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 NOTE:

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

 

SUMMARIZED MINUTES

COUNCIL MEETING

 

December 7, 2010

12:00 p.m.

 

A meeting of the Flagstaff City Council was held on Tuesday, December 7, 2010 convening at 12:11 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.      ROLL CALL

 

On roll call, the following were present:

 

 

Mayor Presler

 

Vice Mayor Barotz

Councilmember Babbott

Councilmember Brewster

Councilmember Evans, Excused

Councilmember Overton

Councilmember White

 

Also present were:

 

 

Kevin Burke, City Manager

Rosemary Rosales, City Attorney

 

2.      PUBLIC PARTICIPATION

 

Stephanie Smith announced that Flagstaff is one of eight cities that have been selected by Local Governments for Sustainability to take part as an inaugural community in the Climate Resilient Communities program. The City will receive the technical support and resources to accelerate its efforts in developing a community climate action plan.

 

 

3.      BOARD AND COMMISSION APPOINTMENTS

 

 

A.

Consideration of Applicants for Appointments:  Citizens’ Budget Task Force.  [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).  The names of the applicants may be obtained by contacting the City Clerk.]

 

 

 

RECOMMENDED ACTION:

The City Council has the option to:

 

 

 

(1)

Make one or two appointments; and/or

 

 

 

(2)

Table the appointments to allow sufficient time to expand the applicant base.

 

 

Withdrawn.

 

 

4.      LIQUOR LICENSE PUBLIC HEARINGS

 

No items were submitted.

 

 

5.     CONSENT ITEMS

 

 

A.

Consideration of Service Agreement:  Hazardous waste removal and disposition.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the service agreement with Clean Harbors Environmental Services, Inc., on a time and materials basis per the staff summary attachment; and

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

Councilmember White moved to approve the Consent Calendar, seconded by Councillmember Brewster.

 

 

Scott Donovan, Environmental Services, explained that most of the wastestream is hazardous waste and the contractor converts as much as possible to energy.  Cooking oil that is used, clear, and clean is accepted and can be converted to biodiesel.

 

 

The motion passed on unanimous vote.

 

 

6.     ROUTINE ITEMS

 

 

A.

Consideration of Resolution No. 2010-72:  A resolution of the City Council of the City of Flagstaff amending Resolution No. 2001-73 regarding the naming of City facilities.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-72 by title only.

Adopt Resolution No. 2010-72.

 

 

Councilmemer White moved to read Resolution No. 2010-72 by title only, seconded by Councilmember Overton.  The motion passed on unanimous vote and title was read as follows:

 

 

 

Resolution No. 2010-72

 

 

 

 

A resolution of the City Council of the City of Flagstaff amending Resolution No. 2001-73 regarding the naming of City facilities.

 

 

 

Councilmember White moved to adopt Resolution No. 2010-72.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

 

B.

Consideration of Resolution No. 2010-73:  A resolution authorizing the transfer of budgeted funds within funds and authorizing the transer of funds between funds.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-73 by title only.

Adopt Resolution No. 2010-73

 

 

Councilmember White moved to read Resolution No. 2010-73 by title only, seconded by Councilmember Brewster.  The motion passed on unanimous vote and title was read as follows:

 

 

 

Resolution No. 2010-73

 

 

 

 

A resolution authorizing the transfer of budgeted funds within funds and authorizing the transer of funds between funds.

 

 

 

Councilmember White moved to adopt Resolution No. 2010-73, seconded by Counclmember Brewster.  The vote was unanimous in favor.

 

 

7.     RECESS

 

 

The meeting recessed at 12:35 p.m.

 

 

5:30 P.M. MEETING

 

 

RECONVENE REGULAR MEETING

 

The meeting reconvened at 5:33 p.m. and Mayor Presler called the meeting back to order.

 

8.      PLEDGE OF ALLEGIANCE, INVOCATION, AND VISION STATEMENT

 

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

 

9.     ROLL CALL

 

On roll call the following were present:

 

 

Mayor Presler

 

Vice Mayor Barotz

Councilmember Babbott

Councilmember Brewster

Councilmember Evans

Councilmember Overton

Councilmember White

 

Also present were:

 

 

Kevin Burke, City Manager

Rosemary Rosales, City Attorney

 

 

10.    APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

 

 

A.

Consideration of Minutes:  Regular Council Meeting of November 16, 2010.

 

 

 

RECOMMENDED ACTION:

Approve the minutes as submitted/corrected.

 

 

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

 

 

11.    PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING

 

 

BOARD AND COMMISSION MEMBERS

 

 

Andy Fernandez has noticed there are earmarks in local government, corporate entities that drive moms and pops out of business, and contamination at the Sawmill site.

 

 

Steve Schoner, Flagstaff resident, spoke to the Sawmill issue and read his five-year old letter into the record reporting contamination on the site.

 

 

Joe Galli, Flagstaff Chamber, invited Council to the Holiday of Lights event.

 

 

12.    CARRY OVER ITEMS FROM THE 12:00 NOON AGENDA

 

 

13.    PUBLIC HEARING ITEMS

 

 

A.

Consideration of Public Hearing:  Draft new Zoning Code with recommendations from the Planning and Zoning Commission.

 

 

 

RECOMMENDED ACTION:

(1)

Open the public hearing.

 

 

 

(2)

Receive citizen input.

 

 

 

(3)

Close the public hearing.

 

 

 

(4)

Discuss approach for review of new Zoning Code.

 

 

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

 

 

Roger Eastman, Zoning Administrator, provided an overview of the history of the code and progress to date.  Initial meetings were conducted with potential consultants, focus groups were formed, macro and micro mapping of the process occurred, an extensive public outreach took place, and finally, a draft was written.  A zoning code university was conducted and all the input has been included in the draft code.  A number of city boards and commissions had input.  The draft new zoning code supports the existing Regional Plan and helps form the new Regional Plan.  Citizens report that it is user friendly and easy to navigate.

 

 

The new code contains completely reorganized information.  Form based elements have been integrated   Much of the old code has been retained but major changes have been made to certain sections.  The focus has been to make the document more user friendly and ensure that the processes are as simple as possible.  Affordable housing, sustainability, public improvements, and other smaller sections have been added.  The Planning and Zoning Commission has conducted six work sessions and five 5-hour public hearings.  With a number of suggestions, the commission has unanimously recommended approval.

 

 

Steve Drumright, Chairperson of the Planning and Zoning Commission, added that developers are given incentives to incorporate affordable housing into their projects.  Parking incentives have been added.  Two new zones have been established:  the PF zone (public facilities zone) and PFOS (open space).  Commission has addressed every chapter with community input resulting in a positive outcome.  There is no conflict between the new zoning code and the new regional plan and, thus, no reason to delay its adoption.

 

 

Kara Kelty, Chair of the Citizens Advisory Committee, related that the committee was comprised of the chairs for each focus group.  They were aware of the disconnect between the Regional Plan, the zoning code, and affordable housing; and everyone worked on the contentious issues.  Through public participation, they did the best they could to hear everyone and work out conflicts.  The Council needs to be comfortable with its vote, to be familiar with the document, and to ensure there are no unintended consequences.  Its adoption will help the writing of the Regional Plan and moving forward will honor public participation.

 

 

According to the schedule, adoption is targeted for mid-March.  Post-adoption, key staff will continue training additional staff members, citizen users, work with consultants, finalize edits, and then publish.

 

 

Expressing concerns about sections of the new zoning code were:

 

 

 

 

Name

Issue

 

 

 

·    

Charlotte Welch

Multi-familly housing destroying established neighborhoods

 

 

·    

Marilyn Weissman, Friends of Flagstaff’s Future

A comparison of the changes from the old code to the new regarding trees and resources

 

 

·    

Susan Brenton

Prohibition of travel trailers, park models, and recreational vehicles in manufactured housing communities

 

 

·    

Joe Galli, Chamber Commerce

A voluntary sustainable paradigm rather than mandatory

 

 

·    

William P. Ring

Protection of ordinary homeowners’ investments

 

 

·    

·    

Gillian Bleeker

Clint Bleeker, Bleeker’s Boxes

Concerns with Chapter 10.40.60.03D related to her company, restrictions that devastate the mobile storage industry and local businesses

 

 

·    

Betsy McKellar

Zoning changes for open space without a public comment period

 

 

·    

Julie Pastrick, Chamber of Commerce

Fire sprinklers and rainwater harvesting and tools that promote economic growth and economic development

 

 

·    

·    

Terry Hackett

Steven Bushman

Commercial and residential storage containers and the use of semi’s for storage

 

 

·    

Bernadette Tenorio

Section 10-02-005-0025 where use is revoked for a non-conforming manufactured home lot that is vacant for six months

 

 

·    

Judy Louks

Chaper by chapter review

 

 

·    

Andy Fernandez

Inrfill and vacant lots

 

 

Those supporting the new zoning code included:

 

 

·    

Paul Beier, Open Space Commissioner

 

·    

Steven Hirst, Chairperson, Open Spaces Commissioner

 

·    

Don Walthers, Regional Plan Update Citizens Advisory Committee

 

·    

David Monihan, Jr.

 

·    

Jim McCarthy, Planning and Zoning Commissioner

 

 

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

 

 

The following discussion occurred at the end of the meeting but is noted here for the sake of clarity.

 

 

Councilmember Barotz was excused from the discussion.

 

 

Due to the lateness of the hour, Councilmember Brewster moved to table the discussion regarding the process for review of the new zoning code.  The motion died due to lack of a second.

 

 

Councilmember Overton moved to discuss the approach for review of the new zoning code.  The motion was seconded by Councilmember White and the vote was unanimous in favor.  Councilmember Barotz was excused from the vote.

 

 

The City Council agreed to a chapter-by-chapter approach with language flexibility to move through those chapters that may have cross-references.  Policy discussions will occur as part of the chapter reviews.  Although the timeline looks forward to a mid-March adoption, Council felt it would be acceptable to take longer if necessary.  The first step will be to start with a review of Chapters 10-10 and 10-20 on December 14; but, because of the request for different comparisons and scenarios, portions of the chapters may have to be delayed until the information can be developed.

 

 

Further discussion disclosed that the Council consensually supported approving the divisions within a week or two after discussing and amending rather than receiving all the amendments in one large document on the back end of the process.

 

 

A strengths, weaknesses, opportunities, and threats (SWOT) analysis form for Councilmembers to submit each week will be developed so that issues can be individually addressed with Councilmembers.  Issues that aren’t resolved will be brought forward for full public vetting.

 

 

14.    REGULAR AGENDA

 

 

A.

Consideration of On-Call Consulting Service Contracts:  Architecture, landscape architecture, engineering, geotechnical, and surveying.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the on-call service contracts not to exceed $250,000.00 annually each to:

 

 

 

 

Architecture:

Johnson Walzer Associates

Reece Angell Row

Smith Group

 

 

 

Landscape Architecture:

Otak, Inc.

Sherman Group

WLB Group

 

 

 

Engineering:

GHD, Inc.

Kimley-Horne

Plateau Engineering

Shepard Wesnitzer

Parsons Brinkerhoff

Turner Engineering

WLB Group

Woodson Engineering

 

 

 

Geotechnical:

Ninyo & Moore

Speedie & Associates

Western Technologies

 

 

 

Survey:

GHD, Inc.

Plateau Engineering

Shepard Wesnitzer

WLB Group

Woodson Engineering

 

 

 

and

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

Due to the lateness of the hour, Councilmember Overton moved to consider Item 14A, seconded by Councilmember Babbott.  The motion passed on majority vote with Mayor Presler, and Councilmembers Babbott, Overton, and White voting in favor, and Vice-Mayor Barotz and Councilmembers Brewster and Evans voting against.

 

 

Councilmember Babbott moved to convene into executive session for legal advice, seconded by Councimember Overton.  The motion passed on majority vote with Mayor Presler, Vice-Mayor Barotz, and Councilmembers Babbott, Brewster, Evans, and Overton voting in favor, and Councimembr White opposed.

 

 

Upon return from Executive Session, Councilmember Barotz was excused from the remainder of the meeting.

 

 

The motion passed on split vote with Councilmembers Babbott, Brewster, Overton, and White voting in favor, and Mayor Presler and Councilmember Evans opposed.  Vice-Mayor Barotz was excused from the vote.

 

 

A number of Councilmembers expressed their discomfort with the perception of blanket purchase orders up to $250,000 without prevous Council approval and asked for an exploration of other concepts.

 

 

B.

Consideration of Ordinance No. 2010-39:  An ordinance amending Title 8, Public Ways and Property, Chapter 8-11, Policies regarding Use of Municipal Parks, by deleting those procedures related to the issuance of special event permits; adding provisions related to the permitting of certain alcoholic beverages within Ponderosa and Bushmaster Parks and amending those provisions related to the possession of firearms within municipal parks to reflect current state statute.

 

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-39 for the first time by title only.

 

 

Councilmember Babbott moved to read Ordinance No. 2010-39 for the first time by title only, seconded by Councilmember Overton.

 

 

Speaking in support of the ordinance were:

 

 

·    

Tom Ziegler

 

·    

Marty Eckrem, who would like to see the restriction in all parks

 

·    

Kim Austin, who would like to see the restriction in all parks

 

 

Opposed to the ordinance:

 

 

 

·    

Abel Estrella, due to its discriminitary nature

 

 

Councilmember Evans moved to amend to apply the restrictions to all municipal parks.  The motion failed for lack of a second.

 

 

The motion passed on majority vote with Mayor Presler, Vice-Mayor Barotz, and Councilmembers Babbott, Brewster, Overton and White voting in favor, and Counclmember Evans opposed.  Title was read as follows:

 

 

 

Ordinance No. 2010-39

 

 

 

 

An ordinance amending Title 8, Public Ways and Property, Chapter 8-11, Policies regarding Use of Municipal Parks, by deleting those procedures related to the issuance of special event permits; adding provisions related to the permitting of certain alcoholic beverages within Ponderosa and Bushmaster Parks and amending those provisions related to the possession of firearms within municipal parks to reflect current state statute.

 

 

 

Mayor Presler moved to consider the reading of Ordinance No. 2010-39 for the final time by title only.  The motion was seconded by Councilmember Babbott and the vote was unanimous in favor.

 

 

Councilmember Brewster moved to read Ordinance No. 2010-39 for the final time by title only, seconded by Councilmember Babbott.  The motion passed on majority vote with Mayor Presler, Vice-Mayor Barotz, and Councilmembers Babbott, Brewster, Overton and White voting in favor, and Councilmember Evans voting against.

 

 

Following the reading of Ordinance No. 2010-39 for the final time by title only, Councilmember White moved for adoption.  The motion was seconded by Councilmember Brewster and passed on majority vote with Mayor Presler, Vice-Mayor Barotz, and Councilmembers Babbott, Brewster, Overton, and White voting in favor, and Councilmember Evans voting against.

 

 

Councilmember White requested a follow-up report after a certain period of time on migration to other parks where alcohol is allowed.

 

 

C.

Consideration of Resolution No. 2010-74:  A resolution of the Flagstaff City Council supporting Secretary of Interior Salazar’s proposal to withdraw approximately one million acres of federal lands surrounding Grand Canyon National Park from uranium mining for 20 years.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-74 by title only.

Adopt Resolution No. 2010-74.

 

 

Councilmember White moved to read Resolution No. 2010-74 by title only, seconded by Councilmember Babbott.

 

 

The following individuals spoke in support of the resolution:

 

·    

Roger Clark, Grand Canyon Trust

 

·    

Robin Silver

 

·    

Matt Capalby

 

·    

Robert Tohe, Sierra Club Environmental Justice Program

 

·    

Christina Gonzalez Maddux

 

·    

Alycin Gaitlin

 

·    

Tom Mackin, President of Arizona Wildlife Federation

 

·    

Taylor McKinnon, Center for Biological Diversity

 

·    

John Viktora

 

·    

Jim McCarthy

 

·    

Andy Fernandez

 

 

Opposed to the resolution was:

 

·    

Matt Germanson

 

 

The motion passed on majority vote with Mayor Presler, Vice-Mayor Barotz, and Councillmembers Babbott, Brewster, Evans, and White voting in favor, and Councilmember Overton opposed.  Title was read as follows:

 

 

 

Resolution No. 2010-74

 

 

 

 

A resolution of the Flagstaff City Council supporting Secretary of Interior Salazar’s proposal to withdraw approximately one million acres of federal lands surrounding Grand Canyon National Park from uranium mining for 20 years.

 

 

 

Councilmember White moved for adoption.  The motion was seconded by Councilmember Babbott and passed on majority vote with Mayor Presler, Vice-Mayor Barotz, and Councilmembers Babbott, Brewster, Evans, and White voting in favor, and Councilmember Overton opposed.

 

 

15.    DISCUSSION ITEMS

 

 

A.

Consideration of Council Discussion:  Shooting range in the vicinity of Walnut Canyon National Monument.

 

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

 

This item was reordered to the first of the meeting but is recorded here for the sake of clarity.

 

 

Opposed to the Foster Ranch Game and Fish shooting range due to its impact on Walnut Canyon were:

 

 

·    

Betsy McKellar

 

·    

Steve McKellar

 

·    

Alycin Gaitlin, Sierra Club

 

·    

Robert Mark

 

·    

Dick Hingson

 

 

Supportive of the shooting range location was:

 

 

 

·    

Tom Mackin, Arizona Game and Fish Hunter Safety Program Instructor

 

 

Jay Cook, Game and Fish, advised that governmental agencies will be meeting on Friday, December 10, 2010, to discuss concerns about the shooting range.  Their 17-year public process has been extensive.  The Commission established criteria of 30 minutes from downtown Flagstaff, completion by 2013, and a community range with potential for a regional facility.  There is some leeway on the size.  The Commission has not analyzed an indoor range for this project but estimates are about $2.5 million for a 10-lane range.  It’s very expensive to construct and would be expensive to shoot there.  The agency has done an environmental review covering decibel levels, habitat endangerment, and site cleanup.  It has been a 17-year process.  He would be happy to come back to Council at another time and provide detailed presentation.

 

 

Council directed that a follow-up presentation be scheduled from the Game and Fish Commission.

 

 

16.    PUBLIC PARTICIPATION

 

 

None.

 

 

17.    INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS

 

 

FOR FUTURE AGENDA ITEMS

 

 

Councilmember Evans requested a work session presentation on industrial development authorities and joint concepts presented at the City/County work session on December 6.

 

 

Mayor Presler asked that an executive session item be scheduled for legal advice and tools to permanently deed or restrict open space as open space.

 

 

18.     ADJOURNMENT

 

There being no further business to come before the Council, the meeting was adjourned at 11:27 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 Meeting of the Council of the City of Flagstaff held on December 7, 2010.  I further certifty that the Meeting was duly called and held and that a quorum was present.

 

DATED this 22nd day of December, 2010.

 

 

 

 

 

 

CITY CLERK