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Minutes for City Council Meeting - FINAL

 
CITY COUNCIL REGULAR MEETING
TUESDAY, MAY 1, 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 of May 1, 2018, to order at 4:30 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
ABSENT:

NONE






 Others present: City Manager Barbara Goodrich and City Attorney Sterling Solomon.
 
3.
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
Councilmember Odegaard led the Council and audience in the Pledge of Allegiance and Vice Mayor Whelan 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.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
 
A.
Consideration and Approval of Minutes: City Council Special Meeting (Executive Session) of February 26, 2018; March 13, 2018; March 27, 2018; April 10, 2018; and April 25, 2018.
 

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

 
5.
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
 
6.
PROCLAMATIONS AND RECOGNITIONS

None
 
7.
APPOINTMENTS

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).
 
A.
Consideration of Appointments:  Beautification and Public Art Commission.
 

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

 
8.
LIQUOR LICENSE PUBLIC HEARINGS
 
A.
Consideration and Action on Liquor License Application: Rochan Goswami, Mobil Country Club, 3960 N. Country Club Dr., Series 09 (liquor store - all spirituous liquor), Person Transfer.
 Mayor Evans opened the public hearing. There being no public input, the public hearing was closed.
 

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

 
9.
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 Jim McCarthy, seconded by Councilmember Charlie Odegaard  to approve Consent Agenda Items 9-A and 9-B.

Vote: 7 - 0 - Unanimously

 
A.
Consideration and Approval of Cooperative Contract:  Purchase of one Dell SC5020 Storage Device in the amount of $79,333.89 from Dell Marketing LP through State of Arizona Cooperative Contract No. ADSPO15-09839 and Amendment No. ADSPO16-098163.
Approve the purchase of one Dell SC5020 Storage Device ("New Storage Device") in the amount of $79,333.89 from Dell Marketing LP ("Dell") utilizing State of Arizona Cooperative Contract No. ADSPO15-09839 and Amendment No. ADSPO16-098163.
 
B.
Consideration and Approval of Final Plat  Request from Trails End Retreat, LLC for Final Plat approval for Trails End Retreat (fka Trails End Mesa Estates), a 30-unit single-family residential subdivision on 5.51 acres in the R1, Single-Family Residential zone.
Staff recommends the City Council approve the final plat and authorize the Mayor to sign both the final plat and City/Subdivider Agreement when notified by staff that the documents are ready for recordation.
 
10.
ROUTINE ITEMS
 
A.
Consideration of Insurance Premium Renewals: Workers' Compensation, Property and General Liability Policies.
 Risk Manager Director Dean Coughenour gave a PowerPoint presentation which addressed the following:

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

 
B.
Consideration and Approval of Contract:  Flagstaff Watershed Protection Project (FWPP) Supplemental Project Agreement (SPA) 18-PA-11030408-002 with the US Forest Service, Coconino National Forest.
Paul Summerfelt reported on the Flagstaff Watershed Protection Project that the Phase I mechanical work at the base of Mt. Elden had defaulted in late December. It was rebid and was awarded a successful contract. There will be no need to spend any bond funds on that work.
 
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

 
C.
Consideration and Approval of Contract:  Flagstaff Watershed Protection Project (FWPP) Supplemental Project Agreement(SPA) 18-PA-11030408-017, with the U.S. Forest Service, Coconino National Forest.
 

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

 
D.
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)
 

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

 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
 

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan  to adopt Ordinance No. 2018-15.

Vote: 7 - 0 - Unanimously

 
E.
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.
 

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

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 A FINAL OFFICIAL STATEMENT; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS ORDINANCE
 

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan  to adopt Ordinance No. 2018-16.

Vote: 7 - 0 - Unanimously

 
F.
Consideration and Adoption of Resolution No. 2018-11:  A Resolution of the City Council of the City of Flagstaff, Arizona adopting amendments to the City's Procurement Code Manual to incorporate additional language applicable to six (6) Articles within the City's Procurement Code Manual.
Purchasing Director Rick Compau said that this resolution reflects those changes to the City's Procurement Code recently reviewed with the Council, which were:

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, REPEALING RESOLUTION NO. 2015-24, PROCUREMENT CODE MANUAL, AND ADOPTING A NEW PROCUREMENT CODE MANUAL TO ADD PROVISIONS REGARDING THE INFORMAL PROCUREMENT PROCESS; FORMAL PROCUREMENT PROCESS; REQUIREMENTS FOR FEDERAL AWARDS; DETERMINATION OF RESPONSIBILITY; SOLE SOURCE EVIDENCE REQUEST; EMERGENCY PURCHASES; AND ESTABLISHING AN EFFECTIVE DATE
 

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Jim McCarthy  to adopt Resolution No. 2018-11.

Vote: 7 - 0 - Unanimously

 
G.
Consideration and Adoption of Ordinance No. 2018-18:  An ordinance amending the Flagstaff City Code, Chapter 1-14, Personnel System, by amending the Employee Handbook of Regulations relating to General Definitions, Employee Advisory Committee, Vacation Leave,  and On-Call and Call-Out Pay; providing for penalties, repeal of conflicting ordinances; severability; and establishing an effective date.
 Human Resources Director briefly reviewed the proposed changes to the Personnel Handbook.
 
  • 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

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AMENDING THE FLAGSTAFF CITY CODE, CHAPTER 1-14, PERSONNEL SYSTEM, BY AMENDING THE EMPLOYEE HANDBOOK OF REGULATIONS RELATING TO GENERAL DEFINITIONS, EMPLOYEE ADVISORY COMMITTEE, VACATION LEAVE, ON CALL AND CALL-OUT PAY; PROVIDING FOR PENALTIES; REPEAL OF CONFLICTING ORDINANCES; SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
 
H.
Consideration and Approval of Contract:  Approve the construction contract with Johansen Construction, Inc. in the amount of $1,623,371.71 for the Switzer Canyon Transmission Main Phase III Improvement.
 Project Manager Trevor Henry gave a brief review of this project.
 

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

 
RECESS

The 4:30 p.m. portion of the Regular Meeting of May 1, 2018, recessed at 4:20 p.m.
6:00 P.M. MEETING
RECONVENE

Mayor Evans called the Regular Meeting of May 1, 2018, back to order at 6:04 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).
 
11.
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
ABSENT:

NONE






 Others present: City Manager Barbara Goodrich and City Attorney Sterling Solomon.

Councilmember Odegaard led the Council and audience in the Pledge of Allegiance.
 
12.
PUBLIC PARTICIPATION
The following individuals addressed the Council:
 
Gabor Kovacs, Flagstaff, addressed the situation with Red for Ed stating that he had sympathy for teachers up until a few weeks ago.
 
Drew Purcell, Flagstaff, said that he wanted to thank the Council publicly to the Convention and Visitors Bureau, who helped raise over $2,500 for the chocolate walk for Theatrikos. He said that they have invited Theatrikos and others, and invite the Council as well, to join them on Tourism Service Day on May 9 when they will be picking up trash as a way to give back.
 
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
 
13.
CARRY OVER ITEMS FROM THE 4:30 P.M. AGENDA
 
14.
REGULAR AGENDA
 
A.
Discussion/Action: Current Issues Before Arizona Legislature and Federal Issues
City Manager Goodrich stated that Mr. Blaschke had to go home and was not available to give this presentation. She said that if any of the Council had questions, she was glad to write them down and response in an e-mail. No comments received.
 
B.
Possible consideration and adoption of Resolution No. 2018-23:  A resolution of the Mayor and Council commenting on the Coconino County Detention Center Policy in response to Citizen's Petition.
Mayor Evans said that they could discuss some of the changes and allow the speakers to weigh in first.
 
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.

Mr. Solomon said that before they made any motion he would ask that they recess into Executive Session.
 

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan  to recess into Executive Session.

Vote: 6 - 1

NAY:
Councilmember Eva Putzova
The Flagstaff City Council recessed into Executive Session at 7:23 p.m. and returned at 7:31 p.m.

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
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL REGARDING COCONINO COUNTY DETENTION CENTER POLICY
 

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
 
15.
DISCUSSION ITEMS
 
A.
Discussion: Review of the Traffic Impact Policy that allows the traffic rating of a road to degrade as a result of development
Traffic Engineer Jeff Bauman said that this was a FAIR item and he had put together some information about the Traffic Impact Analysis (TIA) and the related questions. He then reviewed a PowerPoint presentation that addressed:
 
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.
 
16.
COUNCIL LIAISON REPORTS
Vice Mayor Whelan said that she was unable to make the NAMWUA meeting, but Councilmember McCarthy took her place. He said that they had discussions about adding other members, and the question was whether private water companies should be included.  He made the suggestion that they be members, but non-voting members.
 
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.
 
17.
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 City Commissions and the manner in which they communicate with, interact with, and seek direction from other City Commissions and Council.
 Vice Mayor Whelan briefly reviewed her request; at least two councilmembers were interested in moving this item to a future agenda.
 
18.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
Councilmember McCarthy said that he went to the Student Climate Change Competition and was impressed with how articulate the 5-6 teams were in presenting. He said that he and City staff were some of the judges.
 
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.
 
19.
ADJOURNMENT
 The Regular Meeting of the Flagstaff City Council held May 1, 2018, adjourned at 8:34 p.m.
 
  __________________________________
MAYOR
ATTEST:


___________________________________
CITY CLERK
 

 
CERTIFICATION
 
I, STACY SALTZBURG, do hereby certify that I am the Acting 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 May 1, 2018. I further certify that the Meeting was duly called and held and that a quorum was present.

DATED this 21st day of August, 2018.     




_______________________________
CITY CLERK