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Minutes for City Council Meeting - FINAL

CITY COUNCIL REGULAR MEETING
TUESDAY, JANUARY 16, 2024
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN AVE
3:00 P.M.
 

MINUTES
 
1.
CALL TO ORDER

Vice Mayor Aslan called the meeting of the Flagstaff City Council held January 16, 2024, 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 discussion and consultation 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.
PRESENT:

MAYOR DAGGETT (virtual, arrived at 3:43 p.m.)
VICE MAYOR ASLAN
COUNCILMEMBER HARRIS (virtual)
COUNCILMEMBER HOUSE (virtual)
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 McCarthy read the Land Acknowledgement.
MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.

LAND ACKNOWLEDGEMENT
The Flagstaff City Council humbly acknowledges the ancestral homelands of this area’s Indigenous nations and original stewards. These lands, still inhabited by Native descendants, border mountains sacred to Indigenous peoples. We honor them, their legacies, their traditions, and their continued contributions. We celebrate their past, present, and future generations who will forever know this place as home.
 
4.
PUBLIC PARTICIPATION

Public Participation enables the public to address the Council about an item that is not on the agenda. Comments relating to items that are on the agenda will be taken at the time that the item is discussed. If you wish to address the Council at tonight's meeting, please complete a comment card and submit it to the recording clerk as soon as possible. Your name will be called when it is your turn to speak. You may address the Council up to three times throughout the meeting, including comments made during Public Participation. Please limit your remarks to three minutes per item to allow everyone an opportunity to speak. At the discretion of the Chair, ten or more persons present at the meeting and wishing to speak may appoint a representative who may have no more than fifteen minutes to speak.
Jill Stevenson addressed Council regarding climate change and encouraged the Council to consider the Carbon Neutrality Plan in all their decisions.
 
Library Director Linda Tillson addressed Council and introduced the new Deputy Library Director Demarus Hill. Ms. Hill introduced herself and shared that she was excited to be a part of the team.
 
5.
COUNCIL LIAISON REPORTS
Councilmember Sweet reported that the Beautification and Public Art Commission would be honoring the projects of the Beautification in Art grant recipients at an event at the Coconino Center for the Arts. There would also be an Arts, Science, and Culture award grantee celebration later in the month. She also reported that the MetroPlan community painting event for the Cheshire Slow Street Asphalt Art project was scheduled for May 18, 2024. The project demonstrates a great collaboration between the city staff, the Beautification and Public Art Commission, and MetroPlan. Lastly, she reported that she would be attending the Water Commission meeting.
 
Vice Mayor Aslan reported that he attended the annual Tourism Commission retreat; there was a lot of discussion about priorities and budgetary considerations for tourism. The commission also welcomed new commissioners to the team.
 
Councilmember Harris reported that the Open Spaces Commission meeting would be held on January 22, 2024 and they would be discussing access through city owned property on Observatory Mesa.
 
Councilmember Matthews reported that the CJCC met the prior week and that she continued to be impressed with the great work of the group. They received a presentation regarding transparency and efforts to identify where improvements could be made throughout the criminal justice system.
 
6.
APPOINTMENTS

Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1).
 
A.
Consideration of Appointments: Water Commission
 

Moved by Councilmember Deborah Harris, seconded by Councilmember Miranda Sweet to appoint John Nauman to a term expiring December 2026.

Vote: 6 - 0 - Unanimously

 

Moved by Councilmember Khara House, seconded by Councilmember Miranda Sweet to appoint Kurt Riegelman to a term expiring December 2026.

Vote: 6 - 0 - Unanimously

 

Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to appoint Robert Dilday to a term expiring December 2026.

Vote: 6 - 0 - Unanimously

 

Moved by Mayor Becky Daggett, seconded by Councilmember Jim McCarthy to appoint Robert Vane to a term expiring December 2025.

Vote: 7 - 0 - Unanimously

 
7.
LIQUOR LICENSE PUBLIC HEARINGS

Applications under Liquor License Public Hearings may be considered under one public hearing and may be acted upon by one motion unless otherwise requested by Council.
 
A.
Consideration and Action on Liquor License Application: Matthew Patrick Dyer, "Southside Tavern," 117 S. San Francisco, Series 06, Owner Transfer.
Vice Mayor Aslan opened the public hearing.
 
Police Lieutenant Kevin Sapp introduced the application and noted no concerns.
 
Councilmember McCarthy noted that the Council had been discussing bar noise issues and he encouraged the applicant to work with the neighbors regarding noise mitigation.
 
There being no public comment, Vice Mayor Aslan closed the public hearing.
 

Moved by Councilmember Lori Matthews, seconded by Councilmember Khara House to forward the application to the State with a recommendation for approval.

Vote: 6 - 0 - Unanimously

 
8.
CONSENT AGENDA
All matters under Consent Agenda are considered by the City Council to be routine. Unless a member of City Council expresses a desire at the meeting to remove an item from the Consent Agenda for discussion, the Consent Agenda 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: 6 - 0 - Unanimously

 
A.
Consideration of Appointments: On-Call Magistrates for the Flagstaff Municipal Court.

Approve the reappointment of Honorable Russell Hughes and Honorable Lewis Levin as On-Call Magistrates to the Flagstaff Municipal Court.
 
9.
ROUTINE ITEMS
 
A.
Consideration and Adoption of Ordinance No. 2024-01:  An ordinance of the Flagstaff City Council authorizing the acquisition of real property interests for a Flagstaff Urban Trail System alongside the Rio de Flag Flood Control Project; providing for delegation of authority, repeal of conflicting ordinances, severability, corrections, and establishing an effective date
Transportation Planner Martin Ince displayed plan maps and an aerial photo of the project. He acknowledged the concerns about the acquisition from property owners. He clarified that the ordinance was the first step in the process and provided authorization for acquisition. The authorization was necessary for staff to begin meeting with property owners to negotiate, work through design options, and work toward an agreement. Councilmember McCarthy also noted that the ordinance did not authorize eminent domain and if it came to that, the matter would come back to Council for discussion and further action.
 
Justin Clifton addressed Council with concerns about the acquisition and that it would impact the day-to-day operations of his business. He requested that the action be postponed to allow more time for discussion with city staff about alternative solutions.
 
Council discussed the timeline for the Rio de Flag and the importance of continuing efforts to acquire the necessary property to advance the project. They considered postponing the action and possible design alternatives. They were hopeful that an agreement could be made that satisfied all parties and one that would not have a negative impact on the property owner.
 

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Austin Aslan to read Ordinance No. 2024-01 by title only for the final time.

Vote: 6 - 1

NAY:
Councilmember Miranda Sweet
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF AUTHORIZING THE ACQUISITION OF REAL PROPERTY INTERESTS FOR A FLAGSTAFF URBAN TRAIL SYSTEM ALONGSIDE THE RIO DE FLAG FLOOD CONTROL PROJECT; PROVIDING FOR DELEGATION OF AUTHORITY, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Deborah Harris to adopt Ordinance No. 2024-01.

Vote: 6 - 0

At this time Mayor Daggett took over presiding of the meeting. She reordered the agenda to go back to Item 6A for her appointment to the Water Commission.
 
B.
Consideration of Support: Downtown Business Alliance's Downtown Flagstaff Vision and Action Plan (Plan).
Planning Director Michelle McNulty, Dave McIntire introduced Terry Madeksza with the Downtown Business Alliance, Brad Segal with P.U.M.A., and Cheney Bostic with Studio Seed who provided a PowerPoint presentation that covered the following:
 
FLAGSTAFF DOWNTOWN VISION AND ACTION PLAN
WHERE WE ARE
KEY POLICY RECOMMENDATIONS
COMMUNITY OUTREACH
MARKET OPPORTUNITIES
VISION
ACTION PLAN
CATALYTIC REDEVELOPMENT AND PARKING PROJECTS
CATALYTIC PLACEMAKING PROJECTS
GOALS, STRATEGIES, AND ACTION ITEMS
MAJOR EDITS TO PLAN FROM AUGUST 2023
COMMUNITY REVIEW SINCE OCTOBER 2023
MAJOR EDITS TO PLAN SINCE OCTOBER 2023
 
Council expressed their appreciation to Ms. Madeksza and her support of downtown. They wished her well on her next endeavor. Together they discussed the following points:
  • Partnerships with Lowell Observatory
  • Efforts to connect downtown property owners with developers for redevelopment
  • Coordination of the plan with the new updates to the Regional Plan
  • Use of the plan for economic development and business attraction
  • The integration of housing into the downtown
 

Moved by Councilmember Miranda Sweet, seconded by Councilmember Jim McCarthy to support the Downtown Vision and Action Plan and request staff to consider it when making decisions related to Downtown Flagstaff.

Vote: 7 - 0 - Unanimously

 
C.
Consideration and Approval: 2024 State and Federal Legislative Priorities
Public Affairs Director Sarah Langley introduced Federal Lobbyist Bob Holmes and and State Lobbyist Brian Murray. She then reviewed the edits to the documents.
 
Councilmember House spoke to the deliberateness of keeping the document high level rather than including specific details to allow for greater flexibility to act quickly during the legislative session.
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Miranda Sweet to approve the 2024 State and Federal Legislative Priorities as presented.

Vote: 7 - 0 - Unanimously

 
10.
PUBLIC HEARING ITEMS
 
A.
Consideration and Adoption of Ordinance No. 2024-02:  An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff City Code, Title 3 Business Regulations, Chapter 3-10 User Fees, Section 3-10-001-0004 Police Department to revise existing fees and add a new fee for Body Camera Video Review and Redaction; providing for penalties, repeal of conflicting ordinances, severability, providing for clerical corrections, and establishing an effective date
Mayor Daggett opened the public hearing.
 
Management Services Director Rick Tadder and Senior Assistant City Attorney Marianne Sullivan provided a PowerPoint presentation that covered the following:
 
BODY CAMERA VIDEO REVIEW AND REDACTION FEE
OVERVIEW
COST RECOVERY
ARS § 39-129 LOCAL LAW ENFORCEMENT VIDEO RECORDING FEES
BODY CAMERA VIDEOS AND PUBLIC RECORDS REQUESTS
FLAGSTAFF POLICE DEPARTMENT PROCEDURES TO REVIEW AND REDACT
STAFF RECOMMENDATION
 
Councilmember Matthews shared concerns that the new fees would discourage citizens from obtaining information that was needed to defend their cases due to financial hardship. Police Chief Dan Musselman explained that if someone was a defendant in a criminal case they were entitled to free videos and police reports through the discovery process. Requests for other purposes would be subject to the fees. Ms. Sullivan added that they work with requestors on ways to reduce their costs which saves staff time and them money.
 
Vice Mayor Aslan asked about the difference between the fees the city charged versus what the county charged. Ms. Sullivan stated that every agency set their own fees so it was not unusual to have differences between the city and county.
 
There being no public comment, Mayor Daggett closed the public hearing.
 

Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to read Ordinance No. 2024-02 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 3 BUSINESS REGULATIONS, CHAPTER 3-10 USER FEES, SECTION 3-10-001-0004 POLICE DEPARTMENT TO REVISE EXISTING FEES AND ADD A NEW FEE FOR BODY CAMERA VIDEO REVIEW AND REDACTION; PROVIDING FOR PENALTIES, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, PROVIDING FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE
A break was held from 5:34 p.m. through 5:50 p.m.
 
11.
REGULAR AGENDA
 
A.
Consideration and Adoption of Resolution No. 2024-04: A resolution of the Flagstaff City Council, approving an intergovernmental agreement between the City and the State of Arizona Department of Revenue for the administration, collection, audit, and licensing of transaction privilege taxes, use taxes, severance taxes, jet fuel excise and uses taxes and rental occupancy taxes imposed by the State, cities or towns 
Mr. Tadder addressed Council and stated that the agreement established the requirements for the Department of Revenue and the city on local tax administration. Requirements included things such as protection of taxpayer confidentiality, information security and other operational requirements.
 

Moved by Councilmember Jim McCarthy, seconded by Councilmember Lori Matthews to read Resolution No. 2024-04 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA DEPARTMENT OF REVENUE AND THE CITY OF FLAGSTAFF FOR THE ADMINISTRATION, COLLECTION, AUDIT, AND LICENSING OF TRANSACTION PRIVILEGE TAXES, USE TAXES, SEVERANCE TAXES, JET FUEL EXCISE AND USE TAXES, AND RENTAL OCCUPANCY TAXES IMPOSED BY THE STATE, CITIES OR TOWNS; PROVIDING FOR DELEGATION OF AUTHORITY; EXPIRATION OF THE EXISTING AGREEMENT BETWEEN THE PARTIES; AND ESTABLISHING AN EFFECTIVE DATE
 

Moved by Councilmember Lori Matthews, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2024-04.

Vote: 7 - 0 - Unanimously

 
12.
DISCUSSION ITEMS
 
A.
Continuation of discussion regarding the allocation of Homeless Shelter and Services Funds provided by the Arizona Department of Housing
Housing Director Sarah Darr and Housing and Grants Administrator Kristine Pavlik provided a PowerPoint presentation that covered the following:
 
HOMELESS SHELTER AND SERVICES FUNDS ALLOCATION RECOMMENDATIONS
HOMELESS SHELTER & SERVICES FUNDS
HSSF NOFA PROCESS
COMMUNITY ACTION TEAMS
NORTHLAND FAMILY HELP CENTER
HOMELESS YOUTH CONNECTION
HOUSING SOLUTIONS OF NA
CATHOLIC CHARITIES
FLAGSTAFF SHELTER SERVICES
FUNDING RECOMMENDATIONS
 
Councilmember Matthews stated that she had been made aware that there were over 400 youth aging out of the foster system. She stated that there were not a lot of services to support those individuals. There were many needs throughout the community, and she would support 100% funding for the top three proposals and then splitting the additional $56,000 among the bottom three.
 
Vice Mayor Aslan stated that the scores between the proposals were so close and that he would support the majority of the funding be allocated to the proposal that provided the greatest expanse of service which was Flagstaff Shelter Services. He indicated that he would be amenable to considering a proportional allocation based on the total funding request as a percentage of the $56,000.
 
Councilmember Harris expressed dissatisfaction with the process and the outcome. She stated that the organization that provided service to the most people should receive the bulk of the funding.
 
Mr. Clifton noted that Council provided direction a number of months prior to put a long-term contract in place with Flagstaff Shelter Services for an annual appropriation of $100,000 per year.
 
Anthony Garcia addressed Council and stated that many statements had been taken out of context from the last meeting on the issue. He acknowledged the process that had been put in place to evaluate the proposals. He felt that staff should be given the ability and space to go through the process and deliver the outcomes.
 
Councilmember Matthews responded that it was not about staff and their process but rather Council stepping into the allocation process at the eleventh hour without the necessary information.
 
Ross Schaefer, Executive Director of Flagstaff Shelter Services, addressed Council and stated that they were appreciative any allocation of funding. Flagstaff Shelter Services served 76% of the people in Flagstaff experiencing homelessness and they were the largest emergency shelter program in Coconino County.
 
Jessica Drum, Board Chair for Flagstaff Shelter Services, addressed Council and thanked them and staff for the time put into the consideration of the proposals. She indicated that Flagstaff Shelter Services was grateful for any allocation offered.
 
Councilmember House offered that it was important to remember that the allocations were one time funding. She appreciated the recommendations from the committee and stated that their recommendations had to be weighed alongside the proportional needs. She indicated support for a more proportional distribution that met the needs of each proposal and that did the best good for the community.
 
Councilmember Sweet also indicated her support for a more proportional allocation.
 
Vice Mayor Aslan added that he felt that Flagstaff Shelter Services deserved a larger allocation as the largest organization that served the greatest number of people. He suggested the following allocations:
 
Community Action Teams – $61,765
Northland Family Help Center – $61,916
Homeless Youth Connection – $30,996
Housing Solutions of Northern Arizona – $171,007
Catholic Charities – $89,737
Flagstaff Shelter Services – $340,578
 
A majority of Council expressed their support of the reallocation.
 
It was noted that Catholic Charities would be the only entity that did not receive their minimum request. Following discussion, Council agreed to reallocate $10,000 from Flagstaff Shelter Services to meet the minimum request of Catholic Charities.
 
13.
FUTURE AGENDA ITEM REQUESTS

After discussion and upon agreement by three members of the Council, an item will be moved to a regularly-scheduled Council meeting.
 
A.
Future Agenda Item Request (F.A.I.R.): A request by Councilmember Sweet to place on a future agenda a discussion regarding commission member eligibility when receiving city funding.
Councilmember Sweet stated that the concern had come up a few times in the past and she would like to discuss makeup of commissions and how to handle applicants, or related employers, that may receive funding from the city. When appointed to commissions their participation can be problematic even if they recuse themselves from discussions and decisions. She would like to explore options to address the issue.
 
There was requisite Council support to advance the item to a future agenda for discussion.
 
B.
Future Agenda Item Request (F.A.I.R.): A request by Councilmember House to place on a future agenda a discussion to consider establishing a reporting structure or engagement strategy for board and commission updates to Council
Councilmember House stated that it was important to be able to hear directly from commission about their work programs and recommendations. She would like to discuss a formalized process for regular reports from commissions.
 
There were concerns shared about meeting times and extending them further to accommodate the large number of commissions.  
 
There was not requisite Council support to advance the item to a future agenda for discussion. However, Council asked staff to remind commissions that they could bring items to the Council for discussion as they felt necessary.
 
14.
PUBLIC PARTICIPATION

None
 
15.
INFORMATIONAL ITEMS TO/FROM MAYOR, COUNCIL, AND STAFF, AND FUTURE AGENDA ITEM REQUESTS
Councilmember House reported that Representative Justin Wilmeth was working to designate Pluto as Arizona’s official state planet. She stated that Pluto was the only planet that was discovered in the United States.
 
Councilmember Sweet reported that she attended the Martin Luther King celebration where she was reminded how important it was to have civility and grace while also using a strong voice. She also reported that she would be attending the Flagstaff Police Department promotion, the Alliance Meeting, and the Northern Arizona Water User Association meeting.
 
Councilmember Harris stated that she would be attending a meeting with the Secretary of State to tour the building at 13 S. Leroux St. She also stated that there would be an Open Spaces Commission meeting the following week to discuss road access through Observatory Mesa.
 
Mayor Daggett reported that she was in Washington D.C. for the U.S. Conference of Mayors Meeting. She would also be participating in the Mayor’s Alliance to End Childhood Hunger annual meeting.
 
16.
ADJOURNMENT

The Regular Meeting of the Flagstaff City Council held January 16, 2024, adjourned at 7:25 p.m.
   
 

_____________________________________
MAYOR
ATTEST:
 
 

_____________________________________
CITY CLERK
 


CERTIFICATION

I, STACY SALTZBURG, do hereby certify that I am the City Clerk of the City of Flagstaff, County of Coconino, State of Arizona, and that the above Minutes are a true and correct summary of the Meeting of the Council of the City of Flagstaff held on January 16, 2024. I further certify that the Meeting was duly called and held and that a quorum was present.
 
DATED this 18th day of March, 2025  
 

________________________________________
CITY CLERK