TUESDAY, MARCH 21, 2017
COUNCIL CHAMBERS
211 WEST ASPEN
4:30 P.M. AND 6:00 P.M
Mayor Evans called the Regular Meeting of March 21, 2017, to order at 4:30 p.m.
| 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 |
Councilmember Barotz led the audience and Council in the Pledge of Allegiance.
Vice Mayor Whelan 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.
Moved by Councilmember Celia Barotz, seconded by Councilmember Scott Overton test
Vote: 7 - 0 - Unanimously
Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to approve the minutes of the City Council Retreat of January 3, 2017; Special Meeting (Executive Session) of January 10, 2017; Work Session of January 10, 2017; Special Meeting (Executive Session) of January 17, 2017; Work Session of January 31, 2017; Special Meeting (Executive Session) of January 31, 2017; Special Meeting of February 10, 2017; Special Meeting (Executive Session) of February 14, 2017; Special Meeting of February 14, 2017; Special Meeting (Executive Session) of February 28, 2017; Regular Meeting of March 7, 2017; and Special Meeting (Executive Session) of March 14, 2017, as amended.
Vote: 7 - 0 - Unanimously
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
Mr. Kulpinski said that supporting kids is not just the responsibility of the schools; it takes an entire community. He said that they have a new initiative, which is different than others in that they are not bringing in new programs, but rather taking existing programs and determining what works and expanding on it.
He explained that LAUNCH stands for: Learn, Advocate, United, Network, Contribute, Help, and they are focusing on Kindergarten Readiness and Post-secondary enrollment. He said that they are looking to the Council for: 1) a Councilmember to serve on their committee; 2) a staff member to participate in monthly partnership; 3) support for the Arizona Town Hall community meeting which will be held in the fall on Education Funding; and 4) grant opportunities through things such as the U.S. Conference of Mayors.
Ms. Casuga then came forward and thanked the Council for their consideration. She said that Arizona is only at 42% for individuals between the age of 24 and 64 obtaining a post secondary degree; their goal is to increase that to 60%.
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).
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Jim McCarthy to appoint Libby Kalinowski (current member) and Jackie Holm as members to the Open Spaces Commission, terms expiring April 2020.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Vice Mayor Jamie Whelan to forward both applications to the State with recommendations for approval.
Vote: 7 - 0 - Unanimously
All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items.
Mr. Miele added that this project was broken into two phases--prep and actual work. He said that this was the prep work for which they have the funding and the blanks will be filled in when they prepare the Notice of Award and obtain insurance certificates. He said that they will come back to the Council in the future with the final phase once the funding becomes available.
Councilmember Barotz asked if this contract was prepared from scratch or if it was what has been used for other Contract Manager at Risk (CMAR) contracts. Mr. Helmick said that this is a template that has been used for the CMAR projects.
Councilmmember Overton said that on the positive side, this is a good project with a huge federal leverage. He said that the 400 pages of engineering standards were definitely detailed.
Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova to approve the Construction Manager at Risk Contract with Fann Contracting, Inc. in an amount not to exceed $3,731,924 for Guaranteed Maximum Price (GMP) for the Phase One construction scope; authorize Change Order Authority of 10% for GMP in the amount of $373,192 to cover potential costs associated with unanticipated or additional items of work; and authorize the City Manager to execute the necessary documents
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Scott Overton to recess into Executive Session to discussion this item.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Celia Barotz, seconded by Councilmember Jim McCarthy to approve the settlement with Ford Motor Company and allow the City Attorney's office to make grammatical and other formatting corrections.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Resolution No. 2017-10 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL AUTHORIZING AN INTERIM RENEWAL OF CABLE LICENSE AGREEMENT (SECOND) WITH NPG CABLE, LLC, DOING BUSINESS AS SUDDENLINK, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2017-10.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2017-09 by title only for the first time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AMENDING APPENDIX D OF THE 2012 INTERNATIONAL FIRE CODE ADOPTED BY ORDINANCE ON OCTOBER 4, 2016; PROVIDING FOR AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE
Councilmember Odegaard said that he is the Council's liaison on the Audit Committee and it was very impressive. He thanked both staff and the auditors for the hours put into the reports.
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to approve the FY 2016 Comprehensive Annual Finance Report and approve the FY 2016 Single Audit Report.
Vote: 7 - 0 - Unanimously
He said that this is the sixth year that the Wyland Foundation is hosting the Water Conservation Challenge and the goal is to get as many citizens to get registered online to accept the challenge. He said that it coincides with Water Awareness Month (April) and the water conservation staff have planned numerous events throughout the community, with the kick off taking place on April 7 at City Hall as part of the First Friday Art Walk.
He said that business cards have been prepared for Council and members of the public to hand out in an attempt to encourage people to get online and take the pledge.
Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to read Resolution No. 2017-13 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL IN SUPPORT OF THE "WYLAND MAYOR’S CHALLENGE FOR WATER CONSERVATION"
Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to adopt Resolution No. 2017-13.
Vote: 7 - 0 - Unanimously
The Flagstaff City Council recessed the March 21, 2017, Council Meeting from Open Session at 5:24 p.m.
6:00 P.M. MEETING
Mayor Evans reconvened the Regular Meetting of March 21, 2017, at 6:00 p.m.
| 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 |
Councilmember Barotz said that these parcels were included in a listing of properties that came forward in the past with a recommendation for sale. The public came out and did not support selling this property.
Nat White, Flagstaff, then read a statement, copy of which is attached hereto and made a part hereof.
Mayor Evans closed the Public Hearing at this time.
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Eva Putzova to read Ordinance No. 2017-06 by title only for the first time.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2017-07 by title only for the first time.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Eva Putzova to read Resolution No. 2017-08 by title only.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova to adopt Resolution No. 2017-08.
Vote: 7 - 0 - Unanimously
He then began a PowerPoint presentation which addressed:
BUILDING PLACEMENT
ADA PARKING
He said that staff reached out to the Disability Commission. One question they received was whether there was a relationship between width and depth, and the answer was no. The width is always wider, but the depth is the same. There was also a question asked about van accessible spaces. Mr. Kulina explained that while there is a national separate guideline for van-accessible spaces, Flagstaff does not have a separate guideline as all of their spaces are van-accessible.
ACCESSORY DWELLING UNITS
PLACES OF WORSHIP
LOT WIDTH
Mr. Kulina explained that staff had presented two options for lot width; the Commission came up with three, one the third being that they make no change. At the Work Session, Council agreed with the Commission so the draft ordinance does not include amendments; however, he left this item in because it was a public hearing and this would allow any comment on the item.
Councilmember McCarthy made a few recommended changes to some of the wording. Mr. Kulina took those down and will include them in the packet for the second reading and adoption.
Mayor Evans opened the Public Hearing.
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Ordinance No. 2017-10 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 10, THE CITY OF FLAGSTAFF ZONING CODE, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Charlie Odegaard to continue the Public Hearing to the April 4, 2017, Council Meeting.
Vote: 7 - 0 - Unanimously
•Gregg Ensminger
•Nathan Martinez
•Richard Lester
•Paul Deasy
•Ted Garland
•Jesse McGurl
•Monica Attridge
•Mark Monson, President and CEO of CPES
Comments received included:
•Would not violate spirit of Constitution for Council to adopt this ordinance
•Surely the voters that approved Prop. 414 did not perceive nonprofits and businesses needing to shut down
•Even if this is not perfect, it is the best they have available
•If he had to move, he would have no friends, no job, be away from Mom
•Shared pictures and Special Olympics medals
•He is not an attorney, but this is also not a courtroom
•May end up being unconstitutional, but it deserves its day in court
•Honored to have such a responsive Council
•Bridging Flagstaff filed papers last week to organize as a committee
•Will be bringing forward a new initiative to be considered, one that the entire community can get behind; wording has not yet been determined
•On behalf of the disability community, they want to continue to be members of the Flagstaff community
•Need to keep the disabled service providers open; so vital
•Has been involved with Special Olympics for 20 years; has 160 medals
•At Special Olympics he is a Global Ambassador
•People he works with do not want to have to move
•There is a lot more to be said, but she feels they do not believe them; she feels that people do not care
•They are running out of time and they are waiting to see if the Council is going to do anything
•CPES provides development disability services, employing over 1,500 staff
•Between the changes voted in last November in the state and those approved in Flagstaff, it will put Flagstaff on par with the greater San Francisco area
•CPES has continued to receive funding cuts. While they appreciate emergency funding increases, those increases were insufficient. As a result, •CPES will be closing their group home in Flagstaff in the next 30 days, and all the rest of their services in Flagstaff in the next six months.
Gabor Kovacs, Flagstaff, said that after WWII when the Soviets came into Hungary several methods were used to keep the change in line. One tactic was to create a problem when there was not already a problem. It was on top of the misery that the war brought along that the government created more problems until the people asked for help from the government and that is when they instilled Socialism. This whole thing reminds him of this. They had a disaster and the Council had a relatively easy way to get out of it with Elevate Flagstaff's request. Then they had more discussions and they are hearing the citizens groveling to keep 414, except under different terms. He said that it is painful to watch and he pities those who are suffering because of it.
Councilmember Barotz said that she cares and it is painful to be told that they feel the Council does not care. Taking this issue on reflects that they really do care. She said that they cannot project the future. They know what they know now. They have a lot of competing interests and a lot of things to consider.
He said that they had a citizen intiative that passed by 54% and they have to honor that. A body of seven should be overturning that initiative. He does not believe that the proposed amendment furthers the cause and he will be voting against it.
Councilmember McCarthy said that he also cares. He has listened to all sides of the issue and at the very first meeting as a Councilmember he asked that this issue be discussed. He said that the issue of time has been brought up, but if they do not vote on this amendment the wage will go to $12/hour in July. If they approve the amendment, it will be delayed. It is not permanent and they cannot predict if someone will file suit, but they will have given time to let others come up with a solution.
Moved by Councilmember Eva Putzova, seconded by Councilmember Jim McCarthy to postpone this item to May 23, 2017, so Councilmembers have more opportunities to consider their votes.
Vice Mayor Whelan said that they need to make a decision. She said that this challenges them to all come together and listen to the people that elected them. Give them time to craft an ordinance that takes into consideration all individuals in the community. It is not right or wrong--it is fair. When they pass the amendment it will be fair. She said that the fact is that if people did not challenge their Constitution, she could not have gotten married two years ago to someone she has been in a relationship with for 24 years. She said that they are not a legal body; this is about the spirit and, once again, their spirit is being crushed. She wants to vote on this and wants a 7-0 vote. She does not want to postpone it any longer.
Mr. Copley said that the motion was to postpone to May 23, but they have a Special Work Session scheduled for that day--perhaps they could consider May 30 or another date.
Councilmember Overton said that he hears Vice Mayor Whelan, and he understands the position that she feels that challenging the constitutionality is something we should do. Vice Mayor Whelan said that it is something they can do.
Councilmember Overton said that he also has a responsibility, and he has made it very clear for six weeks, what his position was. They, as a legislative body, have to take every bit if information into account. By delaying the inevitable and providing false hope, it is a tremendous risk.
He asked the City Attorney if they could pass the amendment. He said that he has taught a lot of these students in class; he knows them. He understands the ramifications, but he has been as clear as he could be about the hurdle to have a 3/4 vote to pass a questionable amendment. He said that he did not think he was out of line; he did not think he was heard. They can do whatever they want, but there is a consequence to it. The voters spoke in November and the proponents in Prop 414 were clear. He said that with all due respect, he understood Vice Mayor Whelan's plea, and passion, and embrace, but he was not convinced that it will have any satisfaction. It was really unfortunate for the community. They need to deal with this and there is no way he is supporting an amendment. It is not fair to keep coming back.
Mr. Solomon said that those are questions he would not answer on the dais.
Councilmember Putzova then withdrew her motion and Councilmember McCarthy withdrew his second. She then moved to continue action on the item until May 16, 2017; seconded by Councilmember McCarthy.
Vote: 2 - 5
- AYE:
-
Councilmember Eva Putzova
Councilmember Jim McCarthy
Councilmember Odegaard said that they knew this problem was coming since January and they have had people at their meetings since then. He said that he cried when he has heard the stories, but it was a citizens initiative. He believes there is another legal path to take and he does not believe they should delay action.
Vice Mayor Whelan said that she believed that the Constitution allows them to challenge it.
Mayor Evans said that whether or not they believe this should be before Council is moot--it is. She said that they need to look at who is there consistently. Every single time this has been on the agenda, people with disabilities and those serving them have been present, regardless of the late hour, because this is going to impact them.
She said that they hear that most likely there will be a lawsuit. They have been sued in the past nine years for just about anything that they can be sued about--sidewalks, parked cars, people sleeping in parks. They have won some and lost some. She is not advocating to break the Constitution, but she is not a Constitutional law attorney. There are enough questions to have that sent to someone with expertise. Making the amendment does not mean they cannot do anything else; it means that those that will be impacted will have some options.
Mayor Evans said that she realizes that they are not comfortable with the amendment; some of them did not like 414, but she was asking her colleagues on Council to come together and approve the amendment, and it would be impactful to be a 7-0 vote.
Councilmember Putzova said that the voices they are not hearing from enough are the workers and that is because the workers are either working or they are afraid. She said that they are talking about a difference of between $24,000 a year and $30,000 a year. She said that not everyone voted for Prop 414, but 54% of those voting did.
Councilmember Overton said that he still hears conflict that Councilmember Putzova is advocating for one set of values, but she is willing to compromise. Councilmember Putzova said that the provisions in Prop 414 are great, but this is a pathway to minimum wage. Her intent is to bring Flagstaff to a true living wage and this is a path.
Mayor Evans said that it is right that there are competing values; as a community they have competing values. They often have to compromise and what they have with this amendment is a true compromise. Councilmember Overton said that he has never sought perfect legislation. He has been clear that he has standards and once in awhile he still has to recognize those principles. He has been in Flagstaff his whole life, and has represented the community with pride. It is really difficult to represent a community that he knows so well and feel pressured into so many corners. Compromise is not always good. He wants a Council to represent the community well. They have to find a way to quit pitting the interests among one another. He said that he totally disagrees that the Council has a responsibility to bring the workers to a living wage; they have no such responsibility. It is a philosophical difference.
Moved by Councilmember Celia Barotz, seconded by Councilmember Jim McCarthy to read Ordinance No. 2017-08 by title only for the final time.
Vote: 6 - 1
- NAY:
-
Councilmember Charlie Odegaard
Moved by Councilmember Celia Barotz, seconded by Vice Mayor Jamie Whelan to adopt Ordinance No. 2017-08.
Vote: 6 - 1
- NAY:
-
Councilmember Charlie Odegaard
•Gabor Kovacs, opposing the resolution, stating that the voters elected Council to care about the local issues, and said that the resolution was nothing more than political grandstanding.
•Greta Murphy, PhD in Native American Art History and teaches at Northern Arizona University. She wants Flagstaff to be one of those governments that goes off course to say no--they are going to side with Native American people and do the right thing.
•Adam Shimoni, Flagstaff, believes that the resolution does resonate locally, but the bigger issue that he looks forward to is seeing the Council discuss investments, etc.
Councilmember Odegaard said that this is an issue that is 2,000 miles away, but they have a large Native American community here. It is important that Flagstaff says something on this issue, and he would like to add some language that takes into account their own tribal nations.
Councilmember Putzova requested that the last sentence be changed to read "protect" rather than "acknowledge."
Moved by Councilmember Eva Putzova, seconded by Vice Mayor Jamie Whelan to read Resolution No. 2017-12 by title only with a change in Section 3 from acknowledge to protect. After a few questions were asked, Mr. Solomon stated that he would ask that they move into Executive Session to discuss this further.
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Celia Barotz to recess into Executive Session.
Vote: 7 - 0
Councilmember Putzova and Vice Mayor Whelan withdrew their motion and second.
Moved by Councilmember Eva Putzova, seconded by Vice Mayor Jamie Whelan to read Resolution No. 2017-12 by title only with the changes shown on the screen, which were: Section 3. change acknowledge to protect, and add Section 4. The City of Flagstaff recognizes locally many sovereign Tribal Nations. We share and support the sensitivity of Tribal lands and the right to due process
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to amend the motion to leave the wording in Section 3 as originally shown (including acknowledge and not protect) and include Section 4 as presented.
Vote: 4 - 3
- NAY:
-
Councilmember Celia Barotz
Councilmember Eva Putzova
Vice Mayor Jamie Whelan
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA PROCLAIMING THE CITY OF FLAGSTAFF’S SUPPORT FOR THE STANDING ROCK SIOUX TRIBE'S OPPOSITION TO THE CONSTRUCTION OF THE DAKOTA ACCESS PIPELINE
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2017-12.
Vote: 6 - 1
- NAY:
-
Councilmember Scott Overton
Mr. Copley noted that within Arizona there was a proposal by the Arizona Board of Regents to allow the sweeping of the Transaction Privilege Tax (TPT) generated on the universities for use by the universities. He said that while this would be a small hit to the City's budget, they believe that it represents a significant change in policy at the state level and the concern is the sweeping of state shared revenues is a slippery slope.
Consensus of Council was to have a letter sent on behalf of the Mayor and Council in opposition to this legislation.
None
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.
Councilmember McCarthy reported that earlier in the day he had received a phone call from an Arizona representative of Railroad Passengers of America, people that ride Amtrak, and he was amazed to see the number of people that get on and off the trains in Flagstaff. He asked if they could make a presentation and he then requested a Future Agenda Item Request for this item.
Mayor Evans reported on her activities over the past week, which included, a discussion with Lance Roberts re Angel Thunder Operations, discussions with colleagues on upcoming legislative trip, John Stigman with Economic Collaborative of Northern Arizona (ECoNA), Karen Eberhard from the Flagstaff Unified School District re the local elementary school book project; Nation of Patriots. She then thanked the Council for being a part of the Water Challenge and being in the video.
Mr. Copley reminded everyone of the Special Meeting with the Hopi Tribal Council on April 5, and noted that they had their Budget Retreat on April 26 and 27, but they would not have a Work Session on the 25th. Councilmember Putzova said that not that many people pay attention to their budget and she felt strongly that the Tuesday evenings are what people are used to coming to.
Councilmember Barotz said that she had a phone interview with the consultant that ECoNA hired to do the employer-assisted housing survey and she was very frustrated. She felt she was starting from seven years ago in talking with them.
MAYOR
________________________________________
CITY CLERK
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 March 21, 2017. I further certify that the Meeting was duly called and held and that a quorum was present.
DATED this 18th day of April, 2017.
________________________________
CITY CLERK