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Minutes for City Council Work Session

 WORK SESSION
TUESDAY, OCTOBER 10, 2017
COUNCIL CHAMBERS
211 WEST ASPEN AVENUE
6:00 P.M.
 



WORK SESSION
 
1.
CALL TO ORDER

Mayor Evans called the meeting of October 10, 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.
Pledge of Allegiance and Mission Statement

The Council and audience recited the Pledge of Allegiance and Councilmember Odegaard read the Mission Statement of the City of Flagstaff.
MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
 
3.
ROLL CALL
NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means.
PRESENT:

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

NONE







Others present: City Manager Josh Copley and City Attorney Sterling Solomon.
 
4.
Public Participation

Public Participation enables the public to address the council about items that are not on the prepared agenda. Public Participation appears on the agenda twice, at the beginning and at the end of the work session. You may speak at one or the other, but not both. Anyone wishing to comment at the meeting is asked to fill out a speaker card and submit it to the recording clerk. When the item comes up on the agenda, your name will be called. You may address the Council up to three times throughout the meeting, including comments made during Public Participation. Please limit your remarks to three minutes per item to allow everyone to have an opportunity to speak. At the discretion of the Chair, ten or more persons present at the meeting and wishing to speak may appoint a representative who may have no more than fifteen minutes to speak.
Dawn Tucker addressed Council with concerns about the process to institute parking permits on a residential block.
 
5.
Preliminary Review of Draft Agenda for the October 17, 2017, City Council Meeting.*
* Public comment on draft agenda items may be taken under “Review of Draft Agenda Items” later in the meeting, at the discretion of the Mayor. Citizens wishing to speak on agenda items not specifically called out by the City Council for discussion under the second Review section may submit a speaker card for their items of interest to the recording clerk.

None
 
6.
Indigenous Youth STEM Academy at Picture Canyon
Sustainability Specialist Betsy Emery introduced Open Space Events and Outreach Coordinator Erin O’Keefe who provided a PowerPoint presentation that covered the following:
 
INDIGENOUS YOUTH STEM ACADEMY (IYSA)
IYSA - PROGRAM OVERVIEW
IYSA – 2017 PARTICIPANTS
IYSA – 2017 OUTCOMES
IYSA – 2018
 
Vice Mayor Evans stated that she is appreciative of the program and looks forward to seeing it grow and reach a higher number of people.
 
A break was held from 6:11 p.m. through 6:16 p.m. to allow Council the opportunity to welcome members of the Indigenous Circle of Flagstaff to the Council Chambers.
 
7.
Indigenous Circle of Flagstaff Presentation
Assistant to the City Manager Caleb Blaschke provided some background history on the Indigenous Circle of Flagstaff and introduced Chris Jocks. The following members of the Indigenous Circle of Flagstaff also introduced themselves:
  • Rose Tsosie
  • Nikaus Marks
  • Viki Blackgoat
  • Hillary Giovalli
  • Daisy Currie
  • Cora Max Phillips
  • Daryl Marks
Mr. Jocks provided a PowerPoint presentation that covered the following.

FLAGSTAFF INDIGENOUS PEOPLES DAY
REPORT ON RECOMMENDATIONS

The attending members of the Indigenous Circle of Flagstaff assisted in the remainder of the presentation.

AGENDA
PURPOSE
PROCESS
PROCESS STEPS
SELECT HIGHLIGHTS FROM THE SIX FORUMS
Youth and Education
Homelessness
Our Elders
Economic Development
Police & Criminal Justice
Environmental Justice
RECOMMENDATIONS
Visibility
Economic Inclusion
Community Center
Education
Wellness
Housing
Transportation
IMPLEMENTATION

Councilmember Putzova thanked the group for their excellent work. She asked what type of place the community center would be. Mr. Jocks stated that they are just presenting the comments and ideas that came from the community. The community center idea first came out of the Education Forum and there were suggestions of after school programming and educational sessions. The center would be for members in the indigenous communities; a place to build relationships with each other but also a place to build relationships with all of Flagstaff. The programming could include language classes, a place for activities, a place for visitors from tribal nations to stay. Another consideration is a smaller residential facility for visiting tribal members to have the ability to stay a little longer.
 
Ms. Currie added that currently, the logistics of gathering are a challenge; the Native American Cultural Center on the NAU campus is difficult to get to and parking is a challenge. What is desired is a place where people can speak with their elders, have a healthcare facility to address historic trauma and have a centralized place to hold culturally relevant programming. It would be a place where people can come to learn about the culture of their neighbors. Mr. Marks further added that having their own space would allow for community members to come together to advocate for themselves.
 
Vice Mayor Whelan thanked the group for all of their efforts; she thanked the City Manager and City staff for assisting in the facilitation. She offered that she would do whatever she can to continue moving in the necessary direction. She suggested looking at one or two of the recommendations to work on immediately.
 
Councilmember McCarthy stated that the forums were well run and provided a space where everyone felt free to speak and listen openly.
 
Councilmember Odegaard stated that he likes the idea of a community/cultural center. He thanked the group for their work and the recommendations that they provided. The forums really created the dialogue that shaped the vision and the recommendations.
 
Mr. Jocks added that the group will continue to be a part of the continued work and they will continue to put forth the effort to help achieve the goals and recommendations.
 
Mayor Evans thanked the members of the group and all those who attended and participated in the various forums. She stated that she would like to see Council provide some direction to staff about the recommendations offered. She would like to see action taken on creating a core working team with staff and members of the Indigenous Circle of Flagstaff to create a strategic plan with measurable outcomes and timeline.
 
Councilmember Putzova agreed and offered that the strategic plan would hold the City accountable. The cultural center is key and the plan should address a specific task force to create a vision for the community center; this would provide some sense of what a center would look like and how it would function.
 
Vice Mayor Whelan stated that she would like staff to look at some of the buildings the City currently has and possibly open one up temporarily as the group works on designs for a community center.
 
Councilmember Odegaard stated that he would like to have staff bring in recommendations on how to engage local businesses and provide opportunities for cultural training.
 
A majority of Council was supportive of the direction.
 
Vice Mayor Whelan asked about a resolution for Indigenous People’s Day. Councilmember Putzova offered that it would be good to develop the strategic plan first and then have the conversation about Indigenous People’s Day. She feels that the ask for the resolution should come from the Indigenous Circle of Flagstaff when they feel that the City is committed to the goals and the time is right.
 
Mr. Jocks stated that the Indigenous Circle is doing their best to represent the indigenous people and it is really their decision. Indigenous People’s Day has passed for this year so it is something to work towards for next year.
 
Written comment cards in support of the Indigenous Circle of Flagstaff recommendations were submitted by the following individuals:
  • Dawn Tucker
  • Emily Davalos
     
A break was held from 7:24 p.m. through 7:32 p.m.
 
8.
Uranium Transportation Update.
Mr. Blaschke addressed Council stating that earlier in the summer a Citizen Petition was received from community members requesting that the Council look at the transportation of uranium through Flagstaff. At the direction of Council staff looked at the ability to restrict uranium transportation. It was found that the Arizona Department of Transportation (ADOT) and the United States Department of Transportation (USDOT) pre-empts the City from passing any laws prohibiting transportation through Flagstaff.
 
Councilmember Barotz stated that there is a school of thought that uranium is not classified as a hazardous material; she asked if that would change the ability of the City to prohibit transportation. Mr. Solomon explained that uranium is currently classified as a hazardous material; should that change further discussion can be had.
 
Councilmember McCarthy asked if the City could address transportation on City-owned roads. Mr. Solomon stated that the federal government has completely occupied the field of transportation of hazardous materials regardless of who owns the streets. The City can work with ADOT on a petition designating routes but USDOT makes the final decision. Councilmember McCarthy requested additional information on that process.

Councilmember Barotz stated that the Director of Operations for Energy Fuels Don Pillmore is present and asked him to explain the routes that are currently used.
 
Mr. Pillmore stated that there are two routes that have been authorized to use. The preferred route is Route 7 which bypasses Flagstaff, Route 6 is the other route that is used when Route 7 is unavailable, usually due to inclement weather. The material is transported in tarped trucks that are properly labeled in accordance with ADOT and USDOT regulations. The companies that transport uranium transport per regulations; there are other materials that are transported on state and federal highways that are far worse; the uranium ore that is being transported does not even qualify for placarding becuase the risk is so low.
 
Councilmember Barotz stated that she feels Flagstaff should do a resolution to make a statement to the federal government that Flagstaff does not support transportation of uranium. Vice Mayor Whelan and Councilmember Putzova agreed that a resolution should be passed. Councilmember Putzova added that the resolution should also express Flagstaff’s dissatisfaction that uranium can be transported through other communities.
 
Vice Mayor Whelan stated that ore is currently put in an open bed truck with a tarp over it; she asked if there is a way to petition that it be carried in a more secure container. Mr. Solomon stated that he is not aware of the process to change the containment requirements but if the Council would like to try and petition for that he can do research on how that would be done.
 
Councilmember McCarthy stated that it is not just dirt that is being hauled; he would like to see transportation companies provide a more secure way to transport and he believes that the City should ask the federal government to upgrade the transportation requirements for uranium ore.
 
The following individuals addressed Council in opposition to the transportation of uranium ore:
  • Frederica Hall
  • Dustin Kuluris
  • Chiara Rose Skabelund
  • Katie Giovale
  • Heather Giovale
  • Etienne MacCormack
  • Gary Lee
  • Alicyn Gitlin
  • Tommy Rock
  • Sarana Riggs
  • Ophelia Watahomigie-Corliss
  • Louise Benally
  • Cora Phillips
  • John Viktora
  • Maile Hampton
  • Leona Morgan
  • Tasha Nez
  • Dustin Wero
  • Murphy Jones
  • Ziggy Jones
  • Benjamin Jones
  • Damon Watahomigie
  • Robin Silver
The following comments were received:
  • The dangers of uranium ore are vast.
  • Many Native American people have been affected by exposure to uranium ore.
  • Flagstaff should be on the right side of history and join the resolution for a nuclear free world.
  • Council should support something stronger than a resolution such as litigation in partnership with other communities.
  • Please pass an ordinance to ban the transportation of uranium through Flagstaff.
  • The transportation of these materials needs to be more secure.
  • The impacts of uranium ore to people and on the environment are terrible and must be avoided.
  • Exposure to radioactive waste increases the risk of cancer.
  • Nuclear energy is not clean energy.
  • There is concern that the natural water sources in the Grand Canyon will continue to be contaminated.
  • The dust from the transportation accumulates and is radioactive 24 hours per day.
  • It is immoral to expose people and visitors to the radiation contained in uranium.
  • It is criminal to contaminate the water.
  • Flagstaff’s neighbors are watching, Flagstaff must take a stand.
  • The risk from the ore comes from ingesting or inhaling the dust; transportation must be stopped or better contained.
  • The most vulnerable populations are children and those with health issues.
  • Information on the measurement of radiation in each truckload needs to be provided to the public.
  • Please look further into an ordinance.
  • If Phoenix can restrict transport over certain roads then Flagstaff can too.
  • Resolution 2245 passed in 1998 declared Flagstaff a nuclear free zone.
  • Challenge the federal government; it is the Council’s responsibility to work for the community.
  • The water needs to be protected from further desecration and contamination.
  • Say no to the Canyon Mine, say no to the transportation.
  • It is not only the transportation of uranium but the transportation of all hazardous materials.
  • This is not a safety issue, it is a cultural and civil rights issue.
  • The federal government may regulate the transportation but many of the streets they utilize are City streets.
  • It is time to put pressure on the people responsible and make them change.
  • The mines are putting profit over people.
  • There are many other opportunities for power and energy generation, this is not the way.
Written comment cards in opposition to the transportation of uranium ore were recevied from the following individuals:
  • Kim Swanson Linner
  • Ezekiel Brooks
  • Dawn Dyer
  • Gary Lee
  • Stevie Günter
  • Uncle Don Freland Fanning
  • Lyrica Maldonado
  • Dawn Tucker
  • Julia Collier
  • Teracita Keyanna
  • Greg Adsluf
  • David Eckert
  • Matthew
  • Talia Boyd
  • Jan Kerata
  • Stephen Babcock
  • Anya Metcalfe
  • Maria Archibald
  • Elea Ziegelbaum
  • Sara Packard
  • Madison Lisle
  • Cassidy Snyder
  • Rebecca Bramwell
  • Sumayyah Dawud
  • Kelsey Hackett
  • Remy Phillips
  • Brooke Phillips
  • Frederica Hall
  • Adrianna Nimer
  • Joe Shannon
  • Kathy Fraser
  • Susan Wesley
  • Jacqueline Kissell
  • Alejandra Becerra
  • Franny Bliss
  • Tia Stephens
  • Chloe Wall
  • John Meyer
  • Dillon Metcalfe
  • Roderick Robinson
Councilmember Putzova asked what the implications would be should the City choose to pass an ordinance. Mr. Solomon recommended the Council go into Executive Session for answers to the question. Councilmember Putzova requested information from the City Attorney’s office on whether there is any possibility and under what framework the Council can take a stronger stance on the issue. She also requested a briefing on HB3053. Councilmember Barotz requested that the information be provided to Council in writing.
 
Vice Mayor Whelan stated that the Council needs to move forward with a resolution and look at what other options there are for a stronger stance.
 
Councilmember Barotz suggested adding the transportation issue to the City’s legislative agenda.
 
Mayor Evans stated that Flagstaff is part of a larger region and the health and well being of the City’s neighbors directly affects the health and well-being of Flagstaff. Social Justice is one of the Council’s goals and the transportation of uranium materials through communities is a social justice issue. She would like the City to do all it can legally but start with a resolution. She would like to see the City add the issue to its legislative priorities and join forces with the CIty's Tribal neighbors to lobby for better transportation and handling of the material.
 
Councilmember Odegaard requested information from staff on what happens if a spill were to occur in or near Flagstaff.
 
Councilmember McCarthy stated that he does not believe that the tarps on the trucks are safe. He requested that the resolution ask the federal government do a more scientific review on how much radiation is put out by the material that is being hauled and make a better design for transportation. He agrees that the issue should be added to the City’s legislative agenda. Flagstaff needs to take a stand on the issue and look at innovative ways to address the concerns.
 
Vice Mayor Whelan suggested a visit to the Havasupai Reservation and meeting with the Tribal Council to gather information and better understand their concerns.
 
Mr. Copley stated that staff will prepare a draft resolution for Council’s review and consideration.
 
9.
Overview of Proposition 207 (A.R.S. § 12-1134).
Mr. Copley stated that the overview of Proposition 207 was intended to provide an opportunity for Council discussion with an audience present to better understand the elements of Proposition 207. Due to the late hour much of the public has left; he suggested postponing the discussion to a later date. Council agreed and directed Mr. Copley to find a more appropriate date for the discussion.
 

Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan to continue the agenda past 9:30 p.m.

Vote: 7 - 0 - Unanimously

 
10.
Review of Draft Agenda Items for the October 17, 2017, City Council Meeting.*
* Public comment on draft agenda items will be taken at this time, at the discretion of the Mayor.
Vice Mayor Whelan inquired about item 7A and asked if it is a financial agreement. Mr. Copley explained that it is an Intergovernmental Agreement with Coconino County and he will email Council information regarding the agreement.
 
11.
Public Participation

None
 
12.
Informational Items To/From Mayor, Council, and City Manager; future agenda item requests.
Councilmember Odegaard requested a CCR regarding City purchases and the requirement to go with the lowest bid. He would also like to understand how the procurement process works and how the removal of the 2% sales tax is applied for local bidders.
 
Mayor Evans stated that she and Councilmember McCarthy met with a local Cub Scout group and talked with them about civic engagement.
 
Mayor Evans attended the Arizona Centennial Buffalo Soldiers Ball where she was presented with a Buffalo Soldier Legacy Award. She stated that there used to be a Buffalo Soldier encampment in the Sunnyside area of Flagstaff and that she will be coming forward with a FAIR request in the future to recognize the encampment.
 
Mr. Copley reminded the Council that the Planning and Zoning Commission will be doing a walking tour in which the Council is invited.
 
Mr. Blaschke offered that the Mexican Consulate is coming for a visit and meeting with the City Council and the County Board of Supervisors. They will also take a tour of Flagstaff and over lunch hear presentations from a number of Hispanic groups in Flagstaff.
 
13.
Adjournment

The Work Session of the Flagstaff City Council held October 10, 2017, adjourned at 9:37 p.m.

   
_______________________________
MAYOR
ATTEST:
 

 
 
_________________________________
CITY CLERK