CITY COUNCIL REGULAR MEETING
TUESDAY, JULY 21, 2015
COUNCIL CHAMBERS
211 WEST ASPEN
4:00 P.M.
4:00 P.M.
Mayor Nabours called the Regular Meeting of July 21, 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 COUNCILMEMBER PUTZOVA |
ABSENT: NONE |
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 Vice Mayor Celia Barotz to approve the minutes of the City Council Budget Advance of April 21-22, 2015; Work Session of May 26, 2015; Joint Work Session of June 22, 2015; Work Session of June 30, 2015; Regular Meeting of July 7, 2015; and Special Meeting (Executive Session) of July 14, 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.
The following individuals addressed the City Council:
Andy Fernandez, Flagstaff, voiced concerned with purported open meeting law violations.
Lisa Hutchison, Flagstaff, said that she was a commercial property owner and was recently told she had to replace two big pieces of concrete in her sidewalk. Upon further inspection it appeared that the City had not installed it properly to begin with, and it was her belief that the City should have to replace it. She said that she would be submitting a claim, but wanted to bring this to Council's attention as well.
Sagami Dande, lobbyist and advocate for bicyclists nationally, said that he was impressed with the City, but had seen a lot of bicyclists breaking the law and he would like to see the City put up a website that promotes bicycle safety.
Moran Henn, Flagstaff, said that she was stepping down as Executive Director of Friends of Flagstaff's Future, as she has taken a position with Willow Bend Environmental System. She thanked the Council and staff for all of their amazing work. The majority of citizens do not know what is going on at the City, and the amount of energy it takes to do what they do, but she wanted to thank them from the bottom of her heart.
Ms. Henn said that one amazing thing about FFF was that it was there long before she arrived and it will be there long after she leaves, but it is comprised of an amazing group of volunteers and individuals and they will continue to engage with this and future Councils.
David McCain, President of FFF, said that they were committed to continue the work done by Moran.
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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).
Vice Mayor Barotz thanked the Mayor for providing a copy of Mr. Zickerman's resume to everyone.
Moved by Vice Mayor Celia Barotz, seconded by Councilmember Jeff Oravits to approve the Mayor's appointment of Adam Zickerman to the Public Safety Personnel Retirement System Board, with a term to expire September 2018.
Vote: 7 - 0 - Unanimously
He then opened the public hearing for all liquor license applications. There being no public comment, the public hearing was closed.
Moved by Councilmember Jeff Oravits, seconded by Vice Mayor Celia Barotz to forward a recommendation of approval for all seven of the following liquor license applications to the State.
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.
Moved by Vice Mayor Celia Barotz, seconded by Councilmember Coral Evans to approve Consent Agenda Items 9-A through 9-E.
Vote: 7 - 0 - Unanimously
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1) Award a professional services contract to Civil Design and Engineering, Inc., and
2) Authorize the Interim City Manager to execute the necessary documents.
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1) Approve the Construction Contract with Interstate Mechanical Corporation in an amount not to exceed $229,010.00.
2) Authorize Change Order Authority of 10% in the amount of $ 22,901.00, to cover potential costs associated with unanticipated or additional items of work.
3) Authorize the City Manager to execute the necessary documents
2) Authorize the Interim City Manager to execute the necessary documents.
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Consideration and approval of increase in compensation of City Magistrates beginning August 1, 2015, with an increase to the Presiding Magistrate's salary of $4,200 and the Magistrate's salary of $3,000 annually, and be eligible to receive any other increase provided to other management employees during the two-year term.
Councilmember Oravits asked if this would complete the furnishing of cameras for everyone. Ms. Brown replied that it would. Right now, she said it was just with the field officers, but this would also provide for sergeants, corporals and specialty assignments, such as detectives and the special enforcement squad. She said that each officer is assigned their own unit, but when they are off shift they are docked and recharged at the office. She added that they do have live capability.
Councilmember Brewster said that she did think these were essential. She asked if they were able to receive any grants to offset the costs. Ms. Brown replied that she did attempt to obtain grants for this purchase, but they were unsuccessful.
Police Chief Kevin Treadway said that from the Flagstaff Police Department perspective, they believe this is a good investment, but it is not without its challenges. He said that it does take a long time to make appropriate redactions when they receive public records requests.
Chief Treadway said that they discussed their use at the Police Chiefs Conference last week and while other agency heads in the state feel the same as he does, there are additional limitations, and it would be a mistake to rush to a premature conclusion based on the images. He said that because they are in two dimensions, they will see one angle and that could lead to a specific decision. He conveyed the Department's appreciation for the Council's support with this purchase.
Vice Mayor Barotz asked if the Chief had heard of any departments rejecting their use. Chief Treadway said that most of the trade journals have articles cautioning their use. He said that he is proud of the way they rolled out their use in Flagstaff. They started as a pilot program and did a great deal of research on best practices which are included in their policy. He said that there are agencies across the country that have put them in place with no policy at all and they have had results with a number of challenges. By and large, with those agencies that have invested in their use, they are convinced that it is right for their community.
Moved by Councilmember Scott Overton, seconded by Councilmember Coral Evans to approve the funding of $77,762.57 to Taser International for the Axon Flex camera program to outfit supervisors and specialty assignment officers. The initial amount of $28,016.00, will allow for the purchase of 34 Axon Flex body cameras with mounting, charging, and docking accessories and professional services. The costs for evidence storage and retention will be $32,879.90 for a five year contract, extended warranty: $12,697.80, estimated tax and shipping $4,168.87. The total allocated request $77,762.57.
Vote: 7 - 0 - Unanimously
Mayor Nabours said that they wanted to also give their sincere thanks to the Police Department in solving the bomb threat calls. He said that it was a national issue and was solved by the Flagstaff Police Department. Chief Treadway thanked the Council, and gave a special recognition to Sgt. Ryan Beckman, Cory Runge and Adrian Barreras. He said that he was very proud of them for sticking with it.
Wildland Fire Manager Paul Summerfelt said that Perkins Timber was used on the Equestrian Project and they were pleased with their work. He said that the second item provides funding and between it and a grant, they save about $200,000 on the Perkins award.
Moved by Councilmember Eva Putzova, seconded by Vice Mayor Celia Barotz to approve the award of Bid #2015-73 to Perkins Timber Harvesting, Inc, in the amount of $366,250
Vote: 7 - 0 - Unanimously
Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to approve the Sub-Recipient Agreement with Greater Flagstaff Forests Partnership, Inc.
Vote: 7 - 0 - Unanimously
Senior Procurement Specialist Patrick Brown gave a brief PowerPoint presentation regarding Job Order Contracting (JOC) which addressed:
WHAT IS JOC?
CONTRACTOR SELECTION
HOW JOC WILL WORK
WHICH PROJECTS?
SAMPLE UPCOMING PROJECTS
JOC ADVANTAGES
Mr. Brown said that they are limited with using JOC at $1 million per project per year, and they will not spend over $5 million aggregate using this type of process.
Councilmember Oravits said that it is a big number. Sometimes they do things during the budget cycle, then it comes back to the Council for approval if it is over $50,000, which to him is a double check on expenditures and projects.
Councilmember Overton said there was no question--he appreciated the information for this type of delivery as it saves time and he applauds the efficiency. However, he believes that the partnership and relationship can be diminished and he is uncomfortable with this type of procurement.
Mr. Brown said that the JOC would bring value to the citizens as there are costs associated with winter shutdowns. Even though this may not seem as competitive, there is value to be saved in a contract that could be shuffled over to another project.
Councilmember Overton asked if other communities were able to use Flagstaff's JOC, and, if so, if they would receive a percentage back. Mr. Brown said that they are able to use; however, most municipalities do not charge each other fees for using their contracts. He said that if that was the direction of Council they could look into it further.
Mayor Nabours said that in looking at the bidder listing, out of ten contracts only three will be getting a lot of money spent with them over the next three years. He would be concerned with those contractors that did not quite have enough points to qualify as one of the top. Mr. Brown said that he has spoken with a few of them already and they understand that this is typical in other municipalities. It is much like a hard bid situation. He said that there are still possibilities for them. If one of the top three were unable to continue serving, another could move up.
Mr. Brown noted that they are not using this type of procurement for all projects. There is still an opportunity to gain work with the other projects.
Councilmember Brewster asked how many other communities use this process. Mr. Brown said that he was familiar with Peoria, Scottsdale, Buckeye, Phoenix, Mesa, NAU and FUSD.
Mr. Meilbeck said that he understands this is a difficult question for many on Council. As long as he has been in this business there has been a push for government to run more like a business. This is one of the tools available; a tool that provides more agility and responsiveness. He said that the City's professional staff feels they can get the best value for the taxpayer using this method, as well as the other types.
Moved by Councilmember Eva Putzova, seconded by Councilmember Karla Brewster to approve award of Job Order Contracting Contracts to 17 contractors representing six discipline areas: 1) Horizontal Construction: Achen-Gardner Construction, Kinney Construction Services (KCS) and Kear Civil Corporation; 2) Vertical Construction: Kinney Construction Services (KCS), Loven Contracting and Wespac Construction; 3) Water/Wastewater General Construction: Felix Construction, PCL Construction and Summa Construction; 4) Water/Wastewater Controls Construction: Alliance Contractors, EIC Engineers and Quantum Controls; 5) Landfill Construction: Fann Construction, Rummel Construction and SDB Contractors; 6) Signing & Barricades: Action Barricade & Traffic Safety; and authorize the City Manager to execute the necessary documents.
Vote: 5 - 2
- NAY:
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Councilmember Jeff Oravits
Councilmember Scott Overton
Moved by Councilmember Scott Overton, seconded by Councilmember Karla Brewster to approve the Intergovernmental Agreement between the City of Flagstaff and Coconino County for election services for the November 3, 2015, Special Election.
Vote: 7 - 0 - Unanimously
Councilmember Overton commended staff and Police leadership, and the Council, for putting this forward. So often they hear that compensation is the only tool they have and they looked at what else they could use. He really encouraged law enforcement to use it and he hoped it became a model.
Moved by Vice Mayor Celia Barotz, seconded by Councilmember Coral Evans to approve the award of the Professional Services Contract to Housing Solutions of Northern Arizona, Inc.; and authorize the Interim City Manager to execute the necessary documents.
Vote: 7 - 0 - Unanimously
Mayor Nabours asked if staff anticipated any expenses coming from the housing funds for this project. Ms. Darr replied no. The only reason they put it in is for unforeseen circumstances. She said that they are designed to be ADA, so if they have an ADA member, perhaps it would be appropriate. They put in a small amount of $11,000 per home to cover things they may not have anticipated, but they hope to not access those funds.
Councilmember Oravits said that the City was the ones building these in the past and contracting them out. He said that they were built on leased land and charging around $169,900. He said that he wants the City out of this program and he thought this was a great opportunity, through Habitat for Humanity, to provide affordable housing. He said that they are shooting for $130,00 to $135,000 per house. He was excited to see they have the ability to finance themselves and get the volunteers. They also request that the participants spend 200 hours in sweat equity. Additionally, he thought they should use restricted funds if contingency needed to be used.
Councilmember Evans said that she was one of the councilmembers that has been there since the beginning of this program. She very much appreciated this and was glad that staff was able to find this property could be used. The model that staff started out with was great. She wanted to point out that they were able to offer those prices because the City was putting up the property. The cost of land in Flagstaff is still a problem.
Moved by Councilmember Jeff Oravits, seconded by Councilmember Coral Evans to award the Professional Services Contract to Habitat for Humanity of Northern Arizona; approve Contingency Authority to the City Manager in the amount of 10% per phase; and authorize the City Manager to execute the necessary documents.
Vote: 7 - 0 - Unanimously
Councilmember Putzova asked what the implications were of using from the restricted or nonrestricted funds. Ms. Darr said that it is a nonreplenishing bucket of money. There are not significant contributions being received. Historically, the Council has given funding, but when they went through the recession those funds went away. She said that they have been living off of a fund balance and had previously contracted with a local contractor, similar to Habitat for Humanity and the City for the homes and when they were later sold those proceeds went back into this fund. She said that those funds were restricted for the use of affordable housing. The money in the unrestricted funds are a result of general fund contributions.
Mayor Nabours noted that they have had prior discussions about the sale of property, with those proceeds being restricted to housing funding, such as the Butler/Lonetree property. He said that there are sources to replenish this fund in the future.
Consensus of the Council was to use contingency funds from the restricted portion of the fund, if needed.
Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to read Ordinance No. 2015-12 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, CHAPTER 13-10, STREETS, BY ADDING SECTION 13-10-014 “ROADWAY FUNCTIONAL CLASSIFICATIONS AND TRUCK ROUTES”; PROVIDING FOR 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 adopt Ordinance No. 2015-12.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jeff Oravits, seconded by Mayor Jerry Nabours to read Ordinance No. 2015-15 by title only for the final time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AMENDING FLAGSTAFF CITY CODE TITLE 5, FIRE CODE, BY AMENDING SECTION 5-02-002, REGULATIONS FOR THE USE OF CONSUMER FIREWORKS, THEREOF
Moved by Councilmember Jeff Oravits, seconded by Mayor Jerry Nabours to adopt Ordinance No. 2015-15.
Vote: 7 - 0 - Unanimously
WHY CHANGE THE POLICY?
POLICY CHANGES FOR CONSIDERATION
EXCEPTIONS
OTHER CONSIDERATIONS
Mayor Nabours emphasized that as an active City employee they get medical insurance coverage at no cost; with the retiree they are eligible for it, but they are paying the premium.
Councilmember Putzova asked Ms. Anderson to speak to NAPEBT's authority to set policy. Ms. Anderson said that the policy exists in two places--the City employee handbook has included a policy for over ten years. It states that NAPEBT has the authority as the Trust and they have been working together for over 20 years. The IGA gives them the authority to make decisions regarding eligibility. She said that retirees would stay on that insurance until Medicare eligible. Because it impacts the health of the Trust and they are all putting money into that Trust, they have the authority.
Staff was asked what they do when they have conflicting language. Ms. Anderson said that was why they had the introductory language in the IGA that states that NAPBET overrides City policy.
Councilmember Putzova asked what the process is by which they determine the start date of an employee. Ms. Anderson said that they use the confirmation letter and then there is additional documentation.
Moved by Mayor Jerry Nabours and seconded by Councilmember Jeff Oravits to read Ordinance No. 2015-14 by title only as amended and as amended in the posted agenda packet.
Moved by Councilmember Eva Putzova and seconded by Vice Mayor Celia Barotz to amend the ordinance. Discussion was held on the process of reconciling the City's policy with that of NAPEBT. Ms. Anderson reviewed numbers of retirees using this process, noting that those were just from the City; it is larger from the Trust as a whole. After further discussion the motion to amend and second were withdrawn.
It was suggested that they consider removing that section of the City Employee Handbook altogether and referring them to the Trust's policy.
After further discussion, Mayor Nabours withdrew his motion to read the Ordinance and Councilmember Oravits withdrew his second.
Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to table this item until they can bring back the appropriate wording.
Vote: 7 - 0 - Unanimously
Councilmember Putzova said that she would appreciate staff working with the Trust regarding specific exceptions. She suggested that maybe they needed to unify the wording at the Trust level.
Moved by Vice Mayor Celia Barotz, seconded by Councilmember Eva Putzova to read Resolution No. 2015-30 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA SUPPORTING THE STEPPING UP INITIATIVE WHICH AIMS TO REDUCE THE NUMBER OF PEOPLE WITH MENTAL ILLNESS IN JAILS
Moved by Vice Mayor Celia Barotz, seconded by Councilmember Eva Putzova to adopt Resolution No. 2015-30.
Vote: 7 - 0 - Unanimously
He said that this is also an extension to the project approved two months ago. They are starting to store a great deal of this product and it could potentially act as a liner and a cap in the future, should they received approval from the Arizona Department of Environmental Quality (ADEQ).
Mayor Nabours asked why NAU was cooperating with the City. Mr. Morales said that they have already done extensive research on this project. Students from NAU won a national award a few years ago, and they feel that the additions they are trying to complete there will be successful. He said that it is a win/win for both parties.
Moved by Councilmember Jeff Oravits, seconded by Councilmember Karla Brewster approve the Intergovernmental Agreement (IGA) with the Arizona Board of Regents for a total project cost of $47,358.43, of which the City will cost share $23,878.54 and NAU's share will be $23,479.89.
Vote: 7 - 0 - Unanimously
PLEASE NOTE: DUE TO THE NATURE OF THE AGENDA ITEMS, THERE WILL BE NO 6:00 P.M. PORTION OF THIS MEETING. ALL ITEMS WILL BE DISCUSSED AND ACTED ON DURING THE 4:00 P.M. PORTION
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VICE MAYOR BAROTZ COUNCILMEMBER BREWSTER COUNCILMEMBER EVANS |
COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
After discussion and upon agreement of three members of the Council, an item will be moved to a regularly-scheduled Council meeting.
The Regular Meeting of July 21, 2015, of the Flagstaff City Council adjourned at 6:15 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 July 21, 2015. I further certify that the Meeting was duly called and held and that a quorum was present.
| DATED this 25th day of August, 2015. | |
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________________________________ CITY CLERK |