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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 MEETINGS ARE NOT VERBATIM TRANSCRIPTS.  ONLY THE ACTIONS TAKEN AND DISCUSSION APPEARING WITH QUOTATION MARKS ARE VERBATIM.  AUDIO RECORDINGS OF CITY COUNCIL MEETINGS ARE ON FILE IN THE CITY CLERK’S OFFICE.

 

SUMMARIZED MINUTES

COUNCIL MEETING

 

February 20, 2007

6:00 p.m.

 

A Meeting of the Flagstaff City Council was held on February 20, 2007 convening at 6:12 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 Donaldson.

 

1.      PLEDGE OF ALLEGIANCE

 

Councilmember White asked those present to stand for the Pledge of Allegiance.

 

2.      INVOCATION

 

Councilmember White led a moment of silence.

 

3.      ROLL CALL

 

On roll call, the following were present:

 

 

Mayor Donaldson

 

Vice-Mayor Overton

Councilmember Cooper

Councilmember Haughey

Councilmember Kelty

Councilmember Swanson

Councilmember White

 

 

Also present were:

 

 

Interim City Manager, John Holmes

City Attorney, Patricia Boomsma

 

4.       MINUTES

 

None.

 

5.        PUBLIC PARTICIPATION

 

None.

 

6.       CONSENT – GENERAL

 

A.

Consideration of Sole Source Purchase:  Software bridge module for Firehouse software system.

 

 

RECOMMENDED ACTION:

Approve the purchase from ACS Government Systems in the amount of $15,000.00, plus applicable sales tax.

 

B.

Consideration of Increase in Expenditure Authority:  Document imaging.

 

 

RECOMMENDED ACTION:

Approve an increase in expenditure authority to DocUnited and ICM Imaging in the amount of $830.57 for sign permit related drawings.

 

C.

Consideration of Stipulated Judgment:  City of Flagstaff v. Eagle Crest Enterprises, L.L.C.

 

 

RECOMMENDED ACTION:

Authorize Ayers & Brown, P.C., to submit the Stipulated Judgment settling the condemnation action filed in Coconino County Superior Court for the acquisition of one fee simple interest and two temporary construction easements in the property described in the exhibits to the Stipulated Judgment for the public purpose of reconstructing and improving Fourth Street and relocating the BNSF railroad track.

 

Councilmember Haughey moved to approve the Consent-General Calendar.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

 

7.      CONSENT – CONTRACTUAL

 

A.

Consideration of Bids:  Buffalo Park reclaimed water storage tank repairs, painting, and maintenance.

 

 

RECOMMENDED ACTION:

Reject the only bid received and rebid at a later date.

 

B.

Consideration of Grazing Lease:  Red Gap Ranch.

 

 

RECOMMENDED ACTION:

Approve the lease with Manterola Sheep Company, Inc., in the amount of $.03 per head per day.

 

C.

Consideration of Service Agreement:  Software upgrade services for the Police Department.

 

 

RECOMMENDED ACTION:

Approve the agreement with Intergraph Public Safety for the ILEADS 8.0 upgrade scope of work in the amount of $51,540.00, plus applicable taxes.

 

D.

Consideration of Service Agreement:  Route transfer study.

 

 

RECOMMENDED ACTION:

Approve the agreement with HDR, Inc., in the amount of $99,972.40.

 

Councilmember Haughey moved to approve the Consent-Contractual Calendar with the exception of Item 7B.  The motion was seconded by Vice-Mayor Overton and passed on unanimous vote. 

 

Returning to Item 7B, Councilmember White moved to approve the recommended action, seconded by Councilmember Haughey.

 

Rob Doba, Utilities Director, stated the proposed lease is with Manterola Sheep Company, Inc. for a five-year period.  If the lease is approved, staff will apply to the State Land Department for 15,000 acres of State owned land in Red Gap Ranch, that would then be subleased to the Manterola Sheep Company, Inc.  The lease would not preclude the City from moving forward with a solar project on the property.

 

The vote was unanimous in favor.

 

8.      BOARDS AND COMMISSIONS:

 

A.

Consideration of PC SUB 06-019:  A request for tentative plat approval by Thomas and Martha Pahler for the Litzler Multi-Family Subdivision, a planned development containing ten townhouse residential units on an approximately 1.69-acre parcel located at 3300 South Litzler Drive in the RMM-E, Multi-Family Residential District Established.

 

 

RECOMMENDED ACTION:

The Planning and Zoning Commission recommends approving the tentative plat with the conditions outlined in the staff summary and its attachments, and authorizing the Mayor to sign the final plat and City/Subdivider Agreement when notified by the Development Review Board that all conditions have been met and documents are ready for recording.

 

Vice-Mayor Overton moved to approve the recommended action, seconded by Councilmember Haughey.

 

Vince Knaggs, Development Case Manager, stated the proposed development is in conformance with the Land Development Code, and the Engineering, Design and Construction Standards, with the exception of the proposed private streets section.  Because the project was approved by the Development Review Board prior to the adoption of the 2006 standards, it does not conform to the current engineering standards.  Private property fences on the west and south sides of the development will not be impacted by the project.

 

The motion to approve passed on unanimous vote.

 

9.       PUBLIC HEARINGS

 

A.

Consideration of Liquor License Application:  Amanda Wilson, “Pasto”, 19 E. Aspen Avenue, Series 07, Person 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.

 

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

 

Sgt. Dan Musselman, Flagstaff Police Department, presented his findings on the background investigation of the applicant.  No negative record was found and the address has no reported acts of violence.  In addition, Ms. Wilson has attended the mandatory liquor classes, and the Police Department recommended approving the liquor license.

 

The applicant, Amanda Wilson, was present to answer questions, but did not make a presentation on her own behalf.

 

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

 

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

 

B.

Consideration of Public Hearing:  “2007 Draft Amendments to the Land Development Code Regarding the Recommendations of the Community Housing Policy Task Force.”

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

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

 

Roger Eastman, Community Code Administrator, provided additional information on further proposed amendments to the 2007 Draft Amendments to the Land Development Code.  Three sections of the Code would be impacted: 1) Accessory Dwelling Units, 2) Placement of Buildings and Structures (primary and secondary buildings on one lot), and 3) Resource Protection.  The goal of the proposed changes is to bring consistency to the code.

Following a brief discussion regarding restrictive covenants for accessory dwelling units, Councilmember Overton moved to recess into Executive Session for legal advice.  The motion was seconded by Councilmember Kelty and passed on unanimous vote.

 

The Council Meeting resumed at 7:01 P.M.

 

The following individuals expressed concerns with the proposed draft amendments:

 

 

Ron Hohlfeld, Concerned Citizens of Flagstaff

 

Karen Goodwin, Concerned Citizens of Flagstaff

 

Della Hohlfeld, Flagstaff resident

 

Individual concerns included:

 

 

·         

More trees will be lost if the section dealing with affordable housing and forest resources that overlap steep slope resources is incorporated.

 

·         

Current Land Development Code language better protects natural resources in affordable housing developments.

 

·         

Issues regarding incentives tied to the number of affordable units in a development have not yet been clarified, and are left open to interpretation.

 

·         

Many questions have not yet been answered, such as:  (1) Who will ensure compliance of accessory dwelling unit restrictions; (2) how property values will be impacted; and (3) how solar blockage issues will be addressed.

 

There being no further citizen input, Vice-Mayor Overton moved to the public hearing, seconded by Councilmember Kelty.  The vote was unanimous in favor.

 

C.

Consideration of Ordinance No. 2007-20:  An ordinance adopting the “2007 Draft Amendments to the Land Development Code Regarding the Recommendations of the Community Housing Policy Task Force.”

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-20 for the first time by title only.

 

Councilmember Kelty moved to read Ordinance No. 2007-20 for the first time by title only, postponing the second reading until March 20, 2007.  Prior to the second reading, staff will work on the restrictive covenant section relating to accessory dwelling units, defining the true ramifications, and suggest possible alternatives.  The section relating to the allowable space between main dwellings and accessory units, and the number of occupants per accessory dwelling units will also be reworked.  The motion was seconded by Councilmember Cooper.

 

Councilmembers discussed the overall objective of protecting resources, while at the same time providing incentives for affordable housing units.

 

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

 

 

Ordinance No. 2007-20

 

 

 

An ordinance adopting the “2007 Draft Amendments to the Land Development Code Regarding the Recommendations of the Community Housing Policy Task Force.”

 

 

D.

Consideration of Public Hearing (PC REZ 2006-003):  A request to rezone approximately 14.38 acres located at 644 North Locust Street from RR, Rural Residential, to UR, Urban Residential.

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

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

 

Vince Knaggs, Development Case Manager, gave a brief overview of the proposed rezoning, stating the site has low density and urban open space land use designations.  The site has been designed in conformance with the City’s open space plan by providing a continuous FUTS trail through the site, and by providing a tract of land as open space.  Because the project has been in the works for approximately two years, it does not provide an affordable housing element.  However, the developer is committed to work with the Housing Division to investigate land trust program options for this development.  Future projects on McMillan Mesa will provide additional traffic connectivity in the area.

 

Councilmember Swanson requested that the affordable housing piece be in place before considering a rezoning.

 

In response to Councilmembers concerns regarding projects not being on board with affordable housing considerations until too late in the process, Mark Landsiedel, Community Development Director, stated that the Housing Division now has staff in place to address affordable housing elements at the beginning of each proposed development.

 

There being no citizen input, Councilmember Haughey moved to close the public hearing, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

 

10.     ORDINANCES AND RESOLUTIONS

 

A.

Consideration of Ordinance No. 2007-16:  An ordinance of the City Council of the City of Flagstaff, Arizona, designating the Flagstaff Townsite Neighborhood District as a Historic Design Review District, establishing the Townsite Historic Design Review Overlay Zone (“THDRO”) with specific geographical boundaries as delineated on the attached map, and adopting by reference the Flagstaff Townsite Historic District Design Standards and Guidelines (“FTHD Guidelines”).

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-16 for the final time by title only.

Adopt Ordinance No. 2007-16.

 

Councilmember Cooper moved to read Ordinance No. 2007-16 for the final time by title only, seconded by Councilmember Kelty.

 

Karl Eberhard, Historic Preservation Officer, described the public meetings and extensive outreach efforts that the neighborhood grassroots group has undertaken to establish the Townsite Historic Design Review Overlay Zone.

 

Councilmembers in favor of the overlay noted that:  (1) A clear majority of residents are in favor of the historic district; (2) the outreach was thorough and impressive; (3) opponents were given ample opportunity to participate in the process and work out their concerns with staff; (4) multi-family land uses will not be changed by the historic designation; (5) dwellings that are owner occupied are better maintained, and (6) studies have shown that historic overlays raise the value of the area.

 

Councilmembers in opposition to establishing the overlay felt that:  (1) Not all of the guidelines have been delineated; (2) a sunset clause should be considered in order to reevaluate the impact of an overlay; (3) the guidelines need more work to ensure there will not be liabilities to the City or to the citizens; and (4) the Land Development Code currently has the ability to address the design features that are being sought with an overlay.

 

Councilmember White requested that the ordinance be brought back to the Council in six months for an update as to how it is working.

 

The following individuals spoke in opposition to the overlay:

 

 

John Reuger, Flagstaff resident

 

Paul Turner, Flagstaff resident

 

Eric Whiteman, Flagstaff resident

 

William Wilson, Flagstaff resident

 

Those individuals opposed to the overlay gave the following reasons:

 

 

·         

The overlay will take away property owners’ rights without preserving the neighborhood.

 

·         

With more time, a better overlay plan could be developed.

 

·         

Staff has given much more time to the proponents of the overlay, than to the opponents.

 

·         

The City should re-poll the neighborhood, providing clear information that the overlay is a rezoning.

 

·         

There are loopholes in the guidelines, such as the treatment of breezeways between a main structure and an accessory dwelling unit.

 

·         

Neighbors have been misled and the facts have been biased and one sided.

 

·         

People generally understand that a petition simply allows something to be on a ballot, but the overlay signatures are being counted as a vote for the overlay.

 

In favor of the overlay zone were:

 

 

Charlie Silver, Flagstaff resident

 

Duffy Westheimer, Flagstaff resident

 

Rick Moore, Flagstaff resident

 

The following arguments were cited as reasons to approve the overlay:

 

 

·         

Two over-the-garage dwellings were built in this area last summer, changing the character of the neighborhood.

 

·         

Opponents to the overlay did not participate in the two-year process, and just came forward in the last few weeks.

 

·         

Neighbors who signed the petitions were well informed, told exactly what they were signing, and signed because they were in favor of the overlay.

Councilmember Haughey moved to table the item for six months.  The motion died due to lack of a second.

 

Councilmember Kelty requested that the Historic Preservation Commission take an active role in educating the public on the property rights they have under the zoning within the historic district.

 

The motion passed on majority roll call vote as follows:

 

 

Mayor Donaldson

Aye

 

Vice-Mayor Overton

Nay

 

Councilmember Cooper

Aye

 

Councilmember Haughey

Nay

 

Councilmember Kelty

Aye

 

Councilmember Swanson

Aye

 

Councilmember White

Aye

 

Title was read as follows:

 

 

Ordinance No. 2007-16

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, designating the Flagstaff Townsite Neighborhood District as a Historic Design Review District, establishing the Townsite Historic Design Review Overlay Zone (“THDRO”) with specific geographical boundaries as delineated on the attached map, and adopting by reference the Flagstaff Townsite Historic District Design Standards and Guidelines (“FTHD Guidelines”).

 

 

Councilmember White moved to adopt Ordinance No. 2007-16, seconded by Councilmember Cooper.  The motion passed on majority vote with Mayor Donaldson and Councilmembers Cooper, Kelty, Swanson, and White in favor, and Vice-Mayor Overton and Councilmember Haughey opposed.

 

B.

Consideration of Ordinance No. 2007-18:  An ordinance of the Mayor and Council of the City of Flagstaff, Arizona, amending Title 2 of the Flagstaff City Code by adding Chapter 2.21 entitled “Stormwater Advisory Committee”, for the purpose of codifying the Stormwater Advisory Committee, and clarifying its membership and quorum requirements.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-18 for the first time by title only.

 

Prior to the second reading, the City Attorney’s Office will review the provision that the quorum is based on the number of members in office, rather than the total membership, and make any necessary changes.

 

Councilmember White moved to read Ordinance No. 2007-18 for the first time by title only, seconded by Councilmember Kelty.  The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton, and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.

 

Title was read as follows:

 

 

Ordinance No. 2007-18

 

 

 

An ordinance of the Mayor and Council of the City of Flagstaff, Arizona, amending Title 2 of the Flagstaff City Code by adding Chapter 2.21 entitled “Stormwater Advisory Committee”, for the purpose of codifying the Stormwater Advisory Committee, and clarifying its membership and quorum requirements.

 

 

C.

Consideration of Ordinance No. 2007-19:  An ordinance of the City of Flagstaff (“City”) repealing Ordinance No. 1847 pertaining to the assessment and recapture of costs for the water and sewer extensions under recapture districts, and replacing the same with new and more efficient provisions for water and sewer line extensions under reimbursement agreements.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-19 for the final time by title only.

Adopt Ordinance No. 2007-19.

 

Councilmember Cooper moved to read Ordinance No. 2007-19 for the final time by title only, seconded by Councilmember Haughey.

 

Ron Doba, Utilities Director, provided brief comments regarding the need to update the current ordinance pertaining to recapture districts.

 

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

 

 

Ordinance No. 2007-19

 

 

 

An ordinance of the City of Flagstaff (“City”) repealing Ordinance No. 1847 pertaining to the assessment and recapture of costs for the water and sewer extensions under recapture districts, and replacing the same with new and more efficient provisions for water and sewer line extensions under reimbursement agreements.

 

 

Councilmember Haughey moved to adopt Ordinance No. 2007-19, seconded by Councilmember White.  The motion passed on unanimous vote.

 

D.

Consideration of Ordinance No. 2007-21:  An ordinance amending Chapter 2, Section 12 of the Flagstaff City Code for the purpose of changing the membership of the Flagstaff Traffic Commission, establishing advisory committees, and making additional minor changes in the wording of the chapter.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-21 for the first time by title only.

 

Vice-Mayor Overton moved to read Ordinance No. 2007-21 for the first time by title only, seconded by Councilmember Cooper.

 

Rick Barrett, Community Improvements Director, briefly described the proposed changes to the ordinance.

 

The motion passed on majority vote with Mayor Donaldson, Vice-Mayor Overton, and Councilmembers Cooper, Haughey, Kelty and Swanson in favor, and Councilmember White opposed.

 

Title was read as follows:

 

 

Ordinance No. 2007-21

 

 

 

An ordinance amending Chapter 2, Section 12 of the Flagstaff City Code for the purpose of changing the membership of the Flagstaff Traffic Commission, establishing advisory committees, and making additional minor changes in the wording of the chapter.

 

 

11.     OTHER BUSINESS

 

A.

Consideration of Discussion and Possible Direction Regarding Rules of Procedure for the Flagstaff City Council.

 

 

RECOMMENDED ACTION:

Discuss areas of priority for revisions to the Rules of Procedure.

 

In establishing priorities to consider revisions to its Rules of Procedure, the City Council identified the following;  (1) Date and time of meetings; (2) order of the agenda; (3) establishing a two-week break in the summer; (4) televising Monday Work Sessions following a holiday; (5) setting a schedule to hold Council meetings in various neighborhoods; and (6) quasi-judicial hearings.

 

The first three priorities were agreed to be date and meeting times, order of the agenda, and quasi-judicial hearings.

 

B.

Consideration of Council Discussion and Direction Regarding the Development Agreement (Ponderosa Trails) between the City of Flagstaff and WESCAP Investments.

 

 

RECOMMENDED ACTION:

Council to provide direction on next steps.

 

Jeri Dustir, Deputy City Manager, commented that WESCAP would like to modify their development agreement regarding High Country Townhomes.

 

As the Council discussed the request, they observed that:

 

 

·         

The request for proposals went to many bidders, and it would be unfair to those bidders to change the project now.

 

·         

Affordable housing units should not be lumped together, but should be dispersed within mixed-use areas, encompassing a wide range of income levels.

 

·         

Concessions have already been made on this development.

 

·         

The proposal is a good opportunity to build 34 affordable housing units in the City.

 

·         

It may be more advantageous to make the units owner occupied rather than rentals.

 

·         

The options suggested by WESCAP could be evaluated for future projects.

Sarah Darr, Housing Manager, stated that WESCAP proposes to utilize the Low Income Housing Tax Credit Program, a financing mechanism that is restricted to rental housing.

 

The Council agreed not to pursue the item further.

 

12.    INFORMATIONAL ITEMS TO OR FROM MAYOR, COUNCIL OR CITY MANAGER.

 

None.

 

13.    ADJOURNMENT

 

There being no further business to come before the Council, the Meeting was adjourned at 9:54 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 February 20, 2007.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 25th day of July, 2007.

 

 

 

 

                                                                           

CITY CLERK