NOTE:

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

SUMMARIZED MINUTES

COUNCIL MEETING

September 4, 2007

5:00 p.m.

A Meeting of the Flagstaff City Council was held on September 4, 2007, convening at 5:25 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 - Excused

Also present were:

City Manager, John Holmes

City Attorney, Patricia Boomsma

3.       MINUTES

A.

Consideration of Minutes: Regular Council Meetings of July 24, 2007 and August 7, 2007; and Special Council Meeting of July 30, 2007.

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

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

4.        PUBLIC PARTICIPATION

None.

5.       CONSENT AGENDA

A.

Consideration of Sole Source Payment:  Annual telephone maintenance and services.

RECOMMENDED ACTION:

Approve payment to Tele-Digit in an amount not to exceed $40,000.00 for telephone maintenance and services.

B.

Consideration of Purchase under Arizona State Contract:  Traffic signal material.

RECOMMENDED ACTION:

Approve the use of the Arizona State Contract for the purchase of signal material from Brown Wholesale Electric Company and Consolidated Electric Distributors in the amount of $108,853.00, plus applicable sales tax and freight.

C.

Consideration of Extension of Annual Contract:  Flagstaff Visitor Guide.

RECOMMENDED ACTION:

Approve the first, one-year extension with Prisma Graphic Corporation in the amount of $29,950.00, plus tax and freight.

Vice-Mayor Overton moved to approve the Consent Agenda.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.

6.      REGULAR AGENDA

A.

Consideration of Appointment of Alternate Councilmember Representative:  Northern Arizona Intergovernmental Public Transit Authority Board of Directors.  [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:

Appoint a Councilmember to serve as an alternate member to the Northern Arizona Intergovernmental Public Transit Authority Board of Directors.

Councilmember Cooper moved to appoint Vice-Mayor Overton and Councilmember Kelty to serve as alternate members to the Northern Arizona Intergovernmental Public Transit Authority Board of Directors.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

B.

Consideration of Applicants for Appointments:  Traffic 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 two appointments to terms expiring July, 2010.

Vice-Mayor Overton moved to appoint Willis Jensen to a term expiring July, 2010, and to table the second appointment.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

C.

Consideration of Applicants for Appointments:  Youth 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 eleven appointments to terms expiring June 30, 2008.

Councilmember Kelty moved to appoint Forrest Bousquet, Courtney Etsitty, Erika Begay, Ruth Hays, Rebecca Hays, Natalie Lucas, Angel Herrera, Zeke Ribelin, Levi Roberts, Robbie Robles, Jennifer Sechrist to regular terms expiring June 30, 2008, and to appoint Bianca Bojorquez and Nicole Lucas as alternates, expiring June 30, 2008.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

D.

Consideration of PC SUB 07-003:  A request from Lone Tree Investments for tentative plat approval for “The Estates at Pine Canyon – Unit Five”, containing 47 single-family lots on approximately 29.946 acres located at 3851 South Clubhouse Circle Drive (APN 105-10-179;  105-10-181; 105-10-159; 105-10-0162; and 105-10-163).

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 Cooper.

Mark Landsiedel, Community Development Director, responding to Council’s questions, stated that the Lone Tree Interchange is not on ADOT’s five year plan.  The cost of an interchange at Lone Tree is unknown as it has not yet been designed, but it is anticipated to be in the neighborhood of 25 to 30 million dollars.

Councilmember Swanson moved to recess into Executive Session for legal advice, seconded by Councilmember Kelty.  The vote was unanimous in favor.

The Council Meeting resumed at 7:08 p.m.

The motion passed on unanimous vote.

Councilmember Kelty moved to reconsider Item 6D, seconded by Vice-Mayor Overton.

Councilmember Swanson noted that he is opposed to the recommended action due to the fact that Pine Canyon has disregarded the terms of the development agreement, specifically by being a gated community.

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

Later in the meeting, City Attorney Boomsma requested that Council return to Item 6D to vote on the recommended action.

Vice-Mayor Overton moved to approve the recommended action for Item 6D, seconded by Councilmember Kelty.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton, and Councilmembers Cooper, Haughey, and Kelty in favor, and Councilmember Swanson opposed.

E.

Consideration of PC SUB 07-004:  A request for tentative plat approval by Hilltop Gardens LLC for the Hilltop Gardens Condominiums Subdivision, a planned option development containing five residential condominium units on an approximately .27-acre parcel located at 538 South Fountaine Street in the RMM-E/RMMO-E, Multi-Family Residential Overlay District, Established.

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

Vince Knaggs, Development Case Manager, stated that the proposed plat meets the requirements of the City’s Land Development Code and Engineering Standards, and was approved by the Development Review Board on July 19, 2007.

The motion passed on unanimous vote.

F.

Consideration of Resolution No. 2007-48:  A Resolution authorizing the submission of a grant application to the Gila River Indian Community whereby grant funds will pass through the City of Flagstaff to Northern Arizona University for the Nizhoni Academy program and authoring the acceptance upon award of the grant agreement.

RECOMMENDED ACTION:

Read Resolution No. 2007-48 by title only.

Adopt Resolution No. 2007-48.

Councilmember Haughey moved to read Resolution No. 2007-48 by title only, seconded by Councilmember Swanson.

Stacey Brechler-Knaggs, Grants Manager, briefly described the details of the grant application.

The vote was unanimous in favor, and title was read as follows:

Resolution No. 2007-48

A Resolution authorizing the submission of a grant application to the Gila River Indian Community whereby grant funds will pass through the City of Flagstaff to Northern Arizona University for the Nizhoni Academy program and authoring the acceptance upon award of the grant agreement.

Councilmember Haughey moved to adopt Resolution No. 2007-48.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

G.

Consideration of Special Event Funding Request:  La Joya de Sunnyside Fiesta de Independencia.

RECOMMENDED ACTION:

Approve funding in the amount of $1,000.00.

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

Coral Evans, Sunnyside Neighborhood Association, provided a brief overview of the event and the request for funding.

The motion passed on unanimous vote.

H..

Consideration of Appeal of Traffic Commission Decision:  25-mile-per-hour speed limit on Butler Avenue during school hours near Knoles Elementary School and Sinagua High School.

RECOMMENDED ACTION:

Deny the appeal.

Gerry Craig, Traffic Engineer, informed the Council that the Traffic Commission reviewed the speed limit issue at length, and believes the decision to create a 25-mile-per-hour speed limit during school hours is a good compromise for all concerned.

If the appeal is denied, the speed limit change and signage would take approximately three months to implement.

Individuals speaking in favor of appealing the Traffic Commission’s decision were:

Joe Farnsworth, Flagstaff resident.

Jan Ribelin, Flagstaff resident.

The following arguments were offered in support of the appeal:

•

If the current speed limit were to be aggressively enforced, there would be no need to lower the speed limit.

•

The distance between the road and the schools, wide sidewalks, the signal at Butler and Foxglenn, and crossing guards all provide adequate safety for school  pedestrians.

•

Lowering the speed limit will cause further congestion at the entrance of Knolls School, making the situation less safe.

Speaking in favor of denying the appeal were:

Mary K. Walton, Flagstaff resident.

Anne Vonesh, Flagstaff resident.

Wilma G. Ennenga, Flagstaff resident.

Arguments cited as reasons to deny the appeal included:

•

The incline in the road makes it difficult to see a school zone approaching.

•

Parents feel they have already compromised by accepting a 25-mile-per-hour zone over a preferred 15-mile-per-hour zone.

•

Children are afraid to walk to school because of speeding traffic.

•

There is a 15-mile-per-hour reduced speed zone for every other school in the City, and the City’s position is legally indefensible when it does not afford Knolls students the same safety measures as elsewhere.

Brent Cooper, Chief of Police, remarked that a 25-mile-per-hour zone would give the Police Department ample opportunity for enforcement.  This area is monitored as part of the department’s Targeted Radar Advisory Program.

Mayor Donaldson requested that staff expedite, as much as possible, the anticipated three-month implementation period.

Councilmember Cooper moved to deny the appeal, seconded by Councilmember Kelty.  The motion passed on unanimous vote.

I.

Consideration of Ordinance No. 2007-41:  An ordinance authorizing an easement and access agreement creating an access easement across a portion of Red Gap Ranch.

RECOMMENDED ACTION:

Read Ordinance No. 2007-41 for the first time by title only.

Councilmember Haughey declared a conflict of interest, removed himself from the podium, and did not enter into discussion or vote.

Randy Pellatz, Utilities Director, provided details on the proposed access agreement, which provides for a restricted easement for one parcel owner adjoining Red Gap Ranch.

Council discussed at length the possible ramifications of authorizing an easement for one land owner in the vicinity of Red Gap Ranch, which could set a precedent for all the other land owners in the area.  If multiple parcel owners requested and received an easement from the City, it would encumber much of the City’s investment.

Vice-Mayor Overton moved to table the item and schedule a time to receive legal advice.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.

Councilmember Kelty moved to reconsider Item 6I in order to hear public comment.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

Tony Freeman, attorney for the applicants, Paul and Anita Bjorkland, explained that there are legal avenues available to compel the City to provide legal access to the Bjorkland’s property, however, they prefer to negotiate with the City to avoid legal action.  Many, if not all, of the parcels in the vicinity of Red Gap Ranch have other means of legal access; the Bjorklands’ property does not.

Anita Bjorkland addressed the Council and spoke in favor of the proposed access agreement.

Councilmember Kelty moved to table, seconded by Vice-Mayor Overton.  The motion passed on unanimous vote.  Councilmember Haughey was excused from the vote due to a conflict of interest.

Councilmember Haughey returned to the meeting.

J.

Consideration of Resolution No. 2007-47:  A resolution approving amendments to the City Council’s Rules of Procedure.

RECOMMENDED ACTION:

Read Resolution No. 2007-47 by title only.

Adopt Resolution No. 2007-47.

Councilmember Kelty moved to read Resolution No. 2007-47 by title only, seconded by Vice-Mayor Overton.  The vote was unanimous in favor and title was read as follows:

Resolution No. 2007-47

A resolution approving amendments to the City Council’s Rules of Procedure.

Councilmember Kelty moved to adopt Resolution No. 2007-47.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

7.      PUBLIC HEARING ITEMS

A.

Consideration of Liquor License Application:  David Hernandez, “Mia’s Lounge”, 26 So. San Francisco Street, Series 6, Person and Location Transfer.

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.

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

David Hernandez, the applicant, presented himself to the Council and commented that he has been a Flagstaff resident since 1999.  Mia’s will be a quieter bar than the previous establishment, The Boardwalk, with no after-hour events.  The business will also discontinue the former practice of providing amplified music on the outdoor patio.

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

Mayor Donaldson noted that the Council received a letter from a neighboring citizen, Mr. Steve Wong, opposing the application and citing past noise and other disturbance issues at this location.

Councilmember Kelty moved to close the public hearing, seconded by Councilmember Haughey.  The vote was unanimous in favor.

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

B.

Consideration of Liquor License application:  Omar Quijani Melendez, “Cuzco’s”, 109 E. Phoenix, 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

Mayor Donaldson asked the applicant if he wished to make a presentation to the Council.

Omar Q. Melendez indicated that he is the applicant for Cuzco’s on East Phoenix.  He has been a resident of Flagstaff since 1988.  In addition to the Cuzco’s restaurant, he owns a construction company in town.  He works in Pine Canyon and has worked there for the last 3-1/2 years.  He has letters of good standing with the Better Business Bureau, the Registrar of Contractors, and with Westpac in Phoenix, the biggest general contractor with whom he works.  Mr. Melendez related that he is responsible and would be responsible with the liquor license if it is granted to him.  He has had incidents in his past and he hoped that his past would not be held against him or the business that he would like to make more successful than it currently is.  He urged the Council to make a recommendation for approval.

Responding to questions from the Council, Mr. Melendez noted that he has attended the liquor license training offered by the Liquor Board.  In that class, they cover things like how to manage to liquor, awareness, control, responsibility, having good ethics in the restaurant, and not to show favoritism or lets things slip by.  Mr. Melendez has met these standards in the past which is what has placed him in the position where he is today.

Sgt. Walter Miller, Flagstaff Police Department, related that Omar Melendez has filed an application for a Series 12 liquor license.  Mr. Melendez is the applicant for Cuzco’s which is currently located at 109 East Phoenix Avenue.  On July 30, 2007, an investigation was initiated into the liquor license application.  It is important to understand that the liquor license application is specific and precise.  One of the questions on the application asks:  “Have you ever been arrested for any offense?”--any offense other than speeding citations.  Mr. Melendez disclosed that he was arrested for a DUI by the Flagstaff Police Department on May 4, 2007.  Further investigation on the public access website confirmed that arrest and revealed a guilty plea on the charge.

Further investigation disclosed that Mr. Melendez was arrested in Flagstaff in 2004 for disorderly conduct in an assault on the south side of town.  That incident was not disclosed during the application process.

Further investigation on the public access information website identified that Mr. Melendez was arrested in 1998 for a possession of marijuana charge.

In lieu of the DUI arrested, Mr. Melendez’s privilege to drive in the State of Arizona was suspended and it has not been reinstated to this date.

Mr. Melendez attended the liquor license training put on by the Arizona Department of Liquor Licenses and Control on June 12, 2007.

As a result of the investigation, Sgt. Miller recommended that the City Council forward the application to the Arizona Department of Liquor License and Control with a recommendation for denial on the grounds that the applicant does not have the capability, qualifications, and reliability to hold a liquor license as required by the A.R.S. § 4-203(A).  The recommendation for disapproval was also based on the applicant knowingly filing an application with material information that is false and misleading.  In addition, such information would be grounds for revocation under A.R.S. § 4-210(A)(3)

Mr. Melendez acknowledged that he has made mistakes in the past and he does not try to hide or cover them up.  He believed that he has rectified his errors through correction and discipline and that he has addressed any previous legal issues.  To date, his financial status is clear and he has met the State’s requirements.  He felt that he may not have understood the terminology on his application and when he learned of the issues from Sergeant Miller, he was asked to go to Phoenix, write a letter, and file an amendment with the State, which he did.  He faxed the amendment to Sergeant Miller.  The following week, he was discouraged to learn from Sergeant Miller that the sergeant had changed his mind.  Nevertheless, he was ready to assume his responsibilities and own up to them.  He urged the Council not to hold the problems against his business.  He insisted that he is a person of character and that he upholds the things he has done.

Vice-Mayor Overton observed that the application is clear and that the rules are clear.  It is a great responsibility to hold a liquor license in any community, and Flagstaff in particular.  He was interested to learn Mr. Melendez’s response to the incidents he had been involved in and how those incidents would not affect his holding of a liquor license.  The incidents have been lengthy and there have been a number of them.  The application is very clear on those issues and he was disappointed that the disclosures had not been made.  He wondered whether it was an oversight on Mr. Melendez’s part or if Mr. Melendez had thought he could get by without it.

Mr. Melendez responded that it was not something that he thought he could get by with.  When Sergeant Miller called him to talk about the issues, he committed to taking care of it right away.  Because he was pressed for time, he wrote his amendment by hand and drove down to the State Department of Liquor Licenses and Control and asked/ them to stamp it and fax it back to Flagstaff.  He has nothing to hide.  He believed that Sergeant Miller did receive that amendment and he followed up numerous times during the week to make sure that it was received.  In addition, he has brought the amendment to the meeting should it be needed.

Sergeant Miller commented that he did not have the amendment.  He did have telephone conversations with the applicant where he requested Mr. Melendez to prepare an amendment.  Mr. Melendez told him that he had filed the amendment and Sergeant Miller asked that it be faxed to him; however, he never received it.  He also asked the applicant to fax a copy to City Hall, as well.

Mayor Donaldson asked Sergeant Miller to look at Mr. Melendez’s amendment and then asked the applicant if he has a valid Arizona driver’s license.

Mr. Melendez replied that he has a valid Arizona driver’s license.  When asked further to produce his license for the officer’s review, Mr. Melendez added that he did not have his license with him.  As far as driving his application to Phoenix, he was able to find someone to drive him to Phoenix.  In no way does he violate the law.

As to the assault, Mr. Melendez went downtown with coworkers and began drinking early.  Near the end of the evening they were intoxicated and one of his friends had words with an unknown third person and he was one of the people who were arrested.  He has changed his ways and when he makes a mistake, he rectifies it and makes sure it doesn’t happen again.

After reviewing the amendment, Sergeant Miller repeated that he stands by his recommendation.

Councilmember Kelty moved to close the public hearing.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

Councilmember Haughey moved to recommend disapproval of the liquor license application on the ground that the applicant has not made satisfactory showing of capability, qualifications and reliability.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

8.       COUNCIL DISCUSSION ITEMS

(No items were submitted.)

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

Councilmember Haughey requested that a work session be scheduled to discuss the potential financial risk to the community of defending the historic overlay district as a test case for Proposition 207.

Councilmember Kelty requested that a meeting be scheduled in the Southside community to discuss problems associated with student drinking, and possible remediation strategies.

10.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 7:42 p.m.

MAYOR

ATTEST:

CITY CLERK

CERTIFICATION

STATE OF ARIZONA,

Coconino County.

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)

)

ss.

I, MARGIE BROWN, do hereby certify that I am the City Clerk of the City of Flagstaff, County of Coconino, State of Arizona, and that the above Minutes are a true and correct summary of the Meeting of the Council of the City of Flagstaff held on September 4, 2007.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 17th day of October, 2007.

CITY CLERK