CITY COUNCIL REGULAR MEETING
TUESDAY, MAY 5, 2015
COUNCIL CHAMBERS
211 WEST ASPEN
4:00 P.M. AND 6:00 P.M.
4:00 P.M.
Mayor Nabours called the meeting of May 5, 2015, to order at 4:02 p.m.
| NOTE: | One or more Councilmembers may be in attendance telephonically or by other technological means. |
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PRESENT MAYOR NABOURS VICE MAYOR BAROTZ COUNCILMEMBER BREWSTER COUNCILMEMBER EVANS COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON |
ABSENT COUNCILMEMBER PUTZOVA (excused) |
Others present: Interim City Manager Jeff Meilbeck and Deputy City Attorney Sterling Solomon.
The audience and City Council recited the Pledge of Allegiance and Mayor Nabours read the City of Flagstaff's Mission Statement.
The mission of the City of Flagstaff is to protect and enhance the quality of life of its citizens.
Moved by Councilmember Jeff Oravits, seconded by Councilmember Coral Evans to approve the minutes of the City Council Retreat of December 8-10, 2014; Mini Budget Advance of January 28, 2015; Budget Advance of February 11, 2015; Combined Special Meeting/Work Session of March 10, 2015 (as amended); and the Regular Meeting of April 7, 2015.
Vote: 6 - 0
Public Participation enables the public to address the Council about an item that is not on the agenda (or is listed under Possible Future Agenda Items). Comments relating to items that are on the agenda will be taken at the time that the item is discussed. If you wish to address the Council at tonight's meeting, please complete a comment card and submit it to the recording clerk as soon as possible. Your name will be called when it is your turn to speak. You may address the Council up to three times throughout the meeting, including comments made during Public Participation. Please limit your remarks to three minutes per item to allow everyone an opportunity to speak. At the discretion of the Chair, ten or more persons present at the meeting and wishing to speak may appoint a representative who may have no more than fifteen minutes to speak.
None
None
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1).
Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to reappoint Richard Miller to the Open Space Commission as a Natural and Cultural Science representative with a term expiring April 2018.
Vote: 6 - 0 - Unanimously
Moved by Councilmember Karla Brewster, seconded by Mayor Jerry Nabours to appoint Kristina Wyse to the Open Space Commission as a Natural and Cultural Science representative with a term expiring April 2018.
Vote: 6 - 0 - Unanimously
Moved by Councilmember Jeff Oravits, seconded by Councilmember Scott Overton to forward a recommendation for approval to the State for the liquor license [of Tina Martinez, "Martanne's Breakfast Palace", 112 E. Route 66, Suite 101, Series 12 (restaurant), New License].
Vote: 6 - 0 - Unanimously
All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items.
Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to approve the Consent Agenda Items 9-A and 9-B.
Vote: 6 - 0 - Unanimously
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1) Approve the Construction Manager at Risk (CMAR) construction contract with Hunter Contracting Company for a guaranteed maximum price of $1,704,962.95 (including a 6.2% Owner's Contingency in the amount of $105,949.00) with a 180 calendar day contract time; and
2) Authorize the City Manager to execute the necessary documents.
2) Approve Contract Change Authority to the City Manager in the amount of $26,693.00 (10% of the contract amount, less allowance).
3) Authorize the City Manager to execute the necessary documents
Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to read Resolution No. 2015-14 by title only.
Vote: 6 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL APPROVING THE CITY OF FLAGSTAFF 2015/2016 ANNUAL ACTION PLAN AND AUTHORIZING ITS SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Moved by Vice Mayor Celia Barotz, seconded by Councilmember Coral Evans to amend the motion to direct the $12,000 excess funds to the County's program.
Vote: 4 - 2
- NAY:
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Mayor Jerry Nabours
Councilmember Jeff Oravits
Moved by Vice Mayor Celia Barotz, seconded by Councilmember Scott Overton to adopt Resolution No. 2015-14, as amended.
Vote: 6 - 0 - Unanimously
Moved by Councilmember Karla Brewster, seconded by Councilmember Jeff Oravits to read Ordinance No. 2015-02 by title for the final time.
Vote: 6 - 0 - Unanimously
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 CERTAIN LAND TOTALING APPROXIMATELY 135.91 ACRES LOCATED AT 4100 & 4250 KILTIE LANE, WHICH LAND IS CONTIGUOUS TO THE EXISTING CORPORATE LIMITS OF THE CITY OF FLAGSTAFF, AND ESTABLISHING CITY ZONING FOR SAID LAND AS RD (RESEARCH AND DEVELOPMENT) FOR 125.91 ACRES AND HC (HIGHWAY COMMERCIAL) FOR 10 ACRES INCLUDING RIGHT-OF-WAY FOR FLAGSTAFF RANCH ROAD AND KILTIE LANE
Moved by Councilmember Karla Brewster, seconded by Councilmember Jeff Oravits to adopt Ordinance No. 2015-02.
Vote: 6 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Councilmember Jeff Oravits to read Ordinance No. 2015-03 by title only for the final time.
Vote: 6 - 0 - Unanimously
AN ORDINANCE OF THE COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AMENDING THE FLAGSTAFF CITY CODE, TITLE 10, ZONING CODE, DIVISION 10-40.30, NON-TRANSECT ZONES, SECTION 10-40.30.050, INDUSTRIAL ZONES, TABLE B. ALLOWED USES, AND DIVISION 10-80.20, DEFINITION OF SPECIALIZED TERMS, PHRASES, AND BUILDING FUNCTIONS, SECTIONS 10-80.20.060 DEFINITIONS, "F." AND 10-80.20.200 DEFINITIONS, "T.", PROVIDING FOR SEVERABILITY AND AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Jeff Oravits, seconded by Councilmember Karla Brewster to adopt Ordinance No. 2015-03.
Vote: 6 - 0 - Unanimously
Mayor Nabours asked Ms. Slayton to tell the public how they may help the citizens of Flagstaff if the City's money was deposited with Alliance Bank.
Ms. Slayton said that they get deposits to make loans; they have a lot of loan demands. She said that they have $200,000 million in loans and $200,000 million in deposits and have grown 25%, on average, over the past five years. She said that the way to keep growing is to gather more funds to continue such loans.
She said that they are an active member of Local First Arizona, where local communities help those businesses that are local. She said that there are several municipalities in Arizona, such as Gilbert, Chandler, Tucson, Phoenix, that have deposited monies to be used in this manner.
She said that as part of the RFP they were able to show the different loan types/amounts they have done in Flagstaff. She said that the money deposited with Alliance would be used for local business loans.
Moved by Mayor Jerry Nabours, seconded by Councilmember Scott Overton to accept the proposal and approve contracts with Alliance Bank of Arizona for Local Bank Deposit Program Services (CDARS Placement Agreement; CDARS Placement Agreement Supplement; Custodial Agreement; Custodial Agreement Amendment).
Vote: 6 - 0 - Unanimously
Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to read Resolution No. 2015-13 by title only.
Vote: 6 - 0 - Unanimously
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, ADOPTING A "GOVERNMENT/MUNICIPAL/PUBLIC FUNDS BANKING RESOLUTION"
Moved by Councilmember Scott Overton, seconded by Councilmember Jeff Oravits to adopt Resolution No. 2015-13.
Vote: 6 - 0 - Unanimously
Moved by Councilmember Karla Brewster, seconded by Mayor Jerry Nabours to approve the Intergovernmental Agreement between the City of Flagstaff and Arizona Department of Transportation for grant funds in the amount of $36,891.00 with no City match required.
Vote: 5 - 1
- NAY:
-
Councilmember Jeff Oravits
Moved by Councilmember Karla Brewster, seconded by Mayor Jerry Nabours to read Ordinance No. 2015-06 by title only for the final time.
Vote: 6 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF CITY CODE, TITLE 3, BUSINESS REGULATIONS, CHAPTER 3-10, USER FEES, SECTION 3-10-001-0006, CITY CLERK, BY INCREASING THE LIQUOR LICENSE FEE FROM $560.00 TO $815.00; PROVIDING FOR PENALTIES, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Karla Brewster, seconded by Mayor Jerry Nabours to adopt Ordinance No. 2015-06.
Vote: 6 - 0 - Unanimously
Mayor Nabours said that some of these are businesses that were incorporated or LLC's and the businesses have failed and/or closed. There is no personal liability against the owner. Mr. Wagemaker said that was correct. It depends on how the business was incorporated or structured their business.
Moved by Mayor Jerry Nabours, seconded by Vice Mayor Celia Barotz
Vote: 6 - 0 - Unanimously
Moved by Vice Mayor Celia Barotz, seconded by Councilmember Coral Evans to reconsider the appointment made earlier in the meeting to the Open Space Commission as one of the two appointments was not eligible.
Vote: 3 - 3
- AYE:
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Vice Mayor Celia Barotz
Councilmember Coral Evans
Councilmember Scott Overton
- NAY:
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Mayor Jerry Nabours
Councilmember Karla Brewster
Councilmember Jeff Oravits
Since the motion failed, Vice Mayor Barotz requested a CCR from staff on the process that has been used in the past and this current process, and how they were able to appoint someone that was not eligible.
The 4:00 p.m. portion of the May 5, 2015, Council meeting recessed at 4:41 p.m.
6:00 P.M. MEETING
Mayor Nabours reconvened the meeting of May 5, 2015, at 6:01 p.m.
| NOTE: | One or more Councilmembers may be in attendance telephonically or by other technological means. |
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PRESENT MAYOR NABOURS VICE MAYOR BAROTZ COUNCILMEMBER BREWSTER COUNCILMEMBER EVANS COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA (telephonically) |
ABSENT NONE |
- Robbie Primer
- Joy Staveley
- Ruben Abeyta
- Stuart McDaniel
- Karen MacKean
- Ash Patel
- Gaylord Staveley
- Gabor Kovaks
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Ashley Deering
The following comments were received:
- Leave it alone; hard to get staffing in our businesses unless we pay them well already
- Businesses are still trying to absorb Obamacare
- Not a good idea for government to get involved with setting wages
- A higher minimum wage could hurt those it is intended to help
- May create higher unemployment
- In San Francisco, many businesses have closed their doors; had to raise costs by 20%
- Will be difficult for tourism businesses to absorb such an increase
- Should not spend taxpayer money on a decision that should be made by the businesses
- Much of what the Camber does is try and bring in economic development. Those businesses want to come in to a city with a stable economy
- The City has already made statewide news because of this and businesses are concerned about it
- Local business community is against this
- Does not support joining the lawsuit
- Creates an undue burden on small businesses
- Will not solve the wage issue
- Would mean another $9600 per employee, per year for business owners
- Free market economy works
- Until the City brings in other high tech jobs, manufacturing, medical, etc. they will remain service-related
- There is no magic minimum wage. Wages in any city/town reflect the complex matrix of specific job opportunities. In Flagstaff they have a summer/winter seasonality and large student population
- An attempt to entice the City to join a private organization in a suit against the state is unethical on its face
- To have this encouraged by a person sitting on the Council is bordering on criminal
The following individuals spoke in favor of placing this item on a future agenda:
- Moran Henn
- Scott Geesley
Comments received included:
- Urges the Council to place this item on a future agenda to allow for the discussion
- It is not about minimum wage, but the overstepping of the State into local issues
- A discussion on minimum wage may be in the future, but this discussion is about the State overstepping
Dani Lawrence then addressed the Council regarding issues with Flagstaff Unified School District and the service of special needs kids in the community.
At this time, Mayor Nabours brought forward Item 17-A for discussion and direction.
None
ANNUAL RENEWAL
Required
Flagstaff will have $0 renewal fee
Not able to change in the future
LICENSE FEE
$50 limit (currently it is $46)
REMOVES PAYMENT IN LIEU OF TAXES
Affects Peddler, Fair Vendor and Solicitors
Requires permanent sales tax license
Requires remittance of sales taxes
LICENSE REQUIREMENTS
Removes compliance with other City Code requirements
Mr. Wagemaker said that they have lost tying any of the compliance with the sales tax license, but there are still other codes that will allow them to talk with the businesses re issues.
Mayor Nabours opened the Public Hearing. There being no public input, the Public Hearing was closed.
Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to read Resolution No. 2015-15 by title only.
Vote: 6 - 0 - Unanimously
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, DECLARING THAT CERTAIN DOCUMENT KNOWN AS "THE 2015 CITY TAX CODE AMENDS" AS A PUBLIC RECORD, AND PROVIDING FOR AN EFFECTIVE DATE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AMENDING THE FLAGSTAFF CITY CODE, TITLE 3, BUSINESS REGULATIONS, BY ADOPTING "THE 2015 CITY TAX CODE AMENDMENTS" AS SET FORTH IN THAT PUBLIC RECORD ON FILE WITH THE CITY CLERK RELATING TO TRANSFER OF LOCAL TRANSACTION PRIVILEGE AND USE TAX ADMINISTRATION AND COLLECTION TO THE ARIZONA DEPARTMENT OF REVENUE; PROVIDING FOR PENALTIES, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to read Ordinance No. 2015-05 by title only for the first time.
Vote: 6 - 0 - Unanimously
DEFINITIONS
RESPONSIBLE PERSON
This is not a criminal violation; it is civil.
Mayor Nabours asked Ms. Sullivan, based on her experience, how that would play out with the officers and if it was a judgment call. Ms. Sullivan said that was occurring now. They make an assessment currently. She said that in the training of this, the focus is to deter the type of behavior that is causing the nuisance.
VIOLATIONS
OPTIONS FOR 2ND AND 3RD OFFENSE
NOTIFICATION
CIVIL PENALTIES
If the Owner is at the party
If the Owner is not at the party
NOTIFICATION OPTIONS
Brief discussion was held on the waiver. Chief Treadway said that they are looking for a partnership. The landlord that is willing to let them police his property and has demonstrated they are actively trying to improve will be eligible for a waiver. Ms. Sullivan said that the goal, too, is to get a partnership and not penalize those that are trying to solve the problem.
Ms. Sullivan added that there was nothing in the ordinance that would prevent an officer from citing criminal actions. The purpose of this is to take it out the criminal field and move it more into civil.
SPECIAL PROVISIONS
Deputy Police Chief Walt Miller then continued the presentation.
IMPLEMENTATION
COMMUNITY OUTREACH
INFORMATION SHEETS FOR MEMBERS OF PUBLIC
MET WITH COURT ADMINISTRATION
DEPARTMENT IN-SERVICE TRAINING ON NEW ORDINANCE
ASSIGNED TO SPECIAL ENFORCEMENT
DEPARTMENT POLICY
Brian Lee Wilson, Flagstaff, said that he supports the Council's efforts to enforce this and while he provides HOA management services, his comments were his own opinion. He then offered some comments regarding the need to receive police reports free of charge, have the Police Department survey the property when a property owner requests a waiver; electronic notification of violations, etc.
Most of the Council agreed they would like to move forward with the ordinance. They then discussed the options regarding the number of days for subsequent offenses, and agreed on 120 days. Additionally, they agreed on 30 days for the property owner to work on a problem.
Chief Treadway noted that the placard option was not in the ordinance at this time. Mayor Nabours said that he was willing to let that ride for now and see how this works.
Brief discussion was held on the benefit of also providing electronic notification to the owners.
Mayor Nabours voiced concern with the idea presented on having the Police Department survey the property. Chief Treadway said that all of that is done in the Crime Free Multihousing Program, which starts with education and review of the property. It is an international program that is proven, and it has been shown that with those facilities that have come on board there have been significant reductions in violations.
Moved by Mayor Jerry Nabours, seconded by Councilmember Scott Overton to read Ordinance No. 2015-08 by title only for the first time, with the options of 120 days and 30 days, and the inclusion of INCLUSIVE OF ANY STATE OR CITY FINES, FEES, ASSESSMENTS, OR SURCHARGES, in the appropriate sections.
Vote: 5 - 1
- NAY:
-
Councilmember Jeff Oravits
Councilmember Oravits said that he was voting no for now as he still had some concerns.
AN ORDINANCE OF THE FLAGSTAFF CITY COUNCIL AMENDING TITLE VI, POLICE REGULATIONS, OF THE FLAGSTAFF CITY CODE BY AMENDING SECTION 6-08-001-0005, LARGE PARTIES, GATHERINGS OR EVENTS, THEREOF; PROVIDING FOR SEVERABILITY AND AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE AS AMENDED
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Verbal comments from the public on any item under this section must be given during Public Participation near the beginning of the meeting. Written comments may be submitted to the City Clerk. After discussion and upon agreement of three members of the Council, an item will be moved to a regularly-scheduled Council meeting.
Councilmember Putzova said that she had requested this item be placed on a future agenda because it is one of the City's guiding principles -- local control. In 2006, the Legislature said that compensation and benefits were a local issue.
Councilmember Evans said that there is a lot of misunderstanding. For her, the issue has to do with the Arizona State Constitution and whether they feel it is a suggestion or if it is a mandate that applies to everyone all the time. She said that she has talked with a lot of business owners regarding minimum wage and that is a conversation they have not had as a Council. What they were talking about tonight was whether the State can override the voters' direction. The State has done this before and continues to do it.
Councilmember Overton and Mayor Nabours said that they had no interest in discussing this further.
Vice Mayor Barotz said that the lawsuit is about two laws. The first gives local authority on wages and benefits. The second attempts to take it away. There is a direct conflict and she believes the issue should be resolved. She supports a conversation to explore this more in the future.
Councilmember Oravits said that he was not in favor of moving this forward. While he heard the concerns, the reality is that it is already being brought forward by a private group and he saw no reason for the City to become involved in it. He said that it did appear that there were three interested in moving the issue forward, and because of that he would request that it be brought forward quickly so it can be discussed and settled as it can be unsettling for the business community and those interested in investing in the community.
Mayor Nabours said that there were three interested, and staff was directed to get it on a future agenda.
Councilmember Brewster noted that NAU graduation was this coming weekend.
Mayor Nabours requested that he receive a CCR on the current requirements for commissions as to how many have to be from a certain line of work, and then maybe a future agenda item.
Mr. Meilbeck reported that the City has been in a national search for an Economic Vitality Director, and today the position was offered to and accepted by Heidi Hansen.
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_______________________________ MAYOR |
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ATTEST: |
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_________________________________ CITY CLERK |
| STATE OF ARIZONA | ) | |
| ) | ss. | |
| Coconino County | ) |
I, ELIZABETH A. BURKE, 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 5, 2015. I further certify that the Meeting was duly called and held and that a quorum was present.
| DATED this 2nd day of June, 2015. | |
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________________________________ CITY CLERK |