Others present: City Manager Josh Copley and Deputy City Attorney Kevin Fincel.

Councilmember McCarthy noted that he drove separately to the Legislative Day on January 10, 2018, and did not attend the first session of the day.

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve the minutes of the Joint Council Work Session with Planning and Zoning Commission of November 8, 2017; Work Session of January 9, 2018; Special Work Session of January 10, 2018; Special Meeting (Executive Session) of January 16, 2018; Regular Meeting of January 16, 2018; Special Work Session of January 23, 2018; and Special Meeting (Executive Session) of January 30, 2018, as amended.

Vote: 7 - 0 - Unanimously

The Mayor and Council came forward while Mayor Evans read the proclamation for February as Black History Month. She then presented the proclamation to Pastor Clayton, President of the NAACP. Pastor Clayton said that he was born and raised in Flagstaff. He has been around the world and was glad to be from Flagstaff and he was proud of the Mayor and Councilmembers.

Marketing and Media Relations Manager Lori Pappas gave a brief PowerPoint presentation regarding the partnerships within the community with regard to craft beer, and also showed a short video which had been created for Craft Beer City.

Mayor Evans and the City Council came forward and invited all those in attendance (approximately 40) to come forward for a photograph. Mayor Evans read the proclamation stating that February is Craft Beer Month and presented it to the representatives.

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Scott Overton to approve the Consent Agenda Items 7-A and 7-B.

Vote: 7 - 0 - Unanimously

Grants and Contracts Manager Stacey Brechler-Knaggs came forward to review the intergovernmental agreement (IGA) and introduced Warden Jensen from the Winslow prison. She said that this was an IGA for inmate work services and the existing contract has been in place since 2013. She said that over the five year term the City has expended $44,005, or approximately $10,000 a year. She said that the City pays the inmate labor of $.50 per hour and those funds go to the inmates as well as to pay for the correctional officer's labor and tavel costs.

Public Works Section Head Mike O'Connor said that they have used the inmate labor once per quarter for one day to load broken garbage and recycling carts into roll-off boxes or trailers to be transported to a plastic recycler. He said that the landfill does not use their services. They have also used them in Streets and Parks. They repainted the mural at Hal Jensen Recreation Center and set up Halloween Harvest materials for Recreation. He said that there is a lot of talent with the inmates, from artists, to welders, painters, etc.

Mr. O'Connor said that they have assisted Streets with open channel maintenance, prepping equipment for snow operations, including, welding, wiring and painting, keeping the Public Works Yard clean, assisted with concrete on various projects. In the past they have worked in Parks on the streetscape projects, but they have not done that for some time.

Ms. Brechler-Knaggs reviewed the benefits of the agreement:

Provides inexpensive, reliable and capable labor for the City of Flagstaff taxpayer
Allows City resources to be reallocated to higher priority projects
Inmates develop marketable skills and good work habits that extend beyond incarceration
Provides employment that is highly sought after
Meaningful employment is a key to recidivism reduction

Warden Jensen said that the inmates are encouraged to work, but they are not required to do so. He said that the prison's intent is to have every job filled by inmates, but with over 1,600 inmates they are unable to find jobs for those that want them. That is where they have contracts with Arizona Department of Transportation (ADOT) in Winslow, St. Johns, Holbrook, etc. and the City of Flagstaff. He said that those working through the IGA are screened and are a much lower risk.

Warden Jensen said that the money earned by the inmates is put into a trust account and may be used for commissary purchases, court payments, child support, etc. and many will send it to their family to help support them, oftentimes around the start of school.

Councilmember Barotz said that the language in the IGA suggests that inmates are required to participate, as it reads, "shall engage in work activity."  After some discussion, Warden Jensen said that they have more inmates interested in working than they have jobs available, but even if they had a job for every inmate, they are not required to work.

Discussion was held on how the $.50/hour was determined. Warden Jensen said that the Arizona Revised Statutes outlines the minimum/maximum permitted, but the contracts are done through the central office in Phoenix. In all of the locations at which he has worked, they all pay $.50/hour.

At this time Paul Deasy came forward asking that the Council consider the historical relationship between prison labor and slavery. He said that the Department of Corrections continues to violate federal laws with regard to their treatment of inmates and he asked if the Council really wanted to contract with an agency with such a record of noncompliance.

At this time the meeting moved to the City Manager Awards. Discussion on this item began again at 6:40 p.m.

Councilmember McCarthy said that he received several e-mails and calls about this talking about how this is similar to what was done after the Civil War. He did more research and spoke to two of his friends that had personal experience. They said that it gave the inmates a chance to get out of prison and mix with those not in prison. It gave them a chance to get out and see the real world; the inmates benefited from it. He said that there are pros and cons to the idea; he asked if the City could pay more than the $.50/hour.

Mayor Evans distributed an article (Exhibit A attached hereto and made a part hereof) about the positive aspect. She said that she appreciated the history of prison labor, but it is important to understand what started out in the Sunnyside Neighborhood Association. She said that there was no one there now to speak to it; they had come earlier thinking they would be able to address it during the 4:30 p.m. portion of the meeting. She said that up until two years ago the Winslow Hot Shot crew would cut wood for individuals in the neighborhood. She would take pizza to them and every one of them were thankful for the opportunity. She said that they preferred being outside rather than inside, and it enabled them to make a little money for the commissary.

Mayor Evans said that last week they talked about whether they could pay them more, which would be great, but they could also give them a letter of reference, which she has done in the past. She also noted that the City of Flagstaff has implemented the "Ban the Box" movement which removes the box on application forms that indicates a prior conviction that allows applicants to get through the first part of the process.

Councilmember Putzova said that she was unable to support the IGA in the form it was written, but was willing to consider different wording that she could support. She said that it is good that they are able to make the inmates' time bearable, but this is cheap labor and that is why government entities are interested in contracts like this. This system creates a demand for inmates and that is why the incarceration rates in the US are above other countries.

Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan to read Resolution No. 2018-07 by title only.

Vote: 5 - 2

NAY:

Councilmember Celia Barotz
Councilmember Eva Putzova

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FLAGSTAFF AND THE ARIZONA DEPARTMENT OF CORRECTIONS FOR INMATE WORK

Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan to adopt Resolution No. 2018-07.

Vote: 5 - 2

NAY:

Councilmember Celia Barotz
Councilmember Eva Putzova

Grants and Contract Manager Stacey Brechler-Knaggs said that she recently restructured her office and was able to bring on a contract specialist to monitor agreements. She said that they did an internal audit and found that Theatrikos had a different billing process. Their rate was 7% fixed rate and so they tried to get them to the 2% to be consistent with the other contracts.

During the audit staff caught some billing errors and found that since they have been in place, they owed about $33,000 over the life of the contract. She said that they met with internal directors and management and one of the options selected was to go ahead and do the variance, having them catch up as of July 2018 going forward.

Councilmember Barotz asked why the amount was not included in the agreement. Senior City Attorney Anja Wendel said that at the time of preparing the amendment, she did not know the amount, but they could certainly put that number in at this time.

Councilmember Putzova asked staff if they knew why there was a 7% annual adjustment originally. Real Estate Manager Charity Lee said that it was originally entered into in 2006 and then amended in 2011, and there is no reference as to why it was in there.

She said that Theatrikos will have ten F parking permits and there will also be metered spaces available. She said that they will be first come first serve after working hours. Mr. Copley added that the City will be using five of the spaces and the remaining spaces will be exclusively for Theatrikos.

Councilmember Overton said that if they treat this differently than others, they will need to be aware of that.

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to approve Amendment Two to the Lease Agreement between City of Flagstaff and Theatrikos, Inc.

Vote: 7 - 0 - Unanimously

Development Engineer Gary Miller said that these changes were due to new legislation at the state level. He noted that the exhibits for the resolution are now final, not draft as in the packet for the first read. He then gave a brief PowerPoint Presentation which addressed:

OVERVIEW
A.R.S. 9-591 ET. SEQ.
COLOCATED SMALL WIRELESS FACILITIES
OTHER TELECOMMUNICATION FACILITIES
EXISTING ZONING CODE REQUIREMENTS
PROPOSED ORDINANCE
     CITY CODE CHANGES
PROPOSED RESOLUTION
     FORM OF LICENSE
     STANDARD TERMS AND CONDITIONS
     DESIGN STANEDARDS

WHAT MAY BE INSTALLED IN THE CITY RIGHT-OF-WAY (ROW)
     COLOCATED SMALL WIRELESS FACILITIES
OTHER TELECOMMUNICATION FACILITIES IN ROW
ORDINANCE
     OPTION 2
FEES WILL BE ADOPTED SEPARATELY IN MARCH
DESIGN STANDARDS FOR SMALL WIRELESS FAICLITIES
     WHERE CAN THEY COLOCATE?
          LIGHT POLES, SIGNAL POLES, UTILITY POLES
     LIFE SAFETY REQUIREMENTS
          POLE FOUNDATIONS, LIGHT FIXTURES, CLEARANCES, CLEAR VIEW ZONES
     REASONABLE STEEALTH ANED CONCEALMENT
     HEIGHT, SHROUDS, SCREENING, PAINTING
LATEST REVISIONS
     NEW FORM OF LICENSE
     NEW TERMS AND CONDITIONS
     REVISED DESIGN STANDARDS AND CITY CODE TO ADDRESS COMMENT

Mr. Miller said that one comment received from the public was whether there was a way to require that surrounding neighbors be notified. He said that they recognize that they cannot force them to change the wireless facilities, but they can require that they provide notice to the surrounding neighborhood so if a resident has issues or health concerns related to them, they have a choice of moving.

Mr. Miller said that Stormwater, Police and Fire all agree that these are considered critical infrastructure and the Stormwater Code prohibits their placement within the 500-year floodplain. Ms. Wendel said that they believe that each application should be evaluated on a case-by-case basis.

PROCESS

Nicole Salanger addressed the Council stating that they may feel like their hands are tied even if they had concerns regarding health of residents, but she thought it was useful to be reminded of safety regulations of the FCC from 1996 that are still in effect as well as various studies that have been performed since that time.

Councilmember Putzova said that the State clearly allows for these facilities; she asked what would occur if the City did not establish a licensing process. Ms. Wendel said that there has been such discussion among the city attorneys in the state, but a few years ago SB1487 was put into place which gives a legislator the ability to have the Attorney General's Office launch an investigation as to whether any local law is in conflict, and if the AG finds that to be the case, budget monies can be suspended from the State. She said that the new law requires a city to adopt an ordinance by February 9, 2018, to establish a process.

Councilmember Barotz thanked Ms. Salanger for continuing to speak out against this equipment. She wanted her to know that she has heard her, she has gone online and done research, and she does feel very powerless. She said that she did not want to vote for this, but does not want to not vote for it, and suggested that perhaps they should work on a campaign outside of the Council.

Mr. Copley said that while they may not be sufficient to insure the safety as they see it, the City does have the ability to en sure that they are at least compliant with the FCC regulations.

Vice Mayor Whelan said that this was upsetting, and asked why they have to go through this if they have already decided. Mayor Evans said that she is on the League of Arizona Cities and Towns' Executive Committee and this has been a major issue on their agenda. She said that there is not one city in Arizona that could afford to lose all of the shared state revenues. They are looking at ways to challenge it, but right now the cities are handicapped.

Vice Mayor Whelan asked if this may be a health and safety issue and if the Goldwater Institute would be interested in it.

Councilmember McCarthy encouraged people that care about the issue to be active.

Moved by Councilmember Scott Overton, seconded by Councilmember Jim McCarthy to read Ordinance No. 2018-07 by title only for the final time.

Vote: 6 - 1

NAY:

Vice Mayor Jamie Whelan

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

Moved by Councilmember Jim McCarthy, seconded by Mayor Coral J. Evans to adopt Ordinance No. 2018-07.

Vote: 5 - 2

NAY:

Councilmember Celia Barotz
Vice Mayor Jamie Whelan

Moved by Mayor Coral J. Evans, seconded by Councilmember Charlie Odegaard to read Resolution No. 2018-01 by title only.

Vote: 5 - 2

NAY:

Councilmember Celia Barotz
Vice Mayor Jamie Whelan

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, APPROVING LICENSING, STANDARD TERMS, STANDARD DESIGN REQUIREMENTS, ALL RELATING TO WIRELESS FACILITIES AND POLES IN THE RIGHT OF WAY; AND ESTABLISHING AN EFFECTIVE DATE

Moved by Mayor Coral J. Evans, seconded by Councilmember Charlie Odegaard to adopt Resolution No. 2018-01.

Vote: 5 - 2

NAY:

Councilmember Celia Barotz
Vice Mayor Jamie Whelan

Project Manager for Water Services Justin Emerick briefly reviewed the proposed contract, noting that the life expectancy is more than 25 years.

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to approve the construction contract with Schofield Civil Construction, LLC (Schofield Civil Construction) for the purchase and installation of new Ultraviolet Disinfection Equipment at the Rio de Flag Water Reclamation Plant for a total contract amount not to exceed $1,247,000.00, with a 365 day contract period (Project); and authorize the City Manager to execute the necessary documents.

Vote: 7 - 0 - Unanimously

Accountant Matthew Luhman briefly reviewed the item.

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve the 2018 FAA Passenger Facility Charge (PFC) application and authorize the City Manager to make non-substantive adjustments as necessary to address FAA requests.

Vote: 7 - 0 - Unanimously

At this time City Manager Josh Copley and the Mayor and Council came forward to present the following City Manager Awards:

AGASSIZ AWARDS
Agassiz Award for Teamwork – Flagstaff Police Department Detective Division: Anthony Slayton, Brad Conway, Mike Rodriquez, Ryan Turley, Adrian Barreras, Shawn Knott, Casey Rucker, Nick Jacobellis, Eric Carlson, Jared Wotasik, Todd Martinet, Melissa Seay, Ryan Beckman & Ryan Darr
Agassiz Award for Accountability – Charity Lee, Real Estate Manager 
Agassiz Award for Communication – Erin Young, Water Resources Manager
Agassiz Award for Quality – Matt Schmidt, Police Officer
Agassiz Award for Leadership – Parking Team: Karl Eberhard, David McIntire, Deborah Cargill, Gail Brockman, Kevin Dunlap, Bradley Phillips, Brandi Suda, Sandy Corder, Michele Bader, Lorraine Martinez-Buell, Pam Caskey, Mia Trujillo, Trina Begay, Ann Rosell, Sue Miller, Glorice Thousand, Becky Cardiff, Taylor Stapley, Christina Rubalcava, Marianne Sullivan, Rick Compau, Jessica Cortes, Heidi Lofgren, Shalaine Lindley-Bigler, Jen Brown, Chad Smith & Michael Rodgers

FREMONT AWARDS
Fremont Award for Teamwork – Personal Protective Equipment Group: Marc Goldberg, Katie Brown, Kyle Hiser, Kristina Barnett, Ryan Watkins, Jared Saylor, Colin Challifour, James Devenny & Tanner Callan
Fremont Award for Accountability – Matt Kakert, IT Systems Administrator
Fremont Award for Communication – Katelyn Bednar, City Attorney’s Office Victim Witness Specialist
Fremont Award for Quality – Emry Pensinger, Parks Supervisor 
Fremont Award for Leadership – Nick Rullman, Library Circulation Supervisor

HUMPHREYS AWARD (EMPLOYEE OF THE YEAR AWARD)
Gail Jackson, Business Attraction Manager, was presented with the Humphreys award, the highest award given to one employee each year. This award recognizes Jackson for her time as the interim position of Assistant to the City Manager for a portion of 2017 as well as her efforts in attracting business. During the time she was in the City Manager’s Office she took on diverse tasks such as establishing the Office of Labor Standards program and leading listening tours to better understand issues for the Native American community in Flagstaff. Jackson worked closely with our state and federal lobbyists to ensure that the City’s legislative priorities were at the forefront. She became an important part of the Leadership Team, the Budget Team and helped move the organization forward in countless ways. Jackson is a significant asset to the City and brought her considerable skill and dedication to the role of Assistant to the City Manager.

The following individuals addressed the Council in support of placing a question on the November 2018 ballot to support Flagstaff Open Space, Parks and Recreation (FOSPR) question:

•Kevin Tye, Flagstaff Youth Hockey Association
•Adam Kaupisch, serves on Parks and Recreation Commission
•Michael Collier
•Jennifer Grogan, on Parks and Recreation Commission and owner of an event planning business
•Emily Melhorn, Vice President of Friends of Flagstaff's Future
•Dr. Jen Conn, Represents the Snow Sharks Swim Team
•William Seven, Speaker for Dark Skies
•Jerry Thull, Flagstaff Soccer Club
•Sharon Edgar
•Dr. Charles Hammersley
•Chloe Pozar, Girls Flagstaff Softball Little League

Comments received included:

•Would like to see this item added to a regular agenda for discussion
•The City continues to grow and the university continues to grow
•Not all of the projects will happen at once; it would be over a 15-16 year period
•Amount of commerce and revenue from facilities being built is huge
•The City is lacking in recreational facilities
•The Mogollon Property is being considered for many different things--affordable housing, open space, vibrant economy; he hopes they can embrace them all and not choose one or the other
•The last park built in the City was in 2003 at Foxglenn Park
•The parks need to continue to grow
•Citizens are coming to the Parks and Recreation Commission asking for more
•There are 13 projects proposed; they held 5 public meetings and many other community meetings
•Let the voters decide
•Demand for lap swimming is growing
•Membership is required at Flagstaff Athletic Club and they have 4 lanes
•FUSD facilities are old
•NAU has limited lap swim options; have to purchase a pass and parking is limited
•Competitive team members practice 9 times a week
•Child safety is a high priority; drowning is #2 cause of child death
•There is a wait list for those wanting to learn to swim
•Uses Buffalo Park for star gazing; people from all over US travel to hear him lecture
•Buffalo Park is in sad need of upgrade of its facilities, restrooms, parking
•More than 500 young people participating in youth soccer
•There are only two City fields large enough to hold full-sized soccer games and neither have lights
•FOSPR would meet the needs of organized sports around town
•They should put this on the ballot and the the voters the opportunity to approve or deny
•The citizens have paid for things that they value such as transportation, municipal court, FWPP, Coconino County College (CCC) which failed in the County but did pass within the City
•Started this process one year ago along with Jack Welch, honorary chair who was unable to attend the meeting
•Designed the process based on the County Parks and Open Space efforts that raised $33 million for 11 projects
•They have met with every Councilmember as well as the Bicycle Advisory Committee, City Manager, Parks and Recreation Commission, Public Works Director; Open Spaces Commission, Tourism Commission, Sustainability Commission and many other groups
•They received 18 proposals and the FOSPR steering committee worked through them and came down to 13 projects
•The original amount totaled $82 million; the final project is $52 million
•98% of all of the projects are included in the City Parks and Recreation Unfunded Capital Project List
•Do believe it should be a collaborative effort into the future
•They have 300 girls participating in the Softball Little League program and have 4 fields spread throughout Flagstaff; no 2 are together
•The 4 fields they have are often flooded and littered with dog feces and transients
•Parents call ahead of time to make sure there aren't any vagrants sleeping in the bathrooms at the field located at Garcia Park
•What kind of message are they sending the girls?
•Despite the lack of fields, in the past two years they have produced three state championships
•At night they cannot practice
•Camp Verde is currently building a complex; they will be the leading Northern Arizona host
•Last September Yuma just opened up a new complex
•They estimate $1.3 million in new revenue with such a complex

A written comment card was received from Karen Enyedy in support of the proposed ballot question for FOSPR.

Jennifer Brown, speaking as a community member and Head Start Director, addressed the Council with concerns about the unintended consequences of the minimum wage increase in that families are now making too much to qualify for Head Start programming. In looking at the guidelines, a family of three can only earn $20,720 to qualify. Even with the $10/hour, working 40 hours a week for 52 weeks, they are looking at $20,800 which is too much to qualify.

At this time, the Council returned to those items they were unable to get to during the 4:30 p.m. portion of the meeting (the remainder of Item 8-A and Items 8-B through 8-E)

Mayor Evans opened the Public Hearing.

Current Planning Manager Tiffany Antol reviewed this project for Neil Gullickson, with a PowerPoint presentating that addressed:

R&D TO HIGHWAY COMMERCIAL
BACKGROUND
FLAGSTAFF REGIONAL PLAN
PARKING
LANDSCAPING
OUTDOOR LIGHTING
TRAFFIC & ACCESS
WATER/WASTEWATER
STORMWATER
CITIZEN PARTICIPATION
RECOMMENDATION

Councilmember Odegaard asked the applicant what made them decide to put in the four electric charging stations. The applicant replied that they were trying to be progressive into the future, understanding that those needs will be there.

Mayor Evans closed the Public Hearing.

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2018-10 by title only for the first time.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF ZONING MAP TO REZONE APPROXIMATELY 1.502 ACRES OF REAL PROPERTY LOCATED AT 3051 WEST SHAMRELL BOULEVARD, FROM RESEARCH AND DEVELOPMENT (RD) TO HIGHWAY COMMERCIAL (HC) ZONING DISTRICT WITH CONDITIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE

State Lobbyist for the City Richard Travis reviewed some current bills of interest:

HB2266, DARK SKIES

Mr. Travis said that he will have an amendment, to make it effective December 31, 2019, as ADOT no longer has the ability to fund this, this would allow them time to collect money; it helps everyone prepare better.

HB2210 - PUBLIC LANDS, OWNERSHIP, CONTROL, LITIGATION (OPPOSE)
 
Councilmember McCarthy asked if this bill had any chance of going anywhere. Mr. Travis said that it does because the Legislature has difficulty directing the Attorney General to do anything with regard to specific cases. The Attorney General will decide what to do. Since it is not very restrictive, it has more of a chance.

Mr. Fincel said that he does not think this would make the City liable, but it removes the safeguard that they had that kept the contractors on the hook.

SB1374 - STATE LAW, LOCAL GOVERNMENT VIOLATIONS - RE SB187 (SUPPORT)

Mr. Travis said that with the eight cases that have been brought forward to the AG's office, most were from legislators in other areas. This bill would at least require them to be from the same district and provides some support for local control.

SCR 1016 (OPPOSE)

Mr. Travis said that this is proposed to go on the 2018 November ballot and would allow for voter approval a new state minimum wage, that no one could exceed, including cities and towns. These bills are impacting local residents' ability to self-govern.

Mayor Evans asked how this would impact charter cities. Mr. Fincel said that they have been discussing this issue and they see some legal questions with it. He said that they will need to get back to Council on it.

Mr. Travis said that an important point is that this is not in the summary today, but they believe it will change, and it may gather some other provisions. He said that there are issues with it, which is why it has not progressed yet, but as they are addressed he believed the language will change and it will have a more refined product to talk about.

Councilmember Putzova said that this is to undo Proposition 206. She said that Senator Allen is using her legislative power to get an appealing question. Mr. Travis said that one of the changes that has been discussed is to allow the Legislature to change the minimum wage, and one of the issues getting the most attention is the sick time and other leave policies.

Mayor Evans said that as a Council they have been clear that they support local control, and any bills coming forward seeing to diminish local control they automatically want to oppose.

Councilmember McCarthy said that they should also stand against any bill that would take away the citizens' right for the initiative process.

Councilmember Barotz said that the League also opposed any bills that go against local control and local government.

SB1146 / HB2166 - VEHICLE FEES - ALT FUEL VLT

Mr. Travis said that these are companion bills, seeling to provide additional funding from Alt Fuel. He said that there are also some other road funding concepts being introduced in both the House and Senate. He said that they think they have an issue in the House Transportation Committee, with a better chance in the Senate, but they do not see them passing this year.

SESSION DEADLINES

Uranium Transportation - Mr. Travis said that he was at the meeting today and the bill was held. He does not know if it will get heard next week, and next week is the last week to hear bills and those agendas will be packed. He said that the votes may not be there right now.

Mr. Blaschke said that this bill was to fund drones for ADOT to monitor trucks for leaks, at a cost of $250,000. He said that the City will support that bill, to strengthen the uranium transportation standards, and it came from the Navajo community.

UPCOMING MEETINGS

Mayor Evans thanked Councilmember Odegaard for following the Transportation Board meetings around the state.

Mayor Evans asked that the slides shown tonight on the legislative issues be put on the website.

Sustainability Specialist McKenzie Jones said that she has been out sick and Dillon Lenson, Zero Waste Coordinator, would be presenting. He said that first he would answer a question previous raised on what the changes meant for developers and the design review process. Mr. Lenson said that it does add a step that all developments have to complete, that is paired with assistance from City staff. He said that while the actual plan would be reviewed by the Solid Waste Manager, the Zero Waste Coordinator would be available to assist. If this is approved, staff would design a Best Practices Plan.

SOLID WASTE CODE REVISIONS
THE NEED FOR CHANGES
     90% of multifamily and commercial waste is landfilled
     Lack of space to locate collection infrastructure
     Potential cost savings for property managers

PROPOSED CHANGES
     Requires all new and expanded nonresidential and multi-family development applicants to product a Materials Management Plan
     Provides an opportunity to give feedback as part of the development application process

VIce Mayor Whelan asked what they were specifically referring to when mentioning multifamily. Mr. Lensen said that it is any property that has to go through the site plan checklist.

Vice Mayor Whelan asked if staff was ready for this. Mr. Lenson replied that they were. Public Works Director Andy Bertelsen said that it is needed and necessary; it becomes problematic when it is not addressed.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AMENDING THE FLAGSTAFF CITY CODE BY AMENDING TITLE 7, HEALTH AND SANITATION, CHAPTER 7-04, MUNICIPAL SOLID WASTE COLLECTION SERVICE, BY AMENDING CHAPTER 7-04-001-0006, REGULATIONS, TO ADD PROVISIONS REGARDING THE SUBMITTAL OF A MATERIALS MANAGEMENT PLAN IN CONJUNCTION WITH A SITE PLAN APPLICATION FOR NEW OR EXPANDED NON-RESIDENTIAL OR MULTI-FAMILY DEVELOPMENTS; AND ESTABLISHING AN EFFECTIVE DATE

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2018-09 by title only for the first time.

Vote: 7 - 0 - Unanimously

Real Estate Manager Charity Lee said that they would like to purchase and include in inventory this property for affordable housing. She said that it is zoned High Density Residential, and could allow for 21-46 units potentially. With Council approval, they have talked with the property owner and have obtained an appraisal, and are in negotiations for $550,000.

Mr. Copley added that staff will have a presentation on affordable housing at the Budget Retreat, and if approved, this property would be included in that inventory.

Rick Lopez addressed the Council, stating that quite a few years ago the Council purchased a piece of property and it turned into a nightmare. He would not buy this property without talking with the neighbors in the area. Discussion was held on the need to include the neighborhood residents, but more for informational purposes, not as a request. It was noted that the neighborhood should be made aware that the property is already zoned for high density housing.

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Ordinance No. 2018-11 by title only for the first time.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE FLAGSTAFF CITY COUNCIL AUTHORIZING THE ACQUISITION OF APPROXIMATELY 2.09 ACRES OF REAL PROPERTY AT THE SOUTHWEST CORNER OF LOCKETT ROAD AND FANNING AVENUE, ASSESSOR PARCEL NUMBER 108-05-003B FOR AFFORDABLE HOUSING; PROVIDING FOR SEVERABILITY, DELEGATION OF ATUHORITY, AND ESTABLISHING AN EFFECTIVE DATE

Ms. Lee said that they have to bring back a purchase agreement at a later date, so they could hold the neighborhood meeting before that occurs.

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Ordinance No. 2018-12 by title only for the first time.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF AUTHORIZING THE ABANDONMENT OF ANY RIGHT-OF-WAY IN THE REMANT PARCEL LOCATED ALONG THE EAST SIDE OF SOUTH ELDEN STREET, DIRECTING THE REMNANT PARCELTO BE COMBINED WITH THE ADJACENT CITY PROPERTY LOCATED AT 303 SOUTH LONE TREE ROAD, ASSESSOR PARCEL NUMBER 104-19-117, AND RESERVING AN EASEMENT FOR CONTINUATION OF UTILITY USES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE

Councilmember Barotz said that she understood that if the use is permitted, without the CUP the project cannot go forward. Planning Director Dan Folke said that was correct. It is still a discretionary decision, different from a zoning or map amendment, but a rejection has to be tied to a significant impact.

Mr. Folke said that one of the things Council will need to decide is who would hear an appeal. Right now if a CUP is denied, it may be appealed to the City Council. Mayor Evans asked if a resident could appeal a CUP, or if it was limited to the applicant. Mr. Fincel said that a neighbor could appeal, but it must be done by an aggrieved person and they have to show personal impact or injury due to the decision.

Discussion was held on the benefits of having a CUP come before Council.

Charlie Silver addressed the Council noting that he supported it going to Council.

A majority of Councilmembers asked that this item move forward.

Councilmember Overton said that all of the discussion has talked him back out of it. He did not think it needs to come to Council. Councilmember Putzova said that she could not articulate reasons to move it forward, or to say that one way was better than the other. She worried that sometimes they change policy because they think they are appealing to their political desires. She said that the discussion today did not tell her that it is better for the community.
 

Vice Mayor Whelan said that when they talk about capital projects she noticed that large sums of money were being assigned to contingencies, most of which were at 10%. Through her homework she found there is a range of contingencies, and she would like to have a discussion on this. Others agreed; this item will move forward to a future agenda.

Councilmember Odegaard reported that he attended an Audit Committee meeting on Wednesday and the good news was that the audit was clean, with no findings related to the CAFR. Also, on the Single Audit, $13 million were awarded for federal grants, and they also had no findings. He thanked Brandi Suda and Stacey Brechler-Knaggs. He said that the City has paid off $6 million of general obligation bonds, saving $1 million in interest, and with restructuring the $16 million dollar debt in water/wastewater will save another $1 million in future interest payments.

Vice Mayor Whelan reported that she is on the NACOG Regional Council for Head Start and she supported Jennifer Brown in coming before Council to speak about some of the effects that the minimum wage and increases are having for residents. She did not want them to forget what she said. She said that the most important thing is that the slots for early childhood Head Start are being moved out of the community and being sent to other communities because they do not have qualified families.

Councilmember Putzova said that she was glad that they have families that are not qualifying.

Councilmember Odegaard reported that last Friday he and the Vice Mayor and Councilmember McCarthy attended the promotion ceremony for the Greater Flagstaff Region Recruit Academy. He said that Mr. Brian Anderson, who was a stellar academy graduate, was their spokesperson and showed leadership skills and he handled himself well.

Vice Mayor Whelan said that she commended this as it is a regional academy that allowed for Flagstaff Fire, Summit, Highland and several others to have 11 recruits in total working together.

Councilmember Barotz thanked Mr. Folke for his memo in response to Patrick McCabe's question. He has written several times and buildings are being built on streets that are very narrow, creating incompatible development. She said that he asked a list of questions that were answered, but they did not really satisfy him. 

Mayor Evans asked if it is possible that the development standards, when it comes to the narrow streets and amount of parking, are the same for skinny and wide streets. She asked if they could look at those to insure that they are appropriate for the streets.

Mr. Copley said that they could start with a CCR to answer that question.

Councilmember Putzova asked for a CCR on SB1070, since 2010, to find out the outcome locally of the change of that state law. Mayor Evans said that as part of that, it would be interesting to understand how ICE is coming into the area, or if the Police Department is calling them.

Brief discussion was held on the schedule of the Budget Retreat next week, and some voiced concern with holding a work session the same night as the budget retreat. Mayor Evans said that one of the reasons they are coming back with the Work Session is that two weeks ago the Council was given information on the Rio de Flag project and staff asked for direction, but the Council did not give direction. She said that it was unfortunate that the Council did not give clear direction that night.

Mayor Evans said that some of the things that are put on the agenda, some of the Councilmembers spend more time on because they are passionate, but they still have the basic work that needs to get done.

Vice Mayor Whelan asked that changes made to the meeting schedules be placed on the Council calendars.

Mayor Evans reported that today she and the Vice Mayor attended the LAUNCH program, along with Ms. Goodrich. She said that last week she had the opportunity to go to Flagstaff High School. She said that they have some wonderful counselors at the school, but they average 1 counselor for every 900 students, while the benchmark is 1 counselor for every 200 students.

Mayor Evans reported that she attended the NAACP Annual Black History Luncheon on Saturday and the panel members were incredible, with the youngest person on the panel being 85 years old.

She also attended the NAU South of the Tracks program at the NAU International Pavilion in honor of Black History Month. She said that it will be up until February 28 and includes incredible photographs.

The Regular Meeting of the Flagstaff City Council of February 6, 2018, at 9:34 p.m.