TUESDAY, APRIL 3, 2018
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN
4:30 P.M. AND 6:00 P.M.
Vice Mayor Whelan called the Regular Meeting of April 3, 2018, to order at 4:30 p.m.
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: VICE MAYOR WHELAN COUNCILMEMBER BAROTZ COUNCILMEMBER MCCARTHY COUNCILMEMBER ODEGAARD COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: MAYOR EVANS |
Mr. Dille led the Council and audience in the Pledge of Allegiance and Councilmember Odegaard read the Mission Statement of the City of Flagstaff.
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
Moved By Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve the minutes of the City Council Work Session of February 13, 2018; Special Meeting (Executive Session) of March 6, 2018; Regular Meeting of March 6, 2018; and Regular Meeting of March 20, 2018.
Vote: 6 - 0 - Unanimously
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.
Sustainability Specialist McKenzie Jones came forward and thanked Dylan Lenzen for his work withe zero waste and research and starting this program.
Mr. Lenzen then came forward and explained what the Master Recycler Program is, noting that it is an eight-week course for volunteers to learn about all manners of recycling. Once that is completed they are asked to give back to the community with 30 hours of their time. He said that they volunteered a total of 406 hours and reached over 12,000 people with waste-related outreach. Their volunteer services were valued at roughly $10,000.
At this time, the following individuals were recognized and congratulated by the City Council:
•Christopher Mitchell
•Jeremy Krones
•Susan Bassett
•Laura Bohland
•April Smith
•Beth Verstraete
•Joan VerDouw
•Janet Hofman
•Eleanor Benton
•Christy Pacheco
•Shannon Maho
•Jessica Reeder
•Lindsey Dietrich
•Susan Bischoff
•Timothy Simenson
•Kris Borg
•Nancy Branham
•Marian Armstrong
•Angie Fritz
•Thomas Andracke
•Jennifer Mikelson
•Danitza Hill
•Stephanie Edmonds
•Shannon Cosner
•Francisca Alvarado
•Nicole Rambeau
•Joan Stoner
•Elizabeth Harding
•Krista Snow
•Mira Petersen
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1).
Moved By Councilmember Celia Barotz, seconded by Councilmember Charlie Odegaard to appoint William Michael Wilson to the Open Spaces Commission, with a term expiring April 2021.
Vote: 6 - 0 - Unanimously
Mr. Groth explained that this second phase consists of a liner being installed in the existing line, which is less expensive and also less disruptive.
Moved By Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to pprove the construction contract with Eagle Mountain Construction Company in the amount of $229,113.00 which includes a $20,000.00 contract allowance and a contracted timeframe of 50 calendar days; approve Change Order Authority to the City Manager in the amount of $20,910 (10% of the contract amount, less allowance); and authorize the City Manager to execute the necessary documents.
Vote: 6 - 0 - Unanimously
He said that if approved, the contract will begin in May and conclude in September.
Moved By Councilmember Scott Overton, seconded by Councilmember Jim McCarthy to approve the construction contract with Kinney Construction, LLC ("Contractor") in the amount of $573,133.00, which includes a contract allowance of $40,000.00, and a contract timeframe of 150 calendar days; approve Change Order Authority to the City Manager in the amount of $53,313.00 (10% of the contract amount, less allowance); and authorize the City Manager to execute the necessary documents.
Community Development Director Mark Landsiedel said that they have a lot of experience in working with the neighborhood.
Vote: 6 - 0 - Unanimously
Moved By Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to approve the City of Flagstaff Police Department (FPD) grant application(s) and acceptance of an award from the Arizona Governor's Office of Highway Safety (GOHS) for grant funds in the amount of: (1) $30,000.00 for a DUI Abatement Council Proposal; (2) $56,550.00 for a Driving Under the Influence Task Force; (3) $55,200.00 for Youth Alcohol Prevention and Interdiction Task Force Projects; and (4) $23,025.00 for the purchase of 15 handheld patrol radar units and 5 vehicle mounted radar units
Vote: 6 - 0 - Unanimously
Moved By Councilmember Jim McCarthy, seconded by Councilmember Scott Overton to approve the application (s) and acceptance of an award from the Arizona Governor's Office of Highway Safety (GOHS) for grant funds in the amount of three separate grant submittals to purchase heavy duty battery operated extrication equipment; 1) Heavy Duty Cutters - $10,355- 2) Heavy Duty Spreader - $12,535- 3) Heavy Duty Ram - $8,175
Vote: 6 - 0 - Unanimously
Moved By Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Resolution No. 2018-18 by title only.
Vote: 6 - 0 - Unanimously
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, DECLARING, FOR PURPOSES OF SECTION 1.150-2 OF THE FEDERAL TREASURY REGULATIONS, OFFICIAL INTENT TO BE REIMBURSED IN CONNECTION WITH CERTAIN CAPITAL EXPENDITURES RELATING TO THE FLAGSTAFF WATERSHED PROTECTION PROJECT, PUBLIC SAFETY/CITY OPERATIONS COMMUNICATION SYSTEM, WATER PROJECTS AND WASTEWATER PROJECTS, AND ESTABLISHING AN EFFECTIVE DATE
Moved By Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to adopt Resolution No. 2018-18.
Vote: 6 - 0 - Unanimously
The 4:30 p.m. portion of the Regular Meeting of April 3, 2018, recessed at 5:02 p.m.
Vice Mayor Whelan reconvened the Regular Meeting of April 3, 2018, at 6:00 p.m.
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: VICE MAYOR WHELAN COUNCILMEMBER BAROTZ COUNCILMEMBER MCCARTHY COUNCILMEMBER ODEGAARD COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: MAYOR EVANS |
Mr. Dille led the Council and audience in the Pledge of Allegiance.
Mr. Blaschke noted that there is a letter that City staff has been working on over the past 1 1/2 months in coordination with the County and Mr. Holmes and it was being brought forward for final comments.
Training. Councilmember McCarthy said that he has not had time to read it and asked if he could give comments tonight. Mr. Blaschke said that there have been grammatical changes to it and he could e-mail the comments tomorrow. He said that it has to go to a few more supervisors and he could bring it back at next Tuesday's meeting.
Councilmember Putzova said that she appreciated the work on the letter and understands how difficult it is to have so many people involved. She said that the letter reflects that it was written by many people that are long-winded as there is repetition throughout. She encouraged staff to look at it as if he were conveying the ideas without so many involved.
Deputy City Manager Dille said that the effort tonight was to get something out for review. The most recent draft was received from the County at 4:50 p.m. and they are working as aggressively as the City. He said that they have attempted to make further edits, but every time they do that it causes a bigger delay.
Councilmember Barotz said that one of the substantive changes in the draft is the second to last sentence which talks about a process convened by the federal government or a third party. She said that it is not something they have discussed, but she thought it was worth consideration.
Councilmember Barotz said that she does not know what the County is thinking, but they should encourage the federal elected officials to put a process in place that provides a third party entity. The idea is to not have those answers, but raise the idea of moving the process forward.
After further discussion, Mr. Blascke said that they would continue to work on the draft and bring something back for further review.
AGENDA
PLANNING TIMELINE
Now in Planning Development Stage
COMPLETED ACTIVITIES:
WHAT CLIMATE CHANGES CAN WE EXPECT?
Hotter temperatures
Less snow pack
Less healthy forests
Drier conditions
JANUARY COMMUNITY CONVERSATIONS
OPEN HOUSE
150 attendees from 35 neighborhoods
FLAGSTAFF COMMUNITY FORUM
150 attendees
VIDEO
CONCERNS
COMMUNITY-SUPPORTED ACTION AREAS
Bike & Ped Infrastructure
Transit Improvements
Renewable Energy
Building Energy Efficiency
Waste, compose recycling
COMMUNITY VISION: In 2030, Flagstaff is…
A leader in sustainability
Maintaining access to affordable housing
Managing water sustainability
Encourage zero net energy buildings
Ensuring access to pen spaces and healthy forests
PROPOSED MITIGATION TARGET
Flagstaff wil reduce greenhouse gas emissions to 80% of 2016 emissions levels, by 2050
This target will be complemented by per capital and annual goals
Committee decision on this target was based on:
Alignment with Paris Agreement goals
Science-based target
Similar 80x50 targets in peer cities, allowing for comparability and collaboration
CURRENT WORK
THE VULNERABILITY ASSESSMENT IDENTIFIES
What are the areas of greatest vulnerability to the negative impact
What populations are most vulnerable
What neighborhoods are most vulnerable
VA TOPICS
Public health, safety and emergency services
Forest health and wildfire
Land use, infrastructure and affordable housing
Water supply and quality
Tourism and recreation
Flooding
ACTIONS AND STRATEGIES
POTENTIAL SHORT-TERM PROJECTS
Expanded community outreach on fire risk
Expansion of the Home Energy Efficiency Rebate program
Water treatment back up generators
Public electric vehicle charging stations
City facility energy audit and lighting upgrades.
POTENTIAL LONG TERM PROJECTS
Expanded forest health projects
Transportation demand management
Expanded incentives for home energy efficiency improvements and renewable energy
LOOKING AHEAD
Spring Open Houses
4/21 at Earth Day 11:00 – 2 PM Bushmaster
5/2 Murdock Center 4:30 – 7 PM
OBJECTIVES
Communicate proposed goals
Community members will prioritize actions and strategies
CONTINUED OUTREACH
Community forum topics: mid April through may
Monthly coffee and climate
Monthly newsletter
Pres to community groups and org
April community read
Caap steering committee
FLAGSTAFF YOUTH CLIMATE SUMMIT - 4/30/18
Project focus areas: water, energy, food, biodiversity.
June First draft to Council
July Final open house to review draft
September draft for public comment
October .
INTRODUCTION
Discussion on a proposed amendment to the City's Procurement Code Manual
Policy question to addressed proposed amendment
1. Suspension, Debarment (article 30)
Suspension is a six-month period
Debarment cannot exceed three years
PROPOSED AMENDMENT
Councilmember Putzova said that this was to ensure that the partners that the City enters into contracts with are responsible and ethical layers.
Councilmember Odegaard asked what the staff recommendation was. Mr. Compau said that since the draft agenda they amended it into a final one to include the word "settlement" which does not necessarily determine that a person is guilt of an offense. He said that they do not feel they could debar a business based on the current wording, but the Procurement Code is consistent with federal and state language. This language would go over and above that language. From a federal perspective, it could pose some questions as the City seeks a lot of grant funding from the federal government. It could be conflicting information in terms of language.
Mr. Compau said that with their current language, there are two sites they can go to:
1) SAM (Systems for Awards Management)
2) State Procurement Office - also list of vendors suspended or debarred
He said that with the proposed language, there is not a site that they could go to at the present time to look for a vendor who has violated the new language. Staff feels, in addition, that i tis problematic and inconsistent with the research they would be required to do.
Councilmember Putzova asked that they forget the proposed language, and asked what they would propose that would have a similar affect? Mr. Compau said that is a difficult question to answer and he is not prepared, from the purchasing perspective tonight, to come up with proposed language.
Vice Mayor Whelan said that she thought it was realistic to ask how they can legally be sure they are doing business with people that care about people and she would support staff looking further. Councilmember Putzoa said that they have already had two meetings; they need to look outside and see what other municipalities are doing. Mr. Compau said that they have checked with other municipalities across the nation and they have not finding many that are similar to this.
Further discussion was held on the steps going forward and staff was directed by a majority of four to move forward in working with Legal to find wording that would accomplish this goal.
POLICY QUESTIONS
Staff Proposed Amendments:
Informal and Formal Procurement Limits; Quote File Requirements (Article 7)
Local bid preference prohibited (Article 10)
Code of Federal Regulations (CFR) (Article 14)
Determination of Bidder and Proposer Responsibility (Article 16)
Sole source (Article 18)
Emergency Purchase (Article 19)
After brief discussion of the proposed amendments, staff was directed to bring the amendments back for possible action.
None
After discussion and upon agreement by two members of the Council, an item will be moved to a regularly-scheduled Council meeting.
•Erika Hess
•Sandra Lubarsky
•Robert Heustadt
•Sarah Wilce
•Darrell Marks
•Makaius Marks
Council agreed to move it forward and at least four members supported expediting the resolution for timing purposes.
•Cara Slaughter
•Kevin Tye
•Jan Blackman
•Kally J. Vander Valk
•Adam Kaupisch
•Emily Melborn
•Charles Hammersley
•Jack Welch
•Jerry Thull
A written comment card in support of moving forward was submitted by Wm. Michael Wilson.
Councilmember McCarthy complimented the committee for addressing the maintenance costs and removing the country club project that was controversial. He said that he initially supported this because he thinks tht the initiative process has some problems as it is more difficult to get staff involved and they need to get more involved and they need the Legal Department more involved with wording. He said that he supports moving it forward and would encourage Council to expedite this so it can be on the 2018 ballot.
Councilmember Overton said that he still cannot get there because 13 budget cycles later, these projects come out of the general fund and he has to work with administration and staff to create a responsible, thought-out, balanced budget every year and every year they have community growth needs that far outweigh any new revenue. He said that they have the pension liability to consider, their police officers are tremendously underpaid and there are employment issues throughout the organization.
He agrees that it is important to have facilities, but the fiscal side knows that these projects are not set up to be successful for 20 years. He appreciates the efforts that have gone into the maintenance concerns, but there is still more to figure out.
They have a tremendous uphills battle to make choices with housing, Rio de Flag, possible parks and recreation, transportation renewal, transit increase, Lone Tree Overpass. They would have six questions in addition to the community college and school district.
Councilmember Odegaard said that he struggles with this one also. It is tough, but his priority right now is transportation. He is waiting to see that get across the finish line in November. He would be interested in moving it forward just to have more dialogue, but he does not believe in all of the six projects. He said that they have park space already that they do not having funding for. He would be willing to discuss further, but he may not be there after that.
Councilmember Barotz said that she has also struggled with this issue. She does not support all of the projects that are in the revised proposal; one causes her angst. He would support moving the conversation forward, but she is not committed to putting it on the ballot. She does share some of Councilmember Overton's concerns. She said that, in retrospect, if they had collected the signatures as suggested they would be putting it on the ballot; this route has been difficult.
Councilmember Putzova said that she wants to move this forward. They do incentivize growth and parks and recreation, as a value and element of quality of life, seems to be at the end of the list. She said that she does not think that sales tax is the way to fund it. She believes that it should be funded through property tax but there is no political will in their climate.
Vice Mayor Whelan said that she wanted to take the opportunity to go on record and publicly apologize to Jan and Mike and Jack, who came to see her the other day. She did send an e-mail, but she wanted to read it out loud as well.
She said that it was good to talk about the merits and she said that she would be willing to support the plan when the time was right. She said that at that time she was asked if she would be willing to have the discussion with Council and she said yes. Since March 1 and now, they has continued to evaluate and reevaluate that commitment, and today she believes that she made a mistake in saying yes to move the discussion up. She said that they are privy to information and that gives them the ability to see the bigger picture and weigh the effects of their decisions. She believed that is why she was elected and because of that she must amend that promise to them. She said that she does support the projects, but does not support it on the 2018 ballot.
She said, however, that they do have the four votes to expedite the discussion and it will be. For clarification, she asked if this petition supplanted the first petition submitted; Mr. Hammersley affirmed that it did.
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Vice Mayor Whelan then invited Justin Dedman forward and thanked him for his patience in that she did not see his request to speak during public participation.
Mr. Dedman came forward with a fellow member and said that they were there on behalf of the Native American 38th Annual Flagstaff High School Pow Wow at Flagstaff High School Gymnasium and their theme is "giving back to the circle." He said that it would be held on the 13th and 14th of April.
Councilmember Overton asked staff for a memo on the impact of Waste Management acquiring Norton.
Vice Mayor Whelan requested a F.A.I.R. item for a Council discussion on city commissions and the manner in which they communicate with, interact with and seek direction from other commissions and Council.
| __________________________________ MAYOR |
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| ATTEST: ___________________________________ CITY CLERK |
CERTIFICATION
DATED this 21st day of August, 2018.
_______________________________
CITY CLERK