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NOTE:
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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.
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SUMMARIZED MINUTES
COUNCIL MEETING
January 18, 2011
12:00 p.m.
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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.
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CALL TO ORDER
The meeting was called
to order by Mayor Presler.
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1. ROLL CALL
On roll call, the following were present:
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Mayor Presler
Vice Mayor Barotz
Councilmember Babbott
Councilmember Brewster, Excused, arriving late
Councilmember Evans, Excused
Councilmember Overton
Councilmember White, Excused
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Also present were:
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Kevin Burke, City Manager
Rosemary Rosales, City Attorney
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2. PUBLIC
PARTICIPATION
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None.
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3. BOARD AND COMMISSION APPOINTMENTS
No items were submitted.
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4. LIQUOR LICENSE PUBLIC HEARINGS
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A.
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Consideration/Recommendation
on Liquor License Application: Susanne One Love, Cosmic
Distributing, Inc., 2323 E. Greenlaw Lane #4, Series 04, New License.
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RECOMMENDED ACTION:
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Open the public hearing.
Receive citizen input.
Close the public hearing.
The City Council has the option to:
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(1)
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Forward the application to the State with a recommendation for
approval;
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(2)
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Forward the application to the State with no recommendation; or
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(3)
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Forward the application to the State with a recommendation for denial
based on the testimony received at the public hearing and/or other factors.
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Councilmember Overton moved to open the public hearing. The motion was
seconded by Councilmember Babbott and passed on unanimous vote.
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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.
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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.
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Councilmember Brewster arrived at the meeting at 12:10 p.m.
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Councilmember Babbott moved to close the public hearing, with second
from Councilmember Overton. The motion passed unanimously.
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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.
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B.
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Consideration/Recommendation on Liquor License Application:
Randy Nations, “Outback Steakhouse #0317”,
2600 E. Lucky Lane, Series 12, New License.
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RECOMMENDED ACTION:
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Open the public hearing.
Receive citizen input.
Close the public hearing.
The City Council has the option to:
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(1)
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Forward the application to the State with a recommendation for
approval;
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(2)
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Forward the application to the State with no recommendation; or
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(3)
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Forward the application to the State with a recommendation for denial
based on the testimony received at the public hearing and/or other factors.
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Councilmember Overton moved to open the public hearing. The motion
was seconded by Councilmember Babbott and passed on unanimous vote.
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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.
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Danny Thomas, appearing for applicant, Randy Nations, was available to
answer questions.
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Councilmember Overton moved to close the public hearing, with second
from Councilmember Babbott. The motion passed unanimously.
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Councilmember Babbitt moved to forward the application to the State
with a recommendation for approval. Councilmember Overton seconded the
motion. The motion passed unanimously.
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5. CONSENT ITEMS
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A.
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Consideration and Award of Bid: Curbside containers for the City’s glass recycling program.
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RECOMMENDED ACTION:
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Approve the proposal from Toter, Inc., in the amount of $116,850.00,
plus taxes and shipping.
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B.
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Consideration and Approval of Amendment No. 2 to Service Agreement: Arts, culture, and science funding.
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RECOMMENDED ACTION:
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Approve Amendment No. 2 for a one-year extension with Flagstaff
Cultural Partners.
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C.
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Consideration and Approval of Lease Agreements: Flagstaff Pulliam Airport car rental
concessions.
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RECOMMENDED ACTION:
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(1)
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Approve the lease agreements
with:
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a.
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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;
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b.
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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;
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c.
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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
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d.
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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
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(2)
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Authorize the City Manager to
execute the necessary documents.
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Councilmember Overton moved to
approve the Consent Agenda. The motion was seconded by Councilmember
Brewster and passed on unanimous vote.
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6. ROUTINE ITEMS
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A.
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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).
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RECOMMENDED ACTION:
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Read Resolution No. 2011-01 by title only.
Adopt Resolution No. 2011-01.
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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:
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Resolution No. 2011-01
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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).
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Councilmember Brewster moved to adopt Resolution No. 2011-01, with
second from Councilmember Babbott.
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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.
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The motion passed on unanimous vote.
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7. RECESS
The meeting was recessed at 12:25 p.m.
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5:30 P.M. MEETING
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RECONVENE REGULAR MEETING
The meeting reconvened at 5:30 p.m. and Mayor Presler called the
meeting back to order.
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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.
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Anthony Shepherd sang “Lift Every Voice” in honor of Dr. Martin Luther
King.
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9. ROLL CALL
On roll call the following were present:
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Mayor Presler
Vice Mayor Barotz
Councilmember Babbott
Councilmember Brewster
Councilmember Evans, Excused
Councilmember Overton
Councilmember White
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Also present were:
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Kevin Burke, City Manager
Rosemary Rosales, City Attorney
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10. APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
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11. PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING
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BOARD AND COMMISSION MEMBERS
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Jeff Oravits commented on fiscal irresponsibility related to snow
removal in his cul-de-sac.
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12. CARRY OVER ITEMS FROM THE 12:00 NOON AGENDA
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None.
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13. PUBLIC HEARING ITEMS
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A.
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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.
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RECOMMENDED ACTION:
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Open the public hearing.
Receive citizen input.
Close the public hearing.
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Councilmember White moved to open the public hearing. The motion was
seconded by Councilmember Overton and passed on unanimous vote.
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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.
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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.
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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.
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Councilmember Overton moved to close the public hearing. The motion
was seconded by Councilmember White and passed unanimously.
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B.
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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.
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RECOMMENDED ACTION:
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Read Resolution No. 2011-02 by title only.
Adopt Resolution No. 2011-02.
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Councilmember Overton moved to read Resolution No. 2011-02 by title
only, with second from Councilmember Brewster.
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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.
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The motion passed on unanimous vote, and title was read as follows:
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Resolution No. 2011-02
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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.
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Councilmember White moved to adopt Resolution No. 2011-12. The motion
was seconded by Councilmember Overton and passed on unanimous vote.
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C.
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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.
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RECOMMENDED ACTION:
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Open the public hearing.
Receive citizen input.
Close the public hearing.
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Councilmember Babbott moved to open the public hearing, with second
from Councilmember Overton. The motion passed unanimously.
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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.
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D.
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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.
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RECOMMENDED ACTION:
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Read Ordinance No. 2011-01 for the first time by title only.
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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:
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Ordinance No. 2011-01
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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.
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14. REGULAR AGENDA
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A.
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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”.
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RECOMMENDED ACTION:
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Approve the amendments listed on the staff summary attachment.
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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.
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Councilmember Brewster moved to approve the recommended action. The
motion was seconded by Councilmember White.
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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.
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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.
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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.
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The motion passed on unanimous vote.
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15. DISCUSSION ITEMS
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A.
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Consideration/Discussion: Game and Fish shooting range near Walnut Canyon.
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RECOMMENDED ACTION:
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Receive presentaton from Game and Fish and determine any course of
action.
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Jay Cook, Tony Sola, Ty Gray, Fred Bloom and Anthony Chavez, Arizona
Fish and Game, were present and available to participate in the discussion.
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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.
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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.
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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.
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Copies of the presentation will be supplied to Council.
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Councilmember Babbott was excused from the meeting at 7:39 p.m.
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Mayor Presler called for a brief recess at 7:45 p.m. and excused
herself from the meeting.
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Vice Mayor Barotz reconvened the meeting at 7:50PM.
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Those speaking in favor of the Foster Ranch shooting range were:
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Roddy Lara
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Mike Golightly
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Robert Woodhouse
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Sergeant Steve Shroufe
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Gabor Kovacs
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Tom Mackin
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Ronald Talbott
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Peter Wainwright
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Tom Britt
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Noble Hathaway
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Steve Rosenstock
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Bill McLean
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Dick Hingson
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John Martin
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Joy Staveley
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Callen Woodhouse
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Jill Farrell
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Leslie Pickford
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Those speaking against the Foster Ranch shooting range were:
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Kevin Dahl
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Don Keller
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David Nimkin
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Lisa Leap
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Charles Schelz
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Cynthia Parker
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Paul Whitefield
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Jim McCarthy
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Alicyn Gitlin
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John Viktora
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Terry Mongart
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Eric Souders
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Cheryl Bader
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Marilyn Weissman
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Karen Goodwin
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Deborah James
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Tish Bogan-Ozmun
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Dennis Jones
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Steve McKeller
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Betsy McKeller
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Dick Kingston
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Don Sharlow
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Council consensus was to place this item on a future agenda for
Council discussion only.
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B.
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Consideration/Discussion: Councilmember Lobbying Trip to Washington, D.C.
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RECOMMENDED ACTION:
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None.
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There was no objection to Councilmember Overton attending meetings in
Washington, D.C. by himself when the Mayor has conflicting engagements.
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16. PUBLIC PARTICIPATION
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None.
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17. INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF,
REQUESTS
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FOR FUTURE AGENDA ITEMS
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There was a request to discuss the gridlock on Highway180.
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