TUESDAY, FEBRUARY 20, 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 February 20, 2018, to order at 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 COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: NONE |
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to approve the minutes of the Regular Meeting of February 6, 2018, 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.
The Mayor and Council presented a Recognition to the Thomas LEGO Robotics Team.
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).
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to remove Commission members Marian Bitsui and Elizabeth Foley from the Commission on Diversity Awareness.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan to appoint Jean Toner to the Commission on Diversity Awareness, term expiring September 2018.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Councilmember Eva Putzova to appoint Emily Davalos to the Commission on Diversity Awareness, term expiring September 2019.
Vote: 7 - 0 - Unanimously
Moved by Mayor Coral J. Evans, seconded by Vice Mayor Jamie Whelan to appoint Deanne Wegler to the Commission on Diversity Awareness, term expiring September 2019.
Vote: 7 - 0 - Unanimously
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Scott Overton to appoint Jamie Martinez to the Commission on Disability Awareness, term expiring March 2019.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Scott Overton to appoint John Malin to the Water Commission, term expiring December 2020.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to appoint Elizabeth Christy to the Water Commission, term expiring December 2020.
Vote: 7 - 0 - Unanimously
Sergeant Collin Seay introduced the application.
Mayor Evans closed the Public Hearing.
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to recommend to the State Liquor Department approval of the liquor license application submitted by The Museum Club located at 3404 East Route 66.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Ordinance No. 2018-10 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 1.502 ACRES OF REAL PROPERTY LOCATED AT 3051 WEST SHAMRELL BOULEVARD, FROM RESEARCH AND DEVELOPMENT (RD) TO HIGHWAY COMMERCIAL (HC) ZONING DISTRICT WITH CONDITIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Jim McCarthy to adopt Ordinance No. 2018-10.
Vote: 7 - 0 - Unanimously
JOHN WESLEY POWELL AREA SPECIFIC PLAN STUDY PHASE I
OUTLINE
AREA OF SPECIFIC PLAN
STUDY SCOPE – PH I
AREA SPECIFIC PLAN STUDY PURPOSE – PH II
PROJECT HISTORY
STUDY FUNDING
COUNCIL AWARD PH I SERVICES CONTRACT
COUNCIL DISCUSSION
Vice Mayor Whelan said that there was a study done in 2013 and 2015. Mr. Duval said that they started a study in 2013, but the property owners did not finish it. In 2015, the City Manager directed staff to move forward with the preliminary improvement district study and in 2016, they worked with Michael Cafiso and he determined that an improvement district would probably not be successful. At that point in time Council directed staff to move forward with the Specific Plan study.
Vice Mayor Whelan said she is guessing that the area continues to be talked about and asked why they could not just move ahead without further study.
Mr. Duval said that the Specific Plan has two phases. The first phase is the engineering study, and that would guide phase two which would include the minor amendment to the Regional Plan. Mr. Duval said that the document provides the property owners and developers with information on what specific infrastructure needs there would be for their developments.
Councilmember McCarthy asked what density assumptions they would be using. Mr. Duval said that they defer to the Regional Plan to determine density, based on the current zoning and Regional Plan.
Councilmember McCarthy asked what the property was zoned. Ms. Dechter said that it is currently zoned rural residential, and the Regional Plan includes several activity centers. She said that what is lacking is where the needed infrastructure would go and who would pay for it.
Councilmember Barotz said that they would go through a rezone process if they were wanting to change the zoning. Ms. Dechter said that if they were to wanting to change it from something other than what it is currently zoned and what is shown in the Regional Plan, they would have to request a rezone and an amendment to the Regional Plan.
Councilmember Odegaard said that the Citizens Transportation Tax Commission may be looking at this area as a wish list item, and asked where they would get their numbers for the cost of the extension. Mr. Barrett said that the FMPO has their cost model so all the projects have been given an estimate across the board.
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy award the Engineering Design Professional Services Contract to Peak Engineering Inc., of Flagstaff, Arizona in an amount not to exceed $316,299 and a 265-calendar day contract period; approve Change Order Authority to the City Manager in the amount of $30,000 (10% of contract amount, rounded) for unanticipated or additional items of work; and authorize the City Manager to execute the necessary documents.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2018-09 by title only for the final time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AMENDING THE FLAGSTAFF CITY CODE BY AMENDING TITLE 7, HEALTH AND SANITATION, CHAPTER 7-04, MUNICIPAL SOLID WASTE COLLECTION SERVICE, BY AMENDING CHAPTER 7-04-001-0006, REGULATIONS, TO ADD PROVISIONS REGARDING THE SUBMITTAL OF A MATERIALS MANAGEMENT PLAN IN CONJUNCTION WITH A SITE PLAN APPLICATION FOR NEW OR EXPANDED NON-RESIDENTIAL OR MULTI-FAMILY DEVELOPMENTS; AND ESTAB-LISHING AN EFFECTIVE DATE
Moved by Councilmember Eva Putzova, seconded by Vice Mayor Jamie Whelan to adopt Ordinance No. 2018-09.
Vote: 7 - 0 - Unanimously
A written comment card was received by Jessica Kitterman which addressed the same concerns as stated above.
Ms. Goodrich noted that they will be holding a community meeting on March 1, 2018, to review the project with the neighborhood. She said that the action tonight just gives staff the authority to further negotiate with the property owners. Mayor Evans said that this will not be a conversation of whether they should buy the property as Council has given direction to purchase the property for affordable housing. The conversation will be more able putting in affordable housing and what the neighborhood would want it to look like.
Councilmember Barotz noted that the property is already zoned high density residential and by law they do not have to have a community meeting.
Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2018-11 by title only for the final time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE FLAGSTAFF CITY COUNCIL AUTHORIZING THE ACQUISITION OF APPROXIMATELY 2.09 ACRES OF REAL PROPERTY AT THE SOUTHWEST CORNER OF LOCKETT ROAD AND FANNING AVENUE, ASSESSOR PARCEL NUMBER 108-05-003B FOR AFFORDABLE HOUSING; PROVIDING FOR SEVERABILITY, DELEGATION OF ATUHORITY, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Eva Putzova to adopt Ordinance No. 2018-11.
Vote: 7 - 0 - Unanimously
Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2018-12 by title only for the final time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF AUTHORIZING THE ABANDONMENT OF ANY RIGHT-OF-WAY IN THE REMANT PARCEL LOCATED ALONG THE EAST SIDE OF SOUTH ELDEN STREET, DIRECTING THE REMNANT PARCELTO BE COMBINED WITH THE ADJACENT CITY PROPERTY LOCATED AT 303 SOUTH LONE TREE ROAD, ASSESSOR PARCEL NUMBER 104-19-117, AND RESERVING AN EASEMENT FOR CONTINUATION OF UTILITY USES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to adopt Ordinance No. 2018-12.
Vote: 7 - 0 - Unanimously
Mayor Evans reconvened the Regular Meeting of the Flagstaff City Council held February 20, 2018, at 6:00 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 |
•Joe Farnsworth, Flagstaff, voiced concerns with growth and development in Flagstaff
•Nadine Hart, Flagstaff, regarding affordable housing needs
•Karen Malis-Clark, Flagstaff, supporting the Flagstaff Watershed Protection Project
•John McCullough, Flagstaff, regarding DUI laws versus personal property rights
•J.R. Murray, Flagstaff, reporting that this year is the 80th anniversary for Snowbowl and he invited everyone to attend a free concert in town on Friday night at the Orpheum to celebrate.
Comprehensive Planning Manager Sara Dechter said that she was pleased to bring to the Council the High Occupancy Housing (HOH) Plan, which the staff and community have been working on for 18 months, with over 400 comments from the community. She then gave a brief PowerPoint presentation which addressed:
PLANNING HIERARCHY
Regional Plan
Specific Plans
Implementation
REGIONAL PLAN AMENDMENTS
7 - Place Type - Activity Centers
9 - Text Amendments
ORDER OF COUNCIL ACTIONS
HOH SPECIFIC PLAN
Blocks / Alleys
Design and Context
City-NAU Cooperation
Parking / Travel
Economy / Energy / Waste
Historic Resources
Activity Centers
PLANNING AND ZONING RECOMMENDATION
Recommended Approval with conditions
Allow staff to add explanatory text to the Executive Summary and background
sections of each chapter
Make changes to commercial block building strategy that reflect the December City
Council decision on updates to commercial building types in the transect zones
REGIONAL PLAN CONFORMANCE
COMMUNITY BENEFITS
CONCLUSIONS
The following individuals addressed the City Council on this item:
•Dr. Charles Hammersley
•Charlie Silver
•Joe Farnsworth
•Dennis Moore
Comments received included:
•At past Parks and Recreation Commission meetings staff's presentation included a reduction to green space requirements from two to one or less acres
•There are two different definitions of Open Space
•Was pleased to see that the HOH represents the passion of the citizens over the past 18 months regarding their historic downtown and surrounding neighborhoods
•Thanked the commissions and Council for bringing this forward
•What is the cost to promote this?
•Lives on the southside. Looks like a lot of work went into the HOH
Ms. Dechter noted that in Chapter 5, one of the proposed strategies included that the City would accept park space of less than two acres. Currently it is the City's policy to not accept any property for parks under two acres in size. She said that they took this to several commissions, and the Parks and Recreation Commission was the only one that did not favor that proposal. She said that what they put in the plan is a policy that has Parks and Recreation staff going back and reconsidering that policy. There is no hard and fast way this would change. Councilmember Putzova said that the issue is really who takes care of the parks. Just because the City does not accept less than two acres does not mean that they cannot have them.
Vice Mayor Whelan said that the plan is not going to cost anything. It is going to guide them in their decisions. When someone buys land in the City, as long as it is within the zoning, the City has nothing to say. Brief discussion was held on how zoning is established.
Mayor Evans closed the Public Hearing.
Ms. Dechter reviewed the different appendices. Councilmember McCarthy said that he had found a few types and a few areas needing a footnote for clarification, which he would provide to staff.
Vice Mayor Whelan commended staff on the document, and on the time and thoughtfulness spent. Councilmember Putzova thanked staff for the amount of work put into the plan and for engaging the community. She said that it was an example of doing planning right. Councilmember Barotz added that Ms. Dechter had an incredible skill in explaining concepts that are difficult and talking about planning to people that do not underrstand it.
Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to read Resolution No. 2018-08 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL ADOPTING THE HIGH OCCUPANCY HOUSING SPECIFIC PLAN AS A MINOR PLAN AMENDMENT TO THE FLAGSTAFF REGIONAL PLAN 2030 AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to adopt Resolution No. 2018-08.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Eva Putzova, seconded by Councilmember Jim McCarthy to read Resolution No. 2018-09 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL, AMENDING THE FLAGSTAFF REGIONAL PLAN 2030 BY AMENDING CHAPTERS VIII, IX, X, AND XII, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to adopt Resolution No. 2018-09.
Vote: 7 - 0 - Unanimously
HB2514 - HURF Distribution
He said that this bill takes money away from HURF that exists, and redistributes it to rural cities and couties. The League was opposed to this bill because it pits the urban cities against the rural cities, having them fight over a smaller portion of the pie, instead of enlarging the pie, which is what needs to happen.
Consensus of Council was to oppose this bill.
Councilmember McCarthy said that the Council previously passed a resolution in support of long distance train service. He just heard today that there is another assault on that, and would suggest that they thank Representative O'Halleran and ask them for their continued support. Council agreed with this addition.
Councilmember Barotz noted that they do have a couple of meetings with the Havasupai Tribe and Coconino County, as well as the Navajo Nation. Mayor Evans said that this was the first time they have held joint meetings with their partners and it was exciting.
They are working to get things squeezed down and they are also looking at different tax rates in terms of the recommendation they will move forward. He said that they are tentatively scheduled to make their recommendation to the Council on April 3, 2018. Councilmember Odegaard said that, hypothetically speaking, they could recommend a higher sales tax rate than what is current. Mr. Wessel replied that was correct.
FLOW CONTROL DEVICE
TOILETS
Ms. Lawless said that they will be getting calculations from their Water Conservation Strategic Plan consultant and bringing back some recommended changes.
Ms. Palmer said that they have partnered with the Arboretum with the Low Landscape Rebate Program, and they created a custom plant list for different neighborhoods.
Councilmember McCarthy asked if the decision was to be made tonight to move this forward. Mr. Solomon said that the time for an actual vote would be when it comes back for action, but between now and then he was welcome to meet with them one-on-one. Councilmember McCarthy said that he did some research at Home Depot and with some very minor costs, they can save a lot of water.
Vice Mayor Whelan asked if it would affect the City in a negative way if they conserve more water. Ms. Lawless said that is one of the items for the consultant to address--to answer the question, "what is the lowest appropriate level?"
Councilmember Odegaard said that he disagreed that this was going to be low-cost. He suggested that staff develop a chart that shows high, medium and low efficiencies, and the related costs.
Consensus of Council was to move this item forward.
A break was held from 7:30 p.m. to 7:37 p.m.
After discussion and upon agreement by two members of the Council, an item will be moved to a regularly-scheduled Council meeting.
The following individuals addressed the Council:
•Dr. Charles Hammersley
•Emily Melborn
•Adam Kaupisch
•Jerry Thull
Comments included:
•What they have heard in the past and will continue to hear is that soccer players want to play soccer; softball wants to play softball, etc. and they all require more fields.
•Providing these facilities will improve the mental and physical health of the community, reducing childhood obesity, lowering blood pressure and stress levels
•Will also be addressing social equity, making sure they have access and inclusion for all of the people in Flagstaff
•Gives children a place to go and play, as well as adults and families
•From the economic side, will generate revenues
•Provides a sense of place
•The beautify of FOSPR over COSPR (previously County effort) is that this time they can build the maintenance into the program
•In the long term, they believe that in 16 years the City will have grown enough to handle maintenance after the bonding is done
•Flagstaff will grow and land is expensive.
•FOSPR provides a means for additional recreational facilities
•Has great potential to spur economic activities
•Previously he spoke about the needs from the tennis perspective; this goes beyond that. They were talking about the HOH Plan and the growing city. •There is no conversation about growth their recreational facilities
•Everyone on the Council was elected to represent the community
•Not addressing the signatures on the petitions would be a slap in the face to all of the hard work
•To not place a question on the ballot because of what else will be on it is not democratic; it is not a good argument
•Present this question to the people and let them say yes or no
Councilmember Barotz said that she was not as confident that because of the growth they will have enough money to maintain the facilities. They do not have the money now to maintain what they have.
Councilmember McCarthy said that initially he was hesitant to put this on the ballot, to increase the sales tax regardless of what it is for. After looking at the proposal, which was excellent, he realized that the idea needs more vetting before it is put on a ballot, and he believed that the Council and legal staff could do that. He said that there needs to be a mechanism in it for maintenance. He does not think it is right to burden a future Council with added maintenance when the funding runs out. He said that the point is that there are details to work out. There is at least one project that they have received a lot of e-mails about. He would presume that it would be up to the Council to make the decisions on which projects are done and when.
He said that he would support moving this forward with the understanding that it needs more work before it is put on the ballot. Councilmember Putzova said that she was okay with moving the conversation forward.
Mayor Evans said that she believed that the community would like them to have the discussion sooner rather than later, which would require at least four Councilmembers supporting it be moved to the front of the line.
There were not four Councilmembers in support of moving it to the front of the line, so it will be placed on a future agenda in chronological order.
Vice Mayor Whelan reported that she, as well as Police Chief Treadway, attended the CJCC meeting where they went over the public safety assessment which is given to individuals requesting bail. She said that the interesting part is that there is not a reciprocal give and take with the City and County, and she asked why it would not be shared.
Councilmember Odegaard thanked the Streets department for their good job over the last few days. He also congratulated Police Chief Treadway for becoming the Interim Deputy City Manager.
Vice Mayor Whelan said that they have had some changes, with the City Manager and other positions, and she believed there is some misinformation or projections in the community. She was hoping there was some way to reassure the community that the Council is functioning well and staff is functioning well. She said that there is no dissension or confusion on the Council, and she was pleased with the way they were working together.
Councilmember McCarthy said that he felt strongly that the Council works well together. They may not always agree, but they are not supposed to. They are treated with respect and he was proud of that. He also believed that this Council had a good relationship with staff and he has a high respect for staff.
Ms. Goodrich thanked Council for their comments, adding that frequently it is the diversity in their group that provides their strength. They have a very diverse community and she, too, respects and understands that they appreciate staff. She was excited to work with the Council these next eight months. She said that she also wanted to recognize Chief Treadway in his new role, and said that his term would coincide with hers.
Ms. Goodrich reminded the Council and the public that next week's Work Session would be held on Monday rather than Tuesday.
Mayor Evans said that she was excited to see Chief Treadway move into his new role. She thought that the Acting City Manager did an excellent job in choosing him.
Mr. Treadway thanked everyone for the kind words and said that he was honored to serve in this new role.
Mayor Evans thanked the Vice Mayor for her comments. She appreciated the way the Council is working together and moving forward with the Council goals and objectives, and for their staff.
Mayor Evans said that she sits on the Board of Directors of the Flagstaff Housing Authority (FHA) and what was said earlier in the meeting about Section 8 housing not being available is very real. They have individuals with a guaranteed monthly payment for their rent and they are not being accepted because the vouchers are locked in at a certain price point because of the poverty income levels.
| __________________________________ MAYOR |
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| ATTEST: ___________________________________ CITY CLERK |
CERTIFICATION
DATED this 6th day of March, 2018.
_______________________________
CITY CLERK