CITY COUNCIL REGULAR MEETING AGENDA
| REGULAR COUNCIL MEETING MONDAY JULY 3, 2023 |
COUNCIL CHAMBERS 211 WEST ASPEN AVENUE 3:00 P.M. |
All City Council Meetings are live streamed on the city's website (https://www.flagstaff.az.gov/1461/Streaming-City-Council-Meetings)
***PUBLIC COMMENT***
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VIRTUAL PUBLIC COMMENT WAITING ROOM
Written comments may be submitted to publiccomment@flagstaffaz.gov. All comments submitted via email will be considered written comments and will be documented into the record as such.
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 discussion and consultation 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).
2.
ROLL CALL
| NOTE: One or more Councilmembers may be in attendance through other technological means. |
| MAYOR DAGGETT VICE MAYOR ASLAN COUNCILMEMBER HARRIS COUNCILMEMBER HOUSE |
COUNCILMEMBER MATTHEWS COUNCILMEMBER MCCARTHY COUNCILMEMBER SWEET |
3.
PLEDGE OF ALLEGIANCE, MISSION STATEMENT, AND LAND ACKNOWLEDGEMENT
MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
LAND ACKNOWLEDGEMENT
The Flagstaff City Council humbly acknowledges the ancestral homelands of this area's Indigenous nations and original stewards. These lands, still inhabited by Native descendants, border mountains sacred to Indigenous peoples. We honor them, their legacies, their traditions, and their continued contributions. We celebrate their past, present, and future generations who will forever know this place as home.
4.
PUBLIC PARTICIPATION
Public Participation enables the public to address the Council about an item that is not on the agenda. 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.
Public Participation enables the public to address the Council about an item that is not on the agenda. 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.
5.
PROCLAMATIONS AND RECOGNITIONS
A.
July Work Anniversaries and Retirement
Recognition of employees celebrating work anniversaries and retirement in the month of July
6.
COUNCIL LIAISON REPORTS
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).
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).
A.
Consideration of Appointment: Sustainability Commission.
STAFF RECOMMENDED ACTION:
Make two appointments to terms expiring October 2025.
Make two appointments to terms expiring October 2023.
Make two appointments to terms expiring October 2023.
B.
Consideration of Appointments: Transportation Commission.
STAFF RECOMMENDED ACTION:
Make two appointments to terms expiring July 2026.
Make one appointment to a term for a NAIPTA Representative seat expiring November 2025.
Make one appointment to a term for a NAIPTA Representative seat expiring November 2025.
8.
LIQUOR LICENSE PUBLIC HEARINGS
A.
Consideration and Action on Liquor License Application: Zachariah Adam Miller, "Americana Motor Hotel," 2650 E. Route 66, Series 11 (Hotel/Motel), New License.
STAFF RECOMMENDED ACTION:
Hold 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 a recommendation for denial based on the testimony received at the public hearing and/or other factors.
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 a recommendation for denial based on the testimony received at the public hearing and/or other factors.
B.
Consideration and Action on Liquor License Application: Troy Travis Spray, "Altitudes of Flagstaff," 2 South Beaver Street, Series 12 (restaurant), New License.
STAFF RECOMMENDED ACTION:
Hold 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 a recommendation for denial based on information from staff, the testimony received at the public hearing and/or other factors.
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 a recommendation for denial based on information from staff, the testimony received at the public hearing and/or other factors.
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.
A.
Consideration and Approval of Contract: Contract for Services to Conservation Legacy in a total amount of $149,850 including a Grant Award from Arizona State Parks for the Picture Canyon Restoration and Trail Work
STAFF RECOMMENDED ACTION:
- Approve the Contract for Services to Conservation Legacy in the total amount of $149,850.00 including a Grant Award from Arizona State Parks for Picture Canyon Restoration and Trail Work; and
- Authorize the City Manager to execute the necessary documents.
B.
Consideration and Approval of Contract: Approve a Cooperative Purchase Contract with Courtesy Chevrolet in the amount of $63,300.00, in addition to other fees and taxes, for an Emergency Response Truck.
STAFF RECOMMENDED ACTION:
- Approve a Cooperative Purchase Contract with Courtesy Chevrolet in the amount of $63,300, in addition to other fees and taxes, for a Emergency Response Truck; and
- Authorize the City Manager to execute the necessary documents.
C.
Consideration and Approval of Contract: Construction Manager at Risk Construction Services Agreement with Eagle Mountain Construction, Inc. for the Grandview Utilities and Wedge Clearing portion of the Spruce Wash Flood Mitigation Suite of Projects.
STAFF RECOMMENDED ACTION:
- Approve the Construction Manager at Risk Construction Services Agreement with Eagle Mountain Construction for a Guaranteed Maximum Price (GMP1) in the amount of $2,906,383.00 and a contract duration of 845-calendar days;
- Approve an Owners Contingency of $50,000.00, which is 2% of the Guaranteed Maximum Price; and
- Authorize the City Manager to execute the necessary documents.
D.
Consideration and Approval of Contract: Lumen Utility Relocation for the Rio de Flag Flood Control Project and Addition of City Fiber Conduit
STAFF RECOMMENDED ACTION:
- Approve the Lumen Utility Relocation and City Fiber Addition Proposal and a Not-to-Exceed (NTE) payment authority of $250,000; and
- Authorize the City Manager to execute the necessary documents.
E.
Consideration and Approval of Revised Grant Agreement: Revised Grant agreement between the U.S. Department of Housing and Urban Development and the City of Flagstaff for the Flagstaff Home Energy Retrofit Program for low-income and vulnerable families.
STAFF RECOMMENDED ACTION:
Approve the revised U.S. Department of Housing and Urban Development grant for FY2022 Economic Development Initiative, Community Project Funding Grant (B-22-CP-AZ-0018), in the amount of $750,000 for the Flagstaff Home Energy Retrofit Program for low-income and vulnerable families.
F.
Consideration and Approval of Grant Agreement: Approve Grant Agreement with the U.S. Department of Justice, through the Arizona Criminal Justice Commission, for the Edward Byrne Justice Assistance Grant funds in the amount of $219,363.82 for the Northern Arizona Street Crimes Task Force (METRO unit).
STAFF RECOMMENDED ACTION:
Approve the acceptance of the grant from the U.S. Department of Justice, through the Arizona Criminal Justice Commission, Edward Byrne Justice Assistance Grant funds in the amount of $219,363.82 for FY2023-2024.
G.
Consideration and Approval of Contract: Approve the Cooperative Purchase Contract with Courtesy Chevrolet in the amount of $183,380.00, plus additional fees and costs to purchase three 2024 Chevrolet pickup trucks for the Streets Section
STAFF RECOMMENDED ACTION:
- Approve the Cooperative Purchase Contract with Courtesy Chevrolet in the amount of $183,380.00, plus additional fees and costs to purchase three 2024 Chevrolet pickup trucks for the Streets Section; and
- Authorize the City Manager to execute the necessary documents.
H.
Consideration and Approval of Contract: Cooperative Purchase Contract with Brightly Software, Inc. in the amount of $308,022.53, plus additional fees and taxes, for Facilities Maintenance Software
STAFF RECOMMENDED ACTION:
- Approve the Cooperative Purchase Contract with Brightly Software, Inc. in the amount of $308,022.53, plus additional fees and taxes, for Facilities Maintenance Software; and
- Authorize the City Manager to execute the necessary documents.
I.
Consideration and Approval of Contract Amendment: Purchase Contract for property acquisition services with TB Real Property Consultants, LLC in the amount of $100,000.00 for property acquisitions necessary for the Milton Road and University Avenue Right of Way Capital Project.
STAFF RECOMMENDED ACTION:
- Approve an amendment to the contract for property acquisition services with TB Real Property Consultants, LLC, to increase the scope of work and contract amount to an amount not to exceed $100,000.00 for property acquisitions necessary for the Milton Road and University Avenue Right of Way Capital Project; and
- Authorize the City Manager to execute the necessary documents.
J.
Consideration and Approval of Grant Agreement: Arizona 911 Grant Agreement between Arizona Department of Administration Office of Grants and Federal Resources and the City of Flagstaff Acting as System Administrator for Coconino County in the amount of $943,515.00.
STAFF RECOMMENDED ACTION:
Approve the grant agreement from the Arizona Department of Administration Office of Grants and Federal Resources in the amount of $943,515.00 for the 911 budget for Coconino County.
K.
Consideration and Approval of Contract: Approve the Cooperative Purchase Contract with AT&T Corp. in the amount of $2,340,156.05 to transition to the Next Gen 9-1-1 Call System and Equipment.
STAFF RECOMMENDED ACTION:
- Approve the Cooperative Purchase Contract with AT&T Corp. in the amount of $2,340,156.05 to transition to the Next Gen 9-1-1 Call System and Equipment; and
- Authorize the City Manager to execute the necessary documents.
L.
Consideration and Approval of Lease Renewal Amendments: Lease No: GS-09P-LAZ94446 for Building 3 and GS-09P-LAZ03408 for Buildings 4 and 5 of the United States Geological Survey (USGS) facility located at 2255 North Gemini Drive.
STAFF RECOMMENDED ACTION:
- Approve the lease renewal amendments to extend the term of the leases from 12/31/2023 to 12/31/2028 with an option to extend for an additional 5 year term until 12/31/2033.
- Authorize the City Manager to execute the necessary documents.
M.
Consideration and Approval of Contract: Approve a Cooperative Purchase Contract with Goodmans Interior Structures in the amount of $146,397.72, in addition to taxes and other charges, for the purchase and installation of new cubicles and office furniture for the Community Development and City Engineering Divisions.
STAFF RECOMMENDED ACTION:
- Approve a Cooperative Purchase Contract with Goodmans Interior Structures in the amount of $146,397.72, in addition to taxes and other charges, for the purchase and installation of new cubicles and office furniture; and
- Authorize the City Manager to execute the necessary documents.
10.
ROUTINE ITEMS
A.
Consideration and Adoption of Ordinance No. 2023-15: An ordinance levying upon the assessed valuation of the property within the City of Flagstaff, Arizona, subject to taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the Annual Budget, less the amount estimated to be received from other sources of revenue; providing funds for various bond redemptions, for the purpose of paying interest upon bonded indebtedness and providing funds for general municipal expenses, all for the Fiscal Year ending the 30th day of June 2024.
(Primary and secondary property tax levies for FY 2023-2024)
STAFF RECOMMENDED ACTION:
1) Read Ordinance No. 2023-15 by title only for the final time
2) City Clerk reads Ordinance No. 2023-15 by title only (if approved above)
3) Adopt Ordinance No. 2023-15
2) City Clerk reads Ordinance No. 2023-15 by title only (if approved above)
3) Adopt Ordinance No. 2023-15
B.
Consideration and Adoption of Ordinance No. 2023-20: An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 1.17 acres of real property located at 1899 S Woodlands Village Boulevard from the Light Industrial Open (LI-O) zone with the Resource Protection Overlay (RPO) to the Highway Commercial (HC) zone with the Resource Protection Overlay (RPO), providing for severability, authority for clerical corrections, and establishing an effective date.
STAFF RECOMMENDED ACTION:
1) Read Ordinance No. 2023-20 by title only for the final time
2) City Clerk reads Ordinance No. 2023-20 by title only (if approved above)
3) Adopt Ordinance 2023-20.
2) City Clerk reads Ordinance No. 2023-20 by title only (if approved above)
3) Adopt Ordinance 2023-20.
C.
Consideration and Adoption of Resolution No. 2023-38 and Ordinance No. 2023-16: A resolution of the Flagstaff City Council declaring as a public record that certain document filed with the City Clerk and entitled "2023 Short-Term Rental Code", and an ordinance of the City Council amending the Flagstaff City Code, Title 3 Business Regulations, by adopting by reference that certain document entitled "2023 Short-Term Rental Code".
STAFF RECOMMENDED ACTION:
1) Adopt Resolution No. 2023-38
2) Read Ordinance No. 2023-16 by title only for the final time
3) City Clerk reads Ordinance No. 2023-16 by title only (if approved above)
4) Adopt Ordinance No. 2023-16
2) Read Ordinance No. 2023-16 by title only for the final time
3) City Clerk reads Ordinance No. 2023-16 by title only (if approved above)
4) Adopt Ordinance No. 2023-16
D.
Consideration and Adoption of Ordinance No. 2023-14: An ordinance of the City Council of the City of Flagstaff authorizing the acquisition of real property for the Lone Tree Overpass Project; providing for delegation of authority, subsequent City Council approvals, severability, and establishing an effective date.
STAFF RECOMMENDED ACTION:
1) Read Ordinance No. 2023-14 by title only for the final time
2) City Clerk reads Ordinance No. 2023-14 by title only (if approved above)
3) Adopt Ordinance No. 2023-14
2) City Clerk reads Ordinance No. 2023-14 by title only (if approved above)
3) Adopt Ordinance No. 2023-14
E.
Consideration and Adoption of Ordinance No. 2023-17: An ordinance of the City Council of the City of Flagstaff, abandoning approximately 5,140 square feet of public right-of-way connecting to the north side of West Route 66, providing for sale of such property, delegation of authority, recording, repeal of conflicting ordinances, severability, authority for clerical corrections, and establishing an effective date
STAFF RECOMMENDED ACTION:
1) Read Ordinance No. 2023-17 by title only for the final time
2) City Clerk reads Ordinance No. 2023-17 by title only (if approved above)
3) Adopt Ordinance No. 2023-17
2) City Clerk reads Ordinance No. 2023-17 by title only (if approved above)
3) Adopt Ordinance No. 2023-17
F.
Consideration and Adoption of Ordinance No. 2023-19: An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff City Code, Chapter 1-18, Administrative Departments, to rename the City Clerk Division to the Communication and Civic Engagement Division
STAFF RECOMMENDED ACTION:
1) Read Ordinance No. 2023-19 by title only for the final time
2) City Clerk reads Ordinance No. 2023-19 by title only (if approved above)
3) Adopt Ordinance No. 2023-19
2) City Clerk reads Ordinance No. 2023-19 by title only (if approved above)
3) Adopt Ordinance No. 2023-19
G.
Consideration and Adoption of Ordinance No. 2023-18: An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff City Code, Title 1 Administrative, Chapter 1-16, City Elections, to provide for the manner of conducting elections for initiative and referendum measures, providing for severability, authority for clerical corrections, and establishing an effective date
STAFF RECOMMENDED ACTION:
1) Read Ordinance No. 2023-18 by title only for the final time
2) City Clerk reads Ordinance No. 2023-18 by title only (if approved above)
3) Adopt Ordinance No. 2023-18
2) City Clerk reads Ordinance No. 2023-18 by title only (if approved above)
3) Adopt Ordinance No. 2023-18
H.
Consideration and Approval of Contract: Professional Services Contract with Shephard Wesnitzer, Inc, an Ardurra Company, in the amount of $499,520.00 for inspection services of the Inner Basin Waterline Restoration Project.
STAFF RECOMMENDED ACTION:
- Approve the Professional Services Contract for inspection services with Shephard Wesnitzer Inc., (SWI) an Ardurra Company, in the amount of $499,520.00 and a contract duration of 516 calendar days;
- Approve Change Order Authority to the City Manager in the amount of $49,952.00 which is 10% of the contract amount; and
- Authorize the City Manager to execute the necessary documents.
I.
Consideration and Approval of Contract: A Professional Services Contract with DOWL, LLC in an amount not to exceed $523,993.00 for a Land Availability and Suitability Analysis and a Development Code and Process Analysis
STAFF RECOMMENDED ACTION:
- Award a Professional Services Contract with DOWL, LLC, in an amount not to exceed $523,993.00 for a Land Availability and Suitability Analysis and a Development Code and Process Analysis; and
- Authorize the City Manager to execute the necessary documents.
11.
REGULAR AGENDA
A.
Consideration and Adoption of Resolution No. 2023-40: A resolution of the Flagstaff City Council, designating its Chief Fiscal Officer for officially submitting the fiscal year 2023-2024 expenditure limitation report to the Arizona Auditor General, and establishing an effective date.
STAFF RECOMMENDED ACTION:
1) Read Resolution No. 2023-40 by title only
2) City Clerk reads Resolution No. 2023-40 by title only (if approved above)
3) Adopt Resolution No. 2023-40
2) City Clerk reads Resolution No. 2023-40 by title only (if approved above)
3) Adopt Resolution No. 2023-40
B.
Consideration and Adoption of Resolution No. 2023-27: A resolution approving the designation of an applicant agent and authorizing the agent to apply for and sign on behalf of the City of Flagstaff for the receipt of funds from the Arizona Department of Emergency Management and Military Affairs Assistance Programs.
STAFF RECOMMENDED ACTION:
1) Read Resolution No. 2023-27 by title only
2) City Clerk reads Resolution No. 2023-27 by title only (if approved above)
3) Adopt Resolution No. 2023-27
2) City Clerk reads Resolution No. 2023-27 by title only (if approved above)
3) Adopt Resolution No. 2023-27
C.
Consideration and Adoption of Resolution No. 2023-42: A resolution of the City Council of the City of Flagstaff, Arizona amending the Procurement Code Manual, Articles 1 through 7, and establishing an effective date.
STAFF RECOMMENDED ACTION:
- Read Resolution No. 2023-42 by title only
- City Clerk reads Resolution No. 2023-42 by title only (if approved above)
- Adopt Resolution No. 2023-42
D.
Consideration and Adoption of Resolution No. 2023-41: A resolution of the Flagstaff City Council adopting amendments to the Active Transportation Master Plan
STAFF RECOMMENDED ACTION:
1) Read Resolution No. 2023-41 by title only
2) City Clerk reads Resolution No. 2023-41 by title only (if approved above)
3) Adopt Resolution No. 2023-41
2) City Clerk reads Resolution No. 2023-41 by title only (if approved above)
3) Adopt Resolution No. 2023-41
E.
Citizen Petition: Consideration of Prior Council Action:
Consideration and Approval of Contract: Approve a Cooperative Purchase Contract with General Acrylics, Inc., in the total amount of $920,642.42 to design and build eight pickleball courts and overlay existing tennis and basketball courts at Bushmaster Park.
STAFF RECOMMENDED ACTION:
Should the Council wish to consider this prior action, a motion to consider the prior action of Council regarding the Cooperative Purchase Contract with General Acrylics, Inc., in the total amount of $920,642.42 to design and build eight pickleball courts and overlay existing tennis and basketball courts at Bushmaster Park would be required to be made.
i.
Consideration and Approval of Contract (Contingent Upon Approval of Previous Item): Approve a Cooperative Purchase Contract with General Acrylics, Inc., in the total amount of $920,642.42 to design and build eight pickleball courts and overlay existing tennis and basketball courts at Bushmaster Park.
STAFF RECOMMENDED ACTION:
- Consider and approve a Cooperative Purchase Contract with General Acrylics, Inc., in the total amount of $920,642.42 to design and build eight pickleball courts and overlay existing tennis and basketball courts at Bushmaster Park; and
- Authorize the City Manager to execute the necessary documents.
- Provide further staff direction, if desired.
F.
Consideration of Citizen Petition:A Citizens' Petition titled Reconsideration of Pickleball Courts at Thorpe Park Annex
STAFF RECOMMENDED ACTION:
Council direction.
12.
DISCUSSION ITEMS
A.
City Council discussion regarding the City of Flagstaff's Tobacco 21 Ordinance.
STAFF RECOMMENDED ACTION:
Discussion
13.
FUTURE AGENDA ITEM REQUESTS
After discussion and upon agreement by three members of the Council, an item will be moved to a regularly-scheduled Council meeting.
After discussion and upon agreement by three members of the Council, an item will be moved to a regularly-scheduled Council meeting.
A.
Future Agenda Item Request (F.A.I.R.):A request by Vice Mayor Aslan to place on a future agenda a discussion about a pond next to Ponderosa Trails neighborhood between Pulliam and I-17.
STAFF RECOMMENDED ACTION:
Council direction.
B.
Future Agenda Item Request (F.A.I.R.):A request by Councilmember House to place on a future agenda a discussion about designating Juneteenth as an official holiday for the City of Flagstaff
STAFF RECOMMENDED ACTION:
Council direction.
14.
PUBLIC PARTICIPATION
15.
INFORMATIONAL ITEMS TO/FROM MAYOR, COUNCIL, AND STAFF, AND FUTURE AGENDA ITEM REQUESTS
16.
ADJOURNMENT
| CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted at Flagstaff City Hall on , at a.m./p.m. in accordance with the statement filed by the City Council with the City Clerk. Dated this day of , 2023. __________________________________________ Stacy Saltzburg, MMC, City Clerk |