CITY COUNCIL REGULAR MEETING
TUESDAY, SEPTEMBER 20, 2016
COUNCIL CHAMBERS
211 WEST ASPEN
4:00 P.M. AND 6:00 P.M.
TUESDAY, SEPTEMBER 20, 2016
COUNCIL CHAMBERS
211 WEST ASPEN
4:00 P.M. AND 6:00 P.M.
MINUTES
1.
CALL TO ORDER
Mayor Nabours called the Regular Meeting of the Flagstaff City Council held September 20, 2016, to order at 4:01 p.m.
Mayor Nabours called the Regular Meeting of the Flagstaff City Council held September 20, 2016, 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
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: MAYOR NABOURS VICE MAYOR BAROTZ COUNCILMEMBER BREWSTER COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA Others present: City Manager Josh Copley and City Attorney Sterling Solomon |
ABSENT: COUNCILMEMBER EVANS |
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 August 30, 2016; Regular Meeting of September 6, 2016; Special Meeting (Executive Session) of September 6, 2016; and the Special Meeting (Executive Session) of September 13, 2016.
Moved by Councilmember Scott Overton, seconded by Mayor Jerry Nabours to approve the minutes of the City Council Work Session of August 30, 2016; Regular Meeting of September 6, 2016; Special Meeting (Executive Session) of September 6, 2016; and the Special Meeting (Executive Session) of September 13, 2016.
Vote: 5 - 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.
None
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.
None
6.
PROCLAMATIONS AND RECOGNITIONS
None
None
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).
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).
A.
Consideration of Appointments: Open Spaces Commission.
Moved by Councilmember Scott Overton, seconded by Mayor Jerry Nabours to appoint Libby Kalinowski to the Open Spaces Commission with a term expiring April 2017.
Vote: 5 - 0 - Unanimously
8.
LIQUOR LICENSE PUBLIC HEARINGS
Mayor Nabours opened the Public Hearing for all three liquor license applications. He noted that the Police, Sales Tax, and Community Development departments had reviewed the applications and voiced no concerns. There being no public input, Mayor Nabours closed the Public Hearing.
Moved by Councilmember Jeff Oravits, seconded by Mayor Jerry Nabours to forward all three applications to the State with recommendations for approval.
Vote: 5 - 0 - Unanimously
A.
Consideration and Action on Liquor License Application: Lauren Merrett, "Texas Roadhouse", 2201 E. Route 66, Series 12 (restaurant), New License.
B.
Consideration and Action on Liquor License Application: Tina Martinez, "Casa Duarte", 1000 N. Humphreys, Suite 243, Series 12 (restaurant), New License.
C.
Consideration and Action on Liquor License Application: Danny Thomas, “Cork'N Bottle", 824 N. Beaver St., Series 09 (liquor store - all spirituous liquor), Person Transfer.
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.
Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova to approve Consent Items 9-A and 9-B.
Vote: 5 - 0 - Unanimously
Councilmember Brewster arrived at this time (4:07 p.m.)
A.
Consideration and Approval of Contract: Approve the construction contract with JC Cullen, Inc., DBA Niles Radio Communications in the amount of $54,243.75 for the installation of a SCADA Network Tower for the Woody Mountain well field in Coconino National Forest.
1) Approve the construction with JC Cullen, Inc. DBA Niles Radio Communications in the amount of $54,243.75.
2) Approve Change Order Authority to the City Manager in the amount of $5,423.00 (10% of contract amount).
3) Authorize the City Manager to execute the necessary documents.
2) Approve Change Order Authority to the City Manager in the amount of $5,423.00 (10% of contract amount).
3) Authorize the City Manager to execute the necessary documents.
B.
Consideration and Approval of Contract: Increase SWCA, Inc. GIS Services contract 2016-25 in the amount of $5,500.
Approve the contract amendment for $5,500.
10.
ROUTINE ITEMS
A.
Consideration and Adoption of Ordinance No. 2016-31: An ordinance amending Flagstaff City Code Title 2, Boards and Commissions, Chapter 2-12, Transportation Commission, for the purpose of adding oversight provisions regarding the progress and expenditures of the City’s Road Repair and Street Safety Tax Revenues approved by voters in the election of November 2014.
Moved by Councilmember Jeff Oravits, seconded by Mayor Jerry Nabours to read Ordinance No. 2016-31 by title only for the final time.
Vote: 6 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING FLAGSTAFF CITY CODE TITLE 2, BOARDS AND COMMISSIONS, CHAPTER 2-12, TRANSPORTATION COMMISSION, FOR THE PURPOSE OF ADDING OVERSIGHT PROVISIONS REGARDING THE PROGRESS AND EXPENDITURES OF THE CITY’S ROAD REPAIR AND STREET SAFETY TAX REVENUES APPROVED BY VOTERS IN THE ELECTION OF NOVEMBER 2014, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Mayor Jerry Nabours, seconded by Councilmember Scott Overton to adopt Ordinance No. 2016-31.
Vote: 6 - 0 - Unanimously
B.
Consideration and Adoption of Ordinance No. 2016-33: An ordinance of the Mayor and Council of the City of Flagstaff, Coconino County, Arizona, amending qualifications for members who serve on the Heritage Preservation Commission, by amending Title II, Boards and Commissions, Chapter 2-19, Heritage Preservation Commission; providing for severability, repeal of conflicting ordinances, and establishing an effective date.
Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova to read Ordinance No. 2016-33 by title only for the final time.
Vote: 6 - 0 - Unanimously
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF FLAGSTAFF, COCONINO COUNTY, ARIZONA, AMENDING QUALIFICATIONS FOR MEMBERS WHO SERVE ON THE HERITAGE PRESERVATION COMMISSION, BY AMENDING TITLE II, BOARDS AND COMMISSIONS, CHAPTER 2-19, HERITAGE PRESERVATION COMMISSION; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Mayor Jerry Nabours, seconded by Councilmember Eva Putzova to adopt Ordinance No. 2016-33.
Vote: 6 - 0 - Unanimously
C.
Consideration and Adoption of Ordinance No. 2016-35: An ordinance of the City Council of the City of Flagstaff, authorizing the City of Flagstaff to accept the deed of certain real property located at 2555 S. Beulah Boulevard, Flagstaff, Arizona to expand current City right-of-way and allow for construction of a public sidewalk along Beulah Boulevard.
Mayor Nabours clarified that the City was not paying for the sidewalk property. Ms. Lee replied that was correct; the development company was paying for it and then donating it to the City.
Moved by Councilmember Karla Brewster, seconded by Mayor Jerry Nabours to read Ordinance No. 2016-35 by title only for the final time.
Vote: 6 - 0 - Unanimously
AN ORDINANCE OF THE FLAGSTAFF CITY COUNCIL, AUTHORIZING THE CITY OF FLAGSTAFF TO ACCEPT THE DEED OF CERTAIN REAL PROPERTY LOCATED AT 2555 S. BEULAH BOULEVARD, FLAGSTAFF, ARIZONA TO EXPAND CURRENT CITY RIGHT-OF-WAY AND ALLOW FOR CONSTRUCTION OF A PUBLIC SIDEWALK ALONG BEULAH BOULEVARD; PROVIDING FOR SEVERABILITY, AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Karla Brewster, seconded by Councilmember Jeff Oravits to adopt Ordinance No. 2016-35.
Vote: 6 - 0 - Unanimously
D.
Consideration and Approval of Consultant Services Contract: Beaver Street and Dale Avenue Bundle #2 Improvements (Road Repair and Street Safety Program) Project
Mayor Nabours said that they would take Items 10-D and 10-E together as they related to the same projects.
James Duval, Capital Improvements, reviewed these items through a PowerPoint presentation which addressed:
PRESENTATION OVERVIEW
PROJECT SCOPE - Vicinity Map
PROJECT SCHEDULE
Design Complete May 2017
Present GMP for Consideration by Council - June 2017
Construction Begins June 2017
Construction Complete August 2018
CONSULTANT SELECTION PROCESS
Qualifications Based Selection Process
Request for Statement of Qualifications
Two separate six-member selection committees evaluated submitting firms
Item 10-D - WLB Group was selected out of five submitted
Item 10-E - Eagle Mountain was selected out of three submitted
WLB GROUP - Design Consulting Contract
Time and Materials Based Contract $231,160
$12,000 Contingency
Change Order Authority to City Manager for $22,000
Contract period is 704 calendar days
EAGLE MOUNTAIN - Construction Manager at Risk
Time and Materials Based Contract $76,147.50
$7,000 Contingency
Change Order Authority to City Manager for $7,000
Contract period is 253 calendar days
PROJECT BUDGET & FUNDING
CMAR DELIVERY SYSTEM
WHY CMAR PROJECT DELIVERY SYSTEM FOR BUNDLE #2
Bret Petersen then reviewed the Road Repair and Street Safety Overview:
COMPLETED CONSTRUCTION
PROPOSED CONSTRUCTION
ANTICIPATED SCHEDULE
Mr. Petersen noted that it was difficult to read the projected schedule, but it could be viewed by everyone at www.flagstaff.az.gov/RoadSafety.
James Duval, Capital Improvements, reviewed these items through a PowerPoint presentation which addressed:
PRESENTATION OVERVIEW
PROJECT SCOPE - Vicinity Map
PROJECT SCHEDULE
Design Complete May 2017
Present GMP for Consideration by Council - June 2017
Construction Begins June 2017
Construction Complete August 2018
CONSULTANT SELECTION PROCESS
Qualifications Based Selection Process
Request for Statement of Qualifications
Two separate six-member selection committees evaluated submitting firms
Item 10-D - WLB Group was selected out of five submitted
Item 10-E - Eagle Mountain was selected out of three submitted
WLB GROUP - Design Consulting Contract
Time and Materials Based Contract $231,160
$12,000 Contingency
Change Order Authority to City Manager for $22,000
Contract period is 704 calendar days
EAGLE MOUNTAIN - Construction Manager at Risk
Time and Materials Based Contract $76,147.50
$7,000 Contingency
Change Order Authority to City Manager for $7,000
Contract period is 253 calendar days
PROJECT BUDGET & FUNDING
CMAR DELIVERY SYSTEM
WHY CMAR PROJECT DELIVERY SYSTEM FOR BUNDLE #2
Bret Petersen then reviewed the Road Repair and Street Safety Overview:
COMPLETED CONSTRUCTION
PROPOSED CONSTRUCTION
ANTICIPATED SCHEDULE
Mr. Petersen noted that it was difficult to read the projected schedule, but it could be viewed by everyone at www.flagstaff.az.gov/RoadSafety.
Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to approve the Professional Services Contract to The WLB Group, Inc. of Flagstaff, Arizona on a time a materials basis in an amount not to exceed $231,160.00, which includes a $12,000.00 contingency. The contract period is 704 calendar days; authorize Change Order Authority to the City Manager in the amount of $22,000.00 (10% of contract amount excluding contingencies) for unanticipated or additional items of work; and authorize the City Manager to execute the necessary documents.
Vote: 6 - 0 - Unanimously
E.
Consideration and Approval of CMAR Design Phase Services Contract: Beaver Street and Dale Avenue Bundle #2 Improvements (Road Repair and Street Safety Program) Project.
Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to approve the Construction Manager At Risk (CMAR) Design Phase Services Contract to Eagle Mountain Construction, Inc. of Flagstaff, Arizona on a time a materials basis in an amount not to exceed $76,147.50, which includes a $7,000.00 contingency; a contract period is 253 calendar days; authorize Change Order Authority to the City Manager in the amount of $7,000.00 (10% of contract amount excluding contingencies) for unanticipated or additional items of work; and authorize the City Manager to execute the necessary documents.
Vote: 6 - 0 - Unanimously
F.
Consideration of Amendment to Lease Agreement: Cogdill Recreation Center Lease With Boys & Girls Club of Flagstaff
Management Services Director Rick Tadder said that this is an amendment to the existing lease for the Cogdill Center with the Boys & Girls Club of Flagstaff. He said that this additional amount was discussed during the April budget retreat. He said that Tim Hansen from the Boys & Girls Club was present if they should have any questions.
Mayor Nabours asked Mr. Hansen how things were going. Mr. Hansen noted that he was the Immediate Past Chairman of the Board for the Boys & Girls Club, just ending his term. He said that it was going well at the club. They recently hired a new Executive Director and they have started their fall programming after a successful summer program, with over 70 kids a day.
He said that they are currently average 35-40 kids a day and the vast majority of those kids are on scholarship. He said that they have alternate programming with Flagstaff High School, Winslow High School and Holbrook High School, and are now providing after school at Pine Forest Charter School, averaging 40 kids a day. He said that those programs were self-funding, and were not impacting their budget in a negative way.
Mayor Nabours asked Mr. Hansen how things were going. Mr. Hansen noted that he was the Immediate Past Chairman of the Board for the Boys & Girls Club, just ending his term. He said that it was going well at the club. They recently hired a new Executive Director and they have started their fall programming after a successful summer program, with over 70 kids a day.
He said that they are currently average 35-40 kids a day and the vast majority of those kids are on scholarship. He said that they have alternate programming with Flagstaff High School, Winslow High School and Holbrook High School, and are now providing after school at Pine Forest Charter School, averaging 40 kids a day. He said that those programs were self-funding, and were not impacting their budget in a negative way.
Moved by Councilmember Scott Overton, seconded by Councilmember Jeff Oravits to approve Amendment No. one to provide $50,000 in continued funding to the Boys & Girls Club of Flagstaff for various recreational programs for under served youth within the Flagstaff community; and authorize the City Manager to execute the necessary documents.
Vote: 6 - 0 - Unanimously
RECESS
The 4:00 p.m. portion of the September 20, 2016, meeting recessed at 4:35 p.m.
The 4:00 p.m. portion of the September 20, 2016, meeting recessed at 4:35 p.m.
6:00 P.M. MEETING
RECONVENE
Mayor Nabours reconvened the Regular Meeting of September 20, 2016, at 6:00 p.m.
Mayor Nabours reconvened the Regular Meeting of September 20, 2016, 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
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: MAYOR NABOURS VICE MAYOR BAROTZ COUNCILMEMBER BREWSTER COUNCILMEMBER EVANS COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: NONE |
Others present: City Manager Josh Copley and City Attorney Sterling Solomon |
12.
PUBLIC PARTICIPATION
•Charlie Silver, Flagstaff, read "A Lament for Flagstaff," written by Brad Gerver and published in the September 8, 2016, edition of the Arizona Daily Sun, noting that he agreed with his points.
•Anthony Garcia, Flagstaff, addressed the Council about how they would not need to worry about peace in the world if everyone would find peace within themselves.
•John Viktora, Flagstaff, commented on the documents prepared on the proposed Indigenous People town halls.
•Selest Manning, Flagstaff, presented a Citizen Petition to have the Dakota Access Pipeline placed on a future agenda.
•Marlena Garcia also addressed support for placing a discussion of the Dakota Access Pipeline on a future agenda.
•Anthony Garcia, Flagstaff, addressed the Council about how they would not need to worry about peace in the world if everyone would find peace within themselves.
•John Viktora, Flagstaff, commented on the documents prepared on the proposed Indigenous People town halls.
•Selest Manning, Flagstaff, presented a Citizen Petition to have the Dakota Access Pipeline placed on a future agenda.
•Marlena Garcia also addressed support for placing a discussion of the Dakota Access Pipeline on a future agenda.
13.
CARRY OVER ITEMS FROM THE 4:00 P.M. AGENDA
None
None
14.
PUBLIC HEARING ITEMS
A.
Public Hearing for Resolution No. 2016-31: A resolution of the Flagstaff City Council amending the Flagstaff Regional Plan 2030 by amending Chapter 3 to change the categories of Major Plan Amendments and establishing an effective date.
Mayor Nabours said that they have been working on this subject for several meetings, and would not be completing it tonight. He said that they would go for about an hour and get whatever public comment there is this evening, and then he would be calling a special meeting for next week at the beginning of the work session, to continue the public hearing.
Comprehensive Planning Manager Sara Dechter continued the PowerPoint presentation which addressed:
INTRODUCTION
PROPOSED AMENDMENTS
AMENDMENT CRITERIA - WE COVERED LAST TIME
SUMMARY OF ISSUES
AMENDMENT CRITERIA
WE WILL COVER TONIGHT
REGIONAL PLAN AREA AND PLACE TYPES
Ms. Dechter gave an example of deleting or reducing the scale of an activity center currently not requiring a Major Plan Amendment, but the proposed amendment would.
Councilmember Putzova said that the committee spent a lot of time talking about whether these were maps or illustrations and that was the concept that the voters approved. Ms. Dechter said that they have not treated it consistently as a map ro illustration. She does not think that they conceptualized when working on it that anyone would ask to move an activity center, but they have already such a request. She said that they are hoping to clear up the inconsistency.
Councilmember Putzova said that the whole idea of illustrations versus maps came up from staff. Ms. Dechter said that staff admits that it came from them, but they have found that it is too loose and that is why they are back.
Councilmember Oravits asked what the voters saw it as. Ms. Dechter said that she would have a hard time answering that.
Councilmember Evans said that at some point they do need clarity. She said that they were talking about Chapter 3 now, and asked what it meant for the other chapters. Ms. Dechter said that it is different in different chapters.
Councilmember Brewster said that it appears to be dependent on how dense an activity is. Ms. Dechter said that is why they have rural, suburban, or urban types.
Vice Mayor Barotz said that those people living in a more rural area should not be treated differently than the other areas; they should all be consistent. Ms. Dechter said that she could bring back some options, talk to staff and run some scenarios.
Councilmember Overton said that he was okay with the way it is. He did not want to send staff off to create different options. He does not see the need to address the activity centers. He believes they should do nothing and leave it at the discretion and interpretation by staff.
Betsy McKellar, Flagstaff, said that she would like to jump ahead to the specific plans. She said that the pyramid showed up over and over and shown specific plans below the Regional Plan. The Regional Plan was supposed to have the answers and specific plans had less power. Now they are trying to say that the specific plans have more power than the Regional Plan.
Ms. Dechter said that some of the current language says that the Regional Plan cannot supersede a specific plan. The specific plans are not lesser plans because they are below a Regional Plan, but they are a more detailed plan. She said that they have always treated specific plans to a fairly high level of scrutiny and detail. The specific plans should confirm with the Regional Plan, but when they do not, they should amend the Regional Plan. She said that they have the same process for public involvement for a specific plan that they have for a Major Plan Amendment, except they do not follow the same timelines.
Councilmember Putzova said that for next week she would like to understand more the relationship between the Regional Plan, specific plans and codes.
Comprehensive Planning Manager Sara Dechter continued the PowerPoint presentation which addressed:
INTRODUCTION
PROPOSED AMENDMENTS
AMENDMENT CRITERIA - WE COVERED LAST TIME
SUMMARY OF ISSUES
AMENDMENT CRITERIA
WE WILL COVER TONIGHT
REGIONAL PLAN AREA AND PLACE TYPES
Ms. Dechter gave an example of deleting or reducing the scale of an activity center currently not requiring a Major Plan Amendment, but the proposed amendment would.
Councilmember Putzova said that the committee spent a lot of time talking about whether these were maps or illustrations and that was the concept that the voters approved. Ms. Dechter said that they have not treated it consistently as a map ro illustration. She does not think that they conceptualized when working on it that anyone would ask to move an activity center, but they have already such a request. She said that they are hoping to clear up the inconsistency.
Councilmember Putzova said that the whole idea of illustrations versus maps came up from staff. Ms. Dechter said that staff admits that it came from them, but they have found that it is too loose and that is why they are back.
Councilmember Oravits asked what the voters saw it as. Ms. Dechter said that she would have a hard time answering that.
Councilmember Evans said that at some point they do need clarity. She said that they were talking about Chapter 3 now, and asked what it meant for the other chapters. Ms. Dechter said that it is different in different chapters.
Councilmember Brewster said that it appears to be dependent on how dense an activity is. Ms. Dechter said that is why they have rural, suburban, or urban types.
Vice Mayor Barotz said that those people living in a more rural area should not be treated differently than the other areas; they should all be consistent. Ms. Dechter said that she could bring back some options, talk to staff and run some scenarios.
Councilmember Overton said that he was okay with the way it is. He did not want to send staff off to create different options. He does not see the need to address the activity centers. He believes they should do nothing and leave it at the discretion and interpretation by staff.
Betsy McKellar, Flagstaff, said that she would like to jump ahead to the specific plans. She said that the pyramid showed up over and over and shown specific plans below the Regional Plan. The Regional Plan was supposed to have the answers and specific plans had less power. Now they are trying to say that the specific plans have more power than the Regional Plan.
Ms. Dechter said that some of the current language says that the Regional Plan cannot supersede a specific plan. The specific plans are not lesser plans because they are below a Regional Plan, but they are a more detailed plan. She said that they have always treated specific plans to a fairly high level of scrutiny and detail. The specific plans should confirm with the Regional Plan, but when they do not, they should amend the Regional Plan. She said that they have the same process for public involvement for a specific plan that they have for a Major Plan Amendment, except they do not follow the same timelines.
Councilmember Putzova said that for next week she would like to understand more the relationship between the Regional Plan, specific plans and codes.
Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to continue the Public Hearing to the September 27, 2016, Special Council Meeting at 6:00 p.m.
Vote: 7 - 0 - Unanimously
15.
REGULAR AGENDA
A.
Consideration and Possible Adoption of Resolution No. 2016-20 and Ordinance No. 2016-25: Declaring as a Public Record that certain document known as the International Fire Code, 2012 Edition, and amendments, additions and deletions thereto and the 2016 Amendments to the Flagstaff City Code, Title 5, Fire Code and adopting said public record by reference.
Fire Marshal Patrick Staskey reviewed the current public outreach efforts. He said that the staff summary was updated with further research and additional information. They sent a letter out to all of the bars and restaurants (245) specifically stating that the updates to the 2012 adoption may bring changes to their businesses. Tomorrow morning he has an 8:00 a.m. presentation to the Chamber.
Mr. Staskey then reviewed the COMPARISON ANALYSIS which showed what the State adopted (blue), what was already in the City Code (green) and what was being proposed as an amendment by the City (yellow).
Police Legal Advisor Marianne Sullivan said that when the State adopted this Fire Code, it applies to any cities under 100,000 in population, so it does apply to Flagstaff. If they do not adopt this code the current ordinance would be in conflict with state law. She said that the blue is what they have to adopt; the yellow is what they are proposing in addition to the blue. She added that the yellow proposed wording can only strengthen the 2012 code; it cannot be less restrictive. An example given was the sky lanterns. These are not prohibited in the 2012 Code; however, in Flagstaff they felt it was not safe to allow them due to fire danger, so they are part of the amendments to prohibit them.
Discussion was held on sprinkler systems. Mr. Staskey said that the City previously adopted amendments that required sprinkler systems in commercial buildings above 5,000 sq. ft. and above three stores, and those in traditional neighborhoods. He said that they have moved that amendment forward to the new ones, eliminating the traditional neighborhood allowance because that is in compliance with state statutes. Fire Chief Gaillard clarified that they were not changing anything. He said that the yellow text regarding carbon dioxide systems they were recommending because they felt it needed clarification.
Mr. Staskey said that the bulk carbon dioxide systems are relatively new technology. They are seeing in businesses that it is less expensive for businesses to use a large storage bulk tank, similar to propane, but since that gas is odorless, it is not detected by humans and it can leak in the larger units. They have not had incidents in Flagstaff, but they have seen them occur in the Valley so it is a matter of safety.
Councilmember Oravits asked if the amendment would request or mandate compliance. Mr. Staskey said that the businesses would be required to comply, but they would provide them with a certain amount of time in which to do so.
Discussion was held on whether all of the changes would be retroactive. Chief Gaillard explained that the Fire Code in existence at the time a building is built is what applies, unless there is a threat to public safety. In this particular case, it would be a matter of public safety and they would be required to comply with the new regulations.
Moved by Councilmember Putzova to read Resolution No. 2016-20 by title only; motion failed due to lack of a second.
Additional discussion was held on the carbon dioxide tanks and staff said that they could make some changes for the final read to provide more clarification.
Discussion was then held on the proposed section regarding special events. Chief Gaillard said that they are proposing to codify what they already do with regard to special events. Councilmember Evans said that Parks and Recreation representation should be present at the meeting. Councilmember Oravits asked that the special event people also receive some public outreach.
Mr. Staskey then reviewed the COMPARISON ANALYSIS which showed what the State adopted (blue), what was already in the City Code (green) and what was being proposed as an amendment by the City (yellow).
Police Legal Advisor Marianne Sullivan said that when the State adopted this Fire Code, it applies to any cities under 100,000 in population, so it does apply to Flagstaff. If they do not adopt this code the current ordinance would be in conflict with state law. She said that the blue is what they have to adopt; the yellow is what they are proposing in addition to the blue. She added that the yellow proposed wording can only strengthen the 2012 code; it cannot be less restrictive. An example given was the sky lanterns. These are not prohibited in the 2012 Code; however, in Flagstaff they felt it was not safe to allow them due to fire danger, so they are part of the amendments to prohibit them.
Discussion was held on sprinkler systems. Mr. Staskey said that the City previously adopted amendments that required sprinkler systems in commercial buildings above 5,000 sq. ft. and above three stores, and those in traditional neighborhoods. He said that they have moved that amendment forward to the new ones, eliminating the traditional neighborhood allowance because that is in compliance with state statutes. Fire Chief Gaillard clarified that they were not changing anything. He said that the yellow text regarding carbon dioxide systems they were recommending because they felt it needed clarification.
Mr. Staskey said that the bulk carbon dioxide systems are relatively new technology. They are seeing in businesses that it is less expensive for businesses to use a large storage bulk tank, similar to propane, but since that gas is odorless, it is not detected by humans and it can leak in the larger units. They have not had incidents in Flagstaff, but they have seen them occur in the Valley so it is a matter of safety.
Councilmember Oravits asked if the amendment would request or mandate compliance. Mr. Staskey said that the businesses would be required to comply, but they would provide them with a certain amount of time in which to do so.
Discussion was held on whether all of the changes would be retroactive. Chief Gaillard explained that the Fire Code in existence at the time a building is built is what applies, unless there is a threat to public safety. In this particular case, it would be a matter of public safety and they would be required to comply with the new regulations.
Moved by Councilmember Putzova to read Resolution No. 2016-20 by title only; motion failed due to lack of a second.
Additional discussion was held on the carbon dioxide tanks and staff said that they could make some changes for the final read to provide more clarification.
Discussion was then held on the proposed section regarding special events. Chief Gaillard said that they are proposing to codify what they already do with regard to special events. Councilmember Evans said that Parks and Recreation representation should be present at the meeting. Councilmember Oravits asked that the special event people also receive some public outreach.
Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to postpone action on the item for two weeks.
Vote: 2 - 5
- AYE:
-
Mayor Jerry Nabours
Councilmember Jeff Oravits
Moved by Councilmember Eva Putzova, seconded by Councilmember Coral Evans to read Resolution No. 2016-20 by title only.
Vice Mayor Barotz said that she would like to see the section of the Special Event packet that relates to these regulations.
Councilmember Oravits said that he was fine with most of the changes, but has serious questions on a few.
Staff was directed to bring back to the next meeting: 1) clean up of language on the carbon dioxide section; 2) additional information re the Special Events and the form used by Fire; and any feedback on the outreach that they receive tomorrow and over the next two weeks.
Vote: 5 - 2
- NAY:
-
Mayor Jerry Nabours
Councilmember Jeff Oravits
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT KNOWN AS THE INTERNATIONAL FIRE CODE, 2012 EDITION, AND AMENDMENTS, ADDITIONS AND DELETIONS THERETO AND THE 2016 AMENDMENTS TO FLAGSTAFF CITY CODE, TITLE 5, FIRE CODE
Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova to read Ordinance No. 2016-20 by title only for the first time.
Vote: 5 - 2
- NAY:
-
Mayor Jerry Nabours
Councilmember Jeff Oravits
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, ADOPTING THE INTERNATIONAL FIRE CODE, 2012 EDITION AND AMENDMENTS, ADDITIONS AND DELETIONS THERETO AND THE 2016 AMENDMENTS TO FLAGSTAFF CITY CODE TITLE 5, FIRE CODE, BY REFERENCE
B.
Consideration of Cancelling the November 8, 2016, Work Session.
Moved by Mayor Jerry Nabours, seconded by Councilmember Scott Overton to schedule the Work Session of November 8, 2016, at 4:00 p.m. rather than 6:00 p.m. due to the election.
Vote: 7 - 0 - Unanimously
16.
DISCUSSION ITEMS
None
None
17.
FUTURE AGENDA ITEM REQUESTS
After discussion and upon agreement by a majority of all members of the Council, an item will be moved to a regularly-scheduled Council meeting.
After discussion and upon agreement by a majority of all members of the Council, an item will be moved to a regularly-scheduled Council meeting.
A.
Future Agenda Item Request (F.A.I.R.): A request by Councilmember Evans to place on a future agenda a discussion regarding a resolution re the Grand Canyon National Park Proposed Backcountry Management Plan.
Councilmember Evans said that she had requested this item because of the many people in Flagstaff that have contacted her regarding the negative impact that the plan would have with regard to the local tour businesses.
The following individuals spoke in favor of placing this item on an agenda to consider a resolution of opposition to a portion of the Grand Canyon National Park Proposed Backcountry Management Plan:
•Anthony Romero
•Scott Cundy
•Ben Murphy
Mayor Nabours asked why the National Park Service wants to do this. Mr. Cundy said that he believed it was similar to the river permits. The river companies have 80% of the river permits, leaving a small number for the private sector. He thinks they are afraid that the hiking world will become totally dominated, but right now it is about 13% of the backcountry use. He said that by moving to a concession system, they will be able to dictate prices and control how many people operate. It will be extremely limiting. He said that they had a meeting with the backcountry office, with 30-40 people in attendance, and if this is approved those companies will all go away.
It was noted that the amount of money coming into the Flagstaff area each year is in the millions because of these tour businesses. If that goes away it will negatively impact the City in a huge way.
A written comment in support of placing this item on a future agenda was submitted by John McCulloch.
Consensus of Council was to place this item on a future agenda. Councilmember Evans asked that those speaking tonight on this issue be invited back to speak when it is placed on the agenda.
The following individuals spoke in favor of placing this item on an agenda to consider a resolution of opposition to a portion of the Grand Canyon National Park Proposed Backcountry Management Plan:
•Anthony Romero
•Scott Cundy
•Ben Murphy
Mayor Nabours asked why the National Park Service wants to do this. Mr. Cundy said that he believed it was similar to the river permits. The river companies have 80% of the river permits, leaving a small number for the private sector. He thinks they are afraid that the hiking world will become totally dominated, but right now it is about 13% of the backcountry use. He said that by moving to a concession system, they will be able to dictate prices and control how many people operate. It will be extremely limiting. He said that they had a meeting with the backcountry office, with 30-40 people in attendance, and if this is approved those companies will all go away.
It was noted that the amount of money coming into the Flagstaff area each year is in the millions because of these tour businesses. If that goes away it will negatively impact the City in a huge way.
A written comment in support of placing this item on a future agenda was submitted by John McCulloch.
Consensus of Council was to place this item on a future agenda. Councilmember Evans asked that those speaking tonight on this issue be invited back to speak when it is placed on the agenda.
B.
Future Agenda Item Request (F.A.I.R.): A request by Councilmember Evans to place on a future agenda the Creation of a Commission on Women's Issues.
Councilmember Evans said that there were 31 major American cities, including Phoenix, that had a Commission on Women's Issues, and Phoenix's has been in existence for 35 years. They focus on helping women with access to education, information and resources, domestic violence assistance, financial independence, etc., providing a vital link between government, community and women.
Councilmember Brewster asked if they would draw members from the community as a whole or ask for representatives from specific clubs or organizations. Councilmember Evans said that she was not sure; that is why she would like to discuss this at a work session to talk about specifics.
Consensus of Council was to move forward to a future agenda.
Councilmember Brewster asked if they would draw members from the community as a whole or ask for representatives from specific clubs or organizations. Councilmember Evans said that she was not sure; that is why she would like to discuss this at a work session to talk about specifics.
Consensus of Council was to move forward to a future agenda.
C.
Future Agenda Item Request (F.A.I.R.): A request by Councilmember Evans to place on a future agenda the discussion of Transect Zones.
Councilmember Evans said that they have put the community through enough; she did not think they should wait until the lawsuit is over to discuss this issue.
Charlie Silver, Flagstaff, supported placing this item on a agenda.
Councilmember Overton said that he fully supports having a discussion on Transect Zones, but he does not wnat to open it up to tear it all apart. He thinks they have a good place and he would argue that they should have the discussion to stand behind it. He did want to be sensitive to the legal challenges and court case.
Councilmember Evans said that it is not her intent to get into current court cases in which the Code has been applied. She is interested in having a work session on what it is, why they have it, and how it can be applied. She said that if they wait there could be another project come forward and they will be in the same position.
Consensus of Council was to move the item forward to a future work session agenda.
Charlie Silver, Flagstaff, supported placing this item on a agenda.
Councilmember Overton said that he fully supports having a discussion on Transect Zones, but he does not wnat to open it up to tear it all apart. He thinks they have a good place and he would argue that they should have the discussion to stand behind it. He did want to be sensitive to the legal challenges and court case.
Councilmember Evans said that it is not her intent to get into current court cases in which the Code has been applied. She is interested in having a work session on what it is, why they have it, and how it can be applied. She said that if they wait there could be another project come forward and they will be in the same position.
Consensus of Council was to move the item forward to a future work session agenda.
18.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
Councilmember Evans said that she would like to have a better understanding of the Citizen Petition process.
Councilmember Evans requested a FAIR item for a resolution on the Greater Grand Canyon National Heritage (this request was withdrawn by Councilmember Evans after the meeting).
Councilmember Evans requested a FAIR item for a resolution on the Greater Grand Canyon National Heritage (this request was withdrawn by Councilmember Evans after the meeting).
19.
ADJOURNMENT
The Regular Meeting of the Flagstaff City Council held September 20, 2016, adjourned at 9:01 p.m.
| __________________________________________ MAYOR |
|
________________________________________ CITY CLERK |
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 September 20, 2016. I further certify that the Meeting was duly called and held and that a quorum was present.
| DATED this 4th day of October, 2016. | |
| ________________________________ CITY CLERK |