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Minutes for City Council Special Meeting (Executive Session)

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CITY COUNCIL SPECIAL MEETING
TUESDAY, FEBRUARY 3, 2026
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN AVE
12:00 P.M.
 

MINUTES
 
1.
Call to Order
Mayor Daggett called the Special Meeting to order at 12:01 p.m.
 
2.
Roll Call
NOTE: One or more Councilmembers may be in attendance through other technological means.
Present:
  • Mayor Becky Daggett
  • Vice Mayor Miranda Sweet
  • Councilmember Austin Aslan
  • Councilmember Anthony Garcia
  • Councilmember Khara House
  • Councilmember Lori Matthews
  • Councilmember David Spence
Staff:
City Manager Joanne Keene; City Attorney Sterling Solomon
 
3.
Recess into Executive Session
 

Moved by Councilmember Lori Matthews, seconded by Vice Mayor Miranda Sweet to recess into Executive Session.

Vote: 7 - 0 - Unanimously

The City Council recessed into Executive Session at 12:07 p.m.
 
4.
Executive Session Confidentiality Statement

Discussions made during Executive Session are confidential by law. All persons present in Executive Session or who receive Executive Session information or materials shall keep the discussion, information and materials confidential and shall not disclose them, except as allowed by law.
 
5.
Executive Session:
 
A.
Discussion or consultation for legal advice with the attorney or attorneys of the public body, discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation pursuant to A.R.S. §38-431.03(A)(3), (4), respectively
 
i.
Legal advice and consideration regarding litigation against Desert Mountain Energy to file a new lawsuit against Desert Mountain Energy to enforce the City’s contractual rights and protect the City’s Red Gap Ranch water resource investments and water supplies from the risk of contamination by DME’s helium extraction well; and b) continue litigating claims and counterclaims in City of Flagstaff v. Desert Mountain Energy, No. CV2020-00624 (Coconino Cnty. Super Ct.)
 
ii.
Legal advice and consideration regarding Desert Mountain Energy current application, and other future application(s), for exemption from aquifer protection permit(s) in the State of Arizona, and legislation related to aquifer protection permits in the State of Arizona.
 
iii.
Litigation Update.
 
B.
Discussion or consultation for legal advice with the attorney or attorneys of the public body, and discussions or consultations with designated representatives of the public body in order to discuss security plans, procedures, assessments, measures or systems relating to, or having an impact on, the security or safety of buildings, facilities, operations, critical infrastructure information and information technology maintained by the public body. Records, documentation, notes, or other materials made by, or provided to, the representatives pursuant to this paragraph are confidential and exempt from public disclosure under this chapter and title 39, chapter 1, pursuant to A.R.S. §38-431.03(A)(3), and (9), respectively
 
i.
Legal advice regarding SB1070, and police response to immigration enforcement.
 
6.
Reconvene Special Meeting
Mayor Daggett reconvened the Special Meeting at 2:29 p.m.
 
7.
Mayor and Council possible direction regarding Executive Session
 

Moved by Councilmember Lori Matthews, seconded by Councilmember David Spence to direct and authorize the City Attorney and/or designated City representatives to a) file a new lawsuit against Desert Mountain Energy to enforce the City’s contractual rights and protect the City’s Red Gap Ranch water resource investments and water supplies from the risk of contamination by DME’s helium extraction well; and b) continue litigating claims and counterclaims in City of Flagstaff v. Desert Mountain Energy, No. CV2020-00624 (Coconino Cnty. Super Ct.).

Vote: 6 - 0 - Unanimously

 

Moved by Councilmember Lori Matthews, seconded by Vice Mayor Miranda Sweet to direct and authorize the City Attorney and/or designated City representatives to proceed as discussed in executive session regarding Desert Mountain Energy current application, and other future application(s), for exemption from aquifer protection permit(s) in the State of Arizona, and legislation related to aquifer protection permits in the State of Arizona.

Vote: 6 - 0 - Unanimously

 

Moved by Councilmember Lori Matthews, seconded by Vice Mayor Miranda Sweet to direct and authorize the City Attorney and/or designated City representatives to proceed as discussed in the executive session litigation update.

Vote: 6 - 0 - Unanimously

 
8.
Adjournment
The Special Meeting of the Flagstaff City Council held February 3, 2026, adjourned at 2:31 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 February 3, 2026. I further certify that the Meeting was duly called and held and that a quorum was present.
 
DATED this 17th day of February, 2026  
 

________________________________________
CITY CLERK