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Minutes for City Council Meeting - FINAL

CITY COUNCIL REGULAR MEETING
TUESDAY, FEBRUARY 21, 2017
COUNCIL CHAMBERS
211 WEST ASPEN
4:30 P.M. AND 6:00 P.M.
 
1.
CALL TO ORDER

Mayor Evans called the meeting of the Flagstaff City Council held February 21, 2017, to order at 4:30 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 EVANS
VICE MAYOR WHELAN
COUNCILMEMBER BAROTZ
COUNCILMEMBER MCCARTHY
COUNCILMEMBER ODEGAARD
COUNCILMEMBER OVERTON
COUNCILMEMBER PUTZOVA
ABSENT:

NONE






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 Councilmember Odegaard 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 for all.
 
4.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
 
A.
Consideration and Approval of Minutes:  City Council Regular Council Meeting of January 17, 2017, and February 7, 2017.
Councilmember McCarthy requested a change to the first paragraph on page six of the January 17, 2017 minutes. He requested that the sentance read "It was agreed, although not made part of the motion, that in order to move a F.A.I.R. item to an earlier date on the calendar, it would require the agreement of four Councilmembers."
 

Moved by Councilmember Eva Putzova, seconded by Councilmember Scott Overton to approve the minutes of the City Council Regular Council Meeting of January 17, 2017, and February 7, 2017 as amended.

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.
Karin Eberhard addressed the Council and invited them to attend the Flagstaff Community STEM Celebration on March 6, 2017 from 5:30 p.m. to 7:30 p.m. at Walkup Skydome.
 
6.
PROCLAMATIONS AND RECOGNITIONS

None
 
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).
 
A.
Consideration of Appointments:  Tourism Commission.
 

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Scott Overton to appoint Lynda Fleischer to the Tourism Commission, term to expire January 2020.

Vote: 7 - 0 - Unanimously

 

Moved by Councilmember Eva Putzova, seconded by Councilmember Scott Overton to appoint Caleb Schiff to the Tourism Commission, term to expire January 2020.

Vote: 7 - 0 - Unanimously

 

Moved by Councilmember Celia Barotz, seconded by Councilmember Eva Putzova to appoint Joe O'Donnell to the Tourism Commission, term to expire January 2020.

Vote: 7 - 0 - Unanimously

 
B.
Consideration of Appointments:  Disability Awareness Commission.
 

Moved by Councilmember Eva Putzova, seconded by Councilmember Celia Barotz to appoint Christina Leland to the Commission on Disability Awareness, term to expire March 2020.

Vote: 7 - 0 - Unanimously

 

Moved by Councilmember Celia Barotz, seconded by Councilmember Scott Overton to appoint Russell Randall to the Commission on Disability Awareness, term to expire March 2020.

Vote: 7 - 0 - Unanimously

 

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Eva Putzova to appoint Suzanne Motsinger to the Commission on Disability Awareness, term to expire March 2020.

Vote: 7 - 0 - Unanimously

 

Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan to appoint Kevin Parkes to the Commission on Disability Awareness, term to expire March 2020.

Vote: 7 - 0 - Unanimously

Councilmember Barotz stated that she recently requested a FAIR item to consider changing the name of the commission to something more appropriate.
 
C.
Consideration of Appointments:  Parks and Recreation Commission.
Vice Mayor Whelan stated that she met with both applicants and while Mr. Behrens was not selected she hopes he continues to apply to come on to one of the City's commissions. She stated that she is very impressed with the applicants for the City's various boards and commissions.
 

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Scott Overton to appoint Cody Gerhart to the Parks and Recreation Commission, term to expire August 2018.

Vote: 7 - 0 - Unanimously

 
8.
LIQUOR LICENSE PUBLIC HEARINGS
Vice Mayor Whelan asked how the multiple licenses at Collins would work. Sergeant Gregory Jay with the Flagstaff Police Department stated that Collins currently has a series 06 license that is expiring in May 2017. Mr. Choi acquired an additional series 06 license on the private market from the recently closed Maloney's. Under state law a business can hold multiple quota licenses but they have to be activated under certain time frames or they revert back to the State. Collins will activate and rotate each license for six months at a time so they do not revert back to the State. The operations will remain the same as they are now.
 

Moved by Councilmember Scott Overton, seconded by Vice Mayor Jamie Whelan to forward all three applications to the State with a recommendation of approval.

Vote: 7 - 0 - Unanimously

 
A.
Consideration and Action on Liquor License Application:  Stephen Buysse, "Famous Pizza & Beer", 104 E. Route 66, Series 12 (restaurant), New License.
 
B.
Consideration and Action on Liquor License Application:  Jeffrey Miller, "Collins Irish Pub & Eatery", 2 N. Leroux St., Series 06 (bar - all spirituous liquor), Person and Location Transfer.
 
C.
Consideration and Action on Liquor License Application:  Mark Russell, "Oregano's Pizza Bistro", 980 Country Club Drive, Series 12 (restaurant), 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 Eva Putzova, seconded by Councilmember Scott Overton to approve Consent Items 9A and 9B as presented.

Vote: 7 - 0 - Unanimously

 
A.
Consideration and Approval of Street Closure(s):  Flagstaff Earth Day 2017
Approve the street closure at Aspen Avenue between San Francisco Street and Leroux Street on Saturday, April 22, 2017, from 7:00 a.m. to 4:00 p.m.
 
B.
Consideration and Approval of Purchase Agreement:  Purchase and Sale Agreement between the City of Flagstaff and FMH Enterprises, LLC for right-of-way acquisition along Humphreys Street (across from Wheeler Park, adjacent to future Marriott Residence Inn).
Approve the Purchase Agreement.
 
10.
ROUTINE ITEMS

None
 
RECESS
The 4:30 p.m. portion of the February 21, 2017, Council meeting recessed at 4:44 p.m.

6:00 P.M. MEETING
RECONVENE
The Regular Meeting of February 21, 2017, was reconvened at 6:00 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
ABSENT:

NONE






Others present: City Manager Josh Copley and City Attorney Sterling Solomon.
 
12.
PUBLIC PARTICIPATION

None
 
13.
CARRY OVER ITEMS FROM THE 4:30 P.M. AGENDA

None
 
14.
PUBLIC HEARING ITEMS

None
 
15.
REGULAR AGENDA
 
A.
Discussion/Action: Current Issues Before Arizona Legislature and Federal Issues
Mr. Copley provided a PowerPoint presentation that covered the following:

FEDERAL UPDATE

With regards to the Veterans Home Mr. Copley reported that the Arizona Department of Veterans Affairs has said that everything needed at the state level has been done and the next step is to work with the Federal Government. During the Council's Washington D.C. trip they will be meeting with various people and agencies to continue lobbying for the project.

He also reported that the President is working on a revised Executive Order regarding immigration. It is believed that some of the countries that may be identified in the revised order will include Iran, Iraq, Syria, Somalia, Yemen, Sudan and Libya. Currently, there is no information but staff will update the Council as information becomes available.

HOUSE BILLS
HB2121 - IMMIGRATION
HB2086 - MUNICIPAL IDENTIFICATION CARDS
HB2213 - GPLET REFORM
HB2116 - REZONING PROTESTS
HB2124 - MINIMUM WAGE

Councilmember Barotz stated that HB2124 is the same legislation that was passed previously and was found to be unconstitutional; she asked how the bill relates to the Supreme Court case and Proposition 206. Mr. Copley stated that he believes it is an attempt to restrict cities from establishing minimum wages. Just because it is an issue currently before the courts or previous found to be unconstitutional does not mean a bill cannot drop.

SENATE BILLS
SB1487 - WITHHOLDING OF STATE SHARED REVENUES
SB1423 - REPEAL OF SB1070
SB1243 - WEAPONS IN PUBLIC PLACES
SB1090 - HURF EXPENDITURES

ADDITIONAL ITEMS

Councilmember Barotz reported that the bill from the Contractors Association that requires cities to go out for bid on any project over $25,000 is going nowhere.
 
16.
DISCUSSION ITEMS
 
A.
Overview of City of Flagstaff Housing Programs and Services
Housing Director Sarah Darr provided a PowerPoint presentation that covered the following:
CITY OF FLAGSTAFF AFFORDABLE HOUSING OVERVIEW
OUTLINE FOR TONIGHT
INTRODUCTIONS OF FHA BOARD AND HOUSING MANAGEMENT STAFF
CITY OF FLAGSTAFF HOUSING AUTHORITY BOARD
A TOUCH OF HISTORY
NUMBERS
MORE NUMBERS
HOUSING SECTION STAFFING 26.5 POSITIONS
HOUSING SPEAK
AFFORDABLE HOUSING 101
WHAT DO YOU THINK OF WHEN YOU HEAR THE WORDS AFFORDABLE HOUSING?
WHAT IS AFFORDABLE HOUSING?
SO…WHO IS INTERESTED IN LIVING IN AFFORDABLE HOUSING?
WHY IS AFFORDABLE HOUSING IMPORTANT?
IT’S ALL RELATIVE

Councilmember Putzova asked how household is defined. Ms. Darr explained that the definition of household and family are often interchangeable but the definition is all individuals living under one roof. There is no relationship requirements but they do determine how many children are living within the household. Councilmember Putzova stated that by definition a house can be affordable for three unrelated individuals but it is not the type of accommodation that is preferred but chosen out of necessity; because of this the combined incomes move many households into a disqualified status.

Ms. Darr continued the presentation.

BUT ISN’T ALL HOUSING AFFORDABLE IF YOU MAKE ENOUGH MONEY?
BASIC HOUSING CONTINUUM
AREA MEDIAN INCOME (AMI) AND INCOME LIMITS
WHY ARE MOST EFFORTS FOCUSED ON LOW-INCOME HOUSEHOLDS?
A FEW ITEMS TO REMEMBER
YES, BUT HOW?
RENTAL HOUSING
OWNERSHIP HOUSING
SUBSIDY RECAPTURE EXAMPLE: DOWN PAYMENT/CLOSING COST LOANS
I UNDERSTAND FORGIVEN OR RECAPTURED BUT WHAT DO YOU MEAN BY
“RETAINED” AND WHY WOULD YOU DO IT?
PERMANENT AFFORDABILITY TOOLS
TAX CREDIT 101
WHAT ABOUT OTHER FUNDING SOURCES?
FEDERAL
STATE
LOCAL
EMPLOYERS
CITY OF FLAGSTAFF HOUSING PROGRAMS
PUBLIC HOUSING – 265 UNITS
BRANNEN HOMES
SILAR HOMES
SCATTERED SITES
PUBLIC HOUSING MAINTENANCE
PUBLIC HOUSING FUNDING
CLARK HOMES – 80 UNITS
VOUCHER PROGRAMS
SECTION 8 HOUSING CHOICE VOUCHERS
VETERANS AFFAIRS SUPPORTIVE HOUSING (VASH)
VOUCHER PROGRAM FUNDING
 
Mayor Evans asked for the number of people on waiting lists for housing and Section 8 assistance. Ms. Darr explained that she does not have those numbers readily available but will provide them in a CCR to Council. She offered that there was a recent article in the Daily Sun and the numbers that were reported in the article were accurate. Mayor Evans asked if there are people who lose their vouchers because they are unable to find qualified housing. Ms. Darr stated that there are people who do lose their vouchers but the numbers are much smaller than she had anticipated; she will include that information in the CCR as well.

Ms. Darr continued.

SRO FOR SMI – 12 UNITS
CDBG
AFFORDABLE HOUSING PLANNING
INCENTIVE POLICY FOR AFFORDABLE HOUSING (IPAH)
OWNER OCCUPIED HOUSING REHABILITATION
PERMANENT AFFORDABILITY
OTHER PROGRAM ELEMENTS
CLOSING THOUGHTS

Vice Mayor Whelan stated that there is a vast spectrum of things the Flagstaff Housing Authority does with only 26.5 people, a bulk of which is maintenance staff. As a Council they want to go in the direction of supporting more affordable housing through various programs; she asked what kind of stresses that will place on the existing staff and program. Ms. Darr stated that she has heard the Council and is aware of the desires. Through the budget process the Housing Authority has turned in a number of requests and they are structured in a way that indicates if Council decides this then the program needs this; hopefully that provides the necessary information for Council to determine what direction they want to go.

Councilmember Barotz offered that the Council has discussed looking at the zoning code and those regulations to better promote affordable housing; she does not feel that the City will get the results desired simply by changing the code. The community is yearning for bigger solutions and the Council should focus on those. Councilmember Putzova stated that if Council can set some clear and distinct goals such as doubling the number of affordable units with an equal amount being rentals in five or ten years staff can provide proposals on how to accomplish that. The Council needs to agree on direction that seems reasonable and attainable then staff can put the proposals and costs together for evaluation and direction.

Councilmember Overton asked about the large employer forum on workforce housing. Ms. Darr stated that ECoNA has taken over the forum and they recently conducted an employer survey to identify the needs per employer; they are not quite ready to release the data because the consultant has not quite finished. Councilmember Overton offered that employers have much more flexibility in the housing situation for their employees and can accomplish things much more quickly. Ms. Darr explained that the Housing staff has a lot of education about Employer Housing Assistance, the many options available and are able to provide technical assistance to help employers run their programs.

Mayor Evans expressed interest in creating a user forum that is made up of people who live in Section 8 housing to have a conversation about the challenges that they have experienced to get a better idea of the issues and identify what is really needed in the community.

Councilmember McCarthy stated that he believes there is a place for government programs but there is also a place for the open market to help with the problem of expensive housing. It seems that for new housing the costs of land or infrastructure pushes the price up.

Councilmember Putzova indicated that there needs to be a discussion on what the goal is and how to accomplish it. She again proposed doubling the affordable housing stock. Councilmember McCarthy asked if the number of units is doubled if the funding from the federal and state government also increase. Ms. Darr explained that HUD funding is not available to increase but there may be some other ways to increase funding. Funding sources for housing are layered with each other to accomplish single tasks.

Mr. Copley stated that the conversation is helpful in better understanding the Council's goal of affordable housing. Staff can begin putting together a plan on how the City might be able to achieve the goal of affordable housing and what it will take to get there. This will be brought back to Council for further refinement and approval.

Councilmember Odegaard offered that it is important to think big and begin planning and preparing now; the goal may not be accomplished while this Council is here but at some point it will happen and Council needs to start the pathway for success.

Mayor Evans offered that the City can double the number of units and if there are other partners who want to help achieve that goal then bring them in. The timeline should be short while there is a Council who is interested in moving forward.
 
17.
COUNCIL LIAISON REPORTS

None
 
18.
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 Councilmember Putzova to place on a future agenda a discussion on the use of reclaimed water for non-recreational purposes.
Councilmember Putzova indicated that one of the Council goals is to focus on water and water conservation. She would like for Council to have a discussion about the need to replace potable water when there is no need for it. The discussion would include the need to adjust building codes, what that would mean for future construction and capital investment planning for Utilities.

Councilmember McCarthy stated that he is in favor of the item but suggested a broader discussion to include the long term direct and indirect reuse of potable water. Investment into infrastructure to distribute reclaim water may get in the way of direct and indirect use of potable water.

Mr. Copley offered that staff has been asked to include this topic in their presentation and discussion at next week's Work Session.
 
B.
Future Agenda Item Request (F.A.I.R.): A request by Vice Mayor Whelan to place on a future agenda discussion of the use and design of Wheeler Park.
Councilmember Whelan offered that over the years Wheeler Park has been used in many ways over and over again. City staff does a great job taking care of the park but because of the different uses, which will grow as the City increases tourism, it is important to start looking at the use for a more sustainable and user friendly park. Included in that is the parking around the park and how the City is using the parking lot. There is interest from NAU and ASU to provide input and ideas and she suggested a possible design contest.

Mayor Evans stated that she is very interested in having the discussion also. She requested that the Parks and Recreation Commission and the Downtown Business Alliance be brought in to provide input as well. Also suggested was the Beautification and Public Art Commission and the Sustainability Commission.
 
19.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
Councilmember McCarthy requested information about the upcoming D.C. trip and suggested meeting prior to the trip to set and discuss priorities and things that will need to be discussed while there. Mr. Copley stated that staff is putting together a briefing package and that will be presented at a public meeting. This information and priority setting will be forthcoming in the next few weeks. Mayor Evans suggested providing the new Councilmembers with packet from last year for their review.

Councilmember Odegaard stated that he went to the STEM celebration last year and it was a great event and highly recommends attending. He added that parking can be a challenge so get there early.

Councilmember Odegaard also reported that he attended the Audit Committee meeting and he wanted to take a moment to recognize City staff for their work with the auditors. The auditors spent much more time than anticipated digging into things and getting good background information that will aid them in years to come.

Councilmember Whelan offered that the rebranding with NACASA and North Country has been excellent, they have done a great job putting the victim first and creating a space that is as kind and nurturing as it can be.

Councilmember Whelan also reported that she went to her first NAMWUA meeting and has been appointed as the new Vice-Chair. NAMWUA is looking at a study that will look at the non-indian agricultural water to give information to determine whether or not to ask for some water rights. The study will cost around $60,000 and that will be split among all the participating cities as well as applying for various grants.

Councilmember Barotz asked about the Arizona Corporation Commission comment period. Deputy City Manager Shane Dille explained that staff has offered some dates to the Commission but they have not met yet to decide on the date. He will keep Council informed as more information becomes available.

Councilmember Barotz also reported that the FMPO meeting was good and a lot of stakeholders were present. It was emphasized that all of the stakeholders need to speak with a unified voice. She suggested checking in with the FMPO while formulating the legislative agenda and messaging for the lobbying trip.

Councilmember Overton reported that NAIPTA has started to discuss the County Taxi Voucher Program and the services being provided outside the NAIPTA service area. It is something that needs to be addressed soon; the service may or may not change but structurally there is some work to do to fix a well utilized program but one that is outside the service boundary.

Councilmember Overton also reported that County Supervisor Art Babbott has extended an invitation to the City to participate in a transportation meeting he is facilitating with all the stakeholders of snow play to discuss traffic issues and necessary solutions. These will be difficult discussions with hard items and big ticket projects. It will be a focused effort on tackling the issues. Mr. Copley stated that City staff will be attending the meeting. There has been enough direction from Council on the issue and staff has already began attending State Transportation meetings with a passionate voice to pay attention to northern Arizona. Mayor Evans asked for Mr. Copley to check in with Supervisor Babbott regarding the costs associated with the meeting and suggest the City help with those costs if possible.

Councilmember Putzova commented on the NAIPTA meeting as well and explained that the service allows people who are not able to use public transportation the ability to get to and from Flagstaff; many of these people cannot afford transportation or do not have cars. There are currently about 70 users of the program but the cost to NAIPTA is difficult to sustain. It was a good meeting and very educational about the issues.

Mayor Evans stated that she would like to try and schedule a meeting with the City's state delegation to discuss City issues and priorities. She also asked the status of the joint City/Hopi meeting. Mr. Copley explained that Assistant to the City Manager Gail Jackson is working on getting a meeting scheduled with the Hopi and should have a date set very soon. Mayor Evans indicated that she would like to have a similar meeting with the Navajo Tribe.

Councilmember Odegaard stated that there will be an opening on the State Transportation Board in the next two years and it would be great if a representative from northern Arizona could get the open seat.

Councilmember Whelan asked if there is any information on the Title 15 amendment. Mr. Solomon stated that there will be an Executive Session next week to discuss the issue. Mr. Copley added that he is aware that the community is waiting for information and staff will be providing a press release later in the week identifying and outlining the timelines. There will not be a lot of information but what is available will be put out.
 
20.
ADJOURNMENT
The Regular Meeting of the Flagstaff City Council held February 21, 2017, adjourned at 8:32 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 February 21, 2017. I further certify that the Meeting was duly called and held and that a quorum was present.
 
DATED this 7th day of March, 2017.           
  ________________________________
CITY CLERK