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

May 5, 2009

5:00 p.m.

A meeting of the Flagstaff City Council was held on Tuesday, May 5, 2009 convening at 5:04 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 Presler.

1.      PLEDGE OF ALLEGIANCE, READING OF THE VISION STATEMENT, AND INVOCATION

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

2.      ROLL CALL

On roll call, the following were present:

Mayor Presler

Vice Mayor White

Councilmember Brewster

Councilmember Evans

Councilmember Haughey, Excused

Councilmember Overton

Councilmember Swanson

Also present were:

City Manager, Kevin Burke

City Attorney, Patricia Boomsma

3.       MINUTES

No minutes were submitted.

4.        PUBLIC PARTICIPATION

a.

Signing Ceremony for Habitat for Humanity Homes.

David McIntire, Housing Manager, in concert with representatives from Habitat for Humanity, introduced three families who will be receiving homes completed by Habitat on city property.

Regular Public Participation:

Natalie Lucas, Youth Commission Chairperson, appreciated her recent opportunity to attend a Green Cities conference and asked that more outreach be made to involve students in city issues.

Betsy McKellar reported on the status of Walnut Canyon.

5.      CONSENT AGENDA

A.

Consideration of Grant Application:  Recovery Act Edward Byrne Memorial Justice Assistance grant for police staff overtime and county sheriff narrow band radios.

RECOMMENDED ACTION:

(1)

Approve the grant application in the amount of $311,417.00, and:

(2)

Authorize acceptance upon award of the grant agreement.

B.

Consideration of Intergovernmental Agreement:  Recovery Act Edward Byrne Memorial Justice Grant for police staff overtime and county sheriff narrow band radios.

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County.

C.

Consideration of Extension of Contract:  Property/casualty insurance renewal.

RECOMMENDED ACTION:

(1)

Approve a one-year extension with Willis of Arizona for the period of June 1, 2009 through June 1, 2010 at the same prices and conditions, and:

(2)

Approve the renewal of insurance with Willis of Arizona and authorize the payments of premiums and broker fees for the period of June 1, 2009 through May 31, 2010 in an amount not to exceed $845,048.00.

D.

Consideration of Payment of Claims Expense:  A. Miner Contracting v. City of Flagstaff, et.al.

RECOMMENDED ACTION:

Authorize payments not to exceed $55,000.00.

E.

Consideration of Change Order No. 3:  Aspen Place at The Sawmill improvement district project.

RECOMMENDED ACTION:

Approve Change Order No. 3 to Pooled Resources in an amount not to exceed $75,000.00 and a 119 day contract time extension.

F.

Consideration of Change Order No. 4:  Consultant services for Phase II of the Rio de Flag right-of-way and utility project.

RECOMMENDED ACTION:

Approve the Change Order No. 4 with Shephard Wesnitzer Inc. in the amount of $1,038,036.34 and a 270 calendar day contract extension.

G.

Consideration of Street Closure:  2009 Northland Hospice run/walk.

RECOMMENDED ACTION:

Approve the street closure of Birch Avenue between Humphreys Street and Sitgreaves on Saturday, June 27, 2009.

H.

Consideration of Alcohol Service on Heritage Square:  Flagstaff Music Festival.

RECOMMENDED ACTION:

Approve the alcohol service on Heritage Square from June 20-21, 2009.

Councilmember Evans moved to approve the Consent Agenda with the exception of Items A, D, F, G, and H.  Upon second by Councilmember Brewster, the vote was unanimous in favor.

Returning to Item 5A, Councilmember Overton moved to approve the recommended action, seconded by Councilmember Evans.  The motion passed on unanimous vote.

Returning to Item 5D, Councilmember Overton moved to convene into executive session.  The motion was seconded by Councilmember Swanson and passed unanimously.

The Council meeting reconvened at 5:41 p.m., whereupon Vice-Mayor White moved to accept the recommendation, seconded by Councilmember Evans.  The vote was unanimous in favor.

Returning to Item 5F, Vice-Mayor White moved to approve the recommended action, seconded by Mayor Presler.

Collis Lovely expressed his opposition to the change order.

The Council requested that a work session discussion on the Rio de Flag project be scheduled after the summer break.

The motion to approve passed on majority vote with Mayor Presler, Vice-Mayor White, and Councilmembers Brewster, Evans, and Overton voting in favor, and Councilmember Swanson opposed.

Returning to Item 5G, Vice-Mayor White moved to approve the recommendation, seconded by Councilmember Brewster.

Heather Rogers of Northland Hospice urged the Council to support their request for a waiver of the decibel limit in the noise ordinance.

The motion passed on unanimous vote.

Returning to 5H, Mike Taylor and Matt Zigler spoke in favor of the request to serve alcohol at Heritage Square for the event.

Vice-Mayor White moved to take the recommended action.  The motion was seconded by Councilmember Evans and passed on unanimous vote. 

6.     PUBLIC HEARING ITEMS (Public Hearing Items Will Not be Heard Prior to 5:30 p.m.)

A.

Consideration of Liquor License Application:  Martin Reyes Gonzales ?El Mexicano Restaurant?, 2118 N. 4^th Street, Series 12, New License.

Open the public hearing.

Receive citizen input.

Close the public hearing.

The City Council has the option to :

RECOMMENDED ACTION:

(1)

Forward the application to the State with a recommendation for approval;

(2)

Forward the application to the State with no recommendation;

(3)

Forward the application to the Sate with a recommendation for denial based on the testimony received at the public hearing and/or other factors.

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

Sergeant Ryan Coons, Flagstaff Police Department, found no reason to oppose the liquor license application during his background investigation.

Martin Gonzales, the applicant, advocated in support of his application.

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

Vice-Mayor White moved to forward the application to the State with a recommendation for approval, seconded by Councilmember Evans.  The vote was unanimous in favor.

7.      REGULAR AGENDA

A.

Consideration of Applicants for Appointments:  Flagstaff City/Coconino 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 the appointments as follows:  One partial city resident term expiring November 2010, two appointments to city resident term expiring November 2011, and ratify the appointment of Supervisor Lena Fowler, Coconino County.

Mayor Presler moved to appoint Joyce Taylor to a term expiring November, 2011; Jean Cray to a term expiring November, 2010; Joanne Parks to a term expiring November, 2011, and to ratify the County appointment of Lena Fowler.  Upon second by Vice-Mayor White, the motion passed on unanimous vote.

B.

Consideration of Ordinance No. 2009-12:  An ordinance of the City Council of the City of Flagstaff, Arizona, amending the City of Flagstaff Personnel Policies Section 1-50-030.20, ?Dependent Sick Leave?, updating position titles to match current organizational structure and adding domestic partner benefits; Section 1-50-040, ?Bereavement Leave?, defining immediate family members, adding domestic partner benefits, and defining working day,; Section 1-50-100 ?Donated Leave?, updating position titles to match current organization structure and adding domestic partner benefits; amending Section 1-70-010, ?City Group Benefits,? to add domestic partners and new subsections relating to eligibility, definitions, employee and employer contributions, termination of coverage, life insurance, long term disability, flexible spending account, and health savings; adding new Subsection 1-70-020, ?Employee Wellness?; and new Subsection 1-70-030, ?Retiree Insurance?; and new Subsection 1-70-050, ?Uniforms.

RECOMMENDED ACTION:

Read Ordinance No. 2009-12 for the first time by title only.

Vice-Mayor White moved to Read Ordinance No. 2009-12 for the first time by title only, seconded by Councilmember Brewster.

Vice-Mayor White moved to strike the language in the proposed amendments that would require domestic partners to have lived together for 12 consecutive months prior to being eligible for benefits, seconded by Councilmember Evans.  The motion passed on split vote with Mayor Presler, Vice-Mayor White, and Councilmembers Evans and Swanson voting in favor, and Councilmembers Brewster and Overton voting against.

The underlying motion to read passed on unanimous vote and title was read as follows:

Ordinance No. 2009-12

 An ordinance of the City Council of the City of Flagstaff, Arizona, amending the City of Flagstaff Personnel Policies Section 1-50-030.20, ?Dependent Sick Leave?, updating position titles to match current organizational structure and adding domestic partner benefits; Section 1-50-040, ?Bereavement Leave?, defining immediate family members, adding domestic partner benefits, and defining working day,; Section 1-50-100 ?Donated Leave?, updating position titles to match current organization structure and adding domestic partner benefits; amending Section 1-70-010, ?City Group Benefits,? to add domestic partners and new subsections relating to eligibility, definitions, employee and employer contributions, termination of coverage, life insurance, long term disability, flexible spending account, and health savings; adding new Subsection 1-70-020, ?Employee Wellness?; and new Subsection 1-70-030, ?Retiree Insurance?; and new Subsection 1-70-050, ?Uniforms.

8.      COUNCIL DISCUSSION ITEMS

A.

Consideration of Petition Re:  Completion of Fourth Street to John Wesley Powell Boulevard.

RECOMMENDED ACTION:

(1)

The City Council may table the action to allow time to gather additional information.

(2)

The City Council may approve all or part of the petitioner?s request.

(3)

The City Council may deny the petitioner?s request.

(4)

The City Council may vote to take no action.

Petitioner Bill Hughes explained his support for the completion of Fourth Street.

Mr. Hughes was directed to the City Clerk?s Office to obtain information on dates, times, and locations for the Flagstaff Metropolitan Planning Organization, Traffic Commission, and Regional Plan Update meetings.

9.      PUBLIC PARTICIPATION

None.

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

Vice-Mayor White will be bringing forward a resolution with an energy efficiency element to piggyback onto the Unisource Rate Case that is currently being held.

Councilmember Swanson believes that the time has come for a substation on the east side.

Mayor Presler asked for a timeline on the completion of:

?

The children?s bicycle helmet ordinance

?

Inclusive community signage.

The City Council agreed to the scheduling of a Regional Plan update on May 19 beginning at 4:00 p.m.

11.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 7:40 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 May 5, 2009.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 2nd day of June, 2009.

CITY CLERK