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Minutes for City Council Meeting - FINAL

 
CITY COUNCIL REGULAR MEETING
TUESDAY, AUGUST 27, 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 August 27, 2019, to order at 4:01 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 Greg Clifton; City Attorney Sterling Solomon.
 
3.
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT

The Council and audience recited the pledge of allegiance and Councilmember Odegaard 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.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
 
A.
Consideration and Approval of Minutes: City Council Budget Retreat of February 12, 2018; Budget Retreat of April 24, 2018; Regular Meeting of October 16, 2018; Special Work Session/Joint Meeting of October 23, 2018; Regular Meeting of November 6, 2018; Regular Meeting of November 20, 2018; Special Meeting of November 26, 2018; Joint Work Session of December 3, 2018; Regular Meeting of December 4, 2018; Work Session of December 11, 2018; Work Session of March 12, 2019; Joint Work Session of April 1, 2019; and Special Meeting (Executive Session) of May 21, 2019.
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Jamie Whelan to approve the minutes of the City Council Budget Retreat of February 12, 2018; Budget Retreat of April 24, 2018; Regular Meeting of October 16, 2018; Special Work Session/Joint Meeting of October 23, 2018; Regular Meeting of November 6, 2018; Regular Meeting of November 20, 2018; Special Meeting of November 26, 2018; Joint Work Session of December 3, 2018; Regular Meeting of December 4, 2018; Work Session of December 11, 2018; Work Session of March 12, 2019; Joint Work Session of April 1, 2019; and Special Meeting (Executive Session) of May 21, 2019.

Vote: 7 - 0 - Unanimously

 
5.
PROCLAMATIONS AND RECOGNITIONS
 
A.
Proclamation: 4-H Youth in Coconino County
The City Council approached the dais to read and present the proclamation to the 4-H Youth Organization.
 
6.
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.
None
 
7.
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).
 
A.
Consideration of Appointments: Water Commission
 

Moved by Councilmember Jamie Whelan, seconded by Councilmember Austin Aslan to re-appoint Malcolm Alter to a term expiring December 2021.

Vote: 7 - 0 - Unanimously

 

Moved by Councilmember Austin Aslan, seconded by Councilmember Charlie Odegaard to appoint Timothy Ellsworth Bowers to a term expiring December 2021.

Vote: 7 - 0 - Unanimously

 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Jamie Whelan to appoint Ward Davis to a term expiring December 2021.

Vote: 7 - 0 - Unanimously

 
B.
Consideration of Appointments:  Open Spaces Commission.
 

Moved by Councilmember Austin Aslan, seconded by Councilmember Charlie Odegaard to appoint Jack Welch to a term expiring April 2022.

Vote: 7 - 0 - Unanimously

 

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jamie Whelan to appoint Jim Burton to a term expiring April 2022.

Vote: 7 - 0 - Unanimously

 

Moved by Mayor Coral Evans, seconded by Councilmember Jim McCarthy to appoint Kate Stanley to a term expiring April 2020.

Vote: 7 - 0 - Unanimously

 
C.
Consideration of Appointments:  Planning and Zoning Commission.
 

Moved by Councilmember Charlie Odegaard, seconded by Mayor Coral Evans to appoint Carole Mandino to a term expiring December 2021.

Vote: 7 - 0 - Unanimously

 

Moved by Mayor Coral Evans, seconded by Councilmember Jamie Whelan to appoint Gaylene Soper to a term expiring December 2020.

Vote: 7 - 0 - Unanimously

 
8.
LIQUOR LICENSE PUBLIC HEARINGS
 
A.
Consideration and Action on Liquor License Application: Jin Young Lee "Kokiyo," 116 S. San Francisco Street, Series 12 (restaurant), New License.
Mayor Evans opened the public hearing.
 
Police Sergeant Collin Seay briefly reviewed the application.
 
Councilmember Whelan thanked the applicant for attending and asked if he had taken the required training to which Mr. Lee responded yes.
 
There being no public comment Mayor Evans closed the public hearing.
 

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to forward the application to the State with a recommendation of approval.

Vote: 7 - 0 - Unanimously

 
9.
CONSENT ITEMS

All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items.
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve the Consent Agenda as presented.

Vote: 7 - 0 - Unanimously

 
A.
Ratification of Payment: Purchase of restoration services from Superior Restoration for emergency services provided to the City’s building located at 11 West Cherry Avenue.
 
STAFF RECOMMENDED ACTION:
Ratify payment to Superior Restoration for emergency services provided to the City’s building located at 11 West Cherry Avenue in the amount of $61,680.92.
 
B.
Consideration and Approval of Separation Agreement:  for City Manager, Barbara Goodrich.
 
STAFF RECOMMENDED ACTION:
Approve separation agreement for City Manager, Barbara Goodrich, effective August 26, 2019.
 
10.
ROUTINE ITEMS
 
A.
Consideration and approval of Grant Agreement: To the U.S. Department of Justice, through the Arizona Criminal Justice Commission, for the Edward Byrne Justice Assistance Grant funds in the amount of $283,494.00 for the Northern Arizona Street Crimes Task Force (METRO unit).
Police Lieutenant Scott Mansfield reviewed the grant award offering that it will fund one Police Sergeant, one Police Investigator, and one Coconino County Sheriff Deputy. This is the third year that the grant is being awarded.
 

Moved by Councilmember Jamie Whelan, seconded by Councilmember Regina Salas to approve the acceptance of the grant from the U.S. Department of Justice, through the Arizona Criminal Justice Commission, Edward Byrne Justice Assistance Grant funds in the amount of $283,494.00 for FY2020.

Vote: 7 - 0 - Unanimously

 
B.
Consideration and Approval of Lease of City-Owned Property:  Amendment to extend the Flagstaff Railroad Passenger Station Facility Lease with National Railroad Passenger Corporation (Amtrak) for a term of five (5) years, with options for renewal.

STAFF RECOMMENDED ACTION:
Approve an Amendment extending the Facility Railroad Passenger Station Facility Lease for a term of five years, with options for renewal.
 
MOVED TO SEPTEMBER 17TH COUNCIL MEETING
 
C.
Consideration and Approval of a Contract:  With Gotcha Mobility, LLC ("Gotcha") for Bike Share Systems.
Sustainability Manager Nicole Antonopoulos along with Senior Assistant City Attorney Christina Parry provided information to Council about recent changes to the permit agreement.
 
Ms. Antonopoulos provided a PowerPoint presentation that covered the following:
 
BIKE SHARE SOLICITATION
BACKGROUND
SOLICITATION
GOTCHA MOBILITY
HYBRID BIKE FLEET
 
Council discussed the number of bikes included in the solicitation and how many of them would be electric bikes. Ms. Antonopoulos indicated that the Request for Proposal asked for at least 10% of the fleet be electric. Gotcha is presenting a full fleet of electric bikes.
 
There was also discussion about NAU having its own bike share program and how the program with the City may overlap with theirs. Sean Flood, CEO of Gotcha, indicated that the bikes could be used throughout the community regardless of where they originated. Gotcha staff would be responsible for maintaining the bikes and returning them to their appropriate sites if they were outside the boundary.
 
Council discussed concerns regarding a full fleet of electric bikes. There were differing opinions as to whether or not there should be a mix of bike types and what that mixture should look like. There were concerns that there had not been enough discussion with the community on their thoughts about bringing 250 electric bikes into the city.
 
Vice Mayor Shimoni indicated that he likes the concept of geo-fencing to help keep bikes in areas that they belong. He also stated that he likes the communication plan and trying to get people to leave their cars at home.
 
Councilmember Salas stated that she would like to pursue possibilities for revenue generation for this type of service. She recommended a one-year contract followed by a follow-up review of the program.
 
Councilmember McCarthy expressed concerns about parking for the bikes. Having the rental bikes parked inappropriately throughout the city is a big problem from a safety and accessibility standpoint. Ms. Antonopoulos indicated that parking areas will be defined and placed appropriately. The intent is to compliment the public transportation system. Mr. Flood noted that parking bikes within the designated hubs is crucial to the success of the program so people know exactly where they can pick up and drop off bikes. It is in the best interest of the company to make sure that bikes left in inappropriate areas are quickly returned to areas of service.
 
Councilmember Aslan noted that utilizing the same company as NAU will lend itself to a much more streamlined opportunity that can better serve the entire community.
 

Moved by Vice Mayor Adam Shimoni, seconded by Councilmember Austin Aslan to approve award of contract with Gotcha, a bike share system company, to provide an innovative and cost-effective bike share system that will advance multi-modal transportation options for Flagstaff and Northern Arizona University as amended.

 

Moved by Councilmember Regina Salas, seconded by Councilmember Jim McCarthy to amend the motion to limit the term of the contract to one year from launch with a review at six months into the first year with up to two automatic extensions.

Vote: 4 - 3

NAY:
Councilmember Charlie Odegaard
Councilmember Jamie Whelan
Vice Mayor Adam Shimoni
 

Original motion:

Vote: 4 - 3

NAY:
Councilmember Jamie Whelan
Councilmember Regina Salas
Mayor Coral Evans
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Austin Aslan for reconsideration.

Vote: 7 - 0 - Unanimously

 

Moved by Councilmember Jamie Whelan, seconded by Councilmember Regina Salas to table the item until the next regular meeting to allow time for the community to weigh in on the matter.

Vote: 7 - 0 - Unanimously

At this time Mayor Evans recessed the meeting at 5:44 p.m. with the remaining items carrying to the 6:00 meeting.
 
D.
Consideration and Approval of Final Plat Request by 66th and Fourth, LLC, for Final Plat approval for The Trax - Phase 2, a commercial subdivision consisting of 4 lots and 3 tracts on approximately 8.74 acres, located at 2511 East Route 66 in the HC, Highway Commercial Zone. (Subdivision of 8.74 acres into 4 lots located at 2511 E. Route 66)
Moved to Carry Over Items below.
 
E.
Consideration and Approval of Preliminary Plat: Request from TLC PC Golf, LLC, for Preliminary Plat approval for Club Cabin Condominiums at the Estates at Pine Canyon Unit 1.
Moved to Carry Over Items below.
 
F.
Consideration and Approval of Contract: APS Level 2 Electric Vehicle Charging Pilot Agreement # 231283.
Moved to Carry Over Items below.
 
RECESS

The 4:30 p.m. portion of the August 27, 2019, Regular Council Meeting recessed at 5:44 p.m.

6:00 P.M. MEETING
RECONVENE

Mayor Evans reconvened the Regular Meeting of August 27, 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).
 
11.
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 Greg Clifton; City Attorney Sterling Solomon.
 
12.
PLEDGE OF ALLEGIANCE

The Council and audience recited the pledge of allegiance.
 
13.
PUBLIC PARTICIPATION
Virginia Watahomigie with Coconino Coalition for Children and Youth addressed Council and provided information about a child welfare expert coming to discuss self-healing communities.
 
Paul Beier with Friends of Rio de Flag addressed Council with concerns about the Army Corp of Engineer’s flood control project plans.
 
Anthony Garcia addressed Council to offer gratitude for how the City and other local agencies responded to the Museum fire.
 
Adam Price addressed Council to express frustration about his neighbor who is keeping goats. He is concerned about the smell and noise and his reduced quality of life.
 
14.
CARRY OVER ITEMS FROM THE 4:30 P.M. AGENDA
 
D.
Consideration and Approval of Final Plat Request by 66th and Fourth, LLC, for Final Plat approval for The Trax - Phase 2, a commercial subdivision consisting of 4 lots and 3 tracts on approximately 8.74 acres, located at 2511 East Route 66 in the HC, Highway Commercial Zone. (Subdivision of 8.74 acres into 4 lots located at 2511 E. Route 66)
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve the final plat and authorize the Mayor to sign both the plat and City/Subdivider Agreement when notified by staff that the documents are ready for recording.

Vote: 7 - 0 - Unanimously

 
E.
Consideration and Approval of Preliminary Plat: Request from TLC PC Golf, LLC, for Preliminary Plat approval for Club Cabin Condominiums at the Estates at Pine Canyon Unit 1.
Planning Development Manager Genevieve Pearthree provided a PowerPoint presentation that covered the following:
 
CLUB CABIN CONDOMINIUMS AT THE ESTATES AT PINE CANYON UNIT 1
REQUEST OVERVIEW
BACKGROUND – SITE PLAN APPROVAL
PRELIMINARY PLAT OVERALL LAYOUT
PLAT UNIT AIRSPACE OWNERSHIP
BUILDING ELEVATIONS
FINDINGS AND RECOMMENDATIONS
 

Moved by Councilmember Regina Salas, seconded by Councilmember Jamie Whelan to approve the preliminary plat.

Vote: 7 - 0 - Unanimously

 
F.
Consideration and Approval of Contract: APS Level 2 Electric Vehicle Charging Pilot Agreement # 231283.
Sustainability Specialist Jenny Neiman provided a PowerPoint presentation that covered the following:
 
APS TAKE CHARGE AZ EV CHARGING STATIONS
APS’S TAKE CHARGE AZ PILOT PROGRAM
CHARGING STATIONS AT CITY HALL
 
Fleet Manager Greg Conlin added that while the investment in electric charging stations may seem premature, electric vehicles are the future and the City fleet will be moving in that direction sooner rather than later. It would be more costly for the City to put the stations in on its own. The City will be ahead of the game at a significantly reduced cost. The public needs this infrastructure, and this is a way to provide it and be ready in the future as the fleet transitions. He believes that it is a good investment for the long term.
 
Council indicated that they feel this is a good partnership and will provide a starting point toward incorporating electric vehicles into the City’s fleet. It will also provide a benefit to the public and shows the commitment to more efficient vehicles. They encouraged staff to look for additional opportunities to expand the number of charging stations in the community.
 

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Regina Salas to approve APS Level 2 Electric Vehicle Charging Pilot Agreement # 231283.

Vote: 7 - 0 - Unanimously

 
15.
PUBLIC HEARING ITEMS
 
A.
Consideration and Adoption of Ordinance No. 2019-27: Direct to Ordinance Zoning Map Amendment, by Miramonte Arizona, LLC, for Ponderosa Parkway of approximately 11.97 acres located at 1650 East Ponderosa Parkway from the Rural Residential (RR) zone to the High Density Residential (HR) zone.  The development site is located within the Resource Protection Overlay (RPO).
Mayor Evans opened the public hearing.
 
Planning Development Manager Alaxandra Pucciarelli provided a PowerPoint presentation that covered the following:
 
MIRAMONTE AT PONDEROSA PARKWAY DIRECT TO ORDINANCE ZONING MAP AMENDMENT
VICINITY MAP
AREA CONTEXT MAP
PROPOSAL
PROPOSED DENSITY
DENSITY BONUS
ATTAINABLE HOUSING UNITS
FINDINGS
FINDING #1: CONFORMANCE WITH THE GENERAL PLAN
FINDING #2: COMMUNITY BENEFITS AND PUBLIC GOOD
FINDING #3: SITE IS PHYSICALLY SUITABLE
DEVELOPMENT AGREEMENT
CITIZEN PARTICIPATION
RECOMMENDATION
 
Chris Kemmerley, owner of Miramonte Homes, stated that they have been building in Flagstaff for over ten years. Work force housing has been an issue and they have been looking for sites that can accommodate that type of housing. 85% of the units in the project will be below $300,000 with the average price around $264,000. The starting price for the affordable units is $155,000 which would qualify under the affordable housing land trust.
 
Whitney Cunningham, on behalf of Miramonte Homes, provided a PowerPoint presentation that covered the following:
 
MIRAMONTE AT PONDEROSA PARKWAY
A FLAGSTAFF DEVELOPER BUILDING FOR FLAGSTAFF
PARCEL LOCATION
BALANCED COMMUNITY GOALS
FOCUSED ON SUSTAINABILITY
HERS INDEX SCORES
THE RIGHT LOCATION
SURROUNDING USES
TRAIL & PUBLIC TRANSPORTATION CONNECTIVITY
COUNCIL GOALS
QUALITY HOUSING PEOPLE CAN AFFORD
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Regina Salas to extend the presentation time of the applicant.

Vote: 7 - 0 - Unanimously

Mr. Cunningham continued.
 
A COMMUNITY OF HOMEOWNERS
A SMART AFFORDABLE HOUSING PROGRAM
A QUALITY AFFORDABLE HOUSING PROGRAM
 
The following individuals addressed Council in support of the rezone:
  • Spencer Cunningham
  • Rick Lopez
  • Devonna McLaughlin
The following comments were received:
  • It has been difficult to purchase a home in Flagstaff, this project will allow me that opportunity.
  • This is a good example of infill, affordability, and sustainability.
  • This is the type of project that Flagstaff needs.
  • This project will give 10% deed restricted affordable units.
  • The proposal is good for consumer benefit.
 Anthony Garcia addressed the Council with concerns about the affordability of the units.
 
There being no further public comment, Mayor Evans closed the public hearing
 
Vice Mayor Shimoni expressed appreciation for the bus passes that will be offered as part of the project. He advocated for concealed and weatherproof bike parking, more electric vehicle charging stations, and an increase in affordable units from 16 to 24.
 
Councilmember Whelan stated that the ability to offer different packages to buyers is essential. The project brings homes that are attainable and affordable.
 
Councilmember McCarthy expressed his approval of the project.
 
Councilmember Salas stated that it is the right project at the right time. The development will directly achieve the goal of increasing the supply of housing units in Flagstaff. She requested information from staff about the history in calls for service in areas of other similar developments.
 

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Ordinance No. 2019-27 by title only for the first time.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF ZONING MAP TO REZONE APPROXIMATELY 11.97 ACRES OF REAL PROPERTY LOCATED AT 1650 EAST PONDEROSA PARKWAY, FROM RURAL RESIDENTIAL (“RR”) TO HIGH DENSITY RESIDENTIAL (“HR”); PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
 
16.
REGULAR AGENDA
 
A.
Consideration and Adoption of Ordinance No. 2019-26: An ordinance of the City Council of the City of Flagstaff, authorizing the acquisition of real property and/or easements for the Switzer Canyon Water Transmission Main Project - Phases IV & V; providing for delegation of authority, subsequent council approvals, severability, and establishing an effective date.
Real Estate Manager Charity Lee provided a PowerPoint presentation that covered the following:
 
SWITZER CANYON
OVERVIEW MAP
WHY?
ORDINANCE
 
Dave Boehmer, HOA President for Wildcat Ridge, addressed Council stating that the neighborhood is outside City limits but that they would like to request consideration for the project to include fire hydrants in their area as well as the infrastructure to allow residents to tap into the City service. There could be possibilities for annexation, but they are primarily interested in allowing homeowners the opportunity to obtain out of city water service permits.
 
Geoffrey Barnard and Jeff Downard provided comments in support of Mr. Boehmer’s request.
 
Ms. Antol explained that at the current time, a major Regional Plan amendment would be needed to annex this area into the City. These types of amendments are considered only one time per year.
 
Vice Mayor Shimoni asked what the cost would be to residents to tie into the system assuming that the City put in the connection point. Water Services Engineering Manager Ryan Roberts stated that the cost to the resident is around $6,000.
 
Mayor Evans indicated that the decision before the Council now is whether or not to move forward with the acquisition of property. She indicated that further negotiations could be had as to whether or not the request could be accommodated into the project.
 
Senior Assistant City Attorney Anja Wendel offered that broad authority could be given to the Real Estate Manager to negotiate additional components rather than a straight monetary transaction for the property. The results of those negotiations could come back to Council for consideration.
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Jamie Whelan to read Ordinance No. 2019-26 by title only for the first time and give direction to go back and discuss with the neighborhood the list of items they are interested in having and negotiate and also to look at the if a major amendment is necessary to change the urban growth boundary.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AUTHORIZING THE ACQUISITION OF REAL PROPERTY AND/OR EASEMENTS FOR THE SWITZER CANYON WATER TRANSMISSION MAIN PROJECT- PHASES IV & V; PROVIDING FOR DELEGATION OF AUTHORITY, SUBSEQUENT COUNCIL APPROVALS, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
A break was held from 7:52 p.m. through 8:07 p.m.
 
B.
Consideration and Adoption of Resolution No. 2019-30:  A Resolution of the Flagstaff City Council, approving a Pond Agreement with Wanderland Flagstaff, LLC, to provide for acquisition of a storm water detention easement on certain real property located along west Route 66, construction of a pond for recreational and storm water detention use, and maintenance of the pond; providing for recording, and establishing an effective date.
Water Services Director Brad Hill provided a PowerPoint presentation that covered the following:
 
WILDWOOD HILLS FLOODING STORMWATER POND AGREEMENT
BACKGROUND
WILDWOOD HILLS FLOODING
WANDERLAND RV PROPOSED DEVELOPMENT
LOCATION
WILDWOOD HILLS FLOODING PICTURES
STORMWATER DETENTION POND SITE PLAN
CONCEPT PLAN – STORMWATER DETENTION
POND AGREEMENT
 
Councilmember Aslan asked if the pond would be accessible for all citizens to use. Ms. Wendel explained that it would be available for the development and campground site to use.
 
The following individuals addressed Council in support of resolution:
  • Roger Genil
  • Barbara Barton
  • Barry Sprofera

Laura Lescano-Giacobbe addressed Council in opposition of the resolution.
 

Moved by Vice Mayor Adam Shimoni, seconded by Mayor Coral Evans to read Resolution No. 2019-30 by title only.

Councilmember Odegaard asked if the pond would be filled year-round. Walter Crutchfield with Vintage Partners explained that they anticipate it being a more seasonable amenity between April and October.

Councilmember Odegaard asked if they would be filling the pond with potable water to which Mr. Crutchfield answered yes. Councilmember Odegaard expressed his concern that the use of potable water would be in direct opposition to water conservation efforts.

Councilmember Aslan asked if there were alternative sites evaluated for a detention pond. Deputy City Manager Shane Dille explained that staff evaluated other options that were off site, but the cost was significantly higher, and it is believed that the proposed location offers the best mitigation of water.

Councilmember Aslan expressed his desire to have the pond accessible to the public. Mr. Crutchfield acknowledged the interest but indicated that there are concerns about safety and protection with opening the area to the general public.

Councilmember McCarthy expressed gratitude for the creative solution to address a major issue in the community. He did express concern with seepage and evaporation losses. He stated that water conservation is a key value for the Council and the residents of Flagstaff and he is not comfortable with the use of potable water to fill the pond.

 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Austin Aslan to amend article 6E to read “owner shall not add potable or reclaimed water to the pond to supplement natural runoff water.”

Mayor Evans indicated that she has advocated for water conservation for many years and the need to use reclaimed water for recreational purposes. However, she also recognizes the need to have accessible water for fire suppression when those incidents come up.

Vice Mayor Shimoni asked if the amendment on the table would have an impact on the project. Mr. Crutchfield explained that without the option to fill the pond he would not be interested in the project. He recognized the value concern but indicated that some value has to be given for value to be gained. He stressed that this is a project aimed at providing a community solution while also providing an amenity for a neighboring community.

Councilmember McCarthy indicated that the concept of fire suppression was interesting and asked if there would be enough water in the pond to be of significant benefit. Mayor Evans stated that she is not sure but she wanted to try and focus on the broader benefits that could come from the project.

Councilmember Salas asked if there was any consideration for charging a daily use fee for residents who may want to access the private pond. Mr. Crutchfield stated that he has not but is open to considering it.

Vote: 3 - 4

AYE:
Councilmember Austin Aslan
Councilmember Jamie Whelan
Councilmember Jim McCarthy
 

Original motion:

Vote: 6 - 1

NAY:
Councilmember Jamie Whelan
 

Moved by Vice Mayor Adam Shimoni, seconded by Councilmember Jamie Whelan to adopt Resolution No. 2019-30.

Vote: 6 - 1

NAY:
Councilmember Jim McCarthy
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL APPROVING A POND AGREEMENT WITH WANDERLAND FLAGSTAFF, LLC, TO PROVIDE FOR ACQUISITION OF A STORM WATER DETENTION EASEMENT ON CERTAIN REAL PROPERTY LOCATED ALONG WEST ROUTE 66, CONSTRUCTION OF A POND FOR RECREATIONAL AND STORM WATER DETENTION USE, AND MAINTENANCE OF THE POND; PROVIDING FOR RECORDING, AND ESTABLISHING AN EFFECTIVE DATE
 
C.
Consideration and Approval of Contract:  A Contribution Agreement with the owners of the Wildwood Hills mobile home park related to the construction of a nearby stormwater detention basin to reduce regional flooding that impacts the owner's property.
Mr. Dille reviewed the agreement and stated that the City and Wildwood Hills are both supportive of the agreement and feel that it will assist in moving the project forward.
 

Moved by Councilmember Regina Salas, seconded by Vice Mayor Adam Shimoni to approve the contribution agreement with the owners of the Wildwood Hills mobile home park.

Vote: 7 - 0 - Unanimously

 
D.
Consideration and Adoption of Resolution No. 2019-39: A resolution of the Flagstaff City Council, approving an Intergovernmental Agreement between Arizona State Parks and Trails and the City of Flagstaff for the implementation of the Site Steward Program on Flagstaff open space.
Open Space Specialist Robert Wallace provided a PowerPoint presentation that covered the following:
 
AZ STATE PARKS IGA
DISCUSSION
BACKGROUND
OUTCOMES
STATE COMMITMENTS
CITY COMMITMENTS
 

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Austin Aslan to read Resolution No. 2019-39 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARIZONA STATE PARKS AND THE CITY OF FLAGSTAFF FOR THE IMPLEMENTATION OF THE SITE STEWARD PROGRAM ON FLAGSTAFF OPEN SPACE.
 

Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Adam Shimoni to adopt Resolution No. 2019-39.

Vote: 7 - 0 - Unanimously

 
E.
Consideration and Adoption of Resolution No. 2019-38:  A resolution of the Flagstaff City Council, repealing Resolution No. 2016-33 which adopted the 2016 Board and Commission Members' Rules and Operations Manual, and adopting the 2019 Board and Commission Members' Rules and Operations Manual and the 2019 Board and Commission Staff Liaison Resource Guide.

MOVED TO SEPTEMBER 3, 2019 MEETING
 
F.
Consideration and Direction: Board and Commission Council Representative Assignments

MOVED TO SEPTEMBER 3, 2019 MEETING
 
G.
Review of Conditional Use Permit No. PZ 18-00182-02:  A request by Mayor Evans to place on a future agenda a review of a Conditional Use Permit (CUP) for a Rooming and Boarding facility located at 901 S O'Leary.  The CUP as approved by the Planning and Zoning Commission allows the Commons at Sawmill, an existing apartment complex, to have individual leases with each tenant within a rental unit.
Deputy City Attorney Kevin Fincel addressed Council and stated that if Council decides to move forward with a review of the CUP, an appeal would be scheduled within 30 days.
Nick Wood with Snell and Wilmer, on behalf of the owner of the property, addressed Council stating that the project was leased by the room by the previous owner. The new owners purchased the property in 2016 and when they bought they were unaware of the ordinance. They were informed by City staff that they were not in compliance and that they had the option to modify their leasing structure or apply for a CUP. He indicated that the facility is well-run that the calls for service are low. There are no impacts that would need to be mitigated to accommodate the CUP request.
 

Moved by Mayor Coral Evans, seconded by Councilmember Regina Salas to place on a future agenda a review of a Conditional Use Permit (CUP) for a Rooming and Boarding facility located at 901 S O'Leary.

Vote: 4 - 3

NAY:
Councilmember Charlie Odegaard
Councilmember Jamie Whelan
Councilmember Jim McCarthy
 

Moved by Vice Mayor Adam Shimoni, seconded by Councilmember Jim McCarthy to continue the meeting in accordance to the City Council Rules of Procedure.

Vote: 7 - 0 - Unanimously

 
17.
DISCUSSION ITEMS
 
A.
Street Lighting to Enhance Dark Skies (SLEDS) Project Update
Traffic Engineer Jeff Bauman provided a PowerPoint presentation that covered the following:
 
SLEDS PROJECT UPDATE
BACKGROUND/HISTORY
HIGHLIGHTS OF RFP – CHALLENGES AND OPPORTUNITIES
HIGHLIGHTS OF RFP – PROJECT DIRECTION
COMPLETED TASKS
LPS – LOW PRESSURE SODIUM
LIGHTING TOUR
RETROFIT AND NEW CONSTRUCTION ENGINEERING STANDARDS
FINAL STEP
SLEDS TEAM
 
Councilmember Whelan asked why the contract was modified in 2017 and if the scope of work changed. Mr. Bauman indicated that the path the group was on in 2015 was not working out and the approach needed to be modified as well as a time extension. Councilmember Whelan asked if changes in technology would require the process to start again. Mr. Bauman indicated no and that enough has been learned to understand how everything is working together.
 
Councilmember Aslan indicated that he is excited about what can be done to protect the dark skies that was so important to Flagstaff.
 
B.
Update on the City of Flagstaff's renewable energy goals and renewable energy project development.
Sustainability Manager Nicole Antonopoulos provided a PowerPoint presentation that covered the following:
 
RENEWABLE ENERGY DEVELOPMENT
DISCUSSION
RENEWABLE ENERGY COMMITMENTS
CURRENT EFFORTS
SIMULTANEOUS EFFORTS
RENEWABLE ENERGY SOLICITATION
DISCUSSIONS WITH APS
 
Ms. Antonopoulos introduced Jensen Tillinghast, APS Energy Innovation Program Consultant, who continued the presentation.
 
THE FUTURE OF ARIZONA SUSTAINABILITY AND CHANGING GRID CONDITIONS
APS ACHIEVEMENTS
ARIZONA RESOURCE NEEDS ARE CHANGING
WHAT DOES IT TAKE TO REACH 100% SOLAR RENEWABLE GOALS?
SOLAR OVERPRODUCTION
 
Ms. Antonopoulos concluded the presentation.
 
PATH FORWARD
 
Councilmember Whelan asked if the program is similar to the other agreements the City has in place. Ms. Antonopoulos explained that the contract would be very different than the other power purchasing agreements.
 
The Council was supportive of all three options.
 
18.
COUNCIL LIAISON REPORTS
Councilmember Salas reported that she attended the Sister Cities International Conference in Houston. She is hopeful that Flagstaff can have future discussions about a renewal of the Sister Cities program.
 
Councilmember Odegaard reported that he attended the FMPO meeting where the Board gave direction to move the Executive Director to a full time position.
 
Councilmember Whelan reported that she attended the NAIPTA meeting where they discussed recommendations to the FMPO Executive Committee and management.
 
19.
FUTURE AGENDA ITEM REQUESTS

After discussion and upon agreement by three members of the Council, an item will be moved to a regularly-scheduled Council meeting.
 
A.
Removal of F.A.I.R. Items: Four previously requested F.A.I.R. items have been requested to be removed by Councilmember Whelan who made the initial requests.
After a brief discussion, the Council was supportive of Councilmember Whelan’s request to remove the four F.A.I.R. items.
 
B.
Future Agenda Item Request (F.A.I.R.): A request by Mayor Evans to place on a future agenda a discussion about possible regulations on new developments coming into town with a retail component for the benefit of higher density and not providing the retail.
The requisite number of Councilmembers were in support of moving the discussion forward.
 
Mayor Evans requested that the item be expedited to which a majority of Council supported.
 
C.
Future Agenda Item Request (F.A.I.R.): A request by Mayor Evans to place on a future agenda a discussion about a text amendment to the City Code allowing Council salaries to be considered by Council earlier than what is currently stated.
The requisite number of Councilmembers were in support of moving the discussion forward.
 
Mayor Evans requested that the item be expedited and placed after the previous F.A.I.R. item, to which a majority of Council supported.
 
20.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
Council welcomed new City Manager Greg Clifton to the team.
 
Councilmember Salas reported that she attended the recent Tourism Matters conference where she had the honor of accepting the Award of Excellence in Rural Partnership for Lunar Legacy on behalf of the City. She thanked Lowell Observatory, the CVB, and other partners that made Lunar Legacy happen. She indicated that she was appointed to the Coconino Workforce Development Board and attended a recent workforce development meeting with other workforce leadership throughout the state. She also attended a roundtable discussion with Senator Krysten Sinema regarding veteran services and lastly, she walked the neighborhoods surrounding NAU with Councilmember Whelan and City Manager Clifton to promote the neighborhood and citizenship program with our students.
 
Councilmember Salas requested a F.A.I.R. item to have a Work Session and invite the Arizona Commerce Authority to present on opportunity zones and how Flagstaff can benefit with economic development and housing.
 
Mr. Clifton thanked Council and staff for the warm welcome to the City. He reported that he arrived last week and spent last week meeting staff and meeting with the Leadership Team. He participated with the development team and the orientation with Ms. Goodrich, and the Deputy City Managers has been very helpful.
 
Mr. Clifton reported on a number of meetings and tours he attended and that he is planning to submit a three-month plan to the Council for his transition into the organization and community.
 
Mayor Evans reported that she was approached by Nico, Mexico with interest in becoming a Flagstaff Sister City.
 
21.
ADJOURNMENT

The Regular Meeting of the Flagstaff City Council held August 27, 2019, adjourned at 10:48 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 August 27, 2019. I further certify that the Meeting was duly called and held and that a quorum was present.
 
DATED this 16th day of March, 2021.           
 
________________________________
CITY CLERK