SUMMARIZED MINUTES
| WATER COMMISSION THURSDAY SEPTEMBER 17, 2026 |
HYBRID MEETING COUNCIL CHAMBERS 211 WEST ASPEN AVENUE 4:00 P.M. |
1.
Call to Order - Chair Ron Doba called the meeting to order at 4:00 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 Commission and to the general public that, at this meeting, the Commission may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Commission’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).
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 Commission and to the general public that, at this meeting, the Commission may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Commission’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
Staff present: Vice Mayor Miranda Sweet, Ering Young, Shannon Anderson, Daniel Kelly, Fire Chief Mark Gaillard, Ryan Beckman, Brian Gall, Tamara Lawless, Elijah Born, Emily Melhorn, Marion Lee, Andrea Armstrong
| NOTE: One or more Commission Members may be in attendance telephonically or by other technological means. |
| RONALD DOBA, CHAIR, Present DONALD BILLS, VICE CHAIR, Absent MATTHEW GARCIA, Present JOHN NAUMAN, Present |
HALEY PAUL, Present CAROLINE REED, Present ROBERT VANE, Present CJ LUCKE, PLANNING AND ZONING REPRESENTATIVE, Present |
Staff present: Vice Mayor Miranda Sweet, Ering Young, Shannon Anderson, Daniel Kelly, Fire Chief Mark Gaillard, Ryan Beckman, Brian Gall, Tamara Lawless, Elijah Born, Emily Melhorn, Marion Lee, Andrea Armstrong
3.
OPEN CALL TO THE PUBLIC
Open call to the Public enables the public to address the Commission about an item that is not on the agenda. If you wish to address the Commission, please state your name and address for the record. The Arizona Open Meeting Law prohibits the Commission from discussing or taking action on an item which is not listed on the prepared agenda. The Commission members may, however, respond to criticism made by those addressing the Commission, ask staff to review a matter, or ask that a matter be place on a future agenda. Public comments should be limited to three minutes reading time.
Open call to the Public enables the public to address the Commission about an item that is not on the agenda. If you wish to address the Commission, please state your name and address for the record. The Arizona Open Meeting Law prohibits the Commission from discussing or taking action on an item which is not listed on the prepared agenda. The Commission members may, however, respond to criticism made by those addressing the Commission, ask staff to review a matter, or ask that a matter be place on a future agenda. Public comments should be limited to three minutes reading time.
4.
APPROVAL OF MINUTES - August 20, 2026
- Commissioner John Nauman asked that his attendance at that meeting be recorded as present, noting he had experienced poor connectivity but was in attendance. The Commission agreed.
- Commissioner Robert Vane identified a word-choice correction on page two ("symmetry" corrected to "bathymetry") regarding sedimentation since the 1999 study. It was changed to read: Erin stated that there has hardly been any sedimentation since the last bathymetry study in 1999.
- Commissioner Vane also raised a question whether a paragraph under Old Business regarding public posting of the report to the Water Commission was placed correctly. After discussion, the Commission concluded the paragraph was properly placed, as the comments pertained to the related discussion of water security and what information in the report should be public versus redacted.
Vote: 6 - 0 - Unanimously
5.
NEW BUSINESS
A. Presentation on Public Safety Propositions 404 & 405 - Public Safety Outreach Committee
The Public Safety Citizen's Committee gave a presentation on the two public safety-related questions on the November ballot - Prop 404 and Prop 405.
Discussion and questions from the Commission covered: how the measures would affect flood response coordination (Commissioner John Nauman); coordination between the Fire Department, Forest Service, and other agencies on wild land fire mitigation, and the rationale for the City building its own wild land fire training facility (Commissioner Robert Vane); whether development impact fees would help fund the planned Fire Station 7 near the JW Powell corridor (Chair Ron Doba); the effect of the measures on homeowner's insurance availability and rates (Commissioner Nauman); and whether airlines contribute to ARFF capital costs (Commissioner Vane). Commissioner CJ Lucke, participating by phone, commented on the possibility of reallocating a larger share of bed, board and beverage (BBB) tax revenue toward airport economic development, and suggested a fire district could be an option for funding services in the JW Powell area.
This item was presented for information only; no motion was made.
B. Low Water Landscape Rebate Program - Elijah Born/Tamara Lawless
Elijah Born, Water Conservation Coordinator, presented on the City's current low-water landscape rebate program and on features of comparable programs in other municipalities, particularly Southern Nevada's program. Key elements of the current program include a rebate of $1.00 per square foot of grass removed, a requirement that converted areas achieve 50% coverage by low-water or native plants, a limit of 20% rock cover, restrictions on irrigation and water features, a prohibition on new spray irrigation and artificial turf, and a prohibition on plant material or mulch within "Zone 0" (the five feet closest to a structure) for fire safety. Staff described a dilemma raised by cost and maintenance-averse customers, including an example of a triplex owner considering a partial (Zone 0-only) rebate in lieu of the full plant-coverage rebate, and discussed features used by other jurisdictions such as permeable non-plant surface requirements, minimum ground-cover depth, exemptions for narrow turf strips, and mandatory stormwater features. Staff requested Commission input on three questions: (1) whether to allow non-plant (e.g., rock, permeable hardscape) conversions to qualify for rebates, and if so, for commercial/multifamily customers only or also residential; (2) whether a smaller, Zone 0-only rebate is reasonable for customers not converting their full yard; and (3) what other program features the Commission favors or disfavors.
Commission discussion included general support for allowing non-plant conversions where they increase stormwater infiltration, with some suggestion to limit this to commercial properties initially; general support for including residential properties in any non-plant conversion rebate; questions about which trees and shrubs qualify and whether drought-tolerant, fire-resistant trees should be actively recommended; and a comment from Chair Ron Doba expressing concern about wood chip mulch as a fire hazard, consistent with prior Fire Department guidance. Staff noted junipers have recently been removed from recommended plant lists due to fire risk. This item was presented for information and feedback; no motion was made. Staff will consider the Commission's input as the program is refined.
A. Presentation on Public Safety Propositions 404 & 405 - Public Safety Outreach Committee
The Public Safety Citizen's Committee gave a presentation on the two public safety-related questions on the November ballot - Prop 404 and Prop 405.
Discussion and questions from the Commission covered: how the measures would affect flood response coordination (Commissioner John Nauman); coordination between the Fire Department, Forest Service, and other agencies on wild land fire mitigation, and the rationale for the City building its own wild land fire training facility (Commissioner Robert Vane); whether development impact fees would help fund the planned Fire Station 7 near the JW Powell corridor (Chair Ron Doba); the effect of the measures on homeowner's insurance availability and rates (Commissioner Nauman); and whether airlines contribute to ARFF capital costs (Commissioner Vane). Commissioner CJ Lucke, participating by phone, commented on the possibility of reallocating a larger share of bed, board and beverage (BBB) tax revenue toward airport economic development, and suggested a fire district could be an option for funding services in the JW Powell area.
This item was presented for information only; no motion was made.
B. Low Water Landscape Rebate Program - Elijah Born/Tamara Lawless
Elijah Born, Water Conservation Coordinator, presented on the City's current low-water landscape rebate program and on features of comparable programs in other municipalities, particularly Southern Nevada's program. Key elements of the current program include a rebate of $1.00 per square foot of grass removed, a requirement that converted areas achieve 50% coverage by low-water or native plants, a limit of 20% rock cover, restrictions on irrigation and water features, a prohibition on new spray irrigation and artificial turf, and a prohibition on plant material or mulch within "Zone 0" (the five feet closest to a structure) for fire safety. Staff described a dilemma raised by cost and maintenance-averse customers, including an example of a triplex owner considering a partial (Zone 0-only) rebate in lieu of the full plant-coverage rebate, and discussed features used by other jurisdictions such as permeable non-plant surface requirements, minimum ground-cover depth, exemptions for narrow turf strips, and mandatory stormwater features. Staff requested Commission input on three questions: (1) whether to allow non-plant (e.g., rock, permeable hardscape) conversions to qualify for rebates, and if so, for commercial/multifamily customers only or also residential; (2) whether a smaller, Zone 0-only rebate is reasonable for customers not converting their full yard; and (3) what other program features the Commission favors or disfavors.
Commission discussion included general support for allowing non-plant conversions where they increase stormwater infiltration, with some suggestion to limit this to commercial properties initially; general support for including residential properties in any non-plant conversion rebate; questions about which trees and shrubs qualify and whether drought-tolerant, fire-resistant trees should be actively recommended; and a comment from Chair Ron Doba expressing concern about wood chip mulch as a fire hazard, consistent with prior Fire Department guidance. Staff noted junipers have recently been removed from recommended plant lists due to fire risk. This item was presented for information and feedback; no motion was made. Staff will consider the Commission's input as the program is refined.
6.
OLD BUSINESS
A. Water Conservation Ordinance Update - Tamara Lawless
Tamara Lawless, Water Conservation Management, provided an update on the ongoing revision of the Water Conservation Ordinance, following a City Council update two nights prior. Proposed changes discussed included:
The Commission discussed the proposed fine increase at length. Staff noted the City Attorney has advised that changing the fine/surcharge amounts requires 60 days' notice, meaning the ordinance's first reading — currently scheduled for October 20, 2026 — would need to move to no earlier than December 1, 2026, if fine amounts are changed at this time. Commissioners expressed differing views on whether fines should be based on staff cost-of-service or set at a punitive/deterrent level, with some support for scaling fines to the square footage of the violation. Given the timing implications (including an incoming new Council), the Commission's consensus was not to hold up the broader ordinance update over the fine question, and to bring the fine/surcharge amounts back as a separate item at a later date, informed by input from the City's rate consultant and legal counsel. No motion was made. Staff will proceed toward a first reading of the ordinance (date to be confirmed) and will bring the fine/surcharge question back to the Commission separately.
B. Process to develop policy for large-volume water users - Erin Young
Erin Young, Water Services Section Director, provided a verbal update (no slide presentation) on a draft ordinance addressing high-volume water users, prepared in coordination with the Planning Division's parallel zoning ordinance update. Key elements of the draft, included in the meeting packet, were summarized as follows:
Staff advised the draft ordinance is expected to go to City Council on October 13, 2026, with an update to return to the Water Commission shortly thereafter. Commissioners requested the item return to next month's Commission agenda for further review, noting that not all Commissioners (including Commissioner Haley Paul) had yet had the opportunity to review the draft, and asked that individual questions or comments be submitted directly to staff (Andrea Armstrong) rather than discussed as a group outside a posted meeting, consistent with the Arizona Open Meeting Law. Vice Mayor Miranda Sweet, prior to leaving the meeting, commented through staff that the large-volume water user policy is a significant issue and that she hopes to see solid Water Commission support communicated to Council. No motion was made. This item will return to the Water Commission for continued discussion.
A. Water Conservation Ordinance Update - Tamara Lawless
Tamara Lawless, Water Conservation Management, provided an update on the ongoing revision of the Water Conservation Ordinance, following a City Council update two nights prior. Proposed changes discussed included:
- Placing reclaimed water irrigation under the same daytime (9 a.m.–5 p.m.) watering restrictions that apply during warm months, excluding golf courses and other uses requiring winter irrigation.
- Revised language addressing whether homeowner’s associations may require residents to maintain a lawn; staff noted the term "maintain" needs a clear legal definition and will be reviewed with the City Attorney's office, particularly given complaints that some HOAs, not residents, control irrigation scheduling.
- A prohibition on irrigating non-functional turf, modeled on California's statewide ordinance, with a proposed 36-month compliance period and potential future one-time rebate funding to assist affected customers, including those subject to HOA landscaping requirements.
- A prohibition on filling new decorative bodies of water (such as ornamental lakes) larger than 1,000 square feet with potable or reclaimed water, with existing, currently maintained bodies of water grandfathered in. Staff confirmed that under the current and prior reclaimed water contracts, Lake Elaine has not been included among the amenity lakes receiving reclaimed water irrigation.
- A prohibition on decorative fountains (not affecting splash pads).
- Administrative updates, including a department name correction and an exemption process allowing alternative watering schedules for athletic fields.
- Possible renaming of the ordinance from "surcharges" to "fines," an 18-month rolling period after which repeat-violation penalty escalation would reset, and a possible increase to the current $25 first violation fine, which has not been substantively updated since the ordinance was adopted in 1988.
The Commission discussed the proposed fine increase at length. Staff noted the City Attorney has advised that changing the fine/surcharge amounts requires 60 days' notice, meaning the ordinance's first reading — currently scheduled for October 20, 2026 — would need to move to no earlier than December 1, 2026, if fine amounts are changed at this time. Commissioners expressed differing views on whether fines should be based on staff cost-of-service or set at a punitive/deterrent level, with some support for scaling fines to the square footage of the violation. Given the timing implications (including an incoming new Council), the Commission's consensus was not to hold up the broader ordinance update over the fine question, and to bring the fine/surcharge amounts back as a separate item at a later date, informed by input from the City's rate consultant and legal counsel. No motion was made. Staff will proceed toward a first reading of the ordinance (date to be confirmed) and will bring the fine/surcharge question back to the Commission separately.
B. Process to develop policy for large-volume water users - Erin Young
Erin Young, Water Services Section Director, provided a verbal update (no slide presentation) on a draft ordinance addressing high-volume water users, prepared in coordination with the Planning Division's parallel zoning ordinance update. Key elements of the draft, included in the meeting packet, were summarized as follows:
- A "high-volume water user" would be defined as a customer using 100,000 gallons per day (peak) or served by a three-inch water meter.
- Triggering this threshold would require a water efficiency plan (updated every five years), a calculation of economic benefit to the Flagstaff community, and comparison of proposed use against the parcel's designated adequate water supply.
- These items would be reviewed by the Water Services Director, with approval, recommendation to the Water Commission and City Council, or a request for an amended application.
- The ordinance would allow the City to require payment of capacity fees in advance ("cash-in-lieu") to fund infrastructure needed to serve the customer, given the multi-year lead time to bring new water production or storage capacity online.
Staff advised the draft ordinance is expected to go to City Council on October 13, 2026, with an update to return to the Water Commission shortly thereafter. Commissioners requested the item return to next month's Commission agenda for further review, noting that not all Commissioners (including Commissioner Haley Paul) had yet had the opportunity to review the draft, and asked that individual questions or comments be submitted directly to staff (Andrea Armstrong) rather than discussed as a group outside a posted meeting, consistent with the Arizona Open Meeting Law. Vice Mayor Miranda Sweet, prior to leaving the meeting, commented through staff that the large-volume water user policy is a significant issue and that she hopes to see solid Water Commission support communicated to Council. No motion was made. This item will return to the Water Commission for continued discussion.
7.
INFORMATIONAL ITEMS TO/FROM THE CHAIR, COMMISSION MEMBERS, OR STAFF
- Commissioner Nauman reported observing sediment buildup (approximately two feet) beneath the bridge below Rio de Flag near a recent drainage work site and asked staff to look into it; Erin Young agreed to pass the observation along to the Stormwater team.
- Erin Young noted that Neil Chapman (Fire/Wildland) is expected to present to the Commission in November, and that staff are collecting additional data previously requested by the Commission regarding wildland/urban interface topics.
- Erin Young reported that the Bureau of Reclamation has indicated support for a proposed appraisal study, and that the City is submitting a final letter to initiate that study; further detail on next steps, including any item that would go to City Council, is expected to be brought to the Commission in a future meeting.
- Erin Young noted they will follow up by email with Chair Doba regarding data previously requested (referencing Lee Williams).
8.
ADJOURNMENT
- Meeting adjourned at 6:00 P.M.