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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

 

November 3, 2009

5:30 p.m.

 

 

A meeting of the Flagstaff City Council was held on November 3, 2009 convening at 7:09 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 - Excused

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: Regular Council Meeting of October 6, 2009, and Special Meeting of October 13, 2009.

 

RECOMMENDED ACTION: Approve the minutes as submitted/corrected.

 

 

 

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

 

 

4.        PUBLIC PARTICIPATION

 

 

 

a.

Presentation of Proclamation:  Native American Heritage Month.

 

 

Joe Ray, resident, expressed displeasure at the treatment Lee Harsh received at a recent City Council meeting.

 

 

Stephen Knutson, resident, spoke in opposition to the hiring of a downtown manager.

 

 

Mike Gaun, resident, owner of an exotic bird and fish store, asked the Council for a law against being locked out of a business with live animals inside due to a landlord – tenant issue.

 

 

5.       CONSENT AGENDA

 

 

A.

Consideration of Acceptance of Grant Funds and Entry Into Grant Agreement:  2009 Homeland Security grant program.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the acceptance of grant funds in the amount of $212,210.00 from the Arizona Department of Homeland Security;

 

 

 

(2)

Authorize entry into the Grant Agreement; and

 

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

 

B.

Consideration of Bids:  Cardlock fuel.

 

 

 

RECOMMENDED ACTION:

Approve the bid from Carter Fuel at an average cost of $.1625 per gallon over the OPIS price.

 

 

C.

Consideration of Grant Agreement:  Community Development Block Grant Funds.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the grant agreement with the U.S. Department of Housing and Urban Development in the amount of $619,558.00; and

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

D.

Consideration of Grant Agreement:  Homeland security capital and infrastructure improvements for the Police Department.

 

 

 

RECOMMENDED ACTION:

Approve the grant agreement with the Arizona Department of Homeland Security in the amount of $124,706.00, for the purchase of enhanced ballistic plates, portable surveillance system, workspace reconfiguration, and backup emergency power for radio infrastructure.

 

 

E.

Consideration of Addendum to Intergovernmental Agreement:  Court interpreter position.

 

 

 

RECOMMENDED ACTION:

Approve the addendum to intergovernmental agreement with Coconino County.

 

 

F.

Consideration of Intergovernmental Agreement:  Administration of the housing stabilization program.

 

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County for Community Development Block Grant funds in the amount of $52,614.00.

 

 

G.

Consideration of Intergovernmental Agreement:  Housing stabilization program.

 

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County for Community Development Block Grant—Recovery funds in the amount of $23,248.11.

 

 

H.

Consideration of Service Agreement:  Administration of housing subsidy grants.

 

 

 

RECOMMENDED ACTION:

Approve the service agreement with BOTHANDS, INC., for administration of Community Development Block Grant funds in the amount of $160,000.00.

 

 

I.

Consideration of Amendment to Permanent Easement:  Ft. Tuthill County Park/water infrastructure.

 

 

 

RECOMMENDED ACTION:

Approve the amendment to permanent easement.

 

 

J.

Consideration of Construction Contract:  Ft. Tuthill water and sewer improvement, Phase 1.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with Tonto Supply in the amount of $895,469.00, with a contract allowance of $77,000.00 and a contract period of 200 working days;

 

 

 

(2)

Authorize the City Manager to execute the necessary documents; and

 

 

 

(3)

Approve change order authority in the amount of $90,000.00 (10%) to cover potential costs associated with unanticipated or additional items of work.

 

 

Vice Mayor White moved to approve the Consent Agenda with the exception of Item 5D.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

 

Returning to Item 5D, resident Don Peavey stated his opposition to the City entering into any agreement with the Arizona Department of Homeland Security.

 

 

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

 

 

A.

Consideration of Liquor License Application:  Mineshkumar Patel, “Porky’s Pub”, 2285 E. Butler Avenue, 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 White moved to open the public hearing.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

 

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

 

 

Mineshkumar Patel, the applicant, noted that he, his wife, and his operations manager have all completed the required State Liquor License training.

 

 

There being no citizen input, Vice Mayor White moved to close the public hearing, seconded by Councilmember Evans.  The motion passed on unanimous vote.

 

 

Vice Mayor 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 Public Hearing:  Establishment of a snowplay facility on city-owned right-of-way known as the East Flagstaff Traffic Interchange Detention Basin.

 

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

 

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

 

 

Fritz Aspey, attorney representing owners of townhomes immediately adjacent to the proposed snowplay area, asserted that the City property in question is not zoned for the proposed use, but is part of the City’s street system and a detention basin.  He asked the Council to table the item in order to form a task force to find a more appropriate location.

 

 

Those opposed to the proposed snowplay facility included:

 

 

 

Betty Dean

 

 

Chad Green

 

 

Karl Dreher

 

 

Kathy Brown

 

 

Andrea Gustall

 

 

Judy Major

 

 

Anthony Garcia spoke in favor of the facility.

 

 

Councilmember Evans moved to close the public hearing.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

 

C.

Consideration of Lease:  City-owned property at the intersection of Country Club Drive and East Route 66 (known as the East Flagstaff Traffic Interchange Detention Basin).

 

 

 

RECOMMENDED ACTION:

Approve the lease for a snowplay facility with Recreation Resource Management, Inc., for an annual rent of $2,000.00 from mid-November through mid-March (pending adequate or remaining snow accumulation), a 2% revenue share of gross adjusted revenues, and $1,000.00 face value in free snowplay passes per season.

 

 

Councilmember Evans moved to recess into executive session.  The motion was seconded by Mayor Presler and passed on unanimous vote.

 

 

The Council meeting resumed at 9:16 p.m.

 

 

Councilmember Overton moved to table the item, seconded by Councilmember Evans.  The motion passed on majority vote with Mayor Presler, Vice Mayor White and Councilmembers Evans, Overton and Swanson in favor, and Councilmember Haughey opposed.

 

 

7.      REGULAR AGENDA

 

 

A.

Consideration of Ordinance No. 2009-39:  An ordinance authorizing the City of Flagstaff to enter into a Development Agreement with Laurie J. Nemec and Frank A. Nemec, Jr., Trustees, Thomas J. Olmsted, Bishop of the Roman Catholic Church of the Diocese of Phoenix, CLT Clark Family, L.L.C., and Gemini Flagstaff, L.L.C. for the exchange of land on the north side of Route 66 across from Enterprise Avenue to acquire land for a fire station, other land transactions for rights of way and various easements, and cost apportionment for construction of Ponderosa Parkway.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-39 for the first time by title only.

 

 

Vice Mayor White moved to read Ordinance No. 2009-39 for the first time by title only, seconded by Councilmember Haughey.

 

 

Jim Cronk, Planning Director, committed to the Council and the public that the construction route for the project will be primarily off of Route 66.

 

 

Terrence Milligan, representing the Diocese of Phoenix, commented that that all is going well and moving forward.

 

 

The vote was unanimous in favor and title was read as follows:

 

 

 

Ordinance No. 2009-39

 

 

 

 

An ordinance authorizing the City of Flagstaff to enter into a Development Agreement with Laurie J. Nemec and Frank A. Nemec, Jr., Trustees, Thomas J. Olmsted, Bishop of the Roman Catholic Church of the Diocese of Phoenix, CLT Clark Family, L.L.C., and Gemini Flagstaff, L.L.C. for the exchange of land on the north side of Route 66 across from Enterprise Avenue to acquire land for a fire station, other land transactions for rights of way and various easements, and cost apportionment for construction of Ponderosa Parkway.

 

 

 

B.

Consideration of Ordinance No. 2009-15:  An ordinance amending Flagstaff City code Title 6, Police Regulations, Chapter 1, General Offenses, Section 6-01-001-0022, Camping on Public Property within the City Limits to clarify its purpose and clarify its application.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-15 for the final time by title only.

Adopt Ordinance No. 2009-15.

 

 

Vice Mayor White moved to read Ordinance No. 2009-15 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. 2009-15

 

 

 

 

An ordinance amending Flagstaff City code Title 6, Police Regulations, Chapter 1, General Offenses, Section 6-01-001-0022, Camping on Public Property within the City Limits to clarify its purpose and clarify its application

 

 

 

Councilmember Haughey moved to adopt Ordinance No. 2009-15.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

 

C.

Consideration of Ordinance No. 2009-36:  An ordinance of the City Council of the City of Flagstaff, Arizona, amending the City of Flagstaff Personnel Policies, adding Section 1-10-060, “Meet and Confer”, implementing a process for management and employees to meet and confer in good faith and with respect to certain topics such as wages, hours, and other terms of employment.

 

 

 

RECOMMENDED ACTION:

(1)

Move to Read Ordinance No. 2009-36 for the first time by title only.

 

 

 

(2)

After Council discussion and approval of amendments, and read entire amendment (Option A, B, or C, or any combination thereof) into record.

 

 

 

(3)

Move to amend Ordinance No. 2009-36 as read into the record.

 

 

 

(4)

Vote on motion to amend.

 

 

 

(5)

Vote on motion to read.

 

Councilmember Evans moved to read Ordinance No. 2009-36 for the first time by title only, seconded by Councilmember Swanson.

 

 

Jennifer Brown, Employee Advisory Committee Co-Chair, distributed letters addressed to the Council from City employees.

 

 

Dave Manning, immediate-past president of the Flagstaff Fire Fighters’ Association, expressed his support for meet and confer.

 

 

Mayor Presler moved to accept Option C and to add to the definition section of Ordinance No. 2009-36 as follows:

 

 

 

Petition is a form for collecting signatures of eligible employees of one of the five recognized employee groups to authorize representation by a specified employee organization.  Each petition must bear the employee’s signature, printed name, job classification, and date of signing.

 

 

 

Vice Mayor White seconded the motion.

 

 

The City Attorney read Option C in its entirety, with amendments.  The following are added to the definition section of the ordinance as follows:

 

 

 

Employee organization is defined as an organization certified by the City Clerk as the exclusive primary representative of a recognized employee group in the meet and confer process.

 

 

 

 

Notice of receipt of petition is an official written notice informing members of an employee group that a petition regarding issues common to all the members of the group has been received by the City Clerk.

 

 

 

 

Majority rule is a decision rule that selects one of two alternatives, based on which has more than half the votes.

 

 

 

 

Certification is formal recognition by an employer after a secret ballot election that an employee organization is the exclusive primary representative of a recognized employee group.

 

 

 

 

Decertification is the withdrawal of formal recognition by an employer after a secret ballot election that an employee organization is the exclusive primary representative of a recognized employee group.

 

 

 

 

Petition is a form for collecting signatures of eligible employees of one of the five recognized employee groups to authorize representation by a specified employee organization.  Each petition must bear the employee’s signature, printed name, job classification, and date of signing.

 

 

 

Ms. Boomsma read amendments to the election process section of the ordinance as follows:

 

 

 

1.

The City shall make available petition forms within twelve (12) months after the creation of an employee group to become a recognized employee group and nominate a specific employee organization.

 

 

 

 

2.

No signature on a petition shall bear a date greater than ninety (90) days in advance of submittal to the City Clerk.  If an eligible employee signs more than one petition, then the latest earliest dated signature shall be considered valid.

 

 

 

 

3.

The City Clerk shall within thirty (30) days from receiving a petition from an employee group verify that thirty percent (30%) of eligible employees of the group have signed the petition and shall promptly post a notice of receipt of petition.  Once a petition has been filed with the City Clerk calling for a secret ballot election, other employee organizations may seek to be placed on the ballot.  The employee organization must file a petition containing the valid dated signatures of not less than thirty percent (30%) of eligible employees in the employee group.  This petition must be filed no later than fourteen (14) days after the City Clerk has posted the notice of receipt of petition.

 

 

 

 

4.

The City Clerk will verify the signatures on the petition(s) with the assistance of Human Resources.

 

 

 

 

5.

The City shall conduct a secret ballot election for the employee groups that have submitted a petition with 30% of eligible employee signatures.

 

 

 

 

 

a)

An employee organization shall not be listed on the ballot unless the City Clerk found a showing of interest as required under Section 1-10-060.D.3.

 

 

 

 

 

b)

The City will verify which employees are eligible to participate in the election with the assistance of Human Resources.

 

 

 

 

 

c)

Each eligible employee shall be provided the opportunity to choose to participate and to chose one of employee organization to represent him/her, choose to participate and with no employee organization to represent him/her or to choose “none”.

 

 

 

 

 

d)

The City Clerk will administer the election process.

 

 

 

 

6.

The employee organization option that receives the majority of the votes of voting employees shall be implemented.  If an employee organization receives the majority of the votes of voting employees it shall become the certified employee organization.  In an election involving three or more choices, where Where none of the choices receive the majority of the votes, a run-off election shall be conducted between the two choices receiving the largest number of votes.

 

 

 

 

7.

When an the employee group receives the majority of the votes of voting employees to participate in meet and confer, then the that employee group will be recognized by the City Clerk.

 

 

 

 

8.

The employee organization that receives the majority of the votes of voting employees is certified by the City Clerk as the exclusive primary representative for all employees in that recognized employee group.

 

 

 

 

9.

After an employee organization has been the exclusive primary representative of a recognized employee group for at least twelve (12) months, any member of the recognized employee group can initiate an election to decertify the exclusive primary representation by submitting a petition containing two thirds (2/3) of eligible employees in the recognized employee group.

 

 

 

 

10.

If an employee (or employees) challenges the conduct of an election, the complaint will be reviewed by both Employee Advisory Committee Co-Chairs, both Deputy City Managers (or City Manager designee) and a Hunan Resources representative, who shall advise the City Manager of the results of their review.  The City Manager my direct that the results of the election be sustained, that another election be held, or may direct other action consistent with this Section 1-10-060.

 

 

 

The motion to read Ordinance No. 2009-36 with Option C and the above amendments passed on majority roll-call vote as follows:

 

 

 

Mayor Presler

Aye

 

 

Vice Mayor White

Aye

 

 

Councilmember Evans

Aye

 

 

Councilmember Haughey

Nay

 

 

Councilmember Overton

Nay

 

 

Councilmember Swanson

Aye

 

 

Mayor Presler moved to amend the ordinance in the definition section as follows:

 

 

 

Authorized employee representative can also be an employee organization that has been chosen by the employee group to meet and confer with the City Manager.

 

 

 

The motion was seconded by Vice Mayor White.

 

 

Stephen Knutson, citizen, state that the ordinance is being rushed.

 

 

The motion passed on majority roll-call vote as follows:

 

 

 

Mayor Presler

Aye

 

 

Vice Mayor White

Aye

 

 

Councilmember Evans

Aye

 

 

Councilmember Haughey

Nay

 

 

Councilmember Overton

Nay

 

 

Councilmember Swanson

Aye

 

 

Title was read as follows:

 

 

 

Ordinance No. 2009-36

 

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, amending the City of Flagstaff Personnel Policies, adding Section 1-10-060, “Meet and Confer”, implementing a process for management and employees to meet and confer in good faith and with respect to certain topics such as wages, hours, and other terms of employment.

 

 

 

D.

Consideration of Ordinance No. 2009-14:  An ordinance of the City of Flagstaff, Arizona, repealing Flagstaff City Code, Title 2, Boards and Commissions, Chapter 2-16, “Youth Commission”.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-14 for the final time by title only.

Adopt Ordinance No. 2009-14.

 

 

Councilmember Overton moved to read Ordinance No. 2009-14 for the final time by title only.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.  Title was read as follows:

 

 

 

Ordinance No. 2009-14

 

 

 

 

An ordinance of the City of Flagstaff, Arizona, repealing Flagstaff City Code, Title 2, Boards and Commissions, Chapter 2-16, “Youth Commission”.

 

 

 

Councilmember Haughey moved to adopt Ordinance No. 2009-14, seconded by Councilmember Evans.  The motion passed on unanimous vote.

 

 

E.

Consideration of Resolution No. 2009-51:  A resolution extending the environmental maintenance facility fee of $2.50 per ton for an additional six-month period until May 3, 2010.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-51 by title only.

Adopt Resolution No. 2009-51.

 

 

Vice Mayor White moved to read Resolution No. 2009-51 by title only, seconded by Councilmember Swanson.  The motion passed on majority roll-call vote as follows:

 

 

 

Mayor Presler

Aye

 

 

Vice Mayor White

Aye

 

 

Councilmember Evans

Aye

 

 

Councilmember Haughey

Nay

 

 

Councilmember Overton

Nay

 

 

Councilmember Swanson

Aye

 

 

Title was read as follows:

 

 

 

Resolution no. 2009-51

 

 

 

 

A resolution extending the environmental maintenance facility fee of $2.50 per ton for an additional six-month period until May 3, 2010.

 

 

 

Vice Mayor White moved to adopt Resolution No. 2009-51, seconded by Councilmember Evans.  The motion passed on majority vote with Mayor Presler, Vice Mayor White and Councilmembers Evans and Swanson in favor, and Councilmembers Haughey and Overton opposed.

 

 

8.       COUNCIL DISCUSSION ITEMS

 

 

A.

Discussion of Public Education Plan:  Tax renewals election.

 

 

 

RECOMMENDED ACTION:

Provide feedback to staff regarding the education plan for the 2010 election on the city sales tax, BBB tax, and franchise renewals.

 

 

The item was withdrawn and Council requested that it return on November 10, 2009 at the top of the agenda order.

 

 

9.      PUBLIC PARTICIPATION

 

 

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

 

 

Vice Mayor White asked that amendments to the Meet and Confer Ordinance be ready in order to discuss at the November 10, 2009 work session review of the Council’s November 17, 2009 agenda.

 

 

Vice Mayor White requested that an item be placed on the next Council agenda to discuss Christmas decorations for the downtown area.

 

 

11.    ADJOURNMENT

 

 

There being no further business to come before the Council, the Meeting was adjourned at 11:34 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 November 3, 2009.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 2nd day of December, 2009.

 

 

                                                                           

CITY CLERK