CITY COUNCIL REGULAR MEETING
TUESDAY, MAY 16, 2017
KILLIP ELEMENTARY SCHOOL
2300 EAST SIXTH AVENUE
6:00 P.M.
TUESDAY, MAY 16, 2017
KILLIP ELEMENTARY SCHOOL
2300 EAST SIXTH AVENUE
6:00 P.M.
MINUTES
1.
CALL TO ORDER
Mayor Evans called the Regular Meeting of May 16, 2017, to order at 6:00 p.m.
Mayor Evans called the Regular Meeting of May 16, 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: 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
Councilmember Barotz led the audience and Council in the Pledge of Allegiance and Councilmember Putzova 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 Special Meeting (Executive Session) of March 21, 2017; Work Session of April 11, 2017; Special Meeting (Executive Session) of May 2, 2017; and Regular Meeting of May 2, 2017.
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to approve the minutes of the City Council Special Meeting (Executive Session) of March 21, 2017; Work Session of April 11, 2017; Special Meeting (Executive Session) of May 2, 2017; and Regular Meeting of May 2, 2017.
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.
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.
The following individuals came forward during Public Participation regarding:
•Kinlani/Flagstaff High School - Native American Energy Advocates (SAhania Atene, Shayia Naswood, Courtney Ben, Misty Humeyestewa, Kylie Dixon, Rachel Yazzie, Aleesha Begay)- Information about the Native American Energy Advocacy and Washington DC Award (Exhibit A attached hereto)
•Jacob Eadens - Proposed new International Symbol for Access (Exhibit B attached hereto)
•David A. Spence - Mayors for Peace (Exhibit C attached hereto)
•Lorena Zeilman - Minimum Wage Investigations
•Andy Fernandez
•Cathi Black - Fair Housing
•Kinlani/Flagstaff High School - Native American Energy Advocates (SAhania Atene, Shayia Naswood, Courtney Ben, Misty Humeyestewa, Kylie Dixon, Rachel Yazzie, Aleesha Begay)- Information about the Native American Energy Advocacy and Washington DC Award (Exhibit A attached hereto)
•Jacob Eadens - Proposed new International Symbol for Access (Exhibit B attached hereto)
•David A. Spence - Mayors for Peace (Exhibit C attached hereto)
•Lorena Zeilman - Minimum Wage Investigations
•Andy Fernandez
•Cathi Black - Fair Housing
6.
PROCLAMATIONS AND RECOGNITIONS
At this time Mayor Evans asked the Flagstaff Police Department representatives to come forward and presented them with a Proclamation for May 15 as National Peace Officers Memorial Day.
She then asked members of the Killip School Chess Club to come forward and presented them with a Proclamation and recognized their efforts in winning the National competition.
She then asked members of the Killip School Chess Club to come forward and presented them with a Proclamation and recognized their efforts in winning the National competition.
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).
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: Beautification and Public Art Commission.
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Scott Overton to appoint George Averbeck to the Beautification and Public Art Commission, for a term expiring June 2018.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Celia Barotz, seconded by Councilmember Eva Putzova to appoint Sharon Baudelaire to the Beautification and Public Art Commission, for a term expiring June 2020.
Vote: 7 - 0 - Unanimously
Moved by Mayor Coral J. Evans, seconded by Councilmember Celia Barotz to appoint Jamey Hasapis to the Beautification and Public Art Commission, for a term expiring June 2020.
Vote: 7 - 0 - Unanimously
8.
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 Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve Consent Items 8-A and 8-B.
Vote: 7 - 0 - Unanimously
A.
Consideration and Approval of Final Plat request by Mogollon Engineering & Surveying, Inc., on behalf of Holmes/CC, L.L.C, to subdivide an existing apartment complex into 4 condominium units known as Summit Condos located at 915 W Summit Avenue with the Single-family Residential Neighborhood (R1N) zone.
Staff recommends approving the final plat and authorizing the Mayor to sign both the final plat and City/Subdivider Agreement when notified by the Inter-Department Staff (IDS) that all conditions have been met and documents are ready for recordation.
B.
Consideration and Approval of the First Amendment to the Intergovernmental Agreement – An amendment to the Intergovernmental Agreement (IGA) between the City of Flagstaff and Coconino County for a second Court Information Systems (IS) Specialist.
Approve the First Amendment to the IGA between the City of Flagstaff and Coconino County.
9.
ROUTINE ITEMS
A.
Consideration and Adoption of Ordinance 2017-14: An ordinance conveying City right of way at the intersection of Arrowhead Avenue and Route 66 to the Arizona Department of Transportation.
Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2017-14 by title only for the first time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE FLAGSTAFF CITY COUNCIL AUTHORIZING THE CONVEYANCE OF CITY RIGHT OF WAY AT THE INTERSECTION OF ARROWHEAD AVENUE AND ROUTE 66 TO THE STATE OF ARIZONA, BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, AND ESTABLISHING AN EFFECTIVE DATE
B.
Consideration and Approval of Contract: With Consulting Engineering, Inc., for Water Distribution System Leak Detection Survey
Water Resources Manager Erin Young gave a brief PowerPoint on the program which included:
DISTRIBUTION SYSTEM
LAKE DETECTION SURVEY
LEAK DETECTED FY14/FY15
NEXT CONTRACT
She noted that Mark Richardson was present should Council have any questions.
Vice Mayor Whelan thanked staff for an excellent staff report, noting that it was very clear. She said that it stated that the City does have equipment to do this work, but does not have the personnel. She said that she guessed that in their best judgment, hiring a firm to do this was the most economical. Ms. Young said that they have tried to do this work before and failed. By contracting out this work they are slowly getting in front of the curve. Mr. Richardson noted that some of the gauges and electronics that the City have are older.
Councilmember Barotz noted that the conrractor was out of Ohio and asked if there would be any local workers. Mr. Richardson said that the main person will be coming from Ohio; the second person may be hired locally.
Andy Fernandez, Flagstaff, address issues of concern.
DISTRIBUTION SYSTEM
LAKE DETECTION SURVEY
LEAK DETECTED FY14/FY15
NEXT CONTRACT
She noted that Mark Richardson was present should Council have any questions.
Vice Mayor Whelan thanked staff for an excellent staff report, noting that it was very clear. She said that it stated that the City does have equipment to do this work, but does not have the personnel. She said that she guessed that in their best judgment, hiring a firm to do this was the most economical. Ms. Young said that they have tried to do this work before and failed. By contracting out this work they are slowly getting in front of the curve. Mr. Richardson noted that some of the gauges and electronics that the City have are older.
Councilmember Barotz noted that the conrractor was out of Ohio and asked if there would be any local workers. Mr. Richardson said that the main person will be coming from Ohio; the second person may be hired locally.
Andy Fernandez, Flagstaff, address issues of concern.
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to approve the contract with Consulting Engineering, Inc., in the amount of $61,250; and authorize the City Manager to execute the necessary documents.
Vote: 7 - 0 - Unanimously
C.
Consideration and Approval of Contract: Enter into a contract with Konica Minolta for a lease purchase of the Bizhub Press C1085 in the amount of $183,185 utilizing a cooperative purchase agreement through Mohave Arizona Cooperative Purchasing.
Revenue Director Sandy Corder reviewed this item noting that the agreement with Xerox of Flagstaff, Inc. to provide copy services to the Customer Service Copy Center (Copy Center) will terminate on June 9, 2017. Approval of this contract will allow the Copy Center to continue to operate seamlessly during this transition. The Bizhub Press is a digital high resolution color and black and white printer, which handles the large volume requests made of the Copy Center, while offering a variety of finishing needs, such as direct printing and folding which will reduce the time and manual labor for large mailings.
She briefly reviewed a PowerPoint presentation which described the equipment and the benefits of making this change.
Councilmember Odegaard voiced concern with the length of the lease being longer than the life of the equipment. Ms. Corder said that they were anticipating that at the end of ten years they will need to replace the equipment, and it was a five year lease purchase.
She briefly reviewed a PowerPoint presentation which described the equipment and the benefits of making this change.
Councilmember Odegaard voiced concern with the length of the lease being longer than the life of the equipment. Ms. Corder said that they were anticipating that at the end of ten years they will need to replace the equipment, and it was a five year lease purchase.
Moved by Councilmember Eva Putzova, seconded by Vice Mayor Jamie Whelan to approve the contract with Konica Minolta for a lease purchase of the Bizhub Press C1085 (Bizhub Press) in the amount of $183,185, including lease costs for a digital printing press, maintenance, training, finance charges, and supplies, utilizing a cooperative purchasing contract through Mohave Arizona Cooperative Purchasing #15M-KMBS-0128.
Vote: 7 - 0 - Unanimously
D.
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 noted that thr request brought up at the last meeting regarding paid maternity/paternity leave will be addressed before next year's budget, and there may be both a short term and long term consideration.
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to adopt Resolution No. 2017-17.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2017-12 by title only for the final time.
Vote: 7 - 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
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Charlie Odegaard to adopt Ordinance No. 2017-12.
Vote: 7 - 0 - Unanimously
E.
Consideration and Approval of Contract: Cinder Lake Landfill Geotechnical Investigation Professional Services Contract RSOQ No. 2017-48
Matt Morales, Project Manager at the Landfill, gave a PowerPoint presentation which addressed the following:
OVERVIEW - EXTENDING LANDFILL LIFE
Vice Mayor Whelan asked for an explanation of the term "air space." Mr. Morales explained that air space the volume of area from the subsurface to above ground that will become filled to the design elevation approved by the Arizona Department of Environmental Quality.
SCOPE OF WORK
PROJECT DELIVERABLES
PROJECT BENEFITS
Vice Mayor Whelan said that the staff report indicated that a "snap shot" of the rock had been taken back in 2015 and asked why that information was not good enough to move forward. Mr. Morales said that when they go to analyze the rock and give the opportunity for others to come in and act as vendors for that rock, they have to do their legwork with regard to demonstrating that it is competent. This provides the physical evidence that allows them to move forward.
OVERVIEW - EXTENDING LANDFILL LIFE
Vice Mayor Whelan asked for an explanation of the term "air space." Mr. Morales explained that air space the volume of area from the subsurface to above ground that will become filled to the design elevation approved by the Arizona Department of Environmental Quality.
SCOPE OF WORK
PROJECT DELIVERABLES
PROJECT BENEFITS
Vice Mayor Whelan said that the staff report indicated that a "snap shot" of the rock had been taken back in 2015 and asked why that information was not good enough to move forward. Mr. Morales said that when they go to analyze the rock and give the opportunity for others to come in and act as vendors for that rock, they have to do their legwork with regard to demonstrating that it is competent. This provides the physical evidence that allows them to move forward.
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to approve the contract with Amec Foster Wheeler Environment & Infrastructure, Inc. (Amec Foster Wheeler) to provide professional consulting service for an amount not to exceed $242,570.00
Vote: 7 - 0 - Unanimously
A break was taken from 7:35 p.m. to 7:45 p.m.
10.
PUBLIC HEARING ITEMS
A.
Public Hearing, Consideration and Adoption of Ordinance No. 2017-04, Resolution No. 2017-11: An ordinance of the Flagstaff City Council amending the Flagstaff City Code, Title 3, Business Regulations, Chapter 3-09, Cable, by making amendments relating to regulation of cable operators, providing for penalties, repeal of conflicting ordinances, severability, and establishing an effective date; and a resolution of the Flagstaff City Council authorizing renewal of a Cable License Agreement with NPG Cable, LLC, doing business as Suddenlink, and establishing an effective date (cable ordinance updates, renewal of cable license agreement)
Senior Assistant City Attorney Anja Wendel briefly reviewed the ordinance, noting that a few questions raised at the last meeting had been answered. She addressed the following:
CABLE TELEVISION LICENSE
RECAP LICENSE CONDITIONS APPROVED 4/4/17
CABLE TELEVISION LICENSE
She said that one question related to the option to have a scrambled/secure channel and after speaking with Fire Chief Gaillard, they wished to keep that option available for the future. The other question related to the emergency alert system.
Chief Gaillard came forward and said that he and legal staff met with Suddenlink and their technical staff, and after talking this through they were comfortable that in reality some of the things they hoped to be in place did not exist, so they released that section of the contract.
Ms. Wendel noted that changes were made to the heading of Section 6.2, as previously requested.
Vice Mayor Whelan said that several of her questions revolved around the fees and pass through revenue generated. She said that because of the change in the law they were looking at a drop of around $51,000 in 2017, and asked if there was not some way to look at an internet based sales and use tax. Ms. Wendel said that the license before the Council is for their right to operate television; per state law they can use the same system to provide internet and they are not required to pay a license fee. Mr. Kelly noted that that also allows them to bring in the 1 G of service and invest back into the community.
Mayor Evans closed the Public Hearing at this time.
CABLE TELEVISION LICENSE
RECAP LICENSE CONDITIONS APPROVED 4/4/17
CABLE TELEVISION LICENSE
She said that one question related to the option to have a scrambled/secure channel and after speaking with Fire Chief Gaillard, they wished to keep that option available for the future. The other question related to the emergency alert system.
Chief Gaillard came forward and said that he and legal staff met with Suddenlink and their technical staff, and after talking this through they were comfortable that in reality some of the things they hoped to be in place did not exist, so they released that section of the contract.
Ms. Wendel noted that changes were made to the heading of Section 6.2, as previously requested.
Vice Mayor Whelan said that several of her questions revolved around the fees and pass through revenue generated. She said that because of the change in the law they were looking at a drop of around $51,000 in 2017, and asked if there was not some way to look at an internet based sales and use tax. Ms. Wendel said that the license before the Council is for their right to operate television; per state law they can use the same system to provide internet and they are not required to pay a license fee. Mr. Kelly noted that that also allows them to bring in the 1 G of service and invest back into the community.
Mayor Evans closed the Public Hearing at this time.
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Celia Barotz to read Ordinance No. 2017-04 by title only for the final time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE FLAGSTAFF CITY COUNCIL, AMENDING THE FLAGSTAFF CITY CODE, 3, BUSINESS REGULATIONS, CHAPTER 3-09, CABLE, BY MAKING AMENDMENTS RELATING TO REGULATION OF CABLE OPERATORS; PROVIDING FOR PENALTIES, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to adopt Ordinance No. 2017-04.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Celia Barotz, seconded by Councilmember Scott Overton to read Resolution No. 2017-11 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL AUTHORIZING RENEWAL OF A CABLE LICENSE AGREEMENT WITH NPG CABLE, LLC, DOING BUSINESS AS SUDDENLINK, AND ESTABLISHING AN EFFECTIVE DATE
Councilmember Barotz thanked Ms. Wendel for her work on this project, and especially for the Cable 101 paper that she provided.
Moved by Councilmember Eva Putzova, seconded by Councilmember Celia Barotz to adopt Resolution No. 2017-11.
Vote: 7 - 0 - Unanimously
11.
REGULAR AGENDA
A.
Consideration and Possible Adoption of Ordinance No. 2017-15: An ordinance approving the Sale of City-Owned Property consisting of approximately 32 acre parcel located at the northwest corner of Pulliam and John Wesley Powell and identified with Assessors Parcel Number 116-61-006.
Community Investment Director David McIntire addressed the Council regarding the possible sale of 32 acres of real property near the airport. He gave a PowerPoint presentation which addressed:
MAP
PARCEL INFORMATION
RFP
TERMS
OPTIONS
COMMUNITY BENEFIT
RISKS
OPTIONS
Discussion was held on the job obligations and the lack of definitions. Mr. McIntire said that currently it would include all positions held by employees of the buyer or their affiliate. Currently they do not distinguish between parttime or fulltime employees.
After further discussion, Kevin Brooks of Greentree Hospitality Group came forward and thanked the Council for their consideration. He said that they are not much more than a start-up in the US. It is a US investment group that started in Asia in 2004 and since that time they now have over 2,500 hotels in Asia. In the US, they have five Greentree Hotels. When they started the application of the Request for Proposals they had one.
He said that they are bringing their brand back to the US and they think that Flagstaff offers the type of environment that they want to embrace as a hotel brand. He said that while they were evaluating different potential locations, he came across this opportunity as he was riding his bike as he has a home in Ponderosa Trails. He said that it is a community committed to sustainability and there is potential for a win-win for all stakeholders involved.
Mr. Brooks said that they have a good relationship with the university and look to expand that after they get their foothold in place. They already have a Greentree Hotel in Flagstaff. He said that they are not scared of the commitments, but have to be pragmatic. They are paying market for the parcel and commiting to certain job targets. He said that this is a big leap for their company at their level of maturity in the US, but he is confident about their ability to grow.
Councilmember Barotz thanked Mr. Brooks for the background. She said that she supports all of the concepts identified, but in the interest of both parties, she asked that the legal documents be as clear as possible. She asked for Mr. Brooks' understanding of the jobs creation. Mr. Brooks said that they arre obligated under the terms in the contract to achieve those specific targets. He said that it was his understanding that the City would have the right to sue them for damages should they not meet those targets.
Further discussion was held on how the calculation for damages would be determined. Councilmember Barotz asked Mr. Brooks if he would agree to stronger language in the contract. Mr. Brooks said that the devil is in the details. There is a certain risk tolerance that they evaluate and try to understand. They entered in this with their best foot forward. They do think that the City has those values that are a good match for them.
Councilmember McCarthy asked Mr. Brooks to elaborate on their relationship with the university. Mr. Brooks said that they have already started that, working with their School of Hospitality and Business. They have made financial donations as a company and have done in-school internships, hiring several NAU grads to date within their operations. They are in the process of having their curriculum developed with real world case studies. He said that they have started all of this, but are hoping to take it to the next level.
Councilmember Odegaard commended Mr. Brooks for their patience. He said that he was hoping he could give them some vision of what it would look like. Mr. Brooks said that he envisioned a campus environment with three or four components, all interconnected through walkways with a corporate office facility, separate limited service hotel (similar to a Holiday Inn Express). In addition they would also propose an event center and restaurant.
Stuart McDaniel, representing the Greater Flagstaff Chamber of Commerce (and also as Vice Chairman of the Airport Commission), came forward to offer support for the project.
A written comment card was submitted by "Missy" Ellen Ivey asking specific questions.
Councilmember Putzova said that she thought it was a great project, but she was struggling with the jobs obligation verbiage being so vague.
MAP
PARCEL INFORMATION
RFP
TERMS
OPTIONS
COMMUNITY BENEFIT
RISKS
OPTIONS
Discussion was held on the job obligations and the lack of definitions. Mr. McIntire said that currently it would include all positions held by employees of the buyer or their affiliate. Currently they do not distinguish between parttime or fulltime employees.
After further discussion, Kevin Brooks of Greentree Hospitality Group came forward and thanked the Council for their consideration. He said that they are not much more than a start-up in the US. It is a US investment group that started in Asia in 2004 and since that time they now have over 2,500 hotels in Asia. In the US, they have five Greentree Hotels. When they started the application of the Request for Proposals they had one.
He said that they are bringing their brand back to the US and they think that Flagstaff offers the type of environment that they want to embrace as a hotel brand. He said that while they were evaluating different potential locations, he came across this opportunity as he was riding his bike as he has a home in Ponderosa Trails. He said that it is a community committed to sustainability and there is potential for a win-win for all stakeholders involved.
Mr. Brooks said that they have a good relationship with the university and look to expand that after they get their foothold in place. They already have a Greentree Hotel in Flagstaff. He said that they are not scared of the commitments, but have to be pragmatic. They are paying market for the parcel and commiting to certain job targets. He said that this is a big leap for their company at their level of maturity in the US, but he is confident about their ability to grow.
Councilmember Barotz thanked Mr. Brooks for the background. She said that she supports all of the concepts identified, but in the interest of both parties, she asked that the legal documents be as clear as possible. She asked for Mr. Brooks' understanding of the jobs creation. Mr. Brooks said that they arre obligated under the terms in the contract to achieve those specific targets. He said that it was his understanding that the City would have the right to sue them for damages should they not meet those targets.
Further discussion was held on how the calculation for damages would be determined. Councilmember Barotz asked Mr. Brooks if he would agree to stronger language in the contract. Mr. Brooks said that the devil is in the details. There is a certain risk tolerance that they evaluate and try to understand. They entered in this with their best foot forward. They do think that the City has those values that are a good match for them.
Councilmember McCarthy asked Mr. Brooks to elaborate on their relationship with the university. Mr. Brooks said that they have already started that, working with their School of Hospitality and Business. They have made financial donations as a company and have done in-school internships, hiring several NAU grads to date within their operations. They are in the process of having their curriculum developed with real world case studies. He said that they have started all of this, but are hoping to take it to the next level.
Councilmember Odegaard commended Mr. Brooks for their patience. He said that he was hoping he could give them some vision of what it would look like. Mr. Brooks said that he envisioned a campus environment with three or four components, all interconnected through walkways with a corporate office facility, separate limited service hotel (similar to a Holiday Inn Express). In addition they would also propose an event center and restaurant.
Stuart McDaniel, representing the Greater Flagstaff Chamber of Commerce (and also as Vice Chairman of the Airport Commission), came forward to offer support for the project.
A written comment card was submitted by "Missy" Ellen Ivey asking specific questions.
Councilmember Putzova said that she thought it was a great project, but she was struggling with the jobs obligation verbiage being so vague.
Moved by Councilmember Celia Barotz, seconded by Councilmember Scott Overton to read Ordinance No. 2017-15 by title only for the first time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE FLAGSTAFF CITY COUNCIL AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY LOCATED AT THE INTERSECTION OF JOHN WESLEY POWELL BOULEVARD AND THE INTERSTATE 17, ADJACENT TO THE FLAGSTAFF PULLIAM AIRPORT, FLAGSTAFF, ARIZONA
12.
DISCUSSION ITEMS
A.
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 introduced Traffic Engineer Jeff Bauman who then gave a PowerPoint presentation on Transportation Impact Analysis (TIA) issues and proposed changes to the Engineering Standards related to them.
He said that they looked at other cities in Arizona and Arizona Department of Transportation (ADOT) standards, as well as the Institute of Transportation Engineers (ITE) (some of which were university cities) and found that what Flagstaff is doing is similar to what everyone else is doing, but they still wanted to make improvements, so they created the TIA Manual to help people get through the process. He said that they have started using the manual already. The presentation addressed:
TRANSPORTATION IMPACT ANALYSIS MANUAL
Highlights
ZONING CODE OUTLINES WHEN TIA'S ARE REQUIRED
Regional Plan Amendments
Development Master Plans
Zone Changes
Subdivision Plats
Site Plans
ENGINEERING STANDARDS OUTLINE THE REQUIRED ELEMENTS OF A TIA
Flow Charters
CATEGORIES
Mr. Bauman said that they have gotten away from small, medium, and large in their definitions.
TRANSPORTATION IMPACT ANALYSIS REPORT OUTLINE
STUDY AREA
DATA COLLECTION
TRIP GENERATION
Mr. Bauman said that they use the cars to generate a base line and then give a reduction based on how close they are to activity centers, calculating the amount of traffic from walkers and bikes. He said that typically the issue in Flagstaff is that the sidewalk is missing.
Vice Mayor Whelan said that the models being used are assumptions rather than reality. Her experience as a community member is that the Council they currently have has changed because of a few issues. She asked if they were doing the best job for their City to anticipate problems, and if not, she asked if this was really all that they need to do or if they need to look at a model that will anticipate the needs of the City.
Mr. Bauman said that sites have been studied all over the country and ther is no national number for high occupancy housing. They have measured everything they have in Flagstaff and come up with custom rates.
TRIP DISTRIBUTION
LEVEL OF SERVICE (LOS) AS DEFINED IN THE HIGHWAY CAPACITY MANUAL (HCM)
PROPOSED MITIGATION
Mr. Bauman said that if there is an existing project and something else happens in close proximity that impacts it, there are a few different ways to address it. If a project becomes approved, those assumptions go into a modeling that the Flagstaff Metropolitan Planning Organization (FMPO) puts out. The Regional Plan has the baseline conditions. The trick is when it will develop. Dave Wessel works with his Technical Advisory Committee (TAC) to model the various scenarios.
Councilmember Barotz said that the process exists, but there is a disconnect. She appreciates that they are trying to get to the crux of the problem, but she asked what they can do to ensure in the future they do not have situations like those that have occurred in the past.
Mr. Bauman said that with the HUB they had a proposal with a fairly simple grid and most of the grids headed to NAU and back. They analyzed 15 intersections and determined they would work fine for the level of service. They are going to have more trips, but that happens with every project. As they do any development, the TIA process makes sure that they won't fail. They will not keep more trips ffrom happening; that is part of development.
Mayor Evans said that she was not speaking about developments that have not been built. Looking at smaller units, such as La Plaza Vieja, there is foot traffic coming across right now that impacts the ability to turn right onto Milton.With the Grove, there are times in that neighorhood when they cannot get out to Butler. They then try to go to Franklin and the foot traffic is constant. Even if 300 people from the HUB are walking across, that is going to have an impact.
Mr. Bauman said that one mitigation at the HUB is they will be providing money to improve the crosswalk on Butler. He said that the small er developments fall under the TIA requirements. He said that as small developments come in, they will not show this type of impact.
Vice Mayor Whelan asked if staff has considered that the process is not the right fit for their City in certain areas. Mr. Bauman said they have not as part of this. He said that if there was something different they want staff to do they are open. He said that small developments do not fit into this process and this type of analysis is very burdensome for a small project.
Vice Mayor Whelan asked how often they have reached out to the public and asked them what they are thinking. She said that the ball is back in staff's court to find a way to make it fit as they have the expertise and the knowledge. They need to come up with a model that is not a one-size fits all, but fits their needs today. Mr. Bauman said that the models that they do today do not show roads that do not function.
Councilmember McCarthy said that he lives near the west side Home Depot, and oftentimes, especially on Friday, coming down Route 66 at Milton it is a nonfuctioning street. There are areas that are not functioning. He said that the cumulative impact needs to be considered. He said that it seems like they only look at the impact of projects a miles away, and some of them are big enough that they should consider the impacts five miles away, such as Woody Mountain Road.
Mr. Bauman said that they are not ignoring it, but each development is allowed to use the capacity on the road that is there today. Until it gets to Level E, it does not have to be mitigated.
Councilmember McCarthy said that perhaps the Council needs to think about having people pay a proportionate amount so that when it all adds up they are prepared to address the impact. Mr. Bauman said that is exactly what they do, such as with the Woody Mountain and Route 66 developments. They have started collecting proportionate shares with the Presidio and Timber Sky.
He said that they looked at other cities in Arizona and Arizona Department of Transportation (ADOT) standards, as well as the Institute of Transportation Engineers (ITE) (some of which were university cities) and found that what Flagstaff is doing is similar to what everyone else is doing, but they still wanted to make improvements, so they created the TIA Manual to help people get through the process. He said that they have started using the manual already. The presentation addressed:
TRANSPORTATION IMPACT ANALYSIS MANUAL
Highlights
ZONING CODE OUTLINES WHEN TIA'S ARE REQUIRED
Regional Plan Amendments
Development Master Plans
Zone Changes
Subdivision Plats
Site Plans
ENGINEERING STANDARDS OUTLINE THE REQUIRED ELEMENTS OF A TIA
Flow Charters
CATEGORIES
Mr. Bauman said that they have gotten away from small, medium, and large in their definitions.
TRANSPORTATION IMPACT ANALYSIS REPORT OUTLINE
STUDY AREA
DATA COLLECTION
TRIP GENERATION
Mr. Bauman said that they use the cars to generate a base line and then give a reduction based on how close they are to activity centers, calculating the amount of traffic from walkers and bikes. He said that typically the issue in Flagstaff is that the sidewalk is missing.
Vice Mayor Whelan said that the models being used are assumptions rather than reality. Her experience as a community member is that the Council they currently have has changed because of a few issues. She asked if they were doing the best job for their City to anticipate problems, and if not, she asked if this was really all that they need to do or if they need to look at a model that will anticipate the needs of the City.
Mr. Bauman said that sites have been studied all over the country and ther is no national number for high occupancy housing. They have measured everything they have in Flagstaff and come up with custom rates.
TRIP DISTRIBUTION
LEVEL OF SERVICE (LOS) AS DEFINED IN THE HIGHWAY CAPACITY MANUAL (HCM)
PROPOSED MITIGATION
Mr. Bauman said that if there is an existing project and something else happens in close proximity that impacts it, there are a few different ways to address it. If a project becomes approved, those assumptions go into a modeling that the Flagstaff Metropolitan Planning Organization (FMPO) puts out. The Regional Plan has the baseline conditions. The trick is when it will develop. Dave Wessel works with his Technical Advisory Committee (TAC) to model the various scenarios.
Councilmember Barotz said that the process exists, but there is a disconnect. She appreciates that they are trying to get to the crux of the problem, but she asked what they can do to ensure in the future they do not have situations like those that have occurred in the past.
Mr. Bauman said that with the HUB they had a proposal with a fairly simple grid and most of the grids headed to NAU and back. They analyzed 15 intersections and determined they would work fine for the level of service. They are going to have more trips, but that happens with every project. As they do any development, the TIA process makes sure that they won't fail. They will not keep more trips ffrom happening; that is part of development.
Mayor Evans said that she was not speaking about developments that have not been built. Looking at smaller units, such as La Plaza Vieja, there is foot traffic coming across right now that impacts the ability to turn right onto Milton.With the Grove, there are times in that neighorhood when they cannot get out to Butler. They then try to go to Franklin and the foot traffic is constant. Even if 300 people from the HUB are walking across, that is going to have an impact.
Mr. Bauman said that one mitigation at the HUB is they will be providing money to improve the crosswalk on Butler. He said that the small er developments fall under the TIA requirements. He said that as small developments come in, they will not show this type of impact.
Vice Mayor Whelan asked if staff has considered that the process is not the right fit for their City in certain areas. Mr. Bauman said they have not as part of this. He said that if there was something different they want staff to do they are open. He said that small developments do not fit into this process and this type of analysis is very burdensome for a small project.
Vice Mayor Whelan asked how often they have reached out to the public and asked them what they are thinking. She said that the ball is back in staff's court to find a way to make it fit as they have the expertise and the knowledge. They need to come up with a model that is not a one-size fits all, but fits their needs today. Mr. Bauman said that the models that they do today do not show roads that do not function.
Councilmember McCarthy said that he lives near the west side Home Depot, and oftentimes, especially on Friday, coming down Route 66 at Milton it is a nonfuctioning street. There are areas that are not functioning. He said that the cumulative impact needs to be considered. He said that it seems like they only look at the impact of projects a miles away, and some of them are big enough that they should consider the impacts five miles away, such as Woody Mountain Road.
Mr. Bauman said that they are not ignoring it, but each development is allowed to use the capacity on the road that is there today. Until it gets to Level E, it does not have to be mitigated.
Councilmember McCarthy said that perhaps the Council needs to think about having people pay a proportionate amount so that when it all adds up they are prepared to address the impact. Mr. Bauman said that is exactly what they do, such as with the Woody Mountain and Route 66 developments. They have started collecting proportionate shares with the Presidio and Timber Sky.
Mr. Maury Herman came forward and said that he was drawing data from the HUB. He was not there to contest, but to talk about the future. He then handed out his comments and the related City's responses, attached hereto as Exhibit D.
Written comments were received by Karen Kinne-Herman regarding the failure of intersections.
After further discussion, it was noted that public comment would be taken, and then the item would be continued to a future date. Further public comment was received from Charlie Silver and Roabie Johnson.
Written comments were received by Karen Kinne-Herman regarding the failure of intersections.
After further discussion, it was noted that public comment would be taken, and then the item would be continued to a future date. Further public comment was received from Charlie Silver and Roabie Johnson.
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Charlie Odegaard to table this discussion to next week (May 23, 2017).
Vote: 7 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova to continue with addressing issues on the agenda (as it was past 9:30 p.m., which requires a formal action).
Vote: 7 - 0 - Unanimously
13.
COUNCIL LIAISON REPORTS
Skipped
Skipped
14.
FUTURE AGENDA ITEM REQUESTS
After discussion and upon agreement by two members of the Council, an item will be moved to a regularly-scheduled Council meeting.
After discussion and upon agreement by two 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 Barotz to Place on a Future Agenda a Discussion on a Rate Study for Potable Water.
Councilmember Barotz said that she was requesting to move up the rate study on potable water.
John Nauman said that he supported items 14A, B and C.
Consensus of Council was to place this item on a future agenda for consideration.
John Nauman said that he supported items 14A, B and C.
Consensus of Council was to place this item on a future agenda for consideration.
B.
Future Agenda Item Request (F.A.I.R.): A request by Councilmember McCarthy to Place on a Future Agenda Discussion of Minor Changes to the Building Code to Facilitate Water Conservation.
Councilmember McCarthy said that there are things that could be done to facilitate water conservation.
Consensus of Council was to move this discussion forward.
Consensus of Council was to move this discussion forward.
C.
Future Agenda Item Request (F.A.I.R.): A Citizens' Petition Requesting Consideration of a Future Resolution Urging the U.S. Congress to Pass Carbon Fee and Dividend Legislation.
Debbie Brown and David Edge came forward and asked that this item be moved forward, and presented copies of informal petitions signed by hundreds of individuals supporting this issue.
Consensus of Council was to move this forward to a future agenda.
Consensus of Council was to move this forward to a future agenda.
15.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Celia Barotz to skip this item.
Vote: 6 - 1
- NAY:
-
Councilmember Scott Overton
16.
ADJOURNMENT
The Regular Meeting of the Flagstaff City Council held May 16, 2017, adjourned at 10:09 p.m.
__________________________________________
MAYOR
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 16, 2017. I further certify that the Meeting was duly called and held and that a quorum was present.
DATED this 6th day of June, 2017.
________________________________
CITY CLERK