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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

 

April 19, 2011

12:00 p.m.

 

A meeting of the Flagstaff City Council was held on April 19, 2011 convening at 12:03 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, Excused

Councilmember Evans

Councilmember Overton

Councilmember White

 

Also present were:

 

 

Jim Wine, Deputy City Manager

Rosemary Rosales, City Attorney

 

2.      PUBLIC PARTICIPATION

 

 

a.

Recognition of Finance Section for Government Finance Officers Association Award.

 

Rick Tadder commended the Finance team of Brandi Suda, Maryellen Pugh, Wanda Noffz, Cindy Dorfsmith, Merle McCabe, Stacey Brechler-Knaggs, and Tricia Almendarez for receiving the Certificate of Achievement for Excellence in Financial Reporting for the City’s Comprehensive Annual Financial Report, and the Distinguished Budget Presentation Award from the Government Finance Officers’ Association.

 

 

 

b.

General Public Participation.

 

There was no public participation.

 

3.      BOARD AND COMMISSION APPOINTMENTS

 

4.      LIQUOR LICENSE PUBLIC HEARINGS

 

A.

Consideration Of And Action On Liquor License Application: Michael Marquess, Mother Road Brewing Company, 7 S. Mikes Pike, Series 03, New License.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

The City Council has the option to:

 

 

(1)

Forward the application to the State with a recommendation for approval;

 

 

(2)

Forward the application to the State with no recommendation; or

 

 

(3)

Forward the application to the State with a recommendation for denial based on the testimony received at the public hearing and/or other factors.

 

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

 

Police Lieutenant Dan Musselman explained that the background investigation revealed no negative information.

 

Michael Marquess, the applicant, stated he and his management people have completed the Liquor Board classes.

 

Councilmember Overton moved to close the public hearing.  The motion was seconded by Councilmember White and passed unanimously.

 

Councilmember Babbott moved to forward the application to the State with a recommendation for approval.  Upon second from Councilmember White, the vote was unanimous in favor.

 

B.

Consideration Of And Action On Liquor License Application: Caleb Schiff, “Pizzicletta”, 203 W. Phoenix Ave., Series 12, New License.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

The City Council has the option to:

 

 

(1)

Forward the application to the State with a recommendation for approval;

 

 

(2)

Forward the application to the State with no recommendation; or

 

 

(3)

Forward the application to the State with a recommendation for denial based on the testimony received at the public hearing and/or other factors.

Councilmember Babbott moved to open the public hearing, seconded by Councilmember White.  The motion passed unanimously.

 

Lieutenant Dan Musselman reported that there were no derogatory records found in the background investigation.

 

Caleb Schiff was present and available for questions.

 

Councilmember Overton moved to closed the public hearing.  The motion was seconded by Councilmember Evans and the vote was unanimous in favor.

 

Councilmember Overton moved to forward the application to the State with a recommendation for approval seconded by Councilmember Evans.  The motion passed on unanimous vote.

 

C.

Consideration Of And Action On Liquor License Application: Kenneth Lee, “Skipper’s Cove”, 1926 N. Fourth St. #8B, Series 06, Person and Location Transfer.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

The City Council has the option to:

 

 

(1)

Forward the application to the State with a recommendation for approval;

 

 

(2)

Forward the application to the State with no recommendation; or

 

 

(3)

Forward the application to the State with a recommendation for denial based on the testimony received at the public hearing and/or other factors.

 

This item was withdrawn from the agenda.

 

5.     CONSENT ITEMS

 

A.

Consideration and Approval of Amendment Number One to Service Agreement: Business technology incubator services.

 

 

RECOMMENDED ACTION:

Approve Amendment Number One extending the contract with the Northern Arizona Center for Emerging Technologies in the amount of $220,000.00 annually.

 

Councilmember White moved to accept the recommended action, seconded by Vice-Mayor Barotz.

 

Councilmember Babbott moved to convene into executive session.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

Upon return from Executive Session, Councilmember White moved to postpone until the 5:30 p.m. meeting, seconded by Councilmember Evans.  The vote was unanimous in favor.

 

B.

Consideration and Approval of Amendment One to Service Agreement: Shelter services.

 

 

RECOMMENDED ACTION:

Approve Amendment One with Flagstaff Shelter Services.

 

This item was withdrawn from the agenda.

 

C.

Consideration and Approval of Second Amendment to Service Agreement: Residential Energy Retrofits.

 

 

RECOMMENDED ACTION:

(1)

Approve Second Amendment with Hope Construction, authorizing the use of Living Cities LLC grant funds to increase the contract amount by $27,363.00, for a total contract amount of $410,264.66; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

D.

Consideration and Approval of Second Amendment to Service Agreement: Residential Energy Retrofits.

 

 

RECOMMENDED ACTION:

(1)

Approve the Amendment to Service Agreement with Regroup Performance Contracting, authorizing the use of Living Cities LLC grant funds to increase the contract amount by $27,363.00, for a total contract amount of $127,688.62; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

E.

Consideration and Approval of Final Plat: Crestview Subdivision; a 119-lot, single family subdivision in the MH, Manufactured Homes zoning district, located at 1700 South Northwestern Street.

 

 

RECOMMENDED ACTION:

Approve the final plat.

 

Councilmember White moved to approve Consent Agenda Items C through E, seconded by Vice-Mayor Barotz.  The vote was unanimous in favor.

 

6.     ROUTINE ITEMS

 

No items were submitted.

 

CITY MANAGER AWARDS PRESENTATION.

 

City Manager Kevin Burke participated technologically during this portion of the meeting as he made the presentation of awards to the following City of Flagstaff employees:

 

Fremont Awards for:

 

Professionalism

Jeff Judge.

 

Quality

Janelle Mickelson

 

Accountability

William Case

 

Responsiveness

Tom Burkhart, Stephen Flood, Brian Gilbert, John Hickey, Kurt Novy, Troy Truman, Bob Waller, John Wiler

 

Problem Solving

Skott Goodwin, Mike Stress, Julian Milligan, Richard Montoya, Tod Skinner

 

Teamwork

Mike Stress, Mark Apodaca, Julian Milligan, Jeff Ely, Robert Saltzburg, Kevin Begay, Eric Pebley, Matt Morales, Ken Robinson

 

Agassiz Awards for:

 

Professionalism

Roger Eastman

 

Quality

Kevin Treadway

 

Accountability

Christine Cameron

 

Responsiveness

Glorice Brehl

 

Problem Solving

Dan Holmes

 

Teamwork

Daniel Casados, Marques Taliman, Victor Escoto, Angel Baca, Jeff Roan, Ray Kaminski

 

Humphreys Award

Kimberly Ott

 

RECESS.

 

5:30 P.M. MEETING

 

RECONVENE REGULAR MEETING

 

The meeting reconvened at 5:34 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

 

10.    APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

 

A.

Consideration of Minutes:  Regular Council Meetings of July 27, 2010 and March 15, 2011; and Special Council Meeting of August 30, 2010.

 

 

RECOMMENDED ACTION:

Approve the minutes as submitted/corrected. 

 

Councilmember Evans moved to approve the minutes as submitted, seconded by Councilmember Babbott.  The motion passed on unanimous vote.

 

11.    PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING

 

BOARD AND COMMISSION MEMBERS

 

Mayor presented a proclamation to acting City Manager, Jim Wine, in honor of his birthday.

 

There was no other public participation.

 

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

 

5A.

Consideration and Approval of Amendment Number One to Service Agreement: Business technology incubator services.

 

 

RECOMMENDED ACTION:

Approve Amendment Number One extending the contract with the Northern Arizona Center for Emerging Technologies in the amount of $220,000.00 annually.

 

As a carryover item from the 12:00 noon meeting, the motion to approve the recommended action previously made by Councilmember White, and seconded by Vice-Mayor Barotz was on the floor.

 

Councilmember Babbott moved to amend Section 1.C, Subparagraph 3.3, by striking in the second sentence beginning with “This right of inspection and supervision, . . . .”, striking the following sentence; and replacing with the following language:

 

 

“This right of inspection and supervision may include periodic activity reports provided by provider to the City Council.  The City shall have the right to order provider’s records relating to the performance of this agreement.”

 

 

Councilmember Evans seconded the motion which passed on unanimous vote.

 

Councilmember White moved to amend the contract, Section 12, Amendment, Subsection (H) to say:  “This agreement is hereby amended by deleting the second bullet point in Exhibit A and to strike the language deleting the fourth bullet point, and leaving in the language ‘Provide client input into the design and equipment of the Incubator Building’.”

 

Councilmember Evans seconded the motion to amend which passed on unanimous vote.

 

John Stigmon, Economic Vitality; James Speed, Assistant City Attorney; and Russ Yelton joined in the discussion.

 

NACET has heard the Council’s concerns about participation of the Northern Arizona Council of Governments and has asked Ken Sweet, NACOG’s executive director, to be on the client selection committee.  Amendments to the agreement are addressed in Section F of the agreement and can be made at any time over its life if both parties consent to it.

 

The vote on the main motion was unanimous in favor.

 

13.    PUBLIC HEARING ITEMS

 

No items were submitted.

 

14.    REGULAR AGENDA

 

A.

Consideration and Adoption of Resolution No. 2011-18: A resolution approving the City of Flagstaff’s 2011 Analysis of Impediments to Fair Housing Choice and authorizing its submission to the U.S. Department of Housing and Urban Development.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-18 by title only.

Adopt Resolution No. 2011-18.

 

Councilmember Brewster was excused from the remainder of the meeting.

 

Councilmember Evans moved to read resolution No. 2011-18 by title only, seconded by Councilmember Babbott.  The motion passed on unanimous vote and title was read as follows:

 

 

Resolution No. 2011-18

 

 

 

A resolution approving the City of Flagstaff’s 2011 Analysis of Impediments to Fair Housing Choice and authorizing its submission to the U.S. Department of Housing and Urban Development.

 

 

Councilmember Evans moved to adopt Resolution No. 2011-18, seconded by Councilmember Babbott.  The vote was unanimous in favor.  Councilmember Brewster was not present.

 

B.

Consideration and Adoption of Ordinance No. 2011-07: An Ordinance amending Title 3, “Business” of the Flagstaff City Code by adding a new Section 3-01-001-0012, Exemptions.

 

 

RECOMMENDED ACTION:

(1)

Read Ordinance No. 2011-07 for the first time by title only.

 

 

(2)

Move to consider the reading of Ordinance No. 2011-07 for the final time by title only (requires unanimous affirmative vote).

 

 

(3)

Upon the unanimous vote above, move to read Ordinance No. 2011-07 for the final time by title only.

 

 

(4)

Adopt Ordinance No. 2011-07.

 

This item was taken out of order and discussed earlier in the meeting.

 

Councilmember Evans moved to read Ordinance No. 2011-07 for the first time by title only, seconded by Councilmember Babbott.

 

Ranbir Cheema, Sales Tax, was a part of the discussion.

 

An ordinance is required in order to create an exemption in the sales tax code because the new state law prevents charging a fee to license designated caregivers for their services.  Under the City’s current occupational business license, caregivers would otherwise be subject to licensing fees.

 

Council consensus was to schedule executive session legal advice.

 

Councilmember Overton moved to postpone to the May 3 meeting.  The motion was seconded by Councilmember Babbott and passed on unanimous vote. Councilmember Brewster was not present.

 

15.    DISCUSSION ITEMS

 

A.

Continuation of Review and Discussion of Draft Zoning Code:  Detail review of amendments to Chapter 10-40 (Specific to Zones).

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

Councilmember Brewster was excused from this discussion.

 

Roger Eastman participated in the discussion.

 

City Council gave the following instruction on policy issues related to the Zoning Code:

 

 

·    

Commercial uses should be allowed only through the conditional use permitting process in the LIO and HIO zones.

 

·    

In agricultural zones, conditional use permits should be required to retail, office, lodging, and other light industrial uses.

 

·    

The larger landscape areas and setbacks proposed in the RD (business park) zone will be retained.

 

·    

Building heights will not be changed nor discussed unless someone brings it back.

 

·    

Related to infill and redevelopment, the Regional Plan will drive what is contained in the Zoning Code.

 

·    

All transect zones will be optional to underlying zones.

 

Mayor Presler was excused from the remainder of the meeting.

 

Vice Mayor Barotz excused herself from the meeting but asked that the discussion on the PLF and PF (public facilities) zone be postponed so that she could participate in it.

 

Margie Brown, City Clerk, called for a motion and vote to select a temporary chair of the meeting.

 

Councilmember White moved to select Councilmember Overton as temporary chair, seconded by Councilmember Evans.  The motion failed on a tie vote with Councilmembers Evans and White voting in favor and Councilmembers Babbott and Overton opposed.

 

Councilmember Overton moved to nominate Councilmember Evans as temporary chair, seconded by Councilmember Babbott.  The motion failed on tie vote with Councilmember Babbott and Overton voting in favor and Councilmembers Evans and White opposed.

 

Councilmember White moved to appoint Councilmember Babbott as temporary chair.  The motion was seconded by Councilmember Evans and passed on unanimous vote.

 

Members of the public speaking to Council were:

 

 

·    

William Ring

 

·    

Duffie Westheimer

 

Speakers expressed concerns over (1) transect zones, non-transects, and incentives; (2) parking requirements; (3) infill and redevelopment; and (4) lot splits in historic overlay districts that would result in two lots with taller structures and use of alleys as thoroughfares.

 

The provisions of the existing Land Development Code regarding secondary single family dwellings have been carried over into the new Zoning Code.  They are allowed in the MR or HR zones which are applied in older downtown neighborhoods.  A secondary single family dwelling allows a property owner to split lot size to a smaller size than the standard for that zone.  It requires the lot have an existing home and a certain amount of extra land before it can be split and a second dwelling built.  Adding more and smaller homes into an historic district is in keeping with the historic district.  The same thing is allowed in PRD zoning district for townhomes.  This allows for smaller buildings in historic districts and discourages larger buildings in historic overlay districts. The historic overlay district has building height restrictions and is the ultimate protection for neighborhoods.  It is intended to create a smaller building or two small buildings, not two big buildings.

 

B.

Consideration/Discussion:  Civil Rights Ordinance

 

 

RECOMMENDED ACTION:

None

 

This item was taken out of order while Mayor Presler, Vice-Mayor Barotz, and Councilmember Brewster were in attendance.

 

Mayor Presler, as the sponsor of the discussion, explained that the theme of a potential ordinance is to love thy neighbor.  The proposal is not to go through the same process as previous such discussions.  Rather, there are already existing models that can be used.  Public input can be taken in written form or during the first and second readings of an ordinance, as well as the two agenda review meetings.  The ordinance should contain an exemption for churches and religions and the focus should be on housing, jobs and facilities.  Fifth, there should be a complaint mediation process for the parties, with unresolvable issues taken to County civil court and/or prosecuted as misdemeanor offenses.  The recommended timeline to come back to Council is June 1.

 

The public has already given input as to whether or not this kind of ordinance is a good idea or not.  That process was lengthy and hurtful and didn’t accomplish much other than the Diversity commission going through extreme stress.  Nothing will be solved with additional extended public debate; it can be handled in four meetings.  Other agencies and organizations are adopting non-discrimination policies.  The data is available and the community should base its decision on data and not fear.

 

The following speakers supported a local civil rights ordinance:

 

 

·       

Arianne Berford

 

·       

Kathryn Jim, President of Northern Arizona Pride Association

 

·       

Michele Qualls, Fair Trade Flagstaff

 

·       

Matthew Capalby

 

·       

Dorothy Rissell

 

·       

Tom Burkhardt

 

·       

Jamie Whelan

 

Speakers who supported an ordinance but asked that the process be slowed down, find a way to heal the community, and let everyone have a voice were:

 

 

·       

Nick Zeigich

 

·       

Chris Duarte

 

Vice-Mayor Barotz and Councilmembers Babbott, Brewster, Evans, White expressed support for an ordinance, but not on a June 1 timeline.  The matter should be added to the working calendar in its appropriate place in the work queue in priority order relationship to, and not supersede Council’s other priorities.

 

Councilmember White asked to see the draft ordinance as it is developing.

 

Councilmember Evans requested that 15 or so focus groups consisting of community members across the board be created and work with a facilitator to provide input to the Council in the crafting of an ordinance.  There was not Council majority to support this suggestion.

 

When the first discussion came forward a couple of years ago, it was in response to a petition that forced the City to react because of City Charter requirements.  Consequently, it didn’t start as a blank slate.  The Council has given clear direction that a non-discrimination ordinance is a goal:  The City Attorney’s Office is not a community facilitator.  Next steps may include putting together different process choices for Council consideration at a work session after which it can be prioritized with other Council priorities and staff workload.  There is risk in opening it up too wide to community input and in having an unstructured process.  How to get from today’s decision to a Council vote on an ordinance needs to be discussed.

 

Council was in agreement with moving forward with an ordinance and bringing a proposed process back at a future work session.

 

Councilmember White asked that an executive session for legal advice be schedule on the front end rather than on the back end.

 

C.

Consideration/Discussion: Flagstaff Area Regional Plan Citizens’ Advisory Committee communications and status.

 

 

RECOMMENDED ACTION:

None

 

This item was taken out of sequence and discussed earlier in the meeting.

 

Councilmember Brewster was absent from this portion of the meeting; Mayor Presler and Vice-Mayor Barotz were present for the discussion.

 

This matter was scheduled at the request of two members of the Council after meeting with members of the Citizens Advisory Committee who stated that they need more resources and staff.

 

Key City staff have met to develop a number of tools and strategies to assist the Citizens Advisory Committee.  The City Manager will attend the upcoming meeting and work with the committee members to articulate where their struggles are and where they are not.  If they have a consensus on those issues, it will assist in not applying solutions that aren’t appropriate.  After that, available resources for the current and upcoming fiscal year will be identified.

 

The editing portion can’t be funded out of funds from the Flagstaff Metropolitan Planning Organization.  However, one of the planners who has been involved in the update of the Land Development Code can be immediately reassigned to do technical work on the Regional Plan without finding new dollars.  This will help with a consistent voice in the Regional Plan document.

 

While Mayor Presler and Councilmembers Babbott and Evans supported procuring the services of a facilitator for the group, the majority of Council was silent on the issue.

 

A majority of Council was not supportive of weekly written updates from the City Manager; rather Vice-Mayor Barotz and Councilmember Babbott, Overton, and White preferred to first receive feedback from the City Manager after his meeting with the Regional Plan Citizens Advisory Committee and receive proposals for solutions.

 

Bill Ring, speaking as a member of the committee, proposed that Jim Cronk facilitate the committee, but that the Council should move cautiously and not assert that something is broken. 

 

Paul Babbitt, Chairperson of the Citizens Advisory Committee, appreciated the Council discussion.  The Committee wishes to engage the public and engender enthusiasm in the Regional Plan earlier rather than later.

 

16.    PUBLIC PARTICIPATION

 

None.

 

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

 

FOR FUTURE AGENDA ITEMS

 

Councilmember White asked for a better way to prepare Council agenda packets that would save paper.

 

Council’s recent and future activities included the Senior Corps recognition ceremony, Mary Jo Jenkins memorial dedication, First Annual Northern Lights Recognition Ceremony, Literacy Volunteers Spelling Bee; and Earth Day

 

The City Manager asked the Council to enlist the business community in e-mailing the Governor on Senate Bill 1203.

 

18.     ADJOURNMENT

 

There being no further business to come before the Council, the meeting was adjourned at 9:32 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 April 19, 2011.  I further certifty that the Meeting was duly called and held and that a quorum was present.

 

DATED this 8th day of June, 2011.

 

 

 

 

CITY CLERK