NOTE:

IN ACCORDANCE WITH PROVISIONS OF THE ARIZONA REVISED STATUTES AND THE FLAGSTAFF CITY CHARTER THE SUMMARIZED MINUTES OF CITY COUNCIL MEETINGS ARE NOT VERBATIM TRANSCRIPTS.  ONLY THE ACTIONS TAKEN AND DISCUSSION APPEARING WITH QUOTATION MARKS ARE VERBATIM.  AUDIO RECORDINGS OF CITY COUNCIL MEETINGS ARE ON FILE IN THE CITY CLERK’S OFFICE.

SUMMARIZED MINUTES

SPECIAL COUNCIL MEETING

August 18, 2008

4:00 p.m.

A meeting of the Flagstaff City Council was held on August 18, 2008 convening at 4:09 p.m., in the Council Chambers at City Hall, 211 West Aspen Avenue, Flagstaff, Arizona.

CALL TO ORDER

The meeting was called to order by Mayor Presler.

1.      PLEDGE OF ALLEGIANCE, READING OF THE MISSION STATEMENT, AND INVOCATION

Mayor Presler asked those present to stand for the Pledge of Allegiance, the reading of the Mission Statement, and the Invocation.

2.      ROLL CALL

On roll call, the following were present:

Mayor Presler

Vice Mayor White

Councilmember Brewster

Councilmember Evans

Councilmember Haughey

Councilmember Overton

Councilmember Swanson

Also present were:

City Manager, Kevin Burke

City Attorney, Patricia Boomsma

3.       MINUTES

A.

Consideration of Minutes: Special Council Meeting of June 23, 2008 and the Regular Council Meeting of July 22, 2008.

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

Councilmember Overton moved to approve the Minutes as submitted.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

4.        PUBLIC PARTICIPATION

Mayor Presler presented a print of the San Francisco Peaks and a key to the City to Professor Kang In Jae and other members of his South Korean delegation.

5.       CONSENT AGENDA

A.

Consideration of Extension of Annual Bid:  Physical examination services.

RECOMMENDED ACTION:

Approve the first, one-year extension to Concentra Medical Center at the same prices and conditions as the original proposal.

Councilmember Evans left the room.

Vice Mayor White moved to approve the recommended action, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

B.

Consideration of Intergovernmental Agreement:  Housing stabilization program.

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County.

Justyna Costa, Housing and Grants Administrator, explained that the program maintains or re-establishes housing for people who are homeless or at risk of becoming homeless.  The program provides initial eviction prevention assistance, short-term shelter assistance, and a $300 emergency grant payment for housing.

Vice Mayor White moved to approve the recommended action.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.

Councilmember Evans returned to the meeting.

C.

Consideration of Intergovernmental Agreement:  Lake Mary Road road-widening project.

RECOMMENDED ACTION:

Approve the Intergovernmental Agreement with the Federal Highway Administration for the City’s share in the amount of $1,660,000.00.

Trevor Henry, Project Manager, provided a brief history and pertinent facts about the road-widening project.  Construction is anticipated to begin in the spring of 2009.

David Womochil, Assistant City Attorney, stated that he approved the proposed changes to the agreement and read changes to paragraph B. into the record as follows:

The City Will:  Transfer a total of $1.66 million to the FHWA for funding construction and utility relocation, to be provided not later than September 5, 2008, from the following sources:  $1.3 million in City roadway construction funding, $200,000 in Flagstaff Metropolitan Planning Organization funding (See Exhibit A attached); and $160,000 in City utility relocation funding.  City construction funding, City utility relocation funding, and Flagstaff Metropolitan Planning Organization funding on or after July 1, 2008, but not later than September 5, 2008.

Vice Mayor White moved to approve the recommended action as amended above.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

D.

Consideration of Special Event Street Closures:  Marine League Charities/Toys for Tots Flagstaff 2008 Bed Races.

RECOMMENDED ACTION:

Approve the Aspen Avenue and San Francisco Street street closures on Saturday, September 13, 2008.

WITHDRAWN.

6.      PUBLIC HEARING ITEMS (Public Hearing Items Will Not be Heard Prior to 6:00 p.m.)

A.

Consideration of Public Hearing:  “Amendments to Chapter 10-02 (Establishment of Zoning Districts), 10-03 (Use Regulations) and 10-14 (Definitions) of the Land Development Code Establishing New Standards for Building Height in the M-H-E (Manufactured Home Park District – Established) Zoning District”.

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

Vice Mayor White moved to open the public hearing, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

Roger Eastman, Zoning Code Administrator, explained that the request to amend the height restrictions in the M-H-E zoning district came from the developer of the Fourth Street and Soliere subdivision, who desired to build two-story manufactured homes.

The staff recommended option, as approved by the Planning and Zoning Commission, includes the following:  (1) matching the height standards of the manufactured home zone; (2) increasing side and rear setbacks; (3) requiring 10% affordable workforce housing; (4) eliminating the need for 10% open space; and (5) adding urban form and streetscape requirements.  As part of the streetscape provisions, a front porch would be required; and, as an incentive, the front yard setback would be reduced and the front porch would be allowed to encroach beyond the 10 ft. setback to within 5 ft. of the property line.

On August 12, 2008, the Planning and Zoning Commission recommended that the ordinance amendments be approved, subject to a maximum height restriction of 28 ft. rather than 35 ft.

The following citizens commented on the proposed amendments:

William Ring, land use attorney

Gary Wilson, owner of a manufactured home business

Kent Hotsenpiler, Mogollon Engineering, representing the Fourth St. and Soliere developer

Michael Manson, Flagstaff resident

Comments during the public hearing included such statements as:  (1) it is the City’s responsibility to provide incentives for affordable housing; (2) the allowable height in M-H-E zones needs to be at least 28 ft. in order to build aesthetically pleasing two-story units; 30 ft. would be best for pitched roofs; (3) requiring 10% affordable housing is problematic because an individual owning a lot in the M-H-E zone will never be able to go over 20 ft. in height because they cannot produce 10% of their unit as affordable housing; (4) developers are frustrated because the requirements keep changing; and (5) builders should not be penalized for attempting to bring affordable units to the community.

Councilmember Overton moved to close the public hearing.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

B.

Consideration of Resolution No. 2008-42:  A resolution designating the document entitled “Amendments to Chapter 10-02 (Establishment of Zoning Districts), 10-03 (Use Regulations) and 10-14 (Definitions) of the Land Development Code Establishing New Standards for Building Height in the M-H-E (Manufactured Home Park District – Established) Zoning District” as a public record.

RECOMMENDED ACTION:

Read Resolution No. 2008-42 by title only.

Adopt Resolution No. 2008-42.

Vice Mayor White moved to read Resolution No. 2008-42 by title only, seconded by Councilmember Haughey.

Councilmembers noted that: (1) making single infill lots adhere to the same 10% affordable housing requirement as larger developments in the M-H-E won’t work; (2) the amendments will push developers to go back to building single family homes; (3) streetscape design elements, as well as other requirements, will make manufactured homes less affordable; (4) increasing the maximum height to 30 feet will give the builder more flexibility; and (5) the amendments will essentially take an affordable product and district and make it unaffordable by allowing a 900 sq. ft. house to become a 1,500 sq. ft. house.

Roger Eastman clarified that, if adopted as recommended, the threshold for the10% affordable housing element would “kick in” for any unit 20 ft. to 28 ft. in height.  The 10% open space requirement only applies in a manufactured home subdivision.

Councilmembers expressed a desire to have a community conversation about establishing incentives to affordable housing.

Erika Mazza, Housing Planner, briefly commented that the 2005 Community Housing Policy Task Force was charged with identifying incentives to affordable housing.  Their recommendations, along with the findings of the Nexus study, resulted in the implementation of bonus density incentives, height incentives, incentives for parking reduction, landscaping reductions, fast-track permitting, and fee reimbursements.

An external committee was formed in late 2007 to make recommendations regarding a set-aside policy rewrite, and after seven meetings, made recommendations to an internal committee.  The recommendations are now being reviewed by the legal department, will soon be presented to the Planning and Zoning Commission, and are expected to come back to Council at a work session by the end of September.  Approximately 45 incentives to affordable housing are included in the recommendations.  Before policy adoption, staff plans to go out into the community to conduct public educational forums.

Council discussed the possibility that developers won’t consider building two-story manufactured homes if it triggers the 10% affordable housing requirement and the possibility of changing the trigger to structures only over 28 ft. in height.

Councilmember Overton moved to amend the motion to accept Option 1 as below, eliminating the planned affordable option, and the urban and streetscape requirements.

Option 1:  A solution that provides for greater setbacks when height is increased to a maximum of 28 30 feet.  The maximum height of 28 30 feet is measured from the lowest finish floor to the highest point of the roof ridge consistent with the current definition of building height in Chapter 10-14.  The 28 30-foot limit is based on two 9-foot ceiling heights in a two-story structure, 1.5 feet of structure between floors (to allow for mechanical systems, structural requirements, etc.) and up to 9.5 feet for a gable.  Total finish floor to ridge 30 feet.

The motion was seconded by Councilmember Haughey.

In discussing the proposed amendment, Councilmembers observed that:  (1) the measure was designed to achieve some affordability, and the amendment essentially doubles the size of the units with no guarantee of affordability; (2) urban and streetscape design elements should be a requirement in order to preserve the character of the neighborhoods, particularly with manufactured homes; (3) developers will provide a better product if they are encouraged to provide urban and streetscape elements instead of being required to do so; (4) side garages and front porches will increase the cost of the homes; and (5) increasing the height restriction from 28 ft. to 30 ft. is not an issue.

Gary Wilson, manufactured home dealer, commented that adding a front porch would increase the cost of the home by $2,000.00 to $4,000.00.  Side garages are already part of the Fourth Street and Soliere project and some of the models will have front porches.

City Attorney Boomsma clarified that, if the amendment is accepted, several proposed changes in the text will be impacted because landscape standards and planned affordability will not be tied to the increased height.

The amendment passed on majority roll-call vote as follows:

Mayor Presler

Aye

Vice Mayor White

Nay

Councilmember Brewster

Nay

Councilmember Evans

Aye

Councilmember Haughey

Aye

Councilmember Overton

Aye

Councilmember Swanson

Aye

The motion to read Resolution No. 2008-42 as amended by title only passed on majority roll-call vote as follows:

Mayor Presler

Aye

Vice Mayor White

Aye

Councilmember Brewster

Nay

Councilmember Evans

Aye

Councilmember Haughey

Aye

Councilmember Overton

Aye

Councilmember Swanson

Aye

Title was read as follows:

Resolution No. 2008-42

A resolution designating the document entitled “Amendments to Chapter 10-02 (Establishment of Zoning Districts), 10-03 (Use Regulations) and 10-14 (Definitions) of the Land Development Code Establishing New Standards for Building Height in the M-H-E (Manufactured Home Park District – Established) Zoning District” as a public record.

Councilmember Overton moved to adopt Resolution No. 2008-42, seconded by Councilmember Haughey.  The motion passed on majority vote with Mayor Presler and Councilmembers Brewster, Evans, Haughey, Overton and Swanson in favor and Vice Mayor White opposed.

C.

Consideration of Ordinance No. 2008-25:  An ordinance adopting that certain document entitled “Amendments to Chapter 10-02 (Establishment of Zoning Districts), 10-03 (Use Regulations) and 10-14 (Definitions) of the Land Development Code Establishing New Standards for Building Height in the M-H-E (Manufactured Home Park District –Established) Zoning District” to be a public record, and thereby amending Title 10, “Land Development Code,” of the City Code of the City of Flagstaff by amending Chapter 10-02 (Establishment of Zoning Districts), 10-03 (Use Regulations) and 10-14 (Definitions).

RECOMMENDED ACTION:

Read Ordinance No. 2008-25 for the first time by title only.

Councilmember Haughey moved to read Ordinance No. 2008-25 for the first time by title only, seconded by Councilmember Overton.

The motion passed on majority roll-call vote as follows:

Mayor Presler

Aye

Vice Mayor White

Nay

Councilmember Brewster

Nay

Councilmember Evans

Aye

Councilmember Haughey

Aye

Councilmember Overton

Aye

Councilmember Swanson

Aye

Title was read as follows:

Ordinance No. 2008-25

An ordinance adopting that certain document entitled “Amendments to Chapter 10-02 (Establishment of Zoning Districts), 10-03 (Use Regulations) and 10-14 (Definitions) of the Land Development Code Establishing New Standards for Building Height in the M-H-E (Manufactured Home Park District –Established) Zoning District” to be a public record, and thereby amending Title 10, “Land Development Code,” of the City Code of the City of Flagstaff by amending Chapter 10-02 (Establishment of Zoning Districts), 10-03 (Use Regulations) and 10-14 (Definitions).

7.      REGULAR AGENDA

A.

Consideration of Resolution No. 2008-38:  A resolution of the City Council of the City of Flagstaff, Arizona, granting a public utility easement over and across certain real property owned by the City of Flagstaff located at 1702 North Fourth Street to Arizona Public Service Company and authorizing the City Manager to execute the appropriate instruments to convey said easement.

RECOMMENDED ACTION:

Read Resolution No. 2008-38 by title only.

Adopt Resolution No. 2008-38.

Councilmember Overton moved to read Resolution No. 2008-38 by title only, seconded by Vice Mayor White.  The vote was unanimous in favor and title was read as follows:

Resolution No. 2008-38

A resolution of the City Council of the City of Flagstaff, Arizona, granting a public utility easement over and across certain real property owned by the City of Flagstaff located at 1702 North Fourth Street to Arizona Public Service Company and authorizing the City Manager to execute the appropriate instruments to convey said easement.

Councilmember Haughey moved to adopt Resolution No. 2008-38.  The motion was seconded by Vice Mayor White and passed on unanimous vote.

B.

Consideration of Resolution No. 2008-39:  A resolution of the City of Flagstaff, Arizona, granting a public utility easement at 1972 South Thompson Street to Arizona Public Service Company and authorizing the City Manager to execute the appropriate instruments to convey said easement.

RECOMMENDED ACTION:

Read Resolution No. 2008-39 by title only.

Adopt Resolution No. 2008-39.

Councilmember Overton moved to read Resolution No. 2008-39 by title only, seconded by Vice Mayor White.  The motion passed on unanimous vote and title was read as follows:

Resolution No. 2008-39

A resolution of the City of Flagstaff, Arizona, granting a public utility easement at 1972 South Thompson Street to Arizona Public Service Company and authorizing the City Manager to execute the appropriate instruments to convey said easement.

Vice Mayor White moved to adopt Resolution No. 2008-39, seconded by Councilmember Overton.  The motion passed on unanimous vote.

C.

Consideration of Resolution No. 2008-40:  A resolution of the City Council of the City of Flagstaff, Arizona granting a public utility easement at 2525 North Fort Valley Road to Arizona Public Service Company and authorizing the City Manager to execute the appropriate instruments to convey said easement.

RECOMMENDED ACTION:

Read Resolution No. 2008-40 by title only.

Adopt Resolution No. 2008-40.

Councilmember Overton moved to read Resolution No. 2008-40 by title only, seconded by Vice Mayor White.  The vote was unanimous in favor and title was read as follows:

Resolution No. 2008-40

A resolution of the City Council of the City of Flagstaff, Arizona granting a public utility easement at 2525 North Fort Valley Road to Arizona Public Service Company and authorizing the City Manager to execute the appropriate instruments to convey said easement.

Vice Mayor White moved to adopt Resolution No. 2008-40.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

D.

Consideration of Resolution No. 2008-41:  A resolution of the City Council of the City of Flagstaff, Arizona, dedicating a public right-of-way at 1702 North Fourth Street for Public Use.

RECOMMENDED ACTION:

Read Resolution No. 2008-41 by title only.

Adopt Resolution No. 2008-41.

Vice Mayor White moved to read Resolution No. 2008-41 by title only, seconded by Councilmember Brewster.

The motion passed on unanimous vote and title was read as follows:

Resolution No. 2008-41

A resolution of the City Council of the City of Flagstaff, Arizona, dedicating a public right-of-way at 1702 North Fourth Street for Public Use.

Councilmember Haughey moved to adopt Resolution No. 2008-41.  The motion was seconded by Vice Mayor White and passed on unanimous vote.

8.       COUNCIL DISCUSSION ITEMS

(No items were submitted.)

9.       INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS FOR FUTURE AGENDA ITEMS

Vice Mayor White made three requests regarding the new incubator facility; (1) the name of the facility should be on the sign; (2) a legal opinion in needed to ensure that the City takes no action that would jeopardize the intent or the letter of the agreement with the Economic Development Authority; (3) the vetting process has changed slightly from what the contract calls for, therefore, the public discussion should be conducted before moving forward.

Councilmember Evans asked for; (1) information on when the property maintenance ordinance would be returning to a Council agenda; (2) consideration of offering military discounts at the Aquaplex; and (3) consideration of adopting the League of Neighborhoods proposal she recently distributed to Council.

Councilmember Swanson would like to see the City take the role of facilitator in a community-wide discussion about platforms for local news, particularly in relation to the closing of TV Channel 2.

Council agreed to discuss their program goals at the September 8, 2008, 4:00 p.m. work session, to be followed by a Special Council Meeting at 6:00 p.m. to address impact fees.

There being no further business to come before the Council, the Special Meeting was adjourned at 8:25 p.m.

MAYOR

ATTEST:

CITY CLERK

CERTIFICATION

STATE OF ARIZONA,

Coconino County.

)

)

)

ss.

I, MARGIE BROWN, 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 Special Meeting of the Council of the City of Flagstaff held on August 18, 2008.  I further certify that the Special Meeting was duly called and held and that a quorum was present.

DATED this 17th day of September, 2008.

CITY CLERK