Agenda - View Meetings (All) (0512919392)

CITY COUNCIL REGULAR MEETING
TUESDAY, MARCH 19, 2024
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN AVE
3:00 P.M.

MINUTES

CALL TO ORDER

Mayor Daggett called the meeting of the Flagstaff City Council held March 19, 2024, to order at 3:05 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).

ROLL CALL

NOTE: One or more Councilmembers may be in attendance through other technological means.

MAYOR DAGGETT
VICE MAYOR ASLAN
COUNCILMEMBER HARRIS
COUNCILMEMBER HOUSE

COUNCILMEMBER MATTHEWS
COUNCILMEMBER MCCARTHY
COUNCILMEMBER SWEET

Others present: City Manager Greg Clifton; City Attorney Sterling Solomon.

PLEDGE OF ALLEGIANCE, MISSION STATEMENT, AND LAND ACKNOWLEDGEMENT

The Council and audience recited the pledge of allegiance, Councilmember House 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.

APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

Moved by Councilmember Khara House, seconded by Councilmember Lori Matthews to approve the minutes of the City Council Regular Meeting of June 20, 2023, Regular Meeting of July 3, 2023, Regular Meeting of August 28, 2023, Regular Meeting of September 5, 2023, Work Session of September 12, 2023, Regular Meeting of September 19, 2023, Regular Meeting of October 3, 2023, Retreat of October 12, 2023, Regular Meeting of October 17, 2023, Joint Work Session of October 23, 2023, Regular Meeting of November 7, 2023, Regular Meeting of November 21, 2023, Special Meeting (Executive Session) of January 9, 2024, Special Meeting (Executive Session) of January 16, 2024, Special Meeting (Executive Session) of January 23, 2024, Special Meeting (Executive Session) of February 6, 2024, Special Meeting (Executive Session) of February 20, 2024, and Special Meeting (Executive Session) of February 27, 2024.

Vote: 7 - 0 - Unanimously

OPEN CALL TO THE PUBLIC

Open Call to the Public enables the public to address the Council about an item that is not on the prepared agenda. Comments relating to items that are on the agenda will be taken at the time that the item is discussed. Open Call to the Public appears on the agenda twice, at the beginning and at the end. The total time allotted for the first Open Call to the Public is 30 minutes; any additional comments will be held until the second Open Call to the Public.

If you wish to address the Council in person at today'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 Open Call to the Public and Public Comment. 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.

COUNCIL LIAISON REPORTS

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).

Consideration of Appointments: Planning and Zoning Commission.

Moved by Councilmember Deborah Harris, seconded by Councilmember Khara House to appoint CJ Lucke to a term expiring December 2026.

Vote: 7 - 0 - Unanimously

Moved by Councilmember Jim McCarthy, seconded by Councilmember Khara House to appoint Megan Weller to a term expiring December 2026.

Vote: 7 - 0 - Unanimously

Moved by Councilmember Khara House, seconded by Councilmember Miranda Sweet to appoint Carlton Johnson to a term expiring December 2025.

Vote: 7 - 0 - Unanimously

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.

Consideration and Action on Liquor License Application: Catherine Marie Gomes, "Family Dollar #24029," 3494 E. Route 66, Series 10 (beer and wine store), New License.

Mayor Daggett opened the public hearing.

Sergeant Nick Almendarez introduced the application and noted no concerns.

There being no public comment, Mayor Daggett closed the public hearing.

Moved by Vice Mayor Austin Aslan, seconded by Councilmember Khara House to forward the application to the State with a recommendation for approval with the amendment provided by the applicant that no single serving mini bottles will not be provided at this location.

Vote: 7 - 0 - Unanimously

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: 7 - 0 - Unanimously

Consideration and Approval of Contract Ratification: Ratify the Agreement between the Department of the Army and the City of Flagstaff to provide federal funds for Design and Construction Assistance for the Downtown Flood Lateral Tunnel Project.

Ratify the Agreement with the Department of the Army to provide $1,200,000 in federal funds to the City of Flagstaff for Design and Construction Assistance for the Downtown Flood Lateral Tunnel Project.

Consideration and Approval of Grant Agreement: Grant Agreement between the City of Flagstaff and the Arizona Department of Transportation (ADOT) for the construction of a Snow Removal Equipment Building (SREB), Phase 1 Site Preparation.

Approve Grant Agreement with the Arizona Department of Transportation for the Airport Snow Removal Equipment Building, Phase 1 Site Preparation, in an amount not to exceed $217,304 as a matching grant.

Consideration and Approval of Cooperative Purchase Contract: With Continuant, Inc. in an amount not to exceed $100,000 for Microsoft Teams calling migration, equipment, licensing, and support/maintenance.

Approval of a Cooperative Purchase Contract with Continuant, Inc. in an amount not to exceed $100,000 for Microsoft Teams calling migration, equipment, licensing, and support/maintenance; and
Authorize the City Manager to execute the necessary documents.

Consideration and Approval of Contract Amendment: Approval of a contract amendment for the City Attorney effective March 5, 2024.

Approve City Attorney Contract Amendment adding one week (5 days) of vacation leave per year for a total of 28 days.

Consideration and Approval of Contract: Cedar Avenue Culvert Improvement Project, a grant agreement between the Arizona Department of Emergency and Military Affairs (DEMA) and the City of Flagstaff.

Approve the grant agreement with the Arizona Department of Emergency and Military Affairs (DEMA) for the award of the Cedar Avenue Culvert Improvement Project, a FEMA HMGP grant (HMGP DR-4524-011-07R) for a total project cost of $1,950,495, with a Federal share of $990,000 and a City share of $960,495.

Consideration and Approval: Letter of Support for the AZ Healthy Tomorrow Initiative

Approve the Letter of Support

10.

ROUTINE ITEMS

Consideration and Approval of Contract Ratification: Partially Ratify the GMP (Guaranteed Maximum Price) 1 for the Pre-cast box culvert for the Schultz Creek Drainage Improvements at US HWY 180 to J. Banicki Construction valued at $611,398.90. The remaining total value of Banicki’s proposal is $7,224,422.12, this is the first GMP for the Highway 180 culvert project with a full value at $7,835,821.02 for Construction Phase Services. In addition to GMP 1, a contract amendment for Design Phase utility locating services in the amount of $46,847.47 to Banicki Construction is also attached.

Moved by Councilmember Lori Matthews, seconded by Councilmember Jim McCarthy to approve partial ratification of the GMP 1 for the Pre-cast box culvert procurement for the Schultz Creek Improvements at US HWY 180 to Banicki Construction valued at $611,398.90, approve the remaining value equaling $7,224,422.12 of Banicki’s proposal Construction Phase GMP 1 full value equaling $7,835,821.02, approve ratification of the Design Phase utility locating contract amendment with Banicki Construction for the project in the amount of $46,847.47, and authorize the City Manager to execute the necessary documents.

Vote: 7 - 0 - Unanimously

Consideration and Adoption of Ordinance No. 2024-08: An ordinance amending the Flagstaff City Code, Chapter 1-14, Personnel System by amending the Employee Handbook of Regulations, Section 1-70-030 Retiree Insurance; providing for repeal of conflicting ordinances, severability, authority for clerical correction, and establishing an effective date.

Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to read Ordinance No. 2024-08 by title only for the final time.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF CITY CODE, CHAPTER 1-14, PERSONNEL SYSTEM, BY AMENDING THE EMPLOYEE HANDBOOK OF REGULATIONS, SECTION 1-70-030 RETIREE INSURANCE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE

Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to adopt Ordinance No. 2024-08.

Vote: 7 - 0 - Unanimously

Consideration and Adoption of Ordinance No. 2024-07: An ordinance of the Council of the City of Flagstaff, Coconino County, Arizona (1) providing for sale and issuance of City of Flagstaff, Arizona General Obligation Bonds and General Obligation Refunding Bonds, in one or more series, and for the annual levy of a tax for the payment of the bonds; (2) approving the form and authorizing the execution and delivery of necessary agreements, instruments and documents related to the sale and issuance of the bonds; (3) delegating authority to the Mayor and Management Services Director of the City to determine certain matters and terms with respect to the foregoing as well as certain matters with respect to the bonds being refunded with the proceeds of the sale of the bonds; and (4) authorizing the taking of all other actions necessary to consummate the transactions contemplated by this ordinance and ratifying all actions taken to further this ordinance.

Moved by Councilmember Jim McCarthy, seconded by Councilmember Khara House to read Ordinance No. 2024-07 by title only for the final time.

Vote: 7 - 0 - Unanimously

AN ORDINANCE OF THE COUNCIL OF THE CITY OF FLAGSTAFF, COCONINO COUNTY, ARIZONA (1) PROVIDING FOR THE SALE AND ISSUANCE OF CITY OF FLAGSTAFF, ARIZONA GENERAL OBLIGATION BONDS AND GENERAL OBLIGATION REFUNDING BONDS, IN ONE OR MORE SERIES, AND FOR THE ANNUAL LEVY OF A TAX FOR THE PAYMENT OF THE BONDS; (2) APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF NECESSARY AGREEMENTS, INSTRUMENTS AND DOCUMENTS RELATED TO THE SALE AND ISSUANCE OF THE BONDS; (3) DELEGATING AUTHORITY TO THE MAYOR AND MANAGEMENT SERVICES DIRECTOR OF THE CITY TO DETERMINE CERTAIN MATTERS AND TERMS WITH RESPECT TO THE FOREGOING AS WELL AS CERTAIN MATTERS WITH RESPECT TO BONDS BEING REFUNDED WITH THE PROCEEDS OF THE SALE OF THE BONDS; AND (4) AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO CONSUMMATE THE TRANSACTIONS CONTEMPLATED BY THIS ORDINANCE AND RATIFYING ALL ACTIONS TAKEN TO FURTHER THIS ORDINANCE

Moved by Councilmember Lori Matthews, seconded by Councilmember Deborah Harris to adopt Ordinance No. 2024-07.

Vote: 7 - 0 - Unanimously

Consideration and Approval of Audited Financial Reports: Year ending June 30, 2023

Moved by Councilmember Lori Matthews, seconded by Councilmember Deborah Harris to approve the FY 2022-2023 Annual Comprehensive Financial Report and the FY 2022-2023 Single Audit Report.

Vote: 7 - 0 - Unanimously

Consideration and Adoption of Resolution No. 2024-05 and Ordinance No. 2024-03: A resolution of the City Council of the City of Flagstaff, Coconino County, Arizona, declaring as a public record that certain document filed with the City Clerk entitled "PZ-23-00136 - Residential Uses in the Public Facility (PF) Zone" and an ordinance of the City Council of the City of Flagstaff, Coconino County, Arizona, amending the Flagstaff City Code, Title 10, Flagstaff Zoning Code, to allow residential uses (single-family, duplex, and multi-family dwellings) as a permitted or conditional use in the Public Facility (PF) zone.

Moved by Councilmember Jim McCarthy, seconded by Councilmember Deborah Harris to recess into Executive Session for legal advice.

Vote: 7 - 0 - Unanimously

The Council recessed into Executive Session from 5:04 p.m. through 5:23 p.m.

Moved by Councilmember Khara House, seconded by Vice Mayor Austin Aslan to adopt Resolution No. 2024-05 with the revised Exhibit A.

Vote: 6 - 1

NAY:

Councilmember Jim McCarthy

Moved by Councilmember Khara House, seconded by Councilmember Lori Matthews to read Ordinance No. 2024-03 by title only for the final time with the revised Exhibit A.

Vote: 6 - 1

NAY:

Councilmember Jim McCarthy

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF CITY CODE, TITLE 10, FLAGSTAFF ZONING CODE, BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED “PZ-23-00136 – RESIDENTIAL USES IN THE PUBLIC FACILITY (PF) ZONE”; PROVIDING FOR PENALTIES, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE

Moved by Councilmember Khara House, seconded by Councilmember Lori Matthews to adopt Ordinance No. 2024-03 as amended.

Vote: 7 - 0 - Unanimously

Consideration and Adoption of Resolution No. 2024-11: A resolution of the Flagstaff City Council prioritizing the development of affordable housing for Flagstaff residents at a range of income levels as determined by current needs on lands owned by the City of Flagstaff that are made available for development.

Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to read Resolution No. 2024-11 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL PRIORITIZING THE DEVELOPMENT OF AFFORDABLE HOUSING FOR FLAGSTAFF RESIDENTS AT A RANGE OF INCOME LEVELS AS DETERMINED BY CURRENT NEEDS ON LANDS OWNED BY THE CITY OF FLAGSTAFF THAT ARE MADE AVAILABLE FOR DEVELOPMENT, AND PROVIDING FOR EXCEPTIONS; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS, AND ESTABLISHING AN EFFECTIVE DATE

Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to adopt Resolution No. 2024-11.

Vote: 7 - 0 - Unanimously

11.

PUBLIC HEARING ITEMS

Consideration and Adoption of Ordinance No. 2024-10: An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 18.24 acres of real property generally located at 6500 E Route 66, from the Rural Residential (RR) zone with a Resource Protection Overlay (RPO) to the Heavy Industrial (HI) zone with a Resource Protection Overlay (RPO), providing for severability, authority for clerical corrections, and establishing an effective date.

Moved by Councilmember Jim McCarthy, seconded by Councilmember Miranda Sweet to read Ordinance No. 2024-10 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 18.24 ACRES OF REAL PROPERTY GENERALLY LOCATED AT 6500 E ROUTE 66, FROM THE RURAL RESIDENTIAL (RR) ZONE WITH A RESOURCE PROTECTION OVERLAY (RPO) TO THE HEAVY INDUSTRIAL (HI) ZONE WITH A RESOURCE PROTECTION OVERLAY (RPO), PROVIDING FOR SEVERABILITY, AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE

A break was held from 6:06 p.m. through 6:26 p.m.

12.

REGULAR AGENDA

Parking District Enforcement Update and Consideration and Adoption of Resolution No. 2024-10 and Ordinance No. 2024-06: A Resolution of the Flagstaff City Council declaring as a public record that certain document filed with the City Clerk and entitled "2024 Parking Code Amendments"; and, an Ordinance of the Flagstaff City Council, amending the Flagstaff City Code, Title 9 Traffic, Chapter 9-01 Traffic Code, by adopting by reference that certain document entitled "2024 Parking Code Amendments"; providing for repeal of conflicting ordinances, severability, and establishing an effective date.

Moved by Councilmember Khara House, seconded by Councilmember Miranda Sweet to read Resolution No. 2024-10 by title only.

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 “2024 PARKING CODE AMENDMENTS”

Moved by Councilmember Miranda Sweet, seconded by Councilmember Khara House to read Ordinance No. 2024-06 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 9 TRAFFIC, CHAPTER 9-01 TRAFFIC CODE, BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED “2024 PARKING CODE AMENDMENTS”; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE

Consideration and Approval: Rental Incentive Bond Program Awards

Moved by Councilmember Jim McCarthy, seconded by Councilmember Khara House to approve two Rental Incentive Bond Program Awards totaling $3,330,000 resulting in 139 affordable rental units, as recommended by the Ranking Committee.

Vote: 7 - 0 - Unanimously

Consideration and Approval of Resolution No. 2024-12: A Resolution of the Flagstaff City Council, authorizing a Ground Lease and Master Development Services Agreement with Genterra Enterprises, LLC for the lease and development of approximately 31.468 acres of land located at 456 W. John Wesley Powell Boulevard near the Flagstaff Pulliam Airport; and establishing an effective date.

Moved by Councilmember Khara House, seconded by Councilmember Miranda Sweet to read Resolution No. 2024-12 by title only.

Vote: 7 - 0 - Unanimously

A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL, AUTHORIZING A GROUND LEASE AND MASTER DEVELOPMENT SERVICES AGREEMENT WITH GENTERRA ENTERPRISES, LLC FOR THE LEASE AND DEVELOPMENT OF APPROXIMATELY 31.468 ACRES OF LAND LOCATED AT 456 W. JOHN WESLEY POWELL BOULEVARD NEAR THE FLAGSTAFF PULLIAM AIRPORT; AND ESTABLISHING AN EFFECTIVE DATE

Moved by Councilmember Miranda Sweet, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2024-12.

Vote: 7 - 0 - Unanimously

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.

Future Agenda Item Request (F.A.I.R.): A Citizens' Petition titled Permanent Cease-fire Resolution

There was requisite support to advance the item to a future agenda for discussion.

14.

OPEN CALL TO THE PUBLIC

15.

INFORMATIONAL ITEMS TO/FROM MAYOR, COUNCIL, AND STAFF, AND FUTURE AGENDA ITEM REQUESTS

16.

ADJOURNMENT

The Regular Meeting of the Flagstaff City Council held March 19, 2024, adjourned at 9:00 p.m.

CERTIFICATE OF POSTING OF NOTICE

The undersigned hereby certifies that a copy of the foregoing notice was duly posted at Flagstaff City Hall on                      , at                a.m./p.m. in accordance with the statement filed by the City Council with the City Clerk.

Dated this               day of                                       , 2024.

__________________________________________
Stacy Saltzburg, MMC, City Clerk

THE CITY OF FLAGSTAFF ENDEAVORS TO MAKE ALL PUBLIC MEETINGS ACCESSIBLE TO PERSONS WITH DISABILITIES. With 48-hour advance notice, reasonable accommodations will be made upon request for persons with disabilities or non-English speaking residents. Please call the City Clerk (928) 213-2076 or email at stacy.saltzburg@flagstaffaz.gov to request an accommodation to participate in this public meeting.

NOTICE TO PARENTS AND LEGAL GUARDIANS: Parents and legal guardians have the right to consent before the City of Flagstaff makes a video or voice recording of a minor child, pursuant to A.R.S. § 1-602(A)(9). The Flagstaff City Council meetings are live-streamed and recorded and may be viewed on the City of Flagstaff's website. If you permit your child to attend/participate in a televised Council meeting, a recording will be made. You may exercise your right not to consent by not allowing your child to attend/participate in the meeting.