ATTENTION
IN-PERSON AUDIENCES AT CITY COUNCIL MEETINGS HAVE RESUMED WITH LIMITED CAPACITY 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*** WE ARE NO LONGER USING TELEPHONE COMMENTS All verbal public comments will be given through a virtual public comment platform If you want to provide a verbal comment during the Council Meeting, use the link below to join the virtual public comment room. VIRTUAL PUBLIC COMMENT WAITING ROOM Written comments may be submitted to publiccomment@flagstaffaz.gov. All comments submitted via email will be considered written comments and will be documented into the record as such. AGENDA |
1. | CALL TO ORDER
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3). |
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2. | ROLL CALL
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3. | PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
MISSION STATEMENT The mission of the City of Flagstaff is to protect and enhance the quality of life for all. |
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4. | PUBLIC PARTICIPATION Public Participation enables the public to address the Council about an item that is not on the agenda. Comments relating to items that are on the agenda will be taken at the time that the item is discussed. If you wish to address the Council at tonight's meeting, please complete a comment card and submit it to the recording clerk as soon as possible. Your name will be called when it is your turn to speak. You may address the Council up to three times throughout the meeting, including comments made during Public Participation. Please limit your remarks to three minutes per item to allow everyone an opportunity to speak. At the discretion of the Chair, ten or more persons present at the meeting and wishing to speak may appoint a representative who may have no more than fifteen minutes to speak. |
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5. | APPROVAL OF MINUTES FROM PREVIOUS MEETINGS |
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A. | Consideration and Approval of Minutes: City Council Regular Meeting of February 4, 2020, City Council Team Building Retreat of December 16, 2020, City Council Orientation Retreat of December 16, 2020, City Council Budget Retreat of December 17, 2020, Special Work Session of August 17, 2021, Special Meeting (Executive Session) of August 24, 2021, Special Meeting (Executive Session) of September 7, 2021, Special Meeting (Executive Session) of September 14, 2021, Special Meeting (Executive Session) of September 14, 2021, Special Meeting (Executive Session) of September 21, 2021, Special Meeting (Executive Session) of September 28, 2021, Special Meeting (Executive Session) of October 5, 2021, and Special Meeting (Executive Session) of October 12, 2021. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
Approve the minutes of the City Council Regular Meeting of February 4, 2020, City Council Team Building Retreat of December 16, 2020, City Council Orientation Retreat of December 16, 2020, City Council Budget Retreat of December 17, 2020, Special Work Session of August 17, 2021, Special Meeting (Executive Session) of August 24, 2021, Special Meeting (Executive Session) of September 7, 2021, Special Meeting (Executive Session) of September 14, 2021, Special Meeting (Executive Session) of September 14, 2021, Special Meeting (Executive Session) of September 21, 2021, Special Meeting (Executive Session) of September 28, 2021, Special Meeting (Executive Session) of October 5, 2021, and Special Meeting (Executive Session) of October 12, 2021.
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6. | CITY MANAGER REPORT | ||||||||
A. | City Manager Report | ||||||||
Information Only
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7. | COUNCIL LIAISON REPORTS | ||||||||
8. | COVID-19 UPDATE | |||||
A. | COVID-19 Update | |||||
This presentation is for informational purposes only.
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9. | APPOINTMENTS Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1). |
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A. | Consideration of Appointment: Sustainability Commission. | |||||
STAFF RECOMMENDED ACTION: | ||||||
Make two appointments to terms expiring October 2022.
Make two appointments to terms expiring October 2024. |
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10. | LIQUOR LICENSE PUBLIC HEARINGS | |||||
A. | Consideration and Action on Liquor License Application: Andrea Lewkowitz "High Country Motor Lodge and General Store," 1000 W. Route 66, Series 10 New License (beer and wine store) and Series 11 (Hotel/Motel), New Licenses. | |||||
STAFF RECOMMENDED ACTION: | ||||||
Open the public hearing.
Receive citizen input. Close the public hearing. The City Council has the option to: (1) Forward the applications to the State with a recommendation for approval; (2) Forward the applications 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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11. | 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 of Ratifying Grant Agreement: Ratify the Grant Agreement between the City of Flagstaff (COF) and the U.S. Department of Transportation, Federal Aviation Administration (FAA) for Airport Rescue Grant Program funding for operational and maintenance expenses directly related to the Flagstaff Pulliam Airport. | |||||
STAFF RECOMMENDED ACTION: | ||||||
Ratify the Grant Agreement in the amount of $1,994,063 for airport operational and maintenance costs.
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B. | Consideration and Approval of Grant Agreement: A Grant Agreement between the City of Flagstaff and the Arizona Department of Transportation (ADOT), Multimodal Planning Division, Aeronautics Group for Environmental Documentation. | |||||
STAFF RECOMMENDED ACTION: | ||||||
Approve the Grant Agreement with the AZ Department of Transportation, Aeronautics Group for grant funds in the amount of $675,000 with a City match of $75,000.
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12. | ROUTINE ITEMS | |||||
A. | Consideration and Adoption of Ordinance No. 2021-18: An Ordinance of the Flagstaff City Council authorizing the acquisition of real property interests for the Beulah/University Roadway Project; providing for delegation of authority, severability, and establishing an effective date | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Ordinance No. 2021-18 by title only for the final time
2) City Clerk reads Ordinance No. 2021-18 by title only (if approved above) 3) Adopt Ordinance No. 2021-18 |
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13. | REGULAR AGENDA | |||||
A. | Consideration and Possible Adoption of Resolution No. 2021-44: A resolution authorizing the execution of the First Amendment to the Mill Town Development Agreement between Vintage Partners, LLC and the City of Flagstaff related to the development of approximately 18.11 acres of real property generally located at 1801 South Milton Road. | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Resolution No. 2021-44 by title only
2) City Clerk reads Resolution No. 2021-44 by title only (if approved above) 3) Adopt Resolution No. 2021-44 |
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B. | Consideration and Adoption of Resolution No. 2021-47: A resolution approving Binding Waivers of Enforcement for seventy parcels of land located in the City of Flagstaff. | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Resolution No. 2021-47 by title only
2) City Clerk reads Resolution No. 2021-47 by title only (if approved above) 3) Adopt Resolution No. 2021-47 |
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14. | DISCUSSION ITEMS | |||||
A. | Lone Tree Overpass Project Update | |||||
Present a design update to City Council for the Lone Tree Overpass Project and facilitate discussion.
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15. | FUTURE AGENDA ITEM REQUESTS After discussion and upon agreement by three members of the Council, an item will be moved to a regularly-scheduled Council meeting. |
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A. | Future Agenda Item Request (F.A.I.R.) A Citizens' Petition requesting "the Council's approval of a character overall of the Southside Neighborhood." | |||||
Council direction.
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B. | Future Agenda Item Request (F.A.I.R.): A request by Councilmember Shimoni to place on a future agenda a discussion regarding temporary urban camping in parks, along streets/public property, on private property, and in cars. | |||||
Council direction.
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C. | Future Agenda Item Request (F.A.I.R.): A request by Councilmember Shimoni to place on a future agenda a discussion about Eugene, OR efforts to house their unsheltered through the Square One Villages. | |||||
Council direction.
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16. | INFORMATIONAL ITEMS TO/FROM MAYOR, COUNCIL, AND STAFF, AND FUTURE AGENDA ITEM REQUESTS | |||||
17. | ADJOURNMENT | |||||
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5.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Approval of Minutes: City Council Regular Meeting of February 4, 2020, City Council Team Building Retreat of December 16, 2020, City Council Orientation Retreat of December 16, 2020, City Council Budget Retreat of December 17, 2020, Special Work Session of August 17, 2021, Special Meeting (Executive Session) of August 24, 2021, Special Meeting (Executive Session) of September 7, 2021, Special Meeting (Executive Session) of September 14, 2021, Special Meeting (Executive Session) of September 14, 2021, Special Meeting (Executive Session) of September 21, 2021, Special Meeting (Executive Session) of September 28, 2021, Special Meeting (Executive Session) of October 5, 2021, and Special Meeting (Executive Session) of October 12, 2021. | |||||
STAFF RECOMMENDED ACTION: | |||||
Approve the minutes of the City Council Regular Meeting of February 4, 2020, City Council Team Building Retreat of December 16, 2020, City Council Orientation Retreat of December 16, 2020, City Council Budget Retreat of December 17, 2020, Special Work Session of August 17, 2021, Special Meeting (Executive Session) of August 24, 2021, Special Meeting (Executive Session) of September 7, 2021, Special Meeting (Executive Session) of September 14, 2021, Special Meeting (Executive Session) of September 14, 2021, Special Meeting (Executive Session) of September 21, 2021, Special Meeting (Executive Session) of September 28, 2021, Special Meeting (Executive Session) of October 5, 2021, and Special Meeting (Executive Session) of October 12, 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: | 02.04.2020 CCRM | ||
12.16.2020 Orientation Retreat | |||
12.16.2020 Team Building Retreat | |||
12.17.2020 Budget Orientation Retreat | |||
08.17.2021 CCSWS | |||
08.24.2021 CCSMES | |||
09.07.2021 CCSMES | |||
09.14.2021 CCSMES | |||
09.21.2021 CCSMES | |||
09.28.2021 CCSMES | |||
10.05.2021 CCSMES | |||
10.12.2021 CCSMES |
6.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE | |||||
City Manager Report | |||||
STAFF RECOMMENDED ACTION: | |||||
Information Only
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EXECUTIVE SUMMARY: | |||||
***Report will be sent to Council over the weekend and posted to the agenda on Monday*** 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. |
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INFORMATION: | |||||
Attachments: | City Manager Report |
8.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE | |||||
COVID-19 Update | |||||
STAFF RECOMMENDED ACTION: | |||||
This presentation is for informational purposes only.
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EXECUTIVE SUMMARY: | |||||
City staff will present the updated COVID-19 dashboard data and an update on Navajo and Hopi Tribal Nations situation with COVID-19. | |||||
INFORMATION: | |||||
The COVID-19 dashboard includes information on new cases, hospitalization, COVID-related deaths, community transmission level, vaccination status and variants. The Navajo and Hopi Tribal Nations update will include information about the number of cases, any emergency orders, and related press releases. |
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Attachments: | Presentation |
9.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration of Appointment: Sustainability Commission. | |||||
STAFF RECOMMENDED ACTION: | |||||
Make two appointments to terms expiring October 2022.
Make two appointments to terms expiring October 2024. |
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Executive Summary: | |||||
The Sustainability Commission consists of seven citizens and is responsible for recommending and coordinating activities in concert with the City of Flagstaff Sustainability Program. To accomplish this objective, the Commission will address the social, economic, and environmental considerations of meeting the needs of current and future citizens. Among the Commission’s directives are the promotion of sustainable practices in all spheres of life and educating Flagstaff citizens. There are currently four seats available due to three resignations and one term expiration. The commission is having a hard time meeting quorum, so staff recommends appointing all four seats at this time. It is important to fill vacancies on Boards and Commissions quickly so as to allow the Commission to continue meeting on a regular basis. There are four applications on file for consideration by the Council, they are as follows:
COUNCIL APPOINTMENT ASSIGNMENT: Councilmember Salas, Councilmember Sweet, Councilmember Shimoni, and Mayor Deasy |
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Financial Impact: | |||||
These are voluntary positions and there is no budgetary impact to the City of Flagstaff. | |||||
Policy Impact: | |||||
Not applicable. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
There is no Council goal that specifically addresses appointments to Boards and Commissions; however, boards and commissions provide input and recommendations based on City Council goals that may pertain to the board or commission work plan. | |||||
Has There Been Previous Council Decision on This: | |||||
None | |||||
Options and Alternatives: | |||||
1) Appoint four Commissioners: By appointing three members at this time, the Sustainability Commission will be at full membership, allowing the group to meet and provide recommendations to the City Council. 2) Postpone the action to allow for further discussion or expand the list of candidates. |
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Community Involvement: | |||||
The City's boards, commissions, and committees were created to foster public participation and input and to encourage Flagstaff citizens to take an active role in city government. | |||||
Expanded Options and Alternatives: | |||||
INFORM: The vacancies are posted on the City's website and individual recruitment and mention of the openings by Board members and City staff has occurred, informing others of these vacancies through word of mouth. | |||||
Attachments: | Sustainability Commission Authority |
10.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Action on Liquor License Application: Andrea Lewkowitz "High Country Motor Lodge and General Store," 1000 W. Route 66, Series 10 New License (beer and wine store) and Series 11 (Hotel/Motel), New Licenses. | |||||
STAFF RECOMMENDED ACTION: | |||||
Open the public hearing.
Receive citizen input. Close the public hearing. The City Council has the option to: (1) Forward the applications to the State with a recommendation for approval; (2) Forward the applications 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. A series 11 license allows the holder of a hotel/motel license to sell and serve spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. High Country Motor Lodge and High Country Motor Lodge General Store are new business in Flagstaff. If approved, these will be the 32nd active series 10 license and the 5th active series 11 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 is no Council goal that applies. | |||||
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 October 22, 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 September 29, 2021. No written protests have been received to date. | |||||
Attachments: | Letter to Applicant | ||
Hearing Procedures | |||
Series 10 Description | |||
Series 11 Description | |||
PD Memo - Hotel | |||
Zoning Memo - Hotel | |||
PD Memo - General Store | |||
Zoning Memo - General Store | |||
Map |
11.A.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Consideration of Ratifying Grant Agreement: Ratify the Grant Agreement between the City of Flagstaff (COF) and the U.S. Department of Transportation, Federal Aviation Administration (FAA) for Airport Rescue Grant Program funding for operational and maintenance expenses directly related to the Flagstaff Pulliam Airport. | |||||
STAFF RECOMMENDED ACTION: | |||||
Ratify the Grant Agreement in the amount of $1,994,063 for airport operational and maintenance costs.
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Executive Summary: | |||||
City Council is being requested to ratify the City Manager's acceptance of the FAA Grant Offer, which provides funds for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. The grant funds may be used for expenses incurred no earlier than January 20, 2020 and ending four (4 years) or (1,460 calendar days) from the date of acceptance. The FAA encourages airports to spend the funds expeditiously to reduce the adverse impacts of the current public health emergency. |
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Financial Impact: | |||||
The funds under the American Rescue Plan Act for the FAA Airport Rescue Grant are available at a 100% Federal share and there is no local match required. |
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Policy Impact: | |||||
None. The grant funds will help protect public health and airport operations. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives Safe & Healthy Community - Ensure the built environment is safe through the use of consistent standards, rules and regulations, and land use practices. - Promote physical health through providing recreation opportunities, parks, open space & multiple transportation options. Sustainable, Innovative Infrastructure - Deliver outstanding services to residents through a healthy, well maintained infrastructure system. - Provide effective management of and infrastructure for all modes of transportation. |
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Has There Been Previous Council Decision on This: | |||||
No | |||||
Options and Alternatives: | |||||
- Ratify and accept the Grant Agreement which will provide and funding to operate and maintain the Flagstaff Pulliam Airport. - Do not ratify and accept the Grant Agreement and funding. |
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Background and History: | |||||
The Airport Rescue Grant is provided in accordance with the American Rescue Plan Act ( “ARP Act”, or “the Act”), Public Law 117-2, as described below, to provide eligible Sponsors with funding for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. Airport Rescue Grant amounts to specific airports are derived by legislative formula (See Section 7102 of the Act). | |||||
Key Considerations: | |||||
The Grant Offer was made August 13, 2021, and the deadline for acceptance was September 30, 2021. The City Manager has accepted the Grant Offer in order to meet the grant deadline. The Grant funds will help protect public health and airport operations. The purpose of this Airport Rescue Grant is to prevent, prepare for, and respond to the coronavirus pandemic. Funds provided under this Airport Rescue Grant Agreement must be used only for purposes directly related to the airport. Such purposes can include the reimbursement of an airport’s operational expenses or debt service payments in accordance with the limitations prescribed in the Act. Airport Rescue Grants may be used to reimburse airport operational expenses directly related to Flagstaff Pulliam incurred no earlier than January 20, 2020. Airport Rescue Grants also may be used to reimburse a Sponsor’s payment of debt service where such payments occur on or after March 11, 2021. Funds provided under this Airport Rescue Grant Agreement will be governed by the same principles that govern “airport revenue.” New airport development projects not directly related to combating the spread of pathogens may not be funded with this Grant. Funding under this Grant for airport development projects to combat the spread of pathogens will be reallocated using an addendum to this Agreement for identified and approved projects. |
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Community Involvement: | |||||
To prevent, prepare for, and respond to coronavirus impacts, including support for continuing airport operations. | |||||
Expanded Options and Alternatives: | |||||
Inform. | |||||
Attachments: | Grant Agreement #3-04-0015-048-2021 |
11.B.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Consideration and Approval of Grant Agreement: A Grant Agreement between the City of Flagstaff and the Arizona Department of Transportation (ADOT), Multimodal Planning Division, Aeronautics Group for Environmental Documentation. | |||||
STAFF RECOMMENDED ACTION: | |||||
Approve the Grant Agreement with the AZ Department of Transportation, Aeronautics Group for grant funds in the amount of $675,000 with a City match of $75,000.
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Executive Summary: | |||||
The grant funds will be used to finance a project for Environmental Documentation (Categorical Exclusion and/or Environmental Assessment for Airside and Landside Improvements). This project will help enable the City to meet future grant requirements to improve the Flagstaff Pulliam Airport. | |||||
Financial Impact: | |||||
The ADOT Grant for $675,000 will cover 90% of the cost for the Environmental Documentation and the City will cover the 10% match amount of $75,000, for a total project cost of $750,000. This project is budgeted in account 221-07-222-6310-0-4208. | |||||
Policy Impact: | |||||
None | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives
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Has There Been Previous Council Decision on This: | |||||
No prior action has been presented to City Council. | |||||
Options and Alternatives: | |||||
- Accept the Grant Agreement which will provide funding for Environmental Documentation for the Flagstaff Pulliam Airport. - Accept the Grant Agreement and funding. |
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Background and History: | |||||
The airport is looking to complete an Environmental Assessment for the airport to cover projects including movement of Taxi lane Whiskey, purchase of land in the Runway Protection Zone and additional work planned over the next 5 years. In addition, the planner could be utilized for other airport planning documents such as updates on Airport Layout Plan, Sustainability Master Plan, Airport Master Plan, Certification Manual, Airport Security Master Plan, Minimum Standards, Rules and Regulations, Safety Management System, Airport Safety Plan, as well as Title VII Civil Rights Plan, Disadvantaged Business Enterprise plans. | |||||
Key Considerations: | |||||
The current Airport Master Plan has identified short, mid and long term projects. Some of these projects require environmental assessments before they can proceed. This grant will assist in hiring an airport planner to complete the required environmental documentation in addition, other required airport planning documents. | |||||
Attachments: | ADOT Grant Agreement E2S1F01E |
12.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Adoption of Ordinance No. 2021-18: An Ordinance of the Flagstaff City Council authorizing the acquisition of real property interests for the Beulah/University Roadway Project; providing for delegation of authority, severability, and establishing an effective date | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Ordinance No. 2021-18 by title only for the final time
2) City Clerk reads Ordinance No. 2021-18 by title only (if approved above) 3) Adopt Ordinance No. 2021-18 |
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Executive Summary: | |||||
The City has determined that it is necessary to obtain additional property interests for the Beulah/University Roadway Project. Adoption of this ordinance will authorize the acquisition of the real property interests for the project, as required by the Flagstaff City Charter. A public/private partnership (P3) between the City of Flagstaff, Arizona Department of Transportation and Vintage Partners, LLC, commonly known as the Mill Town project was entered into in order to, in part, enable the extension of Beulah Boulevard to University Avenue and the realignment of University Avenue. The P3 has resulted in many agreements detailed in the background/history. The Mill Town Final Plat, a result of the P3, approved on December 3, 2019, delivers most of the right-of-way required for this project. The related Development Agreement between the City and Vintage Partners, LLC, governs the acquisition of any additional easements or rights-of-ways required for the project, specifically providing the City the opportunity to obtain all required property interests, if necessary. |
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Financial Impact: | |||||
The Beulah /University Roadway Project is currently budgeted in FY2021-2022 in the amount of $7,355,616 in the Transportation Fund. | |||||
Policy Impact: | |||||
None. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives Safe and Healthy Community -
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Has There Been Previous Council Decision on This: | |||||
There have been many previous City Council actions related to this project as outlined in the Background/History. | |||||
Options and Alternatives: | |||||
1. Approve ordinance 2. Do not approve property acquisitions, and provide other direction. |
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Background and History: | |||||
On May 16, 2000, the voters of Flagstaff passed proposition 403 which established the local transportation tax 2000 to provide funding for a variety of transportation system improvements including the arterial and collector street system, and multi-modal elements. The information pamphlet for this proposition specifically identified the Beulah Boulevard extension and the University Avenue realignment as “missing links” within the overall transportation network. The exhibit for proposition 403 showed an alignment for these roadways similar to the current proposal. The transportation tax has been collected on a pay-as-you-go basis with a total of $7.375 million allocated for these transportation improvements. These funds became 100% available as of July 1, 2017; however, many years of work have been spent on moving this project forward. In 2005, the City of Flagstaff acquired APN 103-21-002, a 9.58-acre site known as the “Fresquez Parcel” for approximately $2.7 million. This purchase was the first step in moving this transportation project to fruition and provides the majority of right-of-way necessary to accomplish the Beulah Boulevard extension. In order to accomplish the University Avenue/Drive realignment, the ADOT District Offices and Regional Laboratory need to be relocated. Following the acquisition of the Fresquez parcel, the City and ADOT began to explore options for partnerships in order to relocate the ADOT facilities. In July 2009, the Arizona P3 (Public-Private-Partnership) Legislation was passed, allowing for partnerships between a public agency (in this case two public agencies) and a private-sector entity to allow greater participation in the delivery of a transportation project. Typically, the public agency assumes all the risks and responsibilities for a transportation project, but under the P3 the private partner takes on some of those risks and responsibilities. The Flagstaff P3 is the first time this initiative has been used to acquire new facilities for ADOT, which will free up land for roadway improvements and redevelopment. A Memorandum of Understanding was executed on March 28, 2012, and set out the parameters for how this P3 project would function. The City and ADOT would combine the remainders of their parcels after right-of-way dedication to be used for redevelopment. The redevelopment parcel would then be traded from ADOT to the developer for relocated ADOT facilities. ADOT issued a Request for Qualifications in March 2012 to solicit a private partner who could relocate the ADOT facilities allowing for the construction of the road improvement project. The selected private sector partner was Vintage Partners, who proposed to relocate the ADOT facilities to the former Harkins Theater on Woodlands Village Boulevard. The P3 project was formalized through a Pre-Development Agreement (PDA) between Vintage, the City, and ADOT in December 2014. The PDA provides an overview of the various transactions, authorizes Vintage Partners to prepare and submit required materials for a Site Plan and Rezoning application for ADOT and City property located between Milton Parkway and Beulah Avenue, provides an anticipated schedule, requires an implementation agreement between ADOT and Vintage Partners, provides the term of the agreement, provides remedies for disputes and includes miscellaneous provisions required for an ADOT P3 project. On August 21, 2017, the City Council approved the Reinstatement of, and First Amendment to the P3 Pre-Development Agreement extending the term to December 31, 2017; on December 19, 2017, a Second Amendment was approved that extended the term to March 31, 2018; on March 20, 2018, a Third Amendment was approved that extended the term to June 30, 2018. On April 17, 2018, City Council approved the Development Agreement (DA) between The City and Vintage Partners. The DA provides for the sequence of approvals to facilitate the conveyance of the City Property to ADOT, the relocation of ADOT to the former Harkins Site, and the recordation of the final plat. It acknowledges that other agreements, including an Inter-Governmental Agreement between the City and ADOT, and an Implementation Agreement between ADOT and Vintage, will also speak to the timing and conditions for the property transfers from the City to ADOT, and ADOT to Vintage. On August 18, 2018, City Council approved an IGA between the City and ADOT in order to facilitate the completion of the project. On December 3rd, 2019, City Council approved the Mill Town Final Plat. |
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Key Considerations: | |||||
The property acquisitions will enable the CIty to complete planned roadway improvements. | |||||
Community Involvement: | |||||
The University/Beulah roadway improvements have been identified as an important project to incrementally address the existing congestion problem on Milton Road. | |||||
Expanded Options and Alternatives: | |||||
Inform - The public voiced opinions on the proposed P3/Mill Town project during a public hearing which occurred prior to the rezone and development agreement which were approved by the City Council on April 17, 2018. Involve - Public participation was included in the rezoning process. Collaborate - P3/Mill Town is certainly a collaboration between the State, City, and Vintage Partners, LLC, a private company, and the public who commented during the public hearing on the rezoning. Empower - The voters of Flagstaff approved the 2000 Transportation Tax which funded the Fresquez acquisition and the $7.4 million programed in the Capital program for the University/Beulah roadway improvements. |
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Attachments: | Presentation | ||
Ord. 2021-18 | |||
Ordinance Exhibit 1 | |||
Ordinance Exhibit 2 | |||
Ordinance Exhibit 3 |
13.A.
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CITY OF FLAGSTAFF | |||||||||||||||
STAFF SUMMARY REPORT | |||||||||||||||
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TITLE: | |||||
Consideration and Possible Adoption of Resolution No. 2021-44: A resolution authorizing the execution of the First Amendment to the Mill Town Development Agreement between Vintage Partners, LLC and the City of Flagstaff related to the development of approximately 18.11 acres of real property generally located at 1801 South Milton Road. | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Resolution No. 2021-44 by title only
2) City Clerk reads Resolution No. 2021-44 by title only (if approved above) 3) Adopt Resolution No. 2021-44 |
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Executive Summary: | |||||
State law allows the City to enter into development agreements by resolution of the City Council. The First Amendment to the Mill Town Development Agreement will be between Vintage Partners, LLC and the City of Flagstaff. The development agreement amendment governs the terms and conditions of the entitlements, transportation improvements, construction budget and payments, and requirements for on and off-site improvements. The proposed Mill Town project consists of a total of 18.11 acres which includes future development parcels and the city right-of-way located generally at 1801 South Milton Road. ***The amendment to the Development Agreement will be provided with the final agenda*** |
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Financial Impact: | |||||
The City has budgeted funds for the Combined Roadway project as defined in the Development Agreement in the Transportation tax 5-year capital improvement plan. The project is currently still in design and final estimates have not yet been prepared. Additionally, funds may be need to identified for this project. | |||||
Policy Impact: | |||||
There are no policy impacts affiliated with this development agreement. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives Identify smart traffic management, multi-modal transportation, and alternative energy opportunities Regional Plan Goal T.1 Improve mobility and access throughout the region. Goal T.2 Improve transportation safety and efficiency for all modes. |
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Has There Been Previous Council Decision on This: | |||||
The City Council approved a Zoning Map Amendment, Preliminary Plat and Development Agreement for the Mill Town project, as part of a public-private-partnership (P3), on April 17, 2018. The P3 project was formalized through a Pre-Development Agreement between Vintage, the City, and the Arizona Department of Transportation in March 2015. | |||||
Options and Alternatives: | |||||
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Background and History: | |||||
On May 16, 2000, the voters of Flagstaff passed proposition 403 which established the local transportation tax 2000 to provide funding for a variety of transportation system improvements including the arterial and collector street system, and multi-modal elements. The information pamphlet for this proposition specifically identified the Beulah Boulevard extension and the University Avenue realignment as “missing links” within the overall transportation network. The exhibit for this proposition showed an alignment for these roadways similar to the current proposal. The transportation tax has been collected on a pay-as-you-go-basis with a total of $7.375 million allocated for these transportation improvements. These funds became 100% available as of July 1, 2017; however, many years of work have been spent on moving this project forward. In 2005, the City of Flagstaff acquired APN 103-21-002, a 9.58-acre site known as the “Fresquez Parcel” for approximately $2.7 million. This purchase was the first step in moving this transportation project to fruition and provides the majority of right-of-way necessary to accomplish the Beulah Boulevard extension. In order to accomplish the University Avenue/Drive realignment, the ADOT District Offices and Regional Laboratory needed to be relocated. The City and ADOT began to explore options for partnerships in order to relocate the ADOT facilities. In July 2009, the Arizona P3 (Public-Private-Partnership) Legislation was passed, allowing for partnerships between a public agency (in this case two public agencies) and a private-sector entity to allow greater participation in the delivery of a transportation project. Typically, the public agency assumes all the risks and responsibilities for a transportation project, but under the P3 the private partner takes on some of those risks and responsibilities. The Flagstaff P3 is the first time this initiative has been used to acquire new facilities for ADOT, which freed up land for roadway improvements and redevelopment. A Memorandum of Understanding was executed on March 28, 2012, and set out the parameters for how this P3 project would function. The City and ADOT would combine the remainders of their parcels after right-of-way dedication to be used for redevelopment. The redevelopment parcel would then be traded from ADOT to the developer for relocated ADOT facilities. ADOT issued a Request for Qualifications in March 2012 to solicit a private partner who could relocate the ADOT facilities allowing for the construction of the road improvement project. The selected private sector partner was Vintage Partners, who proposed to relocate the ADOT facilities to the former Harkins Theater on Woodlands Village Boulevard. The P3 project was formalized through a Pre-Development Agreement (PDA) between Vintage, the City, and ADOT in March 2015. This PDA granted Vintage Partners the authority to apply for the required entitlements to pursue redevelopment of the remaining lands. ADOT and the City agreed to cooperate in good faith with Vintage Partners in order to process these entitlements, recognizing that the Flagstaff City Council retains its full discretion to approve or deny the entitlement applications. The PDA also committed a total of $7.375 million for the extension of Beulah Boulevard and the realignment of University Avenue, which was to be completed by Vintage Partners in conjunction with their redevelopment project. |
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Key Considerations: | |||||
The primary purpose of the proposed amendment to the Mill Town development agreement is to reassign responsibility for the administration of the remaining design and construction of the Combined Roadway Project which is defined as the City's transportation improvements, the University Avenue sewer upgrade, and the Milton pedestrian and bicycle underpass. The amendment further defines Vintage Partners' contribution to construct the Combined Roadway Project with financial responsibilities remaining the same. Vintage Partners will pay the City $1.65 million as soon as the City has entered into a contract for construction of the Combined Roadway Improvements and the City will construct the underpass in conjunction with the City's transportation improvements. Vintage Partners will reimburse the City for the remainder of its share within five years of the City's acceptance of final underpass improvements. The City will lien a portion of the Mill Town property for the unpaid costs on the underpass in conjunction with the execution of the development agreement amendment. | |||||
Expanded Options and Alternatives: | |||||
Neighborhood meetings are not required for amendments to development agreements. No public meetings have been held in regard to this proposed amendment. | |||||
Attachments: | Res. 2021-44 | ||
1st Amendment to Mill Town DA |
13.B.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Adoption of Resolution No. 2021-47: A resolution approving Binding Waivers of Enforcement for seventy parcels of land located in the City of Flagstaff. | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Resolution No. 2021-47 by title only
2) City Clerk reads Resolution No. 2021-47 by title only (if approved above) 3) Adopt Resolution No. 2021-47 |
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Executive Summary: | |||||
On November 17, 2020, the Flagstaff City Council adopted a land use law, Ordinance 2020-28, generally referred to as the High Occupancy Housing amendments, which made various amendments to the Flagstaff Zoning Code. Arizona Revised Statutes §12-1134 (“Prop 207”) allows a property owner to seek just compensation when a city adopts a land use law that reduces the property owner’s existing rights to use, divide, sell, or possess private real property and such action reduces the fair market value of the property. The property owners listed in the attached Binding Waiver of Enforcement filed claims for just compensation under Prop 207, asserting that the amendments to the Flagstaff Zoning Code adopted by Ordinance 2020-28 reduced their rights to use their respective properties and thereby collectively reduced the fair market value of the 70 properties by approximately $51 million. In response to a claim for just compensation under Prop 207, a city may reach an agreement with the property owner on the demanded compensation, deny the demanded compensation and defend such denial in litigation, amend the land use law, repeal the land use law, or issue to the property owner a binding waiver of enforcement of the land use law on the owner’s specific parcels. If the City Council approves and adopts the attached resolution approving the Binding Waiver of Enforcement for the 70 properties identified therein, these properties will not be subject to the High Occupancy Housing amendments adopted by Ordinance 2020-28. |
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Financial Impact: | |||||
Adoption of the resolution and approval of the Binding Waivers of Enforcement will moot the pending claims for just compensation. | |||||
Policy Impact: | |||||
None. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
None. | |||||
Has There Been Previous Council Decision on This: | |||||
No. | |||||
Attachments: | Res. 2021-47 | ||
Exhibit - Binding Waivers of Enforcement | |||
HOH Ord. 2020-28 | |||
HOH Res. 2020-59 | |||
Presentation |
14.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE | |||||
Lone Tree Overpass Project Update | |||||
STAFF RECOMMENDED ACTION: | |||||
Present a design update to City Council for the Lone Tree Overpass Project and facilitate discussion.
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EXECUTIVE SUMMARY: | |||||
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INFORMATION: | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: Safe and Healthy Community -
A previous City Council reviewed options for the Lone Tree Overpass bond project and directed Staff to prepare ballot language for a $73M bond project to be funded through secondary property tax in the 2018 election, which was passed by the Flagstaff voters. On February 2, 2021, the City Council awarded the first design phase agreement to Ames. |
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Attachments: | Presentation |
15.A.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE | |||||
Future Agenda Item Request (F.A.I.R.) A Citizens' Petition requesting "the Council's approval of a character overall of the Southside Neighborhood." | |||||
STAFF RECOMMENDED ACTION: | |||||
Council direction.
|
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EXECUTIVE SUMMARY: | |||||
In accordance with Art. II, Sect. 17 of the Flagstaff City Charter, any citizen may present a written petition to the City Manager, signed by a minimum of 25 citizens from the City...who shall present it to the Council at its next regular meeting. The attached petition was filed with the City Clerk's Office on September 28, 2021, requesting "the Council's approval of a character overall of the Southside Neighborhood." | |||||
INFORMATION: | |||||
Chapter 1-12 of the Flagstaff City Code formalizes the information to be required, and the attached petition conforms to those requirements. As outlined in this chapter, the petition is to be submitted to the Council under Future Agenda Item Request (F.A.I.R.) to determine if there is Council interest in placing the item on a future agenda for consideration. | |||||
Attachments: | Petition #2021-10 |
15.B.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE | |||||
Future Agenda Item Request (F.A.I.R.): A request by Councilmember Shimoni to place on a future agenda a discussion regarding temporary urban camping in parks, along streets/public property, on private property, and in cars. | |||||
STAFF RECOMMENDED ACTION: | |||||
Council direction.
|
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EXECUTIVE SUMMARY: | |||||
Rule 4.01, Procedures for Preparation of Council Agendas, of the City of Flagstaff City Council Rules of Procedure outlines the process for bringing items forward to a future agenda. Councilmember Shimoni has requested this item be placed on an agenda under Future Agenda Item Requests (F.A.I.R.) to determine if there are two other members of Council interested in placing it on a future agenda. | |||||
INFORMATION: | |||||
Attachments: |
15.C.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE | |||||
Future Agenda Item Request (F.A.I.R.): A request by Councilmember Shimoni to place on a future agenda a discussion about Eugene, OR efforts to house their unsheltered through the Square One Villages. | |||||
STAFF RECOMMENDED ACTION: | |||||
Council direction.
|
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EXECUTIVE SUMMARY: | |||||
Rule 4.01, Procedures for Preparation of Council Agendas, of the City of Flagstaff City Council Rules of Procedure outlines the process for bringing items forward to a future agenda. Councilmember Shimoni has requested this item be placed on an agenda under Future Agenda Item Requests (F.A.I.R.) to determine if there are two other members of Council interested in placing it on a future agenda. | |||||
INFORMATION: | |||||
Attachments: |