Others present: City Manager Greg Clifton; City Attorney Sterling Solomon.

Stephen Puhr addressed Council about culvert repairs on Highway 180. He urged the Council to use contingency funds to fund the project.

Vice Mayor Sweet reported that the Beautification and Public Art Commission is working on their budget and there is a retreat scheduled at the end of the month for that purpose. Beautification and public art grants are also in full swing with the commission reviewing a variety of submissions. She also reported that she would be attending the upcoming Mountain Line Technical Advisory Committee meeting. Mayor Deasy noted that he would also be attending the Mountain Line meeting.
 
Councilmember Salas reported that the annual Discover Flagstaff Stakeholder Luncheon and Awards event would be later that week. The keynote speaker will be Bill Stanton, a 29-time Emmy Award winner and Hall of Fame speaker. She also reported that the MetroPlan Board meeting had a public hearing schedule for the adoption of their updated Strategic Plan.

Moved by Councilmember Regina Salas, seconded by Mayor Paul Deasy to appoint Nat White to a term expiring April 2023.

Vote: 7 - 0 - Unanimously

Moved by Councilmember Jim McCarthy, seconded by Councilmember Regina Salas to appoint Stephen Parsons to a term expiring August 2025.

Vote: 7 - 0 - Unanimously

Moved by Mayor Paul Deasy, seconded by Councilmember Khara House to appoint Autumn Layden to a term expiring August 2025.

Vote: 7 - 0 - Unanimously

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Miranda Sweet to approve the Consent agenda as presented.

Vote: 7 - 0 - Unanimously

Capital Improvements Project Manager Jeremy DeGeyter provided a PowerPoint presentation that covered the following:
 
FOURTH STREET-CEDAR AVENUE-LOCKETT ROAD-ROUNDABOUT
FOURTH/CEDAR/LOCKETT ROUNDABOUT
PROJECT LOCATION
CURRENT ROUNDABOUT DESIGN AND PROPERTY IMPACTS
ADDITIONAL DESIGN COSTS
UPDATE ON PROJECT
 
Councilmember Salas asked if the additional signs and project administration fee from ADOT had pushed the project over budget. Mr. DeGeyter stated that the project was over budget the last time staff was before Council. The plan is to build the costs into the estimates before the project advances. Staff would likely be back to Council to approve the costs prior to construction.
 
Councilmember Aslan stated that there had been numerous discussions about the project, and he was excited about the new safety features and mobility improvements the project will bring.

Moved by Councilmember Austin Aslan, seconded by Mayor Paul Deasy to approve payment to ADOT for additional project design costs and project administration in the amount of $117,136.01 and direct the City Manager to complete the necessary documents.

Councilmember McCarthy stated that quite a few changes were made to the project, and he was excited to approve and move things forward.

Councilmember Salas added that the project received a Highway Safety Improvement Project grant from ADOT for partial funding.

Vote: 7 - 0 - Unanimously

Assistant Parks and Recreation Director Amy Hagin introduced Jean Brown, President of Flagstaff Tennis Association, who provided a PowerPoint presentation that covered the following:
 
PROPOSAL FOR: NAMING THE HAL JENSEN RECREATION CENTER TENNIS COURTS FOR RON HREN
BACKGROUND
THE TENNIS CONNECTION
WHY NAME THE COURTS FOR RON?
PROVISIONS IN RESOLUTION NO. 2001-73/2020-72
SUMMARIZATION OF THE 16 PART RESOLUTIONS
ADDITIONAL COMMENTS FROM FRIENDS
FROM RICK GOLDWASSER FLAGSTAFF TENNIS PROFESSIONAL
CONCLUSION
 
Jenny Garcia, Jean Brown, and Anthony Medina offered comments about Ron Hren and his impact on the Flagstaff community. They voiced their support for the renaming of the Hal Jensen tennis courts.
 
Mayor Deasy stated that he wass looking forward to seeing Ron’s legacy continue in Flagstaff.

Moved by Mayor Paul Deasy, seconded by Councilmember Regina Salas to read Resolution No. 2022-49 by title only.

Councilmember Aslan stated that the request was highly appropriate, and he was enthusiastically supportive. He asked about the process to rename a city facility or feature.

Ms. Hagin explained that the city had a formalized process. The request was brought forward by the tennis community and staff approached the Parks and Recreation Commission for a recommendation.

Councilmember House stated that the presentation and comments were a strong testament to Ron’s legacy in the community. She thanked everyone involved for bringing the request forward and bringing community engagement and connectivity to the process.

Councilmember Salas stated that the Parks and Recreation Commission unanimously approved the recommendation for approval. The story of Mr. Hren making tennis accessible and equitable, and creating a sense of community and belonging made him beyond deserving.

Vote: 7 - 0 - Unanimously

Moved by Mayor Paul Deasy, seconded by Councilmember Regina Salas to adopt Resolution No. 2022-49.

Vote: 7 - 0 - Unanimously

Grants, Contracts, and Emergency Management Director Stacey Brechler-Knaggs addressed Council stating that the agreement was for transportation planning project funding for the design of the Downtown Mile project. It is federal highway money that MetroPlan gets, and they want to set up the Master Subrecipient Agreement to provide funding for the Downtown Mile project and other future projects.

Moved by Mayor Paul Deasy, seconded by Councilmember Regina Salas to approve the Master Subrecipient Agreement with MetroPlan for funding to the City as a subrecipient for transportation project funding.

Councilmember Salas noted that the MetroPlan Board had approved the agreement at their meeting earlier that month.

Vote: 7 - 0 - Unanimously

Climate and Energy Coordinator Ramon Alatorre provided a PowerPoint presentation that covered the following:
 
SUSTAINABLE BUILDING RESOLUTION UPDATE
AGENDA
HISTORY
EXISTING RESOLUTION (RES. NO. 2014-09)
MOTIVATION FOR REVISIONS AND UPDATES
CARBON NEUTRALITY PLAN ALIGNMENT
OTHER AREAS OF ALIGNMENT
REVISION PROCESS
GOALS OF THE PROPOSED REVISIONS
REDUCE GREENHOUSE GAS EMISSIONS FROM CITY BUILDINGS
BUILDING COMMUNITY RESILIENCE
INCREASING THE NUMBER OF AVAILABLE AND AFFORDABLE HOUSING UNITS
 
Councilmember McCarthy expressed his support and suggested that the Whereas statements be reviewed because many of them seemed redundant.
 
Councilmember Aslan expressed support and noted the collaboration between the Climate Emergency and the Housing Emergency. He noted appreciation for all the effort and time that had gone into the updates.
 
Councilmember House stated that there are a lot of efforts that have come together in meaningful ways and there is significance in bringing the housing and climate needs together. She was eager to see the continued collaboration and moving efforts forward.
 
Councilmember Sweet also expressed excitement about the work. She asked about the resiliency hubs. Mr. Alatorre stated that it was similar to what was in Phoenix with the cooling centers. There are additional policy discussions to be had on how to utilize the spaces, but the general idea was to address warming during the winter months and provide a place to go during wildfires.
 
Councilmember Salas stated that there are existing policies for adaptive reuse specific to incentivizing businesses to occupy existing buildings. She encouraged partnership with the Economic Vitality Division to coordinate efforts.

Mr. Clifton stated that the Community Assistance Teams (CATs) of Flagstaff was a mobile program that provides services to the community such as access to fresh clothing, showering facilities, and work opportunities. A recent program that works in conjunction with the Sustainability Division is the People at Work Program funded through a grant. Sustainability Director Nicole Antonopoulos shared that the grant program, Engage, Empower, and Elevate was launched to specifically provide opportunities for unsheltered community members to earn a minimum wage to collect and dispose of litter in the community. The CATs team was the recipient of the grant in the amount of $30,000.
 
Mr. Clifton touched on a couple of the requests coming from CATs which included off-duty and overnight parking, wastewater disposal, access to potable water, and assistance with the operating costs of $300 per day. He indicated that there may be things that the city can do to assist with those items as well as a possible consideration of an appropriation to offset the operating costs.
 
Wendy White, on behalf of CATs, addressed Council and stated that they were excited about the progress made in such a short time. They have been able to increase their services to four days per week and are slated to add an additional day in November. The ultimate goal is to be operational seven days per week. She spoke about the work program and litter clean ups that are part of the services provided to the community and allowing people to earn money. Participants have been appreciative of the ability to earn money and have access to fresh clothing and hygiene opportunities. They are creating a sense of community and are able to bring people who are disenfranchised to gain some pride and sense of self. She noted that the bus was parked at four different locations throughout the week, and they continue to assess other locations. She briefly reviewed the needs of the CATs bus and the request of the city.
 
Deborah Harris addressed Council and thanked CATs for a creative solution to a challenge in the community. The team contacted her about parking the bus outside the Murdoch Center which she would support but felt that there would need to be outreach to the neighborhood about the operation to dispel any rumors and help the neighborhood understand the purpose and full operations.
 
Darrell Marks addressed Council and stated that the bus operations are just scratching the surface. There is such a great need in the community. They are looking to the City Council to help in the effort. They need funding and capacity to expand the services.
 
Councilmember Aslan thanked CATs for their efforts in the community. He suggested using the Council Initiative Fund to assist with their operations.
 
Councilmember Salas expressed support for all the requests from CATs and more if possible. The CATs program provides a much-needed service to relatives and neighbors. She also noted that there may be an opportunity to tap into work force funding at the state level for job training.
 
Mayor Deasy asked if the $37,500 discussed at the last budget cycle had been allocated. Management Services Director Rick Tadder stated that the funding had been approved and was in the non-departmental fund waiting for Council direction and procurement for allocation.
 
Councilmember House stated that she was in full support of all four requests. She thanked the CATs team and expressed appreciation for their work to fill the gaps. She also noted support for Ms. Harris’ request to get information out to the neighborhoods where the bus may be located.
 
Councilmember Shimoni expressed his support for the four requests.
 
Councilmember McCarthy stated that he would like to see how they might be able to make the requests work. He noted that in some ways the CATs program was duplicating the services provided by Flagstaff Shelter Services. He also noted that the city partners financially with United Way and other service providers and he would like to ensure that everyone is treated equally for requests made of the city.
 
Ms. White clarified that they are not duplicating the services of Flagstaff Shelter Services. She noted that many of the people they are engaged with are not making use of, or unable to make use of, the shelter system. They are trying to connect with those who are not currently utilizing shelter services and continue to connect them with other available services.
 
Vice Mayor Sweet stated her support for the four requests.
 
Mayor Deasy stated that he was supportive of all the requests but had some concerns about providing water services to one non-profit and not others. He stated that it would be better to contribute to operating costs rather than providing the water directly. He suggested a $40,000 total contribution to cover the operating costs and water needs.
 
Council was supportive of the suggestion.
 
A break was held from 5:03 p.m. through 5:21 p.m.

Deputy Police Chief Paul Lasiewicki provided a PowerPoint presentation that covered the following:
 
NUISANCE NOISE ORDINANCE
BACKGROUND
HOW WILL SOUND LEVELS BE MEASURED
WHAT ARE DECIBEL LEVELS FOR TYPES OF NOISE?
WHAT INSTRUMENT WILL WE USE TO MEASURE SOUND LEVELS?
WHAT WILL AN INVESTIGATION LOOK LIKE?
COMMENTS AND CONCERNS WE HAVE HEARD
BUSINESS RELATED
VEHICLE RELATED
MD ACOUSTICS PRESENTATION
 
Samuel Hord with MD Acoustics reviewed the study procedures and outcomes.
 
COUNCIL DIRECTION
 
The following individuals addressed Council regarding a possible noise ordinance:

• Michael Collier
• Craig Bouchard
• Kevin Heinonen
• Terry Madeksza
• Charlie Silver
• Michael Sechrest
• John VanLandingham

The following comments were received:

• So many live with a problem of noise.
• Building noise and vehicle noise are issues that should be addressed separately.
• The last Coffee with a Cop meeting registered at 68 decibels with 30 people, this would have been subject to enforcement should the recommendations have been in place.
• The study was done in June when there was a smaller population of college kids in town.
• Using Sedona as a comparison city is not appropriate.
• Certain businesses are being targeted.
• The proposed solution is overcorrecting something that is a more isolated issue.
• It is unfair that the burden is being placed on business owners.
• People have made a choice to move into downtown.
• An ordinance will only weaponize the issue.
• A group of business owners and residents should be established to review and find compromise.
• Businesses have a right to run their business and make a profit, but residents also have a right to a good quality of life.
• Everyone has to learn how to compromise, negotiate, and work together to ensure the quality of life is good for as many as possible.
• Reducing the times when a business can operate will result in reduced revenues.
• The levels recommended are not appropriate.
• It is important not to hurt one group to appease another, residential needs to be mixed in with the downtown.
• The businesses were not invited to the conversation, a small task force with businesses, residents, and city staff would be helpful.
• The focus needs to be on compromise, similar to what was done with events at Wheeler Park.
• The best practice in a downtown is to have a cohesive mix of residents and businesses.
• A citywide ordinance does not make a lot of sense, the downtown is so very different than the rest of the city.
• The distinction between stationary noise and mobile noise is very different.
• Vehicles speeding through town with high noise is a serious problem.
• It is very difficult when music comes on around lunchtime and it continues until late at night.
• Relaxation and peace of mind is important and most are not able to afford to move somewhere else.
• Boulder, Colorado is a more appropriate comparison city than Sedona.
• The limits must be reasonable and attainable.
• Take the time necessary to get the feedback and input from all sides of the issue.

Written comments in support of a noise ordinance were submitted by the following:

• Rose Houk
• Joan Martini

Councilmember McCarthy stated that the Police Department was not targeting specific businesses. Many people have concerns about noise and complaints are coming from residents and businesses. His goal was to find a fair and reasonable compromise. He was supportive of an ordinance, but he was not ready to support the recommendations in the study. He would like to go out and get firsthand exposure to the noise levels and then make a subjective judgement on what he believed was reasonable. The criteria within the ordinance must be simple enough to enforce reasonably.
 
Councilmember Salas indicated that she would like to have a summary of complaints for noise. She also indicated that vehicle noise should be separated from nuisance noise. She was supportive of a task force consisting of residents, business owners, and staff to develop recommendations for Council consideration.
 
Vice Mayor Sweet noted that she had met with several residents and business owners about the issue. She also supported a small and productive task force to develop recommendations and find compromise.
 
Councilmember Shimoni asked the number of noise complaints from the past year. Police Chief Dan Musselman stated that in 2022 there were 191 calls for vehicle noise and 493 noise complaints. The noise complaints included everything from barking dogs to parties.
 
Councilmember Shimoni expressed concern about noisy vehicle complaints and the challenges with responding because the vehicle is often long gone once an officer can respond. He agreed with others that vehicle noise and business noise are two separate issues that should be enforced differently. He was also in agreement that a small task force could be helpful in identifying recommendations and finding compromise.
 
Councilmember Aslan stated that he had also spoken with residents and businesses about the noise issue. Downtown needs to be vibrant and livable and a compromise should be possible. He stated that the decibel levels in the report were too low and suggested that 100 to 150 was more appropriate. The problem has been generated by a couple of vocal constituents, and it would be unfortunate for the entire city to be saddled with an overreaching ordinance. Peer pressure can be helpful, and he urged other bars and businesses in the area to step up and put pressure on other owners to get in line, so they do not ruin it for everyone else. He did not believe that a task force was necessary. He indicated that vehicle noise was a separate issue, and it would be very difficult to enforce. It is a traffic issue versus a noise issue. He would support an ordinance if the levels were reasonable enough, but there was too much subjectivity.
 
Councilmember House stated that she supported an ordinance as well as the separation of vehicle noise and nuisance noise. She also expressed support for a task force to evaluate and provide recommendations. It will be important to consider that an ordinance may be appropriate in one place but not another. More comparisons are needed with other cities like Flagstaff.
 
Councilmember McCarthy stated that not allowing anonymous complaints was not appropriate. He was not supportive of a task force and felt that it was time to move forward with an ordinance.
 
Mayor Deasy stated that he would like to move forward with the vehicle noise ordinance; it is a citywide issue versus a location-specific issue. He also supported a small task force to evaluate nuisance noise.
 
Council gave direction to convene a task force for nuisance noise made up of two residents, two businesses, a representative from the Downtown Business Alliance, and a representative of the League of Neighborhoods.
 
Concerning vehicle noise, Council gave direction to move forward with an ordinance. They gave direction on the following points:

• Remove the weight limit on vehicles.
  • No
• One decibel limit or two based on the speed limit of the roadway.
  • Two
• The location of the measurement to be outside the traffic lane of the violator.
  • Yes
• Fine schedule.
  • First offense warning with no fine then $150, and again at $250.

Steven Holloway addressed Council and stated that the text amendment application was submitted, and the public hearing was scheduled for November 1, 2023.
 
Mr. Clifton stated that there was no development agreement or subdivision plat in place. The application would be presented to the Council in early November.
 
Council did not support moving forward with the FAIR item because there was already a public hearing scheduled on the matter in the near future.

Vice Mayor Sweet thanked everyone for a good meeting and good discussion.
 
Councilmember House reminded everyone to wear purple on Thursday, October 20, 2022, in awareness of domestic violence.
 
Councilmember Salas reminded everyone about the Discover Flagstaff Annual Stakeholders Meeting later that week, as well as the upcoming Pipeline West Community meeting the following week.