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Minutes for City Council Meeting - FINAL

CITY COUNCIL REGULAR MEETING
TUESDAY, JANUARY 4, 2022
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN
3:00 P.M.

 
MINUTES
 
1.
CALL TO ORDER

Mayor Deasy called the meeting of the Flagstaff City Council held January 4, 2022, to order at 3:04 p.m.
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).
 
2.
ROLL CALL
NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means.
PRESENT:

MAYOR DEASY
VICE MAYOR DAGGETT
COUNCILMEMBER ASLAN (virtually)
COUNCILMEMBER MCCARTHY
COUNCILMEMBER SALAS
COUNCILMEMBER SHIMONI (virtually)
COUNCILMEMBER SWEET
ABSENT:









Others present:  Acting City Manager Heidi Hansen; City Attorney Sterling Solomon.
 
3.
PLEDGE OF ALLEGIANCE, MISSION STATEMENT, AND LAND ACKNOWLEDGEMENT

The Council and audience recited the pledge of allegiance, Councilmember McCarthy read the Mission Statement of the City of Flagstaff, and Vice Mayor Daggett read the 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.
Climate Engagement Coordinator Jenna Ortega addressed Council to introduce herself and announce the recently launched climate advisory groups.
 
Michelle James with Friends of Flagstaff’s Future addressed Council with concerns about the Lone Tree Overpass, they believe that it is overbuilt, has inadequate protections for bicyclists and pedestrians, and is in conflict with the Carbon Neutrality Plan. She asked the Council to slow the process down to provide for more community discussion about the design.
 
Dawn Rodriguez addressed Council asking that the feasibility studies, adverse impact analysis, city presentations, and YouTube videos related to the Museum Flooding situation be posted on the internet.
 
Yiqun Lin and Joel McMillin submitted a written comment noting their concerns with the Lone Tree Overpass project.
 
5.
PROCLAMATIONS AND RECOGNITIONS
 
A.
Recognition: High School Cross Country Teams
Mayor Deasy read and presented recognitions to the Coconino High School Girls Cross Country Team and the Flagstaff High School Boys Cross Country Team.
 
B.
Proclamation: Speak Up, Stand Up, Save a Life Month
Mayor Deasy read the Speak Up, Stand Up, Save a Life Month proclamation.
 
6.
COVID-19 UPDATE
 
A.
COVID-19 Update
Deputy City Manager Shannon Anderson provided a PowerPoint presentation that
covered the following:
 
COVID-19 UPDATE
AGENDA
DR. ENGELTHALER UPDATE
 
Dr. Engelthaler continued the presentation.
 
OMICRON: BLACK CLOUDS AND SILVER LININGS
THANKSGIVING 2021
GLOBAL OMICRON – 01/04/2022
OMICRON IN SOUTH AFRICA – 01/04/2022
OMICRON IN UK – 01/04/2022
OMICRON TRAJECTORY
COVID: AZ AND COCONINO
AZ VARIANT SURVEILLANCE
AZ OMICRON BY WEEK (01/04/2022)
AZ OMICRON BY COUNTY (01/04/2022)
WHY IS OMICRON SO DIFFERENT?
THE OMICRON SPIKE MUTATIONS
THE OMICRON MUTATIONS
THE LATEST OMICRON RESEARCH
THE BLACK CLOUD AND THE SILVER LINING
 
Councilmember Shimoni asked the best way for the community to slow the spread. Dr. Engelthaler stated that it has been difficult to determine what people should be doing differently than what is already being done. The best thing is to remind everyone to continue to take appropriate precautions and get immunized or boosted if appropriate. Councilmember Shimoni asked about masks. Dr. Engelthaler stated that the further we have gotten away from the original strain of the virus the less protective the masks became; N95s, if fitted properly, are the best, followed by KN95s, and then general medical masks. He encouraged wearing masks when there are large groups of people and when there are unknown people in close contact.
 
Councilmember Sweet asked if there are any specific recommendations for small business owners and restaurants. Dr. Engelthaler indicated that there is nothing new to offer, they can lower the amount of spread by encouraging vaccinations among their employees and their customers. It is really about reinforcing the same messaging as before.
 
Mayor Deasy asked about the effectiveness of the home tests. Dr. Engelthaler stated that the specificity and sensitivity for identifying the target is the same. The at home tests are not as good or sensitive as PCR tests and that is okay because PCRs can detect for weeks following infection.
 
Mayor Deasy asked if there is a reason Coconino County is being hit harder than the rest of the state. Dr. Engelthaler stated that Coconino County is the cold spot of the state and at this time of the year there is more opportunity for transmission because people are celebrating indoors and less likely to be outside. There is no epidemiology reason.
 
Council thanked Dr. Engelthaler for his presentation and for being willing to discuss with Council.
 
Ms. Anderson continued the presentation.
 
CCHHS: COVID-19 WEEKLY CASES
CCHHS: HOSPITAL ADMISSIONS
CCHHS: COVID-19 RELATED DEATHS
CCHHS: COMMUNITY TRANSMISSION
CCHHS: COMMUNITY VACCINATION
CCHHS: VARIANTS
NAH: HOSPITAL CENSUS
 
Councilmember Shimoni stated that he would like to see the Council meetings return to a fully virtual setting and ask staff not to meet with people unless they are outdoors and masked. Mayor Deasy stated there is the ability to operate remotely if that is the desire. He would encourage messaging to staff to be aware of their health and take additional measures to keep themselves and others safe. He also suggested looking into the opportunity to provide tests to staff members.
 
7.
COUNCIL LIAISON REPORTS
Councilmember Shimoni reported that he attended a social service provider meeting, it was a great meeting that included the Police Department, Councilmembers, and city staff. The Indigenous Commission and Transportation Commission will be meeting later in the week.
 
Councilmember McCarthy reported that MetroPlan will be meeting that week.
 
Councilmember Salas reported that she will be attending the MetroPlan meeting where they will discuss their budget allocations. The Rural Transportation Advocacy Council will be meeting with the Secretary of Transportation to advocate for mindful inclusion of transportation dollars to rural Arizona.
 
8.
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:  Library Board.
 

Moved by Councilmember Regina Salas, seconded by Mayor Paul Deasy to appoint Frank Garcia with a term expiring November 2024.

Vote: 7 - 0 - 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.
 

Moved by Mayor Paul Deasy, seconded by Councilmember Jim McCarthy to approve the Consent Agenda as presented.

Vote: 7 - 0 - Unanimously

 
A.
Consideration and Approval of Contract:  Approve the cooperative purchase contract with Point & Pay for payment processing services in an amount not to exceed $320,000.
  1. Approve the cooperative purchase contract for payment processing services for various City of Flagstaff locations (which may include additional locations at a later date) with Point & Pay in an amount not to exceed $320,000; and
  2. Authorize the City Manager to execute the necessary documents.
 
B.
Consideration and Approval of Grant Award:  Healthy Forest Initiative Grant for Greater Flagstaff Area Healthy & Resilient Forest Project
Approve the Grant Agreement for the Greater Flagstaff Healthy & Resilient Forest Project for the Healthy Forest Initiative (HFI) Grant Program from the AZ Department of Forestry and Fire Management (DFFM) in the amount of  $357,143 - $250,000 grant share is provided to a match of $107,143. Of the $107,143 match, $21,840 will be city staff time to manage the grant and $81,463 will be provided by private property owners for forest treatment work on their property. 
 
C.
Consideration and Approval of Contract: Cooperative Purchase Contract with Beta Public Relations in the amount of $67,031.04.
  1. Approve the Cooperative Purchase Contract with Beta Public Relations in the amount of $67,031.04; and
  2. Authorize the City Manager to execute the necessary documents.
 
D.
Consideration and Approval of Contract:  Service contract with Altice (aka SuddenLink) to provide internet, and point to point network connectivity with City Hall and city infrastructure for a three year term, not to exceed $97,200 total.
Approval of service contract with Altice, allowing for fiber optic connection between Law Enforcement Administration Facility (LEAF) (Flagstaff Police Department (FPD) side) and City Hall buildings, as well as a new internet connection for FPD; and authorize the City Manager to execute the necessary documents.
A break was held from 4:25 p.m. through 4:42 p.m.
 
10.
ROUTINE ITEMS
 
A.
Consideration and Approval: 2022 Legislative Priorities
Interim Public Affairs Director Sarah Langley introduced Federal Lobbyist Bob Holmes and State Lobbyist Todd Madeksza. Ms. Langley reviewed the Federal and State Legislative Priorities that include the comments provided by Council at the prior meeting.
 
Councilmember McCarthy stated that he has done some research on the Homestead Tax Treatment and asked that it be included in the state priorities. The proposal would be revenue neutral; the idea is that houses that are primary residences should pay less tax than those homes that are vacation or short-term rentals. He proposed that in addition to the state-aid-to-school credit the city advocate for a lower assessed valuation rate for owner-occupied primary residences, with the lost revenue to be balanced by a slightly higher valuation rate for non-primary residences.
 
Vice Mayor Daggett stated that she is generally in support of treating both types of residences differently in some way, but she would like to see something like this vetted more before landing on a solid priority. She feels it is premature but is supportive of investigating it further and working with other entities to garner support.
 
Council agreed that further research is needed and asked Ms. Langley to look into the matter further.
 
Mayor Deasy suggested including information and research about land value tax to the research. Land value tax is where a property is only assessed by land value rather than the land and property combined. Council agreed that the information would be helpful.
 
Councilmember Salas recommend an edit to the transportation section; advocate for additional funding to ADOT to plan, build, preserve, modernize, and expand transportation and infrastructure projects that impact Northern Arizona and our tribal partners.
 
Vice Mayor Daggett noted that she wants to see as much emphasis as possible put behind partnering with other cities and towns on issues related to short-term rentals.
 

Moved by Councilmember Regina Salas, seconded by Councilmember Jim McCarthy to approve the 2022 State and Federal Legislative Priorities with the requested edits to the State Transportation Language.

Vote: 7 - 0 - Unanimously

 
B.
Consideration and Approval: Revised Economic Recession Plan
Management Services Director Rick Tadder addressed Council indicating that the Budget Team is recommending revisions to the Economic Recession Plan. The amendments were presented at the budget retreat for discussion and staff is now seeking Council approval of the amendments.
 

Moved by Mayor Paul Deasy, seconded by Councilmember Jim McCarthy to approve the revised Economic Recession Plan.

Vote: 7 - 0 - Unanimously

 
C.
Consideration and Approval of BNSF Railway Preliminary Engineering Agreement:  Lone Tree Overpass Project Construction Document Review.
Capital Improvements Project Manager Christine Cameron addressed Council stating that the agreement provides funding for BNSF consultants to review the engineering plans related to the project.
 

Moved by Mayor Paul Deasy, seconded by Councilmember Austin Aslan to approve the Lone Tree Overpass Project (Project) Preliminary Engineering Agreement (Agreement) with BNSF Railway (BNSF) in the amount of $78,601 with the revised language for the cancelation clause and authorize the City Manager to execute the necessary documents.

Vote: 7 - 0 - Unanimously

 
11.
PUBLIC HEARING ITEMS
 
A.
Public Hearing and Consideration of Ordinance No. 2022-01: An Ordinance of the City Council of the City of Flagstaff, extending and increasing the corporate limits of the City of Flagstaff pursuant to the provisions of Title 9, Chapter 4, Arizona Revised Statutes, by annexing approximately 10.05 acres of land located at 7000 North Highway 89, which certain land is
 
contiguous to the existing corporate limits of the City of Flagstaff, and establishing city zoning for said land as Highway Commercial (HC) with a Resource Protection Overlay (RPO); providing for severability, authority for clerical corrections, and establishing an effective date. (Flagstaff Rehab Campus Annexation: Project Number PZ-20-00164-03).
Mayor Deasy opened the public hearing.
 
Senior Planner Genevieve Pearthree provided a PowerPoint presentation that covered the following:
 
FLAGSTAFF REHAB CAMPUS ANNEXATION REQUEST
ANNEXATION REQUEST OVERVIEW
PROJECT LOCATION
DEVELOPMENT OVERVIEW
CONCEPT PLAT
CONCEPT PLAN
PROPOSED BUILDING ELEVATIONS & MATERIALS
NATURAL RESOURCE PROTECTION
CITIZEN PARTICIPATION
CONCURRENT REZONING REQUEST
RURAL RESIDENTIAL (RR) ZONE
ANNEXATION APPROVAL CRITERIA
FINDING 1: PUBLIC SYSTEMS ANALYSIS
FINDING 2: CONFORMANCE WITH ARS 9-471
FINDING 3: FLAGSTAFF REGIONAL PLAN 2030
STAFF RECOMMENDATION
 
Mike Zipprich CEO of America Rehab Campus addressed Council explaining their model of providing substance abuse treatment facilities in Arizona.
 
Councilmember Shimoni stated that he would like for the programming to incorporate cultural considerations. American Rehab Campus Executive Vice President of Operations Michelle Carrasco stated that she hopes to work with the Indigenous Commission to get input on a program specific to the indigenous population.
 
Councilmember Shimoni indicated that he is concerned about rezoning the parcel to Highway Commercial and then the development not being delivered as expected. He suggested putting a development agreement in place to document conditions and protections related to the project. Mr. Zipprich stated that he is concerned about the restrictions and financial burden that a development agreement may place on his ability to be flexible with construction. Mayor Deasy stated that he shares the concerns of Councilmember Shimoni but does not want to have something so restrictive in place that it jeopardizes the project.
 
Vice Mayor Daggett asked if the parcel was not annexed if they would be on a septic system. Guillermo Cortes, with SWI Engineering, indicated yes and stated that an alternative method would need to be found for wastewater and access to the well. The annexation makes sense and it has been in the works for a couple of years already.
 
A majority of Council was not supportive of requiring a development agreement for the project.
 
There being no public comment Mayor Deasy closed the public hearing.
 
12.
REGULAR AGENDA
 
A.
Consideration and Adoption of Resolution No. 2022-01:  A resolution of the Flagstaff City Council, approving an Intergovernmental Agreement (IGA) between Flagstaff Unified School District and the City of Flagstaff for storm water detention and drainage improvements at Killip Elementary School.
Public Works Director Scott Overton addressed Council asking for approval of an IGA with the Flagstaff Unified School District for storm water detention and drainage improvements at Killip Elementary School.
 
Council expressed appreciation for the project and for the work being put into mitigate flooding in the community.
 

Moved by Mayor Paul Deasy, seconded by Vice Mayor Becky Daggett to read Resolution No. 2022-01 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN FLAGSTAFF UNIFIED SCHOOL DISTRICT AND THE CITY OF FLAGSTAFF FOR STORM WATER DETENTION AND DRAINAGE IMPROVEMENTS AT KILLIP ELEMENTARY SCHOOL
 

Moved by Mayor Paul Deasy, seconded by Councilmember Miranda Sweet to adopt Resolution No. 2022-01.

Vote: 7 - 0 - Unanimously

 
13.
PUBLIC PARTICIPATION

None
 
14.
INFORMATIONAL ITEMS TO/FROM MAYOR, COUNCIL, AND STAFF, AND FUTURE AGENDA ITEM REQUESTS
Councilmember Salas reported that she will be touring the Lone Tree and Butler project site later in the week.
 
Councilmember Sweet requested that the posters and outreach messaging for businesses related to COVID-19 mitigation strategies be made available again. Economic Vitality Director Heidi Hansen offered that Discover Flagstaff can create and distribute materials to those who would like them.
 
Councilmember McCarthy thanked Council for the discussion concerning the property tax issue.
 
Mayor Deasy stated that the first ever State of the City address is scheduled to occur on January 19, 2022. He invited the Council to attend. He also requested a FAIR item to discuss the implementation of a housing program where elderly individuals who need additional assistance can be paired with people who can help the person in exchange for free rent.
 
Councilmember Shimoni indicated that he will also be attending the Lone Tree site visit later in the week. There is an upcoming Mountain Line meeting where they will be discussing am Airport micro-transit option. He also reported that Congressman O’Halleran will be meeting with staff to discuss the alternative response program and there will be a CDBG meeting with target neighborhoods later in the week. Lastly, he indicated that he would like Council to consider going fully virtual for the Council Meetings to be an example to the community and represent the type of behavior others should be using.
 
Councilmember Aslan requested increased messaging about the effectiveness of KN95 masks as opposed to cloth masks. He indicated that he will be attending the Council meetings virtually through the month of January.
 
15.
ADJOURNMENT

The Regular Meeting of the Flagstaff City Council held January 4, 2022, adjourned at 6:42 p.m.
   
  _______________________________
MAYOR
ATTEST:
 
 

_________________________________
CITY CLERK
 


CERTIFICATION

I, STACY SALTZBURG, 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 January 4, 2022. I further certify that the Meeting was duly called and held and that a quorum was present.
 
DATED this 7th day of February, 2023.           
 
________________________________
CITY CLERK