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

Councilmember Odegaard corrected the spelling of the name Franco to Frankel on page 52.

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to approve the minutes of the City Council Combined Special Meeting/Work Session of May 30, 2017; Special Council Meeting of July 7, 2017; City Council Regular Council Meeting of August 15, 2017; Regular Council Meeting of August 21, 2017; and the Special Meeting (Executive Session) of August 29, 2017, as amended.

Vote: 7 - 0 - Unanimously

Assistant to the City Manager Caleb Blaschke introduced Cliff Bryson who is the new Labor Management Standards Manager. He noted that while Mr. Bryson transferred over from Code Enforcement, his wife, Jessica, took over his position there.

Moved by Councilmember Celia Barotz, seconded by Councilmember Eva Putzova to appoint Tim Behrens to the Parks and Recreation Commission, with a term expiring August 2018.

Vote: 7 - 0 - Unanimously

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Scott Overton to reappoint Jim Stratton to the Parks and Recreation Commission, term to expire August 2020.

Vote: 7 - 0 - Unanimously

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to reappoint Adam Kaupisch to the Parks and Recreation Commission, term expiring August 2020.

Vote: 7 - 0 - Unanimously

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to reappoint Charles Hammersley to the Parks and Recreation Commission, term to expire August 2020.

Vote: 7 - 0 - Unanimously

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to appoint Joel Fritzler to the Beautification and Public Art Commission, term to expire June 2019, noting that he had also applied for the Citizens' Transportation Tax Commission, but his preference was BPAC.

Vote: 7 - 0 - Unanimously

The following nominations were made:

Councilmember Putzova nominated Nick Kraft
Councilmember Overton nominated Joanne Kenne
Councilmember Barotz nominated Lucinda Andreani
Vice Mayor Whelan nominated Jack Welch
Councilmember Odegaaard nominated Robert Davis
Councilmember McCarthy nominated Heather Fernandez
Mayor Evans nominated Christina Caldwell
Councilmember McCarthy nominated Abigail Wellumson
Councilmember Odegaard nominated Sharon Tewksbury-Bloom
Vice Mayor Whelan nominated Ginny DeBartolomeo
Councilmember Barotz nominated Mark Spinti
Councilmember Overton nominated Rick Lopez
Councilmember Putzova nominated Meghan Remington
Mayor Evans nominated Gail Lowe

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to appoint the 14 individuals nominated to the Citizens' Transportation Tax Commission, terms expiring March 2018.

Vote: 7 - 0 - Unanimously

Mayor Evans opened the Public Hearing. John Phillips, Applicant for Flagstaff Liquor, came forward noting that he was the owner of Park Plaza Liquor and Deli in Prescott as well. He said that they plan to build a new building; they have already hired an engineer and contractor, and it will be located between Starbucks and the new car wash on East Route 66. They will be investing $2.2 million in the business and employing ten employees initially.

Councilmember Barotz said that the memo from the Police Department references several liquor license violations in Prescott, and asked that they speak to those. Mr. Phillips' son, Trevor, came forward and noted that they had a violation nine years ago of selling to a minor. Since then they have done additional training. Additionally, there have been a few administrative violations that were addressed. He said that they have had no recent violations.

Councilmember Barotz said that she feels this is an important responsibility of the Council and even though they are not the final decision making body, these violations cause her concern. Mr. Trevor Phillips said that they take it serious, too.

Vice Mayor Whelan asked Mr. Phillips if he would be on the premises. Mr. Phillips said that he would and then they would hire a manager from Flagstaff.

Councilmember McCarthy thanked them both for attending the meeting, noting that sometimes applicants do not show up. John Phillips noted that he sat on the Prescott City Council for years and understands the importance of attending.

Brief discussion was held on whether they would be selling shot bottles and 40 oz. containers. Mr. Phillips said that they would although they would not be their focus and would always be behind the counter. Mr. Phillips said that he is also the landlord, and as landlord he discourages having people hanging around the businesses. Since they took over their business in 2007 in Prescott, there have been no arrests for public intoxication.

Mayor Evans closed the public hearing at this time.

Moved by Councilmember Scott Overton, seconded by Councilmember Jim McCarthy to forward a recommendation of approval to the State Department of Liquor Licenses and Control for the application of Flagstaff Liquors.

Vote: 7 - 0 - Unanimously

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to approve Consent Agenda Item 9-A.

Vote: 7 - 0 - Unanimously

Special Services Manager Jennifer Brown briefly reviewed this item, which would approve the grant application and acceptance of $21,324.00. She said that a portion would go to the County (next item), and the City's portion would be used for 228 hours of overtime in their community policing efforts.

Moved by Councilmember Jim McCarthy, seconded by Councilmember Scott Overton to approve the submission of a Grant Application and authorize acceptance upon award for the U.S. Department of Justice, Fiscal Year 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) for the amount of $21,324.00; grant funding will be used to pay for Flagstaff Police officer overtime and for the Sheriff's Office to purchase radio channel recording equipment and two mobile radios for use in patrol vehicles.

Vote: 7 - 0 - Unanimously

Moved by Councilmember Scott Overton, seconded by Councilmember Jim McCarthy to approve the Intergovernmental Agreement (IGA) with Coconino County for the Fiscal Year 2017 Edward Byrne Memorial Justice Assistance Grant in the amount of $6,397.00 for the County to utilize for the purchase of two vehicle radios and recording equipment which aids in diagnosing communication issues.

Vote: 7 - 0 - Unanimously

Human Resources Director Shannon Anderson briefly reviewed the changes proposed, recapping that they would:
 

• Clarify all tenure, tenure eligible and exempt employees are eligible for merit increases.
• Remove step from hiring and promotion process and replace with 12% above the minimum language.
• Clarify employees may be hired between the minimum and midpoint of zone one when in the broad band structure.
• Clarify the City Manager does not review all performance evaluations.
• Clarify the upward salary adjustments section applies to all employees.
• Clarify the employee may only move to the maximum of the new range.
• Change the rezone to after one year in zone one and two years in zone two.
• Clarify a fiscal year rezone versus a mid year rezone request.
• Remove step language to match the change to the regular pay plan

Ms. Anderson noted that in the context of the City of Flagstaff, the term "tenured" meant that they had completed their probationary period and have a right to due process.

Moved by Councilmember Scott Overton, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2017-26 by title only for the first time.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AMENDING THE EMPLOYEE HANDBOOK OF REGULATIONS BY APPROVING CHANGES RELATING TO APPROPRIATE SALARY OF EMPLOYEES UPON HIRING OR PROMOTION, RECLASSIFICATION, AND REZONES; PROVIDING FOR PENALTIES, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE

Grants and Contract Manager Stacy Brechler-Knaggs said that this was the final piece, the matching portion, to the runway project. It was a 4.47% match, with 91.06% coming from the Federal Aviation Administration (FAA) and 4.47% from Arizona Department of Transportation (ADOT).

Vice Mayor Whelan thanked everyone who worked on this project.

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to approve the Grant Agreement with the Arizona Department of Transportation (ADOT) Multimodal Planning Division Aeronautics Group in the amount of $387,332 for the Runway 3/21 Mill and Overlay Project; grant will match the City's costs associated with the project.

Vote: 7 - 0 - Unanimously

Purchasing Manager Patrick Brown explained that last November staff solicited, and opened in February, RFP's for the sale or lease of 303 Lone Tree Road. He said that during the evaluation process things came to light and it was agreed to include this in the new RFP. As a result, they felt they should reject all of the previous proposals.

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Celia Barotz to reject all proposals as submitted for the Request for Proposals (RFP) #2017-10, Sale or Lease of 303 Lone Tree Road property

Vote: 6 - 1

NAY:

Councilmember Scott Overton

Water Services Engineering Manager Ryan Roberts gave a brief PowerPoint presentation on this item, noting that it was legally required to publish a Notice of Intent prior to any consideration to changes in rates.

Moved by Councilmember Jim McCarthy, seconded by Councilmember Eva Putzova to read Resolution No. 2017-24 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL ADOPTING NOTICE OF INTENTION TO INCREASE RECLAIMED WATER RATES OR RATE COMPONENTS, FEES OR SERVICE CHARGES AND ESTABLISHING A DATE FOR A PUBLIC HEARING ON THE PROPOSED CHANGES; THE PUBLIC HEARING DATE TO BE NOVEMBER 7, 2017

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to adopt Resolution No. 2017-24.

Vote: 7 - 0 - Unanimously

Stormwater Manager Chris Kirkendall briefly reviewed this item, noting that it was similar to the prior item, but was regarding possible changes to stormwater rates. He noted that the discussion has not gone before the Water Commission yet, but that will have taken place by the time it comes before Council during the public hearing.

Moved by Councilmember Eva Putzova, seconded by Councilmember Celia Barotz to read Resolution No. 2017-32 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL ADOPTING NOTICE OF INTENTION TO INCREASE STORMWATER RATES OR RATE COMPONENTS, FEES OR SERVICE CHARGES AND ESTABLISHING A DATE FOR A PUBLIC HEARING ON THE PROPOSED CHANGES; THE PUBLIC HEARING DATE TO BE DECEMBER 5, 2017

Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to adopt Resolution No. 2017-32.

Vote: 7 - 0 - Unanimously

Housing Manager Justyna Costa gave a brief PowerPoint presentation which addressed:

HISTORY
153 unit development (30 units designated as permanently affordable)
Built in three phases
   Phase 1 and 2, 22 affordable units
   Phase 3, the recession hit, 8 were built, 2 were sold
6 remaining units (not part of the Land Trust Program)
COUNCIL ACTION REQUESTED
FINANCIAL IMPACT

Councilmember Overton asked about the status of the current tenants and whether they would be displaced. Ms. Costa replied that Housing Solutions will honor the current leases and will let the residents stay until those leases run out.

Moved by Councilmember Scott Overton, seconded by Vice Mayor Jamie Whelan to read Resolution No. 2017-29 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO THE RIO HOMES DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FLAGSTAFF AND AZNORTH DEVELOPMENT, INC. RELATED TO THE DEVELOPMENT OF APPROXIMATELY 45.85 ACRES OF REAL PROPERTY SITUATED NORTHEAST OF THE WOODS AT CLEAR CREEK SUBDIVISION AND ESTABLISHING AN EFFECTIVE DATE

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to adopt Resolution No. 2017-29.

Vote: 7 - 0 - Unanimously

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

The following individuals addressed the Council:

Gabor Kovacs, voiced concern with the recent letter written by the Mayor in response to the Charlottsville incident. He said that the letter lumped together groups such as the KKK with white nationalists, and as an American, he considers himself a nationalist.

Andy Bessler, said that he understood that today a local business had been vandalized. He said that they can talk about other events, but he does not want to see such events happening in Flagstaff. Flagstaff is a beacon for diversity and inclusion and the City cannot tolerate actions like what occurred. He reminded everyone that Flagstaff is surrounded on all sides by diversity and the City was built by different colors and nationalities. In a day that hundreds are outside speaking of DACA (Deferred Action for Childhood Arrivals), as leaders he hoped they could help set a tone of inclusion and diversity at a time it is really needed.

Sustainability Manager Nicole Woodman said that the item before Council tonight was in response to a citizens petition previously submitted by the Climate Action Group in Flagstaff. She then introduced Shawn Newell who gave a PowerPoint presentation which addressed:

LOCAL IMPACTS OF CLIMATE CHANGE
ARIZONA IMPACTS
CLIMATE CHANGE AND FLAGSTAFF
WHAT WE KNOW
CLIMATE SCIENTISTS AGREE
SOLUTION?
1) Place a fee on fossil fuels at the source (mine, well or port)
2) Return all of the revenue to households equally
3) A border adjustment on goods imported from or exported to countries without an equivalent price on carbon.
CCL ADVISORY BOARD
CFD Endorsement
WHAT WILL CARBON FEE AND DIVIDEND DO?
EMISSIONS REDUCTIONS
Down 31% within 10 years
Down 50% within 20 years
JOBS CREATED
HOUSEHOLD DIVIDEND
ABOUT US:
International and local
Nonpartisan
Nonprofit
Solution focus
Respect, appreciation and gratitude

Ms. Newell said that if Flagstaff adopts this resolution, it would be the first Arizona City to adopt such a resolution.

The following individuals spoke in support of the resolution:

•Kathy Fraser
•Don Bayles
•Andy Bessler

Comments received included:

•Moved to Flagstaff in 1969 when the last snows were in May and when they drove from the Valley up the mountain, they could feel the cool air
•If they don't believe in climate change, they are not paying attention
•The Pentagon and elite generals agree that climate change is a critical threat to national security
•Urged Council to vote in favor of the resolution
•Was told a few years ago by the previous mayor that the issue was not something for locals to address
•The State's congressmen are very much interested in hearing from them
•Was there representing the Flagstaff Climate Action Council, which is working to support implementation of the City's Climate Action and Mitigation Plan

Vice Mayor Whelan said that earlier in the day the Council received an e-mail with concerns for individuals that would not be able to afford the increases, nor would they be able to receive the dividend, since they may not have a social security card. She asked if they were putting them at risk economically by passing something like this. She said that she does believe in climate change and supports the resolution, but would like to hear some comment on that. previous e-mail

Ms.Newell said that those types of details are to be worked out with Congress, but the study shows that the poor, lower income, older, and minorities all fair well under this policy.

Gabor Kovacs said that there are aspects of this issue that are bold face lies and misconceptions. He reminded the Council that they are nonpolitical, but this is a political issue.

The following individuals continued support for adoption of the resolution:

•Debbie Brown
•Emerald McCormick
•John Meyer

Comments included:

•They are ready to turn in a second thousand signatures supporting the resolution
•Student at NAU, and student liaison for CCCL
•Passage of this resolution is the first step in their vision for the town
•Passage will show that Flagstaff is proactive rather than reactive
•This is a politically viable policy; it does not impact the lower class or expand government

Councilmember Odegaard thanked everyone for attending the meeting. He said that he met with the organization and it is what he believes in. He did have a few concerns, one being that if this goes to Washington DC that it will sit on a shelf. His other concern is that it is a tax on those that produce the carbon and it will be passed on to the consumer. He is worried that the low income in the society will take on more of the burden. His goal is to look out for the little person, those most vulnerable.

Vice Mayor Whelan said that she shared those concerns, but even more than the financial concern, her major concern is the health aspect, not only for them but for their grandchildren and great grandchildren. She did not know how they could not unanimously support this resolution.

Councilmember McCarthy said that there is the question of whether climate change even exists. He is an engineer and he believes the science. Regardless of the science they can see it, with the glaciers melting and hurricanes becoming unmanageable. He said that some people think that Republicans do not care about this issue. He has done some reflection and it is truly a bipartisan issue. He met with Senator McCain a few years ago, and after they talked about the environmental issues Senator McCain asked them why they had not brought up climate change. He is not the only Republican out there that believes it.

Written comments in support of the resolution were also submitted by:

•Heather Grande
•Madi Moore
•Soha Ramcke
•Sarah Lydford
•Charlie Silver
•Penny Poraun

Moved by Councilmember Celia Barotz, seconded by Mayor Coral J. Evans to read Resolution No. 2017-31 by title only.

Councilmember Odegaard asked if it would be possible to amend the resolution to address his concerns. Mayor Evans suggested they take a brief break to come up with some proposed language.

A break was held from 6:50 p.m. to 7:00 p.m.

At this time some language was proposed, but in the end, no action was taken on it. Mayor Evans said that she appreciated that Councilmember Odegaard was trying to get himself aligned with this, and appreciated the Council would like to get a strong showing of support. She said that she did think that the way the resolution is written now speaks to the point of those that are poor and wealthy.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL URGING THE UNITED STATES CONGRESS TO PASS CARBON FEE AND DIVIDEND LEGISLATION

Moved by Councilmember Celia Barotz, seconded by Councilmember Eva Putzova to adopt Resolution No. 2017-31.

Vote: 7 - 0 - Unanimously

Planning Development Manager Elaine Averitt briefly reviewed the proposed preliminary plat for Trails End Mesa Estates, noting that the Planning and Zoning Commission had recommended approval with five conditions.

Vice Mayor Whelan said that she was excited to see this size home being built, and asked how many units were deemed affordable. Tom Brewster said that there are no designated affordable units, but the aim was to have the most affordable new construction in Flagstaff. The price point is between $275,000 and $325,000. They are smaller in size, but three bedrooms, with room for additions.

Vice Mayor Whelan asked what strategies they had for sustainability. Mr. Brewster said that a lot of the building codes now require almost a green build and they intend to incorporate as many of those in, keeping in mind they want to keep the price low. He said that people could add rain barrels and solar would be easy for individual homeowners to add.

Councilmember Barotz reminded the Council that as long as the plats conform to the standards they cannot withhold approval of the plan, even if they do not agree with it. She asked Mr. Brewster if they were actually building the homes or if they were selling the lots. Mr. Brewster said that they intend to build it out; they may open up lots to other builders.

Councilmember McCarthy said that he also thought this was a good project and that Flagstaff needs more projects like this. He suggested they consider upgrading the insulation as it is a minimal increase in cost, but provides additional savings to the homeowners, and other builders have been willing to put it in.

Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to approve the preliminary plat with the following conditions: 1. With the civil engineering plans submittal, provide details of the Walking/Hiking Trail in the proposed Open Space area. Preliminary Plat Note 3 (Sheet No. 1 of 5) proposes two different types of trail: 1) follows existing terrain; and 2) where slopes become too steep, rocks and boulders shall be used to create steps. Please provide a detail for each condition. In addition, show (plan view) any existing trees that will remain in the Open Space areas; 2. With the civil engineering plans submittal, provide a detail similar to Detail B-B (Sh.3) showing the rockery wall and tree planting well in the stepped part of wall; 3. The typical Single-Family lot detail that is shown on the preliminary plat must be placed on the final plat as well as the special notes related to the roadway and access.; 4. The diverter island needs to be addressed on Dodge and Trails End intersection; and 5. Areas of impervious surfaces at or near the site entrance should be routed to the LID basin to the maximum extent practicable during final design.

Vote: 7 - 0 - Unanimously

Councilmember Overton reported that NAIPTA (Northern Arizona Intergovernmental Public Transportation Authority) applied for an ambitious grant and it was awarded to them. He said that there will be a public roll out of the notice, but it is substantial. Additionally, they have added five new articulated buses to Route 10 (university route).

Council agreed to move this item forward to a future agenda.

Brief discussion was held and it was agreed to move this item forward to a future agenda. Councilmember McCarthy suggested they explore the full range of things they could do. Mr. Solomon noted that by adding that wording, it would need to be a new F.A.I.R. item.

Councilmember Odegaard asked that they bring forward the DACA issue and look at the resolutions they already have. Brief discussion was held and the city manager was asked to consider bringing this issue back soon as it was time sensitive.

Councilmember Odegaard asked that the Police Department keep the Council informed of the status of the vandalism at the business downtown.

Vice Mayor Whelan reported that she did meet with NAU's President Cheng and they had a good, healthy discussion about partnering to keep the community healthy and engaged. They will be working together to mitigate the impacts of growth that both communities are experiencing, and she is looking forward to choosing some projects to mitigate those impacts.

Brief discussion was held on the ability to meet with the Board of Regents. Mr. Copley noted that they, like any public body, accept input from governments and councils and they have been invited to attend their meetings. They will continue to work through the available channels to have a joint meeting with them. It was his understanding that there is a letter coming to the Council declining such an invitation, and neither Tucson nor Tempe have been successful in having those types of meetings.

Vice Mayor Whelan said that her understanding of when they met with the NAU Regent from Flagstaff was that there was a discussion about meeting with all of the Council, but they did not want to set a precedent. Their response to that was to put it back into the hands of the President and her understanding is that the President is looking to meet with the Council and work with them.

Mayor Evans said that she was very disappointed that the Board of Regents does not believe that a meeting with Council is necessary given the impact they have with the growth of the university. In understanding that they have delegated their authority to the President, and understanding that some of them have had the opportunity to speak with her and others have not, perhaps they could ask the President to meet with the council once they receive the letter, so the community understands the communication.

Mayor Evans said that she and the Vice Mayor toured a section of the Rio de Flag that has been rehabbed. As they move forward and before budget discussions, she would like to have a work session where they invite the community and have a discussion about the design, explaining what 90% design means, as well as an open channel. She said that there seems to be some confusion on the Council and she would like to discuss the costs associated with the project.

Mayor Evans requested a Council Community Report (CCR) on the City's design review process. She said that they used to have a design review process for building. She would like to have the history on the DRB as well as what they do now, who is in charge, and how they incorporate the concept of design into building approvals.

Mr. Copley reminded Council that if anyone was available, the United Way Kick-Off Luncheon was on Thursday and they were all invited. He also reminded Council that next week they would be talking about the budget calendar and concept zoning for scattered site RFP. He also reminded Council of the upcoming trip to the Navajo Nation on September 14.

The Regular Meeting of the Flagstaff City Council held September 5, 2017, adjourned at 7:54 p.m.