CITY COUNCIL REGULAR MEETING
TUESDAY, JUNE 16, 2015
COUNCIL CHAMBERS
211 WEST ASPEN
4:00 P.M. AND 6:00 P.M.
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 BREWSTER COUNCILMEMBER EVANS COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT NONE |
The audience and City Council recited the Pledge of Allegiance and Mayor Nabours read the City of Flagstaff's Mission Statement.
MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life of its citizens.
Moved by Vice Mayor Celia Barotz, seconded by Councilmember Karla Brewster to approve the minutes of the City Council Work Session of March 31, 2015; Regular Meeting of May 19, 2015; and Regular Meeting of June 2, 2015.
Vote: 7 - 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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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).
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Moved by Councilmember Jeff Oravits, seconded by Councilmember Coral Evans to forward a recommendation for approval to the State for the application of Continental Country Club, 2380 N. Oakmont Blvd., Flagstaff, Arizona.
Vote: 7 - 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.
Mayor Nabours reported that the Council met with Ms. D'Andrea in a prior Executive Session to provide her feedback. Vice Mayor Barotz thanked her for the terrific work she does on behalf of the City.
Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to reappoint Ms. D'Andrea as the Flagstaff City Attorney on the terms and conditions as set forth in the contract provided in the agenda packet.
Vote: 7 - 0 - Unanimously
She said that this would not preclude staff from coming back to Council before deciding to engage in some litigation. She said that they would always talk to the Council first; this allowed for the City to hire one of these firms without having to first come back to Council to respond to litigation. She said that staff provides a quarterly report to Council on pending litigation.
Moved by Mayor Jerry Nabours, seconded by Councilmember Eva Putzova to award contracts, not to exceed $250,000 annually per firm, for On-Call Legal Services to the following fourteen (14) firms:
1.) Jones, Skelton & Hochuli
2.) Gust Rosenfeld
3.) Struck Wieneke
4.) Ayers & Brown
5.) Ryley, Carlock & Applewhite
6.) Udall Law Firm
7.) Dickinson Wright
8.) Curtis, Goodwin & Sullivan
9.) Lee Story
10.) Coppersmith Brockelman
11.) Mangum, Wall, Stoops & Warden
12.) Ellen Van Riper
13.) Holm, Wright, Hyde & Hays
14.) Hufford, Horstman & Mongini
B) and authorize the City Manager to execute the necessary documents.
Vote: 6 - 1
- NAY:
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Councilmember Scott Overton
The following individuals then spoke about the closure of the FUTS trail:
- Anthony Quintile, Flagstaff Biking Organization
- Ken Lane, Absolute Bikes
Comments received included:
- The original Development Agreement required the building of an alternate route before closing the existing pathway, but provides no penalties
- Lack of penalties in the Development Agreement allows them to do whatever they want
- Member of the City's Bicycle Advisory Committee and past member of the City's Transportation Commission
- Evergreen (developer) has a role to be a good neighbor
- Closure of the FUTS trail is unsafe, inconvenient and a violation of the contract
- City of Flagstaff should have constructed the entire alignment of the trail along the tracks
Laura Ortiz, representing the developer, said that she did not want to get into a legal debate or argument, but wanted to express her view of the situation. She said that when they first received notification that they were in default of the Development Agreement, they verbally and in writing disagreed in the reading of the Development Agreement, and she was the person that negotiated it. She said that it was a difference of interpretation and there was no deliberate, intentional violation. She said that she felt they had been persecuted negatively that they were deliberately doing this, which is not the case.
Ms. Ortiz said that they are trying to rectify the problem as quickly as possible. She said that they are pushing the contractor hard and they are working with them daily. She said that they have asked the contractor to hire additional crews to get the work done faster and authorized them to spend $45,000 in overtime. The contractor has told her they will be completed by July 15.
In response to a question by Vice Mayor Barotz, Ms. Ortiz reviewed the various routes and where they were currently attempting to send the riders as an alternate.
Moved by Mayor Jerry Nabours, seconded by Councilmember Scott Overton to approve the final plat of Phase I of the TRAX.
Vote: 7 - 0 - Unanimously
Mayor Nabours told those representing the biking organization that the Council has heard them and they appreciate their concerns. He said that they all hope this gets rectified as quickly as possible.
Moved by Councilmember Scott Overton, seconded by Councilmember Karla Brewster
Vote: 7 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Councilmember Karla Brewster
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jeff Oravits, seconded by Councilmember Karla Brewster to adopt Resolution No. 2015-23.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Karla Brewster, seconded by Councilmember Jeff Oravits to read Ordinance No. 2015-13 by title only for the final time.
Vote: 7 - 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
Moved by Councilmember Karla Brewster, seconded by Councilmember Jeff Oravits to adopt Ordinance No. 2015-13.
Vote: 7 - 0 - Unanimously
Mr. Wagemaker said that the City still has most of the audit powers. The only difference is that when they think they have someone needing an audit, they have to turn the findings over to the State and get final approval from ADOT to go ahead with an audit. In most cases, they think they will be able to do their own because Flagstaff has a lot of local businesses in Flagstaff only. If it was a business located in other cities as well, that is where the State would come in and audit on behalf of all of them.
Moved by Councilmember Scott Overton, seconded by Mayor Jerry Nabours
Vote: 7 - 0 - Unanimously
Mayor Nabours asked if staff also looks at the internal wiring, etc. Mr. Scheu said that they do not. That is done under HUD standards by the State in the factories in the Valley. All that City staff does is look at the stands, connections to utilities, and outside improvements such as stairs, garage, etc.
Moved by Mayor Jerry Nabours, seconded by Councilmember Eva Putzova
to approve the IGA between the City and the State Office of Manufactured Housing regarding the City performing set-up inspections to help owner(s) occupy the home sooner.
Vote: 7 - 0 - Unanimously
The 4:00 p.m. portion of the June 16, 2015, Regular Council Meeting recessed at 4:53 p.m.
6:00 P.M. MEETING
Mayor Nabours reconvened the Regular Council Meeting of June 16, 2015, at 6:00 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 BREWSTER COUNCILMEMBER EVANS COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: NONE |
Others present: Interim City Manager Jeff Meilbeck, City Attorney Michelle D'Andrea and Deputy City Attorney Sterling Solomon.
None
Mayor Nabours opened the Public Hearing. There being no public input, the Public Hearing was closed, and the meeting was recessed at 6:08 p.m.
SPECIAL MEETING
Consideration and Adoption of Resolution No. 2015-20: A resolution of the City Council of Flagstaff, Arizona, for the adoption of the Budget for Fiscal Year 2015-16 and Public Hearing for Budget and Levy.
Moved by Councilmember Jeff Oravits, seconded by Mayor Jerry Nabours to read Resolution No. 2015-20 by title only.
Vote: 7 - 0 Unanimous
A RESOLUTION OF THE COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA ADOPTING THE BUDGET FOR THE CITY OF FLAGSTAFF FOR FISCAL YEAR 2015-2016
Councilmember Putzova said that during the work sessions they heard a lot of need for funding area services. She said that the time to address funding is during the budget retreat and she would hope that in the future the Council will consider increasing the property tax so they can fund services and make a difference. She hoped they had the political will to do so.
Moved by Councilmember Scott Overton, seconded by Councilmember Jeff Oravits to adopt Resolution No. 2015-20.
Vote: 7 - 0 Unanimous
Mayor Nabours asked, if he has a home that has gone up in value by the assessor, if he would pay more property tax. Mr. Tadder said that it would depend on the value increase. The averages across the City taxation is about 2.2%, so if the property increased by 3% they would see a little, if it was lower than the 2.2% they may see a decrease.
Councilmember Oravits said that he thought they did a great job this year and they accomplished it without increasing the property tax.
Moved by Councilmember Jeff Oravits, seconded by Councilmember Karla Brewster to read Ordinance No. 2015-11 by title only for the first time.
Vote: 6 - 1
- NAY:
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Councilmember Eva Putzova
AN ORDINANCE LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY OF FLAGSTAFF, ARIZONA, SUBJECT TO TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, LESS THE AMOUNT ESTIMATED TO BE RECEIVED FROM OTHER SOURCES OF REVENUE; PROVIDING FUNDS FOR VARIOUS BOND REDEMPTIONS, FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS AND PROVIDING FUNDS FOR GENERAL MUNICIPAL EXPENSES, ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2016
Moved by Councilmember Karla Brewster, seconded by Councilmember Eva Putzova to read Resolution No. 2015-27 by title only.
Vote: 7 - 0 - Unanimously
RESOLUTION OF THE COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, STATING ITS SUPPORT FOR THE DEVELOPMENT OF U.S. BICYCLE ROUTE 66
Moved by Councilmember Karla Brewster, seconded by Councilmember Eva Putzova to adopt Resolution No. 2015-27.
Vote: 7 - 0 - Unanimously
Vice Mayor Barotz voiced concern with the wording of the 'no" statement for Question No. 2 and discussion was held on the impact if one of these questions was approved and the other was not.
Ms. D'Andrea explained how Questions No. 2 and 3 work together. She said Question No. 3 gives the City Manager authority to adopt the personnel rules. If that was voted down, Question No. 2 would not matter because currently the Council adopts all of the rules. Ms. D'Andrea said that she would look at the wording further and try to clarify.
Ms. D'Andrea explained that if Question No. 2 and 3 both passed, the Council would still decide the due process, but would not review actual situations. She clarified that a prior question raised by Councilmember Oravits about an employee being able to run for an office would not come before Council if both of these questions passed.
Councilmember Putzova asked if there was a way to separate the procedural and policy issues within the personnel rules and regulations to keep the Council in control of the policy issues. Mr. Meilbeck said that the attempt is to leave the personnel issues out of the Council oversight. Ms. D'Andrea said that the exception is very specific as to the Council adopting the due process procedure, but nothing more.
Discussion was then held on effects of Questions 4, 5 and 6 regarding possible election dates.
Mayor Nabours then asked Councilmembers to vote on each of the questions:
Councilmember Oravits said that he was on the fence with No. 3 last time and he is now a no vote, and would then be with No. 2 as well, as he believed the Council should retain more of the authority over personnel rules and regulations.
Councilmember Putzova said that she did not support Question No. 5 because it was a date on which they have never held elections, and she agreed with Councilmember Oravits in removing No. 2 and 3, and Councilmember Evans agreed.
Moved by Mayor Jerry Nabours, seconded by Councilmember Scott Overton to read Resolution No. 2015-26 by title only.
Councilmember Brewster said that she understood not liking some of the questions, but she believed they should go to the voters and let them decide.
Moved by Councilmember Putzova and seconded by Councilmember Coral Evans to amend the motion to remove Question No. 2, 3 and 5; seconded by Councilmember Coral Evans.
Vote: 2 - 5 Failed
NAY Mayor Jerry Nabours
Vice Mayor Celia Barotz
Councilmember Karla Brewster
Councilmember Jeff Oravits
Councilmember Scott Overton
Moved by Councilmember Jeff Oravits and seconded by Councilmember Coral Evans to amend the motion by deleting Question No. 2 and 3.
Vote: 3 - 4 Failed
NAY Mayor Jerry Nabours
Vice Mayor Celia Barotz
Councilmember Karla Brewster
Councilmember Scott Overton
Motion (to read Resolution No. 2015-26 by title only)
Vote: 4 - 3
- NAY:
-
Vice Mayor Celia Barotz
Councilmember Coral Evans
Councilmember Eva Putzova
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, COCONINO COUNTY, ARIZONA, CALLING A SPECIAL ELECTION FOR NOVEMBER 3, 2015, AND APPROVING THE BALLOT LANGUAGE FOR SAID ELECTION
Moved by Mayor Jerry Nabours to amend Resolution No. 2015-26 to add Question No. 8; motion failed for lack of a second.
Moved by Mayor Jerry Nabours and seconded by Councilmember Jeff Oravits to amend Resolution No. 2015-26 to add Question No. 9.
Vote: 2 - 5 Failed
NAY: Vice Mayor Celia Barotz
Councilmember Karla Brewster
Councilmember Coral Evans
Councilmember Scott Overton
Councilmember Eva Putzova
Moved by Mayor Jerry Nabours and seconded by Councilmember Jeff Oravits to amend Resolution No. 2015-26 to add Question No. 10.
Vote: 2 - 5 Failed
NAY: Vice Mayor Celia Barotz
Councilmember Karla Brewster
Councilmember Coral Evans
Councilmember Scott Overton
Councilmember Eva Putzova
Moved by Mayor Jerry Nabours to amend Resolution No. 2015-26 to add Question No. 11; motion failed for lack of a second.
Moved by Mayor Jerry Nabours to amend Resolution No. 2015-26 to add Question No. 12; motion failed for lack of a second.
Moved by Mayor Jerry Nabours and seconded by Councilmember Scott Overton to amend Resolution No. 2015-26 to add Question No. 13.
Vote: 4 - 3 Passed
NAY: Vice Mayor Celia Barotz
Councilmember Coral Evans
Councilmember Eva Putzova
Moved by Mayor Jerry Nabours to amend Resolution No. 2015-26 to add Question No. 14; motion failed for lack of a second.
Moved by Mayor Jerry Nabours and seconded by Councilmember Karla Brewster to amend Resolution No. 2015-26 to add Question No. 15.
Vote: 4 - 3 Passed
NAY: Vice Mayor Celia Barotz
Councilmember Jeff Oravits
Councilmember Scott Overton
Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to adopt Resolution No. 2015-26 as amended (adding Question No. 13 and No. 15).
Vote: 4 - 3
- NAY:
-
Vice Mayor Celia Barotz
Councilmember Coral Evans
Councilmember Eva Putzova
Moved by Councilmember Jeff Oravits, seconded by Councilmember Coral Evans to amend the Flagstaff City Council Rules of Procedure as recommended.
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.
Vice Mayor Barotz asked for information as to what is taking place in the corner of the Public Works Yard.
Mr. Meilbeck congratulated the City Council and Mr. Copley for his appointment as City Manager.
Mr. Meilbeck said that he would be taking off the next three days with his family.
The Regular Meeting of the Flagstaff City Council held on June 16, 2015, adjourned at 7:41 p.m.
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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 16, 2015. I further certify that the Meeting was duly called and held and that a quorum was present.
| DATED this 7th day of July, 2015. | |
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________________________________ CITY CLERK |