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Minutes for City Council Work Session - AMENDED

 WORK SESSION
TUESDAY, MAY 9, 2017
COCONINO COUNTY BOARD OF
SUPERVISORS CHAMBERS
219 EAST CHERRY AVENUE
6:00 P.M.
 
WORK SESSION
 
1.
CALL TO ORDER

Mayor Evans called the meeting of May 9, 2017, to order 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).
 
2.
Pledge of Allegiance and Mission Statement

The Council and audience recited the Pledge of Allegiance and Councilmember McCarthy 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.
 
3.
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.
 
4.
Preliminary Review of Draft Agenda for the May 16, 2017, City Council Meeting.*
* Public comment on draft agenda items may be taken under “Review of Draft Agenda Items” later in the meeting, at the discretion of the Mayor. Citizens wishing to speak on agenda items not specifically called out by the City Council for discussion under the second Review section may submit a speaker card for their items of interest to the recording clerk.
Councilmember Putzova asked if there were any changes to the Personnel Handbook since the last version that was presented to Council. Mr. Solomon stated that there are no additional changes to the document.
 
5.
Public Participation

Public Participation enables the public to address the council about items that are not on the prepared agenda. Public Participation appears on the agenda twice, at the beginning and at the end of the work session. You may speak at one or the other, but not both. Anyone wishing to comment at the meeting is asked to fill out a speaker card and submit it to the recording clerk. When the item comes up on the agenda, your name will be called. 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 to have 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.
Charlie Silver addressed Council on behalf of Stand up for Flagstaff which is a non-profit organization working to promote an interpretation of Flagstaff’s Transect Zones. He encouraged Council to pause all permitting for all transect projects until the codes and ambiguity can be addressed and corrected. He also encouraged Council to employ transect zoning professionals to assist in the revision of the Code.

Andy Fernandez addressed Council with concerns about transect zoning.
 
6.
2017 Wildfire Awareness/Preparedness Briefing
 
Wildland Fire Manager Paul Summerfelt introduced Coconino County Emergency Management Director Todd Whitney, Deputy Police Chief Walt Miller and U.S. Forest Service Forest Fire Chief Duane Tewa. Mr. Summerfelt provided a PowerPoint presentation that covered the following:
 
WILDFIRE PREPAREDNESS BRIEFING
FIRE SEASON FACTORS
NATIONAL SIGNIFICANT WILDLAND FIRE POTENTIAL OUTLOOK
PRECIPITATION SINCE OCTOBER 1, 2016
OUR STATUS AND READINESS POSTURE
THE WILDLAND FIRE MANAGEMENT CYCLE
2017 FOCUS AREAS
COLLABORATION & PARTNERSHIPS
TREATMENT MAP
 
Deputy Chief Miller continued the presentation.
 
LAW ENFORCEMENT FIRE PREVENTION PATROLS
PATROL EFFORTS
WOODS WATCH VOLUNTEERS
 
Mr. Whitney continued the presentation.
 
WILDFIRE DEFENSE ORDINANCE
MULTI-JURISDICTION HAZARD MITIGATION PLAN 5 YEAR UPDATE
 
Mr. Tewa continued the presentation.
 
2017 CHIEF’S LETTER OF INTENT
COCONINO NATIONAL FOREST RESTORATION EFFORTS
WILDLAND FIRE DISPATCH
FIRE PREVENTION STRATEGIES
WILDFIRE DETECTION
ENGINES AND CREWS (USFS)
NATIONAL GROUND RESOURCES
NATIONAL AIR RESOURCES
 
Andy Fernandez addressed Council with concerns about forest fires.
 
7.
Discussion:  Street Lighting to Enhance Dark Skies (SLEDS) Status Update
Mayor Evans stated that before staff begins the update the Council needs to go into Executive Session for legal advice.
 

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to recess into Executive Session for legal advice.

Vote: 7 - 0 - Unanimously

The Council reconvened and Traffic Engineer Jeff Bauman presented a PowerPoint presentation that covered the following:
 
SLEDS PROJECT UPDATE
BACKGROUND/HISTORY
HIGHLIGHTS OF RFP – CHALLENGES AND OPPORTUNITIES
 
Vice Mayor Whelan asked the background on why hiring a consultant is the best way to go. Mr. Bauman explained that at the Dark Skies Conference the product that Flagstaff needs does not yet exist, even with all the people and products that were available there was no solution for the unique needs of Flagstaff. Vice Mayor Whelan asked why a change order is needed at this point. Mr. Bauman stated that the project has been a long and challenging one. Flagstaff was fortunate to get some discounted rates because of the notoriety of Flagstaff’s Dark Skies and the consultants really wanted to get in on the project. Staff is requesting an additional 18 months for the project and with more time comes more expense.
 
Councilmember Barotz expressed concern about the impacts and is unsure how the solutions will affect all the facets of dark skies. It is important to understand those various impacts for the options. The solution will likely enhance dark skies in one or more ways but also compromise it in one or more ways.
 
Mr. Bauman continued the presentation.
 
HIGHLIGHTS OF RFP – SLEDS PROJECT DIRECTION
COMPLETED TASKS
TEST FIXTURES – NBA LED
TEST FIXTURE – HLED
 
Councilmember Barotz asked Dr. Fred Verber to offer his perspective relative to hybrid and narrow band amber (NBA) and the impact on dark skies. Dr. Verber stated that the long process is understandably frustrating for Council but is good for the science; technology is rapidly changing and that has played into the length issue as well. Generally speaking, the NBAs are the replacements for the low pressure sodium (LPS); they are not quite as good but unless the City will go completely dark something has to be done. Astronomy would be happy to have the 595 NBA in town. The 80/20 came up because staff wants a higher light on main arterials. One of the issues is that the hybrids give a little color rendition which is good for walkers but not so good for astronomy.
 
Mr. Bauman continued.
 
TEST FIXTURES
SLEDS TEST AREAS MAP
IN PROGRESS TASKS
NEXT STEPS
FINAL STEPS AFTER TESTING
 
Councilmember Barotz stated that it appears that the hybrid LED light adversely impacts sky glow and the observatories; she asked why there will be testing of the lights if it is known that the impact will be negative. Mr. Bauman explained that the hybrid LEDs used in limited areas are actually better for the visible sky glow but not as good as the NBA only for astronomical observations. There is debate if adding color to the lights will benefit safety. Lab tests show a benefit but no real life testing has been done. The lights are dimmable and the hope is to reduce and reduce until a good level is found that will still have the advantages but less impact.
 
8.
Discussion and Direction: An ordinance adopting revisions to Title 13  of Flagstaff City Code entitled "Engineering Design and Construction Standards and Specifications for New Infrastructure."
Development Engineer Gary Miller addressed Council with the proposed revisions to the Engineering Standards. Some of the revisions made were to improve the look and consistency of the standards. The summary sheet includes information on why staff is making the change and the impacts the change will have to businesses and residents as well as developers and the City for ongoing maintenance.
 
Mr. Miller reviewed the 2016 Engineering Standards Revision Summary spreadsheet that was included in the agenda packet and attached hereto.
 
Maury Herman addressed Council stating that the section he wishes to speak to will be presented next week and he will hold his comments until then.
 
Councilmember Barotz requested that staff take into consideration the memo that was submitted by Mr. Herman and incorporate the comments for the next presentation.
 
9.
Discussion and Direction: Updating the name of the Commission on Disability Awareness.
Human Resources Director Shannon Anderson introduced members of the Commission on Disability Awareness, Kaitlyn Verfuerth, Russ Randall, Monica Attridge, Michael Sanderfer, Kevin Parkes and Staff Liaison Denise Thomas. She stated that the purpose of the item is to get direction from Council on if they are interested in updating the name of the commission and expanding the purpose of the commission.
 
Ms Verfuerth stated that the Commission wants to positively advocate for people with different abilities. Being called disabled is not how people want to be referred as and if it is the direction of Council the Commission can look at alternatives and address any concerns.
 
Councilmember Barotz thanked the Commission for attending and said she is interested in hearing what ideas the Commission can come up with and support. She encouraged the Commission to think big when reviewing the current ordinance for possible changes in the purpose of the Commission.
 
Vice Mayor Whelan also thanked the Commission for attending and she would also like for the Commission to look at the scope and purpose laid out in the ordinance and identify any changes in direction. She encouraged the Commission to reach out to the youth of the City for their input as well.
 
10.
Discussion and Direction:  Possible development incentive in the amount of $2,500,000 to assist with the relocation of Soliere Avenue to support Vintage Partners, LLC's commercial development at I-40 and Country Club.
Community Investment Director David McIntire provided a Point Presentation that covered the following:
 
RETAIL TAX DEVELOPMENT INCENTIVE
PUBLIC SUPPORTED ECONOMIC DEVELOPMENT
TRANSACTION PRIVILEGE TAX (TPT) INCENTIVES IN ARIZONA
GENERAL PURPOSE
CONSIDERATIONS
VINTAGE PARTNERS
COUNTRY CLUB – I-40 MAPS
ARS AND REQUIRED FINDINGS
SPECIFIC PROJECT BENEFITS
CONSIDERATIONS
QUESTION
 
Councilmember McCarthy state that the City has it in the Capital Improvements Plan to do something with the road; he asked how much money would be involved to do that. Capital Improvements Engineer Bret Peterson stated that it is about $250,000 for the flooding improvements and the overlay is about $440,000.
 
Mr. McIntire continued.
 
INDIRECT BENEFITS
WRAP UP
CONCLUSION
 
Vice Mayor Whelan asked if the City has participated in this kind of incentive before. Mr. McIntire stated that Aspen at the Sawmill is operating with a tax incentive.
 
Vintage Partners Developer Walter Crutchfield addressed Council stating that Vintage Partners has an agreement to build a Fry’s Marketplace and Hobby Lobby; there will be other smaller retail establishments throughout the development. It is important to know that this is not the out-of-town developer that is looking for something for free; they are coming to the table with an offer of improvement. Vintage Partners has a proven track record of being good partners with the City. The reason this incentive is being asked for is because when dealing with an 80 acre floodplain and the Fanning Wash issues, the only way to get the value out of the site is to obtain the zoning and mitigate the floodplain and there is a massive cost associated with it. Additionally, there is an opportunity to give 36-40 acres to the City as open space.
 
Mr. Crutchfield provided a PowerPoint Presentation that covered the following:
 
DISC GOLF COURSE RENDERINGS
 
The following individuals addressed Council in support of the incentive:
  • Pastor Daniel Williamson
  • Stuart McDaniel, on behalf of the Flagstaff Chamber of Commerce
The following comments were received:
  • The property has been an eyesore for years and now in the hands of someone who knows what is important to Flagstaff it can be a great benefit.
  • The Developer has done its due diligence in finding out what elements are important to Flagstaff.
  • Flagstaff has always been forward and progressive but with this tax incentive it seems far behind.
  • Strongly urge Council to approve the incentive.
  • Vintage is the epitomy of a responsible developer.
  • The incentive is critical for expanding the tax base and increasing job opportunity.
  • The development will be welcomed in the community.
Andy Fernandez addressed Council in opposition to the incentive.
 
A written comment card in opposition to the incentive was received from Wm. Michael Wilson.
 
Councilmember Odegaard stated that the City needs to be equitable and he is not sure that the incentive is equitable to existing businesses. He feels that it is not appropriate to ask the City for a $2.5 million dollar tax break. He hopes that the project can still move forward, perhaps on a smaller scale, but he will not be in favor of moving forward with the incentive.
 
Mayor Evans stated that she believes development should pay for itself and should address the needs and character of the community. She feels that this development does those things. Flagstaff needs other opportunities for grocery stores. With this incentive the City has the opportunity to free up $430,000 to put towards other transportation issues. This offer brings a lot to the table; it fixes Soliere, it addresses flooding issues and provides open space.
 
Councilmember McCarthy offered that the decision is not straight forward. In this case, he does not think development would happen if the City does not do something. With the development there will be new revenue to the City and staff stated that the City will save almost half a million dollars with repairs to Soliere. He is supportive of moving forward with the incentive.
 
Councilmember Putzova stated that she will not be supportive of the incentive. This tool is supposed to induce economic development in areas beneficial to communities to prevent leakage. Neither Frys or Hobby Lobby will prevent leakage but rather result in capitalization. The open space that has been identified has never been identified in any plan as an area the City wants to pursue as an extension of open space. Additionally, she does not believe that the constituents in Flagstaff would be happy or supportive of bringing Hobby Lobby into the community based on their practices around women’s access to contraception.
 
Councilmember Barotz stated that she is strongly opposed to all of these types of agreements. She is skeptical that the net benefit that will be as anticipated and she is concerned that the City will be taking tax dollars from the small businesses to give to their competitors. She is not supportive of moving this forward.
 
A majority of Council was not interested in moving this forward.
 
11.
Discussion and Possible Direction: Current Issues Before the Arizona Legislature, Federal Issues and Administrative Items Before State Agencies.
Interim Assistant to the City Manager Gail Jackson stated that the Governor has not signed the budget yet. The session is expected to end on Thursday. She reviewed SB1152 a bill that would require an election for the approval or authorization of sales tax by a city or town be held in November of even years. The League and the City of Flagstaff is opposed to this bill as it may limit a city’s ability to conduct the business of the community and is against local control.
 
Mayor Evans stated that Chip Davis with Congressman O’Halleran’s office stopped by today and he mentioned the Veterans Home and that the Congressman is very interested in trying to access funds for that.
 
12.
Review of Draft Agenda Items for the May 16, 2017, City Council Meeting.*
* Public comment on draft agenda items will be taken at this time, at the discretion of the Mayor.

None
 
13.
Public Participation

None
 
14.
Informational Items To/From Mayor, Council, and City Manager; future agenda item requests.
Councilmember McCarthy reported that he attended a few events over the last week. He attended the TGen celebration of ten years in Flagstaff, he did an affordable housing tour and the grand opening of Goodwill. He and the Mayor also went to the Hopi Reservation to witness the Kachina dancing; it was a very rewarding experience.
 
Mayor Evans stated that she also enjoyed the Kachina ceremony; there is another invite coming to Council for a visit to a different village on June 10, 2017. It is a great experience and she encouraged Council to attend if they are able.
 
Mayor Evans offered congratulations to all the graduates; graduation ceremonies will be Friday and Saturday of this week.
 
Mayor Evans also reported that she was in Washington DC last week participating in the We are Emily Conference.
 
Mr. Copley reported that Council will be meeting next week at Killip Elementary school in the gym.
 
15.
Adjournment

The Work Session of the Flagstaff City Council held May 9, 2017, adjourned at 9:10 p.m.



___________________________________
MAYOR
ATTEST:


___________________________________
CITY CLERK