TUESDAY, NOVEMBER 19, 2019
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN
4:30 P.M.
Mayor Evans called the meeting of the Flagstaff City Council held November 19, 2019, to order at 4:31 p.m.
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: MAYOR EVANS VICE MAYOR SHIMONI (telephonically) COUNCILMEMBER ASLAN COUNCILMEMBER MCCARTHY COUNCILMEMBER ODEGAARD COUNCILMEMBER SALAS COUNCILMEMBER WHELAN |
ABSENT: |
The Council and audience recited the pledge of allegiance and Mr. Clifton 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.
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.
Police Sergeant Collin Seay provided a brief description of the liquor license application.
There being no public comment, the Mayor closed the public hearing.
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to forward the application to the State with a recommendation of approval.
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 Charlie Odegaard, seconded by Councilmember Jamie Whelan to approve Consent Items 7A, 7B, 7D, 7E, 7F, 7G, 7H
Vote: 7 - 0 - Unanimously
Ratify the Grant Agreement #3-04-0015-043-2019 with the U.S. Department of Transportation, Federal Aviation Administration in the amount of $1,465,664 to acquire Snow Removal Equipment, #1-Multi-Use Plow/Sweeper, #2-Hopper/Spreader, #3-Hopper/Spreader.
- Approve the purchase of one (1) Multi-Task Equipment vehicle from M-B Co Inc in the amount of $757,331.57 and two (2) Material Spreader and Vehicles from Quality Truck and Care Center, Inc in the amount of $686,234.48 with U.S. Department of Transportation, Federal Aviation Administration (FAA) grant funds for a total cost of $1,443,556.05; and
- Authorize the City Manager to execute the necessary documents.
Councilmember Whelan also expressed concerns with the priority level of the project. She stated that there were other more pressing projects that she feels rise to the need of action before this one.
City Engineer Rick Barrett stated that he is working with the City Manager’s Office to develop a more robust council prioritization process for projects. He noted that priorities also vary based on where the funding for the project is coming from.
Vice Mayor Shimoni asked if the bike lanes are being put in adjacent to or separate from vehicle lanes. Mr. Groth explained that it is the standard cross section developed in the Engineering Standards; standard bike lanes on the roadway and there will be a sidewalk on the southside of the road. Vice Mayor Shimoni expressed his desire to better integrate bicycle safety into new roads.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Regina Salas to approve the construction contract with RTR Paving and Resurfacing, LLC in the amount of $1,246,470.00 and a contract duration of 275 calendar days; approve a contract allowance of $62,323.50, which is 5% of the lowest responsive bid; approve Change Order Authority to the City Manager in the amount of $124,647.00 which is 10% of the lowest responsive bid; and authorize the City Manager to execute the necessary documents.
Vote: 7 - 0 - Unanimously
- Approve the equipment purchase for one (1) 2019 Caterpillar 416F2 4ECP Backhoe Loader Standard Equipment from Empire Machinery through a cooperative purchase contract #161534 in the amount of $115,198.00; and
- Authorize the City Manager to execute the necessary documents.
- Approve the Engineering Professional Services Contract to The WLB Group of Flagstaff, Arizona in an amount not to exceed $566,501.00, which includes a $27,000 Contract Allowance (5% of the contract amount excluding the Contract Allowance), with a contract period of 750 calendar days; and
- Authorize the City Manager to execute the necessary documents.
Consideration and Approval of Assignment and Consent to Assignment: of lease to Wiseman Aviation.
- Approve the First Amendment to Airport Lease Agreement
- Approve the Assignment and Consent to Assignment of the Lease to Wiseman Aviation.
Approve the Lease Amendment to extend the Lease through December 31, 2021.
Approve the Lease Amendment to extend the Lease through December 31, 2021.
Consideration and Approval of Sub-Lease: For a portion of the Hopi Building at Heritage Square Between City of Flagstaff (City) and the Flagstaff Metropolitan Planning Organization (FMPO);
Consideration and Approval of Sub-Lease: For a portion of the Hopi Building at Heritage Square Between the City of Flagstaff (City) and the Downtown Business Alliance (DBA).
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve the office lease agreement between the HOPI TRIBE ECONOMIC DEVELOPMENT CORPORATION, a federally chartered corporation, wholly owned by the Hopi Tribe, a federally recognized Indian tribe, 5200 E. Cortland Blvd., Suite E200 (Landlord) and the City of Flagstaff, a municipal corporation (Tenant).
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Jamie Whelan to approve the sub-lease for a portion of the Hopi Building at Heritage Square Between City of Flagstaff (City) and the Flagstaff Metropolitan Planning Organization (FMPO).
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Jamie Whelan to approve the sub-lease for a portion of the Hopi Building at Heritage Square Between the City of Flagstaff (City) and the Downtown Business Alliance (DBA).
Vote: 7 - 0 - Unanimously
The 4:30 p.m. portion of the November 19, 2019, Regular Council Meeting recessed at 5:17 p.m.
6:00 P.M. MEETING
Mayor Evans reconvened the Regular Meeting of November 19, 2019, at 6:01 p.m.
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: MAYOR EVANS VICE MAYOR SHIMONI (telephonically) COUNCILMEMBER ASLAN COUNCILMEMBER MCCARTHY COUNCILMEMBER ODEGAARD COUNCILMEMBER SALAS COUNCILMEMBER WHELAN |
ABSENT: |
The Council and audience recited the pledge of allegiance.
Recreation Director Jon Wilson & Terry Madeksza with the Downtown Business Alliance addressed Council with an invitation to the annual Winter Wonderland and Tree lighting ceremony. They also encouraged participation in the other winter and holiday events downtown.
Monica Foos addressed Council thanking them and staff for their participation in a successful Stuff the Bus food drive.
Mr. Clifton introduced Samantha Stone, the Northern Arizona Outreach Coordinator for Senator McSally.
None
ANIMAL KEEPING CODE REVISIONS
DISCUSSION
AN ITERATIVE PROCESS
4-H CONSIDERATIONS
EXISTING DATA ON ANIMAL KEEPING
OPTIONS FOR CONSIDERATION
PERMITTING
OPTION A – AS CURRENTLY PROPOSED
OPTION B – PROPOSED PERMITTING PROCESS ABOVE WITH REDUCED PERMIT PROCESS
OPTION C –
OPTION D – NO PERMIT
SETBACKS
OPTION A – AS CURRENTLY PROPOSED
OPTION B – REGULATE BY LOT SIZE
OPTION C – INCREASE SETBACKS FOR GOATS
The following individuals addressed Council about the animal keeping ordinance:
- Ben Brown
- Nancy Harrison
- Dennis Harrison
- Kathleen Preston
- Art Babbott
- Jake Bacon
- Susan Huerta
- Katie Farner
- The smell that comes from goat urine is unbearable.
- Would like to see power to enforce, especially when there are multiple complaints.
- There needs to be better definition between an alley and easement.
- Most goats kept in residential areas are not large goats.
- Most people are responsible goat owners who are now caught between two extremes.
- Registration and a permit fee is a reasonable request.
- Should you follow any option other than Option D it would change the setbacks, establish a permitting system, and reduce the number of properties by almost all.
- If you want to stay consistent with other cities and towns you would not implement a permit process.
- The size of the animal must match the size of the property.
- If you want to encourage sustainable farming, healthy foods, and people sustaining themselves it is important to keep this simple.
- If you institute a permitting process and charge fees for this you are making it a hobby for people who have more money and land.
- There is a lot of innovation people can do to keep goats in an urban setting. Too many rules would hamper that innovation.
- Helping people be sustainable and keeping animals in a small area makes more sense.
- Five foot set backs are reasonable for animals such as rabbits and chickens.
- Goats should be allowed in a 20,000 sqft lot.
- Part of the nuisance ordinance should include an enforceable provision that allows for the removal of animals.
- Base the regulations on lot size rather than zoning designation.
- The Council cannot legislate their way out of the situation; the nuisance laws need more refinement to address the issue.
- Address the nuisance and remove the animals when warranted.
- Plenty of people are not causing problems and are keeping animals responsibly; do not penalize them for the few problems.
- The key to all of this is responsible ownership of animals.
Councilmember Odegaard stated that he prefers Option C with a permit but no fee. The permits allow for data gathering and a better way to deal with enforcement. With regard to setbacks, he prefers Option A. With goats, he would like to leave things as they are and see what data is obtained with the permits. He is supportive of including a way to revoke permits as part of the code compliance.
Councilmember Salas stated that she is supportive of individual responsibility, voluntary compliance, and self-regulation especially with animals on private property. I respect private property rights, but those rights can be curtailed when actions impeach on neighbors’ rights. 27 complaints in the last three years does not justify permitting or additional government regulation. It is time to look into existing codes and strengthen enforcement while at the same time encouraging responsible owners to spread the word on how to be responsible owners. She is supportive of Option B for permitting.
Mayor Evans stated that she is supportive of Option C for permitting. She stated that regardless of the outcome, nuisance ordinances need to be strengthened so there is a way to penalize long-term, continuous complaints. If this is pushed off as a code enforcement issue, then a discussion needs to happen about budget and staffing allocation to deal with animal keeping.
Councilmember Whelan stated that she has no interest in permitting or charging a fee until there is data to support a decision.
Vice Mayor Shimoni stated that he supports Option B with no permit at this time. The issues should move forward under nuisance ordinances and he is interested in further budget discussions about resources for code enforcement.
Councilmember Aslan stated his support for Option C with a permit but no fee for large and small livestock except rabbits and chickens. He is also supportive of Option B for setbacks.
Mayor Evans stated that if it is the will of the Council to have a permit system that allows for the removal of animals due to excessive calls and complaints then she is not as concerned about the setbacks or lot size. Councilmember Odegaard indicated that he is supportive of that approach.
Vice Mayor Shimoni stated Option C if it is free and he supports a minimum of 5,000 sqft per goat without setbacks.
Councilmember McCarthy voiced support for Option C for permitting, Option A for setbacks, and leave everything else in existing law.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to adopt Resolution No. 2019-53 with the following amendments:
- Develop a permitting requirement for keeping livestock animals that is free and streamlined.
- The setback requirements for shelters are at least ten feet from the shelter to the property line abutting a residential lot; the setbacks may extend up to the property line if it is abutting an alley and the setback requirements will be at least twenty feet from the shelter to a neighbor dwelling.
- Concerning goats, the number of animals permitted will be in accordance to existing code.
Vote: 4 - 3
- NAY:
-
Councilmember Jamie Whelan
Councilmember Regina Salas
Vice Mayor Adam Shimoni
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2019-36 by title only for the final time.
Vote: 4 - 3
- NAY:
-
Councilmember Jamie Whelan
Councilmember Regina Salas
Vice Mayor Adam Shimoni
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to adopt Ordinance No. 2019-36.
Vote: 4 - 3
- NAY:
-
Councilmember Jamie Whelan
Councilmember Regina Salas
Vice Mayor Adam Shimoni
Mayor Evans reordered the agenda taking Items 14A and 14B next.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to read Resolution No. 2019-55 by title only.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2019-55.
Vote: 7 - 0 - Unanimously
IGA WITH ADOT – INTERSTATE 40 LONE TREE BRIDGES 30% DESIGN
OVERVIEW MAP
IGA DETAILS
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Resolution No. 2019-56 by title only.
Council and staff briefly discussed how the priority of the project was determined.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Austin Aslan to adopt Resolution No. 2019-56.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Regina Salas to read Resolution No. 2019-54 by title only.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Austin Aslan, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2019-54.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Austin Aslan to read Resolution No. 2019-59 by title only and include that all commemorative flags will be displayed by City staff only, and not in conjunction with any third-party ceremonies.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Jamie Whelan to adopt Resolution No. 2019-59.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jamie Whelan, seconded by Councilmember Jim McCarthy to reconsider the vote to adopt Resolution No. 2019-59.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Jamie Whelan to adopt Resolution No. 2019-59 and make it effective immediately.
Vote: 7 - 0 - Unanimously
STRONGER AS ONE COALITION
HISTORY OF THE COALITION
AGE-ADJUSTED SUICIDE RATE 2011-2015 BY COUNTY
SUICIDE IS THE 4TH LEADING CAUSE OF DEATH IN COCONINO COUNTY & 10TH IN THE U.S.
RESIDENCE OF DEATHS BY SUICIDE
AGE GROUPS OF DEATHS BY SUICIDE
THE HUMAN FACTOR
OUR COMMON PURPOSE
OUR VALUES
WORK GROUPS
SUICIDE PREVENTION SIGNAGE
PARTNERSHIP
Councilmember Whelan stated that the group has been meeting with different youth groups in Flagstaff and one of the things she has heard is the need to have a safe space for students. She indicated that she would like to see the city more involved with the program and perhaps provide a type of space they are seeking.
Vice Mayor Shimoni stated that a mentorship program is getting ready to kick off and he would like to see social media have a heavy presence as part of the training and outreach.
Mayor Evans asked about materials and training being offered in different languages. Dr. Peoples stated that the staff from the health district are bilingual and have participated regularly. The mental health first aid training for young adults is offered in Spanish. Mayor Evans encouraged bringing in language partners to broaden the reach and encourage better participation.
Dr. Peoples stated that Flagstaff lacks mental health resources in the community and that is why the Stronger as One Coalition is providing these types of trainings; the bottom line is that it builds resiliency in the community and the more people who have mental health first aid training the more proactive everyone can be.
2020 LEGISLATIVE PRIORITIES
MUNICIPAL PRINCIPLES OVERVIEW
PROPOSED LEGISLATIVE AGENDA
Mayor Evans asked that the issue of the state accepting the matrícula consular card as a valid form of identification be added to the legislative agenda. She would like to have the matter presented to a sub-committee of the League for them to advocate at the legislature.
Council was supportive of the addition.
Councilmember Salas expressed concern about fuel supply and costs for the airport and asked if that could be added to the legislative agenda. Mr. Fitchett explained that the specific issue does not need to be added to the agenda as it is covered under one of the broad categories.
Mr. Fitchett continued the presentation.
SHORT-TERM/VACATION RENTALS
STATE SHARED REVENUES
FOREST HEALTH
STATE HIGHWAY FUNDS
SOCIAL SERVICE PROVIDERS
AQUIFER PROTECTION PERMITS
EMERGENCY RESPONSE
Management Analyst Sarah Langley and Federal Lobbyist Bob Holmes continued the presentation.
2020 FEDERAL PRIORITIES
ECONOMY
RIO DE FLAG FLOOD CONTROL
MUSEUM FIRE RECOVERY
ENVIRONMENT
URANIUM MINING
STRENGTHEN URANIUM TRANSPORT STANDARDS
FLAGSTAFF WATERSHED PROTECTION PROJECT
CARBON FEE AND DIVIDEND LEGISLATION
TRANSFER OF FEDERAL LANDS
SOCIAL JUSTICE
AFFORDABLE HOUSING
IMMIGRATION REFORM
Mayor Evans requested that the Social Justice heading be changed because the term social justice means different things to different people. Council was supportive of a change and asked staff to identify other possible headings.
Ms. Langley continued the presentation.
TRANSPORTATION AND INFRASTRUCTURE
FLAGSTAFF AIRPORT
Councilmember McCarthy asked to add a topic under Transportation and Infrastructure for the protection of long-distance train service. Council was supportive.
GASOLINE TAX
FOURTH STREET PROJECT
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Austin Aslan to continue the meeting in accordance with the City Council Rules of Procedure.
Vote: 6 - 1
- NAY:
-
Vice Mayor Adam Shimoni
None
After discussion and upon agreement by three members of the Council, an item will be moved to a regularly-scheduled Council meeting.
Vice Mayor Shimoni left the meeting at 10:52 p.m.
At least three councilmembers were in support of moving the item to a future agenda.
Councilmember McCarthy stated that he took a tour of the Museum Fire burn area; it was an interesting and worthwhile tour. He also reported that the Housing Commission met for the first time to get to know everyone and to get an introduction into existing government programs. They will be meeting again soon.
The Regular Meeting of the Flagstaff City Council held November 19, 2019, adjourned at 11:08 p.m.
| _______________________________ MAYOR |
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| ATTEST: |
|
_________________________________ CITY CLERK |
CERTIFICATION
I, STACY SALTZBURG, do hereby certify that I am the City Clerk of the City of Flagstaff, County of Coconino, State of Arizona, and that the above Minutes are a true and correct summary of the Meeting of the Council of the City of Flagstaff held on November 19, 2019. I further certify that the Meeting was duly called and held and that a quorum was present.
| DATED this 7th day of September, 2021. | |
________________________________ CITY CLERK |