TUESDAY, JUNE 2, 2015
COUNCIL CHAMBERS
211 WEST ASPEN
4:00 P.M. AND 6:00 P.M.
4:00 P.M. MEETING
Mayor Nabours called the meeting of June 2, 2015, to order at 4:00 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 EVANS COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT COUNCILMEMBER BREWSTER |
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A. |
Opening Flag Ceremony by Boy Scout Troop 7036 Members of the Boy Scout Troop 7036 posted the colors and led the audience and Council in the Pledge of Allegiance. Mayor Nabours then read the Mission Statement of the City of Flagstaff. |
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MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life of its citizens.
Moved by Councilmember Scott Overton, seconded by Councilmember Jeff Oravits to approve the minutes of the City Council Special Meeting (Executive Session) of March 31, 2015; Regular Meeting of May 5, 2015; and Special Meeting (Executive Session) of May 26, 2015.
Vote: 6 - 0 - Unanimously
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.
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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).
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Moved by Councilmember Jeff Oravits, seconded by Councilmember Scott Overton to recommend to the State the approval of the application from Andrea Lewkowitz, agent for “Drury Inn & Suites - Flagstaff", 300 S. Milton, Series 11 (Hotel/Motel), 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 Councilmember Scott Overton, seconded by Councilmember Jeff Oravits to approve Consent Items 9-A through 9-D.
Vote: 6 - 0 - Unanimously
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1) Approve the Construction Manager at Risk Construction Contract with C and E Paving and Grading, LLC in an amount not to exceed $2,904,883.71 for Guaranteed Maximum Price (GMP).
2) Authorize Change Order Authority of 5% for GMP3 in the amount of $ 145,244.19, to cover potential costs associated with unanticipated or additional items of work.
3) Authorize the City Manager to execute the necessary documents
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Approve the purchase of one (1) 906H2 Compact Wheel Loader from Empire Machinery through a National IPA cooperative purchase agreement with the City of Tucson, AZ for the amount of $86,106.25 (tax and freight included).
Mr. O'Connor said that as soon as the project is approved, they will work with Purchasing to get the contracts signed, and hopefully start the middle of this month.
Moved by Vice Mayor Celia Barotz, seconded by Councilmember Jeff Oravits to read Ordinance No. 2015-10 by title only for the final time.
Vote: 6 - 0 - Unanimously
AN ORDINANCE OF THE FLAGSTAFF CITY COUNCIL AUTHORIZING THE CITY OF FLAGSTAFF TO ACCEPT SPECIFIC DEEDS OF REAL PROPERTY AND EASEMENTS AND PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY AND AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Vice Mayor Celia Barotz, seconded by Councilmember Jeff Oravits to adopt Ordinance No. 2015-10.
Vote: 6 - 0 - Unanimously
Moved by Mayor Jerry Nabours, seconded by Councilmember Eva Putzova to adopt Resolution No. 2015-17.
Vote: 6 - 0 - Unanimously
Moved by Mayor Jerry Nabours, seconded by Councilmember Eva Putzova to read Ordinance No. 2015-07 by title only for the final time.
Vote: 6 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AMENDING THE FLAGSTAFF CITY CODE, CHAPTER 12-02, STORMWATER MANAGEMENT UTILITY, BY ADOPTING THE "REVISED STORMWATER UTILITY CREDIT MANUAL" AS SET FORTH IN THAT PUBLIC RECORD ON FILE WITH THE CITY CLERK RELATING TO THE PROVISION OF STORMWATER UTILITY CREDITS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Mayor Jerry Nabours, seconded by Councilmember Eva Putzova to adopt Ordinance No. 2015-07.
Vote: 6 - 0 - Unanimously
Moved by Vice Mayor Celia Barotz, seconded by Mayor Jerry Nabours to adopt Resolution No. 2015-18.
Vote: 6 - 0 - Unanimously
Moved by Vice Mayor Celia Barotz, seconded by Mayor Jerry Nabours to read Ordinance No. 2015-09 by title only for the final time.
Vote: 6 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AMENDING THE FLAGSTAFF CITY CODE, CHAPTER 7-02, WASTEWATER REGULATIONS, BY ADOPTING THE "REVISED DISCHARGE LIMITATIONS FOR INDUSTRIAL USERS" AS SET FORTH IN THAT PUBLIC RECORD ON FILE WITH THE CITY CLERK RELATING TO THE STANDARDS AND LOCAL LIMITS FOR INDUSTRIAL SEWER DISCHARGE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Mayor Jerry Nabours, seconded by Councilmember Scott Overton to adopt Ordinance No. 2015-09.
Vote: 6 - 0 - Unanimously
Moved by Councilmember Jeff Oravits, seconded by Councilmember Scott Overton to read Resolution No. 2015-21 by title only.
Vote: 6 - 0 - Unanimously
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, COCONINO COUNTY, ARIZONA, DECLARING OFFICIAL AND ADOPTING THE RESULTS OF THE SPECIAL ELECTION HELD ON MAY 19, 2015
Moved by Councilmember Jeff Oravits, seconded by Mayor Jerry Nabours to adopt Resolution No. 2015-21.
Vote: 6 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Councilmember Coral Evans to approve IGA/JPA 11-085 Amendment 4.
Vote: 6 - 0 - Unanimously
Moved by Vice Mayor Celia Barotz, seconded by Councilmember Eva Putzova to read Resolution No. 2015-23 by title only.
Vote: 6 - 0 - Unanimously
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED THE "2015 MINOR AMENDMENTS TO THE FLAGSTAFF CITY CODE" AND DECLARING AN EFFECTIVE DATE
Moved by Vice Mayor Celia Barotz, seconded by Councilmember Eva Putzova to read Ordinance No. 2015-13 by title only for the first time.
Vote: 6 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AMENDING THE FLAGSTAFF CITY CODE: TITLE ELEVEN: GENERAL PLANS AND SUBDIVISIONS; TITLE NINE, TRAFFIC; TITLE EIGHT, PUBLIC WAYS AND PROPERTY; TITLE SIX, POLICE REGULATIONS; AND TITLE ONE, ADMINISTRATIVE; BY ADOPTING THE "2015 MINOR AMENDMENTS TO THE FLAGSTAFF CITY CODE" AS SET FORTH IN THAT PUBLIC RECORD ON FILE WITH THE CITY CLERK RELATING TO PROVIDING FOR CORRECTIONS TO THE REGIONAL PLAN, REPEALING REGULATIONS OF THE LAKE MARY AREA, REPEALING REGULATIONS REGARDING DAMAGE TO PUBLIC WAYS, PROVIDING A PENALTY FOR UNLAWFUL PARKING, AND ALLOWING THE CLERK TO MAKE FORMATTING AND TECHNICAL CORRECTIONS TO CITY ORDINANCES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
Mr. Compau said this would allow the City to either purchase goods or services from an Arizona-certified nonprofit organization that employed or served disabled individuals without competition as allowed by statute, or they could give a percentage of the City's business throughout a fiscal year to those types of agencies. He said that the recommended language provides flexibility in which direction to go.
Moved by Councilmember Eva Putzova, seconded by Vice Mayor Celia Barotz to read Resolution No. 2015-24 by title only.
Vote: 6 - 0 - Unanimously
A RESOLUTION OF THE COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA REPEALING RESOLUTION NO. 2013-19, PROCUREMENT CODE MANUAL, AND ADOPTING A NEW PROCUREMENT CODE MANUAL TO ADD A PROVISION REGARDING ARIZONA CERTIFIED NONPROFIT BUSINESSES THAT SERVE OR EMPLOY INDIVIDUALS WITH DISABILITIES
Moved by Councilmember Eva Putzova, seconded by Vice Mayor Celia Barotz to adopt Resolution No. 2015-24.
Vote: 6 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Councilmember Jeff Oravits to approve the Intergovernmental Agreement (IGA/JPA 15-0005287-1) between the City of Flagstaff and the Arizona Department of Transportation (ADOT) for Surface Transportation Program (STP) funds in the amount of $199,000.00, City matching funds in the amount of $12,029.00 and City payment of ADOT Project Management & Design Review (PMDR) in the amount of $10,000.00 for procurement of LED street lights associated with the Flagstaff Metropolitan Planning Organization's (FMPO) - Street Lighting for Enhancing Dark Skies (SLEDS) research project.
Vice Mayor Barotz asked Mr. Bauman if it had officially been determined that they were moving from LPS to LED lighting, or if the research will shown them how to get there. Mr. Bauman said that they expect LPS is about at the end of its life. They have been working with Jeff Hall and the Observatory. They are having trouble fixing LPS lights; the question is the type of LED. They do not know where the right solution is right now and into the future. Vice Mayor Barotz asked if this was a grant with ADOT to gather information and once it was gathered she asked if it would be an administrative decision, or if the research would come back to Council.
Mr. Bauman said that the first part is the research project. This is the IGA for $199,000 to support the research project. They are expecting proposals in July 15. Eventually it will be a change in the engineering standards, but they are not sure that they have that process figured out yet. He clarified that these would be lights on roads of regional significance, both state and City, that are arterial or collector routes. He added that the working group that Jeff Hall is involved with is directed mostly at the zoning code. These are different codes, but they know about each other and it involves the same people.
Vote: 6 - 0 - Unanimously
The regular meeting of June 2, 2015, recessed at 4:38 p.m.
6:00 P.M. MEETING
The regular meeting of June 2, 2015, reconvened at 6:05 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 (telephonically) COUNCILMEMBER EVANS COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: NONE |
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Mr. Boren said that Mr. Jensen was a retired Major in the Marines with 26 years of active duty. When they started the League in Flagstaff in 1995, Mr. Jensen had a real passion for Toys for Tots. He said that through Mr. Jensen's leadership for over 20 years they raised over $1 million which has primarily gone to the Marine League Charities and the Toys for Tots program.
Mr. Roberts said that Mr. Jensen worked with the Recreation Center itself on fundraising events for years and he then asked everyone present at the meeting for this item to stand. He said that Mr. Jensen had encouraged him to come to the City and meeting with Mr. Burke to defend the center when there was talk of it going away. He said that it was appropriate for the center to be named in his memory.
Moved by Mayor Jerry Nabours, seconded by Councilmember Scott Overton to read Resolution No. 2015-22 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, RENAMING THE FLAGSTAFF RECREATION CENTER TO THE "HAL JENSEN RECREATION CENTER" AND ESTABLISHING AN EFFECTIVE DATE
Moved by Mayor Jerry Nabours, seconded by Councilmember Coral Evans to adopt Resolution No. 2015-22.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jeff Oravits, seconded by Councilmember Coral Evans to reconsider Resolution No. 2015-16.
Councilmember Putzova said that they adopted this resolution two weeks ago with the understanding that staff was directed to move forward with negotiations, and they may come back later with different terms. Ms. D'Andrea said that was correct. If they were unable to negotiate the terms, they would either come back to you and ask for changes or they could continue negotiations and bring a final document and ask if it was acceptable.
Councilmember Overton said that he needed a better understanding of why reconsideration was necessary, instead of waiting until the June 16 meeting. Councilmember Oravits said that he fully supports this project and wants to be sure they get the home built as quickly as possible. Several things in the version adopted were not acceptable to the Arizona Department of Veteran Services (ADVS) and he would be presenting amendments to the existing resolution that mirrors what Option A was previously.
Vote: 5 - 2
- NAY:
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Vice Mayor Celia Barotz
Councilmember Eva Putzova
Moved by Councilmember Jeff Oravits, seconded by Mayor Jerry Nabours to amend Resolution No. 2015-16 as follows: 1) Section 1 – strike minimum 60 bed and add DEED WILL INCLUDE A LEGAL DESCRIPTION FOR THE SPECIFIC EIGHT ACRES THAT WILL BE CONVEYED; 2) Section 2 – strike entire section and replace with THE CITY OF FLAGSTAFF WILL REQUIRE ADVS TO COMPLY WITH CITY OF FLAGSTAFF OUTDOOR LIGHTING STANDARDS; 3) Section 3 – strike entire section and replace with THE CITY OF FLAGSTAFF WILL REQUIRE ADVS TO LIMIT THE HEIGHT OF THE VETERANS FACILITY BUILDINGS TO TWO STORIES; AND 4) Sections 4, 5 and 6 – completely strike, and read the amended resolution by title only.
Moved by Councilmember Putzova and seconded by Vice Mayor Barotz to amend the motion to add sections to read THE ARIZONA DEPARTMENT OF VETERAN SERVICES AGREES TO COMPLY TO THE GENERAL REQUIREMENTS FOR ALL STATE HOME FACILITIES AS ARTICULATED IN 38 CFR PARAGRAPH 59-130 and SHOULD THE STATE DECIDE TO SELL, TRANSFER OR LEASE THE LAND OR OPERATION, THE CITY WOULD RECAPTURE THE LAND.
Vice Mayor Barotz read portions of 38 CFR which includes, “the state home must meet all federal, state and local requirements…if the state or local requirements are different, compliance with the most stringent provisions is required.”
Councilmember Overton said that he does not know what the conversation has been between the adoption and today, other than what he has read in the paper, but he wants to get it built and timeliness is always of concern. He asked if there were things approved two weeks ago that were not acceptable that compromised the deadline.
Mr. McIntire replied that after the adoption of the amended resolution, the next day he sent it to the ADVS. They were okay with the 60-bed requirement; however, there were concerns with the recapture provision for after they built the facility, if they chose to lease its operation. Additionally, he said that they would verbally commit to go through a public process; however, the language in Section 6 puts the City in charge of the process.
Mr. McIntire continued, noting that at this date this is not yet considered a project so there is not a specific deadline. There is the idea of working to put a request into the State budget.
Councilmember Putzova said that she wanted the public to understand that when this land becomes State land, the State will go and apply for a federal grant. As part of that grant application the State has to agree to recapture provisions should the facility cease to be a home. The State would get 65% of the Veterans Home but if they later decided it is no longer something they want to do, the federal government will receive back a reimbursement for that 65% of the project. The federal government will get their money back and the citizens of Flagstaff will get nothing for the value of the land.
Councilmember Oravits said that his goal is to make the resolution as simple as possible. Anything they do will have to come back as an ordinance; he figured this was a good compromise. The more they muddy it up, the harder it becomes to get this through. There may not be a deadline, but the quicker they can get this settled the better because there are other communities trying to get this facility as well. Councilmember Brewster agreed, adding that both Prescott and Kingman and trying to get it.
Councilmember Evans said that if they are going to have to follow the federal regulations, there is no need for it to be included in the resolution. She said that they previously discussed having the restrictions put in the deed.
Vice Mayor Barotz said that she has given this a lot of thought. She has found the process to be extremely difficult. She felt that if she asks a question she is viewed as anti-veterans, and she is not. She has done some independent research and has found some of the answers, but not all. She still does not believe they have the kind of information they should have and feels that it has become a partisan issue.
Ms. D’Andrea said that the City Attorney’s office is not expressing any opinion tonight with regard to the CFR. She said that they are aware of it and will keep the Council informed as they move forward regarding that regulation.
John Viktora, Flagstaff, said that he has contacted the Deputy Director of ADVS and was told they had no problems with restrictions, but they were not actively pursuing negotiations at this time. He also left a message with Victor Daniels, Construction Director for Veteran Services, but has not heard back. He is going to be in Phoenix next Monday and is going to meet with Bob Barnes.
Joe Ray, Flagstaff, said that if this project fails because of the lack of action from the Council he promises that he will be the first one down to draw a resolution for the City to build the complex and maintain it. He said that the City is not going to push the federal and state government around; they do not have that authority.
Written comments in support of the Veterans Home were received from Joan and Steven Harris.
Vote: 2 - 5 Failed (to amend the motion)
NAY: Mayor Jerry Nabours
Councilmember Karla Brewster
Councilmember Coral Evans
Councilmember Jeff Oravits
Councilmember Scott Overton
(Motion to amend the resolution)
Vote: 5 - 2
- NAY:
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Vice Mayor Celia Barotz
Councilmember Eva Putzova
Moved by Councilmember Jeff Oravits, seconded by Councilmember Coral Evans to adopt Resolution No. 2015-16 as amended.
Vote: 5 - 2
- NAY:
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Vice Mayor Celia Barotz
Councilmember Eva Putzova
Councilmember Overton said that he sincerely hoped that staff and the leadership team can continue to work with the State and after further discussions that the dissenting councilmembers could join them. He said that he would like to have this a unanimous action in the future.
Councilmember Putzova said that the question is if the City should join the Flagstaff Living Wage Coalition’s lawsuit against the state. In 2006 the voters passed Prop. 202 that gave cities/towns the ability to legislate for benefits and compensation. In 2014 the Legislature, by majority vote, adopted ARS 23-204 that now preempts the City’s ability to do so. She said that in Arizona they have the Voter Protection Act and the argument is that the legislators acted illegally and their actions should be declared unconstitutional.
The following individuals then addressed the Council in opposition to joining the lawsuit:
- Kathy Knapp
- Michael Dugan
- Ruben Abeyta
- Robin Prema
- Joy Stavely
- Joan Harris (on behalf of Trudy Wieber)
- Sophia Katz
- Leslie D. White, Deputy State Director for Americans for Prosperity
- Ashley Heerding
- Karen MacKean, Field Director for Americans for Prosperity
- Dan Edel
- LaVelle McCoy
- Merle Henderson
- Gabor Kovacs
- Terry O’Neal
- Stuart McDaniels, representing the Greater Flagstaff Chamber of Commerce
- John Kistler
Comments received included:
- First job was at Dairy Queen and it taught her certain things and motivated her to do other things.
- She and her husband own a small business in Flagstaff.
- At the core of this is whether the City will be advocating the right to tell local employers what they had to pay employees.
- We just went through a recession; if you mandate what they have to pay employees, they will mandate the inability to hire other employees
- After he started working a minimum wage job, he learned to learn more, progress and make himself more valuable to his employer
- How much will this lawsuit cost the City?
- How is “livable wage” determined?
- Are there any minimum performance requirements that go along with minimum wage?
- After Los Angeles approved the $15/hour regulations, both unions and restaurants are trying to figure out a way to back themselves out of the agreement
- Is representing a few of the hotel owners as well as the hotel he operates
- Joining this lawsuit is opening up a Pandora’s box
- It is going forward with a lawsuit with a group that does not have all of the same thoughts and reflections that other people do
- The Coalition has one agenda—raise minimum wage
- Even if there is no cost to the City there are incidental costs associated with joining the lawsuit
- Joining the lawsuit would be a frivolous waste of taxpayers money
- Most of us pay more than minimum wage, depending on performance
- Cost of housing/rent may go up, and possibly food
- Those pushing this are paid for by the state or federal government; it is easy for them
- For us, it is hard as it is
- Cited various statistics on the impact of raised minimum wages. One progressive business owner said it would cost him $80,000 a year, an amount that would put him out of business.
- McDonalds plans to open robot-run restaurants due to declining earnings and those demanding $15/hour.
- Some businesses going from $9/hour to $15/hour – that is 66% and will have real world consequences.
- There is already a law in place.
- Owns a small business; starts them at $10/hour and in 60 days they review their progress and gives a raise to those that deserve it.
- If a $15/hour minim wage is imposed, some jobs and new hires would be in jeopardy
- Has lived here more than 20 years; please do not spoil it.
- We have to keep our City unique
- She has friends in California that make more money than here, but they would gladly live here
- Should not overburden people that are making business
- Americans for Prosperity have about two million activists; 80,000 in Arizona and are about limited government and encroachment in their lives
- Higher wages make it more expensive to be able to hire more employees
- Encourages businesses to pay their workers more
- Believe we should discuss further, but joining the lawsuit is not the answer
- Americans for Prosperity just opened their office in Flagstaff today on Aspen
- Unions want to give businesses the freedom to negotiate their own pay, but only if they’re paying union dues and if businesses are using union workers
- Asked that Councilmember Putzova recuse herself from voting on issue; it is a clear conflict of interest
- If Councilmember Putzova does not recuse herself from voting, asked the Council to stop and take a vote
- Minimum wage and living wage are two different things
- Understands the merits of the lawsuit
- Minimum wage jobs were never meant to be career jobs
- There are only two motivating forces behind this recent movement for minimum wages—1) formed out of ignorance and 2) introduction of socialistic engineering
- Understands Councilmember Putzova’s statement, but her participation in the discussion and vote is a gross violation of ethics; may not be unlawful but it sure looks unethical
- This is a precursor to more control by the City on its people. If the City does believe this is the right thing, then put a plan in place to track the unintended consequences of what is going to take place.
- Joining the lawsuit sends the wrong message to businesses interested in moving into the area
- Questions whether this would be an issue if the state was talking about something else, such as gun control
- There is an agenda of minimum wage on the part of some Council
- This lawsuit is moving forward regardless of whether the City joins
The following individuals spoke in support of joining the lawsuit:
- Jane O’Donnell
- Jason Perkinson
- Moran Henn, representing Friends for Flagstaff’s Future
- Caitlin Fader
- Paul Deasy
- David McCain
- Frankie Beesley
- Michael Caulkins
- Jeff Nickell
- Ben Murphy, All-Star Tours
- Maria B. Tipton
Comments received included:
- With the State Constitution and Voter Protect Act, the Legislature cannot repeal actions like they did
- If anyone votes against joining the lawsuit it would show a lack of desire to uphold to law, the will of Arizona citizens, and desire for local control
- Issue is not about living wage but the City having the freedom to decide
- Asked that if they vote against joining, that they state why
- Pleaded with those on the Council that are Libertarian—This is one of the hardest places to live. He realizes if the living wage goes up too high people can lose their jobs. He feels both sides of the argument, but that is not what they are talking about—they are talking about local control.
- Request that the Council join the living wage lawsuit and defend the Constitution
- It was the will of the voters in 2006
- Is it not the City’s role to respect and defend the minimum wage workers
- Grew up here; unique community
- City should not be tied to the rest of the state
- Local control for minimum wage
- Join the Coalition; fight for local rights
- Statistics do not support claims with modest increases
- “Thanks” to Americans for Property and Koch Brothers for coming into Flagstaff
- Loves the discussion – democracy in action
- The people spoke in 2006 and the Legislature overruled
- The City should join the lawsuit and support democracy
- He is a business owner; when he started in the business everyone was paid minimum wage. He pays more than minimum wage
- They are talking about constitutional rights
- This is big business coming into the State of Arizona influencing our politicians and keep the wages down
- What are the consequences if they do not stand up to the State
Councilmember Putzova clarified that the attorneys representing the Coalition have offered to represent the City at no cost.
Councilmemer Putzova asked Ms. Stavely if she believed that the City had the authority to legislate living wage. Ms. Stavely said that she did not believe it was government’s place to legislate that, and believes this effort (to join the lawsuit) is disingenuous in that the real agenda is to raise the minimum wage.
Councilmember Evans asked Ms. White what she thought about state government overturning something that the voters approved. Ms. White said that she was talking about minimum wage.
Councilmember Evans asked Ms. MacKean how she felt about voters’ rights and if the state or federal government should be able to violate them. Ms. MacKean said that she was not an attorney; she was speaking on the effects.
Councilmember Putzova read a statement on why she does not have a conflict of interest and can serve as the Chairman of the Flagstaff Living Wage Coalition. She said that if she was incorrect they had a City Attorney that will ensure they do not overstep their authority.
Councilmember Putzova asked Mr. McCoy if he supported the City joining the lawsuit if he understood the merit of the lawsuit. Mr. McCoy said that they make a compelling case that the Legislature should be challenged on their action, but it does open up the door for the discussions of minimum wage. His recommendation was to not pursue the legal action, recognizing there is a legal point.
Councilmember Putzova asked Mr. McCoy if he felt that the City had the authority to adopt an ordinance in which they would legislate minimum wage. Mr. McCoy said that he did not because he supports free enterprise. He said that based on what the voters said in 2006, joining the lawsuit is a point of consideration for the Council.
Councilmember Putzova asked Mr. McDaniels if he thought the Council or citizens had the authority to pass an ordinance to legislate minimum wage. Mr. McDaniels said he believed they could not.
Vice Mayor Barotz said, with regard to the comment about having an agenda, that she ran her campaign on an agenda. She does think the City should join the lawsuit as she does not agree with what the Legislature did.
Councilmember Putzova said that if gun control was in the City’s jurisdiction and the State wanted to take away that right, she would hope the City would join the lawsuit. She would love to legislate on gun control.
Councilmember Evans said that every time the State has overstepped their control she has been pretty consistent in suggesting the City sue them.
Councilmember Brewster said that she totally understands why the State needs to be sued over the preemption of the will of the people, but whether they join this or not it is going forward. She supports the Coalition to carry the torch and does not support the City joining the effort. After the dust settles, this will be about raising minimum wage. There continues to be talk about the democratic process; there is nothing more democratic than businesses being able to decide their wages. As long as they meet the federal minimum the City should stay out of that.
Written comments opposed to joining the lawsuit were received from:
- SanJay Patel
- Vipul Patel
- Chad Patel
- Chirag Patel
- Maipal Patel
- Steven & Joan Harris
- Karen MacKean
- Paul Keshau
- David A. Skopes
- Mihir Patel
- Abhay Ithape
- B. Majmueler
- Dr. M. H. Pandit
- Ashok Patel
- Arun Pandit
- Tetesh Patel
- Mitul Patel
Written comments supporting the joining of the lawsuit were received from:
- Dr. Nora Timmerman
- Brandon VanBibber
- Lucas Klein
- Michael Chizhov
- Madison Ledgerwood
- Caitlin Felder
- Nick Kowall
- Corey O’Donnell
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Emily Davalos
Moved by Councilmember Karla Brewster, seconded by Councilmember Jeff Oravits to take no action in the lawsuit.
Vote: 4 - 3
- NAY:
-
Vice Mayor Celia Barotz
Councilmember Coral Evans
Councilmember Eva Putzova
Councilmember Evans said that regardless of where anyone stands on the issue, everyone should be concerned about constitutional violations.
Mayor Nabours said that he did not know if it was clear that the State’s action was unconstitutional, he has not looked into the pros and cons. They may win or lose, but he would not be interested in getting involved in litigation where he is not interested in the ultimate result. He is not interested in the City have control over minimum wage.
Councilmember Putzova said that when they started their careers they held minimum wage jobs, but today the minimum wage is not what minimum wage was 30 years ago. There is an interest in the community because minimum wage did not keep up with inflation.
She also commented, in response to Mr. McDaniels’ earlier statement about businesses interested in coming to the City, asking what message it sends to them that the business community supports poverty wages and they are okay with taxpayers subsidizing minimum wages.
A break was taken from 8:45 p.m. to 8:53 p.m.
- TODAY – TENTATIVE BUDGET
- QUICK OVERVIEW - $241M budget - $3.5M over last year 1.5% increase from last year
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BUDGET HIGHLIGHTS
Focus on Council goals and budget priorities
Police officer market based pay
2% employee market increase
Snow operator stipends
SWAT fire pay
Dispatch shift differential
Road repair and street safety projects
Fanning Wash Improvements -
APPROPRIATIONS since April Budget Retreat
Increased by $78M since April
Council adds - $550K
$100K/yr paramedic pay – bring to market – 2 years
$ 75K dispatch pay - increase $1/hour
$ 50K dispatch recruitment
$250K heart monitors purchase
$ 40K heart monitor debt service
$ 35K pay increase - recruitment of City Manager over last year -
APPROPRIATIONS
Additional capital carryover - $69.1M
Rio de flag, core services facility, courthouse, FWPP, bushmaster, 4th St. Corridor water/wastewater projects, fleet purchases, FUTS
Grant carryovers - $2.7M
CDBG/Home, FMPO, New Airline, EDA Revolving Loan
Library Reserves Carryover - $1.6M
Operational Carryovers - $3.2M
Land acquisition, various studies and contracts - Contingency Carryovers - $475K
- CITY OF FLAGSTAFF PROPERTY TAX
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TOTAL PROPEROSED PRIMARY TAX LEVY: $5,627,083
Based on flat levy plus new constructions
Assessed values increased than 2.2% average
New construction revenue totals $65,343
Proposed tax rate of $0.8234 per $100/AV (decreased)
Maximum Allowable Primary Tax Levy: $6,019,109 - TOTAL PROPOSED SECONDARY TAX LEVY: $5,728,437
- CITY OF FLAGSTAFF FY2016 BUDGET
Councilmember Overton said that staff did an excellent job this year. He said that going through the new line of percent change year over year the Public Works Transportation Fund caught his attention at 47,000%. He also asked if they could get an FTE (full-time equivalent) sheet with a similar comparison for 15/16 and 14/15.
Vice Mayor Barotz thanked everyone involved in the process. She appreciated the way the process unfolded and hoped they could continue the process in the future; Councilmember Oravits agreed.
Moved by Councilmember Scott Overton, seconded by Councilmember Jeff Oravits to read Resolution No. 2015-19 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA ADOPTING THE TENTATIVE ESTIMATES OF THE AMOUNTS REQUIRED FOR THE PUBLIC EXPENSE FOR THE CITY OF FLAGSTAFF FOR THE FISCAL YEAR 2015-2016; ADOPTING A TENTATIVE BUDGET; SETTING FORTH THE RECEIPTS AND EXPENDITURES; THE AMOUNT PROPOSED TO BE RAISED BY DIRECT PROPERTY TAXATION; GIVING NOTICE OF THE TIME FOR HEARING TAXPAYERS, FOR ADOPTING OF BUDGET AND FOR FIXING THE TAX LEVIES
Moved by Councilmember Scott Overton, seconded by Councilmember Jeff Oravits to adopt Resolution No. 2015-19.
Vote: 7 - 0 - Unanimously
None
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.
Councilmembers agreed and also asked that they address: 1) if there are altercations between one person and another trying to stand in the same location; 2) if the Police Department is getting trespassing complaints from businesses and any action being taken; 3) statistics representing the population and relation to veterans; 4) services provided with regard to mental health and homelessness; and 5) information on what happened with the prior law, the lawsuit, and the new law, providing some historical context.
Councilmember Oravits asked for a possible future agenda item, for some time in the fall, on a status report with regard to the Low Impact Development.
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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 June 2, 2015. I further certify that the Meeting was duly called and held and that a quorum was present.
| DATED this 16th day of June, 2015. | |
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________________________________ CITY CLERK |