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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

 

October 6, 2009

5:30 p.m.

 

A meeting of the Flagstaff City Council was held on October 6, 2009 convening at 5:30 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

Councilmember Overton

Councilmember Swanson

 

 

Also present were:

 

 

City Manager, Kevin Burke

City Attorney, Patricia Boomsma

 

3.       MINUTES

 

A.

Consideration of Minutes:  Council Meetings of September 8, 2009, and September 15, 2009.

 

RECOMMENDED ACTION:  Approve the minutes as submitted/corrected.

 

Councilmember Overton moved to approve the minutes as submitted.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

4.        PUBLIC PARTICIPATION

 

Hannah Washburn spoke in favor of an employee meet and confer process.

 

5.       CONSENT AGENDA

 

A.

Consideration of Bids:  Sale of City-owned property located at 3200 W. Mountain Drive (formerly Fire Station 5).

 

 

RECOMMENDED ACTION:

Accept the bid from Amanda Roxas-Powers in the amount of $234,000.00.

 

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

 

Councilmember Overton moved to approve the recommended action, seconded by Vice Mayor White.  The motion passed on unanimous vote with Councilmember Haughey refraining from the vote due to a conflict of interest.

 

Councilmember Haughey returned to the dais.

 

B.

Consideration of Acceptance of Grant Funds and Entry into Grant Agreement:  COPS Hiring Recovery Program.

 

 

RECOMMENDED ACTION:

Authorize the acceptance of grants funds and approve the grant agreement with the United States Department of Justice, Community-Oriented Policing Services, in the amount of $1,365,432.00, for the hiring of six police officers.

 

Councilmember Overton moved to approve the recommended action, seconded by Vice Mayor White.  The vote was unanimous in favor.

 

C.

Consideration of Acceptance of Grant Funds and Entry into Grant Agreement:  Energy Efficiency and Conservation Block Grant for Residential Energy Efficiency Program.

 

 

RECOMMENDED ACTION:

(1)

Authorize the acceptance of grants funds in the amount of $587,100.00 and approve the grant agreement with the U.S. Department of Energy; and

 

 

(2)

Authorize the City Manager to sign the necessary documents.

 

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

 

6.      PUBLIC HEARING ITEMS

 

No items were submitted.

 

7.      REGULAR AGENDA

 

A.

Consideration of Applicants for Appointments:  Airport 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 October, 2012.

 

Councilmember Haughey moved to appoint Joe Galli, Terry Marxen and Dave McMullen to terms expiring October, 2012.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

B.

Consideration of Applicants for Appointments:  Audit Committee.  [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.

 

Councilmember Overton moved to appoint Christopher Lambert to the Audit Committee.  The Motion was seconded by Councilmember Haughey and passed on unanimous vote.

 

C.

Consideration of Applicants for Appointments:  Commission on Diversity Awareness.  [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 partial term expiring February, 2010, and one appointment to a partial term expiring February, 2011.

 

Councilmember Evans moved to appoint Dorothy Rissel to a partial term expiring February, 2010, and Dexter Albert to a partial term expiring February, 2011.  The motion was seconded by Councilmember Haughey.

 

Lisa Rayner, resident, approved of the Council’s nominations to the Commission on Diversity Awareness, and urged that the Council be transparent in its deliberations of appointments.

 

The motion passed on unanimous vote.

 

D.

Consideration of Ordinance No. 2009-35:  An ordinance rezoning approximately 28 acres of an existing 107 acre parcel located at 1600 East Route 66 from RR, Rural Residential Zoning District to HR, High Density Residential Zoning District (conditional).

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-35 for the first time by title only.

 

Mayor Presler moved to read Ordinance No. 2009-35 for the first time by title only, seconded by Councilmember Overton.

 

Terrence Milligan, representing San Francisco de Asis, stated that the church is not in agreement with Condition No. 10, which staff brought forward in the eleventh hour, and asked that it be

removed.  He contended that the church’s plans contained the whole project; including a church and school.  They understood that two entry roads would be required when the church was built, but that only one would be required at this time if the school were built first.

 

The City’s position was that the concept plan submitted by the applicant with the rezoning application called for two access points, one at Ponderosa Parkway and one at Route 66, and that Condition No. 10 was a clarification of Condition No. 1, which has always required two access points.

 

Jim Cronk, Development Services Director, commented that if the Council moves forward with the first reading of Ordinance No. 2009-35, staff will work with the applicant on the wording of Condition No. 10.  Staff will bring back suggested language for Council’s consideration at the second reading on November 17, 2009, along with a development agreement for an adjoining property.

 

Speaking in opposition to passage of the ordinance were:

 

 

Dan Frazier

 

Lisa Rayner

 

Michael Egan

 

Those speaking in favor of the ordinance included:

 

 

Breanne Espen

 

Matt Capalby

 

Janet Brickey

 

John Corcoran

 

Frederick Hills

 

Bruce Nordstrom

 

Father Pat Mower

 

Laurie Nemec

 

Margaret McGauyhm

 

The motion passed on unanimous roll call vote as follows:

 

 

Mayor Presler

Aye

 

Vice Mayor White

Aye

 

Councilmember Brewster

Aye

 

Councilmember Evans

Aye

 

Councilmember Haughey

Aye

 

Councilmember Overton

Aye

 

Councilmember Swanson

Aye

 

Title was read as follows:

 

 

Ordinance No. 2009-35

 

 

 

An ordinance rezoning approximately 28 acres of an existing 107 acre parcel located at 1600 East Route 66 from RR, Rural Residential Zoning District to HR, High Density Residential Zoning District (conditional).

 

 

E.

Consideration of Resolution No. 2009-47:  A resolution of the City Council of the City of Flagstaff, Arizona, affirming the City of Flagstaff’s commitment to promoting meet and confer in the City municipal organization and establishing an implementation plan therefor.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-47 by title only.

 

Mayor Presler read amendments to the resolution as follows:

 

 

TITLE:  An resolution of the City Council of the City of Flagstaff, Arizona, affirming the City of Flagstaff’s commitment to promoting meet and confer in the City municipal organization. and establishing an implementation plan therefor.

 

WHEREAS, meet and confer is a means to provide dialog between information to management and employee groups on employment and personnel and other issues and to aid in informed governmental decision making ;and

 

WHEREAS, having discussed each component in detail, the City of Flagstaff’s Employee Advisory Committee and Leadership Team jointly recommend adoption of the a meet and conference process established proposed by Ordinance No. 2009-36; and

 

WHEREAS, adoption of a meet and confer process will requires changes to the…

 

WHEREAS, the City Council has determined that an implementation plan is necessary to make the meet and confer process a realization; and

 

WHEREAS, the City Council adopts the following implementation plan commits to meet and confer to assist the City of Flagstaff organization in achieving the goal of strengthening employee relations for the overall municipal organization through meet and confer;

 

The Council hereby confirms affirms its commitment to meet and confer in the City municipal organization.

 

 

City Manager Burke reported he intends to bring an ordinance to the Council on November 3, 2009 with language replacing the 50% plus one of eligible employees with 50% plus one of voting employees, and a petition option.  He will also bring to the Council some clarifying language, which doesn’t change the policy, but merely serves to clarify.  If title is read on November 3, 2009, the second reading would occur on November 17, 2009.  And, if Council makes no major changes, implementation can begin in December or January, and be fully in place by October, 2010.

 

Patricia Boomsma, City Attorney requested an executive session to provide legal advice.  Councilmember Overton so moved, seconded by Councilmember Evans.  The motion was unanimous in favor.

 

The Council Meeting resumed at 7:56 p.m.

 

Vice Mayor White moved to read Resolution No. 2009 by title only, seconded by Councilmember Swanson.

Jennifer Brown, Employee Advisory Committee Co-Chair, shared her belief that the EAC, working closely with management and staff, has come up with a product that is workable and they are ready to move forward with an ordinance

 

Stephanie Smith, Employee Advisory Committee member speaking on behalf of herself, commented that the process to create a meet and confer ordinance was open, fair, and inclusive of all voices.

 

Glenn Kuyper, City employee, believes that a meet and confer policy will make the City a better place to work for all employees.

 

Tom Burkhart, City employee, talked about his desire for all employee groups to work together and to promote a spirit of unity.

 

The motion passed on majority vote with Mayor Presler, Vice Mayor White and Councilmembers Brewster, Evans, Haughey and Swanson in favor, and Councilmember Overton opposed.  Title was read as follows:

 

 

Resolution No. 2009-47

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, affirming the City of Flagstaff’s commitment to promoting meet and confer in the City municipal organization.

 

 

Vice Mayor White moved to adopt Resolution No. 2009-47.  The motion was seconded by Councilmember Evans and passed on majority vote with Mayor Presler, Vice Mayor White and Councilmembers Brewster, Evans, Haughey and Swanson in favor, and Councilmember Overton opposed.

 

F.

Consideration of Ordinance No. 2009-28:  An ordinance authorizing the City of Flagstaff to enter into a development agreement with Orpheum Holdings, LLC for the expansion, renovation, and improvement of its facility located at 15 W. Aspen Avenue.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-28 for the first time by title only.

 

Vice Mayor White moved to read Ordinance No. 2009-28 for the first time by title only, seconded by Councilmember Haughey.

 

Mayor Presler asked to be provided a history of the annual tax revenues paid by the Orpheum to the City since it re-opened in 2002.  She would like to see the multiplier effect connected to the tax revenue generated already by the Orpheum in order to understand the full financial picture.

 

Councilmember Evans requested financial statistics regarding economic benefits received by the City by retaining jobs with government property lease excise tax agreements already granted.

 

Speaking in favor of the ordinance were:

 

 

Anthony Garcia

 

Gina Marie Harris

 

Cynthia Nemeth

 

Al Henes

 

Amy Ehrenreich

 

Charles Smith

 

The motion passed on majority vote with Mayor Presler, Vice Mayor White and Councilmembers Brewster, Haughey and Swanson in favor, and Councilmembers Evans and Overton opposed.  Title was read as follows:

 

 

Ordinance No. 2009-28

 

 

 

An ordinance authorizing the City of Flagstaff to enter into a development agreement with Orpheum Holdings, LLC for the expansion, renovation, and improvement of its facility located at 15 W. Aspen Avenue.

 

 

G.

Consideration of Ordinance No. 2009-27:  An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0015, Playing Ball in Streets.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-27 for the final time by title only.

Adopt Ordinance No. 2009-27.

 

Councilmember Haughey moved to read Ordinance No. 2009-27 for the final time by title only.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

 

Ordinance No. 2009-27

 

 

 

An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0015, Playing Ball in Streets.

 

 

Councilmember Haughey moved to adopt, seconded by Councilmember Overton.  The vote was unanimous in favor.

 

H.

Consideration of Ordinance No. 2009-32:  An ordinance amending Section 6-08-001-0005 of the Flagstaff City Code entitled “Large Parties, Gatherings or Events.”

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-32 for the final time by title only.

Adopt Ordinance No. 2009-32.

 

Vice Mayor White moved to read Ordinance No. 2009-32 for the final time by title only.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

 

Ordinance No. 2009-32

 

 

 

An ordinance amending Section 6-08-001-0005 of the Flagstaff City Code entitled “Large Parties, Gatherings or Events.”

 

 

Councilmember Haughey moved to adopt Ordinance No. 2009-32, seconded by Vice Mayor White and passed on unanimous vote.

 

I.

Consideration of Ordinance No. 2009-33:  An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0004, Encourage Delinquency.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-33 for the final time by title only.

Adopt Ordinance No. 2009-33.

 

Councilmember Overton moved to read Ordinance No. 2009-33 for the final time by title only, seconded by Councilmember Evans.  The motion passed on unanimous vote and title was read as follows:

 

 

Ordinance No. 2009-33

 

 

 

An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0004, Encourage Delinquency.

 

 

Councilmember Haughey moved to adopt Ordinance No. 2009-33.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

J.

Consideration of Ordinance No. 2009-34:  An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-0001-0011, Prostitution.”

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-34 for the final time by title only.

Adopt Ordinance No. 2009-34.

 

Councilmember Brewster moved to read Ordinance No. 2009-34 for the final time by title only.  The motion was seconded by Councilmember Overton and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2009-34

 

 

 

An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-0001-0011, Prostitution.”

 

 

Councilmember Haughey moved to adopt Ordinance No. 2009-34.  The motion was seconded by Vice Mayor White and passed on unanimous vote.

 

8.       COUNCIL DISCUSSION ITEMS

 

A.

Consideration of Citizen Petition:  A request to revise City Code, Chapter 7-05, Smokefree Air, to allow an indoor exemption for smoke shops.

 

 

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 petitioners’ request.

 

 

(3)

The City Council may deny the petitioners’ request.

 

 

(4)

The City Council may take no action.

 

Citizens speaking in favor of allowing an indoor exemption for smoke shops included:

 

 

Michael Mrozek, petition circulator and owner of The Rebel Smoke Shop

 

Tony Gonzales, legal counsel for the applicant

 

Those speaking in opposition to the proposed exemption, or to any weakening of the current smoking ordinance were:

 

 

Marty Eckrem, Coconino County Health Department

 

Bernice Carver, resident

 

Karen Holder, nurse practitioner

 

Trisha Moore, health care provider

 

James Holeman, owner of McGaugh’s Smoke Shop

 

Mayor Presler moved to deny the petitioners’ request, seconded by Councilmember Brewster.  The motion passed on unanimous vote.

 

B.

Consideration of Request:  Renewable Energy Resolution.

 

 

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 petitioners’ request.

 

 

(3)

The City Council may deny the request.

 

 

(4)

The City Council may take no action.

 

Tom Broderick, resident, urged the Council to support the proposed renewable energy resolution.

 

Councilmember Brewster moved to direct staff to draft a resolution requiring the construction and use of renewable energy on new and existing City facilities; to improve energy efficiency of existing buildings and the energy using equipment used in those buildings (including water wells).

 

The motion was seconded by Vice Mayor White and passed on majority roll-call vote as follows:

 

 

Mayor Presler

Aye

 

Vice Mayor White

Aye

 

Councilmember Brewster

Aye

 

Councilmember Evans

Aye

 

Councilmember Haughey

Nay

 

Councilmember Overton

Nay

 

Councilmember Swanson

Aye

 

9.      PUBLIC PARTICIPATION

 

Stephen Knutson, resident, spoked in favor of the Council’s decision to draft a renewal energy resolution.

 

Councilmember Evans, referring to the Government Property Lease Excise Tax passed earlier in the meeting, asked for a work session discussion to identify and make the public aware of all the incentives available through the City.  How each of the incentives work and eligibility criteria should be a part of the discussion.  Vice Mayor White verbalized his agreement.

 

Mayor Presler asked for a work session or Section 8 discussion on the possibility of making Flagstaff Housing Authority properties smoke free.  She asked that staff research the legality and authority of such a measure.

 

The Council agreed to hold the Fall Council Retreat on November 16, 2009 all day, and on November 17, 2009 until noon.  Mayor Presler asked that an e-mail reminder be sent out to all the Council confirming the date.

 

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

 

11.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 10:45 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 October 6, 2009.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 4th day of November, 2009.

 

 

 

 

                                                                           

CITY CLERK