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Minutes for City Council Meeting - FINAL

CITY COUNCIL REGULAR MEETING
TUESDAY, MAY 15, 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 meeting of the Flagstaff City Council held May 15, 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 Barotz led the Council and audience in the Pledge of Allegiance and Councilmember Overton 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 Regular Meeting of April 17, 2018.
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard  to approve the minutes of the Regular Meeting of April 17, 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.
Flagstaff Building Official Amy Palmer addressed the Council and thanked them for proclaiming May as Building Safety Month. She said that they had over 1400 projects go through plan review in 2017 and this helped to raise awareness. She said that they were part of a statewide food drive with boxes at City Hall, the Library, Aquaplex and Homeco.
 
John Coster, Northern Arizona Climate Change Alliance, presented an additional 1,000 signatures on petitions, bring their total to 4,000.
 
6.
PROCLAMATIONS AND RECOGNITIONS
 
7.
LIQUOR LICENSE PUBLIC HEARINGS
 
A.
Consideration and Action on Liquor License Application:  Mark Russell, "Oregano's Pizza Bistro", 1061 S. Plaza Way, Suite C, Series 12 (restaurant), New License.
 Mayor Evans opened the Public Hearing. It was noted that this location is just west of the original location. There being no public input the public hearing was closed.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova  to forward a recommendation to the Arizona Department of Liquor Licenses and Control for approval of this application.

Vote: 7 - 0 - Unanimously

 
8.
ROUTINE ITEMS
 
A.
Consideration and Adoption of Resolution No. 2018-25: A resolution of the Flagstaff City Council approving Amendment No. 1 to Joint Project Agreement/Intergovernmental Agreement GRT-17-0006568-T between the State of Arizona and the City of Flagstaff acting on behalf of the Flagstaff Metropolitan Planning Organization (FMPO) regarding work project implementation. (Annual Update of FMPO IGA/JPA)
FMPO Manager Dave Wessel said that this was a routine item that the Council does every year. Last year was a major overhaul with the agreement with the State on how they handle the grant and funding. This adopts the new work program.

Councilmember Odegaard asked how often the FMPO meets and asked if Council could be notified of the meetings. Mr. Wessel said that they meet monthly and knowing that he is coming they will post for a possible quorum.
 

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan  to read Resolution No. 2018-25 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL APPROVING AMENDMENT NO. 1 TO JOINT PROJECT AGREEMENT/INTERGOVERNMENTAL AGREEMENT GRT-17-0006568-T BETWEEN THE STATE OF ARIZONA AND THE CITY OF FLAGSTAFF ACTING ON BEHALF OF THE FLAGSTAFF METROPOLITAN PLANNING ORGANIZATION (FMPO) REGARDING WORK PROGRAM IMPLEMENTATION
 

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan  to adopt Resolution No. 2018-25.

Vote: 7 - 0 - Unanimously

 
B.
Consideration and Approval of Resolution No. 2018-26:  A resolution of the City Council of the City of Flagstaff, Arizona authorizing the execution of the third amendment to the Development Agreement between VP 66 & Woody Mountain, LLC and the City of Flagstaff related to the development of approximately 197.58 acres of real property generally located at 3425 West Route 66 and establishing an effective date. (Third Amendment to the Timber Sky Development Agreement)
Staff recommends approval for this item. If Council decides to authorize execution of the proposed Third Amendment, it will need to take the following procedural steps.
Senior Assistant City Attorney Christina Rubalcava explained that this change had been requested by the City. She said that the Timber Sky project has been delayed longer than anticipated and this change will allow the City to forward with the project. The City was going to reimburse the developer for this part of the project; now they will just reimburse for Phase 2.
 

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy  to adopt Resolution No. 2018-26.

Vote: 14 - 0 - Unanimously

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AUTHORIZING THE EXECUTION OF THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN VP 66 & WOODY MOUNTAIN, LLC AND THE CITY OF FLAGSTAFF RELATED TO THE DEVELOPMENT OF APPROXIMATELY 197.58 ACRES OF REAL PROPERTY GENERALLY LOCATED AT 3425 WEST ROUTE 66 AND ESTABLISHING AN EFFECTIVE DATE
 

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy  to read Resolution No. 2018-26 by title only.

 
C.
Consideration and Approval of Contract:   Approve the construction contract with Central Arizona Civil Construction Company in the amount of $865,420.00 for the West Side Sewer Interceptor, Ph. 1 Improvements.
 Project Manager Randy Groth briefly reviewed the proposed project, noting that it is part of the long range plan to reach the City's sewer capacity for current and future needs.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Jim McCarthy  to approve the construction contract with Central Arizona Civil Construction Company in the amount of $865,420.00 which includes a $72,300 contract allowance and a contracted timeframe of 110 calendar days; approve Change Order Authority to the City Manager in the amount of $79,312.00 (10% of the contract amount, less allowance); and authorize the City Manager to execute the necessary documents.

Vote: 7 - 0 - Unanimously

 
D.
Consideration and Approval of Contract: Legends Entertainment District with the Convention and Visitors Bureau (CVB).
Marketing and Media Relations Manager for the Convention and Visitors Bureau Lori Pappas gave a brief PowerPoint presentation which addressed:
 
HISTORY OF OUR OUT OF HOME BILLBOARD
 
“Cool Zone”
Was located on Jefferson between 3 and 4 St.     
In 2017 they continued the relationship however, they negotiated for a preferred location – 18 x 84‘ billboard facing south toward Chase Field 
 
CURRENT INSTALLATION  
In 2018 they are delivery 13.7 million audited impressions
At the wall they hd 12 million impressions
Opening game for Diamondback toward the end of March they had 100,000 in attendance
 
ROI
13.7 million annual impressions
7 million annual visitors
3 million sports venue attendees
1.1 million theater attendees
66,000 employees within a 1 mile radius
130,000 employees within a two mile radius
9,000 residential population within area of 1.7 square miles
Amount of impressions is absolutely phenomenal. 
 
RESULTS
OCCUPANCY
AD
REVPAR
BBB increases
 
2013   $5.9M
2017   $7.8M

BUDGET
$78K annually, payable FY19 and FY20
This is not an increase
We’ve had great negotiations – 25% discount from current rate card
No increase compared to same program
Legends District will provide $5,500 in a creative refresh
This is in our base budget
 
SOUND BITE
QUESTIONS
 
Councilmember McCarthy said that he finds it ironic that the City does not allow billboards but they are putting it up in another city.
 

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard  to approve the two-year renewal of the Legends Entertainment District advertising contract with the Flagstaff CVB in the amount of $78,000 per year for FY '19 and FY '20.

Vote: 6 - 1

NAY:
Councilmember Jim McCarthy
 
E.
Consideration and Approval of Funding: To install a Peace Pole on Heritage Square
 Community Design and Redevelopment Project Administrator Mark DiLucido said that last week they asked for comments and received some from Councilmember McCarthy. He then reviewed the proposed wording. He said that last week they presented to the Hopi Tribal Council. They were v ery enthusiastic and all were in favor with one abstention.  He said that they did have two suggestions. First was that they be able to provide the Hopi translation; and 2) a request for the rocks to come from Hopi land as they had a tremendous significance for the Tribe.
 
Mayor Evans thanked Mark for accompanying her to the Hopi Tribe and helping with the presentation. They said that it was the first time they have been asked their opinion or permission on something done at Heritage Square. She said that they did make a comment that they wished in the future they could all consider sitting down and having these types of conversations. They thought it would be a better way to go instead of litigation.
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve the placement of the Peace Pole public art display in Heritage Square, to be funded by the City in the amount of $4,665 to pay for the fabrication of a Peace Pole to local sculptor Howie Hearn, and $1,200 for a bronze plaque to Franklin Bronze.

Vote: 7 - 0 - Unanimously

 
F.
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.
 

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Jim McCarthy  to read Ordinance No. 2018-18 by title only for the final 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
 

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Jim McCarthy  to adopt Ordinance No. 2018-18.

Vote: 7 - 0 - Unanimously

 
G.
Consideration and Adoption of Ordinance No. 2018-19:  An ordinance amending the Flagstaff City Code, Chapter 1-14, Personnel System, by amending the Employee Handbook of Regulations relating to Fingerprint Background Checks; providing for penalties, repeal of conflicting ordinances; severability; and establishing an effective date.  
 Human Resources Director gave a brief review of this request noting that it was based on best practices as recommended by the Department of Public Safety.
 

Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan  to read Ordinance No. 2018-19 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 FINGERPRINT BACKGROUND CHECKS; PROVIDING FOR PENALTIES; REPEAL OF CONFLICTING ORDINANCES; SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
 
H.
Consideration and Adoption of Resolution No. 2018-24:  A Resolution of the City Council of the City of Flagstaff, Arizona to request an increase amortization period for the Public Safety Personnel Retirement System for the Police retirement plan.  
Management Services Director Rick Tadder said that this resolution was the result of the budget retreat wherein a discussion was held on funding a 3% merit for sworn police officers. This resolution authorizes the Management Services Director to submit the request to the PSPRS Board to increase it to the 30 years, only to the Police plan. He said that should they approve the resolution and the PSPRS Board agree, the minimum contribution
 
rate would decrease by 12% reducing their minimum contributions by $907,000; however, the City would only be reducing its contribution by $135,000 to help fund the 3% increase. He said that the budget would be presented that way in June to reflect this change.
 

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy  to read Resolution No. 2018-24.

Vote: 7 - 0 - Unanimously

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA TO REQUEST AN INCREASED AMORTIZATION PERIOD FOR THE PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM FOR THE POLICE RETIREMENT PLAN
 

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy  to adopt Resolution No. 2018-24.

Vote: 7 - 0 - Unanimously

 
RECESS

The 4:30 p.m. portion of the Regular Meeting of May 15, 2018, recessed at 5:18 p.m.

6:00 P.M. MEETING
RECONVENE

Mayor Evans called the Regular Meeting of May 15, 2018, back to order at 6:02 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).
 
9.
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.
 
10.
PLEDGE OF ALLEGIANCE
 Councilmember Barotz led the Council and audience in the Pledge of Allegiance.
 
11.
PUBLIC PARTICIPATION
 Veronica Vargas, Cynthia Nelson and Hunter Owens, high school students, addressed the Council in support of raising the age of smoking from 18 to 21.
 
Andy Fernandez, Flagstaff, addressed the lack of transparency in City government.
 
Erin Okeefe, the open spaces events and outreach coordinator introduced herself and invited the Council and community to McMillan Mesa just north of the northern parking lot from 8:00 a.m. to 1:00 p.m. to showcase the unique characteristics of the mesa. She said that there would be a trail run between 9 and 11 with a service project of removing evasive weeds and guided walks. From 11 a.m. to 1:00 p.m. they would have speakers, food, games and live music.
 
12.
CARRY OVER ITEMS FROM THE 4:30 P.M. AGENDA
 
13.
REGULAR AGENDA
 
A.
Discussion/Direction on including bond financing for transportation tax projects for the November 2018 election.
Mr. Tadder gave a PowerPoint presentation on the benefits and disadvantages of bond financing. He said that as they left the Citizens Transportation Tax Commission recommendation they started to think about whether they should be bonding and their research shows what is more advantages.

COUNCIL DISCUSSION AND DIRECTION
 
Pay as you go OR bonding financing
 
Acceleration of projects:
            Lone Tree Bridge (Major Project)
            Congestion Projects (Annual Projects)
  
AGENDA
            Capital projects considerations
            Assumptions
            Major Project
            Annual Projects
            Comparison of Options
            Council Direction
 
CAPITAL PROJECTS CONSIDERATIONS
            Tax revenue growth
            Construction inflation
            Interest earnings
            Timing of project
            Pay as you go
            Bond financing
 
ASSUMPTIONS USED:
            Revenue growth           = 3.0% per year
            Project cost                  = FY 2018 values
            Interest earnings          = 1.0% per year
            Construction inflation   = 4.0% per year
            Rounded to nearest     = $10,000
            Pay as you go              = Level expense with inflation
            Bond financing             = Funding in year 3  (5 years from now)
 
MAJOR PROJECT - $100 Million
 
Project Costs – Today’s Dollar            $100,000,000
Year Put in Service                  20
Construction Inflation Rate    4%
Cost of Construction Inflation $133,340,000
Total Cost of Project               $233,340,000
 
BOND FINANCING
 
Project Costs – Today’s Dollar            $100,000,00
Year Put in Service                  3
Construction Inflation Rate    4%
Cost of construction inflation $21,030,000
Financing Costs                                   $64,660,000
 
Total Cost of Project               $185,690,000
 
Putting those side by side
Difference: $47,650,000
 
Pay as you Go:
 
.366% rate – annual   $7.3M    3% revenue growth   $214M   do recognize that interest earnings is a factor $18.5 million
 
BOND SIDE
 
.316%  $1M less a year    $185,000,000   not much interest earnings
 
Met with CTTC to explain these theories and they said that a visual would help.
  
ANNUAL PROJECTS
Group of projects – will spend equal amount each year
 
Project Costs               $100,000,00
Years put in service     1/20th each year
Construction inflation 4%

COST OF CONSTRUCTION INFLATION $21,030,000
Financing costs                        $63,990,000
 
TOTAL COST OF PROJECT       $185,020,000
 
17.5M to do pay as you go 
 
How do we set a rate?
 
PAY AS YOU GO
            $167,490,000
            0.285%
            $$6.3M in annual revenues
            3.%
            185,720,000 20 year revenue
            No interest earnings
 
Difference       $17,795,000    better with pay as you go
 
SIMILAR
COMPARISON
 
Tax Rates
Interest Earnings
Construction Inflation
Financing Costs
Timing of Projects                                
 
BACK TO DISCUSSION
 
Mr. Tadder said that at this point staff would ask if there is interest on the part of Council to use “pay as you go” or bonding, or perhaps a combination of the two.
 
Councilmember Overton said that he has been a big proponent of bonding and he would suggest that it be the direction they use. He said that they could use the bonding for the large projects and the pay as you go for the annual projects.
 
Vice Mayor Whelan said that she appreciated the presentation and it certainly looked as if the way to go for the major projects was with bonding.
 
After further discussion it was agreed by Council that they wold consider bond financing for the major projects.
 
14.
DISCUSSION ITEMS
 
A.
Discussion: Posting Requirements for Liquor Licenses in Residential Zones
Ms. Burke said that this had been placed on the agenda to receive direction from the Council on the process they would like followed for liquor license applications that are received for properties located in residential areas. She said that they had recently received one such application and they posted the property as they have in the past, but it was agreed by Council that they would like to have the property posted on the edge of the property so it is visible by surrounding neighbors. Staff said that they would move in that direction.
 
15.
COUNCIL LIAISON REPORTS

None
 
16.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
Councilmember Putzova stated that she would be out of town for the next few weeks, but wanted to ask about the comments received from Mr. Lambert in the Continental Country Club regarding the resurfacing.
 
Councilmember Odegaard noted that he believed that had been promised a few years ago without anything happening. He also asked that staff be sure to have enough agendas for the public at meetings.
 
Councilmember Odegaard said that he previously requested a FAIR item for the T21 issue, changing the smoking age from 18 to 21, but wanted to request it again at a public meeting.
 
He said that the Armed Forces Day Parade will be on Saturday at 11:00 a.m. downtown and he encouraged everyone to come out for it. He believed that the City of Flagstaff is the only city in Arizona that has this parade and they have people come from all over Arizona for it.
 
Mayor Evans reported that she would not be present for the Joint City/Council Work Session and Vice Mayor Whelan would be facilitating the meeting. She said that this weekend, Saturday and Sunday, is the annual Fiesta de Mayo. She also noted that last Saturday was the opportunity to participate in Stamp Out Hunger by providing food to the postal workers, 100% of which will stay in Flagstaff.
 
Councilmember Odegaard added that during the past Saturday they received 26,000 pounds of food, compared to 19,000 pounds last year.
         
Councilmember Odegaard said that the T21 issue could be either a FAIR, or perhaps at first a CCR as to the legality of raising the age and examples of other cities that have done that.
 
17.
ADJOURNMENT
 The Regular Meeting of the Flagstaff City Council held May 15, 2018, adjourned at 6:38 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 15, 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