, John Holmes

City Attorney, Patricia Boomsma

4.       MINUTES

No minutes were submitted.

5.        PUBLIC PARTICIPATION

None.

6.       CONSENT – GENERAL

A.

Consideration of Payment of Claims Expenses and/or Settlement Costs:  Garcia versus City of Flagstaff.

RECOMMENDED ACTION:

Authorize payments not to exceed a total of $50,000.00.

Councilmember Haughey moved to approve the Consent General calendar, seconded by Vice-Mayor Overton.  The motion passed on unanimous vote.  Councilmember White was absent from the room.

7.      CONSENT – CONTRACTUAL

A.

Consideration of Change Order No. 1:  Water Quality Study Project.

RECOMMENDED ACTION:

(1)  Approve Change Order No. 1 to Malcolm Pirnie, Inc., for a cost increase of $82,775.00 and a 324-day contract extension.

B.

Consideration of Supplemental License Agreement and Training:  Purchase and implementation of a work order system for the Management Services Division.

RECOMMENDED ACTION:

Approve the supplemental license agreement with SunGard HTE in an amount not to exceed $144,940.00, plus travel expenses and sales tax, and authorize the City Manager to sign the necessary documents.

C.

Consideration of Amendment No. 2 to Design/Build Agreement:  Fire stations relocation program.

RECOMMENDED ACTION:

(1)

Approve Amendment No. 2 to accept Guaranteed Maximum Price Proposal No. 2 with FCI Constructors, Inc., in the amount of $2,911,643.00, including a contract allowance of $65,000.00, and a contract time of 315 calendar days; and

(2)

Authorize the City Manager to execute the necessary documents.

D.

Consideration of Service Agreement:  Legal services.

RECOMMENDED ACTION:

Authorize entry into contract with Jones Skelton and Hochuli, P.L.C., to perform necessary legal services in connection with municipal defense litigation from time to time as mutually agreed.

Vice-Mayor Overton moved to approve the Consent General Calendar.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.  Councilmember White was absent from the room.

8.      BOARDS AND COMMISSIONS:

A.

Consideration of Appointments:  Tourism Commission.

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make one appointment to a hospitality term expiring January, 2010; and one appointment to an at-large term expiring January, 2009.

Councilmember White moved to appoint Mary Berg to an at-large term expiring January, 2009 and to reappoint Robin Prema to a hospitality term expiring January, 2010.  The motion was seconded by Councilmember Swanson.  The vote was unanimous in favor.

B.

Consideration of Appointments:  Planning and Zoning Commission.

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make three appointments to terms expiring December, 2009.

Councilmember Haughey moved to table the appointments, seconded by Vice-Mayor Overton.  The motion passed on unanimous vote.

C.

Consideration of Renaming the Adult Center.

RECOMMENDED ACTION:

The Parks and Recreation Commission recommends the names of (1) Thorpe Park Community Center, (2) Flagstaff Senior Center; and (3) The Community Multi-Generational Center.

Councilmember Haughey moved to rename the Adult Center to the “The Flagstaff Senior Center, seconded by Vice Mayor Overton.  The motion failed on roll call vote as follows:

Mayor Donaldson

Nay

Vice-Mayor Overton

Aye

Councilmember Haughey

Aye

Councilmember Kelty

Nay

Councilmember White

Nay

Councilmember White moved to accept the name of “Thorpe Park Community and Senior Center.”  The motion was seconded by Mayor Donaldson and passed on unanimous vote.

9.      PUBLIC HEARINGS

A.

Consideration of Liquor License Application:  Dominic Labriola, “Dominic’s Italian Bistro”, 1850 N. Fort Valley Road, 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.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

Deputy Police Chief Kevin Treadway presented his findings on the background investigation of the applicant.  No negative record was found and the address has no reported acts of violence.  In addition, Mr. Labriola has attended the mandatory liquor classes.  As such, the Police Department recommended approving the liquor license.

The applicant, Dominic Labriola, was present to answer questions, but did not make a presentation on his own behalf.

Councilmember Haughey moved to close the public hearing, seconded by Councilmember White.  The motion passed on unanimous vote.

Councilmember White 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. 2007-13:  An ordinance of the City Council of the City of Flagstaff, Arizona (“City”), amending City Code Section 4-01-001-0005 “Amendments” regarding the International Building Code, 2003 Edition, and the International Residential Code, 2003 Edition.”

RECOMMENDED ACTION:

Read Ordinance No. 2007-13 for the final time by title only.

Adopt Ordinance No. 2007-13.

Councilmember White moved to read Ordinance No. 2007-13 for the final time by title only, seconded by Councilmember Kelty.

Vice-Mayor Overton moved to amend by striking the driveway slope requirement, seconded by Councilmember Haughey.

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

Mayor Donaldson

Nay

Vice-Mayor Overton

Aye

Councilmember Haughey

Aye

Councilmember Kelty

Nay

Councilmember White

Nay

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

Mayor Donaldson

Aye

Vice-Mayor Overton

Nay

Councilmember Haughey

Nay

Councilmember Kelty

Aye

Councilmember White

Aye

Title was read as follows:

Ordinance No. 2007-13

An ordinance of the City Council of the City of Flagstaff, Arizona (“City”), amending City Code Section 4-01-001-0005 “Amendments” regarding the International Building Code, 2003 Edition, and the International Residential Code, 2003 Edition.”

Councilmember White moved for adoption, seconded by Councilmember Kelty.  The motion passed on roll call vote as follows:

Mayor Donaldson

Aye

Vice-Mayor Overton

Nay

Councilmember Haughey

Nay

Councilmember Kelty

Aye

Councilmember White

Aye

B.

Consideration of Ordinance No. 2007-20:  An ordinance adopting the “2007 Draft Amendments to the Land Development Code Regarding the Recommendations of the Community Housing Policy Task Force.”

RECOMMENDED ACTION:

Read Ordinance No. 2007-20 for the final time by title only.

Adopt Ordinance No. 2007-20.

Councilmember White moved to read Ordinance No. 2007-20 for the final time by title only, seconded by Councilmember Kelty.

During the discussion regarding the restrictive covenant relating to accessory dwelling units placed in perpetuity on the properties, some Councilmembers noted that future property owners would be bound forever and that future circumstances could change that would negatively impact the property.

Other Councilmembers remarked that the permanent restrictive covenant would reassure neighbors that not only will the restrictive covenant assure that housing will always be attended to and promote affordable housing while allowing property owners to have some rental income in a controlled, but that it will preserve the neighborhood standards.

Councilmember Haughey moved to amend the “2007 Draft Amendments to the Land Development Code Regarding the Recommendations of the Community Housing Policy Task Force “ by striking Sections 3B and 3C, seconded by Vice-Mayor Overton.  The motion to amend failed on majority roll call vote as follows:

Mayor Donaldson

Nay

Vice-Mayor Overton

Aye

Councilmember Haughey

Aye

Councilmember Kelty

Nay

Councilmember White

Nay

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

Mayor Donaldson

Aye

Vice-Mayor Overton

Nay

Councilmember Haughey

Nay

Councilmember Kelty

Aye

Councilmember White

Aye

Title was read as follows:

Ordinance No. 2007-20

An ordinance adopting the “2007 Draft Amendments to the Land Development Code Regarding the Recommendations of the Community Housing Policy Task Force.”

The motion to adopt Ordinance No. 2007-20 passed on majority roll call vote as follows:

Mayor Donaldson

Aye

Vice-Mayor Overton

Nay

Councilmember Haughey

Nay

Councilmember Kelty

Aye

Councilmember White

Aye

C.

Consideration of Ordinance No. 2007-23:  An ordinance amending Title 7 of the Water and Wastewater Code to amend wastewater prohibitions and standards for discharge.

RECOMMENDED ACTION:

Read Ordinance No. 2007-23 for the final time by title only.

Adopt Ordinance No. 2007-23.

Vice Mayor Overton moved to read Ordinance No. 2007-23 for the final time by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows:

Ordinance No. 2007-23

An ordinance amending Title 7 of the Water and Wastewater Code to amend wastewater prohibitions and standards for discharge.

Councilmember Kelty moved for adoption.  The motion was seconded by Councimember White and passed on unanimous vote.

D.

Consideration of Ordinance No. 2007-24:  An ordinance authorizing the City of Flagstaff to enter into a purchase and sale agreement for the acquisition of real estate at 216 W. Phoenix Avenue, Flagstaff.

RECOMMENDED ACTION:

Read Ordinance No. 2007-24 for the first time by title only.

Councilmember White moved to read Ordinance No. 2007-24 for the first time by title only, seconded by Vice-Mayor Overton.  The motion passed on unanimous vote and title was read as follows:

Ordinance No. 2007-24

An ordinance authorizing the City of Flagstaff to enter into a purchase and sale agreement for the acquisition of real estate at 216 W. Phoenix Avenue, Flagstaff.

E.

Consideration of Resolution No. 2007-04:  A resolution approving an agreement for waiver of claims for diminution in value for land use laws applicable to property located at 2650 South Beulah Boulevard, known as the Courtyard Marriot at Flagstaff.

RECOMMENDED ACTION:

Read Resolution No. 2007-04 by title only.

Adopt Resolution No. 2007-04.

Councilmember Haughey moved to read Resolution No. 2007-04 by title only, seconded by Councilmember White.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2007-04

A resolution approving an agreement for waiver of claims for diminution in value for land use laws applicable to property located at 2650 South Beulah Boulevard, known as the Courtyard Marriot at Flagstaff.

Councilmember Haughey moved to adopt Resolution No. 2007-04.  The motion was seconded by Councilmember White and passed on unanimous vote.

F.

Consideration of Ordinance No. 2007-14:  An ordinance rezoning a total of approximately 6.69 acres of land located at 2650 South 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:

Read Ordinance No. 2007-14 for the final time by title only.

Adopt Ordinance No. 2007-14.

Councilmember White moved to read Ordinance No. 2007-14 for the final time by title only.  Councilmember Haughey seconded the motion, which passed on unanimous vote; and title was read as follows:

Ordinance No. 2007-14

An ordinance rezoning a total of approximately 6.69 acres of land located at 2650 South Beulah Boulevard from UC, Urban Commercial District, Conditional (6.03 acres) and RR, Rural Residential District (.66 acres), to Urban Commercial District, Conditional.

Councilmember White moved to adopt Ordinance No. 2007-13.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

G.

Consideration of Resolution No. 2007-13:  A resolution approving an agreement for waiver of claims for diminution in value for land use laws applicable to property located at 644 North Locust Street.

RECOMMENDED ACTION:

Read Resolution No. 2007-13 by title only.

Adopt Resolution No. 2007-13.

Vice-Mayor Overton moved to read Resolution No. 2007-13 by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2007-13

A resolution approving an agreement for waiver of claims for diminution in value for land use laws applicable to property located at 644 North Locust Street.

Vice-Mayor Overton moved for adoption, seconded by Councilmember White.  The vote was unanimous in favor.

H.

Consideration of Ordinance No. 2007-22:  An ordinance rezoning a total of approximately 14.38 acres of land located at 644 North Locust Street from RR, Rural Residential, tour, Urban Residential.

RECOMMENDED ACTION:

Read Ordinance No. 2007-22 for the final time by title only.

Adopt Ordinance No. 2007-22.

Vice-Mayor Overton moved to read Ordinance No. 2007-22 for the final time by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows:

Ordinance No. 2007-22

An ordinance rezoning a total of approximately 14.38 acres of land located at 644 North Locust Street from RR, Rural Residential, tour, Urban Residential.

Councilmember Haughey moved for adoption, seconded by Councilmember White.  The vote was unanimous in favor.

I.

Consideration of PC SUB 06-021:  A request for tentative plat approval by McMillan Mesa Flagstaff, LLC, for McMillan Mesa Estates, a detached single-family subdivision consisting of thirty-seven lots on approximately 14.38 acres located at 644 North Locust Street in the UR, Urban 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.

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

J.

Consideration of Resolution No. 2007-14:  A resolution approving a development agreement between the City of Flagstaff, Arizona and Cavan Opportunity Fund, L.L.C.

RECOMMENDED ACTION:

Read Resolution No. 2007-14 by title only.

Adopt Resolution No. 2007-14.

Councilmember Haughey moved to read Resolution No. 2007-14 by title only, seconded by Vice-Mayor Overton.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2007-14

A resolution approving a development agreement between the City of Flagstaff, Arizona and Cavan Opportunity Fund, L.L.C.

Councilmember Haughey moved for adoption, seconded by Vice-Mayor Overton.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton, and Councilmembers Haughey and Kelty voting in favor, and Councilmember White opposed.

K.

Consideration of PC SUB 06-015:  A request for tentative plat approval by Cavan Opportunity Fund, L.L.C., for McMillan Mesa Village, a subdivision consistent of eleven parcel on an approximately 146-acre site located at 200 East Forest Avenue in the R1 (Single-Family Residential District), MR (Medium Density Residential District), HR, (High Density Residential District), SC (Suburban Commercial District) and BP, (Business Park 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 Haughey.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton, and Councilmembers Haughey and Kelty voting in favor, and Councilmember White opposed.

L.

Consideration of Resolution No. 2007-19:  A resolution approving Amendment No. 1 to an intergovernmental agreement between the Arizona Department of Transportation and the City of Flagstaff for the design, construction and maintenance of a multi-use trail and landscaping located at State Route 66 and US Highway 89, for a culvert crossing near Lynch Road and for a fourth leg of Cummings Road.

RECOMMENDED ACTION:

Read Resolution No. 2007-19 by title only.

Adopt Resolution No. 2007-19.

Councilmember White moved to read Resolution No. 2007-19 by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2007-19

A resolution approving Amendment No. 1 to an /intergovernmental agreement between the Arizona Department of Transportation and the City of Flagstaff for the design, construction and maintenance of a multi-use trail and landscaping located at State Route 66 and US Highway 89, for a culvert crossing near Lynch Road and for a fourth leg of Cummings Road.

Councilmember Haughey moved for adoption, seconded by Councilmember White.  The motion passed on unanimous vote

11.     OTHER BUSINESS

A.

Discussion and Possible Approval of Proposed Amendments:  Rules of Procedure for the Flagstaff City Council.

RECOMMENDED ACTION:

Approve the proposed amendments to Section 4, 5, and 6 of the Rules of Procedure.

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

Councilmember Kelty moved to adjourn into executive session, seconded by Councilmember White.

Presented with options for changes to the Council’s Rules of Procedure, the Council agreed to move forward with Options 1 and 3, to add language that would provide for no meetings of the Council until the fourth Tuesday in July, and to provide for the reading of the mission statement at every meeting.  A resolution containing the new provisions will be prepared for Council action.

The motion to approve passed on unanimous vote.

B.

Consideration of Council Request:  City Code amendments regarding paintball facilities.

RECOMMENDED ACTION:

Discuss and provide direction on possible next steps to be taken, if any.

Direction was given to draft a proposed amendment to the Code to allow paintball activities within the City.  When it comes back to the Council, the Council can debate whether or not it would like to include additional activities in the ordinance.

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

13.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 7:30 a.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 March 20, 2007.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 20th day of June, 2007.

CITY CLERK