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CITY COUNCIL REGULAR MEETING TUESDAY, MAY 7, 2024 CITY HALL COUNCIL CHAMBERS 211 WEST ASPEN AVE 3:00 P.M.   MINUTES

1.				CALL TO ORDER Mayor Daggett called the meeting of the Flagstaff City Council held May 7, 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 VICE MAYOR ASLAN COUNCILMEMBER HARRIS COUNCILMEMBER HOUSE COUNCILMEMBER MATTHEWS COUNCILMEMBER MCCARTHY COUNCILMEMBER SWEET (virtual) 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 House read the Mission Statement of the City of Flagstaff, and Vice Mayor Aslan 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.				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.
5.				PROCLAMATIONS AND RECOGNITIONS
	A.			Proclamation: Municipal Clerks Week
				Councilmember Matthews read and presented the proclamation.
	B.			Proclamation: Economic Development Week
				Mayor Daggett read and presented the proclamation.
	C.			Proclamation: Bike Month
				Vice Mayor Aslan read and presented the proclamation.
6.				COUNCIL LIAISON REPORTS
7.				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: Commission on Inclusion and Adaptive Living

				Moved by Councilmember Lori Matthews, seconded by Councilmember Jim McCarthy to appoint Laura Smith to a term expiring March 2025.

				Vote: 7 - 0 - Unanimously
8.				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: Lauren Kay Merrett, "Grand Canyon Spirits," 928 Fort Valley Road, Series 07 (Beer and Wine Bar), Owner Transfer.
				Mayor Daggett opened the public hearing.   Sergeant Nick Almendarez introduced the two applications and noted no concerns from police; however there were concerns from Community Development. There being no public comment, Mayor Daggett closed the public hearing.

				Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Austin Aslan to forward the application to the state with a recommendation for denial with the understanding that the Council would be supportive once the appropriate paperwork was submitted.

				Vote: 7 - 0 - Unanimously
	B.			Consideration and Action on Liquor License Application:  Lauren Kay Merrett, "Grand Canyon Spirits," 928 Fort Valley Road, Series 09 (Liquor Store), Owner Transfer.
				Mayor Daggett opened the public hearing.   Sergeant Almendarez introduced the application and noted no concerns.   There being no public comment, Mayor Daggett closed the public hearing.

				Moved by Councilmember Jim McCarthy, seconded by Councilmember Khara House to forward the application to the state with a recommendation for approval.

				Vote: 7 - 0 - Unanimously
9.				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 Khara House, seconded by Councilmember Jim McCarthy to approve the Consent Agenda as presented.

				Vote: 7 - 0 - Unanimously
	A.			Consideration and Approval of Lease Amendments:  Flagstaff Airport Rental Car Concessions, IFB 2011-09A: Amendment to leases with Avis Budget Car Rental LLC, Alamo Rental Car/National Car Rental, The Hertz Corporation, and Enterprise Rent-A-Car companies, to continue leases on a month-to-month basis.  Approve amendments to the current leases between the City of Flagstaff and Avis Budget Car Rental LLC, Alamo Rental Car/National Car Rental, The Hertz Corporation, and Enterprise Rent-A-Car Companies, to continue the leases on a month-to-month basis; and Authorize the City Manager to execute all necessary documents.
	B.			Consideration and Approval of Contract:  Approve the Professional Services Contract with Ardurra Group, Inc. in the amount of $492,235.00 for the Wildcat Interceptor Sewer Upgrade Project.  Approve the Professional Services Contract with Ardurra Group, Inc. in the amount of $492,235.00 for the Wildcat Interceptor Sewer Upgrade Project; and Authorize the City Manager to execute the necessary documents.
	C.			Consideration and Approval of Grant Agreement Ratification:  Water Conservation Grant Fund Agreement with Water Infrastructure Finance Authority  Approve the Grant Agreement with the Water Infrastructure Finance Authority (WIFA) Water Conservation Grant Program for the City's Radio Read Meter Replacement Program for $750,000.00 (75% WIFA Share), with a minimum $250,000.00 (25% Non-Federal Share) match requirement; and Authorize the City Manager to execute the necessary documents.
	D.			Consideration and Approval of Contract:  First Amendment to the Cinder Lake Landfill Construction Manager at Risk, Phase 2-Cell D, Construction Services Agreement - GMP 2 with Rummel Construction, Inc.  Approve the First Amendment to the Cinder Lake Landfill Construction Manager at Risk, Phase 2-Cell D, Construction Services Agreement - GMP 2 with Rummel Construction, Inc. of $2,344,891.66, in addition to an Owner's Contingency of $55,108.34, for a total price of $2,400.000.00, with a scheduled start date of July 2, 2024; and Authorize the City Manager to execute the necessary documents.
	E.			Consideration and Approval of Contract: Second Amendment to the Contract for Professional Services for the Cinder Lake Landfill Sequence D-Phase II Excavation Plan and Landfill Design, with Tetra Tech BAS, Inc.  Approve the Second Amendment to the Contract for Professional Services with Tetra Tech BAS for Cinder Lake Landfill Sequence D Phase II Excavation Plan and Landfill Design in the amount of $125,037.95; and Authorize the City Manager to execute the necessary documents.
	F.			Consideration and Approval of Contract:  Approval of Contract with Flagstaff Shelter Services for emergency shelter and services, in an annual amount of $100,000.  Approve the Contract with Flagstaff Shelter Services for emergency shelter and services, in an annual amount of $100,000; and Authorize the City Manager to execute the necessary documents.
10.				ROUTINE ITEMS
	A.			Consideration and Adoption of Ordinance No. 2024-14: An ordinance of the City Council of the City of Flagstaff, ratifying the grants of easements and real property; and formally accepting grants of easements and real property; providing for severability, authority for clerical corrections, and establishing an effective date.

				Moved by Councilmember Lori Matthews, seconded by Councilmember Deborah Harris to read Ordinance No. 2024-18 by title only for the final time.

				Vote: 7 - 0 - Unanimously
				AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, RATIFYING THE GRANT AND RESERVATION OF EASEMENTS; AND FORMALLY ACCEPTING DEDICATIONS AND DONATIONS OF EASEMENTS AND REAL PROPERTY INTERESTS; PROVIDING FOR SEVERABILITY, AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE

				Moved by Councilmember Lori Matthews, seconded by Councilmember Khara House to adopt Ordinance No. 2024-18.

				Vote: 7 - 0 - Unanimously
11.				REGULAR AGENDA
	A.			Consideration and Adoption of Ordinance No. 2024-15: An ordinance amending the Flagstaff City Code, Chapter 1-14, Personnel System, by amending the Employee Handbook of Regulations, Section 1-50-010 Holiday Leave; providing for repeal of conflicting ordinances, severability, authority for clerical correction, and establishing an effective date.

				Moved by Councilmember Khara House, seconded by Councilmember Miranda Sweet to read Ordinance No. 2024-15 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, CHAPTER 1-14, PERSONNEL SYSTEM, BY AMENDING THE EMPLOYEE HANDBOOK OF REGULATIONS, SECTION 1-50-010 HOLIDAY LEAVE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE
	B.			Consideration and Adoption of Resolution No. 2024-21:  A resolution approving settlement of the City’s attorney fees in City of Flagstaff v. State of Arizona, et. al., Case No.: CV2021-011210 in the Maricopa County Superior Court relating to Flagstaff’s local minimum wage and its alleged impacts on agencies of the State of Arizona operating in Flagstaff.

				Moved by Councilmember Lori Matthews, seconded by Councilmember Khara House to read Resolution No. 2024-21 by title only.

				Vote: 7 - 0 - Unanimously
				A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL AUTHORIZING SETTLEMENT OF THE CITY’S ATTORNEY FEES IN CITY OF FLAGSTAFF V. STATE OF ARIZONA, ET. AL., RELATING TO FLAGSTAFF’S LOCAL MINIMUM WAGE AND ITS ALLEGED IMPACTS ON AGENCIES OF THE STATE OF ARIZONA OPERATING IN FLAGSTAFF

				Moved by Councilmember Lori Matthews, seconded by Councilmember Khara House to adopt Resolution No. 2024-21.

				Vote: 7 - 0 - Unanimously
12.				DISCUSSION ITEMS
	A.			Post-wildfire Flooding Update
	B.			Discussion and Possible Direction on the Flagstaff Pulliam Airport Air Carrier Incentive Policy
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. The City Council will take public comment on Items 13A and 13B together at the beginning of this section.
	A.			Consideration and Possible Action on Permanent Cease-Fire Resolution: Citizens' Petition titled "A permanent cease-fire resolution"

				Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Austin Aslan to advance the Resolution proposed by Councilmember McCarthy to a future meeting for action.

				Vote: 2 - 5
				AYE: Councilmember Jim McCarthy   Vice Mayor Austin Aslan
	B.			Future Agenda Item Request (F.A.I.R.): A Citizens' Petition titled "Support for Israel's Right to Defend Itself"
				There was not requisite support to advance the petition 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 May 7, 2024, adjourned at 6:45 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.