CITY COUNCIL REGULAR MEETING
TUESDAY, NOVEMBER 7, 2017
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN
4:30 P.M. AND 6:00 P.M.
TUESDAY, NOVEMBER 7, 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 the Regular Meeting of the Flagstaff City Council held November 7, 2017, to order at 4:30 p.m.
Mayor Evans called the Regular Meeting of the Flagstaff City Council held November 7, 2017, to order at 4:30 p.m.
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).
2.
ROLL CALL
| 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: Deputy City Manager Shane Dille and City Attorney Sterling Solomon.
3.
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
Tthe audience and City Council recited the Pledge of Allegiance and Mr. Solomon 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 Retreat of February 16, 2017; the Budget Retreat of April 26-27, 2017; the Special Meeting of May 31, 2017; the Work Session of August 29, 2017; the Work Session of September 12, 2017; the Work Session of September 26, 2017; the Special Meeting (Executive Session) of October 10, 2017; the Joint Meeting of October 11, 2017; the Regular Meeting of October 17, 2017; the Special Meeting (Executive Session) of October 24, 2017; and the Special Meeting (Executive Session) of October 31, 2017
Moved by Councilmember Scott Overton, seconded by Councilmember Celia Barotz to approve the minutes of the City Council Retreat of February 16, 2017; the Budget Retreat of April 26-27, 2017; the Special Meeting of May 31, 2017; the Work Session of August 29, 2017; the Work Session of September 12, 2017; the Work Session of September 26, 2017; the Special Meeting (Executive Session) of October 10, 2017; the Joint Meeting of October 11, 2017; the Regular Meeting of October 17, 2017; the Special Meeting (Executive Session) of October 24, 2017; and the Special Meeting (Executive Session) of October 31, 2017.
Vote: 7 - 0 - Unanimously
5.
PUBLIC PARTICIPATION
Public Participation enables the public to address the Council about an item that is not on the agenda. Comments relating to items that are on the agenda will be taken at the time that the item is discussed. If you wish to address the Council at tonight's meeting, please complete a comment card and submit it to the recording clerk as soon as possible. Your name will be called when it is your turn to speak. You may address the Council up to three times throughout the meeting, including comments made during Public Participation. Please limit your remarks to three minutes per item to allow everyone an opportunity to speak. At the discretion of the Chair, ten or more persons present at the meeting and wishing to speak may appoint a representative who may have no more than fifteen minutes to speak.
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.
Sat Best addressed Council on behalf of the Conservation Study Forum with regards to the citizen petition they submitted for amendments to the Resource Protection Standards of the Zoning Code.
6.
PROCLAMATIONS AND RECOGNITIONS
None
None
7.
LIQUOR LICENSE PUBLIC HEARINGS
Mayor Evans opened the public hearing
Deputy Police Chief Dan Musselman introduced the three applications.
Councilmember McCarthy called out concerns with the Teppan Fuji application due to one of the applicants providing alcohol to minors at an unlicensed premise as well as with the Western Post application because one of the principles was arrested for an extreme DUI and there were two citations for selling to underage customers.
Danny Thomas, agent for the Teppan Fuji license, addressed the Council stating that he understands the concerns about the citations; he noted that the individual has nothing else in his background and the case was dismissed with prejudice.
Vice Mayor Whelan asked that the applicant be mindful of checking identification at Teppan Fuji given its close proximity to the university and student housing. Mr. Li, owner of Teppan Fuji, stated that he will be checking all identification and operating within the confines of the law.
Mayor Evans asked if David Hernandez, the applicant for Western Post, would speak to the concerns of Councilmember McCarthy. Mr. Hernandez explained that he has made his share of mistakes, he is trying to open his business and support his family and those prior infractions will not prohibit him from running his business properly. He completed the terms of the plea agreement and did his due diligence in reporting the DUI even though the five-year reporting term has expired. With regard to the underage selling, one of the employees was dismissed and the other was reprimanded.
Mayor Evans closed the public hearing.
The Council requested that each application be voted on independently.
Deputy Police Chief Dan Musselman introduced the three applications.
Councilmember McCarthy called out concerns with the Teppan Fuji application due to one of the applicants providing alcohol to minors at an unlicensed premise as well as with the Western Post application because one of the principles was arrested for an extreme DUI and there were two citations for selling to underage customers.
Danny Thomas, agent for the Teppan Fuji license, addressed the Council stating that he understands the concerns about the citations; he noted that the individual has nothing else in his background and the case was dismissed with prejudice.
Vice Mayor Whelan asked that the applicant be mindful of checking identification at Teppan Fuji given its close proximity to the university and student housing. Mr. Li, owner of Teppan Fuji, stated that he will be checking all identification and operating within the confines of the law.
Mayor Evans asked if David Hernandez, the applicant for Western Post, would speak to the concerns of Councilmember McCarthy. Mr. Hernandez explained that he has made his share of mistakes, he is trying to open his business and support his family and those prior infractions will not prohibit him from running his business properly. He completed the terms of the plea agreement and did his due diligence in reporting the DUI even though the five-year reporting term has expired. With regard to the underage selling, one of the employees was dismissed and the other was reprimanded.
Mayor Evans closed the public hearing.
The Council requested that each application be voted on independently.
A.
Consideration and Action on Liquor License Application: Joel Gat, "Trail Crest Brewing Company", 1800 S. Milton Rd., Suite 11, Series 12 (restaurant), New License.
Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova to forward the application to the State with a recommendation of approval.
Vote: 7 - 0 - Unanimously
B.
Consideration and Action on Liquor License Application: Danny Thomas, "Teppan Fuji", 2500 S. Woodlands Village Blvd., Suite 9, Series 12 (restaurant), New License.
Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova to forward the application to the State with a recommendation of approval.
Vote: 6 - 1
- NAY:
-
Councilmember Jim McCarthy
C.
Consideration and Action on Liquor License Application: David Hernandez "Western Post", 12 E. Route 66, Suite 102., Series 10 (beer and wine store), New License.
Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova to forward the application to the State with a recommendation of approval.
Vote: 6 - 1
- NAY:
-
Councilmember Jim McCarthy
8.
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.
Vice Mayor Whelan requested that item H be pulled from the consent agenda.
Councilmember Putzova requested that item G be pulled from the consent agenda.
Councilmember Putzova requested that item G be pulled from the consent agenda.
Moved by Councilmember Celia Barotz, seconded by Councilmember Charlie Odegaard
to approve consent items A-F.
Vote: 7 - 0 - Unanimously
A.
Consideration and Approval of Joint Funding Agreement: between the U.S. Department of Interior, U.S. Geological Survey and the City of Flagstaff for Monitoring the C Aquifer of the Middle and Lower Little Colorado River Basins.
Approve the Agreement with the U.S. Geological Survey to contribute $16,700 per year for up to three (3) years.
B.
Consideration and Approval of Cooperative Contract: Purchase of 624 residential trash and recycle containers from Toter, Inc. utilizing the City of Tucson Cooperative Purchase Contract (Contract No. 120576-01).
Staff recommends approval of the purchase of 624 residential and recycle containers from Toter, Inc. utilizing the City of Tucson Cooperative Purchase Contract for a total dollar amount of $35,584.98.
C.
Consideration and Approval of Final Plat: Request from VP 66 & Woody Mountain LLC for the subdivision of 12.86 acres known as Aries at Timber Sky Phase 1 into 35 single-family residential lots within the Single-family Residential (R1) 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 (attached) when notified by staff that all documents are ready for signature and recordation.
D.
Consideration and Approval of Final Plat: Request from VP 66 & Woody Mountain LLC for the subdivision of 22.43 acres known as Orion at Timber Sky into 89 single-family residential lots within the Single-family Residential (R1) 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 (attached) when notified by staff that all documents are ready for signature and recordation.
E.
Consideration and Approval of Final Plat: Request from VP 66 & Woody Mountain LLC for the subdivision of 7.53 acres known as Adora at Timber Sky Phase 1 into 35 single-family residential lots within the Medium Density Residential (MR) 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 (attached) when notified by staff that all documents are ready for signature and recordation.
F.
Consideration and Approval of Street Closure(s): New Year's Eve Safety Street Closure
Approve the street closure of Aspen Avenue (between San Francisco Street and Beaver Street) and Leroux Street (between Route 66 and Birch Avenue) on December 31, 2017, from 8:00 PM, to January 1, 2018, at 1:30 AM.
G.
Consideration and Approval of Amendments: Amendments to the Business Incubator and Accelerator Service Agreement and Leases with Northern Arizona Center for Entrepreneurship and Technology (NACET), extending the term of these agreements by six months.
Councilmember Putzova asked what prevented the City from negotiating the terms of the lease by the renewal date. Community Investment Director David McIntire stated that staff and NACET started months ago but recently reached a complex issue that needed further research. Staff felt that six months would not impact either party negatively and would allow staff to do the necessary research.
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to approve the amendments for the NACET Service Agreement, Business Incubator Master Lease Agreement, and Business Accelerator Lease Agreement.
Vote: 7 - 0 - Unanimously
H.
Consideration and Approval of Professional Services Contract: Wastewater Biosolids Master Plan.
Vice Mayor Whelan stated that $625,000 is a lot of money and there are only a few things that can actually be done with biosolids. She would rather see the City hire some expertise to do this study in-house.
Councilmember Barotz asked about the $225,000 that is going to come out of the Wildcat Gas Conveyance Line. Water Services Engineering Manager Ryan Roberts stated that there is $400,000 budgeted for the project but the final contract amount was higher than originally anticipated so funding has been allocated from the Gas Conveyance Line project to make up the shortfall.
Councilmember Barotz questioned the benefit of hosting a series of public meetings at a significant cost; this is a very specific topic and one that is difficult to understand. The turnout will likely be low and she questions the value.
Councilmember Putzova asked if there has been any consideration of doing part of the study in-house with new employees that can also be used for other purposes. Mr. Roberts stated that staff did look at whether the City could bring in or hire staff to do all or some of the work. Part of the problem is that it is expensive to get the specialized expertise needed; the salary range is around $110,000.
Councilmember McCarthy asked if there are things in the scope of work that might be adjusted for a lower cost. Water Services Director Brad Hill offered that his suggestions is to look at the community outreach piece suggested by Councilmember Barotz to see if there are some areas that cuts can be made.
Vice Mayor Whelan indicated that the technology in reclaimed water is changing so rapidly; she asked why the City is looking out so far knowing that the technology will likely change. Mr. Roberts explained that he is looking ahead from a Capital Improvement Project standpoint. The City will be doing a new rate study in 2019-2020 and when that time comes it is important to have good estimates for those projects. The study identifies a good sequence of events that are based on trigger points rather than time. From a planning standpoint it is necessary to be well aware of when those costs could come in order to vet them properly.
Councilmember Barotz asked about the $225,000 that is going to come out of the Wildcat Gas Conveyance Line. Water Services Engineering Manager Ryan Roberts stated that there is $400,000 budgeted for the project but the final contract amount was higher than originally anticipated so funding has been allocated from the Gas Conveyance Line project to make up the shortfall.
Councilmember Barotz questioned the benefit of hosting a series of public meetings at a significant cost; this is a very specific topic and one that is difficult to understand. The turnout will likely be low and she questions the value.
Councilmember Putzova asked if there has been any consideration of doing part of the study in-house with new employees that can also be used for other purposes. Mr. Roberts stated that staff did look at whether the City could bring in or hire staff to do all or some of the work. Part of the problem is that it is expensive to get the specialized expertise needed; the salary range is around $110,000.
Councilmember McCarthy asked if there are things in the scope of work that might be adjusted for a lower cost. Water Services Director Brad Hill offered that his suggestions is to look at the community outreach piece suggested by Councilmember Barotz to see if there are some areas that cuts can be made.
Vice Mayor Whelan indicated that the technology in reclaimed water is changing so rapidly; she asked why the City is looking out so far knowing that the technology will likely change. Mr. Roberts explained that he is looking ahead from a Capital Improvement Project standpoint. The City will be doing a new rate study in 2019-2020 and when that time comes it is important to have good estimates for those projects. The study identifies a good sequence of events that are based on trigger points rather than time. From a planning standpoint it is necessary to be well aware of when those costs could come in order to vet them properly.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve the Professional Services Contract with Carollo Engineers for the Wastewater Biosolids Master Plan (BMP) in the amount of $625,000. This will allow the City to plan for the future treatment, and disposal of wastewater Biosolids from the Wildcat Hill Water Reclamation Plant.
Vote: 6 - 1
- NAY:
-
Vice Mayor Jamie Whelan
9.
ROUTINE ITEMS
A.
Consideration and Approval of the Contract: First Amendment to the Professional Services Contract for the Flagstaff Police Department Employer Assisted Housing Program (FPD-EAH), Contract No. 2015-60 between City of Flagstaff and Housing Solutions of Northern Arizona, Inc. (HSNA).
Housing and Grants Administrator Leah Bloom provided a PowerPoint presentation that covered the following:
EMPLOYER ASSISTED HOUSING (EAH)
FUNDING HISTORY OF EAH
HISTORY OF POLICE DEPT. – EAH
COUNCIL GOAL & FY 18 BUDGET
RECOMMENDED AMENDMENTS
NEXT STEPS AND QUESTIONS
Councilmember Overton stated that some of the Police Department recipients have generally stated that it helped them stay in the community. He asked if there was a way to quantify the benefit and if it aided in retention. Deputy Police Chief Dan Musselman stated that nine officers have taken advantage of the benefit and in three households both partners were part of the department. The Police Department will take whatever it can sell to get and keep officers here; any tool will be beneficial. There are currently officers in training who are looking forward to utilizing the program.
Councilmember McCarthy stated that the program was instituted when the Police Department was having a problem getting people to come and stay at the City. It was a good idea in that special circumstance; he is hesitant to extend the program organization wide. It may make more sense to take the funds and apply it to raising salaries.
Councilmember Putzova offered that the City’s salaries are not competitive for the market and Flagstaff is a high cost area; she is supportive of using the program as a retention tool for all employees. Unfortunately $100,000 spread over all employees will equate to very little but it is a step towards creative retention strategies for everyone; Police and Fire personnel are very important as are all City employees.
Vice Mayor Whelan stated that she likes the program and she would like to see it open to everyone; owning homes changes lives and gives security. Ms. Bloom stated that the Housing Section will be coming to Council in the near future regarding housing assistance programs for community members.
Councilmember McCarthy asked about the $1,250 administrative fee. Ms. Bloom stated that the fee is for the services Housing Solutions of Northern Arizona provides. They will work with the employee to make sure they are housing ready before taking advantage of the program. They will work to address concerns and challenges along the way. The fee is only collected at the end of the process with closing, so they will work with these employees prior to receiving a fee.
EMPLOYER ASSISTED HOUSING (EAH)
FUNDING HISTORY OF EAH
HISTORY OF POLICE DEPT. – EAH
COUNCIL GOAL & FY 18 BUDGET
RECOMMENDED AMENDMENTS
NEXT STEPS AND QUESTIONS
Councilmember Overton stated that some of the Police Department recipients have generally stated that it helped them stay in the community. He asked if there was a way to quantify the benefit and if it aided in retention. Deputy Police Chief Dan Musselman stated that nine officers have taken advantage of the benefit and in three households both partners were part of the department. The Police Department will take whatever it can sell to get and keep officers here; any tool will be beneficial. There are currently officers in training who are looking forward to utilizing the program.
Councilmember McCarthy stated that the program was instituted when the Police Department was having a problem getting people to come and stay at the City. It was a good idea in that special circumstance; he is hesitant to extend the program organization wide. It may make more sense to take the funds and apply it to raising salaries.
Councilmember Putzova offered that the City’s salaries are not competitive for the market and Flagstaff is a high cost area; she is supportive of using the program as a retention tool for all employees. Unfortunately $100,000 spread over all employees will equate to very little but it is a step towards creative retention strategies for everyone; Police and Fire personnel are very important as are all City employees.
Vice Mayor Whelan stated that she likes the program and she would like to see it open to everyone; owning homes changes lives and gives security. Ms. Bloom stated that the Housing Section will be coming to Council in the near future regarding housing assistance programs for community members.
Councilmember McCarthy asked about the $1,250 administrative fee. Ms. Bloom stated that the fee is for the services Housing Solutions of Northern Arizona provides. They will work with the employee to make sure they are housing ready before taking advantage of the program. They will work to address concerns and challenges along the way. The fee is only collected at the end of the process with closing, so they will work with these employees prior to receiving a fee.
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Eva Putzova to approve the First Amendment to the Professional Services Contract for the Flagstaff Police Department Employer Assisted Housing Program (FPD-EAH), Contract No. 2015-60 between City of Flagstaff and Housing Solutions of Northern Arizona, Inc. (HSNA).
Vote: 7 - 0 - Unanimously
RECESS
The 4:30 p.m. portion of the November 7, 2017, Regular Council Meeting recessed at 5:40 p.m.
6:00 P.M. MEETING
RECONVENE
Mayor Evans reconvened the Regular Meeting of November 7, 2017, at 6:03 p.m.
Mayor Evans reconvened the Regular Meeting of November 7, 2017, at 6:03 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).
10.
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: Deputy City Manager Shane Dille and City Attorney Sterling Solomon.
11.
PUBLIC PARTICIPATION
Al White addressed Council with regards to the impact of the increases in minimum wage on the agencies in Flagstaff that provide services to people who cannot function independently. He would like to see the City make up the difference between what the State will reimburse and the remaining shortfall.
Armando Bernasconi addressed Council requesting the City close the gap between the State funding for Prop. 206 and Flagstaff’s Prop. 414 for agencies that serve the disabled population.
John Viktora addressed Council regarding various acts of terrorism and the gender and race pay gap that exists in the United States.
Andy Fernandez addressed Council with various items of concern.
Armando Bernasconi addressed Council requesting the City close the gap between the State funding for Prop. 206 and Flagstaff’s Prop. 414 for agencies that serve the disabled population.
John Viktora addressed Council regarding various acts of terrorism and the gender and race pay gap that exists in the United States.
Andy Fernandez addressed Council with various items of concern.
12.
CARRY OVER ITEMS FROM THE 4:30 P.M. AGENDA
13.
PUBLIC HEARING ITEMS
A.
Public Hearing, Consideration and Possible Adoption of Ordinance No. 2017-28: An ordinance of the City of Flagstaff amending Title 7, Health and Sanitation, of the Flagstaff City Code, by amending Chapter 7-03-001-0018 "Reclaim Water Rate Schedule" thereof. (Ordinance increasing certain utility rates)
Mayor Evans opened the Public Hearing.
Water Services Engineering Manager Ryan Roberts provided a PowerPoint presentation that covered the following:
RECLAIMED WATER RATES
OVERVIEW
PROPOSED RATE ADJUSTMENT
PROPOSED RATE ADJUSTMENT – ON PEAK
PROPOSED RATE ADJUSTMENT – OFF PEAK
PROPOSED RATE ADJUSTMENT EFFECT
RATE COMPARISON OF OTHER CITIES
The following individuals addressed Council in favor of a reclaimed water rate increase:
The following individuals addressed Council in opposition of a reclaimed water rate increase:
Mayor Evans closed the public hearing.
Water Services Engineering Manager Ryan Roberts provided a PowerPoint presentation that covered the following:
RECLAIMED WATER RATES
OVERVIEW
PROPOSED RATE ADJUSTMENT
PROPOSED RATE ADJUSTMENT – ON PEAK
PROPOSED RATE ADJUSTMENT – OFF PEAK
PROPOSED RATE ADJUSTMENT EFFECT
RATE COMPARISON OF OTHER CITIES
The following individuals addressed Council in favor of a reclaimed water rate increase:
- Ward Davis
- Robert Vane
- There is a difference in the infrastructure off-peak users use.
- Off-Peak users should not have to pay for storage for the other rate classes.
- Support the 6.2% increase.
- Reclaimed water customers receive a discount of 65%, the Off-Peak rate class receive an additional 13% rate reduction as a benefit for providing their own storage and taking their water at night; more equity is needed.
- The golf course does wonderful things for the community but NAU, FUSD, City Parks and other users do great things for the community as well.
- Stick with the direction from three weeks ago and give all users the same increase.
The following individuals addressed Council in opposition of a reclaimed water rate increase:
- Bill McGrath
- Chris Shields
- David Chambers
- John Nilsson
- Jack Rathjen
- Andy Fernandez
- Almost all of the surrounding cities provide a municipal golf course as a city service.
- The Continental golf course reported a net loss and an increase will further increase that loss.
- An increase in the rate would require an increase of fees at the golf course.
- An increase in the rate would require a possible increase to HOA dues for the households in Continental Country Club.
- The two tier pricing affects anyone who uses over 150 million gallons; Continental is the only user in that class.
- Continental Country Club paid for the distribution line to the lakes and they provide 41 million gallons of storage.
- Recommend eliminating the two-tier pricing and freeze the rate at $1.38 for Continental.
- There has been no consideration of the infrastructure that was provided by Continental.
- If there must be an increase the 6.2% increase is preferred over the 7.2% increase.
- As a Continental homeowner I am subsidizing golf for the community.
- The homeowners in the Continental Country Club should not be paying for everyone else to golf.
- There should be a reduction in the rate for providing the service.
- There will be a movement to shut down the golf course should the increase move forward.
- Everyone except Continental is in the reclaimed system and gets their water from Buffalo Park.
- Continental Country Club pays for the water that is not being used by any other customer and would otherwise be discarded.
Mayor Evans closed the public hearing.
Moved by Councilmember Eva Putzova, seconded by Councilmember Celia Barotz seconded to read Ordinance 2017-28 by title only for the first time with the rate of 87% of commercial for the off-peak golf course rate.
Councilmember Overton stated that the motion on the table is the 7.2% increase that includes the system improvements that benefit the entire city. The Water Commission approved the 6.2% increase; he asked what project would fall off the list to accommodate the Water Commission recommendation. Management Services Director Rick Tadder explained that the 7.2% would only increase revenue and no projects would be deferred; with more revenue there is less to borrow or bond.
Vote: 4:3
NAY: Vice Mayor Whelan
Councilmember Overton stated that the motion on the table is the 7.2% increase that includes the system improvements that benefit the entire city. The Water Commission approved the 6.2% increase; he asked what project would fall off the list to accommodate the Water Commission recommendation. Management Services Director Rick Tadder explained that the 7.2% would only increase revenue and no projects would be deferred; with more revenue there is less to borrow or bond.
Vote: 4:3
NAY: Vice Mayor Whelan
Councilmember Scott Overton
Councilmember Charlie Odegaard
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA AMENDING SECTIONS 7-03-001-0018, RECLAIMED WATER RATE SCHEDULE, OF THE FLAGSTAFF CITY CODE
A break was held from 7:30 p.m. through 7:39 p.m.
Mayor Evans stated that there is some confusion about the previous vote and asked for the Council to take a roll-call vote to provide the necessary clarification.
A roll call vote was taken.
A break was held from 7:30 p.m. through 7:39 p.m.
Mayor Evans stated that there is some confusion about the previous vote and asked for the Council to take a roll-call vote to provide the necessary clarification.
A roll call vote was taken.
Moved by Councilmember Eva Putzova, seconded by Councilmember Celia Barotz to read Ordinance 2017-28 by title only for the first time with the rate of 87% of commercial for the off-peak golf course rate.
Vote: 3 - 4
- AYE:
-
Councilmember Celia Barotz
Councilmember Eva Putzova
Councilmember Jim McCarthy
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to read Ordinance 2017-28 by title only for the first time amended to include the Water Commission recommendation of a 6.2% increase.
Vote: 6 - 1
- NAY:
-
Councilmember Celia Barotz
14.
REGULAR AGENDA
A.
Consideration and Adoption of Resolution No. 2017-38: A resolution of the Flagstaff City Council opposing uranium mining and the transportation of uranium ore through the City of Flagstaff and indigenous lands, and reaffirming Flagstaff as a nuclear free zone.
Assistant to the City Manager Claeb Blaschke provided a brief background on the item. Staff is looking for direction from Council on what they would like to see in a Resolution.
The following individuals addressed Council in support of the Resolution:
Mr. Solomon stated that with respect to some of the edits suggested he would recommend going into Executive Session for legal advice.
The following individuals addressed Council in support of the Resolution:
- Emily Melhorn
- Davone Blackhorse
- Milton Tso
- Gary Lee
- Leilani Clark
- Tyler Linner
- Ramon Maestas
- Alicyn Gitlin
- Cecily Shaddy
- Robin Bradley
- Ophelia Watahomigie-Corliss
- Berta Benally
- Uncle Don Fanning
- Representative Wenona Benally
- Makaius Marks
- Susan Alzner
- F-Cubed supports a resolution in opposition to uranium transportation.
- The Council should explore how to take action at the state level on how to end transportation.
- Contamination affects people, animals and medicinal plants.
- There has been a disruption to the healing processes and ways of life.
- Uranium does not belong to us, it belongs to Mother Earth.
- Uranium will affect your town and drinking water.
- Many lives have been lost to cancer caused by uranium.
- Many residents and visitors share narrow roads with trucks covered only by a tarp carrying hazardous materials.
- Uranium mining desecrates the Grand Canyon, desecrates the drinking water and dusts streets with radioactivity.
- A resolution will encourage others to take action.
- No economic incentives can compensate a suffering family.
- This material must be kept out of our communities.
- A resolution is not enough, more is needed.
- Stop uranium mining and transportation in Northern Arizona and across the country.
- As a City Council you have the opportunity to give an example of how to stand against uranium mining.
- The City is limited on what it can do but thank you for adding this to the lobbying agenda.
- The City should use its voice any way it can.
- The City needs to follow up on the resolution with an ordinance that bans transportation of uranium.
- Uranium mining and transportation is dangerous to us all.
- The City could face federal issues in passing an ordinance but there is power in bringing forth change.
- Future generations will continue to be affected if the hauling is allowed to continue.
- The resolution is toothless without an ordinance that states what the City will do to block the transport of uranium.
- Accidents will happen and these accidents will shift the perception of people travelling through Flagstaff or doing business with Flagstaff.
- There is no real safe way to transport ore.
- Radioactive dust will find its way to the side of the road to be kicked up and breathed by all of us.
Written comment cards in support of the Resolution were submitted by the following individuals:
- Joseph Ukockis
- Heather Giovale
- Brooke Pacheco
- Abigail Stetson
- Elea Ziegelbaum
- Greta Murphy
- Taylor Leahy
- Gretchen Kies
- Mariah Ashley
- Cody Grey
- Laura Blair
- Robyn Jackson
- Chris Jocks
- Anya Metcalfe
- Holly Stahl
- Sean Parson
- Micah F-B
- Nicholas Jones
- Penny Braum
- Kevin Shaw
- Isabel Marshall
- Sumayyah David
- Ivy Kellog
- Madison Ledgerwood
- Katie Giovale
- Melissa Giovale
- Sara Johnston
- Lani Weis
- Gary Lee
- Seth Terrell
- Klee Benally
- Dawn Dyer
- John Meyer
- Ariana Hill
- Jacob Erikson
- Selest Manning
- Rachel Ellis
- Jordan
- Maria Archibald
Mr. Solomon stated that with respect to some of the edits suggested he would recommend going into Executive Session for legal advice.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Celia Barotz to recess into Executive Session for legal advice.
Vote: 7 - 0 - Unanimously
The Council recessed into Executive Session at 8:33 p.m. and reconvened into Regular Session at 9:05 p.m.
The Council discussed making the following amendments to the draft resolution:
- Add a Whereas statement at the beginning that states “that the transportation of uranium ore through Flagstaff could put Flagstaff residents at risk”
- Second Whereas add “and environmental” after the word social.
- Third Whereas add “and regional tribal nation neighbors” after members.
- Add as the fourth Whereas “the City Council supports the Havasupai Tribes opposition to uranium mining, and the transportation of uranium ore, in the Grand Canyon region”
- In the fifth Whereas delete “have a history of supporting indigenous communities” and add “have historically opposed actions furthering radioactive pollution in the region including”
- In the Enactments section add “the Flagstaff City Council affirms its” and add “and other radioactive material from Canyon Mine to the White Mesa Mill near Blanding Utah.”
- In the Be it Further Resolved statement add “and environmental” after social and add “stands” before ready to engage.
Moved by Councilmember Celia Barotz, seconded by Councilmember Eva Putzova to read Resolution No. 2017-38 as amended by title only.
Councilmember Barotz stated that this is just the beginning and the City will need everyone to help make meaningful changes. It may take several years before changes are made at the state level and it is important that we all stay engaged.
Councilmember Putzova stated that the resolution is committing to take action and she would like to propose specific actions. She would like Council to work with its representatives on a number of things that were brought forward like protecting public lands and the closure of the Canyon Mine and she would like Council support for those actions.
Mayor Evans thanked everyone for coming and providing input. She stated that it is true that the transportation of ore is regulated by federal entities but many laws have been changed or overturned because the people have found them to be unjust. The legacy of uranium mining throughout Northern Arizona is unjust. She would like to see the Council take a unified stand with a unanimous vote.
Vote: 6 - 1
- NAY:
-
Councilmember Scott Overton
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL OPPOSING URANIUM MINING AND THE TRANSPORTATION OF URANIUM ORE THROUGH THE CITY OF FLAGSTAFF AND INDIGENOUS LANDS, AND REAFFIRMING FLAGSTAFF AS A NUCLEAR FREE ZONE
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Celia Barotz to adopt Resolution No. 2017-38 as amended.
Vote: 6 - 1
- NAY:
-
Councilmember Scott Overton
B.
Consideration and Possible Adoption of Resolution No. 2017-37: Intergovernmental Agreement (IGA) with the State of Arizona, acting by and through the Arizona Department of Transportation (ADOT), for the JCT SR 89A/Plaza Way water main relocation.
Engineering Project Manager Mac McNamera provided some background information about the Plaza Way water main relocation project. The IGA will reimburse ADOT for the water main relocation.
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to read Resolution No. 2017-37 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF FLAGSTAFF FOR THE RELOCATION OF A CITY WATERLINE LOCATED ALONG MILTON ROAD BETWEEN SOUTH PLAZA WAY AND WEST RIORDAN ROAD, WHICH IS REQUIRED AS PART OF STREET AND SIDEWALK IMPROVEMENTS THAT ARE BEING COMPLETED BY THE STATE
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2017-37.
Vote: 7 - 0 - Unanimously
C.
Consideration and Approval of Preliminary Plat Request from Miramonte Arizona, LLC for Preliminary Plat approval for Miramonte @ Dale Avenue Condominiums, a 12-unit residential condominium subdivision on a .31-acre site in the T4N.1 transect zone.
Planning and Development Manager Elaine Averitt provided a PowerPoint presentation that covered the following:
PRELIMINARY PLAT FOR MIRAMONTE @ DALE AVENUE
ZONING MAPS
BUILDING TYPE
PRELIMINARY BUILDING ELEVATIONS/PERSPECTIVE
TRANSECT STANDARDS
PRELIMINARY PLAT – OVERALL SITE DIMENSIONS
FIRST FLOOR PLAT
SECOND AND THIRD FLOOR PLAT
SYSTEMS ANALYSIS
REQUIRED FINDINGS
STAFF RECOMMENDATIONS
Councilmember Odegaard asked if the parking reduction is realistic. Ms. Averitt stated that since the project is in a transect zone and the goal is more walkability there is a slight reduction but there is at least one space per unit. Staff believes that it is realistic; the required parking without the reductions is 18, with reductions it is 15.
PRELIMINARY PLAT FOR MIRAMONTE @ DALE AVENUE
ZONING MAPS
BUILDING TYPE
PRELIMINARY BUILDING ELEVATIONS/PERSPECTIVE
TRANSECT STANDARDS
PRELIMINARY PLAT – OVERALL SITE DIMENSIONS
FIRST FLOOR PLAT
SECOND AND THIRD FLOOR PLAT
SYSTEMS ANALYSIS
REQUIRED FINDINGS
STAFF RECOMMENDATIONS
Councilmember Odegaard asked if the parking reduction is realistic. Ms. Averitt stated that since the project is in a transect zone and the goal is more walkability there is a slight reduction but there is at least one space per unit. Staff believes that it is realistic; the required parking without the reductions is 18, with reductions it is 15.
Moved by Councilmember Celia Barotz, seconded by Councilmember Charlie Odegaard to approve the Preliminary Plat Request from Miramonte Arizona, LLC for Preliminary Plat approval for Miramonte @ Dale Avenue Condominiums, a 12-unit residential condominium subdivision on a .31-acre site in the T4N.1 transect zone.
Vote: 7 - 0 - Unanimously
D.
Consideration and Approval of Preliminary Plat: Request from TLC PC Developers LLC, for the subdivision of Mountain Vista Condominiums, approximately 11.14 acres in the Single-family Residential (R1) zone into 60 residential condominium units.
Interim Current Planning Manager Tiffany Antol provided a PowerPoint presentation that covered the following:
MOUNTAIN VISTA CONDOMINIUMS AT PINE CANYON
PRELIMINARY PLAT
BUILDING A ELEVATIONS
BUILDING B ELEVATIONS
SYSTEMS ANALYSIS
RECOMMENDATION
MOUNTAIN VISTA CONDOMINIUMS AT PINE CANYON
PRELIMINARY PLAT
BUILDING A ELEVATIONS
BUILDING B ELEVATIONS
SYSTEMS ANALYSIS
RECOMMENDATION
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve the Preliminary Plat Request from TLC PC Developers LLC, for the subdivision of Mountain Vista Condominiums, approximately 11.14 acres in the Single-family Residential (R1) zone into 60 residential condominium units with the conditions recommended by the Planning and Zoning Commission.
Vote: 7 - 0 - Unanimously
15.
DISCUSSION ITEMS
A.
Office of Labor Standards Update
Item moved to a later date.
Item moved to a later date.
16.
COUNCIL LIAISON REPORTS
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.
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 request by Councilmember Barotz to place on a future agenda a discussion on posting requirements for liquor licenses in residential zones.
Councilmember Barotz stated that she would like to discuss creating additional standards for posting liquor license notifications in a residential zone. Currently the posting is done on the house which is setback from the road and she would like to see it brought out where is can be better seen by the public.
Two Councilmember are in favor of moving the item forward.
Two Councilmember are in favor of moving the item forward.
B.
Future Agenda Item Request (F.A.I.R.): A request by Councilmember Putzova to place on a future agenda a review and possible revision to Ord. 2002-07 which amends Chapter 7-02 , Wastewater Regulations, of the Code. (Water Services Director's authority to sign Reclaimed Water agreements)
Councilmember Putzova stated that there are a number of agreements signed administratively; she would like to review this policy to determine if the Council should determine if this is still the best practice to have.
Two Councilmembers are in favor of moving the item forward.
Two Councilmembers are in favor of moving the item forward.
C.
Future Agenda Item Request (F.A.I.R.): A request by Mayor Evans to place on a future agenda a discussion on amendments or repeal of portions of the Zoning Code.
Mayor Evans stated that she is looking for four Councilmembers to move the item forward and to prioritize it on the agenda. She is looking for consideration of a repeal of certain portions of the Zoning Code.
Councilmember McCarthy asked if the discussion should be in conjunction with the potential Zoning Code changes that staff has been preparing for review. Mr. Dille stated that staff is encouraging prioritizing this FAIR request because they are prepared to present at the next Council meeting. Planning Director Dan Folke agreed stating that staff has a recommendation from the Planning and Zoning Commission and are ready to present the amendments to the City Council.
Councilmember Overton stated that he is not interested in a repeal and he would prefer to wait for the amendment process to move forward next week. There is value in the transect zones and removing that could be detrimental.
Mayor Evans offered that her goal is not to repeal transect zones forever but the amendments have been in the works for ten months. The community believes transect zones are broken and there is a fear of another big project coming forward.
Vice Mayor Whelan stated that she feels that the FAIR item is important to move forward. People are coming up with many good ideas especially after the tour with staff and creating time for the discussion is a real positive thing.
Councilmember Putzova and Councilmember Barotz both expressed interest in moving the item forward.
Councilmember Odegaard stated that he has no interest in the request; he would like to wait for the discussion next week on the amendments.
Four Councilmembers are in favor of moving the item forward and prioritizing it on the calendar.
Councilmember McCarthy asked if the discussion should be in conjunction with the potential Zoning Code changes that staff has been preparing for review. Mr. Dille stated that staff is encouraging prioritizing this FAIR request because they are prepared to present at the next Council meeting. Planning Director Dan Folke agreed stating that staff has a recommendation from the Planning and Zoning Commission and are ready to present the amendments to the City Council.
Councilmember Overton stated that he is not interested in a repeal and he would prefer to wait for the amendment process to move forward next week. There is value in the transect zones and removing that could be detrimental.
Mayor Evans offered that her goal is not to repeal transect zones forever but the amendments have been in the works for ten months. The community believes transect zones are broken and there is a fear of another big project coming forward.
Vice Mayor Whelan stated that she feels that the FAIR item is important to move forward. People are coming up with many good ideas especially after the tour with staff and creating time for the discussion is a real positive thing.
Councilmember Putzova and Councilmember Barotz both expressed interest in moving the item forward.
Councilmember Odegaard stated that he has no interest in the request; he would like to wait for the discussion next week on the amendments.
Four Councilmembers are in favor of moving the item forward and prioritizing it on the calendar.
18.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
Councilmember Putzova stated that the camping ordinance is scheduled for May 8, 2018,
and it will be two years since she requested the agenda item. She does not feel good heading into winter with people who are homeless and the City is not taking the issue on for decisions.
Vice Mayor Whelan stated that some concerns have been brought to her about school buses and how the community is responding to them. She would like to look at how the issue might be addressed; possibly partner with the County, Sheriff and Flagstaff Unified School District to see if something can be done.
Councilmember Odegaard requested an update of how the billing system is working with the water bills being sent to Prescott for processing. He also requested a CCR about how the bid process works.
Councilmember Odegaard stated that the State Liquor Board ruled in favor of giving a liquor license to an applicant that Flagstaff recommended denial on.
Councilmember McCarthy stated that he attended a meeting concerning Compounds of Emerging Concern. It was an interesting meeting and there was a lot of technical information. The team has been working for five years and a report should be coming out soon.
Mr. Dille reminded the Council about tomorrow's 10:30 a.m. meeting with NAU as well as the Rio De Flag tour. Additionally, there is a 4:00 p.m. Joint Meeting with the Planning and Zoning Commission.
Mayor Evans stated that the Council has discussed alcohol and its impact to the community many times. The League of Arizona Cities and Towns has indicated that this is something that other cities are faced with as well. A former Flagstaff City Councilmember, Jeff Oravits, was recently appointed to the State Liquor Board and she would like to have a joint meeting with Mr. Oravits, the City Council, a representative from the Navajo Nation Human Rights Commission, a member from Hopi, Flagstaff Medical Center, the local shelters, the Guidance Center and any others who can speak to the impacts of alcohol to have a conversation about the problems facing the community.
Mayor Evans also requested a CCR on the legalities of the proposal offered during public participation about funding the shortfall faced between Prop 206 and Prop 414.
Vice Mayor Whelan stated that some concerns have been brought to her about school buses and how the community is responding to them. She would like to look at how the issue might be addressed; possibly partner with the County, Sheriff and Flagstaff Unified School District to see if something can be done.
Councilmember Odegaard requested an update of how the billing system is working with the water bills being sent to Prescott for processing. He also requested a CCR about how the bid process works.
Councilmember Odegaard stated that the State Liquor Board ruled in favor of giving a liquor license to an applicant that Flagstaff recommended denial on.
Councilmember McCarthy stated that he attended a meeting concerning Compounds of Emerging Concern. It was an interesting meeting and there was a lot of technical information. The team has been working for five years and a report should be coming out soon.
Mr. Dille reminded the Council about tomorrow's 10:30 a.m. meeting with NAU as well as the Rio De Flag tour. Additionally, there is a 4:00 p.m. Joint Meeting with the Planning and Zoning Commission.
Mayor Evans stated that the Council has discussed alcohol and its impact to the community many times. The League of Arizona Cities and Towns has indicated that this is something that other cities are faced with as well. A former Flagstaff City Councilmember, Jeff Oravits, was recently appointed to the State Liquor Board and she would like to have a joint meeting with Mr. Oravits, the City Council, a representative from the Navajo Nation Human Rights Commission, a member from Hopi, Flagstaff Medical Center, the local shelters, the Guidance Center and any others who can speak to the impacts of alcohol to have a conversation about the problems facing the community.
Mayor Evans also requested a CCR on the legalities of the proposal offered during public participation about funding the shortfall faced between Prop 206 and Prop 414.
19.
ADJOURNMENT
The Regular Meeting of the Flagstaff City Council held September 19, 2017, adjourned at 10:18 p.m.
| __________________________________ MAYOR |
|
| ATTEST: ___________________________________ 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 November 7, 2017. I further certify that the Meeting was duly called and held and that a quorum was present.
DATED this 19th day of December, 2017.
________________________________
CITY CLERK