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Minutes for City Council Meeting - FINAL

CITY COUNCIL REGULAR MEETING
TUESDAY, SEPTEMBER 6, 2022
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN
3:00 P.M.

 
MINUTES
 
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).
 
2.
ROLL CALL
NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means.
PRESENT:

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









Others present:  City Manager Greg Clifton; Deputy City Attorney Kevin Fincel.
 
3.
PLEDGE OF ALLEGIANCE, MISSION STATEMENT, AND LAND ACKNOWLEDGEMENT

The Council and audience recited the pledge of allegiance, Councilmember House read the Mission Statement of the City of Flagstaff, and Vice Mayor Sweet 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.
Sustainability Specialist Kaeli Wells addressed Council regarding the Flagstaff Rethink Waste website.
 
Duffie Westheimer addressed Council to request that speed limits be enforced as well as nuisance noise. Loud exhaust systems and speed are quality of life and safety issues.
 
Stephen Puhr addressed Council about the culvert on Highway 180 that had not been completed and is out of city and county code. He believed that the culvert was causing the flooding of the apartments and Stevanna Way and that a pipe should be installed to take the water to the Rio de Flag.
 
Wendy White, on behalf of the Community Assistance Teams (CATs) of Flagstaff, addressed Council about the converted school bus that had been equipped with shower and bathroom facilities and provided clothing and hygiene supplies to the unsheltered. She requested that the city provide a parking facility for the bus.
 
The following individuals addressed Council in support of the CATs bus and their need for a parking location.
  • Kate Harding
  • So-mana Tootsie
  • Edgar Ramirez Martinez
  • Paula Czernicki
Paul Haro addressed Council about standing with the Apache in an effort to save Oak Flats.
 
William Head addressed Council and spoke in support of Ranked Choice Voting. He urged the Council to be the first in Arizona to utilize the method of voting.
 
5.
PROCLAMATIONS AND RECOGNITIONS
 
A.
Proclamation: Theatrikos Week
Mayor Deasy read and presented the Theatrikos Week proclamation.
 
6.
COUNCIL LIAISON REPORTS
Councilmember McCarthy reported that MetroPlan met to discuss Stride Forward and the Regional Transportation Plan. He also reported that he attended the Bicycle Advisory Committee and Pedestrian Advisory Committee meetings where they discussed the Active
Transportation Master Plan. He reported that he met with the Army Corp of Engineers and Senator Kelly’s office about the Rio de Flag, the Downtown Connection Center, and the Downtown Mile.
 
Councilmember Shimoni reported that the Indigenous Commission would be meeting that week to discuss the upcoming Indigenous Peoples Day.
 
Councilmember Salas reported that MetroPlan was seeking input from the community on Stride Forward. She stated that the Discover Flagstaff annual stakeholder and partners meeting was coming up in October.
 
Councilmember House reported that the Housing Commission was celebrating a fully appointed commission and their ability to meet that month. They would be discussing the implementation of year one of the 10-Year Housing Plan.
 
Councilmember Aslan stated that there were still spots available for the Colorado Plateau Water Advisory Council field trip.
 
Vice Mayor Sweet reported that the Beautification and Public Art Commission would be meeting the following week to discuss the Airport Scroll, Aspen Ave Library Entry, Southside Community Garden, and the Downtown Connection Center.
 
7.
LIQUOR LICENSE PUBLIC HEARINGS
 
A.
Consideration and Action on Liquor License Application:  Thomas James Hanecak, "Coconino Center for the Arts," 2300 N. Fort Valley Road, Series 05, New License.
Mayor Deasy opened the public hearing.
 
Sergeant Kevin Sapp introduced the application and noted no concerns.
 
There being no public comment, Mayor Deasy closed the public hearing.
 

Moved by Councilmember Regina Salas, seconded by Mayor Paul Deasy to forward the applications to the State with a recommendation for approval.

Vote: 7 - 0 - Unanimously

 
8.
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.
Vice Mayor Sweet requested that Item 8B be pulled for discussion.
 

Moved by Mayor Paul Deasy, seconded by Councilmember Jim McCarthy to approve Consent Items 8A, C, and D as presented.

Vote: 7 - 0 - Unanimously

 
A.
Consideration and Approval of Letter of Support: for Grand Canyon National Park Grant for the Nationally Significant Federal Lands and Tribal Projects (NSFLTP) 2022 program.
 
Approve the letter of support.
 
B.
Consideration and Approval of Grant Agreement:  Grant Agreement between the United States Department of Agriculture Urban Agriculture and Innovative Production for the Sustainable Community Food System project.
Waste Reduction & Food Systems Coordinator Summer White provided a PowerPoint presentation that covered the following:
 
ASSESSING & GROWING A SUSTAINABLE COMMUNITY FOOD SYSTEM
GRANT AWARD
WHY IS THIS INITIATIVE IMPORTANT?
ASSESSING AND GROWING A SUSTAINABLE FOOD SYSTEM
TIMELINE
 

Moved by Vice Mayor Miranda Sweet, seconded by Mayor Paul Deasy to accept the Grant Agreement with the United States Department of Agriculture’s Urban Agriculture and Innovative Production grant for funds in the amount of $184,085.12.

Vote: 7 - 0 - Unanimously

 
C.
Ratification of Lease Amendment:  Ratify the Lease Amendment with United States General Services Administration (GSA) – Transportation Security Administration (TSA) leased space at airport.

Ratify lease amendment with United States General Services Administration for the Transportation Security Administration (TSA) leased space at the airport.
 
D.
Consideration and Approval of Cooperative Purchase Contract: vCORE Technology Partners, LLC in the amount of $72,284.44, plus applicable taxes, for Dell EMC Data Domain hardware (DD6400), licensing, and support/maintenance. 
  1. Approve the Cooperative Purchase Contract with vCORE Technology Partners, LLC (vCORE), in the amount of $72,284.44, plus applicable taxes, for the purchase of Dell EMC Data Domain hardware (DD6400), licensing, and support/maintenance; and
  2. Authorize the City Manager to execute the necessary documents.
 
9.
ROUTINE ITEMS
 
A.
Consideration and Adoption of Ordinance No. 2022-18:  An ordinance of the City Council of the City of Flagstaff amending the Flagstaff City Code, Title 10, Flagstaff Zoning Code, Division 10-40.60: Specific to Uses, Section 10-40.60.220 Marijuana Establishments Subsection C. Hours of Operation for Marijuana Dispensaries, providing for penalties, repeal of conflicting ordinances, severability, and establishing an effective date.
Councilmember McCarthy clarified that the ordinance would change the hours of operation only and that there were no changes in the use types. Zoning Code Manager Tiffany Antol responded yes, and that staff would come back at a work session to discuss dispensary operations.
 

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Miranda Sweet to read Ordinance No. 2022-18 by title only for the final time.

Vote: 6 - 1

NAY:
Councilmember Austin Aslan
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF CITY CODE, TITLE 10, FLAGSTAFF ZONING CODE, DIVISION 10-40.60: SPECIFIC TO USES, SECTION 10-40.60.220 MARIJUANA ESTABLISHMENTS, SUBSECTION C. HOURS OF OPERATION FOR MARIJUANA DISPENSARIES, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
 

Moved by Mayor Paul Deasy, seconded by Vice Mayor Miranda Sweet to adopt Ordinance No. 2022-18.

Vote: 6 - 1

NAY:
Councilmember Austin Aslan
 
10.
REGULAR AGENDA
 
A.
Consideration and Adoption of Resolution No. 2022-40:  A resolution of the Flagstaff City Council, approving an Intergovernmental Agreement (IGA) Between Coconino Community College and Flagstaff Police Department for High Country Training Academy.  This is a Arizona POST accredited basic training academy for police certification operated out of Coconino Community College.
Detective Collin Seay addressed Council and stated that the agreement for the High Country Training Academy would allow police training to be conducted in Flagstaff. The Police Department and Coconino Community College wew excited about the project. It would save significant money by not having to send trainees out of Flagstaff to train, and it would keep recruits in the Flagstaff area and train them where they would be working.
 
Councilmember House asked Detective Seay to explain more about the benefits of keeping trainees in Flagstaff. Detective Seay stated that Flagstaff is 180 miles away from the basic training academies. Flagstaff must apply and be selected to be a part of the academies and there was no guarantee for selection. There were costs associated with tuition and housing for the months the trainees attend and there was no day-to-day oversight of the officers during their training. Having them local would allow intervention earlier to build relationships and culture so that hopefully officers would choose to stay in Flagstaff long-term. The academy would be open for training of recruits across the state and would set Flagstaff up to be a leader in Northern Arizona.
 

Moved by Mayor Paul Deasy, seconded by Councilmember Khara House to read Resolution No. 2022-40 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN COCONINO COUNTY COMMUNITY COLLEGE DISTRICT, COCONINO COUNTY, AND THE ARIZONA BOARD OF REGENTS FOR AND ON BEHALF OF NORTHERN ARIZONA UNIVERSITY AND THE CITY OF FLAGSTAFF FOR THE CREATION OF THE HIGH COUNTRY TRAINING ACADEMY FOR POLICE RECRUITS
 

Moved by Mayor Paul Deasy, seconded by Councilmember Khara House to adopt Resolution No. 2022-40.

Vote: 7 - 0 - Unanimously

 
B.
Consideration and Adoption of Resolution No. 2022-43 and Ordinance No. 2022-23: A resolution declaring as a public record that a certain document to be filed with the City Clerk and entitled “Addendum 31 to the Employee Handbook of Regulations” and an ordinance amending the Flagstaff City Code Chapter 1-14, Personnel System, and the Employee Handbook of Regulations by adopting by reference that certain document entitled “Addendum 31 to the Employee Handbook of Regulations” to align with classification, compensation and performance management changes.
Contract Human Resources Executive Jeanie Gallagher and Human Resources Analyst Jessica Vigorito provided a PowerPoint presentation that covered the following:
 
COMPENSATION ORDINANCES
HISTORY
UPDATES IN GENERAL
REGULATORY EXAMPLES
COMPENSATION PROGRAM ALIGNMENT
CONSISTENCY
SALARY CALCULATION METHOD – REGULAR PAY PLAN
PERFORMANCE EVALUATION
REHIRE ENHANCEMENT
RECRUITMENT AND RETENTION
 

Moved by Mayor Paul Deasy, seconded by Vice Mayor Miranda Sweet to read Resolution No. 2022-43 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED “ADDENDUM 31 TO THE EMPLOYEE HANDBOOK OF REGULATIONS” AND PROVIDING FOR AN EFFECTIVE DATE
 

Moved by Mayor Paul Deasy, seconded by Vice Mayor Miranda Sweet to read Ordinance No. 2022-23.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE EMPLOYEE HANDBOOK OF REGULATIONS AND FLAGSTAFF CITY CODE, BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED “ADDENDUM 31 TO THE EMPLOYEE HANDBOOK OF REGULATIONS”; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE
 
C.
Consideration and Adoption of Resolution No. 2022-44:   A resolution approving Binding Waivers of Enforcement for thirteen parcels of land located in the City of Flagstaff.
Senior Assistant City Attorney Christina Rubalcava provided a PowerPoint presentation that covered the following:
 
PROP 207 CLAIMS
BACKGROUND
ORDINANCE 2020-11
ORDINANCE 2020-28
PROP 207 CLAIMS
OVERVIEW OF PROP 207
BINDING WAIVER OF ENFORCEMENT
 

Moved by Mayor Paul Deasy, seconded by Councilmember Jim McCarthy to read Resolution No. 2022-44 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL, APPROVING BINDING WAIVERS OF ENFORCEMENT FOR THIRTEEN PARCELS OF LAND WITHIN THE CORPORATE LIMITS OF THE CITY OF FLAGSTAFF
 

Moved by Mayor Paul Deasy, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2022-44.

Vote: 7 - 0 - Unanimously

 
D.
Consideration and Adoption of Ordinance No. 2022-21: An ordinance of the Flagstaff City Council authorizing the acquisition of real property from the BNSF Railway Company; providing for delegation of authority, repeal of conflicting ordinances, severability, clerical corrections, and establishing an effective date; and 

Consideration and Approval of Contract: A Real Estate Purchase and Sale Agreement with BNSF Railway Company to purchase approximately 2,614 square feet of real property, to be executed after the effective date of Ordinance No. 2022-21.
Real Estate Manager Bryce Doty provided a PowerPoint presentation that covered the following:
 
ACQUISITION OF BNSF PROPERTY
VICINITY MAP
 

Moved by Mayor Paul Deasy, seconded by Councilmember Austin Aslan to read Ordinance No. 2022-21 by title only for the first time.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE FLAGSTAFF CITY COUNCIL AUTHORIZING THE ACQUISITION OF REAL PROPERTY FROM THE BNSF RAILWAY COMPANY; PROVIDING FOR DELEGATION OF AUTHORITY, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE
 
E.
Consideration and Adoption of Resolution No. 2022-45: A resolution of the Flagstaff City Council approving the filing of condemnation proceedings to acquire easements necessary for the Switzer Canyon Water Transmission Main project, Phase IV, A Public Use; and establishing an effective date
Real Estate Manager Bryce Doty addressed Council and stated that the project had been in the works for a long time. Staff have been negotiating with property owners over the past couple of years for additional easements on the property. They would continue to negotiate with owners but want to ask for authorization to file condemnation hearings in the event they were not able to come to an agreement.
 

Moved by Councilmember Jim McCarthy, seconded by Mayor Paul Deasy to read Resolution No. 2022-45 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL APPROVING THE FILING OF CONDEMNATION PROCEEDINGS TO ACQUIRE EASEMENTS NECESSARY FOR THE SWITZER CANYON WATER TRANSMISSION MAIN PROJECT, PHASE IV, A PUBLIC USE; AND ESTABLISHING AN EFFECTIVE DATE
 

Moved by Mayor Paul Deasy, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2022-45.

Vote: 7 - 0 - Unanimously

 
11.
DISCUSSION ITEMS
 
A.
Neighborhood Sustainability Grant Program Annual Update
Sustainability Coordinator Marissa Molloy provided a PowerPoint presentation that covered the following:
 
NEIGHBORHOOD SUSTAINABILITY GRANT PROGRAM UPDATE
AGENDA
NEIGHBORHOOD SUSTAINABILITY GRANT OVERVIEW
FISCAL YEAR 2020-2021 COMPLETED PROJECTS
ANEW LIVING – FOOD SUSTAINABILITY PROGRAM
ROOTS MICRO FARM
KILLIP ELEMENTARY SCHOOL GARDEN
THE ARBORETUM AT FLAGSTAFF – HIGH DESERT PRODUCE GARDEN
OAKLEY ANDERSON-MOORE AND SUPERYARD FARMS – THE DRY GREEN PROJECT
DARRIEN BENALLY – GROWING INDIGENOUS HEALTH AND RESILIENCE THROUGH BALCONY GARDENING
AZULITA PROJECT – CONSISTENT RECYCLING FOR FLAGSTAFF SCHOOLS
BOYS AND GIRLS CLUB OF FLAGSTAFF – ENVIRONMENTAL EDUCATION PROGRAM
CONGREGATION LEV SHALOM – FROM WASTE TO GROWING VEGETABLES
KILLIP ELEMENTARY AND COMMUNITY LEARNING CENTER – COMPUTER RESTORATION FOR THE SUNNYSIDE NEIGHBORHOOD
THREADED TOGETHER – SUSTAINABLE SEWING: RESOURCEFULNESS AND COMMUNITY BUILDING THROUGH QUILTING AND MENDING
FLAGSTAFF JUNIOR ACADEMY (FJA) – CLIMATE ACTION AT FJA
NORTHERN ARIZONA CLIMATE CHANGE ALLIANCE (NAZCCA) – CLIMATE AWARENESS CAMPAIGN
THE METEOR – CRATER COMMUNITY RADIO STUDIO
TOWNSITE URBAN FARM – COMMUNITY COLLABORATION TO BUILD RESILIENCE AND EDUCATE ON HISTORIC URBAN PROPERTY
SILAS AIKEN – GREENLAW GARDEN HUB
FY22 RECIPIENTS
FY23 GRANT CYCLE
 
Lindsay Watson, with Threaded Together shared information with Council about her project.
 
12.
PUBLIC PARTICIPATION

None
 
13.
INFORMATIONAL ITEMS TO/FROM MAYOR, COUNCIL, AND STAFF, AND FUTURE AGENDA ITEM REQUESTS
Vice Mayor Sweet reported that she attended the Arizona League of Cities and Towns annual conference the prior week where she took advantage of some great learning and networking opportunities. She stated that she would be attending the Flagstaff Music Festival, and she wished City Manager Clifton a Happy Birthday.
 
Councilmember House stated that the Arizona Housing Supply Roadshow was that week and they would be seeking input on housing needs in the state. She requested a FAIR item to discuss how the city could assist NAU in building better relationships with the neighborhoods.
 
Councilmember Salas reported that she also attended the Arizona League of Cities and Towns annual conference the prior week.
 
Councilmember Shimoni stated that he would be attending the Housing Supply Roadshow. He asked for a follow-up on the request from CATs for a parking space. Mr. Clifton stated that the request would be discussed at the staff level and brought back to Council.
 
Mayor Deasy added that he also attended the Arizona League of Cities and Towns annual conference and found it to be a beneficial conference.
 
14.
ADJOURNMENT

The Regular Meeting of the Flagstaff City Council held September 6, 2022, adjourned at 5:07 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 September 6, 2022. I further certify that the Meeting was duly called and held and that a quorum was present.
 
DATED this 19th day of December, 2023.           
 
________________________________
CITY CLERK