CITY COUNCIL REGULAR MEETING
TUESDAY, JUNE 20, 2023
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN AVE
3:00 P.M.
TUESDAY, JUNE 20, 2023
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN AVE
3:00 P.M.
MINUTES
1.
CALL TO ORDER
Mayor Daggett called the meeting of the Flagstaff City Council held June 20, 2023, to order at 3:02 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 through other technological means.
NOTE: One or more Councilmembers may be in attendance through other technological means.
| PRESENT: MAYOR DAGGETT VICE MAYOR ASLAN (virtually) COUNCILMEMBER HARRIS COUNCILMEMBER HOUSE (virtually) COUNCILMEMBER MATTHEWS COUNCILMEMBER MCCARTHY COUNCILMEMBER SWEET |
ABSENT: |
Others present: City Manager Greg Clifton; City Attorney Sterling Solomon.
3.
PLEDGE OF ALLEGIANCE, MISSION STATEMENT, AND LAND ACKNOWLEDGEMENT
The Council and audience recited the pledge of allegiance, Councilmember Sweet read the Mission Statement of the City of Flagstaff, and Councilmember Harris 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.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
A.
Consideration and Approval of Minutes: City Council Work Session of April 12, 2022, Regular Meeting of April 19, 2022, Budget Retreat of April 21, 2022, Budget Retreat of April 22, 2022, Special Work Session of April 25, 2022, Special Work Session of April 28, 2022, Regular Meeting of April 4, 2023, CIP Budget Retreat of April 7, 2023, Regular Meeting of April 18, 2023, Special Meeting (Executive Session) of April 28, 2023, Special Meeting (Executive Session) of May 2, 2023, Special Meeting (Executive Session) of May 23, 2023, Special Meeting (Executive Session) of May 30, 2023, and Special Meeting (Executive Session) of June 6, 2023.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Miranda Sweet to approve the minutes of the City Council Work Session of April 12, 2022, Regular Meeting of April 19, 2022, Budget Retreat of April 21, 2022, Budget Retreat of April 22, 2022, Special Work Session of April 25, 2022, Special Work Session of April 28, 2022, Regular Meeting of April 4, 2023, CIP Budget Retreat of April 7, 2023, Regular Meeting of April 18, 2023, Special Meeting (Executive Session) of April 28, 2023, Special Meeting (Executive Session) of May 2, 2023, Special Meeting (Executive Session) of May 23, 2023, Special Meeting (Executive Session) of May 30, 2023, and Special Meeting (Executive Session) of June 6, 2023.
Vote: 7 - 0 - Unanimously
5.
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.
Shawn Newell addressed Council about the Spruce Wash Channel Project and her concerns about the design and projected outcomes.
Sharon Tewksbury-Bloom addressed Council about the Spruce Wash Channel Project. She requested a deeper dive and consideration for maintaining the natural channel for flood mitigation.
Nate Spangler addressed Council about the Northern Arizona Healthcare development. He noted concerns about carbon neutrality and the precedent that would be set without requiring LEED standard certification and mitigation of their carbon footprint.
Dawn Tucker addressed Council and noted that City Hall should have a baby changing table. She spoke about the environmental impact of pickleball courts.
Audria Smith addressed Council about the nuisance noise generated by pickleball courts. She spoke in opposition to courts at Bushmaster Park.
Connie Folsum addressed Council in opposition of pickleball, specifically at Bushmaster Park. She noted that courts should be placed a minimum of 600 feet away from residential units.
Jill Stephenson addressed Council about climate action and the need for Flagstaff to set an example for the nation as a governing body concerned about the welfare of its residents.
Janie Helgeson, Membership Director for the YMCA, addressed Council to share information about ongoing camps and activities through July.
Steve Walter addressed Council in opposition to pickleball at Bushmaster Park.
Kathleen Day addressed Council in opposition to pickleball courts at Bushmaster Park.
James Schweikert submitted a written comment in opposition to pickleball courts at Bushmaster Park.
Sharon Tewksbury-Bloom addressed Council about the Spruce Wash Channel Project. She requested a deeper dive and consideration for maintaining the natural channel for flood mitigation.
Nate Spangler addressed Council about the Northern Arizona Healthcare development. He noted concerns about carbon neutrality and the precedent that would be set without requiring LEED standard certification and mitigation of their carbon footprint.
Dawn Tucker addressed Council and noted that City Hall should have a baby changing table. She spoke about the environmental impact of pickleball courts.
Audria Smith addressed Council about the nuisance noise generated by pickleball courts. She spoke in opposition to courts at Bushmaster Park.
Connie Folsum addressed Council in opposition of pickleball, specifically at Bushmaster Park. She noted that courts should be placed a minimum of 600 feet away from residential units.
Jill Stephenson addressed Council about climate action and the need for Flagstaff to set an example for the nation as a governing body concerned about the welfare of its residents.
Janie Helgeson, Membership Director for the YMCA, addressed Council to share information about ongoing camps and activities through July.
Steve Walter addressed Council in opposition to pickleball at Bushmaster Park.
Kathleen Day addressed Council in opposition to pickleball courts at Bushmaster Park.
James Schweikert submitted a written comment in opposition to pickleball courts at Bushmaster Park.
6.
PROCLAMATIONS AND RECOGNITIONS
A.
June Work Anniversaries
Senior Deputy City Manager Shannon Anderson provided a PowerPoint presentation that covered the following:
JUNE EMPLOYEE WORK ANNIVERSARIES!
FIVE YEAR ANNIVERSARIES
TEN YEAR ANNIVERSARIES
FIFTEEN YEAR ANNIVERSARIES
25 YEARS PLUS!!
JUNE EMPLOYEE WORK ANNIVERSARIES!
FIVE YEAR ANNIVERSARIES
TEN YEAR ANNIVERSARIES
FIFTEEN YEAR ANNIVERSARIES
25 YEARS PLUS!!
7.
COUNCIL LIAISON REPORTS
Councilmember Matthews reported that she attended the CJCC meeting where there was good information shared and good collaboration between all the entities represented.
Councilmember Harris reported that she attended the Parks and Recreation Commission meeting where they discussed the Observatory Mesa Trail Plan and the cemetery fee structure.
Vice Mayor Aslan noted that he met with Creative Flagstaff and the Fire Union and that he would be attending the upcoming Sustainability and Tourism commission meetings.
Councilmember Sweet stated that she would be meeting with Mountain Line and NACOG. She would also be touring the Wildcat Hill Water Reclamation Plant with the Water Commission.
Councilmember House noted that the Housing Commission meeting was cancelled for that week.
Councilmember Harris reported that she attended the Parks and Recreation Commission meeting where they discussed the Observatory Mesa Trail Plan and the cemetery fee structure.
Vice Mayor Aslan noted that he met with Creative Flagstaff and the Fire Union and that he would be attending the upcoming Sustainability and Tourism commission meetings.
Councilmember Sweet stated that she would be meeting with Mountain Line and NACOG. She would also be touring the Wildcat Hill Water Reclamation Plant with the Water Commission.
Councilmember House noted that the Housing Commission meeting was cancelled for that week.
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.
Councilmember Matthews requested Item 8I be pulled for a separate vote because she was part of
the evaluation team and was not able to vote on the item.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Miranda Sweet to approve the Consent Agenda as presented with the exception of Item 8I.
Vote: 7 - 0 - Unanimously
A.
Consideration of Appointments: Presiding Magistrate and On-Call Magistrate for the Flagstaff Municipal Court.
Approve the appointments of Honorable Thomas Chotena as Presiding Magistrate and Honorable Paul Julien as On-Call Magistrate.
Approve the appointments of Honorable Thomas Chotena as Presiding Magistrate and Honorable Paul Julien as On-Call Magistrate.
B.
Consideration and Approval of Contract Addendum: Second Addendum, and Third Addendum to the Lease of the Hopi Building at Heritage Square for Office Space
- Ratify Second Addendum; and
- Approve Third Addendum, to provide office space for City staff (ParkFlag and the Beautification, Arts and Sciences Program).
C.
STAFF RECOMMENDED ACTION:
Approve the Professional Services Agreement with Friedman Recycling Company for equipment, transportation, processing, and the recovery of recyclable materials; andAuthorize the City Manager to execute the necessary documents.
D.
Consideration and Approval of Contract: The Cooperative Purchase Contract with Russ Bassett Corp in the amount of $429,803 to replace and update the Computer Aided Dispatch (CAD) consoles in the Flagstaff Police Department Communications Center.
- Approve the Cooperative Purchase Contract through the HGAC Cooperative Contract EC07-20 with Russ Bassett Corp. in the amount of $429,803 to replace and update the CAD consoles in the Flagstaff Police Department Communications Center; and
- Authorize the City Manager to execute all necessary documents.
E.
Consideration and Approval of Agreement: Approve an Agreement with Flagstaff Shelter Services in the amount of $100,000.00 distributed from the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds.
- Approve an Agreement with Flagstaff Shelter Services for the Hotel to Housing Program utilizing $100,000.00 of the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds; and
- Authorize the City Manager to execute the necessary documents.
F.
Consideration and Approval of Agreement: Approve an Agreement with Housing Solutions of Northern Arizona in the amount of $500,000 distributed from the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds.
- Approve an Agreement with Housing Solutions of Northern Arizona for the JoJo's Place Transitional Housing Project utilizing $500,000.00 of the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds; and
- Authorize the City Manager to execute the necessary documents.
G.
Consideration and Approval of Contract: A Cooperative Purchase Contract with PFVT Motors, LLC DBA Peoria Ford for an F150 Pick Up Truck, in the amount of $67,562.10, plus additional fees and taxes.
- Approve the Cooperative Purchase Contract with PFVT Motors, LLC DBA Peoria Ford for an F150 Pick Up Truck, in the amount of $67,562.10, plus additional fees and taxes; and
- Authorize the City Manager to execute the necessary documents.
H.
STAFF RECOMMENDED ACTION:
Ratify the First Amendment to the Emergency Contract for the Purchase of Materials/Services with Joe Dirt Excavating, Inc. for emergency hauling services of commingled recyclables in an additional amount of $100,000 (for a total Contract amount not to exceed of $300,000); andAuthorize the City Manager to execute the necessary documents.
I.
Consideration and Approval of Contract: Contract for Professional Audit Services with Heinfeld, Meech & Co., PC in the amount of $423,100.00
Moved by Councilmember Jim McCarthy, seconded by Councilmember Deborah Harris to approve a Contract for Professional Audit Services with Heinfeld, Meech & Co., PC to perform annual audits of the City's financial records for four (4) years. June 30, 2023 through June 30, 2026, with option to extend for three (3) one (1) year terms, at the annual fees as follows:
- June 30, 2023: $100,000
- June 30, 2024: $103,000
- June 30, 2025: $110,850
- June 30, 2026: $109,250
Vote: 6 - 0
J.
Consideration and Approval of Cooperative Purchase Contract: with Hye Tech Network & Security Solutions LLC in the amount of $129,217.39, in addition to other fees and taxes, for Cisco network equipment, licensing, and support/maintenance for 3 years.
- Approval of Cooperative Purchase Contract with Hye Tech Network & Security Solutions, LLC in the amount of $129,217.39, in addition to other fees and taxes, for Cisco network equipment, licensing, and support/maintenance for 3 years; and
- Authorize the City Manager to execute the necessary documents.
K.
Consideration and Approval of Ratifying the Grant Agreement: Ratifying the Grant Agreement in the amount of $679,118 between the City of Flagstaff and the U.S. Department of Agriculture, Natural Resources Conservation Service, Emergency Watershed Protection Program for the Schultz Creek Channel Stabilization Project.
- Ratify the Grant Agreement with the U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS) in the amount of $679,118; and
- Direct the City Manager to execute the necessary documents.
L.
Consideration and Approval of Contract: Award a contract to the Community Assistance Teams of Flagstaff for the Engage, Empower, Elevate Program in an amount of a $30,000 grant from the State of Arizona with a $30,000 match from the City of Flagstaff for a total not to exceed $60,000 in year one.
- Award a contract to the Community Assistance Teams of Flagstaff (CATS) for the Engage, Empower, Elevate Program (E3) in an amount of a $30,000 grant from the State of Arizona with a $30,000 match from the City of Flagstaff for a total not to exceed $60,000 in year one; and
- Authorize the City manager to execute the necessary documents.
9.
ROUTINE ITEMS
A.
Consideration and Approval: Professional Services Agreement with Friedman Recycling Company for equipment, transportation, processing, and the recovery of recyclable materials.
Solid Waste Section Director Evan Tyrrell addressed Council and stated that the Materials Recovery Facility (MRF) was reverted to the city back in April 2023. Since that time the facility had been cleaned, organized, and evaluated for future use. Staff had obtained multiple quotes from hauling and processing companies to provide hauling of materials to Phoenix for processing. Friedman Recycling would be able to process the recyclable materials and Joe Dirt Excavating would be able to haul those materials from Flagstaff to the Phoenix processing location. The intention was to maintain the operation while seeking more efficient means and methods for Flagstaff's recycling services.
Al White addressed Council in support of the agreement with Friedman. He noted that they had been around for a long time and were a very reputable and reliable firm. He stated that it was important to begin a comprehensive education program to remind the public of what was recyclable to reduce contamination rates.
Ward Davis addressed Council in support of the Friedman contract. He indicated that Friedman charged a financial penalty for contamination so education on proper recycling was paramount. He suggested imposing penalties on people who did not recycle appropriately to encourage better behavior.
Council expressed appreciation to staff for their quick response to the unanticipated events surrounding the recycling program. Mr. Clifton echoed that appreciation and noted that discussions were ongoing regarding reeducation programs and future operations.
Al White addressed Council in support of the agreement with Friedman. He noted that they had been around for a long time and were a very reputable and reliable firm. He stated that it was important to begin a comprehensive education program to remind the public of what was recyclable to reduce contamination rates.
Ward Davis addressed Council in support of the Friedman contract. He indicated that Friedman charged a financial penalty for contamination so education on proper recycling was paramount. He suggested imposing penalties on people who did not recycle appropriately to encourage better behavior.
Council expressed appreciation to staff for their quick response to the unanticipated events surrounding the recycling program. Mr. Clifton echoed that appreciation and noted that discussions were ongoing regarding reeducation programs and future operations.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Miranda Sweet to approve the Professional Services Agreement with Friedman Recycling Company for equipment, transportation, processing, and the recovery of recyclable materials and authorize the City Manager to execute the necessary documents.
Vote: 7 - 0 - Unanimously
B.
Consideration and Ratification of Contract Amendment: Ratification of the First Amendment to the Emergency Contract for the purchase of Materials/Services with Joe Dirt Excavating, Inc. for emergency hauling services of commingled recyclables in an additional amount of $100,000 (for a total Contract amount not to exceed of $300,000).
Moved by Councilmember Jim McCarthy, seconded by Councilmember Miranda Sweet to ratify the First Amendment to the Emergency Contract for the Purchase of Materials/Services with Joe Dirt Excavating, Inc. for emergency hauling services of commingled recyclables in an additional amount of $100,000 (for a total Contract amount not to exceed of $300,000) and authorize the City Manager to execute the necessary documents.
Vote: 7 - 0 - Unanimously
10.
PUBLIC HEARING ITEMS
A.
Public Hearing, 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.
Mayor Daggett opened the public hearing.
Associate Planner Wesley Welch provided a PowerPoint presentation that covered the following:
OCEAN BLUE CARWASH WOODLANDS VILLAGE DIRECT TO ORDINANCE ZONING MAP AMENDMENT
OCEAN BLUE CARWASH
SITE HISTORY
PROPERTY CONTEXT MAP
TYPES OF ZONING MAP AMENDMENTS
OCEAN BLUE CARWASH SITE PLAN
PARKING CALCULATIONS
PROPOSED BUILDING ELEVATIONS
LANDSCAPING PLAN
FUTURE DEVELOPMENT ON THE SITE
IMPACT ANALYSES
ZONING MAP AMENDMENT FINDINGS
FINDING #1
FINDING #2
FINDING #3
CITIZEN PARTICIPATION PLAN
STAFF RECOMMENDATION
There being no public comment, Mayor Daggett closed the public hearing.
Associate Planner Wesley Welch provided a PowerPoint presentation that covered the following:
OCEAN BLUE CARWASH WOODLANDS VILLAGE DIRECT TO ORDINANCE ZONING MAP AMENDMENT
OCEAN BLUE CARWASH
SITE HISTORY
PROPERTY CONTEXT MAP
TYPES OF ZONING MAP AMENDMENTS
OCEAN BLUE CARWASH SITE PLAN
PARKING CALCULATIONS
PROPOSED BUILDING ELEVATIONS
LANDSCAPING PLAN
FUTURE DEVELOPMENT ON THE SITE
IMPACT ANALYSES
ZONING MAP AMENDMENT FINDINGS
FINDING #1
FINDING #2
FINDING #3
CITIZEN PARTICIPATION PLAN
STAFF RECOMMENDATION
There being no public comment, Mayor Daggett closed the public hearing.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Lori Matthews to read Ordinance No. 2023-20 by title only for the first time.
Vote: 7 - 0 - Unanimously
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 GENERALLY LOCATED AT 1899 S WOODLANDS VILLAGE BOULEVARD, FROM THE LIGHT INDUSTRIAL OPEN (LI-O) ZONE WITH A RESOURCE PROTECTION OVERLAY (RPO) TO THE HIGHWAY COMMERCIAL (HC) ZONE WITH A RESOURCE PROTECTION OVERLAY (RPO), PROVIDING FOR SEVERABILITY, AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE
B.
Public Hearing: Fiscal Year 2023-2024 Budget and Property Tax Levy
Mayor Daggett opened the public hearing.
Finance Director Brandi Suda provided a PowerPoint presentation that covered the following:
CITY OF FLAGSTAFF FY 2023-2024 BUDGET AND PROPERTY TAXES
BUDGET TIMELINE
LEGAL SCHEDULE A
PROPOSED PROPERTY TAX
PROPERTY TAX RATE HISTORY
PROPERTY ASSESSED VALUES
CITY PROPERTY TAX IMPACT
Councilmember McCarthy stated that it was significant to note that while many of the taxes were going up, the city property tax was not; the organization had been able to continue getting the work done within the budget that it had available.
There being no public comment, Mayor Daggett closed the public hearing.
The City Council convened into a Special Meeting at 4:18 p.m.
Finance Director Brandi Suda provided a PowerPoint presentation that covered the following:
CITY OF FLAGSTAFF FY 2023-2024 BUDGET AND PROPERTY TAXES
BUDGET TIMELINE
LEGAL SCHEDULE A
PROPOSED PROPERTY TAX
PROPERTY TAX RATE HISTORY
PROPERTY ASSESSED VALUES
CITY PROPERTY TAX IMPACT
Councilmember McCarthy stated that it was significant to note that while many of the taxes were going up, the city property tax was not; the organization had been able to continue getting the work done within the budget that it had available.
There being no public comment, Mayor Daggett closed the public hearing.
The City Council convened into a Special Meeting at 4:18 p.m.
11.
SPECIAL MEETING
A.
Consideration and Adoption of Resolution No. 2023-37: A resolution of the Council of the City of Flagstaff, Arizona, adopting the Budget for the City of Flagstaff for Fiscal Year 2023-2024.
Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to read Resolution No. 2023-37 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA ADOPTING THE BUDGET FOR THE CITY OF FLAGSTAFF FOR FISCAL YEAR 2023-2024.
Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to adopt Resolution No. 2023-37.
Vote: 7 - 0 - Unanimously
Mayor Daggett adjourned the Special Meeting and the City Council reconvened into the Regular Meeting at 4:19 p.m.
12.
REGULAR AGENDA
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)
Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to read Ordinance No. 2023-15 by title only for the first time.
Vote: 7 - 0 - Unanimously
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
B.
Consideration and Adoption of Resolution No. 2023-36: A resolution of the Flagstaff City Council adopting the City of Flagstaff Public Safety Personnel Retirement System Pension Funding Policy; delegating authority; and establishing an effective date.
Management Services Director Rick Tadder stated that the resolution was an annual administrative process required by state statute. Flagstaff was still over 100% funded in its public safety plans and there were no recommended adjustments.
Council offered gratitude for finding solutions for the pension challenges. It was a big problem and now was funded at more than 100%.
Council offered gratitude for finding solutions for the pension challenges. It was a big problem and now was funded at more than 100%.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Miranda Sweet to read Resolution No. 2023-36 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL ADOPTING THE CITY OF FLAGSTAFF PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM PENSION FUNDING POLICY; DELEGATING AUTHORITY; AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Jim McCarthy, seconded by Councilmember Miranda Sweet to adopt Resolution No. 2023-36.
Vote: 7 - 0 - Unanimously
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".
Public Affairs Director Sarah Langley, Community Development Director Dan Folke, and Senior Assistant City Attorney Anja Wendel provided a PowerPoint presentation that covered the following:
SHORT TERM RENTAL ORDINANCE
LICENSE PROGRAM HIGHLIGHTS
ORDINANCE UPDATES
PROHIBITED USES
NEIGHBOR NOTIFICATION
POSTING ON THE PROPERTY
VERIFIED VIOLATIONS
PENALTIES FOR VERIFIED VIOLATIONS
Mayor Daggett asked if there was anything in the County's ordinance that staff felt pertinent to add or change within the city ordinance. Ms. Wendel stated that one difference was that the County would charge a $250 annual fee. Staff did not feel a need to increase the city's fee, but it was something that could be considered in the future should there be a need.
SCHEDULE OF EVENTS
Councilmember House stated that it would be important to make very clear what the ordinance was and was not and what it could and could not do. The city had very little control over short-term rentals outside of a licensing process and the community must be fully aware of the constraints placed upon the city.
Councilmember Harris stated that a Frequently Asked Questions document may be helpful to the process and the public.
Councilmember Sweet asked if the proposed fee would cover enforcement and other operations associated with implementation of the ordinance. Management Services Director Rick Tadder stated that a rate analysis was done that considered the cost and staff time associated with implementation and enforcement of the ordinance. Growth and inflation was not considered as part of the study and he suggested that a $5 annual increase could be built into the ordinance to cover that.
Councilmembers Sweet and McCarthy voiced their support for a $5 annual increase to the fee.
BK Tucker addressed Council and thanked them for their thoughtful consideration of the annual fee. She also noted support for tracking owner-occupied short-term rentals; it was an important distinction in management and enforcement.
CJ deVries addressed Council and stated that the proposed ordinance conflicted with SB1168. He stated that neighbor notification could not be included in the application. The application could not require the disclosure of the status of the occupancy of the home. He also stated that it should be noted that the city must respond to an applicant within seven days to issue or deny an application. Finally, he stated that the applicant should not be precluded from correcting/submitting an application after the ten-day period currently proposed in the ordinance.
Connie Taylor submitted a written comment in opposition to the short-term license fee.
Ms. Wendel stated that staff would take the suggestions under advisement and share any changes prior to the final read.
SHORT TERM RENTAL ORDINANCE
LICENSE PROGRAM HIGHLIGHTS
ORDINANCE UPDATES
PROHIBITED USES
NEIGHBOR NOTIFICATION
POSTING ON THE PROPERTY
VERIFIED VIOLATIONS
PENALTIES FOR VERIFIED VIOLATIONS
Mayor Daggett asked if there was anything in the County's ordinance that staff felt pertinent to add or change within the city ordinance. Ms. Wendel stated that one difference was that the County would charge a $250 annual fee. Staff did not feel a need to increase the city's fee, but it was something that could be considered in the future should there be a need.
SCHEDULE OF EVENTS
Councilmember House stated that it would be important to make very clear what the ordinance was and was not and what it could and could not do. The city had very little control over short-term rentals outside of a licensing process and the community must be fully aware of the constraints placed upon the city.
Councilmember Harris stated that a Frequently Asked Questions document may be helpful to the process and the public.
Councilmember Sweet asked if the proposed fee would cover enforcement and other operations associated with implementation of the ordinance. Management Services Director Rick Tadder stated that a rate analysis was done that considered the cost and staff time associated with implementation and enforcement of the ordinance. Growth and inflation was not considered as part of the study and he suggested that a $5 annual increase could be built into the ordinance to cover that.
Councilmembers Sweet and McCarthy voiced their support for a $5 annual increase to the fee.
BK Tucker addressed Council and thanked them for their thoughtful consideration of the annual fee. She also noted support for tracking owner-occupied short-term rentals; it was an important distinction in management and enforcement.
CJ deVries addressed Council and stated that the proposed ordinance conflicted with SB1168. He stated that neighbor notification could not be included in the application. The application could not require the disclosure of the status of the occupancy of the home. He also stated that it should be noted that the city must respond to an applicant within seven days to issue or deny an application. Finally, he stated that the applicant should not be precluded from correcting/submitting an application after the ten-day period currently proposed in the ordinance.
Connie Taylor submitted a written comment in opposition to the short-term license fee.
Ms. Wendel stated that staff would take the suggestions under advisement and share any changes prior to the final read.
Moved by Councilmember Miranda Sweet, seconded by Councilmember Lori Matthews to read Resolution No. 2023-38 by title only with the addition of a $5 yearly increase and a financial review in three years.
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 "2023 SHORTTERM RENTAL CODE" AS AMENDED
Moved by Councilmember Jim McCarthy, seconded by Councilmember Lori Matthews to read Ordinance No. 2023-16 by title only for the first time as amended with the addition of a $5 yearly increase and a financial review in three years.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF CITY CODE, TITLE 3 BUSINESS REGULATIONS, BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2023 SHORT TERM RENTAL CODE"; PROVIDING FOR PENALTIES, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE AS AMENDED
D.
Consideration and Approval: Stormwater Strategic Plan 2028
Stormwater Manager Ed Schenk provided a PowerPoint presentation that covered the following:
STORMWATER STRATEGIC PLAN 2028
PURPOSE OF THE STRATEGIC PLAN
ELEMENTS OF THE STRATEGIC PLAN
STRATEGIC FOUNDATION
STORMWATER BASICS
STRATEGIC OBJECTIVES
STRATEGIC OBJECTIVE NO. 1 RESPOND TO WILDFIRE FLOODING RISKS AND EVENTS
STRATEGIC OBJECTIVE NO. 2 CLARIFY CLIMATE CHANGE CHARACTERISTICS AND OVERALL STORMWATER CHALLENGES
STRATEGIC OBJECTIVE NO. 3 MAXIMIZE/OPTIMIZE STORMWATER SYSTEM MAINTENANCE
STRATEGIC OBJECTIVE NO. 4 CLARIFY SERVICES LEVELS AND ENHANCE CUSTOMER SERVICE
STRATEGIC OBJECTIVE NO. 5 INCREASE SUPPORT FOR FLOODPROOFING OF INDIVIDUAL STRUCTURES
STRATEGIC OBJECTIVE NO. 6 ENHANCE CIP PROCESS AND UPDATE CIP PRIORITIES
STRATEGIC OBJECTIVE NO. 7 ENHANCE DEVELOPMENT REVIEW PROCESS AND DEVELOPER SUPPORT
STRATEGIC OBJECTIVE NO. 8 IMPROVE COLLABORATION AND COMMUNICATIONS
STRATEGIC OBJECTIVE NO. 9 ADDRESS STORMWATER SECTION HUMAN RESOURCE NEEDS
STORMWATER STRATEGIC PLAN 2028
PURPOSE OF THE STRATEGIC PLAN
ELEMENTS OF THE STRATEGIC PLAN
STRATEGIC FOUNDATION
STORMWATER BASICS
STRATEGIC OBJECTIVES
STRATEGIC OBJECTIVE NO. 1 RESPOND TO WILDFIRE FLOODING RISKS AND EVENTS
STRATEGIC OBJECTIVE NO. 2 CLARIFY CLIMATE CHANGE CHARACTERISTICS AND OVERALL STORMWATER CHALLENGES
STRATEGIC OBJECTIVE NO. 3 MAXIMIZE/OPTIMIZE STORMWATER SYSTEM MAINTENANCE
STRATEGIC OBJECTIVE NO. 4 CLARIFY SERVICES LEVELS AND ENHANCE CUSTOMER SERVICE
STRATEGIC OBJECTIVE NO. 5 INCREASE SUPPORT FOR FLOODPROOFING OF INDIVIDUAL STRUCTURES
STRATEGIC OBJECTIVE NO. 6 ENHANCE CIP PROCESS AND UPDATE CIP PRIORITIES
STRATEGIC OBJECTIVE NO. 7 ENHANCE DEVELOPMENT REVIEW PROCESS AND DEVELOPER SUPPORT
STRATEGIC OBJECTIVE NO. 8 IMPROVE COLLABORATION AND COMMUNICATIONS
STRATEGIC OBJECTIVE NO. 9 ADDRESS STORMWATER SECTION HUMAN RESOURCE NEEDS
Moved by Councilmember Jim McCarthy, seconded by Councilmember Miranda Sweet to approve the draft Stormwater Strategic Plan 2028.
Vote: 7 - 0 - Unanimously
E.
Consideration and Adoption of Resolution No. 2023-14: A resolution of the City Council of the City of Flagstaff adopting the revised 2023 Stormwater Credit Manual for the City of Flagstaff
Mr. Schenk provided a PowerPoint presentation that covered the following:
2023 STORMWATER CREDIT MANUAL
OVERVIEW
REVIEW OF 2022 CREDIT MANUAL
PROPOSED REVISIONS
EXAMPLE
Councilmember Matthews asked about the calculation of fees. Mr. Schenk stated that the fee was based on the Estimate Residential Units (ERU) that included the compacted surface. There were some changes to the calculation with the stormwater rate adjustment; for residential the ERU cap went from five to ten. It was also discovered that there were rural properties that had not been charged correctly or at all which required a review and update of the data.
2023 STORMWATER CREDIT MANUAL
OVERVIEW
REVIEW OF 2022 CREDIT MANUAL
PROPOSED REVISIONS
EXAMPLE
Councilmember Matthews asked about the calculation of fees. Mr. Schenk stated that the fee was based on the Estimate Residential Units (ERU) that included the compacted surface. There were some changes to the calculation with the stormwater rate adjustment; for residential the ERU cap went from five to ten. It was also discovered that there were rural properties that had not been charged correctly or at all which required a review and update of the data.
Moved by Councilmember Lori Matthews, seconded by Councilmember Jim McCarthy to read Resolution No. 2023-14 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF ADOPTING THE 2023 REVISED STORMWATER CREDIT MANUAL FOR THE CITY OF FLAGSTAFF
Moved by Councilmember Lori Matthews, seconded by Councilmember Deborah Harris to adopt Resolution No. 2023-14.
Vote: 7 - 0 - Unanimously
F.
Consideration and Adoption of Resolution No. 2023-33: A resolution of the Flagstaff City Council, approving the Intergovernmental Agreement between Coconino County, the Superior Court of Coconino County, and the City of Flagstaff for Courthouse Court Security Services.
Court Administrator Jessica Cortes addressed Council and stated that the agreement was to provide Court Security Services at the Municipal Court.
Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to read Resolution No. 2023-33 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN COCONINO COUNTY AND THE CITY OF FLAGSTAFF FOR COURTHOUSE COURT SECURITY SERVICES
Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to adopt Resolution No. 2023-33.
Vote: 7 - 0 - Unanimously
G.
Consideration and Adoption of Resolution No. 2023-34: A resolution approving the second amendment to the Information System Specialist Intergovernmental Agreement between the City of Flagstaff and Coconino County to add Coconino County Superior Court as a party to this Intergovernmental Agreement and to amend the funding schedule.
Ms. Cortes addressed Council and stated that the amendment added Coconino County Superior
Court as a party to the Intergovernmental Agreement for information technology services and
amended the funding schedule accordingly.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Miranda Sweet to read Resolution No. 2023-34 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN COCONINO COUNTY SUPERIOR COURT, COCONINO COUNTY AND THE CITY OF FLAGSTAFF FOR COUNTY WIDE INFORMATION SYSTEM SPECIALISTS
Moved by Councilmember Jim McCarthy, seconded by Councilmember Miranda Sweet to adopt Resolution No. 2023-34.
Vote: 7 - 0 - Unanimously
H.
Consideration and Adoption of Resolution No. 2023-35: A resolution approving amendment number two to the Intergovernmental Agreement (IGA) for interpreter and interpreter coordination between the City of Flagstaff and Coconino County to add Coconino County Superior Court as a party to this Intergovernmental Agreement and to amend the funding schedule.
Ms. Cortes addressed Council and stated that the amendment would add Coconino County Superior Court as a party to the Intergovernmental Agreement for interpreter services and amended the funding schedule accordingly.
Moved by Councilmember Lori Matthews, seconded by Councilmember Deborah Harris to read Resolution No. 2023-35 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN COCONINO COUNTY SUPERIOR COURT, COCONINO COUNTY AND THE CITY OF FLAGSTAFF FOR INTERPRETER AND INTERPRETER COORDINATION
Moved by Councilmember Lori Matthews, seconded by Councilmember Deborah Harris to adopt Resolution No. 2023-35.
Vote: 7 - 0 - Unanimously
I.
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.
Community Investment Director Dave McIntire addressed Council and stated that that in June 2021 the Council approved an ordinance to acquire property for the Lone Tree Overpass project. As the design progressed, additional parcels had been identified for acquisition or temporary rights. A majority of the properties were owned by BNSF Railway and there was hope that the city might be able to get some of them donated.
Moved by Councilmember Deborah Harris, seconded by Councilmember Lori Matthews to read Ordinance No. 2023-14 by title only for the first time.
Vote: 7 - 0 - Unanimously
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 COUNCIL APPROVALS, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
J.
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
Real Estate Manager Bryce Doty provided a PowerPoint presentation that covered the following:
ABANDONMENT REQUEST 1400 RT. 66
VICINITY MAP
AERIAL MAP
PICTURES OF THE AREA
SITE PLAN
Councilmember Matthews asked what happened if they were outbid. Mr. Doty stated that the city had the ability to reject all bids and the contract would come back to Council for consideration.
ABANDONMENT REQUEST 1400 RT. 66
VICINITY MAP
AERIAL MAP
PICTURES OF THE AREA
SITE PLAN
Councilmember Matthews asked what happened if they were outbid. Mr. Doty stated that the city had the ability to reject all bids and the contract would come back to Council for consideration.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Lori Matthews to read Ordinance No. 2023-17 by title only for the first time.
Vote: 7 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF ABANDONING AN 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
K.
Consideration and Approval of Preliminary Plat: PZ-21-00126-09, Northern Arizona Healthcare (NAH) Corporation requests Preliminary Plat approval for the NAH Health Village Phase 1 Block Plat located at 1120 W Purple Sage Trail, a proposed mixed-use development subdivision on 172.62 acres in the Estate Residential, Rural Residential, and Single-family Residential zones.
Zoning Code Manager Tiffany Antol provided a PowerPoint presentation that covered the following:
PRELIMINARY BLOCK PLAT NORTHERN ARIZONA HEALTHCARE HEALTH VILLAGE
NORTHERN ARIZONA HEALTHCARE HEALTH VILLAGE
NAH HEALTH VILLAGE PROPERTY CONTEXT MAP
NAH HEALTH VILLAGE PRELIMINARY BLOCK PLAT
SUBDIVISION PLAT FINDINGS
REQUIRED FINDINGS
REQUIRED FINDING #1: ZONING CODE (TITLE 10)
EXISTING ZONING
PROPOSED ZONING
NAH PHASE 1 CONCEPT PLAN
RESOURCE PROTECTION
OPEN SPACE & CIVIC SPACE
PED & BIKE CIRCULATION SYSTEM
REQUIRED FINDING #2: ENGINEERING STANDARDS (TITLE 13)
PHASE 1 TIA
WATER SEWER IMPACT ANALYSIS (WSIA)
STORMWATER ANALYSIS
REQUIRED FINDING #3: SUBDIVISIONS STANDARDS (TITLE 11)
MEETS SUBDIVISION AND LAND SPLIT REGULATIONS (CHAPTER 11-20)
RECOMMENDATION
PRELIMINARY BLOCK PLAT NORTHERN ARIZONA HEALTHCARE HEALTH VILLAGE
NORTHERN ARIZONA HEALTHCARE HEALTH VILLAGE
NAH HEALTH VILLAGE PROPERTY CONTEXT MAP
NAH HEALTH VILLAGE PRELIMINARY BLOCK PLAT
SUBDIVISION PLAT FINDINGS
REQUIRED FINDINGS
REQUIRED FINDING #1: ZONING CODE (TITLE 10)
EXISTING ZONING
PROPOSED ZONING
NAH PHASE 1 CONCEPT PLAN
RESOURCE PROTECTION
OPEN SPACE & CIVIC SPACE
PED & BIKE CIRCULATION SYSTEM
REQUIRED FINDING #2: ENGINEERING STANDARDS (TITLE 13)
PHASE 1 TIA
WATER SEWER IMPACT ANALYSIS (WSIA)
STORMWATER ANALYSIS
REQUIRED FINDING #3: SUBDIVISIONS STANDARDS (TITLE 11)
MEETS SUBDIVISION AND LAND SPLIT REGULATIONS (CHAPTER 11-20)
RECOMMENDATION
Moved by Councilmember Jim McCarthy, seconded by Councilmember Miranda Sweet to approve the preliminary plat in accordance with the findings presented in this report and the Planning & Zoning Commission recommendation of approval (5-0 on June 14, 2023).
Vote: 7 - 0 - Unanimously
L.
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
City Clerk Stacy Saltzburg addressed Council and stated that in 2022, the City Manager combined
the Public Affairs Section and the City Clerk Section to create the City Clerk Division. There was a
desire to rename the Division to a name that better encompassed the entirety of operations and
functions within the Division. The core purpose of the Division was engagement with the
community. They communicated heavily through all forms of media and facilitated citizen
communication with their elected officials. They built relationships with the city's Indigenous
neighbors and students, conducted elections, preserved the city's history, ensured transparency in
government operations, and ensured compliance with the community's desired labor standards. In
its entirety, they provided communication to the community and encouraged citizens to engage and participate with their government. The proposed name of Communication and Civic Engagement
was a good representation of all the functions of the Division.
Moved by Councilmember Deborah Harris, seconded by Councilmember Miranda Sweet to read Ordinance No. 2023-19 by title only for the first time.
Vote: 7 - 0 - Unanimously
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; PROVIDING REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE
M.
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
Ms. Saltzburg addressed Council and stated that the ordinance would amend the city code to clarify that initiative and referendum measures could be held at special elections.
State law allowed for local initiative and referendum measures to be held at special elections so long as the City Council adopted an ordinance granting that authority. Due to the infrequent nature of initiatives and referendums, a special election had not been needed for that purpose because the timing of prior initiatives and referendums had aligned with the regular election cycle.
Staff would like to update the city code to provide Council the ability to call a special election, if desired, for the purpose of an initiative or referendum. The change did not obligate the city to hold an initiative or referendum measure at a special election, it only provided the ability to do so if desired by Council.
State law allowed for local initiative and referendum measures to be held at special elections so long as the City Council adopted an ordinance granting that authority. Due to the infrequent nature of initiatives and referendums, a special election had not been needed for that purpose because the timing of prior initiatives and referendums had aligned with the regular election cycle.
Staff would like to update the city code to provide Council the ability to call a special election, if desired, for the purpose of an initiative or referendum. The change did not obligate the city to hold an initiative or referendum measure at a special election, it only provided the ability to do so if desired by Council.
Moved by Councilmember Deborah Harris, seconded by Councilmember Miranda Sweet to read Ordinance No. 2023-18 by title only for the first time.
Vote: 7 - 0 - Unanimously
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
N.
Consideration and Adoption of Resolution No. 2023-39: A resolution of the Flagstaff City Council ordering and calling a Special Election of the City for November 7, 2023, to submit questions to the qualified electors of Flagstaff with respect to amendments to the Flagstaff City Charter and a potential question proposed by referendum related to Ordinance No. 2023-11
Ms. Saltzburg addressed Council and stated that the resolution was to call a special election for November 7, 2023 to advance charter amendments for consideration of the voters. In May 2023 Council gave direction to advance 20 City Charter amendments to the voters in November 2023. Since that time, staff have worked to verify and refine the ballot language for each proposed amendment. During the verification process, one question was eliminated, which left a total of 19 proposed amendments. The eliminated question was related to voter registration and what currently existed within the Charter was correct with no modification needed.
In addition to the Charter amendments, a referendum was being circulated with regards to Ordinance No. 2023-11. The filing period for the referendum ended on July 6, 2023. It was not known if the referendum would qualify for placement on the ballot within the time frame required to advertise for pro/con statements from the public. As such, the referendum was included in the resolution, contingent upon the qualification of signatures. Pro/con statements from the public would be accepted for both the City Charter amendments and the potential referendum, with the understanding that the referendum question may not be placed on the ballot, in which case the arguments related to the referendum would not be included in the publicity pamphlet.
Councilmember McCarthy expressed concern about the amendment that would allow Council to adjust the signature requirement for candidate petitions by ordinance. He felt that the number of signatures should be set within the Charter, not through an ordinance.
Council discussed the proposed amendment and how the change would allow the Council to change the minimum number of signatures required.
Vice Mayor Aslan asked how the potential referendum might impact the success of the charter amendment questions. Ms. Saltzburg stated that elections held in the off years generally had lower voter turnout than regular elections during even-numbered years. That, combined with a ballot-bymail election, could result in a lower turnout. However, the referendum and the public interest in the matter may increase the turnout to more than what was typical. She also noted that the number of questions on the ballot could have an impact on the outcome of the election, but it was speculative at best.
Sabrina addressed Council and asked why there was such a rush to place the questions on the ballot.
In addition to the Charter amendments, a referendum was being circulated with regards to Ordinance No. 2023-11. The filing period for the referendum ended on July 6, 2023. It was not known if the referendum would qualify for placement on the ballot within the time frame required to advertise for pro/con statements from the public. As such, the referendum was included in the resolution, contingent upon the qualification of signatures. Pro/con statements from the public would be accepted for both the City Charter amendments and the potential referendum, with the understanding that the referendum question may not be placed on the ballot, in which case the arguments related to the referendum would not be included in the publicity pamphlet.
Councilmember McCarthy expressed concern about the amendment that would allow Council to adjust the signature requirement for candidate petitions by ordinance. He felt that the number of signatures should be set within the Charter, not through an ordinance.
Council discussed the proposed amendment and how the change would allow the Council to change the minimum number of signatures required.
Vice Mayor Aslan asked how the potential referendum might impact the success of the charter amendment questions. Ms. Saltzburg stated that elections held in the off years generally had lower voter turnout than regular elections during even-numbered years. That, combined with a ballot-bymail election, could result in a lower turnout. However, the referendum and the public interest in the matter may increase the turnout to more than what was typical. She also noted that the number of questions on the ballot could have an impact on the outcome of the election, but it was speculative at best.
Sabrina addressed Council and asked why there was such a rush to place the questions on the ballot.
Moved by Councilmember Deborah Harris, seconded by Councilmember Miranda Sweet to read Resolution No. 2023-39 by title only.
Vote: 7 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL ORDERING AND CALLING A SPECIAL ELECTION OF THE CITY FOR NOVEMBER 7, 2023, TO SUBMIT QUESTIONS TO THE QUALIFIED ELECTORS OF FLAGSTAFF WITH RESPECT TO AMENDMENTS TO THE FLAGSTAFF CITY CHARTER AND A POTENTIAL QUESTION PROPOSED BY REFERENDUM RELATED TO ORDINANCE NO. 2023-11
Moved by Councilmember Deborah Harris, seconded by Councilmember Miranda Sweet to adopt Resolution No. 2023-39.
Vote: 7 - 0 - Unanimously
Vice Mayor Aslan left the meeting at 6:18 p.m.
A break was held from 6:18 p.m. through 6:39 p.m.
A break was held from 6:18 p.m. through 6:39 p.m.
O.
Discussion and Possible Action: Use of the Council Initiative Fund
Mayor Daggett stated that there had been discussion about possibly sponsoring a movie for Movies on the Square as well as the Youth Poet Lauriate.
Councilmember McCarthy asked if the funding could be combined with the funding allocated to build pickleball courts at Bushmaster Park to move the courts to the Thorpe Park dog park.
Mr. Clifton stated that the initiative fund was not a rollover fund so the funds must be expended prior to the end of the fiscal year.
Councilmember House stated that she would like to see some funding provided to the Youth Poet Laureate. Mayor Daggett suggested $5,000.
Councilmember McCarthy asked if the funding could be combined with the funding allocated to build pickleball courts at Bushmaster Park to move the courts to the Thorpe Park dog park.
Mr. Clifton stated that the initiative fund was not a rollover fund so the funds must be expended prior to the end of the fiscal year.
Councilmember House stated that she would like to see some funding provided to the Youth Poet Laureate. Mayor Daggett suggested $5,000.
Moved by Councilmember Deborah Harris, seconded by Councilmember Jim McCarthy to allocate $5,000 from the Council Initiative Fund to the Book Festival to support the Youth Poetl Lauriete for Fiscal Year 2022-2023 and $2,000 to support two Movies on the Square in Fiscal Year 2023-2024.
Vote: 6 - 0 - Unanimously
13.
DISCUSSION ITEMS
A.
Downtown Snow Operations Discussion - Part 3 of 3
Parks, Recreation, Open Space, and Events Director Rebecca Sayers and Public Works Director Scott Overton provided a PowerPoint presentation that covered the following:
DOWNTOWN CITY SNOW OPERATIONS
PART 3 -- DOWNTOWN SNOW OPERATIONS
DISCUSSION INTENT
INFRASTRUCTURE
DOWNTOWN ALLEY NETWORK
SNOW OPERATIONS
POST STORM SNOW OPERATIONS
IMPACTS AND CONCERNS
CODE COMPLIANCE
ACTION PLAN
COMMUNICATION AND COORDINATION
Councilmember Matthews stated that she would like to see more collaboration with the Downtown Business Alliance (DBA) where they could take over some of the responsibility for downtown snow operations.
Ms. Sayers offered that the city worked very closely with the DBA and the Clean Team who were often the first responders to snow operations. Park Flag was also another fantastic partner to help get the gazebos cleared of snow. The smaller operations and hand operations were what they primarily helped with.
Councilmember Sweet stated that there were obstacles in the alleys downtown. During the summer they directed people to the alleys but in the winter, they had to completely switch the messaging. There needed to be a way to get to consistent year-round messaging. It could be helpful to provide reminders and talk with businesses about the importance of clearing the snow. She expressed interest in considering the use of a melting agent in downtown.
Councilmember McCarthy stated that he had concerns about using deicers because they could poison plant life and attack concrete and metal. Short term it may make sense but long term it could damage infrastructure.
DOWNTOWN CITY SNOW OPERATIONS
PART 3 -- DOWNTOWN SNOW OPERATIONS
DISCUSSION INTENT
INFRASTRUCTURE
DOWNTOWN ALLEY NETWORK
SNOW OPERATIONS
POST STORM SNOW OPERATIONS
IMPACTS AND CONCERNS
CODE COMPLIANCE
ACTION PLAN
COMMUNICATION AND COORDINATION
Councilmember Matthews stated that she would like to see more collaboration with the Downtown Business Alliance (DBA) where they could take over some of the responsibility for downtown snow operations.
Ms. Sayers offered that the city worked very closely with the DBA and the Clean Team who were often the first responders to snow operations. Park Flag was also another fantastic partner to help get the gazebos cleared of snow. The smaller operations and hand operations were what they primarily helped with.
Councilmember Sweet stated that there were obstacles in the alleys downtown. During the summer they directed people to the alleys but in the winter, they had to completely switch the messaging. There needed to be a way to get to consistent year-round messaging. It could be helpful to provide reminders and talk with businesses about the importance of clearing the snow. She expressed interest in considering the use of a melting agent in downtown.
Councilmember McCarthy stated that he had concerns about using deicers because they could poison plant life and attack concrete and metal. Short term it may make sense but long term it could damage infrastructure.
B.
Flagstaff Police Department (FPD) Policy on Human Exploitation and Trafficking
Mr. Clifton offered some opening remarks and stated that last summer, the topic of improving internal policies, particularly regarding human trafficking, was brought up in relation to discussions about massage parlor operations in 2019. Since then, significant efforts had been made to address those concerns. A consultant was hired to review internal policies and make recommendations, which were presented to the Council in the fall. Subsequently, the city had been working on implementing those recommendations, drawing on policies from other municipalities, and engaging with community interest groups. Additionally, efforts had been made to certify Flagstaff as a CEASE (Cities Empowered Against Sexual Exploitation) city. The focus had been on improving law enforcement procedures and overall operations rather than letting the issue fade away.
Senior Deputy City Manager Shannon Anderson provided a PowerPoint presentation that covered the following:
POLICY ON HUMAN EXPLOITATION AND TRAFFICKING
BACKGROUND
POLICY RECOMMENDATION
POLICY CREATION
CEASE DESIGNATION
Councilmember McCarthy asked for the definition of human trafficking. Police Chief Dan Musselman explained that human trafficking was a crime that involved compelling, defrauding, or coercing a person to provide labor or services or engage in commercial sex acts. The coercion could be subtle or overt, physical or psychological. The exploitation of a minor for commercial sex was human trafficking regardless of whether any form of force, fraud, or coercion was used.
Mayor Daggett asked for Chief Musselman to walk the Council through the in-person training for police and fire personnel. Chief Musselman stated that they invited Kate Wyatt with Flagstaff Initiative Against Trafficking (FIAT) to come in and provide a 30-minute in-service training session on some of the factors to look for and indicators of human trafficking. Michelle Rucker with the Arizona Anti-Trafficking Network also came in a few months later to provide a more detailed and indepth training that covered not only indicators of human trafficking, but also resources for victims, other things to look for, and where to find additional information.
Senior Deputy City Manager Shannon Anderson provided a PowerPoint presentation that covered the following:
POLICY ON HUMAN EXPLOITATION AND TRAFFICKING
BACKGROUND
POLICY RECOMMENDATION
POLICY CREATION
CEASE DESIGNATION
Councilmember McCarthy asked for the definition of human trafficking. Police Chief Dan Musselman explained that human trafficking was a crime that involved compelling, defrauding, or coercing a person to provide labor or services or engage in commercial sex acts. The coercion could be subtle or overt, physical or psychological. The exploitation of a minor for commercial sex was human trafficking regardless of whether any form of force, fraud, or coercion was used.
Mayor Daggett asked for Chief Musselman to walk the Council through the in-person training for police and fire personnel. Chief Musselman stated that they invited Kate Wyatt with Flagstaff Initiative Against Trafficking (FIAT) to come in and provide a 30-minute in-service training session on some of the factors to look for and indicators of human trafficking. Michelle Rucker with the Arizona Anti-Trafficking Network also came in a few months later to provide a more detailed and indepth training that covered not only indicators of human trafficking, but also resources for victims, other things to look for, and where to find additional information.
14.
PUBLIC PARTICIPATION
Steven Gerard Sidlovsky addressed Council and stated that he was visiting Flagstaff and hoped to
interview members of the Council, review the City Charter, and meet with religious leaders and
citizens.
15.
INFORMATIONAL ITEMS TO/FROM MAYOR, COUNCIL, AND STAFF, AND FUTURE AGENDA ITEM REQUESTS
Councilmember House stated that the Juneteenth and Pride celebrations the prior weekend were beautiful and she looked forward to the next year's events. She also was honored to read the Two- Spirit proclamation at the Health Choice Tribal Program's second annual Two-Spirit LGBTQ Health Matters conference where the keynote speaker was Randy Burns who was one of the co-founders of the organization Gay American Indians, which was the first organization for 2SLGBTQ Native Americans in the country. Lastly, she attended a fireside chat with Professor Helios Shabazz and Dr. Bernice King, the daughters of Malcolm X and Betty Shabbaz and Dr. Martin Luther King Jr. and Coretta Scott King. It was such a wonderful event to participate in. They spend a lot of time speaking about the importance of education and equitable access to education, knowledge of history and general information for young people.
Councilmember Harris thanked staff for all of their assistance with the planning and implementation of Juneteenth.
Mayor Daggett stated that she would like to discuss the Council Initiative Fund earlier in the fiscal year to allow for better discussion and parameters around allocations.
Councilmember Harris thanked staff for all of their assistance with the planning and implementation of Juneteenth.
Mayor Daggett stated that she would like to discuss the Council Initiative Fund earlier in the fiscal year to allow for better discussion and parameters around allocations.
16.
ADJOURNMENT
The Regular Meeting of the Flagstaff City Council held June 20, 2023, adjourned at 7:57 p.m.
The Regular Meeting of the Flagstaff City Council held June 20, 2023, adjourned at 7:57 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 June 20, 2023. I further certify that the Meeting was duly called and held and that a quorum was present.
| DATED this 19th day of March, 2024 | |
________________________________________ CITY CLERK |