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CITY COUNCIL REGULAR MEETING
TUESDAY, SEPTEMBER 1, 2020
CITY HALL STAFF CONFERENCE ROOM
211 WEST ASPEN
3:00 P.M.

 
MINUTES
             
1.
CALL TO ORDER

Vice Mayor Shimoni called the meeting of the Flagstaff City Council held September 1, 2020, to order at 3:00 p.m.
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the 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 legal advice and discussion 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 telephonically or by other technological means.
PRESENT:

MAYOR EVANS (virtually) (arrived at 4:22 p.m.)
VICE MAYOR SHIMONI (virtually)
COUNCILMEMBER ASLAN (virtually)
COUNCILMEMBER MCCARTHY (virtually)
COUNCILMEMBER ODEGAARD (virtually)
COUNCILMEMBER SALAS (virtually)
COUNCILMEMBER WHELAN (virtually)
ABSENT:









  Others present:  City Manager Greg Clifton; City Attorney Sterling Solomon.
             
3.
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT

The Council and audience recited the pledge of allegiance and Councilmember Salas read the Mission Statement of the City of Flagstaff.

MISSION STATEMENT

The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
             
4. PUBLIC PARTICIPATION

Public Participation enables the public to address the Council about an item that is not on the agenda. Comments relating to items that are on the agenda will be taken at the time that the item is discussed. If you wish to address the Council at tonight'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 Public Participation. 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.
CONSENT ITEMS

All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items.
  Councilmember Whelan asked to pull items 5B and 5C for discussion.
  Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to approve Consent Items 5A and 5D.
  Vote: 6 - 0
             
A. Consideration of Appointment:  Magistrate for the Flagstaff Municipal Court.
Approve the appointment of Honorable James Speed as Magistrate.
             
B. Consideration and Approval of Contract:  Purchase of one (1) 2020 Caterpillar 730 EJ Articulated Haul Truck (Haul Truck).
  Moved by Councilmember Jamie Whelan, seconded by Councilmember Jim McCarthy to approve the purchase of one (1) Caterpillar 730 EJ Articulated Haul Truck (Haul Truck) in the amount of $573,585.00 (Page 2 of CAT 730 Quote) from Empire Machinery/Caterpillar Inc.; and authorize the City Manager to execute the necessary documents.
  Vote: 7 - 0 - Unanimously
             
C. Consideration and Approval of Contract:  Independent Contract Agreement (ICA) with Salt River Project (SRP) to continue the Upper Lake Mary Watershed (ULM) Monitoring Project.
  Moved by Councilmember Jamie Whelan, seconded by Councilmember Jim McCarthy to approve the ICA with SRP for scope-of-work (schedule A) proposals for FY21-FY23, not-to-exceed $105,000 annually as has been approved by City Council in prior budget year and authorize the City Manager to execute the necessary documents.
  Vote: 7 - 0 - Unanimously
             
D. Ratification: Staff's action to send a letter in response to a request from ADEQ for public comment on a permit for helium drilling within the Holbrook Basin, Aquifer Protection Permit No. P-513196.
 
STAFF RECOMMENDED ACTION:
Ratify staff's action in sending a letter in response to a request from ADEQ for public comment on a permit for helium drilling within the Holbrook Basin, Aquifer Protection Permit No. P-513196.
             
6. ROUTINE ITEMS
             
A. Consideration and Adoption of Ordinance No. 2020-22: An ordinance granting to UNS Gas, Inc. an Arizona Public Service Corporation, its legal representatives, successors, lessees and assigns, certain powers, licenses, rights-of-way, privileges and franchise to construct, operate and maintain in the City of Flagstaff, State of Arizona, as now or hereafter constituted, works, systems and plans for the handling, production, manufacturing, transporting, storing, sale and distribution of gas into, out of, and through said municipality, and for the distribution and sale of such gas to said municipality, its inhabitants and others, including customers inside, beyond, and outside of the limits of said municipality; and to use the streets, avenues, easements, rights-of-way, alleys, highways, sidewalks, bridges and other structures and places and public grounds in said municipality for a period of twenty-five (25) years; and prescribing in connection therewith certain rights, duties, terms and conditions herein mentioned; and providing for the payment to said municipality of a percentage of certain revenues of grantee from its operations therein; and declaring an emergency
  Moved by Councilmember Charlie Odegaard, seconded by Councilmember Regina Salas to read Ordinance No. 2020-22 by title only for the final time.
  Vote: 6 - 0
  AN ORDINANCE GRANTING TO UNS GAS, INC. AN ARIZONA PUBLIC SERVICE CORPORATION, ITS LEGAL REPRESENTATIVES, SUCCESSORS, LESSEES AND ASSIGNS, CERTAIN POWERS, LICENSES, RIGHTS-OF-WAY, PRIVILEGES AND FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN IN THE CITY OF FLAGSTAFF, STATE OF ARIZONA, AS NOW OR HEREAFTER CONSTITUTED, WORKS, SYSTEMS AND PLANTS FOR THE HANDLING, PRODUCTION, MANUFACTURING, TRANSPORTING, STORING, SALE AND DISTRIBUTION OF GAS INTO, OUT OF, AND THROUGH SAID MUNICIPALITY, AND FOR THE DISTRIBUTION AND SALE OF SUCH GAS TO SAID MUNICIPALITY, ITS INHABITANTS AND OTHERS, INCLUDING CUSTOMERS INSIDE, BEYOND, AND OUTSIDE OF THE LIMITS OF SAID MUNICIPALITY; AND TO USE THE STREETS, AVENUES, EASEMENTS, RIGHTS-OF-WAY, ALLEYS, HIGHWAYS, SIDEWALKS, BRIDGES AND OTHER STRUCTURES AND PLACES AND PUBLIC GROUNDS IN SAID MUNICIPALITY FOR A PERIOD OF TWENTY-FIVE (25) YEARS; AND PRESCRIBING IN CONNECTION THEREWITH CERTAIN RIGHTS, DUTIES, TERMS AND CONDITIONS HEREIN MENTIONED; AND PROVIDING FOR THE PAYMENT TO SAID MUNICIPALITY OF A PERCENTAGE OF CERTAIN REVENUES OF GRANTEE FROM ITS OPERATIONS THEREIN; AND DECLARING AN EMERGENCY
  Moved by Councilmember Jim McCarthy, seconded by Councilmember Regina Salas to adopt Ordinance No. 2020-22.
  Vote: 6 - 0
             
7. PUBLIC HEARING ITEMS
             
A. Consideration and Adoption of Resolution No. 2020-51:  A resolution of the Flagstaff City Council, adopting a Minor Plan Amendment to Chapter IX: Growth and Land Use of the Flagstaff Regional Plan 2030, in association with the Southside Community Specific Plan, and establishing an effective date

and 

Consideration and Adoption of Resolution No. 2020-52:  A resolution of the Flagstaff City Council, adopting a Minor Plan Amendment to adopt the Southside Community Specific Plan, and establishing an effective date
  Moved by Councilmember Austin Aslan, seconded by Councilmember Jamie Whelan to read Resolution No. 2020-51 by title only.
  Vote: 7 - 0 - Unanimously
  A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL, ADOPTING A MINOR PLAN AMENDMENT TO CHAPTER IX: GROWTH AND LAND USE OF THE FLAGSTAFF REGIONAL PLAN 2030, IN ASSOCIATION WITH THE SOUTHSIDE COMMUNITY SPECIFIC PLAN, AND ESTABLISHING AN EFFECTIVE DATE
  Moved by Councilmember Jim McCarthy, seconded by Councilmember Jamie Whelan to adopt Resolution No. 2020-51.
  Vote: 7 - 0 - Unanimously
  Moved by Councilmember Jamie Whelan, seconded by Councilmember Austin Aslan to read Resolution No. 2020-52 by title only.
  Vote: 7 - 0 - Unanimously
  A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL, ADOPTING A MINOR PLAN AMENDMENT TO ADOPT THE SOUTHSIDE COMMUNITY SPECIFIC PLAN, AND ESTABLISHING AN EFFECTIVE DATE
  Moved by Councilmember Jim McCarthy, seconded by Councilmember Regina Salas to adopt Resolution No. 2020-52.
  Vote: 7 - 0 - Unanimously
             
8. REGULAR AGENDA
             
A. Consideration and Adoption of Ordinance No. 2020-21: Direct to Ordinance Zoning Map Amendment, by applicant Flagstaff at 4th, LLC, of approximately 13.65 acres of real property located at 1002 N Fourth Street (APN 106-08-005J) from Medium Density Residential (MR) to Highway Commercial (HC), for purposes of a horizontal mixed-use development containing commercial retail and multi-family residential uses. The development site is located in the Resource Protection Overlay (RPO).
  Moved by Councilmember Jamie Whelan, seconded by Vice Mayor Adam Shimoni to read Ordinance No. 2020-21 by title only for the final time.
  Vote: 6 - 1
 
NAY: Councilmember Austin Aslan
  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING THE FLAGSTAFF ZONING MAP TO REZONE APPROXIMATELY 13.65 ACRES OF REAL PROPERTY LOCATED AT 1002 NORTH FOURTH STREET ON PARCEL NUMBER 106-08-005J FROM MEDIUM DENSITY RESIDENTIAL ("MR") TO HIGHWAY COMMERCIAL (HC"), WITH CONDITIONS, AND ESTABLISHING AN EFFECTIVE DATE
  Moved by Councilmember Jamie Whelan, seconded by Councilmember Regina Salas to adopt Ordinance No. 2020-21.
  Vote: 6 - 1
 
NAY: Councilmember Austin Aslan
             
B. Consideration and Adoption of Resolution No. 2020-50:  A resolution authorizing the execution of a Development Agreement between Flagstaff at Fourth, LLC and the City of Flagstaff related to the development of approximately 13.65 acres of real property (APN 106-08-005J) located at 1002 N Fourth Street. (Flagstaff at Fourth Development Agreement)
  Moved by Councilmember Jamie Whelan, seconded by Councilmember Regina Salas to read Resolution No. 2020-50 by title only with the amendment of 70% AMI.
  Vote: 6 - 1
 
NAY: Councilmember Austin Aslan
  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN FLAGSTAFF AT 4TH, LLC AND THE CITY OF FLAGSTAFF RELATED TO THE DEVELOPMENT OF APPROXIMATELY 13.65 ACRES OF REAL PROPERTY GENERALLY LOCATED AT 1002 NORTH FOURTH STREET AND ESTABLISHING AN EFFECTIVE DATE
  Moved by Councilmember Regina Salas, seconded by Councilmember Jamie Whelan to adopt Resolution No. 2020-50.
  Vote: 6 - 1
 
NAY: Councilmember Austin Aslan
  A break was held from 4:45 p.m. through 4:55 p.m.
             
C. Consideration and Adoption of Ordinance No. 2020-23:  An ordinance amending the Flagstaff City Code, Chapter 1-14, Personnel System, and the Flagstaff Employee Handbook of Regulations, Chapter 1-10-070, Employee Advisory Committee.
  Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2020-23 by title only for the first time.
  Vote: 7 - 0 - Unanimously
  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AMENDING THE FLAGSTAFF CITY CODE, CHAPTER 1-14, PERSONNEL SYSTEM, AND THE FLAGSTAFF EMPLOYEE HANDBOOK OF REGULATIONS, SECTION 1-10-070, EMPLOYEE ADVISORY COMMITTEE; PROVIDING FOR PENALTIES; REPEAL OF CONFLICTING ORDINANCES; SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
             
D. Consideration and Adoption of Resolution No. 2020-13 and Ordinance No. 2020-10: A resolution of the Flagstaff City Council declaring as a public record that certain document filed with the City Clerk and entitled "Street Lighting and Traffic Signals, Signing, and Pavement Markings Code Amendments"; and an ordinance of the City Council of the City of Flagstaff amending the Flagstaff City Code, Title 13, Engineering Design Standards and Specifications for new infrastructure, by adopting by reference that certain document entitled "Street Lighting and Traffic Signals, Signing, and Pavement Markings Code Amendments"; providing for penalties, repeal of conflicting ordinances, severability, and establishing an effective date
  Moved by Councilmember Jamie Whelan, seconded by Councilmember Austin Aslan to read Resolution No. 2020-13 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 “STREET LIGHTING AND TRAFFIC SIGNALS, SIGNING, AND PAVEMENT MARKINGS CODE AMENDMENTS”
  Moved by Councilmember Jim McCarthy, seconded by Councilmember Jamie Whelan to read Ordinance No. 2020-10 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 CITY CODE, TITLE 13, ENGINEERING DESIGN STANDARDS AND SPECIFICATIONS FOR NEW INFRASTRUCTURE, BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED “STREET LIGHTING AND TRAFFIC SIGNALS, SIGNING, AND PAVEMENT MARKINGS CODE AMENDMENTS”; PROVIDING FOR PENALTIES, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
  A break was held from 5:04 p.m. through 5:10 p.m.
             
E. Consideration and Approval of Preliminary Plat:     Request from JP325, LLC. for Juniper Point, Phase 1, a 38-unit single-family residential subdivision. The site is 105.8 acres in size, of which 17.23 acres are being developed for this subdivision.  The subdivision is located at 2000 John Wesley Powell Boulevard in the RR, Rural Residential zoning district.
  Moved by Vice Mayor Adam Shimoni, seconded by Councilmember Charlie Odegaard to approve the preliminary plat for Juniper Point, Phase 1, a 38-unit single-family residential subdivision.
  Vote: 7 - 0 - Unanimously
             
9. DISCUSSION ITEMS
             
A. Citizen Petition - Placement of three “15 MPH 7am – 5pm School Days” signs with corresponding “End School Zone” signs on Pine Cliff Drive and Gemini Road
             
10. COUNCIL LIAISON REPORTS
             
11. 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.
             
A. Future Agenda Item Request (F.A.I.R.) A Citizens' Petition requesting that the Council consider changes to the US-89 and Smokerise Drive Intersection to "help patrons crossing street and vehicles leaving KOA more efficient and safer."
  A majority of Council agreed to forward the petition to the Traffic Commission for consideration.
             
B. Future Agenda Item Request (F.A.I.R.) A Citizens' Petition requesting that the Council consider building "a second tunnel/bridge on west side of town that would help with Milton congestion and connect Thompson St. to Lower Coconino St."
  There was not enough Council support to move the item forward to a future agenda.
             
C. Future Agenda Item Request (F.A.I.R.): A request by Councilmember Aslan to place on a future agenda a discussion about developing specific recommendations for Halloween night to ensure and encourage that trick or treaters and neighborhoods are engaging in concert in an agreed upon way that keeps everyone out and having fun but socially distant and safe or providing alternatives that keeps Halloween fun.
  There was not enough Council support to move the item forward to a future agenda.
             
D. Future Agenda Item Request (F.A.I.R.): A request by Councilmember Whelan to place on a future agenda a discussion to consider changing the Zoning Code to allow for the commercial mixed-use areas in student housing developments to be converted to permanent Affordable Housing.
  Three members of Council were supportive of moving the item forward to a future agenda for discussion. A majority of Council was supportive of expediting the item in the queue for after the Police Department discussions. 
             
12. CITY MANAGER REPORT
             
A. City Manager Report
             
13. COVID-19 UPDATES
             
A. Re-Entry Updates
             
14. INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
             
15. ADJOURNMENT

The Regular Meeting of the Flagstaff City Council held September 1, 2020, adjourned at 8:24 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                                       , 2020.



__________________________________________
Stacy Saltzburg, MMC, City Clerk
                                            

    

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