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| Information |
| TITLE: |
| Consideration and Adoption of Resolution No. 2023-29: A resolution of the City Council of the City of Flagstaff, approving the First Amendment to an Intergovernmental Agreement with the Arizona Board of Regents related to Consolidation of University Campus and Road Projects. |
| STAFF RECOMMENDED ACTION: |
1) Read Resolution No. 2023-29 by title only
2) City Clerk reads Resolution No. 2023-29 by title only (if approved above)
3) Adopt Resolution No.2023-29.
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| Executive Summary: |
The proposed Resolution No. 2023-29 will readopt the First Amendment to an Intergovernmental Agreement with the Arizona Board of Regents related to Consolidation of University Campus and Road Projects.
The First Amendment is identical to what City Council adopted on March 7, 2023, except that it now:
1. Includes new forms of drainage easements (adds insurance and indemnification requirements among other things requested by NAU); and
2. Delegates authority to the City Attorney and the NAU legal counsel to approve final real estate document forms and to approve minor modifications.
On March 7, 2023 the City Council approved Resolution No. 2023-05 approving the First Amendment to an Intergovernmental Agreement with the Arizona Board of Regents related to Consolidation of University Campus and Road Projects. Then NAU requested additional conditions be included in the forms of drainage easements that the City will be acquiring from NAU as part of a property exchange. The forms are materially different than what had been already approved. The First Amendment has never been fully executed.
A recap of the First Amendment follows:
If approved, City will receive the following property interests from NAU:
1. Fee simple title to University Drive east of Milton Road (86,068 square feet); and
2. Drainage easement (1,173 square feet); and
3. Drainage easement (882 square feet).
If approved, NAU will receive the following property interests from City:
1. Fee simple title to land adjacent to NAU Campus (abandoned public right-of-way along Hoskins Avenue)(5,237 square feet).
As part of the overall agreement with NAU, the following are additional key terms found in the First Amendment:
- City will complete University Drive improvements and assume road maintenance;
- NAU will continue snowplowing University Drive;
- The City and NAU will terminate a separate 2017 Development Agreement, which releases both parties from obligations that were related to a development that did not materialize (NAU bought property from developer);
- City and NAU will work together related to planning for an expansion of Lone Tree Road;
- The term of the IGA is extended to 20 years;
- The IGA is updated to memorialize completed transactions.
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| Financial Impact: |
If approved, City and NAU will exchange properties of substantially equal value. On March 7, 2023 the City Council adopted Ordinance No. 2023-04 authorizing the exchange of properties of substantially equal value, as required by A.R.S. Section 9-407 (this ordinance does not need to be modified).
City Public Works Department will be assuming additional costs related to ongoing maintenance of University Drive east of Milton Road, except for snowplowing. University Drive is owned by NAU, but is used as public right-of-way. |
| Policy Impact: |
| None. |
| Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: |
Priority Based Budget Key Community Priorities and Objectives
Sustainable, Innovative Infrastructure
- Deliver outstanding services to residents through a healthy, well maintained infrastructure system
- Utilize existing long-range plan(s) that identify the community's infrastructure needs and all associated costs
- Identify smart traffic management, multi-modal transportation, and alternative energy opportunities
Liveable Community
- Provide amenities and activities that support a healthy lifestyle
Carbon Neutrality Plan
DD-2: Create inclusive networks for walking and biking that are continuous, attractive, safet, comprehensive, and convenient for people of all ages
DD-5: Invest in comprehensive and equitable transit
Regional Plan
Policy CC.5.4. Complete sidewalks and Flagstaff Urban Trail System connections for all schools, community colleges, and university campuses. |
| Has There Been Previous Council Decision on This: |
Yes.
- March 7, 2023 City Council approved Ordinance No. 2023-04 authorizing property exchange, and Resolution No. 2023-05 approving a nearly identical First Amendment on March 7, 2023.
- On July 5, 2017 City Council approved the original IGA .
- On December 6, 2022 City Council approved Ordinance No. 2022-31 (abandoning public right-of-way in Hoskins Avenue adjacent to NAU campus)
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| Options and Alternatives: |
1. Approve Resolution No. 2023-29 approving First Amendment to IGA with NAU.
2. Do not approve.
3. Suggest modifications to documents. |
| Key Considerations: |
| The property exchange will enable the City to obtain property rights so that it can proceed with improvements to University Drive east of Milton Road as part of the Beulah/University Realignment Project. Construction on this project started in May 2023. University Drive is used as public right-of-way for access not only to the NAU Campus, but also to a cemetery, the Greentree shopping center, and the Target shopping center. |
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