REGULAR COUNCIL MEETING 4:00 P.M. MEETING |
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1. |
CALL TO ORDER
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. 38-431.03(A)(3).
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2. | ROLL CALL
Others present: City Manager Kevin Burke; City Attorney Michelle D'Andrea |
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3. |
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
The City Council and audience recited the Pledge of Allegiance and Mayor Nabours read the Mission Statement of the City. MISSION STATEMENT The mission of the City of Flagstaff is to protect and enhance the quality of life of its citizens. |
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4. | APPROVAL OF MINUTES FROM PREVIOUS MEETINGS | ||||||||
A. | Consideration and Approval of Minutes: City Council Special Meeting (Executive Session) of October 28, 2014. | ||||||||
Councilmember Overton noted that he was present at the October 28, 2014, meeting and asked that the minutes be amended to reflect that. |
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Moved by Councilmember Jeff Oravits, seconded by Vice Mayor Celia Barotz to approve the minutes of the City Council Special Meeting (Executive Session) of October 28, 2014, as amended. | |||||||||
Vote: 6 - 0 Passed - Unanimously | |||||||||
5. | PUBLIC PARTICIPATION Public Participation enables the public to address the Council about an item that is not on the agenda (or is listed under Possible Future Agenda Items). Comments relating to items that are on the agenda will be taken at the time that the item is discussed. If you wish to address the Council at tonight's meeting, please complete a comment card and submit it to the recording clerk as soon as possible. Your name will be called when it is your turn to speak. You may address the Council up to three times throughout the meeting, including comments made during Public Participation. Please limit your remarks to three minutes per item to allow everyone an opportunity to speak. At the discretion of the Chair, ten or more persons present at the meeting and wishing to speak may appoint a representative who may have no more than fifteen minutes to speak. None |
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6. |
PROCLAMATIONS AND RECOGNITIONS |
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7. | APPOINTMENTS Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1). None |
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8. | LIQUOR LICENSE PUBLIC HEARINGS | ||||||||
A. | Consideration and Action on Liquor License Application: Andrea Lewkowitz, "Smashburger", 1020 S. Milton Rd. Ste #102., Series 12 (restaurant), New License. | ||||||||
Mayor Nabours opened the Public Hearing. There being no public input, Mayor Nabours closed the Public Hearing. |
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Moved by Councilmember Scott Overton, seconded by Vice Mayor Celia Barotz to forward the application to the State with a recommendation for approval. | |||||||||
Vote: 6 - 0 Passed - Unanimously | |||||||||
9. |
CONSENT ITEMS
All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items. None |
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10. | ROUTINE ITEMS | ||||||||||
A. | Consideration and Adoption of Ordinance No. 2014-28: An ordinance of the Mayor and Council amending Title II, Boards and Commissions, of the Flagstaff City Code by amending various boards and commissions of the City to provide for consistency in the number of members and their terms. | ||||||||||
City Clerk Elizabeth Burke briefly reviewed the ordinance, noting that it reflected the changes requested by the Council at previous meetings. |
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Moved by Mayor Jerry Nabours, seconded by Councilmember Scott Overton to read Ordinance No. 2014-28 by title only for the first time. | |||||||||||
Vote: 6 - 0 Passed - Unanimously | |||||||||||
AN ORDINANCE OF THE FLAGSTAFF MAYOR AND COUNCIL AMENDING TITLE II, BOARDS AND COMMISSIONS, OF THE FLAGSTAFF CITY CODE BY AMENDING VARIOUS BOARDS AND COMMISSIONS OF THE CITY TO PROVIDE FOR CONSISTENCY IN THE NUMBER OF MEMBERS AND THEIR TERMS | |||||||||||
B. | Presentation of City Manager Awards | ||||||||||
City Manager Kevin Burke presented the annual City Manager’s Awards as follows: Fremont Award Teamwork: Captain Steve Winicki, Fire Department Accountability: Pat Bourque, Public Works Communication: Angel Baca Quality: Police Officer Joseph Candeleria Leadership: Rick Barrett, Engineering Agassiz Award Teamwork: Tim Harrington, Utilities IT Accountability: Rick Tadder, Finance Communication: (Group) CVB Quality: Jen Brown, Police Leadership, Jerry Bills, Fire Department Humphrey Award Marcia Neal Mr. Burke thanked everyone for coming and noted there would be a reception in the lobby, with the rest of the meeting continuing at 6:00 p.m. |
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RECESS
The 4:00 p.m. portion of the November 3, 2014, meeting recessed at 4:47 p.m. 6:00 P.M. MEETING
RECONVENE
Mayor Nabours reconvened the meeting of November 3, 2014, at 6:00 p.m. |
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NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).
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11. | ROLL CALL
Others present: City Manager Kevin Burke; City Attorney Michelle D'Andrea |
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12. | PUBLIC PARTICIPATION | ||||||||||
Terry O’Neill, Flagstaff, said that he was present at the 4:00 p.m. portion of the meeting and was glad to see Ms. Neal receive the Humpheys Award as she was very deserving. John Viktora, Flagstaff, said that the County, City and School District were all asking for more money from citizens and the Council should support an increase in the minimum wage. He said that a majority of cities with increased minimum wages have seen increases in employment. |
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13. | CARRY OVER ITEMS FROM THE 4:00 P.M. AGENDA |
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14. | PUBLIC HEARING ITEMS | ||||||||||
A. | Public Hearing, Consideration and Adoption of Ordinance No. 2014-30: An ordinance of the City Council of the City of Flagstaff, Arizona, extending and increasing the corporate limits of the City of Flagstaff, Coconino County, State of Arizona, pursuant to the provisions of Title 9, Chapter 4, Arizona Revised Statues, by annexing certain land totaling approximately 3.14 acres located at 2701 S. Woody Mountain Road, which land is contiguous to the existing corporate limits of the City of Flagstaff and establishing city zoning for said land as RR, Rural Residential. (Annexation of property for Aspen Heights located on Woody Mountain Road) | ||||||||||
Mayor Nabours said that this was a continuation of the Public Hearing from October 21, 2014. He said that they would have updates from staff and the applicant, and then public comment. Tiffany Antol, Planning Manager, reviewed the few updates received since the last hearing:
Ms. Antol said that staff heard some of the concerns as well with the project so they drafted some potential conditions of approval which were forwarded to the developers to help in any deliberations.
The following comments were made:
A break was taken from 7:30 p.m. to 7:46 p.m. at which time public comment continued from the following: |
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Captain William Doster of the US Department of Navy, addressed the Council noting that his father was a long-time member of the Buckeye Council. He said that he did not believe that it was well known exactly what goes on at the Observatory. He said that there are a few very sensitive missions that are not done anywhere else in the country. He said that the Department of Navy is in opposition to the development; they cannot and will not accept any negative lighting while it is yet to be defined. He said that that lighting plan on the website wasn’t sufficient to analyze. He said that the 305,000 lumens would have a significant impact. He said that he would propose that they leverage the Department of Navy’s Master Plan, and would be happy to partner with the City to address this difficult and complex issue.
Comments included:
Additionally, written comment cards in opposition to the development were received from:
Mayor Nabours closed the Public Hearing at this time. |
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Mr. Vatterrott said that college is a balancing act of books, grades, part-time jobs, student loans, etc. It does include an aspect of enjoyment with peers, but the Grove is very atypical and is not the type of community they have. With regard to bike safety, they were concerned as well and would like to speak to City staff further on where they see the connectivity. The plan is not to create a bike experience along Route 66. With regard to the dormitory style buildings, this development is restricted to one student per bedroom Mr. Vatterott said that there were some issues with their developments in Missouri, South Carolina and Georgia with building codes. They have since gone back in to cure those problems with added insulation above and beyond the codes. He added that some of these units will be ADA units as required by law. He said that the Grove is surrounded by bars. This development does have a retail component up to 20,000 sq. ft., but if the community wants a restriction on that to not allow bars, they would be happy to give that restriction. He said that ADOT would have to look at the two lane versus four lane traffic issue. With regard to lighting, they need to cultivate some discussion with the Naval Observatory, but their inability to talk to them makes it difficult to show the sincere progress that they have made. He said that they were happy to get to less than rural residential lighting requirements and throwing in motion detectors, and they could look at a weekend shuttle if necessary. He would hope that the Council would see the efforts of Aspen Heights and be open to other things, perhaps create some focus group meetings. Mr. Vatterott replied to the comments regarding Harrisonburg and asked if anyone called Rockingham County and their supervisors to find out what has happened in the last 14 months. He said that they had a difficult open, and had the wrong property manager which they no longer have. He said that Aspen Heights owns that mistake. They were not ready when they opened up, but they are now getting ready for Phase II in the same community. He continued with information on some of their other communities. Stewart Watkins, Director of Public Relations, said that from the property management aspect, they have to have a robust plan—something they take serious. It takes months to put together and every plan is different. They have to be unique, through complete collaboration with local law enforcement, the university, city leaders, etc. They hosted community forums and brought in representatives from neighborhoods to talk about the issues. Mr. Watkins continued that the method they use for managing guests is different at the various locations. At several they have initiated a limit of guests. They monitor that by having control when they enter a gate. Brief discussion was held on the Code of Conduct through NAU. Vice Mayor Evans said that it was her understanding that the Student Code of Conduct cannot be extended off campus. Ms. Kjellgren said that the most it can be is communication and clear channels so management at Aspen Heights can understand the trends NAU is seeing. It is not an established channel, but hopefully their discussions would lead to that. She added that according to her reading of it, the President of the University could adopt policies to make it apply off campus, but she did not know if NAU would choose to do that. Vice Mayor Evans said that two weeks ago Mr. Vanderott said that this development was not going to be a gated facility. Mr. Vanderott said that the reason there may be some confusion is that it is something they look at with each development and try to reflect what the community wants. Their prior understanding was the Flagstaff does not like gates. He said that it would be fenced. Mr. Watkins said that their Ft. Collins property is not gated and their team is able to manage the property. He said that at that facility they have implemented a wrist band and each resident gets two guest passes. Ms. Kjellgren noted that Route 66 is an ADOT-controlled road. The City does not fund it and cannot make improvements to it. There is an urban trail section that will hook up with Kiltie in the future, but at this point the urban trail segments are not improved. She asked why the Naval Observatory has not acquired the land within a certain radius of their property if it is deemed to be critical. They have not looked at that issue and had not made any effort to acquire the property or provide for conservation easements. She said that given the budget for the Department of Defense, purchase of that property would be a drop in the bucket. Councilmember Barotz asked staff for further clarification of the FUTS trail. Ms. Antol said that there is a proposed segment of the FUTS trail. They would expect that as the adjacent properties were developed the respective segments of the trail would be developed. Mr. Vanderott said that they would love to continue to have communication with the Observatory but right now they do not have a target to shoot for. If they could possibly table this for two weeks, he thought they could come back with additional questions/answers. Mayor Nabours said that there has been some merit in the comments received tonight and believed it needed to be studied further. Councilmember Overton said that he also had a legal question to be addressed regarding possible wording for conditions of the zoning. Councilmember Woodson asked about the mixed use development. He asked if anything was defined for the corner parcel. Additionally, he asked if there was a way to integrate a way to capture the costs for public safety calls. Ms. Antol said that the mixed use definition comes from the Zoning Code and the standard from the 2001 Regional Plan is different than the new one, but it does not preclude what they are doing. The commercial component is to meet the mixed use. They do not yet know what the use is, but they have agreed to a list of uses. The retail service would be to serve that neighborhood. Councilmember Woodson additionally had questions regarding the Lighting Code and whether there was a curfew for the Zone 1. Councilmember Overton asked if they had ever had an ADOT representative come forward and talk about their TIA (Traffic Impact Analysis). Ms. Antol replied that they have not, but staff could ask them to attend. Councilmember Overton asked what could happen if the City disagreed with their analysis, and asked what their next level of discussion would be. Jeff Bauman, City Traffic Engineer, said that they could request ADOT to come to the next meeting to address the TIA. |
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Mr. Burke noted that there were already 19 items on that agenda and asked if they anticipated further public comment. Mayor Nabours noted that the public comment portion of the Public Hearing was closed; this would be for Council questions to staff or ADOT. |
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B. | Public Hearing, Consideration and Adoption of Ordinance No. 2014-31: An Ordinance amending the Flagstaff Zoning Map designation of approximately 36.94 acres of real property generally located at the intersection of Route 66 and Woody Mountain Road, from Rural Residential ("RR") to Highway Commercial ("HC") for 3.6 acres, and to Medium Density Residential ("MR") for 33.33 acres. (Rezoning of property for Aspen Heights located on Woody Mountain Road) See discussion above |
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15. | REGULAR AGENDA | ||||||||||
A. | Consideration and Approval of Resolution No. 2014-38: A resolution authorizing the execution of a First Amended and Restated Development Agreement between Pinnacle DevCo, Ltd., and the City of Flagstaff related to the development of approximately 18.6 acres of real property generally located at 800 E Sterling Lane. (Pinnacle Pines) | ||||||||||
Planning Manager Brian Kulina reviewed the resolution which authorized the execution of a First Amended and Restated Development Agreement. |
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Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to read Resolution No. 2014-38 by title only. | |||||||||||
Vote: 6 - 0 Passed - Unanimously | |||||||||||
A RESOLUTION AUTHORIZING THE EXECUTION OF A FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN PINNACLE DEVCO, LTD., AND THE CITY OF FLAGSTAFF RELATED TO THE DEVELOPMENT OF APPROXIMATELY 18.6 ACRES OF REAL PROPERTY GENERALLY LOCATED AT 800 EAST STERLING LANE |
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Moved by Mayor Jerry Nabours, seconded by Councilmember Jeff Oravits to adopt Resolution No. 2014-38. | |||||||||||
Vote: 6 - 0 Passed - Unanimously | |||||||||||
B. | Consideration and Approval of a Final Plat and Map of Dedication request by Mogollon Engineering & Surveying, Inc., on behalf of Pinnacle 146 LLC, for the subdivision of approximately 0.63 acres into 8 single-family residential townhouse lots located at 800 E Sterling Lane within the Medium Density Residential (MR) zone and the dedication of right-of-way within a portion of Tract 22 of The Estates at Pine Canyon One. | ||||||||||
Moved by Councilmember Scott Overton, seconded by Mayor Jerry Nabours to approve the final plat and Map of Dedication and authorize the Mayor to sign the final plat, the City/Subdivider Agreement and Map of Dedication when notified by staff that all documents are ready for signature and recordation. | |||||||||||
Vote: 6 - 0 Passed - Unanimously | |||||||||||
C. | Consideration of Cancelling the December 23, 2014, Council Meeting | ||||||||||
Moved by Councilmember Jeff Oravits, seconded by Mayor Jerry Nabours to cancel the December 23, 2014, Council Meeting. | |||||||||||
Vote: 6 - 0 Passed - Unanimously | |||||||||||
16. | DISCUSSION ITEMS None |
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17. | POSSIBLE FUTURE AGENDA ITEMS Verbal comments from the public on any item under this section must be given during Public Participation near the beginning of the meeting. Written comments may be submitted to the City Clerk. After discussion and upon agreement of three members of the Council, an item will be moved to a regularly-scheduled Council meeting. None |
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18. | INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS FOR FUTURE AGENDA ITEMS | ||||||||||
Vice Mayor Evans requested a Possible Future Agenda Item regarding a conversation of the Grove and its management. She also requested information from the Police Chief re the snow plow ordinance and how it would be enforced. Lastly, she asked that a residential parking permit system for the neighborhoods surrounding NAU be discussed. | |||||||||||
19. | ADJOURNMENT The Regular Meeting of the Flagstaff City Council held November 3, 2014, adjourned at 10:10 p.m. |
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CERTIFICATION
I, ELIZABETH A. BURKE, 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 November 3, 2014. I further certifty that the Meeting was duly called and held and that a quorum was present.
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