Mayor Nabours clarified that on the minutes from the February 3, 2015, meeting wherein a motion was made to postpone action on the Water Management Plan item, those voting in favor should have included Councilmember Evans in place of Councilmember Overton.

Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to approve the minutes of the City Council Regular Meeting of January 20, 2015; Special Meeting (Executive Session) of January 20, 2015; Budget Advance of January 22, 2015; and Regular Meeting of February 3, 2015, as amended

Vote: 7 - 0 - Unanimously

Debbie Grogan came forward to introduce herself as an applicant, noting that she owned her own events company, served on the Tourism Commission many years ago, and liking the direction they are taking she would like to be a part of it again. Upon request, she told more about her company.

Moved by Vice Mayor Celia Barotz, seconded by Councilmember Jeff Oravits to appoint Debbie Grogan as an At-Large member to the Tourism Commission with a term to expire January 2016, noting that all applicants were very qualified.

Vote: 7 - 0 - Unanimously

Mayor Nabours noted that this vacancy was for the NAIPTA representative to the Transportation Commission that Interim City Manager Jeff Meilbeck previously held.

Moved by Councilmember Coral Evans, seconded by Councilmember Scott Overton to appoint Erika Mazza as the NAIPTA representative to the Transportation Commission, with a term to expire November 2016.

Vote: 7 - 0 - Unanimously

Mayor Nabours opened the Public Hearing for both liquor license applicants. There being no public input, Mayor Nabours closed the Public Hearing.

Moved by Councilmember Jeff Oravits, seconded by Councilmember Karla Brewster to forward a recommendation for approval to the State of Arizona for each of the liquorlicense applications

Vote: 7 - 0 - Unanimously

Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits approve Consent Items 9-A and 9-B.

Vote: 7 - 0 - Unanimously

Councilmember Oravits asked if the entire amount of the agreement was for the study. Dave Wessel, FMPO Manager, came forward and replied that it was. Mayor Nabours added that it was funded through a grant by the State. Mr. Wessel added that it included a $75,000 match from NAIPTA. He explained that it would include the area from the Flagstaff Airport up to the Flagstaff Mall, which was quite a large area.

Moved by Vice Mayor Celia Barotz, seconded by Councilmember Karla Brewster to approve the Consultant Services Agreement with Nelson-Nygaard Consulting Associates, Inc. (Nelson Nygaard) in the amount of $297,673, and authorize the City Manager to execute the necessary documents

Vote: 6 - 1

NAY:

Councilmember Jeff Oravits

Recreation Supervisor Glorice Pavey reviewed the request for a street closure, noting that McKenzie Jones was available to answer any questions specific to the Earth Day event.

Ms. Jones said that they started meeting with the Downtown Business Alliance last July and since then have spoken with every downtown business member. Everyone was either enthusiastic or neutral. Most comments revolved around food vendors, so they are not allowing them this year.

Elisha Dorfsmith, Flagstaff, address the Council in support of the event and the street closure.

Jack Wech, Flagstaff, submitted a written support for moving the Earth Day celebration to Heritage Square.

Moved by Councilmember Jeff Oravits, seconded by Councilmember Karla Brewster to approve the street closure at Aspen Avenue between San Francisco and Leroux streets on April 18, 2015 from 7:00 am - 4:30 pm.

Vote: 7 - 0 - Unanimously

City Attorney Michelle D'Andrea briefly reviewed this ordinance as they had discussed it previously. She said that the idea is to make sure that amenities that have been promised, and included on the plat, are delivered.

Councilmember Overton voiced concern with the portion of the ordinance that requires assurances on private amenities. City Engineer Rick Barrett said that he shared his concern, clarifying that this was a Department of Real Estate requirement, but he was comfortable with the language enough for him to move forward.

Councilmember Overton said that he completely accepted the utility side, and even landscaping requirements, but he was still struggling with the amenities. He asked how the general public would benefit from a private clubhouse and the City requiring a bond assurance for that type of a facility.

Mayor Nabours said that Flagstaff Ranch was a good example. When they went into bankruptcy the community center and clubhouse were half done. The County had required bonds and so the County called the bonds and the facilities were completed. If that had not occurred, it would have been left to the lot owners. He said that the problem with that, even though it is not a public problem, is that the lot owners are mad and they often look to the County or City asking why they did not require assurances so this could not happen and now they are going to sue.  
 
Councilmember Overton said that he was concerned with the effect this could have on the City's bonding capacity.

Mr. Barrett clarified that this would only be required for those amenities that are shown on the plat and what is required for a plat would not normally be these types of amenities.  
 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF CITY CODE, TITLE 10, ZONING CODE, CHAPTER, 20, ADMINISTRATION, PROCEDURES AND ENFORCEMENT, DIVISION 100, ASSURANCE OF PERFORMANCE FOR CONSTRUCTION AND REPEALING CONFLICTING ORDINANCES, PROVIDING FOR SEVERABILITY AND AUTHORITY FOR CLERICAL CORRECTIONS AND ESTABLISHING AN EFFECTIVE DATE
 

Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to read Ordinance No. 2015-01 by title only for the first time.

Vote: 5 - 2

NAY:

Councilmember Jeff Oravits
Councilmember Scott Overton

Dr. Robert Neustadt Ph.D presented a draft resolution, requesting that the Council consider it at a future meeting, calling upon the Arizona Board of Regents to recognize Arizona youth with Deferred Action for Childhood Arrivals (DACA) as Arizona citizens for purposes of educational benefits.

Caleb Alexander with Habitat for Humanity reported on their neighborhood revitalization program.

Assistant to the City Manager for Real Estate David McIntire briefly reviewed this request, explaining that Flagstaff Aspen Place, LLC is the owner of Lots 22 and 23 of the Aspen Place at the Sawmill and the City owns the Rights of Way (ROW) for the streets which surround the two lots.  Approved improvements to the lots on the Revised Site Plan extend outside the owner's property and into the City property.  These improvements include parking, footings, foundations, building skin and façade, signage, seating and site furniture, canopies, balconies, bicycle racks, landscaping, sidewalks and others. The original approval for these improvements occurred during the Plat, Development Agreement and Site Plan process. There is a note on the Amended Final Subdivision Plat For Aspen Place at the Sawmill Improvement District that requires this easement be provided in a separate instrument.  The agreement under consideration grants the perpetual easement for the construction, installation, maintenance, repair, improvement, replacement and removal of all the approved improvements as required on the plat.

Moved by Councilmember Scott Overton, seconded by Councilmember Coral Evans to approve the Installation and Maintenance Easement Agreement and authorize the Mayor to execute the agreement

Vote: 4 - 0 - Unanimously

Project Manager Christine Cameron reviewed the request.as outlined in the staff summary.

Councilmember Overton asked if the FUTS trail improvement goes across the I-40/Fourth Street Bridge and if there was an improvement on the bridge structure. Ms. Cameron replied that today there is a stripe; they are not sure of the final outcome but they want to at least provide a clearer stripe. She then clarified some of the FUTS trails indicated on the map.
  
Vice Mayor Barotz asked what the difference was between the "planned" and "future" trails. Ms. Cameron said that the "planned" trails are included within the five-year plan; the "future" trails are not yet funded.

Moved by Councilmember Coral Evans, seconded by Councilmember Scott Overton to approve the Intergovernmental Agreement (IGA)/Joint Project Agreement (JPA) between the City of Flagstaff and the Arizona Department of Transportation (ADOT) for grant funds in the amount of $657,000.00 and City funding match in the amount of $39,712.00 for the design and construction of the Fourth Street FUTS project.

Vote: 4 - 0 - Unanimously

Deputy Housing Director Sara Darr reviewed the request, noting that Oakwood Village IV / Flagstaff LP is seeking a Local Government Contribution (LGC) loan to strengthen its Low Income Housing Tax Credit (LIHTC) application to the Arizona Department of Housing. The 2015 Qualified Allocation Plan (QAP) for the LIHTC program awards up to ten points to any project located in a jurisdiction with a population of less than 550,000 when at least two (2) percent of the total construction cost of the affordable rental project is from a Local Government.  The request from Oakwood Village IV / Flagstaff LP is for a loan of up to $125,000 (2% of the Project’s total construction cost), resulting in forty (40) new rental units for households earning less than sixty percent of the Area Median Income (AMI), currently $35,700 for a household of four.

Vice Mayor Barotz asked if the City has done this before, and if so how many of these loans have been provided. Ms. Darr said that there have been two in recent years and one further back. She said that the tax credit process with the Arizona Department of Housing is very competitive and these ten points can make a difference. She added that the City has worked with this developer in the past. The loans are typically interest-only for 3% until the end of 15 years. This developer has always paid on time and there have been no issues historically.  

Moved by Councilmember Coral Evans, seconded by Councilmember Scott Overton to read Resolution No. 2015-04 by title only.

Vote: 4 - 0

A RESOLUTION AUTHORIZING THE CITY OF FLAGSTAFF TO PROVIDE A LOAN FOR UP TO ONE-HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000) TO OAKWOOD VILLAGE IV/FLAGSTAFF LP AS LOCAL GOVERNMENT CONTRIBUTION FOR A LOW-INCOME HOUSING TAX CREDIT PROJECT UNDER THE ARIZONA DEPARTMENT OF GHOUSING 2015 QUALIFIED ALLOCATION PLAN.

Moved by Councilmember Coral Evans, seconded by Councilmember Eva Putzova to adopt Resolution No. 2015-04.

Vote: 4 - 0 - Unanimously

Mayor Barotz explained that this was an opportunity for them the continue the conversation about plastic bag management in the City. Because they do not have a full Council tonight they would invite anyone forward that would like to speak, and will then turn it over to the City Manager to report on his committee. She said that tonight was not the time for the Council to discuss whether to take action, but they will listen carefully and hopefully those that are not there will listen to the recording. She then called forward those that were not able to speak at the last meeting:

• Eric Wolen  
• Terry Hubbard
• Michael & Colby Miller
• Carl E. Shrader, M.D.
• Marielle McIntosh
• Barry Brenneman
• David Slipher
• Andy Fernandez
• David Barbell
• Maria Jensen
• Alex Gaynor

The following comments were received:

• Was presenting a survey of independent businesses and how they felt about a ban on plastic bags. Over 80% of all businesses he contacted believed that plastic bags are a problem and believe they should phase out disposable plastic bags.
• Has been in Flagstaff since 1990 and in addition to supporting a bag ban there should also be a positive reinforcement for bringing their own bag.
• They feel they are in the middle of a total ban versus nothing at all.  
• They want to make sure their voices are heard. 
• They are a local nonprofit and were asking that they and other programs like them be added to the list of exceptions
• Brought greetings from his son, Andy, who was born and raised in Flagstaff and is now Director of Environmental Affairs for the City of Los Angeles
• Led a successful campaign in 2013 in Los Angeles to ban the bags and it has worked well with very few complaints
• Freshman at NAU and supported banning of plastic bags (She then played her guitar and sang a song of support)
• Brought samples of different types of bags, noting that they were easy to grab and use when needed
• Flagstaff is often at the forefront and although he realizes there are issues to be worked out, there are a lot of studies showing how to work through the issues
• Encouraged the Council to move forward with the ban
• Plastic bags cannot be transformed into another plastic
• The term "recycling" should be "down cycling" in talking of plastic bags
• There is no local economic demand for bags
• Plastic bag waste has no place in Flagstaff in 2015
• Works at MRF and sees the problems that the bags are causing; takes a lot of time to clean them out of machines
• Have not found any resource that would take the bags nor does their facility have resources to store them
• Lives in the County; supports an outright ban.
• Clinging to the many conveniences now does not bode well for future generations
• This is a serious situation and it is important that they approach it seriously and accept nothing short of a solution
• Ban, or at least charge a fee 

Written comments of support were also received from:

• Spencer K. Hamil
• Brian Leask
• Dylan Lenzen
• Zachary Ty Hutton
• Sarah Holditch
• Connel McCain
• Jonathan Saillant
• John Meyer
• Cameron Lawrence Nelson
• Jordan Morales
• Alex Gaynor
• Emily O'Neil
• Leah Manak
• Marielle McIntosh
• Brandon Van Bibber
• Mary Chum
   

Vice Mayor Barotz then asked the Interim City Manager to report on his committee. Mr. Meilbeck came forward and said that he put this item on the agenda for three reasons: 1) provide an opportunity for those that could not speak on January 13; 2) answer questions that were asked of staff; and 3) introduce a focus group that he formed as a way to gain additional input.
 
Mr. Meilbeck said that he has invited seven individuals from diverse perspectives to serve on a focus group to try and find a solution that all seven could support. Their goal is to fully explore the topic. He added that nothing about the focus group minimizes the work of the Sustainability Commission. He said that the first alternative will be the Commission's recommendation, the second would be staff's recommendation and the third would be the focus group's recommendation.
 
Councilmember Putzova said that she appreciated the intent of the group, but she was not sure it was a good precedent. Councilmember Evans added that she wanted to be clear that she appreciates the Sustainabillity Commission. They have been working on this issue for years and they are a diverse group. She said that if this had come to Council she would have recommended that if they wanted more input that it be kicked back to the Commission. She wants to be clear that this committee is not being formed because they did not like the recommendation of the first group.

Mr. Meilbeck said that he understood their perspective and he went before the Sustainability Commission prior to asking for a focus group. He said that he got support from the Commission to advance the issue forward.
 
Councilmember Evans said that she felt strongly that there should be a member of the Sustainability Commission on the focus group so they have some historical information.

Councilmember Putzova said that this process has been quite long. They have been working on it since at least 2012. Regardless of tonight's direction she would hope that there would be a short, limited time for this new group to negotiate a solution that is acceptable. Mr. Meilbeck said that the whole idea was to use this as a way to move the project forward. They are planning to have three sequential meetings in March. The intent is to come back with at least three alternatives for the Council.

Councilmember Overton said that the Council is not yet a point where they can make a decision and this would be a significant change in behavior. The Commission will continue to discuss, and with the focus group working on it as well, if they want to continue to advocate for a good ordinance with the best intent, he does not think that the focus group is a bad thing. He said that he was okay with it, but he did recognize their concerns.

Discussion was held on the composition of the group, and the credibility of it if their work was not transparent. Vice Mayor Barotz said that she had some reservations and felt something was weird if they could not say who each of the members were affiliated with.

Mr. Meilbeck said that he chose this group based on comments heard on January 13 to get those with a difference of perspective. He was not looking so much for the affiliations; that was not his intent.

Vice Mayor Barotz and Councilmembers Evans and Putzova emphasized their support for including a member of the Sustainability Commission on the focus group. Councilmember Overton said that he could see both sides; not having someone gives them a clean slate and staff would provide the historical information as needed.

Vice Mayor Barotz said that it is a noble goal in politics to perpetually form committees in an effort to get everyone on the same page, but they need to set some definite timelines. Councilmember Overton noted that in the end it is still a decision of the Council.

Vice Mayor Barotz reminded everyone attending and those watching the meeting that if they had ideas they should feel free to forward them to the Council.
 
Mr. Meilbeck said that he understood the concerns and this was a difficult situation. It is certainly possible and likely that they might not be able to come to a consensus, but as their Interim City Manager he has seen issues come forward, such as Super Wal-Mart and Fluoride, where the Council voted one way and the public voted a different way through referendum. That is an expensive way to deal with issues and that is why he went to the Commission asking for their support, to garner as much support and recommendations as possible. He said that his plan is to bring this back to the Council in May.

Vice Mayor Barotz asked if anyone objected to the process that the Interim City Manager has already begun. Councilmember Putzova said that she would feel better with not having another ad hoc committee. Councilmember Evans said that if it had been up to her, and if for some reason the Council had a lot of questions, she would have preferred to kick it back to the Sustainability Commission with those questions. Councilmember Overton said to proceed as presented. Vice Mayor Barotz said that she has heard some good arguments tonight and concerns raised, and she shared those concerns, but the wheels are in motion and it is difficult to back track. She said that she would support it, but in the future she thought the Council should have had a discussion. She said that she did hear support for inviting someone from the Sustainability Commission to serve on the focus group.

Mr. Meilbeck noted that Nicole Woodman and Pat Bourque would be attending the focus group meetings and they would be facilitated by Kerry Blume. 

Sustainability Manager Nicole Woodman then reviewed responses to the questions raised at the January 13, 2015, meeting, as included in Exhibit A attached hereto and made a part hereof.
 
Councilmember Evans suggested that since this was an issue that many people were interested in, they include a link to the information on the City's homepage.

Brief discussion was held on whether the focus group meetings would be open to the public. Mr. Meilbeck said that the group is designed to talk about the issue. There is no reason that people could not attend, but it is focused on these seven individuals. Ms. D'Andrea clarified that this was a City Manager-appointed committee and the Open Meeting Law did not apply. Mr. Meilbeck said that he would be there for the beginning of the meetings but did not want it to appear that they were be led, so that is why they have invited a facilitator.
 
Councilmember Putzova asked that they not call it a focus group; it is very different that what is being put together. 

Councilmember Putzova said that she appreciated Dr. Neusfadt coming forward with the resolution and asked if they could put that on the schedule as soon as possible; it would need to be concluded by March 11. Councilmember Evans and Vice Mayor Barotz also asked that it be brought back.

Ms. D'Andrea said that the next step would be to put it on the Possible Future Agenda Items to get the three votes at that time, or to have Mr. Meilbeck place in on an agenda in his discretion.
 
Councilmember Putzova reported that she attended the vigil last Saturday for Kayla Mueller and there was a show this evening to show support for those that risk their lives to help others. She hoped that those listening would consider attending it.
 
Mr. Meilbeck reported that Councilmember Brewster is the NACOG representative and they have a meeting on February 27 when she will be out of town. She will need to find an alternate and he said he would send out an e-mail to find someone willing to participate. 

Vice Mayor Barotz said that she, too, attended the memorial for Kayla and it was quite beautiful with so many people that knew her and spoke about her.  

The Regular Meeting of the Flagstaff City Council held February 17, 2015, adjourned at 7:45 p.m.