ATTENTION
IN-PERSON AUDIENCES AT CITY COUNCIL MEETINGS HAVE BEEN SUSPENDED UNTIL FURTHER NOTICE The meetings will continue to be live streamed on the city's website (https://www.flagstaff.az.gov/1461/Streaming-City-Council-Meetings) PUBLIC COMMENT PROTOCOL The process for submitting a public comment has changed and public comments will no longer be read by staff during the Council Meetings. All public comments will be taken either telephonically or accepted as a written comment. Public comments may be submitted to publiccomment@flagstaffaz.gov If you wish to address the City Council with a public comment by phone you must submit the following information: First and Last Name Phone Number Agenda Item number you wish to speak on If any of this information is missing, you will not be called. We will attempt to call you only one time. We are unable to provide a time when you may be called. All comments submitted otherwise will be considered written comments and will be documented into the record as such. If you wish to email Mayor and Council directly you may do so at council@flagstaffaz.gov. AGENDA
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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). |
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2. | ROLL CALL
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3. | PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
MISSION STATEMENT The mission of the City of Flagstaff is to protect and enhance the quality of life for all. |
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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. |
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5. | APPOINTMENTS Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1). |
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A. | Consideration of Appointments: Airport Commission. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
Make three appointments to terms expiring October 2023.
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6. | CONSENT ITEMS
All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items. |
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A. | Consideration and Approval of Contract: Purchase water and wastewater treatment chemicals through an Invitation for Bids, Bid number 2021-05 (Approve contracts with four (4) vendors for water & wastewater treatment chemicals). | |||||
STAFF RECOMMENDED ACTION: | ||||||
Approve and award three (3) year initial term contracts, with options to extend for two (2) one (1) year renewals, with four (4) national companies for the purchase of bulk water and wastewater treatment chemicals as follows:
Authorize the City Manager to sign all necessary documents.
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B. | Consideration and Approval of Final Plat Ponderosa Parkway LLC requests Final Plat approval for Ponderosa Parkway Condominiums Unit 1—a 26-unit residential condominium subdivision at 1650 E. Ponderosa Parkway on 11.97 acres in the High Density Residential (HR) Zone. | |||||
STAFF RECOMMENDED ACTION: | ||||||
Staff recommends the City Council approve the Final Plat and authorize the Mayor to sign the plat and City Subdivider Agreement when notified by Staff that the documents are ready for recording.
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C. | Consideration and Approval of Contract: Public Defender Services for the Flagstaff Municipal Court | |||||
STAFF RECOMMENDED ACTION: | ||||||
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D. | Consideration and Approval of Contract: Consideration of the Hexagon Contract for the Computer Aided Dispatch (CAD) upgrade for the amount of $709,227.48. | |||||
STAFF RECOMMENDED ACTION: | ||||||
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E. | Consideration and Approval of Contract: Recommend approval of the Firewood Processing contract for the Shultz Pass Log Deck Staging Area with Alamo Navajo School Board, Inc. in the amount of $96,600.00. | |||||
STAFF RECOMMENDED ACTION: | ||||||
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7. | ROUTINE ITEMS | |||||
A. | Consideration and Approval of Preliminary Plat Miramonte Beaver, LLC requests Preliminary Plat approval for Miramonte at Butler Ave.—a condominium subdivision consisting of 32 residential units and one ground floor restaurant space at 207 S. Beaver St. on 0.54 acres in the T5 Main Street Transect Zone. | |||||
STAFF RECOMMENDED ACTION: | ||||||
Staff recommends, based on the required findings and the Planning and Zoning Commission recommendation of approval (5-0 vote), that the City Council approve the Preliminary Plat.
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B. | Consideration and Adoption of Ordinance No. 2020-25: an Ordinance of the Flagstaff City Council amending Flagstaff City Code, Title 3, Business Regulations, Chapter 3-11 Development Fees, by adopting revised Public Safety development fees. | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Ordinance No. 2020-25 by title only for the final time
2) City Clerk reads Ordinance No. 2020-25 by title only (if approved above) 3) Adopt Ordinance No. 2020-25 |
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C. | Consideration and Adoption of Ordinance No. 2020-27: An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff City Code, Title 3 Business Regulations, by adopting a new chapter 3-12 Short-Term Rentals; providing for penalties, repeal of conflicting ordinances, severability, and establishing an effective date | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Ordinance No. 2020-27 by title only for the final time.
2) City Clerk reads Ordinance No. 2020-27 by title only (if approved above) 3) Adopt Ordinance No. 2020-27 |
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D. | Consideration and Adoption of Ordinance No. 2020-26: An ordinance amending Title 11, General Plans and Subdivisions, Division 11-10.30, Specific Plans, to provide clarification regarding the process for adopting and amending specific plans. | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Ordinance No. 2020-26 by title only for the final time
2) City Clerk reads Ordinance No. 2020-26 by title only (if approved above) 3) Adopt Ordinance No. 2020-26 |
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8. | PUBLIC HEARING ITEMS | |||||
A. | Consideration and Adoption of Ordinance No. 2020-29: An ordinance of the City Council of the City of Flagstaff abandoning and authorizing the sale of approximately 1,200 square feet of public right-of-way adjacent to 4013 S. Holland Road; providing for delegation of authority, repeal of conflicting ordinances, severability, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | ||||||
At the November 3, 2020 Council Meeting:
1) Hold Public Hearing 2) Read Ordinance No. 2020-29 by title only for the first time 3) City Clerk reads Ordinance No. 2020-29 by title only (if approved above) At the November 17, 2020 Council Meeting: 4) Hold Public Hearing 5) Read Ordinance No. 2020-29 by title only for the final time 6) City Clerk reads Ordinance No. 2020-29 by title only (if approved above) 7) Adopt Ordinance No. 2020-29 |
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B. | Consideration and Adoption of Resolution No. 2020-59 and Ordinance No. 2020-28: 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 and entitled "Case No. PZ-19-00125 Updates to Zoning Code 2020 - High Occupancy Housing Land Use;" 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 implement the High Occupancy Housing Plan by adopting the High Occupancy Housing Development (HOHD) and Mixed-Use High Occupancy Housing Development (MHOHD) land uses and related standards. | |||||
STAFF RECOMMENDED ACTION: | ||||||
At the November 3, 2020, Council Meeting:
1) Read Resolution No. 2020-59 by title only for the first time 2) City Clerk reads Resolution No. 2020-59 by title only (if approved above) 3) Read Ordinance No. 2020-28 by title only for the first time 4) City Clerk reads Ordinance No. 2020-28 by title only (if approved above) At the November 17, 2020, Council Meeting: 5) Adopt Resolution No. 2020-59 6) Read Ordinance No. 2020-28 by title only for the final time 7) City Clerk reads Ordinance No. 2020-28 by title only (if approved above) 8) Adopt Ordinance No. 2020-28 |
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9. | REGULAR AGENDA | |||||
A. | Consideration and Adoption of Resolution No. 2020-60: A resolution approving an Intergovernmental Agreement between the Summit Fire Medical District, the Highlands Fire District, the Pinewood Fire District, the Ponderosa Fire District and the City of Flagstaff on behalf of the Flagstaff Fire Department to expend grants funds and participate in regional training of emergency services personnel. | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Resolution No.2020-60 by title only
2) City Clerk reads Resolution No. 2020-60 by title only (if approved above) 3) Adopt Resolution No.2020-60 |
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B. | Consideration and Approval of Contract: Approve the Contract to Crandell Research Solutions for Regional Fire Officer Training | |||||
STAFF RECOMMENDED ACTION: | ||||||
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C. | Consideration and Adoption of Ordinance No. 2020-30: An ordinance of the Flagstaff City Council ratifying the grant and reservation of easements; and formally accepting dedications and donations of easements and real property interests; delegating authority; and establishing an effective date. (approving receipt/transfer of easements and real property interests) | |||||
STAFF RECOMMENDED ACTION: | ||||||
At the November 3, 2020 Council Meeting:
1) Read Ordinance No. 2020-30 by title only for the first time 2) City Clerk reads Ordinance No.2020-30 by title only (if approved above) At the November 10, 2020 Council Meeting: 3) Read Ordinance No. 2020-30 by title only for the final time 4) City Clerk reads Ordinance No. 2020-30 by title only (if approved above) 5) Adopt Ordinance No. 2020-30 |
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10. | COUNCIL LIAISON REPORTS | |||||
11. | CITY MANAGER REPORT | |||||
A. | City Manager Report | |||||
i. | Traffic Signal Cabinets Public Art Project | |||||
12. | COVID-19 UPDATE | |||||
13. | INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS | |||||
14. | ADJOURNMENT | |||||
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5.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration of Appointments: Airport Commission. | |||||
STAFF RECOMMENDED ACTION: | |||||
Make three appointments to terms expiring October 2023.
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Executive Summary: | |||||
The Airport Commission consists of seven citizens, and is responsible for reviewing and reporting to the Council on the development of the Airpark and on matters affecting the operation and efficiency of the airport, using the Airport Master Plan as a guide. There are currently three seats available. It is important to fill vacancies on Boards and Commissions quickly so as to allow the Commission to continue meeting on a regular basis.
There are four applications on file and they are as follows: Jose Alvarado (new applicant)
Christina Caldwell (current commissioner) Cal McLoy (new applicant) David Steiner (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: Vice Mayor Shimoni, Councilmember McCarthy, Mayor Evans. |
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Financial Impact: | |||||
These are voluntary positions and there is no budgetary impact to the City of Flagstaff. | |||||
Policy Impact: | |||||
None. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
There is no Council goal that specifically addresses appointments to Boards and Commissions; however, boards and commissions do provide input and recommendations based on City Council goals that may pertain to the board or commission work plan. | |||||
Has There Been Previous Council Decision on This: | |||||
None. | |||||
Options and Alternatives: | |||||
1) Appoint three Commissioners: by appointing members at this time, the Airport Commission will be at full membership, allowing the group to meet and provide recommendations to the City Council. 2) Table the action to allow for further discussion or expand the list of candidates. |
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Community Involvement: | |||||
The City's boards, commissions, and committees were created to foster public participation and input and to encourage Flagstaff citizens to take an active role in city government. | |||||
Expanded Options and Alternatives: | |||||
INFORM: Board members and City staff have informed the community of these vacancies though word of mouth in addition to the vacancies being posted on the City's website. | |||||
Attachments: | Airport Commission Authority |
6.A.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Consideration and Approval of Contract: Purchase water and wastewater treatment chemicals through an Invitation for Bids, Bid number 2021-05 (Approve contracts with four (4) vendors for water & wastewater treatment chemicals). | |||||
STAFF RECOMMENDED ACTION: | |||||
Approve and award three (3) year initial term contracts, with options to extend for two (2) one (1) year renewals, with four (4) national companies for the purchase of bulk water and wastewater treatment chemicals as follows:
Authorize the City Manager to sign all necessary documents.
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Executive Summary: | |||||
Chemicals represent a large investment in the effective operation of Flagstaff Water Services treatment plants. These chemicals are critical to the treatment of water and wastewater in order to comply with water quality regulations and ensure the public's safety. These chemicals are unavailable in the City of Flagstaff and must be delivered; many are located outside of Arizona. Bulk chemicals are purchased by each treatment plant on an as-needed basis based on the demand for water, reclaimed water, and the treatment of wastewater. These chemicals disinfect and remove impurities from all water sources including potable drinking water, reclaimed water, and wastewater. These purchase amounts exceed administrative authority and require action by the City Council. |
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Financial Impact: | |||||
These competitively bid contracts will reduce the financial impacts to the Water Services Division, consolidating the purchasing needs of these chemicals for Water Production, Wastewater Treatment, and Reclaimed Water Sections. Funding to purchase chemicals is budgeted within Water Services treatment plant budgets for Lake Mary, Rio de Flag, Wildcat Hill, and Reclaim Water. | |||||
Policy Impact: | |||||
None
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Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives
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Has There Been Previous Council Decision on This: | |||||
Yes, City Council approved similar bulk chemical purchase contracts from bids in 2006, 2009, and 2015. | |||||
Options and Alternatives: | |||||
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Background and History: | |||||
Chemicals represent a large investment in the effective operation of the Water Services Division's treatment plants. Water Services use the following chemicals for the respective purposes:
The recommended award was procured by Purchasing staff through a formal solicitation. An Invitation for Bid (IFB) was posted on PlanetBids from July 16, 2020, to August 19, 2020, and an advertisement was placed in The Arizona Daily Sun on July 26 & August 2 of 2020. Five companies submitted bids: DPC Enterprises, Hill Brothers Chemical, Applied Specialties, Univar Solutions, and Thatcher. After reviewing all the bids, all but Applied Solutions are considered to be the lowest responsive, responsible bidders. |
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Key Considerations: | |||||
By establishing contract pricing and defining delivery requirements, the City receives a consistent product at the best possible purchase price. | |||||
Community Benefits and Considerations: | |||||
Flagstaff Water Services annually budgets for the purchase of these chemicals within the following operational sections: Lake Mary Water Treatment Plant, Rio de Flag Water Reclamation Plant, and Wildcat Hill Wastewater Treatment Plant. The FY21 allocations are as follows: Lake Mary Water Treatment Plant 202-08-301-1011-0-4362: $308,200 Wildcat Hill Wastewater Treatment Plant 203-08-311-1111-0-4362 & 1116-0-4362: $170,000 Rio De Flag Water Reclamation Plant 203-08-312-1121-0-4362: $45,000 Reclaim 204-08-321-1202-0-4362: $75,000 |
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Community Involvement: | |||||
Maintaining water quality standards is a prime benefit to the community. | |||||
Attachments: | DPC contract | ||
DPC Attachment 1 | |||
Hill Brothers contract | |||
Hill Brothers Attachment 1 | |||
Thatcher contract | |||
Univar contract | |||
Univar Attachment 1 |
6.B.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Approval of Final Plat Ponderosa Parkway LLC requests Final Plat approval for Ponderosa Parkway Condominiums Unit 1—a 26-unit residential condominium subdivision at 1650 E. Ponderosa Parkway on 11.97 acres in the High Density Residential (HR) Zone. | |||||
STAFF RECOMMENDED ACTION: | |||||
Staff recommends the City Council approve the Final Plat and authorize the Mayor to sign the plat and City Subdivider Agreement when notified by Staff that the documents are ready for recording.
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Executive Summary: | |||||
This is a request for Final Plat approval for a 26-unit residential condominium subdivision known as Ponderosa Parkway Condominiums Unit 1. The site is in the High Density Residential (HR) Zone and has a Resource Protection Overlay (RPO). Unit 1 consists of 26 residential units distributed across two buildings. It is the first phase of a larger three-phase condominium subdivision—Ponderosa Parkway Condominiums—consisting of 169 residential units distributed across 13 three-story buildings (13 units per building). The overall project is providing a total of 16 attainable housing units per the Development Agreement. The applicant has not provided a phasing plan for how these units will be provided. | |||||
Financial Impact: | |||||
No financial liabilities are anticipated by the approval of this Final Plat. | |||||
Policy Impact: | |||||
There are no policy impacts affiliated with this Final Plat. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
PBB Key Community Priorities/Objectives Robust Resilient Economy - Grow and strengthen a more equitable and resilient economy. Flagstaff Regional Plan
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Has There Been Previous Council Decision on This: | |||||
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Options and Alternatives: | |||||
1. Approve the Final Plat with no conditions. 2. Approve the Final Plat with conditions. 3. Deny the Final Plat based on non-compliance with the Zoning Code, the Subdivision Code, and/or the Engineering Design Standards and Specifications for New Infrastructure. |
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Background and History: | |||||
On February May 28, 2019, the Inter-Division Staff approved a Site Plan for 169 new residential units distributed across 13 three-story buildings pending a successful Zoning Map Amendment from RR to HR, which City Council approved on September 3, 2019. Staff approved Civil Engineering Plans in June 2020; the applicant also has approved permits for on-site grading and retaining walls, and public improvements. City Council approved the Preliminary Plat for entire development—Ponderosa Parkway Condominiums—on July 7, 2020. However, the applicant has opted to phase the development. Therefore, the focus of this Final Plat request is the first of three phases: Ponderosa Parkway Condominiums Unit 1, which consists of 26 residential units in two three-story buildings (13 units per building). Staff approved this Final Plat on October 16, 2020. The residential units range from studio to three-bedroom units and are approximately 500 to 1,300 square feet. The applicant has elected to construct the buildings to meet the Residential Sustainability Building Standards in Section 10-30.70.040 of the City of Flagstaff Zoning Code. This type of construction provided the applicant with up to a 25% density bonus (the HR Zone density range is 10-22 units per acre but the maximum is 13 units per acre in a Suburban Activity Center designated in the Flagstaff Regional Plan). Thus, the applicant would be allowed to increase density from 156 to 195 units; the applicant elected to build 169 units total. The applicant has also committed to providing 16 “Attainable Housing Units” across the entire 169-unit development. These units will be disbursed throughout the development to the greatest extent feasible (with no exterior difference between the attainable and market-rate units). The units will be sold at or below 100% of the Area Median Income (“AMI”) affordability level. The project will make several improvements on the site and in the adjacent right of way in response to requirements identified by public systems analyses conducted at Site Plan. They include a new right-turn lane in the middle of the three driveways that will provide access to the site off Ponderosa Parkway, four (4) LID (Low Impact Development) basins to capture and meter out stormwater, and new 12-inch water and sewer lines along Ponderosa Parkway. |
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Key Considerations: | |||||
Staff approval of the Site Plan in 2019 and the Civil Engineering Plans in 2020 signifies the project complies with Title 10: Zoning Code and Title 13: Engineering Design Standards and Specifications for New Infrastructure. Thus, the developer was permitted to apply for additional grading and other permits, which have since been approved. However, the applicant has opted to create a Condominium Plat to separate ownership of each unit from ownership of the land beneath. In this case, ownership is of the airspace within each unit and the limited common elements (porches, decks) associated with each unit. Shared areas inside each building and the spaces between the floor plates and walls are considered “common elements.” Tract “A” contains all areas outside of the buildings and the limited common elements. It is dedicated as a common element to the owner association and as a public utility easement for service to the condominiums. It includes tree and slope resources, amenities, private access easements, and drainage and detention basins. Staff approval of the Final Plat on October 16, 2020, signifies the project complies with Title 11, General Plans and Subdivisions. On June 10, 2020 the Planning and Zoning Commission voted 5-0 in favor of forwarding this Preliminary Plat to the City Council with a recommendation of approval.” |
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Community Involvement: | |||||
The community benefits that this project brings are encapsulated in the Regional Plan goals that it meets, such as promoting economic development, providing a diversity of house types at a variety of price points, and integrating open space characteristics into development. | |||||
Expanded Options and Alternatives: | |||||
Inform. No public hearings or public outreach are required by either the Zoning Code or the Subdivision Code as part of the Preliminary Subdivision Plat review process. | |||||
Attachments: | Vicinity Map | ||
Presentation | |||
Application | |||
City/Subdivider Agreement | |||
Final Plat |
6.C.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Consideration and Approval of Contract: Public Defender Services for the Flagstaff Municipal Court | |||||
STAFF RECOMMENDED ACTION: | |||||
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Executive Summary: | |||||
This agreement allows for the use of a Public Defender to represent indigent clients for all court settings, including but not limited to pre-trial conferences, evidentiary hearings, motions in limine, trials, sentencing, change plea hearings, and revocation of probation hearings. In addition, the Public Defender shall attend all court settings arising out of Appeals and Special Actions on Flagstaff Municipal Court decisions. The appointed Public Defender shall be responsible for providing personal consultation with clients prior to pre-trial conferences when requested or otherwise appropriate and for interviews of all witnesses. The Public Defender is required to maintain personal contact with the defendant until the case is terminated and is required to reasonable diligence in notifying a defendant of official court actions resulting from the defendant's nonappearance at a scheduled court session. The contract amount exceeds Administrative authority and requires City Council action. |
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Financial Impact: | |||||
The Municipal Court has a budget of $414,350 for fiscal year 2020-21 in the General Fund account 001-01-016-0060-1-4205 (Legal Fees). The contract has been negotiated to allow for an annual increase of 2%, down from 3% to account for inflation. | |||||
Policy Impact: | |||||
Legal representation is required per the Arizona Revised Statutes Rules of Criminal Procedure - Rule 6.2. Appointment of Counsel for Indigent Defendants. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives
Safe & Healthy Community - Foster a safe secure and healthy community by providing adequate funds for the public defender contract, that provides the legal representation of counsel for indigent individuals charged with a crime in the Flagstaff Municipal Court, in compliance with Arizona Rules of Criminal Procedure – Rule 6 Right to Counsel.
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Has There Been Previous Council Decision on This: | |||||
City Council has approved the use of contracted Public Defender Service for the last 20 years. | |||||
Options and Alternatives: | |||||
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Background and History: | |||||
On June 15, 2020, Purchasing posted a Request for Proposals for Public Defender Services on the PlanetBids website and advertised the RFP in the Arizona Daily Sun on June 17 and 24 of 2020. There was one (1) proposal received from Harris and Winger and was opened electronically on July 17, 2020. A five-member Selection Committee consisting of City staff reviewed and evaluate the proposal. Based upon the numerical scoring of the proposal, the Selection Committee determined that Harris and Winger was very qualified to perform the Public Defender services. Harris and Winger scored very high (2280 out of 2500 points), and demonstrated clear knowledge and experience providing public defender services, as well as the needs of the City. Additionally, Harris and Winger's fee in their original proposal included a 3% annual increase beginning in 2021, staff has negotiated the percentage down to 2% annually. |
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Key Considerations: | |||||
Harris and Winger, P.C. has extensive experience defending the rights of people arrested and accused of criminal offenses. This firm has served as the Public Defender for the City of Flagstaff for the past 20 years. This contract will allow for the continuance of a solid relationship with the City Court Administration. | |||||
Community Involvement: | |||||
This contract will provide Public Defender services for individuals who otherwise could not afford legal representation. | |||||
Attachments: | Public Defender Contract |
6.D.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Consideration and Approval of Contract: Consideration of the Hexagon Contract for the Computer Aided Dispatch (CAD) upgrade for the amount of $709,227.48. | |||||
STAFF RECOMMENDED ACTION: | |||||
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Executive Summary: | |||||
Staff is requesting approval of the contract for the Computer Aided Dispatch (CAD) software and hardware upgrade with Hexagon. The CAD upgrade has been delayed several years due to budget constraints and we are now at the point where the upgrade is critical to continuing operations. The last upgrade was in 2011. The contract is for the Flagstaff Police Department Communications Center. The current CAD software is version 9.1. The contract would upgrade the system to version 9.4. Version 9.1 is no longer supported by Hexagon. The hardware is currently out of warranty, expired and leaves us open to cyber-attacks. The Communications Center has recently experienced several failures with our current system due to the age of the software and hardware. Failures in the system could cause a delay in our ability to dispatch first responders to life threatening emergencies. The attached Scope of Work outlines the cost of the software and hardware. The purchase of the CAD upgrade provides efficient and effective emergency communication of the Flagstaff 911 Communications Center. The amount requested includes the software, hardware, and taxes. In accordance to IGA A2005-0118 #2 section 9-e the City of Flagstaff will “pay for the cost of the software upgrades and maintenance contracts for CAD and RMS. Flagstaff will invoice the other parties to this agreement for their pro rata share of software upgrades and maintenance contracts”. We receive contributions to offset the cost from our partners. |
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Financial Impact: | |||||
The budget team approved $550,000 for the CAD software upgrade and $275,000 for the hardware replacements. To offset the cost of the hardware we froze two dispatch positions and used salary savings from vacant officer positions. These “dispatch” costs are shared with the County, Forest Service, NPS, NAU and Fire Departments based on the shared law enforcement facility Intergovernmental Agreement. Forest Service, BNSF, and National Park Service (NPS) each pay $5,000 each year for limited dispatch services. The individual fire departments pay a fee per call. The estimated fee per call for FY21 is $45.57. The Coconino County Sheriff’s Office pays approximately $188,512 of the shared cost and NAU pays approximately $30,000. | |||||
Policy Impact: | |||||
None.
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Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives High Performing Governance: Serve the public by providing high quality internal and external customer service. High Performing Governance: Encourage public trust through transparency, accessibility and use of the City’s public participation policy. High Performing Governance: Become an employer of choice and provide employees with the necessary tools, training and support. Safe and Healthy Community: Provide public safety with the resources, staff and training to respond to community needs. Team Flagstaff Strategic Plan: Provide exceptional service. |
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Has There Been Previous Council Decision on This: | |||||
Yes. This software has been utilized by the City's Police Department for some 15 years. The last CAD upgrade was approved by Council in 2011. | |||||
Options and Alternatives: | |||||
Approval of this contract will allow the Flagstaff 911 Communications Center to update this crucial operating system. Disapproval will not allow us to complete the upgrade leading to failures of the system that is no longer supported by Hexagon. | |||||
Background and History: | |||||
The Flagstaff Police Department is responsible for the management of the Flagstaff 911 Communications Center. This Communications Center is the primary 911 center for southern Coconino County and the primary dispatch for four (4) law enforcement agencies and six (6) fire agencies. We interact with 42 other public safety agencies when determining the best responses to calls for service involving law enforcement, fire and medical requests. | |||||
Key Considerations: | |||||
Software and Hardware upgrades are crucial to our CAD system and users. This upgrade will also provide the options to integrate upcoming technology like Text-to-911. The upgrade will also make the processing and storage of those calls faster and easier to process. CAD is used to originate calls for service therefore it is important that we continue to expand our ability to document and track how calls for service are best handled in our Communications Center. CAD uses Global Positioning Systems (GPS) to track and dispatch the closest fire units to fire calls ensuring that the citizens are provided the best and fastest service possible. | |||||
Community Involvement: | |||||
The CAD is an integral system to 911 to allow the Flagstaff 911 Communications Center to provide the best possible emergency response to the citizens, visitors, and the many agencies the Communications Center dispatches for. | |||||
Attachments: | CAD SOW | ||
Sole Source Justification |
6.E.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Consideration and Approval of Contract: Recommend approval of the Firewood Processing contract for the Shultz Pass Log Deck Staging Area with Alamo Navajo School Board, Inc. in the amount of $96,600.00. | |||||
STAFF RECOMMENDED ACTION: | |||||
|
|||||
Executive Summary: | |||||
This contract will fund the processing of a log deck into firewood. The logs are located on Shultz Pass Rd and were cut as part of the Flagstaff Watershed Protection Project (FWPP) Steep Slope cut units. All City funds used for this contract will be reimbursed through the USFS Midway Challenge Cost Share Agreement 19-CS-11030408-025. An estimated 2500+ cords of firewood will be processed. City staff are working with the USFS, National Forest Foundation, ECONA, Wood for Warmth and Red Feather to distribute this firewood to those most in need, for example tribal communities. | |||||
Financial Impact: | |||||
The Midway Cost Share Agreement (19-CS-11030408-025) between the City of Flagstaff and the USDA Coconino National Forest, approved by Council and signed by the City Manager on September 24, 2019, provides full reimbursement to the City for this contract. No FWPP voter approved bond funds will be utilized for this work. City staff time to manage this contract is included as a matching component within the Midway Cost Share Agreement. | |||||
Policy Impact: | |||||
Implementation of this contract will:
1. Support the goals of the Greater Flagstaff Community Wildfire Protection Plan adopted by Council in 2005 3. Support the efforts of the Flagstaff Watershed Protection project approved by voters in 2012 4. Promotes the State's Forest Action Plan 5. Advances the National Cohesive Wildland Fire Management Strategy. |
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Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives High Performing Governance
Regional Plan Regional Plan
This effort supports the Team Flagstaff Strategic Plan, Mission and Vision. Protecting our watersheds and water infrastructure from the impacts of catastrophic wildfire enhances the quality of life for Flagstaff citizens while providing “a balance of economic, environmental, educational and cultural opportunities” for all. |
|||||
Has There Been Previous Council Decision on This: | |||||
Yes: Council approved the Midway Challenge Cost Share Agreement 19-CS-11030408-025 on October 15th, 2019. Firewood processing was one of the six tasks in this agreement | |||||
Options and Alternatives: | |||||
Option 1: Approve the contract, permitting firewood processing work to proceed as planned. Option 2: Reject the contract, resulting in delays that will reduce the likelihood that this firewood can be made available to the public before winter. |
|||||
Background and History: | |||||
The Midway Challenge Cost Share Agreement is an integral part of the collaborative forest restoration effort in the Dry Lake Hills area of the FWPP footprint. This agreement also supports the post-Museum Fire recovery effort. This contract will implement one of the six approved Statements of Work (SoW) within the Midway Challenge Cost Share Agreement. Purchasing staff conducted a formal procurements process and solicited bids from contractors in this field. Solicitation #2021-14 was posted on PlanetBids from August 25, 2020 to September 21, 2020 and published in the Arizona Daily Sun August 30, 2020 and September 6, 2020. There were two contractors that proposed. The lowest responsible, responsive bidder is Alamo Navajo School with $96,000.00. Alamo Navajo School - $96,000.00 High Desert Investment - $198,000.00 |
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Key Considerations: | |||||
This contract will implement one of the tasks in the Midway Cost Share Agreement approved by Council in October 2019. Although this contract is only funding the processing of the logs into firewood, FFD staff will work with many internal and external partners to help provide this firewood to vulnerable communities within Flagstaff and to tribal areas outside of Flagstaff. City procurement process will be utilized to solicit, evaluate, and award projects. City staff will manage, oversee, and approve work for payment to contractors and will be reimbursed by US Forest Service. The contractor will be required to follow USFS restrictions, precautions and Industrial Fire Plan guidelines. |
|||||
Community Involvement: | |||||
This contract will fund the processing of logs into firewood. It is expected that over 2500 cords will be processed. City staff will work with partners to find ways to get this firewood to vulnerable communities in Flagstaff and Tribal areas outside of Flagstaff. | |||||
Expanded Options and Alternatives: | |||||
Public participation was not part of this contracting process. Community involvement will play a significant role in the distribution of the firewood processed through this contract. |
|||||
Attachments: | Log Deck | ||
Log Deck location - Shultz Pass Staging Area | |||
Log Deck v2 | |||
Log Deck v3 | |||
2021-14 Firewood Contract |
7.A.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Consideration and Approval of Preliminary Plat Miramonte Beaver, LLC requests Preliminary Plat approval for Miramonte at Butler Ave.—a condominium subdivision consisting of 32 residential units and one ground floor restaurant space at 207 S. Beaver St. on 0.54 acres in the T5 Main Street Transect Zone. | |||||
STAFF RECOMMENDED ACTION: | |||||
Staff recommends, based on the required findings and the Planning and Zoning Commission recommendation of approval (5-0 vote), that the City Council approve the Preliminary Plat.
|
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Executive Summary: | |||||
This is a request for Preliminary Plat approval for a 32-unit residential condominium subdivision known as Miramonte at Butler Ave. This project has already been approved administratively and construction has commenced on the site. Approval of this plat will enable the applicant to sell the units instead of renting them. There is no Affordable Housing affliated with this development. |
|||||
Financial Impact: | |||||
No financial impacts are anticipated with this Preliminary Plat. | |||||
Policy Impact: | |||||
There are no policy impacts affiliated with this Preliminary Plat. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
PBB Key Community Priorities/Objectives Robust Resilient Economy - Grow and strengthen a more equitable and resilient economy. Regional Plan Policies and Goals
|
|||||
Has There Been Previous Council Decision on This: | |||||
No. | |||||
Options and Alternatives: | |||||
1. Approve the Preliminary Plat with no conditions, as recommended by the Planning and Zoning Commission. 2. Approve the Preliminary Plat with conditions. 3. Deny the Preliminary Plat based on non-compliance with the Zoning Code, the Subdivision Code, and/or the Engineering Design Standards and Specifications for New Infrastructure. |
|||||
Background and History: | |||||
Inter-Division Staff (IDS) approved the Site Plan for the development (PZ-18-00194-01) on August 8, 2019, and approved a Minor Modification to the Site Plan on October 21, 2019 (PZ-18-00194-02). Civil Engineering Plans were approved on April 13, 2020 (PZ-18-00194-03). City staff approvals were based on conformance with all relevant City Development Standards. The applicant intends to submit Building Permit applications shortly. The project is being developed according to the standards for the T5 Main Street Transect Zone, the Commercial Block Building Type, and the Shopfront Private Frontage Type. It contains a 2,704 sq. ft. restaurant space on floor 1, and 32 residential units on floors 2 – 5. There are eight units per floor, and they are one, two, and three-bedroom units. They range from 722 to 1,279 square feet. IDS approved the Preliminary Plat on September 10, 2020. On October 14, 2020, the Planning and Zoning Commission voted 5-0 in favor of forwarding the Preliminary Plat to the City Council with a recommendation of approval. |
|||||
Key Considerations: | |||||
Staff approval of the Site Plan, Civil Engineering Plans, and Preliminary Plat signifies that the project complies with Title 10: Zoning Code, Title 11, General Plans and Subdivisions, and Title 13: Engineering Design Standards and Specifications for New Infrastructure. Thus, the applicant was permitted to apply for additional grading and other permits, which have since been approved. However, the applicant has opted to create a Condominium Plat to allow the units to be sold individually (without this condominium plat, the units would be apartments). In this case, ownership is of the airspace within each unit and of the limited common elements (porches, decks) associated with each unit. Shared areas inside each building and the spaces between the floor plates and walls are considered “common elements.” Tract “A” contains all areas outside of the buildings and the limited common elements. It will be maintained by the Homeowner's Association and will be used for parking and landscaping, and as a private drainage and utility easement. |
|||||
Community Involvement: | |||||
The community benefits of this project are encapsulated in the PBB Key Community Priorities/Objectives and the Regional Plan goals and policies that it meets, such as promoting economic development, providing a diversity of house types, and encouraging compact, infill development in an existing activity center. | |||||
Expanded Options and Alternatives: | |||||
Inform. No public hearings or public outreach are required by either the Zoning Code or the Subdivision Code as part of the Preliminary Subdivision Plat review process. | |||||
Attachments: | Application | ||
Preliminary Plat | |||
Council Presentation | |||
Vicinity Map | |||
Landscape Plan | |||
Utility Letters | |||
Miramonte at Butler Preliminary Plat - Staff Report |
7.B.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Consideration and Adoption of Ordinance No. 2020-25: an Ordinance of the Flagstaff City Council amending Flagstaff City Code, Title 3, Business Regulations, Chapter 3-11 Development Fees, by adopting revised Public Safety development fees. | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Ordinance No. 2020-25 by title only for the final time
2) City Clerk reads Ordinance No. 2020-25 by title only (if approved above) 3) Adopt Ordinance No. 2020-25 |
|||||
Executive Summary: | |||||
Arizona Revised Statute § 9-463.05 allows a municipality to assess development fees to offset costs to the municipality associated with providing necessary public services to a development, including the costs of infrastructure, improvements, real property, engineering and architectural services, as well as financing and professional services required for the preparation or revision of a development fee, including the required land use assumptions and infrastructure improvements plan. Municipalities are required to update their land use assumptions and infrastructure improvements plan at least every five years. Development fees assessed by the City are required to result in a beneficial use to the development and may not exceed a proportionate share of the cost of necessary public services to the development. Development fees can only be used for public services identified in the adopted infrastructure improvement plan including construction, acquisition, or expansion of public facilities. Development fees may not be used for repair or maintenance of existing or new public services, or for facility expansions. Also, the statute requires fees must be collected at the time the building permit is issued and cannot be delayed until the certificate of occupancy. |
|||||
Financial Impact: | |||||
Development fees collected will be used to help fund capital improvements and equipment necessary to meet the demand generated by new residential and non-residential growth. The alternative to development fees is to identify the impact of each project during the entitlement process and include public safety fees in a project development agreement, then either to fund increased demand through general fund revenues, or decrease the level of service. | |||||
Policy Impact: | |||||
The City is in the process of completing the steps required by the State of Arizona to support continuation of the public safety development fee program. Staff believes development fees provide a consistent and predictable expense for the construction industry and predictable revenue for the City's public safety capital budget. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives Safe & Healthy Community
Goal CD.1 - Improve the City and County financial systems to provide for needed infrastructure development and rehabilitation, including maintenance and enhancement of existing infrastructure. Policy CD.1.3. - Analyze the feasibility of expanding development fees within the City of Flagstaff, which may enable future development to provide for adequate off-site improvements and facilities. Policy CD.1.5 - Require that new development pay for a fair and rough proportional share of public facilities, services, and infrastructure. |
|||||
Has There Been Previous Council Decision on This: | |||||
The City of Flagstaff adopted police and fire development fees in 2008. Since then the public safety development fees have been readopted twice: in 2011 and in 2014. The City Council held a work session on the draft Land Use Assumptions (LUA) and Infrastructure Improvement Plan (IIP) on January 7, 2020. The City Council then held a public hearing on the draft LUA and IIP on February 28, 2020. The Council agreed with the direction to schedule the adoption of the LUA and IIP for April 7, 2020. After the adoption of the LUA and IIP, another work session was held with Council on June 30, 2020, to discuss what fees should be adopted. A public hearing on the proposed development fees was held on September 15, 2020. |
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Options and Alternatives: | |||||
|
|||||
Background and History: | |||||
At the January 7, 2020 work session, City consultant TischlerBise provided an overview of the draft Land Use Assumptions (LUA) and Infrastructure Improvement Plan (IIP). After receiving public input at the February 18, 2020 public hearing, Council adopted the LUA and IIP on April 7, 2020. The Land Use Assumptions (LUA) are found in Appendix C (page 22) of the November 3, 2020 TischlerBise report. The LUA provides demographic estimates and development projections that are used to prepare the IIP and calculate development fees. Key land use assumptions for the City of Flagstaff development fee study are population, housing units, and employment projections. During the next 10 years, citywide development projections indicate an average increase of approximately 560 housing units per year and approximately 130,000 square feet of nonresidential floor area per year. The LUA provides an analysis of single-family and multi-family residential units by bedroom size. The average person per household increases as the number of bedrooms increase, thus increasing the demand for services. This methodology provides a more accurate estimate of the demand generated by residential units. The report also includes the methodology to develop the IIP for both fire and polices services. Development fees for the necessary public services required for new development must be based on the same level of services (LOS) provided to existing development in the service area. There are three basic methodologies used to calculate development fees. They examine the past, present, and future status of infrastructure. Reduced to its simplest terms, the process of calculating development fees involves two main steps: 1) determining the cost of development-related capital improvements and 2) allocating those costs equitable to various types of development. Fire fees will be used to fund facilities, apparatus, and communications equipment as well as the cost of preparing the Fire Facilities IIP and related Development Fee Report. Polices fees will provide for facilities, vehicles, and communications equipment. The demand for specific services is summarized through the IIP and schedules of Fire Facilities Development Fees (Figure F11, page 17) and Police Facilities Development Fees (Figure P11, page 28) are found in the report. |
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Key Considerations: | |||||
Development fees assessed provide a predictable standard that all developers and builders can plan for as they consider new projects in our community. Should development fees not be assessed, a similar financial consideration for maintaining current public safety levels may be considered. However, negotiations with each developer will occur separately which may result in an unequal and inconsistent burden due to the timing and result of each project. | |||||
Community Involvement: | |||||
Development fees assess new development their fair share of the costs to expand services that will maintain the current level of service. Alternative funding sources would be required to maintain services or a reduction in the level of service to the entire community could be considered. | |||||
Expanded Options and Alternatives: | |||||
Inform: The attached report was published on the City's website as is required by Arizona Revised Statutes. A public hearing notice was published in the Arizona Daily Sun on Saturday, August 15, 2020. Consult: Two public hearings have been held in relation to the adoption of public safety development fees. The first was specific to the adoption of the Land Use Assumptions and Infrastructure Improvement Plan while the second was in regards to the proposed development fee study. Throughout this last year, staff has made presentations and provided additional information to the Chamber of Commerce, City of Flagstaff Housing Commission and Planning & Zoning Commission, Northern Arizona Building Association, and the Northern Arizona Association of Realtors. |
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Attachments: | Ord. 2020-25 | ||
LUA, IIP and Development Fee Study | |||
Presentation |
7.C.
| |||||||||||||
CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
|
TITLE: | |||||
Consideration and Adoption of Ordinance No. 2020-27: An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff City Code, Title 3 Business Regulations, by adopting a new chapter 3-12 Short-Term Rentals; providing for penalties, repeal of conflicting ordinances, severability, and establishing an effective date | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Ordinance No. 2020-27 by title only for the final time.
2) City Clerk reads Ordinance No. 2020-27 by title only (if approved above) 3) Adopt Ordinance No. 2020-27 |
|||||
Executive Summary: | |||||
A short-term rental (STR) is a single-family residence, unit within a condominium, cooperative or timeshare, or owner-occupied residential home that is rented for lodging accommodations of 30 days or less ("transient lodging"). It will also include a unit in a multiple-family dwelling unit offered for transient lodging. The Short-Term Rental Ordinance will bring the City in line with current State law regarding short-term rental rules and regulations and provide clear and consistent messaging to our residents. This ordinance outlines the expectations, rules and regulations that come with operating a short-term rental (STR). The key takeaways of this ordinance’s requirements are:
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Financial Impact: | |||||
By ensuring all short-term rentals are obtaining a Transaction Privilege Tax (TPT) license from the Arizona Department of Revenue, the City expects that its local tax revenues from STRs will rise. STRs are required to pay the same local TPT rate as hotels (4.281%) of gross revenue from taxable activity. Although the ordinance will not be effective until January 1, 2021, STRs should already have TPT licenses and be remitting taxes to the Arizona Department of Revenue per existing state law. |
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Policy Impact: | |||||
This ordinance will help ensure that hotels and STRs are subject to the same tax treatment, as they are engaging in similar taxable business activity. This ordinance will also help us to better understand the number of STRs operating in the community, the effects of STRs on housing supply and the hotel industry in general, which may affect future policy decisions. The ordinance will also help STRs be operated in conformance with our land use codes that protect public health and welfare. | |||||
Connection to PBB Key Community Priorities/Objectives & 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. Livable Community: Achieve a well maintained community through comprehensive and equitable code compliance. |
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Has There Been Previous Council Decision on This: | |||||
No. | |||||
Background and History: | |||||
In 2016 the Arizona Legislature preempted municipalities from taking action that would prohibit STRs (SB 1350). In 2019 the Arizona Legislature passed HB 2762 allowing municipalities to require specific information as it relates to STRs, and gave some additional flexibility in how municipalities could regulate these properties. On September 15, 2020, Council approved a contract with LodgingRev for software that would assist the City track, monitor, and enforce STRs. This software also allows STR owners the ability to register with the City free of charge. This software will also greatly assist our Code Compliance staff with enforcement related to this ordinance. It was estimated in September 2020 that there are between 1300 - 1700 unique short-term rental properties operating within the City of Flagstaff municipal boundary. |
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Attachments: | Ord. 2020-27 |
7.D.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Consideration and Adoption of Ordinance No. 2020-26: An ordinance amending Title 11, General Plans and Subdivisions, Division 11-10.30, Specific Plans, to provide clarification regarding the process for adopting and amending specific plans. | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Ordinance No. 2020-26 by title only for the final time
2) City Clerk reads Ordinance No. 2020-26 by title only (if approved above) 3) Adopt Ordinance No. 2020-26 |
|||||
Executive Summary: | |||||
Title 11 of the City Code provides procedures and standards for the adoption, amendment and readoption of the City’s General Plan and specific plans in accordance with A.R.S. § 9-461.01 et. seq. The proposed amendments provide additional detail and clarification regarding the process for adopting and amending specific plans. | |||||
Financial Impact: | |||||
None. | |||||
Policy Impact: | |||||
None. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives Ensure the built environment is safe through the use of consistent standards, rules and regulations, and land use practices (SP)3.2/ 3.4/ (RP)PF.1-3/ LU.7/ E&C.3/ T.2/ T.5-8/ WR.2/ WR.5-6/ NH.4 Regional Plan Policy LU.4.1. Develop neighborhood plans, specific plans, area plans, and master plans for all neighborhoods, activity centers, corridors, and gateways as necessary. |
|||||
Has There Been Previous Council Decision on This: | |||||
No. | |||||
Attachments: | Ord. 2020-26 |
8.A.
| |||||||||||||
CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
|
TITLE: | |||||
Consideration and Adoption of Ordinance No. 2020-29: An ordinance of the City Council of the City of Flagstaff abandoning and authorizing the sale of approximately 1,200 square feet of public right-of-way adjacent to 4013 S. Holland Road; providing for delegation of authority, repeal of conflicting ordinances, severability, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | |||||
At the November 3, 2020 Council Meeting:
1) Hold Public Hearing 2) Read Ordinance No. 2020-29 by title only for the first time 3) City Clerk reads Ordinance No. 2020-29 by title only (if approved above) At the November 17, 2020 Council Meeting: 4) Hold Public Hearing 5) Read Ordinance No. 2020-29 by title only for the final time 6) City Clerk reads Ordinance No. 2020-29 by title only (if approved above) 7) Adopt Ordinance No. 2020-29 |
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Executive Summary: | |||||
The property owner of a single family home at 4013 S. Holland Road has requested the city abandon and sell public right-of-way located adjacent to the home's southern side yard. The adjacent road sits above the subject property and the owner would like to relocate a fence closer to the sidewalk to provide more privacy and to beautify the property with landscaping. The University Terrace Unit 2 plat dedicated 62.67 feet of right-of-way to accommodate the local street and a segment of the FUTS. The typical local street has 50 feet of right-of-way. The FUTS has been installed and staff has determined excess right-of-way exists. The proposal is to abandon and sell 10 feet by 120 feet along the property line adjacent to 4013 S. Holland Road (Lot 14 University Terrace). The new right-of-way/property line would be located approximately 3 feet off of the FUTS. The total area is approximately 1200 square feet and shown on the attached concept sketch. A presentation with photos of the location will be attached prior to the final agenda. The proposed abandonment/sale of City-owned right of way requires City Council action. |
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Financial Impact: | |||||
City staff has not obtained an appraisal or legal description of the property proposed for abandonment due to cost concerns. If City Council approves the first reading of the ordinance, City staff will obtain a legal description of the property proposed for abandonment prior to the second reading and adoption. The public right-of-way was dedicated to the City at the time the plat was recorded and improved by the developer of University Terrace Unit 2. After the public improvements were completed by the developer, the City spent $7,925 on additional landscaping in an attempt to address the adjacent property owner's concerns with the final grading and privacy. Additional expenses will include creating a legal description for the property to be vacated and if approved, a surveyor will need to set the new boundary pins. The plat will also need to be revised. Should the property be sold, the property will be returned to the public property tax rolls. Staff used two methods to derive an estimated value of the property. We first looked at the appraised value of the adjacent residential lot. The Coconino County Assessor has the value of the land at $8.46 per square foot. That equates to a value of $10,152 for 1,200 square feet. The second method is to consider a nominal value for the land, since it was dedicated to the City, but recover any other expenses such as the additional landscaping installed by the City and expenses related to this transaction. At a nominal value of $1 per square foot and the $7,925 spent on landscaping the value comes totals $9,125. The average of these two methods is $9,639. When you add $1,000 estimated for the legal description and setting of the new survey pins, the total valuation is $10,969. Staff recommends this be the minimum sale price. State law provides that if the property is sold, the City is to receive “an amount …commensurate with the value of the abandoned roadway. “ City Council may consider “fragmentation and marketability and any other public benefit received” in return in determining the amount of consideration., per A.R.S. § 28-7208. |
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Policy Impact: | |||||
Staff receives a fair number of requests to place improvements within public right-of-way adjacent to residential properties. Staff considers a number of options including encroachment permits, easements and abandonments. The abutting property owner did originally request an easement, but after considering the conditions, staff believes abandonment and sale is the best way to address the request. Local streets that serve residential neighborhoods are typically platted with 50 feet of right-of-way. This section was platted with 62 feet to accommodate a FUTS connection. The FUTS has been constructed and the staff has determined the excess right-of-way is no longer needed for public improvements. If approved, 52 feet of right-of-way will be retained. | |||||
Connection to PBB Key Community Priorities/Objectives & 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. The additional right-of-way was created to accommodate the FUTS, which has been accomplished. |
|||||
Has There Been Previous Council Decision on This: | |||||
The City Council approved University Terrace Unit 2 plat, recorded on September 25, 2013. Recording of the plat dedicated the streets as public right-of-way. | |||||
Options and Alternatives: | |||||
1. Approve abandonment, and minimum bid price of $10,969. (Recommended) 2. Approve abandonment, but with different minimum bid price or direct staff to obtain an appraisal; 3. Do not approve abandonment. City Council is under no obligation to abandon and sell public right-of-way. Staff supports the action due to the existing conditions and interests of the adjacent property owner to improve the land. The fence will be moved by the property owner closer to the FUTS, however, there are similar fences adjacent to the street in the neighborhood. |
|||||
Background and History: | |||||
The property owner of 4013 S. Holland Road purchased the home prior to the construction of this segment of Holland Road. Since the construction of the street, the owner has been unhappy with the finished grade of the street and sidewalk. The street sits above his property and slopes down from the sidewalk to the rear yard. Abandonment and sale will allow the owner to move the privacy fence closer to the FUTS, regrade the slope and install new landscaping. | |||||
Key Considerations: | |||||
The basic question is whether there is still a public need for the right-of-way. The FUTS and public and private utilities have been constructed and are not located within the subject area. Staff recommends retaining vision triangles at each end where a fence over 3 feet is not permitted in order to maintain views of FUTS users as vehicles exit the proximate private driveways. | |||||
Community Benefits and Considerations: | |||||
None. | |||||
Community Involvement: | |||||
Abandonment and sale of the public right-of-way will allow the land to be combined with the existing lot at 4013 S. Holland Road and be placed on the property tax rolls. | |||||
Expanded Options and Alternatives: | |||||
None. | |||||
Attachments: | Ord. 2020-29 | ||
University Terrace Unit 2 Plat | |||
Holland Drive Concept Sketc | |||
4013 S Holland Rd photo | |||
4013 S Holland Rd photo 2 | |||
Letter from owner | |||
Presentation |
8.B.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Consideration and Adoption of Resolution No. 2020-59 and Ordinance No. 2020-28: 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 and entitled "Case No. PZ-19-00125 Updates to Zoning Code 2020 - High Occupancy Housing Land Use;" 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 implement the High Occupancy Housing Plan by adopting the High Occupancy Housing Development (HOHD) and Mixed-Use High Occupancy Housing Development (MHOHD) land uses and related standards. | |||||
STAFF RECOMMENDED ACTION: | |||||
At the November 3, 2020, Council Meeting:
1) Read Resolution No. 2020-59 by title only for the first time 2) City Clerk reads Resolution No. 2020-59 by title only (if approved above) 3) Read Ordinance No. 2020-28 by title only for the first time 4) City Clerk reads Ordinance No. 2020-28 by title only (if approved above) At the November 17, 2020, Council Meeting: 5) Adopt Resolution No. 2020-59 6) Read Ordinance No. 2020-28 by title only for the final time 7) City Clerk reads Ordinance No. 2020-28 by title only (if approved above) 8) Adopt Ordinance No. 2020-28 |
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Executive Summary: | |||||
The proposed amendment (Case No. PZ-19-00125) includes changes to the Zoning Code to implement the High Occupancy Housing Plan by adopting the HOHD and MHOHD land uses and related standards. The amendment includes modifications to the land use and property development tables, specific to use standards, parking standards, definitions, and the appendixes. On October 28, 2020, the Planning and Zoning Commission recommended that the City Council approve the Zoning Code Text Amendment, Case No. PZ-19-00125 Updates to Zoning Code 2020 - High Occupancy Housing Land Use, with a vote of 6-0. |
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Financial Impact: | |||||
There are no anticipated financial impacts affiliated with the proposed Zoning Code Text Amendment. | |||||
Policy Impact: | |||||
There are no anticipated City Council goal or policy impacts affiliated with the proposed Zoning Code Text Amendment. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives
Staff's analysis of the Regional Plan's goals and policies is included below under the Zoning Code Text Amendment Criteria heading, Finding #1 of the report. In addition, the staff's narrative and Regional Plan and Specific Plan analysis are included as Attachment 3. |
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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 amendment. Background/History: In February 2018, the City Council adopted the citywide High Occupancy Housing Specific Plan (HOH Plan), a specific plan to the Regional Plan. The HOH Plan was developed in response to the community’s dialogue about previously proposed high-intensity mid-rise developments near historic neighborhoods that primarily catered to college students. The HOH Plan is intended to provide direction in the form of goals and policies to accommodate a variety of housing options in areas of the city that can support infill, redevelopment, and mixed-use activities. These goals and policies are intended to enhance and maintain the city’s character and guide future developments that would be considered High Occupancy Housing (HOH). The HOH Plan identified dozens of strategies that could be implemented to address the unintended impacts of these buildings on neighborhood character, affordability and transportation. It should be noted that the HOH Plan’s listed implementation strategies about the Zoning Code amendments (Pages 102, 103, 105, and 106 of the HOH Plan) “…may be accomplished through another method...” to achieve “…the goals and policies of the HOH Specific Plan and the Regional Plan” (Page 99 of the HOH Plan). After the adoption of the HOH Plan, staff received direction and affirmation from City Council on October 8, 2019, to address smaller developments that may also be considered as HOH. The smaller HOH developments that staff was directed to consider are single-family, two-unit (duplex), three-unit (triplex), and multiple-family developments that were not addressed in the HOH Plan. It should be noted that the HOH Plan did not scrutinize addressing smaller HOH developments. For context, the HOH Plan defines an HOH development as any development that has at least 30 units or 75 bedrooms per acre (Page 2 and 110 of the HOH Plan). When the HOH Plan was developed, the Plan primarily focused on large-scale developments. Developments that were included in the HOH Plan analysis were The HUB, The Standard, Village at Aspen Place, Fremont Station, etc. Proposed Amendment: To implement the adopted HOH Plan for various parcel sizes and types of buildings, the proposed amendment (Attachment Exhibit A to the Resolution) includes multiple changes to the Zoning Code. New provisions are being added, and several existing regulations are being modified. The most significant of the modifications include the:
The proposed amendment includes: 1. Residential Zones (Section 10-40.30.030):
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 primary purpose of the amendment is to implement and maintain consistency and conformance with the goals and policies of the HOH Plan and the City’s Regional Plan (General Plan) as they relate to the HOHD and MHOHD land uses. In order to achieve this purpose, the proposed amendment incorporates several provisions. The proposed provisions include definitions, land uses, property development and use specific standards, and parking standards. To provide for variety and flexibility in the land uses that are allowed within the City, the proposed amendment includes the following land uses: Single-family, Two-unit, Three-unit, and Four-units and Greater HOHDs, and MHOHD. In addition to replacing the existing Rooming and Boarding land use, the proposed property development and use specific standards (PDUSS) address multiple goals and policies of the Regional Plan and HOH Plan. These include:
The proposed amendment includes a new variety of land uses, although the associated provisions minimize options and flexibility for development types considered as an HOHD or MHOHD. The provisions do not include regulations to assist developers in overcoming challenges posed by redevelopment and infill sites. Also, the requirement to obtain a Conditional Use Permit for an HOHD or MHOHD may be perceived as limiting to developmental flexibility. Furthermore, the amendment provisions, such as the parking requirements, may be an additional challenge for some redevelopment or infill sites. B. Finding #2 The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; The primary purpose of the amendment is to implement the HOH Plan, a specific plan to the City’s Regional Plan. To achieve the public interest, health, safety, convenience, or welfare of the City, the amendment includes provisions that address specific land use, parking, waste management, crime free multiple-family housing, and transit objectives of the goals and policies of the Regional Plan and the HOH Plan related to an HOHD and MHOHD. The amendment provisions are 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 amendments do not substantively modify the existing provisions of the Zoning Code, and is internally consistent with the Zoning Code. Furthermore, the proposed amendment utilizes the existing format and does not conflict with other provisions of the code. The amendment maintains the Zoning Code’s purpose as a comprehensive contemporary set of land uses and requirements that are straightforward, usable, and easily understood. Ordinance Effective Date Typically, an ordinance is effective 30 days after the date that the City Council adopted it. The proposed ordinance has an effective date of January 1, 2021, 18 days after the typical effective date if it is adopted on November 17, 2020. The alternative date allows a clear and easy to reference effective date and the implementation of related process modifications and public notification. Citizen Participation Public input was received at the public meetings held on August 19, 2019, February 13 and 14, 2020, and through the City’s online Community Forum (https://www.opentownhall.com/portals/227/Issue_7685) (Attachment 4). Also, work sessions with the Planning and Zoning Commission were held on August 14, 2019, May 27, 2020, and on August 26, 2020. In addition, work sessions with the City Council were held on October 8, 2019, June 11, 2020, August 25, 2020, and October 6, 2020. Staff received several comments regarding HOH developments from the Southside stakeholders’ group that was formed to assist in developing the proposed Southside specific plan. These meetings were held over the past year. Persons of interest on file with the Planning and Development Services section of the Community Development department were notified of the Planning and Zoning Commission work sessions via first class mail. Also, notification of the work sessions were published on the City’s Facebook web page and in the Arizona Daily Sun. At the October 6, 2020 City Council meeting, public comments were received pertaining to the potential effects that the proposed amendment may have on the ability to provide affordable housing within the city. If the amendment is approved, all HOHDs and MHOHDs will require the approval of a Conditional Use Permit application. It should be noted that the current application cost for a Conditional Use Permit is $3,000. It is anticipated that any associated Conditional Use Permit applicant costs will be incorporated into a dwelling unit’s sale or rental rate. The staff has received email messages from two persons on the proposed amendment. The email messages are included as Attachment 4.A. |
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Attachments: | Res. 2020-59 | ||
Exhibit A to Resolution | |||
Ord. 2020-28 | |||
3. Narrative and Regional and Specific Plan Conformance Analysis | |||
4. Public Comments | |||
4A. Public Comment Emails | |||
Staff Presentation |
9.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Adoption of Resolution No. 2020-60: A resolution approving an Intergovernmental Agreement between the Summit Fire Medical District, the Highlands Fire District, the Pinewood Fire District, the Ponderosa Fire District and the City of Flagstaff on behalf of the Flagstaff Fire Department to expend grants funds and participate in regional training of emergency services personnel. | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Resolution No.2020-60 by title only
2) City Clerk reads Resolution No. 2020-60 by title only (if approved above) 3) Adopt Resolution No.2020-60 |
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Executive Summary: | |||||
In October of 2020 the Council approved an Assistance to Firefighters Grant agreement for Fire Officer training for the Flagstaff Fire Department and its Greater Flagstaff Regional Partners. The Intergovernmental agreement before you allows the funds to be shared with the Summit Fire Medical District, the Highlands Fire District, the Pinewood Fire District, the Ponderosa Fire District as per the attached Spreadsheet allocating the agreed upon amount for each agency. All the District boards have approved the IGA. | |||||
Financial Impact: | |||||
The Grant covers Overtime, Backfill and materials for all the participants. Each agency is responsible for 10% of the funds expended and the grant covers the remaining 90%. The percentage of the grant was appropriated to each agency by determining the number of participants and dividing them by the total count giving a percentage. This was then carried out though out all expenses for each agency. (Exhibit A) | |||||
Policy Impact: | |||||
None | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives Provide public safety with the resources, staff, and training to respond to community needs Regional Plan Goal PF.1.Work across all government operations and services to prepare for the impacts of natural and human caused hazards. | |||||
Has There Been Previous Council Decision on This: | |||||
Council approved the Assistance to Firefighter Grant Agreement EMW-2019-FG-05425 on September 16, 2020. | |||||
Attachments: | Res. 2020-60 | ||
Regional Training IGA | |||
Exhibit-B RTG IGA |
9.B.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | ||||||
Consideration and Approval of Contract: Approve the Contract to Crandell Research Solutions for Regional Fire Officer Training | ||||||
STAFF RECOMMENDED ACTION: | ||||||
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Executive Summary: | ||||||
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Financial Impact: | ||||||
The Budget team has approved the 10% match, and our partners are in agreement as well. The cost shared by all for this purchase is $11,610. This grant is budgeted in the General Fund, Fire Grant Section for $735,000 (account number 001-03-052-6152-2-4354). | ||||||
Policy Impact: | ||||||
None.
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Connection to PBB Key Community Priorities/Objectives & Regional Plan: | ||||||
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Has There Been Previous Council Decision on This: | ||||||
Council approved the Grant Agreement from the Assistance to Firefighter Grant Program on 9/16/2020. An IGA is accompanying this request providing for the Greater Flagstaff Regional (GFR) Partners participation. |
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Options and Alternatives: | ||||||
1. Approve the agreement 2. Not Approve the agreement. |
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Background and History: | ||||||
This would take current GFR training with Blue Card and allow for Fire Officer 1 to be added while attending in town. If our membership attempted to get Fire Officer 1 certified (which is only one component of this training) they would have to look out of State. Between TLM (per diem, travel, and lodging costs) costs and paying an average of $650 per student for out of state tuition, this would average out to about $144,000. This is $116,100 for the instructors to come to our location which includes their TLM, expertise, one on one coaching, access to all their materials for current and future trainings and is still cheaper than sending our teams out of town. By having eight (8) train-the-trainers available to the GFR we will save on all future costs associated with members wanting to become certified through this specific training method. Purchasing staff reviewed and approved the purchase as a sole source. The training provided is a customized training designed for the City of Flagstaff Fire Division's specific training needs and is only available through Crandall Research Solutions. |
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Community Involvement: | ||||||
All of the Greater Flagstaff Regional Partners' Fire Officers will be trained to a Fire Officer 1 level increasing safety and management capability of difficult in situations emergency and nonemergency events. | ||||||
Expanded Options and Alternatives: | ||||||
The Region will recognize a higher level of professionalism amongst all fire departments and their members. | ||||||
Attachments: | Service Agreement | ||
Exhibit A |
9.C.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Consideration and Adoption of Ordinance No. 2020-30: An ordinance of the Flagstaff City Council ratifying the grant and reservation of easements; and formally accepting dedications and donations of easements and real property interests; delegating authority; and establishing an effective date. (approving receipt/transfer of easements and real property interests) | |||||
STAFF RECOMMENDED ACTION: | |||||
At the November 3, 2020 Council Meeting:
1) Read Ordinance No. 2020-30 by title only for the first time 2) City Clerk reads Ordinance No.2020-30 by title only (if approved above) At the November 10, 2020 Council Meeting: 3) Read Ordinance No. 2020-30 by title only for the final time 4) City Clerk reads Ordinance No. 2020-30 by title only (if approved above) 5) Adopt Ordinance No. 2020-30 |
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Executive Summary: | |||||
The City regularly receives real property interests from private property owners during the development review process. Typically, these real property interests are acquired by dedication or donation. These acquisitions may be for drainage, utilities, the urban trails system, slopes, rights-of-way, or other public purposes. The City also regularly grants or reserves utility easements across City property necessary for City projects or buildings. This ordinance, which requires City Council action, will ratify the easements and real property either received or granted by City. |
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Financial Impact: | |||||
Real property is considered a fixed asset in the City. Until City Council approves an ordinance accepting the acquisitions, the real property value is not recognized in an audit so while there is not an actual financial expenditure associated with these acquisitions, there is a fixed asset value the City receives through this action. | |||||
Policy Impact: | |||||
None | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
TRANSPORTATION AND OTHER PUBLIC INFRASTRUCTURE Deliver quality community assets and continue to advocate and implement a highly performing multi-modal transportation system. |
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Has There Been Previous Council Decision on This: | |||||
Council has ratified other real property transactions and easements approved through the development review process. This ratification usually occurs on an annual basis. The Council adopted a similar Ordinance No. 2020-03 on January 21, 2020. | |||||
Options and Alternatives: | |||||
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Background and History: | |||||
The City Charter requires the acquisition and disposition of real property by ordinance. The City generally applies this principle to lesser interests as well. | |||||
Key Considerations: | |||||
The real property interests received or transferred are necessary for the provision of services as the community grows and the liability assumed is consistent with these same real property rights throughout the community. | |||||
Community Involvement: | |||||
The real property interests received or transferred are necessary for the provision of services as the community grows and the liability assumed is consistent with these same real property rights throughout the community. The Flagstaff community will benefit from the acquisition of real property interests that are used by and serve community needs |
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Attachments: | Ord. 2020-30 | ||
Easements for Ratification | |||
Right of Way Ratification |
11.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE | |||||
City Manager Report | |||||
STAFF RECOMMENDED ACTION: | |||||
Information Only
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EXECUTIVE SUMMARY: | |||||
These reports will be included in the City Council packet for regularly scheduled Council meetings, excluding Work Session meetings. The reports are intended to be informational, covering miscellaneous events and topics involving the City organization. | |||||
INFORMATION: | |||||
Attachments: | City Manager Report | ||
Traffic Signal Public Art Project |