NOTE:

IN ACCORDANCE WITH PROVISIONS OF THE ARIZONA REVISED STATUTES AND THE FLAGSTAFF CITY CHARTER THE SUMMARIZED MINUTES OF CITY COUNCIL MEETINGS ARE NOT VERBATIM TRANSCRIPTS.  ONLY THE ACTIONS TAKEN AND DISCUSSION APPEARING WITH QUOTATION MARKS ARE VERBATIM.  AUDIO RECORDINGS OF CITY COUNCIL MEETINGS ARE ON FILE IN THE CITY CLERK’S OFFICE.

SUMMARIZED MINUTES

COUNCIL MEETING

August 21, 2007

6:00 p.m.

A Meeting of the Flagstaff City Council was held on August 21, 2007 convening at 6:11 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, READING OF THE MISSION STATEMENT, AND INVOCATION

Mayor Donaldson asked those present to stand for the Pledge of Allegiance, the reading of the Mission Statement, and the Invocation.

2.      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

3.       MINUTES

A.

Consideration of Minutes: Regular Council Meeting of June 19, 2007; and Special Council Meetings of June 19, 2007; June 25, 2007; June 29, 2007; and July 6, 2007.

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

Vice-Mayor Overton moved to approve the Minutes as submitted, seconded by Councilmember Haughey.  The motion passed on unanimous vote.  Mayor Donaldson clarified that his approval applied only to the meetings he attended.

4.        PUBLIC PARTICIPATION

None.

5.       CONSENT AGENDA

A.

Consideration of Real Estate Exchange Agreement:  Fire Station No. 2 site and monument sign location.

RECOMMENDED ACTION:

Approve the real estate exchange agreement with the San Francisco de Asis Parish.

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

Councilmembers expressed concern that the agreement required an exception to the sign code ordinance in order to allow the monument sign offsite of the main parcel and the precedent it would set.

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 resumed at 6:39 p.m.

Councilmember Cooper moved to table the item until August 27, 2007, seconded by Councilmember Haughey.  The vote was unanimous in favor.

B.

Consideration of Appointment:  City Manager.

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, approve the employment agreement with John E. Holmes.

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

Councilmember Kelty moved to approve the recommended action with an amendment to the employment agreement making it effective immediately.  The motion was seconded by Councilmember White and passed on unanimous vote.

6.      REGULAR AGENDA

A.

Consideration of Resolution No. 2007-46:  A resolution designating the document known as “The 2007 Amendments to Title 7 of the Flagstaff City Code, Municipal Refuse Collection Service” as a public record.

RECOMMENDED ACTION:

Read Resolution No. 2007-46 by title only.

Adopt Resolution No. 2007-46.

Councilmember Cooper moved to read Resolution No. 2007-46 by title only, seconded by Councilmember White.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2007-46

A resolution designating the document known as “The 2007 Amendments to Title 7 of the Flagstaff City Code, Municipal Refuse Collection Service” as a public record.

Councilmember Cooper moved to adopt Resolution No. 2007-46.  The motion was seconded by Councilmember White and passed on unanimous vote.

B.

Consideration of Ordinance No. 2007-50:  An ordinance of the City Council of the City of Flagstaff, Arizona, adopting “The 2007 Amendments to Title 7 of the Flagstaff City Code, Municipal Refuse Collection Service.”

RECOMMENDED ACTION:

Read Ordinance No. 2007-50 for the first time by title only.

Councilmember White moved to read Ordinance No. 2007-50 for the first time by title only, seconded by Councilmember Cooper.

Pat Bourque, Environmental Services Director, reviewed the programs and services that have been added or expanded over the past few years and absorbed by Environmental Services funds.

The proposed rate schedule is needed in order to maintain the current level of service.  At the current rate schedule, Environmental Services will be operating in a deficit within 30 months.  Collection programs are not covering their own costs and rely on landfill fees to fill in the gaps.

The Council was divided and observed that: (1) the proposed rate schedule is justified and necessary to keep up with the rising cost of fuel and labor; (2) tipping fees should not be allocated for a maintenance facility that will be built at some point in the future; (3) the 5% annual rate escalator needs to be evaluated every year as opposed to approving it for a five-year term; and (4) creating a reserve fund for a future maintenance facility is appropriate and necessary.

Councilmember Haughey moved to amend the proposed amendments to Title 7 of the Flagstaff City Code by removing new Section 7-04-001-0009 FEES, Subsections H.1. and J.  The motion was seconded by Councilmember Swanson and failed on roll call vote as follows:

Mayor Donaldson

Nay

Vice-Mayor Overton

Aye

Councilmember Cooper

Nay

Councilmember Haughey

Aye

Councilmember Kelty

Nay

Councilmember Swanson

Aye

Councilmember White

Nay

Councilmember Kelty moved to amend the proposed amendments to Title 7 of the Flagstaff City Code by adding a one-year expiration date on the posted landfill tipping fees.  The motion was seconded by Councilmember White and 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

Nay

Councilmember White

Aye

Councilmember Haughey moved to amend the proposed amendments to Title 7 of the Flagstaff City Code by removing new Section 7-04-001-0009 FEES, Subsection J.  The motion was seconded by Council Swanson and failed on majority roll call vote as follows:

Mayor Donaldson

Nay

Vice-Mayor Overton

Aye

Councilmember Cooper

Nay

Councilmember Haughey

Aye

Councilmember Kelty

Nay

Councilmember Swanson

Aye

Councilmember White

Nay

The motion to read as amended 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

Nay

Councilmember White

Aye

Title was read as follows:

Ordinance No. 2007-50

An ordinance of the City Council of the City of Flagstaff, Arizona, adopting “The 2007 Amendments to Title 7 of the Flagstaff City Code, Municipal Refuse Collection Service.”

C.

Consideration of Appointment:  On-call Municipal Judge.  [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).  The names of the applicants may be obtained by contacting the City Clerk.]

RECOMMENDED ACTION:

Make one appointment to a two-year term.

Vice-Mayor Overton moved to appoint Fred Croxen to a two-year term as on-call Municipal Judge.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

D.

Consideration of Applicants for Appointments:  Diversity Awareness Commission.  [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).  The names of the applicants may be obtained by contacting the City Clerk.]

RECOMMENDED ACTION:

Make one appointment to a term expiring February, 2008, and one appointment to a term expiring February, 2009.

Vice-Mayor Overton moved to appoint Matthew Holmes to a term expiring February, 2009, and Jacqueline La Fave to a term expiring February, 2008.  The motion was seconded by Councilmember White and passed on unanimous vote.

E.

Consideration of Applicants for Appointments:  Disability Awareness Commission.  [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).  The names of the applicants may be obtained by contacting the City Clerk.]

RECOMMENDED ACTION:

Make one appointment to an extended term expiring March, 2010.

Councilmember White moved to appoint Todd Garfield to an extended term expiring March, 2010, seconded by Councilmember Haughey.  The vote was unanimous in favor.

F.

Consideration of Applicants for Appointments:  City County Public Library Board.  [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).  The names of the applicants may be obtained by contacting the City Clerk.]

RECOMMENDED ACTION:

Make one appointment to a term expiring November, 2009, and ratify the appointment of Harriet Young to a term expiring November, 2010.

Councilmember Cooper moved to appoint Joan Astorga to a city resident term expiring November, 2009, and to ratify the appointment of Harriet Young to a county resident term expiring November, 2010.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

G.

Consideration of Continued Funding:  Intake triage unit.

RECOMMENDED ACTION:

Approve the annual report and approve payment to The Guidance Center for Fiscal Year 2007/08 in the amount of $100,000.00.

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

H.

Consideration of Resolution No. 2007-43:  A resolution of the Flagstaff City Council approving an intergovernmental agreement for the sale of water to the Northern Arizona University Centennial Forest Field Campus.

RECOMMENDED ACTION:

Read Resolution No. 2007-43 by title only.

Adopt Resolution No. 2007-43.

Councilmember White moved to read Resolution No. 2007-43 by title only.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.  Title was read as follows:

Resolution No. 2007-43

A resolution of the Flagstaff City Council approving an intergovernmental agreement for the sale of water to the Northern Arizona University Centennial Forest Field Campus.

Councilmember Haughey moved to adopt Resolution No. 2007-43, seconded by Vice-Mayor Overton.  The motion passed on unanimous vote.

I.

Consideration of Resolution No. 2007-44:  A resolution of the City Council of the City of Flagstaff, Arizona, approving the Beautification and Public Art Commission recommendation to award $20,000.00 to the Coconino Coalition for Children and Youth Assets Animal Project.

RECOMMENDED ACTION:

Read Resolution No. 2007-44 by title only.

Adopt Resolution No. 2007-44.

Councilmember Swanson moved to read Resolution No. 2007-44 by title only.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.  Title was read as follows:

Resolution No. 2007-44

A resolution of the City Council of the City of Flagstaff, Arizona, approving the Beautification and Public Art Commission recommendation to award $20,000.00 to the Coconino Coalition for Children and Youth Assets Animal Project.

Councilmember Haughey moved to adopt Resolution No. 2007-44.  The motion was seconded by Councilmember Swanson and passed on majority vote.  Mayor Donaldson and Councilmembers Cooper, Haughey, Kelty, Swanson and White voted in favor, and Councilmember Overton voted against.

J.

Consideration of Public Art:  Coconino Coalition for Children and Youth Assets Animal Project.

RECOMMENDED ACTION:

The Beautification and Public Art Commission recommends approving the location of art pieces within landscaped areas along designated public right-of-way near Heritage Square, the Visitors’ Center, City Hall, in city parks, and on the FUTS trail adjacent to Route 66.

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

K.

Consideration of Resolution No. 2007-45:  A resolution authorizing the submission of a grant application to the Arizona Transportation Enhancement Program for the South San Francisco and Beaver Street calming project and authorizing the acceptance upon award of the grant agreement.

RECOMMENDED ACTION:

Read Resolution No. 2007-45 by title only.

Adopt Resolution No. 2007-45.

Councilmember White moved to read Resolution No. 2007-45 by title only, seconded by Councilmember Cooper.  The vote was unanimous in favor and title was read as follows:

Resolution No. 2007-45

A resolution authorizing the submission of a grant application to the Arizona Transportation Enhancement Program for the South San Francisco and Beaver Street calming project and authorizing the acceptance upon award of the grant agreement.

Councilmember Haughey moved to adopt Resolution No. 2007-45.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

L.

Consideration of Appointments:  Open Spaces Commission.  [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).  The names of the applicants may be obtained by contacting the City Clerk.]

RECOMMENDED ACTION:

Make one appointment to a natural sciences term expiring April, 2010; and one appointment to an at-large term expiring April, 2010.

Councilmember Kelty moved to appoint Cynthia Warzecha to a natural sciences term expiring April, 2010, and Jackie Dierke-Walker to an at-large term expiring April, 2010.  The motion was seconded by Councilmember White and passed on unanimous vote.

7.      PUBLIC HEARING ITEMS

A.

Consideration of Liquor License Application:  Lingmin Zhu “Bella Donna Fine Dining”, 2500 So. Woodlands Village Boulevard, No. 8, Series 12, New License.

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

The City Council has the portion 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.

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

Mr. Zhu, the applicant’s husband, spoke in favor of the application, noting that the applicant has had no violations or issues as the holder of past liquor licenses.

Sgt. Walter Miller, Flagstaff Police Department, conducted an investigation on the applicant, noting that the applicant has attended the required Arizona Department of Liquor License and Control training, and found no reason to oppose the application.

There being no public input, Councilmember Cooper moved to close the public hearing.  The motion was seconded by Councilmember White and passed on unanimous vote.

Councilmember White moved to forward the application to the State with a recommendation for approval.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

8.       COUNCIL DISCUSSION ITEMS

A.

Consideration of 2008 Resolutions:  League of Arizona Cities and Towns.

RECOMMENDED ACTION:

Discuss and make recommendations for the various 2008 League of Arizona Cities and Towns resolutions.

Theresa Alvarado, Human Resources Director, gave a brief presentation on the proposed resolutions for 2008.

The City Council discussed and made no changes to staff’s proposals regarding the League of Arizona Cities and Towns resolutions.

9.         INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF,             REQUESTS FOR FUTURE AGENDA ITEMS

10.       ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 8:12 p.m.

MAYOR

ATTEST:

CITY CLERK

CERTIFICATION

STATE OF ARIZONA,

Coconino County.

)

)

)

ss.

I, MARGIE BROWN, do hereby certify that I am the City Clerk of the City of Flagstaff, County of Coconino, State of Arizona, and that the above Minutes are a true and correct summary of the Meeting of the Council of the City of Flagstaff held on August 21, 2007.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 19th day of September, 2007.

CITY CLERK