TUESDAY, JULY 3, 2023
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN AVE
3:00 P.M.
MINUTES
NOTE: One or more Councilmembers may be in attendance through other technological means.
| PRESENT: MAYOR DAGGETT VICE MAYOR ASLAN COUNCILMEMBER HARRIS COUNCILMEMBER HOUSE COUNCILMEMBER MATTHEWS COUNCILMEMBER MCCARTHY COUNCILMEMBER SWEET |
ABSENT: |
The Council and audience recited the pledge of allegiance, Vice Mayor Aslan read the Mission Statement of the City of Flagstaff, and Councilmember House read the Land Acknowledgement.
LAND ACKNOWLEDGEMENT
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.
None
JULY EMPLOYEE WORK ANNIVERSARIES!
FIVE YEAR ANNIVERSARIES
TEN YEAR ANNIVERSARIES
FIFTEEN YEAR ANNIVERSARIES
TWENTY YEAR ANNIVERSARIES
25 YEARS PLUS!!
RETIREMENT
Councilmember Matthews stated that the CPWAC retreat was very informative and educational. She also reported that she participated in the Rio de Flag clean up and attended Movies on the Square.
Councilmember House reported that the Commission on Diversity Awareness met and discussed their upcoming proclamations, ongoing projects and focus areas, and they shared reports on the successes of Pride in the Pines and the Pride parade. She also reported that she attended the most recent Greater Flagstaff Region Fire Crew Graduate ceremony.
Councilmember Sweet stated that the Federal Transit Administration announced that Mountain Line would receive $16.3 million through the Bus and Bus Facilities Grant to build a new maintenance facility.
Councilmember McCarthy reported that he attended Movies on the Square along with his fellow Councilmembers.
Mayor Daggett reported that the Commission on Inclusion and Adaptive Living was in need of applicants. Many other commissions were seeking applicants as well. She stated that commissions were a great way to get involved with the city and she encouraged the public to apply.
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1).
Moved by Councilmember Khara House, seconded by Vice Mayor Austin Aslan to appoint Dorcas Naa Aku Shika Quarshie to a term expiring October 2025.
Vote: 7 - 0 - Unanimously
Moved by Vice Mayor Austin Aslan, seconded by Councilmember Khara House to appoint Amy Wolkowinsky to a term expiring October 2025.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Deborah Harris, seconded by Councilmember Miranda Sweet to appoint Priscilla Boateng to a term expiring October 2023.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Miranda Sweet, seconded by Vice Mayor Austin Aslan to appoint Mary Ellen Metzger to a term expiring October 2023.
Vote: 7 - 0 - Unanimously
Moved by Vice Mayor Austin Aslan, seconded by Councilmember Jim McCarthy to appoint Josh Stone as the NAIPTA Representative to a term expiring July 2025.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Miranda Sweet, seconded by Councilmember Jim McCarthy to appoint Jonathan Hansen to a term expiring July 2026.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Deborah Harris, seconded by Councilmember Jim McCarthy to appoint Robert Kuhn to a term expiring July 2026.
Vote: 7 - 0 - Unanimously
Police Chief Dan Musselman introduced the applications and noted no items of concern.
There being no public comment, Mayor Daggett closed the public hearing.
Moved by Councilmember Khara House, seconded by Councilmember Lori Matthews to forward both applications to the State with a recommendation for approval.
Vote: 7 - 0 - Unanimously
All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Miranda Sweet to approve the Consent Agenda as presented.
Vote: 7 - 0 - Unanimously
- Approve the Contract for Services to Conservation Legacy in the total amount of $149,850.00 including a Grant Award from Arizona State Parks for Picture Canyon Restoration and Trail Work; and
- Authorize the City Manager to execute the necessary documents.
- Approve a Cooperative Purchase Contract with Courtesy Chevrolet in the amount of $63,300, in addition to other fees and taxes, for a Emergency Response Truck; and
- Authorize the City Manager to execute the necessary documents.
- Approve the Construction Manager at Risk Construction Services Agreement with Eagle Mountain Construction for a Guaranteed Maximum Price (GMP1) in the amount of $2,906,383.00 and a contract duration of 845-calendar days;
- Approve an Owners Contingency of $50,000.00, which is 2% of the Guaranteed Maximum Price; and
- Authorize the City Manager to execute the necessary documents.
- Approve the Lumen Utility Relocation and City Fiber Addition Proposal and a Not-to-Exceed (NTE) payment authority of $250,000; and
- Authorize the City Manager to execute the necessary documents.
Approve the revised U.S. Department of Housing and Urban Development grant for FY2022 Economic Development Initiative, Community Project Funding Grant (B-22-CP-AZ-0018), in the amount of $750,000 for the Flagstaff Home Energy Retrofit Program for low-income and vulnerable families.
Approve the acceptance of the grant from the U.S. Department of Justice, through the Arizona Criminal Justice Commission, Edward Byrne Justice Assistance Grant funds in the amount of $219,363.82 for FY2023-2024.
- Approve the Cooperative Purchase Contract with Courtesy Chevrolet in the amount of $183,380.00, plus additional fees and costs to purchase three 2024 Chevrolet pickup trucks for the Streets Section; and
- Authorize the City Manager to execute the necessary documents.
- Approve the Cooperative Purchase Contract with Brightly Software, Inc. in the amount of $308,022.53, plus additional fees and taxes, for Facilities Maintenance Software; and
- Authorize the City Manager to execute the necessary documents.
- Approve an amendment to the contract for property acquisition services with TB Real Property Consultants, LLC, to increase the scope of work and contract amount to an amount not to exceed $100,000.00 for property acquisitions necessary for the Milton Road and University Avenue Right of Way Capital Project; and
- Authorize the City Manager to execute the necessary documents.
Approve the grant agreement from the Arizona Department of Administration Office of Grants and Federal Resources in the amount of $943,515.00 for the 911 budget for Coconino County.
- Approve the Cooperative Purchase Contract with AT&T Corp. in the amount of $2,340,156.05 to transition to the Next Gen 9-1-1 Call System and Equipment; and
- Authorize the City Manager to execute the necessary documents.
- Approve the lease renewal amendments to extend the term of the leases from 12/31/2023 to 12/31/2028 with an option to extend for an additional 5 year term until 12/31/2033.
- Authorize the City Manager to execute the necessary documents.
- Approve a Cooperative Purchase Contract with Goodmans Interior Structures in the amount of $146,397.72, in addition to taxes and other charges, for the purchase and installation of new cubicles and office furniture; and
- Authorize the City Manager to execute the necessary documents.
Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to read Ordinance No. 2023-15 by title only for the final time.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to adopt Ordinance No. 2023-15.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Deborah Harris, seconded by Councilmember Lori Matthews to read Ordinance No. 2023-20 by title only for the final time.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Lori Matthews to adopt Ordinance No. 2023-20.
Vote: 7 - 0 - Unanimously
Mayor Daggett noted that city and county staff did sit down and discuss their respective ordinances to ensure that they were complimentary.
Moved by Councilmember Miranda Sweet, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2023-38.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Miranda Sweet, seconded by Councilmember Jim McCarthy Jim McCarthy to read Ordinance No. 2023-16 by title only for the final time.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Miranda Sweet, seconded by Councilmember Jim McCarthy to adopt Ordinance No. 2023-16.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Khara House to read Ordinance No. 2023-14 by title only for the final time.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Khara House to adopt Ordinance No. 2023-14.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to read Ordinance No. 2023-17 by title only for the final time.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Miranda Sweet to adopt Ordinance No. 2023-17.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Khara House, seconded by Councilmember Miranda Sweet to read Ordinance No. 2023-19 by title only for the final time.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Khara House, seconded by Councilmember Miranda Sweet to adopt Ordinance No. 2023-19.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to read Ordinance No. 2023-18 by title only for the final time.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Deborah Harris, seconded by Councilmember Lori Matthews to adopt Ordinance No. 2023-18.
Vote: 7 - 0 - Unanimously
INNER BASIN WATERLINE RESTORATION PROJECT
PROJECT STAKEHOLDERS
EXCITING NEWS
BRIEF UPDATE
FIELD DAY PHOTOS
INSPECTION SERVICES
Moved by Councilmember Jim McCarthy, seconded by Councilmember Lori Matthews to approve the Professional Services Contract for inspection services with Shephard Wesnitzer Inc., (SWI) an Ardurra Company, in the amount of $499,520.00 and a contract duration of 516 calendar days, approve Change Order Authority to the City Manager in the amount of $49,952.00 which is 10% of the contract amount, and authorize the City Manager to execute the necessary documents.
Vote: 7 - 0 - Unanimously
LAND AVAILABILITY AND SUITABILITY STUDY AND DEVELOPMENT CODE AND PROCESS ANALYSIS
PROJECT INTRODUCTION
COORDINATION AND PUBLIC OUTREACH
SCOPE OF PROJECT
1. LASS
2. CODE AND PROCESS ANALYSIS
DELIVERABLES
SCHEDULE
THEN WHAT?
Councilmember Matthews asked how the project would inform or compliment the Regional Plan process. Ms. McNulty stated that Cascadia Partners was leading the Regional Plan outreach and they were a partner of DOWL. The partnership would provide good coordination between the two plans.
Councilmember Matthews stated that the Downtown Business Alliance was undergoing a revisioning of downtown and asked how that was coordinated with the project. Ms. McNulty stated that the downtown visioning was more coordinated with the Regional Plan and through virtue of that, it would inform the project.
Councilmember House believed that the analysis would help determine how the city could responsibly develop and redevelop in the future. Councilmember Harris agreed and asked how the fifty sites were going to be selected. Ms. McNulty explained that staff were still working on the development of the approach, but it would generally include an analysis of all the properties, their existing status and infrastructure, and how that related to the development desired.
Councilmember Harris expressed her desire to ensure that all neighborhoods were considered equally and evaluated for potential impacts on infill and redevelopment. Ms. McNulty added that another thing that the consultant team would consider were the impacts of dislocation and gentrification of neighborhoods. It would be important to avoid adverse impacts on vulnerable populations.
Moved by Councilmember Khara House, seconded by Vice Mayor Austin Aslan to award a Professional Services Contract with DOWL, LLC, in an amount not to exceed $523,993.00 for a Land Availability and Suitability Analysis and a Development Code and Process Analysis and authorize the City Manager to execute the necessary documents.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Lori Matthews to read Resolution No. 2023-40 by title only.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Miranda Sweet to adopt Resolution No. 2023-40.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to read Resolution No. 2023-27 by title only.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to adopt Resolution No. 2023-27.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Khara House to read Resolution No. 2023-42 by title only.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Jim McCarthy, seconded by Councilmember Khara House to adopt Resolution No. 2023-42.
Vote: 7 - 0 - Unanimously
ACTIVE TRANSPORTATION MASTER PLAN AMENDMENTS
ACTIVE TRANSPORTATION MASTER PLAN
ATMP AMENDMENTS
SUMMARY OF AMENDMENTS
COMPLETE STREETS CONVERSIONS
SAFE STREETS FOR ALL GRANT
BUTLER AVE COMPLETE STREET CONVERSION
Mayor Daggett asked if the amendments had been presented to the Bicycle and Pedestrian Advisory Committees. Mr. Ince responded yes and indicated that both had voted in support of the amendments and the grant application.
Councilmember Matthews expressed excitement about having the project penciled out and that a grant application was moving forward. She asked if the design work had been started. Mr. Ince stated that there had been some preliminary work done in-house but full design work had not been started.
Councilmember Harris noted concerns with the O'Leary and Butler crossing and difficulty seeing oncoming traffic and pedestrians. She asked if that would be considered in the design work. Mr. Ince stated that part of the preliminary work was evaluating site distance to make sure that there were adequate site lines for proper crossing. There was still more work to do to get into the details.
Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to read Resolution No. 2023-41 by title only.
Vote: 7 - 0 - Unanimously
Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to adopt Resolution No. 2023-41.
Vote: 7 - 0 - Unanimously
The following individuals addressed Council in opposition to the installation of pickleball courts at Bushmaster Park:
- Connie Folsom
- Steve Walter
- Audria Smith
- Kathleen Day
- Julie Piering
- Paul Malis
- Malia Rodriguez
- Mary Walter
- Annalisa (no last name given)
- Neighborhood impact studies and sound studies were necessary before the decision was made on where to put pickleball courts.
- The noise generated by pickleball was terrible and obnoxious.
- Other cities had created ordinances and enacted standards for courts.
- Placing pickleball courts anywhere demands mindful planning.
- The city needed to ensure that the courts would not have an adverse impact on the population.
- Pickleball courts at Bushmaster would overrun the park and people would no longer be able to use the other amenities.
- Thorpe Park was a much better location for dedicated pickleball courts.
- Pickleball noise was the most annoying frequency.
- The best solution was to build courts as far away from residents as possible.
- Flood abatement at Bushmaster needed to be considered.
- The project was already over budget.
- There was inadequate public outreach on the project and no indication of any recourse the residents might have.
- There was no respect given to the residents who lived near the park.
- Many times kids were not able to use the courts and were sent away, this was not fair to the kids who lived near and used the park.
- The area near Bushmaster Park was low-income and pickleball was a rich man's sport.
- Do not dismiss the concerns of the residents near Bushmaster Park.
- Amanda Allen
- Jennifer Kottra, on behalf of ten or more people
- Dawson Henderson
- Lynn Walsh, on behalf of ten or more people
- Sandra Smith
- Pickleball was a community that was welcoming to all.
- There deserved to be a space for pickleball and a space for the community to enjoy the sport.
- The Council should stand by its original decision.
- Direction was given to move the courts as far north as possible and to remove as few trees as possible.
- Thorpe Park was also a good location for the courts, but they were not ready.
- Pickleball was growing and it would continue to grow.
- Bushmaster Park was a good location and would provide a benefit for basketball, tennis, and pickleball.
- The noise of pickleball is greatly exaggerated.
- The proposal brought by staff was something that had been well-vetted and considered.
- Dedicated courts were desperately needed.
- Pickleball brought people into the park, which helped to keep trouble away.
Mr. Solomon explained that the first action before Council was to consider the prior action of Council to approve the contract. If there was a desire to consider the contract again, a motion and vote were required. Should there be a successful motion to consider the contract, then Council could move forward with a discussion about the contract scope and details.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Deborah Harris to consider the prior action of Council regarding the Cooperative Purchase Contract with General Acrylics, Inc., in the total amount of $920,642.42 to design and build eight pickleball courts and overlay existing tennis and basketball courts at Bushmaster Park.
Vice Mayor Aslan explained that he would not change his original position on the contract and would vote no. He did not feel that there was any new information presented that was not considered as part of the original action.
Councilmember Matthews stated that she was concerned about the precedent it would set should Council take a different position.
Councilmember McCarthy stated that he hoped to at least have the discussion; the original decision may stand but he felt it important to consider it.
Vote: 2 - 5
- AYE:
-
Councilmember Jim McCarthy
Councilmember Khara House
Shortly after the T21 ordinance adoption, the federal government enacted a law raising the age to 21 for the purchase of tobacco products. Now that the federal law was in place, it may be a factor for consideration of licensing and enforcement provisions within the city ordinance. Licensing and enforcement provisions existed in the ordinance, but the programs had not yet been created. The plan was to fund the program with the fees from issuing sales licenses within the city. With the federal prohibition in place, there was an opportunity to partner with other government entities for enforcement.
Mr. Solomon introduced Erika Mansour, a Tobacco Enforcement Unit Attorney with the Arizona Attorney General's Office. Ms. Mansour addressed Council and stated that her unit worked in close collaboration with the Arizona Department of Health Services as well as the FDA inspection program that also did federal youth tobacco inspections. They conduct roughly 100 inspections in Coconino County with undercover youth volunteers. The inspections were publicly available, and they could follow up and provide information from the Attorney General's office such as police reports, citations, and other report materials. There were opportunities to partner and similar discussions were ongoing with the City of Tucson.
Mr. Solomon stated that he was seeking direction from Council as to whether there should be amendments to the ordinance to allow for collaboration with the Attorney General's Office for enforcement or to continue with the original ordinance that included in-house enforcement.
Councilmember Matthews asked if the enforcement that the Attorney General's office did covered both state and federal enforcement. Ms. Mansour explained that the State Attorney General's Office partnered with the FDA Inspection Program on federal inspection and enforcement. They had one state and one federal officer in the car together and then the youth volunteers were cross-certified in both programs. It would be entirely possible to include a city officer as well.
The following individuals addressed Council regarding the T21 ordinance:
- Jeremy Gaertz
- Mark Barnes
- Bernice Carver
- Trish Hard
- A partnership between the city and state would be welcomed.
- Include retailers in a committee to consider a separate tobacco tax license.
- Preventing Tobacco Addiction Foundation supported the work on the T21 ordinance.
- Please continue the work and move forward with implementing the enforcement program.
- Arizona was second in the country as far as the increase in vaping by young adults ages 18 to 24.
- Merely adopting a law that prohibited the sale of tobacco to youth under 21 was insufficient, it must be partnered with quality enforcement.
- Higher fines were needed to send the message that tobacco sales to youth were not tolerated.
- Take all steps necessary to make sure children and youth do not have access to tobacco products.
Vice Mayor Aslan stated that he supported the continued discussion. There were gaps between what the state offered and what was federally available for enforcement. Flagstaff should enforce its local ordinance and what currently existed was an unfunded mandate that needed a solution.
Mr. Clifton added that enforcement should be effective and there were tools available that were not when the ordinance was enacted. He requested that the direction be premised more on the use of current resources rather than the institution of a new licensing regiment that would require more staff and resources than what currently existed.
Councilmember Harris noted her support.
Councilmember House stated that she supports the alignment of the city ordinance with federal rules. She supported the addition of enforcement in conjunction with the state and federal levels. C
ouncilmember Matthews stated that it was more efficient and effective to utilize and collaborate with partners in the Attorney General and FDA's offices to work together and have instantaneous support and enforcement.
Councilmember Sweet also voiced her support for collaboration with the state and federal agencies for enforcement.
Councilmember McCarthy stated that he was open minded about changes to the ordinance if it resulted in effective enforcement.
Mayor Daggett offered support for partnerships for enforcement. She also noted that while Coconino County had a smoking cessation program, they did not have a T21 ordinance. She asked that the city engage with them to help them amplify their messaging about their smoking cessation program and encourage them to adopt their own ordinance.
After discussion and upon agreement by three members of the Council, an item will be moved to a regularly-scheduled Council meeting.
There was requisite Council support to advance the item to a future agenda for discussion.
There was requisite Council support to advance the item to a future agenda for discussion.
None
Councilmember Harris requested a cheat sheet on Robert's Rules of Order.
Councilmember Matthews requested a FAIR item to have a discussion regarding an ordinance to protect renters from income source discrimination. She also indicated a desire for both sides of the pickleball issue to come together and find meaningful solutions. There were ways to help lower the noise and modifications that players could consider as well.
Councilmember Sweet also noted that she was looking forward to the summer recess and the upcoming Fourth of July events. She also stated that she did not take her pickleball decision lightly and that she spent time with both staff and the public to understand the situation.
Councilmember McCarthy stated that he was disappointed that there was not an opportunity to discuss pickleball again. He had walked the park and he felt that the sound was outrageous. He shared that he had observed people who were included in a larger group for public comment also give individual comments. He requested a more rigorous system to avoid duplicate comments.
Mayor Daggett indicated that she had also gone to the park and met with people on both sides of the pickleball issue. She was hopeful that there would be continued efforts refine the design to make pickleball more tenable.
Mr. Clifton stated that Council had their fair share of intense topics over the last six months. He stated that the decorum at the dais had always been very good and even though topics were tense and robust there was always decorum. He indicated that leadership would continue to meet during the summer break and take that time to delve into matters that did not directly concern Council. He noted his upcoming vacation and that the League Conference would be at the end of August and was a great opportunity for the Council to network with their colleagues from around the state.
The Regular Meeting of the Flagstaff City Council held July 3, 2023, adjourned at 7:15 p.m.
_____________________________________ MAYOR |
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| ATTEST: |
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_____________________________________ 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 July 3, 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 |