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Minutes for City Council Meeting - FINAL

CITY COUNCIL REGULAR MEETING
TUESDAY, MAY 2, 2017
COCONINO COUNTY BOARD OF
SUPERVISORS CHAMBERS
 6:00 P.M.
MINUTES
 
1.
CALL TO ORDER

Vice Mayor Whelan called the meeting of May 2, 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.
ROLL CALL
NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means.

PRESENT:

VICE MAYOR WHELAN
COUNCILMEMBER BAROTZ
COUNCILMEMBER ODEGAARD
COUNCILMEMBER OVERTON
COUNCILMEMBER PUTZOVA
ABSENT:

MAYOR EVANS
COUNCILMEMBER MCCARTHY



Others present: City Manager Josh Copley and City Attorney Sterling Solomon.
 
3.
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
Councilmember Overton led the audience and Council in 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 Work Session of February 28, 2017; Work Session of March 14, 2017; Regular Meeting of April 4, 2017; Joint Work Session of April 17, 2017; Special Meeting (Executive Session) of April 18, 2017; and Regular Meeting of April 18, 2017.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova to approve the minutes of the City Council Work Session of February 28, 2017; Work Session of March 14, 2017; Regular Meeting of April 4, 2017; Joint Work Session of April 17, 2017; Special Meeting (Executive Session) of April 18, 2017; and Regular Meeting of April 18, 2017

Vote: 5 - 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.

None
 
6.
PROCLAMATIONS AND RECOGNITIONS
 
A.
Proclamation - Economic Development Week
Mayor Whelan read the proclamation proclaiming Economic Development Week and invited forward members of the community representing those businesses that had been in Flagstaff for a long time, including Babbitt Ranches, Lowell Observatory, Northern Arizona University, J.C. Penney, W.L. Gore & Associates, United Way and Goodwill of Central and Northern Arizona, for a photo to be taken.
 
B.
Recognition of Master Recyclers
Dylan Lenzen with the Sustainability Office with the City gave a brief history of this first class as Master Recyclers. He then introduced those that were present who were invited up to have a picture taken:

Jim Tuck
J. Downey
Amy Rangel
Charlene Tomlinson
Margie Goulden
Trent McDowell
David Zimmerman
Debby DeWolfe
Hugh McMahon
Amanda Kapp
Ward Davis

Those who also completed the class but were not present were:

Toni Barnes
Jill Rundall
Tom McCall
Ray Jordan
Katie Woodard
David A. Spence
Melody Varner
Ellen Vaughan
Rebecca Price
Ron Dovzak
Tom Boughner
Karen Whitten
Carol Gamble
Jennifer Palm
Martha James Johnson
Erin Duffy
Heather Aaron

David Zimmerman came forward and thanked the Council for their support of this program.

Andy Fernandez, Flagstaff, came forward and commented on recycling.
 
7.
LIQUOR LICENSE PUBLIC HEARINGS
Vice Mayor Whelan opened the Public Hearing.

Sergeant Gregory Jay with the Flagstaff Police Department came forward to answer any questions on either of the liquor license applications.

There being no public input, the Public Hearing was closed.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to forward a recommendation to the State for approval of both liquor license applications.

Vote: 5 - 0 - Unanimously

 
A.
Consideration and Action on Liquor License Application:  Jose Hernandez Gutierrez, "El Tapatio", 2004 E. Historic Route 66, Series 12 (restaurant), New License.
 
B.
Consideration and Action on Liquor License Application:  Derek Gates "Butler Easy Mart", 1311 E. Butler Ave., Series 10 (beer and wine store), New License.
 
8.
ROUTINE ITEMS
 
A.
Consideration and Adoption of Ordinance No. 2017-12 and Resolution No. 2017-17:  An Ordinance and Resolution Amending the Employee Handbook of Regulations and Flagstaff City Code, by Adopting Addendum 8 to the Employee Handbook of Regulations.
Human Resources Director Shannon Anderson came forward to review the proposed changes related to holiday leave policies.

Councilmember Putzova said that she would like them to consider an additional holiday that would fall on the day of the election. Additionally, she would like for employees to be able to also donate sick time to others, as is now permitted with vacation time.

Councilmember Barotz said that she would also like to understand the provisions that deal with accrued time. When they were doing the budget there were monies allocated to pay lump sums when someone retired, and she was not sure what that was for and how those provisions worked.

Ms. Anderson replied that when someone is retiring with 20 years or more of service they are eligible for 50% of their accrued sick leave, with a maximum permitted of 1,040 hours. They also pay out vacation, based on years of service.

Vice Mayor Whelan said that with the packet there was reference to the forfeiting of personal time. Ms. Anderson explained that employees can only earn 24 hours per year of personal time off (PTO) and it is not accrued. The proposed wording would allow them to use this money through the following October; the goal is so they do not lose it.

Councilmember Barotz said that she echoed Councilmember Putzova's request and would like to have further discussion on new ideas. Mr. Copley said that he has been taking notes. Their Employee Handbook is updated frequently, so they will set this for a Work Session in the fall.

Councilmember Putzova asked if they could make an amendment between the first and second read so they do not have to wait until the fall. They were also going to be discussing the maternity/paternity leave policy of three months paid leave for both the mother and father.

Brief discussion was held on the election day off. Some voiced concern with the proposal due to the cost to the City; others said they would like to discuss it further.

With regard to maternity/paternity leave, discussion was held and it was determined that further discussion would need to be held, perhaps in the fall prior to preparation for next year's budget.

Ms. Anderson said that they currently follows the Fair Labors Maternity Act which provides up to 12 weeks of unpaid time off. She said that the employee must have worked 1050 hours to be eligible. If they do not take the full three months, they can use it intermittently. She said that they would use sick time, vacation, Personal Time Off, as well as any donated time provided by other employees.

Councilmember Overton asked that they consider the financial implications and look at the inquities.

Councilmember Odegaard said that he and Mayor Evans had requested a paid portion of maternity leave, and asked if that was within the budget. Ms. Anderson said that they did analyze that and looking at the previous year and how many took it, and found that it would cost around $200,000. Given all of the other budget needs, it was not included. She noted that at the Budget Team Level, and with the Employee Advisory Committee, they talked about taking the hours lost at the end of the each fiscal year (because too much has been accumulated) and making that a pot of money for use by those on maternity leave. She said that they are prepared to look at those ideas further, but they were not included in this year's budget.

Councilmember Odegaard asked if they would be having any further opportunity to talk about the budget, or if it was complete. Mr. Copley explained that with the statutory requirements and related deadlines, the time to make substantial changes has passed. If it is the will of the Council, and they receive direction tonight, he could sit down with staff, but the timeframes of adjusting this between reads puts a significant challenge to them.

Councilmember Putzova said that they can pass the policy and let the City Manager figure out where the money comes from. They need to do it now before they adopt the budget.

Vice Mayor Whelan asked if they could look at this for next year's budget. She would like to explore it and move in that direction, but she was not sure of the timing being now.

Deputy City Manager Dille said that they have a budget policy and a handbook, and they overlap. While they have a budget policy, they went through the exercise last week to prepare that budget. The fact that Council has articulated a directive to move in a certain direction is clear. Even though they could not find money for that, it is a clear indicator that they are now looking at their day to day operations, and they understand where Council wants to go.

Councilmember Putzova said that they can always amend the handbook and the City Manager has tools to fund it, such as the reserves.

Councilmember Barotz said that she supports the idea of the policy, but she is uncomfortable with proceeding so quickly. She is balancing expediency with respecting a process that has already unfolded. She wants to have a discussion and have it between now and before they prepare for the next budget cycle. Councilmember Odegaard agreed with that.

Councilmember Putzova asked if they could at least look at amending between first and second read to allow for the donation of sick time, as well as vacation time, for the final read. Mr. Solomon said that he acknowledged the idea, but he was not sure of the legal ramifications. He would need time to look at those and get back to the Council.
 

Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2017-12 by title only for the first time.

Vote: 5 - 0 - Unanimously


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AMENDING THE EMPLOYEE HANDBOOK OF REGULATIONS AND FLAGSTAFF CITY CODE, BY ADOPTING "ADDENDUM 8 TO THE EMPLOYEE HANDBOOK OF REGULATIONS" AS SET FORTH IN THAT PUBLIC RECORD ON FILE WITH THE CITY CLERK, TO CONFORM SICK LEAVE AND RELATED POLICIES WITH STATE LAW, AND TO AMEND HOLIDAY COMPENSATORY TIME POLICY; PROVIDING FOR PENALTIES, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
 
9.
REGULAR ITEMS
 
A.
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 came forward and reported that the federal government is funded until the end of the year. She then reported on some state bills including:

SB1122, signed, prevents the requirement for background checks for personal sales transactions, including firearms.
SB1080, beginning 7/1/18, any minor getting a drivers license must refrain from texting while driving for six months.
SB1114, provides an exception to the Arizona Dark Skies provision to prohibit electronic billboards with 40 miles of Bullhead City.
SB1042, reduces the requirements for teachers permitted to teach.

She said that the budget bill has been introduced and would fund the Arizona Commercial Authority at $21 million; would be closing down the Arizona Job Training Fund, fund the Arizona Office of Tourism at $7 million; re transportation, establishes a highway damage fund of $3 million; shifts jet fuel tax to state aviation; sweeps the state aviation; puts $356 million into the Highway Fund, and some highway fund into DPS.

She said that they will be providing $27 million to universities, but it will not affect shared revenues. They will be discontinuing STEM funding to community colleges.

She also thanked Council for attending the Legislative Luncheon last week. Mayor Whelan thanked her for the work in getting them together. She said that it became clear during the luncheon that the legislators did not know what the City's legislative agenda is and next year they should work harder at  reaching out.

Mr. Copley said that one item they discussed after the luncheon was the need to also do an annual lobbying trip to Phoenix each year.

Andy Fernandez, Flagstaff, voiced concern with school vouchers, the Wall, and third party firearm applications.
 
10.
DISCUSSION ITEMS
 
A.
Discussion of Winter Congestion Relief Plan
Economic Vitality Director Heidi Hansen said that there has been a lot of discussion taking place, first spearheaded by Supervisor Babbott, regarding Highway 180 Corridor. She said that during the budget retreat it was noted that $40,000 from the BBB funds had been included to help finance additional efforts to address the impacts of increased tourism, through Police Department assistance, increased recycle and trash services, etc. She said that they discussed using the $40,000, and holding another $50,000 in contingency for further work.

She said that some of their citizens are feeling like this is not an appropriate use of the BBB funds and believe that the fund is only to be used for marketing. They have reached out to her and she has explained that the effort to help with mitigation makes sense.

Ms. Hansen said that when they talk about congestion on 180, she feels that is a different issue than how people play, and this strategy is not going to help with the congestion. It will help make sure that the environment is not damaged and promote the need to be responsible stewards of the environment.

Councilmember Odegaard said that he had heard there will be a plan coming forward, and one of those elements is congestion. Ms. Hansen said that was correct. They need to reach out to the other parties--the County, ADOT, USFS, looking at how their contribution could be best used. She said that they will be talking about congestion, but that is a big issue, and it will not be solved with the Tourism Fund.

Councilmember Overton said that he thought they were doing what they could; he also wants to find other areas for snow play. He still thought this is one of their best options and he was glad to see Fort Tuthill join the efforts.
 
11.
COUNCIL LIAISON REPORTS
Councilmember Overton apologized for not attending the groundbreaking of the Core Services facility. He said that this has been one of his passions and he wanted to convey that he was still a strong supporter for it.
 
12.
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 Odegaard to place on a future agenda a discussion on smoking in City parks.
The following individuals came forward and voiced support for adoption of an ordinance prohibiting smoking in City parks:

•Abigail Pembrook-Sedillo, Coconino High School student and president of Coconino Anti-Tobacco Students (CATS)
•Joey Benton, member of CATS
•Amy Begay, Flagstaff High School, member of ASAP
•Jolynn Robbins, Flagstaff High School Senior and Vice President of Arizona Students Aiming for Prevention (ASAP)
•Tyrone Larson, Senior and Vice President of ASAP

Councilmember Odegaard noted that this was a F.A.I.R. item and would need to move to a future agenda for action. Vice Mayor Whelan said that they were amazing and she did not know how any of them could turn down their request. She supported moving it forward.

Councilmember Overton said that they did a great job on their presentation. They figured out how to make their points, and were concise, and other advocacy groups could take a lesson from them in effective communication.

This item will move forward to a future agenda.
 
B.
Future Agenda Item Request (F.A.I.R.): A request by Councilmember Odegaard to place on a future agenda discussion of placing a city charter amendment on a future ballot concerning minimum wage.
Councilmember Odegaard said that he was looking for one other that would help move this item to a future agenda on whether to send a charter amendment to the voters to ask them if the council should have authority to regulate minimum wage.

There being no other support, this item will not move forward.
 
13.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
Councilmember Putzova reminded everyone that tomorrow is the next Indigenous Community Forum at 5:30 p.m. at Flagstaff High School.

Vice Mayor Whelan requested a future agenda item request (F.A.I.R.) to consider reinstatement of specialiy positions on those commissions that previously had them.

Councilmember Odegaard invited his colleagues to join him on May 6, 2017, at 10:00 a.m. at Flagstaff High School for the Coconino Coalition for Children and Youth Health Fair.

Vice Mayor Whelan reported that Mayor Evans had been nominated as one of six women across the Country by Emily's List to serve on a panel in Washington DC and that is where she was this evening.
 
14.
ADJOURNMENT
The Regular Meeting of the Flagstaff City Council held May 2, 2017, adjourned at 7:32 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 May 2, 2017. I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 16th day of May, 2017.     


________________________________
CITY CLERK