TUESDAY, APRIL 6, 2021
CITY HALL STAFF CONFERENCE ROOM
211 WEST ASPEN
3:00 P.M.
Mayor Deasy called the meeting of the Flagstaff City Council held April 6, 2021, to order at 3:01 p.m.
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: MAYOR DEASY (virtually) VICE MAYOR DAGGETT (virtually) COUNCILMEMBER ASLAN (virtually) COUNCILMEMBER MCCARTHY (virtually) COUNCILMEMBER SALAS (virtually) COUNCILMEMBER SHIMONI (virtually) COUNCILMEMBER SWEET (virtually) |
ABSENT: |
The Council and audience recited the pledge of allegiance and Councilmember Aslan 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.
Moved by Mayor Paul Deasy, seconded by Councilmember Jim McCarthy to approve the minutes of the City Council Regular Meeting of February 2, 2021; Work Session of February 9, 2021; Regular Meeting of March 2, 2021; Executive Session of March 9, 2021; and Executive Session of March 23, 2021 as amended.
Vote: 7 - 0 - Unanimously
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.
Amiee Backas addressed Council to provide information on Arizona Coalition for Military Families Be Connected Program.
The following individuals addressed Council in regards to the Downtown Connection Center:
- Khara House
- Tracye Moore
- Marie Jones
- Michele James
- Sandra Lubarsky
- The Southside Neighborhood Plan includes strong support for civic space.
- The civic space is a community need that should not be delayed.
- Removing the civic space from the Downtown Connection Center plan is a contradiction of what was promised to the Southside in the community plan.
- Please explore alternative parking solutions for downtown but not at the expense of the civic space that has been promised and is desperately needed.
- Urge Council to support retaining the civic space in the final concept design.
- Well planned public space is important to strengthening neighborhoods.
- Ricardo Guthrie
- Gerald Wood
- Nash Tirakul
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).
Moved by Councilmember Adam Shimoni, seconded by Mayor Paul Deasy to appoint Wm. Michael Wilson to a term expiring April 2024.
Vote: 7 - 0 - Unanimously
Police Sergeant Ryan Turley introduced the application.
Amy Nations, on behalf of Hampton Inn & Suites, stated that the Series 7 license was obtained through lottery and will allow the hotel to sell to go within their hotel rooms.
There being no public comment, Mayor Deasy closed the public hearing.
Moved by Councilmember Regina Salas, seconded by Councilmember Adam Shimoni 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 Vice Mayor Becky Daggett, seconded by Mayor Paul Deasy to approve the Consent Agenda as presented.
Vote: 7 - 0 - Unanimously
- Approve award of Job Order Contracting Services Contracts to six contractors representing two discipline areas.
- Horizontal Construction: Combs Construction Company, Inc., Fann Contracting, Inc., J. Banicki Construction, Inc.
- Vertical Construction: FCI Constructors, Inc., Loven Contracting, Inc., Wespac Construction, Inc.
- Authorize the City Manager to execute the necessary documents.
- Approve the Contract with Advanced Chemical Transport Inc., d/b/a ACTenviro, on a time and materials basis for an amount not to exceed $200,000.00; and
- Authorize City Manager to execute the necessary documents.
- Approve the equipment purchase of two 2022 Chevrolet Silverado 1500 4WD Double Cab 147” work trucks from Courtesy Chevrolet through a State of Arizona cooperative purchasing contract #ADSP017-166120 in the amount of $60,161.50; and
- Authorize the City Manager to execute the necessary documents.
- Approve the sole source purchase contract with Mountain States Pipe and Supply, Co. to purchase Itron Encoder Receiver Transmitters (ERTs) and any related parts not to exceed $200,000; and
- Authorize the City Manager to execute the necessary documents.
Police Lieutenant Collin Seay stated that the equipment is needed and would be requested if not funded through the grant. Vice Mayor Daggett asked what the plan is when the equipment needs to be replaced. Police Chief Dan Musselman explained that the vehicles go through the Fleet Committee, but the department has been very successful with grant funding to replace vehicles and much of the specialized equipment.
Moved by Mayor Paul Deasy, seconded by Councilmember Adam Shimoni to approve the New Off-Track Wagering Permit for J&J Equine Enterprises, LLC, dba Arizona Downs.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Mayor Paul Deasy to approve the Cooperative Purchase Contract for NEOGOV Human Resource software package with Governmentjobs.com, Inc., DBA NEOGOV for a fee not to exceed an amount of $236,125 utilizing a cooperative contract through the Pascua Yaqui Tribe Tucson, Arizona and authorize the City Manager to execute the necessary documents.
Vote: 7 - 0 - Unanimously
Councilmember Salas requested that Rule 11.07 be modified to include tribal delegations. Council discussed and agreed to the following language:
At least two members of Council must be in attendance at any meetings with State, Federal, or Tribal representatives where any city, state, federal, or tribal business is discussed. When the City Council participates in state or federal lobbying trips, the Mayor, or Councilmember designee, will accompany two other councilmembers and optionally staff on each trip. The councilmembers chosen to attend will be determined by an established rotation to ensure equal opportunity to participate and represent the City in this capacity. The Council reserves the right to select a councilmember outside the rotation by a three-fourth (super-majority) vote of the Council.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Miranda Sweet to approve the City Council Rules of Procedure dated April 6, 2021 as amended.
Vote: 7 - 0 - Unanimously
SECTION 8 DEPOSIT ASSISTANCE PROGRAM (SDAP)
REMINDER OF HOW VOUCHER PROGRAMS WORK
OVERVIEW OF SDAP
MORE ON THE “WHY”
FUNDING DETAILS
AREA MEDIAN INCOME – AMI
SDAP DETAILS
ELIGIBILITY
PUBLIC COMMENT
REQUESTED ACTION
Councilmember Salas asked how many households will benefit per year. Ms. Darr stated that they estimate 50 to 65 households per year.
Councilmember Salas asked if it would be helpful for additional funds be allocated. Ms. Darr stated that it is possible that it could help but that the fund revolves on such a short time frame that there is a hope to not need additional funding.
Vice Mayor Daggett asked if there is an alternative collection plan rather than preventing a person from participating in the future. Ms. Darr explained that federal regulations dictate that if anyone owes a housing authority money, they are prevented from renting from any other housing authority in the United States until it is paid back. She indicated that there are not many who owe money and because the repayment terms are such a short time frame they believe that non-payment will be a rare occurrence.
Moved by Mayor Paul Deasy, seconded by Councilmember Jim McCarthy to approve Section 8 Security Deposit Assistance Program and authorize staff to make non-substantive administrative amendments as necessary.
Vote: 7 - 0 - Unanimously
Planning Development Manager Alaxandra Pucciarelli provided a PowerPoint presentation that covered the following:
AURA FLAGSTAFF DIRECT TO ORDINANCE ZONING MAP AMENDMENT
AREA CONTEXT MAP
PROJECT AREA
PROPOSED DENSITY
INCENTIVES
AFFORDABLE HOUSING INCENTIVES
RESIDENTIAL SUSTAINABLE BUILDING INCENTIVES
SITE LAYOUT
SITE DESIGN
RESOURCE PROTECTION OVERLAY
COMMON OPEN SPACE & CIVIC SPACE
DEVELOPMENT AGREEMENT
FINDINGS
FINDING #1: CONFORMANCE WITH THE GENERAL PLAN
FINDING #2: COMMUNITY BENEFIT AND PUBLIC GOOD
FINDING #3: SITE IS PHYSICALLY SUITABLE
RECOMMENDATION
Jason Morris, on behalf of the developer continued the presentation.
AURA FLAGSTAFF
PROJECT OVERVIEW
SUMMARY OF CHANGES
ORIGINAL SITE PLAN & NEW SITE PLAN
COMMUNITY BENEFITS
BY THE NUMBERS
SUMMARY
Councilmember Aslan asked about the tree resource protection and if there is a chance that the property owners could open the space north of High Country Trail to the public. Mr. Morris explained that the development is abiding by the requirements of the code with regard to tree resources; the parcel is separated by High Country Trail and most of the resource protection comes from the northern two acres of the parcel. With regard to public access to the northern two acres, the Auza family who abuts the northern part of the parcel, has asked to maintain private access of the area.
Councilmember Aslan expressed concern that the area will be closed to the public even though it is being used to calculate the overall density of the project.
Councilmember Shimoni indicated that there is one charging unit planned for electric vehicles with infrastructure to add two others; he asked why the three could not be all built out. Mr. Morris indicated that the intent was to attempt to meet the current demand and try to prepare for additional demand without having to disturb the overall parking lot in the future.
Councilmember Sweet asked if they would reconsider installing solar after the project is complete. Mr. Morris explained that solar is being installed where and as often as possible. Todd Gossling, with Trinsic Residential, added that solar has been explored but the project does not have a building that lends itself to a large array and therefore it is broken up into eight smaller buildings. Unfortunately, there is not enough south facing roof area to generate enough solar to make it viable. Councilmember Sweet indicated that she would appreciate a continuation of research to bring in more solar to the project.
Councilmember Salas asked if there is a policy in place to discourage short-term rentals within the development. Mr. Morris stated that the lease terms are at least one year and they will not permit short-term or executive rentals.
The following individuals spoke in favor of the rezone:
- Tyler Denham
- Christy Zeller
- Deb Harris
- City staff found that the development is in line with the Regional Plan.
- Denying developments that align with the Regional Plan is not a good idea.
- Businesses will not invest in Flagstaff if decisions are unpredictable and inconsistent.
- This development brings 20 units of subsidized housing and 140 units of desperately needed housing.
- Keep in mind those who are not able to attend and speak in favor of this project.
- The location is couched by other apartment complexes and is appropriate for the area.
- The development is on a vacant infill parcel within walking distance of two bus routes which will help meet Flagstaff's transit goals.
- This is a great location for housing.
- Council has advocated for affordable housing and this will contribute 32 affordable units.
- Do not succumb to the NIMBYism attitude.
- Please approve the rezone.
- The rezone will allow for affordable and workforce housing which is something that is needed in the community.
- Do not relegate people to certain areas based on their income or employment status.
- Nathan Jones
- Rae Jones
- Phil Goldblatt
- A recent survey of the Ponderosa Trails residents showed nearly 90% were in opposition to the development.
- This is not a medium density residential development, it will look like high density right next to single family residential.
- The developer should not be able to claim the two northern acres in their density calculation when no one will have access.
- While this is not direct student housing, it will draw in students and turn into a student housing development.
- Planning and Zoning Commission recommended denial of the rezone.
- No one wants a high-density project in their backyard.
- With the 62% density bonus with housing and sustainability, really puts the feeling of high density.
- There are so many new apartment complexes that are being built. The Uncommon, Milltown, and Trailside; I question the need for an additional apartment complex.
- This development will increase traffic in the area and at the intersection that is already heavily used.
- Please deny the rezone.
- The development is de-facto high density.
- The community character fails to be maintained.
- The development is in violation of the Zoning Code.
Written comments in opposition of the rezone were submitted by:
- Uri and Megan Farkas
- Sean and Sheila Duffy
Councilmember McCarthy expressed concern about the private use of the northern two acres by an adjacent landowner. He stated that there is a real need for more housing, especially one and two bedrooms. He wants a project that is reasonable for the area, and meets the zoning code and the regional plan.
Councilmember Aslan stated that the proposed area is an appropriate space for the development. He expressed appreciation for the project being all electric, the addition of the pickleball courts, the FUTS connection, and affordable units included in the application. He does not believe that changing the zoning to medium residential changes the community character; he is concerned with how the density is being calculated and the resulting feel of high density. He stated that he agrees with the Planning and Zoning Commission recommendation unless the developer agrees to remove the two acres or opens it up to the public.
Councilmember Shimoni noted that the parcel has history with the developer coming before the Council before and after being denied the rezoning at that time they made a strong effort to bring something back that will work. The project will bring in much needed housing. He expressed frustration about the discussions about infill and density when it relates to sustainability but every time a development comes forward it is a struggle to make a decision. He is supportive of the rezone.
Vice Mayor Daggett asked if there was a perspective for why the Planning and Zoning Commission voted to deny the rezone. Ms. Pucciarelli stated that the biggest concern from the Commission seemed to be the perceived density with the inclusion of the bonus units. There was also concern about the restraints of the site with part of it being north of the road.
Councilmember Sweet acknowledged the concerns that are coming from the community. She stated that there is a housing crisis and all types of housing are needed in the community. The project provides housing and it gets the city one step closer to finding homes for community members.
Vice Mayor Daggett also acknowledged that she is hearing the comments from nearby residents but stated that it is also important to remember that the Council represents all residents of Flagstaff, including those who are struggling to find stable housing. Affordable housing needs to be placed throughout the community which is another reason she supports the development.
Mayor Deasy stated that his concern is that the renters will be paying the property taxes on the portion of the parcel to the north without the benefit of being able to access the property.
Councilmember McCarthy stated that he believes that the property north of the street should be split with the northern half preserved for the homestead and the southern half be used for the development. It would be a loss of only six units which is minor. If the homestead wants to maintain full control then it would be a reduction of 22 units.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Austin Aslan to read Ordinance No. 2021-06 by title only for the first time with the following amendment:
A line shall be created thru the two-acre parcel north of the road that is parallel to the northern edge of the parcel. The line shall be located such that the area within the two-acre segment that is north of the line is one acre. The area within the parcel that is north of the line shall become a new parcel and shall remain ER zoning.
A new fence shall be put on the line. The area south of the line shall be unfenced on all sides and shall be available to the apartment residents of the subject project, for passive recreation. It would have legal restrictions like in the current draft development plan, i.e., it would not be developed, trees would remain, etc.
The area south of the line would be in the proposed new parcel, i.e., the apartment parcel to be zoned MR. The apartment parcel would then be approximately 10 acres. The number of units allowed would be as determined by this reduced area and the zoning code rules, including applicable bonuses (approximately 169 times 10/11 = 154). (The project would be reduced by approximately six units.) The reduction with respect to the existing site plan shall be accomplished by reductions of some of the three-story buildings to two-story building. With the exception of this height reduction, the site plan would stay as it is currently presented.
At their discretion, the developer/landowner may move the line farther from the north edge of the parcel, while still maintaining the line parallel to the north edge, and only including land in the two-acre parcel. The line could be moved farther south, up to and including such that it would include the whole two acres. The location of the line would define how much is kept ER for the property to the north, and how much is allocated to the new project. (If it were all kept ER, then the unit count would be approximately 169 times 9/11 = 138, a reduction of 22 approximately units.)
Vice Mayor Daggett asked if the parcel was not separated by the road, would the developer be able to fence off a portion and restrict access. Ms. Pucciarelli stated that there is no requirement in the zoning code that would prohibit a landowner from fencing and limiting access. If the area was included as part of the open space requirements, then it should be accessible, but the two acres are not part of that open space requirement.
Vice Mayor Shimoni asked Mr. Morris to speak to the proposal from Councilmember McCarthy and how it could impact the project. Mr. Morris stated that the existing plan of 140 standard units is at the cusp of being unfeasible so losing any units at this point threatens the viability of the project. The property to the north provides the density to support the multi-family and provide the public benefit of affordable units. It is possible that access could be provided to 1.45 acres as long as the tree resources continue, and the MR zoning be provided. They have to maintain 160 units in order for the project to move forward.
Councilmember Salas asked if short term rentals could be prohibited within the development. Mr. Morris stated that they are committed to that position and can include that provision in the development agreement if desired.
Councilmember Aslan expressed concern that the change in access to the northern property does not address the perceived density.
Councilmember McCarthy withdrew his motion.
Moved by Councilmember Jim McCarthy, seconded by Mayor Paul Deasy to read Ordinance No. 2021-06 by title only for the first time with the following amendment:
A line shall be created thru the two-acre parcel north of the road that is parallel to the northern edge of the parcel. The line shall be located such that the area within the two-acre segment that is south of the line is 1.45 acres. The area within the parcel that is north of the line shall remain ER zoning.
A new fence shall be put on the line. The area south of the line shall be unfenced on all sides and shall be available to the apartment residents of the subject project, for pedestrian-only passive recreation. It would have legal restrictions like in the current draft development plan, i.e., it would not be developed, trees would remain, etc.
The area south of the line would be in the proposed new parcel, i.e., the apartment parcel to be zoned MR. The number of units allowed would be as determined by this reduced area and the zoning code rules, including applicable bonuses. The reduction with respect to the existing site plan, if any, shall be accomplished by reductions of some of the three-story buildings to two-story building. With the exception of this height reduction, the site plan would stay as it is currently presented.
Councilmember Shimoni noted that he is not supportive of the amendment. Mr. Morris stated that he is concerned that he does not want to inadvertently create a situation where they cannot achieve the 160 units.
Councilmember Aslan stated that he would like to see a map presented to show where the lines will be drawn. Mayor Deasy and Councilmember Salas agreed stating that he would like to see the proposal in written form with a corresponding map.
It was suggested that it might be better if things were postponed for two weeks.
Councilmember McCarthy withdrew his motion.
Moved by Councilmember Jim McCarthy, seconded by Mayor Paul Deasy to postpone the first read for 2 weeks from tonight and in the meantime staff will refine the wording provide maps and related information.
Vote: 7 - 0 - Unanimously
Moved by Mayor Paul Deasy, seconded by Councilmember Adam Shimoni to read Ordinance No. 2021-08 by title only for the first time.
Vote: 7 - 0 - Unanimously
Moved by Mayor Paul Deasy, seconded by Councilmember Adam Shimoni to read Resolution No. 2021-13 by title only for the first time.
Vote: 7 - 0 - Unanimously
Moved by Mayor Paul Deasy, seconded by Councilmember Miranda Sweet to read Ordinance No. 2021-07 by title only for the first time.
Vote: 7 - 0 - Unanimously
Moved by Mayor Paul Deasy, seconded by Vice Mayor Becky Daggett to read Ordinance No. 2021-10 by title only for the first time.
Vote: 7 - 0 - Unanimously
Moved by Mayor Paul Deasy, seconded by Councilmember Jim McCarthy to read Resolution No. 2021-14 by title only for the first time.
Vote: 7 - 0 - Unanimously
Moved by Mayor Paul Deasy, seconded by Councilmember Miranda Sweet to read Ordinance No. 2021-09 by title only for the first time.
Vote: 7 - 0 - Unanimously
APS EASEMENT AMENDMENT
VICINITY MAP
EXISTING EASEMENTS
VICINITY MAP
EASEMENT AMENDMENT
APPROXIMATE GATE LOCATION
Counncilmember Aslan thanked staff, leadership, and the Open Space Commission for conducting such a transparent process.
Moved by Councilmember Austin Aslan, seconded by Councilmember Jim McCarthy to read Ordinance No. 2021-11 by title only for the first time.
Vote: 7 - 0 - Unanimously
Councilmember Shimoni stated that there will be a few proposals submitted coming to Council concerning alternative response models. He also reported that there is a Transportation Commission meeting tomorrow and the Indigenous Commission is meeting on Thursday.
Councilmember Aslan reported that Council was involved in a video shoot yesterday for NAU Gives Day and he looks forward to seeing how it turned out. He reported that he is looking forward to the MetroPlan strategic advance meeting tomorrow as well as a couple of upcoming meetings regarding the Rio de Flag.
After discussion and upon agreement by three members of the Council, an item will be moved to a regularly-scheduled Council meeting.
There were at least three members of Council in support of moving the item forward for a future discussion.
There were at least three members of Council in support of moving the item forward for a future discussion.
Mr. Clifton provided a brief recap of his report.
Councilmember McCarthy stated that he would like to have a discussion about the Downtown Connection Center and revisit the conversation about the use of the parking area. Mr. Clifton stated that he will report back to Council on options in a few weeks.
Councilmember Salas reported that it is water conservation month and the city is offering a $10 water bill credit for those who use any of the home water check-up kits during the month of April.
Councilmember Shimoni reported that there are upcoming Rio de Flag meetings. He thanked Economic Vitality Director Heidi Hansen and the film crew at Moonshot for the NAU Gives Day video.
Mayor Deasy stated that it is water conservation month and he is participating in the Mayor’s Water Challenge. He encouraged everyone to sign up at www.mywaterpledge.com and pledge to conserve water this month. He noted that he is also looking forward to the upcoming meetings about the Rio de Flag project. Lastly, he reported that KN95 masks have been distributed widely across the community.
The Regular Meeting of the Flagstaff City Council held April 6, 2021, adjourned at 7:56 p.m.
| _______________________________ MAYOR |
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| ATTEST: |
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_________________________________ 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 April 6, 2021. 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 |