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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

 

May 19, 2009

6:00 p.m.

 

A meeting of the Flagstaff City Council was held on Tuesday, May 19, 2009 convening at 6:03 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 MISSION STATEMENT, AND INVOCATION

 

Mayor Presler 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 Presler

 

Vice Mayor White, Excused

Councilmember Brewster

Councilmember Evans

Councilmember Haughey

Councilmember Overton

Councilmember Swanson, Excused

 

 

Also present were:

 

 

Acting City Manager, Jim Wine

City Attorney, Patricia Boomsma

 

3.      APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

 

A.

Consideration of Minutes: Regular Council Meeting of October 7, 2008.

 

RECOMMENDED ACTION: Approve the minutes as submitted/corrected.

 

The minutes were withdrawn from consideration.

 

4.      PUBLIC PARTICIPATION

 

None.

 

5.      CONSENT AGENDA

 

A.

Consideration of Bids:  Sale of city -owned property located at 3200 W. Mountain Dr., formerly Fire Station #5.

 

 

RECOMMENDED ACTION:

Accept the bid from Mark Haughwout in the amount of $225,010.00.

 

This item was withdrawn at the request of the bidder.

 

B.

Consideration of Construction Manager at Risk Contract:  Construction phase service for the Street Maintenance Program 2009- Stimulus.

 

 

RECOMMENDED ACTION:

(1)

Approve the construction manager at risk contract to C and E Paving and Grading, LLC. for a guaranteed maximum price number two in an amount not to exceed $3,500,000.00, including a $100,000.00 contingency to cover costs associated with unanticipated or additional items of work;

 

 

(2)

Authorize change order authority in the amount of $350,000.00 (10%) to cover potential costs associated with unanticipated or additional items of work; and

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

C.

Consideration of Intergovernmental Agreement:  Fire and emergency medical services.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Flagstaff Ranch Fire District.

 

D.

Consideration of Revised First Amendment to Intergovernmental Agreement:  Information sharing for law enforcement agencies.

 

 

RECOMMENDED ACTION:

Approve the revised first amendment to the intergovernmental agreement with Coconino County, Coconino County Jail District, City of Williams, and Northern Arizona University.

 

Councilmember Haughey moved to approve the Consent Agenda with the exception of Items 5A, which was withdrawn, and 5B.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

Returning to Item 5B, Councilmember Haughey moved to accept the recommended action, seconded by Councilmember Overton.  The vote was unanimous in favor.

 

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

 

A.

Consideration of Liquor License Application:  Michael Darin Fleming ?Courtyard Marriott?, 2650 S. Beulah Blvd., Series 11, New License.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive public 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 Overton moved to open the public hearing.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

Sgt. Ryan Coons found no reason to object to the application based on his background investigation.

 

On behalf of the applicant, Greg James encouraged the City Council to grant the liquor license application.

 

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

 

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

 

7.      REGULAR AGENDA

 

A.

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

 

 

RECOMMENDED ACTION:

Make one appointment to a term expiring October 2011.

 

Mayor Presler moved to appoint Eric Wolverton to a term on the Sustainability Commission expiring October 2011, seconded by Councilmember Overton.  The motion passed on unanimous vote.

 

B.

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

 

 

RECOMMENDED ACTION:

Make three appointments to natural sciences terms expiring April 2012; and one appointment to a real estate term expiring in April 2010.

 

Councilmember Brewster moved to appoint Stephen Hirst, Steve Messenger, and Yeon-Su Kim to natural sciences terms on the Open Spaces Commission expiring April, 2012.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

C.

Consideration of Ordinance No. 2009-09:  An ordinance of the City Council of the City of Flagstaff, Arizona, 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, Arizona Revised Statutes, by annexing thereto certain territory contiguous to the existing city limits of the City of Flagstaff.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-09 for the first time by title only.

 

Councilmember Evans moved to read Ordinance No. 2009-09 for the first time by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2009-09

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, 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, Arizona Revised Statutes, by annexing thereto certain territory contiguous to the existing city limits of the City of Flagstaff.

 

 

D.

Consideration of Ordinance No. 2009-10:  An ordinance of the City Council of the City of Flagstaff repealing Flagstaff City Code Title 1, Chapter 14, Section 1-14-001-0006, ?Employee Advisory Committee?, and replacing the same with new and updated provisions on the creation of the Employee Advisory Committee, its mission, purpose, objectives, structure, membership, meetings, and definitions governing the same.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-10 for the first time by title only.

 

Councilmember Overton moved to read Ordinance No. 2009-10 for the first time by title only, seconded by Councilmember Haughey.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2009-10

 

 

 

An ordinance of the City Council of the City of Flagstaff repealing Flagstaff City Code Title 1, Chapter 14, Section 1-14-001-0006, ?Employee Advisory Committee?, and replacing the same with new and updated provisions on the creation of the Employee Advisory Committee, its mission, purpose, objectives, structure, membership, meetings, and definitions governing the same.

 

 

E.

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 final time by title only.

Adopt Ordinance No. 2009-12.

 

Councilmember Evans moved to read Ordinance No. 2009-12 for the final time by title only, seconded by Mayor Presler.

 

Councilmember Haughey expressed his reasons for opposing the ordinance and moved to amend Ordinance No. 2009-12 to delete Sections 1-70-010B3, C4 and D2 relating to domestic partners.  The motion died due to lack of a second.

 

The motion passed on majority vote with Mayor Presler and Councilmembers Brewster, Evans, and Overton voting in favor and Councilmember Haughey opposed.  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.

 

 

Mayor Presler moved for adoption, seconded by Councilmember Evans.  The motion passed on majority vote with Mayor Presler and Councilmembers Brewster, Evans, and Overton voting in favor, and Councilmember Haughey voting against.

 

F.

Consideration of Resolution No. 2009-22:  A resolution adopting rules and regulations for the use of Heritage Square.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-22 by title only.

Adopt Resolution No. 2009-22.

 

Speaking in opposition to passage of the resolution were:

 

Zachary Freels

 

Becky Feather

 

Mary Feather

 

Joy Farrelly

 

Fishing Hurts

 

Don Peavey

 

Lisa Stewart

 

Eric ?Buzz? McElwain

 

Berta Benally

 

Mary Tolan

 

Mark Lamberson spoke in favor of adopting the resolution.

 

Councilmember Haughey moved to read Resolution No. 2009-22 by title only, seconded by Councilmember Brewster.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2009-22

 

 

 

A resolution adopting rules and regulations for the use of Heritage Square.

 

 

Councilmember Haughey moved for adoption.  The motion was seconded by Councilmember Brewster and the vote was unanimous in favor.

 

G.

Consideration of Resolution No. 2009-23:  A resolution approving amendments to the City Council?s Rules of Procedure.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-23 by title only.

Adopt Resolution No. 2009-23.

 

Councilmembers Evans moved to read Resolution No. 2009-23 by title only.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2009-23

 

 

 

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

 

 

Councilmember Haughey moved to adopt Resolution No. 2009-23, seconded by Councilmember Overton.  The vote was unanimous in favor.

 

H.

Consideration of Resolution No. 2009-24:  A resolution renewing the intergovernmental agreement by and between Flagstaff Unified School District #1 and the City of Flagstaff for the school safety grant awarded by Arizona Department of Education.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-24 by title only.

Adopt Resolution No. 2009-24.

 

Councilmember Overton moved to read Resolution No. 2009-24 by title only, seconded by Councilmember Brewster.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2009-24

 

 

 

A resolution renewing the intergovernmental agreement by and between Flagstaff Unified School District #1 and the City of Flagstaff for the school safety grant awarded by Arizona Department of Education.

 

 

Councilmember Overton moved for adoption, seconded by Councilmember Evans.  The motion passed unanimously.

 

I.

Consideration of Resolution No. 2009-25:  A resolution of the Flagstaff City Council dedicating a public utility easement at 1901 N. Gemini Drive, Flagstaff, Arizona to those utility companies authorized to provide services within the city.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-25 by title only.

Adopt Resolution No. 2009-25.

 

Councilmember Haughey moved to read Resolution No. 2009-25 by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2009-25

 

 

 

A resolution of the Flagstaff City Council dedicating a public utility easement at 1901 N. Gemini Drive, Flagstaff, Arizona to those utility companies authorized to provide services within the city.

 

 

Councilmember Haughey moved for adoption.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

8.      COUNCIL DISCUSSION ITEMS

 

A.

Consideration of Council Discussion: A resolution supporting a demand side management surcharge for energy efficiency programs for low and moderate income customer of Unisource Energy Services.

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

Council consensus was to move forward with placing this matter on the next agenda for consideration and formal action.

 

9.      PUBLIC PARTICIPATION

 

None.

 

10.    INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF,

 

REQUESTS FOR FUTURE AGENDA ITEMS

 

Councilmember Brewster asked for and received an update on the Downtown Management Plan from City Manager Burke.

 

Ben Fisk, Deputy City Manager, provided an update on the inclusive community signage.

 

Mayor Presler requested:

 

?

An update on plans for the 4th of July.

 

?

That meet and confer be placed on the June 9th Council agenda.

 

11.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 9:34 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 May 19, 2009.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 22nd day of May, 2009.

 

                                                                           

CITY CLERK