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Minutes for City Council Combined Special Work Session/Special Meeting

 COMBINED SPECIAL WORK SESSION/SPECIAL MEETING
TUESDAY, MAY 23, 2017

HAL JENSEN RECREATION CENTER
2304 NORTH IZABEL

6:00 P.M.
 
SPECIAL WORK SESSION
 
1.
Call to Order

Mayor Evans called the Special Work Session of the Flagstaff City Council held May 23, 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 work session, 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 Overton 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; City Attorney Sterling Solomon.
 
4.
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.

None
 
5.
Presentation of Citizen Heroism Award for Hal Jensen Employees.
Police Chief Kevin Treadway and Fire Chief Mark Gaillard presented Citizen Heroism Awards to Connor Estes, Trevor Johnson and Mikala Begoody for their life saving efforts during a crisis situation that occured at the Hal Jensen Recreation Center on March 3, 2017. Mayor Evans asked Recreation Supervisor Danny Neal to also recognize and introduce the staff of the Hal Jensen Recreation Center. Mayor Evans thanked the staff for their dedication to the community and its youth.
 
6.
Presentation on Neighborhood Projects
Capital Improvements Engineer Bret Peterson provided a brief update on the following capital projects:
 
  • Traffic Signal Program ASCT Butler Ave.
  • Joel Montalvo Park Improvements
  • Sunnyside Phase 5D
  • Fourth Street Crosswalks and Ramps
  • Steve’s Blvd. Pedestrian Improvements
  • Lockett Road/Fanning Wash
  • Highway 89 Medians
Development Engineer Gary Miller provided a brief update on the following private development projects:
  • Welbrook
  • McMillan Mesa IA
  • Rehab Hospital
  • Hal Jensen Tennis Courts
  • Izabel Cottages
  • Arrowhead Lofts
  • Gas Station at Route 66
  • Fat Olive’s Parking Lot
  • RP Electric
  • Bushmaster Booster Pump Station
  • Storm Auto Glass
  • Oregano’s
  • East and West Hotels
  • Station at Country Club
Housing and Grants Administrator Leah Bloom provided a brief update on the following CDBG investments:
  • Hal Jensen Recreation Center - various updates to the facility
  • Housing Solutions of Northern Arizona – three permanent affordable rentals and Sharon Manor rehabilitation
  • Catholic Charities – operational assistance for coordinated entry
  • Izabel Homes – community land trust partnership with Habitat for Humanity
Public Works Director Andy Bertelsen provided a brief update on the following projects:
  • Sunnyside Recycling Pilot Program
  • Bushmaster Park Outdoor Fitness Area
  • Joel Montalvo Park Beautification
  • Buffalo Park Public Restrooms
  • Hal Jensen Recreation Center Improvements
  • Silar Homes Activity Center

Andy Fernandez addressed Council in regards to the various neighborhood projects.
 
7.
Discussion: A resolution adopting the Management Plan for Legally-Designated Open Space Properties (Management Plan).
Public Works Director Andy Bertelsen explained that the City needed to establish a management plan for its open space inventory. He explained that the initiative approved by the voters at the last election is not currently in the plan because the process of bringing that land into the city inventory is still ongoing and once completed it will be brought into the management plan.

Open Space Specialist Betsy Emery provided a PowerPoint presentation that covered the following:

MANAGEMENT PLAN FOR LEGALLY-DESIGNATED OPEN SPACE PROPERTIES
MAP
BACKGROUND
MANAGEMENT GOALS
PLAN ORGANIZATION
CHAPTER 1: MANAGEMENT COORDINATION
CHAPTER 2: GENERAL MANAGEMENT POLICIES
CHAPTER 3: PICTURE CANYON NATURAL AND CULTURAL PRESERVE
PRIORITY ACTION PLAN – PICTURE CANYON
CHAPTER 4: OBSERVATORY MESA NATURAL AREA
PRIORITY ACTION PLAN – OBSERVATORY MESA
MOVING FORWARD

Councilmember Barotz asked about the conservation easements and what projects the Arizona State Parks Board would have to approve. Ms. Emery stated that Arizona State Parks holds conservation easements over Picture Canyon and Observatory Mesa and those easements dictate what kinds of development can occur. Any kind of development has to be reviewed and approved by Arizona State Parks.

Councilmember Overton asked the level of management funding per acre and how that compares to other cities. Ms. Emery explained that many other cities manage at approximately $100 per acre and Flagstaff manages at about $23 per acre.

Councilmember Overton stated that it is important for the City to provide enough resources to manage the current open space before more is taken on. Councilmember Barotz offered that the community values open space so much that they are willing to accept a lower level of management to ensure open space protection.

Mr. Copley explained the plan began with the staffing that is required and that represents a lion share of the investment thus far. The City will grow into the Management Plan and Council will see additional amounts requested in future budgets.

Andy Fernandez addressed the Council regarding open space.
 
8.
Discussion and Direction on possible disposition of three parcels of City-owned land for affordable housing purposes.
Housing Director Sarah Darr provided a PowerPoint presentation that covered the following:
 
SCATTER SITE DISPOSITION OF CITY OWNED LAND – PROPERTY FOR AFFORDABLE HOUSING
OUTLINE FOR TONIGHT
HOUSING SPEAK
BACKGROUND
COUNCIL OBJECTIVES
OVERVIEW OF STAFF PROPOSAL
PROPERTY
VICINITY MAP
IZABEL SOUTH
VICINITY MAP
SCHULTZ PASS MEADOWS
VICINITY MAP
WEST STREET – 202
COMBINED CAPACITY
WHY IS STAFF PROPOSING THE PROPERTIES BE OFFERED TOGETHER?
TAX CREDIT 101 – LIHTC
WHO IS SERVED BY LIHTC UNITS?
WHAT ABOUT OTHER CRITERIA?
STAFF RECOMMENDATION
 
Councilmember Putzova asked if the Request for Proposals (RFP) would require that all units be affordable units. Ms. Darr stated that if that is the direction of Council it can be included in the RFP. Tax credit development does allow for mixed income, none of the tax credit developments in Flagstaff are mixed income because the need is so high. The RFP can require that all units be affordable and can require the length of affordability as well.
 
Councilmember Overton stated that height will likely be a discussion piece on the Shultz Pass parcel. Ms. Darr explained that the concept plan includes elevations for that parcel and it shows that the view shed is not impeded with a two-story building.
 
The Council agreed that there should be a two-story limit placed on the Shultz Pass parcel and incorporating neighborhood context is a requirement for all three parcels.
 
Andy Fernandez addressed Council concerning the affordable housing proposal.
 
9.
Overview of the City Ordinance on Camping on Public Property within City Limits
Deputy Police Chief Dan Musselman provided a PowerPoint presentation that covered the following:
 
CAMPING ON PUBLIC PROPERTY WITHIN CITY LIMITS
 
Assistant City Attorney Marianne Sullivan continued the presentation.
 
FLAGSTAFF CITY CODE 6-01-001-0022
DEFINITIONS
PREVIOUS AMENDMENTS
NECESSITY DEFENSE
 
Deputy Chief Musselman continued the presentation.
 
INVESTIGATIONS
ABOVE THORPE PARK
BEHIND LITTLE AMERICA
MESA BELOW CATHOLIC CHURCH
ARRESTS BY YEAR
FIRES RELATED TO CAMPING OR TRANSIENTS
QUESTIONS/DISCUSSION
 
Councilmember Putzova stated that she would like to understand the effects of the ordinance on fires and other incidences; she requested information on the number of fires prior to 2005.
 
The following individuals addressed Council in opposition of the Camping Ordinance:
  • Jody Clements
  • Paul Deasy
  • Evan Hawbaker
The following comments were received:
  • The message is that homelessness is illegal in Flagstaff.
  • Sleep deprivation causes many issues in people.
  • The criminalization of homelessness leads to illness and death.
  • The anti-camping ordinance has exacerbated the problem.
  • Housing programs are more economical and save money.
  • Arrests and incarceration creates barriers to obtaining employment and housing.
  • The Council should appeal the anti-camping ordinance.
  • Flagstaff is building an inclusive community and the camping ordinance is a blight on that effort.
  • Homeless residents are in a very vulnerable position in a town that already has a major housing problem.
  • Council should explore initiatives that proactively support the low income and homeless in Flagstaff.
Councilmember Putzova offered that she would like the Council to consider revising the ordinance or repealing it all together because it criminalizes the poorest people who have no other options; she suggested keeping the fire regulations but allow people to sleep.
 
Councilmember Barotz offered that she would be willing to explore how the ordinance could be amended to address the fire safety issue but not criminalize sleeping.
 
Councilmember McCarthy and Vice Mayor Whelan also expressed interest in looking at how the ordinance may be amended.
 
Councilmember Overton stated that he is in favor of leaving the ordinance as is; the police have done a great job in educating and directing people to the resources and services they need.
 
Mayor Evans stated that she is also not interested in changing the ordinance; it is doing what it is supposed to do and it is not criminalizing people but rather getting them directed to appropriate services.
 
A majority of Council is interested in exploring ways to separate sleeping from the ordinance.
 
10.
Discussion:  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 stated after hearing the concerns of the public and the Council, staff’s recommendation is to remove the Traffic Impact Analysis (TIA) from the Engineering Standards that are proposed and move forward with the others. Staff wants to understand the concerns of the Council and the public so they can formulate a recommendation.

After discussion the Council agreed to the following concerns for staff to consider as they develop a recommendation:
  1. Parking
  2. Incremental impact
  3. Pedestrian impact
  4. Citizen involvement
  5. Moratorium in transect development
  6. National model versus a local model
  7. Including the unique characteristics of Flagstaff in the model
  8. Trigger points that a normal model does not fit
  9. Cumulative impacts

A written comment card concerning Traffic Impact Analysis was submitted by Mimi (Marilyn) Murov.
 
11.
Adjournment

The Flagstaff City Council Special Work Session of May 23, 2017, adjourned at 8:49 p.m.

SPECIAL COUNCIL MEETING
 
1.
Call to Order

Mayor Evans called the Special Council Meeting of the Flagstaff City Council held May 23, 2017, to order at 8:49 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 work session, 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.
Consideration and Approval of Grant Agreement:  A Grant Agreement between the City of Flagstaff and the U.S. Department of Transportation, Federal Aviation Administration (FAA) for the Flagstaff Airport, Runway 3/21 Mill and Overlay Project.
Contracts and Grants Manager Stacey Brechler-Knaggs shared a brief overview of the proposed project and the grant process. She also provided a PowerPoint presentation that covered the following:

RUNWAY 3/21 MILL AND OVERLAY PROJECT – CONSIDERATION AND APPROVAL OF GRANT
AGREEMENT

Airport Director Barney Helmick continued the presentation.

OUTREACH EFFORTS

Senior Project Manager for Public Works Adam Miele continued the presentation.

PULLIAM RUNWAY 3-21 MILL AND OVERLAY
PROJECT MAP
NOTABLE PROJECT CONSTRAINTS
CONSIDERED ASPHALT PLANT SITE LOCATIONS
ADOT EVALUATION IN 2013
 

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to approve the Grant Agreement with the Federal Aviation Administration (FAA) in the amount of $8,665,149 for the Runway 3/21 Mill and Overlay Project.

Vote: 7 - 0 - Unanimously

 
3.
Consideration and Approval of Construction Manager at Risk Contract:  Pulliam Runway 3/21 Mill and Overlay Project; Phase II construction contract.
 

Moved by Councilmember Eva Putzova, seconded by Councilmember Celia Barotz to approve the Construction Manager at Risk Contract with Fann Contracting, Inc. in an amount not to exceed $4,521,934.50 for Guaranteed Maximum Price (GMP) for the Phase II construction scope; authorize Change Order Authority of 10% for GMP in the amount of $452,193.00, 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

 
4.
Consideration and Approval of Contract:  Supplemental Agreement No. 4, Pulliam Airport Runway 3-21 Mill and Overlay Project, construction administration and quality assurance services for Phase I of the overlay project.  (Supplemental Agreement to facilitate grant for asphalt overlay at airport).
 

Moved by Councilmember Eva Putzova, seconded by Councilmember Celia Barotz to approve Supplemental Agreement No. 4 with Kimley-Horn and Associates, Inc. in the amount of $118,471.00, subject to acceptance of a grant from the Federal Aviation Administration (FAA) and the Arizona Department of Transportation (ADOT), Multimodal Planning Division, Aeronautics; and authorize the City Manager to execute the necessary documents.

Vote: 7 - 0 - Unanimously

 
5.
Consideration and Approval of Contract:  Supplemental Agreement No. 5, Pulliam Airport Runway 3-21 Mill and Overlay Project, construction administration and quality assurance services for Phase II of the overlay project.  (Supplemental Agreement to facilitate grant for asphalt overlay at airport).
 

Moved by Councilmember Eva Putzova, seconded by Councilmember Celia Barotz to approve Supplemental Agreement Number 5 with Kimley-Horn and Associates, Inc. in the amount of $263,281.00 subject to acceptance of a grant from the Federal Aviation Administration and the Arizona Department of Transportation, Multimodal Planning Division, Aeronautics; and authorize the City Manager to execute the necessary documents.

Vote: 7 - 0 - Unanimously

 
6.
Informational Items To/From Mayor, Council, and City Manager; future agenda item requests.
Councilmember Putzova requested consideration of the Council to join Mayors for Peace, an organization that advocates for nuclear disarmament.

Vice Mayor Whelan stated that at the last meeting a young man brought a request for changing the disabled logo to one that was more able oriented. Mr. Copley explained that staff is working on implementing that change with the assistance of some commissions.

Vice Mayor Whelan also congratulated the Mayor and Flagstaff for winning the Mayor’s Water Challenge.

Councilmember Barotz requested a FAIR item for consideration of a resolution that speaks to the importance of the Antiquities Act and support for national monuments particularly in northern Arizona.

Councilmember Odegaard presented the City with the following plaques:
  • Run for the Wall presented to the Flagstaff Police Department for their support shown for the 2017 run.
  • Armed Forces Day Parade presented to Mayor for community service assisting veterans in Northern Arizona.
Councilmember McCarthy reported that he went to a Community Salutes event. The event recognizes high school seniors who have enlisted in the Army; there were approximately 30 enlistees from Flagstaff. It was a great event and the City of Flagstaff was presented a plaque that thanked the City for its support.

Mayor Evans thanked the City Council and City staff for their work and participation in the Mayor’s Water Challenge. She also thanked the residents of Flagstaff and the greater Flagstaff area for their participation and taking the pledge. She announced a community celebration at Charly’s on June 24, 2017.

Mayor Evans reported that she spoke at the NAU ROTC Commission Recognition Ceremony; there were 14 individuals who finished the program out of 100 that started. She also attended the Justice Summit hosted by Coconino County and the Northern Arizona Regional Behavioral Health Authority.

Mayor Evans attended a luncheon for the Arizona Town Hall Community Outreach Program that spoke to the budget. She also attended the VFW Dinner for Veterans Run for the Wall event and the Veterans fifth Annual High Country Stand Down, which is a project that focuses on veterans and veterans services.

Mayor Evans also attended the Greater Arizona Mayors’ Association meeting by phone and lastly, she participated in the Fiesta de Mayo event over the weekend.
 
7.
Adjournment

The Special Meeting of the Flagstaff City Council held May 23, 2017, adjourned at 9:21 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 Special Meeting of the Council of the City of Flagstaff held on May 23, 2017. I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 20th day of June, 2017.     


________________________________
CITY CLERK