CITY COUNCIL REGULAR MEETING 4:00 P.M. |
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1. |
CALL TO ORDER
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).
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Mayor Nabours called the meeting of April 7, 2015, to order at 4:04 p.m. | |||||||||||
2. | ROLL CALL
Others present: Interim City Manager Jeff Meilbeck and City Attorney Michelle D'Andrea. |
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3. |
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
The audience and City Council recited the Pledge of Allegiance and Mayor Nabours read the Mission Statement of the City.
MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life of its citizens. |
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4. | APPROVAL OF MINUTES FROM PREVIOUS MEETINGS | ||||||||||||
A. | Consideration and Approval of Minutes: City Council Regular Meeting of March 17, 2015; and the Special Meeting of March 20, 2015. | ||||||||||||
Mayor Nabours noted that he had previously asked the City Clerk to correct one statement in the minutes of March 17, 2015, regarding the STEM event, to show it was to be held at the NAU Dome, not at Killip School. |
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Moved by Councilmember Scott Overton, seconded by Councilmember Karla Brewster to approve the minutes of the March 17, 2015, Regular Meeting and March 20, 2015, Special Meeting. | |||||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||||
5. | PUBLIC PARTICIPATION Public Participation enables the public to address the Council about an item that is not on the agenda (or is listed under Possible Future Agenda Items). Comments relating to items that are on the agenda will be taken at the time that the item is discussed. If you wish to address the Council at tonight's meeting, please complete a comment card and submit it to the recording clerk as soon as possible. Your name will be called when it is your turn to speak. You may address the Council up to three times throughout the meeting, including comments made during Public Participation. Please limit your remarks to three minutes per item to allow everyone an opportunity to speak. At the discretion of the Chair, ten or more persons present at the meeting and wishing to speak may appoint a representative who may have no more than fifteen minutes to speak. |
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Deputy Housing Director Sarah Darr introduce Ross Altenbaugh, the new Director of Flagstaff Shelter Services, who came forward and told a little about herself and her background. | |||||||||||||
6. |
PROCLAMATIONS AND RECOGNITIONS |
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7. | APPOINTMENTS Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1). None |
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8. | LIQUOR LICENSE PUBLIC HEARINGS None |
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9. | CONSENT ITEMS
All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items. |
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A. | Consideration and Approval of Grant Application and Acceptance upon Award: Arizona Governor's Office of Highway Safety (GOHS) Federal Fiscal Year 2016 for Police Department Applications for DUI Task Force, Youth Alcohol Prevention and Interdiction, Radar Units, Patrol Bicycles and Message Sign Board Grants. | ||||||||||||
Councilmember Oravits asked what a message board was. Sergeant Jay replied that it was the electronic signs used along roadways. He said that they have used the Public Work signs before, but this would allow them to have their own. |
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Moved by Councilmember Jeff Oravits, seconded by Councilmember Eva Putzova
to approve the application(s) and acceptance of an award to the Arizona Governor's Office of Highway Safety (GOHS) for grant funds for the Police Department in the amount of $45,240 for DUI Task Force activities, $44,160 for Youth Alcohol Prevention and Interdiction task force, $11,459.34 for Handheld Radars, $8,635.46 for Patrol Bicycles, and $20,793.60 for Message Sign Board.
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Vote: 7 - 0 - Unanimously | |||||||||||||
10. | ROUTINE ITEMS | ||||||||||||
A. | Consideration and Adoption of Resolution No. 2015-10: A resolution of the Mayor and Council of the City of Flagstaff, Arizona approving the City of Flagstaff Housing Authority's 5-Year Plan and authorizing submission to the United States Department of Housing and Urban Development (HUD) | ||||||||||||
Deputy Housing Director Sarah Darr came forward, noting that Mr. Goughin was unable to attend the meeting today. She explained that this was the guiding plan for Housing and they also do an annual plan. She said that this plan is written to be very broad, in a format dictated by HUD. Mayor Nabours said that he sits on the Housing Board, as required by statute, and they have been working on this for awhile. He said that HUD likes to know what the City is doing and for the most part they intend to keep doing what they have been doing, and add more if possible. Ms. Darr said that they have talked about increasing the rental opportunities in the City. |
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Moved by Councilmember Scott Overton, seconded by Councilmember Coral Evans to read Resolution No. 2015-10 by title only. | |||||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||||
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA APPROVING THE CITY OF FLAGSTAFF HOUSING AUTHORITY'S F-YEAR PLAN AND AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) |
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Moved by Councilmember Karla Brewster, seconded by Councilmember Eva Putzova to adopt Resolution No. 2015-10. | |||||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||||
B. | Consideration and Acceptance of Proposal and Contracts and Adoption of Resolution No. 2015-13: Community Banking Program Services (Approve contracts with Alliance Bank and adopt Resolution authorizing agents for financial transactions) |
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Revenue Director Andy Wagemaker said that he did not have a formal presentation, but was available for any questions. He is that this is a culmination of a one-year process which they started last year, and had a formal presentation last September before Council wherein the Council gave direction to move forward. Mr. Wagemaker said that they had a few requirements with the Request for Proposals (RFP) that included 1) a chartered bank within Arizona located within the City of Flagstaff; and 2) wanted them to commit to as much as they could to lending locally whether that was within the City or County. He said that they issued the RFP and only received one response, from Alliance Bank. Mayor Nabours asked if the money was totally and fully insured. Mr. Wagemaker replied that it was; all monies sent would be FDIC insured and collateralized. Vice Mayor Barotz said that it was her understanding that there was no guarantee that any loans would be made within the City. Mr. Wagemaker said that was correct. The City would be depositing the funds, but they cannot dictate how they lend it out. Vice Mayor Barotz asked why it is considered a community banking program. Mr. Wagemaker said that there are many definitions for "community banking." Vice Mayor Barotz said that it is the Council's desire that the loans be made locally, but it is not necessarily going to happen. Mayor Nabours added that the bank would be reporting back to the Council and the Council could discontinue if they were not doing what they had intended. Mr. Wagemaker said that based on their regulations, their annual reports will allow them to talk about how they can lend locally, but it would be in broader terms without naming names. Councilmember Evans said that she had the following questions:
Councilmember Overton said that he was comfortable with this program. He said that when Alliance Bank came before the Council previously he was pleased with their answers and their verbal commitment was to use these funds locally. Mayor Nabours said that when they report back they can answer those questions and show that the loans are local. Councilmember Putzova said that she realized this was a project they have been working on for some time. When she reviewed the original Council meeting it appeared that the intent of the program was to increase loans to local businesses. When she looks over the contract she has not seen anything that would make her believe that is going to be accomplished. She did not see any references that the bank would increase its risk and consider other loans they would not otherwise consider. Nothing in the contract suggests that there would be any activity beyond what they are already doing. Also, she could not figure out how in the annual report the bank would segregate their activity. Mr. Wagemaker said that this program is not designed to dictate to the bank to change their lending standards or guarantee that they will all be spent locally. It really is what they are comfortable in divulging to the Tucson bank. They cannot get into who they are and how much was lent. Councilmember Putzova asked if it was going to be the same entity making the loans and accepting the funds. Mr. Wagemaker said that the City places an investment with Alliance and they spread it around with a bunch of different banks, but the loans to local businesses will be made by Alliance Bank. Vice Mayor Barotz said that her belief was that community banking will, not might, benefit the community. She thought the more genuine way to frame this was to transfer $5 million to Alliance Bank on deposit to buy CD's that may or may not be used within the community. She said that if they are going to approve it, it should say what it is. Councilmember Putzova said that if the RFP had the intent to increase the number of loans made locally and they only got one response, they could always go back to the bank and ask for an amendment to have specific language talking about either volume, number of businesses, outline criteria, or something that would be measurable for the City. Charlie Silver, Flagstaff, said that he had earlier sent an e-mail to the Council in support of this program, but in light of the discussion, he wished to rescind that support. He did not think this met the intent of those words to the community. He said that he did support the promise to look at it further. Mr. Wagemaker said that the way this program was built was different. They did not have any stipulation in the RFP. The intent was to provide for more local loans, but there was no guarantee stipulated. Mayor Nabours said that the community banking may have a different meaning and be a different plan. Maybe they were talking about a program financed by the City, but he never understood that this is what this was going to be. He said that this was presented as an opportunity that if a local bank was given monies from the City, then they would have an incentive to make local loans. The City would be one of their customers and theoretically they would report back to the City next year and to keep the City as a customer they would show what was done locally with their money. Management Services Director Barbara Goodrich said that they never put in the RFP that loans would have anything to do with small business loans; that was not information they asked for. She said that there are other programs that address those type of loan programs. Councilmember Putzova asked if there was any language in the RFP referring to making local loans. Ms. Goodrich said that there was language in the RFP that addressed their community reinvestment rate, but they never tried to require a guarantee of local loans. Vice Mayor Barotz said that she was not suggesting that anyone tried to mislead, but terminology mattered and if this was not a community banking program, they should call it was it was. Councilmember Putzova said that she read through the contract and it was dense. She could not find a plan for how the loans were going to be made and how they would meet the criteria. Mr. Wagemaker said that he did not have the plans in front of him, but they did have a plan of what they would be doing locally. As far as a breakdown, they cannot access their records and cannot look at who they are loaning to. Mr. Wagemaker clarified that it stated "up to" $5 million. Councilmember Evans said that she agreed with Vice Mayor Barotz's comments. If they move forward with this the wording should be changed to state what it really is. She said that if it is "up to" perhaps they could take some of those funds and use them for a program that is a true community banking program. Mayor Nabours said that would be a discussion for another day. Mr. Meilbeck said that what he was hearing is that there was relative support for the program, although it was not appropriately named, and perhaps they should consider doing more in the name of a true community program with quantifiable value. Councilmember Overton said that they had that discussion when they first talked about community banking. This was the limit. He was okay with calling it a different name, but he is not interested in creating a micro loan funds program. Moved by Councilmember Scott Overton and seconded by Councilmember Jeff Oravits to accept the proposal and approve contracts with Alliance Bank of Arizona for a community banking program. A break was held from 4:55 p.m. to 5:03 p.m. |
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Moved by Councilmember Eva Putzova, seconded by Councilmember Coral Evans to amend the motion to request staff contact Alliance Bank and ask for a specific plan of how the additional $5 million would contribute to the local community and amend the contracts to that end. | |||||||||||||
Vote: 3 - 4 | |||||||||||||
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Councilmember Overton and Councilmember Oravits withdrew their original motion and second. |
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Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to postpone this item until the May 5, 2015, Council meeting. | |||||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||||
C. | Consideration and Adoption of Resolution No. 2015-12: A resolution of the Council of the City of Flagstaff, Arizona declaring for purposes of Section 1.150-2 of the Federal Treasury Regulations, official intent to be reimbursed in connection with certain capital expenditures relating to the Road Repair and Street Safety Initiative. (Reimbursement resolution for the Road Repair and Street Safety Initiative). | ||||||||||||
Ms. Goodrich said that with the passing of Question No. 406 at last November's election, part of the agreement was the issuance of $20 million in bonds to advance the program quickly. As it is going to be advancing quickly, they will have expenditures exceeding their sales tax collection. This resolution gives the City the ability to spend over that amount and then reimburse itself when the revenue comes back in. She added that they would also combine this issuance with the Core Services project to minimize issuance costs. | |||||||||||||
Moved by Councilmember Jeff Oravits, seconded by Councilmember Karla Brewster to read Resolution No. 2015-02 by title only. | |||||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||||
A RESOLUTION OF THE COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA DECLARING FOR PURPOSES OF SECTION 1.150-2 OF THE FEDERAL TRASURY REGULATIONS, OFFICIAL INTENT TO BE REIMBURSED IN CONNECTION WITH CERTAIN CAPITAL EXPENDITURES RELATING TO THE ROAD REPAIR AND STREET SAFETY INITIATIVE |
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Moved by Councilmember Jeff Oravits, seconded by Councilmember Karla Brewster to adopt Resolution No. 2015-02. | |||||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||||
RECESS
The 4:00 p.m. portion of the April 7, 2015, Council meeting recessed at 5:12 p.m. 6:00 P.M. MEETING
RECONVENE
Mayor Nabours reconvened the April 7, 2015, Council meeting at 6:02 p.m. |
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NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).
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11. | ROLL CALL
Others present: Interim City Manager Jeff Meilbeck and City Attorney Michelle D'Andrea. |
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12. | PUBLIC PARTICIPATION | ||||||||||||
Dr. Paul Flikkema, NAU professor, and Nicole Woodman, Flagstaff Sustainability Manager, discussed the Global City Team Challenge program at NAU and City Hall, including the applications of building energy efficiency/comfort and real-time public health. Dave Thompson introduced members of the COCOnuts, who then gave a presentation to the audience that they will be presenting in two weeks at the international competition in St. Louis, Missouri. |
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13. |
CARRY OVER ITEMS FROM THE 4:00 P.M. AGENDA |
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14. | PUBLIC HEARING ITEMS | ||||||||||||
A. | Public Hearing, Consideration and Adoption of Ordinance No. 2015-03: Public hearing to consider proposed amendments to the Flagstaff City Code to add freight and trucking facility as a permitted use in the Research and Development (RD) zone. Specifically, Title 10, Zoning Code, Division 10-40.30 (Non-Transect Zones), Section 10-40.30.050 (Industrial Uses) and related amendments to Division 10-80.20 (Definition of Specialized Terms, Phrases, and Building Functions), specifically Sections 10-80.20.060 (Definitions, "F.") and 10-80.20.200 (Definitions, "T.") and first reading of Ordinance No. 2015-03. | ||||||||||||
Zoning Code Administrator Roger Eastman explained that when rewriting and updating the former Land Development Code (LDC) as the new Zoning Code adopted on November 1, 2011, the former Euclidian or conventional use-based zones were combined with the performance-based zones established with the 1991 adoption of the LDC to create the new zoning districts now in effect. In the Research and Development (RD) Zone, the freight and trucking land use category was inadvertently omitted. The proposed text amendments described in this staff summary and detailed in Ordinance 2015-03 seek to remedy this error by re-instating the freight and trucking facility land use. Mayor Nabours opened the Public Hearing. There being no public input, Mayor Nabours closed the Public Hearing. |
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Moved by Councilmember Jeff Oravits, seconded by Councilmember Scott Overton to read Ordinance No. 2015-03 by title only for the first time. | |||||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||||
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B. | Public Hearing, Consideration and Adoption of Annexation Ordinance No. 2015-02: An annexation ordinance extending and increasing the corporate limits of the City of Flagstaff by annexing land totaling approximately 135.91 acres located at 4100 & 4250 Kiltie Lane, establishing city zoning as RD (Research and Development) for 125.91 acres and HC (Highway Commercial) for 10 acres including right-of-way for Flagstaff Ranch Road and Kiltie Lane. (Annexation of property for W.L. Gore located on Kiltie Lane) | ||||||||||||
Planning Development Manager Tiffany Antol presented a PowerPoint presentation regarding the application for annexation of property for W.L. Gore that addressed the following: W.L. GORE ANNEXATION REQUESTS PROPOSED DEVELOPMENT CONCEPT PLAN FLAGSTAFF REGIONAL PLAN 2030 REGIONAL PLAN COMPLIANCE PUBLIC FACILITIES AND SERVICE IMPACT ANALYSIS RECOMMENDATION She said that the Planning and Zoning Commission heard the request and unanimously approved it with three conditions:
1. APN 116-04-007F and 116-04-008E shall be located within the RD (Research and Development)Zone in their entirety, 10 acres in the northeast corner of APN 116-04-003Y as described in Exhibits F and F-1 shall be located within the HC (Highway Commercial) Zone and the remaining 32.56 acres of APN 116-04-003Y as described in Exhibits F and F-1 shall be located within the RD (Research and Development Zone |
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Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to read Ordinance No. 2015-02 by title only for the first time, which includes the three recommendations of the Planning and Zoning Commission. | |||||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||||
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Mayor Nabours thanked W.L. Gore for their presence in Flagstaff | |||||||||||||
15. | REGULAR AGENDA | ||||||||||||
A. | Consideration and Adoption of Resolution No. 2015-02: A resolution of the Mayor and Council of the City of Flagstaff, Arizona adopting the Community Reinvestment Plan (Community Reinvestment Plan) | ||||||||||||
Community Design and Redevelopment Manager Karl Eberhard briefly reviewed the policy, noting that staff removed the annotations and looked at the language of possible implementation strategies, as previously directed by Council. |
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Moved by Vice Mayor Celia Barotz, seconded by Councilmember Eva Putzova to read Resolution No. 2015-02 by title only. | |||||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||||
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA ADOPTING THE COMMUNITY REINVESTMENT PLAN |
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Moved by Vice Mayor Celia Barotz, seconded by Councilmember Eva Putzova to adopt Resolution No. 2015-02 | |||||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||||
B. | Consideration and Approval of Grant Application: Arizona State Parks FY 2015 Recreational Trails Program Grant for Picture Canyon. | ||||||||||||
Sustainability Specialist McKenzie Jones said that they were before Council asking for approval of a grant application to fund trail construction and maintenance at Picture Canyon. She then introduced Betsy Emery, Open Space Aide through AmeriCorp, who wrote the application and reviewed it through a PowerPoint presentation that included: SITE IMPROVEMENTS FUNDING SOURCES PURPOSE OF RESOLUTION Councilmember Overton asked if they have pegged a number of what maintenance costs will be at Picture Canyon. Ms. Jones said that they do not have a precise number, but they do have a basic estimate for all of the start up projects. Councilmember Overton said that when they acquired Picture Canyon they recognized it would be a challenge to handle the maintenance and he appreciated the efforts; he thought this was a positive direction that helped the General Fund. Ms. Jones invited everyone to join them on June 6 at Picture Canyon for National Trails Day. |
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Moved by Vice Mayor Celia Barotz, seconded by Councilmember Scott Overton to approve the grant application to Arizona State Parks FY 2015 Recreational Trails Program for a total estimated project cost of $128,506 ($74,446 grant/ $54,060 match). | |||||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||||
Moved by Mayor Jerry Nabours, seconded by Councilmember Scott Overton to read Resolution No. 2015-09 by title only. | |||||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||||
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Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to adopt Resolution No. 2015-09. | |||||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||||
C. | Consideration of Election Dates for Future Municipal Elections | ||||||||||||
Ms. Burke gave a brief overview of the pros/cons of specific election dates and reviewed the respective term lengths that would be associated with each. Councilmembers discussed the benefits of each and ultimately directed staff to bring forward two dates for voters to consider in the November 2015 election: spring of odd-numbered years and fall of even-numbered years. |
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16. | DISCUSSION ITEMS None |
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17. | POSSIBLE FUTURE AGENDA ITEMS Verbal comments from the public on any item under this section must be given during Public Participation near the beginning of the meeting. Written comments may be submitted to the City Clerk. After discussion and upon agreement of three members of the Council, an item will be moved to a regularly-scheduled Council meeting. |
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A. | Possible Future Agenda Item: Request by Councilmember Evans to place a review and discussion of Senate Bill 1241 regarding a prohibition on the ban of plastic bags on a future agenda. |
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Councilmember Evans said that she would like to have a future discussion about the issue of plastic bags and the state's preemption of allowing local control. She said that they had a commission look at the issue and also a City Manager task force, and now the state has preempted them. She would like to have an opportunity to discuss the legalities of it. Vice Mayor Barotz and Councilmembers Evans and Putzova agreed to move the item forward. | |||||||||||||
B. | Possible Future Agenda Item: Request by Councilmember Oravits for an update on Code Enforcement’s roles and responsibilities. |
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Councilmember Oravits said that he would like to have a roundtable discussion on how code enforcement prioritizes their efforts which so many different areas being addressed, in an attempt to keep the city looking better. Mayor Nabours and Councilmember Brewster agreed to move this item along with Councilmember Oravits to a future agenda. Councilmember Putzova voiced concern with this direction leading into management, while the role of the Council is to set policy. Mr. Meilbeck said that he believed they could provide some information for everyone's benefit without crossing that line. |
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C. | Possible Future Agenda Item: Request by Councilmember Putzova to add a regularly scheduled section to the City Council Agenda titled “State Legislation Review and Discussion” when the State Legislature is in session. |
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Councilmember Putzova said that there has been a lot going on last legislative session and a lot of unexpected bills and strikers. In December the Council set up their legislative agenda, but in early spring it was difficult for them to be informed in time to consider something as a body. She said that she would like to discuss the possibility of adding a section to the agenda, when the legislature is in session, that would allow for discussion at any meeting. She said that it would also be a good way to educate the public. Vice Mayor Barotz and Councilmember Evans agreed to move this item forward to an agenda for further discussion, along with Councilmember Putzova. | |||||||||||||
18. | INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS FOR FUTURE AGENDA ITEMS | ||||||||||||
Councilmember Putzova asked for a CCR on the previous legislative agenda that reviews the activities that the city staff and councilmembers were involved in when negotiating or lobbying for amendments or opposing/supporting individuals bills. Vice Mayor Barotz requested a CCR on gender pay equity within the City of Flagstaff. She also requested a future agenda item for the Council to consider weighing in on the request for League resolutions as it seemed like a good time to talk about that. Vice Mayor Barotz also requested a CCR with a short explanation of how the Zoning Code addresses neighborhood meeting requirements for rezoning. She asked if they want to look at it and find ways to improve so that the public has been involved before it gets to the Council. Councilmember Overton noted that if they refer to the Working Calendar, they are already booked into July and they need to recognize they still have to hire a city manager and get through the budget. |
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19. | ADJOURNMENT The Regular Meeting of the Flagstaff City Council held April 7, 2015, adjourned at 7:32 p.m. |
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CERTIFICATION
I, ELIZABETH A. BURKE, 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 April 7, 2015. I further certify that the Meeting was duly called and held and that a quorum was present.
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