TUESDAY, JUNE 6, 2017
COCONINO COUNTY BOARD OF SUPERVISORS CHAMBERS
219 EAST CHERRY
6:00 P.M.
Mayor Evans called the Regular Meeting of the Flagstaff City Council held June 6, 2017, to order at 6:00 p.m.
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: MAYOR EVANS VICE MAYOR WHELAN COUNCILMEMBER BAROTZ COUNCILMEMBER MCCARTHY COUNCILMEMBER ODEGAARD COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: NONE |
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
None
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.
•Joan Martini, Flagstaff, regarding the noise associated with the Hullaballoo
•Gordon Watkins, Flagstaff, regarding the noise associated with the Hullaballoo
•Davonna McLaughlin, representing Housing Solutions of Northern Arizona, supporting the consideration of three parcels of land for affordable housing
•Andy Fernandez, Flagstaff, concerns with affordable housing
Mr. Bertelsen thanked the Mayor and Council and invited everyone to next week's celebration.
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1).
Moved by Councilmember Eva Putzova, seconded by Councilmember Jim McCarthy to reappoint Robert Duke to the Commission on Diversity Awareness, term to expire September 2019.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Eva Putzova to appoint Elizabeth Foley to the Commission on Diversity Awareness, term to expire September 2019.
Vote: 7 - 0 - Unanimously
Vice Mayor Whelan asked if there was any kind of recommended ratio for liquor licenses to population, and how the City was doing. Deputy Police Chief Walt Miller said that he could not answer that; according to Arizona Revised Statutes there is no set guideline for such a matrix. He said that one of the applications is for a restaurant and the other is for a Series 7, beer and wine, to allow Mother Road Brewery to sell to themselves from their new facility.
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to forward a recommendation to the State Department of Liquor Licenses and Control for approval of both applications.
Vote: 7 - 0 - Unanimously
All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items.
Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova to approve the Consent Agenda (approve the not-to-exceed award of $297,625.30 for 386 acres of completed forest treatment work on Section 8, Observatory Mesa Natural Area, to Perkins Timber Harvesting LLC of Williams AZ. Treatment work to include cutting, decking, and removal of wood products, and grinding and removal of debris or piling of debris for later burning).
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to approve the funding of the five (5) year AXON Taser Assurance Plan contract in the amount of $430,344.36 to AXON for the Axon Flex body-worn cameras. In FY 19 we will be required to pay $245,753.51 and $46,130.09 every year after for four (4) years with shipping of $70.49.
Vote: 7 - 0 - Unanimously
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Charlie Odegaard to rescind the award of conttract from February 7, 2017.
Vote: 7 - 0 - Unanimously
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Celia Barotz to reject statement of qualifications.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Celia Barotz, seconded by Councilmember Jim McCarthy to direct staff to procure a new statement of qualifications with expanded scope of work and budget.
Vice Mayor Whelan thanked everyone for reconsidering this as it makes sense to do the whole project at one time.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2017-14 by title only for the final 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
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to adopt Ordinance No. 2017-14.
Vote: 7 - 0 - Unanimously
Councilmember Barotz asked Mr. Brooks (representing the developer) to come forward and then asked if he would be agreeable to adding language to the contract to address liquidated damages. Mr. Brooks said that it would be difficult to answer that without specific figures. He said that the current sales agreement provides the opportunity for the City to take action if there is a shortfall in the job creation requirement.
Moved by Councilmember Celia Barotz, seconded by Councilmember Eva Putzova to recess into Executive Session.
Vote: 6 - 1
- NAY:
-
Councilmember Scott Overton
Mayor Evans asked Mr. Brooks if he had had a chance to consider the previous question. Mr. Brooks said that he would like a continuance of this item for further discussion with City staff to find language that is acceptable to everyone.
Discussion was held on whether a motion could be made to be contingent upon agreement of all parties. Councilmember Barotz said that she would like to do this project and if they decided that the liquidated damages did not work, the City would want to move forward.
Senior Assistant City Attorney Christina Rubalcava noted that the ordinance just approves the sale of the property; the sales agreement is where liquidated damages would be addressed.
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Celia Barotz to read Ordinance No. 2017-17 by title only for the final 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
Moved by Councilmember Celia Barotz, seconded by Councilmember Eva Putzova to adopt Ordinance No. 2017-17.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Celia Barotz, seconded by Councilmember Scott Overton to approve the Purchase and Sale Agreement with Greentree Hospitality Group.
Vote: 7 - 0 - Unanimously
The following individuals spoke in support of the proposed ordinance:
•Abigail Sedillo, President of CATS
•Tara Salce, Pediatric Nurse
The following individual spoke in support of the City focusing on support of smoking cessation programs:
•Emma McVeigh
Councilmember Putzova said that last time she was the only one voting against this. She thinks that their regulations should be accomplishing their goals. She has heard that they are to protect residents and model behavior that discourages tobacco use. The way this ordinance is structured, she believes is still not protecting the residents. She said that those people that smoke are often from the lower socioeconomic part of their society and use tobacco to deal with stress. This ordinance will criminalize people that are already under stress.
She also asked about ceremonial use of tobacco. Mr. Solomon said that there was a provision that excludes ceremonial use of tobacco. That is already written in the Code. Councilmember Putzova asked if they could post signs that are not rooted in the ordinance.
Councilmember Overton asked Mr. Copley to walk through the enforcement piece of the ordinance when someone is smoking in a park. Mr. Copley said that this will be complaint driven. If they received a call at the Police Department, 774-1414, they would then refer it to the County Health Department, but they would not do that in the parks or cemetery. This would not preclude the police officers from engaging with individuals. If they are there and someone is smoking they have the ability to have them put them out. Councilmember Overton said that he wants to avoid the need for more officer.
Vice Mayor Whelan said that she would like to see them have some kind of kind and loving signs stating it is a No Smoking area. Mr. Copley said that he would work with staff, but there is a budgetary concern as well as the issue of sign proliferation.
Mr. Solomon said that the penalty provisions in Title VII is under 7.05.001.0010. He said that it is a criminal offense, but it is the lowest of all criminal offenses.
Ross Altenbaugh, Director of Flagstaff Shelter Services, applauded the efforts of the students, but encouraged Council and all parties to think through how this is enforced and what it would mean for those without anything.
Mayor Evans thanked the individuals that brought this forward and said she appreciated their passion and civic engagement. She said that she looks at the enforcement aspect similar to the bicycle helmet ordinance. She said that she did not think they should assume that this ordinance will call out those in the lower socioeconomic groups. A lot of times when they talk about certain ordinances, they bring in certain groups of people and use them to tell a story. There are people that smoke from all socioeconomic backgrounds.
Councilmember Barotz thanked everyone that spoke and the different perspectives were revealing to her when it was brought forward. She is quite concerned that from a practical standpoint it is those smoking in the parks that may be homeless will be asked to move to the sidewalk and gather there because they don't have anywhere else to go.
Councilmember Putzova noted that the connection between poverty and smoking is something that has been studied; there are high incidents in that population. Mayor Evans said that she grew up in Siler Homes and there were several families living there that did not smoke.
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Ordinance No. 2017-18 by title only for the final time.
Vote: 6 - 1
- NAY:
-
Councilmember Eva Putzova
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF FLAGSTAFF, COCONINO COUNTY, ARIZONA, AMENDING FLAGSTAFF CITY CODE TITLE 7, HEALTH AND SANITATION, CHAPTER 7-05, SMOKEFREE AIR BY PROHIBITING SMOKING ON PARK PROPERTY OR WITHIN A REASONABLE DISTANCE OF PARK PROPERTY; ESTABLISHING SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to adopt Ordinance No. 2017-18.
Vote: 6 - 1
- NAY:
-
Councilmember Eva Putzova
None
CONSIDERATION OF USER FEE ADOPTION
Overview
BUILDING PERMIT CALCULATIONS
Overview
Process Overview
Discussion was held on the issue of the 2009 study recommending changes, but those were not always carried through as recommended. Mr. Tadder explained that each time a study is done recommendations are made, but it is the Council's decision as to what fees they are comfortable with charging. Mr. Tadder explained that over time, as costs go up and units change, they cannot always hit those targets.
FULL COST CALCULATION
DECISION MAKING FLOW CHART
PLANNING, ENGINEERING AND FIRE DEPARTMENT OUTREACH
OVERVIEW OF DOCUMENTS
Planning Director Dan Folke then came forward to review the planning and development section of the study.
PLANNING AND DEVELOPMENT SERVICES
Discussion was held on the application of fees to individuals versus large developers, and the fact that they must all be charged the same. Mr. Folke noted that the fees are based on application, not applicant. It is against the law the charge different fees based on applicant.
CONCEPT PLAN
BUILDING PERMIT AND PLAN REVIEW
At this time City Engineer Rick Barrett came forward.
ENGINEERING SECTION
History of User Fees
User Fee Results
TABLE
ENGINEERING SECTION
Fire Chief Mark Gaillard then came forward to review the fees associated with Fire.
FIRE DEPARTMENT
Special Even Permits
Operation Permits and Construction Permits
Brief discussion was held on fees related to Special Events. Chief Gaillard said that it is difficult to compare Special Events because there are so many variables, such as whether they have cooking, tents, etc.
EXAMPLES OF IMPACTS TO CUSTOMERS
Moved by Councilmember Celia Barotz, seconded by Councilmember Eva Putzova to read Ordinance No. 2017-16 by title only for the first time.
Brief discussion was held on the fees meeting the goals of the Council. It was noted that since the Council has a goal of providing affordable housing, the fees would still need to be the same, but they could be offset by another fund to address that goal.
Vote: 5 - 2
- NAY:
-
Councilmember Scott Overton
Councilmember Charlie Odegaard
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA AMENDING THE FLAGSTAFF CITY CODE, TITLE 3, BUSINESS REGULATIONS, CHAPTER 3-10, USER FEES, TO INCREASE OR MODIFY FEES FOR PLANNING, ENGINEERING, AND FIRE DEPARTMENT SERVICES AND AMENDING PROCEDURES RELATED TO ANNUAL REVIEW AND ADJUSTMENT OF FEES; AMENDING TITLE 4, BUILDING REGULATIONS, CHAPTER 4-03, INTERNATIONAL BUILDING CODE, TO PROVIDE FOR ADOPTION OF FEES BY RESOLUTION; PROVIDING FOR PENALTIES, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to continue the meeting since it was past the 9:30 p.m. deadline.
Vote: 6 - 1
- NAY:
-
Councilmember Celia Barotz
Moved by Councilmember Jim McCarthy, seconded by Councilmember Eva Putzova to read Resolution No. 2017-21 by title only.
Vote: 4 - 2
- NAY:
-
Councilmember Scott Overton
Councilmember Charlie Odegaard
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, ADOPTING A REVISED METHODOLOGY FOR CALCULATING BUILDING PERMIT FEES, INCREASING FEES FOR BUILDING PERMITS, AND ESTABLISHING AN EFFECTIVE DATE
FY2018 BUDGET TIMELINE
Schedule A
FY 2018 BUDGET HIGHLIGHTS
HIGHLIGHTS OF CHANGES SINCE APRIL BUDGET SESSION
CARRYOVERS
CITY OF FLAGSTAFF PROPERTY TAX
CITY OF FLAGSTAFF FY2018 BUDGET
Brief discussion was held on the increased property tax. Ms. Suda explained that when they went to the voters they agreed to keep a flat rate of .8366, but with increased valuation, this number is increasing.
Councilmember Putzova asked Council to consider decreasing the reserve of 20% to 19%, as they have heard from professional auditors, financial advisors, etc. that these are normally at 15% and the City is significantly over that amount. She said that it would free up just under $600,000 which could be put toward affordable housing and make a greater impact on that need.
Councilmember McCarthy asked if the user fees were reflected in the budget. Ms. Suda said that they are included somewhat.
Councilmember Odegaard said that they talked about the budget having 7% going toward police and fire. He has been hearing from the community that maybe it should go to a specific fund rather than the General Fund. Mr. Tadder said that they would have to look into that, restricting General Fund revenues as it would impact their five-year planning. Councilmember Overton said that he would not be interested in going down that road. He appreciates having a flexibility and thinks it is wrong to say that revenues are going to the public safety budget. The entire General Fund is a result of property tax and they have allocated to specific divisions. The General Fund has flexibility with good reason.
Rick Lopez, Flagstaff, addressed the Council noting that the less affluent are the ones that will be impacted the most by the property tax increase. In 2018, the City will be going back to those same voters asking to extend the sales tax for a major transportation bond for the next 20 years.
Ms. Suda noted that the proposed increase in the secondary property tax for a $300,000 valued home would be about $17 annually.
Councilmember Overton said that he would support the Tentative Budget, but he will not support the property tax increase.
Moved by Councilmember Eva Putzova, seconded by Vice Mayor Jamie Whelan to read Resolution No. 2017-19, with the amendment to reduce reserves by 1% and use the increased revenues toward affordable housing.
Vote: 2 - 4
- AYE:
-
Councilmember Eva Putzova
Vice Mayor Jamie Whelan
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to read Resolution No. 2017-19 by title only.
RESOLUTION OF THE COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA ADOPTING THE TENTATIVE ESTIMATES OF THE AMOUNTS REQUIRED FOR THE PUBLIC EXPENSE FOR THE CITY OF FLAGSTAFF FOR THE FISCAL YEAR 2017-2018; ADOPTING A TENTATIVE BUDGET; SETTING FORTH THE RECEIPTS AND EXPENDITURES; THE AMOUNT PROPOSED TO BE RAISED BY DIRECT PROPERTY TAXATION; GIVING NOTICE OF THE TIME FOR HEARING TAXPAYERS, FOR ADOPTING OF BUDGET AND FOR FIXING THE TAX LEVIES
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to adopt Resolution No. 2017-19.
Vote: 6 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to read Resolution No. 2017-01 by title only.
Vote: 6 - 0 - Unanimously
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF ADOPTING MANAGEMENT POLICIES FOR LEGALLY-DESIGNATED OPEN SPACE PROPERTIES
Councilmember Overton said that he did not agree with everything in it, but they are trying to manage property that is unique to the City.
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to adopt Resolution No. 2017-01.
Vote: 6 - 0 - Unanimously
COUNCIL DIRECTION & STAFF RESPONSIBILITIES
PUBLIC PARTICIPATION PROCESS
CONDUCTING RISK ASSESSMENT PER PROPOSAL
HOW MUCH $ ARE WE TALKING ABOUT?
Total $776,433.20
HOW MUCH $ FOR EACH CATEGORY?
Public Service (15% cap)
Remaining $548,248
PUBLIC SERVICE PROPOSALS
HOUSING FUNDING AVAILABLE
Ross Altenbaugh, Flagstaff Shelter Services, thanked the Council, noting that last year they increased their housing capacity and overflow shelter support. They are now housing two individuals experiencing homelessness a week. With the expansion of overflow services, they have seen a 75% decrease in exposure deaths.
Janet Regner, Director of Community Services, also thanked the Council for all of their support for staff and their work, and the City's commitment to CDBG. She said that it takes everyone working together.
Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to read Resolution No. 2017-16 by title only.
Vote: 6 - 0 - Unanimously
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA APPROVING THE CITY OF FLAGSTAFF 2017/2018 ANNUAL ACTION PLAN AND AUTHORIZING ITS SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to adopt Resolution No. 2017-16.
Vote: 6 - 0 - Unanimously
AN ORDINANCE OF THE FLAGSTAFF CITY COUNCIL AMENDING THE FLAGSTAFF CITY CODE, SECTION 6-02-001-0001, FAILURE TO CONTROL DOG, BY MAKING IT UNLAWFUL FOR A DOG TO BE AT LARGE WITHIN THE BOUNDARIES OF THE CITY, PROVIDING FOR SEVERARILITY AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2017-17 by title only.
Vote: 5 - 0 - Unanimously
Mr. Travis reviewed the following:
SESSION STATS
2017 ISSUES
2017 COMMERCE BILLS
Manufacturing Infrastructure
GPLET
Prosperity Districts
2017 BILLS OF INTEREST TO FLAGSTAFF
Municipal ID Card Regulation
Opiods
RICO Funds
VOTING ISSUES
Initiative Standard of Revuew
Circulator Payment
City Sales Tax Consolidated Dates
BUDGET
GUN BILLS PASSED
GUN BILLS FAILED
Mr. Travis said that there was an effort at the beginning of the session regarding sales tax reform. The desire is to go back and look at what they have done with construction sales tax, and whether it should be a point of sale, and then figure a new distribution method. When the budget was bogged down there was another effort to get it before the legislature, but it did not happen. There will be work again this summer and he thinks they will see that as a stand along sale or a much larger sales tax change, with elimination of some exemptions and a change in rate.
After discussion and upon agreement by two members of the Council, an item will be moved to a regularly-scheduled Council meeting.
Charlie Silver, Stand Up for Flagstaff, would like to have a seat at the table to discuss this.
Others supported this request and it will be moved to a future agenda.
Mr. Copley said that staff is working with their sound engineers and others to address the bass levels. It will take some research, but staff is moving forward on this issue.
Mayor Evans said that there were also issues with this at Ponderosa Park, and she also has an issue with the officer stating that they should take it up with the Council.
Mr. Copley noted that the Management Intern is working on talking points memo for the property tax levy increase and they will receive that tomorrow.
MAYOR
__________________________________
CITY CLERK
CERTIFICATION
DATED this 20th day of June, 2017.
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CITY CLERK