TUESDAY, OCTOBER 4, 2016
COUNCIL CHAMBERS
211 WEST ASPEN
4:00 P.M. AND 6:00 P.M.
MINUTES
Mayor Nabours called the Regular Meeting of October 4, 2016, to order at 4:00 p.m.
| 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.
The mission of the City of Flagstaff is to protect and enhance the quality of life of its citizens.
Move by Councilmember Scott Overton, seconded by Councilmember Jeff Oravits to approve the minutes of the City Council Work Session of September 13, 2016; Regular Meeting of September 20, 2016; Special Meeting (Executive Session) of September 27, 2016; and Combined Special Meeting/Work Session of September 27, 2016.
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.
None
Police Chief Kevin Treadway stated that EMD is a certification program that all City Dispatchers are currently certified in. It is a program where dispatchers provide instruction to the caller on how to stabilize the patient and perform life saving measures. Chief Treadway offered that he and the department are very proud of Ms. Hallett’s work.
Chief Gaillard presented Ms. Hallett and Mr. Bleeker with a Citizen Heroism Award.
Mayor Nabours asked how the process of explaining this kind of procedure works. Ms. Hallett stated that it is a deep partnership with the person on the line; it requires an all out effort from the caller to perform the necessary tasks and Mr. Bleeker performed very well. Mr. Bleeker stated that Ms. Hallett was the true hero with her ability to remain calm in such a stressful situation. He stated that she is an amazing instructor and he commended the Police and Fire Departments for their efforts in adequately training their staff.
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).
Move by Councilmember Jeff Oravits, seconded by Mayor Jerry Nabours to appoint Allen Turner to a term expiring October 2019.
Vote: 7 - 0 - Unanimously
Move by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to appoint Mary Lou Hagan to a term expiring October 2019.
Vote: 7 - 0 - Unanimously
None
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.
Move by Councilmember Scott Overton, seconded by Councilmember Karla Brewster to approve Consent Items 9-A and 9-B.
Vote: 7 - 0 - Unanimously
Consideration of Ratifying Cooperative Law Enforcement Agreement: Approval of the Cooperative Law Enforcement agreement between the City of Flagstaff and the United States Forest Service, Department of Agriculture, for Dispatch Services.
PROPOSED CHANGES
CLARIFICATION NEEDED
OPTIONS
Mayor Nabours offered that if the assigned Councilmember chooses not to make an additional motion then he would be in favor of Option A, another member of Council making a follow-up motion.
Councilmember Putzova indicated that she is in favor of Option B because it would maintain the random appointment order of Councilmembers, ensuring that everyone gets a fair chance at making a selection.
Vice Mayor Barotz agreed with Councilmember Putzova stating that it puts the Mayor, or person running the meeting, in an awkward position should two Councilmembers wish to make a subsequent motion; they are then forced to choose who would go first and that could lead to thoughts or accusations of favoritism. If staff goes by the pre-determined list then it keeps the process fair to all Councilmembers.
Councilmember Brewster indicated that she is okay with Option B as well.
Move by Vice Mayor Celia Barotz, seconded by Councilmember Eva Putzova to read Resolution No. 2016-33 by title only and adopt Option B and also provide staff the ability to make non-substantive corrections to the document.
Vote: 7 - 0 - Unanimously
Move by Vice Mayor Celia Barotz, seconded by Councilmember Eva Putzova to adopt Resolution No. 2016-33.
Vote: 7 - 0 - Unanimously
Mayor Nabours asked if the property is being delivered to the City in good standing with no problems or liabilities. Ms. Lee stated that they are all easements related to the development process and they have been acquired over the last year. When the City accepts easements there is a review procedure through the development review process where staff reviews the necessity and any issues with the easements.
Mayor Nabours asked for clarification on the two fee simple ownerships. Housing Manager Justyna Costa explained that the two fee simple properties are ones that the City has acquired due to them coming into the City’s Land Trust Program upon resale. Both are in the Rio Homes subdivision. Mayor Nabours asked if the land would come back to the City if the property was sold. Ms. Costa offered that when the Rio Homes development was negotiated it was done so that the City would receive affordable properties under a deed restricted model to maintain permanent affordability but the City would not own the land under it. When the recession hit there were issues with lending on a deed restricted model but lenders would lend on a Land Trust model. At that time the City decided to incorporate the units that at resale the land would come into the City and the unit would go to the household.
Mayor Nabours asked if the City is going to put these two parcels on the market again to sell to a qualifying family. Ms. Costa explained that the parcels will forever stay in the Flagstaff Land Trust Program; at the time of resale the City will ensure that the homeowners that are going to purchase do income qualify under the City’s restricted guidelines and that they qualify to purchase. The City would retain the land and the homebuyer will purchase the improvements.
Move by Councilmember Karla Brewster, seconded by Mayor Jerry Nabours to read Ordinance No. 2016-36 by title only for the first time.
Vote: 7 - 0 - Unanimously
The 4:00 p.m. portion of the October 4, 2016, Regular Council Meeting recessed at 4:30 p.m.
6:00 P.M. MEETING
Mayor Nabours reconvened the Regular Meeting of October 4, 2016, at 6:04 p.m.
| 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.
Ms. Ferguson thanked the Council for the opportunity to observe their meeting. She stated that it has been interesting to see how the government operates in the United States.
Ms. Smith also introduced Karissa Morgan who was recently selected to fill a joint position with NAU as the Neighborhood Liaison. Ms. Smith explained that Karissa will be focusing on fostering relationships at the neighborhood level. In the coming months, NAU and City staff will be back before the Council to provide an update on Karissa’s work plan and priorities.
Ms. Morgan thanked the Council for the opportunity to be a part of Team Flagstaff. She offered that she is very excited to learn about the community, get to know and build relationships with members of the community, learn about the culture and building a sense of belonging and pride.
Andy Fernandez addressed the Council with various concerns.
Mr. Copley explained that there are some technical issues with the sound system and asked for a short recess for staff to quickly fix the equipment.
A break was held from 6:15 p.m. through 6:20 p.m.
Mayor Nabours stated that there are a lot of people present who are interested in and wanting to speak on the Future Agenda Item Request section of the agenda so he will be re-ordering the agenda to take items 17-A, B and C first.
MINOR AMENDMENTS TO THE FLAGSTAFF REGIONAL PLAN, CHAPTER 3: HOW THIS
Councilmember Putzova asked if the amendments went through the Planning and Zoning Commission and what their recommendation was. Ms. Dechter stated that the amendments did go to the Planning and Zoning Commission and their recommendation was in support of the staff proposal.
Ms. Dechter continued the presentation.
PROPOSED AMENDMENT CRITERIA
1B. MAJOR AMENDMENTS ACTIVITY CENTERS
1B. MAJOR AMENDMENTS ACTIVITY CENTERS OPTIONS
OPTION A
OPTION B
OPTION C
OPTION D
Councilmember Overton stated that Option D is much more manageable; it makes more sense on the macro scale because it will be difficult with the smaller, individual Activity Centers because they overlap so much. He asked what the drawbacks would be to doing something such as this. Ms. Dechter offered that it is not clear that moving a Neighborhood Scale Activity Center would always be a Minor Amendment as not all of the Activity Centers have the same level of interest or sensitivity. However, it would only be seven of twenty eight Activity Centers that are affected.
Mayor Nabours stated there are areas where Regional Scale Activity Centers overlap with Neighborhood Scale Activity Centers. Ms. Dechter agreed stating that the overlaps primarily occur along Milton and in the Southside neighborhood.
Ms. Dechter continued the presentation.
1D. MAJOR AMENDMENTS CORRIDORS AND GREAT STREETS
1D. MAJOR AMENDMENTS CORRIDORS AND GREAT STREETS OPTIONS
Mayor Nabours offered that Council needs to determine if it is something that can be changed with a Specific Plan. Ms. Dechter stated that there is a footnote that says some categories can be done as a Major Amendment or a Specific Plan if Council wanted to give that flexibility. Specific Plans have the same public meeting and notification criteria, just not the same timeline criteria as a Major Amendment.
Mayor Nabours asked Ms. Dechter to provide the Council with staff’s recommendation on the four items provided in the handouts. Ms. Dechter stated that for Corridors and Great Streets staff supports Option A and Option B with the Specific Plan language. For Activity Centers, staff supports Option B the strongest but likes Option A as a backup. For the Rural to Suburban item staff supports Option A but can see the value and will also support Option C.
Ms. Dechter then reviewed the Decision Tracking handout provided to Council. This handout with resulting Council direction is attached hereto as Exhibit A.
Charlie Silver addressed Council in opposition to Option D related to Activity Centers. He offered that he would support Option C. Neighborhoods consider Aactivity Centers a big deal and would like them considered in a major way.
Move by Mayor Jerry Nabours, seconded by Councilmember Eva Putzova to continue the Public Hearing to the October 18, 2016, Regular Council Meeting.
Vote: 7 - 0 - Unanimously
2012 INTERNATIONAL FIRE CODE ADOPTION
PUBLIC OUTREACH UPDATE
INSULATED BULK CO2
Councilmember Oravits clarified that the bulk systems are the refillable tanks that require detection systems and the old system is the single fifty pound tanks which are not required to have detection systems. Mr. Staskey agreed offering that the bulk tanks have a much higher quantity and, therefore, have a greater impact should they leak.
Move by Councilmember Jeff Oravits, seconded by Councilmember Scott Overton to adopt Resolution No. 2016-20.
Vote: 7 - 0 - Unanimously
Move by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to read Ordinance No. 2016-25 by title only for the final time.
Vote: 7 - 0 - Unanimously
Move by Councilmember Jeff Oravits, seconded by Councilmember Scott Overton to adopt Ordinance No. 2016-25.
Vote: 7 - 0 - Unanimously
None
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.
The following individuals addressed Council in support of placing the item on a future agenda:
- Josh Collier
- Harold Browning
- Donald Uhles
- Shannon Rice
- David Richardson
- Brannon McCullough
- Melissa Kirk
- Julie Hill
- David Ledbetter
- I support revisiting the Zoning Code regarding RVs as there are several unintended consequences of the code.
- It is important to protect the basic property rights of property owners.
- RV Storage is expensive and many people do not have the ability to afford those fees.
- Property values may decline with RVs parked on the street.
- In addition to the safety issue there is an economic issue; many of the homes are on smaller lots that cannot accommodate an RV without extensive construction and/or tree removal.
- One of the things that drew me to University Heights was the lack of an HOA and the ability to park our recreational vehicles.
- Emergency vehicles will not be able to access many streets should all these RVs be parked in the street.
- It is hard to accept a Code that is enforced only on a complaint basis, it opens the doors to arbitrary and malicious complaints.
- The streets are far too narrow to allow RVs to park in them.
- Many homes have City permitted parking slabs that are used for RV storage. Now these previously permitted structures are in violation of the Code.
- We purchased in University Heights because there was no HOA.
- Over 75 owners have been cited because one person complained.
- The City already has a junk vehicle ordinance; this regulation is not needed.
- Safety is more important than the code, please put a halt to further action until the Code can be re-examined.
- My home value has increased by 18% even with all the recreational vehicles in the neighborhood.
- Other neighborhoods are not being cited, this is the doing of one individual.
- The ordinance is written as a one size fits all when it should be left to the neighborhoods to deal with these types of issues individually through HOAs.
- Elisha Dorfsmith
- Cynthia Dorfsmith
- Pino Marinelli
The following individuals addressed Council in support of putting the item on a future agenda:
Todd Vanosdell
Gary Schepper
Marilyn Schwind
The following comments were received:
- The flooding appears to be happening because three surface water collectors are diverting water to the neighborhood and the stormwater basins appear inadequate to hold the surface water.
- The flooding has been more frequent and is getting progressively worse.
- It is a burdensome and financial hardship for the homeowners and the City needs to help with addressing the issue.
- Please help find a solution to the flooding issues, the neighborhood is concern about loss of property, loss of property values and physical safety.
Mr. Copley stated that staff has convened meetings on the issue and he has given a series of deliverables for a future meeting next week. At that point staff will have a better idea of the situation and ways to mitigate the problem. The information is forthcoming and will be provided to Council.
Councilmember Oravits indicated that he does not want to go through the agenda item request process again should there be capital issues that need to come to Council. If there are things that need Council decisions please bring them forward as soon as possible.
Councilmember Evans stated that she is interested in knowing what is going on with the neighborhoods and the plan to mitigate further flooding. She would like to have an update from staff as well as some background and history on the issues. In the meantime, if there are things that can be done to address the issue certainly move those efforts forward. Council agreed and the item will be forwarded to a future agenda.
The following individuals addressed Council in support of putting this item on a future agenda:
- Marlena Garcia
- Tyler Barnard
- Selest Manning
- Cody Fetty
- Supporting the indigenous peoples here is a huge step and being in support of our brothers and sisters in the Sioux land.
- This issue is very similar to that of the water being delivered and applied on the San Francisco Peaks.
- It is important to know if Council supports its own indigenous communities and sister communities.
- What is happening in North Dakota is similar to the uranium and coal mining that is occurring here.
- It is important for Council to hear our voices and support the indigenous people.
- As a Navajo youth I see in this generation reclaiming our land, language and culture.
- We are taking a stand against these corporations coming into our lands without permission and we want you to take a stand as well.
Councilmember Evans stated that she is in support of moving the item forward to a future agenda. She added that the pipeline affects over 200 sacred sites across four states.
Mayor Nabours stated that he is not in support as it is too far from Flagstaff and not related to Flagstaff doing business.
Vice Mayor Barotz offered that she is supportive of it moving forward because it affects people that are close to her.
There were not enough Councilmembers in support of the item moving forward.
A break was held from 7:32 p.m. through 7:46 p.m.
Item 15-A was taken next.
Councilmember Evans made the following Legal requests:
- Individuals are being charged $25 to $80 for applications for apartments even when no apartments are available or there is an extensive waiting list. She asked if anything could be legally done to require apartments to provide information on availablility when people come in to rent.
- She asked how the City can legally enforce the CUP process as there are several homes in the Southside and La Plaza Vieja neighborhoods that are renting by the room.
The Regular Meeting of the Flagstaff City Council held October 4, 2016, adjourned at 8:59 p.m.
| _______________________________ MAYOR |
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| ATTEST: |
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| _________________________________ 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 October 4, 2016. I further certify that the Meeting was duly called and held and that a quorum was present.
| DATED this 18th day of October, 2016. | |
| ________________________________ CITY CLERK |