TUESDAY, MAY 1, 2018
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN
4:30 P.M. AND 6:00 P.M.
Mayor Evans called the Regular Meeting of the Flagstaff City Council of May 1, 2018, to order at 4:30 p.m.
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: MAYOR EVANS VICE MAYOR WHELAN COUNCILMEMBER BAROTZ COUNCILMEMBER MCCARTHY COUNCILMEMBER ODEGAARD COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: NONE |
MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to approve the minutes of the City Council Special Meeting (Executive Session) of February 26, 2018; March 13, 2018; March 27, 2018; April 10, 2018; and April 25, 2018.
Vote: 7 - 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.
None
None
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 Eva Putzova, seconded by Councilmember Scott Overton to appoint Sandra Lubarsky to the Beautification and Public Art Commission for a term expiring June 2020.
Vote: 6 - 0 - Unanimously
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Jim McCarthy to forward a recommendation of approval to the Arizona Department of Liquor Licenses and Control.
Vote: 7 - 0 - Unanimously
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 Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve Consent Agenda Items 9-A and 9-B.
Vote: 7 - 0 - Unanimously
BROAD TYPES OF INSURANCE
Property
Liability
Auto
Crime
Excess
Airport Liability
Workers Comp
RENEWALS PRIOR TO A CHANGE IN RISK MANAGEMENT
Exp $1.5M for these areas
Next 3 years until 2013 – those premiums went up on average 50%
Total 2013 – exceeded $2.2M
At that point the Council invested in a refocus of Risk Management and they turned from claims-oriented to a risk management- oriented program, getting in advance of those claims and programming to eliminate them.
RESULTS OF NEW PROGRAM
Employee recordable injuries down near 50%
Serious injuries down over 80% (emp out of work over one week)
Early intervention in liability related incidents
Real time communication and prompt reporting
RENEWALS AFTER CHANGE IN OUR PROGRAM
$2.2M this year – renewed lines just under $1.5M across the board
Less than premium expended 15 years ago even though there is an increase in auto exposures, new property, and exposures overall, and the premium has gone down.
CYBER/IT ENHANCEMENTS
Extortion coverage against RANSOM WARE
Privacy regulatory proceedings / fines and costs associated breaches as it relates to regulations
Private Credit Information / covers losses associated with breadth of consumer credit data
Business interruption
CRYSTAL BALL
Modest increase in liability premium m fiscal year 18/19
Potential increase in our current $75,000 liability self insured retention over the next 2-4 years
Property pre minimum will remain fairly stable
Anticipate no increase next year
WORKERS COMP
10-15% increase expected next year due to increased exposures
Self-Insured Workers Comp in three to five year window
Council thanked Mr. Coughenour for his report and the great job he was doing.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve the renewal of our Workers' Compensation agreement with Copperpoint Mutual with an estimated annual cost of $576,000; 2) approve the renewal of our Property insurance agreement with A.I.G. with an estimated annual cost of $189,820; and 3) approve the renewal of our General Liability, Auto, Umbrella and associated lines of coverage with Travelers Insurance with an estimated annual cost of $720,232.
Vote: 7 - 0 - Unanimously
Mr. Summerfelt said that the bids will go out this summer with potentially three different contracts. The bids prob ably won’t be awarded until later in the summer with the work to begin summer of 2019. Vice Mayor Whelan asked if that was a typical timeline for this type of project, having to wait so long. Mr. Summerfelt said that the work that is going to occur is in an area where there is a lot of Spotted Owl. The US Fish and Wildlife has allowed them a two-year operating window when the first tree is cut so they want everything to be in place before then start.
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Eva Putzova to approve FWPP SPA 18-PA-11030408-002 with the US Forest Service in the amount of $4,598,541.40.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Vice Mayor Jamie Whelan to approve FWPP Hand Thinning SPA 18-PA-11030408-017, with the U.S. Forest Service.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2018-15 by title only for the final time.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to adopt Ordinance No. 2018-15.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Eva Putzova, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2018-16 by title only for the final time.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to adopt Ordinance No. 2018-16.
Vote: 7 - 0 - Unanimously
Staff proposed amendments
1. Informal and Formal Procurement Limits; Quote File Requirements (Article 7);
2. Local Bid Preference Prohibited (Article 10);
3. Code of Federal Regulations (CFR) (Article 14);
4. Determination of Bidder and Proposer Responsibility (Article 16);
5. Sole Source (Article 18); and
6. Emergency Purchase (Article 19)
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Jim McCarthy to read Resolution No. 2018-11 by title only.
Vote: 7 - 0 - Unanimously
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2018-11.
Vote: 7 - 0 - Unanimously
- Update the work period from 24 to 12 days (or 182 to 91 hours) for Fire Suppression Employees.
- Create definitions for hours worked, regular hourly rate and work week in the general definitions are since these terms are used in multiple policies within the Employee Handbook.
- Update the Employee Advisory Committee structure to include reorganizations and re-titles.
- Add two exceptions for an employee to carryover vacation leave to meet organizational needs.
- Add a new policy to the Employee Handbook for On-Call and Call-Out Pay.
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2018-18 by title only for the first time.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Councilmember Jim McCarthy to approve the construction contract with Johansen Construction, Inc. (“Contractor”) in the amount of $1,623,371.71, which includes a contract allowance of $80,000.00, and a contract time frame of 180 calendar days; approve Change Order Authority to the City Manager in the amount of $154,400.00 (10% of the contract amount, less allowance); and authorize the City Manager to execute the necessary documents.
Vote: 7 - 0 - Unanimously
The 4:30 p.m. portion of the Regular Meeting of May 1, 2018, recessed at 4:20 p.m.
Mayor Evans called the Regular Meeting of May 1, 2018, back to order at 6:04 p.m.
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: MAYOR EVANS VICE MAYOR WHELAN COUNCILMEMBER BAROTZ COUNCILMEMBER MCCARTHY COUNCILMEMBER ODEGAARD COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: NONE |
Councilmember Odegaard led the Council and audience in the Pledge of Allegiance.
Gabor Kovacs, Flagstaff, addressed the situation with Red for Ed stating that he had sympathy for teachers up until a few weeks ago.
Al White, Flagstaff, said that he was there as well, as the President of the Board for Theatrikos, to thank the Council for their support of the arts in the community.
The following individuals addressed the Council regarding the Arrowhead Mobile Home Park:
•Lauren Savole
•Olga Garcia
•Francisca Mendoza
•Mirian Meza
Comments included:
•Asking the Council to help the residents of Arrowhead
•Has lived in Arrowhead for 12 years
•Thank you for meeting with them, but it is not enough; time is of the essence and they need help now
•Resident for 18 years; ever since receiving the letter of eviction it has affected her economically and physically
•Thank you to all that have helped us
•They elected the Council to fix things
•King House is laughing at these families; King House needs to know they cannot treat families like this
Written comment was also received from the following individual in support of the Arrowhead residents:
Emily Davalos
Councilmember McCarthy said that when this first came to Council he was unable to accept it because of some legal problems with it. He did meet with some of the interested parties and got to the root of what they were after. He then read the revised resolution.
Public comment was then received from the following individuals:
•Luis Fernandez, Flagstaff
•Gabor Kovacs, Flagstaff
•Marcus Ford, Flagstaff
•Sandra Lubarsky
•Dr. Miguel Vasquez
•Kathryn Mahady
•Sarah Wilce
•Emily Davalos
•Michele de la Rosa-John
•Gerardo Alvarado
•Jeronimo Vasquez
•Frankie Beesley
Comments included:
•Thank you for all you are doing with Arrowhead; is here to push it further with this resolution.
•Stay strong – they are appreciated
•Do the right thing, the moral thing
•To him it seems funny that the protest is for Frankie who was a known drug user, illegal alien
•Over the years the Sheriff has proven himself to be a true patriot, a man who upholds the law
•These types of resolutions are ignorant
•This resolution won’t change jail policy, but it will help some people heal at night and make the community safer
•The courts will determine the law; they are asking the City to take a moral stance
•This afternoon Sheriff Napier was testifying before the Pinal County Board of Supervisors and said that no sheriff in his right mind would honor ICE detainers because they are widely known to be unconstitutional
•In 1954 when she was born, marriage between Caucasians and “color” were illegal; the law was not repealed in Arizona until 1962
•Clearly they are capable of passing laws
•Asking for the Council’s leadership; to speak out against the County procedure
•Professor of Anthropology at NAU; 40% of the families at Killip Elementary have some member of their family who is affected by this resolution
•He was part of the group that first met with Bill Ring and the Sheriff
•He was there to speak of the climate of fear that exists in Sunnyside neighborhoods
•They had an amicable meeting and felt they were on board, but later the Sheriff took advance from his assistant who claims there was no such fear
•There are students at Killip who are afraid that their parents are not going to be there when they go home
•Works for AWD and is part of the team that filed the lawsuit against the County
•Thank you for the amount of time that the Council has given to make sure this resolution does not run afoul of SB1070 and is something that the Council can support
Councilmember Barotz asked if the resolution would be shown to the judge in the lawsuit if it is passed. Ms. Mahady said that they would, understanding that it is a nonbinding resolution, but it does show that the community is supportive of ending this policy.
Further discussion was held on the pending lawsuit.
Councilmember Putzova said that it is important as Council that they think about every day that goes by that the Sheriff’s policy is not changed, could be the day that someone could be held in jail longer than they need to be and it could have life consequences. To her, the question is not legal, but one of policy.
Continued comments included:
•When they realized a few months ago that their private efforts had failed to get the County’s policy changed, they decided to go public with their concerns. Their hope was that they could find more voices willing to express disagreement with the policy that is breaking up families and making their community less safe.
•When they were collecting signatures, they heard shock to find out that members of the community were being turned over to ICE, and they wanted to sign as a way to express their outrage
•As of tonight they have 1,185 signatures on their petitions.
•She is disgusted that anyone would try to tarnish the name of Frankie Madrid, she would hope to be half of the person he was
•This should not be an issue of legality; what side of history do they want to stand on?
•Can speak to the real fear of students being concerned. Thanked the support received from everyone. Here to explain a little what it is to be an undocumented, Hispanic in Flagstaff. First and foremost, they risk their lives to come to this country to seek the American dream. But when they arrive, they find out that to be there is just to survive. They have to give thanks to someone who steals their salary only to give us the favor of a job.
•They have to give thanks to someone that is going to rent a place to us and they may not live there very long, such as Arrowhead.
•There are three things happening: 1) robbing of salary; 2) not able to find a place to live; and 3) constant fear of police.
Moved by Councilmember Eva Putzova, seconded by Councilmember Jim McCarthy to read Resolution No. 2018-23 by title only.
Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to recess into Executive Session.
Vote: 6 - 1
- NAY:
-
Councilmember Eva Putzova
Councilmember McCarthy said that certain people made comments that he tried to make this his resolution and he takes issue with that. The reason he got involved was to make it work. He could not support the original resolution. He was trying to get to a resolution that the entire Council could support. This is a small move in the right direction.
Councilmember Putzova asked if the City could set up a separate processing center where Police would bring people that are detailed, some place other than the jail. Mr. Solomon noted that the City is within the Jail District and that would be prohibited.
Councilmember Putzova said that all throughout history in this country there have been laws that were unjust. They have been changed. If people had waited for a judge to rule she, perhaps, would not be sitting here.
Councilmember Barotz said that she has given this issue a lot of thought and her analysis is based on her own research. She does think that the laws matter; she does not want them to dismiss the legal part of this. She has read the Plaintiff’s original complaint and the response. She has reached out to people on both sides. After all of her research, the question of constitutionality of the ICE hold is what the court is going to decide. She does believe that when the Council does things does matter.
She said that if the final decision is that the policy is not constitutional, she hopes that the Sheriff will change. Once the law is clear, if they do not like what the court says, the Council can weigh in through the normal legislative process. She has supported many resolutions, and some would argue too many. Personally, as a member of the legislative body, she does not think they should be weighin in right now, in the middle of litigation.
She has supported many resolutions and some would argue too many. Personally a member as the legislative body do not think we should weigh in right now. In the middle of a litigation.
Councilmember Odegaard said that he has been wrestling with this issue. He said that he initially supported more discussion. He always believes that good relationships and partnerships are built on good policy. They have not heard from the other side, and now they find out that the other side is being sued and will not speak on the issue.
He said that he wonders why they are here at this point. He knows Sheriff Driscoll and Bill Ring; they are good men. They are blessed to have them in the community and representing them. He said that if they are pushing back, for whatever reason, he would believe that it is because it may be morally wrong, but legally required.
He said that this nonbinding resolution will not help anyone. It breaks his heart, the process, that they want the Council to tell the Sheriff what he can and cannot do. He did not think this was the right process. The resolution is not the right way to do it.
Councilmember Putzova thanked Councilmember McCarthy for spending so much time wordsmithing the resolution. What she especially liked about this version was the first two enactments speak to what they desire to be. Regardless of the coutcome of the court case, they are taking a stance and telling their partners what they hope the law will be maybe one day.
Vice Mayor Whelan thanked everyone for being at the meeting. She said that several months ago she sat down with Councilmember Putzova and Mayor Evans with Sheriff Driscoll and Bill Ring. At that time, through the urging of some of the citizens asking if something could be done, she left the meeting hopeful, because she had two individuals—a county attorney and a sheriff—who felt so strongly about doing the right and just thing. She really felt as though something was going to change. They have gone full circle and nothing has changed.
She said that they also asked if there would be a way to participate in the ICE detailers that were not signed by a judge because at many levels in state and across the nation they were being challenged. She, like the others, had the opportunity to serve and teach at Killip and she saw the tears and terror in the children, in the parents.
She said that only two years ago she and her wife were given the right to be married in this state. In the history of things, she says “thank you” for pushing us to a place that is uncomfortable, to a place that legality does not matter, but justice does.
She’s extremely clear that in order to protect the well being of our citizens we must be able to create and support resolutions that do just that. She’d like to see it move forward. Would like to thank Councilmember McCarthy for taking the time and care to put words to it.
Written comments in support of the resolution were also received from:
•David McKell
•Jason Harvey
•Nicole Charles
•Katie Preston
•Ari Burford
•Jean Myers
•Cathy Small
•Mara Pfeffer
Vote: 4 - 3
- NAY:
-
Councilmember Celia Barotz
Councilmember Scott Overton
Councilmember Charlie Odegaard
Moved by Councilmember Jim McCarthy, seconded by Councilmember Eva Putzova to adopt Resolution No. 2018-23.
Vote: 4 - 3
- NAY:
-
Councilmember Celia Barotz
Councilmember Scott Overton
Councilmember Charlie Odegaard
TRANSPORTATION IMPACT ANALYSIS PURPOSE
Level of Service – (LOS) as defined in the Highway Capacity Manual (HCM)
ELEMENTS OF TIA WORKPLAN
Community Development Director Mark Landsiedel said that the issue they run into is the idea that people get a sewer line for free and then all of a sudden they get to the one that breaks the system and they ask them for assistance. That is the system that the City has used. The other system widely available are the Development Impact Fees. In his tenure he has talked about it three times. They are difficult discussions, but they could go down that path again.
Councilmember Barotz said that she and Councilmember McCarthy sit on the FMPO board and they took a big step with the Board unanimously approving the restated IGA with the County which will also be coming before the Council, as part of a concerted effort to strengthen the organization.
Councilmember McCarthy thanked Jeff Meilbeck and Councilmember Barotz as they had a subcommittee which did all of the hard work.
Vice Mayor Whelan said that she did attend the Flagstaff Initiative Against Trafficking (FIAT), the team of people and agencies that are working together to bring awareness to the community’s youth through education and training. She said that they were asked if the Council or Mayor would be interested in helping with some PSA’s.
After discussion and upon agreement by two members of the Council, an item will be moved to a regularly-scheduled Council meeting.
Councilmember Odegaard said that he attended the University Heights Block Watch Meeting. He said that University Heights is really concerned about the encroachment of their neighborhood by students. He believes there is something that they can do to help. He thinks that with the NAU Code of Conduct off campus, they could do better. They also have an issue with parking..
He also thanked Councilmember McCarthy for attending the Eagle Scout Ceremony on Sunday with him.
Vice Mayor Whelan thanked everyone that was involved in the University Heights meeting. She said that one take away is that sometimes some of the solution is just being a neighbor.
She said that she and Councilmember Putzova spoke in a panel of amazing women with an organization called Girls Teaching Girls, through Women in Leadership.
She also said that she has been attending the meetings with Arrowhead.
Councilmember Barotz said that the City of Atlanta spent a great deal of money from a ransom ware attack and she appreciate that the Council invested in IT and furthered their defense.
Ms. Goodrich said that the Council has been requested to hold a joint session with the County on June 4. She has only heard back from four of the Councilmembers.
Mayor Evans thanked Councilmember Odegaard for attending the Block Watch Meeting where they had close to 100 attendees. She thanked City staff as well as NAU representatives. She said that it was obvious that they care about the City and because of that showing the Lower Greenlaw neighborhood is requesting a similar type of Block Watch with the Council and staff to talk about their concerns.
Mayor Evans thanked staff and Council for being at the meeting with Arrowhead residents, along with Liz Archuleta and Supervisor Babbott, and Coconino Emergency Services, Front Door and Flagstaff Shelter Services. She said that the City Manager and staff is coordinating a one-stop opportunity where everything will be located.
She also appreciated the translation services made available tonight so they could understand appropriately what was being said.
Mayor Evans asked for an e-session; it is her understanding that the City has the ability to use condemnation for the public good. They have an affordable housing crisis and she would like to better understand the laws of condemnation.
| __________________________________ MAYOR |
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| ATTEST: ___________________________________ CITY CLERK |
CERTIFICATION
DATED this 21st day of August, 2018.
_______________________________
CITY CLERK