TUESDAY, JANUARY 2, 2018
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN
4:30 P.M. AND 6:00 P.M.
Mayor Evans called the Regular Meeting of the Flagstaff City Council held January 2, 2018, to order 4:30 p.m.
| 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 (arrived at 4:33 p.m.) COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: NONE |
Councilmember McCarthy led the audience and City Council in the Pledge of Allegiance and Vice Mayor Whelan read the Mission Statement of the City of Flagstaff.
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
Moved by Councilmember Scott Overton, seconded by Councilmember Jim McCarthy to approve the minutes of the Special Meeting (Executive Session) of December 19, 2017; and City Council Regular Meeting of December 19, 2017 (as amended).
Vote: 7 - 0 - Unanimously
Public Participation enables the public to address the Council about an item that is not on the agenda. Comments relating to items that are on the agenda will be taken at the time that the item is discussed. If you wish to address the Council at tonight's meeting, please complete a comment card and submit it to the recording clerk as soon as possible. Your name will be called when it is your turn to speak. You may address the Council up to three times throughout the meeting, including comments made during Public Participation. Please limit your remarks to three minutes per item to allow everyone an opportunity to speak. At the discretion of the Chair, ten or more persons present at the meeting and wishing to speak may appoint a representative who may have no more than fifteen minutes to speak.
Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2018-02 by title only for the final time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE FLAGSTAFF CITY COUNCIL FORMALLY ACCEPTING SPECIFIC REAL PROPERTY INTERESTS AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to adopt Ordinance No. 2018-02.
Vote: 7 - 0 - Unanimously
Councilmember McCarthy said that he believed there was a misunderstanding of the relationship between this property and Buffalo Park.
Councilmember Barotz noted that this property was not involved in the original Buffalo Park or Buffalo Park Annex.
Housing Director Sarah Darr, filling in for Real Estate Manager Charity Lee, referred to the map provided by Ms. Lee which showed the property was not part of Buffalo Park. She said that before they ever put this property out, even back in 2008, staff researched to make sure that it was free of any encumbrances.
Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2018-06 by title only for the final time.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to adopt Ordinance No. 2018-06.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2018-03 by title only for the final time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, TO ABANDON A WATER LINE EASEMENT RECORDED IN THE RECORDS OF COCONINO COUNTY, ARIZONA, DOCKET 172, PAGES 385-386 WHICH CROSSES UNDER AND OVER A PROPERTY LOCATED AT 3735 N. KASPAR DRIVE, AND TO RECORD A NEW WATERLINE EASEMENT AT THE PROPERTY, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to adopt Ordinance No. 2018-03.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Eva Putzova to approve the final plat and authorize the Mayor to sign both the final plat and City/Subdivider Agreement when notified by staff that the documents are ready for recordation.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova to read Ordinance No. 2018-04 by title only for the final time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF ZONING MAP TO REZONE APPROXIMATELY 0.86 ACRES OF REAL PROPERTY LOCATED AT 1700 E SIXTH AVENUE, FROM PUBLIC FACILITY ("PF") TO MEDIUM DENSITY RESIDENTIAL ("MR"); PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Jim McCarthy to adopt Ordinance No. 2018-04.
Vote: 7 - 0 - Unanimously
•Nina Swidler
Comments included:
•The development plans that were previously presented by staff in various presentations have changed.
•She is not sure of what the development consists of.
•This property is a gateway into their neighborhood; concerned that in the future surrounding property will be added to affordable housing
•She is a professional archeologist and this property has a presence of archeological significance
•With federal funds involved this property would be subject to review under NEPA
Ms. Darr said that the Low Income Housing Tax Credit opportunity does require environmental review and compliance, but that burden is borne by the applicant, who would be the developer; it is separate from the City review.
Councilmember Barotz said that the only action they are considering right now is the rezoning. There is no money involved. As one member of the Council she wants those in the audience to understand that they are not trying to "pull the wool over anyone's eyes." A rezoning action does not trigger these environmental reviews.
Ms. Pucciarelli added that as a result of the Planning and Zoning Commission discussion, they added a condition of approval that all historical and archeological assessments, up to and include a 106 Report, would be required to comply with all state and federal regulations.
Ms. Antol noted that staff provided a conceptual plan to the neighborhood to show what might be developed. She said that at the last hearing and at the Planning and Zoning Commission meeting the initial concept plan had about 18 units. There is a total of 28 units that could go on the property, as long as they meet the parking requirements, and those requirements cannot be firm until they know how many bedrooms there will be. She added that this will come back to Council again.
Councilmember Barotz noted that most commonly when a piece of proeprty is rezoned, it is not the City rezoning land; it is the developer coming in with a contingency in the closing and they show the City a concept plan. In this case the City is requesting the zoning, but it is being developed separately. It is not that common.
More comments were received from the following:
•Dennis Rouston
•John Paul Roccaforte
•Lisa Machina
Comments included:
•Part of Shadow Mountain Block Watch, 50-150 people in the neighborhood
•When they first got started it was posted on Facebook and the general consensus was 80% was for it--20% was against it.
•They went to the first meeting and saw they could have 50 people or more living in the parcel; they were concerned with overcrowding causing overflow into their neighborhood
•Can the Council guarantee they will build what they say they are going to build
•Facebook had a lot of comments, and someone said that it was going to be a homeless shelter
•Concerned with density on the parcel and parking overflowing to Safeway or on Grandview
•Does not want it rezoned
•It is the City's property--the citizens' property
•Plan is to rezone it and gift it to a wealthy developer
•They do need affordable housing, but should be locations that work
•Concerned about the timing; had a meeting in October where citizens said to make it a park. Between Thanksgiving and Christmas, not enough time for Council to assess how this will impact the surrounding community.
Ms. Pucciarelli said that in order to achieve the rezoning, the conditions must be met. If the developer came in with a site plan application showing something other than what was approved in concept zoning, it would not get staff approval.
Planning Director Dan Folke said that the City is the property owner and the site plan must come back to the Council. It will have architectural elevations, show where parking is, spaces, landscaping, etc. If it is not to the Council's satisfaction they can deny.
Ms. Darr said that running concurrently to this process is the Request for Proposal (RFP) process, identifying a successful proposer and negotiating to bring to the Council the sale or lease of property, the details of which would be in that agreement. She said that tonight is the first time she has heard the rumor of a homeless shelter. The RFP requested rental housing for low to moderate income, below the 80% of medium income.
Ms. Antol said that the Council could condition it specifically to be only multifamily and exclude development of a homeless shelter.
Councilmember Barotz clarified that they would not be gifting the property as they cannot do that unless they receive something in exchange. This would either be a lease or sale of the land.
Mayor said that October was just mentioned as the beginning of the process. She asked staff to review the timeline of this project.
The following individuals spoke in support of the proposed zoning amendment:
•Moses Milazzo
•Tad Moore
Comments included:
•Long-time resident; very much for the rezoning and is disappointed that it is limited to two stories
•He grew up in extreme poverty; went to school to be able to do better
•It is a travesty that they still have 800 families waiting for affordable housing
•They should do this project and as many others as possible
•Grew up in Siler Homes; is a product of affordable housing program
•Now a real estate agent
•There is a disconnect between the logistics and the names and faces of the people needing this
•He feels this would have no bearing on his property value; concerned that people will continue to leave Flagstaff because they cannot afford to live here
•There is a misconception; these are people that are cooks, electricians, EMT's, nurses, teachers, etc.
•Many living in homeless shelters actually are employed
Ms. Darr then reviewed the timeline of the project:
02/2017 Staff received general direction from Council
05/2017 Staff brought options forward; Council held work sessions on the disposition of these two parcels and one at Schultz Pass
06/2017 Council held a work session to discuss three parcels
07/2017 Council held a special meeting re citizens' petition - Schultz parcel was removed and Lonetree parcel was added
08/2017 Published the RFP
09/2017 Staff came to Council asking for Council's direction for concept zoning
10/2017 Held two neighborhood meetings at Hal Jensen Recreation Center
Ms. Antol explained that they incentivize affordable housing projects that meet certain criteria. They receive a density bonus. In this case, while it can get up to 28 units, there is also special parking standards for affordable housing units that are slightly different than the market rate. These projects are locking themselves into a Development Agreement, in this case an RFP, and is going to provide a housing stock for a portion of the population that is hard to serve.
Councilmember Barotz asked if it would not be better for the developer to know now if the Council did not want 28 units. Ms. Antol said that they could do that; however, they do not want to hamper creative design. There are unknowns there, but it is entirely up to the Council.
Councilmember Barotz thanked the two gentlemen who came forward in support. She said that she feels sad about this problem. It has become apparent that there are a lot of people that seem to care about those unable to find affordable housing, but they do not want them located around them. This also happened with the Schultz property. She said that she hears what they are saying, but she also feels strongly that they need to do more. She said that she will support this. They have worked hard to clarify the issues and this is just the beginning of the project.
A written comment card opposed to the rezoning on West Street was also submitted by Piero De Simone.
Moved by Councilmember Eva Putzova, seconded by Councilmember Jim McCarthy to read ordinance No. 2018-05 by title only for the final time.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to amend the motion to include a stipulation that the property will be limited to multifamily housing and shall not be used for a homeless shelter.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF ZONING MAP TO REZONE APPROXIMATELY 1.38 ACRES OF REAL PROPERTY LOCATED AT 3050 N WEST STREET, FROM PUBLIC FACILITY ("PF") TO MEDIUM DENSITY RESIDENTIAL ("MR"); PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
Motion to adopt Ordinance No. 2018-05 as amended.
Vote: 7 - 0 - Unanimously
The 4:30 p.m. portion of the Regular Meeting of January 2, 2018, recessed at 5:41 p.m.
Mayor Evans reconvened the Regular Meeting of January 2, 2018, at 6:03 p.m.
| 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 |
Terry O'Neal addressed the Council on a number of items including: the Christmas tree on Fourth Street looks great; resolutions supporting or opposing issues--he is all about free speech, and he hopes someone in Washington is listening. He suggested they start a guest worker program and make the City identification cards useful by allowing it to be used with the I-9.
He said that HB2032 has been pre-filed by Jay Lawrence, which requires candidates for municipal elections to have their party declared on their filed paperwork. He said that these bills have been brought up in the past and the arguments have been for transparency as a lot of voters want to know, but they have been beaten back through the guise of local control in letting a city/town determine how to run their elections. He said that they would ask what problem the Legislature is trying to solve. He did not think this would be the last such bill dealing with municipal elections.
Councilmember Barotz said that she did look at the language and it seems to say they have to declare their party affiliation. She asked if that would prohibit those without a party affiliation from being able to run. Mr. Travis replied that it is probably a question that will be raised in the Rules Committee which will look at Constitutionality and proper form. The fact that one-third of the state is independent, which is not an official party, raises that question.
It took awhile to be able to get all of the CEO's in one room at the same time. At their first meeting they concluded that there was a problem and they worked with ECoNA to have a study performed. What Mr. Stigmon will be presenting this evening is the results of that study.
John Stigmon, ECoNA representative, stated that the study was done by Werwath Associates and they all thanked the City for their support. He then gave a PowerPoint presentation, attached hereto and made a part hereof as Exhibit A.
Councilmember Overton said that there is a lot of data and they have a lot of questions, particularly with regard to the urban growth boundary and their community members living outside of it not having access to utilities, transit, etc. He asked if they got into that issue much. Mr. Stigmon said that one of the members, Winslow, has been working with ECoNA and NAIPTA to get connectivity there with a bus in the morning and evening. Also, he said, they have a lot of employees living north of Williams. He said that they have been working with the County regarding Bellemont, but it is hard to follow the data in the rural areas.
Mr. Stigmon said that the City has 700 acres of available for development. They have not yet done a study on available land in the County, but they are getting there.
Councilmember Putzova said that the results of the study are not surprising. She said that it was the most comprehensive housing study that she has seen. What she would like to hear more about are the solutions that the employers are developing. Mr. Stigmon said that they have not gotten there yet. Their next step is getting names of who may be in the roundtable to brainstorm on solutions.
Vice Mayor Whelan thanked everyone for their work on this, but she thought it was important that they not study the issue to death. She has some reservation with another committee being formed. In looking at the Key Recommendations, she would like to see a Plan of Action.
Mr. Stigmon saId that they are done studying. Having a discussion with the Council is different than meeting with the City Manager as the Council members are policy decision makers.
Mr. Copley said that it was important to note that there has been progress in moving some of the items on Pages 5-6 forward. It does not mean they are there yet, but they are already working on some. The City has been working on developing a High Occupancy Housing Plan and the City is one of the large employers that is leading the way with homeowner assistance.
Councilmember McCarthy said that he has had some informal discussions with the staff in Community Development and they have some ideas. He asked if anyone from that division was involved. Mr. Stigmon said that they are not at this point.
Councilmember McCarthy said that he would be interested in mechanisms where the City provides infrastructure for developers to build smaller houses that are more affordable.
Councilmember Odegaard thanked Mr. Stigmon for his report, noting that a 49% response rate in the survey was incredible. It shows how passionate the community is with this issue and how important it was to get Timber Sky moving forward.
Councilmember Barotz said that they are going to be challenged with competing values--the Zoning Code versus resource protection. She believed that they should give direction to staff to bring back a suite of strategies to achieve their policy decisions.
Mr. Copley said that they recognize that the low income tax credit by itself is going to be insufficient; that is just one tool, and it cannot be the only tool. He said that the policy discussion will revolve around how they fund these projects.
Mayor Evans said that the community conversation needs to happen soon. They need to define what is affordable housing and what it looks like. She said that there is a misconception in their community of affordable housing. She said that there are builders building homes. They need to identify those builders that will build what they need, and help speed up those efforts.
Councilmember Putzova said that this has been emphasizing home ownership, but the reality is that 1 in 5 households have very low income so many people will not qualify to get a mortgage even if it is "affordable." She does not want them to lose sight of the fact that they still have to find ways to provide affordable rentals as well. Mr. Stigmon said that he agreed. He added that the rental market is going to go down with all of the student housing coming in.
Mayor Evans said that NAU is increasing the number of upper classmates. If they are successful, they are going to see more students out in the community looking for other rentals. That is the part that is hidden in the conversation.
Councilmember McCarthy said that it was a good report and asked for a copy of the PowerPoint presentation.
•Dr. Robert Neustadt with NAU, representing Keep Flagstaff Together
•Gioia Woods, Associate Professor at NAU, Senate President Faculty, but speaking as a private citizen
Comments received included:
•He has been teaching courses since 2010. A lot of people do not realize the US already has 700 miles of wall and vehicle barriers, started in 1993.
•They have spent $3 billion on that infrastructure and President Trump's extension of the existing wall is estimated at $24-$25 billion in construction costs.
•The border wall they already have will be grossly aggravated by an extension and have an extreme environmental impact. There are 33 endangered species living there and because they are blocked from the traditional corridors biologists say they will become extinct from the plant.
•There is also a passive cultural impact to the T'ohono O'odham Reservation which is split into two by the border. It is the second largest reservation in the country and spans both sides of the border.
•The wall and border militarization has already caused over 7,000 deaths, and those are just the deaths of the human remains that have been found.
•Experts say that the number is from two to tens times that number. He then shared stories of those that have lost their lives trying to get across the border.
•Urging the Council to support the resolution
•Stand on the side of justice
•NAU has passed unanimously two recent resolutions similar to this affirming their inclusiveness and opening their educational borders to all residents of Arizona
Councilmember McCarthy said that there seem to be two issues--1) should they build a wall? and 2) immigration or visitor shift allowance across the border. He said that generally he is supportive of this, and was very aware of the environmental damage it causes. He did have concerns with one of the enactments, that being the boycott of businesses that have anything to do with the wall. Additionally, he suggested that the second enactment read, "to the best of its ability."
Councilmember Putzova said that they do not want to do business with companies that profit from human suffering.
Mr. Solomon explained that tonight was the opportunity to discuss the merits of the resolution and determine if there was a majority Council that would like to have a resolution brought back for action. He said that his department has not yet reviewed the wording of the resolution.
Vice Mayor Whelan said that she needs further understanding of how they are able to say they will not do business with any company that participates in building the wall. Mr. Copley said that it may be a possible debarment under the procurement standards, but they have not looked at this from a procurement or grants perspective. If four Councilmembers agree to bring it back, then staff will spend further time researching those issues.
Further discussion was held on what language would be included.
Mayor Evans said that she grew up in the 1980's and remembers how the world celebrated when the Berlin Wall came down. She had the opportunity recently to go to Mexico, through the Sonoran Arizona Partnership, to discuss economic trade and development through the region. She was able to see the wall there and had a conversation, and read about, the tribe. She would like to have this looked at legally and move it forward.
Councilmember Putzova said that she had some wording changes that she would send electronically. She said that in a resolution they can express their desire to do something even if it is difficult to do it legally. Mr. Solomon said that he wants to make sure it will not impede anything in the way of federal funding.
A majority of Council supported moving this item forward. Councilmember Overton said that he realizes that he is one member, but when he looks at the federal funding, he is 100% not in support of moving this forward. They have significant challenges in Flagstaff. He understand they have an impassioned plea, but this is not in the best interest of the City.
Councilmember Odegaard said that every resolution that has come forward has had a pretty eminent impact on the City, except for this one. To him, the test is not there. He is concerned with them getting bogged down with resolutions that do not impact their sphere.
After discussion and upon agreement by two members of the Council, an item will be moved to a regularly-scheduled Council meeting.
•Jeffrey Nickell
•John Viktora
Comments received included:
•They have been going around the country and meeting with councils that are passing resolutions supporting the impeachment articles.
•They would like to see Flagstaff join the efforts of other communities such as Los Angeles, Richmond, Alexandria, etc.
•You know how he talks about women and North Korea
•His response is of someone whose only tool is a hammer and the whole world is a nail
Written comment cards in support of the resolution were received from:
•Jeff Nickell
The following individuals spoke in opposition to passing a resolution:
•Merle Henderson
Comments received included:
•The solution is Constitutionalism; the humanitarian resolve found in the Constitution
•The Constitution is as relevant today as it was at time of origin
•Peace, Opportunity and Freedom are the three words that form the basis of the republic.
•The test of time has proven that their republic works
•With the election of Donald J. Trump, they went to the polls to elect the individual with the least baggage
•His capacity of bringing people together is indicated by his success in business and family, and speaking with foreign leaders
•He also inherited a stronger than predicted element of corruption associated with Democrats and Republicans alike
Written comment cards opposing the resolution were submitted by:
•Steven Harris
•Karen Henderson
•Joan Harris
Mayor Evans said that she wanted to remind everyone that this was not something that the Council brought forward; it was a citizens' petition, which requires action by the Council within 30 days according to the Charter.
She said that it is something she has been thinking about over the Christmas break. People know she has a strong opinion, but she is really looking at this from the role as Mayor more than ever before, over her personal feelings. She said that the current presidency has created a divisive situation, even in Flagstaff. Some support him and some do not. She was very appreciative of the petition being brought forward as it represents a certain feeling. She also wants to look at it from the standpoint of the City.
One concern is that two weeks ago the majority of Council said to send her back to Washington D.C. to continue to request funding for the Rio de Flag, which they would be asking to place in the President's budget, trying to get in the O&M Budget. She said that it is clear what her personal opinions are, but she thinks that this decision really needs to be looked at as the City as a whole.
She said that unfortunately they have to live in fear that they may lose funding, but it is a reality that they need to consider. They are looking for federal funding for housing, a Veterans Home, the Rio de Flag. She said that she has been in support of every resolution coming forward, but she cannot support this one because of the serious negative ramifications.
Councilmember Putzova asked how many times the Flagstaff residents have come to the council asking them to support such a resolution. They found the situation so dire, that they did. She would like to have another conversation and not dismiss the item completely.
Councilmember Odegaard said that he is not in support of the resolution. It is very partisan, and it troubles him that there are legislators in the Valley that want the city elections to become partisan.
Councilmember McCarthy said that he did not support the resolution. It is obvious that a demagogue is not suitable to serve as President, but it is not necessary for the Council to state the obvious.
There was not enough support to move this item forward.
Their being further support, this item will be brought back for further discussion.
Mr. Copley said that every year the score card is sent to cities like Flagstaff. For the last two years the City has appealed their numbers and over those two years they have increased the numbers.
There was support to move this forward to a future agenda for discussion.
He also reported that he attended the Stewart Memorial.
Councilmember Putzova said that they have talked a lot about the water policy discussion, and she has a meeting scheduled with the Water Department.
Mr. Putzova noted that there are a number of FAR items on the Working Calendar and he is hoping to get through all of the FARS before summer break.
Vice Mayor Whelan said that in look through the calendar, there are some items she would like to drop. Mr. Copley said that he would need to confer with the Legal Department since these items have already received two votes to move it forward. He said that there needs to be a mechanism for dropping items.
Councilmember Odegaard also stated that next week is the Council Legislative Trip on January 10, 2018, and the community is looking to them. He hoped that all of the Council could attend.
Mayor Evans reported that she and the Vice Mayor attended the annual Pine Cone Drop at the Weatherford. She said that she met people from New York and a lot of people from the Valley. She said "hats off" to Sam and Henry who helped establish a great Flagstaff tradition. She also thanked the Police Department, Fire, and Public Works, and everyone involved in the event.
| __________________________________ MAYOR |
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| ATTEST: ___________________________________ CITY CLERK |
CERTIFICATION
DATED this 16th day of January, 2018.
_______________________________
CITY CLERK