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Minutes for City Council Meeting - FINAL

CITY COUNCIL REGULAR MEETING
WEDNESDAY, JULY 5, 2017
COCONINO COUNTY BOARD OF SUPERVISORS CHAMBERS
219 EAST CHERRY
6:00 P.M.

 
MINUTES
 
 
1.
CALL TO ORDER

Mayor Evans called the Regular Meeting of July 5, 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
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 City Council in reciting the Pledge of Allegiance and Councilmember McCarthy read the Mission Statement of the City of Flagstaff.
MISSION STATEMENT

The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
 
4.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
 
A.
Consideration and Approval of Minutes:  City Council Regular Council Meeting of June 20, 2017; and Special Meeting (Executive Session)of June 27, 2017.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova to approve the minutes of the City Council Regular Council Meeting of June 20, 2017; and Special Meeting (Executive Session)of June 27, 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.
•Joe Farnsworth, Flagstaff, asked the Council to form a committee to review the salaries of Council.

The following individuals spoke in opposition to development of the Schultz Pass property for affordable housing:

•Jessica Young
•Aspen Young
•Joe Shannon
•Robert Caskey
•Sarana Riggs
•Emily Peppers
•Melissa Talboom
•Oksana Dresler
•Christine Davidson
•Bradley Luky
•Lawrence Richardsaon
•Laura Carter

Comments received included:

•Grew up in Flagstaff, moved to the Valley and returned 14 years ago. Now raising 4 children.
•People come here as a destination because of the serenity and natural beauty
•They are not against affordable housing, just not at the Schultz Pass location
•She is ten years old and loves the view from their backyard
•Humbly asked the Council to not develop the property as affordable housing
•At some point that area will be developed; the USFS is developing a recreation plan with trailheads
•The City passed nondevelopment area just down the road
•Preservation matters in that area
•Never saw postings of the hearings where he walks
•They care about Flagstaff and its future, and also about affordable housing; just think that parcel is not appropriate
•Should be preserved as open space
•She started a social media group; already have 2300 people on their page; and started a petition
•City's Open Space Commission voted unanimously on April 25, 2017, that the property should be open space
•Ansel Adams' quote, "let us leave a splendid legacy for our children...."
•Thrilled that Flagstaff is considering affordable housing; they need it for the teachers, police, firefighters, etc. that live there. But, that is not the best location because of the transit, lack of nearby facilities that are walkable, etc.
•They live in a tourist town; she's all for affordable housing, but will people come to Flagstaff if they develop that parcel?
•Moved here 30 years ago with $300 to his name. Took a picture on that corner then, and now takes his daughters there. To think it is going to be developed leaves him speechless.
•The town he grew up in in Missouri his father lamented over the urban blight and decay of the inner city.
•There are many ares in central Flagstaff where affordable housing would bring many windfalls.
•Hope that years from now people will look back and be grateful that the Council saved this parcel from development.

The following individuals spoke in favor of development of the Schultz Pass property for affordable housing:

•Devonna McLaughlin
•Susan Immel

Comments received included:

•She was there to support affordable housing, including the Schultz Pass property as part of the package
•Recognizes that affordable housing gets pitted against other values such as open space
•Encouraged Council to move forward with the RFP; they have not committed to anything yet
•Why are the peaks only sacred to the white people for their view?
•They can drive farther out for a view of the peaks

Written comments in opposition to development of the Schultz Pass parcel were submitted by:

•Oksana Dresler
•Jill Sans
•Connie Krug

Written comments in support of developing the Schultz Pass parcel were received from Drida Perkel.

Mayor Evans then recognized City Clerk Elizabeth Burke and Deputy City Clerk Stacy Saltzburg for receiving awards this year from the Arizona Municipal Clerks Association.
 
6.
PROCLAMATIONS AND RECOGNITIONS
 
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).
 
A.
Consideration of Appointments:  Transportation Commission.
It was noted that Melody Varner withdrew her application to be considered for serving on another commission, and they have positions still open.
 

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to appoint Bob Kuhn to be the Flagstaff Unified School District representative on the Transportation Commission.

Vote: 7 - 0 - Unanimously

 

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to appoint Erika Mazza as the Northern Arizona Intergovernmental Transportation Authority (NAIPTA) representative on the Transportation Commission.

Vote: 7 - 0 - Unanimously

 

Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to appoint Derik Spice to the Transportation Commission with a term expiring July 2020.

Vote: 7 - 0 - Unanimously

 
B.
Consideration of Removal and Appointments:  Board of Adjustment.
 

Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to remove Greg Parker from the Board of Adjustment for nonattendance.

Vote: 7 - 0 - Unanimously

 

Moved by Mayor Coral J. Evans, seconded by Councilmember Celia Barotz to table the remainder of this item.

Vote: 7 - 0 - Unanimously

 
8.
LIQUOR LICENSE PUBLIC HEARINGS
Mayor Evans opened the Public Hearing on the following liquor license applications.

Vice Mayor Whelan said, with regard to the KOA application, that there appears to be a store in close proximity to this application and wondered if it was necessary. Sgt. Jay fo the Police Department noted that there are no density restrictions for Series 10 licenses and this particular license is to allow for members camping onsite to not have to travel anywhere.

Mayor Evans then closed the Public Hearing.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova to forward recommendations to the State Department of Liquor Licenses for approval of all of the applications.

Vote: 7 - 0 - Unanimously

 
A.
Consideration and Action on Liquor License Application:  Devangkumar Patel "VP Flagstaff Mall", 4501 N. Hwy. 89, Series 10 (beer and wine store), New License.
 
B.
Consideration and Action on Liquor License Application:  Kathryn Maassen "Flagstaff KOA", 5803 N. US Hwy 89., Series 10 (beer and wine store), New License.
 
C.
Consideration and Action on Liquor License Application:  Lauren Merrett, "The Mayor", 409 S. San Francisco St., Series 12 (restaurant), New License.
 
D.
Consideration and Action on Liquor License Application:  Donald Queen, "Teppan Fuji", 2500 S. Woodlands Village Blvd., Suite 9, Series 12 (restaurant), New License.
 
9.
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 Scott Overton, seconded by Councilmember Eva Putzova to approve the Consent Agenda Items, excluding 9-E.

Vote: 7 - 0 - Unanimously

 
A.
Consideration and Approval of Contract:  Annual Computer Software Maintenance Agreements
Approve payment of annual software maintenance costs in a budgeted amount not to exceed $680,437.95 plus applicable taxes pursuant to contracts with:
  • Harris Enterprise (City Contract No. A2012-0619.1), $147,076.26;
  • Microsoft Enterprise Agreement (Arizona Procurement Office Contract No. ADSPO17-149774), $163,682.50;
  • SirsiDynix (Library) (City Contract No. A2000-1023.1, as amended 10/23/2000), $87,402.98;
  • Intergraph Corp. (Public Safety) for $214,117.00 plus any applicable taxes, and approve its contract renewal;
  • ESRI (GIS), (City Contract No.2016-131), year 2 of a 3 year term, annual cost of $54,475.50;
  • Superion (formerly Sungard) H.T.E. for $13,683.71 (Contract numbers: 2000706, 200050238, 20060930, 20060266)
Above contracts have been budgeted including the increases in the fiscal year 2018 budget. Each contract has been listed with the possibility of adding any applicable sales taxes to be added at a later time. All contract increases have been included in the prices listed above unless otherwise stated
 
B.
Consideration and Approval of Contract: Intergovernmental Agreement between the City of Flagstaff and the National Park Service for dispatch services
Approve the intergovernmental agreement between the City of Flagstaff and the National Park Service to provide dispatch services for the National Park Service.
 
C.
Consideration and Approval of Contract: Intergovernmental Agreement between the City of Flagstaff and the Highlands Fire District for dispatch services.
Approve this Intergovernmental Agreement between the City of Flagstaff and Highlands Fire District to provide dispatch services for Highlands Fire District.
 
D.
Consideration and Approval of Contract:  Intergovernmental Agreement between the City of Flagstaff and the Forest Lakes Fire District for dispatch services
Approve the intergovernmental agreement between the City of Flagstaff and the Forest Lakes Fire Department to provide dispatch services for the Forest Lakes Fire District
 
E.
Consideration and Approval of Street Closure(s):  Orpheum Block Party
Chris Scully, representing the Orpheum Theater, addressed the Council to talk about the 100th Anniversary of the Theater and invite City staff and Council to attend. He added that he spoke with other business owners in the area about the street closure to explain the request.

Councilmember Odegaard thanked Mr. Scully for going around and talking with those affected.
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve the street closure at Aspen Avenue between Beaaver Street and Leroux Street on August 12, 2017, from 9:00 a.m. to 6:00 p.m.

Vote: 7 - 0 - Unanimously

 
F.
Consideration and Approval of Contract:  Amend the current Agreement with Intergraph Corporation doing business as Hexagon Safety & Infrastructure to include a Custom I/LEADS Data Conversion.
Award the amended not-to-exceed amount of $112,408.00 for the I/LEADS Custom Field Data Migration, approved in the FY2018 budget and to be funded out of 001-04-061-0220-2-4231 and authorize the City Manager to sign the Amendment.
 
10.
ROUTINE ITEMS
 
A.
Consideration and Approval of Off-Track Wagering Facility Permit:  TP Racing, LLLP, dba Turf Paradise, located at Porky's Pub Sports Bar and Lounge, 2285 E. Butler Ave.
Sergeant Jay briefly reviewed the application, and noted that security will be provided by their own employees, not by the Museum Club (which was incorrectly noted in the application).

Vice Mayor Whelan asked if any community input was taken regarding the application. Sgt. Jay replied that there is none required. Public comment is to be taken at the Council meeting.

Councilmember Barotz asked if there was a Section 1 and 2 that was not included in the application. Ms. Saltzburg replied that sections 1 and 2 contain personal information about the applicant, so they are excluded from the information provided online.

Councilmember McCarthy asked if they ever had problems with the permit at Museum Club. Sgt. Jay replied that there were not problems specific to the off-track betting.

Vice Mayor Whelan asked how many OTB permits there could be in a community. Sgt. Jay said that he would have to research that and communicate back with Council.

Mr. David Johnson, Vice President of Turf Paradise, came forward to answer any further questions. He said that they had been operating at the Museum Club for 17 years. They have just changed ownership and have decided to go in a different direction. The Museum Club notified Turf Paradise and they found a new location. He said that there is no money paid for the service. The wagering aspect is all predetermined by the state. The state tax, return to winners, etc. is already calculated out. The establishment benefits in increased food and beverage sales.

Mr. Johnson said that the Council has to give their authority first. At any time the Council has the authority to rescind the approval if there is a problem, and they would have to shut down. He said that if this is approved tonight it will then go to the Arizona Department of Racing and they will do background checks on everyone.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Jim McCarthy approve the New Off-Track Wagering Permit for TP Racing, LLLP, dba Turf Paradise at Porky's Pub Sports Bar and Lounge

Vote: 6 - 1

NAY:
Councilmember Charlie Odegaard
 
B.
Consideration of Appointments:  Presiding Magistrate and Magistrates for the Flagstaff Municipal Court.
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve the appointments of Thomas L. Chotena as Presiding Magistrate, Michael Araujo as Magistrate and Paul Julien as On-Call Magistrate.

Vote: 7 - 0 - Unanimously

 
C.
Consideration and Approval of the Design-Build Contract Amendment Two:  Core Services Maintenance Facility – Guaranteed Maximum Price (GMP) #2 for the Phase 2 construction portion of work.
Senior Project Manager Adam Miele said that they are looking at ways to be innovative and save resources, and this is to allow them to take all of the millings from the airport project to the Core Services Facility so they are not wasting that material. When they originally went to rezone and annex, there was 24 acres, but it was reduced to 17 acres while increasing efficiency. He said that they are looking at many different ways of addressing issues, such as their location next to the Clay Avenue Wash Basin and types of paving they are doing. He said that this project will be a huge effort for Public Works. The wash facility will include plumbing that will provide for reclaimed water, once it is available.

Councilmember Overton said that he went out there just after the tree removal. He congratulated the whole team, stating that he was excited to see the utility and infrastructure going in.

Vice Mayor thanked their efforts to make it a sustainable piece that showed forethought in using reclaimed water resources.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova 

to approve Amendment Two to the Design-Build Services Contract ("Amendment Two") with CORE Construction, Inc. for the construction phase services for the Phase 2 portion of work on the Core Services Maintenance Facility in the total amount of $15,545,107.00 with an anticipated substantial completion date of 5/5/2018:
- Base GMP #2 of $14,500,625.00 plus the Owner's Contingency of $575,843.00; and
- Alternative #1 of $468,639.00 to add a fleet vehicle Wash Building;
approve Change Order Authority to the City Manager in the amount of $1,554,510.00 (10% of total amount) 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

 
D.
Consideration and Adoption of Ordinance No. 2017-19:  An ordinance to acquire approximately 112 square feet of real property located at 24 South Mikes Pike  for public right of way purposes.
 

Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2017-19 by title only for the final time.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE FLAGSTAFF CITY COUNCIL AUTHORIZING THE ACQUISITION OF APPROXIMATELY 112 SQUARE FEET OF REAL PROPERTY AT 24 SOUTH MIKES PIKE FOR PUBLIC RIGHT-OF-WAY AND APPROVING REAL ESTATE PURCHASE AND SALE CONTRACTS; PROVIDING FOR SEVERABILITY, DELEGATION OF AUTHORITY, AND ESTABLISHING AN EFFECTIVE DATE

 

Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to adopt Ordinance No. 2017-19.

Vote: 7 - 0 - Unanimously

 
E.
Approval of an Intergovernmental Agreement: related to Consolidation of University Campus and Road Projects, and Adoption of Ordinance No. 2017-20  An Ordinance of the City Council of the City of Flagstaff authorizing abandonment and conveyance of public right-of-way in a portion of Humphreys Street, alley under Drury Inn, alley under High Country Conference Center, a portion of Verde Street, and authorizing conveyance of such properties to the Arizona Board of Regents, in exchange for property of substantially equal value; providing for repeal of conflicting ordinances, severability, and establishing an effective date.  (Exchange properties of substantially equal value)
 

Moved by Councilmember Scott Overton,  to approve the Intergovernmental Agreement with the Arizona Board of Regents and read Ordinance No. 2017-20 by title only for the final time.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF AUTHORIZING ABANDONMENT AND CONVEYANCE OF PUBLIC RIGHT-OF-WAY IN A PORTION OF HUMPHREYS STREET, ALLEY UNDER DRURY INN, ALLEY UNDER HIGH COUNTRY CONFERENCE CENTER, A PORTION OF VERDE STREET, AND AUTHORIZING CONVEYANCE OF SUCH PROPERTIES TO THE ARIZONA BOARD OF REGENTS, IN EXCHANGE FOR PROPERTY OF SUBSTANTIALLY EQUAL VALUE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE

 

Moved by Councilmember Eva Putzova, seconded by Councilmember Scott Overton to adopt Ordinance No. 2017-20.

Vote: 7 - 0 - Unanimously

 
F.
Consideration and Adoption of Ordinance No. 2017-24:  An ordinance of the Flagstaff City Council authorizing the City of Flagstaff to accept 22 acres of real property and providing for the repeal of conflicting ordinances, severability, and establishing an effective date.
 

Moved by Councilmember Eva Putzova, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2017-24 by title only for the final time.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF AUTHORIZING THE CITY OF FLAGSTAFF TO ACCEPT 22 ACRES OF REAL PROPERTY AND PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE

 

Moved by Councilmember Eva Putzova, seconded by Councilmember Jim McCarthy to adopt Ordinance No. 2017-24.

Vote: 7 - 0 - Unanimously

 
G.
Consideration and Adoption of Ordinance No. 2017-25:  An ordinance of the City Council of the City of Flagstaff amending the Flagstaff City Code, Title 2, Boards and Commissions, by adding Chapter 2-24, Creating a Flagstaff Citizens Transportation Tax Commission. 
 

Moved by Councilmember Eva Putzova, seconded by Councilmember Scott Overton to read Ordinance No. 2017-25 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 FLAGSTAFF CITY CODE, TITLE 2, BOARDS AND COMMISSIONS, BY ADDING A NEW CHAPTER 2-24, CREATING A FLAGSTAFF CITIZENS’ TRANSPORTATION TAX COMMISSION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE

 

Moved by Councilmember Eva Putzova, seconded by Vice Mayor Jamie Whelan to adopt Ordinance No. 2017-25.

Vote: 7 - 0 - Unanimously

 
H.
Consideration and Adoption of Ordinance No. 2017-23:  An Ordinance of the City Council of the City of Flagstaff, Amending the Flagstaff City Code, Title 15, Labor, Chapter 15-01, Minimum Wage, Section 15-01-001-0003, Minimum Wage, Section 15-01-001-0007, Civil Penalties and Remedies, and Section 15-01-001-0008, Other Legal Requirements, in furtherance of the purposes of Title 15, providing for repeal of conflicting ordinances, severability, and establishing an effective date. 
 

Moved by Councilmember Eva Putzova, seconded by Councilmember Celia Barotz to read Ordinance No. 2017-23 by title only for the final time.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF CITY CODE, TITLE 15, LABOR, CHAPTER 15-01, MINIMUM WAGE, SECTION 15-01-001-0003, MINIMUM WAGE, SECTION 15-01-001-0007, CIVIL PENALTIES AND REMEDIES, AND SECTION 15-01-001-0008, OTHER LEGAL REQUIREMENTS, IN FURTHERANCE OF THE PURPOSES OF TITLE 15, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE

 

Moved by Councilmember Eva Putzova, seconded by Councilmember Celia Barotz to adopt Ordinance No. 2017-23.

Vote: 7 - 0 - Unanimously

 
11.
REGULAR AGENDA
 
A.
Consideration and Adoption of Ordinance No. 2017-21: An ordinance levying upon the assessed valuation of the property within the City of Flagstaff, Arizona, subject to taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the Annual Budget, less the amount estimated to be received from other sources of revenue; providing funds for various bond redemptions, for the purpose of paying interest upon bonded indebtedness and providing funds for general municipal expenses, all for the Fiscal Year ending the 30th day of June, 2018.  (Primary and secondary property tax levies for FY 2017-2018)
 

Moved by Councilmember Eva Putzova, seconded by Councilmember Celia Barotz to read Ordinance No. 2017-21 by title only for the final time.

Vote: 6 - 1

NAY:
Councilmember Scott Overton

AN ORDINANCE LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY OF FLAGSTAFF, ARIZONA, SUBJECT TO TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, LESS THE AMOUNT ESTIMATED TO BE RECEIVED FROM OTHER SOURCES OF REVENUE; PROVIDING FUNDS FOR VARIOUS BOND REDEMPTIONS, FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS AND PROVIDING FUNDS FOR GENERAL MUNICIPAL EXPENSES, ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2018

 

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Eva Putzova to adopt Ordinance No. 2017-21.

Vote: 6 - 1

NAY:
Councilmember Scott Overton
 
B.
Consideration and Adoption of Ordinance 2017-22:  An ordinance of the City Council of the City of Flagstaff, amending Title 13 of the Flagstaff City Code, Engineering Designs Standards and Specifications for New Infrastructure, to provide for revised standards; providing for penalties, repeal of conflicting ordinances, severability, and establishing an effective date; and

Consideration and Adoption of Resolution 2017-22:  A resolution of the City Council of the City of Flagstaff, declaring as a public record that certain document filed with the City Clerk and entitled "2017 Amendments to Flagstaff City Code, Title 13, Engineering Design and Construction Standards and Specifications for New Infrastructure."
 

Moved by Councilmember Eva Putzova, seconded by Councilmember Celia Barotz to adopt Resolution No. 2017-22.

Vote: 7 - 0 - Unanimously

 

Moved by Councilmember Eva Putzova, seconded by Councilmember Celia Barotz to read Ordinance No. 2017-22 by title only for the final time.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING TITLE 13 OF THE FLAGSTAFF CITY CODE, ENGINEERING DESIGN STANDARDS AND SPECIFICATIONS FOR NEW INFRASTRUCTURE, TO PROVIDE FOR REVISED STANDARDS; PROVIDING FOR PENALTIES, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE

 

Moved by Councilmember Eva Putzova, seconded by Vice Mayor Jamie Whelan to adopt Ordinance No. 2017-22.

Vote: 7 - 0 - Unanimously

 
C.
Consideration and Approval of Contract:  Approve the Construction Contract for the Bushmaster Park Reclaimed Water Booster Pump Station.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to approve the construction contract with Schofield Civil Construction, LLC for the construction of the Bushmaster Park Reclaimed Water Booster Pump Station, for a total contract price not to exceed $852,600 and a 240 calendar day contract time; and authorize the City Manager to execute the necessary documents.

Project Manager Justin Emerick gave a short PowerPoint presentation to review the project, which included:

PUMP STATION LOCATION
WHY - BENEFITS
COMMUNITY INVOLVEMENT

Discussion was held on the noise that may come from the pump station. It was noted that the pumps will be within a closed building and the only door and vents will be facing toward the park and away from the residences. Mr. Emerick added that they are installing double gaskets around the door as well as acoustical dampening insulation. He said that the few comments receives at the Parks and Recreation Commission meeting were related to noise. Staff does feel confident that they have a good system, but they are always willing to consider and incorporate any additional designs that are found to be needed.
 

Vote: 6 - 0

Vice Mayor Whelan was out of the room at the time of the vote.
 
12.
COUNCIL LIAISON REPORTS
Councilmember Putzova reported that she and Mayor Evans attended the meeting of ECoNA (Economic Collaborative of Northern Arizona) and they received an interesting presentation about an expansion of Lowell Observatory and they will hear more about it as they go out into the community.

Mayor Evans said that they also saw a draft report re workforce housing done by ECoNA that will be coming forward in October.
 
13.
DISCUSSION ITEMS
 
A.
Fourth Street Bridge Future Intergovernmental Agreement Direction
Community Development Director Mark Landsiedel gave a PowerPoint presentation regarding the future of the Fourth Street Bridge and the direction of an intergovernmental agreement with the Arizona Department of Transportation (ADOT).

4th STREET/I-40 BRIDGE REPLACEMENT
Mayor Congestion Point
Necks Down to 2 Lanes
19,000 Vehicles/Day
LOS (Level of Service) E
2040 Traffic Doubles
I-40 ADOT Plans 6 Lanes

4th STREET/I-40 BRIDGE REPLACEMENT
April 7 Letter to the State Transportation Board
    Urgency to Form Partnership
    ADOT - $1.8 Million bridge repairs
    City - March JPA
        $60,000 towards Project Assessment
    Total Project Cost - $9 Million
        Based on City TIGER Grant
    City Partner up to $5 Million
        Transportation Tax Funding
May 15 Letter to State Transportation Board
    Total Project Cost $9 Million
    City Contribution $5 Million
    ADOT Avoids - $2 Million Maintenance Cost
    ADOT Program - Design FY19/Building FY20

He said that the ADOT Board directed their staff to move forward. Once this is approved by the Council they will be able to be in the state improvement program.

DEAL POINTS
1) Cost $9M ($1M Design - $8M Build)
2) Share: $4M State / $5M City (45/55)
3) Overruns: 50/50
4) City Design Funding:
    a. 55% Costs in FY18; or
    b. Total in FY18 - Get "credit"
5) Construction Funding:
    a. Balance of $5M in FY20

He said that Ms. Merrick is checking with the State to see if they can come up with money or if the City will have to front it.

Vice Mayor Whelan asked if they were talking about lowering the fund balance from $20 million to $19 million. Mr. Landsiedel said that when they look at the capital programs they look at the fund balance differently; they spend it down to zero. An example is the transportation tax--they raise $7 to $8 million a year and the goal is to spend it.

6) ADOT Programming:
    a.  $1M - FY18 Design
    b. $8M - FY20 Construction
7) ADOT Performs: Design and Construction
8) City Right of Way - Provided at no cost

Councilmember Overton thanked staff for moving the needle on this need; it was good to see it moving again. He said that they need to be respectful to Gore. He asked how they look to the south for property acquisition all the way to Butler. Mr. Landsiedel said that as part of the TIGER grant it shows the entire area, all the way down to Butler and 4th Street. They will put that in again this year; they are hoping that with ADOT's partnership they will see it come through. He noted that there is still some right of way to acquire. He said that they also have some money to partner with Canyon Del Rio; that all plays into this plan.

Councilmember Odegaard congratulated staff and Ms. Merrick for helping push this along.

 
 
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.
 
A.
Future Agenda Item Request (F.A.I.R.): A Citizens' Petition Requesting Consideration of Council Action to Oppose Uranium Transport (Cit. Pet. #2017-02).
The following individuals addressed the Council asking that they prohibit the hauling of uranium through Flagstaff:

•Sarana Riggs
•Tyler Linner
•Kim Swanson Linner

Comments received included:

•Vehicles are not required to be labeled and will only be covered with tarps
•They have announced that they will start transporting this summer
•NAU researchers are engaged in studies to address environmental impacts
•Currently they have resolutions in opposition from Cameron, Monument Valley, Hualapai
•Flagstaff is the gatekeeper; although this route goes 180 miles north through the Navajo Nation, the roads are owned by the federal government and there is no oversight
•Flagstaff owns a very small port of this route; it is in their health and moral interests to shut down the route
•5 Million visitors a year come through Flagstaff
•There are closed uranium mines on the Navajo Nation; they have been raped of the mineral rights
•It is wrong of the US government to do this
•Mine drilling impacts the water and air, traveling around the world in 30 days

Mark Chalmers, President and CEO of Energy Fuels, the owner of the mine said that he graduated from the University of Arizona and owned a home in Flagstaff. They are not going to haul soon and the routes are not through Flagstaff. He said that the trucks will be covered, marked and labeled. The company operates responsibly. He submitted a response to the petition (Exhibit A).

Mr. Chalmers said that the ore to be transported is low risk. It is far less a risk than materials that go through Flagstaff daily on the rails and trucks. He knows that there have been issues on the Navajo Nation, mainly going back to the 40's, 50's and 70's when there were no regulations, but things have changed.

He said that his company works to assist with clean up of the uranium projects. He said that 35% of the electricity in the State of Arizona comes from nuclear power. He said that he is proud of Canyon Mine and what it represents for the State of Arizona.

Councilmember McCarthy asked how much integrity there was in a tarp to keep in the ore dust, and asked about the possibility of a closed truck. Mr. Chalmers said that per DOT transportation requirements this is what is required. It is not highly radioactive.

Mr. Chalmers said that they looked at a number of routes and the preferred route was north of the San Francisco peaks across Tusayan and across Babbitt Ranches. He said that their facility at White Mesa in Utah is the only facility in the United States where they can take any type of material and turn it back into energy. He has worked with the Navajo Nation a large part of his career. He has a lot of empathy and would not stand there if he did not believe in what he did.

Mayor Evans asked if they have a plan on how to clean up the other mines. Mr. Chalmers said that the Navajos have a high preference to remove the material and take it somewhere. They are working with a number of companies to clean up areas. He said that there have been a lot of lessons learned.

Vice Mayor Whelan said that in her minimal research they talked about international standards of transporting uranium ore and they spoke about ore being placed in metal drums. She asked if that could be part of his plan. Mr. Chalmers said that the ore they are transporting is in its natural state. He said that there are many types of hazardous materials much more dangerous than this. That is one of the stigmas they deal with.

Vice Mayor Whelan thanked Mr. Chalmers for attending the meeting this evening to speak to them.

Councilmember McCarthy said that he used to be a member of the Grand Canyon Historical Society and they had a meeting at the rim overlooking the Orphan Mine. He had asked the man who used to manage the mine about the health effects on the miners and the manager told him that almost everyone that worked there got cancer.

Mr. Chalmers said that is correct; just like many other things they have learned from the past and they did not do sampling at that time. He said that people get cancer from different things; it is still being studied. He said that he was happy to come and talk with others, including those opposing them; he was committed to doing things right.

The following individuals addressed the Council:

•Susan Immel
•Candi Corrales

Comments included:

•This is clearly an issue of environmental racism.
•Don't think it would be a discussion if it was not related to the Navajo and indigenous people
•It would make a huge impact for the City to make a statement that there should be no uranium mining near the Grand Canyon or in northern Arizona
•Asked that the Council puts this item on an agenda

The following individuals submitted written comment cards supporting this item being placed on a future agenda:

•Dawn Dyer
•James Anders
•Weslee Armijo
•Faustino Armijo
•Alejandra Espinoza
•Candi Ozomahtle
•Lyncia Begay

Councilmembers agreed to move this item to a future agenda.

Mayor Evans said that regardless of whether things have changed now, she reminded people that in the 30's, 40's and 50's they were testing bombs outside of Nevada--her Mom was a "downwinder" and died of breast cancer. Before there was no cancer in her family. She has now had it twice and her daughter is being tested. While they have changed and have grown, future generations pay for what happened.
 
B.
Future Agenda Item Request (F.A.I.R.): A request by Councilmember Odegaard to Place on a Future Agenda a Discussion on a Possible Charter Amendment to Reduce the Signature Requirement for City Elections.
Councilmember Odegaard said that he had recently asked staff how many signatures would be needed for someone to run in 2018 and was told the minimum was 1,313 and maximum would be 2,626. He was requesting a F.A.I.R. item to talk about this further and consider a change to be placed on the 2018 ballot.

Councilmember Barotz said that she appreciated where he was coming from, but she could not support it. Fundamentally, she said, it is a bad strategy to start changing the rules when they do not like the turnout. She did not think that the numbers were unrealistic or impossible to reach.

With no further support, this item will not move forward.
 
C.
Future Agenda Item Request (F.A.I.R.): A request by Councilmember McCarthy to Place on a Future Agenda a Discussion on Treating E-cigarettes and Vaping the Same as Other Tobacco Products in the Code.
The following individuals addressed the Council in support of further discussion on treating e-cigarettes and vaping the same as other tobacco products in the Code:

•Trinity Gencarelle, Junior at Coconino High School and member of CATS
•Veronica Vargas, Junior at Coconino High School
•Nevaeh Nez, Flagstaff High School and member of ASAP

Comments received included:

•Regulation of e-cigarettes includes manufacturing practices and distribution and allows communities to take action by treating e-cigarettes as a regular commercial tobacco
•They are making a difference; the goal is to include e-cigarettes in all City Codes regarding smoking and tobacco use
•Has become a major public health concern in youth and adults
•Common misconception is that it is only water vapor; have found that to be untrue; contains nicotine, propylene glycol, causing asthma
•Goal is to spread awareness
•Kids are trying them more and more

Council concensus was to move this issue forward to a future agenda for discussion.
 
15.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
Vice Mayor Whelan asked how the City could proceed with the Memorandum of Understanding with the Hopi Nation. She asked how the City could move forward the conversation on the Snowbowl reclaimed water supply filtration system. She also said that she would like to begin a discussion on more visibility and coverage by the Flagstaff Police Department in the downtown area.

Councilmember Barotz asked they the City manager put the reclaimed water rate issue back on an agenda in September or late August since it is a stop gap measure. She asked if there was any way in moving forward with the RFP for the consultant to evaluate the reclaimed water rates; it would be great to think outside the box to incentivize the rehabilitation of buildings in the inner part of town. If there are properties for sale, she asked if they could look for those where there is transit and shopping.

Councilmember Barotz requested a F.A.I.R. item on license versus easement across open space.

Councilmember Odegaard said that it seems that the F.A.I.R. items are getting extensive. He does not think they have the staff to get through the list they have. He suggested that they allow so many for each member of Council.

Mr. Copley said that they could bring back the Rules of Procedure for a more global discussion. Council agreed.

Councilmember McCarthy said that he went to a meeting with legislators regarding the public safety pension funds and its underfunding. He said that Flagstaff has some issues, but others have much larger issues. It was very informative and he knows they will be discussion it during budget.

Mayor Evans said that there was discussion last year about the air B&B and vacation rentals, and she asked for information on how the City is treating those rentals, how the property tax is charged, etc.

A brief discussion was held and it was decided to hold a special council meeting at 10:00 a.m. on Friday regarding the City's RFP on affordable housing. Mr. Copley said that staff would work diligently to find a location.
 
16.
ADJOURNMENT
The Regular Meeting of the Flagstaff City Council held July 5, 2017, adjourned at 8:39 p.m.
 
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MAYOR                                                          
ATTEST:

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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 July 5, 2017. I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 15th day of August, 2017.     


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CITY CLERK