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

Kara Kelty addressed the Council and presented them with the Flagstaff Unified School District 2018 Annual Report. Ms. Kelty spoke regarding Proposition 423 on the upcoming general election ballot.
 
Michael Penca addressed the Council regarding Proposition 423 and stated that if approved, the funding would support facility maintenance, technology, security enhancements, and replacement of sports field for the Flagstaff Unified School District.

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to appoint Chuck Posen to a term expiring October 2021.

Vote: 7 - 0 - Unanimously

Moved by Mayor Coral J. Evans, seconded by Councilmember Scott Overton to appoint Gerald Johnson to a term expiring October 2021.

Vote: 7 - 0 - Unanimously

Moved by Councilmember Scott Overton, seconded by Vice Mayor Jamie Whelan to approve all consent items.

Vote: 7 - 0 - Unanimously

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve the submission of a Grant Application and authorize acceptance upon award for the U.S. Department of Justice, 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) for the amount of $21,353.00.

Vote: 7 - 0

Moved by Councilmember Scott Overton, seconded by Vice Mayor Jamie Whelan to approve the Intergovernmental agreement with Coconino County Sheriff's Office for the 2018 Edward Byrne Memorial Justice Assistance Grant in the amount of $6,406.00 for the County to utilize for the purpose of Law Enforcement Programs.

Vote: 7 - 0

Mr. Solomon provided brief recap of the action stating that the ordinance would move the authority to approve reclaimed water agreements to the City Council from staff. Mr. Solomon indicated that the Water Services policy regarding reclaimed water agreements would also need to be changed.
 
Councilmember Putzova asked why there must be a separate action if an ordinance is law. Mr. Solomon explained that the water policy was adopted through a different process; the first step is the ordinance then the policy can be changed to reflect the ordinance.
 
Vice Mayor Whelan stated that she needs time to review the policy and would like a discussion on the reclaimed water rate structure before making a decision.
 
Councilmember McCarthy agreed but suggested that the discussion happen in a few weeks when the water policy comes back; make this decision now and then get into the policy separately.
 
Councilmember Putzova stated that there is an importance with reclaimed water and discussing reclaimed water agreements in a public setting allows the public to see how those contracts are agreed upon.
 
Mayor Evans stated that the Council has recently been talking about reclaimed water and its value. Council wanted to review all reclaimed water contracts but there was no metric for how those were to be reviewed. Even if the Council reviews the contracts, it does not mean the contracts would not be renewed. She asked what policy Council wants and what Council wants to do with the water.
 
The following individuals addressed Council:

• Todd Gillenwater
• J.R. Murray
• Steve Finch

The following comments were received:

• The change is unnecessary, it leaves a question mark for businesses who are heavily capitalizing and investing in the community.
• The change leaves the contracts at the political whimsy of the City Council.
• If this change is going to be made it needs a lot more work to be fair.
• The motivation behind the change is questionable.
• There is a personal agenda attached to this request.
• The message being sent is that there is no partnership with the community.
• Council should not be bogged down with day to day decisions.
• There have been no issues in the Water Department and no questionable activity.
• The Council should focus on the development of plans for the future.
• Trust staff and let them do their job.

Councilmember Putzova stated that what the City Council does is political and there are not many issues that are more political than water. This issue is about values and the perceived value of water.
 
Mayor Evans agreed but added that the issue is making a change without first deciding the values. The community should have an understanding of what agreements the City is entering into and that is something that could be written into policy. Guidelines need to be established and when those guidelines are discussed the public needs to be there to communicate the values.
 
Councilmember McCarthy stated that the review of the policies will be difficult to accomplish in a short amount of time. The action before the Council does not change policy it just indicates that what is done in the future should be decided by the City Council and not by staff.
 
Vice Mayor Whelan stated that she does not think the timing is right on the ordinance. There are no criteria that Council uses to determine whether or not a contract is renewed. It does not make sense to make policy when the City is still working through the water studies.

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Charlie Odegaard to postpone the action to a later date as determined by the City Manager.

Vote: 6 - 1

NAY:

Councilmember Eva Putzova

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2018-33 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. 2018-33.

Vote: 7 - 0 - Unanimously

Fire Chief Mark Gaillard provided a PowerPoint presentation that covered the following:
 
AN IGA FOR SHARED MANAGEMENT & ADMINISTRATIVE SERVICES
IF YOU WANT TO GO FAST, GO ALONE, IF YOU WANT TO GO FAR, GO TOGETHER
FLAGSTAFF FIRE DEPARTMENT SITUATION STATUS
CRITICAL CHALLENGES
INNOVATION
RECOMMENDATION
TIMELINE
EXPAND THE MANAGEMENT ADMINISTRATIVE CAPABILITY FLAGSTAFF/SUMMIT
REDUCE ADMINISTRATIVE WORK LOAD ON SHIFT BATTALION CHIEFS AND CAPTAINS
FISCAL IMPACT
FEATURES OF THE IGA
RECOMMENDATION

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Resolution No. 2018-46 by title only.

Vote: 7 - 0

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2018-46.

Vote: 7 - 0 - Unanimously

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2018-30 by title only for the final time.

Vote: 5 - 2

NAY:

Councilmember Celia Barotz
Councilmember Eva Putzova

Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan to adopt Ordinance No. 2018-30.

Vote: 6 - 1

NAY:

Councilmember Eva Putzova

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

The following individuals addressed Council regarding immigration concerns:
 

• Madeline Ramirez
• Dulce Bojorquez
• Vicki Blackgoat

The following comments were received:

• Community members should not be detained longer than required.
• Sheriff Discoll continues to cooperate with ICE.
• Several hundred residents are demanding no further cooperation with ICE.
• The Council should pass an ordinance regarding ICE.
• The Council needs to fast track the Keep Families Free and Together Ordinance.
• ICE has come into the community and has destroyed at least four families.
• Why does the Council continue to allow these activities to happen?
• Law enforcement activity in the community should reflect the City’s morals and ethics.
• Forcibly removing children from parents and placing them in traumatized situations is unacceptable.

Andy Fernandez addressed the Council with concerns about freedom of speech and housing costs.

Planning Development Manager Alaxandra Pucciarelli provided a PowerPoint Presentation that covered the following:
 
TAYLOR PRE-ANNEXATION
VICINITY MAP
CONCEPT SITE PAN
CITY WATER SERVICES POLICY
COUNCIL OPTIONS
STAFF RECOMMENDED ACTION
 
Councilmember Odegaard asked Ms. Pucciarelli to explain how pre-annexation works and how it leads to an actual annexation. Ms. Pucciarelli stated that a pre-annexation agreement is an intent to annex as soon as the legal requirements for annexation are met. The legal requirements for annexation are that a property must abut City property for a minimum of 300 linear feet; in this matter the property touches less than 300 feet. If there are other neighboring properties in the area that would like to annex it would increase that threshold to over the 300 feet minimum requirement.

Moved by Councilmember Eva Putzova, seconded by Vice Mayor Jamie Whelan to read Resolution No. 2018-39 by title only.

Moved by Councilmember Jim McCarthy to amend the motion to waive the tap fee but not the capacity fees; failed for lack of a second.

Vote: 6 - 1

NAY:

Councilmember Charlie Odegaard

Moved by Councilmember Eva Putzova, seconded by Vice Mayor Jamie Whelan to adopt Resolution No. 2018-39.

Vote: 7 - 0 - Unanimously

Deputy City Manager Shane Dille addressed Council stating that there are many ways internships happen with the City; sometimes it is staff reaching out, other times it is NAU staff reaching out to the City, and sometimes an internship is formed by the initiative of the student themselves, independent of NAU. Staff at the City and NAU have found that those ways do not always reach the full potential of the student market.
 
The City has a town and gown goal and an objective of establishing an internship program with both Coconino Community College (CCC) and NAU. In response, staff have been working with NAU on an IGA that streamlines the process and allows for better coordination. The mechanism to be used is Handshake, an online portal that allows students to reach out to various organizations regarding internship opportunities. If the IGA is approved the City will be reaching out to CCC with a similar opportunity.
 
Vice Mayor Whelan asked about the opportunity for paid internships. Mr. Dille stated that the manager’s budget did not recommend funding of any paid internships this year but the IGA allows for flexibility to accommodate those opportunities in the future.
 
Councilmember Putzova asked how the IGA would work for interns that are managed by City Council members. Mr. Dille stated that if a Councilmember is working through the City process to acquire an intern, they would have to meet the NAU requirements that allow for the student to get credit.

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to read Resolution No. 2018-41 by title only.

Vote: 7 - 0 - Unanimously

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2018-41.

Vote: 7 - 0

Ms. Goodrich provided a brief overview of the history of Indigenous Peoples’ Day. She stated that there are two versions of the resolution, one from staff and the other from the Indigenous Circle of Flagstaff, both offer an opportunity to adopt, revise, or amend should Council choose. Ms. Goodrich introduced Chris Jocks and Darrell Marks with Indigenous Circle of Flagstaff (ICF) who continued the presentation.
 
Mr. Jocks expressed the support of the ICF and other communities about some of the other items that have come forward recently, he urged the Council to continue working towards resolution of the immigration and water issues. ICF supports the idea and potential of Indigenous Peoples’ Day but there is additional work to be done on the resolution to represent the various communities and to demonstrate that the declaration is something more than just symbolic. He requested that the item be tabled for now to allow the ICF and the City to reconcile the two versions.
 
Mr. Marks stated that the draft resolution before the Council was done with all communities in mind. Indigenous people want to be seen as equal citizens in the community and to be recognized and respected as such. The proposed resolution is reflective of other resolutions that the City has already passed and is the start of conversations that still need to happen. Important relationships had to be built to bring this together and establish a community that includes indigenous people and the City needs to continue the relationship.
 
Councilmember Putzova asked if ICF would be open to meeting with City staff to work through the differences in the proposed resolutions and come to a mutually agreeable resolution, even if it does not result in making everyone happy. Mr. Marks stated that the ICF has demonstrated their commitment and have brought forward meaningful drafts and communications and it is a start point for building from. They are ready and waiting on the City.
 
Vice Mayor Whelan stated that she did not believe that there was a request from ICF for Indigenous Peoples’ Day but that the request came from the City. Mr. Jocks confirmed and stated that it was not a recommendation that came out of the forums.
 
Councilmember Putzova offered that she asked the City Manager to put the item on the agenda given the upcoming day. She reached out to ICF to see if they wanted to draft a resolution to present to the City Council. There was a request in the past from Council to declare Indigenous Peoples’ Day and it was asked at that time for there to first be relationship building with the community. The forums began that process. She had reached out to ICF to see if they were ready to move forward with a declaration by the City.
 
Mr. Jocks stated that indigenous people are not opposed to Indigenous Peoples’ Day and that was an approach that could have been taken three years ago. At that time, it was determined that it was important to build meaningful relationships first so that the declaration of Indigenous Peoples’ Day would be a recognition of progress and what has been accomplished thus far.
 
Mr. Solomon stated that staff drafted the resolution in its current form because the proposed resolution from ICF included several additional actions by the City. The resolution is specific to Indigenous Peoples’ Day so those additional items really should come back separately for Council consideration. The Council can still move forward with those action items just not through the Indigenous Peoples’ Day resolution.
 
Mayor Evans shared that the fear might be that the Council may never come back to address those issues. Ms. Goodrich offered that there is a commitment to advance those concepts in the Strategic Plan. Staff has been working to finalize the job description for an Indigenous Coordinator who will help formulate the implementation of the Plan and they are getting very close to getting that posted for recruitment. There have also been discussions about possibly creating a commission that would be responsible for working on those specific items.
 
Vice Mayor Whelan asked if the ICF will have input on the selection of the Indigenous Coordinator. Ms. Goodrich responded yes, there will be a representative from ICF on the hiring committee.
 
Mayor Evans stated that many of the things in the ICF resolution are things that are included in the Strategic Plan; she asked if the ICF sees these inclusions as affirmations of what is in the Plan. Mr. Jocks indicated that the reason they wanted to include those elements in the resolution is because it is a public pronouncement. The public may not see the Strategic Plan, but they will see the public declaration.
 
Councilmember Putzova stated that it is great to have a committed group for three years working on building relationships and identifying areas of concern in the community. It is a good thing to have a more substantive resolution, she does not see anything wrong with declaring Indigenous Peoples’ Day and including the other items as a recognition of such.
 
The following individuals addressed the Council concerning the Indigenous Peoples’ Day resolution:

• Rose Toehe
• Cora M. Phillips
• Marnie Vail
• Makaius Marks
• Klee Benally
• Andy Fernandez
• Hilary Giovale

The following comments were received:

• It is important to develop solutions and be more compassionate.
• Our DNA is entrenched with the historical trauma our ancestors have carried.
• There is a fear of termination and a fear of being disregarded.
• Please acknowledge us and work with us in a respectable manner so that our younger generation can see that into the future.
• The history of indigenous people is long and deep and filled with inequalities.
• This is an opportunity to change and correct the long history of inequality.
• We have come a long way but there is not much action being put into Indigenous Peoples’ Day to celebrate that day with meaningful intention.
• The ICF does not speak for all indigenous people.
• Maintaining the contract with Snowbowl and failure to take meaningful action on the anti-camping ordinance shows that the City has not earned the right to declare Indigenous Peoples’ Day.
• The struggles of indigenous people should not be negotiated.
• We must come together as people and address and accept each other with dignity and heart.
• I support the resolution presented by the ICF.
• The country is in a state of denial on how this nation came to be.
• This is an opportunity to take honorable action, build stronger relationships and commitments to action that can bring healing.
• Please support the ICF resolution.

Mayor Evans stated that the process started three years ago. There is some disagreement between the two proposed resolutions and she would like to see the Council table the issue so staff can take the Strategic Plan that has been adopted and see how it reflects the proposed ICF resolution. She would also like to include statements that speak to how the process began.

A break was held from 7:40 p.m. through 7:50 p.m.

Moved by Mayor Coral J. Evans, seconded by Councilmember Charlie Odegaard to postpone the item and return it to Council before November 2, 2018.

Councilmember Putzova stated that she is comfortable with postponing the item if staff will work with ICF to create a resolution that is fully supported by the ICF and the City.

Vote: 7 - 0

Ms. Goodrich provided an update on the educational process for the transportation and housing ballot measures. Over 20 presentations have been made to community service groups, educational organizations and the like. The first of five open houses was held earlier in the day at City Hall. There has been a postcard mailer that highlights the transportation items and a similar one for the housing questions will be going out soon. The website, www.flagstaffelections.org has significant information on the various questions.
 
The following individuals addressed Council regarding the public education process:

• Andy Fernandez
• Charlie Silver

The following comments were received:

• The bus system is already profitable, they do not need any more funding.
• Concerned that the material is advocacy and not education.
• The material indicates that actions are dependent on if a particular proposition passes.
• Other groups are putting information out there that may not be accurate.
• There is no guarantee that certain actions will be done if a measure passes.

Current Planning Manager Tiffany Antol provided a PowerPoint presentation that covered the following:
 
TRANSECT PARKING RATIOS
TRANSECT ZONE PARKING REQUIREMENTS
CONVENTIONAL ZONE PARKING REQUIREMENTS
 
Vice Mayor Whelan asked if the numbers are rounded up to which Ms. Antol responded yes. The fractional numbers try to account for the guest parking. The number of units are multiplied by the fractional unit and then rounded up.
 
THE HUB PARKING COMPARISON
 
Councilmember McCarthy asked if there are any rules regarding tandem parking. Ms. Antol explained that the City has pushed back against having tandem parking spaces as it is not preferred in the larger developments. Transect zones are more lenient towards tandem parking. Staff has on their priority list to address parking and work on revisions to help incentivize better parking options.
 
Charlie Silver addressed Council stating that he is supportive of fixing the parking requirements in transect zones. The requirement that vehicles have to be parked beyond the front façade wastes space and encourages more runoff especially on smaller lots.
 
Mayor Evans stated that she does not believe people park the way they are envisioned to and when the parking scenarios play out, they are not what was intended. When there are more people in houses, there are more cars and they find undesirable alternatives. Reviewing the plans, identifying areas for improvement, and looking for better alternatives and incentives to encourage appropriate parking is a move in the right direction.

Councilmember McCarthy stated that he would like a to have a discussion between the City and County regarding the use of water at Ft. Tuthill along with a discussion about the appropriate uses of potable water.
 
Councilmember Barotz stated that she thinks the discussion should be included as a part of the Water Services Strategic Plan. She does not object to the policy discussion, but the discussion should be done from a broader scope as part of the Water Service Master Plan.
 
Councilmember McCarthy indicated that his concern is with the Ft. Tuthill project and if the issue waits until the broader conversation it will be too late to address.
 
Mayor Evans offered that if the issue is simply the Ft Tuthill situation then that should be the FAIR.
 
Councilmember McCarthy agreed and offered that a letter could be drafted by staff to send to Coconino County.
 
Three Councilmembers were in support of moving the item to a future agenda for the discussion of sending a letter to Coconino County regarding snowmaking at Ft. Tuthill.
 
Five Councilmembers were also supportive of moving the item to the front of the discussion queue.

Mayor Evans excused herself from the dais due to a conflict of interest.
 
Councilmember Putzova asked the Council to consider sending a letter to APS regarding their involvement in electoral politics. APS is a monopoly and is so because the City and voters approved a franchise agreement allowing them to operate in the City. She would like to ask them to refrain from the political activities.
 
Three Councilmembers were in support of moving the item forward to a future agenda for discussion.

Mayor Evans returned to the dais.
 
Councilmember Barotz withdrew her request for a FAIR on October 2, 2018 because it is related to water policy and it should be included in the comprehensive water policy.
 
Councilmember Barotz acknowledged Sustainability Specialist McKenzie Jones and thanked her for her contributions to the City and wished her well in her future endeavors.
 
Ms. Goodrich asked if the Council would like to participate in the November Stuff the Bus Campaign. The Council indicated that they would like to participate.
 
Ms. Goodrich reported that HB5895 passed the Senate floor. There will not be time to bring the item to Council and she requested a head nod to send a letter urging support of the bill. The Council indicated their support to sending a letter.
 
Mayor Evans asked for an update on the Domestic Violence Awareness Month requests. Interim Deputy City Manager Kevin Treadway indicated that staff has been working on it and the plan is to light City Hall purple. There will be a proclamation at the Council meeting that night as well.

The Regular Meeting of the Flagstaff City Council held September 18, 2018, adjourned at 8:41 p.m.