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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

 

March 4, 2008

6:00 p.m.

 

A Meeting of the Flagstaff City Council was held on March 4, 2008 convening at 6:10 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 - Excused

Councilmember Swanson

Councilmember White

 

 

Also present were:

 

 

City Manager, Kevin Burke

City Attorney, Patricia Boomsma

 

3.       MINUTES

 

A.

Consideration of Minutes: Regular Council Meeting of January 15, 2008.

 

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.

 

4.        PUBLIC PARTICIPATION

 

Thaddeus Baker, representing the residents north of downtown, reported that the residents are very disappointed in how the City has handled their petition.  Their petition has been taken over by staff, and staff’s version of an ordinance establishing residential permit parking districts doesn’t address the concerns or meet the needs of the north-end neighborhood.

 

Lou Smith, north-end neighborhood resident, explained he has worked with his neighborhood through a two-year process to petition the City for residential permit parking districts, and is extremely disappointed with the City’s process and general disregard for their issues.

 

5.       CONSENT AGENDA

 

A.

Consideration of Sole Source Purchase:  Training Tower.

 

 

RECOMMENDED ACTION:

Approve the sole source purchase from Southwest Mobile, Inc. for a total cost of $458,960.00.

 

B.

Consideration of Extension of Annual Proposal:  Audit services.

 

 

RECOMMENDED ACTION:

Approve the final, one-year extension with Nordstrom and Associates, P.C. in the amount of $60,000.00.

 

C.

Consideration of Extension of Service Agreement:  Social services.

 

 

RECOMMENDED ACTION:

Approve the final, one-year extension to United Way in the amount of $342,390.00 for FY 08/09.

 

Councilmember Cooper moved to approve the Consent Agenda with the exception of Item 5C.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

 

Returning to Item 5C, Councilmember Swanson declared a conflict of interest, removed himself from the podium and did not enter into discussion or vote.

 

Councilmember White moved to approve the recommended action.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.  Councilmember Swanson was excused from the vote due to a conflict of interest.

 

Councilmember Swanson returned to the meeting.

 

6.     PUBLIC HEARING ITEMS (Public Hearing Items Will Not be Heard Prior to 6:00 p.m.)

 

A.

Consideration of Liquor License Application:  Scott Frederick Pasch, “High Country Conference Center at Northern Arizona University”, 201 W. Butler Avenue, Series 05, Government 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.

 

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

 

Scott Pasch, the applicant, made brief comments in favor of his application, stating the new conference center will bring many economic benefits to the community.

 

Sgt. Walter Miller, Flagstaff Police Department, conducted an investigation on the applicant and found no derogatory records, liquor violations or acts of violence.  Mr. Pasch has completed a nationally recognized liquor training class called TIPS, and is scheduled to attend the required Arizona Department of Liquor License and Control training.  Sgt. Miller found no reason to oppose the application.

 

There being no further citizen input, Councilmember Haughey moved to close the public hearing, seconded by Councilmember White.  The vote was unanimous in favor.

 

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.

 

B.

Consideration of Liquor License Application:  Steven Alvin, “Alvin’s”, 5200 E. Cortland Blvd., 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.

 

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

 

Steven Alvin, the applicant, asked that the Council approve his application and reported that he is also the manager of the Mason Jar Restaurant.

 

Sgt. Walter Miller, Flagstaff Police Department, conducted an investigation on the applicant and noted that, as holder of the liquor license for the Mason Jar, he received a citation for selling liquor to an intoxicated patron.  The bartender in the incident and Mr. Alvin paid a $1,500.00 fine.  Because of this incident, the Police Department is making no recommendation.

 

Mr. Alvin explained that because of the incident, all of his managers and bartenders from the Mason Jar and Alvin’s are scheduled to attend liquor training on March 19, 2008 given by “ACB.”

 

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

 

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

 

C.

Consideration of Resolution No. 2008-13:  A resolution of the City Council of the City of Flagstaff, Arizona, (“City”) declaring as a public record a certain document known as the Landmarks Design Review Overlay District Design Standards and Guidelines.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-13 by title only.

Adopt Resolution No. 2008-13.

 

Councilmember Cooper moved to read Resolution No. 2008-13 by title only, seconded by Councilmember Swanson.  The vote was unanimous in favor and title was read as follows:

 

 

Resolution No. 2008-13

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, (“City”) declaring as a public record a certain document known as the Landmarks Design Review Overlay District Design Standards and Guidelines.

 

 

Councilmember Swanson moved to adopt Resolution No. 2008-13.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

D.

Consideration of Public Hearing:  Establishment of a Landmarks Design Review Overlay (LDRO) Zoning District and the Landmarks Design Review Overlay District Design Standards and Guidelines.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

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

 

John McCulloch, downtown property owner, stated that the document under consideration was not released to the public in time to be properly reviewed before the public hearing, and before Council’s consideration and action this evening.  He urged the Council to go back out to the community and gather more information and feedback before moving forward.

 

There being no further citizen input, Councilmember White moved to close the public hearing, seconded by Councilmember Swanson.  The vote was unanimous in favor.

 

E.

Consideration of Ordinance No. 2008-09:  An ordinance of the City Council of the City of Flagstaff, Arizona establishing the Landmarks Design Review Overlay Zoning District and adopting by reference the Landmarks Design Review Overlay District Design Standards and Guidelines.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-09 for the first time by title only.

 

Councilmember Cooper moved to read Ordinance No. 2008-09 for the first time by title only.  The motion was seconded by Councilmember Swanson.

 

The Council was divided and observed that:

 

 

Only the owner should be able to nominate their property for inclusion.

 

Participation should be voluntary.

 

The ordinance gives too much authority to the Historic Preservation Commission.

 

Staff conducted a thorough and appropriate public input process.

 

During the discussion, it was noted that: 1) the ordinance does not reference the Townsite Historic Overlay District; 2) the intent of the ordinance is not to force participation, but to have applicant-driven involvement; 3) a nomination could happen without the property owner’s consent, but their consent would be required for including the property in the overlay zoning district; and 4) a property can only be nominated by the property owner, the planning director, or the City Council, as it is with all zoning requests.

 

City Attorney Boomsma clarified that “intent” is not binding on future interpretations of the ordinance.

 

The public has had many opportunities to comment at Historic Preservation Commission meetings, as well as other public meeting about this issue.  Additionally, there are two weeks before the final reading for the public to provide further input.

 

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

 

Title was read as follows:

 

 

Ordinance 2008-09

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona establishing the Landmarks Design Review Overlay Zoning District and adopting by reference the Landmarks Design Review Overlay District Design Standards and Guidelines.

 

 

F.

Consideration of Public Hearing:  Amendments to Chapters 10-02, Establishment of Zoning Districts and 10-15, Historic Preservation, of the Land Development Code.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Councilmember Haughey moved to open the public hearing.  The motion was seconded by Councilmember White and passed on unanimous vote.

 

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

 

G.

Consideration of Ordinance No. 2008-10:  An ordinance of the City Council of the City of Flagstaff, Arizona amending Title 10 of the Flagstaff Land Development Code to update and improve language regarding Historic and Landmark Design Review Overlay Districts.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-10 for the first time by title only.

 

Councilmember Cooper moved to read Ordinance No. 2008-10 for the first time by title only.  The motion was seconded by Councilmember White.

 

In response to Council concerns, Karl Eberhard, Historic Preservation Officer, identified that the Townsite Historic Design Review Overlay District has been enacted and is listed in the ordinance along with all other approved zoning districts.  It provides the users of the Land Development Code with the maximum amount of information possible about the zoning districts that exist in Flagstaff.

 

The motion passed on majority roll call vote as follows:

 

 

Mayor Donaldson

Aye

 

Vice-Mayor Overton

Nay

 

Councilmember Cooper

Aye

 

Councilmember Haughey

Nay

 

Councilmember Swanson

Aye

 

Councilmember White

Aye

 

Title was read as follows:

 

 

Ordinance 2008-10

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona amending Title 10 of the Flagstaff Land Development Code to update and improve language regarding Historic and Landmark Design Review Overlay Districts.

 

 

H.

Consideration of Public Hearing:  A request to rezone a parcel of land totaling 7,944 square feet at 19 South Agassiz Street to the Landmarks Design Review Overlay Zoning District.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Councilmember Cooper moved to open the public hearing, seconded by Councilmember White.  The vote was unanimous in favor.

 

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

 

I.

Consideration of Ordinance No. 2008-11:  An ordinance of the City Council of the City of Flagstaff, Arizona rezoning approximately 7,944 square feet of real property located at 19 South Agassiz Street from C2-E Community Commercial-Established Zoning District, to C2-E Community Commercial-Established Zoning District modified by the Landmarks Design Review Overlay Zoning District (LDRO).

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-11 for the first time by title only.

 

Councilmember Cooper moved to read Ordinance No. 2008-11 for the first time by title only, seconded by Councilmember White.

 

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

 

Title was read as follows:

 

 

Ordinance 2008-11

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona rezoning approximately 7,944 square feet of real property located at 19 South Agas siz Street from C2-E Community Commercial-Established Zoning District, to C2-E Community Commercial-Established Zoning District modified by the Landmarks Design Review Overlay Zoning District (LDRO).

 

 

7.      REGULAR AGENDA

 

A.

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 three appointments to terms expiring in March 2011.

 

Councilmember White moved to appoint Christopher Lanterman, Melissa Setren and Tracy Sondergaard to terms expiring in March 2011.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

 

B.

Consideration of Ordinance No. 2008-07:  An ordinance extending and increasing the corporate limits of the City of Flagstaff, Coconino County, State of Arizona, pursuant to the provisions of Title 9, Chapter 4, Article 7, Arizona Revised Statutes and amendments thereto, by annexing certain land totaling approximately .96 acres at 4249 and 4265 North Mountain Meadow Drive, which land is contiguous to the existing corporate limits of the City of Flagstaff, and establishing City zoning for said land as ER (Estate Residential).

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-07 for the first time by title only.

 

Councilmember Swanson moved to read Ordinance No. 2008-07 for the first time by title only, seconded by Councilmember Cooper.

 

Daniel Osorio, owner of one of the properties being considered, stated he has been paying City property taxes since 1969, and is desiring the annexation so he can hook up to City water.

 

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

 

Title was read as follows:

 

 

Ordinance 2008-07

 

 

 

An ordinance extending and increasing the corporate limits of the City of Flagstaff, Coconino County, State of Arizona, pursuant to the provisions of Title 9, Chapter 4, Article 7, Arizona Revised Statutes and amendments thereto, by annexing certain land totaling approximately .96 acres at 4249 and 4265 North Mountain Meadow Drive, which land is contiguous to the existing corporate limits of the City of Flagstaff, and establishing City zoning for said land as ER (Estate Residential).

 

 

C.

Consideration of Ordinance No. 2008-08:  An ordinance rezoning a total of approximately .96 acres at 4249 and 4265 North Mountain Meadow Drive, from ER (Estate Residential District) to UR (Urban Residential).

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-08 for the first time by title only.

 

Councilmember Swanson moved to read Ordinance No. 2008-08 for the first time by title only, seconded by Councilmember Cooper.

 

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

 

Title was read as follows:

 

 

Ordinance 2008-08

 

 

 

An ordinance rezoning a total of approximately .96 acres at 4249 and 4265 North Mountain Meadow Drive, from ER (Estate Residential District) to UR (Urban Residential).

 

 

D.

Consideration of Resolution No. 2008-12:  A resolution approving an agreement for waiver of claims for diminution in value for land use laws applicable to property located at 3955 South Lake Mary Road.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-12 by title only.

Adopt Resolution No. 2008-12.

 

Vice-Mayor Overton moved to read Resolution No. 2008-12 by title only.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2008-12

 

 

 

A resolution approving an agreement for waiver of claims for diminution in value for land use laws applicable to property located at 3955 South Lake Mary Road.

 

 

Vice-Mayor Overton moved to adopt Resolution No. 2008-12, seconded by Councilmember White.  The vote was unanimous in favor.

 

E.

Consideration of Ordinance No. 2008-06:  An ordinance rezoning approximately .532 acres of land located at 3955 South Lake Mary Road from C1-E, Neighborhood Commercial District Established to UC, Urban Commercial District.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2008-06 for the final time by title only.

Adopt Ordinance No. 2008-06.

 

Councilmember Cooper moved to read Ordinance No. 2008-06 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. 2008-06

 

 

 

An ordinance rezoning approximately .532 acres of land located at 3955 South Lake Mary Road from C1-E, Neighborhood Commercial District Established to UC, Urban Commercial District.

 

 

Councilmember Haughey moved to adopt Ordinance No. 2008-06, seconded by Councilmember White.  The motion passed on unanimous vote.

 

F.

Consideration of Resolution No. 2008-11:  A resolution approving the designation of Oakwood Village III as a community revitalization project established by the City of Flagstaff, which promotes safe and sanitary housing and supporting facilities, as part of a comprehensive workforce housing initiative.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-11 by title only.

Adopt Resolution No. 2008-11.

 

Vice-Mayor Overton moved to read Resolution No. 2008-11 by title only, seconded by Councilmember Swanson.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2008-11

 

 

 

A resolution approving the designation of Oakwood Village III as a community revitalization project established by the City of Flagstaff, which promotes safe and sanitary housing and supporting facilities, as part of a comprehensive workforce housing initiative.

 

 

Councilmember Haughey moved to adopt Resolution No. 2008-11.  The motion was seconded by Councilmember Swanson and passed on unanimous vote.

 

G.

Consideration of Resolution No. 2008-15:  A resolution of the Flagstaff City Council approving an intergovernmental agreement for the acceptance of hazardous wastes from Yavapai County households within the City of Sedona at the City of Flagstaff’s hazardous products center.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-15 by title only.

Adopt Resolution No. 2008-15.

 

Councilmember White moved to read Resolution No. 2008-15 by title only, seconded by Councilmember Cooper.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2008-15

 

 

 

A resolution of the Flagstaff City Council approving an intergovernmental agreement for the acceptance of hazardous wastes from Yavapai County households within the City of Sedona at the City of Flagstaff’s hazardous products center.

 

 

Councilmember White moved to adopt Resolution No. 2008-15, seconded by Councilmember Swanson.  The vote was unanimous in favor.

 

H.

Consideration of Resolution No. 2008-16:  A resolution authorizing the submission of a grant application for an Arizona State Parks Local, Regional and State Parks Heritage Fund Grant and authorizing the acceptance upon award of the grant agreement.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-16 by title only.

Adopt Resolution No. 2008-16.

 

Councilmember Cooper moved to read Resolution No. 2008-16 by title only.  The motion was seconded by Councilmember White and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2008-16

 

 

 

A resolution authorizing the submission of a grant application for an Arizona State Parks Local, Regional and State Parks Heritage Fund Grant and authorizing the acceptance upon award of the grant agreement.

 

 

Councilmember White moved to adopt Resolution No. 2008-16, seconded by Councilmember Haughey.  The vote was unanimous in favor.

 

8.      COUNCIL DISCUSSION ITEMS

 

A.

Consideration of Citizen Petition:  Legal impediments to affordable housing and a study for citizen opposition to wind generators.

 

 

RECOMMENDED ACTION:

The City Council may:

 

 

(1)

Table action to allow time to gather additional information.

 

 

(2)

Approve all or part of the petitioner’s request.

 

 

(3)

Deny the petitioner’s request.

 

 

(4)

Vote to take no action.

 

Councilmember Cooper moved to take no action, commenting that the information the petitioner is looking for is available through various sources.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote.

 

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

 

No items were submitted.

 

10.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 7:16 p.m.

 

 

 

 

                                                                         

MAYOR

ATTEST:

 

 

 

                                                                           

CITY CLERK

 

 

CERTIFICATION

 

STATE OF ARIZONA,

 

Coconino County.

 

)

)

)

 

ss.

I, MARGIE BROWN, do hereby certify that I am the City Clerk of the City of Flagstaff, County of Coconino, State of Arizona, and that the above Minutes are a true and correct summary of the Meeting of the Council of the City of Flagstaff held on March 4, 2008.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 2nd day of April, 2008.

 

 

 

 

                                                                           

CITY CLERK