WORK SESSION
TUESDAY, MARCH 14, 2017
COUNCIL CHAMBERS
211 WEST ASPEN AVENUE
6:00 P.M.
TUESDAY, MARCH 14, 2017
COUNCIL CHAMBERS
211 WEST ASPEN AVENUE
6:00 P.M.
WORK SESSION
1.
CALL TO ORDER
Mayor Evans called the meeting of March 14, 2017, to order at 6:00 p.m.
Mayor Evans called the meeting of March 14, 2017, to order 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).
2.
Pledge of Allegiance and Mission Statement
The Council and audience recited the Pledge of Allegiance and Councilmember McCarthy read the Mission Statement of the City of Flagstaff.
The Council and audience recited the Pledge of Allegiance and Councilmember McCarthy read the Mission Statement of the City of Flagstaff.
MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
3.
ROLL CALL
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: MAYOR EVANS VICE MAYOR WHELAN COUNCILMEMBER BAROTZ COUNCILMEMBER MCCARTHY COUNCILMEMBER ODEGAARD COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: NONE |
Others present: Deputy City Manager Barbara Goodrich and Deputy City Attorney Kevin Fincel.
4.
Preliminary Review of Draft Agenda for the March 21, 2017, City Council Meeting.*
* Public comment on draft agenda items may be taken under “Review of Draft Agenda Items” later in the meeting, at the discretion of the Mayor. Citizens wishing to speak on agenda items not specifically called out by the City Council for discussion under the second Review section may submit a speaker card for their items of interest to the recording clerk.
None
None
5.
Public Participation
Public Participation enables the public to address the council about items that are not on the prepared agenda. Public Participation appears on the agenda twice, at the beginning and at the end of the work session. You may speak at one or the other, but not both. Anyone wishing to comment at the meeting is asked to fill out a speaker card and submit it to the recording clerk. When the item comes up on the agenda, your name will be called. 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 to have 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 items that are not on the prepared agenda. Public Participation appears on the agenda twice, at the beginning and at the end of the work session. You may speak at one or the other, but not both. Anyone wishing to comment at the meeting is asked to fill out a speaker card and submit it to the recording clerk. When the item comes up on the agenda, your name will be called. 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 to have 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.
Recognition Welcoming International Athletes.
Deputy City Manager Barbara Goodrich introduced CEO of HYPO2 Shawn Anthony who provided a brief introduction of Japanese swimmer Rie Kaneto who has trained in Flagstaff for many years.
The Mayor and City Council recognized Rie Kaneto. Ms. Kaneto has trained in Flagstaff over the last ten years and won an Olympic gold medal in the 200 meter breast stroke in the 2016 Rio de Janeiro games.
Ms. Kaneto addressed the Council thanking them for inviting her. She explained that it is not easy to train at the high altitude of Flagstaff but the training is good and the accomplishment after the training is proof of that. Flagstaff has many different facilities, the environment is very nice and the view of the San Francisco Peaks is amazing. She is very appreciative to Flagstaff for its hospitality and training opportunities.
Ms. Kaneto presented the City Council with a special commemorative glass from the 2016 Olympics with her signature as a gold medal Olympian.
Councilmember Putzova asked Mr. Anthony how many gold medalists have trained in Flagstaff. Mr. Anthony stated that 213 athletes have trained in Flagstaff and there were 36 gold medals in the last Olympics from athletes that trained in Flagstaff.
The Mayor and City Council recognized Rie Kaneto. Ms. Kaneto has trained in Flagstaff over the last ten years and won an Olympic gold medal in the 200 meter breast stroke in the 2016 Rio de Janeiro games.
Ms. Kaneto addressed the Council thanking them for inviting her. She explained that it is not easy to train at the high altitude of Flagstaff but the training is good and the accomplishment after the training is proof of that. Flagstaff has many different facilities, the environment is very nice and the view of the San Francisco Peaks is amazing. She is very appreciative to Flagstaff for its hospitality and training opportunities.
Ms. Kaneto presented the City Council with a special commemorative glass from the 2016 Olympics with her signature as a gold medal Olympian.
Councilmember Putzova asked Mr. Anthony how many gold medalists have trained in Flagstaff. Mr. Anthony stated that 213 athletes have trained in Flagstaff and there were 36 gold medals in the last Olympics from athletes that trained in Flagstaff.
7.
Flagstaff Arts Council - Annual Update
Community Design and Redevelopment Manager Karl Eberhard introduced Executive Director of the Flagstaff Arts Council John Tannous.
Mr. Tannous introduced the Flagstaff Arts Council Board of Directors and provided a PowerPoint presentation that covered the following:
ANNUAL REPORT
ARTS & SCIENCES
AGREEMENT FOR SERVICES
FIRES OF CHANGE
COCONINO CENTER FOR THE ARTS
VIOLA AWARDS
THE ARTBOX INSTITUTE
OTHER PROGRAMS
ART & SCIENCE FUND GRANTS
ECONOMIC IMPACT
THANK YOU!
FOR MORE INFORMATION
Councilmember Barotz thanked Mr. Tannous for the presentation and for the excellent work that the Flagstaff Arts Council does.
Mr. Tannous introduced the Flagstaff Arts Council Board of Directors and provided a PowerPoint presentation that covered the following:
ANNUAL REPORT
ARTS & SCIENCES
AGREEMENT FOR SERVICES
FIRES OF CHANGE
COCONINO CENTER FOR THE ARTS
VIOLA AWARDS
THE ARTBOX INSTITUTE
OTHER PROGRAMS
ART & SCIENCE FUND GRANTS
ECONOMIC IMPACT
THANK YOU!
FOR MORE INFORMATION
Councilmember Barotz thanked Mr. Tannous for the presentation and for the excellent work that the Flagstaff Arts Council does.
8.
Indigenous Community Forum Update
Interim Assistant to the City Manager Gail Jackson introduced the facilitator for the Indigenous Community Forums Dr. Chris Jocks. Dr. Jocks provided a PowerPoint presentation that covered the following:
INDIGENOUS COMMUNITY FORUMS
OUTLINE
OVERVIEW
UNPRECEDENTED TERRITORY
PREVIOUS FORUMS, WITH A FEW SELECT HIGHLIGHTS
INDIGENOUS COMMUNITY FORUMS
OUTLINE
OVERVIEW
UNPRECEDENTED TERRITORY
PREVIOUS FORUMS, WITH A FEW SELECT HIGHLIGHTS
NOVEMBER 16: YOUTH AND EDUCATION
NOVEMBER 30: HOMELESSNESS
FEBRUARY 8: OUR ELDERS
MARCH 1: ECONOMIC DEVELOPMENT
NOVEMBER 30: HOMELESSNESS
FEBRUARY 8: OUR ELDERS
MARCH 1: ECONOMIC DEVELOPMENT
PREVIEW OF FINAL FORUMS
APRIL 5: POLICE & CRIMINAL JUSTICE
MAY 3: ENVIRONMENTAL JUSTICE
MAY 3: ENVIRONMENTAL JUSTICE
NEXT AND FUTURE PHASES
ORGANIZING THE RESPONSE
WHAT LONG-LASTING STRUCTURE WILL WE CREATE TO CONTINUE THIS
RELATIONSHIP?
Dr. Jocks asked if they could begin by shaking hands with the Mayor and Council. Council came down and shook hands with the members of the Indigenous Circle group. Dr. Jocks asked the members of the Indigenous Circle group to provide comments to the Council regarding their work with the forums.
Rose Toehe addressed Council and stated that as an indigenous woman and a member of a matriarchal society she felt it important to voice some of the concerns and issues regarding the indigenous people of Flagstaff. She thanked the Council for their time and for attending the forums. The group has been working to address a lot of the issues and she is happy to be a part of that process. She is proud to have been a part of the early cultural sensitivity training development done with the Flagstaff Police Department. The curriculum has been requested from valley agencies and boarder town agencies. Some of the work has been started but there is still a lot to be done and to address, but there is movement in the right direction.
Daryl Marks addressed Council and stated that as things move forward it is important to recognize that this has been a conversation that the indigenous community has been having with the City for many years. One of the things that is very important to recognize and identify with is that the work that has been done by the community members over many years is something that should be respected and built upon. The forums have been insightful for the entire community to see that the Council has been willing to be a participant in the discussion and think about different ways they can have their own discussions. The discussions and the understanding will strengthen the community and build relationships with the parties.
Marney Vail thanked the Council for allowing the group to provide an update and for participating in the forums. Working with the Indigenous Circle group and the Truth and Reconciliation Coalition of Northern Arizona she is hopeful to continue the process of these conversations and making a historical record of the stories.
Councilmember Barotz thanked the group for their presentation. She stated that she was not surprised personally by what she heard but was incredibly touched with the honesty. She heard a lot of pain and she felt that the candor was critical to the whole conversation because part of what underlies the forums is the sense of feeling unheard. It is so important to give everybody an opportunity to speak and be heard. She asked if there was anything that the group heard through the process that was surprising.
Cora Max Phillips stated that what she has heard about and what she has personally experienced through her work, nothing surprises her about what goes on in the world. She appreciated the honesty and the candor and people coming forward; these comments and experiences will put more substantiated meaning into the forums.
Ms. Vail stated that she was not surprised at much of it but as a white person she has been surprised at her own awakening and what she has to learn from the indigenous people and the things she needs to sort out about herself.
Mr. Marks offered that he was surprised to see that there is a continual infliction of pain that a lot of the community members are still suffering through. He was also surprised by knowing a lot of indigenous community members have been doing work to reconcile and bring about a peace of mind and continue to be contributing participants in the community. The participation in these forums is great and the hope is that the conversations will reach listening ears to help reshape the experiences of future generations.
Councilmember Putzova thanked the group and stated that there has been so much effort and time put into the forums. The effort began in January of 2016 and the first forum was in November of 2016; it is a huge effort and a lot of planning and preparation. There has been a lot of thought put into the organization of the forums and they keep evolving in the formats and how the conversations are facilitated. It is important to continue to keep hearing what is happening in the indigenous community.
Vice Mayor Whelan offered her thanks and stated that it takes great courage, wisdom and thoughtfulness to walk through this process together and not instantly jumping into the answer. The group has pushed against that and has insisted that time is taken to be mindful of the process. It is truly an honor to participate in the process and she hopes that the conversations do not end.
Councilmember Odegaard offered his thanks to the group and he thanked staff for their work and participation as well. He is excited to see what will come from the process.
Councilmember Barotz stated that one of the themes has been visibility versus invisibility and being heard, not just individually but on a cultural level. She indicated that she would like to see some of that perspective injected into the Beautification and Public Art Commission process.
Councilmember McCarthy stated that sometimes the journey itself is more important than where it ends. People are talking with each other and issues and views are being heard; the process is moving in a very positive way.
Mayor Evans offered thanks to everyone involved for their hard work. The dialog that she has heard has a lot to do with things that have happened in the past and continue to happen. She hopes that these are things that can be addressed and a path forward developed to end some of the historical issues and move forward in a more holistic manner.
9.
Domestic Violence Case Processes Presentation
Deputy Police Chief Dan Musselman introduced Police Detectives Ryan Turley and Todd Martinet, Jennifer Runge with the Northern Arizona Center for Services After Assault, City Prosecutor Brent Harris, Deborah Fresquez with Victim Witness Services for Coconino County and member of the Domestic Violence Fatality Review Board and Court Administrator Jessica Cortes. Deputy Chief Musselman provided a PowerPoint presentation that covered the following:
DOMESTIC VIOLENCE CASE PROCESSES
Ms. Cortes continued the presentation.
ORDER OF PROTECTION
ORDER OF PROTECTION PROCESS
Mayor Evans asked where the Order of Protection Petitions are available. Ms. Cortes stated that they are available at the Justice Court, Superior Court and the Municipal Court and they are also available online. The petitions are available in many different languages.
Detective Turley and Detective Martinet continued the presentation.
FLAGSTAFF POLICE DEPARTMENT SERVICE
FLAGSTAFF POLICE DEPARTMENT EFFICIENCIES AND SAFEGUARDS
Vice Mayor Whelan asked the typical time it takes to serve an Order. Deputy Chief Musselman stated that it takes 2.5 days on average to provide service. There were 101 Orders of Protection served in 2015 and 86 in 2016.
Mayor Evans asked what happens if someone has an Order of Protection and police are called to a house because the defendant is there but the service has not yet occurred. Detective Turley explained that an Order of Protection only counts when it has been served on the defendant. Officers will attempt to locate the Order or if the plaintiff has the copy it can be served at that moment; if no other crime has been committed and the defendant has not been served yet the police are unable to remove them. Mayor Evans asked if the victim is notified once an Order of Protection has been served to which Detective Turley answered yes.
Vice Mayor Whelan asked why a service is not used to serve the Orders. Detective Turley explained that a plaintiff has an option for a process server but the police generally do them and they do them for free whereas the process server charges a fee.
Councilmember McCarthy stated that Orders of Protection are generally for family members and other defined relations; he asked if there are situations outside of that where an Order of Protection can be used. Detective Turley stated that an Injunction Against Harassment is an option for things that are outside the relationship status categories; for example, a neighbor that is harassing another neighbor.
Mayor Evans asked if the Orders of Protection that have been signed by a judge are available electronically so officers can pull it up on some kind of system. Detective Turley stated that there is a system that officers can check that shows there is a process service that needs to be served but there is not an electronic system of pending Orders. Once the Order has been served it goes into a national system so any officer, regardless of location, will know there is an Order against a person.
Ms. Cortes added that Victim Witness has been very helpful in working with victims through the process so they understand what and how things happen.
Ms. Cortes continued the presentation.
CONTESTING THE ORDER OF PROTECTION
FOLLOWING A DOMESTIC VIOLENCE CASE THROUGH THE JUSTICE SYSTEM
Mr. Harris continued the presentation.
DOMESTIC VIOLENCE CASE PROCESS
NON-INTIMATE DOMESTIC VIOLENCE INCIDENTS
POSSIBLE DELAYS IN DOMESTIC VIOLENCE CASE PROGRESSION
DOMESTIC VIOLENCE AND SUBPOENA SERVICE
Vice Mayor Whelan asked Ms. Fresquez if there are things that the City can do to make the process work better. Ms. Fresquez explained that the near-death cases reviewed by the Fatality Review Board will now be going to the Family Violence Center and they also go to the Governor’s office for review. The Flagstaff community and the Police Department have been very proactive. Flagstaff was involved in a test study not too long ago where there was a safety assessment done; there were 22 red flags and all of them were addressed and completed. While additional funding is always nice, there is a lot of good change happening in the community. Mr. Harris added that there are great partners in the community with the same goal of early intervention through education and providing tools to hopefully avoid the felony and near-death cases.
DOMESTIC VIOLENCE CASE PROCESSES
Ms. Cortes continued the presentation.
ORDER OF PROTECTION
ORDER OF PROTECTION PROCESS
Mayor Evans asked where the Order of Protection Petitions are available. Ms. Cortes stated that they are available at the Justice Court, Superior Court and the Municipal Court and they are also available online. The petitions are available in many different languages.
Detective Turley and Detective Martinet continued the presentation.
FLAGSTAFF POLICE DEPARTMENT SERVICE
FLAGSTAFF POLICE DEPARTMENT EFFICIENCIES AND SAFEGUARDS
Vice Mayor Whelan asked the typical time it takes to serve an Order. Deputy Chief Musselman stated that it takes 2.5 days on average to provide service. There were 101 Orders of Protection served in 2015 and 86 in 2016.
Mayor Evans asked what happens if someone has an Order of Protection and police are called to a house because the defendant is there but the service has not yet occurred. Detective Turley explained that an Order of Protection only counts when it has been served on the defendant. Officers will attempt to locate the Order or if the plaintiff has the copy it can be served at that moment; if no other crime has been committed and the defendant has not been served yet the police are unable to remove them. Mayor Evans asked if the victim is notified once an Order of Protection has been served to which Detective Turley answered yes.
Vice Mayor Whelan asked why a service is not used to serve the Orders. Detective Turley explained that a plaintiff has an option for a process server but the police generally do them and they do them for free whereas the process server charges a fee.
Councilmember McCarthy stated that Orders of Protection are generally for family members and other defined relations; he asked if there are situations outside of that where an Order of Protection can be used. Detective Turley stated that an Injunction Against Harassment is an option for things that are outside the relationship status categories; for example, a neighbor that is harassing another neighbor.
Mayor Evans asked if the Orders of Protection that have been signed by a judge are available electronically so officers can pull it up on some kind of system. Detective Turley stated that there is a system that officers can check that shows there is a process service that needs to be served but there is not an electronic system of pending Orders. Once the Order has been served it goes into a national system so any officer, regardless of location, will know there is an Order against a person.
Ms. Cortes added that Victim Witness has been very helpful in working with victims through the process so they understand what and how things happen.
Ms. Cortes continued the presentation.
CONTESTING THE ORDER OF PROTECTION
FOLLOWING A DOMESTIC VIOLENCE CASE THROUGH THE JUSTICE SYSTEM
Mr. Harris continued the presentation.
DOMESTIC VIOLENCE CASE PROCESS
NON-INTIMATE DOMESTIC VIOLENCE INCIDENTS
POSSIBLE DELAYS IN DOMESTIC VIOLENCE CASE PROGRESSION
DOMESTIC VIOLENCE AND SUBPOENA SERVICE
Vice Mayor Whelan asked Ms. Fresquez if there are things that the City can do to make the process work better. Ms. Fresquez explained that the near-death cases reviewed by the Fatality Review Board will now be going to the Family Violence Center and they also go to the Governor’s office for review. The Flagstaff community and the Police Department have been very proactive. Flagstaff was involved in a test study not too long ago where there was a safety assessment done; there were 22 red flags and all of them were addressed and completed. While additional funding is always nice, there is a lot of good change happening in the community. Mr. Harris added that there are great partners in the community with the same goal of early intervention through education and providing tools to hopefully avoid the felony and near-death cases.
10.
Discussion of 2017 Zoning Code Text Amendments
Planning Development Manager Brian Kulina provided a PowerPoint presentation that
2017 ZONING CODE AMENDMENTS
INTRODUCTION
SCHEDULE
PREVIOUS AMENDMENTS
PROPOSED AMENDMENTS
P&Z COMMISSION RECOMMENDATIONS
PUBLIC NOTICE/COMMENT
Mr. Kulina reviewed the proposed amendments.
ADA PARKING
Vice Mayor Whelan stated that her concern is with the vehicles that carry an adaptive piece of equipment on the back; while the vehicle itself will fit into the space the equipment may not. She also stated that she would like to see the Zoning Code reflect a person first philosophy such as persons with disabilities.
Mr. Kulina stated that the challenge with a 20-foot parking stall is when people are trying to retro-fit ADA parking into an existing lot and spaces are limited; 18 feet spaces are difficult and 20 feet is even more challenging. Understanding the accessible equipment on the back end, 18 feet is rather large but if the Council’s wish is to go to 20 feet staff can made that modification. With regard to the language in the code, it would have to be a separate amendment and could come on the heels of the change in the name of the Commission on Disability Awareness.
Councilmember Barotz asked if the Commission on Disability Awareness has been consulted on the amendments. Mr. Kulina stated that he would reach out to the Commission for formal input; he has been in communication with many of the commissioners individually and the main concern is the width of the space. Councilmember Barotz added that staff should be utilizing all City Commissions as often and necessary as possible to allow them an opportunity to weigh in.
ACCESSORY DWELLING UNITS
Councilmember McCarthy pointed out that in the first new paragraph it states that an attached Accessory Dwelling Unit (ADU) has a common wall or roof structure but the table states that an attached ADU shall share a wall; he asked if roof structure should be added. Mr. Kulina agreed.
Councilmember McCarthy asked about the access to a common area in a primary dwelling and if this access did not exist it would be a standalone unit. Mr. Kulina explained that the connection into the main house is what the Building Code uses to distinguish between one house or two units.
Councilmember McCarthy suggested adding a statement that the living and sleeping spaces of an ADU could be in the same room.
PLACES OF WORSHIP
Councilmember McCarthy offered concern about inadequate parking and suggested that the Planning Department look at that more and determine how to know if the standard is adequate and reasonable. Mr. Kulina stated that one space per 60 gross square feet in the main sanctuary is the standard that was in the Land Development Code for a church for the last forty years and there have not been any issues. It is also the standard used for most cities in Arizona.
Councilmember McCarthy asked if the definition of toxic use is so restrictive that it must include death. Mr. Kulina explained that he searched through a number of zoning codes that are subject to the state law and none of them had a definition of toxic use. He ultimately looked at the general definition of toxic and applied it to land use. If there are some suggestions on how to make the definition clearer, he is open to that.
Councilmember McCarthy suggested adding “or significantly negatively affects the actions of vital functions." Councilmember Barotz suggested using “or significantly impairs.” Councilmember Putzova suggested that staff consult with a scientist as there may be a scientific reason behind the definition of toxic and there may be different levels of toxicity.
LOT WIDTH
Councilmember McCarthy indicated that there is confusion about the allowable set back line and the actual set back line. Mr. Kulina stated that it is easy to define the lot width in a development that already has houses because the set back line is established; in a new sub-division, trying to establish the lot width is very difficult because it is not yet known where the house is going to be placed. All there is to go on is that the house must be at least 15 feet from the street.
Mayor Evans stated that she is in favor of Option 2. The issue is going to be more problematic going forward and some neighborhoods will be impacted.
Councilmember Putzova stated that with subdivisions the houses are all lined up along the street but not necessarily positioned to enhance the exposure to the sun for energy efficiency. She asked if the energy efficient orientation of the building is included in the City standards. Mr. Kulina stated that when a new development comes into the City, part of the application process is a Site Analysis. Part of the analysis is the developer mapping the movement of the sun in relation to the property to help them consider solar access, snow melting and other things. The City does not have standards to require placement of buildings to capture solar.
Councilmember Putzova offered that if there was a standard that prioritizes the energy efficiency of a building then on one street there are buildings that have different positions. She asked how that can be accomplished while also meeting the standards. The standards prioritize the esthetic look of the sub-division over the efficiency of each structure. She asked if there is any thinking about adjusting the standards to provide more flexibility. Mr. Kulina offered that when standards are written as minimums the minimum is likely what is going to done most often; Council would have to discuss changes to the Zoning Code to help further the potential for alternative energy options.
Councilmember Overton stated that lot splits are the City’s last tools for better land use and tinkering with the mid-points creates a hardship. This is one that typically does not get biased; Silver Spruce was an exception. He does not believe that there is a happy medium and would be in favor of leaving it the way that it is. Councilmember Putzova agreed stating that the amendment is being driven by the one instance.
A majority of Council agreed to not move forward with the Lot Width amendment.
Councilmember Overton asked if there would be any new insurance requirements with the amendment. Community Development Director Mark Landsiedel offered that FEMA determines the flood insurance rate maps and that impacts the flood insurance someone may have to obtain; this is a different layer of regulation and there would be no change in insurance requirements. Mr. Kulina added that the Rural Floodplain Map is important to the City because the more property that is designated Rural Floodplain the Citywide flood insurance goes down.
Joan Martini addressed Council with concerns about building height, snow melt from neighboring properties should the setback be reduced and rights of a non-conforming property owner.
covered the following:
2017 ZONING CODE AMENDMENTS
INTRODUCTION
SCHEDULE
PREVIOUS AMENDMENTS
PROPOSED AMENDMENTS
P&Z COMMISSION RECOMMENDATIONS
PUBLIC NOTICE/COMMENT
Mr. Kulina reviewed the proposed amendments.
ADA PARKING
Vice Mayor Whelan stated that her concern is with the vehicles that carry an adaptive piece of equipment on the back; while the vehicle itself will fit into the space the equipment may not. She also stated that she would like to see the Zoning Code reflect a person first philosophy such as persons with disabilities.
Mr. Kulina stated that the challenge with a 20-foot parking stall is when people are trying to retro-fit ADA parking into an existing lot and spaces are limited; 18 feet spaces are difficult and 20 feet is even more challenging. Understanding the accessible equipment on the back end, 18 feet is rather large but if the Council’s wish is to go to 20 feet staff can made that modification. With regard to the language in the code, it would have to be a separate amendment and could come on the heels of the change in the name of the Commission on Disability Awareness.
Councilmember Barotz asked if the Commission on Disability Awareness has been consulted on the amendments. Mr. Kulina stated that he would reach out to the Commission for formal input; he has been in communication with many of the commissioners individually and the main concern is the width of the space. Councilmember Barotz added that staff should be utilizing all City Commissions as often and necessary as possible to allow them an opportunity to weigh in.
ACCESSORY DWELLING UNITS
Councilmember McCarthy pointed out that in the first new paragraph it states that an attached Accessory Dwelling Unit (ADU) has a common wall or roof structure but the table states that an attached ADU shall share a wall; he asked if roof structure should be added. Mr. Kulina agreed.
Councilmember McCarthy asked about the access to a common area in a primary dwelling and if this access did not exist it would be a standalone unit. Mr. Kulina explained that the connection into the main house is what the Building Code uses to distinguish between one house or two units.
Councilmember McCarthy suggested adding a statement that the living and sleeping spaces of an ADU could be in the same room.
PLACES OF WORSHIP
Councilmember McCarthy offered concern about inadequate parking and suggested that the Planning Department look at that more and determine how to know if the standard is adequate and reasonable. Mr. Kulina stated that one space per 60 gross square feet in the main sanctuary is the standard that was in the Land Development Code for a church for the last forty years and there have not been any issues. It is also the standard used for most cities in Arizona.
Councilmember McCarthy asked if the definition of toxic use is so restrictive that it must include death. Mr. Kulina explained that he searched through a number of zoning codes that are subject to the state law and none of them had a definition of toxic use. He ultimately looked at the general definition of toxic and applied it to land use. If there are some suggestions on how to make the definition clearer, he is open to that.
Councilmember McCarthy suggested adding “or significantly negatively affects the actions of vital functions." Councilmember Barotz suggested using “or significantly impairs.” Councilmember Putzova suggested that staff consult with a scientist as there may be a scientific reason behind the definition of toxic and there may be different levels of toxicity.
LOT WIDTH
Councilmember McCarthy indicated that there is confusion about the allowable set back line and the actual set back line. Mr. Kulina stated that it is easy to define the lot width in a development that already has houses because the set back line is established; in a new sub-division, trying to establish the lot width is very difficult because it is not yet known where the house is going to be placed. All there is to go on is that the house must be at least 15 feet from the street.
Mayor Evans stated that she is in favor of Option 2. The issue is going to be more problematic going forward and some neighborhoods will be impacted.
Councilmember Putzova stated that with subdivisions the houses are all lined up along the street but not necessarily positioned to enhance the exposure to the sun for energy efficiency. She asked if the energy efficient orientation of the building is included in the City standards. Mr. Kulina stated that when a new development comes into the City, part of the application process is a Site Analysis. Part of the analysis is the developer mapping the movement of the sun in relation to the property to help them consider solar access, snow melting and other things. The City does not have standards to require placement of buildings to capture solar.
Councilmember Putzova offered that if there was a standard that prioritizes the energy efficiency of a building then on one street there are buildings that have different positions. She asked how that can be accomplished while also meeting the standards. The standards prioritize the esthetic look of the sub-division over the efficiency of each structure. She asked if there is any thinking about adjusting the standards to provide more flexibility. Mr. Kulina offered that when standards are written as minimums the minimum is likely what is going to done most often; Council would have to discuss changes to the Zoning Code to help further the potential for alternative energy options.
Councilmember Overton stated that lot splits are the City’s last tools for better land use and tinkering with the mid-points creates a hardship. This is one that typically does not get biased; Silver Spruce was an exception. He does not believe that there is a happy medium and would be in favor of leaving it the way that it is. Councilmember Putzova agreed stating that the amendment is being driven by the one instance.
A majority of Council agreed to not move forward with the Lot Width amendment.
RURAL FLOODPLAIN MAP
Councilmember Overton asked if there would be any new insurance requirements with the amendment. Community Development Director Mark Landsiedel offered that FEMA determines the flood insurance rate maps and that impacts the flood insurance someone may have to obtain; this is a different layer of regulation and there would be no change in insurance requirements. Mr. Kulina added that the Rural Floodplain Map is important to the City because the more property that is designated Rural Floodplain the Citywide flood insurance goes down.
Joan Martini addressed Council with concerns about building height, snow melt from neighboring properties should the setback be reduced and rights of a non-conforming property owner.
11.
Discussion re Current Issues Before Arizona Legislature and Federal Issues.
This item was pulled due to lack of information to report.
12.
Review of Draft Agenda Items for the March 21, 2017, City Council Meeting.*
* Public comment on draft agenda items will be taken at this time, at the discretion of the Mayor.
Councilmember McCarthy stated that he feels comfortable signing the Dakota Access Pipeline resolution as it is drafted now but he is hesitant to sign on to divesting from banks who do business with developers.
Mayor Evans stated that she is also comfortable with the resolution as it is currently written and the issue about banking needs to be addressed at a separate time and with procurement guidance. Vice Mayor Whelan also agreed.
Councilmember Odegaard stated that he feels that the issue is moot because everything has happened, the pipeline is in and the oil is flowing through it. If he was willing to support a resolution it would be one that is looking out to the future.
Mr. Fincel explained that discussion on reasons someone supports the resolution or not should be done at the meeting next week; if there are suggestions for staff to modify something that discussion is permitted at this point.
Councilmember Odegaard asked for a change in wording to project future issues and how the City would offer support. He does not want to see what happened to this community happen again in the future.
Councilmember Putzova stated that the public has not seen the resolution yet and Council will want to hear from them before making any changes.
Mayor Evans stated that she is also comfortable with the resolution as it is currently written and the issue about banking needs to be addressed at a separate time and with procurement guidance. Vice Mayor Whelan also agreed.
Councilmember Odegaard stated that he feels that the issue is moot because everything has happened, the pipeline is in and the oil is flowing through it. If he was willing to support a resolution it would be one that is looking out to the future.
Mr. Fincel explained that discussion on reasons someone supports the resolution or not should be done at the meeting next week; if there are suggestions for staff to modify something that discussion is permitted at this point.
Councilmember Odegaard asked for a change in wording to project future issues and how the City would offer support. He does not want to see what happened to this community happen again in the future.
Councilmember Putzova stated that the public has not seen the resolution yet and Council will want to hear from them before making any changes.
13.
Public Participation
Charlie Silver addressed Council regarding Transect Zoning and asked when the topic will come back to Council for discussion.
14.
Informational Items To/From Mayor, Council, and City Manager; future agenda item requests.
Councilmember McCarthy stated that he represented the Mayor and Council at an Eagle Scout Court of Honor last Saturday and it was a very successful event.
Councilmember Odegaard reported that the meeting with Continental Country Club was good and the discussion about how the City can partner with them was excellent.
Vice Mayor Whelan stated that she attended the Market of Dreams celebration. There are amazing things that are happening in the community that are being spear headed by the Market of Dreams one of which is the fresh produce that is given out every two weeks.
She also reported that she and Councilmember McCarthy are talking about going out on the front lawn of City Hall and meeting with the youth regarding Kick Butts which is a movement about avoiding tobacco usage.
She reported that she read a Proclamation at NACA and stated that they are doing great work; she suggested that they come and report to the Council on some of the things they have been doing.
She was also pleased with the outcome of the meeting with Continental Country Club.
Lastly, she attended the caveat at NAU. It was a great celebration with high school youth in college classes and some of their research studies.
Councilmember Barotz requested that the City Manager follow up with the new Court Administrator regarding the new evaluations for Magistrates. She had asked her how things were going with the modifications and she was not aware of anything.
Councilmember Putzova attended her second meeting of ECONA. One of the issues discussed was the Employer Roundtable. She feels that Council should revisit the issue. Back in April Council directed staff to discuss with employers what they are willing to do with regard to employee housing. This turned into a research study and there has not been a conversation with the employers on their financial abilities. While ECONA is going through this process, the City should control the process more. She is worried about the timeline as it has been two years with no movement. She requested a Work Session on the Employer Roundtable to learn what has been done so far and what can be done in conjunction with the plan to double the affordable housing inventory.
She also requested a FAIR item to review City procurement and investment policies in relation to social responsibility. The Procurement Manual is on the agenda to be addressed and she does not want to discuss the issue in conjunction with the manual, it should be a separate discussion. She would like to discuss how the City selects who they do business with specifically with regard to investments from the social responsibility perspective.
Mayor Evans reported that she met with Friends of Flagstaff’s Future Executive Director and members of the Board.
She also met with the Truth and Reconciliation Coalition of Northern Arizona; their work is fascinating and could be used at the City level.
She reported that she met with Councilmembers Overton and McCarthy about the upcoming trip to Washington D.C.
She also met with the new Community Engagement Liaison for the Department of Economic Security Barbara Quall. There is now a new person stationed in the Flagstaff area who is going around making people aware of the 40 plus programs that the Department of Economic Security has available.
She met with Coconino High School CocoNuts Robotic Team; they recently hosted the Regional Competition and they have won the Chairmanship Award for the last few years. They are currently working with other teams on how to prepare for and win the award.
She also met with the Friends of the Rio and attended a Keeping Flagstaff Together training.
Lastly, she requested a FAIR item regarding Lake Elaine
Vice Mayor Whelan stated that she and Councilmember Barotz attended a meeting with Camp Navajo and discussed some of their future planning and transportation issues. Councilmember Barotz added that Camp Navajo is exploring non-federal opportunities in terms of economic development and the hope is to make the base self-sufficient.
Councilmember Odegaard reported that the meeting with Continental Country Club was good and the discussion about how the City can partner with them was excellent.
Vice Mayor Whelan stated that she attended the Market of Dreams celebration. There are amazing things that are happening in the community that are being spear headed by the Market of Dreams one of which is the fresh produce that is given out every two weeks.
She also reported that she and Councilmember McCarthy are talking about going out on the front lawn of City Hall and meeting with the youth regarding Kick Butts which is a movement about avoiding tobacco usage.
She reported that she read a Proclamation at NACA and stated that they are doing great work; she suggested that they come and report to the Council on some of the things they have been doing.
She was also pleased with the outcome of the meeting with Continental Country Club.
Lastly, she attended the caveat at NAU. It was a great celebration with high school youth in college classes and some of their research studies.
Councilmember Barotz requested that the City Manager follow up with the new Court Administrator regarding the new evaluations for Magistrates. She had asked her how things were going with the modifications and she was not aware of anything.
Councilmember Putzova attended her second meeting of ECONA. One of the issues discussed was the Employer Roundtable. She feels that Council should revisit the issue. Back in April Council directed staff to discuss with employers what they are willing to do with regard to employee housing. This turned into a research study and there has not been a conversation with the employers on their financial abilities. While ECONA is going through this process, the City should control the process more. She is worried about the timeline as it has been two years with no movement. She requested a Work Session on the Employer Roundtable to learn what has been done so far and what can be done in conjunction with the plan to double the affordable housing inventory.
She also requested a FAIR item to review City procurement and investment policies in relation to social responsibility. The Procurement Manual is on the agenda to be addressed and she does not want to discuss the issue in conjunction with the manual, it should be a separate discussion. She would like to discuss how the City selects who they do business with specifically with regard to investments from the social responsibility perspective.
Mayor Evans reported that she met with Friends of Flagstaff’s Future Executive Director and members of the Board.
She also met with the Truth and Reconciliation Coalition of Northern Arizona; their work is fascinating and could be used at the City level.
She reported that she met with Councilmembers Overton and McCarthy about the upcoming trip to Washington D.C.
She also met with the new Community Engagement Liaison for the Department of Economic Security Barbara Quall. There is now a new person stationed in the Flagstaff area who is going around making people aware of the 40 plus programs that the Department of Economic Security has available.
She met with Coconino High School CocoNuts Robotic Team; they recently hosted the Regional Competition and they have won the Chairmanship Award for the last few years. They are currently working with other teams on how to prepare for and win the award.
She also met with the Friends of the Rio and attended a Keeping Flagstaff Together training.
Lastly, she requested a FAIR item regarding Lake Elaine
Vice Mayor Whelan stated that she and Councilmember Barotz attended a meeting with Camp Navajo and discussed some of their future planning and transportation issues. Councilmember Barotz added that Camp Navajo is exploring non-federal opportunities in terms of economic development and the hope is to make the base self-sufficient.
15.
Adjournment
The Work Session of the Flagstaff City Council held March 14, 2017, adjourned at 9:35 p.m.
The Work Session of the Flagstaff City Council held March 14, 2017, adjourned at 9:35 p.m.
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