CITY COUNCIL REGULAR MEETING 4:00 P.M. |
|||||||
1. |
CALL TO ORDER
Mayor Nabours called the meeting of February 3, 2015, to order at 4:01 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
Others present: Interim City Manager Jeff Meilbeck; City Attorney Michelle D'Andrea |
||||||||||
3. |
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
The audience and City Council recited the Pledge of Allegiance and Mayor Nabours 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 of its citizens. |
||||||||||
4. | APPROVAL OF MINUTES FROM PREVIOUS MEETINGS | ||||||||||||
A. | Consideration and Approval of Minutes: City Council Work Session of November 25, 2014; Regular Meeting of December 2, 2014; Regular Meeting of December 16, 2014; Regular Meeting of January 6, 2015. | ||||||||||||
Moved by Councilmember Scott Overton, seconded by Councilmember Jeff Oravits to approve the minutes of the City Council Work Session of November 25, 2014; Regular Meeting of December 2, 2014; Regular Meeting of December 16, 2014; Regular Meeting of January 6, 2015. | |||||||||||||
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 (or is listed under Possible Future Agenda Items). 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. |
||||||||||||
Mayor Nabours reported that the City's Finance Department had received the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA). He congratulated the department and gave special thanks to Brandi Suda and Wanda Noffz for their work. | |||||||||||||
6. |
PROCLAMATIONS AND RECOGNITIONS |
||||||||||||
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). None |
||||||||||||
8. | LIQUOR LICENSE PUBLIC HEARINGS | ||||||||||||
A. |
Consideration and Action on Liquor License Application: Lauren Merrett, “Pine Canyon Club", 3000 S. Clubhouse Circle., Series 10 (beer and wine store), New License
|
||||||||||||
Mayor Nabours reviewed the application, noting that the City departments had no issues. He opened the Public Hearing. There being no public input, he closed the Public Hearing. |
|||||||||||||
Moved by Councilmember Jeff Oravits, seconded by Councilmember Karla Brewster to forward the application to the State with a recommendation for approval. | |||||||||||||
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. |
||||||||||||
A. | Consideration and Approval of Contract: Five Points - Clay Avenue Wash Drainage Improvement Project. (Approve contract with JNL Contracting, Inc.) | ||||||||||||
Mayor Nabours asked if the funding referenced in the staff summary was the same as what is listed as a fee on the City's water bill. Mr. McKee replied that it was. Mr. McKee said that this was at the intersection of five points, at Clay Avenue, and will provide a culvert underneath Butler. He said that they will also be improving the drainage easement across property owned by Natural Grocers. Councilmember Oravits asked about any beautification efforts in the drainage easement on Natural Grocers' property. Mr. McKee said that the City's planning department is working with Natural Grocers and this project will be integrating with what their landscape architect is coming up with. This project will be contributing to some re-vegetation efforts. He said that the plans have been vetting through the La Plaza Vieja Neighborhood and the Planning Department to make a nice gateway. |
|||||||||||||
Moved by Councilmember Karla Brewster, seconded by Councilmember Jeff Oravits to approve the construction contract in the amount of $109,883.49 with JNL Contracting, Inc.; [approve change order authority to the City Manager in the amount of $10,988.00 (10% of contract amount); and authorize the City Manager to execute the necessary documents - added to motion after item 10-A]. | |||||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||||
10. | ROUTINE ITEMS | ||||||||||||
A. | Consideration of Appointment of On Call Judges for the Flagstaff Municipal Court. | ||||||||||||
Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to appoint Christine Brown, Paul Christian, John Lamb, Gerald McCafferty, Susan Slasor, and Daniel Tom as on-call magistrate judges for the City of Flagstaff. | |||||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||||
Councilmember Putzova said that in September the Council gave direction to the Flagstaff Municipal Court to seek candidates for on-call judges, to meet the criteria previously set at a meeting in July. The intent was to increase the possibility that they would get a good, fair judge that has the necessary knowledge. She said that the direction given in requiring a law degree excluded one individual from the process who had expressed an interest--current on-call magistrate judge Warren Sanford. She said that Judge Sanford has been employed by the court for the last 15 years and 7 different councils have appointed him over that time. She said that he was hardly an unknown, and she has learned that he was one of two of the longest-serving on-call magistrates and one of two currently serving as on-call magistrates that has been to the Supreme Court Judge Training Program. She said that if he was reappointed by seven different councils and none of his decisions have been overturned, and his evaluations were positive, she asked why they would not consider him. She said that since the City Charter and state law does not preclude them from following any process they want, why could they not appoint those they just reappointed and grandfather in a candidate that was first appointed under other requirements. By doing so the Council would maintain a picture of neutrality. She said that grandfathering is a common practice that the City follows all of the time. |
|||||||||||||
Moved by Councilmember Puzova to reappoint Warren Sanford as an on-call judge for the Flagstaff Municipal Court; motion died for lack of a second. | |||||||||||||
RECESS
The 4:00 p.m. portion of the meeting of February 3, 2015, recessed at 4:17 p.m. 6:00 P.M.
RECONVENE
Mayor Nabours reconvened the meeting of February 3, 2015, at 6:00 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
|
||||||||||||
12. | PUBLIC PARTICIPATION | ||||||||||||
The following individuals addressed Council: John Viktora, Flagstaff, voiced concern with Councilmember Oravits's attendance record while serving on the County's Health Advisory Board. Antonio Chavez, Flagstaff, voiced concern with hearing that the City was considering leasing the Flagstaff Recreation Center to the Boys and Girls Club, and recommended that they evaluate how that change has impacted the surrounding neighborhood at the Cogdill Center. Rudy Preston, Flagstaff, said he was not able to be at the meeting regarding banning the plastic bag, but he wanted to voice his support for such a ban. Adam Shimoni, Flagstaff, said that he also supports the ban on plastic bags, although he is in favor of recycling as well. |
|||||||||||||
13. |
CARRY OVER ITEMS FROM THE 4:00 P.M. AGENDA |
||||||||||||
14. | PUBLIC HEARING ITEMS None |
||||||||||||
15. | REGULAR AGENDA | ||||||||||||
A. | Consideration to re-open discussion on the Principles of Sound Water Management | ||||||||||||
Mayor Nabours said that there were previously three Councilmembers that wanted to bring this issue back and tonight they were looking to whether there was a majority of Council to reconsider or review any particular portion of the Water Policy. The following individuals spoke in favor of reconsidering the Water Management Policy:
The following comments were received:
Additionally, written comments were received from the following individuals in support of revisiting the Water Management Policy:
|
|||||||||||||
Vice Mayor Barotz asked those that had specific sections of the policy they would like to see reviewed to write them down and provide them to the Council. Mayor Nabours asked staff how many contracts they had to sell reclaimed water. Mr. Hill said that they had 38 agreements; 38 customers and 72 sites or locations where the City delivers reclaimed water. He said that there is one outside of the City limits for providing reclaimed water, but they have several for water and wastewater outside of the City limits. Mayor Nabours asked what the process is right now if someone wants to receive reclaimed water. Mr. Hill said that if it is inside the City, it depends. If there is a defined amount through land uses, once they are approved by Council there may be development agreements, zoning cases, etc. they would go to the front counter to customer service. Utilities then makes the evaluation of whether they have sufficient amounts of reclaimed water. Mayor Nabours asked about service outside of the City limits. Mr. Hill said that in the City Code, which has been there for 20-30 years, they would need to petition the Water Commission and then the Water Commission's recommendation would go to the Council. Vice Mayor Barotz said that the reason she supported the petition brought forward requesting review was that she thinks there are some questions that the Council should get answers to and consider whether they want to make any policy changes. That is not the question in front of them tonight. She has read the City Code and the Policy and she would like the opportunity for staff to answer some questions. Those answers may guide them in the deliberation on whether they want to make a policy change. It is not easy to tell what the rules are based on -- the language in the policy or the Code. She submitted the following questions:
Councilmember Putzova added to the questions the following:
She said that there was an article in the paper a few days ago on Williams, 32 miles west of Flagstaff, having issues with their aquifer. She said that she realized that it was a different aquifer but things were happening all around them and they cannot ignore that. The concept of getting the definitions straight is important. She would like to have "stored water" defined and asked what they were doing with it. Councilmember Evans said that they should have a section on future water supplies. There should be more of a casual mention of Red Gap Ranch. Additionally, she would like to know if they could charge those customers outside of the City limits an in-lieu of payment since the City does not get their tax benefits. Councilmember Overton said that he sat through all of the meetings and there was a solid effort of the Council last year when this was adopted. He said that this policy put into writing a lot of what the City had been doing and gave staff direction. He said that he sees this as a master plan or policy. They will not all agree on all of the same steps, but he does not see the necessity of reviewing it at this point. He said that it was based on sound logic and he prefers the broadness; the Council wants to have some latitude. He was comfortable with leaving the policy as is. Councilmember Brewster said that they do value the audience's input, but sometimes they may not have all of the facts. She said that it would be very time consuming to have every agreement come before Council. She said that the whole push to redo the policy is because of Snowbowl, although it does involve other contracts, and golf courses. She said that practically all of their users are part of the City's economy. She said that the alternative is using potable water. The City has a reputation of being a leader in the use of reclaimed water. Many of the other western states' snow-making places are looking at reclaimed water instead of potable. She said that this issue has been vetted. They went through every policy separately. She prefers to give it a chance to work before they start taking it apart. Councilmember Evans said that they should be thanking Snowbowl for this issue being brought forward to the Council's attention. She said that to say it is just about Snowbowl is giving them too much attention. Whatever they change, if anything, impacts the future, not just for Snowbowl. She said that within the first 12 months after approving the Zoning Code, which cost the City $800,000 in consultants, they reviewed and changed it twice. Vice Mayor Barotz said that she is understanding that a majority is not interested in reviewing this, but she asked if they could get the answers to the questions. Councilmember Putzova asked Mr. Hill if, since the document was adopted in April 2014, there had been anything he has seen where it could be changed to protect the City and make it safer. Vice Mayor Barotz asked for a legal opinion on "City." Mayor Nabours said that it was clear that there are some questions, and they are reasonable questions that he did not think would be too difficult to answer. The question before them tonight was whether there was a majority to reopen the Policy, or some specific portions of the policy, or if the majority was to leave it the way it is and possibly at a future date they may have some specific sections. Vice Mayor Barotz said that it was her understanding that this evening was the opprotunty to ask questions. She did not have the information she needs to cite specific information. Councilmember Putzova said that the answers to the questions are very important and the public deserves to hear the answer in public. |
|||||||||||||
Moved by Councilmember Eva Putzova, seconded by Vice Mayor Celia Barotz to postpone to a future date once staff has answered questions posed tonight. | |||||||||||||
Vote: 3 - 4 | |||||||||||||
|
|||||||||||||
Moved by Mayor Jerry Nabours, seconded by Councilmember Scott Overton that no specific direction be given tonight to staff other than answer the questions posed by use of the CCR process. | |||||||||||||
Vote: 4 - 3 | |||||||||||||
|
|||||||||||||
Vice Mayor Barotz asked that part of the answers to the questions include a review to ensure there are no internal conflicts between the Water Policy and the City Code. Mayor Nabours noted that the answers will be provided in a CCR and posted on the website. |
|||||||||||||
B. | Consideration and Approval of Amendments to the Rules of Procedure | ||||||||||||
Ms. D'Andrea said that some time back in December they talked about changes to the Rules of Procedure, mostly involving participation from the public on agenda items. She also had a change to make it comply with law about public disturbances. She said that these are the changes being presented this evening. In referring to the proposed changes, Ms. D'Andrea said that it would no longer give discretion to the Mayor (Chair) of the meeting and would make everything the same with public comment on agenda items as they are for public hearings. Additionally, she said that sometimes there are changes between the first and second read of an ordinance and she would like to know if the Council wanted to permit someone to speak at the second read if they had already spoken at the first read. Council agreed to allow that as it would be easier to monitor and more transparent. Ms. D'Andrea said that the other change had to do with the Acosta case which clarifies that someone may be removed if they are causing a public disturbance. She clarified that the Mayor would still have authority to set the timing and decorum, and that direction could be subject to Council voting to overrule. |
|||||||||||||
Moved by Mayor Jerry Nabours, seconded by Councilmember Eva Putzova to adopt the proposed changes to the Rules of Procedure with the amendment that there be no restriction on public comment at a second read.. | |||||||||||||
Vote: 7 - 0 - Unanimously | |||||||||||||
16. | DISCUSSION ITEMS None |
||||||||||||
17. | POSSIBLE FUTURE AGENDA ITEMS Verbal comments from the public on any item under this section must be given during Public Participation near the beginning of the meeting. Written comments may be submitted to the City Clerk. After discussion and upon agreement of three members of the Council, an item will be moved to a regularly-scheduled Council meeting. |
||||||||||||
A. | Request by Councilmember Evans to place on a future agenda the selection process for selecting members for the Council Interview Teams | ||||||||||||
Councilmember Evans said that she was asking for the City Clerk to do a presentation on how the two members of the Council Interview Team are selected. Councilmember Putzova said that she would like to broaden the discussion on the outreach efforts in finding applicants and composition of the various boards/commissions. Vice Mayor Barotz asked that they also include what the process was before they had the interview teams. There being a consensus of Council wishing to have this presentation, staff was directed to bring something back at a Work Session. |
|||||||||||||
B. | Request by Councilmember Oravits to place on a future agenda discussion of the Sign Code as it relates to car lot balloons and windshield marking | ||||||||||||
Councilmember Oravits said that he has been receiving calls from car dealerships regarding the increased monitoring of balloons.Roger Easetman has been going out into the community to give presentations on the new temporary sign code changes and this issue has been raised. Councilmember Evans clarified that the balloons have not been permitted for a long time. She said that she is not interested in opening up that discussion as there are a lot of Codes they have not been pursuing for lack of staff and/or money. She was not interested; others agreed there was no interest. | |||||||||||||
18. | INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS FOR FUTURE AGENDA ITEMS | ||||||||||||
Councilmember Putzova said that it was awkward when they go into Executive Session starting a public meeting in a room upstairs. She would like to see it structured to where they start the public meeting in the Chambers and then move to recess into Executive Session. Additionally, in December they had a roundtable meeting with Representatives Gosar and Kirkpatrick and in the future she would like to see those published as actual meetings to offer the public an opportunity to attend. Councilmember Evans said that she was interested in getting a profit/loss memo regarding the Dew Downtown event, to include information on staff overtime and/or comp time. Councilmember Evans said that she was again hearing rumors that Walgreens was closing because the City did not let them expand. She would like to get the word out that this was not the case. She asked that if there were official talks taking place regarding the Flagstaff Rec Center she would like to know about them. Councilmember Overton said that they have not had much information about the bus stop facility at the Homeless Shelter on Huntington, and asked if they could get an update on that request. Vice Mayor Barotz requested a CCR on where they were in the process of determining when the next Council elections would be held. Vice Mayor Barotz said that tonight's meeting reinforced the lack of clarity in how items get on the agenda. Mr. Meilbeck reminded Council that he had sent out an e-mail asking them to send any ideas they may have regarding the raising of revenue or decreasing of expenses for the Budget Advance coming up on February 11, 2015. |
|||||||||||||
19. | ADJOURNMENT | ||||||||||||
The Regular Meeting of the Flagstaff City Council held February 3, 2015, adjourned at 7:50 p.m. | |||||||||||||
CERTIFICATION
I, ELIZABETH A. BURKE, 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 February 3, 2015. I further certifty that the Meeting was duly called and held and that a quorum was present.
|