CITY COUNCIL REGULAR MEETING AGENDA
A M E N D E D
All City Council Meetings are live streamed on the city's website (https://www.flagstaffaz.gov/1461/Streaming-City-Council-Meetings) ***PUBLIC COMMENT*** Verbal public comments not related to items appearing on the posted agenda may be provided during the "Open Call to the Public" at the beginning and end of the meeting and may only be provided in person. Verbal public comments related to items appearing on the posted agenda may be given in person or online and will be taken at the time the item is discussed. To provide online verbal comment on an item that appears on the posted agenda, use the link below. ONLINE VERBAL PUBLIC COMMENT Written comments may be submitted to publiccomment@flagstaffaz.gov. All comments submitted via email will be considered written comments and will be documented in the record as such. |
1. | CALL TO ORDER
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).
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2. | ROLL CALL NOTE: One or more Councilmembers may be in attendance through other technological means.
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3. | PLEDGE OF ALLEGIANCE, MISSION STATEMENT, AND LAND ACKNOWLEDGEMENT
MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
LAND ACKNOWLEDGEMENT
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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. |
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5. | PROCLAMATIONS AND RECOGNITIONS | |||||||
A. | Proclamation: Municipal Clerks Week | |||||||
B. | Proclamation: Economic Development Week | |||||||
C. | Proclamation: Bike Month | |||||||
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). |
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A. | Consideration of Appointments: Commission on Inclusion and Adaptive Living |
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STAFF RECOMMENDED ACTION: | ||||||||
Make one appointment to a term expiring March 2025. |
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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. STAFF RECOMMENDED ACTION:
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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. |
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STAFF RECOMMENDED ACTION: | ||||||
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B. | Consideration and Action on Liquor License Application: Lauren Kay Merrett, "Grand Canyon Spirits," 928 Fort Valley Road, Series 09 (Liquor Store), Owner Transfer. |
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STAFF RECOMMENDED ACTION: | ||||||
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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. STAFF RECOMMENDED ACTION:
Approve the Consent Agenda as posted.
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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. |
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STAFF RECOMMENDED ACTION: | ||||||
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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. |
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STAFF RECOMMENDED ACTION: | ||||||
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C. | Consideration and Approval of Grant Agreement Ratification: Water Conservation Grant Fund Agreement with Water Infrastructure Finance Authority |
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STAFF RECOMMENDED ACTION: | ||||||
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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. |
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STAFF RECOMMENDED ACTION: | ||||||
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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. |
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STAFF RECOMMENDED ACTION: | ||||||
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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. |
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STAFF RECOMMENDED ACTION: | ||||||
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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. |
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STAFF RECOMMENDED ACTION: | ||||||
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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. |
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STAFF RECOMMENDED ACTION: | ||||||
At the May 7, 2024 Council Meeting: 1) Read Ordinance No. 2024-15 by title only for the first time 2) City Clerk reads Ordinance No. 2024-15 by title only (if approved above) At the May 21, 2024 Council Meeting: 3) Read Ordinance No. 2024-15 by title only for the final time 4) City Clerk reads Ordinance No. 2024-15 by title only (if approved above) 5) Adopt Ordinance No. 2024-15 |
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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. |
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STAFF RECOMMENDED ACTION: | ||||||
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12. | DISCUSSION ITEMS | |||||
A. | Post-wildfire Flooding Update |
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STAFF RECOMMENDED ACTION: | ||||||
For information only. |
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B. | Discussion and Possible Direction on the Flagstaff Pulliam Airport Air Carrier Incentive Policy |
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STAFF RECOMMENDED ACTION: | ||||||
Discussion and possible direction |
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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. |
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A. | Consideration and Possible Action on Permanent Cease-Fire Resolution: Citizens' Petition titled "A permanent cease-fire resolution" |
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STAFF RECOMMENDED ACTION: | ||||||
Staff has no recommendation. The Council may choose to take action on either of the attached resolutions by reading by title only and then adopting. The Council may choose to take no action. |
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B. | Future Agenda Item Request (F.A.I.R.): A Citizens' Petition titled "Support for Israel's Right to Defend Itself" |
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STAFF RECOMMENDED ACTION: | ||||||
Council Direction |
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14. | OPEN CALL TO THE PUBLIC | |||||
15. | INFORMATIONAL ITEMS TO/FROM MAYOR, COUNCIL, AND STAFF, AND FUTURE AGENDA ITEM REQUESTS | |||||
16. | ADJOURNMENT | |||||
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. |
7.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration of Appointments: Commission on Inclusion and Adaptive Living |
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STAFF RECOMMENDED ACTION: | |||||
Make one appointment to a term expiring March 2025. |
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Executive Summary: | |||||
The Commission on Inclusion and Adaptive Living consists of seven citizens serving three-year terms. The commission's goals are to expand educational opportunities; improve access to housing, buildings, and transportation; have greater participation in recreational, social, and cultural activities; encourage greater opportunity for employment; and expand and strengthen rehabilitative programs and facilities. There is currently one seat available due to a resignation. It is important to fill vacancies on Boards and Commissions quickly so as to allow the Commission to continue meeting on a regular basis. The City of Flagstaff is committed to increasing diversity in every board and commission, please consider how the applicant stated they may contribute to this commitment. There are four applications on file for consideration by the Council, they are as follows:
In an effort to reduce exposure to personal information the applicant roster and applications will be submitted to the City Council separately.
COUNCIL APPOINTMENT ASSIGNMENTS: Councilmember Matthews
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Financial Impact: | |||||
These are voluntary positions and there is no budgetary impact to the City of Flagstaff. | |||||
Policy Impact: | |||||
None | |||||
Connection to PBB, Carbon Neutrality Plan, 10-Year Housing Plan & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives Inclusive and Engaged Community - Foster community pride and civic engagement; advance social equity and social justice in Flagstaff; facilitate and foster diversity and inclusivity; and enhance community outreach and engagement opportunities. 10-Year Housing Plan Connect 2.2: Encourage community organizations such as the local Continuum of Care to continue to integrate equity into programs and policies. |
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Has There Been Previous Council Decision on This: | |||||
None | |||||
Options and Alternatives: | |||||
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Community Involvement: | |||||
The City's boards, commissions, and committees were created to foster public participation and input and to encourage Flagstaff citizens to take an active role in city government. | |||||
Expanded Options and Alternatives: | |||||
INFORM: Board members and City staff have informed the community of these vacancies through word of mouth in addition to the posting on the City's website. | |||||
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Attachments: | Commission on Inclusion and Adaptive Living Authority |
8.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
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. |
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STAFF RECOMMENDED ACTION: | |||||
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Executive Summary: | |||||
The liquor license process begins at the State level and applications are then forwarded to the respective municipality for posting of the property and holding a public hearing, after which the Council recommendation is forwarded back to the State. A Series 07 beer and wine bar license allows a beer and wine bar retailer to sell and serve beer and wine, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A Series 07 license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Grand Canyon Spirits is an existing liquor store and bar and is requesting an owner transfer. If approved, it will be one of the 25 active series 07 licenses in Flagstaff. To view surrounding liquor licenses, please visit the Active Liquor Licenses Map. The property has been posted as required, and the Police and Community Development divisions have reviewed the application. The Police Department noted no concerns. However, Community Development has noted that there are active Zoning Code and Building Code violations associated with the applicant or the property at this time. The bar was constructed without proper permits and the current owner must submit all permit applications that will be reviewed for approval or denial through the Planning Department and Building Safety Department. Staff recommends denial of this liquor license request until all permits are approved. |
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Financial Impact: | |||||
There is no budgetary impact to the City of Flagstaff as this is a recommendation to the State. | |||||
Policy Impact: | |||||
Not applicable. | |||||
Previous Council Decision or Community Discussion: | |||||
Not applicable.
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Options and Alternatives to Recommended Action: | |||||
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Background and History: | |||||
Key Considerations: Because the application is for an owner transfer, consideration may be given to the applicant's personal qualifications. The deadline for issuing a recommendation on this application is May 7, 2024. Community Involvement: This business will contribute to the tax base of the community. We are not aware of any other relevant considerations. Expanded Options and Alternatives: The application was properly posted on April 17, 2024. No written protests have been received to date. |
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Connection to PBB Priorities and Objectives: | |||||
Liquor licenses are a regulatory action and there are no Community Priorities that apply. | |||||
Connection to Regional Plan: | |||||
Liquor licenses are a regulatory action and there are no Regional Priorities that apply. | |||||
Connection to Carbon Neutrality Plan: | |||||
Liquor licenses are a regulatory action. | |||||
Connection to 10-Year Housing Plan: | |||||
Liquor licenses are a regulatory action. | |||||
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Attachments: | Letter to Applicant | ||
Hearing Procedures | |||
Series 07 Description | |||
PD Memo | |||
Zoning Memo | |||
Map |
8.B.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Action on Liquor License Application: Lauren Kay Merrett, "Grand Canyon Spirits," 928 Fort Valley Road, Series 09 (Liquor Store), Owner Transfer. |
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STAFF RECOMMENDED ACTION: | |||||
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Executive Summary: | |||||
The liquor license process begins at the State level and applications are then forwarded to the respective municipality for posting of the property and holding a public hearing, after which the Council recommendation is forwarded back to the State. Series 09 licenses are quota licenses and must be obtained through the person/location transfer of an existing license from another business or through the Arizona Liquor License Lottery. Grand Canyon Spirits is an active business in Flagstaff operating under an interim license. If approved, it will be one of the 38 active series 09 liquor licenses in Flagstaff and will be able to sell all spirituous liquor. To view surrounding liquor licenses, please visit the Active Liquor Licenses Map. The property has been posted as required, and the Police and Community Development divisions have reviewed the application and provided their respective reports. |
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Financial Impact: | |||||
There is no budgetary impact to the City of Flagstaff as this is a recommendation to the State. | |||||
Policy Impact: | |||||
Not applicable. | |||||
Previous Council Decision or Community Discussion: | |||||
Not applicable.
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Options and Alternatives to Recommended Action: | |||||
Key Considerations: Because the application is for an owner transfer, consideration may be given to the personal qualifications of the applicant. The deadline for issuing a recommendation on this application is May 7, 2024. Community Involvement: This business will contribute to the tax base of the community. We are not aware of any other relevant considerations. Expanded Options and Alternatives: The application was properly posted on April 17, 2024. No written protests have been received to date. |
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Connection to PBB Priorities and Objectives: | |||||
Liquor licenses are a regulatory action and there are no Community Priorities that directly apply. | |||||
Connection to Regional Plan: | |||||
Not applicable. | |||||
Connection to Carbon Neutrality Plan: | |||||
Not applicable. | |||||
Connection to 10-Year Housing Plan: | |||||
Not applicable. | |||||
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Attachments: | Letter to Applicant | ||
Hearing Procedures | |||
Series 09 Description | |||
PD Memo | |||
Zoning Memo | |||
Map |
9.A.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||||||
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. |
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STAFF RECOMMENDED ACTION: | |||||||||
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Executive Summary: | |||||||||
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Financial Impact: | |||||||||
The Airport will continue to receive revenue from the existing leases of at least $452,610 per year. Failure to extend the leases will result in a loss of car rental operations at the airport and the resulting revenue to the City until a new solicitation for car rental concessions can be completed. |
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Policy Impact: | |||||||||
None.
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Previous Council Decision or Community Discussion: | |||||||||
The City Council has previously approved leases and amendments, as listed in the Executive Summary. | |||||||||
Options and Alternatives to Recommended Action: | |||||||||
1. Approve extension of leases on a month-to-month basis (Recommended); 2. Approve extension of leases for a longer term (e.g. 6 or 8 months); 3. Do not approve extension of leases, in which case there may be no car rental concessionaires operating at the Airport for a period of time (Not recommended). |
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Connection to PBB Priorities and Objectives: | |||||||||
Transportation and Other Public Infrastructure: provide Airport infrastructure to enhance tenant and patron experience and secure second airline. | |||||||||
Connection to Regional Plan: | |||||||||
Policy T.10.2. Improve multimodal access and service to and from the airport including transit, bicycle, and parking services. | |||||||||
Connection to Carbon Neutrality Plan: | |||||||||
EM-3: Support residents, businesses, and institutions in the transition to electric vehicles. WS-3: Continue to support water conservation efforts across the Flagstaff community. As part of the new solicitation, City will be requiring surveys as to anticipated needs for improvements to car rental concessionaire facilities to increase use of electric vehicle fleets. City will also be requiring concessionaires to start paying for its use of water for the wash bays, which the City anticipates will result in reduction of water use. |
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Connection to 10-Year Housing Plan: | |||||||||
None. | |||||||||
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Attachments: | Lease Extension Sample |
9.B.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
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. |
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STAFF RECOMMENDED ACTION: | |||||
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Executive Summary: | |||||
The Professional Services Contract will address the need to design approximately 5900 feet of new sewer main from the Wildcat Hill Wastewater Treatment Plant to the south side of Interstate 40 excluding the BNSF right of way crossing. | |||||
Financial Impact: | |||||
Project Name: Wildcat Interceptor Sewer Upgrade Design Cost: $492,235.00 Account Number Budgeted: 203-08-375-3441-0-4421 FY Budgeted Amount: $300,000.00 in FY2023-24 and $1,000,000 in FY2024-25 |
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Policy Impact: | |||||
No policy impact.
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Previous Council Decision or Community Discussion: | |||||
No previous decisions. | |||||
Options and Alternatives to Recommended Action: | |||||
a) Negotiate a professional services contract with the other RSOQ proposer; or
b) Suspend or cancel the Project.
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Background and History: | |||||
In 1971, the City of Flagstaff constructed the Wildcat Hill Wastewater Treatment Plant and a new large diameter sewer interceptor to transport wastewater from the then current treatment plant to the new treatment plant. In a recent Water and Sewer Impact Analysis, the City of Flagstaff's consultant identified a deficiency in the wastewater collection system in this sewer interceptor. This project was also identified in the City of Flagstaff's 2015 Sewer Master Plan as the second highest priority project. The pipeline is currently undersized to meet the additional developments that have been proposed. This project will replace a portion of the undersized pipeline identified in the water and sewer impact analysis with a new larger wastewater interceptor. The new pipeline will allow the City to properly serve the wastewater needs of the new proposed developments. The Purchasing section posted a Request for Statements of Qualifications (RSOQ) solicitation for design on October 19, 2023, on the PlanetBids website, and advertised it in the Arizona Daily Sun newspaper on October 28 and November 4, 2023. There were 2 Statements of Qualifications received by the due date of November 17, 2023. After reviewing of the Statements of Qualifications received and interviewing the interested firms, the RSOQ selection panel selected the highest scoring firm, Ardurra on January 5, 2024. This Professional Services Contract will allow the chosen firm, Ardurra Group, Inc., to design the new sewer interceptor from south side of Interstate 40 to the Wildcat Hill Wastewater Treatment Plant. |
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Connection to PBB Priorities and Objectives: | |||||
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: Priority Based Budget Key Community Priorities and Objectives Safe & Healthy Community: Foster a safe, secure, and healthy community. Sustainable, Innovative Infrastructure: Deliver outstanding services to residents through a healthy, well maintained infrastructure system. |
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Connection to Regional Plan: | |||||
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Connection to Carbon Neutrality Plan: | |||||
WS-1 Improve water infrastructure and expand water reuse. WS-2 Improve ecosystem management for protection of water resources. |
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Connection to 10-Year Housing Plan: | |||||
Create 5.8 Prioritize Capital Improvement Projects that facilitate affordable housing. | |||||
Connection to Division Specific Plan: | |||||
An award of this Construction Contract supports Water Services Strategic Plan Objective 5: Accelerate Infrastructure Maintenance and Replacement. |
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Attachments: | Professional Services Contract |
9.C.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Consideration and Approval of Grant Agreement Ratification: Water Conservation Grant Fund Agreement with Water Infrastructure Finance Authority |
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STAFF RECOMMENDED ACTION: | |||||
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Executive Summary: | |||||
This grant from the Water Infrastructure Finance Authority's (WIFA) Water Conservation Grant Fund will provide $750,000 in funding for Water Services to continue its Radio Read Meter Replacement Program. This program replaces older, less efficient meters with high-accuracy meters that have leak detection capability. This program is supported in the capital program through customer rates, with a target of replacing 10% of the system's equipment annually or approximately 2,300 meters and ERTs, in order to maintain a ten year life cycle. | |||||
Financial Impact: | |||||
This grant is a 75/25 match. The City of Flagstaff Water Services will contribute $250,000 over the grant period to match the $750,000 from WIFA. The grant must be fully expended by December of 2026, and the funds will be disbursed during FY24, FY25, and FY26. This grant is currently budgeted in the Drinking Water Fund (202-08-370-3170-0-4461) in FY2023-24 and FY2024-25. | |||||
Policy Impact: | |||||
Improving and executing a radio read meter replacement program is included in the 2020 Water Conservation Strategic Plan
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Previous Council Decision or Community Discussion: | |||||
No | |||||
Options and Alternatives to Recommended Action: | |||||
n/a | |||||
Connection to PBB Priorities and Objectives: | |||||
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Connection to Regional Plan: | |||||
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Connection to Carbon Neutrality Plan: | |||||
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Connection to 10-Year Housing Plan: | |||||
NA | |||||
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Attachments: | WCGF Grant Agreement - Flagstaff WC3-115-2024 |
9.D.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
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. |
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STAFF RECOMMENDED ACTION: | |||||
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Executive Summary: | |||||
Cell D is a thirty-acre area that has been designed and partially developed for future disposal needs at Cinder Lake Landfill (Landfill). When fully developed, Cell D will provide approximately 3.8 million cubic yards of landfill capacity with an estimated life of 25 years and $115 million in revenues. The eastern portion of Cell D (Phase 2, Cell D) has been designed to provide approximately 1.1 million cubic yards of airspace. In 2023, the City of Flagstaff contracted with Rummel Construction, Inc. to excavate soil from the eastern portion of the site (also known as GMP 1). The scope of work for the proposed Agreement (GMP 2) includes installation of environmental controls required to achieve the engineering design standards of the United States Environmental Protection Agency (EPA) and Arizona Department of Environmental Quality (ADEQ). Such environmental controls include the sub-base layer, liner, leachate collection system, and operations layer. This course of action is recommended as the best path forward for the Cinder Lake Landfill, as it demonstrates a fiduciary responsibility of the City, maintains compliance, and addresses future growth needs for the facility, which serves as a regional landfill. |
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Financial Impact: | |||||
The First Amendment to the Cinder Lake Landfill, CMAR Phase 2-Cell D, Construction Services Agreement - GMP 2 is funded by the total budget appropriations of $2.4 million from the Solid Waste Fund (211-06-167-0631-0-4433) in fiscal year 2024-2025. | |||||
Policy Impact: | |||||
Proper planning and program development results in good governance and efficient use of financial resources to improve community transportation infrastructure and promote the health, welfare, and safety of the residents of the City.
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Previous Council Decision or Community Discussion: | |||||
On June 15, 2021, City Council approved Item 7.C.-Construction Manager at Risk Construction Services Contract to Rummel Construction Inc. for Construction of the Phase 1-Cell D for the Guaranteed Maximum Price of $1,298.649.80. On June 6, 2023 City Council approved Item 7.D.-Construction Manger at Risk Construction Service Contract of Phase 2-Cell D to Rummel Construction for a Guaranteed Maximum Price (GMP 1) of $4,300,000.00. |
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Options and Alternatives to Recommended Action: | |||||
a. If rejection occurs, possible direction may include:
i. Requesting staff to re-evaluate the recommendation; or
ii. Re-prioritize this project and provide a preferred direction; or
iii. Advertise for new proposals and review at a later date.
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Background and History: | |||||
When fully developed, the total size of Cell D is approximately thirty (30) acres and has an overall airspace capacity of 3.8 million cubic yards (25 years of airspace based on current disposal trends). The estimated total cost of the full development of the 30-acre cell is $15 million, far exceeding the current budget capacity of the Solid Waste Fund. Therefore, Cell D was split into two distinct portions: the eastern portion and the western portion. Through the GMP 1 CMAR process, staff was able to collaborate with the design engineer and Contractor to develop the eastern portion of the cell in a more-tailored approach. The work in GMP 2 will allow the eastern portion of Cell D to be permitted and ready for acceptance of municipal solid waste by fall 2024. The western portion of Cell D is budgeted for development in 2027 and 2028. This is an amendment to further the project that was solicited by staff through a Request for Statement of Qualifications. On February 24, 2021 Procurement and Solid Waste staff requested statements of qualification to excavate Sequence D at Cinder Lake Landfill. Rummel Construction, Inc. was awarded and has worked with the landfill staff to manage this project. |
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Connection to PBB Priorities and Objectives: | |||||
Priority Based Budget Key Community Priorities and Objectives High Performance Governance
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Connection to Regional Plan: | |||||
Regional Plan
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Connection to Carbon Neutrality Plan: | |||||
No direct connection to the Carbon Neutrality Plan. | |||||
Connection to 10-Year Housing Plan: | |||||
No connection to the 10-Year Housing Plan. | |||||
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Attachments: | 2021-74 Rummel Amendment | ||
Exhibit A - Rummel GMP | |||
CLL Site Plan Overview |
9.E.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
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. |
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STAFF RECOMMENDED ACTION: | |||||
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Executive Summary: | |||||
Cell D is a thirty-acre area that has been designed and partially developed for future disposal needs at Cinder Lake Landfill (Landfill). When fully developed, Cell D will provide approximately 3.8 million cubic yards of landfill capacity with an estimated life of 25 years and $115 million in solid waste revenues in the form of tipping fees. In 2022, the City of Flagstaff contracted with Tetra Tech BAS, Inc. (Tetra Tech) to provide design services for Phase 2, Cell D. The Contract for Professional Services also included contingencies for Construction Administration and Construction Management (CA/CM) services at a later date. The proposed Second Amendment provides the means for staff to initiate Tetra Tech to proceed with the necessary work. CA/CM services will ensure Quality Assurance and Quality Control testing and that Sequence D Phase II has been developed in accordance with the engineering design, in compliance with standards of the United States Environmental Protection Agency (EPA), and to obtain the necessary approvals from the Arizona Department of Environmental Quality (ADEQ) to commence landfilling in this new fill sequence. |
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Financial Impact: | |||||
The Second Amendment to the Cinder Lake Landfill, Sequence D-Phase II, Landfill Excavation and Design contract is funded by the total budget appropriations of $125,000 from the Public Works-Solid Waste Capital Improvements line item (211-06-167-0631-0-4433) in fiscal year 2024-2025. This First Amendment is based on a Time and Materials Basis with a not to exceed value. | |||||
Policy Impact: | |||||
Good governance and efficient use of financial resources to improve community infrastructure and promote the health, welfare, and safety of the residents of the City.
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Previous Council Decision or Community Discussion: | |||||
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Options and Alternatives to Recommended Action: | |||||
a. If rejection occurs, possible direction may include:
i. Requesting staff to re-evaluate the recommendation; or
ii Re-prioritize this project and provide preferred direction; or iii Advertise for new proposals and review at a later date |
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Background and History: | |||||
When fully developed, the total size of Cell D is approximately thirty acres and has an overall airspace capacity of 3.8 million cubic yards (25 years of airspace based on current disposal trends). The estimated total cost of the full development of the 30-acre cell is $15 million, which exceeds the current budget capacity of the Solid Waste Fund. Therefore, Cell D was split into two distinct portions for development: the eastern portion and the western portion. The work completed through the existing contract Addendum will allow the eastern portion of Cell D to be fully permitted and approved for landfilling within fiscal year 2024-2025. The western portion of Cell D is budgeted for development in 2027 and 2028. The COF Procurement Team and Landfill Team submitted a formal Request for Statements of Qualifications September 2, 2021, closing on September 24, 2021. Four vendors submitted proposals, after evaluation and interviews, a Contract for Professional Services with Tetra Tech BAS, Inc. was taken to Council to request award of the project. On October 24, 2023, a First Amendment was entered into for increased services in the amount of $45,619.00. This Second Amendment is to increase funds for the project as the design phase continues. |
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Connection to PBB Priorities and Objectives: | |||||
High Performance Governance
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Connection to Regional Plan: | |||||
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Connection to Carbon Neutrality Plan: | |||||
No direct connection to the Carbon Neutrality Plan. | |||||
Connection to 10-Year Housing Plan: | |||||
No connection to the 10-Year Housing Plan. | |||||
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Attachments: | 2022-22 Second Amendment | ||
Exhibit A - Scope and Fees |
9.F.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Approval of Contract: Approval of Contract with Flagstaff Shelter Services for emergency shelter and services, in an annual amount of $100,000. |
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STAFF RECOMMENDED ACTION: | |||||
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Executive Summary: | |||||
The City Council has directed staff to allocate $100,000, annually, for emergency shelter and services to Flagstaff Sheltering Services, Inc. ("FSS"). FSS intends to use the City's annual financial support of $100,000, to continue to provide safe shelter, housing services, budgeting support, and access to nutritious meals and coordinated medical and behavioral health care for individuals and families experiencing homelessness in Flagstaff. | |||||
Financial Impact: | |||||
Project Name: Emergency Shelter and Services Cost: $100,000.00 Account Number Budgeted: 001-09-402-1311-1-4273 FY 2023-24 Budgeted Amount: $100,000.00 Funding Source: General Fund |
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Policy Impact: | |||||
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Previous Council Decision or Community Discussion: | |||||
The City Council had discussions regarding allocation of funds last summer and directed staff to work to provide financial assistance to Flagstaff Shelter Services, Inc. to shelter the vulnerable population. | |||||
Options and Alternatives to Recommended Action: | |||||
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Connection to PBB Priorities and Objectives: | |||||
Sustainable and Innovative Infrastructure: Support the community's social infrastructure needs; assist those partner organizations that provide services the City does not. Safe & Healthy Community: Support social services, community partners, and housing opportunities. Livable Community: Actively support attainable and affordable housing through the City's 10-Year Housing plan as well as other projects and opportunities. |
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Connection to Regional Plan: | |||||
None. | |||||
Connection to Carbon Neutrality Plan: | |||||
Housing for All / HA-1: Create housing options for households at all income levels and family sizes occupied by local residents. | |||||
Connection to 10-Year Housing Plan: | |||||
None. | |||||
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Attachments: | Contract | ||
Exhibit B - Terms and Conditions | |||
Exhibit C - Insurance Requirements |
10.A.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
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. |
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STAFF RECOMMENDED ACTION: | |||||
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Executive Summary: | |||||
The proposed ordinance authorizes property acquisitions as contemplated by the Flagstaff City Charter, Article VII, section 5, which provides that acquisition of all public real property and property exchanges are to be authorized by ordinance. The ordinance serves to approve acquisitions or dispositions of real property that already have occurred. The City regularly receives real property interests from private property owners during the development review process and per City Code. Typically these real property interests are acquired by dedication or donation. These acquisitions may be for drainage, utilities, the urban trails system, slopes, rights-of-way or other public purposes. Additionally, the City has also granted utility easements across City-owned property necessary for City projects. The proposed ordinance does not include a list of the real property interests dedicated to the City upon recordation of a final plat. The City Council approves all final plats. |
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Financial Impact: | |||||
Real property is considered a fixed asset in the City. Until City Council approves an ordinance accepting the acquisitions, the real property value is not recognized in an audit so while there is not an actual financial expenditure associated with these acquisitions, there is a fixed asset value the City receives through this action. | |||||
Policy Impact: | |||||
None | |||||
Previous Council Decision or Community Discussion: | |||||
Council has ratified other real property transactions and easements approved through the development review process. This ratification usually occurs on an annual basis. The Council adopted a similar Ordinance 2023-25 on the 21st day of November, 2023. | |||||
Options and Alternatives to Recommended Action: | |||||
1. Adopt the Ordinance Pros: Formally approving the real property interest transactions conforms with City practices. Cons: None. 2. Do not adopt the Ordinance. In this case, transactions may be voided or there would be a further discussion as to appropriate action. Pros: None identified. Cons: This may result in loss of legal rights to use properties for utilities, trails, drainage, and other public purposes. |
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Background and History: | |||||
The City Charter requires the acquisition and disposition of real property by ordinance. The City generally applies this principle to lesser interests as well. | |||||
Connection to PBB Priorities and Objectives: | |||||
TRANSPORTATION AND OTHER PUBLIC INFRASTRUCTURE Deliver quality community assets and continue to advocate and implement a highly performing multi-modal transportation system. |
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Connection to Regional Plan: | |||||
None | |||||
Connection to Carbon Neutrality Plan: | |||||
None | |||||
Connection to 10-Year Housing Plan: | |||||
None | |||||
Connection to Division Specific Plan: | |||||
None | |||||
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Attachments: | Ord. 2024-14 | ||
Exhibit A: Chart |
11.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
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. |
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STAFF RECOMMENDED ACTION: | |||||
At the May 7, 2024 Council Meeting: 1) Read Ordinance No. 2024-15 by title only for the first time 2) City Clerk reads Ordinance No. 2024-15 by title only (if approved above) At the May 21, 2024 Council Meeting: 3) Read Ordinance No. 2024-15 by title only for the final time 4) City Clerk reads Ordinance No. 2024-15 by title only (if approved above) 5) Adopt Ordinance No. 2024-15 |
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Executive Summary: | |||||
Flagstaff City Council discussed and provided direction to add two new City holidays at their retreat of December 14, 2023. These holidays include Juneteenth, which will be recognized each year on June 19th and Indigenous Peoples' Day, which will be recognized each year on the second Monday in October. | |||||
Financial Impact: | |||||
The financial impact of adding two new City holidays is $214,000. | |||||
Policy Impact: | |||||
The Employee Handbook amendment being considered modifies the language to include the two new City holidays which will be recognized each year on June 19th for Juneteenth and on the second Monday in October for Indigenous Peoples' Day. | |||||
Previous Council Decision or Community Discussion: | |||||
The Council discussed and gave direction to advance the two new holidays at their retreat on December 14, 2023. | |||||
Options and Alternatives to Recommended Action: | |||||
Not approve the additional two holidays. | |||||
Background and History: | |||||
1. Adopt the ordinance. 2. Update the ordinance. 3. Suggest an alternative to the ordinance. |
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Connection to PBB Priorities and Objectives: | |||||
High Performing Governance Be an inclusive employer of choice Inclusive and Engaged Community Facilitate and foster equity, diversity, and inclusivity |
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Connection to Regional Plan: | |||||
None | |||||
Connection to Carbon Neutrality Plan: | |||||
None | |||||
Connection to 10-Year Housing Plan: | |||||
None | |||||
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Attachments: | Ord. 2024-15 | ||
Addendum 36 |
11.B.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
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. |
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STAFF RECOMMENDED ACTION: | |||||
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Executive Summary: | |||||
City staff recommends that the City Council authorize and approve settlement of City's attorney fees in City of Flagstaff v. State of Arizona, et. al., Case No.: CV2021-011210 in the Maricopa County Superior Court. The lawsuit was a declaratory action brought by the City of Flagstaff against State of Arizona (State). The lawsuit sought to enjoin the State from enforcing A.R.S. § 35-121.01 which sought reimbursement to the State for alleged impacts of Flagstaff's minimum wage. After the City of Flagstaff prevailed, this resolution is a settlement of the City's attorney fees in the case. | |||||
Financial Impact: | |||||
The City of Flagstaff is no longer required under A.R.S § 35-121.01 to pay any amounts to the State of Arizona for alleged impacts of Flagstaff's local minimum wage. | |||||
Policy Impact: | |||||
N/A. | |||||
Previous Council Decision or Community Discussion: | |||||
City Council authorized the City Attorney's Office to file a declaratory action through outside legal counsel against the State of Arizona. | |||||
Options and Alternatives to Recommended Action: | |||||
1. Approve the resolution. (Recommended.) 2. Not approve the resolution. |
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Connection to PBB Priorities and Objectives: | |||||
High Performing Governance | |||||
Connection to Regional Plan: | |||||
None | |||||
Connection to Carbon Neutrality Plan: | |||||
None | |||||
Connection to 10-Year Housing Plan: | |||||
None | |||||
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Attachments: | Res. 2024-21 |
12.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE | |||||
Post-wildfire Flooding Update |
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STAFF RECOMMENDED ACTION: | |||||
For information only. |
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Executive Summary: | |||||
City staff will present the latest information about post-wildfire flooding and short-term and long-term mitigations in the Schultz Creek/ Pipeline West area and the Spruce Wash/ Museum Flood area. | |||||
Information: | |||||
City staff will present an overview of flood mitigation efforts. | |||||
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Attachments: | Presentation |
12.B.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Discussion and Possible Direction on the Flagstaff Pulliam Airport Air Carrier Incentive Policy |
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STAFF RECOMMENDED ACTION: | |||||
Discussion and possible direction |
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Executive Summary: | |||||
The Flagstaff Pulliam Airport has developed an Air Carrier Incentive Policy to encourage airlines to start and expand air services, thereby enhancing travel connectivity in northern Arizona. This policy, revised in accordance with the Federal Aviation Administration's Final Policy on Air Carrier Incentive Programs, offers tiered incentives to both new entrant and incumbent carriers based on service frequency. | |||||
Financial Impact: | |||||
The incentive policy includes the waiver of landing fees, as well as office, ticket counter, and gate rent. Incentives for air service operating less than daily are tiered according to weekly service frequency. Landing fees are currently established at $1.09 per thousand pounds of the declared maximum certified gross landing weight of the aircraft. Currently, there is one vacant office, ticket counter, and gate space at the airport. Marketing assistance will be handled internally with support from Discover Flagstaff Creative Services. Adding additional air service is projected to increase revenues from airport parking, car rental fees, and grant opportunities related to enplaned passengers. | |||||
Policy Impact: | |||||
Additional air service will significantly contribute to a Robust and Resilient Economy by increasing tourism and visitation, creating job opportunities, and enhancing the appeal of northern Arizona to the business community. Air service is also crucial to creating a Livable Community by creating a welcoming and well-maintained community. The airport has the opportunity to add Passenger Facility Charges (PFCs) to airline ticket fares for departing passengers. These PFCs are used to help fund capital projects and development at the airport and support Sustainable and Innovative Infrastructure. |
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Previous Council Decision or Community Discussion: | |||||
The previous policy was presented to Council on February 26, 2019, as an informational item with no action taken. | |||||
Options and Alternatives to Recommended Action: | |||||
Staff is seeking feedback and direction from Council. | |||||
Background and History: | |||||
Air carrier incentive policies are widespread in the airport industry and are designed to attract and expand air service. Providing incentives to air carriers makes launching or initiating new services more appealing and reduces the financial challenges prospective air carriers face when starting new service. Adding an additional air carrier and/or routes is crucial to boosting airport revenue and improving connectivity in northern Arizona. | |||||
Connection to PBB Priorities and Objectives: | |||||
Additional air service will significantly contribute to a Robust and Resilient Economy by increasing tourism and visitation, creating job opportunities, and enhancing the appeal of northern Arizona to the business community. Air service is also crucial to creating a Livable Community by creating a welcoming and well-maintained community. The airport has the opportunity to add Passenger Facility Charges (PFCs) to airline ticket fares for departing passengers. These PFCs are used to help fund capital projects and development at the airport and support Sustainable and Innovative Infrastructure. |
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Connection to Regional Plan: | |||||
The Regional Plan includes: Goal T.10. Strengthen and expand the role of Flagstaff Pulliam Airport as the dominant hub for passenger, air freight, public safety flights, and other services in northern Arizona. The proposed Air Carrier Incentive Policy directly addresses the policies below by encouraging and incentivizing additional air service routes. Policy T.10.1. Maintain and expand Flagstaff Pulliam Airport as an important link to the national air transportation system. Policy T.10.3. Seek opportunities to expand destinations and frequency of regional air service throughout the southwest and west. |
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Connection to Carbon Neutrality Plan: | |||||
No | |||||
Connection to 10-Year Housing Plan: | |||||
No | |||||
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Attachments: | Presentation |
13.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE | |||||
Consideration and Possible Action on Permanent Cease-Fire Resolution: Citizens' Petition titled "A permanent cease-fire resolution" |
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STAFF RECOMMENDED ACTION: | |||||
Staff has no recommendation. The Council may choose to take action on either of the attached resolutions by reading by title only and then adopting. The Council may choose to take no action. |
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Executive Summary: | |||||
In accordance with Art. II, Sect. 17 of the Flagstaff City Charter, any citizen may present a written petition to the City Manager, signed by a minimum of 25 citizens from the City...who shall present it to the Council at its next regular meeting. The attached petition was filed with the City Clerk's Office on March 1, 2024, requesting that the City Council pass a resolution calling for an immediate de-escalation and permanent cease-fire in Israel and the occupied Palestinian territories and a just resolution of the Palestinian-Israeli conflict. | |||||
Information: | |||||
Two resolutions are attached for Council consideration. The first resolution was submitted with the Citizen Petition, and the second was submitted by Councilmember McCarthy. | |||||
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Attachments: | Petition #2024-01 | ||
Resolution Submitted By Petition | |||
Resolution Submitted by Councilmember McCarthy |
13.B.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE | |||||
Future Agenda Item Request (F.A.I.R.): A Citizens' Petition titled "Support for Israel's Right to Defend Itself" |
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STAFF RECOMMENDED ACTION: | |||||
Council Direction |
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Executive Summary: | |||||
In accordance with Art. II, Sect. 17 of the Flagstaff City Charter, any citizen may present a written petition to the City Manager, signed by a minimum of 25 citizens from the City...who shall present it to the Council at its next regular meeting. The attached petition was filed with the City Clerk's Office on April 19, 2024, requesting that the City Council "pass the attached resolution in support of Israel's right to defend itself, support for the immediate release of all hostages held by terrorist group Hamas and any Palestinians, and the immediate surrender of terrorist group Hamas." | |||||
Information: | |||||
Chapter 1-12 of the Flagstaff City Code formalizes the information to be required, and the attached petition conforms to those requirements. As outlined in this chapter, the petition is to be submitted to the Council under Future Agenda Item Request (F.A.I.R.) to determine if there is Council interest in placing the item on a future agenda for consideration. | |||||
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Attachments: | Petition #2024-03 |