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Agenda for City Council Meeting - FINAL

CITY COUNCIL REGULAR MEETING AGENDA
 
REGULAR COUNCIL MEETING
TUESDAY

DECEMBER 3, 2024
 
  COUNCIL CHAMBERS
211 WEST ASPEN AVENUE
             3:00 P.M.

 
All City Council Meetings are live streamed on the city's YouTube page
(https://www.youtube.com/@FlagstaffCityGovernment)


***PUBLIC COMMENT***

Verbal public comments not related to items appearing on the posted agenda may be provided during the "Open Call to the Public" at the beginning and end of the meeting and may only be provided in person.

Verbal public comments related to items appearing on the posted agenda may be given in person or online and will be taken at the time the item is discussed.

 To provide online verbal comment on an item that appears on the posted agenda, use the link below.
 

ONLINE VERBAL PUBLIC COMMENT

Written comments may be submitted to publiccomment@flagstaffaz.gov. All comments submitted via email will be considered written comments and will be documented in 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.
OPEN CALL TO THE PUBLIC

Open Call to the Public enables the public to address the Council about an item that is not on the prepared agenda. Comments relating to items that are on the agenda will be taken at the time that the item is discussed. Open Call to the Public appears on the agenda twice, at the beginning and at the end. The total time allotted for the first Open Call to the Public is 30 minutes; any additional comments will be held until the second Open Call to the Public.

If you wish to address the Council in person at today'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 Open Call to the Public and Public Comment. 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.
COUNCIL LIAISON REPORTS
 
6.
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).
 
A.
Consideration of Appointments:  Indigenous Commission
 
 
STAFF RECOMMENDED ACTION:
 
  1. Make one appointment to term expiring in December 2026.
  2. Make two appointments to terms expiring in December 2027.
 
B.
Consideration of Appointments:  Planning and Zoning Commission
 
 
STAFF RECOMMENDED ACTION:
 
  1. Make two appointments for terms expiring December 2027.
 
C.
Consideration of Appointments:  Water Commission
 
 
STAFF RECOMMENDED ACTION:
 
  1. Make one appointment to a term expiring December 2025.
  2. Make one appointment to a term expiring December 2026.
  3. Make two appointments to terms expiring December 2027.
 
D.
Consideration of Appointments:  Tourism Commission.
 
 
STAFF RECOMMENDED ACTION:
 
  1. Make three appointments to terms expiring January 2028. 
 
E.
Consideration of Appointments:  Open Space Commission.
 
 
STAFF RECOMMENDED ACTION:
 
  1.  Make one appointment to a term expiring April 2027.
 
7.
LIQUOR LICENSE PUBLIC HEARINGS

Applications under Liquor License Public Hearings may be considered under one public hearing and may be acted upon by one motion unless otherwise requested by Council.

STAFF RECOMMENDED ACTION:
  1. Open the Public Hearing
  2. Staff Presentation
  3. Council Questions
  4. Public Comment
  5. Close Public Hearing
  6. Council Deliberation and Action

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.
 
A.
Consideration and Action on Liquor License Application:  Arti Patel, "Days Inn", 2735 S Woodlands Village Blvd, Series 11 (Hotel/Motel), New License
 
 
STAFF RECOMMENDED ACTION:
 
  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.
 
8.
CONSENT AGENDA

All matters under Consent Agenda are considered by the City Council to be routine. Unless a member of City Council expresses a desire at the meeting to remove an item from the Consent Agenda for discussion, the Consent Agenda will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items.

STAFF RECOMMENDED ACTION:
Approve the Consent Agenda as posted.
 
A.
Consideration and Ratification: Letter of Support for Arizona Public Service Company's ("APS") SAGUARO Program.
 
 
STAFF RECOMMENDED ACTION:
 

Retroactively approve the letter of support.
 
B.
Consideration and Approval: Letter of Support for the Funding of the Pioneer Museum and Arizona Historical Society FY2026 Budget.
 
 
STAFF RECOMMENDED ACTION:
 

Approve the letter of support. 
 
C.
Consideration and Approval of Contract:  B2B Direct Sales, Inc. dba The HVAC Company and the City of Flagstaff for the purchase of an HVAC unit for the Aquaplex.
 
 
STAFF RECOMMENDED ACTION:
 
  1. Approve the Cooperative Purchase Contract between the B2B Direct Sales, Inc. dba The HVAC Company and the City of Flagstaff to purchase a 35 ton Trane TCD420 air conditioning unit in the amount not exceed $171,988.33; and
  2. Authorize the City Manager to execute the necessary documents.
 
D.
Consideration and Approval of Contract:  Purchase of (75) Police Patrol Rifles and accompanying accessories/equipment from Cats Arms LLC dba Sionics Weapon Systems, in an amount not to exceed $178,999.55, for the Flagstaff Police Department.
 
 
STAFF RECOMMENDED ACTION:
 
  1. Approve the Purchase Contract with Cats Arms LLC dba Sionics Weapon Systems, in an amount not to exceed $178,999.55, for Police Patrol Rifles for the Flagstaff Police Department; and
  2.  Authorize the City Manager to execute all necessary documents.
 
E.
Consideration and Approval of Contract:  Approval the contract amendment to the Professional Services Contract with Terros Health to include Emergency Medical Care Technicians in the operations of the Community Alliance, Response & Engagement (CARE) Unit
 
 
STAFF RECOMMENDED ACTION:
 
  1. Approve the contract amendment to Terros Health for the inclusion of Emergency Medical Care Technicians in the CARE Unit contract.
  2. Authorize the City Manager to execute all necessary documents.
 
F.
Consideration and Approval of Settlement:  City of Flagstaff vs Arizona Materials Properties, LLC et al 
 
 
STAFF RECOMMENDED ACTION:
 
  1. Approve global settlement of the pending condemnation proceeding and claims for relocation benefits under the Uniform Relocation Act related to acquisition of property owned by Arizona Materials Properties, LLC, pursuant to the terms discussed in Executive Session subject to City Attorney approval of final form of document; and
  2. Authorize and direct the City Manager and/or City Attorney to execute all documents and take other actions as are necessary to finalize the global settlement. 
 
G.
Consideration and Approval of Contract:  Ratification of expenditures with Stantec Consulting Services, Inc. for additional services in the amount of $128,134 and approval of the First Amendment for a total contract amount of $340,000.
 
 
STAFF RECOMMENDED ACTION:
 
  1. Approve the First Amendment to the contract with Stantec Consulting Services, Inc. in the amount of $128,134; and
  2. Authorize the City Manager to execute the necessary documents.
 
H.
Consideration and Approval of Contract:  Cooperative Purchase Contract with ExerPlay, Inc. for the Mobile Haven Park and Smokerise Park playground replacement in the amount of $165,603.33
 
 
STAFF RECOMMENDED ACTION:
 
  1. Approve the Cooperative Purchase Contract in the amount of $165,603.33 with ExerPlay, Inc. replacing the aged playgrounds with new playgrounds as a turnkey project through the 1GPA Cooperative Purchasing Agreement #23-07P-04; and 
  2. Authorize the City Manager to execute the necessary documents.
 
I.
Consideration and Approval of Contract:  Fifth Amendment to the Construction Manager at Risk (CMAR) Construction Services Agreement with Eagle Mountain Construction, Inc. for the Spruce Wash Flood Mitigation Suite of Projects to add Guaranteed Maximum Price (GMP) 5.

 
 
STAFF RECOMMENDED ACTION:
 
  1. Approve the Fifth Amendment to the CMAR Construction Services Agreement with Eagle Mountain Construction, Inc. for the Spruce Wash Mitigation Suite of Projects to include GMP 5 in the amount of $7,988,896.61 and adding 0 days to the contract duration; and
  2. Approve an Owner's Contingency of $75,000.00, which is approximately 1% of GMP 5; and
  3. Authorize the City Manager to execute the necessary documents.
 
9.
ROUTINE ITEMS
 
A.
Consideration and Adoption of Resolution No. 2024-45 and Ordinance No. 2024-28:  A Resolution of the City Council of the City of Flagstaff, Coconino County, Arizona, declaring as a public record that certain document filed with the City Clerk entitled "PZ-24-00009 - Subdivision Process" and an Ordinance of the City Council of the City of Flagstaff, Coconino County, Arizona, amending the Flagstaff City Code Title 11, General Plans and Subdivisions.
 
 
STAFF RECOMMENDED ACTION:
 
  1.  Adopt Resolution No. 2024-45
  2. Read Ordinance No. 2024-28 by title only for the final time
  3. City Clerk reads Ordinance No. 2024-28 by title only (if approved above)
  4. Adopt Ordinance No. 2024-28
 
B.
Consideration and Adoption of Ordinance No. 2024-27:  An ordinance of the City Council of the City of Flagstaff, authorizing the exchange of real property of substantially equal value, with property owner Gary S. Christensen M.D.
 
 
STAFF RECOMMENDED ACTION:
 
  1. Read Ordinance No. 2024-27 by title only for the final time
  2. City Clerk reads Ordinance No. 2024-27 by title only (if approved above)
  3. Adopt Ordinance No. 2024-27
 
C.
Consideration and Adoption of Ordinance No. 2024-29:  An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 13.96 acres of real property located at 4631 S Lake Mary Road, from the Estate Residential (ER) zone with a Resource Protection Overlay (RPO) to the High Density Residential (HR) zone with a Resource Protection Overlay (RPO), providing for severability, authority for clerical corrections, and establishing an effective date.
 
 
STAFF RECOMMENDED ACTION:
 
  1. Read Ordinance No. 2024-29 by title only for the final time
  2. City Clerk reads Ordinance No. 2024-29 by title only (if approved above)
  3. Adopt Ordinance No. 2024-29
 
D.
Consideration and Adoption of Resolution No. 2024-46:  Aresolution of the City Council of the City of Flagstaff, Arizona, authorizing the execution of the Lake Mary Housing Development Agreement between the City of Flagstaff and Flagstaff OZ Ventures, LLC. related to the development of approximately 13.96 acres of real property generally located at 4631 South Lake Mary Road and establishing an effective date.
 
 
STAFF RECOMMENDED ACTION:
 
  1. Read Resolution No. 2024-46 by title only
  2. City Clerk reads Resolution No.2024-46 by title only (if approved above)
  3. Adopt Resolution No. 2024-46
 
E.
Consideration and Approval: Change Order 2 with Eagle Mountain Construction for the Beulah/University Realignment Project
 
 
STAFF RECOMMENDED ACTION:
 
  1. Approve Change Order 2 for with Eagle Mountain Construction for $390,173.15 and 20 additional calendar days to the contract period.
  2. Authorize the City Manager to execute the necessary documents.
 
10.
PUBLIC HEARING ITEMS
  1. Open the Public Hearing
  2. Presentations (Staff and/or Applicant)
  3. Council Questions
  4. Public Comment
  5. Close the Public Hearing
  6. Council Deliberation and Action
 
A.
Public Hearing: FY 2020 and FY2022 Biennial Development Impact Fee Audits
 
 
STAFF RECOMMENDED ACTION:
 
  1. Open the Public Hearing
  2. Take Public Comment
  3. Close the Public Hearing
 
11.
REGULAR AGENDA
 
A.
Consideration and Adoption of Resolution No. 2024-47:  A resolution of the Flagstaff City Council, approving the adoption of the 2024 City of Flagstaff Forest Management Plan. 
 
 
STAFF RECOMMENDED ACTION:
 
  1. Read Resolution No. 2024-47 by title only
  2. City Clerk reads Resolution No. 2024-47 by title only (if approved above)
  3. Adopt Resolution No. 2024-47
 
B.
Consideration and Adoption of Resolution No. 2024-49:  A resolution of the Flagstaff City Council, approving an Intergovernmental Agreement between Arizona Department of Public safety and the City of Flagstaff for Law Enforcement Retention Initiatives Funding.
 
 
STAFF RECOMMENDED ACTION:
 
  1. Read Resolution No. 2024-49 by title only
  2. City Clerk reads Resolution No. 2024-49 by title only (if approved above)
  3. Adopt Resolution No. 2024-49
 
C.
Consideration and Adoption of Resolution No. 2024-50:  A resolution of the City Council of the City of Flagstaff, Arizona, authorizing the execution of the development agreement with Little America Hotels and Resorts, LLC ("Little America") for construction of the John Wesley Powell (JWP) extension across Little America property. 
 
 
STAFF RECOMMENDED ACTION:
 
  1. Read Resolution No. 2024-50 by title only
  2. City Clerk reads Resolution No. 2024-50 by title only (if approved above)
  3. Adopt Resolution No. 2024-50
 
D.
Consideration and Adoption of Resolution No. 2024-51:  A resolution of the City Council of the City of Flagstaff, Arizona, authorizing the execution of the development agreement with JP325, LLC ("JP325"), STL405, LLC ("STL405"), and Kelly J. Gibson and Christy R. Gibson ("Gibson") for construction of the John Wesley Powell extension. 
 
 
STAFF RECOMMENDED ACTION:
 
  1. Read Resolution No. 2024-51 by title only
  2. City Clerk reads Resolution No. 2024-51 by title only (if approved above)
  3. Adopt Resolution No. 2024-51
 
E.
Consideration and Adoption of Resolution No. 2024-52:  A resolution of the City Council of the City of Flagstaff, Arizona, authorizing the execution of the First Amendment to the Canyon Del Rio Development Agreement. 
 
 
STAFF RECOMMENDED ACTION:
 
  1. Read Resolution No. 2024-52 by title only
  2. City Clerk reads Resolution No. 2024-52 by title only (if approved above)
  3. Adopt Resolution No. 2024-52
 
12.
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.
 
A.
Future Agenda Item Request (F.A.I.R.): A Citizens' Petition titled "Miranda Sweet Conflict of Interest"
 
 
STAFF RECOMMENDED ACTION:
 

Council Direction
 
13.
OPEN CALL TO THE PUBLIC
 
14.
INFORMATIONAL ITEMS TO/FROM MAYOR, COUNCIL, AND STAFF, AND FUTURE AGENDA ITEM REQUESTS
 
15.
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                                          , 2024.



__________________________________________
Stacy Saltzburg, MMC, City Clerk
                                             

THE CITY OF FLAGSTAFF ENDEAVORS TO MAKE ALL PUBLIC MEETINGS ACCESSIBLE TO PERSONS WITH DISABILITIES. With 48-hour advance notice, reasonable accommodations will be made upon request for persons with disabilities or non-English speaking residents. Please call the City Clerk (928) 213-2076 or email at stacy.saltzburg@flagstaffaz.gov to request an accommodation to participate in this public meeting. 

NOTICE TO PARENTS AND LEGAL GUARDIANS: Parents and legal guardians have the right to consent before the City of Flagstaff makes a video or voice recording of a minor child, pursuant to A.R.S. § 1-602(A)(9). The Flagstaff City Council meetings are live-streamed and recorded and may be viewed on the City of Flagstaff's website. If you permit your child to attend/participate in a televised Council meeting, a recording will be made. You may exercise your right not to consent by not allowing your child to attend/participate in the meeting.