FINAL AGENDA
 
REGULAR COUNCIL MEETING
TUESDAY

OCTOBER 6, 2020
  STAFF CONFERENCE ROOM
SECOND FLOOR - CITY HALL
211 WEST ASPEN AVENUE
3:00 P.M.

 
ATTENTION

IN-PERSON AUDIENCES AT CITY COUNCIL MEETINGS HAVE BEEN SUSPENDED UNTIL FURTHER NOTICE


The meetings will continue to be live streamed on the city's website (https://www.flagstaff.az.gov/1461/Streaming-City-Council-Meetings)

PUBLIC COMMENT PROTOCOL


The process for submitting a public comment has changed and public comments will no longer be read by staff during the Council Meetings.

All public comments will be taken either telephonically or accepted as a written comment.

Public comments may be submitted to publiccomment@flagstaffaz.gov 

If you wish to address the City Council with a public comment by phone you must submit the following information:

First and Last Name
Phone Number
Agenda Item number you wish to speak on
 
If any of this information is missing, you will not be called. We will attempt to call you only one time. We are unable to provide a time when you may be called.
 
All comments submitted otherwise will be considered written comments and will be documented into the record as such.
 
If you wish to email Mayor and Council directly you may do so at
council@flagstaffaz.gov.

AGENDA
             
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 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.
 
MAYOR EVANS
VICE MAYOR SHIMONI
COUNCILMEMBER ASLAN
COUNCILMEMBER MCCARTHY

COUNCILMEMBER ODEGAARD
COUNCILMEMBER SALAS
COUNCILMEMBER WHELAN
 
3.
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT

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. 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:  Parks and Recreation Commission.
 
  STAFF RECOMMENDED ACTION:
 
Make three appointments to terms expiring August 2023.
 
6.
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.
 
             
A.   Consideration and Approval of Contract:  Proprietary source purchase of T-Floc B41 Chemical for Water Treatment from Thatcher Company of Arizona in an amount not to exceed $200,000 annually.
 
  STAFF RECOMMENDED ACTION:
 
Approve the proprietary source purchase of T-Floc B-41 Chemical for Water Treatment from Thatcher Company of Arizona, Inc. at a unit price of $0.398 per pound, in an amount not to exceed $200,000 (two hundred thousand dollars) annually.
 
B.   Consideration and Approval of a Cooperative Purchase Contract:  To replace a 24 year old wildand fire engine through the cooperative purchase for a new one in the amount of $181,635.
 
  STAFF RECOMMENDED ACTION:
 
Approve the purchase of a Type VI Wildland Engine from SNF, Inc. (dba BFX Fire Apparatus) in the amount of $181,635 through cooperative purchase contract #GS-30F-0025V with the U.S. General Services Administration (GSA).
 
C.   Consideration and Approval of Construction Contract with Boart Longyear Company in the amount of $1,858,419. for the services of drilling well #2 at Fort Tuthill.
 
  STAFF RECOMMENDED ACTION:
 
  1. Approve the construction contract with Boart Longyear Company in the amount of $1,858,419, and a contract time period of 365 calendar days; and
  2. Authorize the City Manager to execute the necessary documents.
 
7. ROUTINE ITEMS
 
A.   Consideration and Approval of Memorandum of Understanding and Consideration and Adoption of Ordinance No. 2020-24: A Memorandum of Understanding with Coconino County for members of the Coconino County Indigenous Peoples Advisory Council to serve as ex-officio members of the City of Flagstaff Indigenous Commission and an ordinance of the City Council of the City of Flagstaff Arizona, amending the Flagstaff City Code, Title 2, Boards and Commissions, by adding a new Chapter 2-26, creating an Indigenous Commission
 
  STAFF RECOMMENDED ACTION:
 
1) Approve the Memorandum of Understanding
2) Read Ordinance No. 2020-24 by title only for the final time
3) City Clerk reads Ordinance No. 2020-24 by title only (if approved above)
4) Adopt Ordinance No. 2020-24
 
8. REGULAR AGENDA
 
A.   Consideration and Adoption of Resolution No. 2020-58:  A resolution approving an Intergovernmental Agreement between the City of Flagstaff and University of Arizona for water education through Arizona Project Wet.
 
  STAFF RECOMMENDED ACTION:
 
1) Read Resolution No. 2020-58 by title only
2) City Clerk reads Resolution No. 2020-58 by title only (if approved above)
3) Adopt Resolution No. 2020-58
 
B.   Consideration and Approval of Grant Application and Acceptance Upon Award:  U.S. Department of Justice, 2020 Edward Byrne Memorial Justice Assistance Grant in the amount of $20,751.00.
 
  STAFF RECOMMENDED ACTION:
 
Approve the U.S. Department of Justice, 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) application to the Flagstaff Police Department for grant funds in the amount of $20,751.00.
 
C.   Consideration and Adoption of Resolution No. 2020-55: A resolution approving an Intergovernmental Agreement (IGA) Grant Application between the City of Flagstaff and Coconino County, regarding joint application for grant funding from the Department of Justice, Fiscal Year 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. 
 
  STAFF RECOMMENDED ACTION:
 
1) Read Resolution No. 2020-55 by title only
2) City Clerk reads Resolution No. 2020-55 by title only (if approved above)
3) Adopt Resolution No. 2020-55
 
D.   Consideration and Adoption of Resolution No. 2020-56:  A resolution of the Flagstaff City Council, approving the Flagstaff Alliance for the Second Century Intergovernmental Agreement between the Northern Arizona University, City of Flagstaff, Coconino County, Community College District, Flagstaff Unified School District, and Northern Arizona Intergovernmental Public Transportation Authority
 
  STAFF RECOMMENDED ACTION:
 
1) Read Resolution No. 2020-56 by title only
2) City Clerk reads Resolution No. 2020-56 by title only (if approved above)
3) Adopt Resolution No. 2020-56
 
9. DISCUSSION ITEMS
 
A.   Case No. PZ-19-00125 Updates to Zoning Code 2020 - High Occupancy Housing Specific Plan
 
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 request by Councilmember Whelan to place on a future agenda a discussion about the current process for all Reclaim Water agreements/contracts and their renewals and discussion to change that process so that all agreements and their renewals become before the Water Commission and Council for approval.
 
             
12. CITY MANAGER REPORT
 
A.   City Manager Report
 
13. COVID-19 UPDATES
 
A.   COVID-19 and Re-Entry Updates
 
14. INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
 
15. ADJOURNMENT
 
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
                                            
 
5.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Stacy Fobar, Deputy City Clerk
Date: 09/30/2020
Meeting Date: 10/06/2020

TITLE:
Consideration of Appointments:  Parks and Recreation Commission.
STAFF RECOMMENDED ACTION:
Make three appointments to terms expiring August 2023.
Executive Summary:
The Parks and Recreation Commission consists of seven (7) citizen members. The Parks and Recreation Commission makes recommendations to the Council regarding City parks and recreational programs, the annual budget and capital improvements for the Parks and Recreation Divisions. There are currently three available seats. It is important to fill vacancies on Boards and Commissions quickly so as to allow the Commission to continue meeting on a regular basis.

There are six applications on file for consideration by the Council, they are as follows:

John Brinkmann (new applicant)
Richard Conway (new applicant)
Austin Kerr (new applicant)
Greg Kleiner (new applicant)
Ryan Martin (current commissioner)
Tod Morris (new applicant)

John Brinkmann currently serves on the Board of Adjustment, but would resign his seat on the Board if appointed to the Parks and Recreation Commission. In an effort to reduce exposure to personal information the commission roster, applicant roster and applications will be submitted to the City Council separately.

COUNCIL APPOINTMENT ASSIGNMENT: Councilmember Salas, Councilmember McCarthy, and Mayor Evans
Financial Impact:
These are voluntary positions and there is no budgetary impact to the City of Flagstaff.
Policy Impact:
None
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
There is no Council goal that specifically addresses appointments to Boards and Commissions; however, boards and commissions do provide input and recommendations based on City Council goals that may pertain to the board or commission work plan.
Has There Been Previous Council Decision on This:
None
Options and Alternatives:
1) Appoint three Commissioners: By appointing three members at this time, the commission will be at full membership and able to continue to meet and provide recommendations to the City Council.
2) Table the action to allow for further discussion or expand the list of candidates.
Community Benefits and Considerations:
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.
Community Involvement:
INFORM: The vacancies are posted on the City's website and individual recruitment and mention of the openings by Board members and by City staff have occurred, informing others of these vacancies through word of mouth.

Attachments: Parks and Recreation Commission Authority
 
6.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Brian Huntzinger, Water Production Manager
Co-Submitter: Mark Richardson
Date: 09/30/2020
Meeting Date: 10/06/2020

TITLE:
Consideration and Approval of Contract:  Proprietary source purchase of T-Floc B41 Chemical for Water Treatment from Thatcher Company of Arizona in an amount not to exceed $200,000 annually.
STAFF RECOMMENDED ACTION:
Approve the proprietary source purchase of T-Floc B-41 Chemical for Water Treatment from Thatcher Company of Arizona, Inc. at a unit price of $0.398 per pound, in an amount not to exceed $200,000 (two hundred thousand dollars) annually.
Executive Summary:
Chemicals represent a large investment in the effective operation of the city's potable water treatment plants.  Chemical coagulants are used to remove impurities in surface water from Upper Lake Mary in the production of potable drinking water.  These chemicals are critical to the treatment of water in order to comply with water quality regulations and ensure the public's safety.  In 2016 the Lake Mary Water Treatment Plant conducted trials with various coagulants to determine the best treatment.  Based on the study, T-Floc B41 was selected and has been in use at the Lake Mary Water Treatment Plants since the end of 2016.
Financial Impact:
This chemical purchase is budgeted annually in the Water Services Fund in account 202-08-301-1011-0-4362, with a total FY 2020-21 budget of $308,200 for all water treatment chemicals.  
Policy Impact:
None
Connection to PBB Key Community Priorities/Objectives & 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.
Regional Plan
  • Goal WR.1:  Maintain a sustainable water budget incorporating regional hydrology, ecosystem needs, and social and economic well-being.
  • Goal WR.2:  Manage a coordinated system of water, wastewater, and reclaimed water utility service facilities and resources at the City level and identify funding to pay for new resources. 
    • Policy WR2.1:  Develop and adopt an integrated water master plan that addresses water resources, water production and its distribution, wastewater collection and its treatment, and reclaimed water treatment and its distribution.
    • Policy WR2.2:  Maintain and develop facilities to provide reliable, safe, and cost effective water, wastewater, and reclaimed water services.            
  • Goal WR.3:  Satisfy current and future human water demands and the needs of the natural environment through sustainable and renewable water resources and strategic conservation measure.
  • Goal WR.6:  Protect, preserve, and improve the quality of surface water, groundwater, and reclaimed water in the region.
Has There Been Previous Council Decision on This:
Yes, Council approved previous purchasing contracts of T-Floc B-41 with Thatcher Company of Arizona, Inc. on November 15, 2016, and September 18, 2018, meetings.  
 
Options and Alternatives:
1.  Approve of the proprietary source purchase of T-Floc B41 from Thatcher Company of Arizona, Inc.;
or
2.  Do not approve the proprietary source purchase, which would require the Lake Mary Water Treatment Plant to re-evaluate the treatment process and potentially convert back to one based on aluminum sulfate as a primary coagulant.
Background/History:
Chemicals represent a large investment in the effective operation of potable water treatment plants.  Flagstaff Water Services, Water Production Section uses the following chemicals for these specific purposes:
  • Chlorine dioxide is used for disinfection and oxidation of raw/untreated surface water; while minimized disinfection by-product formation.
  • Chlorine is used for disinfection of treated surface and ground water and maintaining residual disinfection levels in the distribution system.
  • Coagulants such as T-Floc B41 or aluminum sulfate and cationic polymer are used for removal of suspended impurities.
  • Sodium hydroxide or caustic soda is used to balance the pH of treated water.

The treatment chemical/coagulant T-Floc B-41 is used in place of aluminum sulfate which helps reduce the use of caustic soda and cationic polymer.  Over the last decade, compared to traditional coagulants such as aluminum sulfate, poly aluminum chlorohydrates, such as T-Floc B-41, have been found to work more effectively in low alkalinity waters such as is found in Upper Lake Mary and require less pH adjustment both for raw and treated/finished water. 

Attachments: Proprietary Procurement Justification
B-41 Pricing
Thatcher Letter
 
6.B.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Mark Wilson, Deputy Fire Chief
Co-Submitter: Emily Markel
Date: 09/30/2020
Meeting Date: 10/06/2020

TITLE:
Consideration and Approval of a Cooperative Purchase Contract:  To replace a 24 year old wildand fire engine through the cooperative purchase for a new one in the amount of $181,635.
STAFF RECOMMENDED ACTION:
Approve the purchase of a Type VI Wildland Engine from SNF, Inc. (dba BFX Fire Apparatus) in the amount of $181,635 through cooperative purchase contract #GS-30F-0025V with the U.S. General Services Administration (GSA).
Executive Summary:
This is part of the council approved Flagstaff Fire Department (FFD) apparatus replacement plan. FFD are replacing the oldest unit in our wildland fleet (1996 = 24 yrs. old) with a new engine that will match other existing units.  The older model being replaced is no longer dependable due to age of the unit, the pump's pressure capacity cannot push out the proper gallons per minute for the hose and is a single cab configuration which is not capable of carrying the whole crew to a working wildfire incident. This new model is a specific build for FFD that is through a sole source with BFX Fire Apparatus. By using the BFX Fire Apparatus specifications FFD will now have all four Type VI engines built under the same specifications for training, repairs and general familiarity by crews.
Financial Impact:
This funding was approved by the FLEET committee, Budget Team, City Manager and City Council as part of the current fiscal year budget. The approved amount was not-to-exceed $190,000 in General Fund, Fire Division in account 001-03-051-0203-2-4401 and this purchase stays within that budget. The remaining funds will be used to purchase outdated radios and equipment to get the unit fully operational. Budgeted for and approved in the FY 2020-21 council adopted budget and was part of the FLEET committee's annual cost allocation.
Policy Impact:
N/A
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Provide public safety with the resources, staff, and training to respond to community needs. 

Regional Plan
Goal PF.3. Provide high-quality emergency response and public safety services including law enforcement, fire, medical, and ambulance transport service.

Goal E&C.6. Protect, restore and improve ecosystem health and maintain native plant and animal community diversity across all land ownerships in the Flagstaff region.
Has There Been Previous Council Decision on This:
Replacement was approved as part of the current adopted fiscal year budget process.
Options and Alternatives:
- Approve the replacement purchase of the Type 6 Wildland Engine; or
- Disapprove the replacement purchase of the Type 6 Wildland Engine
Background/History:
The replacement of this Type 6 wildfire engine takes a 24 year old unit out of service that is not suited for bringing current 3-4 person crews and the necessary equipment to the scene of a working wildfire incident. This unit will be placed out of the FFD central station #2 (Ponderosa Pkwy) that will be the primary unit for all Sunnyside, upper Greenlaw, parts of Mount Elden, Cedar Hill and is the primary back up unit to Districts 1,3,4 and 5. This is a primary wildfire response engine, but also can be used for inclement weather events and areas with limited access.

The procurement was done through a cooperative using the contract #GS-30F-0025V with the U.S. General Services Administration to access better pricing through the contractor SNF, Inc. (dba BFX Fire Apparatus).
Key Considerations:
This unit is 24 years old and has a pump that has limited capacity based on modern water distribution needs. The single cab is not capable of safely brining more than two (2) members and gear to a working incident due to size and FFD crews are a minimum of three (3).
Expanded Financial Considerations:
This unit is one that will be available for wildfire callout at the State and Federal level when the Flagstaff community is not in high wildfire danger. These assignments off district bring in additional funding for the City and Department.
Community Benefits and Considerations:
Wildfire continues to be the highest identified threat to the Flagstaff community and purchasing the Type VI Wildland Engine allows for a continuation of the community protection and the surrounding regions.
Community Involvement:
N/A
Expanded Options and Alternatives:
N/A

Attachments: COF Coop BFX GSA Contract
New v. Old Pics
Spec Sheet
E-126 Line Item Cost Sheet
BFX Contract
 
6.C.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Justin Emerick, Project Manager, Water Services
Co-Submitter: Erin Young
Date: 09/30/2020
Meeting Date: 10/06/2020

TITLE:
Consideration and Approval of Construction Contract with Boart Longyear Company in the amount of $1,858,419. for the services of drilling well #2 at Fort Tuthill.
STAFF RECOMMENDED ACTION:
  1. Approve the construction contract with Boart Longyear Company in the amount of $1,858,419, and a contract time period of 365 calendar days; and
  2. Authorize the City Manager to execute the necessary documents.
Executive Summary:
Council approval will allow the execution of a contract with Boart Longyear Company to perform well-drilling services for Fort Tuthill Well #2. The project was bid on September 16, 2020, and Boart Longyear was the lowest responsive responsible bidder.
Financial Impact:
The Ft Tuthill Well #2 project is funded by the total appropriation of $1,858,419. Funds for this project are budgeted in the Water Services New Well Capital account #  202-08-370-3350-0-4464.
Policy Impact:
There are no policy impacts with this contractual agreement.
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Priority: Sustainable, Innovative Infrastructure Objectives: Deliver outstanding services to residents through a healthy, well maintained infrastructure system; Utilize existing long-range plan(s) that identify the community's future infrastructure needs and all associated costs

Regional Plan
Regional Plan WR2.2 Maintain and develop facilities to provide reliable, safe, and cost-effective water, wastewater and reclaimed water services.
Has There Been Previous Council Decision on This:
Council has previously approved the FY 2018-2019 Capital Improvement 5-Year Plan and authorized the FY 2018-2019 budget for this project in the amount of $1,800,000. On April 7, 2020, this Council approved the Amended and Restated Permanent Easement for Wells, Drainage, Sewer, and Water Pipelines (for Fort Tuthill and surrounding area development) with Coconino County.
Options and Alternatives:
1.  Approve the award as recommended. This would allow the project to be constructed in 2020/2021.
2.  Reject all bids. This option would delay the construction start and possibly cause the work to be
deferred until 2022.
Background/History:
Additional well resources are needed to provide for growth and system redundancy in order to achieve a reliable and cost-effective balance of water supplies utilizing ground water and surface water supplies sources. Water Services used a sophisticated ground structure probing technique called Controlled Source Audio Frequency Magnetotellurics (CSAMT). This technique provides the City with a visual “picture” of the underground structures beneath promising areas that indicate whether or not the rock porosity is generous enough to allow adequate flow into the fault structures where water is most apt to be withdrawn.
 
Because of the challenging drilling conditions in the Flagstaff area, a special type of drilling technique called the Dual-Rotary method was chosen for the development of this well.  This drilling technique advances well casing along with the drill bit during drilling of the borehole, which mitigates issues many previously used methods have had in maintaining the circulation of drilling fluids during the drilling process. This is important because it provides a larger margin of safety in not losing the well hole to collapse prior to the installation of the well casing. The Dual Rotary method was successfully used in drilling the last three City wells at Fort Tuthill Well site #1, Sinagua Well, and McAllister Well in 2008. 

 ATC Group Services were hired to design the well and develop the scope of services and drilling specifications. This information defines project protocols and guides the drilling contractor through the challenging drilling conditions found in the Flagstaff area. ATC Group Services will see the project through to ensure that the proper protocols are followed and the final well meets the City's specifications.

Well development services include: drilling the well to 2,500 feet, verifying well alignment and deviation during the drilling process, installing well casing, screen and gravel pack, performing restoration activities to the disturbed area to pre-drilling conditions (grading, reseeding).

Purchasing staff published an Invitation for Bids (IFB) solicitation for Well Drilling Project in the Arizona Daily Sun on August 30th and September 6th, 2020, and posted the solicitation to the City of Flagstaff’s PlanetBids Website on August 25th, 2020. On September 16th, 2020, the City received three Bids from Well Drilling contractors. Upon a review from Water Services and the Procurement team, Boart Longyear Company was determined to be the lowest responsive bidder of the three bids received in this bidding process. The following are the dollar amounts of the bids received for IFB #2021-19 Well Drilling Project:
 
  • Boart Longyear $1,858,419.00 (base bid $1,843,219.00 + Add Alternate Gravel Package $15,200)
  • Yellow Jacket Drilling $1,943,241.00
  • Weber Water $2,709,313.00

 

Key Considerations:
Approval of this contract will mark the start of the third of a four-phase process to bring another groundwater well online: 1) completion of a Well Siting Study Report (April, 2018), 2) hiring a consultant to locate a final well site, develop a well design and drilling specifications, and provide the City guidance and oversee the well drilling process (September, 2018), 3) hiring a well drilling firm to drill and construct the new water supply well, and 4) equipping the well with a pump house for disinfection and delivery into the public water distribution system.

The need for a new water well is based upon maintaining a certain percentage of system redundancy to ensure a reliable water supply to our customers, as explained in the City’s Water Policies (City Council Resolution #2014-13) for F2 Water System Capacity Allocation.

The City has an agreement with the County that allows a second well at Fort Tuthill, titled Permanent Easement for Wells, Drainage, Sewer, and Water Pipelines (Fort Tuthill), dated March 24, 2020. 
Community Benefits and Considerations:
City customers will benefit by having adequate capacity in our water production system as per the City's Water Policy F2 Water System Capacity Allocation. .

Attachments: Well Drilling Contract
Fort Tuthill Well #2 Location
Fort Tuthill Permanent Easement Agreement 2009
Fort Tuthill 2020 Easement
 
7.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Rose Toehe, Coordinator for Indigenous Initiatives
Date: 09/30/2020
Meeting Date: 10/06/2020

TITLE:
Consideration and Approval of Memorandum of Understanding and Consideration and Adoption of Ordinance No. 2020-24: A Memorandum of Understanding with Coconino County for members of the Coconino County Indigenous Peoples Advisory Council to serve as ex-officio members of the City of Flagstaff Indigenous Commission and an ordinance of the City Council of the City of Flagstaff Arizona, amending the Flagstaff City Code, Title 2, Boards and Commissions, by adding a new Chapter 2-26, creating an Indigenous Commission
STAFF RECOMMENDED ACTION:
1) Approve the Memorandum of Understanding
2) Read Ordinance No. 2020-24 by title only for the final time
3) City Clerk reads Ordinance No. 2020-24 by title only (if approved above)
4) Adopt Ordinance No. 2020-24
Executive Summary:
On October 10, 2017, the Flagstaff City Council made a commitment to the Indigenous citizens and communities to address the recommendations received from six city-wide Indigenous forums in collaboration with Indigenous Circle of Flagstaff.  The City Council further made a commitment to realize the creation of an Indigenous Commission to help advise City Council on carrying out the recommendations. The Indigenous Commission will serve as a communication bridge to Indigenous citizenry/population through the office of Coordinator for Indigenous Initiatives to City Council.   

Strategic Plan and Recommendations:
  1. Visibility: To build visibility of Indigenous presence and contributions through public art, street and place names, public advertising, and possible support for a Flagstaff Powwow.
  2. Economic Inclusion: Finance and promote a study to quantify Indigenous contribution to Flagstaff’s economy.  Create a directory of and promote Indigenous-owned businesses in Flagstaff.  Feasibility study for a public marketplace for Indigenous artists.
  3. Community/Cultural Center: Begin the process to develop a vision statement, and to identify a location, administrative structure, and funding partners for an Indigenous Community Cultural Center.  This is the costliest of the recommendations and also the most frequently articulated. 
  4. Education: Work with Flagstaff Unified School District to support expanded curricula and staff training on Indigenous histories, cultures, and contributions.
  5. Public Safety and Criminal Justice: Work with Police, Fire Departments and the Courts to include conversations and input on public safety.
  6. Wellness: Take initiative in identifying, assisting, and supporting Indigenous organizations to build culturally grounded resources for the treatment of intergenerational trauma and other sources of damage expressed by means of substance abuse, homelessness, domestic violence, and suicide. Including positive programs such as Indigenous community gardens and youth-elder programs ideally based within Community Cultural Center.  Explore ways to show consideration and respect for lands that are revered, beloved, and sacred for Indigenous people. This is a paramount issue of physical, mental, and spiritual health for the Indigenous people of Flagstaff.
  7. Housing: Work with Indigenous organizations to further support affordable housing for Indigenous people. Identify and recommend ways the City can ease the burden of Flagstaff’s restrictive price levels for housing and utilities.
  8. Transportation: Explore solutions to regional transportation deficits that place particular obstacles in the path of Native Indigenous people who travel between the City and nearby homes or additional family homes for work, shopping, family connections, and health services.
Financial Impact:
A budget is not associated with this activity in the current budget cycle.  In the future, funds can be identified to carry out certain aspects/activities of the Commission.
Policy Impact:
The Indigenous Commission can advise the City Council on policy issues and considerations.
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives

High Performing Governance:
Encourage public trust through transparency, accessibility and the use of the City's public participation policy.
Safe and Healthy Community:
Help to foster a safe, secure, and healthy community.
Inclusive and Engaged Community:
Foster community pride and civic engagement. 
Advance social equity and social justice in Flagstaff.
Facilitate and foster diversity and inclusivity.
Enhance community outreach and engagement opportunities.
Robust and Resilient Economy:
Grow and strengthen a more robust, diverse, a resilient economy.
Livable Community:
Create a welcoming community through partnerships, strong neighborhoods, civic engagement, and resident participation.
Provide educational opportunities for Flagstaff.
Environmental Stewardship:
Actively manage to protect all environmental and natural resources.
Has There Been Previous Council Decision on This:
On May 26, 2020, during the Work Plan presentation of the Coordinator for Indigenous Initiatives, Council briefly discussed the need to create the Indigenous Commission and referred to other discussions in the past.

On July 7, 2020, Coordinator for Indigenous Initiatives provided a presentation on Commissions and Committee to seek Council guidance and direction on Indigenous Commission creation.

Attachments: Memorandum of Understanding
Ord. 2020-24
 
8.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
:
Co-Submitter: Erin Young, Water Resources Manager
Co-Submitter: Stacey Brechler-Knaggs
Date: 09/30/2020
Meeting Date: 10/06/2020

TITLE:
Consideration and Adoption of Resolution No. 2020-58:  A resolution approving an Intergovernmental Agreement between the City of Flagstaff and University of Arizona for water education through Arizona Project Wet.
STAFF RECOMMENDED ACTION:
1) Read Resolution No. 2020-58 by title only
2) City Clerk reads Resolution No. 2020-58 by title only (if approved above)
3) Adopt Resolution No. 2020-58
Executive Summary:
Approval of the Intergovernmental Agreement ("IGA") for the Flagstaff Water Education Program Between the Arizona Board of Regents for and on behalf of the University of Arizona and the City of Flagstaff will formalize the partnership between the parties. Arizona Project WET (Water Education for Teachers) operates under the authority of the University of Arizona. Arizona Project WET provides water education throughout Arizona and has partnered with the City of Flagstaff on the annual Water Festival since 2005. Under this IGA, Arizona Project WET agrees to develop and deliver water-based K-12 educational content for Flagstaff schools, with guidance from the City of Flagstaff Water Conservation Program. This agreement will begin upon full execution and will continue for a 5-year initial term, with the ability to renew for an additional 5-year term.
Financial Impact:
Water Services has an on-going budget of $15,000 per year in Water Fund, Water Resources Section account number 202-08-304-1062-0-4290 for educational content, as described in the scope of work Exhibit A. Grant funds and/or sponsorship dollars have historically reduced the annual cost to the City. The City agrees to waive indirect costs so that the total funding provides a greater direct benefit to the project.
Policy Impact:
Collaborating with Project WET supports Council Adopted Water Policy D 1.1 on Water Conservation Education
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Key Community Priorities: Environmental Stewardship
Key Community Objectives: Enhance community outreach and engagement opportunities; Provide environmental community outreach, education, and volunteer opportunities.

Regional Plan
Goal CC.5. Support and promote art, science, and education resources for all to experience
Has There Been Previous Council Decision on This:
There has not been previous council direction on this topic.
Options and Alternatives:
1.  Approve the Agreement; or
2.  Do not approve the Agreement and direct staff to support Arizona Project WET on an annual basis in a less formal manner.
Background/History:
Arizona Project WET has partnered with the City of Flagstaff Water Conservation Program on the annual Water Festival for 4th graders since 2005. During fiscal years 2017-2020, the two parties also partnered on additional water-based education for several FUSD schools, operating under a sole-source procurement. At the close of the fiscal year 2020, City staff proposed an IGA to formalize these programs under one umbrella, therefore eliminating the annual sole-source justification and scoping efforts.
Key Considerations:
This IGA formalizes the partnership that has existed between Arizona Project WET and the City of Flagstaff Water Conservation Program in some capacity since 2005. The execution of this IGA will clarify roles and responsibilities between the two parties and will streamline the annual provisioning of youth water-based education in Flagstaff schools on behalf of the Water Services Water Conservation Program. The annual Water Festival for 4th Grade students has served an average of 840 students a year in the 12 years of the program. The additional programming brings the Project WET curriculum to teachers in Flagstaff who request support in water resources and conservation education.
Expanded Financial Considerations:
This IGA specifies that up to $15,000 annually may be paid to Arizona Project WET for water-based educational outreach in Flagstaff area schools. The Water Conservation Program has helped to defray these costs in the past by providing the majority of the supplies for the annual Water Festival, by contributing staff time where appropriate, and by securing annual sponsorships of the Water Festival from local companies such as SCA Tissue and Fratellis Pizza. Additionally, Arizona Project WET received a grant last year through the Arizona Community Foundation that covered most of the additional programming funds to offer the Project WET K-12 teacher support. City staff and Arizona Project WET staff will continue seeking funds each year to offset the total cost.
Community Benefits and Considerations:
We believe that the development and encouragement of a water ethic in the Flagstaff community is essential to achieving our water conservation goals, which are a critical component of our long term water resource planning. Providing youth education on water conservation serves two purposes: first, it ensures that Flagstaff community members understand the value and importance of water from an early age. Second, students bring home information about water conservation from school back to their families. Outreach that occurs at school also ensures equity, since there are families in our community that do not have the ability to attend events where we would normally provide this type of outreach such as the Festival of Science or the annual Earth Day celebration.
Community Involvement:
The annual 4th Grade Water Festival is a wonderful collaboration between City staff, Arizona Project WET, and students from Northern Arizona University (NAU). NAU students and local teaches attend a free 6-hour workshop where they learn the water lessons from Project WET and City staff. This gives the students and teachers experience teaching the Project WET water units to the 4th grade students. The actual day of the event will see from 50 to over 100 volunteers of parents, city staff, and local business representatives. Sponsorship and support have historically come from SCA Tissue and Fratelli Pizza. With the closure of SCA Tissue, City staff will be seeking a new sponsor for the Festival in 2021.

Attachments: Res. 2020-58
Arizona Project WET IGA
Exhibit A-Scope of Work
 
8.B.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From:
Co-Submitter: Stacey Brechler-Knaggs
Date: 09/30/2020
Meeting Date: 10/06/2020

TITLE:
Consideration and Approval of Grant Application and Acceptance Upon Award:  U.S. Department of Justice, 2020 Edward Byrne Memorial Justice Assistance Grant in the amount of $20,751.00.
STAFF RECOMMENDED ACTION:
Approve the U.S. Department of Justice, 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) application to the Flagstaff Police Department for grant funds in the amount of $20,751.00.
Executive Summary:
Approval of the grant in the amount of $20,751.00 will greatly assist in providing communications equipment, less lethal training equipment and DUI education/training materials. The Flagstaff Police Department will use the funding to procure Motorola APX 4500 radios for police vehicles, mobile-data computer docking stations, TASER training equipment, and DUI education and training materials.  The remainder and a total of 3% will be applied to costs associated with transitioning to National Incident Based Reporting System (NIBRS). 

The Coconino County Sheriff's Office will utilize funds to purchase a total of eight (8) radios.  The mobile radios will be installed in off-road, Search and Rescue vehicles, deployed to areas with rough terrain and limited access.  The County will use the 3% NIBRS set-aside to enhance our Records Management System in preparation of the transition to NIBRS.
Financial Impact:
There is no significant financial impact to the City of Flagstaff in terms of expenditures. The grant is in the amount of $20,751.00 and is upon award, will be budgeted in FY 2020-21 in the General Fund under the Police Grant section, utilizing account number 001-04-062-6101-2-4273.
Policy Impact:
None.  This grant will allow Flagstaff Police Department and Coconino County Sheriff's office to improve an aging, outdated or non-existent communication infrastructure.  It will also assist FPD in providing dynamic, scenario-based training and updated DUI educational materials.  
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
  • Safe & Healthy Community: Provide public safety with the resources, staff, and training to respond to community needs.
  • Inclusive & Engaged Community: Enhance community outreach and engagement opportunities.

Regional Plan
  • Policy PF.3.1. Maintain high-quality effectiveness and efficiency in law enforcement, fire, and emergency services to the extent that is consistent with governmental operations, plans, public policies, population served, and monies available.
  • Policy PF.3.4. Maintain emergency management operations to protect life and property during disaster events in natural hazard areas and built environments.
Has There Been Previous Council Decision on This:
Yes, since 2014, Council has approved the Justice Assistance Grant (JAG) Program IGAs with the Coconino County Sheriff's Office, which has benefited both agencies.  
Options and Alternatives:
1.) Approve grant application process and acceptance upon award.
2.) Disapprove grant application process.
Background/History:
The U.S Department of Justice, Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA), was created in 1984 to provide federal leadership in developing the nation's capacity to prevent and control crime, administer justice, and assist crime victims. The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and spend funds where they are most needed. The formula calculates direct allocations for local governments within each state, based on their share of the total violent crime reported to the state.
Key Considerations:
The JAG formula program provides agencies with the flexibility to prioritize and place justice funds where they are needed most. As we are carrying a surplus of FY18 and FY19 JAG monies forward, we are prioritizing FY20 monies on communications equipment, training equipment and DUI education materials.
Expanded Financial Considerations:
The Fiscal Year 2020 JAG funds have been requested in the amount of $20,751.00 of which the City will agree to the terms of the Intergovernmental Agreement and pass on the appropriate funds through the County. The County will request a total of $6,225 (includes 3% set aside) to be used to purchase four (4) Very High Frequency (VHF) P25 digital mobile radios and four (4) Ultra High Frequency (UHF) refurbished radios.

Both agencies will use 3% of their total amount to be used for the mandatory National Incident Based Reporting System (NIBRS) transition and will be used in conjunction with the OnCall Records software implementation to add NIBRS to the records software management system. A total amount of $617.00 will be used for NIBRS as requested by the JAG grant requirements.
Community Benefits and Considerations:
Approval of this Grant and Award will allow the Flagstaff Police Department and the Coconino County Sheriff's Office to utilize the Fiscal Year 2020 grant funds to improve communication, training and community outreach, ultimately helping to preserve life, protect property, improve community relations, prevent and control crime, administer justice and assist crime victims.
Community Involvement:
Inform the Council and public on the application of this grant and intended use of these funds.
Expanded Options and Alternatives:
Financial Implications: The 2020 JAG funds have been allocated in the amount of $20,751.00 of which the City agrees to pay the County a total of $6,225.00 for the purchase of four (4) VHF P25 digital mobile radios and four (4) UHF refurbished radios and $187.00 will be used for the mandatory National Incident Based Reporting System (NIBRS) transition required by the federal government. The City amount of $14,526.00 will be used for purchasing communications equipment, training equipment and DUI education materials, with the remaining balance of $430.00 will be used for the mandatory National Incident Based Reporting System (NIBRS) transition required by the federal government.

Attachments: JAG 2020- Application Submittal
 
8.C.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
:
Co-Submitter: Stacey Brechler-Knaggs
Date: 09/30/2020
Meeting Date: 10/06/2020

TITLE:
Consideration and Adoption of Resolution No. 2020-55: A resolution approving an Intergovernmental Agreement (IGA) Grant Application between the City of Flagstaff and Coconino County, regarding joint application for grant funding from the Department of Justice, Fiscal Year 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. 
STAFF RECOMMENDED ACTION:
1) Read Resolution No. 2020-55 by title only
2) City Clerk reads Resolution No. 2020-55 by title only (if approved above)
3) Adopt Resolution No. 2020-55
Executive Summary:
Approval of the IGA will enable the City of Flagstaff to pass through U.S. Department of Justice funding to
the Coconino County Sheriff's Department utilizing $6,038.00 to purchase four (4) Very High Frequency (VHF) P25 digital mobile radios and four (4) Ultra High Frequency (UHF) refurbished radios to be installed in off road Search and Rescue vehicles.  
 
The remaining $187.00 is applied to the associated National Incident Based Reporting System (NIBRS) costs, bringing the Coconino County Sheriff’s Office total to $6,225.00.
Financial Impact:
There is no significant financial impact to the City of Flagstaff in terms of expenditures. This grant is
budgeted in FY 2020-21 in the General Fund, Police Grant Section, assigned the account number of 001-04-062-6101-2-4273.
Policy Impact:
There is no impact to policy.  This IGA is solely for the purpose of providing an agreed upon percentage of funding from the grant to the Coconino County Sheriff's Office for their needs.
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
  • Safe & Healthy Community: Provide public safety with the resources, staff, and training to respond to community needs.
Regional Plan
  • Flagstaff Regional Plan Policy PF.3.1 Maintain high-quality effectiveness and efficiency in law enforcement, fire and emergency services to the extent that is consistent with governmental operations, plans, public policies, population served, and monies available.
Has There Been Previous Council Decision on This:
Yes, since 2014, Council has approved the Justice Assistance Grant (JAG) Program IGAs with Coconino County Sheriff's Office, which has benefited both agencies.  
Options and Alternatives:
Approve the Intergovernmental Agreement between the City and County.
Not approve the IGA between the City and County and forfeit the grant funding.
Background/History:
The U.S Department of Justice, Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA), was created in 1984 to provide federal leadership in developing the nation's capacity to prevent and control crime, administer justice, and assist crime victims. The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and spend funds where they are most needed. The formula calculates direct allocations for local governments within each state, based on their share of the total violent crime reported to the state.
Key Considerations:
As part of the joint application process an IGA is required to be submitted to the funding agency indicating who will serve as applicant/fiscal agent for the joint funds. The IGA will authorize payment to the County in the amount of $6,225.00 for the JAG funds upon successful award.
Expanded Financial Considerations:
The Fiscal Year 2020 JAG funds have been requested in the amount of $20,751.00 of which the City will agree to the terms of the Intergovernmental Agreement and pass on the appropriate funds through the County. The County will request a total of $6,225 (includes 3% set aside) to be used to purchase four (4) VHF P25 digital mobile radios and four (4) UHF refurbished radios. 

Both agencies will use 3% of their total amount to be used for the mandatory National Incident Based Reporting System (NIBRS) transition and will be used in conjunction with the OnCall Records software implementation to add NIBRS to the records software management system. A total amount of $617.00 will be used for NIBRS as requested by the JAG grant requirements.
Community Benefits and Considerations:
The Intergovernmental Agreement will allow the Flagstaff Police Department and the Coconino County Sheriff's Office to utilize the Fiscal Year 2020 grant funds to improve communication, training and community outreach, ultimately helping to preserve life, protect property, improve community relations, prevent and control crime, administer justice and assist crime victims.
Community Involvement:
Inform the Council and public on the application of this grant and intended use of these funds.
Expanded Options and Alternatives:
1. Approve as recommended.
2. Disapprove the IGA with the County and potentially reduce the full funding to City and County.

Attachments: Res. 2020-55
IGA Between FPD and CCSO for JAG FY20
 
8.D.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
:
Co-Submitter: Jack Fitchett
Date: 09/30/2020
Meeting Date: 10/06/2020

TITLE:
Consideration and Adoption of Resolution No. 2020-56:  A resolution of the Flagstaff City Council, approving the Flagstaff Alliance for the Second Century Intergovernmental Agreement between the Northern Arizona University, City of Flagstaff, Coconino County, Community College District, Flagstaff Unified School District, and Northern Arizona Intergovernmental Public Transportation Authority
STAFF RECOMMENDED ACTION:
1) Read Resolution No. 2020-56 by title only
2) City Clerk reads Resolution No. 2020-56 by title only (if approved above)
3) Adopt Resolution No. 2020-56
Executive Summary:
Approve the Flagstaff Alliance for the Second Century Intergovernmental Agreement (IGA) for cooperative purchasing services and authorize the Mayor to sign the IGA on behalf of the City of Flagstaff.

This new IGA adds a new member to the Alliance, Northern Arizona Intergovernmental Public Transportation Authority, (hereinafter "Mountain Line").  The Agreement shall be for a period of ten (10) years effective from the date of the final signature of the Parties.
Financial Impact:
Under this Agreement the parties may sponsor, conduct, and/or administer a cooperative agreement for the procurement or disposal of any materials, services or construction. The Parties may cooperatively use materials or services or commonly use or share warehousing facilities, capital equipment and other facilities. Further the Parties may provide personnel, except that the requesting Party shall pay the Party providing the personnel the direct and indirect cost of providing personnel.  In addition, the Parties on request and subject to reimbursement of reasonable and necessary costs when applicable, make available to each other informational, technical or other services or software that may assist in improving the efficiency or economy of procurement.
Policy Impact:
The proposed IGA establishes procedures for the Alliance to participate in procurement related activities and encourages Alliance member cooperation whenever possible to increase purchasing power and provide better value in the expense of public resources. The performance of this Agreement is in the best interests of all parties and will benefit the public by not duplicating bidding efforts and providing a more efficient procurement process.
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives

High Performing Governance - Enhance the organizations fiscal stability and increase efficiency and effectiveness.
Has There Been Previous Council Decision on This:
Yes, the first IGA was approved by Council in September of 1994 for a ten (10) year period and expired in 2004.  Then in September of 2004, the IGA was renewed for another ten (10) years which expired in September of 2014.  On October 21, 2014, Council approved another ten (10) year renewal to expire in September of 2024.
Options and Alternatives:
1.) Approve the IGA.
2.) Decline the IGA which impacts the Alliance members ability to use and share resources.
Background/History:
This IGA was first approved by all of the five (5) participating members of the Alliance IGA (Flagstaff Unified School District, Northern Arizona University, Coconino County, City of Flagstaff, and Coconino County Community College) back in September of 1994 for a ten (10) year period. Then in September of 2004, this IGA was renewed for another ten (10) years through September of 2014 and is now expired. All five (5) participating members of the Alliance are interested in renewing this IGA for another ten (10) year period; which would expire in September of 2024.
Key Considerations:
This new IGA adds a new member to the Alliance, Northern Arizona Intergovernmental Public Transportation Authority, (hereinafter "Mountain Line").  The Agreement shall be for a period of ten (10) years effective from the date of the final signature of the Parties.
Community Benefits and Considerations:
This IGA will allow participating members of the Alliance to pool their resources to lower contract pricing through volume bidding that help leverage our purchasing power and to obtain maximum service quality provided by contracted vendors.
Community Involvement:
Inform

Attachments: Res. 2020-56
Alliance for the Second Century IGA
 
9.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Dan Symer, Zoning Code Manager
Date: 09/30/2020
Meeting Date: 10/06/2020

TITLE
Case No. PZ-19-00125 Updates to Zoning Code 2020 - High Occupancy Housing Specific Plan
STAFF RECOMMENDED ACTION:
Hold a work session to allow the City Council and the public to ask questions, seek clarification, have discussions, offer comments, and provide direction on the proposed amendment.
EXECUTIVE SUMMARY:
The proposed amendment (Attachment 1) is intended to implement the High Occupancy Housing Specific Plan (HOH Plan) that was adopted by the City Council in February 2018.  To implement the goals, policies, and implementation strategies of the HOH Plan, multiple changes to the Zoning Code are being proposed.  First and foremost, the amendment removes the Rooming and Boarding Land Use and adds the High Occupancy Housing Development (HOHD) and Mixed-Use High Occupancy Housing Development (MHOHD) related land uses to the Zoning Code as conditional uses.  The proposed land uses address small-, medium-, and large-scale HOHDs and MHOHDs.  In addition to the land uses, the amendment includes provisions related to vehicle and bicycle parking, a transit pass parking reduction program, locational criteria, density and bedrooms per acre allowances, Use Specific criteria, and Conditional Use Permit criteria.

The text below in red indicates new information as requested by the Council as well as some additional minor modifications.

Specific to this discussion, the Zoning Code Text Amendment has been updated related to the City Council's August 25, 2020, direction pertaining to the definitions of a Single-Family HOHD and Sanitation Facility (Sections IV.A. and B., below).  To accommodate the City Council's modifications, a systematic increase to the Two-unit HOHD bedroom count, greater than seven, has been incorporated (Section IV.C.1., below).  Also, the number of Sanitation Facilities in a HOHD or MHOHD dwelling unit has been updated, and the Bedroom-to-Sanitation Facility Ratio has been deleted.  In addition, the provisions have been updated to address concerns related to the maximum number of bedrooms that the Two- and Three-unit HOHDs are allowed (Section IV.C.2., below). Finally, clarification has been added related to the applicability of the bedroom distribution requirement, Bedroom-to-Dwelling Unit Ratio, intersecting pedestrian sheds of activity centers, Crime Free Multi-Housing Program, HOHD or MHOHD typical floor plan or residential unit study, Waste Management Plan, and transit stop location provisions (Sections IV.C.3. and V., below).
INFORMATION:
  1. I. City Council Questions:
For your reference, below is a general overview of the questions on which staff is seeking the City Council’s comments and direction.
  • Does the City Council have any recommended modifications or considerations on the proposed Zoning Code Text Amendment?
  • Does the City Council desire to maintain the staff recommended Two- and Three-unit HOHD bedroom maximums?
Please refer to the discussion in section IV.C.2. of the report.

II. Introduction:
In February 2018, the City Council adopted the citywide High Occupancy Housing Specific Plan (HOH Plan). The HOH Plan was developed in response to the community’s dialogue about previously proposed high-intensity mid-rise developments near historic neighborhoods that primarily catered to college students. The HOH Plan is intended to provide direction in the form of goals and policies to accommodate a variety of housing options in areas of the city that can support infill, redevelopment, and mixed-use activities.  These goals and policies are intended to enhance and maintain the city’s character and guide future developments that would be considered High Occupancy Housing (HOH). It should be noted that the HOH Plan’s listed implementation strategies about the Zoning Code amendments (Pages 102, 103, 105, and 106 of the HOH Plan) “…may be accomplished through another method...” to achieve “…the goals and policies of the HOH Specific Plan and the Regional Plan” (Page 99 of the HOH Plan). 

After the adoption of the HOH Plan, staff received direction and affirmation from City Council on October 8, 2019, to address smaller developments that may also be considered as HOH. The smaller HOH developments that staff was directed to consider are single-family, two-unit (duplex), three-unit (triplex), and multiple-family developments that were not addressed in the HOH Plan.
 
It should be noted that the HOH Plan did not scrutinize addressing smaller HOH developments. For context, the HOH Plan defines an HOH development as any development that has at least 30 units or 75 bedrooms per acre (Page 2 and 110 of the HOH Plan).  When the HOH Plan was developed, the Plan primarily focused on large-scale developments.  Developments that were included in the HOH Plan analysis were The HUB, The Standard, Village at Aspen Place, Fremont Station, etc. 

III. Overview of Proposed Amendment:
To implement the goals, policies, and implementation strategies of the High Occupancy Housing Specific Plan, the proposed amendment (Attachment 1) includes multiple changes to the Zoning Code.  New provisions are being added, and several existing regulations are being modified.  The most significant of the modifications include the:
  • Removal of the Rooming and Boarding Land Use;
  • Incorporation of the proposed High Occupancy Housing Development (HOHD) and Mixed-Use High Occupancy Housing Development (MHOHD) related land uses;
  • Incorporation of the maximum bedrooms per acre allowed for developments in the Non-Transect Zones, and additional allowances in the pedestrian shed of an activity center;
  • Incorporation of the maximum dwelling units per acre allowed for mixed-use developments in Commercial Zones without a Conditional Use Permit, and additional allowances in the pedestrian shed of an activity center;
  • Incorporation of a Conditional Use Permit requirement for a HOHD and MHOHD in the Transect Zones;
  • Incorporation of the HOHD and MHOHD use specific standards;
  • Incorporation of the Transit Pass Parking Reduction Pilot Program;
  • Incorporation and modifications to the parking requirements;
  • Incorporation of bicycle space requirements for a HOHD and MHOHD;
  • Incorporation of design requirements for bicycle racks, bins, and storage facilities; and
Summary of the Staff Revisions to the Zoning Code:
The proposed amendment includes:

1. Residential Zones (Section 10-40.30.030):
  • The following land uses have been added to Table 10-40.30.030.B.: High Occupancy Housing Development, Single-Family; High Occupancy Housing Development, Two-units; High Occupancy Housing Development, Three-units; and High Occupancy Housing Development, Four-units and Greater.
  • The Rooming and Boarding Facilities land use has been deleted from Table 10-40.30.030.B.
  • The gross density provisions of Table 10-40.30.030.C. have been updated to include provisions for the properties zoned with the Resource Protection Overlay in and outside of a pedestrian shed of an activity center.
  • Bedrooms per acre provisions have been added to Table 10-40.30.030.C. for multiple-family developments that have more than four dwelling units.
2. Commercial Zones (Section 10-40.30.040):
  • The following land uses have been added to Table 10-40.30.040.B.: High Occupancy Housing Development, Single-Family; High Occupancy Housing Development, Two-units; High Occupancy Housing Development, Three-units; High Occupancy Housing Development, Four-units and Greater; and Mixed-Use High Occupancy Housing Development.
  • The Rooming and Boarding Facilities land use has been deleted from Table 10-40.30.040.B.
  • The gross density provisions of Table 10-40.30.040.C. have been updated to include provisions for a HOHD and MHOHD in and outside of a pedestrian shed of an activity center.
  • Bedrooms per acre provisions have been added to Table 10-40.30.040.C. for multiple-family developments that have more than four dwelling units.
3. T3 Neighborhood I (T3N.1) Standards (10-40.40.050):
  • The following land use has been added to Table H.: High Occupancy Housing Development, Single-Family.
  • The Rooming and Boarding Facilities land use has been deleted from Table H.
4. T3 Neighborhood 2 (T3N.2) Standards (10-40.40.060):
  • The following land uses have been added to Table H.: High Occupancy Housing Development, Single-Family; High Occupancy Housing Development, Two-units; High Occupancy Housing Development, Three-units; and High Occupancy Housing Development, Four-units and Greater.
  • The Rooming and Boarding Facilities land use has been deleted from Table H.
5. T4 Neighborhood 1 (T4N.1) Standards (10-40.40.070):
  • The following land uses have been added to Table I.: High Occupancy Housing Development, Single-Family; High Occupancy Housing Development, Two-units; High Occupancy Housing Development, Three-units; and High Occupancy Housing Development, Four-units and Greater.
  • The Rooming and Boarding Facilities land use has been deleted from Table I.
6. T4 Neighborhood 2 (T4N.2) Standards (10-40.40.080):
  • The following land uses have been added to Table I.: High Occupancy Housing Development, Single-Family; High Occupancy Housing Development, Two-units; High Occupancy Housing Development, Three-units; and High Occupancy Housing Development, Four-units and Greater.
  • The Rooming and Boarding Facilities land use has been deleted from Table I.
7. T5 Main Street (T5) Standards (10-40.40.090):
  • The following land uses have been added to Table I.: High Occupancy Housing Development, Three-units; High Occupancy Housing Development, Four-units and Greater; and Mixed-Use High Occupancy Housing Development.
  • The Rooming and Boarding Facilities land use has been deleted from Table I.
8. T6 Downtown (T6) Standards (Section 10-40.40.100):
  • The following land uses have been added to Table H.: High Occupancy Housing Development, Three-units; High Occupancy Housing Development, Four-units and Greater; and Mixed-Use High Occupancy Housing Development.
  • The Rooming and Boarding Facilities land use has been deleted from Table H.
9. Specific to Uses (Division 10-40.60): Added Section 10-40.60.175, High Occupancy Housing Developments, and Mixed-Use High Occupancy Housing Developments.  This section includes the use of specific standards and regulations related to:
  • General Requirements;
  • Building Footprint Sizes and Separation Requirements;
  • Waste Management Plan;
  • Crime Free Multi-Housing Program; and
  • Additional Conditional Use Permit Criteria.
10. Mixed Use (10-40.60.260): Subsection D has been updated to remove the regulations that conflict with the proposed HOHD and MHOHD provisions.

11. Parking Standards (Division 10-50.80): Added Section 10-50.80.061, Transit Pass Parking Reduction Pilot Program, and related regulations.

12. Number of Motor Vehicle Parking Spaces Required (Section 10-50.80.040): Modified the existing parking requirements for single-family dwellings, added clarifications, and incorporated parking requirements for the HOHD and MHOHD.

13. Bicycle Parking (Section 10-50.80.050): Updated the existing requirements and added requirements for the HOHD and MHOHD, including design requirements.

14. Parking Adjustments (Section 10-50.80.060): Updated the existing requirements to include provisions for HOHDs and MHOHDs.  Also, the parking study requirements have been updated to include requirement clarifications and when a request for a parking reduction requires the City Council approval.

15. Parking Standards (Division 10-50.80): Incorporated a provision for a Transit Pass Parking Reduction Pilot Program for HOHDs and MHOHDs.

16. Parking Spaces, Parking Lot Design and Layout (Section 10-50.80.080): Updated the existing requirements to limit the use of tandem parking spaces to single-family attached and detached dwelling units and duplex developments in the Non-Transect Residential Zones.

17. Specific to Building Types (Division 10-50.110): The following sections have been modified to remove the allowance for tandem parking: 10-50.110.080, 10-50.110.090, 10-50.110.100, 10-50.110.110, and 10-50.110.120.

18. Definition of Specialized Terms, Phrases, and Building Functions (Division 10-80.20):
  • The following definitions have been added: High Occupancy Housing Development (HOHD); High Occupancy Housing Development, Single-Family; High Occupancy Housing Development, Two-units; High Occupancy Housing Development, Three-units; High Occupancy Housing Development, Four-units and Greater; Mixed-Use High Occupancy Housing Development (MHOHD); and Ratio, Bedroom-to-Dwelling Unit.
19. Flagstaff Zoning Code, Appendices (Title 10): Added Appendix 1.4 Bicycle Parking Space Design Requirements.  This appendix includes regulations and design requirements for bicycle parking spaces.

IV. Summary of August 25, 2020, City Council Work Session Direction and Modifications:
At the August 25, 2020, City Council Work Session meeting, the City Council requested the staff to revise the definitions of a Single-Family HOHD and Sanitation Facility.  In addition, a member of City Council requested the staff to look at the number of bedrooms in a Two- and Three-unit HOHD, and return with revised definitions and revised allowances.  Staff’s response to the City Council’s direction and related modifications are described below.
 
A.    Single-Family HOHD
 
The City Council requested the staff to revise the Single-Family HOHD definition to be based on a single-family dwelling containing seven bedrooms or more, or having five or more sanitation facilities.  To accommodate the Council’s request, the proposed draft has been updated to include the following definition of a Single-Family HOHD:
  • High Occupancy Housing Development, Single-Family: A single-family attached or detached dwelling unit with:
a.    Seven or more bedrooms; or 
b.    Five or more sanitation facilities.
 
B.    Sanitation Facility

The City Council requested the staff to revise the existing definition of a Sanitation Facility to be limited to a facility that is a three-quarter bathroom (toilet, sink, and a shower) or greater.  To accommodate the City Council request, the proposed modification to the definition includes two parts.  The first part defines a Sanitation Facility as a room containing a toilet, sink, and a shower or tub (the “fixtures”).   Since there are many configurations of a Sanitation Facility that are intended to function as a three-quarter bathroom or a full bathroom, it is necessary to address when the fixtures are not in the same room but are in close proximity.  The second part of the definition incorporates this consideration. 

The Sanitation Facility definition has been modified as follows:
  • Sanitation Facility: A delineated area for bathing that contains a toilet, sink, and a shower or tub. The fixtures (toilet, sink, and a shower or tub) may be located in a room or in close proximity that functions as a Sanitation Facility as determined by the Zoning Administrator.
The proposed definition and the associated figure are included in Section 28 of Attachment 1.
 
C.    Two- and Three-unit HOHDs
 
To accommodate the City Council’s modification to the definition of a Single-Family HOHD, additional changes are necessary to the proposed amendment to maintain the validity of the associated regulations.  The required changes include modifying the number of bedrooms that would be considered a Two-unit HOHD and incorporating a maximum number of bedrooms allowed in a Two- and Three-unit HOHD.
 
The definition of a Two-unit HOHD has been modified as follows:
  1. High Occupancy Housing Development, Two-units: A lot or parcel containing two dwelling units, excluding an Accessory Dwelling Unit, with:
a.    More than a total of seven bedrooms; or
b.    One or more dwelling unit(s) containing four or more sanitation facilities.
  1. To accommodate the modifications described in C.1., a maximum number of bedrooms allowed with a Two-unit HOHD Conditional Use Permit needs to be established.  This modification is necessary since the Bedroom-to-Dwelling Unit Ratio will not allow a Two-Unit HOHD with more than seven bedrooms.  In addition, an associated modification needs to be incorporated for a Three-unit HOHD.  Therefore, to accommodate a Two- and Three-unit HOHD and to provide for flexibility, the following is a summary of the provision that has been incorporated:
•    A two-unit HOHD shall have no more than 10 bedrooms, and a three-unit HOHD shall have no more than 12 bedrooms.
  1. Associated to the modification of number two above, the bedroom distribution requirements (proposed Section 10-40.60.175.A.3.) and the Bedroom-to-Dwelling Unit Ratio (proposed Section 10-40.60.175.A.4.) of Attachment 1 have been limited to developments containing four dwelling units or more.
D.    Bedroom-to-Sanitation Facility Ratio
 
In order to maintain consistency with the City Council’s modification to the Single-Family HOHD definition, and to simplify the proposed regulations, the HOHD and MHOHD definitions (Two-, Three-, and Four-units and Greater HOHDs and MHOHDs) have been revised to exclude the Bedroom-to-Sanitation Facility Ratio.   In place of the Bedroom-to-Sanitation Facility Ratio, a provision has been incorporated that requires a HOHD or MHOHD Conditional Use Permit if any dwelling unit contains four or more sanitation facilities.  To review the associated modifications to the definitions, please refer to Sections 25 and 26 of Attachment 1.

It should be noted that a single-family attached or detached dwelling unit that contains five or more sanitation facilities is required to obtain a Single-Family HOHD Conditional Use Permit.  Four or more sanitation facilities is used in the definitions of the Two-, Three-, and Four-units and Greater HOHDs and MHOHDs since these uses typically have fewer bedrooms than a single-family attached or detached dwelling unit.

V. Additional Modifications Incorporated:
The following modifications have been incorporated:
  1. A provision has been incorporated pertaining to the building footprint size and separation requirements of an HOHD or MHOHD.  The proposed standard is to provide clarification when a pedestrian shed of an activity center intersects with the area of a pedestrian shed of another activity center that has a different building footprint size and separation requirement. 
The proposed standard is:
  • Where the area of a pedestrian shed of an activity center intersects with the area of a pedestrian shed of another activity center, the pedestrian shed with the more restrictive maximum building footprint requirement shall govern the intersecting area. The locations of the pedestrian sheds of the activity centers are identified in the General Plan, including any applicable Specific Plans.
  1. A provision has been incorporated to allow the Police Department’s Crime Free Multi-Housing Program representative to exempt a unit from the Crime Free Multi-Housing Program.  The Crime Free Multi-Housing Program is a rental unit oriented program and does not address owner-occupied units.  Owner-occupied units are regulated under other nuisance oriented regulations.
  2. The requirement to provide typical floor plans or a typical residential unit study that illustrates how the residential units of a HOHD or MHOHD could be converted to a residential unit that is no longer a HOHD or MHOHD has been limited to development with four dwelling units or more. 
  3. The requirement to provide a Waste Management Plan has been limited to developments containing four dwelling units or more.
  4. The requirement to be located near a transit stop has been limited to developments containing four dwelling units or more.
VI. Summary of August 26, 2020, and September 23, 2020, Planning and Zoning Commission Work Session Comments:
At the August 26, 2020, Planning and Zoning Commission meeting, the members of the Planning and Zoning Commission had general and clarification questions for the staff.  The Commission did not have any suggested modifications to the proposed Zoning Code Text Amendment.

The Planning and Zoning Commission will be reviewing the above-referenced changes at the September 23, 2020, Planning and Zoning Commission Work Session meeting.  Staff will update the City Council with the Planning and Zoning Commission comments at the October 6, 2020, City Council meeting.


VII. Findings:
At a future City Council meeting, the City Council will be requested to make the required findings specified in the Zoning Code and adopt the proposed amendment.  For your reference and discussion purposes, the required findings are specified below.
  1. The proposed amendment is consistent with and conforms to the objectives and policies of the General Plan and any applicable specific plan;
  2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and
  3. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.
VIII. Community Involvement:
Public input was received at the public meetings held on August 19, 2019, February 13 and 14, 2020, and through the City’s online Community Forum (https://www.opentownhall.com/portals/227/Issue_7685) (Attachment 2). Also, work sessions with the Planning and Zoning Commission were held on August 14, 2019, and May 27, 2020, and with the City Council on October 8, 2019, and June 11, 2020. In addition, staff received several comments regarding HOH developments from the Southside stakeholders’ group that was formed to assist in the development of the proposed Southside specific plan. These meetings were held over the past year.

On August 25, 2020, the City Council held a work session on the proposed amendment. A summary of the public comments received are:
  • The proposed modifications are complicated, particularly for small and infill developments;
  • Revise the draft to be limited to the large HOH developments; and
  • The parking requirements for smaller developments make it difficult.
On August 26, 2020, the Planning and Zoning Commission held a work session. No public comments were provided at this meeting.

On September 23, 2020, the Planning and Zoning Commission will have a work session meeting to discuss the proposed amendment.  Staff will update the City Council with any public comments received at the October 6, 2020, City Council meeting.


Persons of interest on file with the Planning and Development Services section of the Community Development department were notified of the Planning and Zoning Commission work sessions via first class mail. Also, notification of the work session was published on the City’s Facebook web page and in the Arizona Daily Sun. 

IX. Timeline
The anticipated timeline for the amendment is as follows:
  • October 28, 2020 – Planning and Zoning Commission Public Hearing
  • November 3, 2020 – Potential City Council Public Hearing (1st Reading of Ordinance)
  • November 17, 2020 – Potential City Council Public Hearing (2nd Reading of Ordinance/Adoption)
X. Conclusion:
As indicated above, the purpose of the work session is for staff to present an overview of the proposed amendment to the Zoning Code and allow interested individuals, residents, and business owners to provide commentary.  In addition, the work session allows the City Council to ask questions, seek clarification, have discussions, and offer comments on the proposed amendment. No formal recommendation or action by the City Council is to occur at the work session.  Additional opportunities for discussion, public comment, and action by the City Council will occur at a future public hearing.
 

Attachments: 1. Draft Code
2. Public Comments
Staff Presentation
 
11.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Stacy Saltzburg, City Clerk
Date: 09/30/2020
Meeting Date: 10/06/2020

TITLE
Future Agenda Item Request (F.A.I.R.): A request by Councilmember Whelan to place on a future agenda a discussion about the current process for all Reclaim Water agreements/contracts and their renewals and discussion to change that process so that all agreements and their renewals become before the Water Commission and Council for approval.
STAFF RECOMMENDED ACTION:
Council direction.
EXECUTIVE SUMMARY:
Rule 4.01, Procedures for Preparation of Council Agendas, of the City of Flagstaff City Council Rules of Procedure outlines the process for bringing items forward to a future agenda. Councilmember Whelan has requested this item be placed on an agenda under Future Agenda Item Requests (F.A.I.R.) to determine if there are two other members of Council interested in placing it on a future agenda.
INFORMATION:

Attachments:
 
12.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Stacy Saltzburg, City Clerk
Date: 10/02/2020
Meeting Date: 10/06/2020

TITLE
City Manager Report
STAFF RECOMMENDED ACTION:
Information Only
EXECUTIVE SUMMARY:
These reports will be included in the City Council packet for regularly scheduled Council meetings, excluding Work Session meetings. The reports are intended to be informational, covering miscellaneous events and topics involving the City organization.
INFORMATION:

Attachments: City Manager Report
 
13.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Shannon Anderson, Deputy City Manager
Date: 10/02/2020
Meeting Date: 10/06/2020

TITLE
COVID-19 and Re-Entry Updates
STAFF RECOMMENDED ACTION:
Information and Possible Direction
EXECUTIVE SUMMARY:
City staff will present the most recent dashboards from Coconino County Health and Human Services, Arizona Department of Health Services, and Northern Arizona Healthcare to continue monitoring the transmission trends and capacity of the healthcare system.
INFORMATION:


 

Attachments: Presentation