CITY COUNCIL REGULAR MEETING
TUESDAY, DECEMBER 6, 2016
COUNCIL CHAMBERS
211 WEST ASPEN
4:00 P.M. AND 6:00 P.M.
TUESDAY, DECEMBER 6, 2016
COUNCIL CHAMBERS
211 WEST ASPEN
4:00 P.M. AND 6:00 P.M.
MINUTES
1.
CALL TO ORDER
Mayor Nabours called the meeting of December 6, 2016, to order at 4:00 p.m.
Mayor Nabours called the meeting of December 6, 2016, to order at 4:00 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).
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 EVANS COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA Others present: City Manager Josh Copley and City Attorney Sterling Solomon. |
ABSENT: NONE |
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 Regular Council Meeting of November 1, 2016; the Work Session of November 8, 2016; the Special Council Meeting (Executive Session) of November 15, 2016; the Regular Council Meeting of November 15, 2016; and the Combined Special Meeting/Work Session of November 28, 2016.
Moved by Councilmember Scott Overton, seconded by Vice Mayor Celia Barotz to approve the minutes of the City Council Regular Council Meeting of November 1, 2016; the Work Session of November 8, 2016; the Special Council Meeting (Executive Session) of November 15, 2016; the Regular Council Meeting of November 15, 2016; and the Combined Special Meeting/Work Session of November 28, 2016.
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.
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
A.
Presentation of Award: Company Citation and an individual Letter of Commendation for life saving efforts by members of the Flagstaff Fire Department.*
Fire Chief Mark Gaillard stated that an wildfire incident occurred on November 5, 2016, in which the following fire department personnel were called to respond:
The wildland fire was reported on the south side of Mount Elden about a mile up the trail. Upon arrival the firefighters hiked to the scene and began extinguishing the fire. During this time a victim was found inside the fire perimeter actively on fire. The crew removed the victim from the fire area and contacted the Flagstaff Rescue Team and medical transport. The burning clothes on the victim were extinguished almost immediately and the decision was made to hike the victim down the trail to meet the medical transport due to the life threatening nature of his injuries. Firefighter Challifour was ordered to re-engage the wildfire and Firefighter Gonzales carried the victim over his shoulder down the trail with the assistance of Captain Caputo who took turns carrying the victim. Halfway down the trail they encountered Firefighter Sanders who carried the victim the remainder of the way down the trail to an awaiting ambulance. At this time all fire personnel returned to the extinguishing of the fire. The victim was transferred to the Maricopa County Burn Center for treatment.
For their actions and meritorious service Chief Gaillard presented the Engine 3 team, Captain Caputo, Firefighter/Paramedic Challifour and Firefighter/Paramedic Gonzales with a Unit Citation. Chief Gaillard presented Firefighter Paul Sanders with an individual meritorious service award.
Mayor Nabours, on behalf of the City Council and the City of Flagstaff, thanked these individuals for their service above and beyond the call of duty.
Captain Erik Caputo
Firefighter/Paramedic Colin Challifour
Firefighter/Paramedic Casey Gonzales
Captain Scott Strohmeyer
Engineer Paul Oltrogge
Firefighter/Paramedic Paul Sanders
Firefighter/Paramedic Colin Challifour
Firefighter/Paramedic Casey Gonzales
Captain Scott Strohmeyer
Engineer Paul Oltrogge
Firefighter/Paramedic Paul Sanders
The wildland fire was reported on the south side of Mount Elden about a mile up the trail. Upon arrival the firefighters hiked to the scene and began extinguishing the fire. During this time a victim was found inside the fire perimeter actively on fire. The crew removed the victim from the fire area and contacted the Flagstaff Rescue Team and medical transport. The burning clothes on the victim were extinguished almost immediately and the decision was made to hike the victim down the trail to meet the medical transport due to the life threatening nature of his injuries. Firefighter Challifour was ordered to re-engage the wildfire and Firefighter Gonzales carried the victim over his shoulder down the trail with the assistance of Captain Caputo who took turns carrying the victim. Halfway down the trail they encountered Firefighter Sanders who carried the victim the remainder of the way down the trail to an awaiting ambulance. At this time all fire personnel returned to the extinguishing of the fire. The victim was transferred to the Maricopa County Burn Center for treatment.
For their actions and meritorious service Chief Gaillard presented the Engine 3 team, Captain Caputo, Firefighter/Paramedic Challifour and Firefighter/Paramedic Gonzales with a Unit Citation. Chief Gaillard presented Firefighter Paul Sanders with an individual meritorious service award.
Mayor Nabours, on behalf of the City Council and the City of Flagstaff, thanked these individuals for their service above and beyond the call of duty.
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: Beautification and Public Art Commission.
Make two appointments to terms expiring June 2018.
Moved by Councilmember Eva Putzova, seconded by Mayor Jerry Nabours to appoint Andres Adauto to the Beautification and Public Art Commission, term to expire June 2018.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Karla Brewster, seconded by Mayor Jerry Nabours to appoint Anthony Garcia to the Beautification and Public Art Commission, term to expire June 2018.
Vote: 7 - 0 - Unanimously
8.
LIQUOR LICENSE PUBLIC HEARINGS
Mayor Nabours opened the Public Hearing for all three liquor license applications. He noted that the Community Development, Sales Tax and Police departments had all reviewed the applications and had no concerns. There being no public comment, the Public Hearing was closed.
Moved by Councilmember Jeff Oravits, seconded by Councilmember Karla Brewster to forward all three applications to the Arizona Department of Liquor Licenses and Control with recommendations for approval.
Vote: 7 - 0 - Unanimously
A.
Consideration and Action on Liquor License Application: Cecily Clift-Maniaci, "Toasted Owl Cafe", 5200 E. Cortland Blvd., Suite B1-3, Series 12 (restaurant), New License.
B.
Consideration and Action on Liquor License Application: Douglas Koch, "Denny's", 2306 E. Lucky Ln., Series 12 (restaurant), New License.
C.
Consideration and Action on Liquor License Application: Douglas Koch, "Denny's", 4650 N. Highway 89, #C32, Series 12 (restaurant), New License.
9.
CONSENT ITEMS
All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items.
A.
Consideration and Approval of Street Closure(s): New Year's Eve Safety Street Closure
Moved by Councilmember Scott Overton, seconded by Councilmember Jeff Oravits to approve the street closure at Aspen Avenue (between San Francisco Street and Beaver Street) and Leroux Street (between Route 66 and Birch Avenue) on December 31, 2016, at 8:00 p.m. to January 1, 2017, at 1:00 a.m.
Vote: 7 - 0 - Unanimously
10.
ROUTINE ITEMS
A.
Consideration and Approval of Contract: Red Gap Ranch Pipeline Feasibility Study – Approve Change Order No. 7 to Jacobs Engineering Contract
Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to approve Change Order No. 7 with Jacobs Engineering in the amount of $470,759 and extend the contract by 182 calendar days. The current contract completion date is September 30, 2017. Acceptance of this change order #7 will approve a new completion date of March 31, 2018.
Vote: 7 - 0 - Unanimously
B.
Consideration and Approval of Grant Agreement: AZ State Forestry Grant Agreement Wildland Fire Hazard Fuel (WFHF) 16-208 (Cooperative Hazardous Fuels Program).
Operations Specialist Matt Millard with the Flagstaff Fire Department briefly reviewed this request, noting that a 10% match would come from the FWPP Bond ($19,836). He said that it would allow them to treat an additional 225 acres in Phase I on City land located on Observatory Mesa. He said that the grant will help them leverage their bond funds.
Moved by Councilmember Scott Overton, seconded by Councilmember Coral Evans to approve the WFHF 16-208 grant award from AZ State Forestry in the amount of $199,360 Observatory Mesa Fire Protection.
Vote: 7 - 0 - Unanimously
C.
Consideration and Adoption of Ordinance No. 2016-41; and License Agreement: An ordinance authorizing the conveyance of approximately ten (10) acres of land on McMillan Mesa to the State of Arizona for the construction and operation of a Veterans' Home; and License Agreement with the State of Arizona providing for continued use of the land for City purposes prior to development. (Land for Veterans' Home)
Real Estate Manager Charity Lee said that this was the final read of the ordinance that allows the City to donate ten acres of property to the Arizona Department of Veteran Services (ADVS) for a Veterans' Home.
Mr. Victor Daniels, representing the ADVS, said that once they get the land it then becomes an issue of getting the money. He said that if they receive the funding they will move ahead with design, which is at least a year away.
Mayor Nabours asked if the state or federal delegation would have any influence over federal funding. Mr. Daniels said that the only thing they can do is see that the VA is funded, but as far as how something on the list is chosen, that is the formula written in law.
Councilmember Putzova asked, assuming that everything goes as anticipated and the home gets built, what the eligibility criteria would be and who would be entitled to apply and be considered. Mr. Victor said that he is the project manager; he does not handle that side of the project. He said that once things move along there will be a time when they could have someone come in and give a presentation.
Councilmember Putzova asked Mr. Copley if he had received any additional information about the VA Home regarding eligibility. Mr. Copley said that the only information that staff has received has been made available in a CCR to Council.
Councilmember Putzova said that in what she has read, there is no guarantee that anyone from Flagstaff will be eligible to live there. Mr. Copley said that the operational aspects of the VA Home are not under the purview of the City. He believed that the determination of who gets in there will include many factors, but he would agree that there is no guarantee.
Councilmember Putzova said that she would vote for this, but she wanted it to be very clear that they are providing this facility to serve all veterans, not necessarily veterans from Flagstaff. She thanked the Flagstaff taxpayers for making this commitment. The state and federal governments are not taking care of veterans and the local taxpayers are taking it on themselves to provide this property.
Mr. Daniels said that it has been a pleasure working with the Mayor and Council, and he has enjoyed working with Ms. Lee, who has helped move the process along.
Mr. Victor Daniels, representing the ADVS, said that once they get the land it then becomes an issue of getting the money. He said that if they receive the funding they will move ahead with design, which is at least a year away.
Mayor Nabours asked if the state or federal delegation would have any influence over federal funding. Mr. Daniels said that the only thing they can do is see that the VA is funded, but as far as how something on the list is chosen, that is the formula written in law.
Councilmember Putzova asked, assuming that everything goes as anticipated and the home gets built, what the eligibility criteria would be and who would be entitled to apply and be considered. Mr. Victor said that he is the project manager; he does not handle that side of the project. He said that once things move along there will be a time when they could have someone come in and give a presentation.
Councilmember Putzova asked Mr. Copley if he had received any additional information about the VA Home regarding eligibility. Mr. Copley said that the only information that staff has received has been made available in a CCR to Council.
Councilmember Putzova said that in what she has read, there is no guarantee that anyone from Flagstaff will be eligible to live there. Mr. Copley said that the operational aspects of the VA Home are not under the purview of the City. He believed that the determination of who gets in there will include many factors, but he would agree that there is no guarantee.
Councilmember Putzova said that she would vote for this, but she wanted it to be very clear that they are providing this facility to serve all veterans, not necessarily veterans from Flagstaff. She thanked the Flagstaff taxpayers for making this commitment. The state and federal governments are not taking care of veterans and the local taxpayers are taking it on themselves to provide this property.
Mr. Daniels said that it has been a pleasure working with the Mayor and Council, and he has enjoyed working with Ms. Lee, who has helped move the process along.
Moved by Councilmember Jeff Oravits, seconded by Councilmember Coral Evans to read Ordinance No. 2016-41 by title only for the final time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE FLAGSTAFF CITY COUNCIL AUTHORIZING THE CONVEYANCE OF APPROXIMATELY TEN (10) ACRES OF LAND ON MCMILLAN MESA TO THE STATE OF ARIZONA FOR THE CONSTRUCTION AND OPERATION OF A VETERANS’ HOME; PROVIDING FOR SEVERABILITY, DELEGATION OF AUTHORITY, AND ESTABLISHING AN EFFECTIVE DATE
Councilmember Oravits thanked everyone in Flagstaff and those from out of state that helped to push the legislation along. He thanked the people of Flagstaff for putting this land toward this use. He thanked Governor Ducey, House Speaker Gowan, Senator Borrelli and also Representatives Thorpe and Barton as well as Senator Flake. He said that, most importantly, he wanted to thank the veterans.
Councilmember Evans thanked Supervisor Mandy Metzger with District 4 who handled the original veterans forum. She greatly appreciated all of the help of the Council and the local Veterans' organization, as well as the veterans. She said that her Dad is an Air Force veteran and she comes from a military family. She said that this truly means a lot to see this coming to northern Arizona.
Councilmember Evans thanked Supervisor Mandy Metzger with District 4 who handled the original veterans forum. She greatly appreciated all of the help of the Council and the local Veterans' organization, as well as the veterans. She said that her Dad is an Air Force veteran and she comes from a military family. She said that this truly means a lot to see this coming to northern Arizona.
Moved by Councilmember Karla Brewster, seconded by Councilmember Coral Evans to adopt Ordinance No. 2016-41.
Vote: 7 - 0 - Unanimously
Mayor Nabours explained that the deed has a provision for a license agreement that allows the City to continue to use the land, and they need to approve that license agreement.
At this time Mayor Nabours noted that he had overlooked a comment card regarding the Red Gap Ranch item voted on previously. He asked the speaker if he wished to come forward.
Mr. Brian Bates came forward, stating that he had been a member of the Flagstaff Water Group, but was speaking as an individual. He said that he has been in support of the continuation of working on the alignment of the pipeline, getting the ADOT clearance, etc., but he was concerned that they were talking nearly $500,000. He said that there are things he would like the Council to look at as well. He said that they need information on how conservation may assist in pushing off the need for reclaimed water. And, if the City moves toward indirect potable and direct use of reclaimed water in the future, it could be used in the natural environment. His recommendation was to table the item.
Vice Mayor Barotz asked if she understood correctly that he was talking about policy choices and how much more water they could conserve. She said that if they have policies in place that results in more conservation and they delay bringing in water.
Mr. Bates said that based on the work his group has done, they see that conservation can play a major role in saving water and delaying the need for the massive investment in Red Gap Ranch, and he supports looking into tiered structures for commercial use.
Mr. Brian Bates came forward, stating that he had been a member of the Flagstaff Water Group, but was speaking as an individual. He said that he has been in support of the continuation of working on the alignment of the pipeline, getting the ADOT clearance, etc., but he was concerned that they were talking nearly $500,000. He said that there are things he would like the Council to look at as well. He said that they need information on how conservation may assist in pushing off the need for reclaimed water. And, if the City moves toward indirect potable and direct use of reclaimed water in the future, it could be used in the natural environment. His recommendation was to table the item.
Vice Mayor Barotz asked if she understood correctly that he was talking about policy choices and how much more water they could conserve. She said that if they have policies in place that results in more conservation and they delay bringing in water.
Mr. Bates said that based on the work his group has done, they see that conservation can play a major role in saving water and delaying the need for the massive investment in Red Gap Ranch, and he supports looking into tiered structures for commercial use.
Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to approve the License Agreement, to be effective upon conveyance of land to the State of Arizona.
Vote: 7 - 0 - Unanimously
Moved by Vice Mayor Celia Barotz, seconded by Councilmember Eva Putzova to reconsider the Red Gap Ranch matter for the next meeting.
Vote: 2 - 5
- AYE:
-
Vice Mayor Celia Barotz
Councilmember Eva Putzova
D.
Consideration and Approval of Construction Contract: Butler Avenue and Huntington Drive Fiber Optic Communications project.
Project Manager Randy Whitaker briefly reviewed this project, noting that it is to install fiber optics along Butler Avenue, between Beaver and Fourth Street, which will tie all of the traffic signals together and allow coordination between them. He said that it would also allow staff to change the timing at the signals remotely from the Public Works Yard or from City Hall. He noted that there will not be cameras included at this time.
Traffic Engineer Jeff Bauman said that this phase of the project allows them to put the conduit in the ground. He said that there are some cameras now, but there is no one watching them and they cannot be pulled up. He said that it could be done in the future, but they are not adding additional staffing at this time.
He added that these systems typically see results of 20-40% reductions in travel times. They will be monitoring prior to and after. He said that they do not spend a lot of time on traffic signals right now so there is a lot of room for improvement.
Vice Mayor Barotz said that it would be interesting if at some point in the future they could report back on the success.
Traffic Engineer Jeff Bauman said that this phase of the project allows them to put the conduit in the ground. He said that there are some cameras now, but there is no one watching them and they cannot be pulled up. He said that it could be done in the future, but they are not adding additional staffing at this time.
He added that these systems typically see results of 20-40% reductions in travel times. They will be monitoring prior to and after. He said that they do not spend a lot of time on traffic signals right now so there is a lot of room for improvement.
Vice Mayor Barotz said that it would be interesting if at some point in the future they could report back on the success.
Moved by Mayor Jerry Nabours, seconded by Councilmember Karla Brewster to approve the construction contract with Contractors West in the amount of $546,739.50 (includes a $30,000 contract allowance) and a contract time of 180 calendar days; approve Change Order Authority to the City Manager in the amount of $51,673.95 (10% of contract amount, less allowance); and authorize the City Manager to execute the necessary documents.
Vote: 7 - 0 - Unanimously
E.
Consideration and Approval of Contract: Airport Wildlife Hazard Assessment and Wildlife Management Plan
Moved by Mayor Jerry Nabours, seconded by Councilmember Scott Overton to approve the contract in the amount of $113,329 with Coffman and Associates to perform a Wildlife Assessment and updated Wildlife Hazard Management Plan with the City of Flagstaff for the Flagstaff Airport.
Vote: 7 - 0 - Unanimously
F.
2016 City Manager Excellence Awards
City Manager Josh Copley came forward and presented the City Manager's Awards to the individuals indicated on Exhibit A, attached hereto and made a part hereof.
RECESS
The 4:00 p.m. portion of the Regular Meeting of December 6, 2016, recessed at 5:14 p.m. at which time a reception was held in the lobby for the recipients of the City Manager's Awards.
The 4:00 p.m. portion of the Regular Meeting of December 6, 2016, recessed at 5:14 p.m. at which time a reception was held in the lobby for the recipients of the City Manager's Awards.
6:00 P.M. MEETING
RECONVENE
Mayor Nabours reconvened the Regular Meeting of December 6, 2016, at 6:05 p.m.
Mayor Nabours reconvened the Regular Meeting of December 6, 2016, at 6:05 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
PRESENT:
| 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
Andy Fernandez, Flagstaff, came forward and honored his Father who had died on December 6, 2016.
13.
CARRY OVER ITEMS FROM THE 4:00 P.M. AGENDA
None
None
14.
PUBLIC HEARING ITEMS
A.
Public Hearing, Consideration and Adoption of 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.
Comprehensive Planning Manager Sara Dechter reviewed the chart that summarized the substantive changes. She said that it was important to remember that all plan amendments follow public process and are approved by Council. The differences between major and minor are mainly procedural.
1. City Council's Role
2. Specific Plans
3. Annual Report
4. Comprehensive Updates and New Elements
5. Amendments to Text and Maps
6. Standing to Submit Text Amendments
7. Amendments to Other Maps and Plan Content
8. Area and Place Type Guideline
9. Specific Plan Amendments
Vice Mayor Barotz said that what she was finding difficult was that back in 2011 she reviewed and approved the rewrite of the Zoning Code. She supported that, but when she sees it applied, it concerns her that there may be other unintended consequences arise from the changes being made.
Ms. Dechter said that the nature of unintended consequences is that they do not intend for them to happen. They did try and review this very thoroughly. Every lesson they have learned over the past two years has been taken into consideration with the amendments. They have done their due diligence. If something unintended comes up, they can always go back and look at it again.
10. Urban Growth Boundary
11. Area Type - Employment
12. Area Type - Special Districts
13. Area Type - Urban/Suburban/Rural
14. Area Type - Parks/Open Space
15. Place Type - Activity Centers
16. Place Type - Commercial Corridors
17. Text Amendments
Councilmember Putzova asked what document or plan identifies the natural and cultural resources to be considered under #13. Ms. Dechter said that the Regional Plan has an environmental chapter. They can consider that or any site specific information that comes forward. They can also look at Chapter 8, Community Character, and there is also a map of natural resources as part of the corporate data.
Councilmember Putzova asked about text amendments and if they were to add or delete a goal or policy. Ms. Dechter replied that if there was a proposal to change a policy and staff consensus was that it was significant enough that it deleted or added a new policy, staff would bring it forward as a Major Plan Amendment. They could come forward with a work session to get input from the commission or Council. Also, she said that there will be a need to make some changes in goals, as laws may change, and there will be some interpretation needed for that.
Councilmember Putzova asked if they could make it to where any change would require it going back to Council. Ms. Dechter said that she would be cautious because if a state law were to change and they needed to change it, it would require a Major Plan Amendment.
Vice Mayor Barotz asked for more clarification on #13 with regard to the acreage. Ms. Dechter explained the differences. She said that Ms. McKeller's comments wanted to ensure that rural areas were protected and this language expands that so that any change would be a Major Plan Amendment.
Councilmember Putzova said that she was not comfortable with #5 and would prefer it be removed and they vote on the rest.
Charlie Silver, Flagstaff, then came forward and stated that if the Regional Plan is advisory in nature and is enabled by the Zoning Code, he would ask why they have a Regional Plan.
Vice Mayor Barotz said that one of the reasons they do a Regional Plan is because the State requires it.
Councilmember Evans said that she totally appreciates this conversation as she has asked that before. She said that the State requires cities and towns to do this, but the State does not have a plan, and she believed that was problematic.
Councilmember Putzova said that as someone who sat on the Regional Plan Committee, she did not want to hear this was a pointless document. It is a document that is supposed to guide the Zoning Code and other regulations, to give direction to staff. The next step should be to determine if the Zoning Code and other codes actually implements the Regional Plan.
Councilmember Evans said that she did not think that planning documents are a waste of time. What they get is a frustration from the public because there is a disconnect between the Regional Plan and the Zoning Code. She said that there are also limitations on what can be changed because of Prop. 207.
1. City Council's Role
2. Specific Plans
3. Annual Report
4. Comprehensive Updates and New Elements
5. Amendments to Text and Maps
6. Standing to Submit Text Amendments
7. Amendments to Other Maps and Plan Content
8. Area and Place Type Guideline
9. Specific Plan Amendments
Vice Mayor Barotz said that what she was finding difficult was that back in 2011 she reviewed and approved the rewrite of the Zoning Code. She supported that, but when she sees it applied, it concerns her that there may be other unintended consequences arise from the changes being made.
Ms. Dechter said that the nature of unintended consequences is that they do not intend for them to happen. They did try and review this very thoroughly. Every lesson they have learned over the past two years has been taken into consideration with the amendments. They have done their due diligence. If something unintended comes up, they can always go back and look at it again.
10. Urban Growth Boundary
11. Area Type - Employment
12. Area Type - Special Districts
13. Area Type - Urban/Suburban/Rural
14. Area Type - Parks/Open Space
15. Place Type - Activity Centers
16. Place Type - Commercial Corridors
17. Text Amendments
Councilmember Putzova asked what document or plan identifies the natural and cultural resources to be considered under #13. Ms. Dechter said that the Regional Plan has an environmental chapter. They can consider that or any site specific information that comes forward. They can also look at Chapter 8, Community Character, and there is also a map of natural resources as part of the corporate data.
Councilmember Putzova asked about text amendments and if they were to add or delete a goal or policy. Ms. Dechter replied that if there was a proposal to change a policy and staff consensus was that it was significant enough that it deleted or added a new policy, staff would bring it forward as a Major Plan Amendment. They could come forward with a work session to get input from the commission or Council. Also, she said that there will be a need to make some changes in goals, as laws may change, and there will be some interpretation needed for that.
Councilmember Putzova asked if they could make it to where any change would require it going back to Council. Ms. Dechter said that she would be cautious because if a state law were to change and they needed to change it, it would require a Major Plan Amendment.
Vice Mayor Barotz asked for more clarification on #13 with regard to the acreage. Ms. Dechter explained the differences. She said that Ms. McKeller's comments wanted to ensure that rural areas were protected and this language expands that so that any change would be a Major Plan Amendment.
Councilmember Putzova said that she was not comfortable with #5 and would prefer it be removed and they vote on the rest.
Charlie Silver, Flagstaff, then came forward and stated that if the Regional Plan is advisory in nature and is enabled by the Zoning Code, he would ask why they have a Regional Plan.
Vice Mayor Barotz said that one of the reasons they do a Regional Plan is because the State requires it.
Councilmember Evans said that she totally appreciates this conversation as she has asked that before. She said that the State requires cities and towns to do this, but the State does not have a plan, and she believed that was problematic.
Councilmember Putzova said that as someone who sat on the Regional Plan Committee, she did not want to hear this was a pointless document. It is a document that is supposed to guide the Zoning Code and other regulations, to give direction to staff. The next step should be to determine if the Zoning Code and other codes actually implements the Regional Plan.
Councilmember Evans said that she did not think that planning documents are a waste of time. What they get is a frustration from the public because there is a disconnect between the Regional Plan and the Zoning Code. She said that there are also limitations on what can be changed because of Prop. 207.
Moved by Vice Mayor Celia Barotz, seconded by Councilmember Eva Putzova to read Resolution No. 2016-31 by title only, with the exception of removing item #13 (Area Types - Urban, Suburban, Rural).
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AMENDING THE FLAGSTAFF REGIONAL PLAN 2030 BY AMENDING CHAPTER 3 TO MODIFY THE DESCRIPTIONS OF CRITERIA FOR MAJOR PLAN AMENDMENTS, ACCURATELY DEFINE THE ROLE OF SPECIFIC PLANS, AND COMPLETE MISSING INFORMATION AND ESTABLISHING AN EFFECTIVE DATE
Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to adopt Resolution No. 2016-31, as amended (removing #13).
Vote: 7 - 0 - Unanimously
Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to continue the Public Hearing and further consideration of #13 of the resolution to the January 17, 2017, Council Meeting.
Vote: 7 - 0 - Unanimously
15.
REGULAR AGENDA
A.
Consideration and Approval of Leasing Options: at the Business Accelerator.
Business Attraction Manager Gail Jackson reviewed a PowerPoint which addressed the following:
HISTORY
Phase 1 - Incubator
Phase 2 - Innovation Mesa
Construction commenced July 2014
Temporary Certificate of Occupancy 07/15
Final Certificate of Occupancy 12/15
Serves as Secondary Emergency Operations Center
Silver LEED Certification
FUNDING
City of Flagstaff
Northern Arizona University
Arizona Commerce Authority
Economic Development Administration
BENEFITS OF LEASING OPTIONS
Assist businesses in making the transition
Encourage business development
Enhance outreach and increase occupancy
Long-term revenue benefit to City of Flagstaff
Like-minded businesses in space
Support business stay in Flagstaff
She said that the biotech companies would not have to leave the City because the facilities are right there. Once they get those businesses in there, oftentimes new businesses will spin off of it. Before this building was built, the incubator had businesses that did not have anywhere to land. Biotech companies need specialized lab spaces, so they left Flagstaff.
OPTIONS
Funding for subsidy would come from incentive fund
SAMPLE OUTREACH EFFORTS
Media/Advertising coverage
Video promotion
Speaking Engagements
Host a Group
Tour qualified future tenants
Scott Hathcock, CEO of NACET, said that they have leased 24.3% of the building. He said that one of their triggers is to be at 25% by the end of the year.
Councilmember Oravits said that he was an expert in commercial real estate and places are full. He said that there is very little vacancy in most well-run buildings. He asked what the plan was to fill it up, other than offering subsidies. Mr. Hathcock said that they have a new board and hopefully they will see changes. There is a lot more excitement around the community. He clarified that they were not in the business of renting space; they wer building a community.
Ms. Jackson said that they do have a co-working space now. They are trying to bring in more people to create energy. They are attending various trade shows. They are looking to grow companies, going to consumer electronic shows and biotech shows, to bring in businesses outside of the region.
She said that the office price includes space plus access to the amenities of the building such as two conference rooms, high-tech equipment, and business counseling.
Economic Vitality Director Heidi Hansen said that last year they had to put in $100,000 to subsidize. They started a marketing campaign where they were showing success of someone going through the incubator and bringing them into the accelerator. They helped them with brochures; they have done a lot of things. She noted that this was not regular commercial space; because of their grant, they can only let certain types of groups in there. She said that she understands his concern. They, too, want to fill the space. They are trying to encourage businesses that are leaving the incubator to move to the accelerator.
Councilmember Oravits said that in 2012 he said that it was a bad idea and it is still a bad idea.
Councilmember Evans thanked Mr. Hathcock and the board members, as well as staff that has been working long and hard. She does not own a lot of commercial, but she does operate an incubator, and she truly appreciates what they are doing. She said that there is a reason why they have the accelerator. She said that there were a few businesses that graduated from the incubator and left Flagstaff. There is a need for this and she felt it was extremely valuable. She has talked with businesses last week that are looking to do some spin off opportunities.
Councilmember Evans said that if businesses are looking to be successful, this is an opportunity for that. They need to be specific with businesses going in there. There are some that are not suitable.The concept of the accelerator is to find those businesses that are technology and science-based, the type they want in Flagstaff to get the types of jobs they need.
Councilmember Overton said that he is in the middle of the two. He thinks it was a good leveraged investment to participate in the EDA grant to complete the accelerator. The troublesome part for him is that this is just operational costs. If they were very conservative with how those numbers looked, between changes in board leadership and the CEO, those cannot be excuses. They do not have the time or energy to rest long; he thinks it can be a successful project. The investment is sound. Now it is a matter of proving what they think they can do.
He said that he was going to be hard pressed to look at a a flat contribution. He would be open to a discussion with leadership to discuss what other mechanisms are available that may be more successful.
HISTORY
Phase 1 - Incubator
Phase 2 - Innovation Mesa
Construction commenced July 2014
Temporary Certificate of Occupancy 07/15
Final Certificate of Occupancy 12/15
Serves as Secondary Emergency Operations Center
Silver LEED Certification
FUNDING
City of Flagstaff
Northern Arizona University
Arizona Commerce Authority
Economic Development Administration
BENEFITS OF LEASING OPTIONS
Assist businesses in making the transition
Encourage business development
Enhance outreach and increase occupancy
Long-term revenue benefit to City of Flagstaff
Like-minded businesses in space
Support business stay in Flagstaff
She said that the biotech companies would not have to leave the City because the facilities are right there. Once they get those businesses in there, oftentimes new businesses will spin off of it. Before this building was built, the incubator had businesses that did not have anywhere to land. Biotech companies need specialized lab spaces, so they left Flagstaff.
OPTIONS
Funding for subsidy would come from incentive fund
SAMPLE OUTREACH EFFORTS
Media/Advertising coverage
Video promotion
Speaking Engagements
Host a Group
Tour qualified future tenants
Scott Hathcock, CEO of NACET, said that they have leased 24.3% of the building. He said that one of their triggers is to be at 25% by the end of the year.
Councilmember Oravits said that he was an expert in commercial real estate and places are full. He said that there is very little vacancy in most well-run buildings. He asked what the plan was to fill it up, other than offering subsidies. Mr. Hathcock said that they have a new board and hopefully they will see changes. There is a lot more excitement around the community. He clarified that they were not in the business of renting space; they wer building a community.
Ms. Jackson said that they do have a co-working space now. They are trying to bring in more people to create energy. They are attending various trade shows. They are looking to grow companies, going to consumer electronic shows and biotech shows, to bring in businesses outside of the region.
She said that the office price includes space plus access to the amenities of the building such as two conference rooms, high-tech equipment, and business counseling.
Economic Vitality Director Heidi Hansen said that last year they had to put in $100,000 to subsidize. They started a marketing campaign where they were showing success of someone going through the incubator and bringing them into the accelerator. They helped them with brochures; they have done a lot of things. She noted that this was not regular commercial space; because of their grant, they can only let certain types of groups in there. She said that she understands his concern. They, too, want to fill the space. They are trying to encourage businesses that are leaving the incubator to move to the accelerator.
Councilmember Oravits said that in 2012 he said that it was a bad idea and it is still a bad idea.
Councilmember Evans thanked Mr. Hathcock and the board members, as well as staff that has been working long and hard. She does not own a lot of commercial, but she does operate an incubator, and she truly appreciates what they are doing. She said that there is a reason why they have the accelerator. She said that there were a few businesses that graduated from the incubator and left Flagstaff. There is a need for this and she felt it was extremely valuable. She has talked with businesses last week that are looking to do some spin off opportunities.
Councilmember Evans said that if businesses are looking to be successful, this is an opportunity for that. They need to be specific with businesses going in there. There are some that are not suitable.The concept of the accelerator is to find those businesses that are technology and science-based, the type they want in Flagstaff to get the types of jobs they need.
Councilmember Overton said that he is in the middle of the two. He thinks it was a good leveraged investment to participate in the EDA grant to complete the accelerator. The troublesome part for him is that this is just operational costs. If they were very conservative with how those numbers looked, between changes in board leadership and the CEO, those cannot be excuses. They do not have the time or energy to rest long; he thinks it can be a successful project. The investment is sound. Now it is a matter of proving what they think they can do.
He said that he was going to be hard pressed to look at a a flat contribution. He would be open to a discussion with leadership to discuss what other mechanisms are available that may be more successful.
Councilmember Oravits asked what would happen if they sold the building-- if they would have to give the money back. Grants Manager Stacey Brechler-Knaggs said that currently they have entered into covenant use. They cannot sell, lease or mortgage the property unless they reimburse the $4 million. Right now it is a 20-year useful life.
City Manager Josh Copley said that he sits as an ex-officio member on the board and the board does her the City's perspective. Over the last few months he has been signing more leases. There has been some retooling on the board and a shift in leadership. Ms. Hansen, Mr. McIntire and Ms. Jackson have been providing an infusion of more direct involvement of city staff.
Councilmember Evans suggested that they come back with some of the success stories and equate those into dollars and number of employees hired.
Councilmember Putzova said that in thinking about an accelerator being part of a long-term strategy, she does not think they have had enough time; it would be premature to be changing course at this time. She thought they should really consider approving these leasing options and move forward. The economy has changed and they have new leadership. It is worth putting more time into the strategy.
Councilmember Brewster said that she knew the intent of the building was for Tier 2 companies. She asked if there was anything in the lease that says they cannot rent to other companies. Ms. Jackson said that the lease says that the companies they are looking to attract are STEM based. They also reached out to the EDA to see if they could expand that effort. They have to fall within the science parameter.
Rich Bowen came forward and said that he would not be at the meeting next week. He wanted to offer his thanks for the Council's leadership and support over the years. Talking as Chairman of the NACET Board, said that in July they went through a restrucring process to reenergize the program and they brought in Scott Hathcock who has been very active, and they have new board members.
Brief discussion was held on the actual proposed incentives. Mr. Bowen said that some of them are generous, but they need to be recruiting the right kind of companies that will provide the right type of return--that pays the City and the citizens for that investment into their company.
Mr. Hathcock said that overall in the last few months they have seen a great change in attitude. They just hosted the cloud team from Oracle. They had their conference in the accelerator and during that time members of the local community and business people got to come and learn about that. He said that a great example was with Simple Surgical who moved away from Flagstaff and saw the benefit of coming back. He is bringing attention from his California network of clients to come in and see Flagstaff.
City Manager Josh Copley said that he sits as an ex-officio member on the board and the board does her the City's perspective. Over the last few months he has been signing more leases. There has been some retooling on the board and a shift in leadership. Ms. Hansen, Mr. McIntire and Ms. Jackson have been providing an infusion of more direct involvement of city staff.
Councilmember Evans suggested that they come back with some of the success stories and equate those into dollars and number of employees hired.
Councilmember Putzova said that in thinking about an accelerator being part of a long-term strategy, she does not think they have had enough time; it would be premature to be changing course at this time. She thought they should really consider approving these leasing options and move forward. The economy has changed and they have new leadership. It is worth putting more time into the strategy.
Councilmember Brewster said that she knew the intent of the building was for Tier 2 companies. She asked if there was anything in the lease that says they cannot rent to other companies. Ms. Jackson said that the lease says that the companies they are looking to attract are STEM based. They also reached out to the EDA to see if they could expand that effort. They have to fall within the science parameter.
Rich Bowen came forward and said that he would not be at the meeting next week. He wanted to offer his thanks for the Council's leadership and support over the years. Talking as Chairman of the NACET Board, said that in July they went through a restrucring process to reenergize the program and they brought in Scott Hathcock who has been very active, and they have new board members.
Brief discussion was held on the actual proposed incentives. Mr. Bowen said that some of them are generous, but they need to be recruiting the right kind of companies that will provide the right type of return--that pays the City and the citizens for that investment into their company.
Mr. Hathcock said that overall in the last few months they have seen a great change in attitude. They just hosted the cloud team from Oracle. They had their conference in the accelerator and during that time members of the local community and business people got to come and learn about that. He said that a great example was with Simple Surgical who moved away from Flagstaff and saw the benefit of coming back. He is bringing attention from his California network of clients to come in and see Flagstaff.
A break was taken from 7:41 p.m. to 7:52 p.m.
Moved by Councilmember Eva Putzova, seconded by Councilmember Karla Brewster to approve leasing options at the Business Accelerator to increase tenant occupancy.
Vote: 4 - 3
- NAY:
-
Mayor Jerry Nabours
Councilmember Jeff Oravits
Councilmember Scott Overton
B.
Consideration and Approval of Final Plat request by Capstone Homes, on behalf of Pinnacle Devco Ltd., for the subdivision of approximately 6.74 acres into 49 single-family residential townhouse lots located at 3215 S Hannah Lane within the Medium Density Residential (MR) zone.
Planning Development Manager Brian Kulina reviewed the final plat for the final phase of Pinnacle Pines. He explained that in 2005 there was a rezoning and Preliminary Plat for the entire subdivision, and they split it into two units at that time. Unit 1 built 109 lots and Unit 2 was phased in with 3 sections.
Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to approve the final plat and authorizing the Mayor to sign both the final plat and City/Subdivider Agreement when notified by the Inter-Department Staff (IDS) that all conditions have been met and documents are ready for recordation.
Vote: 7 - 0 - Unanimously
C.
Consideration and Approval of Map of Dedication request by Gammage & Burnham PLC, on behalf of Core Campus Flagstaff, LLC, for the dedication of necessary easements and right-of-way associated with the development of a 198 dwelling unit mixed-use multi-family development on approximately 2.43 acres located at 23 S Mikes Pike within the T4 Neighborhood 1 - Open (T4N.1-O) and T5 Main Street (T5) transect zones.
Mr. Kulina reviewed the request for dedication and necessary easements and rights-of-way for the Hub development. He then reviewed each of the locations. He said that the dedication is in accordance with the plans approved for construction. He said that while they are tied to this project, they are not unique. Any type of development would require these same things.
Mr. Kulina said that this dedication does not immediately allow building. It still requires the civil plan reviews, which will take a few months. He said that is what gives the developer the right to work, but they like to have these before they provide permission to work in the right-of-way.
Councilmember Putzova asked if there is any implication for the City's liability when they accept this. Mr. Solomon said that was more of a legal question and he would prefer that they go into executive session for further discussion. He said that he could provide more information in a memo; Councilmember Putzova said that she would like that, to have a better understanding on the City's assumption of liability.
Mr. Kulina said that this dedication does not immediately allow building. It still requires the civil plan reviews, which will take a few months. He said that is what gives the developer the right to work, but they like to have these before they provide permission to work in the right-of-way.
Councilmember Putzova asked if there is any implication for the City's liability when they accept this. Mr. Solomon said that was more of a legal question and he would prefer that they go into executive session for further discussion. He said that he could provide more information in a memo; Councilmember Putzova said that she would like that, to have a better understanding on the City's assumption of liability.
Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to approve the map of dedication and the authorizing of the Mayor to sign the map of dedication when notified by the Inter-Division Staff (IDS) team that all conditions have been met and documents are ready for recordation
Vote: 6 - 1
- NAY:
-
Councilmember Eva Putzova
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.
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.
None
18.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
None
None
19.
ADJOURNMENT
The Flagstaff City Council meeting of December 6, 2016, adjourned at 8:05 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 December 6, 2016. I further certify that the Meeting was duly called and held and that a quorum was present.
DATED this 7th day of February, 2017. ________________________________
CITY CLERK |
|