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

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to approve the minutes of the City Council Work Session of October 31, 2017; Work Session of November 14, 2017; Work Session of November 28, 2017; Combined Special Meeting/Work Session/Budget Retreat of December 12, 2017; Budget Retreat of December 19, 2017; Regular Meeting of January 2, 2018; and Special Meeting (Executive Session) of January 9, 2018.

Vote: 7 - 0 - Unanimously

The Mayor and Council came forward and Vice Mayor Whelan read the Proclamation. Mayor Evans presented it to Kate Wyatt with Flagstaff Initiative Against Trafficking (FIAT). Ms. Wyatt then gave a brief PowerPoint which addressed:

WHO WE ARE
A community collective of professional service providers and volunteers who want to end human trafficking
Goals
26 Local Active Agencies
State Partners

WHAT ARE WE DOING?
Asking questions
Summit in November
MDT Training
Community Response Guideline Subcommittee
Community Education Subcommittee

HUMAN TRAFFICKING IN ARIZONA
2016 NHTRD received 457 calls from Arizona
Early 2017 NHTRC received 210 calls from Arizona
Runaway/Homeless Youth Stats
Men buying sex in Arizona - 5%

ADULT HUMAN TRAFFICKING IN FLAGSTAFF
Since October of 2017
Victim Witness Services - 5
Flagstaff Front Door - 1300 homeless neighbors - 8
NFHC - 8 individuals, 2 from Operation Cross Country

In 2017
NFHCYS - Northland Family Help Center Youth Shelter - 7 in Arizona
Juvenile Probation - 15 Coconino County

HOW CAN THE CITY COUNCIL HELP?:
January Recognition
Support Law Enforcement Efforts and Funding
Flagstaff Front Door not fully funded
Shelter Staff/Bed Spaces

Vice Mayor Whelan said that when she first listened to their presentation, she was taken back by the numbers.

Councilmember Odegaard emphasized the importance of serving as foster parents, noting that he and his wife were foster parents, and it is one way the public can make a difference.

911 Communications Manager Irene Hunkler briefly reviewed the item, explaining that the Flagstaff 9-1-1 Center operated by the Police Department is the Public Safety Answering Point (PSAP) for the greater Flagstaff area. The State 9-1-1 Office is in the process of upgrading state wide PSAP’s to the next generation 9-1-1 (NG9-1-1) platform, and this agreement will allow CenturyLink to do the upgrade.

Implementing NG9-1-1 Network Managed Services will enable our PSAP to migrate to NG9-1-1 ready call-handling systems and a full feature Emergency Services IP Network (ESInet). This will open the door to future possibilities of text to 9-1-1, pictures, and video capabilities.

The only risk to the City is that the state could sweep the 9-1-1 funds and the City of Flagstaff could then be responsible to pay any outstanding balances to CenturyLink under this agreement, thus the reason this agreement must be approved by City Council. If there is a deficit and monies are swept from the State 9-1-1 fund, available monies will be equally distributed among all the PSAP's leaving the city responsible for the remaining balance. This is true of our existing system. She said that to their knowledge, the City has never had to pay even after monies have been swept.

Moved by Councilmember Scott Overton, seconded by Vice Mayor Jamie Whelan to approve the Century Link 9-1-1 Managed Services Agreement in the amount of $1,210,727.00 to be paid by the State of Arizona with 9-1-1 funds.

Vote: 7 - 0 - Unanimously

Library Director Heidi Holland came forward and thanked the Council for their support over the years. It was noted that she was soon retiring and Council thanked her for her service to the community. She then briefly reviewed the item.

Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to read Resolution No. 2018-03 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA AUTHORIZING THE CITY OF FLAGSTAFF TO JOIN THE COCONINO COUNTY FREE LIBRARY DISTRICT AND ESTABLISHING AN EFFECTIVE DATE

Vote: 7 - 0 - Unanimously

Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to adopt Resolution No. 2018-03.

Vote: 7 - 0 - Unanimously

Moved by Councilmember Eva Putzova, seconded by Councilmember Jim McCarthy to read Resolution No. 2018-04 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COCONINO COUNTY FREE LIBRARY DISTRICT, COCONINO COUNTY, THE CITY OF WILLIAMS, THE CITY OF PAGE, THE TOWN OF FREDONIA, THE CITY OF SEDONA, AND THE CITY OF FLAGSTAFF FOR THE ADMINISTRATION AND FUNDING OF BRANCH AND AFFILIATE LIBRARIES WITHIN THE COCONINO COUNTY FREE LIBRARY DISTRICT AND ESTABLISHING AN EFFECTIVE DATE

Moved by Councilmember Eva Putzova, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2018-04.

Vote: 7 - 0 - Unanimously

Project Manager Randy Whitaker reviewed the item, noting that a question had been raised during the work session about how the Engineer's Estimate is determined. He said that it is produced by the design engineer of the project and is based on historic information. He said that he believed that the bids came in higher than the Engineer's Estimate because this was a smaller project as well as the amount of work going on in the City. Community Development Director Mark Landsiedel said that Council would have also received a CCR detailing the information.

Mr. Whitaker said that when they put in the temporary crosswalks in 2015, they each cost about $110,000. At that time the City did not have the right of way needed on the east side, so right now they have asphalt non-ADA compliant ramps. This project will allow them to put in ADA ramps.

Discussion was held on the issue of staff increasing the amount of the Owner's Allowance in the contract. Mr. Landsiedel said that when Mr. Whitaker got the Engineer's Estimate he felt it was too low and added to it. Councilmember McCarthy noted that the Owner's Allowance would not be spent unless there is an approval process that explains the reasoning. Mr. Whitaker said that was correct.

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to approve the construction contract with Mountain High Excavating, LLC. in the amount of $117,707.00, which includes a Contract Allowance of $8,500.00 and a contract time of 90 calendar days; approve Change Order Authority to the City Manager in the amount of $10,921.00 (10% of the contract amount, less allowances); and authorize the City Manager to execute the necessary documents.

Vote: 6 - 1

NAY:

Vice Mayor Jamie Whelan

Councilmember Odegaard thanked staff for answering his questions regarding the Engineer's Estimate. He said that last week they talked about something possibly being configured with the railroad crossing. He asked if this project would affect that or if this project would have to be ripped out if the other went forward. Mr. Whitaker said that the ramps are being configured to where if the ramp is installed in the future, these would still work.

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to approve the construction contract with Mountain High Excavating, LLC. in the amount of $64,656.00, which includes a Contract Allowance of $5,000.00 and a contract time of 90 calendar days; approve Change Order Authority to the City Manager in the amount of $5,966.00 (10% of the contract amount, less allowance); and authorize the City Manager to execute the necessary documents.

Vote: 7 - 0 - Unanimously

Current Planning Manager Tiffany Antol said that the Council just saw the Preliminary Plat for this project recently and this is the final version.

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to 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.

Vote: 7 - 0 - Unanimously

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

The following individuals addressed Council in opposition to the contract with Snowbowl for the delivery of reclaimed water:

•Klee Benally
•Jennifer Timmus
•Dawn Dyer
•Mary Begay
•Candy Cornalis

At this time, Mayor Evans moved to Item 12-B since there were representatives from the Havasupai Tribe at the meeting.

Deputy Chief Walt Miller presented this item, noting that back in June of 2017 they applied for this grant, hoping to get six officers, but only received two. He said that it was a competitive grant process with 802 submittals, so they were lucky to get two of the four awarded in Arizona.

He said that with this approval, it is the foundation for them to start the community policing program. They hope to get additional officers assigned in the near future.

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to approve the Grant Agreement with the U.S. Department of Justice, Office of Community Oriented Policing Services 2017 COPS Hiring Program (CHP) for two officers in the amount of $250,000 with a city match of $339,571 for a grand total of $589,571.

Vote: 7 - 0 - Unanimously

Development Engineer Gary Miller gave a PowerPoint presentation which addressed:

WIRELESS FACILITIES WITHIN THE RIGHT OF WAY (R.O.W.)
COUNCIL ACTION
OVERVIEW
WHAT MAY BE INSTALLED IN CITY R.O.W.
COLLOCATED SMALL WIRELESS FACILITY
OTHER TELECOMMUNICATION FACILITIES IN R.O.W.
ZONING CODE REGULATIONS FOR TELECOMMUNICATION FACILITIES
ORDINANCE NO. 2018-07

Question was raised as to whether staff knew what radio frequency (RF) these would be emitting. Mr. Miller said that the legislation defers to the Federal requirements as to what is safe. Those regulations are defined by the Federal Communications Commission (FCC) and the City requires that they demonstrate that they meet those standards.

Discussion was held on whether the approval would be through the City administrative process or Conditional Use Permit (CUP) process. Majority of Council supported the CUP process to provide more transparency for the public.

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2018-07 by title only for the first time, with the CUP process being included.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING TITLE 8 OF THE FLAGSTAFF CITY CODE, PUBLIC WAYS AND PROPERTY, TO AMEND CHAPTER 8-09, UTILITY POLES AND WIRES, RELATING TO WIRELESS FACILITIES IN THE RIGHT-OF-WAY; PROVIDING FOR PENALTIES, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE

Deputy City Attorney Kevin Fincel reviewed the request for an amendment to the Timber Sky development agreement.

PROPOSED SECOND AMENDMENT TO TIMBER SKY DEVELOPMENT AGREEMENT (DA)
QUESTIONS FOR COUNCIL
    Does Council want to approve as it appears?
    Council's options:
    1) Authorize as proposed
    2) Not authorize it
    3) Direct staff to negotiate different terms
    4) Take additional time to consider

DEVELOPMENT BACKGROUND
WHY ARE WE HERE?
LOCKED-IN FEES
AFFORDABLE UNITS

The following individuals spoke on this issue:

•Marilyn Weissman
•Sacorro Znetko
•Jonette Boggess
•Daniel Williamson
•Avelina Villa
•Nancy Almendarez
•Charlie Silver
•Jody Clements

Comments received included:

•Strongly urged the Council to reject the amended DA
•Developments should pay for themselves
•Vintage Partners are no different than other players; they are investors
•If the City waives a $1.6 million fee, in a sense they have become a lender that receives no interest
•Sees no guarantee that the 100 homes will be built
•Please move forward; they need affordable housing in Flagstaff
•Reconsider the engineering fees; supports the project
•Completely in favor of Timber Sky
•There are generations greatly reconsidering if Flagstaff is where they want to call home
•Too expensive to live here; Timber Sky provides the needed diversity
•Would mean a lot from the youth perspective to allow her to remain in Flagstaff
•Against the second amendment proposed; as a matter of policy the public needs to be sure that the Council is making the best decision
•The public as taxpayers and stakeholders should be given the opportunity for input
•The lack of transparency and respect for the public is wrong
•This amendment asks the taxpayers to forgive $1.6 million

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Celia Barotz to read Resolution No. 2018-02 by title only.

Councilmember Barotz asked staff to elaborate on the incentive program. Mr. Fincel said that the type of incentive being offered is consistent with the incentive policy, but it was not brought forward through that policy. Councilmember Barotz said that her understanding is that if the 100 units are not built, the only remedy is to file a lawsuit. Mr. Fincel said that currently that is probably where they would end up. If they got to Phase 4 it requires that 100 be identified and if not the City would have a good argument to not approve the fourth plat.

Vice Mayor Whelan asked staff to explain why the Council goes into Executive Session. Mr. Fincel said that there are seven reasons allowed by law for the Council to go into Executive Session. One reason is on the negotiation of contracts, and Executive Session allows staff to brief the Council on the pros and cons. Those discussions provide an opportunity for a free conversation. Mr. Solomon said that it also prevents the undermining of negotiations. He said that the whole idea of going into Executive Session is to protect the City of Flagstaff.

Councilmember Barotz asked if the City received any information that speaks to the $1.6 million figure. Mr. Fincel said that it came from Timber Sky. Councilmember Barotz said that it is an interest free loan for $1.6 million. Mr. Fincel said that he would characterize it as a waiver of fees, not a loan.

Vice Mayor Whelan said that one good reason for moving this forward is to increase the competition in the City. The only way they can do that is to build units that people can live in. She said that the City clearly has an incentive policy that in this case did not incentivize. The City has taken steps to look at how to increase competition and develop policies and fees that work in order to build houses. She would like to see this go forward.

Councilmember McCarthy said that he has values on both sides of the issue. By the comments made, the public should have more opportunity to weigh in.

Mayor Evans said that they have received a lot of e-mails, received a study from ECoNA, and heard from people what housing is and is not. She has done some research and found that people are requesting $500 for half of a room, and they also want first, last and deposits. The Council has said that affordable housing is something that they want, and what they have is a proposal that delivers that.

Councilmember Putzova said that she was and is very much supportive of the development agreement, but with the second amendment the exchange of values is insufficient. Everything she has learned at Executive Session makes her believe that this is not the best way to spend $1.6M of taxpayers' money.

Councilmember Overton said that this is a lesson learned. They need to spend some time on the incentive program and ask why they do not use it as much. Maybe they are incentivizing things that the community is not asking for. He did find some dismay in the way this amendment was negotiated, but he does believe there is value in more affordable housing. He said that going back to the 100% cost recovery does have a ripple effect. This development got caught; it is unfortunate that they have had to renegotiate and wasted six months in getting units in the ground. He would be supportive, but he really hopes that as a community they ask how the fees got to where they are and if they are reflective of what the actual costs are.

Councilmember Barotz said that she agrees with Councilmember Putzova; she does not think this is the best way to invest $1.6 million. She believes in "trust and verify" and nothing has been verified.

Vote: 5 - 2

NAY:

Councilmember Celia Barotz
Councilmember Eva Putzova

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AUTHORIZING THE EXECUTION OF THE SECOND 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 Charlie Odegaard, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2018-02.

Vote: 5 - 2

NAY:

Councilmember Celia Barotz
Councilmember Eva Putzova

A break was held from 8:13 p.m. to 8:20 p.m.

Mayor Evans said that this was the consideration of a resolution declaring the Council's opposition to the proposed construction of a border wall along the US-Mexico border.

The following individuals addressed the Council regarding this issue:

•Dr. Neustadt
•Sallie Kladnik
•Greta Murphy
•Maria Castillo
•David Martin, President of the Arizona Chapter of Associated General Contractors

Comments received included:

•Wall has very little to do with security; it is a group of contractors, technology providers, developers, for-profit prison industry, making billions of dollars, and they are lobbying representatives
•Flagstaff has a large community of undocumented people living there that are walled in; they cannot go home to visit a dying family member
•Not doing business with those supporting this type of project is what brought apartheid down
•They already have blood on their hands; they don't want to have more blood supporting those businesses
•The Flagstaff Democratic Party supports the City's resolution. They believe the wall is bad for Flagstaff in many ways: 1) economics; 2) damaging to the environment and wildlife; 3) international relations and trades; and 4) violates our democratic process
•If Dr. Martin Luther King, Jr. was alive now, he would be standing with them against the wall
•The wall disrespects the tribes
•Political boundaries are not tied to ecological boundaries
•They should assist Mexico and others in Central America so that people do not want to leave there
•She moved to Flagstaff when she was very young because she hated the way her people were treated in Mexico
•This is not just Mexico, but the entire US
•She is here, her family is here; she does not want her grandchildren growing up and secluded
•Representing contractors statewide; they have done so since 1934
•He was not there to get into a social discussion
•They are supportive of Flagstaff; they assisted with Prop 406 and 403 and engaged at the Legislature in protecting HURF funding
•Flagstaff is engaged in a social matter that is not relevant to them; they are opposed to the resolution
•They stand in opposition to the resolution for three reasons: 1) they believe it violates the Supremacy Clause; 2) it violates the goal of the Constitution by blacklisting businesses; and 3) it limits and stymies competition

Written comment cards were also received from the following in support of the resolution:

•Klee Benally
•Greta Murphy
•Kathy Fraser
•Marilyn Weissman
•Dawn Dyer
•John Meyer
•Anya Metcalfe
•Gretchen Kies


Mayor Evans asked Mr. Martin if his organization was part of a national organization. Mr. Martin replied that the national organization has been around since 1918. He said that it was a voluntary membership paid by their members and the cost depends on the size of this firm.

Discussion was held on the content of the letter Mr. Martin had written, as well as the letter written by Stephen Sandherr of the Associated General Contractors of America. Mr. Martin said that his organization is not taking on the social issue of whether the border wall is appropriate. He was there for the two provisions. If the Council struck those clauses, they would not take a position on the resolution.

Mayor Evans said that the Constitution was brought up earlier. One of the first words is justice and it appears several times. They already have 700 miles of the walk and she does not think that building more of it will stop the issues they already have.

She said that they just celebrated Dr. Martin Luther King, Jr.'s birthday and one of the things he talked about was dreams; something that the American people have built their country on.

Mayor Evans said that she did not appreciate the threatening e-mails. She said that they support the freedom of speech and one of the ways they talk is through resolutions. She does not appreciate letters being sent to the President asking for those cities that take a stand to be retaliated against. She said that she did not believe they could say that and yet say they do not have anything to do with the social aspects of the issue.

Councilmember Putzova said that she was very supportive of the resolution. She appreciated the comments heard today; it is important to see the connection between the policies and the money. They are living in extraordinary times and that is why they are considering resolutions that are far reaching than just Flagstaff. She was in America because a wall collapsed when the Iron Curtain was taken down. If they start going in this route of building walls they are sliding into becoming a country that is comfortable with practices of totalitarian regimes. She said that she believed they should include all of the provisions of the resolution, especially the divestment provision. She believed that conducting business in Flagstaff is a privilege.

Councilmember McCarthy said that he has concerns about various things with the resolution, but mainly the statement, "we shall not do any business with any company that bids or maintains anything to do with the border wall." He thinks there may be legal problems with that and was not sure it was even legal.He checked out Pima County's resolution and it has nothing about divestments. It says they are against the wall and he supports that. The Tucson resolution has a provision that says the City shall not invest in any companies that work on the wall, and he could live with that.

Moved by Councilmember Eva Putzova, seconded by Councilmember Celia Barotz to read Resolution No.2018-05 by title only with the slight change in language that rectifies the concerns that staff brought forward in the CCR.

Mr. Solomon suggested they move into Executive Session to discuss the legality of the proposed amendment.

Moved by Councilmember Celia Barotz, seconded by Mayor Coral J. Evans to recess into Executive Session.

Vote: 7 - 0

The Flagstaff City Council recessed into Executive Session at 9:10 p.m. and reconvened Open Session at 9:31 p.m. Mayor Evans explained to the public that they went into Executive Session for legal advice with the City Attorney.

Moved by Councilmember Jim McCarthy, seconded by Mayor Coral J. Evans to amend the motion to replace the second enactment paragraph with the corresponding paragraph in the Tucson resolution (Mayor and Council hereby expresses its intent to identify all companies involved in the designing, building, or financing of the border wall, and its intent to divest, as soon as practicable, from those companies).

Councilmember Putzova said that she had no problems with the last recital. Vice Mayor Whelan said that they should either go full guns or drop the clause. Councilmember Barotz said that she did not believe they were watering it down, but they were shifting the focus.

Councilmember Overton said that he believed that both versions were disasters and he was not interested in either.

Councilmember Barotz said that it seems that the proposed change creates more work. It sounds like the purpose is to divest from the companies. After brief discussion the proposed amendment to the motion was changed.

Moved by Councilmember Jim McCarthy, seconded by Mayor Coral J. Evans to change his motion to read, "the Mayor and Council expresses its intent to divest from all companies involved in the designing, building, or financing of the border wall."

Vote: 4 - 3

NAY:

Councilmember Scott Overton
Councilmember Charlie Odegaard
Vice Mayor Jamie Whelan

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL RELATING TO PRESIDENT TRUMP’S EXECUTIVE ORDER 13767: DECLARING MAYOR AND COUNCIL’S OPPOSITION TO THE PROPOSED CONSTRUCTION OF A BORDER WALL ALONG THE U.S. – MEXICO BORDER

Moved by Councilmember Jim McCarthy, seconded by Councilmember Eva Putzova to adopt Resolution No. 2018-05.

Vote: 5 - 2

NAY:

Councilmember Scott Overton
Councilmember Charlie Odegaard

Not discussed

Assistant to the City Manager Caleb Blaschke gave a brief history of the issue, noting that in 2010, the Flagstaff Mayor and City Council passed a resolution supporting the Secretary of Interiors proposal to withdraw one million acres of federal lands surrounding the Grand Canyon National Park from uranium mining for 20 years. In October 2017 the Trump Administration through the U.S. Forest Service recommend lifting the moratorium on new uranium claims in the Grand Canyon region and allowing uranium mining to occur. During a meeting with Havasupai Tribal Council on December 4, 2017, the Tribal Council voiced there concerns with the Flagstaff City Council and asked for support through a resolution to oppose the ban being lifted by the Administration.

Mr. Blaschke said that Councilmember Barotz and the Grand Canyon Trust had submitted a resolution for discussion at this meeting.

The following individuals addressed the Council:

•Ethan Aumack, Executive Director of the Grand Canyon Trust
•Steven Flanagan with Congressman O'Halleran's Office
•Alicyn Gitlin, representing the Sierra Club's Grand Canyon Chapter
•Richard Watahomigie
•Ophelia Watahomigie-Corlis
•Jennifer Timmons
•Louise Benally

Comments received included:

•Supports Flagstaff's adoption of the resolution
•There is an economic impact, not from mining, but people travel to Flagstaff to visit, hike and raft, with access to America's public land 
•Read letter from Arizona Members of Congress to the President (Exhibit A attached hereto and made a part hereof)
•The Sierra Club's Grand Canyon Chapter supports the proposed resolution
•Would like to have seen representatives from the Navajo Nation, Hopi Nation, and others along the Colorado River
•Don't be afraid of what the Federal government says you have to do; you can say no
•Uranium is not good for northern Arizona
•Uranium has already contaminated the water, the air, etc.
•The sacred San Francisco Peaks need to be left alone
•Do not need uranium mines

Written cards supporting the resolution were submitted by:

•Anya Metcalfe
•Rachel C. Tso
•Elea Ziegelbaum
•Greta Murphy
•Gretchen Kies
•Klee Benally
•Hertha Woody
•Dillon Metcalfe
•John Meyer
•Chandra Hemminger
•Dawn Dyer
•Marilyn Weissman
•Karen Enyedy
•Robert Breunig

Councilmember Barotz proposed an additional WHEREAS clause to reference the letter from Representative O'Halleran's office. Council agreed.

Councilmember Odegaard said that he wanted to assure their fellow colleagues from the Tribe that he will be in Washington DC next month and arguing on their behalf to prevent this from happening. Councilmember Barotz said that they need to speak in as many ways as possible.

Mayor Evans said that she and Councilmembers Putzova and Odegaard will be in Washington DC and she would like to extend the invitation to the Havasupai to speak with them as one voice.

State Representative Eric Descheenie read a letter that he and others in District 7 sent to the President, Exhibit B attached hereto and made a part hereof.

Councilmember Putzova suggested that another WHEREAS clause be included in the resolution that references this letter as well.

Mayor Evans said that they will move this item forward, and due to the nature and timing she would propose a Special Council Meeting on January 30 so that Council can review and consider adoption.

At this time (6:53 p.m.) the Council returned to the regular order of the agenda.

Councilmember McCarthy said that the title pretty much says what he is requesting.

Mr. Silver voiced support of the request, noting that the conditional use permit process is often the one mechanism left that requires public input.

Consensus of Council was to move forward with a future discussion.

Councilmember Putzova said that a few months ago Council gave direction to staff to start working with the neighborhood on steps needed to keep open space designation on Thorpe Park. She said that the process is moving forward and is now asking to remove this item from the Working Calendar.

Mr. Copley said that since it had already been approved during F.A.I.R. to move forward, he felt it was best to bring this item back and ask if everyone was okay with its removal. Council agreed.

Mr. Charlie Silver addressed the Council, stating that he wanted to understand the legal protections that are in place. As presented tonight, the removal request appears to be very broad.

This item will be removed from the Working Calendar.

Councilmember McCarthy said that he has had quite a few people tell him how difficult it is for their children to cross 180 at the Forest crossing. They would like to have a light there. He said that he realized that this was a state highway, and was asking for advice on how best to get this considered. Mr. Copley said that he did not think that a F.A.I.R. item was required. There is a lot of history at that location and perhaps a CCR has already been prepared.

Councilmember Odegaard thanked Mr. Blaschke and other staff members for the Council's trip to the State Legislature. He said that he was glad they went and felt it was very worthwhile. He learned a lot, especially about liquor licenses, and believed he became a better public servant.

He asked that a press release be posted on social media notifying the public that the Rio de Flag discussion will take place later.

He reported that yesterday was Dr. Martin Luther King, Jr.'s Day and he participated in the breakfast at NAU with the Black Student Union.

Vice Mayor Whelan also thanked staff for the Legislature trip, and requested a F.A.I.R. on "Council discussion on current practices and review past practices, focused on the assignment of contingencies, including owner contingency, contractor contingency, CMAR and review of process of change order allowance."

She said that she gets e-mail during the legislative session from the Rural Transportation Advocacy Council and will send it to the City Manager for distribution to the rest of the Council.

Councilmember Putzova said that he was looking forward to the discussion on Rules of Procedure and clarification of how items get moved up on the Working Calendar.

She also requested a CCR on how the City participates or takes advantage of the "set aside program," as outlined in A.R.S. 41-2636.

Mr. Copley noted that beginning with the January 30, 2018, meeting they will begin provide the legislative updates, and Mr. Travis will be involved in those as well.

Mayor Evans echoed the comments re the trip to the Legislature and thanked everyone involved with the scheduling. 

Mayor Evans said that she met with Congressman O'Halleran and his staff, as well as individuals from Yavapai and Navajo County, and other jurisdictions. They talked about infrastructure and the possibility of some infrastructure funds being released by the President and the need for the City to have shovel-ready projects.

Mayor Evans said, in reference to the difference in the Engineer's Estimate and bid, that sometimes such changes can be impacted by downturns in the economy. She said that she has seen the price of concrete triple within a matter of two months.