CITY COUNCIL REGULAR MEETING
TUESDAY, APRIL 2, 2019
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN
4:30 P.M. AND 6:00 P.M.
TUESDAY, APRIL 2, 2019
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN
4:30 P.M. AND 6:00 P.M.
MINUTES
1.
CALL TO ORDER
Mayor Evans called the meeting of the Flagstaff City Council held April 2, 2019, to order at 4:30 p.m.
Mayor Evans called the meeting of the Flagstaff City Council held April 2, 2019, to order at 4:30 p.m.
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).
2.
ROLL CALL
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: MAYOR EVANS VICE MAYOR SHIMONI COUNCILMEMBER ASLAN COUNCILMEMBER MCCARTHY COUNCILMEMBER ODEGAARD COUNCILMEMBER SALAS COUNCILMEMBER WHELAN |
ABSENT: |
Others present: City Manager Barbara Goodrich; City Attorney Sterling Solomon.
3.
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
The Council and audience recited the pledge of allegiance and Councilmember Aslan read the Mission Statement of the City of Flagstaff.
The Council and audience recited the pledge of allegiance and Councilmember Aslan 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.
4.
PUBLIC PARTICIPATION
Public Participation enables the public to address the Council about an item that is not on the agenda. Comments relating to items that are on the agenda will be taken at the time that the item is discussed. If you wish to address the Council at tonight's meeting, please complete a comment card and submit it to the recording clerk as soon as possible. Your name will be called when it is your turn to speak. You may address the Council up to three times throughout the meeting, including comments made during Public Participation. Please limit your remarks to three minutes per item to allow everyone an opportunity to speak. At the discretion of the Chair, ten or more persons present at the meeting and wishing to speak may appoint a representative who may have no more than fifteen minutes to speak.
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.
Water Services Program Manager Tamara Lawless addressed Council about Water Awareness Month, the Mayor’s Water Challenge, and their related activities throughout April.
Library Deputy Director of Public Services Michelle Brosseau addressed Council about National Library Week and provided a couple of library program updates.
Library Deputy Director of Public Services Michelle Brosseau addressed Council about National Library Week and provided a couple of library program updates.
5.
PROCLAMATIONS AND RECOGNITIONS
A.
Proclamation: Child Abuse Prevention Month
The City Council came to the podium and Councilmember Odegaard read and presented the Child Abuse Prevention Month proclamation.
B.
Proclamation: Water Conservation Month
The City Council came to the podium and Councilmember Aslan read and presented the Water Conservation.
6.
APPOINTMENTS
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1).
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1).
A.
Consideration of Appointments: Commission on Diversity Awareness.
Moved by Councilmember Regina Salas, seconded by Councilmember Jim McCarthy to appoint Khara House to a term expiring September 2019.
Vote: 7 - 0 - Unanimously
B.
Consideration of Appointments: Sustainability Commission.
Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Adam Shimoni to appoint Breanna Guzman to a term expiring October 2021.
Vote: 7 - 0 - Unanimously
7.
ROUTINE ITEMS
A.
Consideration and Adoption of Ordinance No. 2019-03: An ordinance of the Flagstaff City Council ratifying the grant and reservation of easements; and formally accepting dedications and donations of easements and real property interests; delegating authority; and establishing an effective date. (approving receipt/transfer of easements and real property interests)
Real Estate Manager Charity Lee provided a PowerPoint presentation that covered the following:
CITY ACCEPTANCE OF VARIOUS PARCELS, EASEMENT AND RIGHTS OF WAY
WHAT DOES REAL ESTATE DO?
WHO APPROVES?
EASEMENT
RIGHT OF WAY
PROCESS
ORDINANCE NO. 2019-03
Vice Mayor Shimoni asked how controversial issues will be handled in the future. Ms. Lee explained that many of the licenses are fairly mundane such as parking licenses or licenses for special events. They are all presented to the City Manager who can determine if there is any sensitivity associated it. Ms. Goodrich indicated that a monthly recap of all signed license agreements and MOUs could be provided to the Council.
CITY ACCEPTANCE OF VARIOUS PARCELS, EASEMENT AND RIGHTS OF WAY
WHAT DOES REAL ESTATE DO?
WHO APPROVES?
EASEMENT
RIGHT OF WAY
PROCESS
ORDINANCE NO. 2019-03
Vice Mayor Shimoni asked how controversial issues will be handled in the future. Ms. Lee explained that many of the licenses are fairly mundane such as parking licenses or licenses for special events. They are all presented to the City Manager who can determine if there is any sensitivity associated it. Ms. Goodrich indicated that a monthly recap of all signed license agreements and MOUs could be provided to the Council.
Moved by Councilmember Regina Salas, seconded by Councilmember Jamie Whelan to read Ordinance 2019-03 by title for the first time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE FLAGSTAFF CITY COUNCIL RATIFYING THE FRANT AND RESERVATION OF EASEMENTS; AND FORMALLY ACCEPTING DEDICATIONS AND DONATIONS OF EASEMENTS AND REAL PROPERTY INTERESTS; DELEGATING AUTHORITY; AND ESTABLISHING AN EFFECTIVE DATE
B.
Consideration and Adoption of Ordinance No. 2019-04: An ordinance of the Flagstaff City Council authorizing real property to be dedicated as right-of-way, delegating authority, and establishing a effective date.
Ms. Lee provided a PowerPoint presentation that covered the following:
DEDICATING CITY PROPERTY AS RIGHT OF WAY
OVERVIEW MAP
MAP OF EACH AREA
ORDINANCE NO. 2019-04
DEDICATING CITY PROPERTY AS RIGHT OF WAY
OVERVIEW MAP
MAP OF EACH AREA
ORDINANCE NO. 2019-04
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2019-04 by title only for the first time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE FLAGSTAFF CITY COUNCIL AUTHORIZING REAL PROPERTY TO BE DEDICATED AS RIGHT-OF-WAY, DELEGATING AUTHORITY, AND ESTABLISHING AN EFFECTIVE DATE
C.
Consideration and Adoption of Ordinance No. 2019-05: an ordinance of the City of Flagstaff, dedicating certain City property as public right-of-way, all within the area of South Beulah Boulevard and West University Heights Drive; delegating authority to complete the transactions; and establishing an effective date;
Consideration and Adoption of Ordinance No. 2019-08: an ordinance of the City Council of the City of Flagstaff, granting non-exclusive utility easements to Arizona Public Service Company in, over, and across certain City property, within the area of South Beulah Boulevard and West University Heights Drive; delegating authority to complete the transactions; and establishing an effective date.
Consideration and Adoption of Ordinance No. 2019-08: an ordinance of the City Council of the City of Flagstaff, granting non-exclusive utility easements to Arizona Public Service Company in, over, and across certain City property, within the area of South Beulah Boulevard and West University Heights Drive; delegating authority to complete the transactions; and establishing an effective date.
Ms. Lee provided a PowerPoint presentation that covered the following:
GRANTING EASEMENTS TO APS AND DEDICATING CERTAIN CITY PROPERTY AS
Councilmember McCarthy asked about the work that is currently being done. Project Manager Jeremy DeGeyter indicated that there is already work underway and the ordinance would provide access further south to complete the work.
Ms. Lee continued the presentation.
OVERVIEW MAP
BACKGROUND
TRAILSIDE APARTMENTS PROJECT
WHY DEDICATE CITY PROPERTY AS ROW?
ARIEL MAP
Councilmember Whelan stated that it seems like mistakes were made with the first development and now a new company is coming in and is being charged to fix the original mistakes. She asked if that is a typical practice. Ms. Lee explained that the results of the ordinance directly benefits the development and the City is sharing the cost for the survey work.
Kent Hotsenpiller addressed Council offering that designating the area as public right-of-way allows for more defendable and preferred insurance. This is a HUD project that is 14% affordable and the hope is to get the utility line off the property before closing.
GRANTING EASEMENTS TO APS AND DEDICATING CERTAIN CITY PROPERTY AS
PUBLIC RIGHT-OF-WAY
Councilmember McCarthy asked about the work that is currently being done. Project Manager Jeremy DeGeyter indicated that there is already work underway and the ordinance would provide access further south to complete the work.
Ms. Lee continued the presentation.
OVERVIEW MAP
BACKGROUND
TRAILSIDE APARTMENTS PROJECT
WHY DEDICATE CITY PROPERTY AS ROW?
ARIEL MAP
Councilmember Whelan stated that it seems like mistakes were made with the first development and now a new company is coming in and is being charged to fix the original mistakes. She asked if that is a typical practice. Ms. Lee explained that the results of the ordinance directly benefits the development and the City is sharing the cost for the survey work.
Kent Hotsenpiller addressed Council offering that designating the area as public right-of-way allows for more defendable and preferred insurance. This is a HUD project that is 14% affordable and the hope is to get the utility line off the property before closing.
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Ordinance No. 2019-05 by title only for the first time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, DEDICATING CERTAIN CITY PROPERTY AS PUBLIC RIGHT-OF WAY, ALL WITHIN THE AREA OF SOUTH BEULAH BOULEVARD AND WEST UNIVERSITY HEIGHTS DRIVE; DELEGATING AUTHORITY TO COMPLETE THE TRANSACTIONS; AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Ordinance No. 2019-05 by title only for the final time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, DEDICATING CERTAIN CITY PROPERTY AS PUBLIC RIGHT-OF WAY, ALL WITHIN THE AREA OF SOUTH BEULAH BOULEVARD AND WEST UNIVERSITY HEIGHTS DRIVE; DELEGATING AUTHORITY TO COMPLETE THE TRANSACTIONS; AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Jamie Whelan, seconded by Councilmember Regina Salas to adopt Ordinance No. 2019-05.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jamie Whelan, seconded by Councilmember Regina Salas to read Ordinance No. 2019-08 by title only for the first time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, GRANTING NON-EXCLUSIVE UTILITY EASEMENTS TO ARIZONA PUBLIC SERVICE COMPANY IN, OVER, AND ACROSS CERTAIN CITY PROPERTY, WITHIN THE AREA OF SOUTH BEULAH BOULEVARD AND WEST UNIVERSITY HEIGHTS DRIVE; DELEGATING AUTHORITY TO COMPLETE THE TRANSACTIONS; AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Jamie Whelan, seconded by Councilmember Regina Salas to read Ordinance No. 2019-08 by title only for the final time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, GRANTING NON-EXCLUSIVE UTILITY EASEMENTS TO ARIZONA PUBLIC SERVICE COMPANY IN, OVER, AND ACROSS CERTAIN CITY PROPERTY, WITHIN THE AREA OF SOUTH BEULAH BOULEVARD AND WEST UNIVERSITY HEIGHTS DRIVE; DELEGATING AUTHORITY TO COMPLETE THE TRANSACTIONS; AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Jamie Whelan, seconded by Councilmember Regina Salas to adopt Ordinance 2019-08.
Vote: 7 - 0 - Unanimously
D.
Consideration and Adoption of Resolution No. 2019-12: A resolution approving an Intergovernmental Agreement between the City of Flagstaff and Coconino County regarding the County's continued use of the Joe C. Montoya Community and Senior Center to operate its Senior Nutrition Programs.
Recreation Supervisor Matt Faull addressed Council and explained that the IGA with Coconino County will allow for the continuation of the Senior Nutrition Program at the
Councilmember Whelan thanked Mr. Faull and the staff at the Senior Center for the work they do and their work with the Meals on Wheels program.
Joe C. Montoya Community and Senior Center.
Councilmember Whelan thanked Mr. Faull and the staff at the Senior Center for the work they do and their work with the Meals on Wheels program.
Moved by Councilmember Regina Salas, seconded by Vice Mayor Adam Shimoni to read Resolution No. 2019-12 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FLAGSTAFF AND COCONINO COUNTY REGARDING THE COUNTY’S CONTINUED USE OF THE JOE C. MONTOYA SENIOR CENTER TO OPERATE ITS SENIOR NUTRITION PROGRAMS
Moved by Councilmember Jim McCarthy, seconded by Councilmember Regina Salas to adopt Resolution No. 2019-12.
Vote: 7 - 0 - Unanimously
E.
Consideration and Approval of Final Plat: Request from Neighborhood Homes, LLC, for Preliminary Plat approval for Homes at Verkamp Condominiums: a six-unit residential condominium subdivision on a .49-acre site in the R1N Zone with optional T3N.1 zoning.
Planning Development Manager Genevieve Pearthree provided a PowerPoint presentation that covered the following:
REQUEST FOR PRELIMINARY PLAT APPROVAL
HOMES AT VERKAMP CONDOMINIUMS
VICINITY MAP
BACKGROUND/HISTORY
PRELIMINARY PLAT – OVERALL LAYOUT
PRELIMINARY PLAT – DUPLEX DIVISIONS
BUILDING ELEVATIONS: EXISTING HOME
BUILDING ELEVATIONS: NEW DUPLEXES
SYSTEMS ANALYSIS
REQUIRED FINDINGS
STAFF RECOMMENDATION
Councilmember Whelan offered gratitude to the builder for keeping the historic housing and for having thee other buildings around it fit right into the neighborhood.
Councilmember Odegaard asked why there is a Homeowners Association for such a small development. Ms. Pearthree indicated that there are common spaces and land in the project which need to be managed and that can be done through a homeowners association.
REQUEST FOR PRELIMINARY PLAT APPROVAL
HOMES AT VERKAMP CONDOMINIUMS
VICINITY MAP
BACKGROUND/HISTORY
PRELIMINARY PLAT – OVERALL LAYOUT
PRELIMINARY PLAT – DUPLEX DIVISIONS
BUILDING ELEVATIONS: EXISTING HOME
BUILDING ELEVATIONS: NEW DUPLEXES
SYSTEMS ANALYSIS
REQUIRED FINDINGS
STAFF RECOMMENDATION
Councilmember Whelan offered gratitude to the builder for keeping the historic housing and for having thee other buildings around it fit right into the neighborhood.
Councilmember Odegaard asked why there is a Homeowners Association for such a small development. Ms. Pearthree indicated that there are common spaces and land in the project which need to be managed and that can be done through a homeowners association.
Moved by Councilmember Austin Aslan, seconded by Councilmember Charlie Odegaard to approve the Preliminary Plat.
Vote: 7 - 0 - Unanimously
RECESS
The 4:30 p.m. portion of the April 2, 2019, Regular Council Meeting recessed at 5:39 p.m.
6:00 P.M. MEETING
The 4:30 p.m. portion of the April 2, 2019, Regular Council Meeting recessed at 5:39 p.m.
6:00 P.M. MEETING
RECONVENE
Mayor Evans reconvened the Regular Meeting of April 2, 2019, at 6:00 p.m.
Mayor Evans reconvened the Regular Meeting of April 2, 2019, 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).
8.
ROLL CALL
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: MAYOR EVANS VICE MAYOR SHIMONI COUNCILMEMBER ASLAN COUNCILMEMBER MCCARTHY COUNCILMEMBER ODEGAARD COUNCILMEMBER SALAS COUNCILMEMBER WHELAN |
ABSENT: |
Others present: City Manager Barbara Goodrich; City Attorney Sterling Solomon.
9.
PLEDGE OF ALLEGIANCE
The Council and audience recited the pledge of allegiance.
The Council and audience recited the pledge of allegiance.
10.
PUBLIC PARTICIPATION
Daniel Palm addressed Council about NAU’s International Education program and their commitment to providing opportunities for students to participate in international studies for the last 50 years.
John Taylor addressed Council about the City Hall landscape project with TerraBirds.
The following individuals addressed Council in support of a Keep Families Free and Together ordinance:
John Taylor addressed Council about the City Hall landscape project with TerraBirds.
The following individuals addressed Council in support of a Keep Families Free and Together ordinance:
- Evan Luthye
- Rebecca Ellerbroek
- Sarah Bibby
- Ariana Magana
- Courtney Larson
- Lilly Price
11.
CARRY OVER ITEMS FROM THE 4:30 P.M. AGENDA
12.
PUBLIC HEARING ITEMS
A.
Appeal of the Denial by the Planning and Zoning Commission: of Conditional Use Permit PZ-18-0011-02 requested by Pinnacle Consulting on behalf of Verizon Wireless.
Mayor Evans opened the public hearing.
Planning Director Tiffany Antol provided a PowerPoint presentation that covered the following:
PZ-18-00111-02 ANTENNA SUPPORTING STRUCTURE CONDITIONAL USE PERMIT
PROPOSED SITE PLAN
PROPOSED STRUCTURE
PLANNING & ZONING COMMISSION – JANUARY 9TH
NEIGHBORHOOD MEETING – JANUARY 30TH
PLANNING & ZONING COMMISSION – FEBRUARY 13TH
FINDINGS
ADDITIONAL FINDINGS
The applicant Michelle Lamaro provided a summary of the project.
SUMMARY
Verizon Consulting Engineer Steve Kennedy continued the presentation.
WIRELESS NETWORK CONSULTING
AZ2_FLAGSTAFF-EAST GAMMA SECTOR CURRENT STATE
SITE MAP
OBJECTIVE OF NEW SITE
RF SAFETY
ROOT METRICS – THROUGHPUT MAP
Councilmember Whelan asked why additional antenna cannot be added to the existing tower. Mr. Kennedy stated that Verizon has utilized all the frequency bands available that they have licensed. Flagstaff is a large user of data and they have added all the channels available but there is no more bandwidth available. Adding a piece of hardware to an existing site does not add additional capacity. He offered the analogy that a new site is like a new street and more bandwidth is a new lane. They have added more lanes to all streets available and now it is time for a new street.
The following individuals addressed Council in opposition of the Conditional Use Permit:
Ms. Lamora offered that the site is not considered a scenic area and it is not technically zoned as such. She also indicated that 5G will not be located at this site. Cell phone use is increasing as is demonstrated by the discontinued use of land lines for a home phone. They follow all guidelines set by the FCC and they have met all the requirements of the Conditional Use Permit.
Councilmember Whelan asked about the hardware on the existing tower and if it has been updated to its highest potential. Ms. Lamora stated that they did an upgrade around 2017 to the remote radio heads and antennas to improve and extend coverage but that the coverage area is shrinking in the area.
Councilmember Whelan asked about efforts to find other preferred sites. Ms. Lamora stated that engineers have looked at all the sites in the area and their capacity. They have determined that a new tower is needed and provided a search ring area to find a site. Unfortunately, in this area all the sites were disfavored, and the most favorable site for coverage was closer to residential units. The Trinity Heights location provides the furthest location to residential units. If there was a preferred site they would have gone there.
Vice Mayor Shimoni asked about the complaints made by Verizon customers about need in that area. Ms. Lamora indicated that carriers are required to meet certain objectives for their FCC licenses and once they start seeing their sites degrade, they have to find another site to meet their FCC requirements. Verizon has been working on this site for six years as coverage has begun to decline.
Vice Mayor Shimoni stated that he has been struggling to make the findings needed to approve the request. In terms of being a disfavorable site, even through you were not given favorable options, there was not enough work demonstrated to find an alternative site. His primary concerns are within Findings 1 and 2.
Councilmember McCarthy expressed that after considering all the information and hearing from the public he still has a lot of concerns. He does not believe that the findings for a new tower were demonstrated and he is likely to vote no on the appeal and support the Planning and Zoning Commission decision.
Councilmember Odegaards stated that he is not in favor of overturning the Planning and Zoning Commission denial of this applicant for the same reasons the commission cited.
Councilmember Salas indicated that she could not make the findings to support an appeal primarily because the Conditional Use Permit is not consistent with the Zoning Code and the purpose of the site where it is located. She could not make the finding that the proposed use is reasonably compatible with the surrounding area specifically for the impact on public facilities and that it will not disrupt existing utilities.
Councilmember Aslan stated that it seems clear that the need has not been demonstrated and other appropriate sites may be out there he will be upholding Planning and Zoning Commission’s earlier decision.
Councilmember Whelan indicated that she also could not make the findings and agrees with the determination of the Planning and Zoning Commission.
Mayor Evans stated that she agrees with what the others have said and she feels that the application was incomplete and the applicant did not prove that they looked for alternative sites.
There being no further comments, Mayor Evans closed the public hearing.
Planning Director Tiffany Antol provided a PowerPoint presentation that covered the following:
PZ-18-00111-02 ANTENNA SUPPORTING STRUCTURE CONDITIONAL USE PERMIT
APPEAL
VERIZON ANTENNA SUPPORT STRUCTURE – CUPPROPOSED SITE PLAN
PROPOSED STRUCTURE
PLANNING & ZONING COMMISSION – JANUARY 9TH
NEIGHBORHOOD MEETING – JANUARY 30TH
PLANNING & ZONING COMMISSION – FEBRUARY 13TH
FINDINGS
ADDITIONAL FINDINGS
The applicant Michelle Lamaro provided a summary of the project.
SUMMARY
Verizon Consulting Engineer Steve Kennedy continued the presentation.
WIRELESS NETWORK CONSULTING
AZ2_FLAGSTAFF-EAST GAMMA SECTOR CURRENT STATE
SITE MAP
OBJECTIVE OF NEW SITE
RF SAFETY
ROOT METRICS – THROUGHPUT MAP
Councilmember Whelan asked why additional antenna cannot be added to the existing tower. Mr. Kennedy stated that Verizon has utilized all the frequency bands available that they have licensed. Flagstaff is a large user of data and they have added all the channels available but there is no more bandwidth available. Adding a piece of hardware to an existing site does not add additional capacity. He offered the analogy that a new site is like a new street and more bandwidth is a new lane. They have added more lanes to all streets available and now it is time for a new street.
The following individuals addressed Council in opposition of the Conditional Use Permit:
- Jennifer Flugstad
- Robyn Zacharias
- Donna Fosberg
- Teresa Peterson
- Anne Anders
- Sue Worthington
- Eric Kolvig
- Ginger VanDiviek
- Alan Bonner
- Juliana Suby
- Jackson Lander
- McKenzie Bevirt
- Lang Suby
- Floyd Bradford
- Margaret Gunderson
- Hans Gunderson
- Michael Yeatts
- Nina Swidler
- Robert Vane
- Carrie Cowger
- Janet Sliva
- Carrie Warman
- Brooks Hart
- The tower could affect the research and wildlife in the area.
- The location is a disfavored site.
- Pinnacle Consulting has not proven that the location is not harmful to the health and welfare of the surrounding residents.
- The Mount Elden area needs to be protected.
- 5G and other technologies are not safe and they are harmful to all biological health.
- Putting the tower here would set a bad precedent for Flagstaff and would devalue homes in the area.
- There is not a need for a new tower because there are two other providers in town who are not asking for additional towers.
- This is about money only, Trinity Heights has a significant financial benefit to place the tower on their property.
- There are three pipelines that run through the area and disturbing the ground around them to place a tower would put people in the area at great risk.
- Please uphold the decision of the Planning and Zoning Commission.
- If capacity is needed it should be done in an industrial area.
- Do not set the precedent of allowing cell towers in undesirable areas.
- Concerned about the visual aesthetic in a forested area.
- Concerned about lighting strikes and the fire danger.
- The land is a conservation zone and needs to be protected.
- The applicant has failed to provide the need at the location and there are other locations available.
- Tim Whiteside
- Jennifer Spinti
- The trustees for Trinity Heights, the congregation, and United Methodist are all in support of the tower in the proposed location.
- The site is behind the church, east of Fourth Street and the height is similar to the adjacent pine trees, the church would block quite a bit of the view of the tower.
- The tower would be on private property, not the National Forest.
- Supportive of the tower so long as all necessary precautions are taken to protect the residents and follow all regulations set by the FCC.
- Many have benefitted from having cell phone access in the forest for emergency situations.
- Margaret Gunderson
- Hans Gunderson
- Emily Eaves
- Sallie Kladnik
- Chris Eaves
- Mike McMullen
- Sharon Gunderson
- Piero Desimone
Ms. Lamora offered that the site is not considered a scenic area and it is not technically zoned as such. She also indicated that 5G will not be located at this site. Cell phone use is increasing as is demonstrated by the discontinued use of land lines for a home phone. They follow all guidelines set by the FCC and they have met all the requirements of the Conditional Use Permit.
Councilmember Whelan asked about the hardware on the existing tower and if it has been updated to its highest potential. Ms. Lamora stated that they did an upgrade around 2017 to the remote radio heads and antennas to improve and extend coverage but that the coverage area is shrinking in the area.
Councilmember Whelan asked about efforts to find other preferred sites. Ms. Lamora stated that engineers have looked at all the sites in the area and their capacity. They have determined that a new tower is needed and provided a search ring area to find a site. Unfortunately, in this area all the sites were disfavored, and the most favorable site for coverage was closer to residential units. The Trinity Heights location provides the furthest location to residential units. If there was a preferred site they would have gone there.
Vice Mayor Shimoni asked about the complaints made by Verizon customers about need in that area. Ms. Lamora indicated that carriers are required to meet certain objectives for their FCC licenses and once they start seeing their sites degrade, they have to find another site to meet their FCC requirements. Verizon has been working on this site for six years as coverage has begun to decline.
Vice Mayor Shimoni stated that he has been struggling to make the findings needed to approve the request. In terms of being a disfavorable site, even through you were not given favorable options, there was not enough work demonstrated to find an alternative site. His primary concerns are within Findings 1 and 2.
Councilmember McCarthy expressed that after considering all the information and hearing from the public he still has a lot of concerns. He does not believe that the findings for a new tower were demonstrated and he is likely to vote no on the appeal and support the Planning and Zoning Commission decision.
Councilmember Odegaards stated that he is not in favor of overturning the Planning and Zoning Commission denial of this applicant for the same reasons the commission cited.
Councilmember Salas indicated that she could not make the findings to support an appeal primarily because the Conditional Use Permit is not consistent with the Zoning Code and the purpose of the site where it is located. She could not make the finding that the proposed use is reasonably compatible with the surrounding area specifically for the impact on public facilities and that it will not disrupt existing utilities.
Councilmember Aslan stated that it seems clear that the need has not been demonstrated and other appropriate sites may be out there he will be upholding Planning and Zoning Commission’s earlier decision.
Councilmember Whelan indicated that she also could not make the findings and agrees with the determination of the Planning and Zoning Commission.
Mayor Evans stated that she agrees with what the others have said and she feels that the application was incomplete and the applicant did not prove that they looked for alternative sites.
There being no further comments, Mayor Evans closed the public hearing.
Moved by Vice Mayor Adam Shimoni, seconded by Councilmember Austin Aslan to deny the appeal because the Council cannot make the required findings under Disfavored Site Finding 1, New Tower Finding C, and Standard CUP Findings 1, 2B, 3C, D, E, F, and I uphold the decision of the Planning and Zoning Commission.
Moved by Councilmember Jamie Whelan, seconded by Councilmember Jim McCarthy to add New Tower Finding 1A and Disfavored Site Finding 2.
Vote: 7 - 0 - Unanimously
ORIGINAL MOTION
Vote: 7 - 0 - Unanimously
13.
DISCUSSION ITEMS
A.
Climate Action and Adaptation Plan Implementation Update
Sustainability Specialist Jenny Neiman provided a PowerPoint presentation that covered the following:
CLIMATE ACTION AND ADAPTATION PLAN IMPLEMENTATION UPDATE
AGENDA
THE PLAN!
OVERARCHING GOALS
PLAN FOCUS AREAS
OPERATIONALIZING EQUITY
ANALYZING IMPACTS OF STRATEGIES AND ACTIONS
COLLABORATION ACROSS THE CITY
WHAT HAS BEEN ACCOMPLISHED
WHAT WE’RE WORKING ON NOW
HIGHLIGHTS OF WHAT’S NEXT
COMMUNITY PARTNERSHIPS
WHAT HS BEEN ACCOMPLISHED?
ONGOING COMMUNITY OUTREACH
Climate Education Vista Lee Bryant continued the presentation.
CLIMATE AMBASSADOR TRAINING
YOUTH PROGRAMMING
Ms. Neiman concluded the presentation.
HIGHLIGHTS OF WHAT’S NEXT
QUESTIONS?
Vice Mayor Shimoni asked what some of the challenges may be moving forward with the progress. Ms. Neiman explained that it is a big task and it takes time to shift the organization. They are working to support staff in making changes and bringing these efforts into staff processes. Their job is to provide resources to other Divisions as they make changes in process and they are excited about putting processes into place to move things along. Sustainability Manager Nicole Antonopoulos added that there are multiple tracks staff is working on such as being able to address community concerns, organizational needs, and implementation strategies. They are a small program and it will be important to build capacity and balance the needs.
Councilmember Aslan stated that he is supportive of the work being done and he is excited about the Climate Action and Adaptation Plan being implemented as fully as possible. He asked if there are things being done in the short, mid, and long term to capture the savings being realized by the City. Ms. Neiman stated that they are currently capturing data in the short term to calculate the overall savings. With more implementation more data can be captured on savings.
Councilmember Aslan asked about interest from other municipalities or governments and if there are requests for information coming in about Flagstaff’s program. Ms. Neiman stated that there have been a few requests from students and other municipalities and the Mayor has been doing presentations throughout the state. Ms. Antonopoulos stated that Flagstaff is very involved with the North American Sustainability Network which allows for sharing of work and resources with others throughout the country.
Councilmember Whelan expressed disappointment that the TerraBirds project was shelved. Public Works Director Andy Bertelsen explained that the project was not shelved but rather postponed because staff learned that there is a potential ADOT project that could affect the City Hall lawn. Staff is working with ADOT to understand impacts and timelines as well as with TerraBirds on alternative project ideas.
Mayor Evans offered that she is excited about the positive impacts the plan offers to the business community. There is a perception in general when it comes to environmental movements that it only applies to those who have wealth. It is important for all facets of the community to be involved. She asked if there are ways to build a more diverse wisdom from different aspects and cultures around the City so everyone can feel a level of ownership of the plan. Ms. Neiman agreed that a successful plan will include everyone. They are working on putting together an outreach group that has a primary focus of equity. They are also seeking out individuals to participate in the Climate Ambassador Program that represent all areas and demographics of Flagstaff. It is about building trust in the community and that takes time.
CLIMATE ACTION AND ADAPTATION PLAN IMPLEMENTATION UPDATE
AGENDA
THE PLAN!
OVERARCHING GOALS
PLAN FOCUS AREAS
OPERATIONALIZING EQUITY
ANALYZING IMPACTS OF STRATEGIES AND ACTIONS
COLLABORATION ACROSS THE CITY
WHAT HAS BEEN ACCOMPLISHED
WHAT WE’RE WORKING ON NOW
HIGHLIGHTS OF WHAT’S NEXT
COMMUNITY PARTNERSHIPS
WHAT HS BEEN ACCOMPLISHED?
ONGOING COMMUNITY OUTREACH
Climate Education Vista Lee Bryant continued the presentation.
CLIMATE AMBASSADOR TRAINING
YOUTH PROGRAMMING
Ms. Neiman concluded the presentation.
HIGHLIGHTS OF WHAT’S NEXT
QUESTIONS?
Vice Mayor Shimoni asked what some of the challenges may be moving forward with the progress. Ms. Neiman explained that it is a big task and it takes time to shift the organization. They are working to support staff in making changes and bringing these efforts into staff processes. Their job is to provide resources to other Divisions as they make changes in process and they are excited about putting processes into place to move things along. Sustainability Manager Nicole Antonopoulos added that there are multiple tracks staff is working on such as being able to address community concerns, organizational needs, and implementation strategies. They are a small program and it will be important to build capacity and balance the needs.
Councilmember Aslan stated that he is supportive of the work being done and he is excited about the Climate Action and Adaptation Plan being implemented as fully as possible. He asked if there are things being done in the short, mid, and long term to capture the savings being realized by the City. Ms. Neiman stated that they are currently capturing data in the short term to calculate the overall savings. With more implementation more data can be captured on savings.
Councilmember Aslan asked about interest from other municipalities or governments and if there are requests for information coming in about Flagstaff’s program. Ms. Neiman stated that there have been a few requests from students and other municipalities and the Mayor has been doing presentations throughout the state. Ms. Antonopoulos stated that Flagstaff is very involved with the North American Sustainability Network which allows for sharing of work and resources with others throughout the country.
Councilmember Whelan expressed disappointment that the TerraBirds project was shelved. Public Works Director Andy Bertelsen explained that the project was not shelved but rather postponed because staff learned that there is a potential ADOT project that could affect the City Hall lawn. Staff is working with ADOT to understand impacts and timelines as well as with TerraBirds on alternative project ideas.
Mayor Evans offered that she is excited about the positive impacts the plan offers to the business community. There is a perception in general when it comes to environmental movements that it only applies to those who have wealth. It is important for all facets of the community to be involved. She asked if there are ways to build a more diverse wisdom from different aspects and cultures around the City so everyone can feel a level of ownership of the plan. Ms. Neiman agreed that a successful plan will include everyone. They are working on putting together an outreach group that has a primary focus of equity. They are also seeking out individuals to participate in the Climate Ambassador Program that represent all areas and demographics of Flagstaff. It is about building trust in the community and that takes time.
B.
Discussion/Direction: Current Issues Before Arizona Legislature and Federal Issues.
Interim Assistant to the City Manager Cliff Bryson addressed Council providing a PowerPoint presentation that covered the following:
STATE LEGISLATIVE UPDATE
LEGISLATIVE BILL UPDATE
47 BILLS SENT TO THE GOVERNOR SO FAR
1 VETOED BY THE GOVERNOR
SB 1366 – COMMERCE AUTHORITY; DATA CENTERS
SB 1147 – S/E TOBACCO PRODUCTS; VAPOR PRODUCTS
HB 2559 – P2P CAR SHARING/SB1305 P2P CAR RENTALS
SB 1460 – DIGITAL GOODS, TAX CONFORMITY AND WAYFAIR
HB 2473 – STATE LIQUOR BOARD; MEMBERSHIP
SB 1225 – APPROPRIATION; DEVELOPMENTAL DISABILITIES SERVICES PROVIDERS
SB 1424 – 2020 CENSUS; OUTREACH; APPROPRIATION
QUESTIONS
Council discussed the upcoming State lobbying trip and determined that Mayor Evans, along with Councilmembers Odegaard, Aslan, and Whelan would attend the trip.
STATE LEGISLATIVE UPDATE
LEGISLATIVE BILL UPDATE
47 BILLS SENT TO THE GOVERNOR SO FAR
1 VETOED BY THE GOVERNOR
SB 1366 – COMMERCE AUTHORITY; DATA CENTERS
SB 1147 – S/E TOBACCO PRODUCTS; VAPOR PRODUCTS
HB 2559 – P2P CAR SHARING/SB1305 P2P CAR RENTALS
SB 1460 – DIGITAL GOODS, TAX CONFORMITY AND WAYFAIR
HB 2473 – STATE LIQUOR BOARD; MEMBERSHIP
SB 1225 – APPROPRIATION; DEVELOPMENTAL DISABILITIES SERVICES PROVIDERS
SB 1424 – 2020 CENSUS; OUTREACH; APPROPRIATION
QUESTIONS
Council discussed the upcoming State lobbying trip and determined that Mayor Evans, along with Councilmembers Odegaard, Aslan, and Whelan would attend the trip.
Moved by Vice Mayor Adam Shimoni, seconded by Councilmember Austin Aslan to continue the meeting in accordance to the City Council Rules of Procedure.
Vote: 3 - 4
- AYE:
-
Councilmember Austin Aslan
Councilmember Jamie Whelan
Vice Mayor Adam Shimoni
14.
COUNCIL LIAISON REPORTS
15.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
16.
ADJOURNMENT
The Regular Meeting of the Flagstaff City Council held April 2, 2019, adjourned at 9:38 p.m.
The Regular Meeting of the Flagstaff City Council held April 2, 2019, adjourned at 9:38 p.m.
| _______________________________ MAYOR |
|
| ATTEST: |
|
_________________________________ CITY CLERK |
CERTIFICATION
I, STACY SALTZBURG, do hereby certify that I am the City Clerk of the City of Flagstaff, County of Coconino, State of Arizona, and that the above Minutes are a true and correct summary of the Meeting of the Council of the City of Flagstaff held on April 2, 2019. I further certify that the Meeting was duly called and held and that a quorum was present.
| DATED this 20th day of October, 2020. | |
________________________________ CITY CLERK |