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Minutes for City Council Meeting - FINAL (2)

CITY COUNCIL REGULAR MEETING
TUESDAY, DECEMBER 20, 2016
COUNCIL CHAMBERS
211 WEST ASPEN
4:00 P.M. AND 6:00 P.M.
 
 
1.
CALL TO ORDER

Mayor Nabours called the meeting of December 20, 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
NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means.
PRESENT

MAYOR NABOURS
VICE MAYOR BAROTZ
COUNCILMEMBER EVANS
COUNCILMEMBER OVERTON
COUNCILMEMBER PUTZOVA
ABSENT:

COUNCILMEMBER BREWSTER
COUNCILMEMBER ORAVITS




Others present: City Manager Josh Copley and 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

None
 
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
 
6.
PROCLAMATIONS AND RECOGNITIONS
At this time, Mayor Nabours invited Stephanie Smith forward to be recognized for her service to the City of Flagstaff as she had taken a position with Northern Arizona University. Councilmembers thanked her for her dedication to the City.
 
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).

None
 
8.
LIQUOR LICENSE PUBLIC HEARINGS
 
A.
Consideration and Action on Liquor License Application:  Danny Thomas, "La Vetta", 103 N. Leroux St., Series 12 (restaurant), New License.
Mayor Nabours opened the Public Hearing on the liquor license application for La Vetta. There being no public input, the Public Hearing was closed.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Coral Evans to forward to the State a recommendation for approval.

Vote: 5 - 0 - Unanimously

 
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.
 
A.
Consideration and Approval of Contract Amendment:  Amendment One to Independent Contract Agreement (ICA) with Salt River Project (SRP) for the Upper Lake Mary Watershed (ULM) Monitoring Project.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Celia Barotz to approve the ICA Amendment Number One with SRP to include scope of work (schedule A) proposals for the following: 1) three (3) SRP Snow Precipitation Gauge Stations & six (6) months of operation & maintenance $41,621.00, 2) six (6) pressure transducers added to SRP Flowtography locations and operation of all existing and new equipment $67,284.00, 3) addition of one new ULM sub-watershed equipped with SRP Flowtography Station and pressure transducer $15,448.00, 4) operation and maintenance of the Newman Canyon Flowtography Station for FY17 $10,465.00 and 5) to rescind the Proposal for SRP Flowtography Station at Upper Lake Mary Dam for a total amount inFY17 of $134,818.00.

Vote: 5 - 0 - Unanimously

 
10.
ROUTINE ITEMS
 
A.
Consideration and Approval of Construction Manager at Risk (CMAR) Contract: Design Phase Services with Fann Contracting, Inc.: Runway 3-21 Mill and Overlay  Project.
Senior Project Manager Adam Miele gave a brief background on this project, noting that it consists of pre-construction design services, including generating a Guaranteed Maximum Price (GMP), for the mill and overlay of the runway and improvements to the runway shoulders of Flagstaff Pulliam Airport that is currently under design. The final construction work will include milling of the existing runway, excavation and disposal of existing soils, constructing sub-base, base within the shoulders, seal coating of the blast areas, new asphalt pavements, pavements markings, and signage improvements, and other related work. A seven (7) day runway closure is needed in mid-June, 2017 to complete the improvements.
 
Airport Manager Barney Helmick noted that the runway will close for seven days beginning June 12, 2017; not the entire airport, just the runway. The helicopters will continue to operate. He said that once they have an opportunity to meet with Fann they will schedule public meetings and provide monthly notifications to the media that this is coming.
 

Moved by Mayor Jerry Nabours, seconded by Councilmember Celia Barotz to award the CMAR Design Phase Services contract with Fann Contracting, Inc. in an amount not to exceed $208,224.00, subject to approval by the Federal Aviation Administration (FAA) and Arizona Department of Transportation (ADOT) Multi-Modal Transportation Division; authorize Change Order Authority of $ $20,822.00 (10%) to cover potential costs associated with unanticipated or additional items of work. This change order amount is included in the total not to exceed amount of $208,224.00; and authorize the City Manager to execute the necessary documents.

Vote: 5 - 0 - Unanimously

 
B.
Consideration and Adoption of Resolution No. 2016-40:  A resolution of the City Council of the City of Flagstaff, Coconino County, Arizona, prescribing standards of financial disclosure for local elected officials. (Changing current legislation to be consistent with state law for local elected officials financial disclosure information)
 

Moved by Councilmember Celia Barotz, seconded by Councilmember Coral Evans to read Resolution No. 2016-40 by title only.

Vote: 5 - 0 - Unanimously

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, COCONINO COUNTY, ARIZONA PRESCRIBING STANDARDS OF FINANCIAL DISCLOSURE FOR LOCAL ELECTED OFFICIALS

 

Moved by Councilmember Celia Barotz, seconded by Councilmember Coral Evans to adopt Resolution No. 2016-40.

Vote: 5 - 0 - Unanimously

 
RECESS
Mayor Nabours stated that this would be his last recess. He removed his nameplate, and presented incoming Mayor Evans with flowers, wishing her the best in her new role.

The 4:00 p.m. portion of the December 20, 2016, Regular Council Meeting recessed at 4:28 p.m.
 
SWEARING IN OF NEW MAYOR AND COUNCILMEMBERS (To begin at 5:00 p.m.)
 
FESTIVITIES
Festivities were held in the lobby of Flagstaff City Hall, including
 
SWEARING IN
At 5:33 p.m. Vice Mayor Celia Barotz reconvened the Regular Meeting of December 20, 2016, and recognized the dignitaries present, including past Councilmembers.
 
At this time Presiding Magistrate Thomas Chotena came forward and swore into office Councilmembers Charlie Odegaard, Jim McCarthy, Jamie Whelan and Mayor Coral J. Evans.
 
C.
SELECTION OF VICE MAYOR*
Councilmember Barotz reminded everyone that they had a 76.4% voter turnout. She congratulated her new colleagues and said that she looked forward to working with them.

Councilmember Putzova said that they can do a lot for the community, not just the physical, but the human side as well.

Councilmember McCarthy recognized his wife, who could not be present, as well as his son. He said that he believed there were signs that they will work together and he pledged to listen to the people and try to make as good of a decision as he can. He said that a year from now, not everyone will be happy with him, but he is hoping they can at least respect him.

Councilmember Overton congratulated everyone as well, stating that he looked forward to a good working relationship.

Councilmember Odegaard thanked everyone for coming out as a community, to see the different and diverse backgrounds. He said that it was a positive thing for the Council. He thanked his wife for her support.

Vice Mayor Whelan thanked everyone for coming out on election day and today, and said she was truly honored to represent them. She was excited to sit with all of them, to learn from them and wor together. She then thanked her wife of 23 years.

Mayor Evans thanked City staff, especially Kristie and Meg, and recognized her daughter, Destiney, her brother Dr. Ben Evans, and her father.
 

Moved by Councilmember Celia Barotz, seconded by Councilmember Eva Putzova to nominate Jamie Whelan as Vice Mayor, continuing the tradition of electing the top vote getter in the prior election.

Vote: 7 - 0

 
RECESS

At this time a break was taken from 6:09 p.m. to 6:20 p.m.
6:00 P.M.
RECONVENE

Mayor Evans reconvened the Regular Meeting of December 20, 2016, at 6:24 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
NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means.
PRESENT:

MAYOR EVANS
VICE MAYOR WHELAN
COUNCILMEMBER BAROTZ
COUNCILMEMBER MCCARTHY
COUNCILMEMBER ODEGAARD
COUNCILMEMBER OVERTON
COUNCILMEMBER PUTZOVA
Others present: City Manager Josh Copley and City Attorney Sterling Solomon.
 
12.
PUBLIC PARTICIPATION
The following individuals came forward and addressed the Council:

•Andy Fernandez, Flagstaff, recognized his father who he had recently lost.
•Emily Davalos, Flagstaff, congratulated the new Council and voiced concern with the lack of support over Proposition 414.
•David McCain, Friends of Flagstaff's Future President, congratulated the new Council and said that with new Council comes new opportunities, and he was excited as they all have a value for Flagstaff and a shared interest in making it a better place.
•Ross Altenbaugh, Flagstaff Family Shelters, and Sandy with Catholic Charities, reported that their organizations have come together, recognizing that their community has a fundamental flow in homeless finding services.
•Greg Kovacs, Flagstaff, welcomed the new new Council and asked that they stay away from partisanship and focus on local issues.
•Gloria Valencia, Flagstaff, said that she was very proud of the new Council and she is hoping they will work together and will not be scared to speak up.
 
13.
CARRY OVER ITEMS FROM THE 4:00 P.M. AGENDA

None
 
14.
PUBLIC HEARING ITEMS
 
A.
Public Hearing, Consideration and Adoption of Resolution No. 2016-39:  A resolution of the Flagstaff City Council authorizing an Interim Renewal of Cable License Agreement with NPG Cable, LLC, doing business as Suddenlink (license to use City rights-of-way for cable services/facilities)
Mayor Evans opened the Public Hearing and Senior City Attorney Anja Wendel gave a brief background on the requested interim renewal for the license agreement with Suddenlink.

Councilmember Putzova asked if the license fee could be tied to the level of service. She asked if it would be legal to create an agreement where they would incentivize faster internet. Ms. Wendel said that right now their license fee is 5% of gross revenues. She said that they could explore that with the final agreement.

Councilmember Overton said that they rely on that revenue for the City's budget. He would be leery of reducing that fee because there is a cost to using the City's rights of way. He was comfortable with staying at the 5% and moving the agreement forward.

Vice Mayor Whelan asked Ms. Wendel if there were any drawbacks in going with a four-month extension, or if a longer term was needed. Ms. Wendel said that staff sees this as a band-aid. Their intent is to come back in the next four months and propose a longer term renewal for the licnese.

Councilmember Barotz said that she would request a CCR listing all of the franchise agreements. She said that sometimes there is competition and sometimes there is not.

Ms. Wendel noted that they published a notice of the hearing and did receive one comment from Mike Gibson who asked why they only had Phoenix news channels. She said that they forwarded that request to Suddenlink to respond directly, but the answer is that Flagstaff is in the Phoenix-designated market area and they are not allowed to broadcast the Tucson channels.
 

Moved by Mayor Coral J. Evans, seconded by Councilmember Eva Putzova to read Resolution No. 2016-39 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL AUTHORIZING AN INTERIM RENEWAL OF CABLE LICENSE AGREEMENT WITH NPG CABLE, LLC, DOING BUSINESS AS SUDDENLINK, AND ESTABLISHING AN EFFECTIVE DATE

 

Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to adopt Resolution No. 2016-39.

Vote: 7 - 0 - Unanimously

 
15.
REGULAR AGENDA
 
A.
Selection of Vice Mayor MOVED TO THE 5:00 P.M. PORTION OF THE MEETING
 
RECOMMENDED ACTION:
 
B.
Update on Winter Preparedness for the Upcoming Winter Season
Public Works Director Andy Bertelsen introduced Brian Klimowski with the National Weather Service, who gave an update on the upcoming winter season, which included:

A NORMAL WINTER WILL BRING
WHERE DO WE STAND?
SNOWFALL
TEMPERATURES
STATE OF THE EQUATORIAL PACIFIC
OUTLOOK
THREE MONTH PRECIPITATION OUTLOOK
STORMS DUE THIS WEEK
CHRISTMAS EVE

Public Works Section Director Mike O'Connor then gave a PowerPoint presentation on preparedness which addressed:

STAKEHOLDERS
             Internal meeting held mid-November
             STREETS
                Preparation of equipment
                Ordered and prepared materials and tools
                Cinders, Tire Chains, Plow and Blade Prep, Cinder Spreaders, etc.
                Employment of Temporary employees
 
             PARKS
                Preparation of equipment
                Prepared for Park Right of Way and Parking Lots at all City Parks and Facilities
 
             FACILITIES
                Communicated with roofing contractors for availability
                Fleet
                Inventory of parts
                Repairing of equipment
                Standby on-call schedule for snow operations
 
             SOLID WASTE 
                Solid Waste Vehicle Prep for Winter Conditions

             STORMWATER
                Sandbags available at Thorpe Park sports complex

             CODE ENFORCEMENT
                Educating public on the snow and ice removal ordinance
 
             POLICE DEPARTMENT
                Winter Parking ordinance began November 1
                Officers issued warnings for two weeks to help educate the public
 
             FIRE DEPARTMENT
                Educating public to clear snow away from fire hydrants near their residences
            
             UTILITIES
                Educating public on protecting water lines at their residences
 
             AIRPORT OPERATIONS
                Preparing equipment used for snow operations
            
             NAIPTA
                Preparing equipment used for snow operations
                Coordinating

Councilmember Odegaard asked how much snow falls before the City starts plowing. Mr. O'Connor said that they have two different policies. At three inches or greater they keep adding to trucks, but they do not go into the residential areas under three inches. He said that their Priority Ones are 51% of the roads in town. He said that the Council will be receiving the Snow Manual and it is available online for the public.
 
C.
Cancellation of Meetings/Work Sessions: Regular Meeting of January 3, 2017 (to be replaced by Retreat on same date); and February 14, 2017, and April 25, 2017, Work Sessions due to Budget Retreats being held.
 

Moved by Councilmember Celia Barotz, seconded by Vice Mayor Jamie Whelan to replace the January 3, 2017, regular meeting with a retreat on the same day, and cancel the February 14, 2017, and April 25, 2017, work sessions due to budget retreats being held.

Vote: 7 - 0 - Unanimously

 
16.
DISCUSSION ITEMS
 
A.
Discussion of Agenda Topics for Upcoming Council Retreats
City Manager Josh Copley reviewed a list of items he was suggesting that Council discuss during their upcoming retreats, and asked if there were other items as well.

Councilmember McCarthy requested that they receive a list of the liaison assignments. Councilmember Putzova suggested that they begin that topic with a policy discussion on having Councilmembers and staff sitting on boards and whether there is a conflict of interest.

Councilmember Barotz asked that they also receive a list of the organizations that the City contracts with for services.

Councilmember Odegaard said that he would like to spend the first half hour or so getting to know each other.

Councilmember Putzova agreed, and suggested that they all be held in the Council Chambers.

Vice Mayor Whelan said that she would like to have a discussion on more ways of communicating with the citizens.

Councilmember Barotz said that another issue of concern, without getting into the weeds, are the challenges with the way staff reports are written. She recognized that it was an administrative function, but she had some suggestions on what is working and how to do it better.

Councilmember Putzova said that she would also like to have them hold a discussion on asking others to make presentations before the Council.

Mayor Evans said that she would also like to propose a longer period of time for those speakers needing translation assistance.
 
 
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.
 
A.
Future Agenda Item Request (F.A.I.R.): A request by Vice Mayor Barotz to place on a future agenda a change to the Rules of Procedure to reduce the number of councilmembers required to support an item being placed on a future agenda from four to three.*
Councilmember Barotz said that she would like to have a discussion on this item at a future meeting; consensus was to move it forward.

Mr. Copley said that his intention was to bring this discussion back with others regarding the Rules of Procedure at the January 3, 2017, Retreat.
 
B.
Future Agenda Item Request (F.A.I.R.): A request by Councilmember Putzova to place on a future agenda the repeal of Resolution 2016-37 joining in / supporting the Northern Arizona Military Advocacy Council.
Councilmember Putzova said that the messages that the Council have been receiving shows how misunderstood the resolution was that was previously adopted, and she would like to have a further discussion on it. She said that the prior resolution was too general and did not provide direction for staff or the Council.

Councilmember McCarthy said that he did not know how he would come down on this issue in the end, but he supported having the discussion.

Vice Mayor Whelan said that she needed clarity on the idea of repealing the resolution. What she is hearing is that they could make it stronger, but not repeal it altogether. Mr. Solomon noted that with the way it was on the agenda tonight, the question was only whether or not to repeal it. When they discuss it further, that could be changed.

Councilmember Odegaard said that he was not interested in repealing. It was a hot-topic issue. They received 17 e-mails from the community asking them not to repeal the resolution. He was in favor of adding to a future agenda a discussion on its purpose, and possibly rewriting it, but he did not support its repeal.

Councilmember Overton said that he stood behind the resolution. It states that the partnership was created. He would not be interested in repealing, but would support writing a new resolution to replace it that better articulates its purpose and goals.

The following individuals came forward in support of keeping the resolution in place:

•Julie Pastrick, Greater Flagstaff Regional Chamber of Commerce
•Jeff Hall

Councilmember Putzova said that she would withdraw the request for now, but it is as much about understanding what they will advocate for and will not. She said that she would bring something forward in the future.

Stuart McDaniel came forward and thanked Councilmember Putzova for withdrawing her request. He said that he was part of the group and they were in its infancy. They are working with other advocacy councils across the state.

Councilmember Barotz said that it was not an issue of whether they supported the facilities, but rather the way the resolution was written.
 
C.
Future Agenda Item Request (F.A.I.R.): A request by Councilmember Evans to place on a future agenda the reaffirmation of the City's resolutions speaking to Flagstaff's commitment to diversity, community, and fairness.
Mayor Evans reviewed this request; consensus was to place it on a future agenda.
 
D.
Future Agenda Item Request (F.A.I.R.): A request by Vice Mayor Barotz to place on a future agenda consideration of a resolution opposing the Dakota Access Pipeline.
Councilmember Barotz said that she had made this request before the decision came down from the Federal government, but she still thinks it would be important to have a conversation. Councilmember Putzova said that Wells Fargo was one of the banks funding the pipeline, and she would like the City to think about whether they should be taking action based on how the bank behaves and whether they want to continue holding their funds with Wells Fargo.

Consensus of Council was to move this forward to a future agenda.
 
18.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
Councilmember McCarthy asked for a FA.I.R. item on the minimum wage initiatives recently passed. He said that he supports the City initiative, but he has concerns about the City and State initiatives working together. He would like to have the community come together to discuss this issue further.

Councilmember Putzova said that she was a big supporter of both initiatives. She was happy that 54% passed the local initiative, and she would love to have a discussion to explain to the public what the schedule is, the responsibilities of the businesses, employees, etc.

Mr. Copley said that he had intended on having a discussion related to this issue during the January 19, 2017, Work Session. It was noted that this was a time sensitive issue.
 
19.
ADJOURNMENT
The Regular Meeting of the Flagstaff City Council held December 20, 2016, adjourned at 8:18 p.m.
 
  __________________________________________
MAYOR



________________________________________
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 December 20, 2016. I further certify that the Meeting was duly called and held and that a quorum was present.
 
DATED this 7th day of February, 2017.           
   
  ________________________________
CITY CLERK