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. | APPROVAL OF MINUTES FROM PREVIOUS MEETINGS | ||||||||
A. | Consideration and Approval of Minutes: City Council Work Session of January 26, 2021; Regular Meeting of March 16, 2021; Executive Session of March 26, 2021; Executive Session of March 30, 2021; Work Session of March 30, 2021; Executive Session of April 6, 2021; Executive Session of April 13, 2021; Work Session of April 27, 2021; Executive Session of May 4, 2021; and Executive Session of May 11, 2021. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
Approve the minutes of the City Council Work Session of January 26, 2021; Regular Meeting of March 16, 2021; Executive Session of March 26, 2021; Executive Session of March 30, 2021; Work Session of March 30, 2021; Executive Session of April 6, 2021; Executive Session of April 13, 2021; Work Session of April 27, 2021; Executive Session of May 4, 2021; and Executive Session of May 11, 2021.
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5. | 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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6. | LIQUOR LICENSE PUBLIC HEARINGS | |||||
A. | Consideration and Action on Liquor License Application: Jeffrey Craig Miller, "Fry's Fuel Center #104," 1322 E. Route 66, Series 10 (beer and wine store), New License. | |||||
STAFF RECOMMENDED ACTION: | ||||||
Hold the public hearing.
The City Council has the option to: (1) Forward the application to the State with a recommendation for approval; (2) Forward the application to the State with a recommendation for denial based on information from staff, the testimony received at the public hearing and/or other factors. |
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B. | Consideration and Action on Liquor License Application: Jacob Theodore Paulk "Cinders Liquors," 5620 N Highway 89, Series 09 (liquor store - all spirituous liquor), Owner Transfer. | |||||
STAFF RECOMMENDED ACTION: | ||||||
Hold the public hearing.
The City Council has the option to: (1) Forward the application to the State with a recommendation for approval; (2) Forward the application to the State with a recommendation for denial based on information from staff, the testimony received at the public hearing and/or other factors. |
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7. | 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 21/22 Insurance Program Renewal | |||||
STAFF RECOMMENDED ACTION: | ||||||
Accept the renewal premiums submitted by the Arizona Municipal Risk Retention Pool, and the Airport liability, flood and foreign travel carriers in the estimated amount of $1,863,585.
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B. | Consideration and Approval of Final Plat: Case No. PZ-1800113-03, Canyon Del Rio Investors, LLC requests Final Plat approval for Canyon Del Rio Phase 1 Final Block Plat, a subdivision consisting of 13 blocks, 4 tracts, and rights-of-ways on 262 acres, located at 3200 E Butler Avenue in the R1, Single-Family Residential zone, the MR, Medium-Density Residential zone, the HR, High-Density Residential zone and the HC, Highway Commercial zone. | |||||
STAFF RECOMMENDED ACTION: | ||||||
Approve the final plat and authorize the mayor to sign both the final plat and the City/Subdivider Agreement when notified by staff that all documents are ready for signature and recordation.
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C. | Consideration and Approval of a Contract: The Employee Staffing Agreement with Educational Services, Inc. for the phased retirement program through a Cooperative Purchase Contract with the Mohave Cooperative Services in an annual amount not to exceed $800,000, plus applicable taxes. | |||||
STAFF RECOMMENDED ACTION: | ||||||
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D. | Consideration and Approval of Contracts: Temporary Personnel Services with Performance Strategies, Inc., 22nd Century Technologies, Inc., and Compunnel Software Group, Inc. | |||||
STAFF RECOMMENDED ACTION: | ||||||
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8. | ROUTINE ITEMS | |||||
A. | Consideration and Approval of Contract: Reimbursement Agreement with Genterra Enterprises, LLC - Development of 31.45 Acres Adjacent to Flagstaff Pulliam Airport | |||||
STAFF RECOMMENDED ACTION: | ||||||
Staff recommends that Council approve this Reimbursement Agreement with Genterra, LLC, (Genterra). This Agreement is intended to minimize financial risk to both parties, while costs and time are incurred to research development options and craft a Master Development Agreement and/or Ground Lease including master development services for the Pulliam Airport 31.45 acre parcel.
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B. | Consideration and Approval of Municipal Services Accounts, Miscellaneous Account Receivable, Transaction Privilege Tax and Insufficient Funds Write-offs: Delinquency and Uncollectible Accounts for Fiscal Year 2020-21. | |||||
STAFF RECOMMENDED ACTION: | ||||||
Approve the write-off of delinquent and uncollectible Municipal Services accounts, Miscellaneous Account Receivables, Transaction Privilege Tax accounts and Insufficient Funds in the combined amount of $277,468.38.
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9. | PUBLIC HEARING ITEMS | |||||
A. | Consideration and Adoption of Resolution No. 2021-26 and Ordinance No. 2021-13: 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-21-00056 Zoning Code Text Amendment - 2021: Marijuana Uses;" 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 Zoning Code provisions to accommodate medical and recreational marijuana and the associated land uses. | |||||
STAFF RECOMMENDED ACTION: | ||||||
At the June 1, 2021 Council Meeting:
1) Read Resolution No. 2021-26 by title only 2) City Clerk reads Resolution No. 2021-26 by title only (if approved above) 3) Read Ordinance No. 2021-13 by title only for the first time 4) City Clerk reads Ordinance No. 2021-13 by title only (if approved above) At the June 15, 2021, Council Meeting: 5) Adopt Resolution No. 2021-26 6) Read Ordinance No. 2021-13 by title only for the final time 7) City Clerk reads Ordinance No. 2021-13 by title only (if approved above) 8) Adopt Ordinance No. 2021-13 |
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10. | REGULAR AGENDA | |||||
A. | Consideration and Adoption of Resolution No. 2021-30: A resolution approving the City of Flagstaff's 2021/2022 Annual Action Plan and authorizing its submission to the U.S. Department of Housing and Urban Development (HUD). | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Resolution No. 2021-30 by title only
2) City Clerk reads Resolution No. 2021-30 (if approved above) 3) Adopt Resolution No. 2021-30 |
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B. | Consideration and Adoption of Resolution No. 2021-21: A resolution of the Flagstaff City Council, designating its Chief Fiscal Officer for officially submitting the fiscal year 2022 expenditure limitation report to the Arizona Auditor General, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Resolution No. 2021-21 by title only
2) City Clerk reads Resolution No. 2021-21 by title only (if approved above) 3) Adopt Resolution No. 2021-21 |
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C. | Consideration and Adoption of Resolution No. 2021-24: A resolution of the Flagstaff City Council adopting the City of Flagstaff Public Safety Personnel Retirement System Pension Funding Policy; delegating authority; and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Resolution No. 2021-24 by title only
2) City Clerk reads Resolution No. 2021-24 by title only (if approved above) 3) Adopt Resolution No. 2021-24 |
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D. | Consideration and Adoption of Resolution No. 2021-27: A resolution of the Council of the City of Flagstaff, Arizona adopting the tentative budget for Fiscal Year 2021-2022. | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Resolution No. 2021-27 by title only
2) City Clerk reads Resolution No. 2021-27 by title only (if approved above) 3) Adopt Resolution No. 2021-27 |
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E. | Consideration and Adoption of Ordinance No. 2021-06: An Ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 11 acres of real property generally located at 151 West High Country Trail, APNs 112-05-001W and 112-05-011 from the Estate Residential (ER) zone to the Medium Density Residential (MR) zone with conditions, providing for severability, authority for clerical corrections, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | ||||||
Staff recommended that the Planning and Zoning Commission forward the Direct to Ordinance Zoning Map Amendment request to the City Council with a recommendation for approval, in accordance with the findings presented in the attached report.
The Planning & Zoning Commission disagreed with staff's recommendation and instead recommends that the City Council, in accordance with the findings, deny the requested Direct to Ordinance Zoning Map Amendment for Aura Flagstaff (PZ-20-00008-01). Should the Council decide to deny the requested Zoning Map Amendment: At the June 1, 2021 Council Meeting: 1) Approve a motion to deny the application for Zoning Map Amendment Should the Council decide to approve the requested Zoning Map Amendment: At the June 1, 2021 Council Meeting: 1) Read Ordinance No. 2021-06 by title only for the first time 2) City Clerk reads Ordinance No. 2021-06 by title only (if approved above) At the June 15, 2021 Council Meeting: 3) Read Ordinance No. 2021-06 by title only for the final time 4) City Clerk reads Ordinance No. 2021-06 by title only (if approved above) 5) Adopt Ordinance No. 2021-06 |
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11. | DISCUSSION ITEMS | |||||
A. | Consideration and Possible Direction: Options for a petition to address intentional noise pollution. | |||||
B. | COVID Update on Library Site Specific Plan and discussion on Jay Lively Ice Arena capacity and vaccine incentives | |||||
12. | COUNCIL LIAISON REPORTS | |||||
13. | CITY MANAGER REPORT | |||||
A. | City Manager Report | |||||
14. | INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS | |||||
15. | ADJOURNMENT | |||||
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4.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Approval of Minutes: City Council Work Session of January 26, 2021; Regular Meeting of March 16, 2021; Executive Session of March 26, 2021; Executive Session of March 30, 2021; Work Session of March 30, 2021; Executive Session of April 6, 2021; Executive Session of April 13, 2021; Work Session of April 27, 2021; Executive Session of May 4, 2021; and Executive Session of May 11, 2021. | |||||
STAFF RECOMMENDED ACTION: | |||||
Approve the minutes of the City Council Work Session of January 26, 2021; Regular Meeting of March 16, 2021; Executive Session of March 26, 2021; Executive Session of March 30, 2021; Work Session of March 30, 2021; Executive Session of April 6, 2021; Executive Session of April 13, 2021; Work Session of April 27, 2021; Executive Session of May 4, 2021; and Executive Session of May 11, 2021.
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Executive Summary: | |||||
Minutes of City Council meetings are a requirement of Arizona Revised Statutes and, additionally, provide a method of informing the public of discussions and actions being taken by the City Council. | |||||
Financial Impact: | |||||
None | |||||
Policy Impact: | |||||
None | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives Effective Governance |
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Previous Council Decision on This: | |||||
None | |||||
Attachments: | 01.26.2021 CCWS | ||
03.16.2021 CCRM | |||
03.26.2021 CCEES | |||
03.30.2021 CCSMES | |||
03.30.2021 CCWS | |||
04.06.2021 CCSMES | |||
04.13.2021 CCSMES | |||
04.27.2021 CCSMES | |||
05.04.2021 CCSMES | |||
05.11.2021 CCSMES |
6.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Action on Liquor License Application: Jeffrey Craig Miller, "Fry's Fuel Center #104," 1322 E. Route 66, Series 10 (beer and wine store), New License. | |||||
STAFF RECOMMENDED ACTION: | |||||
Hold the public hearing.
The City Council has the option to: (1) Forward the application to the State with a recommendation for approval; (2) Forward the application to the State with a recommendation for denial based on information from staff, the testimony received at the public hearing and/or other factors. |
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Executive Summary: | |||||
The liquor license process begins at the State level and applications are then forwarded to the respective municipality for posting of the property and holding a public hearing, after which the Council recommendation is forwarded back to the State. A series 10 license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. This is a non-quota type of license. Fry's Fuel Center is an existing business in Flagstaff that is moving to a larger building. If approved, it will be the 37th active series 10 license in Flagstaff. To view surrounding liquor licenses, please visit the Active Liquor Licenses Map. The property has been posted as required, and the Police and Community Development divisions have reviewed the application and provided their respective reports. |
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Financial Impact: | |||||
There is no budgetary impact to the City of Flagstaff as this is a recommendation to the State. | |||||
Policy Impact: | |||||
Not applicable. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Liquor licenses are a regulatory action and there are no Community Priorities that directly apply. | |||||
Has There Been Previous Council Decision on This: | |||||
Not applicable. | |||||
Key Considerations: | |||||
Because the application is for a new license, consideration may be given to both the applicant's personal qualifications and the location. The deadline for issuing a recommendation on this application is June 4, 2021. |
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Community Involvement: | |||||
This business will contribute to the tax base of the community. We are not aware of any other relevant considerations. | |||||
Expanded Options and Alternatives: | |||||
The application was properly posted on May 11, 2021. No written protests have been received to date. | |||||
Attachments: | Letter to Applicant | ||
Hearing Procedures | |||
Series 10 Description | |||
Fry's Fuel Center - PD Memo | |||
Fry's Fuel Center - Zoning Memo | |||
Fry's Fuel Center - Map |
6.B.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Action on Liquor License Application: Jacob Theodore Paulk "Cinders Liquors," 5620 N Highway 89, Series 09 (liquor store - all spirituous liquor), Owner Transfer. | |||||
STAFF RECOMMENDED ACTION: | |||||
Hold the public hearing.
The City Council has the option to: (1) Forward the application to the State with a recommendation for approval; (2) Forward the application to the State with a recommendation for denial based on information from staff, the testimony received at the public hearing and/or other factors. |
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Executive Summary: | |||||
The liquor license process begins at the State level and applications are then forwarded to the respective municipality for posting of the property and holding a public hearing, after which the Council recommendation is forwarded back to the State. Series 09 licenses are a quota licenses and must be obtained through the person/location transfer of an existing license from another business. This license was purchased from THAT TPLA, LLC by Cinders Liquors. Express Liquors is an existing business in Flagstaff. If approved, it will be the 50th active series 09 liquor license in Flagstaff. To view surrounding liquor licenses, please visit the Active Liquor Licenses Map. The property has been posted as required, and the Police and Community Development divisions have reviewed the application and provided their respective reports. |
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Financial Impact: | |||||
There is no budgetary impact to the City of Flagstaff as this is a recommendation to the State. | |||||
Policy Impact: | |||||
Not applicable. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Liquor licenses are a regulatory action and there are no Community Priorities that directly apply. | |||||
Has There Been Previous Council Decision on This: | |||||
Not applicable. | |||||
Key Considerations: | |||||
Because the application is for a owner transfer, consideration may be given to only the personal qualifications of the applicant. The deadline for issuing a recommendation on this application is June 4, 2021. |
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Community Involvement: | |||||
This business will contribute to the tax base of the community. We are not aware of any other relevant considerations. | |||||
Expanded Options and Alternatives: | |||||
The application was properly posted on May 11. 2021. No written protests have been received to date. | |||||
Attachments: | Letter to Applicant | ||
Hearing Procedures | |||
Series 09 Description | |||
Cinders Liquors - PD Memo | |||
Cinders Liquors - Zoning Memo | |||
Cinders Liquors - Map |
7.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Approval of 21/22 Insurance Program Renewal | |||||
STAFF RECOMMENDED ACTION: | |||||
Accept the renewal premiums submitted by the Arizona Municipal Risk Retention Pool, and the Airport liability, flood and foreign travel carriers in the estimated amount of $1,863,585.
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Executive Summary: | |||||
The City of Flagstaff today expends an estimated $1,783,629 to insure all of the City's insurance exposures with The Arizona Municipal Risk Retention Pool and AIG for airport coverage. This premium, if renewed, will have an estimated increase of $80,000 to a total premium of $1,863,585. This increase is offset in its entirety by a dividend that was declared by the Arizona Municipal Risk Retention pool. Staff recommends approval of the renewal offered by the current carriers. |
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Financial Impact: | |||||
No Increased Fiscal Impact | |||||
Policy Impact: | |||||
None
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Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives
Effective Governance |
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Has There Been Previous Council Decision on This: | |||||
No | |||||
Background and History: | |||||
The City of Flagstaff marketed all lines of primary insurance coverage last year and moved all insurance except the Airport liability, flood and foreign travel policies to the Arizona Municipal Risk Retention Pool, (AMRRP). The premiums for last year's policy are estimated at:
One of the advantages of insuring with the Arizona Municipal Risk Retention Pool is that most years dividends are issued based upon net financial performance of the pool. The pool issued a dividend of $86,749 to the City of Flagstaff, which the City has elected to take as a check payable in July of this year. The Arizona Municipal Risk Retention Pool has had modest increases in some lines of coverage for fiscal year 21/22. The estimated premium for the upcoming fiscal period is estimated at:
This represents a total anticipated premium increase of approximately $80,000 which is 100% off set by the $86,749 dividend declared by the Arizona Municipal Risk Retention Pool board. |
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Attachments: |
7.B.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Approval of Final Plat: Case No. PZ-1800113-03, Canyon Del Rio Investors, LLC requests Final Plat approval for Canyon Del Rio Phase 1 Final Block Plat, a subdivision consisting of 13 blocks, 4 tracts, and rights-of-ways on 262 acres, located at 3200 E Butler Avenue in the R1, Single-Family Residential zone, the MR, Medium-Density Residential zone, the HR, High-Density Residential zone and the HC, Highway Commercial zone. | |||||
STAFF RECOMMENDED ACTION: | |||||
Approve the final plat and authorize the mayor to sign both the final plat and the City/Subdivider Agreement when notified by staff that all documents are ready for signature and recordation.
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Executive Summary: | |||||
This is a request for final plat approval for 13-blocks, 4-tracts, and rights-of-way on 262 acres. Block plats create parcels of land for future development. Specific development proposals for each block will follow as either a subdivision plat reviewed by Council or as a site plan review, which is administratively reviewed by the Inter-Division Staff (IDS) team. See Sheet 1 of the final block plat attachment for the Vicinity Map. | |||||
Financial Impact: | |||||
No financial liabilities are anticipated by approval of this plat. | |||||
Policy Impact: | |||||
There are no policy impacts affiliated with this final plat. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives Robust Resilient Economy - Grow and strengthen a more equitable and resilient economy. Regional Plan
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Has There Been Previous Council Decision on This: | |||||
A Settlement Agreement as approved by City Council was executed on May 13, 2013, and amended on January 29, 2015, which outlines how the Zoning Map Amendment and the Block Plat are to be processed, sets specific development density and intensities, and settles the two pending lawsuits. Once the Zoning Map Amendment was approved last year, all pending lawsuits were resolved. This Block Plat is consistent with the Settlement Agreement and the approved Zoning Map Amendment. | |||||
Options and Alternatives: | |||||
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Background and History: | |||||
Canyon Del Rio is a 1,426 unit residential and 225,000 square foot commercial development. The proposed development will provide a mixture of high density, medium density, and single-family residential units combined with commercial service, retail, and open space land uses on 262 acres. A Concept Zoning Map Amendment was approved in 2019 for 83-acres located in the northeast corner of the site at the intersection of Butler Avenue and South Fourth Street. The remainder of the property (179-acres) is currently zoned as Single-Family Residential (R1) zone and Medium Density Residential (MR) zone. The site is heavily treed and is located within the Resource Protection Overlay (RPO) zone. The site has a varied topography, including many slopes and small valleys; the most significant is the Rio de Flag drainage that runs across the southeast corner of the development and continues downstream to Foxglenn Park. The proposed Fourth Street alignment will ultimately connect Butler Avenue and John Wesley Powell Boulevard and runs along the eastern boundary of the Canyon Del Rio subdivision. An existing aboveground 69 KV transmission line crosses the site in an east-west direction at the south end of the development. |
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Key Considerations: | |||||
The City Council reviews final plat applications to ensure that the plat meets the requirements of City Code Title 10, Flagstaff Zoning Code; Title 11, General Plans and Subdivision Code; and Title 13, Engineering Design Standards and Specifications. These findings were determined to be met when the Preliminary Plat was approved by Council in 2019. | |||||
Expanded Options and Alternatives: | |||||
Inform The subject property's existing zoning allows for the proposed subdivision. No public hearing or public outreach is required as part of the City Council's review of a final plat. |
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Attachments: | Canyon Del Rio Phase 1 Final Block Plat |
7.C.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Consideration and Approval of a Contract: The Employee Staffing Agreement with Educational Services, Inc. for the phased retirement program through a Cooperative Purchase Contract with the Mohave Cooperative Services in an annual amount not to exceed $800,000, plus applicable taxes. | |||||
STAFF RECOMMENDED ACTION: | |||||
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Executive Summary: | |||||
The phased retirement program offered by ESI is a tool for succession planning within the municipal organization. It allows for City employees with extensive lengths of employment additional time to share their knowledge with other City personnel prior to leaving the organization or to finish high priority projects. Many times, the transfer of knowledge does not occur prior to retirement because the employee's retirement date may have come earlier than expected or the employee has been too busy with day-to-day operations to focus on the transfer of knowledge. This additional amount of time dedicated to the transfer of knowledge is incredibly important to the success of the municipal organization and service to the community. All employees eligible for retirement with Arizona State Retirement System ("ASRS") and demonstrating above average performance would be eligible for the phased retirement program under ESI. In the request, the employee specifies what transfer of knowledge would occur and/or what high priority projects would be completed within the contract period. There must be a recommendation from the Immediate Supervisor and an agreement between the Immediate Supervisor, Division Director, Deputy City Manager and the employee regarding the projects and/or succession steps that will be completed. The contract period would range from three months to a year with the ability to extend for a maximum of one more year. A division may request an extension if a recruitment process was not successful, there were changes in the budget situation, or a project has experienced unexpected or uncontrollable delays. ESI provides phased retirement services to cities, counties and state agencies throughout Arizona. This concept allows retirement eligible staff to retire from ASRS and return as a worker to their same position in the City or another one for which they are qualified. This opportunity is available under the current ASRS Return to Work rules. The worker would be compensated seventy-five percent of their existing salary, sick leave, a reduced number of vacation hours and pay for all City recognized holidays. The City recognizes savings of thirty to forty percent per worker due to the reduction in the employee's salary, FICA, Medicare, State Retirement, Unemployment and Workers Compensation expenses and the elimination of group insurance. The savings remains in each division's budget to offset the exiting employee's retirement payout first and then may be used for other budgetary expenses. |
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Financial Impact: | |||||
This purchase provides the City with the opportunity to retain key personnel while saving money. The City will pay seventy-five percent of the employee's salary plus a four percent service fee to ESI. The City will save on employee related expenses and group insurance for each employee resulting in the minimum savings of thirty percent for each employee leased back through the phased retirement program. | |||||
Policy Impact: | |||||
The approval of this Employee Staffing Agreement authorized by the Cooperative Purchase Contract from Mohave Cooperative Services does not impact any existing City policies.
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Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
The approval of this Employee Staffing Agreement authorized by the Cooperative Purchase Contract from Mohave Cooperative Services supports the retention of qualified staff for an additional period after the employee has chosen to retire in order to create success for the organization and leave behind tools for those who succeed after them. This supports the personnel related Council Goal and the Team Flagstaff Strategic Plan. | |||||
Has There Been Previous Council Decision on This: | |||||
No. | |||||
Options and Alternatives: | |||||
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Background and History: | |||||
The Procurement Department located multiple cooperative purchasing contracts but identified the Mohave Cooperative Services Cooperative Purchase Contract as the lowest price to the City for the Employee Staffing Agreement. | |||||
Community Involvement: | |||||
The community benefits from the transfer of institutional knowledge and the completion of high priority projects. The phased retirement program provides valuable transition time, so the City may retain the worker's knowledge and expertise through transferring this information to another employee within the municipal organization. Utilizing the worker's knowledge and expertise to finalize high priority projects provides a positive benefit to the community in terms of time and outcome. | |||||
Attachments: | City Co-op Contract | ||
Coop Award Letter | |||
Coop Extension | |||
Mohave RFP with Terms & Conditions of Contract |
7.D.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||||||||||||||||||||||||||||||
Consideration and Approval of Contracts: Temporary Personnel Services with Performance Strategies, Inc., 22nd Century Technologies, Inc., and Compunnel Software Group, Inc. | |||||||||||||||||||||||||||||||||
STAFF RECOMMENDED ACTION: | |||||||||||||||||||||||||||||||||
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Executive Summary: | |||||||||||||||||||||||||||||||||
City divisions may at times need temporary service personnel to fill a vacancy and/or to assist on special projects. There are two groups of temporary personnel requested 1) administrative and 2) general laborers. In addition to the jobs listed, the City reserves the right to request other job classifications at a negotiated rate if need should arise during the contract. A total of 15 proposals were received and evaluated based on the agencies' experience and qualifications (i.e. inclusion of group one and group two, dedicated team, team's experience, government experience), method of approach (i.e. turnaround time, testing, reference, interview, training, benefits), proposed fee schedule and references. The recommendation to award to the three agencies listed above is based on their formal response to the Request for Proposals (RFP). Human Resources previously implemented internal procedures for requesting temporary personnel that will continue to be followed. The hiring supervisor may initiate the request for temporary personnel directly to the temporary personnel agency. Human Resources may assist the hiring supervisor as needed. |
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Financial Impact: | |||||||||||||||||||||||||||||||||
The Temporary Personnel expenditure will be charged to the appropriate division/section budget. Total Expenditures for Temporary Personnel Services for FY2019 and FY2020 are listed below:
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Policy Impact: | |||||||||||||||||||||||||||||||||
None
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Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||||||||||||||||||||||||||||||
COUNCIL GOALS:
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Has There Been Previous Council Decision on This: | |||||||||||||||||||||||||||||||||
Yes. The previous Temporary Personnel Services contracts were approved by City Council on July 5, 2016. The initial contract was for one (1) year with four (4) one (1) year extensions with the contract and extensions expiring on June 30, 2021. | |||||||||||||||||||||||||||||||||
Options and Alternatives: | |||||||||||||||||||||||||||||||||
Another option would be to recruit and hire all temporary personnel in lieu of utilizing temporary personnel service agencies. The benefit of doing this would be the City would not pay administrative costs to personnel agencies for their administration. However, it would take longer to fill such vacancies due to having to recruit to find temporary personnel to do the work and the temporary personnel may be less interested in working for the City given there is only one short-term assignment versus working for a temporary personnel agency provide access to multiple short-term assignments. | |||||||||||||||||||||||||||||||||
Background and History: | |||||||||||||||||||||||||||||||||
The City of Flagstaff's Purchasing section posted a new RFP solicitation on March 15, 2021 for Temporary Personnel Services on the PlanetBid’s website and advertised the RFP in the Arizona Daily Sun on March 21 and 28, 2021. The purpose and intent of the RFP was to establish one or more qualified agency(s) to provide a variety of Temporary Personnel Services complying with all State, Federal and Local Laws (including the Americans with Disability Act, Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act, Civil Rights Act of 1991, Patient Protection and Affordable Care Act). There were 15 proposals received in response to the RFP and opened electronically on April 7, 2021. The recommendation to award to the three agencies listed below is based on their formal responses to the proposal and final evaluation scores and determined by the evaluation panel which consisted of five (5) members. A summary of the scores of all 15 proposals received are identified in the Key Considerations section below. The top three agencies that scored the highest in the RFP evaluation process were selected for recommendation of award of contract and are listed below:
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Key Considerations: | |||||||||||||||||||||||||||||||||
15 proposals were received and evaluated using the following criteria: experience and qualifications, method of approach, fee schedule and references.The evaluation committee selected the top three (3) scoring agencies for which to recommend award of contracts:
The initial contracts will be awarded for one (1) year with an option to extend for up to four (4) additional one-year periods. Proposed fee rates shall be firm for one (1) year from date of award. |
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Community Benefits and Considerations: | |||||||||||||||||||||||||||||||||
Approval of the contracts with Performance Strategies, Inc., 22nd Century Technologies, Inc., and Compunnel Software Group, Inc. to provide Temporary Personnel to maintain services allows the City to continue normal operations as needs and demand dictate with minimal disruptions on an as needed basis. However, rejecting the recommendation to contract with Performance Strategies, Inc., 22nd Century Technologies, Inc., and Compunnel Software Group, Inc. will require staff to go through a formal hiring process internally, delaying service response to citizens. |
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Community Involvement: | |||||||||||||||||||||||||||||||||
By entering into contracts with Performance Strategies, Inc., 22nd Century Technologies, Inc., and Compunnel Software Group, Inc,. Staff will be able to continue to provide safe, timely and cost-effective services to the community. | |||||||||||||||||||||||||||||||||
Expanded Options and Alternatives: | |||||||||||||||||||||||||||||||||
Inform | |||||||||||||||||||||||||||||||||
Attachments: | Contract - Performance Strategies | ||
Contract - 22nd Century Technologies | |||
Contract - Compunnel |
8.A.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Consideration and Approval of Contract: Reimbursement Agreement with Genterra Enterprises, LLC - Development of 31.45 Acres Adjacent to Flagstaff Pulliam Airport | |||||
STAFF RECOMMENDED ACTION: | |||||
Staff recommends that Council approve this Reimbursement Agreement with Genterra, LLC, (Genterra). This Agreement is intended to minimize financial risk to both parties, while costs and time are incurred to research development options and craft a Master Development Agreement and/or Ground Lease including master development services for the Pulliam Airport 31.45 acre parcel.
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Executive Summary: | |||||
This Reimbursement Agreement is expected to be one of several agreements that will be brought to Council in relation to development of the 31.45 acre parcel. This agreement will help enable the City to continue working with Genterra to craft a Master Development Agreement and/or Ground Lease including master development services to develop this parcel in accordance with the Request for Statement of Qualifications (RSOQ) that was issued by the City in September 2020. The intention is for the Developer to incur the upfront costs of master development services, and to recover such costs through project revenues i.e. leasing revenues. However, both parties desire to enter into this Reimbursement Agreement, to provide reimbursement for specific master development services costs incurred by the developer should certain events occur or when it would be equitable to do so. This agreement provides the framework necessary to proceed with required activities that will provide the information necessary for the development of the Master Development Agreement, Ground Lease including master development services and the parcel. The City will only be obligated to reimburse Genterra for any appropriate expenses if one of the two events below occurs.
The CIty will have discretion to approve what costs are reimbursable. Genterra must submit a request to City staff for approval of a reimbursement commitment in advance of the work, to ensure the proposed expenditure meets the scope of this project and is critical for the advancement of the project. Genterra may only request reimbursement commitments for work to be completed by third-party contractors. Genterra will contract with the third-party contractors, and the City will be named as beneficiary of the contract and will be entitled to receive the work product. |
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Financial Impact: | |||||
The City will provide reimbursement to Genterra, up to $100,000, in event one of the following two events occur:
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Policy Impact: | |||||
N/A
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Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives
Regional Plan The Regional Plan considers this an Employment Area and the uses outlined in the RSOQ are consistent with use as an Employment Area. Priority Based Budgeting - Priority and Objective Alignment: Sustainable, Innovative Infrastructure Utilize existing long-range plan(s) that identify the community’s future infrastructure needs & all associated costs. |
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Has There Been Previous Council Decision on This: | |||||
In December, 2020 Council directed staff to negotiate with the highest scoring RSOQ candidate (Genterra, LLC) for a master development agreement for the 31.45 acre parcel. | |||||
Options and Alternatives: | |||||
1. Approve the agreement; 2. Do not approve the agreement, and provide other direction to staff. If Council does not approve this agreement, staff would continue to coordinate with Genterra to make any necessary revisions Council desires and bring a new Reimbursement Agreement back to Council for approval. |
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Background and History: | |||||
The City of Flagstaff (City) owns 31.45 acres of undeveloped property adjacent to the Flagstaff Pulliam Airport. The property is identified as Assessor’s Parcel Number 116-61-006A and is located east of Interstate 17, northwest of John Wesley Powell Boulevard, and southwest of South Pulliam Drive. This property was released to the CIty by the Federal Aviation Administration (FAA) in 1989 and may be developed or sold. Any revenues derived from the property should benefit the Airport. Residential use was strongly discouraged by the FAA due to the proximity to the airport. The revenue generated from this parcel will directly support airport operations. In September of 2019, Coffman & Associates with ESI Corporation conducted a market assessment of the 31.45-acre airport parcel. This assessment provided multiple options for the optimal disposition of this parcel including sale, lease, and other considerations for development and offered best potential uses of the land. In April of 2020, Council provided staff direction to solicit potential master developers through a Request for Statement of Qualifications (RSOQ) process to develop the 31.45-acre airport parcel and maintain ownership of this parcel. Purchasing staff published a Request for Statement of Qualifications (RSOQ) solicitation for Master Developer Services for the Flagstaff Pulliam Airport 31.45 acre parcel in the Arizona Daily Sun on August 16 and 23, 2020 and posted the solicitation to the City of Flagstaff’s PlanetBids Website on August 11, 2020. On September 21, 2020, the City received two (2) Statements of Qualifications (SOQs) from Master Developer firms. The solicitation closed on September 15, 2020. After the RSOQ closed, an evaluation panel reviewed the submitted responses received. Final evaluation scores were tabulated in November of 2020 and Genterra Enterprises, LLC (“Genterra”) was determined to be the highest scoring candidate. In December 2020, Council directed staff to proceed with negotiations with Genterra to develop this parcel. |
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Attachments: | Presentation | ||
Reimbursement Agreement | |||
RSOQ | |||
Market Assessment |
8.B.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Consideration and Approval of Municipal Services Accounts, Miscellaneous Account Receivable, Transaction Privilege Tax and Insufficient Funds Write-offs: Delinquency and Uncollectible Accounts for Fiscal Year 2020-21. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
STAFF RECOMMENDED ACTION: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Approve the write-off of delinquent and uncollectible Municipal Services accounts, Miscellaneous Account Receivables, Transaction Privilege Tax accounts and Insufficient Funds in the combined amount of $277,468.38.
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Executive Summary: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Council is requested to approve the write-offs of $277,468.38 in accounts receivable deemed to be uncollectible for the fiscal year ending June 30, 2021. Generally accepted business practices allow for the write-off of uncollectible accounts annually. City staff has exhausted collection efforts on the eligible accounts and will no longer actively collect them. Where possible, City reports amounts due to a credit reporting agency. As a result, debt that has previously been written off is occasionally paid sometime later to clear a customer's outstanding debt. Pursuant to state law, individual utility account information is not subject to public release. [A brief presentation will be provided with the Final agenda.] |
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Financial Impact: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Each year, the City reserves funds, anticipating there will be uncollectible Municipal Services accounts and Miscellaneous Account Receivables. At the end of each fiscal year, reserves are computed to project potential write-offs for the upcoming year. These are based on a calculation utilizing aged accounts, current year write-offs, as well as consideration of anomalies and anticipated changes in procedures impacting collections. The amount requested to write-off is below the reserve. Total write-offs for the Fiscal Year 2020-21 are broken down as follows:
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Policy Impact: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
None. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
High Performing Governance: Enhance the organization’s fiscal stability and increase efficiency and effectiveness. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Previous Council Decision on This: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
None. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Options and Alternatives: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Background and History: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Municipal Services Bills are for monthly billings of water services, solid waste, and environmental services. Miscellaneous Account Receivables is monthly billing for lease revenue, retiree insurance, and a variety of fees. Transaction Privilege Tax receivables are for City Sales Tax accounts prior to 1/1/2017. Insufficient Funds are related to returned checks and disputed credit card charges at various city locations. Before any account is eligible for a write-off, staff initiates collection efforts on each account after it becomes delinquent. When customers do not pay a past-due bill and do not respond to collection efforts, the City recoups a higher percentage of the delinquent amount by applying the higher deposit to the outstanding balance. Additionally, the higher deposit typically covers the amount due on final bills, reducing write-offs from customers who have moved and have not provided an accurate forwarding address. The other significant change relates to improved teamwork and timeliness of City collection efforts. Customer accounts are being disconnected prior to large unpaid balances accumulating. Customers are being contacted after their accounts are closed and before postal delivery forwarding orders have expired. At that time customers are being notified of the City's intent to report their accounts to a credit reporting agency if the final bills are not paid. To further improve the collection processes, we have begun sending out delinquency postcards and contacting customers via the customer’s preferred method of choice, be it by phone or email. When collection efforts are exhausted, the account is eligible for a write-off. If possible, any amounts due are applied to the customer's credit. If placed on the customer’s credit, the amount owed remains active for 7 years after the delinquency date. Application against the credit of the debtor may lead to the recovery of some delinquent amounts in the future. This often occurs when customers apply for credit via other avenues (i.e. mortgages, car loans, apartment rentals, etc.). Total Municipal Services billings for FY 2020 are estimated at $40.9 million with recommended write-off amounts of $46,254.86 or 0.11% of total revenues. Miscellaneous Accounts Receivables billings at $13.7 million with recommended write-off amounts of $5,386.86 or 0.03% of total revenue. Due to the COVID 19 pandemic, we anticipate Municipal Service billing will be much higher next fiscal year. In January 2017, the Arizona Department of Revenue began collecting our local Transaction Privilege Tax. At the end of the Fiscal Year 2016-17, the City had a receivable balance from the City collected accounts of $928,293.06. Staff continued to work on collections of these accounts and as of June 30, 2020, our receivable balance was $555,305.16. This fiscal year $89,881.32 has been collected by staff efforts and working with the taxpayers. This year, staff is requesting the write-off of thirty-two accounts totaling the amount of $225,674.51 which staff deems uncollectible. These accounts are related to companies that are no longer in business. Below is a five-year history of the City's write-offs:
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Key Considerations: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
For active customer accounts, staff works collections of accounts by using billing statements, postcards, letters, and telephone calls. When customers fail to make payment or set up a payment arrangement for their past due amount, services are terminated and a door hanger is left on the property with instructions on how to reestablish services. Terminated services could include turning off water services or removal of trash and recycle bins as an example. Services are reestablished after a payment and a possible payment arrangement is made or if a new customer request services at that location. If a customer opens a new account, the previous balance is transferred to the new account. If there is no new account and when possible, the amount owed is reported to a credit agency. Since the City's declaration of emergency related to the COVID-19 pandemic, the practice of terminating service for non-payment was eliminated. We understood that during the pandemic, it is best to maintain water and trash/recycling services so that our customer have a safer environment. We continue to provide notices to our customers including monthly bills, post cards and door hangars. We have also mailed a flyer that provided financial resources that are available to pay bills to those with delinquent accounts. Most of our customers have maintained contact and we have several payment plans set up to assist them. There are only a few customers that have made no attempt to contact us or make a payment since July 2020. While the practice to not terminate services is appropriate during the pandemic environment, this will have an impact on future write off of customers' accounts should they close their accounts with us. |
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Community Benefits and Considerations: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
It is sound fiscal management practice to reduce assets to reflect their true valuation. Failure to write-off accounts deemed uncollectible overstates the asset value of the City. The City sets up an annual allowance for uncollectible accounts and currently set at $783,000. The amount requested to write off falls below this allowance. Write-offs are charged back to the fund from which the service or fee had originated from. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Expanded Options and Alternatives: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Inform. Yearly write-offs ensure the City is following generally accepted business practices. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Attachments: | Presentation |
9.A.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Adoption of Resolution No. 2021-26 and Ordinance No. 2021-13: 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-21-00056 Zoning Code Text Amendment - 2021: Marijuana Uses;" 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 Zoning Code provisions to accommodate medical and recreational marijuana and the associated land uses. | |||||
STAFF RECOMMENDED ACTION: | |||||
At the June 1, 2021 Council Meeting:
1) Read Resolution No. 2021-26 by title only 2) City Clerk reads Resolution No. 2021-26 by title only (if approved above) 3) Read Ordinance No. 2021-13 by title only for the first time 4) City Clerk reads Ordinance No. 2021-13 by title only (if approved above) At the June 15, 2021, Council Meeting: 5) Adopt Resolution No. 2021-26 6) Read Ordinance No. 2021-13 by title only for the final time 7) City Clerk reads Ordinance No. 2021-13 by title only (if approved above) 8) Adopt Ordinance No. 2021-13 |
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Executive Summary: | |||||
The proposed amendment (Exhibit A to the Resolution No. 2021-26) modifies the existing marijuana use provisions of the Zoning Code to address Proposition 207 – Smart and Safe Arizona Act (the “Act”) that the Arizona voters approved in November 2020 to allow recreational use of marijuana. Furthermore, the amendment is to implement the City Council’s January 12, 2021, and March 2, 2021, direction to allow dual license (medical and recreational) dispensaries and the testing, cultivation, and manufacturing of marijuana products. The Planning and Zoning Commission reviewed and provided a recommendation of approval at the May 12, 2021, Planning and Zoning Commission meeting. |
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Financial Impact: | |||||
There are no anticipated financial impacts affiliated with the proposed Zoning Code Text Amendment. | |||||
Policy Impact: | |||||
City Council Goal: Grow and strengthen a more equitable and resilient economy.
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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 analysis are included as Attachment 1. |
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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 choose to adopt, modify, or deny the amendment. Proposed Amendment: The proposed amendment (Exhibit A to the Resolution No. 2021-26) modifies the existing marijuana use provisions of the Zoning Code to address Proposition 207 – Smart and Safe Arizona Act (the “Act”) that the Arizona voters approved in November 2020 to allow recreational use of marijuana. Furthermore, the amendment is to implement the City Council’s January 12, 2021, and March 2, 2021, direction to allow dual license (medical and recreational) dispensaries and the testing, cultivation, and manufacturing of marijuana products. To accommodate both the medical marijuana and the associated uses, which is also referred to as Marijuana Establishments, the proposed revisions to the Zoning Code incorporate the following modifications:
Zoning Code Text Amendment Criteria: 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 amendment's primary purpose is to implement the City Council’s direction to update the Zoning Code to conform with the Act and to maintain consistency and conformance with the Regional Plan's (General Plan) goals and policies. Therefore, the modifications would allow for Marijuana Establishments to cultivate, manufacture, sell, and store marijuana products. The proposed provisions address multiple goals and policies of the Regional Plan. Staff’s narrative and comprehensive Regional Plan Conformance Analysis are included as Attachment #1. A summary of the goals and policies that the proposed Zoning Code Text Amendment is consistent and conforms with include:
The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; The provisions of the amendment are not anticipated to be detrimental to the public interest, health, safety, convenience, or welfare of the city. To assist in ensuring that the proposed Marijuana Establishment land uses are not detrimental, minimum separation requirements are established from facilities and locations that contain any of the following uses: daycares, educational, family recreation and entertainment, public libraries and parks, drug or alcohol rehabilitation, and other Marijuana Establishments. In addition, provisions have been incorporated pertaining to the security, disposal of marijuana remnants and by-products, and prohibition of onsite consumption of marijuana products and emissions of dust, fumes, vapors, smoke, or odors into the environment from a Marijuana Establishment C. Finding #3 The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. The amendment is internally consistent, utilizes the existing format, and does not conflict with other Zoning Code provisions. It maintains the Zoning Code’s purpose as a comprehensive contemporary set of land uses and requirements that are straightforward, usable, and easily understood. Citizen Participation: Persons of interest on file with the Planning and Development Services section of the Community Development Division were notified of the Planning and Zoning Commission and City Council work sessions and public hearing via first-class mail. Moreover, notification of the work sessions and public hearings were published on the City’s Facebook and Flagstaff Community Forum web pages and in the Arizona Daily Sun. As of the date of this report, staff has not had any public comments on the proposed Zoning Code Text Amendment. Planning and Zoning Commission Work Session: At the Planning and Zoning Commission Work Session of April 14, 2021, staff reviewed the text amendment application with the Commission. The Commission had a general question regarding the odor regulations to clarify their understanding of the proposed Zoning Code Text Amendment. The existing regulations and proposed Zoning Code Text Amendment maintenance the prohibition of the emittance of odor from a Marijuana Establishment. The Planning and Zoning Commission reviewed and provided a recommendation of approval at the May 12, 2021, Planning and Zoning Commission meeting. City Council Work Session: At the City Council Work Sessions of January 12, 2021, and March 2, 2021, the City Council provided direction to staff to modify the existing medical marijuana Zoning Code provisions to accommodate the Act’s associated uses. In addition, the City Council’s direction included limiting the sales of marijuana to entities that are certified by the State of Arizona to operate as dual licensees (medical and recreational). The direction also included utilizing the applicable medical marijuana Zoning Code criteria for all marijuana uses that the Act addresses. |
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Attachments: | Res. 2021-26 | ||
Exhibit A to the Resolution No. 2021-26 | |||
Ord. 2021-13 | |||
1. Application Narrative and Regional Plan Analysis | |||
Staff Presentation |
10.A.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||||||||||||||||||||||||
Consideration and Adoption of Resolution No. 2021-30: A resolution approving the City of Flagstaff's 2021/2022 Annual Action Plan and authorizing its submission to the U.S. Department of Housing and Urban Development (HUD). | |||||||||||||||||||||||||||
STAFF RECOMMENDED ACTION: | |||||||||||||||||||||||||||
1) Read Resolution No. 2021-30 by title only
2) City Clerk reads Resolution No. 2021-30 (if approved above) 3) Adopt Resolution No. 2021-30 |
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Executive Summary: | |||||||||||||||||||||||||||
This staff summary is for the approval of the 2021/2021 Annual Action Plan to the US Department of Housing and Urban Development (HUD) as part of the Community Development Block Grant Program (CDBG). Council approved the 2021/2022 Annual Action Plan on May 4, 2021, via Resolution 2021-17. Subsequently, on May 13, 2021, HUD issued a notice that 2021 CDBG entitlement awards had been increased by 1.5% of the original allocation or an increase of $8,419. The 2021/2022 Annual Action Plan is now due to be submitted to HUD on June 16, 2021, and is required in order for the City of Flagstaff to maintain its compliance with federal CDBG regulations. Timely submission of these documents will enable the City to continue its annual entitlement allocation of CDBG funding. The new resolution also now includes language to address any further adjustments to the CDBG allocation of 10% or less. Should the City of Flagstaff receive further notice of an adjustment to the CDBG allocation of less than or equal to 10% of the total allocation, the surplus dollars would be applied equally among all housing activities. Conversely, should the City of Flagstaff’s entitlement award decrease, all awarded projects would decrease by an equal percentage. |
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Financial Impact: | |||||||||||||||||||||||||||
Approval of the above resolution is critical to the City of Flagstaff receiving its annual CDBG entitlement allocation. After the 1.5% adjustment, the new 2021/2022 CDBG allocation is $579,786. In addition, the City of Flagstaff is able to include program income and reallocated funds from previous years to increase the funds available for allocation. Total program income and reallocated funds equal $312,406.17 for a grand total of $892,192.17 available for the 2021/2022 program year, through the Annual Action Plan process. Staff's recommendation is to apply the additional $8,419 in equal percentage ($4,209.50 each) to the two housing activities funded by Council on May 4: Catholic Charities for Closing the Gap facility acquisition and Housing Solutions of Northern Arizona for the Owner Occupied Housing Rehabilitation program. Utilizing additional funds for only housing activities avoids any concern about violating the HUD required spending caps on administration and public service activities. Staff is not recommending any of the additional funding be applied to indirect, administration, or planning. |
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Policy Impact: | |||||||||||||||||||||||||||
The City of Flagstaff Council’s CDBG Priorities:
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Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||||||||||||||||||||||||
Priority Based Budgeting
|
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Has There Been Previous Council Decision on This: | |||||||||||||||||||||||||||
On May 4, 2021, Council approved three resolutions authorizing submission of the 2021-2025 Consolidated Plan, Analysis of Impediments to Fair Housing, and 2021/2022 Annual Action Plan (Resolution 2021-17), all HUD required documents for the 2021 program year. The May 4, 2021, Staff Summary is attached and outlines the original Council-approved allocations incorporated into the 2021/2022 Annual Action Plan. | |||||||||||||||||||||||||||
Options and Alternatives: | |||||||||||||||||||||||||||
A) Approve Resolution No. 2021-30 and authorize the submission of the Annual Action Plan to HUD. B) Modify Resolution No. 2021-30 and authorize the submission to HUD. C) Not approve Resolution No. 2021-30 and risk losing future CDBG allocations. |
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Background and History: | |||||||||||||||||||||||||||
Council approved the 2021/2022 Annual Action Plan on May 4, 2021 with Resolution 2021-17. Subsequently, on May 13, 2021, HUD issued a notice that 2021 CDBG entitlement awards had been increased by 1.5% of the original allocation, or an increase of $8,419. The 2021/2022 Annual Action Plan is now due to be submitted to HUD on June 16, 2021, and is required in order for the City of Flagstaff to maintain its compliance with federal CDBG regulations. The Annual Action Plan describes how CDBG funds will be used in the coming year and how the annual allocation will be used to meet community needs identified in the Consolidated Plan. |
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Key Considerations: | |||||||||||||||||||||||||||
Resolution No. 2021-30- Annual Action Plan
The 2021/2022 Annual Action Plan (AAP) identifies how the anticipated 2021 CDBG allocation will address Flagstaff’s community needs identified in the 2021-2025 Consolidated Plan and how funding will be distributed within Flagstaff city limits. On May 13, 2021 HUD issued notification of a 1.5% increase in the 2021 entitlement allocation. Per HUD's guidance, staff is recommending that Council apply the $8,419 in additional funds as outlined below.
Staff's recommendation is that the additional $8,419 be applied in equal percentage to the Housing activities as outlined below. Utilizing additional funds for Housing activities avoids any concern about violating the HUD required spending caps on administration and public service activities. The increased amounts for each Housing activity are $4,209.50/ each. Below are the updated 2021 funding recommendations for the Housing Category:
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Community Benefits and Considerations: | |||||||||||||||||||||||||||
In addition to the approval of the adjusted allocation amounts, the Resolution states that should the City of Flagstaff receive notice of an adjustment to the CDBG allocation of less than or equal to 10% of the total allocation, the surplus dollars would be applied equally among all housing activities. Should the City of Flagstaff’s entitlement decrease, all awarded projects would decrease by an equal percentage. | |||||||||||||||||||||||||||
Community Involvement: | |||||||||||||||||||||||||||
Please see the attached May 4, 2021 Staff Summary for more information. | |||||||||||||||||||||||||||
Expanded Options and Alternatives: | |||||||||||||||||||||||||||
Please see the attached May 4, 2021 Staff Summary for more information. | |||||||||||||||||||||||||||
Attachments: | Res. 2021-30 | ||
Draft 2021 AAP | |||
May 4, 2021 Staff Summary |
10.B.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Consideration and Adoption of Resolution No. 2021-21: A resolution of the Flagstaff City Council, designating its Chief Fiscal Officer for officially submitting the fiscal year 2022 expenditure limitation report to the Arizona Auditor General, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Resolution No. 2021-21 by title only
2) City Clerk reads Resolution No. 2021-21 by title only (if approved above) 3) Adopt Resolution No. 2021-21 |
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Executive Summary: | |||||
Staff is requesting Council adoption of this resolution to formally designate a Chief Fiscal Officer, per Arizona Revised Statutes, Section 41-1279.07(E). The City is required to annually designate a Chief Fiscal Officer for the City for expenditure limitation reporting. | |||||
Financial Impact: | |||||
There is no fiscal impact related to adopting this resolution. | |||||
Policy Impact: | |||||
There is no policy impact related to adopting this resolution. It is intended to follow state statute requirements. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
None. | |||||
Has There Been Previous Council Decision on This: | |||||
No. | |||||
Options and Alternatives: | |||||
|
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Background and History: | |||||
Per Arizona Revised Statutes, Section 41-1279.07(E), the City is required to designate a Chief Fiscal Officer annually for expenditure limitation reporting, as follows: "The governing body of each political subdivision shall provide to the auditor general by July 31 each year the name of the chief fiscal officer designated by the governing body of the political subdivision to officially submit the current fiscal year's expenditure limitation report on behalf of the governing body. The governing body of the political subdivision shall notify the auditor general of any changes of individuals designated to file the required reports. The designated chief fiscal officer shall certify to the accuracy of the annual expenditure limitation report." The Flagstaff City Charter Article IV, Section 3 provides for the appointment of a City Treasurer with approval of the Council. The City Treasurer "shall receive and have custody of all the money of the City" and manage it in compliance with applicable laws and ordinances. The City Treasurer's responsibilities encompass those duties required of a Chief Fiscal Officer, per the law stated above. On September 15, 2015, Rick Tadder was appointed the City Treasurer by Resolution No. 2015-32. Therefore, designating Rick Tadder as the Chief Fiscal Officer is appropriate. |
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Attachments: | Res. 2021-21 |
10.C.
| |||||||||||||
CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
|
TITLE: | |||||
Consideration and Adoption of Resolution No. 2021-24: A resolution of the Flagstaff City Council adopting the City of Flagstaff Public Safety Personnel Retirement System Pension Funding Policy; delegating authority; and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Resolution No. 2021-24 by title only
2) City Clerk reads Resolution No. 2021-24 by title only (if approved above) 3) Adopt Resolution No. 2021-24 |
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Executive Summary: | |||||
The Flagstaff City Council is required to annually adopt a pension funding policy for its funding of the Public Safety Personnel Retirement System ("PSPRS") on or before July 1 pursuant to a new law, Arizona Revised Statutes Section 38-863.01. The policy will also need to be posted on the City's website and updated annually. | |||||
Financial Impact: | |||||
Council will be adopting the Fiscal Year 2021-22 budget on June 15, 2021, which includes funding for the public safety pension plans as outlined in the pension funding policy. The FY 2021-22 budget includes pension contributions of $1,069,401 for Fire pension and $980,537 for Police pension. | |||||
Policy Impact: | |||||
The intent of this policy is to clearly communicate the Council’s pension funding objectives, its commitment to our employees, and the sound financial management of the City, and to comply with Arizona Revised Statutes Section 38-863.01. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
City Council Goals: Personnel: Attract and retain quality staff: Evaluate ways to pay down unfunded pension liabilities in a quicker manner. Regional Plan: Goal PF.3. Provide high-quality emergency response and public safety services including law enforcement, fire, medical, and ambulance transport service. |
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Has There Been Previous Council Decision on This: | |||||
On June 2, 2020, City Council adopted the PSPRS Pension Funding Policy for FY 2020-21. During the April 22&23, 2021 Budget Retreat, City Council discussed the pension funding policy. |
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Options and Alternatives: | |||||
|
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Background and History: | |||||
The City of Flagstaff has two separate pension plans for the City’s public safety staff. While all the PSPRS plans are managed by the State, each plan within PSPRS stands alone by the City and employee group. The two plans for the City are the PSPRS-Fire and the PSPRS-Police. The City and its employees are responsible for the contributions and the City is solely responsible for liabilities of these plans.
The pension funding policy outlines several measures the City is taking to maintaining funding ratios above 100% in our PSPRS plans, including:
During the April Council Budget Retreat, Council approved staff's recommendation for the pension funding policy. |
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Expanded Options and Alternatives: | |||||
Inform: The pension funding policy will inform our community of the policy decisions made by the Council to address the PSPRS unfunded pension liability. Involve: The community was invited to the annual budget retreats and is able to provide comments. |
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Attachments: | Res. 2021-24 | ||
PSPRS Pension Funding Policy |
10.D.
| |||||||||||||
CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
|
TITLE: | |||||
Consideration and Adoption of Resolution No. 2021-27: A resolution of the Council of the City of Flagstaff, Arizona adopting the tentative budget for Fiscal Year 2021-2022. | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Resolution No. 2021-27 by title only
2) City Clerk reads Resolution No. 2021-27 by title only (if approved above) 3) Adopt Resolution No. 2021-27 |
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Executive Summary: | |||||
Arizona Revised Statutes (Sections 42-17101, 42-17102, and 42-17105) require that each municipality adopt and publish, in a specified format, a tentative budget. The adoption of the tentative budget has the effect of establishing an amount that cannot be exceeded in the final adoption of the budget. Furthermore, the adoption of the tentative budget sets into motion a legally mandated time sequence of actions to which the Council must adhere to adopt a final budget and to levy property taxes. |
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Financial Impact: | |||||
The tentative budget must be adopted to set the appropriate sequence of events in place for final budget adoption. | |||||
Policy Impact: | |||||
The Fiscal Year 2021-2022 budget is the guiding document for the financial plan of the City. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
The adoption of the Annual Budget and Financial Plan provides Council direction and financial resources to support the Council Goals, Regional Plan and Team Flagstaff Strategic Plans. | |||||
Has There Been Previous Council Decision on This: | |||||
|
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Options and Alternatives: | |||||
The City may delay the tentative budget adoption until no later than the 3rd Monday in July. While the City would be able to continue operations through a Continuing Disclosure resolution, the City would not be able to commit to any expenditures directly related to the Fiscal Year 2021-2022 budget. | |||||
Background and History: | |||||
The budget is generally presented for tentative adoption in late May or early June to assure funding is appropriated within Key Community Priorities and Objectives at the beginning of the fiscal year. During the summer of 2020, staff engaged the community to confirm, revise or amend the objectives that help deliver our Key Community Priorities. In November 2020, Council approved the changes to the objectives. These priorities and objectives were used to develop the FY 2021-2022 proposed budget. At the December 2020 budget retreat, staff presented several topics including budget introduction, fiscal policies, recession plan, revenue updates, pandemic impacts, and priority based budgeting. During the February 2021 budget retreat staff presented and received further direction from Council for the FY 2020-2021 proposed budget based. Topics included priority based budgeting, revenue updates, fixed cost updates, and compensation. During the April 2021 budget work session, staff presented the City Manager's proposed budget and received Council direction on additional items to be included in the budget. After the April budget work session, divisions provided revised year-end estimates and carryover of funding primarily for capital projects. |
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Key Considerations: | |||||
The adoption of the tentative budget sets into motion a legally mandated time sequence of actions to which the Council must adhere to adopt a final budget and to levy property taxes. If this time sequence is not met as required by statute, the tentative adoption, final adoption of the budget and property tax levy actions, and related publications must be started over. The process is prescribed through the Arizona Revised Statutes. The tentative budget must be adopted no later than the 3rd Monday in July. The schedules for Council budget and property tax levy actions are as follows:
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Community Benefits and Considerations: | |||||
Funds must be appropriated to allow for expenditures to occur. The tentative budget must be adopted to set the appropriate sequence of events in place for final budget adoption. The City Council adopted an Economic Recession Plan ("Recession Plan") which provides guidance in expenditure reduction measures to ensure we stay within the revenue resources we receive as a result of changes in economic conditions. The City monitors financial revenue data throughout the year. |
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Community Involvement: | |||||
The community benefits from an annually adopted budget which then allows the city to provide the necessary services and programs for our citizens. | |||||
Expanded Options and Alternatives: | |||||
Inform and Involve: The Community has the opportunity to be involved at the public hearing held in conjunction with final adoption. Citizens are welcome to attend Council Budget retreats. The City Manager’s recommended budget was discussed during the Council Budget Retreat on April 22 and 23, 2021. Public participation was available. Upon approval of the Tentative Budget Resolution, Budget legal schedules will be published in the June 3, 2021, and June 10, 2021, Arizona Daily Sun to allow for community review. In addition, the legal and other budget schedules will be made available at City Hall, at both Flagstaff Public Libraries, and on the official city website. |
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Attachments: | Res. 2021-27 | ||
FY 2021-22 Tentative Budget | |||
Presentation |
10.E.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Consideration and Adoption of Ordinance No. 2021-06: An Ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 11 acres of real property generally located at 151 West High Country Trail, APNs 112-05-001W and 112-05-011 from the Estate Residential (ER) zone to the Medium Density Residential (MR) zone with conditions, providing for severability, authority for clerical corrections, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | |||||
Staff recommended that the Planning and Zoning Commission forward the Direct to Ordinance Zoning Map Amendment request to the City Council with a recommendation for approval, in accordance with the findings presented in the attached report.
The Planning & Zoning Commission disagreed with staff's recommendation and instead recommends that the City Council, in accordance with the findings, deny the requested Direct to Ordinance Zoning Map Amendment for Aura Flagstaff (PZ-20-00008-01). Should the Council decide to deny the requested Zoning Map Amendment: At the June 1, 2021 Council Meeting: 1) Approve a motion to deny the application for Zoning Map Amendment Should the Council decide to approve the requested Zoning Map Amendment: At the June 1, 2021 Council Meeting: 1) Read Ordinance No. 2021-06 by title only for the first time 2) City Clerk reads Ordinance No. 2021-06 by title only (if approved above) At the June 15, 2021 Council Meeting: 3) Read Ordinance No. 2021-06 by title only for the final time 4) City Clerk reads Ordinance No. 2021-06 by title only (if approved above) 5) Adopt Ordinance No. 2021-06 |
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Executive Summary: | |||||
This item had a public hearing on April 20th. Council voted to delay voting on the item for two weeks. When the item came before Council again on May 4th, the applicant requested to postpone the discussion for four weeks. This request was approved by Council, hence the item now being scheduled for the June 1st meeting. The applicant continues to work with Staff to make changes to the provisions of the development agreement and further changes are anticipated before the final agenda. ***Staff will provide a revised Development Agreement as a separate document next week and will include it in the final packet when it goes out next week.*** Trinsic Acquisition Company LLC has submitted an application for a Direct to Ordinance Zoning Map Amendment to rezone approximately 11 acres located at 151 West High Country Trail from the Estate Residential (ER) zone to the Medium Density Residential (MR) zone for the purpose of a multi-family residential development (Aura Flagstaff). The development site is already located within the Resource Protection Overlay (RPO). The Planning & Zoning Commission held a public hearing on this request on December 9, 2020. The Commission recommended that the City Council deny this request in a 7-0 vote. |
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Financial Impact: | |||||
The Direct to Ordinance Zoning Map Amendment has no financial impact. | |||||
Policy Impact: | |||||
The Direct to Ordinance Zoning Map Amendment has no policy impact. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives Safe & Healthy Community
A complete analysis of the Regional Plan goals and policies can be found in the attached project narrative and Planning & Zoning Commission Staff Report, dated November 24, 2020. |
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Has There Been Previous Council Decision on This: | |||||
There has been no prior Council decisions made in regard to this application. | |||||
Options and Alternatives: | |||||
The City Council may approve the ordinance, approve the ordinance with modified conditions, or deny the ordinance. The Planning & Zoning Commission recommends the City Council, in accordance with the findings, deny the requested Direct to Ordinance Zoning Map Amendment for Aura Flagstaff (PZ-20-00008-01). At the Planning and Zoning Commission meeting, staff had recommended the Planning and Zoning Commission, in accordance with the findings presented in the attached report, forward the Direct to Ordinance Zoning Map Amendment request to the City Council with a recommendation for approval with the following conditions:
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Background and History: | |||||
The development site to be rezoned is approximately 11 acres comprised of two contiguous parcels located just west of the intersection of High Country Trail and Lake Mary Road. The property is a portion of the Auza Family Ranch, historically used for livestock herding between Arizona, Colorado, and California, since before Flagstaff was incorporated. The Auza property has been impacted by the construction of Interstate 17 at the north end of the property, the bisection of the property by High Country Trail, and an electrical utility easement for the high voltage electrical transmission lines along the south side of High Country Trail. The Auzas would like to maintain the existing single-family house constructed in the 1980s and located on the north side of High Country Trail. This Direct to Ordinance Zoning Map amendment proposes to rezone 11 acres, primarily located south of High Country Trail, from Estate Residential (ER) to Medium Density Residential (MR). The electrical utility easement running along the south side of High Country Trail prohibits any structures from being constructed near the street. This pushes the proposed development to the far southern portion of the property, adjacent to the existing single-family residential neighborhood. This project was originally submitted as PZ-17-00218-02 for a 173-unit multifamily residential development with a 16.11 acre project area that included parcels both north and south of High Country Trail. Concerns were raised by staff regarding the proposed concentration of density, proximity to adjacent single-family homes, and the amount of grading on the site. After much consideration, Staff arrived at a recommendation of denial. The Planning and Zoning Commission heard the case on May 22, 2019, and made a recommendation to the City Council of denial. A recording of this meeting may be reviewed on the City’s website: https://flagstaffaz.new.swagit.com/videos/55447 Following the Planning and Zoning Commission hearing, the applicant decided to withdraw the rezoning request. Council did not hear the case. Since then the applicant has made significant changes to the project including a change in the parcels requested to be rezoned. The current application is a request to rezone only two parcels. One parcel includes some property north of High Country Trail, but the majority of the area (9 out of 11 acres) is located south of the road. The current proposal has decreased density from 173 to 160 units. The applicant has increased the setbacks from the adjacent homes. This has resulted in a significant number of existing trees being saved and dramatically reducing the amount of grading along the south property line. The current proposal will retain all stormwater on-site in underground vaults, eliminating the need for a deep retention basin in the area set aside as civic space. This improves the quality of the required public civic space. |
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Key Considerations: | |||||
A draft development agreement has been prepared. The primary purpose of this agreement is to set out roles and responsibilities in regard to the following (not limited to):
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Community Involvement: | |||||
Community benefits and considerations related to this request are addressed in more detail in the attached Planning & Zoning Staff Report, dated November 24, 2020. | |||||
Expanded Options and Alternatives: | |||||
Public hearings before the Planning and Zoning Commission and City Council are conducted in conjunction with requests for Direct to Ordinance Zoning Map Amendments. In accordance with State Statute, a notice of the public hearing was provided by placing an ad in the Daily Sun, posting notices on the property, and mailing a notice to all property owners within 1,000 feet (exceeding the minimum of 300 feet) of the site excluding rights-of-way. The developer held two neighborhood meetings in regard to this case on March 23, 2020, and July 1, 2020. Both meetings were held virtually due to the pandemic. Per the meeting sign-in, approximately thirty-five (35) individuals attended both meetings. Citizen Participation summaries, attached, were prepared in response to the questions, comments and concerns presented. The meetings included a presentation from the developer and a question-and-answer session where questions could be typed into the chat. Comments on the project included the following topics: the area north of the road, open space requirements, traffic impacts, stormwater, views, and tree resources. Two emails from the public have been received as of the writing of the staff report. The emails are from neighbors opposed to the development. Staff also received a letter from the president of the Ponderosa Trails HOA informing staff that a poll of the property owners was conducted and resulted in 88% of respondents opposing the rezoning, 11% in favor, and 1.5% did not have an opinion either way. Copies of the correspondence are attached. |
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Attachments: | P&Z Commission Staff Report | ||
Aura - Fence Plan | |||
Draft Development Agreement | |||
Aura Staff Presentation | |||
Applications | |||
Area Context Map | |||
Ord. 2021-06 | |||
Ex. A Legal Description | |||
Legal Notices | |||
Project Narrative and Regional Plan Analysis | |||
Citizen Participation Plan and Reports | |||
Emails/Letters from Public | |||
01_Site Plans | |||
02_Site Plans and Resource Protection | |||
03_Apartment Bldg Floor Plans | |||
04_Common Bldg Floor Plans | |||
05_Building Elevations | |||
06_Sign and Landscape Plans |
11.A.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE | |||||
Consideration and Possible Direction: Options for a petition to address intentional noise pollution. | |||||
STAFF RECOMMENDED ACTION: | |||||
No formal action required, information only.
|
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EXECUTIVE SUMMARY: | |||||
Background/History: In October of 2019, a Flagstaff resident emailed the Mayor and Council to express his concerns about unnecessary noise pollution. The resident specifically pointed out a concern about vehicles equipped with “intentionally loud automobile mufflers” and went on to say “I can't count the number of times that I have been assaulted by blasts of noise from cars spewing their deep and threatening engine vibrato. Their abuse can be heard, even felt, from blocks away”. This email was followed up by a petition to the Flagstaff City Council containing 29 signatures titled “Intentional Noise Pollution”. This petition requested the city council consider the effects of noise pollution on the quality of life in Flagstaff. It asks the council to address the unnecessary noise created when drivers intentionally modify a vehicle for the sole purpose of increasing their noise footprint. |
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INFORMATION: | |||||
Key Considerations: There is currently a state law addressing this issue presented by the petition: ARS § 28-955. Mufflers; noise and air pollution prevention; emissions control devices; civil penalty; exception A. A motor vehicle shall be equipped at all times with a muffler that is in good working order and that is in constant operation to prevent excessive or unusual noise. B. A person shall not use a muffler cutout, bypass or similar device on a motor vehicle on a highway. C. The engine and power mechanism of a motor vehicle shall be equipped and adjusted to prevent the escape of excessive fumes or smoke. D. Beginning with motor vehicles and motor vehicle engines of the 1968 model year, motor vehicles and motor vehicle engines shall be equipped with emissions control devices that meet the standards established by the director of environmental quality. E. A person who violates this section is subject to a civil penalty of at least one hundred dollars. F. This section does not apply to an electrically powered motor vehicle. This statute provides the ability to enforce this law against loud vehicles but is very subjective because no upper noise limit (in decibels) has been defined within the statute. Enforcement would be at the officer’s discretion and ability to articulate why the vehicle is in violation of the statute. This type of traffic stop would be a low priority for officers conducting proactive traffic enforcement. While loud exhaust is a nuisance, it is not a causal factor in traffic accidents. Our officers are encouraged to focus their traffic enforcement at frequent collision locations while looking for moving violations that contribute to the cause of accidents. The main purpose of traffic enforcement has always been to reduce the number of collisions to protect the public from harm. Police leadership has asked officers to focus their proactive activity to address life safety issues as opposed to nuisance issues. In looking through ordinances enacted in other jurisdictions, the trend is to introduce an ordinance which addresses all sources of nuisance noise instead of focusing on a single source. I have attached two ordinances from the City of Tempe and the Town of Gilbert. Both ordinances have language indicating maximum acceptable noise levels for various activities and locations, including vehicle noise, which can be measured with the appropriate equipment. Another consideration would be who to task with enforcement of a noise ordinance; it can be enforced by personnel in code enforcement or the police department. Both divisions would be able to enforce a nuisance noise ordinance approved by the council. Community Benefits and Considerations: Citizens of Flagstaff would be afforded a legal pathway to pursue a complaint against any entity creating loud nuisance noise at a level that detracts from their quality of life within the Flagstaff community. Financial Implications: If the council decides to move forward with creation of an ordinance to address noise issues in the city, there would be a need to purchase the proper sound level meters necessary for enforcement. In addition, enforcement personnel will need to attend the necessary training to become certified in its use. Certification, and continued recertification, in the use of a class 1 decibel meter would be necessary for the officer, or code enforcement officer, to testify in court. The City would have to purchase one or more Class 1 sound level meters. Class 1 sound level meters cost several hundred dollars each. Each sound level meter would need to be calibrated on a regular basis according to the manufacturer’s specifications. This could create an additional ongoing cost. Each person operating the sound level meter for enforcement would need to receive initial training/certification, and continued recertification, prior to its use. Currently, a five day Community Noise Enforcement Certification Course is offered by Rutgers at the Rutgers Noise Technical Assistance Center (RNTAC). This training is offered in a Webex (online) format. The cost for attending the certification training is $625. The recertification class, which is required every 24 months, is $325. Additional information can be found at: https://envsci.rutgers.edu/rntac/schedule.html. Options and Alternatives:
Attachments/Exhibits:
|
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Attachments: | Tempe Noise Ordinance | ||
Gilbert Noise Ordinance |
11.B.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE | |||||
COVID Update on Library Site Specific Plan and discussion on Jay Lively Ice Arena capacity and vaccine incentives | |||||
STAFF RECOMMENDED ACTION: | |||||
This presentation is for informational purposes. | |||||
EXECUTIVE SUMMARY: | |||||
City staff will provide updates and information related to the Site Specific Plans for the Library and Jay Lively Ice Arena contained with the City's Re-Entry Plan. In addition, information about Coconino County's Big Shot program and legislation about vaccination incentives will be provided to City Council. | |||||
INFORMATION: | |||||
The City's Re-Entry Plan contains Site Specific Plans for each City Library and Recreational facility. The Library and Recreation staff have updated these Site Specific Plans to better describe current capacity. The presentation also includes information about moving to the next tier of the Site Specific Plan. City Council expressed interest in learning about the potential for incentives when a community member is vaccinated for COVID-19. Coconino County is building a program with local businesses to provide rewards for individuals who are vaccinated. The name of the program is Big Shots. More information about this program and how a business can participate can be found on the County's website at www.coconino.az.gov/bigshot. City Council will be updated on the current legislation being considered related to COVID-19 vaccine incentives with House Bill 2190 following the Governor's Executive Order 2021-09. |
|||||
Attachments: | Presentation |
13.A.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE | |||||
City Manager Report | |||||
STAFF RECOMMENDED ACTION: | |||||
Information Only
|
|||||
EXECUTIVE SUMMARY: | |||||
These reports will be included in the City Council packet for regularly scheduled Council meetings, excluding Work Session meetings. The reports are intended to be informational, covering miscellaneous events and topics involving the City organization. | |||||
INFORMATION: | |||||
Attachments: | City Manager Report | ||
Water Services Monthly Report |