TUESDAY, MAY 21, 2019
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN AVE
4:30 P.M. AND 6:00 P.M.
MINUTES
Vice Mayor Shimoni called the meeting of the Flagstaff City Council held June 4, 2019, to order at 4:31 p.m.
NOTE: One or more Councilmembers may be in attendance through other technological means.
| PRESENT: VICE MAYOR SHIMONI COUNCILMEMBER ASLAN COUNCILMEMBER MCCARTHY COUNCILMEMBER ODEGAARD COUNCILMEMBER SALAS COUNCILMEMBER WHELAN |
ABSENT: MAYOR EVANS |
The Council and audience recited the pledge of allegiance and Councilmember Whelan 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.
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.
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 Vice Mayor Adam Shimoni, seconded by Councilmember Jamie Whelan to appoint Richard Becher to a term expiring May 2022.
Vote: 6 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to appoint Michael Baker to a term expiring May 2021.
Vote: 6 - 0 - Unanimously
Moved by Councilmember Jamie Whelan, seconded by Councilmember Charlie Odegaard to appoint Patricia Loven to a term expiring May 2021.
Vote: 6 - 0 - Unanimously
GENERAL PROJECT INFORMATION
PROJECT BUDGET
PROJECT SCHEDULE
AMENDMENT #3, GMP#2
Moved by Councilmember Jamie Whelan, seconded by Councilmember Charlie Odegaard to award the Design-Build Services Amendment GMP #2 to Kinney Construction Services,Inc. of Flagstaff Arizona in an amount not to exceed $15,557,094 with a 329 calendar-day contract period and authorize the City Manager to execute the necessary documents
Vote: 6 - 0 - Unanimously
PROGRAM OVERVIEW
HURF and RRSS
OCI
2019 PROGRAM COST
Councilmember Salas asked if the financial obligation for the design consultant was budgeted to which Mr. Bertelsen answered yes.
Vice Mayor Shimoni asked if the program was addressing only chip seal or work on infrastructure. He also inquired if the chip sealing works with the existing sidewalks. Mr. Bertelsen stated that it was a mixture of both and that street overlays worked in tandem with sidewalks.
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Regina Salas to approve the Annual Street Maintenance Chip Seal Program 2019 and execute a Construction Manager at Risk (CMAR) Contract with C and E Paving & Grading, LLC for a Guaranteed Maximum Price (GMP) of $2,033,450.55 and authorize the City Manager to execute the necessary documents.
Vote: 6 - 0 - Unanimously
Moved by Councilmember Jamie Whelan, seconded by Councilmember Jim McCarthy to adopt Ordinance No. 2019-10.
Vote: 6 - 0 - Unanimously
Moved by Councilmember Jamie Whelan, seconded by Councilmember Jim McCarthy to read Ordinance No. 2019-10 by title only for the final time.
Vote: 6 - 0 - Unanimously
MAP, HISTORY, AND RENDERING
VICINITY MAP
HISTORY
RENDERING
Councilmember Whelan stated that she would be bringing forward a FAIR to discuss allowing compostable toilets in Flagstaff. She also asked if the facilities were ADA compliant. Ms. Hagin stated that there were three ADA compliant permanent toilets.
Council expressed appreciation for the project.
Moved by Councilmember Regina Salas, seconded by Councilmember Jamie Whelan to approve the cooperative purchase contract in the amount of $202,506.00 with The Public Restroom Company to purchase and install a turnkey restroom at Buffalo Park through the BuyBoard Cooperative Purchasing Agreement 2019-115 and authorize the City Manager to execute the necessary documents
Vote: 6 - 0 - Unanimously
Council expressed hesitation and concern about implementing the program without the new City Manager in place and discussed a possible postponement of the project until then. While they agreed to move forward with the contract, Council requested a work session on how the project would be implemented.
Moved by Councilmember Austin Aslan, seconded by Councilmember Charlie Odegaard to approve the Sole Source License and Hosting Agreement with Resource Exploration, LLC for Priority Based Budgeting for an amount not to exceed $165,000.00 and authorize the City Manager to execute the necessary documents.
Vote: 6 - 0 - Unanimously
The 4:30 p.m. portion of the May 21, 2019, Regular Council Meeting recessed at 5:50 p.m.
6:00 P.M. MEETING
Mayor Evans reconvened the Regular Meeting of May 21, 2019, at 6:02 p.m.
NOTE: One or more Councilmembers may be in attendance through other technological means.
| PRESENT: MAYOR EVANS VICE MAYOR SHIMONI COUNCILMEMBER ASLAN COUNCILMEMBER MCCARTHY (arrived at 6:03 p.m.) COUNCILMEMBER ODEGAARD COUNCILMEMBER SALAS COUNCILMEMBER WHELAN |
ABSENT: |
The Council and audience recited the pledge of allegiance.
None
Councilmember Whelan asked what estimated annual meant. Mr. Groth stated that since staff did not know the amount of testing that would be required each year, the total contract amount was an estimate. The actual cost would be based on how many tests were performed each year.
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to approve the Professional Services Contract with ATL, Inc. dba CMT Engineering Laboratories for an estimated annual amount of $220,500.00 and authorize the City Manager to execute the necessary documents.
Vote: 7 - 0 - Unanimously
CONTRACT AMENDMENT TO COF-EAH
EMPLOYER ASSISTED HOUSING
PROGRAM UPDATE
SIMPLE TERMS
NEXT STEP
Councilmember Whelan asked about the long term sustainability of the program. Ms. Bloom explained that the loan could be payable if the employee left employment with the city before the 10-year contract. The city would need to continue to add funding to the program to sustain. Councilmember Whelan indicated that she did not see the program as an employee retention benefit and she would like to explore other options.
Moved by Vice Mayor Adam Shimoni, seconded by Councilmember Jim McCarthy Approve the recommended contract amendment to clarify employee eligibility criteria for the City of Flagstaff Employer Assisted Housing (COF-EAH) program.
Vote: 7 - 0 - Unanimously
Planning Development Manager Neil Gullickson provided a PowerPoint presentation that covered the following:
SCHEDULE
MAP
PROPOSED ZONING MAP
FINDINGS
OFFSITE IMPROVEMENTS MAP
OTHER CITY PROJECTS IN THE AREA
PROPORTIONAL ROADWAY IMPROVEMENTS
UTILITY IMPROVEMENTS
RECOMMENDATION
Brian Rhoton from Capstone Homes addressed Council and discussed the following points:
- History of Canyon del Rio
- The purchase of the property at auction
- Impactful state legislation
- The settlement agreement
- An overview of the parcels requested for rezoning
- The commercial alignment
- High density residential that included 672 family-style apartments, duplex and single family homes
- The potential for church or school on the property
- Open space elements
- Energy efficiency and innovative building that included net zero energy rating for family housing.
- Various infrastructure improvements
- Tax and fee income benefits
Councilmember Odegaard asked when the infrastructure would be installed. Mr. Rhoton stated that it would be market dependent but about five to ten years.
Councilmember Odegaard then asked if the multi-family units would be traditional units or focused more toward students. Mr. Rhoton explained that the units would be traditional and acknowledged that student housing was focused closer to NAU and that the Canyon del Rio location was not a great place for student housing.
Vice Mayor Shimoni asked about the affordable housing and how the location was chosen. Mr. Rhoton indicated that it was established in 2012 and was part of the settlement agreement. There were no incentives to Canyon del Rio directly but that there were incentives to developers to develop affordable housing that was dispersed throughout the community.
Mayor Evans asked how many affordable housing units would be provided to which Mr. Rhoton stated 80 units.
Concerns were expressed about not being able to meet the minimum density with three story buildings and the need to come back for an amendment to go to four stories. There was also discussion about the commercial space and potential uses. Mr. Rhoton indicated that with mixed-use there were a number of options to consider including office space, a church, or perhaps a small grocer. The commercial would come in after John Wesley Powell was developed along with the other subdivisions.
Councilmember Whelan expressed concern about the vagueness of the project and her dissatisfaction with the affordable housing being placed in the back lot with high tension wires. She believed that the community needed market and supply and that affordable housing should be dispersed among market rate housing throughout the community.
Councilmember Aslan asked about potential improvements to Sinagua Heights Road because there would be an impact on the neighborhood. He suggested that a crosswalk could be a way to assist with the concerns coming from the neighborhood. He added that he could not support the zoning change without a formal assurance of no student housing complexes. Mr. Rhoton explained that they were not asking for high occupancy housing or a variance for parking. It would be traditional, high density residential.
Councilmember Salas asked for more information on the master vision for the proposal. Mr. Rhoton stated that the master plan was created in 1984 and that it met the requirements for the Regional Plan. In order to underwrite the project high density residential zoning was necessary. There was 54 acres of open space along with open spaces within the development and plans to connect to existing FUTs trails.
Councilmember Salas asked about potential revenue generation. Mr. Rhoton stated that two types of revenue would be created. The first was ongoing sales tax and the second was property taxes; he estimated about $2 million for the property tax and $790,000 for sales tax. The water and sewer income would generate about $14 million along with $42 million in one-time fees.
Councilmember Odegaard asked about the traffic impact. It was shared that the Traffic Impact Analysis found very little impact. There were concerns expressed about the impact to school traffic.
Vice Mayor Shimoni asked if there had been any discussions with NAIPTA regarding additional bus stops. He also asked about the possibility of athletic fields or basketball courst in the open spaces within the community. Mr. Rhoton stated that there would be accommodations for bus stops integrated into the development. With regard to the use of the open space, he stated that there was potential.
The following individuals addressed Council in opposition of the amendment:
- Richard Brose
- Jana Kettering
- Valarie A. Bryant
- Anne Vonesh
- Wilma Ennenga
- John Gearhart
- James Brose
- Concerned about the existing school traffic and then adding another 3,000 to 4,000 people in the area.
- Concerned about increased noise in the area.
- Additional stipulations on construction were needed.
- Gridlock from schools and adding 3 to 4 thousand more people in areas.
- The State Historic Preservation Officer should analyze the area for historical artifacts.
- There are safety concerns with children crossing the road.
- The Traffic Impact Analysis was done on a snow day.
- Concerned about Butler being widened without pedestrian walkways.
- There is only one way in and one way out leading to evacuation concerns.
- There would be a negative impact on the viewshed.
- Concerned about the potential for flooding.
- The parcel should only be used as open space.
- The commercial space would not be utilized and remain vacant.
- Concerns about the environmental impacts along with water, energy, waste, and public health.
- Research and Development should be the focus over commercial.
- Concerned about endangered species in the area such as prairie dogs.
The following individuals submitted written comments in opposition to the rezoning:
- Nancy Scheneman-Brehm
- William Schmelzer
- Carol Gamble
There being no further public comment, Mayor Evans closed the public hearing.
Councilmember Whelen indicated that she believed that it was time for the property to develop and grow. She felt that the development agreements could properly capture the restrictions.
Councilmember Asland stated that he wanted reasonable assurance that there would not be a student housing complex developed in the area.
Mr. Gullickson indicated that the development agreement could stipulate that and he would have proposed language before second reading and adoption of the ordinance.
Councilmember McCarthy expressed support. He noted that development in the high density residential zone should be limited to three stories except where impractical to achieve the densities required by the zoning code and regional plan, in which case four storied would be permitted.
Vice Mayor Shimoni noted his support for the building height restrictions and that he would like to investigate opportunities for more affordable housing.
Mayor Evans stated that she would be interested in a payment in lieu of donation of land for affordable housing. Mr. Rhoton indicated his support of a payment in lieu.
Vice Mayor Shimoni added that he had concerns about increased noise in the area and the impact that would have on the surrounding neighborhoods.
Councilmemebr Whelan stated that the priority was housing and while she wanted to keep research and development, she was not sure it could be done for that property.
Councilmember Odegaard acknowledged the concerns of surrounding neighborhoods. He felt that there were things in place to protect the viewshed, existing trees, etcetera. He was supportive of moving forward but also shared his concerns about the proximity of the schools with traffic and pedestrians. He also indicated that he was supportive of a payment in lieu of property for affordable housing.
Councilmember Salas suggested that widening Fourth Street to Butler could potentially mitigate access concerns. She asked Historic Preservation Manager Sara Dechter about the preservation concerns that were expressed. Ms. Dechter stated that the required resource studies had been completed on the parcel and recorded as required. The sites could be built over in accordance with all state and federal laws.
Councilmember Aslan stated that he liked the connectivity of the project, the net zero building plan, and the support of the Regional Plan. He does not believe that students will avoid the area and he does not want student housing there. He does not believe that more units would help with affordability, it was a supply issue, and the project would add more supply. With the contingencies discussed, he was willing to move forward.
Mayor Evans stated that traffic at the schools needed to be addressed and that there needed to be discussions with Flagstaff Unified School District. She explained that affordable housing was an issue, not just for people who are moving into the community; there were third and fourth generation Flagstaff residents who could not afford to live in Flagstaff any longer. She asked Council to consider a payment in lieu of an affordable housing land donation. She indicated her support for a cap on building height with the understanding of density. Concerning research and development, she asked if it was possible to have two zones, commercial and research and development, on the property to provide flexibility. Mr. Gullickson explained that he would need to do some research on possibilities to provide that flexibility and bring that back to Council as part of the second read and adoption of the ordinance.
Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Adam Shimoni to read Ordinance No. 2019-14 by title only for the first time with the understanding that staff would bring back to Council before the final read proposed wording on building height being limited to three stories, that in lieu of the land donation for affordable housing there would be a contribution to the city's affordable housing fund, on preventing rooming and boarding, and on flexibility for commercial space.
Vote: 7 - 0 - Unanimously
MOBILE HOME ASSISTANCE FOR DISPLACED RESIDENTS PROGRAM
HISTORICAL TIMELINE
PROCUREMENT AND PROGRAM CREATION
PROGRAM GOAL
Moved by Vice Mayor Adam Shimoni, seconded by Councilmember Regina Salas to approve the contract with Flagstaff Shelter Services for the administration of the Mobile Home Assistance for Displaced Residents Program.
Vote: 7 - 0 - Unanimously
STATED AND FEDERAL LEGISLATIVE UPDATE
PRESENTATION OUTLINE
STATE LEGISLATIVE UPDATE
GENERAL LEGISLATIVE OVERVIEW
STATE BUDGET OVERVIEW
FEDERAL LEGISLATIVE OVERVIEW
SB1225: APPROPRIATION; DEVELOPMENTAL DISABILITIES SERVICE PROVIDERS
HB2115: LANDLORD TENANT; STATE PREEMPTION
SB1001: HIGHWAY SAFETY FEE
SB1147 S/E TOBACCO PRODUCTS; VAPOR PRODUCTS
HB2473: STATE LIQUOR BOARD; MEMBERSHIP
HB2672 VACATION RENTALS; SHORT-TERM RENTALS; REGULATION
WAYFAIR
QUESTIONS
Moved by Mayor Coral Evans, seconded by Councilmember Jamie Whelan to recess into Executive Session for legal advice.
Vote: 7 - 0 - Unanimously
Deputy City Manager Shane Dille stated that the city would work with the local service providers to discuss the local impacts and how they could work together. Staff would update Council on outcomes.
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jamie Whelan to continue the meeting in accordance with the Council Rules of Procedure.
Vote: 7 - 0 - Unanimously
Vice Mayor Shimoni reported that he attended the Alliance meeting where they discussed budgets, Stronger as One, and mental health.
After discussion and upon agreement by three members of the Council, an item will be moved to a regularly-scheduled Council meeting.
Vice Mayor Shimoni stated that he, and Councilmembers Odegaard and Salas toured the Salvation Army facility with the new Executive Director. He also participated in Bike to Work week with Councilmember Odegaard and Councilmember Whelan. He suggested that the city recognize the two Flagstaff High School students who won the Vans competition.
Councilmember Whelan requested the following FAIR items:
- A discussion about a policy to allow all employees to live outside city limits except those who are specified by city charter.
- Discussion about renaming anything named after Louis Agassiz due to accusations of racism.
- Discussion about pocket parks.
The Regular Meeting of the Flagstaff City Council held May 21, 2019, adjourned at 10:10 p.m.
_____________________________________ MAYOR |
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| ATTEST: |
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_____________________________________ CITY CLERK |
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 May 21, 2019. I further certify that the Meeting was duly called and held and that a quorum was present.
| DATED this 18th day of March, 2025 | |
________________________________________ CITY CLERK |