CITY COUNCIL REGULAR MEETING AGENDA
 
REGULAR COUNCIL MEETING
TUESDAY

NOVEMBER 15, 2022
  COUNCIL CHAMBERS
211 WEST ASPEN AVENUE

3:00 P.M.


All City Council Meetings are live streamed on the city's website (https://www.flagstaff.az.gov/1461/Streaming-City-Council-Meetings)

***PUBLIC COMMENT***


Verbal public comments may be given through a virtual public comment platform or in-person

If you want to provide a verbal comment during the Council Meeting, use the link below to join the virtual public comment room.

VIRTUAL PUBLIC COMMENT WAITING ROOM
 

Written comments may be submitted to publiccomment@flagstaffaz.gov. All comments submitted via email will be considered written comments and will be documented into the record as such.

 
             
1.
CALL TO ORDER

NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION

Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for 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 through other technological means.
 
MAYOR DEASY
VICE MAYOR SWEET
COUNCILMEMBER ASLAN
COUNCILMEMBER HOUSE
 

COUNCILMEMBER MCCARTHY
COUNCILMEMBER SALAS
COUNCILMEMBER SHIMONI
 
 
3.
PLEDGE OF ALLEGIANCE, MISSION STATEMENT, AND LAND ACKNOWLEDGEMENT
 
MISSION STATEMENT
 
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.

LAND ACKNOWLEDGEMENT
 
The Flagstaff City Council humbly acknowledges the ancestral homelands of this area’s Indigenous nations and original stewards. These lands, still inhabited by Native descendants, border mountains sacred to Indigenous peoples. We honor them, their legacies, their traditions, and their continued contributions. We celebrate their past, present, and future generations who will forever know this place as home.
 
4. 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.

PROCLAMATIONS AND RECOGNITIONS

 
A. Proclamation: Veterans Brain Health Awareness Day
 
6. COUNCIL LIAISON REPORTS
 
7. APPOINTMENTS

Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1).
 
A.   Consideration of Appointments:  Heritage Preservation Commission.
 
  STAFF RECOMMENDED ACTION:
 
Make two PROFESSIONAL appointments to terms expiring December 2024.
Make two HISTORIC PROPERTY OWNER appointments to terms expiring December 2025.
Make one AT-LARGE appointment to a term expiring December 2025.
 
8.
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:  Professional Engineering Airport Planning Services Contract with Coffman and Associates for the Environmental Airside/Landside Documentation in the amount not to exceed $750,000.
 
  STAFF RECOMMENDED ACTION:
 
  1. Approve the Professional Planning Services Contract with Coffman & Associates for the Environmental Airside/Landside Documentation in the amount not to exceed $750,000 with a contract time of 365 calendar days; and
  2. Authorize the City Manager to execute the necessary documents.
 
B.   Consideration and Approval of a Cooperative Purchase Contract:  Approve the Cooperative Purchase Contract for a Vacuum Excavator in the amount of $99,184.06 from Empire Southwest, LLC on a National Intergovernmental Purchasing Alliance cooperative purchase agreement (Contract #161534-01).
 
  STAFF RECOMMENDED ACTION:
 
  1. Approve the Cooperative Purchase Contract for a Vacuum Excavator in the amount of $99,184.06 from Empire Southwest, LLC, on a National Intergovernmental Purchasing Alliance cooperative purchase agreement (Contract #161534-01); and  
  2. Authorize the City Manager to execute all necessary documents.
 
C.   Consideration and Approval of Contract:  Approve the Cooperative Purchase Contract with PFVT Motors, LLC DBA Peoria Ford for the purchase of One (1) 2022 Ford Expedition 4x4 in the amount of $57,139.93 through an Arizona State cooperative contract.
 
  STAFF RECOMMENDED ACTION:
 
  1. Approve the Cooperative Purchase Contract to PFVT Motors, LLC DBA Peoria Ford for the purchase of One (1) 2022 Ford Expedition 4x4 in the amount of $57,139.93 through an Arizona State cooperative contract; and
  2. Authorize the City Manager to execute all necessary documents.
 
9. ROUTINE ITEMS
 
A.   Consideration and Adoption of Resolution No. 2022-51 and Ordinance No. 2022-27:  A Resolution of the City Council of the City of Flagstaff, Coconino County, Arizona, declaring as a public record that certain document filed with the City Clerk entitled "PZ-19-00248 Updates to Zoning Code - Outdoor Lighting Standards" and an Ordinance of the City Council of the City of Flagstaff Coconino County, Arizona, amending the Flagstaff City Code, Title 10, Flagstaff Zoning Code, to modify the existing Outdoor Lighting Standards.
 
  STAFF RECOMMENDED ACTION:
 
1) Adopt Resolution No. 2022-51
2) Read Ordinance No. 2022-27 
3) City Clerk reads Ordinance No. 2022-27 by title only (if approved above)
4) Adopt Ordinance No. 2022-27
 
             
B.   Consideration and Adoption of Ordinance No. 2022-28: An Ordinance of the City Council of the City of Flagstaff, Coconino County, Arizona, amending the Flagstaff City Code, Title 10, Flagstaff Zoning Code, Section 10-90.40.030 Rural Floodplain Map, to change the map designation of approximately 7.76 acres of real property from Rural Floodplain to Urban Floodplain on eight parcels of land (APNs 101-01-020A, 101-01-020B, 101-28-005G, 101-28-005H, 101-28-005K, 101-28-013A, 101-28-013B, and 101-28-013D) located generally between W Forest Avenue and N San Francisco Street; providing for severability and establishing an effective date.
 
  STAFF RECOMMENDED ACTION:
 
1) Read Ordinance No. 2022-28 by title only for the final time
2) City Clerk reads Ordinance No. 2022-28 by title only (if approved above)
3) Adopt Ordinance No. 2022-28
 
C.   Consideration and Adoption of Ordinance No. 2022-30:  An ordinance amending City Code to align City Code and industrial discharge permits with the language in Environmental Protection Agency (EPA) 40, and Code of Federal Regulations (CFR) 403.
 
  STAFF RECOMMENDED ACTION:
 
1) Read Ordinance No. 2022-30 by title only for the final time
2) City Clerk reads Ordinance No. 2022-30 by title only (if approved above)
3) Adopt Ordinance No. 2022-30
 
D.   Consideration and Approval of Contract:  Approve Change Order No. 16 with Shephard Wesnitzer, Inc. in the amount of $151,200.00 and a 470 calendar day time extension for the Rio de Flag Flood Control Utility Relocation Design Services Contract.
 
  STAFF RECOMMENDED ACTION:
 
  1. Approve Change Order No. 16 with Shephard Wesnitzer, Inc. the amount of $151,200.00 and a 470 calendar day time extension for the Rio de Flag Flood Control Utility Relocation Design Services Contract; and
  2. Authorize the City Manager to execute the necessary documents.
 
10. PUBLIC HEARING ITEMS
 
A.   Consideration and Adoption of Ordinance No. 2022-32:   An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff City Code, Title 12, Floodplains, Chapter 12-02, Stormwater Management Utility, by amending Section 12-02-002-0003, Schedule of Stormwater Management Utility Service Charges and Fees; providing for repeal of conflicting ordinances, severability, penalties, authority for clerical corrections, and establishing an effective date
 
  STAFF RECOMMENDED ACTION:
 
At the November 15, 2022 Council Meeting:
1) Open the Public Hearing
2) Read Ordinance No. 2022-32 by title only for the first time
3) City Clerk reads Ordinance No. 2022-32 by title only (if approved above)
At the November 29, 2022 Council Meeting:
4) Continue the Public Hearing
6) Read Ordinance No. 2022-32 by title only for the final time
7) City Clerk reads Ordinance No. 2022-32 by title only (if approved above)
8) Adopt Ordinance No. 2022-32
 
11. REGULAR AGENDA
 
A.   Consideration and Adoption of Ordinance No. 2022-31:  An Ordinance of the City Council of the City of Flagstaff, abandoning approximately 5,237 square feet of public right-of-way at the northwest corner of Fountaine Street and Hoskins Avenue; providing for delegation of authority, repeal of conflicting ordinance, severability, and establishing an effective date
 
  STAFF RECOMMENDED ACTION:
 
At the November 15th, 2022 Council Meeting:
1) Read Ordinance No. 2022-31 by title only for the first time
2) City Clerk reads Ordinance No. 2022-31 by title only (if approved above)
At the December 6th, 2022 Council Meeting:
3) Read Ordinance No. 2022-31 by title only for the final time
4) City Clerk reads Ordinance No. 2022-31 by title only (if approved above)
5) Adopt Ordinance No. 2022-31
 
B.   Consideration and Adoption of Ordinance No. 2022-24:  an ordinance of the Flagstaff City Council authorizing the acquisition of real property interests for the Milton Road and University Avenue Right-of-Way Project; providing for delegation of authority, repeal of conflicting ordinances, severability, clerical corrections, and establishing an effective date
 
  STAFF RECOMMENDED ACTION:
 
At the November 15, 2022, Council Meeting:
1) Read Ordinance No. 2022-24 by title only for the first time
2) City Clerk reads Ordinance No. 2022-24 by title only (if approved above)
At the December 6, 2022, Council Meeting:
3) Read Ordinance No. 2022-24 by title only for the final time
4) City Clerk reads Ordinance No. 2022-24 by title only (if approved above)
5) Adopt Ordinance No. 2022-24
 
C.   Consideration and Adoption of Resolution No. 2022-54:  A resolution adopting the 2023 Revised Stormwater Credit Manual.
 
  STAFF RECOMMENDED ACTION:
 
1) Read Resolution No. 2022-54 by title only for the final time
2) City Clerk reads Resolution No. 2022-54 by title only (if approved above)
3) Adopt Resolution No. 2022-54
 
D.   Consideration and Adoption of Resolution No. 2022-53:  A resolution approving the Second Amendment to the Intergovernmental/Third-Party Agreement between the City of Flagstaff, Coconino County and Paw Placement of Northern Arizona dba High Country Humane for Animal Sheltering Services
 
  STAFF RECOMMENDED ACTION:
 
1) Read Resolution No. 2022-53 by title only
2) City Clerk reads Resolution No. 2022-53 by title only (if approved above)
3) Adopt Resolution No. 2022-53
 
             
E.   Consideration and Adoption of Resolution No. 2022-55:  A resolution of the City Council of the City of Flagstaff adopting the City Council Holiday Display Policy for the City of Flagstaff.
 
  STAFF RECOMMENDED ACTION:
 
1) Consider and Read Resolution No.2022-55 by title only
2) City Clerk reads Resolution No. 2022-55 by title only (if approved above)
3) Consider and adopt Resolution No.2022-55
 
12. DISCUSSION ITEMS
 
A.   Thorpe Park Annex Updated Concept
 
  STAFF RECOMMENDED ACTION:
 
On October 25, 2022, a robust conversation was held with City Council providing detailed direction and feedback bringing forward this updated concept of Thorpe Park Annex for future approval.  
 
B.   Discussion regarding adult use marijuana retail sales.
 
  STAFF RECOMMENDED ACTION:
 
Receive direction from Council regarding whether to allow adult use only marijuana retail sales to operate in Flagstaff.
 
13. FUTURE AGENDA ITEM REQUESTS

After discussion and upon agreement by three members of the Council, an item will be moved to a regularly-scheduled Council meeting.
 
A.   Future Agenda Item Request (F.A.I.R.): A Citizens' Petition to adopt Option 2 of the proposed culvert improvements at HWY 180 and Schultz Creek to complement the Schultz Creek detention basin and provide relief to flood-beleaguered and vulnerable neighborhoods and use available funds and strive for completion before the 2023 monsoon season to protect people and property
 
  STAFF RECOMMENDED ACTION:
 
Council direction. 
 
14. PUBLIC PARTICIPATION
 
15. INFORMATIONAL ITEMS TO/FROM MAYOR, COUNCIL, AND STAFF, AND FUTURE AGENDA ITEM REQUESTS
 
             
16. 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                                       , 2022.



__________________________________________
Stacy Saltzburg, MMC, City Clerk
                                            
 
7.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Stacy Fobar, Deputy City Clerk
Date: 11/07/2022
Meeting Date: 11/15/2022

TITLE:
Consideration of Appointments:  Heritage Preservation Commission.
STAFF RECOMMENDED ACTION:
Make two PROFESSIONAL appointments to terms expiring December 2024.
Make two HISTORIC PROPERTY OWNER appointments to terms expiring December 2025.
Make one AT-LARGE appointment to a term expiring December 2025.
Executive Summary:
The Heritage Preservation Commission consists of seven citizens serving three-year terms. Two positions represent historic owners, two positions represent the professional industry, and three positions are at-large seats. The Heritage Preservation Commission locates sites of historic interest in the City, advises the City Council on all matters relating to historic preservation, and reviews development projects in the downtown design review district.

There are two professional seats, two historic property owner seats, and one at-large seat available for appointment. The commission currently has six seats expired with two vacant seats, so staff has recommended moving this appointment forward to ensure the commission can continue to meet quorum. Historically, it has been difficult to get professional and historic property owner applications to the Heritage Preservation Commission due to the nature of the applicants needed to satisfy the mandates. Staff recommends appointing five seats at this time. It is important to fill vacancies on Boards and Commissions quickly so as to allow the Commission to continue meeting on a regular basis. Please note that professionals and historic property owners can be appointed to at-large seats. 

There are five applications on file for consideration by the Council, they are as follows:
  • Abbey Buckham – Professional - (new applicant)
  • Elizabeth Burcham – Professional - (new applicant)
  • Shelli Dea - Historic Property Owner - (current commissioner)
  • Caitlin Kelly – Historic Property Owner - (current commissioner)
  • Duffie Westheimer –Historic Property Owner - (new applicant)
In an effort to reduce exposure to personal information the applicant roster and applications will be submitted to the City Council separately.
 
COUNCIL APPOINTMENT ASSIGNMENT: Councilmember Aslan, Councilmember House, Councilmember Shimoni, Vice Mayor Sweet, and Councilmember Salas. 
Financial Impact:
These are voluntary positions and there is no budgetary impact to the City of Flagstaff.
Policy Impact:
 None
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
There is no Council goal that specifically addresses appointments to Boards and Commissions; however, boards and commissions 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 five Commissioners: By appointing five members at this time, the Heritage Preservation Commission will be able to meet quorum, allowing the group to meet and provide recommendations to the City Council.

2) Postpone the action to allow for further discussion or expand the list of candidates.
Background/History:
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.

The Heritage Preservation Commission consists of two historic property owners, two industry professionals, and three at-large members. It will be up to the Council to make the determination of whether an applicant is qualified for a particular seat.
Community Involvement:
INFORM: The vacancies are posted on the City's website and individual recruitment and mention of the opening by Commission members and City staff has occurred, informing others of this vacancy through word of mouth.

Attachments: HPC Authority
 
8.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Stacey Brechler-Knaggs, Grants, Contracts & Emergency Management Director
Co-Submitter: Brian Gall
Date: 11/07/2022
Meeting Date: 11/15/2022

TITLE:
Consideration and Approval of Contract:  Professional Engineering Airport Planning Services Contract with Coffman and Associates for the Environmental Airside/Landside Documentation in the amount not to exceed $750,000.
STAFF RECOMMENDED ACTION:
  1. Approve the Professional Planning Services Contract with Coffman & Associates for the Environmental Airside/Landside Documentation in the amount not to exceed $750,000 with a contract time of 365 calendar days; and
  2. Authorize the City Manager to execute the necessary documents.
Executive Summary:
Award of this Planning Services Contract ("Contract") will authorize the Airport Environmental Airside/Landside Documentation project to proceed.

The Contract  will provide environmental planning support to the Flagstaff Pulliam Airport under Arizona Department of Transportation (ADOT), Multi modal Planning Division, Aeronautics Group, Grant No. E2S1F 01E.

The Consultant will prepare environmental studies and state and federal environmental compliance documentation for upcoming airside and landside development projects.

The contract provides that the parties will mutually agree upon the scope of work, deliverables, schedule and cost for any study, plan, or task (“work”) requested by City.  The contract provides that the City Economic Vitality Director in consultation with the Airport Director, City Procurement and City Attorney’s office is delegated authority to approve the work, which may be processed like a task order and results in a contract amendment.  The contract further provides that Economic Vitality Director, after similar consultation, is delegated authority to approve changes in the contractor’s hourly rates as a contract amendment.
Financial Impact:
The ADOT Grant for $675,000 will cover 90% of the cost for the Environmental Documentation and the
City will cover the 10% match amount of $75,000, for a total project cost of $750,000. This project is
budgeted in account 221-07-222-6310-0-4208.
Policy Impact:
 
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Safe & Healthy Community
- Ensure the built environment is safe through the use of consistent standards, rules and regulations,
and land use practices.
- Promote physical health through providing recreation opportunities, parks, open space & multiple
transportation options.
Sustainable, Innovative Infrastructure
- Deliver outstanding services to residents through a healthy, well maintained infrastructure system.
- Provide effective management of and infrastructure for all modes of transportation.
- Provide effective management of and infrastructure for all modes of transportation.
Regional Plan
- Policy T.10.1. Maintain and expand Flagstaff Pulliam Airport as an important link to
the national air transportation system.
Has There Been Previous Council Decision on This:
City Council approved the grant agreement with ADOT on 10/19/2022
Options and Alternatives:
1. Approve the Contract with Coffman and Associates for professional planning services.
2. Do not approve the Contract with Coffman and Associates for professional planning services and
re-solicit for the services.  Non-approval  and resoliciting may jeopordize the grant funding.
 
Background/History:
The airport is looking to complete an Environmental Assessment for the airport to cover projects including
movement of Taxi lane Whiskey, purchase of land in the Runway Protection Zone and additional work
planned over the next 5 years. In addition, the planner could be utilized for other airport planning
documents such as updates on Airport Layout Plan, Sustainability Master Plan, Airport Master Plan,
Certification Manual, Airport Security Master Plan, Minimum Standards, Rules and Regulations, Safety
Management System, Airport Safety Plan, as well as Title VII Civil Rights Plan, Disadvantaged Business
Enterprise plans.
Key Considerations:
On March 15, 2022, Purchasing staff posted a Request for Statements of Qualifications (RSOQ 2022-61) for Professional Planning Services for Airport Environmental Documentation and Other Potential Future Projects. The RSOQ was posted on the PlanetBids electronic bidding website and advertised in the Arizona Daily Sun on March 20 and March 27, 2022.

The solicitation for the consultant resulted in one Statements of Qualification (SOQ) received by Purchasing staff on April 6, 2022. A Selection Committee of six members, including a licensed engineer, independently reviewed and evaluated the SOQs. Based upon the scoring of the written SOQ, the Selection Committee identified Coffman and Associates to be the most qualified Firm to perform the planning services for the Project.  City staff commenced negotiations for a final scope of work and fee proposal to be provided by Coffman and Associates. Final overall score of the firm is as follows:
Coffman and Associates: 605

 

Attachments: Exhibit A - Scope of Work
Exhibit B - Fee Schedule
Exhibit E - FAA and ADOT Grant Provisions
2022-61 Airport Planner Contract
 
8.B.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Patrick O'Connor, Water Services Specialist
Co-Submitter: Gregory Conlin
Date: 11/07/2022
Meeting Date: 11/15/2022

TITLE:
Consideration and Approval of a Cooperative Purchase Contract:  Approve the Cooperative Purchase Contract for a Vacuum Excavator in the amount of $99,184.06 from Empire Southwest, LLC on a National Intergovernmental Purchasing Alliance cooperative purchase agreement (Contract #161534-01).
STAFF RECOMMENDED ACTION:
  1. Approve the Cooperative Purchase Contract for a Vacuum Excavator in the amount of $99,184.06 from Empire Southwest, LLC, on a National Intergovernmental Purchasing Alliance cooperative purchase agreement (Contract #161534-01); and  
  2. Authorize the City Manager to execute all necessary documents.
Executive Summary:
The Water Services Division, Water Distribution Section is proposing to replace their one and only, 2008 Pacific-Tek PV220 vacuum excavator trailer unit. This existing unit, for its heavy use, is undersized in both the power of the 2-cycle engine as well as the debris body in its holding capacity. Repair parts for this unit are becoming obsolete and preventing the Fleet Division from being able to make repairs when needed. This Vacuum Excavator ensures a safer excavation of and around, underground utilities by using a large vacuum system vs. the traditional means of excavating with heavy mechanical equipment. Not only is the Vacuum Excavator safer for the utility itself, but for the staff operating the equipment as well. Staff currently relies on the Wastewater and Stormwater Collection's hydro-vac units to assist on larger excavations when necessary. Approving the Cooperative Purchase Contract of the new Vacuum Excavator would allow Water Distribution to become more independent and more efficient in complete their daily tasks. The Vacuum Excavator is safer, more powerful, efficient and equipped with a modern Tier 4 diesel engine.  

This purchase, the replacement of an existing unit in the fleet, was reviewed and approved by the City of Flagstaff's Fleet Management Committee.
Financial Impact:
The Water Services Division - Water Distribution Section, has budgeted funding in Fiscal Year 2023 of $100,000 for the purchase of the Vacuum Excavator in account #202-08-303-1052-0-4401.
Policy Impact:
N/A
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
  • Enhance the organization's fiscal stability & increase efficiency & effectiveness.
  • Be an employer of choice through inclusive recruitment & by providing employees with the necessary tools, training, support & compensation.
  • Deliver outstanding services to residents through a healthy, well maintained infrastructure system. 
Carbon Neutrality Plan
  • MM-2:  Encourage sustainable consumption.
  • CR-1:  Ensure all mitigation actions improve Flagstaff's ability to adapt to the future.
Regional Plan
  • Policy WR.2.3.  Develop programs to minimize lost and unaccounted for water to acceptable levels.
  • Policy WR.4.2.  Maintain, at the City level, a financially stable utility to provide reliable, high quality utility services.
Has There Been Previous Council Decision on This:
N/A
Background/History:
The City will be utilizing the National Intergovernmental Purchasing Alliance cooperative purchase agreement Contract #161534-01) with the City of Tucson to insure the best pricing for this product. Purchasing staff reviewed the agency cooperative contract to confirm it is relevant to the procurement and is currently active.

Attachments: COF contract 2023-39
Exhibit A - Quote
Unit being replaced
Unit proposed to purchase
Unit proposed to purchase
Exhibit B - Agency Contract
Exhibit B - COT Contract Extension
 
8.C.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Gregory Conlin, Public Works Manager - Fleet Services
Co-Submitter: Mark Wilson
Date: 11/07/2022
Meeting Date: 11/15/2022

TITLE:
Consideration and Approval of Contract:  Approve the Cooperative Purchase Contract with PFVT Motors, LLC DBA Peoria Ford for the purchase of One (1) 2022 Ford Expedition 4x4 in the amount of $57,139.93 through an Arizona State cooperative contract.
STAFF RECOMMENDED ACTION:
  1. Approve the Cooperative Purchase Contract to PFVT Motors, LLC DBA Peoria Ford for the purchase of One (1) 2022 Ford Expedition 4x4 in the amount of $57,139.93 through an Arizona State cooperative contract; and
  2. Authorize the City Manager to execute all necessary documents.
Executive Summary:
The Flagstaff Fire Department (FFD) is looking to purchase a 2022 Ford Expedition 4x4 for assignment to a Battalion Chief position. FFD plans to rotate a 2000 Ford Expedition out of frontline service which currently has 149,115 miles on it. The new vehicle will be used in support of City Fire suppression operations and on assignment for out of district fire operations and training. 

The old 2000 Ford Expedition was approved for re-assignment as a backup by the Fleet Management, Budget Committee and  through the City Council fiscal 2020-2021 budget. FFD elected to wait in hopes that a full-size SUV EV or Hybrid full size vehicle would become available. To date, no domestic manufacturer has announced any plans to make a vehicle in this class in an alternate fueled platform, at least through 2025. The old Ford Expedition is now 22 years old and approaching 150,000 miles.
FFD and Fleet Services compared the cargo areas of both the Expedition and Explorer Utility Hybrid and found the Utility Hybrid, when loaded with most of the required equipment for its intended duty mission, that the rear visibility was severely impaired. The Explorer Utility Hybrid comes with 47.9 cubic feet behind the second row. The 2022 Ford Expedition 4x4 comes with 63.6 cubic feet of cargo area behind its second row. The height of the vehicle is also a critical difference where the 2022 Ford Expedition 4x4 allows for the necessary rear view visibility.

In consideration of the City Council's climate goals, FFD and Fleet Services chose to purchase the standard six (6) cylinder, 3.5 L Eco-boost engine over the optional eight (8) cylinder or diesel engine.
Financial Impact:
FFD has budgeted funding for this vehicle in Fiscal Year 2022-2023 for the purchase of F2010's replacement in the amount of $57,139.93

Most of these dollars have been carried forward from two (2) prior fiscal years in hopes that there would be an alternate fueled vehicle that would meet the service requirements. Unfortunately, FFD must act now in order to supply the required personnel with reliable and effective equipment. This purchase will be paid fully from account  001-03-051-0203-2-4401.
Policy Impact:
None.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
  • Serve the public by providing high quality customer service
  • Provide public safety services with resources, staff & training responsive to the community's needs. 
Carbon Neutrality Plan
DD-6: Proactively invest to protect Flagstaff's clean air status. Choosing a 3.5L Ecoboost  6 cylinder engine over a larger gas or diesel engine. 

Regional Plan
Policy E.2.I. Promote renewable energy sources that reduce demand upon fossil fuels and other forms of generation that produce waste. 
Policy PF.3.I 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:
No.
Background/History:
The State of Arizona, Procurement Department, Public Sector conducted a competitive and open procurement process through Request for Proposal Solicitation No. BPM004157 that resulted in Contract No. CTR059322 with PFVT Motors, Inc. DBA Peoria Ford. The City of Flagstaff Procurement department utilized this cooperative purchase contract to obtain the best pricing for the 2022 Ford Expedition 4x4. 

Attachments: Cooperative Purchase Contract
Exhibit A - Quote
Exhibit B - Agency Contract
Exhibit B - Award Letter
Exhibit B - Pricing
Cargo Specification Comparison
 
9.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Tiffany Antol, Senior Planner
Date: 11/07/2022
Meeting Date: 11/15/2022

TITLE:
Consideration and Adoption of Resolution No. 2022-51 and Ordinance No. 2022-27:  A Resolution of the City Council of the City of Flagstaff, Coconino County, Arizona, declaring as a public record that certain document filed with the City Clerk entitled "PZ-19-00248 Updates to Zoning Code - Outdoor Lighting Standards" and an Ordinance of the City Council of the City of Flagstaff Coconino County, Arizona, amending the Flagstaff City Code, Title 10, Flagstaff Zoning Code, to modify the existing Outdoor Lighting Standards.
STAFF RECOMMENDED ACTION:
1) Adopt Resolution No. 2022-51
2) Read Ordinance No. 2022-27 
3) City Clerk reads Ordinance No. 2022-27 by title only (if approved above)
4) Adopt Ordinance No. 2022-27
Executive Summary:
The purpose of Division 10-50.70: Outdoor Lighting Standards is to help assure that dark skies remain a resource to be enjoyed by the Flagstaff community and its visitors, minimize light pollution and light trespass across property lines, maintain an environment that the City’s astronomical industry depends upon, reduce energy consumptions, minimize the potential disruption to nocturnal ecosystems, and to allow safe and efficient outdoor lighting. The City was recognized as the world’s first International Dark Sky City on October 24, 2001, for its pioneering development and implementation of lighting codes that balance the need to preserve Flagstaff’s dark sky resource with the need for safe outdoor lighting practices. 

In 2019, a Joint Land Use Study (JLUS) was completed for Coconino County.  The JLUS is a cooperative land use planning effort between local governments and military installations.  Its goal is to ensure the lasting compatibility of military installations and their nearby communities.  There are two U.S. Naval Observatory Sites in the Flagstaff region which rely on dark sky conditions to conduct their missions. The JLUS contains specific implementation strategies for the City of Flagstaff.  These strategies focus on updating the Zoning Code to remove Lighting Zone 3 as well as modernize measurement of absolute lumens to account for the increasing use of Light Emitting Diode (LED) lighting.  A working group was formed in late 2019 to begin working on revisions to the Outdoor Lighting Standards as suggested by the JLUS.
Financial Impact:
There are no anticipated financial impact affiliated with the proposed Zoning Code Text Amendment.
Policy Impact:
There are no anticipated policy impacts affiliated with the proposed Zoning Code Text Amendment.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Implement innovative local government programs, new ideas, & best practices; be recognized as a model for others to follow.
Achieve a well-maintained community through comprehensive & equitable code compliance & development that is compatible with community values.

Carbon Neutrality Plan
Ensure all mitigation actions improve Flagstaff's ability to adapt to the future.

Regional Plan
Staff's analysis of the Regional Plan's goals and policies is included below under Key Considerations under the Zoning Code Text Amendment Criteria heading, Finding #1 of this report.  
Has There Been Previous Council Decision on This:
There has not been a previous City Council decision on this ordinance.
Options and Alternatives:
The City Council may adopt, modify, or deny the proposed amendment.
Background/History:
The proposed amendment (Attachment 1) includes multiple changes to the Zoning Code.  New provisions are being added, and several existing regulations are being deleted or modified.  The most significant of the modifications include:
  • Removing Lighting Zone 3;
  • Modifying standards to accommodate LED light sources;
  • Adjusting allowed lumens to accommodate LED light sources;
  • Modifying the definition for Narrow Spectrum Amber LED (NSLED).
The proposed amendment includes:
     
Purpose (Section 10-50.70.010):
  • The purpose has been updated and shortened to focus on the primary intent of the standards.
Compliance with the Zoning Code and Permit Requirements (Section 10-50.70.020):
  • This section has been completely revised to provide detailed language about permitting requirements.
Applicability (10-50.70.030):
  • The requirements in this section have been streamlined and reorganized with minimal substantive change 
Establishment of Lighting Zones (10-50.70.040):
  • The primary change is converting three lighting zones to two lighting zones as well as providing written descriptions of the lighting zones instead of relying solely on the Lighting Zone map.
General Requirements – All Lighting Zones (10-50.70.050)
  • The requirements in this section have been streamlined and reorganized with minimal substantive changes.
  • The Maximum Total Outdoor Light Output Standards has been replaced and updated to include the absolute lumens for LEDs.  The previous table included a footnote with a multiplier to be used for LEDs.  That footnote is removed, and the total lumens are adjusted based on that multiplier since most lights used today are LED.
  • The Shielding Standards table is replaced to reflect current table design in the rest of the code and to remove Lighting Zone 3.
  • The remainder of modifications fall under the first bullet.       
Special Uses (10-50.70.060)
  • Added new provisions for building lights located under canopies, building overhangs, and roof eaves. Includes stricter provisions for non-building mounted lights in Lighting Zone 1.
Exceptions (10-50-70.080)
  • Made minor changes to the airport lighting section. Specifically, that this provision does not apply to private helipads or landing strips.
  • Clarified holiday lighting.
Residential Exemptions (10-20.60.040)
  • This section clarifies that when a legal nonconforming residence is rebuilt it must still comply with these standards.
Definitions “F” (10-80.20.060):
  • Correction made to existing definition.
Definitions “L” (10-80.20.120):
  • Revises the definition of Narrow Spectrum Amber LED (NSLED) to have a peak wavelength between 589 and 595 nanometers.    
Definitions “O” (10-80.20.150):
  • Replaces the definition of Total Outdoor Light Output
Key Considerations:
An application for a Zoning Text Amendment shall be submitted to the Planning Director and shall be reviewed and a recommendation prepared.  The Planning Director’s recommendation shall be transmitted to the Planning and Zoning Commission in the form of a staff report prior to a scheduled public hearing.  The recommendation shall include: an evaluation of the consistency and conformance of the proposed amendment with the goals and policies of the General Plan and any applicable specific plans; the grounds for the recommendation based on the standards and purposes of the zones set forth in Section 10-40.20 (Establishment of Zones) of the Zoning Code; and whether the amendment should be granted or denied. 
 
 A Zoning Code Text Amendment shall be evaluated based on the following findings:

A.  Finding #1:  The proposed amendment is consistent with and conforms to the objectives and policies of the General Plan and any applicable specific plan.
The Regional Plan analysis supports the proposed Zoning Code Text Amendment as part of the required findings. The Regional Plan has 97 goals and over 508 policies, which sometimes conflict or are given different weight in decision-making. The applicable policies are analyzed by chapter below.Conflicting goals and policies are found in Chapter VII – Energy, which supports energy efficiency. NSLEDs are less energy efficient than full spectrum LEDs.

Chapter IV - Environmental Planning & Conservation
  • Goal E&C.5. Preserve dark skies as an unspoiled natural resource, basis for an important economic sector, and core element of community character.
  • Policy E&C.5.1 Evaluate the impacts of the retention of dark skies regarding lighting infrastructure and regulatory changes, land use decisions or changes, and proposed transportation developments within the region. 
Chapter VII - Energy
  • Goal E.1. Increase energy efficiency.
  • Policy E.1.4. Promote cost-effective, energy-efficient technologies and design in all new and retrofit buildings for residential, commercial, and industrial projects.
Chapter XIV - Economic Development
  • Policy ED.7.1. Support planning, design, and development that positively, creatively, and flexibly contribute to the community image.
Chapter VIII – Community Character
  • Goal CC.1. Reflect and respect the regions’ natural setting and dramatic views in the built environment.
  • Policy CC.1.1. Preserve the natural character of the region through planning and design to maintain views of significant landmarks, sloping landforms, rock outcroppings, water courses, floodplains, and meadows and conserve stands of ponderosa pine.
Chapter XIV - Economic Development
  • Policy ED.7.1. Support planning, design, and development that positively, creatively, and flexibly contribute to the community image.
There is a very specific portion of the Regional Plan that supports the preservation of dark skies in Flagstaff.  Dark skies have been a priority for Flagstaff for over three decades with the adoption of the first Outdoor Lighting Standards in the 1990s.  This code amendment reflects recent planning efforts to preserve astronomical facilities in the Flagstaff region.  While the preferred light source (NSLEDs) is less energy efficient than the full spectrum LEDs, the environment, social, and economic benefits are so great that in this instance they are supported over the very important goal of energy efficiency.
 
B.  Finding #2: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
The proposed amendment is not anticipated to be detrimental to the public interest, health, safety, convenience, or welfare of the City.  

C.  Finding #3:The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.
The proposed amendment revises the entire Outdoor Lighting Standards Division of the Zoning Code.  In addition, definitions, associated maps, signage, and legal nonconforming standards have been updated to coordinate with the rewrite of this division.
Community Involvement:
Staff completed the following efforts to reach out for public input on the proposed amendment prior to scheduling work sessions or public hearings:
  • Direct contact with known electrical and lighting contractors was made via email to solicit feedback on the proposed amendment.
  • Notice about the proposed amendment was added to all water bills during the month of July.
  • Staff had an article about the proposed amendment published in the Flagstaff Business News, July 2022 edition.
  • A direct mailing to all commercial property owners in Lighting Zone 3 (approximately 600 owners) with notice of the proposed amendment and invitation to an Open House to discuss the amendment.
  • Staff held an Open House meeting on August 4, 2022, at 5:30 p.m. at the Flagstaff Public Library (Downtown) to discuss the amendment.  One member of the public attended the open house.
As of the preparation of this report, staff has not received any comments from the public.

Attachments: Application
Res. 2022-51
Exhibit A
Ord. 2022-27
Public Participation Plan
Presentation
 
9.B.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Tiffany Antol, Senior Planner
Date: 11/07/2022
Meeting Date: 11/15/2022

TITLE:
Consideration and Adoption of Ordinance No. 2022-28: An Ordinance of the City Council of the City of Flagstaff, Coconino County, Arizona, amending the Flagstaff City Code, Title 10, Flagstaff Zoning Code, Section 10-90.40.030 Rural Floodplain Map, to change the map designation of approximately 7.76 acres of real property from Rural Floodplain to Urban Floodplain on eight parcels of land (APNs 101-01-020A, 101-01-020B, 101-28-005G, 101-28-005H, 101-28-005K, 101-28-013A, 101-28-013B, and 101-28-013D) located generally between W Forest Avenue and N San Francisco Street; providing for severability and establishing an effective date.
STAFF RECOMMENDED ACTION:
1) Read Ordinance No. 2022-28 by title only for the final time
2) City Clerk reads Ordinance No. 2022-28 by title only (if approved above)
3) Adopt Ordinance No. 2022-28
Executive Summary:
This request is for a Zoning Code Text Amendment to amend Section 10-90.40.030 of the Zoning Code, the Rural Floodplain Map, to change the map designation of approximately 7.76 acres from Rural Floodplain to Urban Floodplain on eight parcels of land (APNs 101-01-020A, 101-01-020B, 101-28-005G, 101-28-005H, 101-28-005K, 101-28-013A, 101-28-013B, and 101-28-013D) located generally between W Forest Avenue and N San Francisco Street.
Financial Impact:
There are no anticipated financial impacts affiliated with the proposed Zoning Code Text Amendment.
Policy Impact:
There are no anticipated policy impacts affiliated with the proposed Zoning Code Text Amendment.

 
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Promote, protect & enhance a healthy, sustainable environment & its natural resources.
Ensure the built environment is safe through the use of consistent standards, rules & regulations, & land use practices.

Carbon Neutrality Plan
Ensure all mitigation actions improve Flagstaff's ability to adapt to the future.
 
Regional Plan
Staff's analysis of the Regional Plan's goals and policies is included below under Key Considerations under the Zoning Code Text Amendment Criteria hearing, Finding #1 of this report.
Has There Been Previous Council Decision on This:
There has not been a previous City Council decision on this ordinance.
Options and Alternatives:
The City Council may adopt, modify, or deny the proposed amendment.
Background/History:
The Zoning Code includes a Resource Protection Overlay (RPO) that was originally adopted in June 1999 and applied to vacant parcels greater than five acres at the time of adoption.  The purpose of the RPO is to provide standards for the protection of natural resources, including floodplains, steep slopes, and forest.  The requirements are meant to ensure that proposed development is consistent with the character of its natural surroundings.  Floodplains (both Rural and Urban) are the highest priority resource to be protected on a site.  Floodplains are categorized as either urban or rural based on the descriptions below.

1.  Urban Floodplains. All watercourses and associated floodplains not defined as rural floodplains are urban floodplains. Urban floodplains are typically located in urbanized areas and have typically been altered from their natural state by channelization. Urban floodplains may be altered to address conveyance and erosion concerns, provided that all necessary requirements of the City’s Stormwater Regulations as administered by the Stormwater Manager are addressed. However, certain urban floodplains that have characteristics conducive to water quality, wildlife habitat, and stream ecology should be preserved. Proposals for any disturbance of these watercourses shall be reviewed by the Stormwater Manager and must address these attributes and provide for mitigation if necessary. Undergrounding of urban floodplains is strongly discouraged, and a justification must be provided prior to any approval of undergrounding.

2.  Rural Floodplains. Rural floodplains are natural undisturbed open spaces that are unsuitable for development purposes due to periodic flood inundation and the need to preserve the stream corridor for beneficial uses such as the preservation of important ecological resources. Rural floodplains are delineated in Section 10-90.40.030, Rural Floodplain Map, and defined as areas of delineated 100-year floodplain that cannot be disturbed or developed except for roadway and utility crossings. Rural floodplains cannot be altered through a floodplain map amendment or revision and must remain undisturbed (i.e., 100 percent protection). The extension of rural floodplains beyond the limits of the delineated floodplains, both upstream and laterally, may be required based on more current or extended floodplain studies, master plan documents or other studies or documents related to hydrology, hydraulics, stream geomorphology, wildlife habitat, or wildlife corridors.

The proposed amendment is to change the map designation of approximately 7.76 acres from Rural Floodplain to Urban Floodplain.  The applicant’s request is specific to their parcel APN 101-28-005H.  The Rural Floodplain encumbers approximately 1.96 acres of the applicant’s 3.35-acre parcel.  The applicant contends that the existing floodplain has been altered by adjacent development making the Rural Floodplain designation incongruent with the description provided in the Zoning Code.  The applicant states that the correct designation is Urban Floodplain.  The applicant is only requesting this designation be changed on their property.  Staff believes that if the adjacent floodplain areas have been altered as is described in this application, they also no longer meet the description of Rural Floodplain and have included these areas as part of the Zoning Code Text Amendment.

This area of Rural Floodplain is bounded on the north by W Forest Avenue.  The floodplain bisects two parcels of land owned by Northern Arizona Healthcare (NAH).  The floodplain is primarily located on land owned by the City of Flagstaff running in between the NAH properties, however, portions of the floodplain still overlap one of the parcels owned by NAH.  As the floodplain moves further south it encumbers another parcel owned by NAH.  NAH has provided written support to join this application (see attachment).  Beyond the NAH parcels is a parcel that is occupied by the Flagstaff YMCA.  A portion of this parcel (most of which is encumbered by the floodplain) has been dedicated to the City of Flagstaff as right-of-way.  The applicant’s parcel is directly south of the YMCA and the City right-of-way.  There are two additional vacant properties (owner has also submitted a letter to be included in this application) and the Northland Hospice site at the southern extent of this floodplain. 

The applicant states as part of their concept plan narrative that the project site is challenging due to constraints across the entire parcel including man-made slopes from the Switzer Canyon Road fill slope as well as moderate to dense tree coverage and 1.96 acres of the total site are within the Rural Floodplain.  This leaves approximately 1.39 acres to hit a minimum density of 34 units.  The applicant’s property is currently zoned High Density Residential and is located within the RPO.  The minimum density required is 10 units per acre (3.35 x 10 = 33.5 or 34 units).  The maximum density allowed for a parcel outside of an activity center and within the RPO is 22 units per acre (3.35 x 22 = 73.7 or 74 units).  The applicant is proposing to develop approximately 0.36 acres of the designated Flood Fringe (within the 100-year floodplain outside of the floodway) leaving the remaining 1.37 acres as undisturbed open space.  Residential development within the 100-year floodplain is required to be constructed so that the finished floor of livable space is a minimum of one foot above the 100-year floodplain as determined by the FEMA flood maps.  The applicant’s proposed residential design includes two floors of livable space above a bottom floor garage which would assist with these elevation requirements.
             
Existing and potential development on the surrounding parcels based on existing zoning includes the following:
  • APN 101-01-020A – Owned by Northern Arizona Healthcare (NAH), zoned Highway Commercial (HC), currently vacant; this site could allow either commercial or residential development.  This zoning category allows one of the highest density and intensity of development. 
  • APN 101-28-005G – Owned by NAH, zoned High Density Residential (HR), currently vacant, 4.86 acres; could be developed with 107 residential units or medical offices with a conditional use permit.
  • APN 101-28-005K – Owned by Valley of the Sun Young Men’s Christian Association; has been developed with the current Flagstaff YMCA facility.
  • APN 101-28-013A – Owned by Testan Properties LLC, zoned Single-Family Residential (R1), currently vacant, .72 acres; could have four residential units.
  • APN 101-28-013B – Owned by Testan Properties LLC, zoned Single-Family Residential (R1), currently vacant, .71 acres; could have four residential units.
  • APN 101-28-013D – Owned by Northland Hospice, zoned Single-Family Residential (R1), currently developed with Northland Hospice facilities. 
Key Considerations:
An application for a Zoning Text Amendment shall be submitted to the Planning Director and shall be reviewed and a recommendation prepared.  The Planning Director’s recommendation shall be transmitted to the Planning and Zoning Commission in the form of a staff report prior to a scheduled public hearing.  The recommendation shall include: an evaluation of the consistency and conformance of the proposed amendment with the goals and policies of the General Plan and any applicable specific plans; the grounds for the recommendation based on the standards and purposes of the zones set forth in Section 10-40.20 (Establishment of Zones) of the Zoning Code; and whether the amendment should be granted or denied. 

A Zoning Code Text Amendment shall be evaluated based on the following findings:

A.  Finding #1:The proposed amendment is consistent with and conforms to the objectives and policies of the General Plan and any applicable specific plan.

The proposed amendment is to resolve a conflict in the Rural Floodplain Map.  The existing Switzer Wash within the subject area has been significantly altered through various development projects over time and no longer meets the intent and purpose of the Rural Floodplain.  This amendment will change the designation from Rural Floodplain to Urban Floodplain.  The Regional Plan does not specifically address Rural versus Urban Floodplain as described in the Zoning Code.

Floodplains in general are considered environmentally sensitive lands which are covered in the Regional Plan on page IV-16.  The plan states, “These areas contain critical resources and require special consideration in the development design and review process.”  The following goals and policies apply to this application:

Goal E&C.7 Give special consideration to environmentally sensitive lands in the development and review process.
  • Policy E&C.7.1. Design development proposals and other land management activities to minimize the alteration of natural landforms and maximize conservation of distinctive natural features.
  • Policy E&C.7.2. Favor the use of available mechanisms at the City and County level for the preservation of environmentally sensitive lands, including but not limited to public acquisition, conservation easements, transfer of development rights, or clustered development with open space designations.
Development in Floodplains is regulated by Title 12 of the Flagstaff City Code entitled Floodplains, which is managed through our Stormwater Program as part of the Water Services Division.  No new structure or development is permitted to be constructed without full compliance with these regulations.  Development standards in the flood fringe include proper anchoring (if necessary), flood resistant materials and construction methods, and elevation and flood proofing requirements. If the applicant’s proposed development moves forward, they will be required to comply with all portions of these standards which are intended to protect the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions. The applicant’s development proposal is also in alignment with the above referenced policies as they attempt to avoid most of the floodplain by clustering the development outside the Flood Fringe.  This causes an additional burden on the applicant with the remainder of this site outside the Flood Fringe impacted by slopes and forest resources.

The Environmental Planning & Conservation Chapter of the Regional Plan includes two maps that help identify concentration of natural resources in Flagstaff.  Map 7: Significant Natural Resource: Wildlife, Vegetation, Hydrology and Geology identifies the subject areas as a potential site for Riparian Vegetation.  A visit to this site shows only Ponderosa Pine and native grasses and typical riparian vegetation.  Map 8: Concentration of Natural Resources shows the subject area in the moderate range of resource concentration without further indication of the resource identified in this area.  The area is not identified as a Watchable Wildlife Area.  Both maps include notes that the indication of natural resources does not preclude private development entitlements.

Other provisions of the Regional Plan that apply to this application are found in the Stormwater and Watershed Management section covered on page VI-14.  This section identifies that watercourse preservation and restoration is a critical and necessary part of stormwater and watershed management.  The following goals and policies apply to this application:
 
Goal WR.5. Manage watersheds and stormwater to address flooding concerns, water quality, environmental protections, and rainwater harvesting.
  • Policy WR.5.1. Preserve and restore existing natural watercourse corridors, including the 100-year floodplain, escarpments, wildlife corridors, natural vegetation, and other natural features using methods that result in a clear legal obligation to preserve corridors in perpetuity, where feasible.
  • Policy WR.5.3. Identify downstream impacts as the result of development and provide for mitigation measures to address impacts.  When possible, mitigations should be non-structural in nature.
If this floodplain’s watershed were impacted by fire in the future increasingly the likelihood of flooding in the area, beyond what has already been identified, the City would be limited in managing this floodplain area because of the Rural Floodplain designation.  Staff believes the best possible result for this area would be to see the existing floodplain restored and preserved.  The possibility of making that a reality due to land ownership, parcel configuration, and existing development is limited.  Lastly, any new construction will be required to comply with existing Floodplain regulations that would address the issues with downstream impacts.

The proposed amendment can be found consistent and conforms to the objectives and policies of the Regional Plan.  There are no specific plans that cover this area.

B.  Finding #2: The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City.

The proposed amendment is not anticipated to be detrimental to the public interest, health, safety, convenience, or welfare of the City.  This amendment will resolve a conflict in the Rural Floodplain Map.

C.  Finding #3: The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

The current indicated area is inconsistent with the description of Rural Floodplains. Rural floodplains are described as “…natural undisturbed open spaces that are unsuitable for development purposes due to periodic flood inundation and the need to preserve the stream corridor for beneficial uses such as the preservation of important ecological resources.” The Zoning Code describes the Urban Floodplain as watercourses “…in urbanized areas [that] have typically been altered from their natural state by channelization.” The applicant has provided a biological evaluation of the Switzer Wash in the subject area prepared by Natural Channel Design, Inc. in 2003. The report states the following: “The primary limiting factors to the biological and physical functions of Switzer Creek are direct manipulations of the channel and floodplain during past construction of surrounding roads, utility pipelines, and other infrastructure.  In several places the channel and floodplain have been significantly narrowed and/or completely realigned.  Large rock has been added to the banks and channel presumably to minimize erosion.  Extensive spoil piles limit access to the active floodplain.  Steep road embankments contribute to increases sediment supplies.  Channel realignments have pushed the channel into dense thickets of Ponderosa pine.  The cumulative impact of these modifications limits the function of the riparian system.” The proposed amendments enhance the Zoning Code’s internal consistency by resolving a conflict on the Rural Floodplain Map pertaining to the subject property.
Community Involvement:
In accordance with State Statute and the Zoning Code, the Planning and Zoning Commission work session and public hearing for this amendment was advertised in the Arizona Daily Sun on September 10, 2022. Also, persons of interest that are on file with the Planning and Development Services Section were notified of the work sessions and hearings via first class mail.  The applicant also held a neighborhood meeting inviting all property owners within 300 feet.  The meeting was held on August 25th from 10:00 a.m. to noon on the parcel.  Approximately 24 members of the public attended the meeting but only 11 attendees signed in.  Concerns presented included the following:
  • Concerns that a change from Rural to Urban would open the possibility of further channelization of water through the area and prevent it from soaking into the water table that provides our drinking water. 
  • Concerns that a change from Rural to Urban would create flooding concerns for businesses and residencies downstream from the location. 
  • Concerns that a change from Rural to Urban would impact wildlife that uses the area as a corridor. 
Staff was contacted by several community members requesting additional information about the application.  As of the preparation of this report, staff has received eight public comments via email, which are attached to this report.

Attachments: Application
Zoning Code Text Amendment Narrative
Letter from Northern Arizona Healthcare
Letter from Testan Properties LLC
Regional Plan Map 7
Regional Plan Map 8
Citizen Participation Plan
Public Comments
Ord. 2022-28
Exhibit A
Presentation
 
9.C.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Jolene Montoya, Industrial Pretreat Supervisor
Co-Submitter: Steve Camp
Date: 11/07/2022
Meeting Date: 11/15/2022

TITLE:
Consideration and Adoption of Ordinance No. 2022-30:  An ordinance amending City Code to align City Code and industrial discharge permits with the language in Environmental Protection Agency (EPA) 40, and Code of Federal Regulations (CFR) 403.
STAFF RECOMMENDED ACTION:
1) Read Ordinance No. 2022-30 by title only for the final time
2) City Clerk reads Ordinance No. 2022-30 by title only (if approved above)
3) Adopt Ordinance No. 2022-30
Executive Summary:
Water Services is proposing the following changes after an audit was conducted by PG Environmental as an agent for the Arizona Department of Environmental Quality (ADEQ) in June 2022.  There are 3 proposed code changes that will align the verbiage found in EPA 40 CFR 403 with City Code and Industrial discharge permits. 
  • Change code to require a resampling event to be conducted and results submitted to the City within 30 days.  Current code requires only a resampling event to be completed within 30 days. This change is required to meet current EPA regulations. 
  • Require facilities and City to extend record retention for unresolved litigation or when requested by the State director or EPA Regional Administrator. Current code only requires a three-year record retention. 
  • Change the definition of the manager in the signatory requirement to match the updated EPA language.
Flagstaff Water Services has reached out to all the permitted industries with the specific information, published information on the Flagstaff Water Services' website, and made a presentation to the Water Commission.
Financial Impact:
None.

Flagstaff Water Services contacted the industrial users impacted by the change. The change is only to the timeframe for submitting results to the City after an exceedance.  The change does not incur any additional sampling costs for the industries. 
Policy Impact:
The City of Flagstaff has a pretreatment program as directed by the Arizona Pollution Discharge Elimination System (AZPDES) permits for both water reclamation plants.  This program issues discharge permits to industries that qualify under the classifications found in City code 7-02-001-0009.  These proposed changes will align the City code to match EPA language to keep the City of Flagstaff in compliance with ADEQ and EPA.  The impact to the current permitted industrial users will be minimal.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
The changes to the pretreatment program support the Priority Based Budget Key Community Priorities and Objectives Environmental Stewardship - Promote, protect, & enhance a healthy, sustainable environment & its natural resources by aligning itself closely with EPA regulations.
Has There Been Previous Council Decision on This:
Water Services provided a presentation to the Water Commission on September 15, 2022.

Attachments: Ord. 2022-30
7-02 changes presentation
 
9.D.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Jeremy DeGeyter, Project Manager
Co-Submitter: Trevor Henry
Date: 11/07/2022
Meeting Date: 11/15/2022

TITLE:
Consideration and Approval of Contract:  Approve Change Order No. 16 with Shephard Wesnitzer, Inc. in the amount of $151,200.00 and a 470 calendar day time extension for the Rio de Flag Flood Control Utility Relocation Design Services Contract.
STAFF RECOMMENDED ACTION:
  1. Approve Change Order No. 16 with Shephard Wesnitzer, Inc. the amount of $151,200.00 and a 470 calendar day time extension for the Rio de Flag Flood Control Utility Relocation Design Services Contract; and
  2. Authorize the City Manager to execute the necessary documents.
Executive Summary:
Approval of Change Order No. 16 will compensate Shephard Wesnitzer, Inc. (SWI) for assisting the City in acquiring the property rights necessary for the U.S. Army Corps of Engineers (USACE) to certify the real estate for construction based on the needed lands, easements, rights-of-way, relocations, and disposal site (LERRD) and complete design for the Rio de Flag Flood Control Project (Project). The additional tasks of Change Order No. 16 include coordinating the relocation of utilities within BNSF Railway (BNSF) right of way, provide additional legal descriptions for right of way and easement acquisitions, allow for the design for the replacement of the pedestrian bridge at City Hall, and the breakout and phasing of construction plans. There is a 470 calendar day time extension requested with Change Order No. 16 to ensure the estate necessary meets the guidelines and requirements as outlined by the USACE.

The Change Order Committee considered this item on October 27, 2022, it was approved with a recommendation to forward to the Council for final approval at the City Council meeting on November 15, 2022.

Change Order No. 16 is currently in routing for signatures to document approval of the Change Order Committee and will be attached to the final agenda for this item.
Financial Impact:
The FY 2004-2005 original Design Services Contract was approved by City Council to SWI in the amount of $1,582,521.00.  Subsequent values of prior changes authorized through the City Manager’s Change Order Authority and City Council approval has resulted in an amount of $2,055,531.34. The funding to pay the amount of Change Order No. 16 ($151,200.00) will come from the Stormwater Fund, tracked in the Rio de Flag project account #206-08-385-3236-0-4421.   
 
Original Contract Value                                 $1,582,521.00
Value of Prior Changes                                 $2,055,531.34
Value of this Change                                     $   151,200.00 
New Contract Value                                      $3,789,252.34
Policy Impact:
No Impact.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
 
Priority Based Budget Key Community Priorities and Objectives
  • Deliver outstanding services to residents through a healthy, well maintained infrastructure system.
  • Strengthen Flagstaff’s resilience to climate change impacts on built, natural, economic, health, & social systems.
Carbon Neutrality Plan
  • Encourage vibrancy, appropriate density, and attainability in existing neighborhoods, so that more residents live within walking distance of their daily needs. 
  • Create inclusive networks for walking and biking that are continuous, attractive, safe, comprehensive, and convenient for people of all ages.
Regional Plan
  • Manage watersheds and stormwater to address flooding concerns, water quality, environmental protections, and rainwater harvesting.
  • Increase the region’s preparedness for extreme climate events.
  • Incorporate pedestrian access, trails, and watchable wildlife opportunities into natural watercourses when practical.
  • Improve mobility and access throughout the region.
  • Increase the availability and use of pedestrian infrastructure, including FUTS, as a critical element of a safe and livable community.  
Has There Been Previous Council Decision on This:
Previous City Council actions pertaining to authorized value changes and action items necessary for the continuation of the Project since FY 2004-2005.
Options and Alternatives:
  1. Approve Change Order No. 16 with SWI the amount of $151,200.00 and a 470 calendar day time extension as recommended; or
  2. Reject Change Order No. 16, which will forfeit the opportunity for the City to comply with its requirement to provide the estate necessary to allow the USACE to certify the real estate for the Rio de Flag Flood Control Project.
Background/History:
On January 18, 2005, the City Council awarded the Design Services Contract to SWI to perform design services for this Project.
Key Considerations:
The Rio de Flag Flood Control Project is included in the City’s Stormwater Management Capital Improvement Program and is the number one priority. The Project has also been the subject of numerous City Council meetings, City-to-Citizen communications and newspaper articles. 

The USACE requested funding for their FY 20 work plan to construct the entire Project. The USACE received $52M which will complete their share (65%) of the project as outlined in the Project Cooperation Agreement. 

In 2018, the City Council authorized a fee increase to the Stormwater rate that would provide funding for the Capital Improvement Program (CIP). In 2019, City Council authorized collection of the rate increase. The rate increase will provide funding for the Stormwater CIP, of which the Rio de Flag Flood Control Project is the number one priority. The City has the capacity and commitment to complete our share of the project as outline in the Project Cooperation Agreement. 

On April 12, 2021, the USACE submitted to the City the real estate “take letter” outlining the estate necessary for the real estate certification. It is the City’s responsibility as outlined in the Project Cooperation Agreement to provide the corridor necessary for the USACE to solicit, award and construct the Project.    

A sample of the additional tasks contained in Change Order No. 16 includes:

BNSF Utility Coordination:
  • Prepare forms and exhibits for BNSF Utility Accommodation Policy Applications necessary for relocation of utilities within BNSF right of way. Includes performing survey of BNSF utilities in and around project limits.
 Legal Description:
  • Prepare legal descriptions and supporting exhibits for additional easements necessary for construction that are not defined in the Army Corps Take Letter. Easements include temporary construction easements and public utility easements. This task includes creation of 59 legal descriptions, which includes 43 legal descriptions for Clay Avenue Wash, 5 legal descriptions for the Lower Reach, and an additional 11 legal descriptions. This includes up to 36 legal descriptions for fiber optic line easements.
City of Flagstaff Pedestrian Bridge:
  • Due to the improvements to the Rio de Flag the existing pedestrian bridge at City Hall will be removed and replaced. This task includes survey, geotechnical report, and structural and electrical engineering services need to design the replacement structure.
Phased Construction Plans:
  • Per direction received from the Army Corps, separate the Utility Relocation and Surface Reconstruction plans into two individual plan sets for Phase 1 and Phase 2.
Change Order No. 16 will add 470 calendar days to the Design Services Contract. The revised completion date is October 1, 2023, which corresponds with the USACE anticipated construction project award date in the Fall of 2023. 
 
Change Order No. 16 was presented to the Change Order Committee for their consideration on October 27, 2022. The item was approved with a recommendation to forward to the City Council for consideration and final approval. 
Expanded Financial Considerations:
Funding for Change Order No. 16 ($151,200.00) will come from the Stormwater Fund and will be tracked in the Rio de Flag Flood Control project 206-08-385-3236-0-4421. The Stormwater Fee rate increase started collection in July 2019 to fund the Stormwater CIP. The Rio de Flag Flood Control Project is part of the Stormwater CIP and is the highest priority Project.    
 
The USACE was awarded $52M in their FY 20 work plan, providing commitment for their full share of the project at 65%.
Expanded Options and Alternatives:
  1. Approve Change Order No. 16 with SWI in the amount of $151,200.00 and a 470 calendar day time extension as recommended; or
  2. Reject Change Order No. 16, which will forfeit the opportunity for the City to comply with its requirement to provide the estate necessary to allow the USACE to certify the real estate for the Rio de Flag Flood Control Project.

Attachments: Presentation
RDF Change Order 16
Vicinity Map
 
10.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Edward Schenk, Water Services Manager - Stormwater
Co-Submitter: Brad Hill
Date: 11/07/2022
Meeting Date: 11/15/2022

TITLE:
Consideration and Adoption of Ordinance No. 2022-32:   An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff City Code, Title 12, Floodplains, Chapter 12-02, Stormwater Management Utility, by amending Section 12-02-002-0003, Schedule of Stormwater Management Utility Service Charges and Fees; providing for repeal of conflicting ordinances, severability, penalties, authority for clerical corrections, and establishing an effective date
STAFF RECOMMENDED ACTION:
At the November 15, 2022 Council Meeting:
1) Open the Public Hearing
2) Read Ordinance No. 2022-32 by title only for the first time
3) City Clerk reads Ordinance No. 2022-32 by title only (if approved above)
At the November 29, 2022 Council Meeting:
4) Continue the Public Hearing
6) Read Ordinance No. 2022-32 by title only for the final time
7) City Clerk reads Ordinance No. 2022-32 by title only (if approved above)
8) Adopt Ordinance No. 2022-32
Executive Summary:
This meeting serves as the first read of Ordinance 2022-32 and provides a public hearing for said Ordinance. This action adopts an ordinance increasing Stormwater service charges (rates). An equivalent rate unit (ERU) equals 1,500 square feet of impervious area on a property. Stormwater service charge increase is necessary to adequately fund pre-monsoon season flood preparation, flood response, operations, maintenance, and priority capital improvement projects. 

Staff developed stormwater rate alternatives for Council to consider which including a staff recommended option of increased capital projects through rates, and other options including an option for limited capital projects through rates and debt financing with a rate funded match for potentially grant funded capital projects, and an option for very limited future capital based on only highest priority projects in the next three years. These options are listed in the draft Ordinance as well as in the attached presentation.
Financial Impact:
The City is recognizing the need to establish appropriate stormwater rates that will allow for the Stormwater Fund to remain solvent following flood response and Capital Improvements from post-wildfire flooding as well as regular operations of the Stormwater Utility. An increase in stormwater rates is needed in order to meet future operating expenditures, provide funding for priority capital improvements and provide sound fiscal management to the Stormwater Fund.
Policy Impact:
Consideration of the level of funding for Stormwater operations and flood mitigation capital projects.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budgeting Priorities
  • Sustainable, Innovative Infrastructure: Deliver outstanding services to residents through a healthy, well maintained infrastructure system
  • High Performing Governance: Enhance the organization’s fiscal stability & increase efficiency & effectiveness
Regional Plan:
  • Goal WR.2.2 Maintain and develop facilities to provide reliable, safe and cost-effective stormwater services.
Carbon Neutrality Plan
  • Community Resilience: Ensure all mitigation actions improve Flagstaff’s ability to adapt to the future.
  • Community Resilience: Strengthen existing community systems to create resilience to both short-term shocks and long-term change.
Has There Been Previous Council Decision on This:
On August 23, 2022, City Council adopted Resolution 2022-44, a Notice of Intent to increase Water Services rates or rate components, fees or service charges. 

On October 25, 2022, during the Council work session staff presented results of the Stormwater Rate Adjustment Report and current scenarios for rate increases. 
Options and Alternatives:
Alternatives are being considered to provide various levels of service to the community with the understanding of enhanced operations and maintenance due to recent flood events and new infrastructure.
  • Adopt Ordinance No. 2022-32 as proposed.
  • Postpone the public hearing to a date certain and the adoption of Ordinance No. 2022-32 and provide staff direction.
  • Amend and adopt Ordinance No. 2022-32 and direct staff to modify the capital improvement plan and drainage maintenance program.
  • Do not adopt Ordinance No. 2022-32 and have staff delay capital improvement projects and reduce the drainage maintenance program.  This action will greatly limit staff's ability to continue to address flood preparation, response, and necessary maintenance with the current ($3.74/ERU) Stormwater rate.
Background/History:
The Stormwater Section was created in 2003 as a separate utility. The utility has undergone many changes since its inception with a drastic increase in expenses and level of service following the Museum Fire of 2019 and Pipeline Fire of 2022. The need for an increase in the rate is in relation to these fires, inflationary pressure, increased infrastructure maintenance needs, and continued flood response costs. This rate was evaluated by an outside consultant, Water Resources Economics, and was reviewed by Staff for appropriateness in terms of community level of service.
Key Considerations:
Current Stormwater rates are insufficient for continuing pre-monsoon season flood preparation or monsoon flood response.  Current rates are insufficient for funding the Highway 180 at Schultz Creek culvert. The City has several basins to help mitigate flood levels in our community and are expected to collect sediment and debris from the fire burn areas.  Current rates are insufficient for the large increases in maintenance costs that will be incurred from the construction of the Killip School Regional Detention Basins, Schultz Creek Basins, Francis Short Pond Basin and Park Way Basins. 
Expanded Financial Considerations:
Current Stormwater rates are insufficient for continuing pre-monsoon season flood preparation or monsoon flood response.
Current rates are insufficient for funding the Highway 180 at Schultz Creek culvert.
Current rates are insufficient for the drastic increase in maintenance costs that will be incurred by the new Killip School Regional Detention Basins, Park Way Basins, and Schultz Creek Basins.
Community Benefits and Considerations:
Establishing a fiscally secure Stormwater Fund will provide for flood response and post-fire long term mitigations that will reduce repetitive funding. The Fund will continue to support the Rio de Flag Flood Control Project, FEMA regulatory compliance, and stormwater development review.
Community Involvement:
A public notice and the Stormwater Rate Adjustment report was made available to the public on September 16, 2022.  A Stormwater page has also been created to provide additional information on the rate adjustment.   Staff has reached out to the community for opportunities to provide a roadshow presentation to groups.  Community forums were scheduled to allow for the public to attend in-person or virtually.  This rate adjustment had several public meetings and previous Council discussion on October 25, 2022.

Attachments: Ord. 2022-32
Stormwater Rate Report
Stormwater Rate Presentation
 
11.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Bryce Doty, Real Estate Manager
Date: 11/07/2022
Meeting Date: 11/15/2022

TITLE:
Consideration and Adoption of Ordinance No. 2022-31:  An Ordinance of the City Council of the City of Flagstaff, abandoning approximately 5,237 square feet of public right-of-way at the northwest corner of Fountaine Street and Hoskins Avenue; providing for delegation of authority, repeal of conflicting ordinance, severability, and establishing an effective date
STAFF RECOMMENDED ACTION:
At the November 15th, 2022 Council Meeting:
1) Read Ordinance No. 2022-31 by title only for the first time
2) City Clerk reads Ordinance No. 2022-31 by title only (if approved above)
At the December 6th, 2022 Council Meeting:
3) Read Ordinance No. 2022-31 by title only for the final time
4) City Clerk reads Ordinance No. 2022-31 by title only (if approved above)
5) Adopt Ordinance No. 2022-31
Executive Summary:
Northern Arizona University owns 631 S. Fountaine St., which abuts approximately 7,400 square feet of unimproved public right-of-way dedicated for Hoskins Ave. Northern Arizona University is requesting the City of Flagstaff abandon a portion of Hoskins Avenue. City staff analyzed the request based on existing public uses, future public uses, utility impacts, and consistency with existing plans and standards. City staff recommends abandoning approximately 5,237 square feet of Hoskins Avenue public right- of-way south of 631 S. Fountaine Street, reserving the southern 20’ of Hoskins Avenue right-of-way to accommodate existing public infrastructure needs and a planned Flagstaff Urban Trail System (FUTS) trail identified in the Regional Plan and the Active Transportation Master Plan.

The Planning and Zoning Commission, on October 26, 2022, determined that abandonment is consistent with the General Plan,Zoning Code, any applicable Specific Plan, and all applicable Utilities and Public Works Division standards, and recommended abandonment.  An easement will be reserved for any existing public utilities using the area to be abandoned as public right-of-way.  

If that portion of Hoskins Avenue adjacent to NAU property is abandoned (the 5,237 square feet), then at a future public meeting City staff will bring to Council for consideration an ordinance authorizing the exchange of this property for property of substantially equal value owned by NAU.  The City is seeking to acquire property currently owned by NAU for upcoming capital improvement projects. 
Financial Impact:
None.  The City is simply abandoning the right-of-way and will retain ownership for now. 

If the City sells or disposes of the abandoned roadway in the future, A.R.S. Section 28-7208 requires the City to receive consideration in an amount deemed commensurate with the value for the abandoned roadway.  The City may exchange the abandoned roadway for real property of substantially equal value pursuant to A.R.S. Section 9-407.
Policy Impact:
None.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Livable Community - Provide amenities and activities that support a healthy lifestyle. 

Regional Plan
Goal T.1. Improve mobility and access throughout the region.
Goal T.2. Improve transportation safety and efficiency for all modes.
Has There Been Previous Council Decision on This:
None.

The Council has previously approved an abandonment of undeveloped right-of-way on the north side of Hoskins Avenue. On May 18, 2021 the City Council adopted Ordinance No. 2021-28, abandoning approximately 1,400 square feet of Hoskins Avenue at the northwest corner of Leroux Street, and authorizing sale of the property for its estimated value as the minimum bid.  The adjacent property owner purchased that land.  
Options and Alternatives:
1. Approve ordinance abandoning 5,237 square feet of right-of-way;
2. Do not approve ordinance and provide further direction to staff.
Background/History:
In 1943 the Revised Plat of the Washington Addition of the City of Flagstaff, dedicated Hoskins Street to the public for public use in varying widths from 60' to 73.5'. The right of way in question is directly south of Lot 27. Connecting this portion of right of way as a street, west into NAU Campus never occurred due to topography the campus development pattern.

The 2018 Survey of Block A, Revised Washington Addition identifies the width of Hoskins Street South of Lot 27 (631 S. Fountaine Street) as 68.4 feet. This right-of-way has never been developed for public use and the adjacent property owner has been using the right-of-way as a driveway or for parking.

NAU approached the City with a request to abandon a portion of the unbuilt remnant of Hoskins right-of-way adjacent to 631 S. Fountaine Street. The City Planners, Engineers, Water Services and Traffic evaluated that certain remnant right-of-way along the south side of 631 S. Fountaine Street and determined that right-of-way is no longer needed for use as roadway, except that the southern 20’ does need to remain as roadway for existing and future uses. 

The City contacted utility companies on October 4 and October 17, 2022 requesting utility clearances for the proposed abandonment.  As a condition of abandonment of public right-of -way (ROW), the City will need to allow the existing utility facilities to remain in place or provide for relocation. 
APS Response: Approve abandonment without conditions
UniSource Response: No facilities within portion of ROW
CenturyLink Response: Has not completed review. (If there are facilities in ROW, City will reserve an easement for them).
City Utilities Response: Utility needs are preserved with retained portion of ROW

Attachments: Ord. 2022-31
Hoskins Ave legal description
Presentation
City Code abandonment
 
11.B.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Carmen Pryer, Real Estate Specialist
Co-Submitter: Bryce Doty
Date: 11/07/2022
Meeting Date: 11/15/2022

TITLE:
Consideration and Adoption of Ordinance No. 2022-24:  an ordinance of the Flagstaff City Council authorizing the acquisition of real property interests for the Milton Road and University Avenue Right-of-Way Project; providing for delegation of authority, repeal of conflicting ordinances, severability, clerical corrections, and establishing an effective date
STAFF RECOMMENDED ACTION:
At the November 15, 2022, Council Meeting:
1) Read Ordinance No. 2022-24 by title only for the first time
2) City Clerk reads Ordinance No. 2022-24 by title only (if approved above)
At the December 6, 2022, Council Meeting:
3) Read Ordinance No. 2022-24 by title only for the final time
4) City Clerk reads Ordinance No. 2022-24 by title only (if approved above)
5) Adopt Ordinance No. 2022-24
Executive Summary:
Further design efforts on Milton Road and University Avenue right-of-way project have identified additional property acquisitions in order to deliver the project. Adoption of this ordinance will authorize the acquisition of all of the real property interests required for the project, as required by the Flagstaff City Charter.
Financial Impact:
In May 2000, the Flagstaff voters approved Proposition 403 which provided funding for improvements to Traffic Flow and Safety. As part of this proposition, two of those projects apply to the Project. These two projects were the University Avenue Realignment and Beulah Boulevard Extension.

City Staff completed a preliminary realignment plan and programmed $7.4 million in the FY2015 Capital Improvement Program Summary. In FY2023, an additional $9.2M was budgeted for the Project from the 419 Transportation Tax. These two allocations provided a combined total $16.6M for the Project.

Vintage Partners, LLC, will also contribute $1.65M for the pedestrian underpass commitment. It should be noted that VP is responsible for all costs associated with the pedestrian underpass and per Amendment One to the DA, those costs must be repaid to the City within five (5) years.
Policy Impact:
None. 
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives

Safe and Healthy Community -
  • Foster a safe, secure, and healthy community.
  • Ensure the built environment is safe through the use of consistent standards, rules and regulations, and land use practices.
Inclusive and Engaged Community -
  • Advance social equity and social justice in Flagstaff. 
Sustainable, Innovative Infrastructure -
  • Deliver outstanding services to residents through a healthy, well maintained infrastructure system.
  • Utilize existing long-range plans that identify the community's future infrastructure needs and all associated costs.
  • Identify smart traffic management, multi modal transportation, and alternative energy opportunities.
Environmental Stewardship -
  • Implement sustainable building practices and alternative energy and transportation options.
  • Implement, maintain and further the Climate Action and Adaptation Plan.
Regional Plan Goal T.2 -
  • Improve transportation safety and efficiency for all modes.
Has There Been Previous Council Decision on This:
City Council previously authorized real property acquisitions related to this project in 2021 as outlined in the Background/History. This ordinance authorizes acquisitions to match the final design of the project, and repeals the prior 2021 ordinance. 
Options and Alternatives:
1. Approve ordinance 
2. Do not approve property acquisitions, and provide other direction.
Background/History:
On May 16, 2000, the voters of Flagstaff passed Proposition 403 which established a local transportation tax rate to provide funding for a variety of transportation system improvements including the arterial and collector street system, and multi-modal elements. The information pamphlet for this proposition specifically identified the Beulah Boulevard extension and the University Avenue realignment as “missing links” within the overall transportation network.  The publicity pamphlet for Proposition 403 showed an alignment for these roadways like the current proposal. A total of $7.375 million has been collected and allocated for these transportation improvements. These funds became 100% available as of July 1, 2017; however, many years of work have been spent on moving this project forward.

In 2005, the City of Flagstaff acquired APN 103-21-002, a 9.58-acre site known as the “Fresquez Parcel” for approximately $2.7 million. This purchase was the first step in moving this transportation project to fruition and provides the majority of right-of-way necessary to accomplish the Beulah Boulevard extension. In order to accomplish the University Avenue/Drive realignment, the ADOT District Offices and Regional Laboratory need to be relocated.  

Following the acquisition of the Fresquez parcel, the City and ADOT began to explore options for partnerships in order to relocate the ADOT facilities. In July 2009, the Arizona P3 (Public-Private-Partnership) Legislation was passed, allowing for partnerships between a public agency (in this case two public agencies) and a private-sector entity to allow greater participation in the delivery of a transportation project. Typically, the public agency assumes all the risks and responsibilities for a transportation project, but under the P3 the private partner takes on some of those risks and responsibilities. The Flagstaff P3 is the first time this initiative has been used to acquire new facilities for ADOT, which will free up land for roadway improvements and redevelopment. A Memorandum of Understanding was executed on March 28, 2012 and set out the parameters for how this P3 project would function. The City and ADOT would combine the remainders of their parcels after right-of-way dedication to be used for redevelopment. The redevelopment parcel would then be traded from ADOT to the developer for relocated ADOT facilities. 

ADOT issued a Request for Qualifications in March 2012 to solicit a private partner who could relocate the ADOT facilities allowing for the construction of the road improvement project. The selected private sector partner was Vintage Partners, who proposed to relocate the ADOT facilities to the former Harkins Theater on Woodlands Village Boulevard. The P3 project was formalized through a Pre-Development Agreement (PDA) between Vintage, the City, and ADOT in December 2014. The PDA provides an overview of the various transactions, authorizes Vintage Partners to prepare and submit required materials for a Site Plan and Rezoning application for ADOT and City property located between Milton Parkway and Beulah Avenue, provides an anticipated schedule, requires an implementation agreement between ADOT and Vintage Partners, provides the term of the agreement, provides remedies for disputes and includes miscellaneous provisions required for an ADOT P3 project.
 
On August 21, 2017, the City Council approved the Reinstatement of, and First Amendment to the P3 Pre-Development Agreement extending the term to December 31, 2017; on December 19, 2017, a Second Amendment was approved that extended the term to March 31, 2018; on March 20, 2018, a Third Amendment was approved that extended the term to June 30, 2018.
 
On April 17, 2018, City Council approved the Development Agreement (DA) between The City and Vintage Partners. The DA provides for the sequence of approvals to facilitate the conveyance of the City Property to ADOT, the relocation of ADOT to the former Harkins Site, and the recordation of the final plat. It acknowledges that other agreements, including an Inter-Governmental Agreement between the City and ADOT, and an Implementation Agreement between ADOT and Vintage, will also speak to the timing and conditions for the property transfers from the City to ADOT, and ADOT to Vintage.
 
On August 18, 2018, City Council approved an IGA between the City and ADOT in order to facilitate the completion of the project.

On December 3, 2019, City Council approved the Mill Town Final Plat.

On September 21, 2021, City Council approved Ordinance No. 2021-18 authorizing property acquisitions for the project. 

City has determined it is appropriate to adopt a new ordinance authorizing the acquisition of real property interests for the project, to conform with updates to the construction plans and legal descriptions for the real property interests to be acquired.
Key Considerations:
The property acquisitions will enable the City to complete planned roadway improvements. Due to the finalization of the plans, and the bike and pedestrian modifications at the 60-percent level, additional ROW was necessary to acquire to construct the roadway project.
Community Benefits and Considerations:
The Project improvements have been identified as an important project to help address traffic congestion on Milton Road.
Community Involvement:
Inform - The public voiced opinions on the proposed P3/Mill Town project during a public hearing which occurred prior to the rezone and development agreement which were approved by the City Council on April 17, 2018.
Involve - Public participation was included in the rezoning process.
Collaborate - P3/Mill Town is certainly a collaboration between the State, City, and Vintage Partners, LLC, a private company, and the public who commented during the public hearing on the rezoning.
Empower - The voters of Flagstaff approved the 2000 Transportation Tax which funded the Fresquez acquisition and the $7.4 million programed in the Capital program for the University/Beulah roadway improvements.

Attachments: Presentation
Ord. 2022-24
Exhibit 1 Chart
Exhibit 2 Legal Descriptions
Parcels and Roadway Map
 
11.C.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Edward Schenk, Water Services Manager - Stormwater
Co-Submitter: Brad Hill
Date: 11/07/2022
Meeting Date: 11/15/2022

TITLE:
Consideration and Adoption of Resolution No. 2022-54:  A resolution adopting the 2023 Revised Stormwater Credit Manual.
STAFF RECOMMENDED ACTION:
1) Read Resolution No. 2022-54 by title only for the final time
2) City Clerk reads Resolution No. 2022-54 by title only (if approved above)
3) Adopt Resolution No. 2022-54
Executive Summary:
The most recent Stormwater Credit Manual was instituted in 2015. No amendments have been made since.

A detailed review of the Stormwater Credit Manual revealed potential inconsistencies with the original intent of the manual. Concerns exist about the current Stormwater Credit Manual's provision of incentives to Flagstaff residents. The intent of this agenda item is to provide Council with the opportunity to adopt the 2023 Revised Stormwater Credit Manual. 
Financial Impact:
There are no direct costs of implementing a revision of the Stormwater Credit Manual. Indirect impacts to the financial inflow to the Stormwater Utility through credits to individual accounts, usually in the 10% credit range. Staff do not recommend a large indirect financial impact since there is an existing Credit Manual that was a revision of the original 2006 Credit Manual. Staff does not expect a large change in applications for credits.
Policy Impact:
The most recent Stormwater Credit Manual went into effect in 2015. It is a revised version of the original Stormwater Credit Manual of 2006 and was intended to provide incentives to businesses and property owners to "go above and beyond" in their private stormwater infrastructure. The current Stormwater Credit Manual contains language that could pose possible concerns with its application. The subject of revising the Stormwater Credit Manual was briefly mentioned to Council as part of the initial City Council discussions related to the Stormwater Rate Study. Additionally, this item was formally presented to the Water Commission in September. A summary of the proposed changes are below and are also in the attached draft updated Stormwater Credit Manual. If the draft document is accepted by Council it will be put forward in ordinance form with the required two public reads at future regular City Council Meetings. 
 
Stormwater Detention:
 
In particular: the current Stormwater Credit Manual provides a 20% credit for detention of the 2, 10 and 100 year events. This must be clarified as these standards are required by current code.
 
The Stormwater Credit Manual provides a 9% credit for meeting detention code of the 1990s. This must be clarified to be consistent with the current detention requirements of the updated/current drainage code.
 
Staff recommends removing both credits and replacing with a 10% credit for detention basins that provide detention beyond current code. Specifically a detention requirement for a 500-year event.
 
Residential Water Harvesting:
 
The Stormwater Credit Manual currently provides a 10% credit for a minimum of 2 rain barrels with a combined capacity of 100 gallons on a residential property. Staff recommends this be changed to a minimum of 300 gallons of on-site residential rainwater harvesting. This change is intended to show a real benefit in terms of rainwater runoff reduction while not being too difficult to obtain for a typical property owner.
 
Conservation Easement:
 
The Stormwater Credit Manual provides a 10% credit for a minimum of 10 contiguous acres of conservation easement. This requirement will be hard to meet within City limits as open parcels become more rare, and more expensive. It is recommended that this be changed to 2 contiguous acres of conservation easement for the 10% credit.
 
Structured Educational Program:
 
No change.
 
Additional change to the Credit Manual:
 
Addition of a section for floodproofing, provide a 10% credit for "wet" or "dry" floodproofing of the primary structure(s) on a parcel.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
High performance governance: Serve the public by providing high quality internal and external customer service (SP)1.2/ 3.2/ (RP)ED.1
Safe & Healthy Community: Foster a safe, secure, and healthy community (SP)3.4/ 4.1/ (RP)PF.1/ PF.3
Sustainable, Innovative Infrastructure: Deliver outstanding services to residents through a healthy, well maintained infrastructure system (SP)3.2/ (RP)PF.2/ E.1-2/ WR.1-6/ LU.7-8/ CD.1/ T.4-6/ REC.1
Environmental Stewardship: Implement sustainable building practices and alternative energy and transportation options (RP)E&C.6/ E.1-2/ WR.3/ PF.2/ REC.1/ LU.5/ LU.10/ LU.13-14/ LU.18/ T.3-7/ E&C.2
 
Carbon Neutrality Plan
Community resilience, CR-1 and CR-2

Regional Plan
Goal E&C.3. Strengthen community and natural environment resiliency through climate adaptation efforts.

Goal WR.5. Manage watersheds and stormwater to address flooding concerns, water quality, environmental protections, and rainwater harvesting.

Goal ED.1. Create a healthy environment for business by ensuring transparent, expeditious, and predictable government processes.
Has There Been Previous Council Decision on This:
Yes, the previous Credit Manual was adopted via Resolution No. 2015-17.
Options and Alternatives:
Alternative: do not adopt a revision of the Credit Manual and continue with the 2015 Credit Manual.
Background/History:
The original credit manual was created in 2006 and revised in 2015. The current credit manual provides inequities through giving credits for developments that meet current standards while penalizing older neighborhoods that were built to old standards. The intent of a Stormwater Credit Manual is to incentivize private development and improvements that go beyond current standards.
Key Considerations:
The most recent Stormwater Credit Manual went into effect in 2015. It is a revised version of the original Stormwater Credit Manual of 2006 and was intended to provide incentives to businesses and property owners to "go above and beyond" in their private stormwater infrastructure. The current Stormwater Credit Manual contains language that could pose possible concerns with its application. The subject of revising the Stormwater Credit Manual was briefly mentioned to Council as part of the initial City Council discussions related to the Stormwater Rate Study. Additionally, this item was formally presented to the Water Commission in September. A summary of the proposed changes are below and are also in the attached draft updated Stormwater Credit Manual. If the draft document is accepted by Council it will be put forward in ordinance form with the required two public reads at future regular City Council Meetings. 
 
Stormwater Detention:
 
In particular: the current Stormwater Credit Manual provides a 20% credit for detention of the 2, 10 and 100 year events. This must be clarified as these standards are required by current code.
 
The Stormwater Credit Manual provides a 9% credit for meeting detention code of the 1990s. This must be clarified to be consistent with the current detention requirements of the updated/current drainage code.
 
Staff recommends removing both credits and replacing with a 10% credit for detention basins that provide detention beyond current code. Specifically a detention requirement for a 500-year event.
 
Residential Water Harvesting:
 
The Stormwater Credit Manual currently provides a 10% credit for a minimum of 2 rain barrels with a combined capacity of 100 gallons on a residential property. Staff recommends this be changed to a minimum of 300 gallons of on-site residential rainwater harvesting. This change is intended to show a real benefit in terms of rainwater runoff reduction while not being too difficult to obtain for a typical property owner.
 
Conservation Easement:
 
The Stormwater Credit Manual provides a 10% credit for a minimum of 10 contiguous acres of conservation easement. This requirement will be hard to meet within City limits as open parcels become more rare, and more expensive. It is recommended that this be changed to 2 contiguous acres of conservation easement for the 10% credit.
 
Structured Educational Program:
 
No change.
 
Additional change to the Credit Manual:
 
Addition of a section for floodproofing, provide a 10% credit for "wet" or "dry" floodproofing of the primary structure(s) on a parcel.
Community Benefits and Considerations:
The benefit of revising the Credit Manual is providing options for reducing the community's Stormwater utility rate through incentivizing activities that reduce flood risks at a local level.
Community Involvement:
The proposed revisions to the Stormwater Credit Manual was brought to Water Commission in August and September and to City Council for discussion on November 1st, 2022.

Attachments: Res. 2022-54
2023 Draft Credit Manual
2015 Credit Manual
 
11.D.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Dan Musselman, Police Chief
Date: 11/07/2022
Meeting Date: 11/15/2022

TITLE:
Consideration and Adoption of Resolution No. 2022-53:  A resolution approving the Second Amendment to the Intergovernmental/Third-Party Agreement between the City of Flagstaff, Coconino County and Paw Placement of Northern Arizona dba High Country Humane for Animal Sheltering Services
STAFF RECOMMENDED ACTION:
1) Read Resolution No. 2022-53 by title only
2) City Clerk reads Resolution No. 2022-53 by title only (if approved above)
3) Adopt Resolution No. 2022-53
Executive Summary:
This Second Amendment to Intergovernmental Agreement (IGA) with Coconino County and a Third-Party Agreement with Paw Placement of Northern Arizona dba High Country Humane (High Country) to provide Animal Sheltering Services includes language that all three of the involved parties requested. The Second Amendment to the IGA/Third-Party Agreement was drafted jointly by operational staff from all three entities. It includes further definitions and adds clarifying language to outline the roles and responsibilities of the parties.
Financial Impact:
In January 2022, High Country request a yearly increase to the IGA/Third-Party Agreement beginning in Fiscal Year 2022-23. The City and County began discussions on the impacts that the increase would have on Animal Sheltering Services. The City Council agreed to a one time increase for Fiscal Year 2022-23 in the amount of $124,500. This increase would add to the existing amount of $290,890 the City was already contractually obligated to pay. For Fiscal Year 2023-24, the compensation from the City will revert to the previous agreed upon amount of $290,890. It is anticipated that High Country may bring forward another funding request. 
 
The County portion (for FY2022-23) paid will be fifty-five percent (55%) of the compensation or $495,000 ($41,250 per month). The County shall remit $41,250 per month directly to High Country.

The City portion (for FY2022-23) paid will be forty-five percent (45%) of the compensation or $405,000 ($33,750 per month). The City shall remit $33,750 per month directly to High Country.

The County and City will pay yearly maintenance costs in the amount of $24,780 annually. The County portion will be $12,390 and the City portion will be $12,390, paid once annually. The City shall remit the $12,390 directly to High Country and the County shall remit $12,390 directly to High Country annually.
Policy Impact:
None.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
3) Provide sustainable and equitable public facilities, services, and infrastructure systems in an efficient and effective manner to serve all population areas and demographics. 
8) Improve the effectiveness of notifications, communication, and engagement with residents, neighborhoods and businesses and about City services, programs, policies, projects and developments.
Has There Been Previous Council Decision on This:
On October 16, 2018, the City Council adopted Resolution #2018-47 approving an IGA between the City of Flagstaff and Coconino County and a Third-Party Agreement with High Country to provide Animal Sheltering Services. Additionally, this same IGA/Third-Party Agreement was presented to and approved by the Coconino County Board of Supervisors on October 16, 2018. 

In February 2020, High Country approached both the City and County requesting additional assistance to cover the higher expenses they were experiencing. High Country requested a one-time increase for Fiscal Year 2019-2020 in an amount of $48,332.00 ($26,583 City/$21,749 County) which is in line with the allocation percentages under the original IGA/Third-Party Agreement. High Country requested additional increases in Fiscal Years 2020-21 and 2021-22 of $145,000 ($79,200 City/$65,800 County) which is in line with the allocation percentages under the original IGA/Third-Party Agreement. High Country presented to City Council on March 10, 2020, about services and increase funding request. The City Council gave direction to amend the IGA/Third-Party Agreement with the requested increases. On July 7, 2020, the City Council approved Resolution #2020-42 approving the First Amendment to the IGA/Third-Party Agreement.
 
In January 2022, High Country sent a letter to the City requesting additional compensation. The City Council agreed to a one time increase of $124,500, for Fiscal Year 2022-23 only. Under the Second Amendment to the IGA/Third-Party Agreement presented today, the County portion (for FY2022-23) paid will be fifty-five percent (55%) of the compensation or $495,000 ($41,250 per month). The County shall remit $41,250 per month directly to High Country.  The City portion (for FY2022-23) paid will be forty-five percent (45%) of the compensation or $405,000 ($33,750 per month). The City shall remit $33,750 per month directly to High Country.

The County and City will pay yearly maintenance costs in the amount of $24,780 annually. The County portion will be $12,390 and the City portion will be $12,390, paid once annually. The City shall remit the $12,390 directly to High Country and the County shall remit $12,390 directly to High Country annually. 
Options and Alternatives:
1. Approve the Second Amendment to the IGA/Third-Party Agreement with Coconino County and High Country; or 
 2. Do not approve the Second Amendment to the IGA/Third-Party Agreement.
Background/History:
In 2017, City staff were approached by the County and asked if the City would be interested in a joint County/City Request for Proposals (RFP) for Animal Shelter Services. The owner of the Second Chance Center for Animals indicated a possible interest in donating the property and building to the County if the primary use and purpose were for an animal shelter. On April 27, 2018, a joint County/City RFP was advertised, and two proposers responded: Coconino Humane Society and High Country.

After the evaluation/scoring process and negotiations with both proposers, the City and the County determined that High Country was the highest scoring organization that met the needs of both agencies. On October 16, 2018, the City Council adopted Resolution #2018-47 approving the original IGA/Third-Party Agreement between the City, the County, and High Country. Simultaneously, this same IGA/Third-Party Agreement was presented and approved by the Coconino County Board of Supervisors on October 16, 2018.  

The original term of this Agreement is from October 16, 2018, through June 30, 2024. Under the original term of the IGA/Third-Party Agreement, the contract may be renewed for up to one (1) additional, five (5) year extension by mutual written consent of the parties.  

High Country presented to the City Council again on March 10, 2020, about services and an increased funding request. The City Council gave direction to amend the original IGA/Third-Party Agreement with the requested increases. On July 7, 2020, City Council adopted Resolution #2020-42 approving the First Amendment to the IGA/Third-Party Agreement between the City, the County and High Country.

In January 2022, High Country sent a letter to the City requesting a yearly increase to the contract beginning in Fiscal Year 2022-23. The City and the County began discussions on the impacts that the increase would have on Animal Sheltering Services. The City Council agreed to a one time increase for Fiscal Year 2033-23 in the amount of $124,500, there by adding to the existing City compensation amount of $290,890, for a total compensation of $415390 for Fiscal Year 2022-23. 
Key Considerations:
Under the terms of the Second Amendment to the IGA/Third-Party Agreement, High Country re-commits to providing the professional services and programs to the community that include: public education (rabies, pet care, bite safety), adoption services, public education on spay/neuter for dogs/cats, lost and found, and pet food banks for low-income assistance. High Country is committed to adherence to the requirements of the American Society for the Prevention of Cruelty to Animal (ASPCA) by putting Association of Shelter Veterinaries (ASV) Guidelines into action under the Second Amendment to the IGA/Third-Party Agreement.
Community Benefits and Considerations:
The City benefits by having an updated facility that will accept and provide care and shelter for the adoption of stray dogs and cats.
Expanded Options and Alternatives:
1. Approve the Second Amendment to the IGA/Third-Party Agreement with the County High Country; or 
2. Do not approve the Second Amendment to the IGA/Third-Party Agreement.

Attachments: Res. 2022-53
Second Amendment IGA-3rd Party Agreement
Exhibit 1
Exhibit 2
Original HCH IGA 10-16-2018
First HCH IGA Amendment 6-23-2020
 
11.E.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Sterling Solomon, City Attorney
Date: 11/10/2022
Meeting Date: 11/15/2022

TITLE:
Consideration and Adoption of Resolution No. 2022-55:  A resolution of the City Council of the City of Flagstaff adopting the City Council Holiday Display Policy for the City of Flagstaff.
STAFF RECOMMENDED ACTION:
1) Consider and Read Resolution No.2022-55 by title only
2) City Clerk reads Resolution No. 2022-55 by title only (if approved above)
3) Consider and adopt Resolution No.2022-55
Executive Summary:
At the November 1, 2022 regular Council Meeting, City Council discussed options and gave direction for staff to present a City Council holiday display policy in the form of a resolution for consideration and possible adoption at the November 15, 2022 regular meeting. Included with this staff summary is a draft resolution with the draft policy attached. If adopted this resolution will create a policy upon which City Council can give direction to City Management to display decorations (both secular and non-secular) in the plaza area at City Hall and other City facilities to celebrate diversity, harmony, peace, light, inclusivity, and love during the general holiday season.
Financial Impact:
None
Policy Impact:
Creates a policy to guide City Council in its direction to staff with respect to the display of decorations during the holiday season, both secular and non-secular in nature.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
None
Has There Been Previous Council Decision on This:
None

Attachments: Res. 2022-55
City Council Holiday Display Policy
 
12.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Amy Hagin, Assistant Parks and Recreation Director
Date: 11/07/2022
Meeting Date: 11/15/2022

TITLE
Thorpe Park Annex Updated Concept
STAFF RECOMMENDED ACTION:
On October 25, 2022, a robust conversation was held with City Council providing detailed direction and feedback bringing forward this updated concept of Thorpe Park Annex for future approval.  
EXECUTIVE SUMMARY:
In summary, City Council provided direction for the Indigenous Community Cultural Center (ICCC) to be the centerpiece of the property with ample natural areas around the ICCC for meditation, teaching, gathering, learning, contemplation, and space for plant and animal relatives including native plantings, garden areas, and an orchard.    

The specific recommendations include:
  • Create a larger area for restoration, open spaces, indigenous gardens, native plantings, a larger orchard around the ICCC, and enhanced ceremonial space
  • An incorporation of interpretive trail system with connection to the ICCC
  • Relocating pickleball courts to not be within the boundaries of Thorpe Park Annex but rather in another location within the regional Thorpe Park
  • Make adjustments to parking based on centerpiece around the ICCC
  • Keep City employee housing with direction and discussion on next steps to continue
INFORMATION:
The updated concept will be provided with the November 15, 2022 final agenda packet.

Attachments: Thorpe Final Concept Plan
 
12.B.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Tiffany Antol, Senior Planner
Date: 11/07/2022
Meeting Date: 11/15/2022

TITLE
Discussion regarding adult use marijuana retail sales.
STAFF RECOMMENDED ACTION:
Receive direction from Council regarding whether to allow adult use only marijuana retail sales to operate in Flagstaff.
EXECUTIVE SUMMARY:
The “Smart and Safe Arizona Act” (the “Act”), certified as Proposition 207, was passed by Arizona voters at the November 3, 2020, general election and became effective on December 1, 2020. The Act declared that “the responsible adult use of marijuana should be legal for persons twenty-one years of age or older, subject to state regulation, taxation, and local ordinance.”

The Act decriminalizes the use and possession of up to one ounce of recreational marijuana by a person who is at least twenty-one years of age. Individuals who are at least twenty-one years of age can also legally grow and possess up to six marijuana plants, but no more than twelve plants can be grown at a single residence and cultivation must take place in an enclosed, secure area not visible from public view. 

In June 2021, the Flagstaff City Council adopted Ordinance 2021-13, which enacted certain regulations regarding the use and sale of recreational marijuana in Flagstaff. The Ordinance included:
  • Marijuana-related land use application requirements to remove redundancy with the provisions that are regulated and verified by the State of Arizona
  • Marijuana-related definitions and incorporated new definitions that are consistent with the Arizona Revised Statutes;
  • Medical marijuana dispensary definition to be inclusive of the medical and a dual (medical and recreational) state certified location that is authorized to sell marijuana and marijuana products to consumers and have accessory uses (cultivation, manufacturing, processing, packaging, or storage of marijuana products); and,
  • Commercial and industrial land use tables with revised names and added the new land use of Marijuana Testing Facility.
INFORMATION:
Staff attended the Arizona Planning Association Conference in late August where a session was provided on adult use marijuana operations in Arizona.  The following information was obtained from that session which included a representative from the Arizona Department of Health, and planning staff from Tucson and Gilbert.

There was a total of 130 existing medical marijuana dispensaries in Arizona when the Smart and Safe Act (Proposition 207) passed in November 2020 legalizing marijuana for adult personal use.  After the adoption of this proposition, the existing 130 medical marijuana dispensaries were allowed to become dual licensed facilities by adding adult use retail sales.  The total number of dual use marijuana establishments is adjusted dependent upon the number of pharmacies in the State.  It has been several years since the license numbers have been adjusted based on the number of pharmacies, so there is the potential for there to be additional dual use licenses when those numbers are recalculated in the future.   

The Smart & Safe Act included provisions for 13 adult use licenses (recreational only) in rural Counties in Arizona.   These licenses were awarded in April 2021.  Of these 13 licenses approximately 6 retail facilities have opened.  There are still 7 licenses that have not yet opened a location.  These licensees have until October 2022 to open a location.    The Arizona Department of Health was unsure at the time if they will consider extensions for those licenses.  This information is relevant to the discussion in Flagstaff due to the possible location of marijuana retail establishments just outside city limits if Coconino County permits.  Coconino County did not update their zoning code after the adoption of the Smart and Safe Act.  

The Smart & Safe Act also included provisions for 26 adult use licenses (recreational only) for social equity applicants.  These licenses were awarded in April 2022 and the licensees have until October 2023 to open locations.  To date none of these license holders have opened an establishment in Arizona.  The Smart & Safe Act allows municipalities to prohibit adult use retail establishments.  If a municipality chooses to allow adult use retail establishments (recreational only), a municipality must treat all retail establishments the same including dual licensed and medical only dispensaries.  Several municipalities in Arizona also did not update their zoning codes after the adoption of the Smart and Safe Act.

Gilbert has one existing dispensary which is a dual licensed establishment and chose not to allow recreational only retail sales.  The planner from Gilbert commented that several Marijuana Establishments have already located at the city limits of Gilbert and Mesa (within Mesa), and they do not anticipate additional sales establishments pursuing Gilbert.  The only complaints that have been received on their one existing establishment is the lack of parking.

Tucson is working on text amendments to their Uniform Development Code currently to allow adult use recreational sales establishments.  The Tucson City Council directed early this year in a work session to require a Mayor & Council Special Exception land use procedure, which requires a neighborhood meeting, Zoning Examiner Public Hearing, and Mayor & Council review.  Pima County has already adopted similar provisions.  This process is similar to the City of Flagstaff Conditional Use Permit process which requires a neighborhood meeting, a public hearing before the Planning & Zoning Commission, and City Council review if elected.  Staff from Tucson mentioned that the city has already reduced separation distances for marijuana establishments as the separations required had unintended consequences.

Staff recently participated in a tour of the Noble Herb marijuana establishment in Flagstaff which allowed staff to view the back of house practices of the retail business as well as manufacturing and production of products.  Not all retail establishments include the same level of manufacturing and production of products such as Noble Herb.  This introduces a new level of complexity into the conversation about retail facilities and their potential ancillary uses.  

Staff is requesting direction on the following:
  • Should the proposed zoning code text amendment to allow adult use only marijuana retail establishments be delayed until such time that more cities have adopted similar provisions?
  • Should staff include provisions to require a conditional use permit for all marijuana retail establishments? 

Attachments: Presentation
 
13.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Stacy Saltzburg, City Clerk
Date: 11/07/2022
Meeting Date: 11/15/2022

TITLE
Future Agenda Item Request (F.A.I.R.): A Citizens' Petition to adopt Option 2 of the proposed culvert improvements at HWY 180 and Schultz Creek to complement the Schultz Creek detention basin and provide relief to flood-beleaguered and vulnerable neighborhoods and use available funds and strive for completion before the 2023 monsoon season to protect people and property
STAFF RECOMMENDED ACTION:
Council direction. 
EXECUTIVE SUMMARY:
In accordance with Art. II, Sect. 17 of the Flagstaff City Charter, any citizen may present a written petition to the City Manager, signed by a minimum of 25 citizens from the City...who shall present it to the Council at its next regular meeting. The attached petition was filed with the City Clerk's Office on October 24, 2022, requesting that the City Council adopt Option 2 of the proposed culvert improvements at HWY 180 and Schultz Creek to complement the Schultz Creek detention basin and provide relief to flood-beleaguered and vulnerable neighborhoods and use available funds and strive for completion before the 2023 monsoon season to protect people and property.
INFORMATION:
Chapter 1-12 of the Flagstaff City Code formalizes the information to be required, and the attached petition conforms to those requirements. As outlined in this chapter, the petition is to be submitted to the Council under Future Agenda Item Request (F.A.I.R.) to determine if there is Council interest in placing the item on a future agenda for consideration.

Attachments: Petition #2022-06