Moved by Councilmember Scott Overton, seconded by Councilmember Karla Brewster to approve the minutes of the City Council Work Session of June 14, 2016; Special Meeting (Executive Session) of August 16, 2016; Regular Meeting of August 16, 2016; Special Meeting (Executive Session) of August 30, 2016.

Vote: 7 - 0 - Unanimously

Mayor Nabours opened the Public Hearing. He noted that the Police, Sales Tax, and Community Development departments had reviewed the application and had no concerns. There being no public comment, Mayor Nabours closed the Public Hearing.

Moved by Councilmember Jeff Oravits, seconded by Councilmember Karla Brewster to forward the application for The Field House Chicken & Waffles to the State Department of Liquor Licenses with a recommendation of approval.

Vote: 7 - 0 - Unanimously

Moved by Councilmember Scott Overton, seconded by Councilmember Coral Evans to approve Consent Items 9-A and 9-B.

Vote: 7 - 0 - Unanimously

Moved by Mayor Jerry Nabours, seconded by Councilmember Scott Overton to read Ordinance No. 2016-06 by title only for the final time.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE FLAGSTAFF CITY COUNCIL, AMENDING THE FLAGSTAFF CITY CODE, TITLE 1, ADMINISTRATIVE, CHAPTER 1-24, INSURANCE, RELATING TO THE BOARD OF TRUSTEES AND ADMINISTRATION OF THE SELF-INSURANCE TRUST FUND; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE

Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to adopt Ordinance No. 2016-06.

Vote: 7 - 0 - Unanimously

Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to approve the Declaration of Trust of the City of Flagstaff Self-Insurance Trust Fund.

Vote: 7 - 0 - Unanimously

Project Manager Eli Reissner briefly reviewed this ordinance, noting that it would now include the oversight of the Road Repair and Street Safety Initiative (RRSSI) by the City's Transportation Commission.

Mr. Petersen said that they do annually prepare a report for the Transportation Commission on the other transportation bond issues and that report will now include information on the RRSSI. He said that their hope is to engage the Transportation Commission more on a regular basis as they develop and prioritize their expenditures. They anticipate being in front of them fairly regularly.

Moved by Councilmember Jeff Oravits, seconded by Mayor Jerry Nabours to read Ordinance No. 2016-31 by title only for the first time.

Vote: 7 - 0 - Unanimously

Solid Waste Manager Todd Hansen briefly reviewed this request, noting that they would like to hire Plateau Engineering to do some studies for them at the landfill. Mayor Nabours asked if this was an example of the Council approving certain firms to do certain jobs, up to a certain amount. Mr. Hansen replied that was correct. At the end, they would have 30% design on the infrastructure.

Mayor Nabours asked if this would do anything for the capacity of the landfill. Mr. Hansen replied that it would not; it will allow them to be in compliance.

Moved by Councilmember Karla Brewster, seconded by Councilmember Jeff Oravits to approve a Contract with Plateau Engineering, Inc. (Plateau) to provide professional consulting services for an amount not to exceed $138,191.00.

Vote: 7 - 0 - Unanimously

Wildland Fire Manager Paul Summerfelt said that he did not have a presentation, but was available to answer any questions. He said that this was a 100% grant. The City did not apply for it; they asked the City if they could use it. He said that this will allow them to assess current conditions and then determine what they would like to carry out.

Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to approve IGA FT-16-0216-ASF-A1S between the Department of Forestry and Fire Management and the City of Flagstaff for Forest Management Planning.

Vote: 7 - 0 - Unanimously

Deputy City Clerk Stacy Saltzburg said that this ordinance would revert the wording of the Heritage Preservation Commission back to its prior wording, to require specific designations for its members. She said that the City has an agreement with the State Historic Preservation Office and the ordinance must include specific designations in order to be designated as a Certified Local Government (CLG). She said that the current make up of the membership still fulfills these requirements.

Moved by Councilmember Eva Putzova, seconded by Vice Mayor Celia Barotz to amend the Ordinance on paragraph B by eliminating "demonstrated" before "interest" and adding "and Heritage Preservation" after "community", and read it by title only for the first time.

Vote: 7 - 0 - Unanimously

Deputy City Attorney Kevin Fincel gave a brief review of this request. Vice Mayor Barotz asked that in the future a location map be included in the packet on items such as this.

Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to read Ordinance No. 2016-35 by title only for the first time.

Vote: 7 - 0 - Unanimously

The following individuals addressed the Council re issues indicated:

•Paul Ferry, Parks, regarding the Leroux parking lot improvements for those with disabilities and its status
•Rob Wilson, Flagstaff, re violations of election laws in Coconino County and hacking of election systems across the country
•John Viktora, Flagstaff, regarding Councilmember Oravits's absence as the City's representative to the Health Advisory Board from 2012 to 2014
•Candace Howard, Flagstaff, re flooding in the Wildwood Hills Park
•Andy Fernandez, Flagstaff, re several issues

The following individuals addressed the Council in support of stopping the Dakota Access Pipeline and asking that the issue be placed on a future agenda for discussion:

•Yolanda Yazzie
•Selest Manning
•Anthony Salazar
•Alejandrra Espinosa
•Steve Dinwiddie

The following individuals submitted written comment cards in support of stopping the Dakota Access Pipeline and placing the item on a future agenda:

•Sarah Holiday
•Ginger Van Divier
•Hilary Giovale
•Marcy Roof
•Crystal Nez
•Crystal Behody
•Kelanoni Bennett
•Heather Mead
•Erin Loyce
•Amanda E. Berman
•Tamara Seaton
•Jessina Clasen
•Nadja Jones
•Vanessa Henry
•Merritza Griego
•Virgilia Yazzie
•Danielle
•Madison Ledgerwood
•Kelsey Morales
•Mariko Whitehat
•Roxanne Slim
•Naomi Giorman
•Elizabeth Douglass-Gallagher
•Ashley Dellorso
•Milton Timms
•Aleigha Keeling
•Claire Martini
•Timothy Corridae
•Jessi Quizar
•Nishant Udadhyay
•Eva Suingen
•Alycia Lewis
•Vanessa Brown
•Dawn Dyer
•Anna Tedford
•Nicole Montoya
•Christina Wilson
•Mara Pfeffer
•Henry Medley
•Gaylene Soder
•Tom Ruddell
•Rhoda P. Morgan
•Beth Harper
•Larita L. Stevens
•Noah Shires
•Lyndell Yazzie
•Kory Joe
•Elsie Boyer
•Cory Evans
•Berkley Carnine
•Branden Shipley
•Erica Dolores
•Jaime Yazzie
•Kathryn Somoza
•Lyncia Begay
•Tylyn Clah
•Dannon Watchomigin
•Kevin White
•Shannon Duggan
•Jayne Sandoval
•Stefan Vest
•Lisa Blackgoat
•Louis Sisto
•Kimberly Cuccinello
•Rebekah Kamp
•Anjeanette Laben
•April Tucker
•Kara Sagi
•Jillian Marini
•Kim Curtis
•Sage Nelson
•Annika Natseway
•Krystal Davis
•Brian Davis
•Latisha yazzie
•Colleen Davis
•Milton J. Summers
•Stephan "Buddy" Joe
•Talia Lerer
•Schoyler Smith

Mayor Nabours opened the Public Hearing on this item, but said there would be no action taken this evening.

Comprehensive Planning Manager Sara Dechter then continued her PowerPoint presentation which addressed:

CHAPTER 3
INTRODUCTION
STATUTES & TITLES
PUBLIC INVOLVEMENT - TIMELINE

COUNCIL QUESTIONS FROM WORK SESSION
How much of what is being changed is from major to minor, or vice versa?
Make sure the language and the impact of the change is clear
Specific Plans and their status (next meeting)

Ms. Dechter clarified that in order for a specific plan to be used in connection with the Regional Plan and analysis of a project, it needs either a resolution or ordinance; they are missing that with the Southside Neighborhood Plan.

Vice Mayor Barotz said that when Ms. Dechter started speaking she mentioned that the proposed changes actually will give staff less discretion. She asked that as Ms. Dechter is going through the process that she highlight when that is the case, or if it is the other way.

Councilmember Evans said that as she read pages three through eight on how the plans work, it looks as if a neighborhood plan does not carry the same weight as specific plans, and she would like to have a clearer understanding of that when it is discussed.

WHAT'S THE DIFFERENCE?
MAJOR AMENDMENT
     Looks at systematic impacts to Regional Plan assumptions
MINOR AMENDMENT
     Should already fit Regional Plan assumptions

She said that an example would be whether they should delete or downgrade an activity center to protect dark skies. Currently that would be a minor amendment, but it should be a major amendment. They need to right tool for the right amendment.

Vice Mayor Barotz asked Ms. Dechter to talk more about strategic or site specific. Ms. Dechter said that it is an issue of balance between the two. Strategic would be more about dark skies, transportation, etc. while site specific would be more like what developers across the street from Presidio might be looking at. Right now the balance is not in Chapter 3. Ms. Dechter then gave an example of "bait and switch." Councilmember Evans asked that when she comes back at future meetings that she brings additional examples and other possible ways to achieve the same result.

Councilmember Putzova said that as she thinks about this process, it seems like this amendment should be considered a Major Plan Amendment, and should be addressed first, since it has strategic implications. She said that the Regional Plan Committee worked on the Regional Plan for five years and then took it to the vote of the people. Now they are changing the rules, and by considering this as a Major Plan Amendment first, it would maintain the integrity of that process.

Ms. Dechter said that her number one reason for not stopping to make this a Major Plan Amendment is that they have now announced that there are loopholes and if they do that, going back to Planning and Zoning with a Major Plan Amendment, it would give property owners and land use attorneys a 15-18 month head start to submitting plans.

Councilmember Putzova said that she would prefer to stay the proceedings and have a Major Plan Amendment.

Ms. Dechter then continued the presentation:

CHANGES TO MAJOR PLAN AMENDMENT CRITERIA
1a. No change
1b. Minor to Major
1c. Uncertain
1d. Major to Minor

Councilmember Putzova said that it was mentioned on the slide re policies and goals that only the City could initiate a Major Plan Amendment, and that triggered a question of whether they should make it that all Major Plan Amendments could only be proposed by the City, because of their nature, or if that is already built into the changes. Ms. Dechter said that currently the research she has done shows that is the intent of the legislation; this provides the opportunity for the property owner to apply. She is not sure that is something they could or could not do. Mayor Nabours suggested that they receive a legal opinion on whether that would be possible.

Betsy McKellar, Flagstaff, then addressed the Council stating that the original Regional Plan had a very simple list of what required a Major Plan Amendment. She said that they are getting more and more specific, and losing the meaning of what a Major Plan Amendment is.

Mayor Nabours asked Ms. McKellar if she thought that changes to the process should be a Major Plan Amendment. Ms. McKellar said that the Urban Growth Boundary and map were the two things that the Committee sweated over for four years. To make it so much easier to change the map is changing the mixture; she thinks they need to step back from that.

Vice Mayor Barotz asked Ms. McKellar, in looking at the green/blue chart, if she felt the existing language about the urban growth boundary utility analysis was clear. Ms. McKellar said that she did not.

Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to continue the Public Hearing to the September 20, 2016, Regular Council Meeting.

Vote: 7 - 0 - Unanimously

Business Retention & Expansion Manager John Saltonstall reviewed the following PowerPoint presentation, noting that the new Plant Manager from Nestle-Purina PetCare. Casey Hansen. was present:

BACKGROUND
PERFORMANCE MEASURES
     Dedicate Right of Way for FUTS
     Implementation of Phases I and II of the Odor Mitigation Plan

FUTS MAP
     740 feet in length - average cost to construction is $400,000/mile, or $75/foot - estimated at $55,000 to be done by the City within ten years

STACK DIAGRAM MAP Phase I
     Reduced model ground level odor by 35%
     After installed within 60 days - new study to ensure that they have hit the 35%

PHASE II
     Exhaust from driers put into taller stacks

FOURTH AMENDMENT BY NUMBERS
$800,000 property tax savings by Nestle-Purina PetCare
$1.1 million capital investment by Nestle-Purina PetCare
$90,000 dedication of land for FUTS
$100,000 in testing by Nestle-Purina PetCare
$2.72 million in additional energy costs by Nestle-Purina PetCare
$54 million estimated annual economic impact of Nestle-Purina PetCare in community

FOURTH AMENDMENT BY DATES
On or before 4/30/17 Phase I will be completed
10/15/17 Development Agreement is terminated
On or before 6/30/18, Phase II will be completed
On or before 10/15/2020 City staff and Nestle-Purina PetCare will review project

REIMBURSEMENT
In the event that Nestle-Purina PetCare does not hit the 50% reduction they will reimburse, but this only applies if Phase I and II are implemented and it is less than 50%.

Mr. Hansen said that he had nothing to add; Mr. Saltonstall did a nice job of summarizing. Councilmember Putzova thanked everyone on both sides for working hard to come to some resolution.

Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to read Ordinance No. 2016-32 by title only for the final time, noting that the Fourth Amendment to be considered was the one distributed and presented this evening.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AUTHORIZING THE CITY OF FLAGSTAFF TO ENTER INTO A FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT WITH NESTLE PURINA PETCARE COMPANY, AND EXTENDING THE UNDERLYING LEASE UNTIL OCTOBER 15, 2017; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE

Moved by Vice Mayor Celia Barotz, seconded by Mayor Jerry Nabours to amend Paragraph 7 of Exhibit 7 to clarify that the City must construct the FUTS trail within the easement area within ten years.

Vote: 7 - 0 - Unanimously

Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to adopt Ordinance No. 2016-32 as amended.

Vote: 7 - 0 - Unanimously

Fire Marshal Patrick Staskey said that this has been a joint project between Fire, the City Attorney, Community Development, Engineering and Building to bring this proposal to Council for their adoption. He said that the purpose of adopting the 2012 International Fire Code (IFC) is to bring it current to what is being used elsewhere around the state. They are currently using the 2006 IFC; the Building Department and the State Fire Marshal is using the 2012 International Building Code (IBC). He said that their goal is to bring the IFC and the IBC forward together in the future for any changes. Mr. Staskey said that by adopting the 2012 IFC there will be more consistency between the codes.

Mr. Staskey was asked for a review of the differences between the 2012 and the 2015 (the newest Code). Mr. Staskey said that he has not studied much of the 2015 because the State and other agencies are all using the 2012 IFC.

Mayor Nabours said that in reading some of the amendments, it was not clear what the current code is and what the changes are. He asked about the differences regarding dead ends and turnarounds. He said that it would be helpful to have a table showing the current code, what is being proposed, and whether there is a choice in adopting the amendment.

Mayor Nabours asked what outreach has been done with the proposed amendments. Mr. Staskey said that he presented to the Northern Arizona Builders Association and the fire protection alarm contractors. Mayor Nabours said that he is more concerned with the business community.

After further discussion staff was asked to provide a table showing the differences. Councilmember Evans said that she would also like to know the ramification of not adopting the new code or any of the amendments.

Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to postpone first reading of the ordinances for two weeks.

Vote: 6 - 1

NAY:

Councilmember Scott Overton

Mayor Nabours presented a map to delinate where the property was located. He said that the Flagstaff Housing Authority has been looking at this parcel as a place to work with a partner who does low cost housing on a tax credit basis. The concern came up recently that there may be problems with using the property since it is part of Thorpe Park. He would like to have it on an agenda to get that question answered.

Consensus of Council was to move this item forward to a future agenda.

Mayor Nabours said that Housing Solutions had built a new triplex, consisting of three apartments, as low-cost rentals, but they had to buy four water meters, one for each unit and one for the outside landscaping. He said that those meters are about $8,000 a piece. They could have been easily served by one meter and one water line, but the City's current policy says they have to have their own line and own meter.

He said that Council received a CCR on the City's requirements and he understands that staff does not want to get into monitoring water meters in case one has to be turned off. He said that if they are trying to reduce the cost of housing, then why would they add the high cost of water connections when they do not have to.

Consensus of Council was to move this item forward to a future agenda.

Councilmember Putzova asked for a F.A.I.R. item re a possible resolution to express solidarity with the Standing Rock Sioux, as Flagstraff is a city located on Indian land and they understand the importance.

Councilmember Evans asked that Council review the information submitted by Wildwood, if they have not already. She has asked Mr. Copley to get this on as a future F.A.I.R. item. She said that it not only affects them but the Kit Carson Trailer Park. She suggested that it would be advantageous for Stormwater to do a community meeting at their location.

Councilmember Evans asked for an update on the Leroux Street disabled parking issue.

Councilmember Oravits asked for information, perhaps from Economic Vitality or ECoNA, on population data. They hear that Flagstaff is around 70,000 people. He would specifically like to know the number of NAU students. He believes that within that number there is a population not being included.  He would like to know the numbers within the FMPO and the estimated population with visitors.

Mayor Nabours asked for a F.A.I.R. item to consider a resolution joining in and supporting the Northern Arizona Military Advocacy Council.