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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

 

January 18, 2011

12:00 p.m.

 

A meeting of the Flagstaff City Council was held on January 18, 2011 convening at 12:04 p.m. 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, arriving late

Councilmember Evans, Excused

Councilmember Overton

Councilmember White, Excused

 

Also present were:

 

 

Kevin Burke, City Manager

Rosemary Rosales, City Attorney

 

2.      PUBLIC PARTICIPATION

 

None.

 

3.      BOARD AND COMMISSION APPOINTMENTS

 

No items were submitted.

 

4.      LIQUOR LICENSE PUBLIC HEARINGS

 

A.

Consideration/Recommendation on Liquor License Application:  Susanne One Love, Cosmic Distributing, Inc., 2323 E. Greenlaw Lane #4, Series 04, 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 Overton moved to open the public hearing.  The motion was seconded by Councilmember Babbott and passed on unanimous vote.

 

Sergeant Matt Wright conducted the background investigation and no derogatory records were found.  As a result of his investigation, he found no reason to oppose the application.

 

Applicant, Susanne One Love, stated that the application is for a wholesale license.  The location is for storage only; alcohol will not be served, tasted or consumed on the premises.  Their goal is to provide local beer from local breweries to local establishments.  She and her partner have previous business experience.  The church listed on the application is 800 ft. from the location, beyond the statutory requirement.  Since the Buddhist Center does not appear on a google search, it was not listed on the application.

 

Councilmember Brewster arrived at the meeting at 12:10 p.m.

 

Councilmember Babbott moved to close the public hearing, with second from Councilmember Overton.  The motion passed unanimously.

 

Councilmember Babbott moved to forward the application to the State with a recommendation for approval.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

B.

Consideration/Recommendation on Liquor License Application:  Randy Nations, “Outback Steakhouse #0317”, 2600 E. Lucky Lane, 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 Overton moved to open the public hearing.  The motion was seconded by Councilmember Babbott and passed on unanimous vote.

 

Sergeant Matt Wright conducted the background investigation and found no derogatory information.  The Outback has changed ownership and requires a new license.  The controlling interests are Derek Montgomery, Joseph Cado and Andrew Balsam.  All managers have completed the liquor license training.

 

Danny Thomas, appearing for applicant, Randy Nations, was available to answer questions.

 

Councilmember Overton moved to close the public hearing, with second from Councilmember Babbott.  The motion passed unanimously.

 

Councilmember Babbitt moved to forward the application to the State with a recommendation for approval.  Councilmember Overton seconded the motion.  The motion passed unanimously.

 

5.     CONSENT ITEMS

 

A.

Consideration and Award of Bid:  Curbside containers for the City’s glass recycling program.

 

 

RECOMMENDED ACTION:

Approve the proposal from Toter, Inc., in the amount of $116,850.00, plus taxes and shipping.

 

B.

Consideration and Approval of Amendment No. 2 to Service Agreement:  Arts, culture, and science funding.

 

 

RECOMMENDED ACTION:

Approve Amendment No. 2 for a one-year extension with Flagstaff Cultural Partners.

 

C.

Consideration and Approval of Lease Agreements:  Flagstaff Pulliam Airport car rental concessions.

 

 

RECOMMENDED ACTION:

(1)

Approve the lease agreements with:

 

 

 

a.

Avis Budget Car Rental LLC for a minimum annual guarantee of $148,000.00 per year or 10% of gross receipts, whichever is greater, and space rental of $12,262.45;

 

 

 

b.

Alamo Rental Car and National Car Rental for a minimum annual guarantee of $131,050.00 per year or 10% of gross receipts, whichever is greater, and space rental of $12,505.20;

 

 

 

c.

The Hertz Corporation for a minimum annual guarantee of $76,500.00 per year or 10% of gross receipts, whichever is greater, and space rental of $12,012.25; and

 

 

 

d.

Enterprise Rent-A-Car for a minimum annual guarantee of $51,085.00 per year or 10% of gross receipts, whichever is greater; and space rental of $9,195.00; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

Councilmember Overton moved to approve the Consent Agenda.  The motion was seconded by Councilmember Brewster and passed on unanimous vote.

 

6.     ROUTINE ITEMS

 

A.

Consideration and Adoption of Resolution No. 2011-01:  A resolution approving the City of Flagstaff FY 2011-2015 Consolidated Plan and authorizing its submission to the U.S. Department of Housing and Urban Development (HUD).

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-01 by title only.

Adopt Resolution No. 2011-01.

 

Councilmember Overton moved to read Resolution 2011-01 by title only, seconded by Councilmember Brewster.  The motion passed unanimously and title was read as follows:

 

 

Resolution No. 2011-01

 

 

 

A resolution approving the City of Flagstaff FY 2011-2015 Consolidated Plan and authorizing its submission to the U.S. Department of Housing and Urban Development (HUD).

 

 

Councilmember Brewster moved to adopt Resolution No. 2011-01, with second from Councilmember Babbott.

 

Justyna Costa, Housing and Grants Administrator, participated in the discussion.  Economic development has been added as its own goal and is a main goal under the plan.

 

The motion passed on unanimous vote.

 

7.     RECESS

 

The meeting was recessed at 12:25 p.m.

 

5:30 P.M. MEETING

 

RECONVENE REGULAR MEETING

 

The meeting reconvened at 5:30 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.

 

Anthony Shepherd sang “Lift Every Voice” in honor of Dr. Martin Luther King.

 

9.     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

 

10.    APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

 

11.    PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING

 

BOARD AND COMMISSION MEMBERS

 

Jeff Oravits commented on fiscal irresponsibility related to snow removal in his cul-de-sac.

 

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

 

None.

 

13.    PUBLIC HEARING ITEMS

 

A.

Consideration and Action on Public Hearing (PC LUP 2010-004): A proposed amendment to the Flagstaff Area Regional Land Use and Transportation Plan to change the land use designation for approximately 5.25 acres of land of a 14.41-acre site located at 4700 East Railhead Avenue from Medium Density Residential category to High Density Residential District category.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

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

 

Elaine Averitt, Planning Development Manager, and William Ring, Attorney for Dura Residential, participated in the discussion.  The proposed change will allow the parcel to conform to the High Density Residential zoning of the adjacent parcel.  The change will allow up to 317 units to be built on the two parcel site.  The proposed plan calls for 288 units and will result in a 10% increase in affordable housing for thirty years.

 

The plan approved by the Development Review Board includes a multi-family community with 25 buildings, a club house, heated pool, ramadas, trails, tot lot and a Town Green.  The Town Green will be built and maintained by the developer, but will be owned by the City as a public gathering space.

 

Primary access will be through the cul-de-sac and driveway located at the south end of the site. The project will require an extension of Mall Way.  The proposal identifies a gate into the community that will remain open during the day to provide access by the community.  Flagstaff Urban Trail and pedestrian access points will allow connectivity for the neighborhood and will remain open at all times.

 

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

 

B.

Consideration and Adoption of Resolution No. 2011-02:  A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan regarding the land use designation of approximately 5.25 acres of real property located at 4700 East Railhead Avenue from Medium Density Residential to High Density Residential.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-02 by title only.

Adopt Resolution No. 2011-02.

 

Councilmember Overton moved to read Resolution No. 2011-02 by title only, with second from Councilmember Brewster.

 

Mark Sawyers, Current Planning Manager, participated in the discussion. The City owns Tract A and can direct the developer to construct a pedestrian easement along Railhead Avenue.

 

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

 

 

Resolution No. 2011-02

 

 

 

A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan regarding the land use designation of approximately 5.25 acres of real property located at 4700 East Railhead Avenue from Medium Density Residential to High Density Residential.

 

 

Councilmember White moved to adopt Resolution No. 2011-12.  The motion was seconded by Councilmember Overton and passed on unanimous vote.

 

C.

Consideration and Action on Public Hearing (PC REZ 2010-005):  Rezoning of approximately 14.41. acres located at 4700 East Railhead Avenue from the M-H-E, Manufactured Home Park District – Established and UC, Urban Commercial District, to HR, High Density Residential District.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

Councilmember Babbott moved to open the public hearing, with second from Councilmember Overton.  The motion passed unanimously.

 

There being no public input, Councilmember Overton moved to close the public hearing.  The motion was seconded by Councilmember Babbott and passed on unanimous vote.

 

D.

Consideration and Possible Adoption of Ordinance No. 2011-01:  An ordinance rezoning approximately 14.41 acres of real property located at 4700 East Railhead Avenue from “UC”, Urban Commercial, and “M-H-E”, Manufactured Home Park Established, to “HR,” High Density Residential.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2011-01 for the first time by title only.

 

Councilmember Brewster moved to read Ordinance No. 2011-01 for the first time by title only.  The motion was seconded by Councilmember White and passed on unanimous vote.  Title was read as follows:

 

 

Ordinance No. 2011-01

 

 

 

An ordinance rezoning approximately 14.41 acres of real property located at 4700 East Railhead Avenue from “UC”, Urban Commercial, and “M-H-E”, Manufactured Home Park Established, to “HR,” High Density Residential.

 

 

14.    REGULAR AGENDA

 

A.

Consideration and Approval of Amendments to the Draft Zoning Code:  Chapter 10-20, “Administration, Procedure and Enforcement”, with the exception of Division 10-20.50 “Amendments to the Zoning Code Text and the Zoning Map”.

 

 

RECOMMENDED ACTION:

Approve the amendments listed on the staff summary attachment.

 

This item was taken out of order, but is included here for clarity.  Mayor Presler and Councilmember Babbott had previously been excused from the meeting and did not participate in the discussion or the vote.

 

Councilmember Brewster moved to approve the recommended action.  The motion was seconded by Councilmember White.

 

Roger Eastman, Zoning Code Administrator, and Mark Landsiedel, Community Development Director, were present and participated in the discussion.  Changes to Chapter 10-20 are reflected in the staff summary, with the exception of temporary use permits for food vendors.

 

Council consensus was to allow temporary food vendors to apply for a nine month seasonal permit, for two years plus one year extension.  Vendors can then apply for a conditional use permit.  Temporary businesses are intended to be temporary; an incubation period that grows the business into a permanent building.  Farmers’ markets will fall under Chapter 10-40-30, Land Use Tables.

 

Because they are allowed an outdoor display of product, merchandise vendors are limited to six months, for two years; plus one year extension.  Vendors can then apply for a conditional use permit.

 

The motion passed on unanimous vote.

 

15.    DISCUSSION ITEMS

 

A.

Consideration/Discussion:  Game and Fish shooting range near Walnut Canyon.

 

 

RECOMMENDED ACTION:

Receive presentaton from Game and Fish and determine any course of action.

 

Jay Cook, Tony Sola, Ty Gray, Fred Bloom and Anthony Chavez, Arizona Fish and Game, were present and available to participate in the discussion.

 

The Foster Ranch location is able to accommodate a local community shooting range and a regional shooting range.  Fifty potential sites have been evaluated since 1995.  Raymond Ranch was eliminated; it did not meet commission objectives regarding travel time and road conditions.  Acquisition was approved by the legislature in May, 2010 and by the Governor in June, 2010.  The funding came from Game and Fish, not general funds.  Public outreach was extensive locally and throughout the State.  All public meeting laws were followed.  Flagstaff City Council was not directly contacted as the property is located outside the City limits.

 

Foster Ranch due diligence has been completed.  Many wildlife studies were done that indicated there would be no negative impact to wildlife.  The sound study was conducted in accordance with A.R.S. 17-602 and meets statutory requirements of 65 decibels or less.  Sound mitigation strategies are planned and being developed to reduce the decibel levels by half.  The hours of operation will be in accordance with A.R.S. 17-604, 8:00 a.m. until sunset, with an exception for law enforcement and military.  The range will be completely fenced and gated.

 

The range will have a positive economic impact to the local communities as it will attract visitors to the area for recreational shooting.  It is estimated there will be 10,000 shooter days per year; daily use is highly variable.

 

Copies of the presentation will be supplied to Council.

 

Councilmember Babbott was excused from the meeting at 7:39 p.m.

 

Mayor Presler called for a brief recess at 7:45 p.m. and excused herself from the meeting.

 

Vice Mayor Barotz reconvened the meeting at 7:50PM.

 

Those speaking in favor of the Foster Ranch shooting range were:

 

 

Roddy Lara

 

 

Mike Golightly

 

 

Robert Woodhouse

 

 

Sergeant Steve Shroufe

 

 

Gabor Kovacs

 

 

Tom Mackin

 

 

Ronald Talbott

 

 

Peter Wainwright

 

 

Tom Britt

 

 

Noble Hathaway

 

 

Steve Rosenstock

 

 

Bill McLean

 

 

Dick Hingson

 

 

John Martin

 

 

Joy Staveley

 

 

Callen Woodhouse

 

 

Jill Farrell

 

 

Leslie Pickford

 

 

Those speaking against the Foster Ranch shooting range were:

 

 

Kevin Dahl

 

 

Don Keller

 

 

David Nimkin

 

 

Lisa Leap

 

 

Charles Schelz

 

 

Cynthia Parker

 

 

Paul Whitefield

 

 

Jim McCarthy

 

 

Alicyn Gitlin

 

 

John Viktora

 

 

Terry Mongart

 

 

Eric Souders

 

 

Cheryl Bader

 

 

Marilyn Weissman

 

 

Karen Goodwin

 

 

Deborah James

 

 

Tish Bogan-Ozmun

 

 

Dennis Jones

 

 

Steve McKeller

 

 

Betsy McKeller

 

 

Dick Kingston

 

 

Don Sharlow

 

 

Council consensus was to place this item on a future agenda for Council discussion only.

 

B.

Consideration/Discussion:  Councilmember Lobbying Trip to Washington, D.C.

 

 

RECOMMENDED ACTION:

None.

 

There was no objection to Councilmember Overton attending meetings in Washington, D.C. by himself when the Mayor has conflicting engagements.

 

16.    PUBLIC PARTICIPATION

 

None.

 

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

 

FOR FUTURE AGENDA ITEMS

 

 

There was a request to discuss the gridlock on Highway180.

 

18.     ADJOURNMENT

 

There being no further business to come before the Council, the meeting was adjourned at 9:39 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 January 18, 2011.  I further certifty that the Meeting was duly called and held and that a quorum was present.

 

DATED this 5th day of July, 2011.

 

 

 

 

CITY CLERK