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 17, 2009

5:30 p.m.

A meeting of the Flagstaff City Council was held on November 17, 2009 convening at 5:32 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: Regular Council Meeting and Special Flood Plain Board Meeting of October 20, 2009.

RECOMMENDED ACTION:  Approve the minutes as submitted/corrected.

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

4.        PUBLIC PARTICIPATION

A certificate of appreciation was presented to City Attorney Pat Boomsma for five years of dedicated service to the City of Flagstaff.

Curley Martinez, one of Flagstaff’s oldest citizens and an original member of the Sheriff’s Posse for Coconino County, was awarded a proclamation in celebration of his 98th birthday.

Lyndsey Langsdale and Bob Hoffa briefly highlighted the successes of the Bonito Street Community Garden project.

5.       CONSENT AGENDA

A.

Consideration of Service Agreement:  Water law and water rights litigation.

RECOMMENDED ACTION:

(1)

Approve the service agreement with Lee Storey, currently practicing law with Ballard Spahr, at the rates and prices listed in the staff summary attachment; and

(2)

Authorize the City Manager to execute the necessary documents.

B.

Consideration of Intergovernmental Agreement:  Monitoring and enforcement of installation of manufactured housing, factory-built buildings, and accessory structures.

RECOMMENDED ACTION:

Approve intergovernmental agreement with the Office of Manufactured Housing

C.

Consideration of Intergovernmental Agreement: Southside streetscape improvements.

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the Arizona Department of Transportation Enhancement Grant funds in the amount of $500,000.00 toward a total project cost of $1,177,998.00, with a City share in the amount of $677,998.00, plus a 10% contingency of the total project cost.

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

Returning to Item 5A, Councilmember Overton moved to approve, seconded by Councilmember Brewster.

Lisa Rayner, citizen, expressed her opposition to the service agreement.

The motion passed on unanimous vote.

6.      PUBLIC HEARING ITEMS

A.

Consideration of Liquor License Application:  Meghann Miller, “Vino Loco”, 120 North Leroux Street, Suite 105, Series 10, 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.

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

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

Meghann Miller explained that she and her husband Weston Miller are the new owners of Vino Loco and are committed to selling wine only to patrons of age.  They take the responsibilities of holding a liquor license very seriously. 

Weston Miller’s criminal history was reviewed and discussed.  The last violation he received was for assault on a police officer in December of 2006.

Mr. Weston stated that he would remain respectful to the laws of the community and will regulate the sale of alcohol as a law abiding member of the community.

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

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

7.      REGULAR AGENDA

A.

Consideration of Removal of Commission Member Due to Absence: Disability Awareness Commission.

RECOMMENDED ACTION:

Remove Commissioner Garner.

Vice Mayor White moved to approve the recommended action, seconded by Councilmember Evans.  The motion carried unanimously.

B.

Consideration of Intergovernmental Agreement:  Flagstaff City-Coconino County Public Library Board.

RECOMMENDED ACTION:

(1)

Approve the intergovernmental agreement with Coconino County.

(2)

Appoint the members of the existing City Library Board to the new Flagstaff City-Coconino County Public Library Board created by the intergovernmental agreement.

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

C.

Consideration of Ordinance No. 2009-26:  An ordinance of the Council of the City of Flagstaff repealing Chapter 2-02 of the City’s Code of ordinances regarding the Flagstaff City-Coconino County Library Board.

RECOMMENDED ACTION:

Read Ordinance No. 2009-26 for the first time by title only.

Read Ordinance No. 2009-26 for the final time by title only.

Adopt Ordinance No. 2009-26.

Councilmember Haughey moved to read Ordinance No. 2009-26 for the first time by title only.  The motion was seconded by Vice Mayor White and passed on unanimous vote.  Title was read as follows:

Ordinance No. 2009-26

An ordinance of the Council of the City of Flagstaff repealing Chapter 2-02 of the City’s Code of ordinances regarding the Flagstaff City-Coconino County Library Board.

Councilmember Haughey moved to read Ordinance No. 2009-26 for the final time by title only, seconded by Councilmember Brewster.  The motion passed on unanimous vote.

Following the reading of Ordinance No. 2009-26 for the final time by title only, Councilmember Haughey moved to adopt Ordinance No. 2009-26.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

D.

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 final time by title only.

Adopt Ordinance No. 2009-39.

Councilmember Haughey moved to read Ordinance No. 2009-39 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. 2009-39

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.

Jim Cronk, Development Services Director, explained minor changes made to the development agreement as follows:

Section 3.n. …which sign shall comply in complies with all respects with the applicable City Code provisions.

On handwritten page 18, “c/o Judy Loukes, Centuray 21, 24 W. Route 66, Flagstaff, AZ 86001” has been added to the address for the Clark family.

Exhibits P, Q, R, Easement B has been deleted as it is contained elsewhere in the document.

At the request of Laurie Nemec, a technical error in a legal description contained in Exhibit M, Description 2, has been corrected.

Councilmember Overton moved to adopt Ordinance No. 2009-39.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

E.

Consideration of Resolution No. 2009-49:  A resolution approving an agreement for the waiver of claims for diminution in value of property applicable to property located at 1600 East Route 66.

RECOMMENDED ACTION:

Read Resolution No. 2009-49 by title only.

Adopt Resolution No. 2009-49.

Councilmember Brewster moved to read Resolution No. 2009-49 by title only.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.  Title was read as follows:

Resolution No. 2009-49

A resolution approving an agreement for the waiver of claims for diminution in value of property applicable to property located at 1600 East Route 66.

Councilmember Haughey moved to adopt Resolution No. 2009-49, seconded by Vice Mayor White.  The vote was unanimous in favor.

F.

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 final time by title only.

Adopt Ordinance No. 2009-35.

Councilmember Brewster moved to read Ordinance No. 2009-35 for the final time by title only, seconded by Councilmember Haughey.

Lisa Rayner, on behalf of Friends of Flagstaff’s future, spoke in opposition to the rezoning.

Dan Frazier, citizen, distributed a draft copy of a proposed lawsuit against the City should the rezoning be approved.

Councilmember Swanson moved to recess into executive session for legal advice, seconded by Councilmember Overton.  The motion passed on majority vote with Vice Mayor White and Councilmembers Brewster, Haughey, Overton and Swanson in favor and Mayor Presler and Councilmember Evans opposed.

The Council meeting resumed at 6:35 p.m.

Father Patrick Mowrer, on behalf of the applicant, spoke in favor of the ordinance.

The motion to read Ordinance No. 2009-35 passed on unanimous vote and 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).

Councilmember Overton moved to adopt Ordinance No. 2009-35.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

G.

Consideration of Amendment No. 4 to Design/Build Agreement:  Ponderosa Parkway.

RECOMMENDED ACTION:

(1)

Approve the amendment with FCI Constructors, Inc. to accept guaranteed maximum price No. 4 for a portion of Ponderosa Parkway in the amount of $1,757,248.00, which includes a contract allowance of $70,427.00, and a contract time of 150 calendar days; and

(2)

Authorize the City Manager to execute the necessary documents.

Councilmember Haughey moved to approve the recommended action, seconded by Councilmember Evans.  The vote was unanimous in favor.

H.

Consideration of Amendment No. 5 to Design/Build Agreement:  Flagstaff Fire Station No. 2.

RECOMMENDED ACTION:

(1)

Approve the amendment with FCI Constructors, Inc. to accept guaranteed maximum price No. 5 for Fire Station No. 2 site work in the amount of $934,766.00, which includes a contract allowance of $37,330.00, and a contract time of 90 calendar days; and

(2)

Authorize the City Manager to execute the necessary documents.

Councilmember Brewster moved to approve the recommended action, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

I.

Consideration of Confirming Design Contract Change Order No. 1:  Fire Station relocation program.

RECOMMENDED ACTION:

(1)

Approve Confirming Change Order No.1 with FCI Constructors, Inc. in the amount of $78,913.72 for Fire Station No. 2.

(2)

Authorize the City Manager to execute the necessary documents.

Councilmember Overton moved to approve the recommended action.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

J.

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 with respect to certain topics such as wages, hours, and other terms of employment.

RECOMMENDED ACTION:

Read Ordinance No. 2009-36 for the final time by title only.

Adopt Ordinance No. 2009-36.

The following individuals were in favor of the ordinance:

Dave Manning, City employee

Francisca Adrian, City employee

Mark Venuti, City employee

Cara Slaughter, wife of City employee

Travis Adreon, City employee

Kurt Novy, City employee

Debra Jensen, City employee

Steve Winike, City employee

Those opposed to the ordinance were:

John Saltonstall, City employee

Peter Wainwright, resident

Cynthia Dorfsmith, City employee

David Arendt, resident

Connor Boyle, City employee

Bob Cayton, retired City employee

Stephanie Smith, City employee, defended the work, productivity, and effectiveness of the Employee Advisory Committee.

Councilmember Brewster moved to read Ordinance No. 2009-36 “Version 2” for the final time by title only, seconded by Vice Mayor White.

The motion 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

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 with respect to certain topics such as wages, hours, and other terms of employment.

Vice Mayor White moved to adopt Ordinance No. 2009-36, seconded by Councilmember Evans.  The motion 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

K.

Consideration of Ordinance No. 2009-37:  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 amending the City of Flagstaff Personnel policies, adding Section 1-10-070, “Employee Advisory Committee”, and replacing the same with new and updated provisions on the creation of the Employee Advisory Committee, its mission, purpose, and objectives governing the same.

RECOMMENDED ACTION:

Read Ordinance No. 2009-37 for the first time by title only.

Vice Mayor White moved to read Ordinance No. 2009-37 for the first time by title only, seconded by Councilmember Brewster.  The motion passed on majority vote with Mayor Presler, Vice Mayor White and Councilmembers Brewster, Evans, and Swanson in favor, and Councilmembers Haughey and Overton opposed.

Title was read as follows:

Ordinance No. 2009-37

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 amending the City of Flagstaff Personnel policies, adding Section 1-10-070, “Employee Advisory Committee”, and replacing the same with new and updated provisions on the creation of the Employee Advisory Committee, its mission, purpose, and objectives governing the same.

L.

Consideration of Ordinance 2009-40:  An ordinance authorizing the tender of real property at the intersection of Forest Avenue and Fort Valley Road to the Arizona Department of Transportation for public right-of-way purposes.

RECOMMENDED ACTION:

Read Ordinance No. 2009-40 for the first time by title only.

Councilmember Overton moved to read Ordinance No. 2009-40 for the first time by title only, seconded by Vice Mayor White.  The motion passed on unanimous vote and title was read as follows:

Ordinance No. 2009-40

An ordinance authorizing the tender of real property at the intersection of Forest Avenue and Fort Valley Road to the Arizona Department of Transportation for public right-of-way purposes.

8.       COUNCIL DISCUSSION ITEMS

a.

Discussion of Cancellation of December 22 and December 29, 2009 Work Sessions.

Council agreed to cancel the meetings of December 22, 2009 and December 29, 2009.

9.      PUBLIC PARTICIPATION

None.

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

Councilmember Swanson asked for a work session discussion to explore what can be done to make Wheeler Park safer.  Mayor Presler seconded the request.

Mayor Presler requested a work session discussion on housing incentives.  Considering the holiday schedule, she also asked to have an e-mail reminder of the Council’s December schedule.

11.    ADJOURNMENT

There being no further business to come before the Council, the Meeting was adjourned at 9:05 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 17, 2009.  I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 16^th day of December, 2009.

CITY CLERK