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Minutes for City Council Meeting - FINAL

CITY COUNCIL REGULAR MEETING
TUESDAY, AUGUST 15, 2017
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN
 4:30 P.M. AND 6:00 P.M.

 
MINUTES
 
1.
CALL TO ORDER

Mayor Evans called to order the meeting of August 15, 2017, at 4:30 p.m.

She reported that Item 8-D had been pulled from the agenda for additional information and will be brought back to the Special Council Meeting of August 21, 2017.
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 (telephonically)
ABSENT:

NONE






Others present:  City Manager Josh Copley and City Attorney Sterling Solomon.
 
3.
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
Councilmember McCarthy led the audience and City Council in 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.
 
4.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
 
A.
Consideration and Approval of Minutes:  City Council Retreats of January 5, 2017, and January 10, 2017; and City Council Regular Council Meeting of July 5, 2017.
Councilmember McCarthy said that he had a few changes he wanted to have made to the July 5, 2017, minutes.
 

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to approve the minutes of the City Council Retreats of January 5, 2017, and January 10, 2017.

Vote: 7 - 0 - Unanimously

Councilmember McCarthy reviewed the changes he wanted made:

Item 15: "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 infiltration 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 THAT THE CITY MANAGER PUT the reclaimed water..."

Item 14: "Councilmember McCarthy...overlooking the ORPHAN Mine....about the health effects on the miners. THE MANAGER told him...." and typo in the last sentence.
 

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to approve the minutes of the Regular Meeting of July 5, 2017, as amended.

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.
Matthew Bennett addressed the Council requesting that the reconsider the parking meters in downtown Flagstaff. He said that there are some businesses downtown that are not members of the Downtown Business Alliance and did not support the parking program.
 
6.
PROCLAMATIONS AND RECOGNITIONS
City Manager Josh Copley came forward and introduced the City's new Communications Manager Jessica Drum. Ms. Drum said that she was excited to join the City and looked forward to working with all of the Council in the near future.

Mr. Copley also recognized Meg Roederer, the Interim Communications Manager, and presented her with a WOW (Wonderful Outstanding Worker) award for her great work over the last year.

Mayor Evans also thanked Ms. Roederer for her service as the assistant to the City Council and congratulated her on her new position.

Ms. Roederer said that it has been an honor and privilege to serve them over the last five years and she applauded their professionalism and leadership.
 
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.
Appointment of Member:  To the unexpired term of Member Tim Kinney on the Flagstaff Downtown Business Improvement and Revitalization District Board (FDBIRD), expiring February 2019.
Vice Chairman Karen Kinne-Herman of the Flagstaff Downtown Business Improvement and Revitalization District (FDBIRD) Board came forward and said that their Board unanimously agreed to recommend Steve Chatinksy as the new member of the FDBIRD Board, replacing Tim Kinney who had stepped down.
 

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy 

to appoint Steve Chatinsky to the Flagstaff Downtown Business Improvement and Revitalization District Board, term expiring February 2019, as recommended by the FDBIRD Board of Directors.

Vote: 7 - 0 - Unanimously

 
B.
Consideration of Appointments:  Board of Adjustment.
Mayor Evans noted that this item had been tabled at the last Council meeting.
 

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Charlie Odegaard to remove the item from the table.

Vote: 7 - 0 - Unanimously

 

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Charlie Odegaard to postpone any appointments until such time as there are applicants to consider.

Vote: 7 - 0 - Unanimously

 
8.
LIQUOR LICENSE PUBLIC HEARINGS
Mayor Evans opened the Public Hearing.

Police Department Sergeant Gregory Jay reviewed each of the three applications being considered. (The fourth application was previously removed from the agenda).

With regard to the application for Whisk and Whiskey, Councilmember McCarthy voiced concern with the number of violations. Sgt. Jay said that they may be owners of the restaurants, but are not operating them. He said that they were all addressed.

Vice Mayor Whelan said that there was a comment made in the Delhi Palace application that they would run it as a restaurant, and it made her question if other establishments were using a restaurant license, but running it more like a bar. Deputy City Clerk Stacy Saltzburg noted that in order to obtain a restaurant license at least 40% of your revenue must come from food. The state does do audits and they have to show proof that 40% is coming from the sale of food.

Vice Mayor Whelan asked why the City looks at each of these individually if the state is in control of them. Ms. Saltzburg replied that it is the way the liquor license statutes are written. The local body makes a recommendation to the State.

Councilmember Barotz said that she, too, was concerned to see 16 different violations. It appears that if they can afford to pay the fines, they can continue to serve liquor.

Mayor Evans closed the public hearing at this time.
 
A.
Consideration and Action on Liquor License Application:  Jeffrey Miller, "Southside Restaurant &  Patio Bar", 117 S. San Francisco St., Series 12 (restaurant), New License.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to forward a recommendation to the State for approval of the liquor license application for Southside Restaurant & Patio Bar.

Vote: 7 - 0 - Unanimously

 
B.
Consideration and Action on Liquor License Application:  Jeffrey Miller, "Whisk & Whisky", 501 E. Piccadilly Dr., Bldg. 101, Ste. 70, Series 12 (restaurant), New License.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to forward a recommendation to the State for approval of the liquor license application submitted by Whisk & Whisky.

Vote: 2 - 5

AYE:
Councilmember Scott Overton
Councilmember Charlie Odegaard
 
C.
Consideration and Action on Liquor License Application:  Ramesh Gauchan, "Delhi Palace Cuisine of India", 2500 S. Woodland Village Dr., #8, Series 12 (restaurant), New License.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to forward a recommendation to the State for approval of the liquor license application submitted by Delhi Palace Cuisine of India.

Vote: 7 - 0 - Unanimously

 
D.
Consideration and Action on Liquor License Application:  Collin Heath, "Heath's Custom Wine", 3381 N. Estates St., Series 04 (wholesaler), New License.
REMOVED FROM THE AGENDA PRIOR TO START OF THE MEETING.
 
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.
Councilmember Overton declared a conflict of interest on Item 9-B and asked that it be pulled from the Consent Agenda.
 

Moved by Councilmember Celia Barotz, seconded by Councilmember Charlie Odegaard to approve the Consent Agenda Items, with the exception of 9-B.

Walter Crutchfield with Timber Sky, said that it was a privilege to be there and their projects did not happen without a tremendous partnership. He said thanks for the process and the consideration, and specifically thanked the Planning staff Tiffany Antol. He said that they were excited to be weeks away from breaking ground and delivering not only 100 affordable houses, but a product that is affordable. He said that it will allow people to buy homes that cannot now. Regardless, he said, they can do better. The tension that lives between the development community and the City is there, and they can do better as developers by listening to the community with regard to things such as dark skies. He challenged everyone to think about that.
 

Vote: 7 - 0 - Unanimously

A break was held from 5:00 p.m. to 5:06 p.m. for technical difficulties, and Councilmember Overton left the dais at this time.
 
A.
Consideration and Approval of Sole Source Contract:  Upgrade Services for Cartegraph Systems, Inc. from Navigator to Operations Management Software.
Approve the sole source contract for an upgrade of services for Cartegraph Systems, Inc. from Navigator to Operations Management Software for a term of 3 years.
 
B.
Consideration and Approval of Contract:  Approve the construction contract with RTR Paving & Resurfacing, LLC. in the amount of $351,226.00 for the Joel Montalvo Ball Field Project.
 

Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan 

to approve the construction contract with RTR Paving & Resurfacing, LLC. in the amount of $351,226.00, and a contract time of 75 calendar days; approve Change Order Authority to the City Manager in the amount of $32,500 (10% of the contract amount, less allowances); and authorize the City Manager to execute the necessary documents.

Vote: 6 - 0

 
C.
Consideration and Approval of Contract:  Approve Purchase Contract with Vulcan Materials Company for hot mix asphalt services for the City of Flagstaff Street Section.
Approve contract award to Vulcan Materials Company for the following gradations of hot mix asphalt and applicable sales tax: 
3/8" Asphalt Mix Gradation contracted for $83.00 per ton.
1/2" Asphalt Mix Gradation contracted for $77.00 per ton.
3/4" Asphalt Mix Gradation contracted for $75.00 per ton.
 
D.
Consideration and Approval of Cooperative Contract: Purchase of two (2) Residential Side Load Refuse Trucks from Rush Truck Center Arizona through the Cooperative Purchase Agreement with the City of Tempe, Contract #T15-097-01.
Approve the purchase of two (2) Residential Side Load Refuse Trucks in the amount of $281,711.91 each for a total purchase amount of $563,423.82 from Rush Truck Center Arizona through the Cooperative Purchase Agreement with the City of Tempe, Contract #T15-097-01.
 
E.
Consideration and Approval of Contract:  Lease buyout of one commercial front load truck from Rush Truck Leasing, Inc. (d.b.a. Rush Refuse Systems).
Approve the lease buyout of one commercial front load truck from Rush Truck Leasing Inc. (d.b.a. Rush Refuse Systems) in the amount of $217,068.07.
 
F.
Consideration and Approval of Contract:   Between the City of Flagstaff and Goserco for audio logging recorder servers.
Approve the purchase agreement between the City of Flagstaff and Goserco Inc. for the upgrade to our existing audio logging recorder servers, for a total cost of $73,458.61.
 
G.
Consideration and Approval of Final Plat  Request from VP 66 & Woody Mountain LLC, for the subdivision of 197.58 acres known as Timber Sky into five (5) Blocks, 5 tracts and dedication of public rights-of-way within the Single-family Residential (R1) zone, Medium Density Residential (MR) zone, High Density Residential (HR) zone, and Public Open Space (POS) zone.
Staff recommends the City Council approve the final plat and authorize the Mayor to sign both the final plat and the City/Subdivider Agreement when notified by staff that all documents are ready for signature and recordation.
 
10.
ROUTINE ITEMS
 
A.
Consideration and Possible Adoption of Resolution No 2017- 26:  A resolution authorizing the execution of the First Amendment to the Timber Sky Annexation and Development Agreement between VP 66 & Woody Mountain, LLC and the City of Flagstaff related to the development of approximately 197.58 acres of real property generally located at 3425 West Route 66. (Timber Sky First Amendment to Development Agreement)
Planning Development Manager Tiffany Antol briefly reviewed the proposed changes to the development agreement.

Vice Mayor Whelan said that she would like to speak to the comment, "we can do better." She said that she was asking everyone to raise the bar. In looking through different areas, she saw many things that have been considered in the ability to work together, which was outstanding. She wondered where the reclaimed water was and why it is not going out to those facilities, since they are opening streets. She also voiced concern with the public transportation and traffic impact of this development, and asked why they just went to Pinnacle.

She said that she appreciated the answers to her questions, and understood that it was not their jurisdiction, but it is their city, and they all can do better. She said that every time a street is opened up she will be asking where the purple pipe is, and if solar has been considered.

Ms. Antol said that sustainability covers many features, and they address those. She said that there is an overarching developer and then smaller builders. They have codes that go far to getting them into sustainability. The developer is working with his builders, and they are working toward Energy Star building.

Ms. Antol said that they are at the lot level--not at the individual lots. There are so many ways to be sustainable, through the use of land, proper resources, drainage, etc. and those are all things that they considered. She said that more details will come as they continue to finesse the project.

Mr. Crutchfield introduced Dave Everson of Mandalay Homes, who has won Builder of the Year five years in a row. He said that they are bringing in solar technology and he cannot wait to show the Council some of those things. When he asked Mr. Everson why, he answered, "because we can." They want to be able to tell their grandkids what they did for the environment in the way of building.
 

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to read Resolution No. 2017-26 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN VP 66 & WOODY MOUNTAIN, LLC AND THE CITY OF FLAGSTAFF RELATED TO THE DEVELOPMENT OF APPROXIMATELY 197.58 ACRES OF REAL PROPERTY GENERALLY LOCATED AT 3425 WEST ROUTE 66 AND ESTABLISHING AN EFFECTIVE DATE

 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Scott Overton to adopt Resolution No. 2017-26.

Vote: 7 - 0 - Unanimously

 
B.
Consideration and approval of  the Intergovernmental Agreement: (IGA)/Joint Project Agreement (JPA) 17-0006436-I between the City of Flagstaff (City) and the Arizona Department of Transportation (ADOT) for the FY 2018 Highway Safety Improvement Program (HSIP), Design and Installation of Signs.
Project Manager Randy Whitaker briefly reviewed the project.

Councilmember McCarthy asked if there was a way to include those street signs that do not have street numbers on them in this project. Mr. Whitaker replied that standard detail for signs do have numbers, so part of Phase III is looking to make sure the signs have those numbers.
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Celia Barotz to approve the Intergovernmental Agreement/Joint Project Agreement between the City of Flagstaff and Arizona Department of Transportation for the FY2018 Highway Safety Improvement Program (HSIP), Design and Installation of Signs.

Vote: 6 - 1

NAY:
Councilmember Scott Overton
 
C.
Consideration and Approval of Amendment to Agreement: Amendment No. Two to the Intergovernmental Agreement (IGA) /Joint Project Agreement (JPA) 11-098-I between the City of Flagstaff (City) and the Arizona Department of Transportation (ADOT) for the FY 2017 & 2018 Highway Safety Improvement Program (HSIP) at Switzer Canyon/Turquoise.
Mr. Whitaker briefly reviewed this project, noting that the total project cost is $2 million, and the City has incurred around $234,000 in staff time, utility relocation and property acquisition.

Councilmember McCarthy said that when he first read this he thought it was a lot of money so he asked the City Manager to give him an idea of the costs if they went with a standard signal, and the cost of that was nearly as high.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Celia Barotz 

to approve Amendment No. Two to the IGA/JPA between the City of Flagstaff and Arizona Department of Transportation.

Vote: 6 - 1

NAY:
Vice Mayor Jamie Whelan
 
D.
Consideration  and Approval of Grant Agreement: Ratify the Grant Agreement between the City of Flagstaff and the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) for six (6) new Firefighters.
Deputy Fire Chief Mark Wilson briefly reviewed this item, stating that he was proud to announce to have been awarded the SAFER grant for six new firefighters. He said that this is a national grant with over 2,000 agencies applying, but they made it in the first round. He said that it was in an amount of $1,607,400, and of that the City's share is $991,230.
 

Moved by Councilmember Celia Barotz, seconded by Councilmember Scott Overton 

to ratify the Grant Agreement with the Department of Homeland Security for the FY 2016 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $1,607,400 for the staffing of six (6) new Firefighters over the next three (3) years.

Vote: 7 - 0 - Unanimously

 
E.
Consideration and Approval of Grant Agreement: Ratify the Grant Agreement between the City of Flagstaff and Federal Bureau of Investigations, U.S. Department of Justice’s Assets Forfeiture Funds for FY17 task force equipment purchases.
Police Lieutenant Scott Mansfield said that they were awarded all $147,000 and must submit an invoice by September 15, 2017. The reason for this needing to be ratified was the short time frame they had in which to get equipment purchased while following the City's purchasing requirements. He said that there is no cost to the City, no match, and all $147,000 will be reimbursed.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Celia Barotz to ratify the grant agreement with Federal Bureau of Investigations (FBI) to accept the Department of Justice’s Assets Forfeiture Fund in the amount of $147,000 for FY2017.

Vote: 7 - 0 - Unanimously

 
F.
Consideration and Adoption of Resolution No. 2017-25:  Resolution of the City Council of the City of Flagstaff, Arizona, declaring, for the purposes of Section 1.150-2 of the Federal Treasury Regulations, official intent to be reimbursed in connection with certain capital expenditures relating to Road Repair and Street Safety and Core Services Maintenance Facility, and establishing an effective date.
Management Services Director Rick Tadder stated that this was a procedural requirement and sets forth notice that the City intends to reimburse itself for expenditures made on voter approved projects that are currently under construction in advance of issuing the voter approved debt (bonds) for the projects
 

Moved by Councilmember Scott Overton, seconded by Councilmember Celia Barotz to read Resolution No. 2017-25 by title only.

Vote: 7 - 0 - Unanimously

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, DECLARING, FOR PURPOSES OF SECTION 1.150-2 OF THE FEDERAL TREASURY REGULATIONS, OFFICIAL INTENT TO BE REIMBURSED IN CONNECTION WITH CERTAIN CAPITAL EXPENDITURES RELATING TO ROAD REPAIR AND STREET SAFETY AND CORE SERVICES MAINTENANCE FACILITY, AND ESTABLISHING AN EFFECTIVE DATE

 

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Celia Barotz to adopt Resolution No. 2017-25.

Vote: 7 - 0 - Unanimously

 
G.
Consideration and Adoption of Resolution No. 2017-27:  A resolution of the City Council of the City of Flagstaff, Arizona, authorizing the execution of the development agreement between German Dobson CVS, L.L.C. and the City of Flagstaff related to the development of approximately 300 linear feet of right-of-way, the third northbound traffic lane (Road Project), located adjacent to Milton Road and the proposed CVS retail store (CVS DA).
Planning Development Manager Neil Gullickson briefly reviewed this item, noting that it memorializes the agreement between CVS and the City of Flagstaff related to the development of approximately 300 linear feet of right-of-way on Milton.
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Celia Barotz to read Resolution No. 2017-27 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AUTHORIZING THE EXECUTION OF THE DEVELOPMENT AGREEMENT BETWEEN GERMAN DOBSON CVS, L.L.C. AND THE CITY OF FLAGSTAFF RELATED TO THE DEVELOPMENT OF APPROXIMATELY 300 LINEAR FEET OF RIGHT-OF-WAY, THE THIRD TRAFFIC LANE, LOCATED ADJACENT TO NORTH BOUND MILTON ROAD SOUTH OF BUTLER AVENUE AND THE PROPOSED CVS RETAIL STORE (CVS DA)

 

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Celia Barotz to adopt Resolution No. 2017-27.

Vote: 7 - 0 - Unanimously

 
RECESS

The 4:30 p.m. portion of the August 15, 2017, meeting of the Flagstaff City Council recessed at 5:30 p.m.

6:00 P.M. MEETING
RECONVENE

Mayor Evans reconvened the meeting of August 15, 2017, of the Flagstaff City Council 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.)
 
11.
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 (telephonically)
ABSENT:

NONE






Others present: City Manager Josh Copley and City Attorney Sterling Solomon.
 
12.
PUBLIC PARTICIPATION
The following individuals addressed the City Council:

•John Kaltenstein, requesting that the Council issue a statement regarding the recent events in Charllotsville
•John Viktora, regarding the lack of equal pay for women and their treatment overall
•Deborah Harris, re issues on the southside: 1) construction on 600 block of Fontaine and 2) a proposed block party on September 2, 2017, to welcome back NAU students.
•Armando Bernasceri, regarding the negative impact of Prop 414 and asking the Council to establish a commission to study the problem and do something about it
•David R. McCain, and members of the Friends of Flagstaff's Future Board, to formally introduce their new director, Dawn Tucker.
•Dawn Tucker, said that she would like to meet with the Council individually and thanked them for everything they do for the City. Going forward, they will be focused on historic preservation and affordable housing, and they look forward to working with the City.
 
13.
CARRY OVER ITEMS FROM THE 4:30 P.M. AGENDA

None
 
14.
REGULAR AGENDA
 
A.
Consideration and Possible Direction: A Citizens' Petition Requesting Consideration of Council Action to Designate the Schultz Pass Property as Open Space (Cit. Pet. #2017-03).
Mayor Evans said that she received one card from Staci Foulks, who will be representing many members of the community, and would receive ten minutes.

Ms. Foulks came forward and said she was representing Flagstaff for Schultz Pass, which has resulted with this petition being placed on the agenda, and nearly 2,800 members on social media, and 2,130 people signing an online petition asking for the parcel to be designated as open space. She said that out of respect for Council's time, she was representing a group, and asked that those in the audience in support of this request to stand (approximately 25 people stood).

She said that their request is for the Council to direct City staff to begin the process toward legally designating the parcel as open space. She said that the public support for open space on this lot has been overwhelming; they oppose any development on the lot; the land is unique, with the Schultz Meadow serving as an iconic piece of Flagstaff; in April the Open Spaces Commission voted unanimously that the parcel held great open space value; in speaking with Sustainability staff, they have learned that the Schultz Pass property would cost zero to maintain. She said that they are not opposed to affordable housing; recently they raised thousands of dollars for Housing Solutions. They would support Council asking staff to look into reimbursement opportunities for the housing and community services fund.

She said that the overwhelming majority of citizens that have spoken out have been in favor of this land for open space. They would prefer that the issue not to have to go on the 2018 ballot.

Written comment cards supporting the property being designated open space were received from:

•Melissa Talboom
•Mary Williams
•John Kaltenstein
•John G. DeGraff II
•Richard Fleck
•Sharon Fox
•Zak Elloway
•Aspen Young
•Jessica Young
•Ruby Lancaster
•Stacy Krueger
•Catherin Weidinger
•Lorrie A. Yoakum
•Christina Caskey
•Susan Stilley
•Elden Young
•Susan Vesely
•Janet Chavez-Vesely
•Robert Caskey
•Sue Martin-Caskey
•Lexia Henderson
•Joe Shannon
•Eric Peppers
•Emily Peppers

Councilmember Barotz thanked everyone involved. She said that when the Council takes action to rezone City land as open space, it means it is not to be used for any development. It does not mean that the Council cannot sell it or that a future Council could not rezone it. She said that it was previously mentioned that the Council cannot permanently protect City land, such as city parks.

She said that the highest level of protection is a voter initiative. The only way it can be undone is through another voter initiative.

Councilmember Odegaard said that at this point he would like to see this moved along and have staff look into this for possible rezone of open space, with all related knowledge, and then at that time consider it further.

Mr. Solomon clarified that the process that Councilmember Barotz was referring to is not something that the Council would participate in.

Councilmember McCarthy said that he, too, supports moving the process forward. He said that there has been a lot of public process involved. He said that his opinion of need to revamp the Zoning Code to create some high density in appropriate places is his highest priority, but he would like to see this move forward.

Councilmember Overton said that he has significant financial concerns about housing. The Council has taken this parcel out of the RFP (Request for Proposals), but he is very leery without a financial plan on how they would reimburse that fund and move this into the open space column. He said that he is in no rush.

Councilmember Barotz asked for clarification on what the staff report would look like when it came back. Mr. Solomon said that tonight is posted for consideration to move forward on rezoning. If they want it brought forward with more history, etc., that would need to come back at a later time.

Councilmember Barotz asked, when the staff report comes back to Council, if it would include a host of options, or would that be a separate work session. Mr. Solomon said that the future staff summary could include all of the requested information.

Councilmember Barotz said that she shares Councilmember Overton's concerns. She said that she spent one year of her life working on Prop 413 (Greater Buffalo Park), collecting a lot of signatures and raising a lot of money to protect 300 acres of land. She said that they probably could not find a better supporter for open space. They were scared that the prior Council was posed to sell off some of that land. She said that she was not supportive of withdrawing this parcel when they took it up last time, and she is concerned with taking quick action before looking at the financial aspects.

Mr. Copley said that if they choose, at tonight's meeting the Council could give direction. If Council chooses not to give direction, the matter is closed. He said that they can expect that they will be having some discussion related to this property and the related financials in the future.

Councilmember Barotz said that she recognizes that some people may be uncomfortable with doing a voter initiative, but they have an option, and if it turns out to be victorious then it is their victory.

Vice Mayor Whelan said that this has taken two important issues and pitted them against one another. When she ran for Council it was for open space and affordable housing. She does not doubt anyone's intention. She really felt that the parcel was an important statement and could have been an important piece to affordable housing. She said that the piece of property needed to be looked at; if they take no action now, it is not going to go anywhere. She said that the best thing to do would be to do a citizens initiative so it does not matter who is sitting on the Council in the future. She said that she will always support the power of the people.
Mayor Evans said that it appeared that there was a consensus of Council to take no action at this time, understanding that at some point it would come back to the Council for a full vetting, including financial consideration. Mr. Copley said that they will be seeing it within the next six months or so; there may be some budget implications.

Councilmember Odegaard said that he would highly suggest that it be sooner than six months, so that if the public wants to circulate an initiative petition after further consideration is given, they will have enough time.

Mr. Copley said that if there should be a citizens initiative, that would run separately. Councilmember Barotz said that the issue of the financial picture as it relates to the parcel should not influence those that are passionate on whether to move forward with an initiative. She said that she would not encourage them to hold off as what they determine will not impact that question at all.
 
B.
Consideration and Adoption of Resolution No. 2017-28:  A resolution of the City Council of the City of Flagstaff, Arizona reaffirming the City's commitment to diversity.
Assistant to the City Manager Caleb Blaschke reviewed the proposed resolution, noting that it had been taken to the Commission on Diversity Awareness. Human Resources Director Shannon Anderson, liaison to the Commission on Diversity Awareness, came forward stating that the Commission would like to read a statement of support. Commission member Khalif Durham came forward and read a statement from the Commission on Diversity Awareness, attached hereto and made a part hereof as Exhibit A.
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Scott Overton to read Resolution No. 2017-28 in its entirety.

Vote: 7 - 0 - Unanimously

RESOLUTION NO. 2017-28
 
 
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA
REAFFIRMING THE CITY’S COMMITMENT TO DIVERSITY

 
RECITALS:
 
WHEREAS, all humans possess unique, rich cultural histories, backgrounds and personal experiences deserving of universal respect and acceptance; and
 
WHEREAS, diversity includes but is not limited to differences in race, ethnicity, nationality, gender, gender identity, sexual orientation, socio-economic status, age, physical and/or mental capabilities, and religious beliefs; and
 
WHEREAS a rich array of diversity exists within the City of Flagstaff; and
 
WHEREAS consistent with a commitment to freedom of expression and conscience, all members OF the Flagstaff community have the right to express their beliefs; and
 
WHEREAS the City of Flagstaff has reaffirmed its commitment to diversity through its Strategic Plan that outlines Social Justice as one of its twelve goals; and
 
WHEREAS the Flagstaff Mayor and City Council has a history of supporting the advancement of diversity through Chapter 14-02 of the Flagstaff City Code, Civil Rights Ordinance, Resolution 2006-62 in Partnership with the National League of Cities in Working Towards Inclusive Communities and Affirming the City of Flagstaff’s Commitment Promoting Inclusion in Our Community, and Resolution 2008-68 Declaring Flagstaff to be a “Golden Rule City.”
 
ENACTMENTS:
 
NOW, THEREFORE, BE IT RESOLVED by the Flagstaff City Council that the Flagstaff Mayor and City Council reaffirms their support to a diverse community environment that provides inclusivity for all; and endeavors to support, promote, and advance inclusion in the community through programming, work, and outreach.
 
BE IT FURTHER RESOLVED that the Flagstaff Mayor and City Council desire to be an active participant in advancing a culture of inclusivity within the City of Flagstaff. They are ready to support and engage in conversations and actions that further a culture of inclusivity. They support and encourage actions to ensure the rights of all individuals in the City including but not limited to any group, regardless of race, ethnicity, nationality, gender, gender identity, sexual orientation, socio-economic status, age, physical and/or mental capabilities, and religious beliefs.
 
FURTHERMORE they call upon all members of the community to individually and collectively support and advance a culture of inclusivity in the City of Flagstaff.
 
This resolution shall become effective thirty (30) days following adoption by the City Council.
 
PASSED AND APPROVED by the Flagstaff City Council this 15th day of August, 2017. 
 
Councilmember Barotz suggested that they take a photo of the resolution and put it on the City's social media.

Vice Mayor Evans said that they are going to have a discussion about the possibility of using one of the flagpoles as an expression of their inclusivity. Mr. Solomon said that is an issue that he will be addressing soon separately. Mr. Copley added that they have also scheduled that for September 5, 2017, and he anticipates that the executive session will be timely with that. It was noted that the Commission members would not be able to attend the executive session.
 

Moved by Councilmember Celia Barotz, seconded by Councilmember Charlie Odegaard to adopt Resolution No. 2017-28.

Vote: 7 - 0 - Unanimously

 
15.
DISCUSSION ITEMS
 
A.
Council Consideration and Direction: 2017 Resolutions of the League of Cities and Towns.
Mr. Blaschke, serving as the Governmental Affairs representative for the City, reviewed the resolutions that would be going before the Resolutions Committee during the League Conference, which Mayor Evans would be attending.

Discussion was held on Resolution #4, dealing with sober living homes. Mr. Blaschke said that the City receives 5-10 complaints a year. They can go where they please and it is hard for cities to deal with complaints. They are looking to streamline the process to not only manage their location, but to ensure that they have the appropriate credentials.

Vice Mayor Whelan said that she does have concerns with this one. She does not believe it is the government's obligation to dictate who can live in what neighborhood. Councilmember McCarthy said that it is worded very ambiguously.

Mayor Evans said that she also had concerns with this one, with the wording being so vague. Councilmember Barotz agreed, noting that it would be worth a more robust discussion.

After further discussion it was agreed that Mayor Evans will ask for clarification as to "bad acts" and if she was comfortable with that, she would take a neutral stance. Vice Mayor Whelan said that Mayor Evans could suggest that they look at the behavior.

With regard to Resolution #6, Vice Mayor Whelan said that she would support the ability to increase the HURF funds, but there has to be a way to stop the sweeping. Mayor Evans agreed. Councilmember Barotz noted that the issue of not sweeping funds is being addressed by the League already.

Councilmember McCarthy said that the gas tax has not been increased for 26 years, and perhaps they could consider it as well. Mayor Evans said that these have already gone through a vetting process. To add something at this late date could cause problems. Councilmember Barotz said that they could, through  the committees and intergovernmental priorities, advocate that they add specific things. Mr. Copley noted that what was presented was not an exhaustive list.

Mr. Blaschke noted that during October the Council will be meeting with Richard Travis and Bob Holmes, bringing the priorities back before the Legislative Session begins in January.

Mr. Copley added that this year they will do their first ever lobbying trip to Phoenix; just like they do to Washington DC, but with additional Council members.

Councilmember McCarthy said that they should also consider education and its adequate funding in the state.
 
16.
COUNCIL LIAISON REPORTS

None
 
17.
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 remove wayside horns at Fanning and Steve's Blvd. roadroad crossings and replace with similar "quiet zone" crossings as the other three in-town crossings.
Matt Nichols came forward to address the citizens' request for Council to consider wayside horns. He said that he was in no way against the actions taken in 2008. He appreciated all of the efforts made to bring the issue of train noise reduction in the city. But, he did not think the Council went far enough. He lives in Swiss Manor, not far from the Fanning crossing, and every time a train goes by they use the wayside horns 11 times per train.

Council agreed to move this item forward to a future agenda.
 
B.
Future Agenda Item Request (F.A.I.R.): A request by Councilmember Barotz to place on a future agenda a review of the permitted sound levels in city event regulations, including the maximum decibel level, and a discussion on the bass level, consideration of possible changes to these sound limits.
Joan Martini, Flagstaff, came forward and thanked the Council for putting this on the agenda for consideration, and gave some history of the issues in downtown with the noise from activities.

Dawn Tucker, Flagstaff, said the number of events is increasing; every single weekend there is something going on and often the people attending are making noise above the event noise.

Councilmember McCarthy said that if he and his wife lived anywhere near downtown they would have to move due to her health issues.

Councilmember Barotz said that it was important for them to understand that her motivation is not to put events out of business, but to look at other options.

Council agreed to move this item to a future agenda.
 
C.
Future Agenda Item Request (F.A.I.R.): A request by Councilmember Odegaard to place on a future agenda a discussion on a listening tour with the business community.
Councilmember Odegaard said that he continues to hear from so many business owners about their concerns with businesses such as Walgreens and SCA Tissue leaving the area. He was asking if there was another Councilmember that would support putting this on a future agenda.

Mayor Evans said that one of the things that is going to happen quarterly is a business report out. They will bring in ECoNA, NACET, the Chamber, Local First, etc. to report on what they see and what their membership is saying.

Mr. Copley said that in the interest of making sure they manage their time, they did not envision every group coming to every meeting--maybe more like one or two.

Vice Mayor Whelan said that she agreed, that it was important for the small businesses to know they can come and talk to the Council. She said that their recent breakfast with the Chamber Board was a great conversation and she looks forward to more of those.

Councilmember Odegaard said that he would like to see the Council as a body tell the business community that they are important and valued.

Councilmember McCarthy said that he liked the idea of meeting, but did not think it would be done on Tuesday nights. It may be more appropriate like a breakfast meeting.

Mayor Evans said that it did not appear to be two Councilmembers interested in moving this item further.

(Additional discussion was held under Agenda Item #18)
 
18.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
Councilmember Overton thanked everyone involved with getting the meeting back in the Council Chambers. Councilmember Barotz echoed this statement, stating that she appreciated the efforts made by staff to take the meetings on the road.

Councilmember Barotz requested that the Council issue a statement in the spirit identified by the first person speaking, and she was really hoping they could put it on the next agenda for a vote as a F.A.I.R. item.

Councilmember Barotz asked for a short memo explaining what Deb Harris was referring to, what the permit was and whether it included alcohol.

Vice Mayor Whelan said that she attended the Flagstaff Initiative Against Trafficking held by Northland Family Health Center, and it was an eye-opening experience. She said that there is a lot to discuss and a lot of support to move this forward. She asked if they should have a work session, or if she needed to request a F.A.I.R. After brief discussion, it was agreed that she would forward the information she had to Mr. Copley, who would distribute it to the entire Council for review.

Councilmember Odegaard asked if Councilmember McCarthy was a yes or no on Item 17-C.

Mr. Solomon said that they closed that item and the Mayor indicated there were not any in favor. That would have been the time to bring that up.

Mayor Evans voiced concern if she had misunderstood.
 

Moved by Mayor Coral J. Evans, seconded by Councilmember Celia Barotz to reconsider Item 17-C.

Vote: 7 - 0 - Unanimously

Councilmember McCarthy said that he would support moving it to a future agenda for a further discussion.

Councilmember Odegaard said that he read the CCR regarding single-serve alcohol. He said that he forgot to bring his bag of all the bottles and cans he collected at his business. He was told to pursue the Arizona Legislature, which will go nowhere.

Councilmember McCarthy also thanked everyone for getting the Council back in the Chambers.

Mr. Copley reminded everyone that there would be a special work session next Monday, rather than Tuesday, since so many Councilmembers would be out of town attending the League Conference.

He also reported that there would be a Community Meeting on Tuesday from 4 to 7 p.m. on the Rio de Flag project.

Mayor Evans also thanked everyone involved with returning the meetings to the Chambers. She said that they heard tonight from the disability community in town and what is happening with them. She said that as they move forward and start looking at their legislative priorities, they need to make that a top issue, getting the service providers fully funded. She believed it was an issue that they need to address.
 
19.
ADJOURNMENT
The Regular Meeting of the Flagstaff City Council held August 15, 2017, adjourned at 8:00 p.m.
_______________________________________
MAYOR


__________________________________
CITY CLERK


CERTIFICATION
 
I, ELIZABETH A. BURKE, do hereby certify that I am the City Clerk of the City of Flagstaff, County of Coconino, State of Arizona, and that the above Minutes are a true and correct summary of the Meeting of the Council of the City of Flagstaff held on August 15, 2017, the Meeting was duly called and held and that a quorum was present.

DATED this 5th day of September, 2017.     


________________________________
CITY CLERK