CITY COUNCIL REGULAR MEETING
TUESDAY, JUNE 1, 2021
CITY HALL STAFF CONFERENCE ROOM
211 WEST ASPEN
3:00 P.M.
TUESDAY, JUNE 1, 2021
CITY HALL STAFF CONFERENCE ROOM
211 WEST ASPEN
3:00 P.M.
MINUTES
1.
CALL TO ORDER
Mayor Deasy called the meeting of the Flagstaff City Council held June 1, 2021, to order at 3:01 p.m.
Mayor Deasy called the meeting of the Flagstaff City Council held June 1, 2021, to order at 3:01 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
| 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: |
Others present: City Manager Greg Clifton; City Attorney Sterling Solomon.
3.
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
The Council and audience recited the pledge of allegiance and Councilmember Salas read the Mission Statement of the City of Flagstaff.
The Council and audience recited the pledge of allegiance and Councilmember Salas read the Mission Statement of the City of Flagstaff.
MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
4.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
A.
Consideration and Approval of Minutes: City Council Work Session of January 26, 2021; Regular Meeting of March 16, 2021; Executive Session of March 26, 2021; Executive Session of March 30, 2021; Work Session of March 30, 2021; Executive Session of April 6, 2021; Executive Session of April 13, 2021; Work Session of April 27, 2021; Executive Session of May 4, 2021; and Executive Session of May 11, 2021.
Moved by Mayor Paul Deasy, seconded by Councilmember Jim McCarthy to approve the minutes of the City Council Work Session of January 26, 2021; Regular Meeting of March 16, 2021; Executive Session of March 26, 2021; Executive Session of March 30, 2021; Work Session of March 30, 2021; Executive Session of April 6, 2021; Executive Session of April 13, 2021; Work Session of April 27, 2021; Executive Session of May 4, 2021; and Executive Session of May 11, 2021.
Vote: 7 - 0 - Unanimously
5.
PUBLIC PARTICIPATION
Public Participation enables the public to address the Council about an item that is not on the agenda. Comments relating to items that are on the agenda will be taken at the time that the item is discussed. If you wish to address the Council at tonight's meeting, please complete a comment card and submit it to the recording clerk as soon as possible. Your name will be called when it is your turn to speak. You may address the Council up to three times throughout the meeting, including comments made during Public Participation. Please limit your remarks to three minutes per item to allow everyone an opportunity to speak. At the discretion of the Chair, ten or more persons present at the meeting and wishing to speak may appoint a representative who may have no more than fifteen minutes to speak.
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.
Mayor Deasy called for a moment of silence in respect to the tragic bicycle accident that happened over the weekend.
John Dailey addressed Council asking to make transportation a priority and implement the Alternative Transportation Master Plan.
John Dailey addressed Council asking to make transportation a priority and implement the Alternative Transportation Master Plan.
6.
LIQUOR LICENSE PUBLIC HEARINGS
Mayor Deasy opened the public hearing on both applications.
Police Sergeant Ryan Turley introduced the two applications.
There being no public comment Mayor Deasy closed the public hearing.
Police Sergeant Ryan Turley introduced the two applications.
There being no public comment Mayor Deasy closed the public hearing.
Moved by Mayor Paul Deasy, seconded by Vice Mayor Becky Daggett to forward the applications to the State with a recommendation of approval.
Vote: 7 - 0 - Unanimously
A.
Consideration and Action on Liquor License Application: Jeffrey Craig Miller, "Fry's Fuel Center #104," 1322 E. Route 66, Series 10 (beer and wine store), New License.
B.
Consideration and Action on Liquor License Application: Jacob Theodore Paulk "Cinders Liquors," 5620 N Highway 89, Series 09 (liquor store - all spirituous liquor), Owner Transfer.
7.
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.
Moved by Mayor Paul Deasy, seconded by Councilmember Miranda Sweet to approve the Consent Agenda as presented.
Vote: 7 - 0 - Unanimously
A.
Consideration and Approval of 21/22 Insurance Program Renewal
Accept the renewal premiums submitted by the Arizona Municipal Risk Retention Pool, and the Airport liability, flood and foreign travel carriers in the estimated amount of $1,863,585.
Accept the renewal premiums submitted by the Arizona Municipal Risk Retention Pool, and the Airport liability, flood and foreign travel carriers in the estimated amount of $1,863,585.
B.
Consideration and Approval of Final Plat: Case No. PZ-1800113-03, Canyon Del Rio Investors, LLC requests Final Plat approval for Canyon Del Rio Phase 1 Final Block Plat, a subdivision consisting of 13 blocks, 4 tracts, and rights-of-ways on 262 acres, located at 3200 E Butler Avenue in the R1, Single-Family Residential zone, the MR, Medium-Density Residential zone, the HR, High-Density Residential zone and the HC, Highway Commercial zone.
Approve the final plat and authorize the mayor to sign both the final plat and the City/Subdivider Agreement when notified by staff that all documents are ready for signature and recordation.
Approve the final plat and authorize the mayor to sign both the final plat and the City/Subdivider Agreement when notified by staff that all documents are ready for signature and recordation.
C.
Consideration and Approval of a Contract: The Employee Staffing Agreement with Educational Services, Inc. for the phased retirement program through a Cooperative Purchase Contract with the Mohave Cooperative Services in an annual amount not to exceed $800,000, plus applicable taxes.
- Approve the Employee Staffing Agreement with Educational Services, Inc. ("ESI") for an annual amount not to exceed $800,000, plus applicable taxes; and
- Authorize the City Manager to execute all necessary documents.
D.
Consideration and Approval of Contracts: Temporary Personnel Services with Performance Strategies, Inc., 22nd Century Technologies, Inc., and Compunnel Software Group, Inc.
- Approve the contracts for the following temporary personnel agencies at the hourly rates outlined in the attached contracts:
- Performance Strategies, Inc.
- 22nd Century Technologies, Inc.
- Compunnel Software Group, Inc.
- Authorize the City Manager to execute the necessary documents.
8.
ROUTINE ITEMS
A.
Consideration and Approval of Contract: Reimbursement Agreement with Genterra Enterprises, LLC - Development of 31.45 Acres Adjacent to Flagstaff Pulliam Airport
Business Attraction Manager Jack Fitchett provided a PowerPoint presentation that covered the following.
AIRPORT 31.45 ACRE PARCEL – CONTRACT DISCUSSION
OVERVIEW
BACKGROUND/HISTORY
TIMELINE
CONTRACT NEGOTIATIONS
WHAT’S NEXT?
Councilmember Salas asked who will own the reports and studies. Mr. Fitchett stated that the City will have rights to whatever the studies produce and will maintain access to the data to move forward in another effort should the project not move forward.
Mayor Deasy asked how the reimbursement minimizes the City’s risk. Mr. Fitchett explained that the reason for the reimbursement is to show a good faith effort and commitment to a partnership with Geneterra. If the City should not pursue the project, it covers Geneterra’s work. Mayor Deasy stated his concern about putting the City on the hook and bearing all the risk. Community Investment Director Dave McIntire offered that the developer is worried that if the City walks away from the project, they will have put out a significant amount of funding.
AIRPORT 31.45 ACRE PARCEL – CONTRACT DISCUSSION
OVERVIEW
BACKGROUND/HISTORY
TIMELINE
CONTRACT NEGOTIATIONS
WHAT’S NEXT?
Councilmember Salas asked who will own the reports and studies. Mr. Fitchett stated that the City will have rights to whatever the studies produce and will maintain access to the data to move forward in another effort should the project not move forward.
Mayor Deasy asked how the reimbursement minimizes the City’s risk. Mr. Fitchett explained that the reason for the reimbursement is to show a good faith effort and commitment to a partnership with Geneterra. If the City should not pursue the project, it covers Geneterra’s work. Mayor Deasy stated his concern about putting the City on the hook and bearing all the risk. Community Investment Director Dave McIntire offered that the developer is worried that if the City walks away from the project, they will have put out a significant amount of funding.
Moved by Councilmember Regina Salas, seconded by Councilmember Jim McCarthy to approve the Reimbursement Agreement with Genterra Enterprises, LLC - Development of 31.45 Acres Adjacent to Flagstaff Pulliam Airport.
Vote: 6 - 1
- NAY:
-
Mayor Paul Deasy
B.
Consideration and Approval of Municipal Services Accounts, Miscellaneous Account Receivable, Transaction Privilege Tax and Insufficient Funds Write-offs: Delinquency and Uncollectible Accounts for Fiscal Year 2020-21.
Management Services Director Rick Tadder provided a PowerPoint presentation that covered the following:
WRITE OFFS AND REVENUE SECTION COLLECTIONS PROCESS
ANNUAL WRITE-OFFS
MUNICIPAL SERVICES BILLS
MISCELLANEOUS ACCOUNTS RECEIVABLE
SALES TAX
REVENUE COLLECTION PROCESS
UTILITY AND RENTAL ASSISTANCE
COUNCIL DIRECTION
Mayor Deasy asked how many accounts are pending shut off in a typical year. Customer Service Manager Jessica Huleatt stated that it is a more continuous process with about 20 per week.
WRITE OFFS AND REVENUE SECTION COLLECTIONS PROCESS
ANNUAL WRITE-OFFS
MUNICIPAL SERVICES BILLS
MISCELLANEOUS ACCOUNTS RECEIVABLE
SALES TAX
REVENUE COLLECTION PROCESS
UTILITY AND RENTAL ASSISTANCE
COUNCIL DIRECTION
Mayor Deasy asked how many accounts are pending shut off in a typical year. Customer Service Manager Jessica Huleatt stated that it is a more continuous process with about 20 per week.
Moved by Councilmember Jim McCarthy, seconded by Mayor Paul Deasy to approve the write-off of delinquent and uncollectible Municipal Services accounts, Miscellaneous Account Receivables, Transaction Privilege Tax accounts and Insufficient Funds in the combined amount of $277,468.38.
Vote: 7 - 0 - Unanimously
Councilmember McCarthy stated that he supports the restarting of the disconnect process for customers with no payment arrangement or broken arrangements.
Councilmember Aslan asked if there are assistance programs for people who are facing shut off. Mr. Tadder stated that there is funding and resources at the local and state level for housing and utility assistance. The intention is always to keep the water on and establishing active communication with the customer will allow for the City to make arrangements and connect people to services.
Council was supportive of staff’s recommendation to restart the disconnect process.
Councilmember Aslan asked if there are assistance programs for people who are facing shut off. Mr. Tadder stated that there is funding and resources at the local and state level for housing and utility assistance. The intention is always to keep the water on and establishing active communication with the customer will allow for the City to make arrangements and connect people to services.
Council was supportive of staff’s recommendation to restart the disconnect process.
9.
PUBLIC HEARING ITEMS
A.
Consideration and Adoption of Resolution No. 2021-26 and Ordinance No. 2021-13: A Resolution of the City Council of the City of Flagstaff, Coconino County, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "Case No. PZ-21-00056 Zoning Code Text Amendment - 2021: Marijuana Uses;" and, an Ordinance of the City Council of the City of Flagstaff, Coconino County, Arizona, amending the Flagstaff City Code, Title 10, Flagstaff Zoning Code, to modify the existing Zoning Code provisions to accommodate medical and recreational marijuana and the associated land uses.
Mayor Deasy opened the public hearing.
Zoning Code Manager Dan Symer provided a PowerPoint presentation that covered the following:
UPDATES TO ZONING CODE 2021 – RECREATIONAL MARIJUANA
MARIJUANA USES ZONING CODE TEXT AMENDMENT
CITY’S PROPOSED ZONING CODE TEXT AMENDMENT
ZONING CODE AMENDMENT FINDINGS
Mayor Deasy stated that the law requires at least a 500 feet distance from a school or treatment center, he asked if this would be an issue for an incoming school or treatment center. Mr. Symer stated that if one of the protected uses moves into the 500 foot boundary it would not affect the existing dispensary nor would it affect the incoming facility. The dispensary would become a legal non-conforming facility in accordance with the code.
There being no public comment Mayor Deasy closed the public hearing.
Zoning Code Manager Dan Symer provided a PowerPoint presentation that covered the following:
UPDATES TO ZONING CODE 2021 – RECREATIONAL MARIJUANA
MARIJUANA USES ZONING CODE TEXT AMENDMENT
CITY’S PROPOSED ZONING CODE TEXT AMENDMENT
ZONING CODE AMENDMENT FINDINGS
Mayor Deasy stated that the law requires at least a 500 feet distance from a school or treatment center, he asked if this would be an issue for an incoming school or treatment center. Mr. Symer stated that if one of the protected uses moves into the 500 foot boundary it would not affect the existing dispensary nor would it affect the incoming facility. The dispensary would become a legal non-conforming facility in accordance with the code.
There being no public comment Mayor Deasy closed the public hearing.
Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Becky Daggett to read Resolution No. 2021-26 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED “CASE NO. PZ-21-00056 ZONING CODE TEXT AMENDMENT - 2021: MARIJUANA USES”
Moved by Councilmember Jim McCarthy, seconded by Mayor Paul Deasy to read Ordinance No. 2021-13 by title only for the first time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF CITY CODE, TITLE 10, FLAGSTAFF ZONING CODE, BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED “CASE NO. PZ-21-00056 ZONING CODE TEXT AMENDMENT - 2021: MARIJUANA USES”; PROVIDING FOR PENALTIES, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
10.
REGULAR AGENDA
A.
Consideration and Adoption of Resolution No. 2021-30: A resolution approving the City of Flagstaff's 2021/2022 Annual Action Plan and authorizing its submission to the U.S. Department of Housing and Urban Development (HUD).
Housing and Grants Administrator Kristine Pavlick addressed Council explaining the notice from HUD that the City’s entitlement award was increased. Staff is recommending that the funding be applied by equal percentages between the two housing activities approved by Council on June 4, 2021.
Moved by Councilmember Regina Salas, seconded by Vice Mayor Becky Daggett to read Resolution No. 2021-30 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL APPROVING THE CITY OF FLAGSTAFF 2021/2022 ANNUAL ACTION PLAN AND AUTHORIZING ITS SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Moved by Councilmember Regina Salas, seconded by Councilmember Miranda Sweet to adopt Resolution No. 2021-30.
Vote: 7 - 0 - Unanimously
B.
Consideration and Adoption of Resolution No. 2021-21: A resolution of the Flagstaff City Council, designating its Chief Fiscal Officer for officially submitting the fiscal year 2022 expenditure limitation report to the Arizona Auditor General, and establishing an effective date.
Mr. Tadder addressed Council stating that the resolution is an administrative process that must be done on an annual basis as required by the State.
Moved by Mayor Paul Deasy, seconded by Councilmember Miranda Sweet to read Resolution No. 2021-21 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL, DESIGNATING ITS CHIEF FISCAL OFFICER FOR OFFICIALLY SUBMITTING THE FISCAL YEAR 2022 EXPENDITURE LIMITATION REPORT TO THE ARIZONA AUDITOR GENERAL, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Mayor Paul Deasy, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2021-21.
Vote: 7 - 0 - Unanimously
C.
Consideration and Adoption of Resolution No. 2021-24: A resolution of the Flagstaff City Council adopting the City of Flagstaff Public Safety Personnel Retirement System Pension Funding Policy; delegating authority; and establishing an effective date.
Mr. Tadder addressed Council stating that the resolution is an annual process that must be done on per state statute. Some of the highlights of the policy are that 100% of the plan was funded which is compared to only 40% previously. There is a $14 million in a reserve fund to help with any economic downturns and changes that may occur.
Moved by Mayor Paul Deasy, seconded by Councilmember Austin Aslan to read Resolution No. 2021-24 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL ADOPTING THE CITY OF FLAGSTAFF PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM PENSION FUNDING POLICY; DELEGATING AUTHORITY; AND ESTABLISHING AN EFFECTIVE DATE
Moved by Mayor Paul Deasy, seconded by Councilmember Austin Aslan to adopt Resolution No. 2021-24.
Vote: 7 - 0 - Unanimously
D.
Consideration and Adoption of Resolution No. 2021-27: A resolution of the Council of the City of Flagstaff, Arizona adopting the tentative budget for Fiscal Year 2021-2022.
Mr. Tadder provided a PowerPoint presentation that covered the following:
CITY OF FLAGSTAFF FY 2021-2022 BUDGET
TIMELINE
LEGAL SCHEDULE A
HIGHLIGHTS
CHANGES SINCE APRIL RETREAT
Sustainability Director Nicole Antonopoulos continued the presentation.
FY 2021-2022 NEW CLIMATE ACTION AND ADAPTATION FUNDING REQUESTS
PURPOSE OF CAAP INTEGRATION IN THE BUDGET PROCESS
FY 21-22 PCF CLIMATE ACTION FIELDS
FY 21-22 APPROVED BUDGET REQUESTS
POTENTIAL TO CONTRIBUTE
CLIMATE RELATED APPROVED REQUESTS
EQUITY RELATED APPROVED REQUESTS
UP NEXT
Mr. Tadder concluded the presentation.
ADDITIONAL INFORMATION
Councilmember McCarthy asked if the new compensation arrangements provide more compensation to police and fire personnel. Mr. Tadder stated that the goal of the compensation plan was to better structure the pay plans to address the compression that has been experienced and prevent it in the future. Human Resources Director Jeanie Gallagher added that public safety personnel have been put into a step plan that creates a more competitive structure for public safety.
Councilmember Shimoni asked about the American Rescue Act funding. Mr. Tadder explained that they are still learning a lot about what the Treasury will allow the city to do. The goal is to get information back to Council before the summer break.
CITY OF FLAGSTAFF FY 2021-2022 BUDGET
TIMELINE
LEGAL SCHEDULE A
HIGHLIGHTS
CHANGES SINCE APRIL RETREAT
Sustainability Director Nicole Antonopoulos continued the presentation.
FY 2021-2022 NEW CLIMATE ACTION AND ADAPTATION FUNDING REQUESTS
PURPOSE OF CAAP INTEGRATION IN THE BUDGET PROCESS
FY 21-22 PCF CLIMATE ACTION FIELDS
FY 21-22 APPROVED BUDGET REQUESTS
POTENTIAL TO CONTRIBUTE
CLIMATE RELATED APPROVED REQUESTS
EQUITY RELATED APPROVED REQUESTS
UP NEXT
Mr. Tadder concluded the presentation.
ADDITIONAL INFORMATION
Councilmember McCarthy asked if the new compensation arrangements provide more compensation to police and fire personnel. Mr. Tadder stated that the goal of the compensation plan was to better structure the pay plans to address the compression that has been experienced and prevent it in the future. Human Resources Director Jeanie Gallagher added that public safety personnel have been put into a step plan that creates a more competitive structure for public safety.
Councilmember Shimoni asked about the American Rescue Act funding. Mr. Tadder explained that they are still learning a lot about what the Treasury will allow the city to do. The goal is to get information back to Council before the summer break.
Moved by Mayor Paul Deasy, seconded by Councilmember Miranda Sweet to read Resolution No. 2021-27 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA ADOPTING THE TENTATIVE BUDGET FOR THE FISCAL YEAR 2021-2022
Moved by Mayor Paul Deasy, seconded by Councilmember Miranda Sweet to adopt Resolution No. 2021-27.
Vote: 7 - 0 - Unanimously
A break was held from 4:50 p.m. through 5:06 p.m.
E.
Consideration and Adoption of Ordinance No. 2021-06: An Ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 11 acres of real property generally located at 151 West High Country Trail, APNs 112-05-001W and 112-05-011 from the Estate Residential (ER) zone to the Medium Density Residential (MR) zone with conditions, providing for severability, authority for clerical corrections, and establishing an effective date.
Interim Planning Director Alaxandra Pucciarelli provided a PowerPoint presentation that covered the following:
AURA FLAGSTAFF – DIRECT TO ORDINANCE ZONING MAP AMENDMENT
PROJECT AREA
PROPOSED CHANGES (PER THE DA)
NORTHERN PORTION OF PARCEL (2 ACRES)
PROPOSED DENSITY
RECOMMENDATION
Councilmember Aslan stated that he finds it odd that a land owner is selling land but demanding to maintain control of it. Jason Morris, on behalf of the applicant, stated that it is a unique situation but the uniqueness stems from the parcel being bifurcated by the city many years ago. There is a portion of the parcel that is orphaned but the applicant is purchasing the entire parcel. From a land development standpoint, it is not unlike the purchase of any property where a developer chooses not to develop on a portion.
Mr. Morris provided a brief presentation that covered the following:
AURA FLAGSTAFF
AERIAL MAP
PROJECT TIMELINE
APRIL 2021 CITY COUNCIL
CHALLENGES WITH OPEN SPACE NORTH OF HCT
ALTERNATIVE PUBLIC BENEFIT AREA
COMMUNITY BENEFITS
SUMMARY OF CHANGES
The following individuals addressed Council in opposition to the rezone:
Councilmember Aslan stated that he will likely not support the rezone. He feels that the developer is taking advantage of a legal loophole. The parcel is good for infill development and is appropriate for medium density but the proposal before them is not that; it is a high-density project. The proper way to do this is through a Regional Plan amendment.
Vice Mayor Daggett stated that she is not opposed to the use of the building on an apartment complex and she is not opposed to the density. She is supportive of clustered development, but open space needs to be available and this is her challenge with the proposal. Lowering the density to what is allowed without the two northern acres would be acceptable or applying for a major plan amendment.
Councilmember Salas stated that there is a strong property right dilemma with the parcel being entangled with two acres of homestead. She expressed disappointment that the proposal from the developer at the last meeting to open 1.45 acres to the public was not going to come to fruition. She stated that if the developer is so inclined to stick to the 160 units then they should disentangle from the homestead and apply for a Regional Plan amendment.
Councilmember Sweet stated that she would like to see housing on the parcel but as it stands, the proposal does not fit. She would like to see a Regional Plan amendment or for the developer to utilize only nine acres for the density calculation.
Mr. Morris stated that there will be no access to the property on the north side of High Country Trail. There is nothing that the applicant is doing that is not in line with the code and it is frustrating that after three years they are hearing to go back to a Regional Plan amendment. The project is not feasible with less than 160 units. There is no alternative for them and they have done everything they can and exceeded many of the city standards; this would be a loss to the developer and the city.
AURA FLAGSTAFF – DIRECT TO ORDINANCE ZONING MAP AMENDMENT
PROJECT AREA
PROPOSED CHANGES (PER THE DA)
NORTHERN PORTION OF PARCEL (2 ACRES)
PROPOSED DENSITY
RECOMMENDATION
Councilmember Aslan stated that he finds it odd that a land owner is selling land but demanding to maintain control of it. Jason Morris, on behalf of the applicant, stated that it is a unique situation but the uniqueness stems from the parcel being bifurcated by the city many years ago. There is a portion of the parcel that is orphaned but the applicant is purchasing the entire parcel. From a land development standpoint, it is not unlike the purchase of any property where a developer chooses not to develop on a portion.
Mr. Morris provided a brief presentation that covered the following:
AURA FLAGSTAFF
AERIAL MAP
PROJECT TIMELINE
APRIL 2021 CITY COUNCIL
CHALLENGES WITH OPEN SPACE NORTH OF HCT
ALTERNATIVE PUBLIC BENEFIT AREA
COMMUNITY BENEFITS
SUMMARY OF CHANGES
The following individuals addressed Council in opposition to the rezone:
- Phil Goldblatt
- Rae Jones
- Nathan Jones
- Sue Borst
- Michele James
- Better parcels are appropriate for this type of development.
- The development is in violation of the Zoning Code.
- Please deny the rezone.
- 20 affordable units should not be the sole component of the Council's decision.
- The developer should not claim the northern land in the density calculations or tree resources.
- If this was the right project for the location it would not have taken this long to seek approval.
- The development is denser than it should be.
- You cannot build your way out of increasing housing prices.
- The density should be decreased because the northern land is not included.
- The moral thing to do is vote no to protect the general welfare of the community.
- People bought homes in Ponderosa Trails with the understanding that the parcel would remain zoned R1.
- It is wrong to accommodate an out of state contractor at the expense of local homeowners.
- This parcel should remain single-family residential.
- The developer is not interested in the damage this will have on the neighborhood.
- Supportive of the affordable goals of the development but the higher density is not in line with the Regional Plan.
- Developer should only use the nine acres or go through a Regional Plan Amendment.
Councilmember Aslan stated that he will likely not support the rezone. He feels that the developer is taking advantage of a legal loophole. The parcel is good for infill development and is appropriate for medium density but the proposal before them is not that; it is a high-density project. The proper way to do this is through a Regional Plan amendment.
Vice Mayor Daggett stated that she is not opposed to the use of the building on an apartment complex and she is not opposed to the density. She is supportive of clustered development, but open space needs to be available and this is her challenge with the proposal. Lowering the density to what is allowed without the two northern acres would be acceptable or applying for a major plan amendment.
Councilmember Salas stated that there is a strong property right dilemma with the parcel being entangled with two acres of homestead. She expressed disappointment that the proposal from the developer at the last meeting to open 1.45 acres to the public was not going to come to fruition. She stated that if the developer is so inclined to stick to the 160 units then they should disentangle from the homestead and apply for a Regional Plan amendment.
Councilmember Sweet stated that she would like to see housing on the parcel but as it stands, the proposal does not fit. She would like to see a Regional Plan amendment or for the developer to utilize only nine acres for the density calculation.
Mr. Morris stated that there will be no access to the property on the north side of High Country Trail. There is nothing that the applicant is doing that is not in line with the code and it is frustrating that after three years they are hearing to go back to a Regional Plan amendment. The project is not feasible with less than 160 units. There is no alternative for them and they have done everything they can and exceeded many of the city standards; this would be a loss to the developer and the city.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Regina Salas to read Ordinance 2021-06 to amend the zoning map to rezone the subject parcel to Medium Density Residential, with the six conditions listed in the staff report, and with the added requirement that the number of apartments be limited to no more than 137 units. The number of required formally affordable housing units shall be reduced proportionately, while maintaining the 20 percent allocation. The number of automobile parking spaces may be reduced in accordance with city code to reflect the change from 160 to 137 dwelling units.
Mayor Deasy stated that the Planning and Zoning Commission voted to deny the request; it is an unprecedented situation be he does not want it to become the precedent. Councilmember McCarthy stated that what is included in the motion is consistent with the Zoning Code and Regional Plan.
Vote: 6 - 1
- NAY:
-
Mayor Paul Deasy
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF ZONING MAP TO REZONE APPROXIMATELY 11 ACRES OF REAL PROPERTY LOCATED AT 151 WEST HIGH COUNTRY TRAIL, APN 112-05-001W and 112-05-011, FROM THE ESTATE RESIDENTIAL (ER) ZONE TO THE MEDIUM DENSITY RESIDENTIAL (MR) ZONE WITH CONDITIONS; PROVIDING FOR SEVERABILITY; AUTHORITY FOR CLERICAL CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE
11.
DISCUSSION ITEMS
A.
Consideration and Possible Direction: Options for a petition to address intentional noise pollution.
Deputy Police Chief Frank Higgins addressed Council stating that the petition pertains to intentionally loud vehicle noise. There is currently state law that addresses loud vehicle noise. The statute provides the ability to enforce against loud vehicles, but it is very subjective because no decibel level has been defined within the statute. Enforcement would be at the officer’s discretion and ability to articulate why the vehicle is in violation of the statute.
He also stated that a traffic stop for noise would be a low priority for officers because officers are encouraged to focus their traffic enforcement at frequent collision locations while looking for moving violations that contribute to the cause of accidents. Police leadership has asked officers to focus their proactive activity to address life safety issues as opposed to nuisance issues.
Other jurisdictions have enacted ordinances, the trend is that the ordinance addresses all sources of nuisance noise instead of focusing on a single source. The ordinances also have language indicating maximum acceptable noise levels for various activities and locations, including vehicle noise, which can be measured with the appropriate equipment. Another consideration would be who to task with enforcement of a noise ordinance; it can be enforced by personnel in code enforcement or the police department.
Michael Collier and Sarah Buss addressed Council in support of a noise pollution ordinance.
The following comments were received:
Councilmember McCarthy stated that he believes something can be created and he is supportive of an ordinance coming back to Council for consideration.
Council agreed and directed staff to bring a draft ordinance back to Council for consideration.
He also stated that a traffic stop for noise would be a low priority for officers because officers are encouraged to focus their traffic enforcement at frequent collision locations while looking for moving violations that contribute to the cause of accidents. Police leadership has asked officers to focus their proactive activity to address life safety issues as opposed to nuisance issues.
Other jurisdictions have enacted ordinances, the trend is that the ordinance addresses all sources of nuisance noise instead of focusing on a single source. The ordinances also have language indicating maximum acceptable noise levels for various activities and locations, including vehicle noise, which can be measured with the appropriate equipment. Another consideration would be who to task with enforcement of a noise ordinance; it can be enforced by personnel in code enforcement or the police department.
Michael Collier and Sarah Buss addressed Council in support of a noise pollution ordinance.
The following comments were received:
- People have the right to be undisturbed in their homes.
- An ordinance is needed to protect the quality of life in Flagstaff.
- The CDC says noise pollution can cause health issues.
- Noise created intentionally is different than other sources of noise.
- Other agencies have implemented limits.
- It does not need to be as prescriptive as establishing decibel levels; use observation and common sense, when windows are shaking the music is too loud.
Councilmember McCarthy stated that he believes something can be created and he is supportive of an ordinance coming back to Council for consideration.
Council agreed and directed staff to bring a draft ordinance back to Council for consideration.
B.
COVID Update on Library Site Specific Plan and discussion on Jay Lively Ice Arena capacity and vaccine incentives
Deputy City Manager Shannon Anderson provided a PowerPoint presentation that covered the following:
COVID-19 UPDATE
AGENDA
LIBRARY SITE SPECIFIC PLAN
Coconino County Director of Health and Human Services Kim Musselman and Supervisor Patrice Horstman continued the presentation.
VACCINATION INCENTIVES
Management Analyst Sarah Langley continued the presentation.
VACCINATION RELATED LEGISLATION
Council thanked Coconino County for their work on encouraging vaccinations. Council also stated that they would like the City to look for ways that they can also incentivize vaccinations in Flagstaff.
Vice Mayor Shimoni asked if there was any way to speed up the process for opening the Aquaplex. Parks and Recreation Director Rebecca Sayers stated that they feel that the timeline in place is an appropriate way to allow them to evaluate what the needs are. There is a lower demand at the facility in the summer and this will allow more people to move through the facility and distance appropriately.
Councilmember Shimoni asked if there was a way to increase the room limitations for people at the senior center. Ms. Sayers stated that the limits at the senior center are based on physical distancing availability in the room where the event is occurring. They are following CDC recommendations and they will shift from those guidelines as the CDC updates their recommendations.
COVID-19 UPDATE
AGENDA
LIBRARY SITE SPECIFIC PLAN
Coconino County Director of Health and Human Services Kim Musselman and Supervisor Patrice Horstman continued the presentation.
VACCINATION INCENTIVES
Management Analyst Sarah Langley continued the presentation.
VACCINATION RELATED LEGISLATION
Council thanked Coconino County for their work on encouraging vaccinations. Council also stated that they would like the City to look for ways that they can also incentivize vaccinations in Flagstaff.
Vice Mayor Shimoni asked if there was any way to speed up the process for opening the Aquaplex. Parks and Recreation Director Rebecca Sayers stated that they feel that the timeline in place is an appropriate way to allow them to evaluate what the needs are. There is a lower demand at the facility in the summer and this will allow more people to move through the facility and distance appropriately.
Councilmember Shimoni asked if there was a way to increase the room limitations for people at the senior center. Ms. Sayers stated that the limits at the senior center are based on physical distancing availability in the room where the event is occurring. They are following CDC recommendations and they will shift from those guidelines as the CDC updates their recommendations.
12.
COUNCIL LIAISON REPORTS
Councilmember Shimoni reported that he attended a meeting regarding potential flooding on the east side resulting from the Museum Fire. He also attended the Housing Commission meeting where they discussed the housing plan and alternate response.
Councilmember Aslan reported there was a Sustainability Commission meeting that week and that he chaired the Coconino Plateau Watershed Conference. The purpose of the conference was to provide an educational event to look at all the projects engaged in over the last three years. It was a great event. He also reported that MetroPlan is meeting in the morning and there will be a tour of the new city well at Fort Tuthill.
Vice Mayor Daggett took a moment to honor Jo Wheaton who was on the Housing Commission and served on the housing and equity subcommittee. Jo had a huge impact on the community and was a valuable member of the commission.
Councilmember Aslan reported there was a Sustainability Commission meeting that week and that he chaired the Coconino Plateau Watershed Conference. The purpose of the conference was to provide an educational event to look at all the projects engaged in over the last three years. It was a great event. He also reported that MetroPlan is meeting in the morning and there will be a tour of the new city well at Fort Tuthill.
Vice Mayor Daggett took a moment to honor Jo Wheaton who was on the Housing Commission and served on the housing and equity subcommittee. Jo had a huge impact on the community and was a valuable member of the commission.
13.
CITY MANAGER REPORT
A.
City Manager Report
Mr. Clifton briefly reviewed his report.
14.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
Vice Mayor Daggett requested a FAIR item to have a presentation on all of the planned pedestrian and cyclist safety projects that staff is working on. She would like to know where resources are being allocated in terms of pedestrian and cyclist safety.
Councilmember Aslan shared the condolences of Vice Mayor Daggett for Jo Wheaton. He hopes that the event can be a springboard for massive improvements along Butler and throughout Flagstaff. He also requested a FAIR item to discuss the possibility of doing a land acknowledgment at the beginning of Council meetings. He offered the following language as a starting point:
Councilmember McCarthy reported that MetroPlan will be meeting tomorrow and they will be discussing a list of priorities and bike and pedestrian safety is at the top of the list. He also expressed his sadness about the accident.
Councilmember Salas stated that the community is grieving with the family and friends of Joanna Wheaton and those injured in the accident. While grieving, it is refreshing to see the community come together in the middle of a tragedy. She also recognized the fatal accident that occurred the prior week. She expressed an interest in trying to find ways to provide more safety at the policy level.
Councilmember Shimoni expressed his sadness for the tragedy that took the life of Joanna Wheaton and injured many others. He recognized Jo and her involvement and contributions to the community. More needs to be done in terms of safety for cyclists, and he would like to see a review of practices in how the city builds to accommodate community growth and look at areas of concern where collisions occur regularly. Speed limits need to be adjusted, more and better signage is needed, and distracted driver laws need to be addressed more proactively. He requested a FAIR to have a community conversation about pedestrian and bicycle safety.
Councilmember Sweet thanked the Council for their comments. She expressed her own sadness around the event and offered condolences to the friends and family of the victims. She noted that there are multiple fundraisers occurring throughout town to help with medical bills and funeral expenses.
Mayor Deasy stated that the incident is a wakeup call to the community and a call to action for the Council. He believes that staff has heard the will of the Council and hopes that the topic can be brought to Council more expeditiously than through the FAIR process.
He wished everyone happy pride month.
Councilmember Aslan shared the condolences of Vice Mayor Daggett for Jo Wheaton. He hopes that the event can be a springboard for massive improvements along Butler and throughout Flagstaff. He also requested a FAIR item to discuss the possibility of doing a land acknowledgment at the beginning of Council meetings. He offered the following language as a starting point:
The Flagstaff City Council recognizes that this city we consider home sits at the base of the Sacred Peaks, on homelands shepherded by more than twelve Tribal Nations and Indigenous Peoples throughout this region. We honor them, their legacies, their traditions, and their past, current, and future generations who will forever call this place home.
Councilmember McCarthy reported that MetroPlan will be meeting tomorrow and they will be discussing a list of priorities and bike and pedestrian safety is at the top of the list. He also expressed his sadness about the accident.
Councilmember Salas stated that the community is grieving with the family and friends of Joanna Wheaton and those injured in the accident. While grieving, it is refreshing to see the community come together in the middle of a tragedy. She also recognized the fatal accident that occurred the prior week. She expressed an interest in trying to find ways to provide more safety at the policy level.
Councilmember Shimoni expressed his sadness for the tragedy that took the life of Joanna Wheaton and injured many others. He recognized Jo and her involvement and contributions to the community. More needs to be done in terms of safety for cyclists, and he would like to see a review of practices in how the city builds to accommodate community growth and look at areas of concern where collisions occur regularly. Speed limits need to be adjusted, more and better signage is needed, and distracted driver laws need to be addressed more proactively. He requested a FAIR to have a community conversation about pedestrian and bicycle safety.
Councilmember Sweet thanked the Council for their comments. She expressed her own sadness around the event and offered condolences to the friends and family of the victims. She noted that there are multiple fundraisers occurring throughout town to help with medical bills and funeral expenses.
Mayor Deasy stated that the incident is a wakeup call to the community and a call to action for the Council. He believes that staff has heard the will of the Council and hopes that the topic can be brought to Council more expeditiously than through the FAIR process.
He wished everyone happy pride month.
15.
ADJOURNMENT
The Regular Meeting of the Flagstaff City Council held June 1, 2021, adjourned at 7:37 p.m.
The Regular Meeting of the Flagstaff City Council held June 1, 2021, adjourned at 7:37 p.m.
| _______________________________ MAYOR |
|
| 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 June 1, 2021. I further certify that the Meeting was duly called and held and that a quorum was present.
| DATED this 9th day of September, 2021. | |
________________________________ CITY CLERK |