CITY COUNCIL REGULAR MEETING
TUESDAY, MAY 17, 2016
COUNCIL CHAMBERS
211 WEST ASPEN
4:00 P.M. AND 6:00 P.M.
MINUTES
1.
CALL TO ORDER
Mayor Nabours called the Regular Meeting of the Flagstaff City Council held May 17, 2016, to order at 4:02 p.m.
Mayor Nabours called the Regular Meeting of the Flagstaff City Council held May 17, 2016, to order at 4:02 p.m.
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
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, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).
2.
ROLL CALL
Others present: City Manager Josh Copley and Interim City Attorney Sterling Solomon.
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: MAYOR NABOURS VICE MAYOR BAROTZ COUNCILMEMBER BREWSTER COUNCILMEMBER EVANS COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: NONE |
Others present: City Manager Josh Copley and Interim City Attorney Sterling Solomon.
3.
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
The audience and City Council recited the Pledge of Allegiance and Mayor Nabours read the Mission Statement of the City of Flagstaff.
MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life of its citizens.
4.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
A.
Consideration and Approval of Minutes: City Council Budget Retreat of February 11 and 16, 2016; Special Meeting (Executive Session) of May 3, 2016; Regular Meeting of May 3, 2016; and the Special Meeting (Executive Session) of May 10, 2016.
Moved by Councilmember Scott Overton, seconded by Councilmember Karla Brewster to approve the minutes of the City Council Budget Retreat of February 11 and 16, 2016; Special Meeting (Executive Session) of May 3, 2016; Regular Meeting of May 3, 2016; and the Special Meeting (Executive Session) of May 10, 2016.
Vote: 7 - 0 - Unanimously
5.
PUBLIC PARTICIPATION
Public Participation enables the public to address the Council about an item that is not on the agenda. 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
Public Participation enables the public to address the Council about an item that is not on the agenda. 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
6.
PROCLAMATIONS AND RECOGNITIONS
7.
APPOINTMENTS
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).
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).
8.
LIQUOR LICENSE PUBLIC HEARINGS
Mayor Nabours opened the Public Hearing for all liquor license applications. There being no public input, the Public Hearing was closed.
Moved by Councilmember Jeff Oravits, seconded by Councilmember Coral Evans to recommend approval to the State Department of Liquor Licenses and Control for all three liquor license applications.
Vote: 7 - 0 - Unanimously
A.
Consideration and Action on Liquor License Application: Bryan Ledbetter, "Rilibertos Fresh Mexican Food", 3666 E. Route 66, Series 12 (restaurant), New License.
B.
Consideration and Action on Liquor License Application: Mark Wagner, “Chevron", 357 W. Forest Meadows St., Series 10 (beer and wine store), New License.
C.
Consideration and Action on Liquor License Application: Evan Anderson, "Drinking Horn", 506 N. Grant St., Suite K, Series 13 (Farm Winery), New License.
9.
CONSENT ITEMS
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 Karla Brewster, seconded by Mayor Jerry Nabours to approve Consent Items 9-A through 9-C.
Vote: 7 - 0 - Unanimously
A.
Consideration and Approval of Cooperative Contract: PFM Asset Management, LLC Services Contract No.2016-48
Approve a Cooperative Purchase Contract with PFM Asset Management Services, LLC utilizing the Arizona Board of Regents/University of Arizona RFP#3061422 and resulting contract for investment management services.
B.
Consideration and Approval of Sole Source Purchase: Purchase five (5) utility truck beds meeting the specifications for the Utilities Water Distribution and Wastewater Collection Sections.
Approve the purchase of five (5) heavy duty utility truck beds from Drake Equipment of Phoenix, Arizona for the amount $177,732 plus all applicable taxes.
C.
Consideration and Approval of Cooperative Contract: Enter into a contract with Greenberg Traurig, LLP of Phoenix, Arizona to purchase Bond Counsel Services.
Approve the purchase of Bond Counsel Services through Greenberg & Traurig, LLP of Phoenix, Arizona, based on the following fee structure, utilizing a cooperative purchase agreement through the State of Arizona, Contract #ADSPO12-032930:
Bonds for State entities- up to $10,000,000 is a fee of $40,000
Bonds issued between $10MM and 50MM- is a fee of $50,000
Bonds issued on behalf of ADOT up to $100MM- is a fee of $60,000.
Bonds for State entities- up to $10,000,000 is a fee of $40,000
Bonds issued between $10MM and 50MM- is a fee of $50,000
Bonds issued on behalf of ADOT up to $100MM- is a fee of $60,000.
10.
ROUTINE ITEMS
A.
Consideration and Approval of Intergovernmental Agreement: Arizona Department of Transportation Intergovernmental Agreement for the Frontage Road 40 (Old Route 66) Overlay Project.
Project Manager Christine Cameron gave a brief review of the proposed project, noting that ADOT (Arizona Department of Transportation) would be bidding the project. She said that they would be taking up the old asphalt and doing a new layer of asphalt and spot repair. They were not aware of any issues between asphalt and concrete. She added that they previously did a similar overlay procedure and it has held up well.
Moved by Councilmember Jeff Oravits, seconded by Councilmember Karla Brewster to approve the Intergovernmental Agreement/Joint Project Agreement (IGA/JPA) between the City of Flagstaff and Arizona Department of Transportation (ADOT) for the use of Federal Surface Transportation Program (STP) funding in the amount of $1,212,000 and City funds in the amount of $73,260 for the construction of the Frontage Road (FR) 40 Overlay Project.
Vote: 7 - 0 - Unanimously
B.
Consideration and Approval of Contract: Supplemental Agreement for Forest Treatment operations on Section 6 of the Observatory Mesa Natural Area by Perkins Timber Harvesting LLC.
Wildland Fire Manager Paul Summerfelt briefly reviewed this agreement, noting that when this project was done they will have roughly 700 acres remaining to do. He said that a year ago they solicited for work on Observatory Mesa and that was then awarded to James Perkins. At that time there were two companies that bid for the work. The award allowed for subsequent work to be provided to that same vendor. Perkins did the first phase, Section 18 consisting of 475 acres, and they were pleased with his work. This is 540 acres located in Section 6. He said that there is only $181,000 coming out of the bond funds; the rest is grant money that has been secured, for a City total cost of 44%.
Mr. Summerfelt said that he believed this contract would expire in July of 2017, at which time they would look to go back out for a general bid.
Mr. Summerfelt said that he believed this contract would expire in July of 2017, at which time they would look to go back out for a general bid.
Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to approve the not-to-exceed Award/Supplemental Agreement of $414,052.40 for 540 acres of completed forest treatment work (Cutting and decking of wood products, grinding of debris, removal of grindings) on Section 6, Observatory Mesa Natural Area, to Perkins Timber Harvesting LLC of Williams AZ.
Vote: 7 - 0 - Unanimously
C.
Consideration and Adoption of Resolution No. 2016-22: A resolution of the Mayor and City Council of Flagstaff, Arizona, authorizing the submission of a bid response to the United States General Services Administration for the renovation and expansion of the United States Geological Survey Campus (Authority to submit a bid response re USGS Campus)
Real Estate Manager Charity Lee briefly reviewed this request, stating that this would authorize the City to submit a bid for a new build to suit building on the USGS Campus. The proposal would be to demolish Buildings 3 and 4, maintain Building 5, and build a new Building 4. She noted that the City would then bond for this construction and front the money, to be paid back as a lease payment.
Ms. Lee said that staff is currently working with an architect to building a shell building. This is the initial first step. There will be further negotiations in the future.
Ms. Lee said that staff is currently working with an architect to building a shell building. This is the initial first step. There will be further negotiations in the future.
Moved by Councilmember Jeff Oravits, seconded by Councilmember Karla Brewster to read Resolution No. 2016-22 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AUTHORIZING THE SUBMISSION OF A BID RESPONSE TO THE UNITED STATES GENERAL SERVICES ADMINISTRATION FOR THE RENOVATION AND EXPANSION OF THE UNITED STATES GEOLOGICAL SURVEY CAMPUS
Moved by Councilmember Jeff Oravits, seconded by Councilmember Karla Brewster to adopt Resolution No. 2016-22.
Vote: 7 - 0 - Unanimously
RECESS
The Regular Meeting of the Flagstaff City Council held May 17, 2016, recessed at 4:20 p.m.
The Regular Meeting of the Flagstaff City Council held May 17, 2016, recessed at 4:20 p.m.
6:00 P.M. MEETING
RECONVENE
Mayor Nabours reconvened the Regular Meeting of the Flagstaff City Council held May 17, 2016, at 6:04 p.m.
Mayor Nabours reconvened the Regular Meeting of the Flagstaff City Council held May 17, 2016, at 6:04 p.m.
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
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, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).
11.
ROLL CALL
Others present: City Manager Josh Copley and Interim City Attorney Sterling Solomon.
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: MAYOR NABOURS VICE MAYOR BAROTZ COUNCILMEMBER BREWSTER COUNCILMEMBER EVANS COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: NONE |
Others present: City Manager Josh Copley and Interim City Attorney Sterling Solomon.
12.
PUBLIC PARTICIPATION
Noah Hayes-McKeirnan, Flagstaff, and his wife came forward, stating that they had spoken at the Council meeting two weeks ago regarding a recent flood at their home caused by the broken City pipe and the denial of their claim. He said that they have patiently waited with no formal response to date. After the last meeting they were approached by Councilmembers who showed concern, but they have been informed that the City has no legal responsibility. He said that they were formally requesting that the Council order an investigation.
13.
CARRY OVER ITEMS FROM THE 4:00 P.M. AGENDA
None
None
14.
PUBLIC HEARING ITEMS
A.
Public Hearing, Consideration and Possible Adoption of Resolution Nos. 2016-21 and 2016-13, and Ordinance No. 2016-22: Public hearing to consider proposed amendments to Flagstaff Zoning Code, Chapter 10-50 (Supplemental to Zones), Division 10-50.100 (Sign Standards), and other related amendments in Chapter 10-20 (Administration, Procedures and Enforcement), Chapter 10-80 (Definitions) and Chapter 10-90 (Maps); consideration of Resolution No. 2016-13 declaring the proposed amendments as a public record; and adoption of Ordinance No. 2016-22, adopting amendments to Flagstaff Zoning Code Chapter 10-50 (Supplemental to Zones), Division 10-50.100 (Sign Standards), and other related amendments in Chapter 10-20 (Administration, Procedures and Enforcement), Chapter 10-80 (Definitions) and Chapter 10-90 (Maps), by reference, and consideration of Resolution No. 2016-21 to adopt the Flagstaff Sign Free Zone (Zoning Code Amendments - Sign Standards; adopting the Flagstaff Sign Free Zone)
Planning Director Dan Folke first acknowledged the work of Roger Eastman, Zoning Code Administrator, who was retiring soon. He then reviewed a PowerPoint presentation which addressed:
OVERVIEW
WHY ARE WE HERE?
REVISIONS TO THE CURRENT SIGN STANDARDS
PUBLIC HEARING
REED V. TOWN OF GILBERT, ARIZONA
REED TAKEAWAYS
Sign regulations cannot be content based
Can still restrict time, place and manner
SIGN STANDARDS OUTLINE
10-50.100.010 PURPOSE
Minor language amendments
Deleted a table
10-50.100.020 APPLICABILITY
Added a substitution clause
Exemptions
10-50.100.030 SIGN PERMIT REQUIREMENTS
10-50.100.040 GENERAL RESTRICTIONS FOR ALL SIGNS
Location Restrictions
DECISION POINT: No sign placed with City Right-of-Way?
10-50.100.060 PERMANENT SIGNS
10-50.100.090 TEMPORARY SIGNS (Current Code)
Recommending they now be titled Portable Signs
Signwalkers
10-50.100.100 SIGN DISTRICTS OF SPECIAL DESIGNATION
Primary New: Sign-Free Zone
NEEDED OTHER AMENDMENTS
Chapter 10-20
Chapter 10-80
DECISION POINTS:
Sign-Free Zone - Staff is proposing
No signs in public right-of-way
Within Sign-Free Zone City can remove signs
Portable Signs
Discussion was held on the commercial versus noncommercial signs. After further discussion consensus of Council was to not allow any signs within the City right-of-way and adopt the Sign-Free Zones.
Lengthy discussion was then held on portable signs. Issues raised included concern with restrictions on hours or number of days and difficulty in enforcement, as well as additional clutter. Councilmember Putzova said that an option not included is to allow no portable signs; currently they are giving a segment of the population a right to speech greater than everyone else. It is a political issue. They can decide who in the City has the right to spread a political message; they are giving a greater right to commercial property owners than to any others. It was noted that prohibition of all signs would eliminate the ability to place "for sale" signs on properties. Questions were also raised as to the impact on multifamily housing.
Mayor Nabours suggested that councilmembers get all of their questions and issues out for staff to work on further.
OVERVIEW
WHY ARE WE HERE?
REVISIONS TO THE CURRENT SIGN STANDARDS
PUBLIC HEARING
REED V. TOWN OF GILBERT, ARIZONA
REED TAKEAWAYS
Sign regulations cannot be content based
Can still restrict time, place and manner
SIGN STANDARDS OUTLINE
10-50.100.010 PURPOSE
Minor language amendments
Deleted a table
10-50.100.020 APPLICABILITY
Added a substitution clause
Exemptions
10-50.100.030 SIGN PERMIT REQUIREMENTS
10-50.100.040 GENERAL RESTRICTIONS FOR ALL SIGNS
Location Restrictions
DECISION POINT: No sign placed with City Right-of-Way?
10-50.100.060 PERMANENT SIGNS
10-50.100.090 TEMPORARY SIGNS (Current Code)
Recommending they now be titled Portable Signs
Signwalkers
10-50.100.100 SIGN DISTRICTS OF SPECIAL DESIGNATION
Primary New: Sign-Free Zone
NEEDED OTHER AMENDMENTS
Chapter 10-20
Chapter 10-80
DECISION POINTS:
Sign-Free Zone - Staff is proposing
No signs in public right-of-way
Within Sign-Free Zone City can remove signs
Portable Signs
Discussion was held on the commercial versus noncommercial signs. After further discussion consensus of Council was to not allow any signs within the City right-of-way and adopt the Sign-Free Zones.
Lengthy discussion was then held on portable signs. Issues raised included concern with restrictions on hours or number of days and difficulty in enforcement, as well as additional clutter. Councilmember Putzova said that an option not included is to allow no portable signs; currently they are giving a segment of the population a right to speech greater than everyone else. It is a political issue. They can decide who in the City has the right to spread a political message; they are giving a greater right to commercial property owners than to any others. It was noted that prohibition of all signs would eliminate the ability to place "for sale" signs on properties. Questions were also raised as to the impact on multifamily housing.
Mayor Nabours suggested that councilmembers get all of their questions and issues out for staff to work on further.
Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to postpone the Public Hearing to the May 31, 2016, Combined Special Meeting/Work Session.
Vote: 7 - 0 - Unanimously
B.
Public Hearing, Consideration and Possible Adoption of Resolution No. 2016-19 and Ordinance No. 2016-26: Declaring the "2016 Amendments to City Code Title 7, Health and Sanitation, Chapter 7-04, Municipal Solid Waste Collection Service” a public record and adopting said revisions to Chapter 7-04 "Municipal Solid Waste Collection Service" of the City Code by reference.
Public Works Director Andy Bertelsen reviewed a brief PowerPoint presentation which addressed:
PROPOSED REVISIONS TO THE CODE
1) Multifamily Residential
2) General Revisions
- Antiquated Language
- Definitions
SOLID WASTE OPERATIONS RESEARCH
1) Hauler licensing/truck fees
PROPOSED REVISIONS - Multifamily Residential
Background on Multifamily Residential
Multifamily Residential Collections Considerations
Multifamily Residential Landfill Considerations
Multifamily Residential Definition
Multifamily Residential Rate Considerations
Current Commercial, Industrial, and Multifamily Residential Rate Structure
Proposed Commercial, Industrial, and Multifamily Residential Rate Structure
PROPOSED REVISIONS
General Revisions
Examples - General Revisions
RESEARCH ON SOLID WASTE OPERATIONS
Operations Research License/Truck Fees
Mr. Bertelsen said that on collection rates they would be reducing rates and fees on the collection side; they do have the landfill and tipping fees and the tipping fees at the landfill could remain the same and would not need to be adjusted.
Mayor Nabours asked if City residents would see any change if they take their trash to the dump. Mr. Bertelsen said that they would not; the landfill tipping fees are proposed to remain the same.
Mayor Nabours asked if it was correct that multifamily apartments now had the option of going with the City or with a private service. Mr. Bertelsen replied that was correct.
Councilmember Putzova asked if the City was required to accept the trash of the other commercial carriers at the landfill. Mr. Bertelsen said that they were not required, but there are times where they would like to do so because it increases the tonnage and there is a break-even on tonnage.
PROPOSED REVISIONS TO THE CODE
1) Multifamily Residential
2) General Revisions
- Antiquated Language
- Definitions
SOLID WASTE OPERATIONS RESEARCH
1) Hauler licensing/truck fees
PROPOSED REVISIONS - Multifamily Residential
Background on Multifamily Residential
Multifamily Residential Collections Considerations
Multifamily Residential Landfill Considerations
Multifamily Residential Definition
Multifamily Residential Rate Considerations
Current Commercial, Industrial, and Multifamily Residential Rate Structure
Proposed Commercial, Industrial, and Multifamily Residential Rate Structure
PROPOSED REVISIONS
General Revisions
Examples - General Revisions
RESEARCH ON SOLID WASTE OPERATIONS
Operations Research License/Truck Fees
Mr. Bertelsen said that on collection rates they would be reducing rates and fees on the collection side; they do have the landfill and tipping fees and the tipping fees at the landfill could remain the same and would not need to be adjusted.
Mayor Nabours asked if City residents would see any change if they take their trash to the dump. Mr. Bertelsen said that they would not; the landfill tipping fees are proposed to remain the same.
Mayor Nabours asked if it was correct that multifamily apartments now had the option of going with the City or with a private service. Mr. Bertelsen replied that was correct.
Councilmember Putzova asked if the City was required to accept the trash of the other commercial carriers at the landfill. Mr. Bertelsen said that they were not required, but there are times where they would like to do so because it increases the tonnage and there is a break-even on tonnage.
Moved by Mayor Jerry Nabours, seconded by Councilmember Scott Overton to read Resolution No. 2016-19 by title only.
Vote: 7 - 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 AND ENTITLED “2016 AMENDMENTS TO CITY CODE TITLE 7, HEALTH AND SANITATION, CHAPTER 7-04, MUNICIPAL SOLID WASTE COLLECTION SERVICE
Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to read Ordinance No. 2016-26 by title only for the first time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF CITY CODE, TITLE 7, HEALTH AND SANITATION, CHAPTER 7-04, MUNICIPAL SOLID WASTE COLLECTION SERVICE, BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED “2016 AMENDMENTS TO CITY CODE TITLE 7, HEALTH AND SANITATION, CHAPTER 7-04, MUNICIPAL SOLID WASTE COLLECTION SERVICE", BY PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, AUTHORITY FOR CLERICAL CORRECTIONS, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
15.
REGULAR AGENDA
A.
Consideration and Possible Approval of Settlement Agreement and Release Between the Hopi Tribe and the City of Flagstaff (Agreement to settle litigation between the City and the Hopi Tribe relating to use of reclaimed water at the Arizona Snowbowl).
Moved by Mayor Jerry Nabours, seconded by Vice Mayor Celia Barotz to recess into Executive Session for the purpose of receiving legal advice regarding the Hopi settlement.
Vote: 7 - 0 - Unanimously
The Flagstaff City Council recessed into Executive Session at 7:30 p.m.
The Flagstaff City Council reconvened into Open Session at 8:23 p.m.
The following individuals came forward to comment on the proposed settlement:
•Uncle Don Fanning
•Joleen Kaye
•Lionel Puhuyesua, Hopi Tribe
Comments received included:
•The City estimates a construction cost of $1.6 million and annual maintenance cost of $180,000. Spreading the $1.6 million over ten years that is $340,000 a year, at least, and the Snowbowl only paid the City $120,000 in 2015; therefore, the sale of reclaimed water will be operating at a loss.
•Is a righteous litigation by the Hopi
•Who should pay for this? Does not feel the tribal government should pay and does not feel his City should pay through taxes; perhaps Snowbowl should bear the full cost of construction/maintenance
•Lives in Shiprock, New Mexico and also here. Children are Navajo and Hopi; brother is President of Navajo Nation
•Speaking for those that do not have a voice.
•Sacred mountain - created the peaks and placed the animals, plants, and other beings to be their permanent home where they can live out their lives
•Because of the reclaimed water, does not believe they will be there. They won't be able to drink the water or eat the plants.
•It is all about money
•Thank you for taking up the matter again.
•Both staffs have worked long and hard on the issue, doing their due diligence
•Difficult issue to work through; divisive in nature
•Politically and culturally, it is a hard issue for them to come to this place and compromise.
•Hopi still opposed to snowmaking at Snowbowl; however, it comes to a point in time that their tribe is the only one left litigating on this issues
•Others had their time; has not come to fruition. At this point they are looking to a favorable outcome for approval
•They are trying to put something in place as a safeguard and keep moving forward and help mend some of the relationships
Written comment card was received from the following individual in opposition to approving the settlement agreement:
•Hailey Reeves
Written comment cards were also received from the following individuals asking the Council to cancel the contract with Snowbowl:
•Dawn Dyer
•Lyncia Begay
The following individuals came forward to comment on the proposed settlement:
•Uncle Don Fanning
•Joleen Kaye
•Lionel Puhuyesua, Hopi Tribe
Comments received included:
•The City estimates a construction cost of $1.6 million and annual maintenance cost of $180,000. Spreading the $1.6 million over ten years that is $340,000 a year, at least, and the Snowbowl only paid the City $120,000 in 2015; therefore, the sale of reclaimed water will be operating at a loss.
•Is a righteous litigation by the Hopi
•Who should pay for this? Does not feel the tribal government should pay and does not feel his City should pay through taxes; perhaps Snowbowl should bear the full cost of construction/maintenance
•Lives in Shiprock, New Mexico and also here. Children are Navajo and Hopi; brother is President of Navajo Nation
•Speaking for those that do not have a voice.
•Sacred mountain - created the peaks and placed the animals, plants, and other beings to be their permanent home where they can live out their lives
•Because of the reclaimed water, does not believe they will be there. They won't be able to drink the water or eat the plants.
•It is all about money
•Thank you for taking up the matter again.
•Both staffs have worked long and hard on the issue, doing their due diligence
•Difficult issue to work through; divisive in nature
•Politically and culturally, it is a hard issue for them to come to this place and compromise.
•Hopi still opposed to snowmaking at Snowbowl; however, it comes to a point in time that their tribe is the only one left litigating on this issues
•Others had their time; has not come to fruition. At this point they are looking to a favorable outcome for approval
•They are trying to put something in place as a safeguard and keep moving forward and help mend some of the relationships
Written comment card was received from the following individual in opposition to approving the settlement agreement:
•Hailey Reeves
Written comment cards were also received from the following individuals asking the Council to cancel the contract with Snowbowl:
•Dawn Dyer
•Lyncia Begay
Moved by Councilmember Eva Putzova, seconded by Mayor Jerry Nabours to postpone the settlement agreement indefinitely.
Vote: 5 - 2
- NAY:
-
Councilmember Coral Evans
Councilmember Scott Overton
16.
DISCUSSION ITEMS
A.
Recap of the 2016 Legislative Session
Assistant to the City Manager Stephanie Smith said that Richard Travis was unable to be at the meeting this evening, and would be at the June 7, 2016, Council meeting to review their legislative priorities and successful actions.
Mayor Nabours asked Ms. Smith when she anticipated the Council would be looking at their state and federal priorities for next year. Ms. Smith replied that they usually look at those in November, and then in December they invite the State Legislators to Flagstaff, with the Legislative Session beginning in January.
Mayor Nabours asked Ms. Smith when she anticipated the Council would be looking at their state and federal priorities for next year. Ms. Smith replied that they usually look at those in November, and then in December they invite the State Legislators to Flagstaff, with the Legislative Session beginning in January.
B.
Discussion of 2017 League Resolution Process and Recommendations
Ms. Smith presented a PowerPoint presentation on the League Resolution Process and possible recommendations which addressed:
OVERVIEW
LEAGUE RESOLUTIONS
Opportunity for City Council to provide direction on proposed policy issues
Proposed policy issues:
Specific policy action
General policy direction
League's Annual Municipal Policy Statement
LEAGUE PROCESS
Cities and Towns submit ideas
League Policy Committees
Resolutions Committee
Annual League Conference
Municipal Policy Statement
COUNCIL DISCUSSION
Resolutions should be broadly applicable
Single City issues are not generally considered by League
Two types of recommendations
1) Statement requesting specific action
2) Statement of general policy direction
QUESTIONS TO CONSIDER
1) What is the problem?
2) What does the Council promote as the solution
Councilmember Evans said that she would like to continue the concept of local control.
Brief discussion was held on:
Restoring the Arizona Housing Trust Fund
Energy and Conservation Financial Districts
Restricting Guns in Public Places
VA Home Funding
Forest Health
Pension Reform
Mayor Nabours suggested that the Councilmembers think on this further over the next few weeks and bring ideas back.
Mayor Nabours said that an example is that he is on one of the committees that works on proposed resolutions. There is a suggestion about clarifying the 20% property owner requirements needed for zoning change appeals, so it is clearer as to what property owners are to be considered. Councilmember Evans said that before they supported something, they would need to have further information.
FUTURE COUNCIL ACTION
Ms. Smith also noted that any members of the Council have the opportunity to serve on these review committees.
OVERVIEW
LEAGUE RESOLUTIONS
Opportunity for City Council to provide direction on proposed policy issues
Proposed policy issues:
Specific policy action
General policy direction
League's Annual Municipal Policy Statement
LEAGUE PROCESS
Cities and Towns submit ideas
League Policy Committees
Resolutions Committee
Annual League Conference
Municipal Policy Statement
COUNCIL DISCUSSION
Resolutions should be broadly applicable
Single City issues are not generally considered by League
Two types of recommendations
1) Statement requesting specific action
2) Statement of general policy direction
QUESTIONS TO CONSIDER
1) What is the problem?
2) What does the Council promote as the solution
Councilmember Evans said that she would like to continue the concept of local control.
Brief discussion was held on:
Restoring the Arizona Housing Trust Fund
Energy and Conservation Financial Districts
Restricting Guns in Public Places
VA Home Funding
Forest Health
Pension Reform
Mayor Nabours suggested that the Councilmembers think on this further over the next few weeks and bring ideas back.
Mayor Nabours said that an example is that he is on one of the committees that works on proposed resolutions. There is a suggestion about clarifying the 20% property owner requirements needed for zoning change appeals, so it is clearer as to what property owners are to be considered. Councilmember Evans said that before they supported something, they would need to have further information.
FUTURE COUNCIL ACTION
Ms. Smith also noted that any members of the Council have the opportunity to serve on these review committees.
17.
FUTURE AGENDA ITEM REQUESTS
After discussion and upon agreement by a majority of all members of the Council, an item will be moved to a regularly-scheduled Council meeting.
After discussion and upon agreement by a majority of all members of the Council, an item will be moved to a regularly-scheduled Council meeting.
A.
Future Agenda Item Request (F.A.I.R.): A request by Mayor Nabours and Councilmember Evans to place on a future agenda a discussion on local preference in procurement and project delivery methods such as CMAR, Design/Build, Design/Bid/Build, etc.
Mayor Nabours said that he had requested this item to receive a presentaiton so they would have a clearer understanding of the differences between the various types of bidding procedures. Councilmember Evans said that she also wanted to learn more about those businesses that are just opening up a store front.
With an informal vote of 3-4, this item will not move forward to a future agenda.
With an informal vote of 3-4, this item will not move forward to a future agenda.
B.
Future Agenda Item Request (F.A.I.R.): A request by Mayor Nabours to place on a future agenda discussion on an Expedited Permit Process for Green-Standard Building.
Mayor Nabours briefly reviewed this request. There was not a majority of Council interested in moving this item forward.
18.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
Councilmember Putzova said that awhile ago she asked for a legal memo regarding the anti-camping ordinance in light of those sleeping on benches.
Councilmember Putzova also requested a nonconfidential Council report re HB2579. She said that if it is required to receive that in two separate reports (one being confidential), she would request that as well.
Councilmember Evans acknowledged the young couple that sat through the entire meeting regarding the issue of the broken water main. She suggested that perhaps the City Manager could sit down with them and talk about the situation.
Vice Mayor Barotz asked for a Future Agenda Item Request to see, in light of the memo that made assertions about the City's role or responsibility, if there was something they could do, perhaps put together a fund to provide for some type of reimbursement, in such situations.
Mr. Copley reported that the Arizona State Transportation Board would be meeting in the Council Chambers at 9:00 a.m. on this coming Friday and they would post for a possible quorum, should a majority of Council wish to attend. He said that David Wessel is more than happy to provide talking points should they wish to speak.
Councilmember Putzova also requested a nonconfidential Council report re HB2579. She said that if it is required to receive that in two separate reports (one being confidential), she would request that as well.
Councilmember Evans acknowledged the young couple that sat through the entire meeting regarding the issue of the broken water main. She suggested that perhaps the City Manager could sit down with them and talk about the situation.
Vice Mayor Barotz asked for a Future Agenda Item Request to see, in light of the memo that made assertions about the City's role or responsibility, if there was something they could do, perhaps put together a fund to provide for some type of reimbursement, in such situations.
Mr. Copley reported that the Arizona State Transportation Board would be meeting in the Council Chambers at 9:00 a.m. on this coming Friday and they would post for a possible quorum, should a majority of Council wish to attend. He said that David Wessel is more than happy to provide talking points should they wish to speak.
19.
ADJOURNMENT
The Regular Meeting of the Flagstaff City Council held May 17, 2016, adjourned at 9:15 p.m.
| _______________________________ MAYOR |
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| ATTEST: |
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| _________________________________ CITY CLERK |
CERTIFICATION
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 17, 2016. I further certify that the Meeting was duly called and held and that a quorum was present.
| DATED this 7th day of June, 2016. | |
| ________________________________ CITY CLERK |