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Minutes for City Council Meeting - FINAL

 
CITY COUNCIL REGULAR MEETING
TUESDAY, APRIL 17, 2018
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 April 17, 2018, to order at 4:31 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 (telephonically)
ABSENT:

NONE






Others present: Acting City Manager Barbara Goodrich and City Attorney Sterling Solomon.
 
3.
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
The Council and audience recited the Pledge of Allegiance and Councilmember Odegaard 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.
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.

None
 
5.
PROCLAMATIONS AND RECOGNITIONS
 
6.
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.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Celia Barotz to approve Consent Items 7-A through 7-C.

Vote: 7 - 0 - Unanimously

 
A.
Consideration and Approval of Cooperative Contract:  Approve the purchase to replace existing playground equipment with new equipment and surfacing at Guadalupe Park in the amount of $97,346.69 utilizing The Cooperative Purchasing Network Cooperative Contract (#170302) with Landscape Structures, Inc. (through Exerplay, Inc. of Cedar Crest, New Mexico).

Approve the purchase of equipment and services for replacement and installation of the existing playground equipment and installation of rubberized surfacing through Exerplay, Inc. of Cedar Crest, New Mexico (Exerplay) in the amount of $97,346.69.
 
 
B.
Consideration and Approval of Cooperative Contract:  Contract with General Acrylics, Inc. to remove coatings, repair and resurface four (4) tennis courts at Thorpe Park in the amount of $61,184.70 with an owner's allowance in the amount of $5,500.00 for unforeseen conditions.

Approve the purchase of services to remove the existing coating, repair, and resurface the tennis courts at Thorpe Park by General Acrylics, Inc. (General Acrylics) in the amount of $61,184.70 with an owner's allowance in the amount of $5,500.00 utilizing a cooperative purchase agreement through Mohave Educational Services Contract #150-GAI3-0201.
 
C.
Consideration and Approval of Sole Source Purchase:  Enter into a sole source contract to have Superion, LLC upgrade HTE software and re-establish full maintenance.

Approve the sole source contract with Superion, LLC (Superion) to upgrade critical payroll, human resources, and other software, as well as provide support for the software that performs the City's payroll and other business critical solutions.  There is a one-time implementation cost estimated not to exceed $200,000.  The cost for ongoing support and maintenance is estimated to not exceed $75,000 a year, with a 5% increase each year thereafter, beginning the second year of the contract.  The support and maintenance contract will be brought back to Council each year as part of the annual maintained agreements.
 
7.
ROUTINE ITEMS
 
A.
Consideration and Adoption of Resolution No. 2018-20: A resolution approving Arizona Department Of Transportation Grant Intergovernmental Agreement Amendment #1 for the Fourth Street FUTS Project.
Capital Project Manager Christine Cameron addressed Council stating that the amendment to the IGA provides additional construction funding.
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to read Resolution 2018-20 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL APPROVING AMENDMENT NO. 1 TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION AND THE CITY OF FLAGSTAFF FOR THE DESIGN AND CONSTRUCTION OF A SHARED-USE PATHWAY LOCATED ALONG FOURTH STREET BETWEEN HUNTINGTON DRIVE AND BUTLER AVENUE
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to adopt Resolution 2018-20.

Vote: 7 - 0 - Unanimously

 
B.
Consideration and Adoption of Resolution No. 2018-15:  A resolution of the Flagstaff City Council authorizing an Intergovernmental Agreement with the Arizona Department of Transportation for 100% Design of the Fourth Street /I-40 Bridge Replacement Project.
Development Engineering Project Manager Jeremy DeGeyter provided a PowerPoint presentation that covered the following:
 
FOURTH STREET/I-40 BRIDGE REPLACEMENT PROJECT
PROJECT LOCATION
PROJECT HISTORY
PROPOSED IGA
STAFF RECOMMENDED ACTION
 
Vice Mayor Whelan stated that there is $290,000 budgeted for the design and asked where the additional funding would be coming from. City Engineer Rick Barrett stated that there are some Fourth Street bonds that are available as well as some additional program funding that will cover the difference.
 

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Resolution 2018-15 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION AND THE CITY OF FLAGSTAFF FOR THE DESIGN OF THE FOURTH STREET AND INTERSTATE 40 BRIDGE REPLACEMENT PROJECT
 

Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan to adopt Resolution 2018-15.

Vote: 7 - 0 - Unanimously

 
C.
Consideration and Approval of Contract:  Award a service contract with Firetrucks Unlimited, LLC in the amount not to exceed $96,460.00 for the refurbishment of a Quint Fire Truck.
Interim Deputy Fire Chief Mark Wilson addressed Council stating that the contract is for a partial refurbishment of a 20 year old Quint Fire Truck. The refurbishment will hopefully add another five more years to the truck.
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve a service contract with Firetrucks Unlimited, LLC in the amount not to exceed $96,460.00 for the refurbishment of a Quint Fire Truck.

Vote: 7 - 0 - Unanimously

 
D.
Consideration and Approval of Contract:  Maddaus Water Management Inc. for Water Conservation Strategic Plan consulting services. (Possible approval of a contract with water consultant to create a strategic plan for water conservation in Flagstaff.)
Water Conservation Manager Tamara Lawless provided Council with a PowerPoint presentation that covered the following:
 
WATER CONSERVATION STRATEGIC PLAN CONTRACT APPROVAL
BACKGROUND
PLAN OVERVIEW
CONTRACT CONSIDERATIONS
 
Councilmember Barotz asked how the consultant for the strategic plan will interface with the water rate consultant. Ms. Lawless explained that the strategic plan consultant will help the City look at other models throughout the country to see other kinds of rate structures that have been successful with water conservation and that information will be provided to the rate consultant for consideration in their process. Councilmember Barotz requested that staff be sure to have the consultants talk with each other so work is not duplicated.
 
Councilmember Barotz asked what the City will get for the $75,000 contract. Ms. Lawless stated that the initial process is to look at data and trends and provide analysis on how the City is doing. The consultants will provide a list of options and strategies for consideration. From there scenarios will be created from highly conservative to less aggressive to see what Flagstaff would look like at various levels and strategies. The last step is to select the appropriate scenario for Flagstaff.
 

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to approve a contract with Maddaus Water Management Inc. for Water Conservation Strategic Plan consulting services (in the amount of $75,000 and authorize the City Manager to execute the necessary documents).

Vote: 7 - 0 - Unanimously

 
E.
Consideration and Adoption of Ordinance No. 2018-15:  An ordinance of the Council of City of Flagstaff, Coconino County, Arizona, approving the sale and execution and delivery of not to exceed $10,000,000 aggregate principal amount of pledged revenue obligations, evidencing proportionate interests of the owners thereof in a third purchase agreement to acquire and construct street improvements and ongoing preservation of street conditions in and for the City; approving the form and authorizing the execution and delivery of such purchase agreement, a third trust agreement, a continuing disclosure undertaking, an obligation purchase contract and other necessary agreements, instruments and documents; delegating authority to the Management Services Director of the City to determine certain matters and terms with respect to the foregoing; authorizing a contract for the purchase of the obligations and ratifying preparation of a preliminary official statement and approving the use and distribution thereof and approving preparation of a final official statement and the execution, use and distribution thereof (Revenue Bond Debt Authorization-Road Repair and Street Safety)
Management Services Director Rick Tadder stated that the ordinance authorizes the issuance of $10 million of Road Repair and Street Safety debt. This is the second round of debt issuance for a total of $20 million as approved by voters. This one will be a 16 year debt and it is for the remaining time line of the sales tax.
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Scott Overton to read Ordinance 2018-15 for the first time by title only.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE COUNCIL OF CITY OF FLAGSTAFF, COCONINO COUNTY, ARIZONA, APPROVING THE SALE AND EXECUTION AND DELIVERY OF NOT TO EXCEED $10,000,000 AGGREGATE PRINCIPAL AMOUNT OF PLEDGED REVENUE OBLIGATIONS, EVIDENCING PROPORTIONATE INTERESTS OF THE OWNERS THEREOF IN A THIRD PURCHASE AGREEMENT TO ACQUIRE AND CONSTRUCT STREET IMPROVEMENTS AND ONGOING PRESERVATION OF STREET CONDITIONS IN AND FOR THE CITY; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH PURCHASE AGREEMENT, A THIRD TRUST AGREEMENT, A CONTINUING DISCLOSURE UNDERTAKING, AN OBLIGATION PURCHASE CONTRACT AND OTHER NECESSARY AGREEMENTS, INSTRUMENTS AND DOCUMENTS; DELEGATING AUTHORITY TO THE MANAGEMENT SERVICES DIRECTOR OF THE CITY TO DETERMINE CERTAIN MATTERS AND TERMS WITH RESPECT TO THE FOREGOING; AUTHORIZING A CONTRACT FOR THE PURCHASE OF THE OBLIGATIONS AND RATIFYING PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND APPROVING THE USE AND DISTRIBUTION THEREOF AND APPROVING PREPARATION OF A FINAL OFFICIAL STATEMENT AND THE EXECUTION, USE AND DISTRIBUTION THEREOF
 
F.
Consideration and Adoption of Ordinance No. 2018-16:  An ordinance of the Council of City of Flagstaff, Coconino County, Arizona, relating to the financing of certain projects, specifically approving publication of notice of proposed lease of land and buildings from, and lease-purchase back of such land and buildings to, the City of Flagstaff, Arizona, and request for bids in connection therewith; authorizing the acceptance of a bid with respect thereto; approving and authorizing the execution and delivery of a ground lease and a lease-purchase agreement and, if it is determined that the hereinafter described certificates are to be sold and executed and delivered, a trust agreement and a purchase agreement as well as, in either case, other necessary agreements, instruments and documents; if determined that such certificates should be sold and executed and delivered as provided herein, approving the sale and execution and delivery of certificates of participation in such lease-purchase agreement to provide the necessary financing therefor; delegating to the Management Services Director of the City of Flagstaff, Arizona, the authority to determine when bids for such land and buildings shall be accepted, to designate the final principal amount, maturity dates, interest rates and payment dates and other matters with respect to such lease-purchase agreement and to accept a proposal for the purchase of the certificates; approving preparation and distribution of a Preliminary Official Statement and the Final Official Statement; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this ordinance.
Mr. Tadder explained that the authorization is to issue $3.7 million for the Core Maintenance facility. These funds are the Solid Waste commitment to facility construction. Several years ago Council placed a tipping fee at the Landfill to help pay for the Core Maintenance facility. The tipping fee will remain in place until the final debt payment.
 
Councilmember Barotz asked for further explanation about the lease-purchase concept and why it is the preferred funding mechanism. Paul Gails with Greenberg Traurig explained that the City will enter into a lease purchase agreement with the Core Maintenance facility being leased. Lease/purchase payments will be made that are equal to debt service. Mr. Gails further explained that the funding source is the Solid Waste tipping fee and trying to do a financing secured by those fees is not as favorable as a lease-purchase.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to read Ordinance 2018-16 for the first time by title only.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE COUNCIL OF CITY OF FLAGSTAFF, COCONINO COUNTY, ARIZONA, RELATING TO THE FINANCING OF CERTAIN PROJECTS, SPECIFICALLY APPROVING PUBLICATION OF NOTICE OF PROPOSED LEASE OF LAND AND BUILDINGS FROM, AND LEASE-PURCHASE BACK OF SUCH LAND AND BUILDINGS TO, THE CITY OF FLAGSTAFF, ARIZONA, AND REQUEST FOR BIDS IN CONNECTION THEREWITH; AUTHORIZING THE ACCEPTANCE OF A BID WITH RESPECT THERETO; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A GROUND LEASE AND A LEASEPURCHASE AGREEMENT AND, IF IT IS DETERMINED THAT THE HEREINAFTER DESCRIBED CERTIFICATES ARE TO BE SOLD AND EXECUTED AND DELIVERED, A TRUST AGREEMENT AND A PURCHASE AGREEMENT AS WELL AS, IN EITHER CASE, OTHER NECESSARY AGREEMENTS, INSTRUMENTS AND DOCUMENTS; IF DETERMINED THAT SUCH CERTIFICATES SHOULD BE SOLD AND EXECUTED AND DELIVERED AS PROVIDED HEREIN, APPROVING THE SALE AND EXECUTION AND DELIVERY OF CERTIFICATES OF PARTICIPATION IN SUCH LEASE-PURCHASE AGREEMENT TO PROVIDE THE NECESSARY FINANCING THEREFOR; DELEGATING TO THE MANAGEMENT SERVICES DIRECTOR OF THE CITY OF FLAGSTAFF, ARIZONA, THE AUTHORITY TO DETERMINE WHEN BIDS FOR SUCH LAND AND BUILDINGS SHALL BE ACCEPTED, TO DESIGNATE THE FINAL PRINCIPAL AMOUNT, MATURITY DATES, INTEREST RATES AND PAYMENT DATES AND OTHER MATTERS WITH RESPECT TO SUCH LEASE-PURCHASE AGREEMENT AND TO ACCEPT A PROPOSAL FOR THE PURCHASE OF THE CERTIFICATES; APPROVING PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS ORDINANCE
 
G.
Consideration and Adoption of Resolution No. 2018-21:  A resolution of the City Council of the City of Flagstaff, Arizona authorizing the settlement of the matter of Marissa Morris v. City of Flagstaff and Jeffrey Brandon (Bonar) Williams, case No. CV2017-00519, currently pending in Coconino County Superior Court.
Mr. Solomon stated that the Resolution authorizes the settlement of the case filed by Marissa Morris against the City of Flagstaff and Mr. Jeffrey Bonar.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to read Resolution 2018-21 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL AUTHORIZING THE SETTLEMENT OF THE MATTER OF MARISSA MORRIS V. CITY OF FLAGSTAFF AND JEFFREY BRANDON (BONAR) WILLIAMS, CASE NO. CV2017-00519, CURRENTLY PENDING IN COCONINO COUNTY SUPERIOR COURT
 

Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan to adopt Resolution 2018-21.

Vote: 7 - 0 - Unanimously

 
H.
Consideration and Adoption of Resolution No.  2018-22:  A resolution of the Flagstaff City Council adopting Notice of Intent to increase stormwater rates or rate components, fees or service charges and establishing a date for a public hearing on the proposed changes for June 19, 2018.
Mr. Tadder stated that the Notice of Intent is a formal process that the City must take to raise stormwater fees; it sets a public hearing for June 19, 2018. Once the notice of intent is approved, staff will provide a rate analysis and financial plan and bring back options in June for a possible rate increase.
 

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to read Resolution 2018-22 by title only.

Vote: 6 - 1

NAY:
Councilmember Charlie Odegaard
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL ADOPTING NOTICE OF INTENTION TO INCREASE STORMWATER RATES OR RATE COMPONENTS, FEES OR SERVICE CHARGES AND ESTABLISHING A DATE FOR A PUBLIC HEARING ON THE PROPOSED CHANGES; THE PUBLIC HEARING DATE TO BE JUNE 19, 2018
 

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Jim McCarthy to adopt Resolution 2018-22.

Vote: 6 - 1

NAY:
Councilmember Charlie Odegaard
 
RECESS
The 4:30 p.m. portion of the Regular Meeting of April 17, 2018, recessed back into Executive Session at 5:22 p.m.
6:00 P.M. MEETING
RECONVENE

Mayor Evans reconvened the Regular Meeting of the Flagstaff City Council held April 17, 2018, at 6:06 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).
 
8.
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 (telephonically)
ABSENT:

NONE






Others present: Acting City Manager Barbara Goodrich and City Attorney Sterling Solomon.
 
9.
PLEDGE OF ALLEGIANCE

The Council and audience recited the Pledge of Allegiance.
 
10.
PUBLIC PARTICIPATION
Vanessa Savel addressed Council in opposition of the removal of in-state tuition for DACA Students.

Charlie Silver addressed Council with concerns about big developments and public/private partnership projects. He urged Council to rethink the process for rezoning requests and focus more on community quality of life.

Lena Wallen addressed the Council as the Community Liaison for the Police Department. She invited the Council to attend the Citizen Liaison Committee open house on April 26, 2018 at 6:00 p.m. at the Health Department on King Street. They will be discussing gangs.

The following individuals addressed Council with concerns regarding the displacement of Arrowhead Village residents:
  • Emily Melhorn
  • Miriaul Meza
  • Olga Garcia
  • Norma Rodriguez
The following comments were received:
  • There are so few affordable housing options in Flagstaff, taking one away is a tragedy.
  • Please apply any additional resources to help the Arrowhead community.
  • The community has tried to address the issues with the new owner.
  • Many residents are paying double rent for their new place and also at the park even though they have vacated the property.
  • We want something just for the families of this community from the owner.
  • There is concern for other mobile home communities in Flagstaff.
  • There are no other spaces for mobile homes in Flagstaff.
  • The homes cannot be moved because they are really old and there is no land space.
  • Please talk to the owner, there needs to be some resolution of this issue.
  • Losing our homes has been traumatic to the children.
Written comment cards regarding Arrowhead Village were received by the following individuals:
  • Dawn Dyer
  • James Kennedy
 
11.
CARRY OVER ITEMS FROM THE 4:30 P.M. AGENDA

None
 
12.
PUBLIC HEARING ITEMS
 
A.
Mill Town
Mayor Evans continued the public hearing.
 
 
Current Planning Manager Tiffany Antol provided a PowerPoint presentation that covered the following:
 
MILL TOWN MIXED-USE
PROPERTY
MILL TOWN MIXED-USE SITE PLAN
SITE PLAN HIGHLIGHTS
MILTON ROAD ELEVATIONS
FULL LENGTH OF THE BUILDING
NEW RENDERINGS
FLAGSTAFF REGIONAL PLAN 2030
SUPPORTING POINTS AND NON-SUPPORTING POINTS
ZONING MAP AMENDMENT FINDINGS
MILL TOWN PRELIMINARY PLAT
TRANSPORTATION IMPROVEMENTS
PEDESTRIAN/BICYCLE
TRANSPORTATION IMPROVEMENT BUDGET
DEVELOPMENT AGREEMENT DEAL POINTS
RECOMMENDATION
ZONING MAP AMENDMENT FINDINGS
 
Attorney for Vintage Partners Carolyn Oberholtzer provided a PowerPoint presentation that covered the following:
 
MILL TOWN
SUMMARY OF REVISIONS
HOH REGIONAL ACTIVITY CENTER
PEDESTRIAN ENVIRONMENT IMPROVEMENTS
RESOURCE PROTECTION OVERLAY
TRANSIT-ORIENTED DEVELOPMENT
SITE PLAN
FISCAL IMPACT SUMMARY
DEVELOPMENT AGREEMENT ADDITION
 
Councilmember Barotz asked if there are any other properties in Arizona that are part of the project agreement. Walter Crutchfield with Vintage Partners stated that the RFP required that on either side of the transaction if one side is giving more than the other there would be a true-up. Currently, Arizona Department of Transportation (ADOT) has no capital to do that true-up. He is continuing to work with ADOT but there are no promises on how they will get to the true-up.
 
Councilmember Barotz asked why Harkins was given five years no rent on the new theater. Mr. Crutchfield stated that it was the only way to get Harkins to re-locate.
 
The following individuals expressed support of the Mill Town Rezone:
  • Ken Berkhoff
  • Julie Pastrick
  • Rick Lopez
  • Brian Landauer
  • Jim Stratton
  • Erika Mazza
  • Daniel Williamson
  • Ross Altenbaugh
The following comments were received:
  • Vintage Partners are honest developers who do what they say they will do.
  • The public/private partnership is what makes this work, the City will get much needed infrastructure and road improvements.
  • This is a wonderful project with a wonderful design.
  • Vintage was thoughtful and detailed and included 30% of the property for open space.
  • This transit oriented design is so important to many.
  • The current ADOT building is not attractive and the Mill Town project is far superior to what is there today.
  • It brings benefit to the community with the pedestrian underpass.
  • Rent will start to go down now that students will move into this and other student developments.
  • The City promised the community to extend Beulah and align University, it is time to deliver on that promise.
  • Impressed with Vintage’s commitment to communities.
  • The Harkins relocation has been positive for the neighboring businesses.
  • Vintage will do right by the City.
  • Mill Town is a good project in good proximity to the University.
  • Impressed to see open space and public space incorporated into the design.
  • Urge the Council to move forward with the rezone request.
  • NAIPTA supports the transit aspects of this project and the components that foster high ridership.
  • This project addresses many issues in Flagstaff.
  • NAU will continue to grow and projects like this provide appropriate housing for that growth.
  • An interesting opportunity for those 22 units would be to make them available for the Front Door program.
The following individuals expressed concerns with the Mill Town Rezone:
  • Robert Caskey
  • Charlie Silver
  • Christina Sadler
  • Mark Haughwout
  • Roseanne Fletcher
The following comments were received:
  • Concerned about water connection costs; it is not right for the residents to bear the burden of cost to subsidize these large units.
  • Subsidization for seniors is not included in the agreement, there is no guarantee that it will happen.
  • Even with the changes the project still has deficiencies.
  • Affordable housing needs more exploration.
  • The main building is still too big, the scale of 750 feet is huge and it needs to be broken up in consultation with the High Occupancy Housing Plan.
  • There needs to be more direct discussion about the public safety impact.
  • The public/private partnership contributions need to be reviewed further, ADOT owes the City money.
  • Do not approve the rezone tonight.
  • This is another massive project with monolithic structures.
  • Is the City allowing too much of a single type of housing?
  • The developer, City and NAU could have come up with a creative solution to parking so that the building did not have to be so massive.
  • This development will make traffic worse, not better.
Written comment cards in support of the Mill Town rezone were received by the following individuals:
  • Mark Ortman
  • Ryan Richardson
  • Dawn Tucker
Written comment cards in opposition of the Mill Town rezone were received by the following individuals:
  • Elbert Boxberger
  • Christina Caskey
  • Nancy Coker Helin
  • Dawn Dyer
  • Don B.F. Fanning
Mayor Evans closed the Public Hearing.
 
Councilmember Barotz asked if Vintage Partners would consider increasing the number of below market units from 22 to 50. Mr. Crutchfield explained that he would have to defer to the student housing partner on how that could be done. The current 22 units are separated from the other units because they were initially commercial space; they were never included in the original unit count so there is flexibility in their use.
 
Councilmember Barotz asked what happens to the rent on the units if mature residents do not come. Mr. Crutchfield stated that the marketing will be done to attract mature residents however the units will always have the below market rent.
 
Councilmember McCarthy stated that the stumbling block with the 22 units is the issue of age restriction; he suggested targeting people on the basis of need for affordability rather than age. Ms. Oberholtzer stated that she and the City Attorney’s office could quickly draft some language to that effect.
 
A break was held from 7:44 p.m. through 7:56 p.m.
 
Councilmember Barotz asked Mr. Crutchfield to explain the situation of truing up with ADOT. Mr. Crutchfield explained that when the Request for Proposal went out in 2011 there was no solution specified. Vintage’s solution was to move Harkins and repurpose the old building for ADOT operations. If the total value of what Vintage offered was less than the value of the land, then Vintage would be responsible for coming to closing with a cash payment. However, this was not the case, it was opposite with ADOT owing the difference. ADOT has remnant pieces in their Right of Way department and those were discussed as a possible solution however, most the parcels have little or no value. A few parcels did have value but they were purchased with federal funds and are not available for this type of use. ADOT is exploring other ways to close the gap and right now there is no solution. Alternatives will continue to be considered but at the end it may come down to the true up not being attained; this is a risk that everyone understood going in.
 
Ms. Oberholtzer presented Council with language drafted at the break.
 
“Recognizing that the residential units within the project are not age restricted, to encourage multigenerational living, marketing for the front level units will be age-targeted to attract mature residents and, to the extent permitted by law, the ground level units will be (i) restricted to tenants who are not full-time undergraduate students and (ii) subsidized a minimum of 30% below market, as measured against comparable units in the Project, in accordance with affordability criteria to be mutually agreed upon by Vintage and the City. This provision shall survive the term of this Agreement and shall continue in full force and effect for a period of ten (10) years from issuance of certificate of occupancy on the residential building and provided that the Project’s residential units remain rental units. The parties agree to meet and negotiate in good faith for an extension of this provision following its expiration in ten (10) years.”
 
i.
Public Hearing, Consideration and Possible Adoption of Ordinance No. 2018- 13:  An ordinance of the City Council of the City of Flagstaff amending the Flagstaff Zoning Map to rezone approximately 18.11 acres of real property generally located at 1801 S Milton Road from the Rural Residential (RR) and Public Facility (PF) zones to the Highway Commercial (HC) zone for the development of a mixed-use project. (Mill Town Direct to Ordinance Zoning Map Amendment)
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to read Ordinance 2018-13 for the first time by title only.

Councilmember Odegaard stated that NAU brings in a diverse student population and those students need appropriate places to live. This project addresses some of the need for housing as well as infrastructure needs of the City.

Vice Mayor Whelan offered that the Mill Town discussion and decision has been challenging. At an earlier meeting Council asked about open space, public safety, diversity of housing, and affordability. There were concerns about the size of the footprint and the height of the original design. Vintage Partners dropped the Conditional Use Permit addressing the diversity of housing, the new design removed commercial units and replaced them with additional residential units. The building height was lowered and parking still exceeds the minimum required spaces. The project meets all its findings, the new plan is consistent with the goals and policies of the plan and it will not be detrimental to the health and convenience of the community. She again encouraged the developer to try to find additional units to bring the number of affordable units to 50 and possibly designate a percentage for the Front Door program. She believes that this project is way ahead of its time and will support it.

Councilmember Putzova stated that she believes that the Mill Town Project is inconsistent with many Regional Plan policies and she found the project detrimental to the public interest of safety and convenience.

Councilmember Barotz stated that the recent budget retreat revealed that Fire Department calls have increased 48% and employees have been decreased by 7%. The Fire Department has the same number of units responding city wide that they did in 1992. The call volume has increased 325% since that time. There has been a lot of construction lately, it is believed that construction sales tax and the subsequent property tax are enough to address the impacts on public safety but it never seems to be. She will not be supporting the project because of the public safety issues.

Mayor Evans stated that there are more people in Flagstaff than ever before. The community conversation has focused on NAU and the intensity of student growth for decades. Student Housing developments do not belong in residential neighborhoods. To preserve the neighborhoods appropriate student housing opportunities need to exist in appropriate places. This project is in the right place, it is not displacing residents, it is not destroying neighborhoods or gentrifying. It is hoped that students will move out of the neighborhoods and into these developments. She is supportive of the project.

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to amend the motion to include changing the recital in the ordinance to match the recital in the resolution.

Vote: 5 - 2

NAY:
Councilmember Celia Barotz
Councilmember Eva Putzova
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF ZONING MAP TO REZONE APPROXIMATELY 18.11 ACRES OF REAL PROPERTY GENERALLY LOCATED AT 1801 SOUTH MILTON ROAD ON PARCEL NUMBERS 103-21-001, 103-21-002 AND A PORTION OF THE UNIVERSITY AVENUE RIGHT-OF-WAY FROM THE RURAL RESIDENTIAL (RR) AND PUBLIC FACILITY (PF) ZONES TO THE HIGHWAY COMMERCIAL (HC) ZONE AND APPLYING THE RESOURCE PROTECTION OVERLAY (RPO) ZONE WITH CONDITIONS; PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
 
ii.
Consideration and Possible Adoption of Resolution No. 2018-13:  A resolution authorizing the execution of the Mill Town Development Agreement between Vintage Partners, LLC and the City of Flagstaff related to the development of approximately 18.11 acres of real property generally located at 1801 S. Milton Road. (Mill Town Development Agreement)
 

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Jim McCarthy to read Resolution 2018-13 by title only and include the amended language related to affordability.

Councilmember Barotz stated that she will not be supporting the Resolution because of section 4 of the development agreement.

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 A DEVELOPMENT AGREEMENT BETWEEN VINTAGE PARTNERS, LLC AND THE CITY OF FLAGSTAFF RELATED TO THE DEVELOPMENT OF APPROXIMATELY 18.11 ACRES OF REAL PROPERTY GENERALLY LOCATED AT 1801 SOUTH MILTON ROAD AND ESTABLISHING AN EFFECTIVE DATE
 
 

Moved by Councilmember Scott Overton, seconded by Vice Mayor Jamie Whelan to adopt Resolution 2018-13.

Vote: 5 - 2

NAY:
Councilmember Celia Barotz
Councilmember Eva Putzova
 
iii.
Consideration and Approval of Preliminary Plat:  Request from Vintage Partners, for the subdivision of 18.11 acres known as Mill Town Mixed-Use into two lots, two tracts and public rights-of-way within the Highway Commercial (HC) zone.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to approve the Preliminary Plat from Vintage Partners, for the subdivision of 18.11 acres known as Mill Town Mixed-Use into two lots, two tracts and public rights-of-way within the Highway Commercial (HC) zone.

Vote: 5 - 2

NAY:
Councilmember Celia Barotz
Councilmember Eva Putzova
 
13.
REGULAR AGENDA
Mayor Evans re-arranged the agenda to the following order: 13B, 14B, 13A, then 14A.
 
A.
Discussion/Action: Current Issues Before Arizona Legislature and Federal Issues
Mr. Blaschke introduced the City’s State Lobbyist Richard Travis. Mr. Blaschke and Mr. Travis provided a PowerPoint presentation that covered the following:
 
BILLS OF INTEREST
DEAD
CURRENT
SB1519 GOVERNORS SCHOOL SAFETY BILL
POTENTIAL BALLOT MEASURES FOR NOVEMBER ELECTION – LEGISLATIVE
POTENTIAL BALLOT ISSUES FOR NOVEMBER ELECTION – VOTER INITIATIVE
ANTI DARK MONEY
CLEAN ENERGY REQUIREMENT
REFER – SAVE OUR SCHOOLS ARIZONA
GOVERNOR DUCEY’S TEACHER PAY INITIATIVE
FLAGSTAFF INTERGOVERNMENTAL PRIORITIES FOR 2019
CONSULAR ID CARDS/BORDER CROSSING CARD
AZ LEAGUE POLICY COMMITTEES
CONGRESSMAN O’HALLERAN COMMUNITY DISCUSSION
STATE TRANSPORTATION BOARD
AZ LEAGUE TRAININGS
 
Councilmember McCarthy stated that there is a petition being circulated for a constitution amendment regarding sales tax on services. He asked if that would have any impact on Flagstaff’s tax policy. Mr. Travis stated that the initiative is being coordinated by the Arizona Realtor Association and it is very possible they will make the ballot in time. This appears to be a pre-emptive strike, right now there is no tax on services, this initiative would make it clear that they are not taxed. The reason for this action is that there have been discussions at the legislature about reducing the sales tax rate but broadening the base. There has been a move from manufacturing business to service business; the usual groups that support this kind of move are lawyers, dentists, doctors, and others. If it makes the ballot there will likely be a well-financed campaign.
 
Mayor Evans requested a CCR regarding the taxing of services in Arizona.
 
B.
Consideration and Adoption of Resolution No. 2018-19: a resolution approving the City of Flagstaff 2018/2019 Annual Action Plan and authorizing its submission to the U.S. Department of Housing and Urban Development (HUD).
Housing and Grants Administrator Leah Bloom provided a PowerPoint presentation that covered the following:
 
2018/2019 ANNUAL ACTION PLAN
TONIGHT
CDBG OVERVIEW
HOW CAN THE CITY SPEND THE MONEY?
COUNCIL DIRECTION & STAFF RESPONSIBILITIES
PUBLIC PARTICIPATION PROCESS
CONDUCTING RISK ASSESSMENT PER PROPOSAL
HOW MUCH MONEY ARE WE TALKING ABOUT?
HOW MUCH MONEY ARE WE TALKING ABOUT FOR EACH CATEGORY?
HOUSING FUNDING AVAILABLE $413,229
HOUSING PROPOSALS/PROJECTS
FUNDING RECOMMENDATION HOUSING
PUBLIC SERVICE PROPOSALS
FUNDING RECOMMENDATION PUBLIC SERVICE PROPOSALS
NEXT STEP
 
The following individuals spoke in favor of the CDBG proposals:
  • Colleen Maring
  • Ross Altenbaugh
The following comments were received:
  • With this grant Flagstaff Shelter Services could begin servicing families instead of separating them in different locations.
  • The grant would allow Flagstaff Shelter Services to serve people dealing with sobriety.
  • With the grant it is anticipated that Flagstaff Shelter Services will serve 15 families each night.
 

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Resolution 2018-19 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL APPROVING THE CITY OF FLAGSTAFF 2017/2018 ANNUAL ACTION PLAN AND AUTHORIZING ITS SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 

Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan to adopt Resolution 2018-19.

Vote: 7 - 0 - Unanimously

 
14.
DISCUSSION ITEMS
 
A.
Discussion: Requiring the use of Reclaimed Water for all non-potable uses within High Occupancy Housing projects.
Water Services Engineering Manager Ryan Roberts provided a PowerPoint presentation that covered the following:
 
RECLAIMED WATER USES FOR HIGH OCCUPANCY HOUSING
DISCUSSION – ITEMS TO CONSIDER
USE OF RECLAIMED WATER IN HOH BUILDINGS
POLICIES
AVAILABILITY
EXISTING INFRASTRUCTURE
OPERATIONAL ISSUES
 
Planning Director Dan Folke continued the presentation.
 
HOH LOCATIONS
 
Mr. Roberts continued the presentation.
 
FINANCIAL
LOOKING AHEAD
 
A written comment card in support of reclaimed water for High Occupancy Housing was submitted by Dawn Dyer.
 
Vice Mayor Whelan stated that she would like to take a few steps back and have a higher-level conversation now that the Council has an understanding of what it will take to bring reclaimed water to high occupancy housing developments. Council was supportive of this direction.
 
B.
Discussion: A Citizens' Petition requesting consideration of a Council resolution re: the Coconino County Detention Center Policy.
The following individuals spoke in favor of a Council resolution:
  • Sandra Lubarsky
  • Marcus Ford
  • Dustin Kuluris
  • Kathryn Mahady
  • Dulce Bojorquez
  • Peggy Sheldon-Suyrleck
  • Elaina Thompson
  • Bjorn Krondorfer
  • Kim Curtis
  • Reverend Kathleen Day
  • Karis Newbury
  • Christa Sadler
  • Sarah Wilce
  • Leah Mundell
  • Robert Neustadt
The following comments were received:
  • Most undocumented people in jail have been arrested for minor traffic violations and misdemeanor crimes.
  • Sheriff Driscoll cooperates with ICE as a favor.
  • Urge the Council to pass a resolution and send a clear message to Sheriff Driscoll.
  • The proposed resolution is framed in terms of the United States Constitution.
  • In order to maximize human freedom it is essential to limit government.
  • An administrative request is not enough to hold someone behind bars.
  • Flagstaff Police Department is here to protect and serve and should not be a part of a system that hands people over to ICE.
  • Sheriff Driscoll’s policies do not reflect the community and they are illegal.
  • The City should support all community members regardless of citizen status.
  • Council should oppose the County’s assistance in violating human rights.
  • The jail policy violates the Arizona and United States Constitution by detaining people beyond the time permissible for their charges.
  • The Council needs to take a position on the issue, if not they are complicit to denying basic rights.
  • This resolution is important because of Frankie Madrid.
  • Council must do more and protect the community.
  • Undocumented people do not have the same access to resources.
  • The Council needs to look at the community needs, human rights, civil rights, and the benefit of the greater good.
  • It is Council’s responsibility to enhance and protect the quality of life for all.
  • It is necessary to continuously advocate for the prosperity and well-being of all of Flagstaff’s undocumented citizens.
  • The rights of all people must be upheld regardless of citizen status.
  • Detaining people on American soil without proper cause of crime is unconstitutional.
  • The origin of a person is not cause for arbitrary arrest or search and seizures.
  • Let Flagstaff be a leader.
  • This country must be reasonable and fair.
  • Stand in solidarity with the undocumented population.
  • Keep Flagstaff a safe and welcoming city.
  • The current practices are detrimental to the community.
  • People who come to the United States want to work and to support their families and live the American dream.
  • It is nearly impossible to get legal status in this country.
  • Sheriff Driscoll is superseding his authority.
  • There is no reason for the Sheriff to do immigration law.
  • People become afraid to report crime happening in their community for fear of ICE.
  • The Sheriff should uphold his duties and not those of federal immigration.
  • The threat from Representative Bob Thorpe is inappropriate and irrelevant, the Council is considering a non-binding resolution, not a law or policy.
  • Arizona has no laws that prohibit communities from expressing their official view on jail policy and immigration laws.
  • This holding of people beyond their time is not required by law and it is hurting the community by perpetuating a culture of fear.
  • Support the law enforcement efforts to build a community of trust, not fear.
  • The community will be safer if the constitutional rights of everyone are protected.
  • The lawsuit may take forever and people will continue to be detained.
  • Elected officials should not have to be sued to do the right thing.
  • This is a legal issue and an economic issue.
  • The taxpayers are paying for Sheriff Driscoll’s legal defense,
  • This is a social issue, families are separated with unbelievable suffering.
  • These are not the values of Flagstaff and the Sheriff is an elected official who should be representing our values.
  • Evil is done not by evil people but when good people say and do nothing.
  • Please pass the resolution.
Written comment cards in support of a Council resolution were submitted by the following individuals:
  • Danielle Austin
  • Nicole Charles
  • Mare Schumacher
  • Sondra Serna
  • Penny Trunzo
  • Peter Fule
  • Angie Moline
  • Dawn Dyer
  • Frankie Beesley
  • Dorothy Rissel
  • Evan Hawbaker
  • Michele James
  • Emily Davalos
  • Carrie Clark
  • Stephanie Birdwell
  • Mara Pfeffer
  • Linda Borkan
  • Madison Ledgerwood
  • Don B.F. Fanning
  • Marilyn Weissman
  • Christina Sadler
  • Jean Myers
  • Rachel Tso
  • James Kennedy
  • Kahe Giovale
  • Dawn Tucker
  • Sean Parson
  • David McKell
Councilmember McCarthy stated that he does not agree with the submitted resolution. He worked with others and drafted a new resolution he would like the Council to consider. He strongly suggests that the item is moved forward.
 
Mr. Solomon stated that if there are four Councilmembers who want to move the item forward then he would recommend an Executive Session prior to the next discussion.
 
Councilmember Barotz stated that she would like to move the item forward and would request that Council consider moving it to the front of the line.
 
Four Councilmembers were in favor of moving the item forward and moving the item to the front of the line.
 
A break was held from 10:03 p.m. through 10:09 p.m.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Jim McCarthy to continue the meeting, in accordance with the Rules of Procedure.

Vote: 7 - 0 - Unanimously

Councilmember Putzova left the meeting at 10:09 p.m.
 
15.
COUNCIL LIAISON REPORTS
Councilmember Overton reported that NAIPTA General Manager Jeff Meilbeck was named by Arizona Transit Association as the Transit Person of the Year. There was a nice luncheon recognizing Mr. Meilbeck. It is a great award for NAIPTA.
 
Vice Mayor Whelan reported that the CJCC Executive Committee will be having a retreat in June. She asked Council to let her know if there are any ideas or comments that they would like to bring forward.
 
16.
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.
 
A.
Future Agenda Item Request (F.A.I.R.): A request by Vice Mayor Whelan to place on a future agenda a discussion about the Wildlife Feeding Ordinance.
Two Councilmembers were in favor of moving forward.
 
17.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
Councilmember Odegaard requested a CCR on the issue of RV parking in the University Heights neighborhood. Ms. Goodrich stated that there was a CCR already done and she will forward a copy to him.
 
18.
ADJOURNMENT
The Regular Meeting of the Flagstaff City Council held on April 17, 2018, adjourned at 10:56 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 April 17, 2018. I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 15th day of May, 2018.     




_______________________________
CITY CLERK