CITY COUNCIL REGULAR MEETING AGENDA
All City Council Meetings are live streamed on the city's website (https://www.flagstaff.az.gov/1461/Streaming-City-Council-Meetings) ***PUBLIC COMMENT*** Verbal public comments may be given through a virtual public comment platform or in-person If you want to provide a verbal comment during the Council Meeting, use the link below to join the virtual public comment room. VIRTUAL PUBLIC COMMENT WAITING ROOM Written comments may be submitted to publiccomment@flagstaffaz.gov. All comments submitted via email will be considered written comments and will be documented into the record as such. |
1. | CALL TO ORDER
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3). |
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2. | ROLL CALL
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3. | PLEDGE OF ALLEGIANCE, MISSION STATEMENT, AND LAND ACKNOWLEDGEMENT
MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
LAND ACKNOWLEDGEMENT The Flagstaff City Council humbly acknowledges the ancestral homelands of this area’s Indigenous nations and original stewards. These lands, still inhabited by Native descendants, border mountains sacred to Indigenous peoples. We honor them, their legacies, their traditions, and their continued contributions. We celebrate their past, present, and future generations who will forever know this place as home.
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4. | APPROVAL OF MINUTES FROM PREVIOUS MEETINGS | ||||||||
A. | Consideration and Approval of Minutes: City Council Regular Meeting of March 1, 2022, Regular Meeting of March 15, 2022, Work Session of February 28, 2023, and Regular Meeting of March 7, 2023. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
Approve the minutes of the City Council Regular Meeting of March 1, 2022, Regular Meeting of March 15, 2022, Work Session of February 28, 2023, and Regular Meeting of March 7, 2023.
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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. | PROCLAMATIONS AND RECOGNITIONS |
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A. | Proclamation: Child Abuse Prevention Month | ||||||||
B. | Proclamation: Week of the Young Child | ||||||||
C. | Proclamation: Water Awareness Month | ||||||||
7. | COUNCIL LIAISON REPORTS | ||||||||
8. | APPOINTMENTS Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1). |
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A. | Consideration of Appointments: Library Board. | |||||
STAFF RECOMMENDED ACTION: | ||||||
Make one appointment to a term expiring November 2023.
Make one appointment to a term expiring November 2025. |
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9. | LIQUOR LICENSE PUBLIC HEARINGS | |||||
A. | Consideration and Action on Liquor License Application: Scott Russel Perry Bromley, "Sizzler #429," 2105 S. Milton Road, Series 12 (restaurant), New License. | |||||
STAFF RECOMMENDED ACTION: | ||||||
Open the public hearing.
Receive citizen input. Close 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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10. | CONSENT ITEMS
All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items. |
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A. | Consideration and Approval of Contract: Approve the Construction Contract with Morning Dew Landscaping, Inc. in the amount of $261,057.30 ($241,212.00 base bid plus $19,845.30 contract allowance) for the Route 66 and Fanning S. Edge Landscaping Project. | |||||
STAFF RECOMMENDED ACTION: | ||||||
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B. | Consideration and Approval of Contract: Approve a Materials and Services Contract with JE Fuller Hydrology & Geomorphology, Inc. in the amount of $61,000 for the Purchase of Flood Alert Gauges and Maintenance to be 100% Reimbursed by the State Department of Forest and Fire Management. | |||||
STAFF RECOMMENDED ACTION: | ||||||
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C. | Consideration and Approval of Contract: Reimbursement Agreement with Coconino County for a sewer main extension from the University Heights neighborhood to Ft. Tuthill. | |||||
STAFF RECOMMENDED ACTION: | ||||||
Approve the Reimbursement Agreement and authorize the City Manager to execute on behalf of the City of Flagstaff.
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D. | Consideration and Approval of Ratification: Letter of Support for the Shadow Mountain Regional Flood Detention Structure | |||||
STAFF RECOMMENDED ACTION: | ||||||
Approve Letter of Support for the Shadow Mountain Regional Flood Detention Structure
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11. | ROUTINE ITEMS | |||||
A. | Consideration and Adoption of Ordinance No. 2023-06: An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 17.08 acres of real property generally located at 2950 East Butler Avenue, from the Rural Residential (RR) and Medium-Density Residential (MR) zones with a Resource Protection Overlay (RPO) to the Highway Commercial (HC) zone with an RPO, providing for severability, authority for clerical corrections, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | ||||||
1. Read Ordinance No. 2023-06 by title only for the final time
2. City Clerk reads Ordinance No. 2023-06 by title only (if approved above) 3. Adopt Ordinance No. 2023-06 |
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12. | REGULAR AGENDA | |||||
A. | Consideration and Adoption of Resolution No. 2023-16 : A resolution of the Flagstaff City Council, authorizing the execution of a development agreement between the City of Flagstaff and MICM BUTLER LOFTS PROJECT LP, SIERRA VISTA NO 6 L.L.C., and BROOKSTONE VENTURES L.C. for the Lofts on Butler, related to the development of approximately 17.2 acres of land located at 2950 East Butler Ave and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Resolution No. 2023-16 by title only
2) City Clerk reads Resolution No. 2023-16 by title only (if approved above) 3) Adopt Resolution No. 2023-16 |
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B. | Consideration and Adoption of Ordinance No. 2023-05: An Ordinance of the City Council of the City of Flagstaff, amending Flagstaff City Code, Title 14 Human Relations, Chapter 14-02 Civil Rights, Section 14-02-001-0006 Complaint Procedures, to allow a verified charge to be filed within one hundred and eighty (180) calendar days after the alleged violation occurred; providing for repeal of conflicting ordinances, severability, authority for clerical corrections, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | ||||||
At the March 21, 2023 Council Meeting:
1) Read Ordinance No. 2023-05 by title only for the first time 2) City Clerk reads Ordinance No. 2023-05 At the April 4, 2023 Council Meeting: 4) Read Ordinance No. 2023-05 by title only for the final time 5) City Clerk reads Ordinance No. 2023-05 6) Adopt Ordinance No. 2023-05 |
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C. | Consideration and Adoption of Ordinance No. 2023-07: An ordinance of the Flagstaff City Council authorizing the acquisition of real property for the Cinder Lake Landfill Road Improvement Project; providing for delegation of authority, repeal of conflicting ordinances, severability, authority for clerical corrections, and establishing an effective date | |||||
STAFF RECOMMENDED ACTION: | ||||||
At the April 4, 2023 Council Meeting:
1) Read Ordinance No. 2023-07 by title only for the first time 2) City Clerk reads Ordinance No. 2023-07 by title only (if approved above) At the April 18, 2023 Council Meeting: 3) Read Ordinance No. 2023-07 by title only for the final time 4) City Clerk reads Ordinance No. 2023-07 by title only (if approved above) 5) Adopt Ordinance No. 2023-07 |
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D. | Consideration and Adoption of Ordinance No. 2023-08: An ordinance of the City Council of the City of Flagstaff authorizing the acquisition of real property interests for the Schultz Creek Stabilization Project and the Highway 180 Culvert Project; providing for delegation of authority, severability, repeal of conflicting ordinances, authority for clerical corrections, and establishing an effective date | |||||
STAFF RECOMMENDED ACTION: | ||||||
At the April 4, 2023 Council Meeting:
1) Read Ordinance No. 2023-08 by title only for the first time 2) City Clerk reads Ordinance No. 2023-08 by title only (if approved above) At the April 18, 2023 Council Meeting: 3) Read Ordinance No. 2023-08 by title only for the final time 4) City Clerk reads Ordinance No. 2023-08 by title only (if approved above) 5) Adopt Ordinance No. 2023-08 |
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E. | Consideration and Adoption of Ordinance No. 2023-09: An ordinance of the City Council of the City of Flagstaff dedicating a public access easement across city-owned property located at 3500 N. West St.; providing for delegation of authority, repeal of conflicting ordinances, severability, clerical corrections, and establishing an effective date | |||||
STAFF RECOMMENDED ACTION: | ||||||
At the April 4, 2023 Council Meeting:
1) Read Ordinance No. 2023-09 by title only for the first time 2) City Clerk reads Ordinance No. 2023-09 by title only (if approved above) At the April 18, 2023 Council Meeting: 3) Read Ordinance No. 2023-09 by title only for the final time 4) City Clerk reads Ordinance No. 2023-09 by title only (if approved above) 5) Adopt Ordinance No. 2023-09 |
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F. | Consideration and Adoption of Ordinance No. 2023-10: An ordinance of the Flagstaff City Council authorizing the acquisition of real property interests for the Milton Road and University Avenue right-of-way project; providing for delegation of authority, repeal of conflicting ordinances, severability, clerical corrections, and establishing an effective date | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Ordinance No. 2023-10 by title only for the first time
2) City Clerk reads Ordinance No. 2023-10 by title only (if approved above) 3) Read Ordinance No. 2023-10 by title only for the final time (requires unanimous vote) 4) City Clerk reads Ordinance No. 2023-10 by title only (if unanimously approved above) 5) Adopt Ordinance No. 2023-10 (requires unanimous vote) |
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13. | FUTURE AGENDA ITEM REQUESTS After discussion and upon agreement by three members of the Council, an item will be moved to a regularly-scheduled Council meeting. |
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A. | Future Agenda Item Request (F.A.I.R.): A Citizens' Petition titled Declare Macy's Coffeehouse as a historic landmark | |||||
Council direction.
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14. | PUBLIC PARTICIPATION | |||||
15. | INFORMATIONAL ITEMS TO/FROM MAYOR, COUNCIL, AND STAFF, AND FUTURE AGENDA ITEM REQUESTS | |||||
16. | 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 Regular Meeting of March 1, 2022, Regular Meeting of March 15, 2022, Work Session of February 28, 2023, and Regular Meeting of March 7, 2023. | |||||
STAFF RECOMMENDED ACTION: | |||||
Approve the minutes of the City Council Regular Meeting of March 1, 2022, Regular Meeting of March 15, 2022, Work Session of February 28, 2023, and Regular Meeting of March 7, 2023.
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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: | 03.01.2022 CCRM | ||
03.15.2022 CCRM | |||
02.28.2023 CCWS | |||
03.07.2023 CCRM |
8.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration of Appointments: Library Board. | |||||
STAFF RECOMMENDED ACTION: | |||||
Make one appointment to a term expiring November 2023.
Make one appointment to a term expiring November 2025. |
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Executive Summary: | |||||
The Flagstaff City-Coconino County Public Library Board consists of two County residents, four City residents, and one each non-voting member, or designee, of the City Council and the Board of Supervisors. The Library Board serves as a citizen's advisory board to the Library Director. There are currently two City resident seats available due to a term expiration and a resignation. It is important to fill vacancies on boards and commissions quickly so as to allow them to continue meeting on a regular basis. There are five applications on file for consideration by the Council as follows:
In an effort to reduce exposure to personal information the applicant roster and application will be submitted to the City Council separately.
COUNCIL APPOINTMENT ASSIGNMENT: Councilmember Sweet and Councilmember Matthews |
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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 Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
There is no Council goal that specifically addresses appointments to Boards and Commissions; however, boards and commissions do provide input and recommendations based on City Council goals that may pertain to the board or commission work plan. | |||||
Has There Been Previous Council Decision on This: | |||||
None | |||||
Options and Alternatives: | |||||
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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 opening by Commission members and City staff has occurred, informing others of this vacancy through word of mouth and social media. | |||||
Attachments: | Library Board Authority |
9.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Action on Liquor License Application: Scott Russel Perry Bromley, "Sizzler #429," 2105 S. Milton Road, Series 12 (restaurant), New License. | |||||
STAFF RECOMMENDED ACTION: | |||||
Open the public hearing.
Receive citizen input. Close 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 at the property and holding a public hearing, after which the Council recommendation is forwarded back to the State. A Series 12 license allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Sizzler #429 is an existing business in Flagstaff. If approved, it will be the 92nd series 12 license in Flagstaff. Series 12 licenses are non-quota licenses. To view surrounding liquor licenses, please refer to the online interactive Liquor License 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 Priorities/Objectives, Carbon Neutrality Plan & 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 location and the applicant's personal qualifications. The deadline for issuing a recommendation on this application is April 7, 2023. |
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Community Involvement: | |||||
This business will contribute to the tax base of the community. | |||||
Expanded Options and Alternatives: | |||||
The application was properly posted on March 15, 2023. No written protests have been received to date. | |||||
Attachments: | Letter to Applicant | ||
Hearing Procedures | |||
Series 12 Description | |||
PD Memo | |||
Zoning Memo | |||
Map |
10.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||||||||||
Consideration and Approval of Contract: Approve the Construction Contract with Morning Dew Landscaping, Inc. in the amount of $261,057.30 ($241,212.00 base bid plus $19,845.30 contract allowance) for the Route 66 and Fanning S. Edge Landscaping Project. | |||||||||||||
STAFF RECOMMENDED ACTION: | |||||||||||||
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Executive Summary: | |||||||||||||
City Council is being requested to approve award of a contract for construction of the Route 66 and Fanning S. Edge Landscaping project in accordance with the approved improvement plans prepared by The WLB Group. The project is located along the southeast corner of the intersection of Route 66 and Fanning Drive. The project is located on a City owned parcel between Route 66 and the BNSF right-of-way. The project will enhance the existing landscape to draw attention to the street frontage and block the view of the industrial area to the south. The project was designed to incorporate themes from the Route 66 Park located to the northeast of the site. The Route 66 and Fanning S. Edge Landscaping project generally includes installation of new landscaping elements consisting of native trees, shrubs, and grasses; installation of “FUTS-Style” fencing with U.S. Route 66 signs; installation of berms and basalt boulders to provide screening and increase aesthetics; and installation of reclaimed waterlines for irrigation. On January 31, 2023, City Procurement released an invitation for bids ("IFB") to the public for the Route 66 and Fanning S. Edge located along the southeast corner of the intersection of Route 66 and Fanning. The IFB process was competitive, fair, and transparent. Morning Dew Landscaping, Inc. was the lowest responsible and responsive bidder and was selected as the contractor for this project. |
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Financial Impact: | |||||||||||||
The project is funded by:
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Policy Impact: | |||||||||||||
No impact. | |||||||||||||
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||||||||||
Priority Based Budget Key Community Priorities and Objectives
Safe & Healthy Community
Sustainable, Innovative Infrastructure
Livable Community
Environmental Stewardship
DD-2: Create inclusive networks for walking and biking that are continuous, attractive, safe, comprehensive, and convenient for people of all ages.
HF-5: Encourage diverse native plant ecosystems in the built environment. Regional Plan E&C.6. Protect, restore, and improve ecosystem health and maintain native plant and animal community diversity across all land ownerships in the Flagstaff region.
OS.1.3. Use open spaces as natural environment buffer zones to protect scenic views and cultural resources, separate disparate uses, and separate private development from public lands, scenic byways, and wildlife habitats. OS.1.5. Integrate open space qualities into the built environment. CC4.3. Employ design solutions that balance the interface of the natural and built environments, with the most urbanized core activity areas being the most built, and the most rural areas being the most natural. CC4.5. Encourage local landscaping using Xeriscape, low-impact principles, and native vegetation wherever possible. CC4.6. Use landscaping to benefit the environment and improve aesthetics, to maximize the economic benefit that a well landscaped community provides. |
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Has There Been Previous Council Decision on This: | |||||||||||||
City Council has previously approved the FY 2023 Capital Improvement 5-Year Plan and authorized the FY 2023 budget for this project. Council has also seen and expressed support for the plan for projects honoring the legacy and Flagstaff’s role in the Route 66 story. | |||||||||||||
Options and Alternatives: | |||||||||||||
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Background and History: | |||||||||||||
On January 31, 2023, the Purchasing Section posted an Invitation for Bids (IFB) solicitation for construction on the PlanetBids website and advertised the IFB in the Arizona Daily Sun on February 12th, and February 19th, 2023. There were two bids received and opened electronically on February 28, 2023. A summary of the bids received are identified in the Key Considerations section below. Morning Dew Landscaping, Inc. was determined to be the lowest responsive and responsible bidder. | |||||||||||||
Key Considerations: | |||||||||||||
On February 28th, 2023, bids were received to construct the Route 66 and Fanning S. Edge Landscaping project. The summary results are listed below. Engineers Estimate: $198,453.00
The contract allowance is established to address unanticipated items of work, unknown items of work and/or differing field conditions and with authorization will be included in the contract amount. The allowance is used only at the City’s discretion. See attached allowance justification form. Change Order Authority establishes a dollar amount (10% of the contract amount) and provides the City Manager, on behalf of the Council, administrative authority to amend the contract amount in response to unforeseen costs that are more than the contracted amount. |
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Attachments: | Construction Contract | ||
Exhibit A | |||
Context Map | |||
Vicinity Map | |||
Exhibit B | |||
Allowance Justification Form |
10.B.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | ||||||||||||||||||
Consideration and Approval of Contract: Approve a Materials and Services Contract with JE Fuller Hydrology & Geomorphology, Inc. in the amount of $61,000 for the Purchase of Flood Alert Gauges and Maintenance to be 100% Reimbursed by the State Department of Forest and Fire Management. | ||||||||||||||||||
STAFF RECOMMENDED ACTION: | ||||||||||||||||||
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Executive Summary: | ||||||||||||||||||
Staff recommends that the City Council approve a Materials and Services Contract (Contract) with JE Fuller Hydrology & Geomorphology, Inc. (JE Fuller) to expand the City’s rain and flood alert gauge network and provide regular maintenance of the gauge instrumentation. If the Contract is approved the City will move forward immediately with a $61,000 system expansion to allow for the installation of new gauges before the 2023 monsoon season. The purchase will be reimbursed 100% by the State Department of Forest and Fire Management (DFFM). Reimbursement will be coordinated with the Grants and Contract Management Division. This expansion was approved by the State for funding this winter and will include new early alert gauges in the headwaters of the Rio de Flag. The alert network supports public safety by sending automated alerts to the Police, Fire, Water Services, and Public Works Divisions. The data generated is also used by Stormwater to model flood frequency and stream characteristics. The network includes at least one flood alert gauge per FEMA floodway within the City. Annual maintenance of the gauge network is a requirement of FEMA for credit in the Community Rating System (CRS) a service of FEMA to help reduce Federal flood insurance premiums for residents within the Flagstaff community (currently a 25% discount). |
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Financial Impact: | ||||||||||||||||||
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Policy Impact: | ||||||||||||||||||
No policy impact.
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Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | ||||||||||||||||||
The Contract supports the Council Goals of "Transportation and Infrastructure" by providing real-time public safety alerts and forensic information to design more flood resistant infrastructure. Additionally this gauge system provides valuable information that supports the "Environmental and Natural Resources" and "Climate Change" goals by providing precipitation and stream flow data to environmental scientists and civil engineers. Finally, the Contract supports "Economic Development" goals by adequately sizing flood infrastructure and providing data to re-map FEMA Special Flood Hazard Areas. | ||||||||||||||||||
Has There Been Previous Council Decision on This: | ||||||||||||||||||
No. | ||||||||||||||||||
Options and Alternatives: | ||||||||||||||||||
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Background and History: | ||||||||||||||||||
The City operates a flood alert network that consists of both rain and stream flow gauges on an ALERT1 public safety network. The oldest gauge is on the Rio de Flag at Peak View Street and has been in operation for over 15 years. The newest gauges were installed last year as the network continues to expand to eventually monitor each of the FEMA floodways within the City. The alert network is useful for public safety sending automated alerts to the police, fire, water services, and public works divisions, the data is also used by Stormwater to model flood frequency and stream characteristics. In December 2022, the City received DFFM funding for a series of gauges in the Rio de Flag headwaters and for enhanced monitoring in post-fire areas. These gauges will provide early warning for monsoon floods and potential future wildfire impacted sub-watersheds. The gauges requested of DFFM included:
Annual maintenance has been conducted since at least 2011. Maintenance is required by FEMA for Community Rating System (CRS) credits. CRS credits allow the community a discount to their National Flood Insurance Policy (NFIP) rates. Flagstaff currently receives a 25% discount, one of the best CRS ratings in Arizona. A previous service contract with JE Fuller (TER-2019-248-AG2) has since lapsed. JE Fuller was selected for this Contract using a proprietary selection process. JE Fuller operates a proprietary software package (JEFMAP/JEFDAQ) that is used by the City, Coconino County Flood Control District, and the Arizona Department of Water Resources, moving away from this package would be costly and reduce the level of service. Previous gauge installation bids (2020 gauge expansion) found the JE Fuller was also the lowest bid due to the specialty nature of the ALERT gauge network and lack of local providers beyond JE Fuller. JE Fuller has provided the City with gauge installation, maintenance, and reporting since 2011. |
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Community Involvement: | ||||||||||||||||||
The flood alert network provides early warning of flooding in the community as well as important data for flood risk modeling, climate change modeling, and general hydrology data useful for re-mapping FEMA floodplains and external research. The expansion of the network will increase the utility of the gauges for those benefits listed above, procured annual maintenance will provide a long lasting benefit through maintaining the system and providing CRS FEMA credits. The flood alert network empowers the community by allowing residents to see rain and flow events in real time through the City's rain gauge website (https://www.flagstaff.az.gov/4111/Rainfall-and-Stream-Gauge-Data). The longer term data has been used by NAU students for projects as well as consultants to provide background data for storm drain sizing. The real-time data is also used by the Coconino County Flood Control District, and City Emergency Management, especially downstream of the Museum Fire and Pipeline Fire. |
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Attachments: | Contract and Exhibits |
10.C.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Approval of Contract: Reimbursement Agreement with Coconino County for a sewer main extension from the University Heights neighborhood to Ft. Tuthill. | |||||
STAFF RECOMMENDED ACTION: | |||||
Approve the Reimbursement Agreement and authorize the City Manager to execute on behalf of the City of Flagstaff.
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Executive Summary: | |||||
In 2021 Coconino County completed the construction of a sewer main that connects Ft. Tuthill Park to the City of Flagstaff's sewer collection system in University Heights. As part of this project the City also paid for an upsizing of the sewer line that will serve as a regional benefit to the area. In constructing this line the County provided a significant benefit to the area by providing sewer service where it did not previously exist. In accordance with City Code section 7-08, Extension and Reimbursement Agreement for the Construction of Water and Sewer Line, any developer (in this case Coconino County) may request a reimbursement agreement be put in place to recapture a proportional share of the cost of the sewer line that benefits the properties in the area. This Reimbursement Agreement between the City of Flagstaff and Coconino County allows the City to collect the calculated proportional shares from individual properties when they tie into this system, and convey those payments to the County. | |||||
Financial Impact: | |||||
When a reimbursement agreement is established the beneficiary (Coconino County) is responsible to pay a fee established by code. This fee is intended to cover the City's cost to administer the agreement. For this agreement the City will collect $10,000 from the County. No direct budget impact is expected from entering into this agreement. | |||||
Policy Impact: | |||||
There is no expected policy impact expected with the approval of this agreement. This agreement is in accordance with existing codes, policies, and past council decisions as listed below.
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Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives
Sustainable, Innovative Infrastructure
Carbon Neutrality Plan CR-1: Ensure all mitigation actions improve Flagstaff's ability to adapt to the future.
Regional Plan WR.2.2. Maintain and develop facilities to provide reliable, safe, and cost-effective water, wastewater, and reclaimed water services.
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Has There Been Previous Council Decision on This: | |||||
In March of 2020 the City of Flagstaff entered into an agreement with Coconino County entitled "AMENDED AND RESTATED PERMANENT EASEMENT FOR WELLS, DRAINAGE, SEWER, AND WATER PIPELINES (Fort Tuthill)". This agreement expressed the County's intent to request a reimbursement agreement in accordance with City Code. Additionally, within this agreement the City agreed that "The City Council at a public meeting will consider amending the code to allow a recapture period of up to 20 years." The County has since completed the sewer main extension contemplated in this agreement. On December 6th, 2022 City Council approved a code revision adopting the change to the recapture period, which is included in the agreement. | |||||
Community Benefits and Considerations: | |||||
Coconino County has invested $1,702,464.31 in eligible reimbursement costs related to extending a city sewer line to Fort Tuthill. The County requested using the reimbursement agreement to recover cost from properties that benefit from this extension. As future development asks to connect to this sewer line, they will need to pay their proportional share. The City will collect these funds and then forward to Coconino County. | |||||
Attachments: | Reimbursement Agreement |
10.D.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Approval of Ratification: Letter of Support for the Shadow Mountain Regional Flood Detention Structure | |||||
STAFF RECOMMENDED ACTION: | |||||
Approve Letter of Support for the Shadow Mountain Regional Flood Detention Structure
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Executive Summary: | |||||
Senator Mark Kelly’s office has asked that the City of Flagstaff to send a letter of support to the Army Corps of Engineers for the Shadow Mountain Flood Detention Basin ($3.3M) that will be considered by his office for funding. | |||||
Financial Impact: | |||||
None. | |||||
Policy Impact: | |||||
None. | |||||
Connection to PBB Key Community Priorities/Objectives & Regional Plan: | |||||
PBB Key Community Priorities:
Safe & Healthy Community Sustainable, Innovative Infrastructure Livable Community |
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Previous Council Decision on This: | |||||
None. | |||||
Attachments: | Letter of Support |
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12.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Adoption of Resolution No. 2023-16 : A resolution of the Flagstaff City Council, authorizing the execution of a development agreement between the City of Flagstaff and MICM BUTLER LOFTS PROJECT LP, SIERRA VISTA NO 6 L.L.C., and BROOKSTONE VENTURES L.C. for the Lofts on Butler, related to the development of approximately 17.2 acres of land located at 2950 East Butler Ave and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Resolution No. 2023-16 by title only
2) City Clerk reads Resolution No. 2023-16 by title only (if approved above) 3) Adopt Resolution No. 2023-16 |
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Executive Summary: | |||||
State law allows the City to enter into development agreements by resolution of the City Council with landowners and persons having an interest in real property in order to facilitate the development of the property. The Lofts on Butler Development Agreement will be between MICM BUTLER LOFTS PROJECT LP, SIERRA VISTA NO 6 L.L.C., BROOKSTONE VENTURES L.C. and the City of Flagstaff. The Development Agreement is intended to facilitate the development of approximately 17.2 acres of land generally located at 2950 East Butler Ave. The applicant intends to develop the property for use as a mixed-use project consisting of commercial retail and residential land uses. The property is currently zoned Medium-Density Residential (MR) and Rural Residential (RR) and the applicant is requesting to rezone the property to Highway Commercial (HC). The proposed agreement governs the terms and conditions of the entitlements, on site improvements, in-lieu fees for frontage improvements to the property, the developer's responsibility to provide a left-hand turn lane into the development from Butler Ave, a proportional payment for a permanent stop light at N Fourth Street and Butler Ave, a proportional share of the Soliere transmission main secondary water source for the area, administration of the Affordable Housing Plan, quantifies the multi-family dwelling unit mix, and the quantity and type of on-site bicycle parking and electric vehicle charging stations and infrastructure installation. | |||||
Financial Impact: | |||||
There are no financial impacts associated with the Development Agreement. | |||||
Policy Impact: | |||||
There are no policy impacts associated with the Development Agreement. | |||||
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives
Carbon Neutrality Plan
Regional Plan
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Has There Been Previous Council Decision on This: | |||||
There have been no prior Council decisions made in regard to this application. | |||||
Options and Alternatives: | |||||
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Background and History: | |||||
An application for a Direct to Ordinance Zoning Map amendment requires the applicant to submit fully developed site plans with all supporting information required for site plan review and approval concurrently with the Zoning Map amendment application. Once the Zoning Map amendment is approved by the Council, then the applicant may proceed directly to construction plan and building permit review, and no additional site plan review is required. However, if the Council adds conditions of approval that require substantial amendments to the site plan, as determined by the Director, then a revised application shall be submitted for site plan review and approval prior to building permit review and approval. This application from MICM BUTLER LOFTS PROJECT LP proposes to develop four vacant parcels (APN 106-04-007C, 106-04-006B, 107-11-001B, and 107-44-062) into a mixed-use project within the HC zone that will include 172 residential units, 2,154 SF of office space, and a future separate parcel to be developed as a commercial use. Two of the parcels (APN 106-04-006B and 107-11-001B) currently have RR zoning and parcel APN 107-44-062 is zoned MR. The remaining parcel (APN 106-04-007C) is currently already zoned HC. The purpose of the rezoning is to create an entire 17.20-acre site zoned HC and with a Resource Protection Overlay. Approximately 1.09-acres of the total site will become a separate parcel dedicated to a future commercial building (not included in the approved Site Plan.) The resulting approximate 16-acre parcel will be the development site for the mixed-use project (please reference the approved Site Plan drawings attached to this report.) The mixed-use development site will consist of (43) 5,550-sq.ft., 2-story residential buildings containing 4 units each, and a separate 5.000-sq.ft. building with 2,806 sq. ft. of clubhouse space and 2,154 of sq. ft. of commercial office space. There will be (26) 1-bedroom units, (120) 2-bedroom units, and (26) 3-bedroom units. The proposed density for the development is 10.8 units per acre, below the maximum 29 units per acre allowed in the zone. The proposed density also meets the minimum Regional Urban Activity Center characteristic of 8 units per acre in mixed-use developments. The Highway Commercial zone is characterized by the development of commercial uses in addition to residential uses to provide diversity in housing choices. The requested rezoning would allow the development of a mixed-use project consisting of commercial office space and multi-family residential uses on the parcel. The commercial portion of the mixed-use project is required to be constructed either prior to, or simultaneous with, the residential component of the development and may not at any time be separated from the existing parcel. Residential uses with more than two units are permitted in the HC zone as part of a mixed-use development located above or behind the commercial uses. Office uses are permitted in the HC zone. The development includes vehicular and bicycle parking spaces, open and civic spaces and provides 5% of the residential units as Affordable Housing units. |
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Key Considerations: | |||||
The draft Development Agreement is attached to this report. The primary purpose of this agreement is to set out roles and responsibilities regarding 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 Planning and Zoning Commission staff report, dated February 15, 2023, attached to the Zoning Map Amendment staff summary. | |||||
Expanded Options and Alternatives: | |||||
Per the requirements of Flagstaff Zoning Code Section 10-20.40.060(E)(1) to provide notice of the City Council’s public meeting concerning the Development Agreement, pursuant to the public hearing requirements of Section 10-20.30.080, Notice of Public Hearings, the applicant mailed notification letters to affected properties and property owners within a 300' radius of the development site and posted a sign on the development site in compliance with Zoning Code Section 10-20.30.080(B). Staff posted a legal ad in the Saturday, March 18, 2023, newspaper as required in Zoning Code Section 10-20.30.080(B)(5)(a). A Citizen Participation Report is attached to this agenda item. | |||||
Attachments: | Res. 2023-16 | ||
Ex. A - Development Agreement | |||
DA Exhibits | |||
Application | |||
Legal Ad | |||
Public Hearing Notification | |||
DA Presentation |
12.B.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Adoption of Ordinance No. 2023-05: An Ordinance of the City Council of the City of Flagstaff, amending Flagstaff City Code, Title 14 Human Relations, Chapter 14-02 Civil Rights, Section 14-02-001-0006 Complaint Procedures, to allow a verified charge to be filed within one hundred and eighty (180) calendar days after the alleged violation occurred; providing for repeal of conflicting ordinances, severability, authority for clerical corrections, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | |||||
At the March 21, 2023 Council Meeting:
1) Read Ordinance No. 2023-05 by title only for the first time 2) City Clerk reads Ordinance No. 2023-05 At the April 4, 2023 Council Meeting: 4) Read Ordinance No. 2023-05 by title only for the final time 5) City Clerk reads Ordinance No. 2023-05 6) Adopt Ordinance No. 2023-05 |
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Executive Summary: | |||||
Ordinance 2023-05 will amend the City's Civil Rights Ordinance to allow a complaint to be filed within 180 days after an alleged violation occurs. Currently, complaints must be filed within 90 days after the alleged violation occurs. This amendment will align the City's Ordinance with similar statutes in both Federal and Arizona law. | |||||
Financial Impact: | |||||
No Financial Impact | |||||
Policy Impact: | |||||
Enactment of Ordinance No. 2023-05 will amend the City's Civil Rights Ordinance, which provides protections to people based upon numerous classes in both employment and public accommodation, to allow a complaint to be filed within 180 days after an alleged violation occurs. This would align the City's Ordinance with similar statutes in both Federal and Arizona law. | |||||
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives
Inclusive & Engaged Community: Quartile 1 Program (Most Aligned)
Livable Community: Quartile 2 Program (More Aligned) Carbon Neutrality Plan N/A
Regional Plan N/A
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Has There Been Previous Council Decision on This: | |||||
On March 5, 2013, City Council adopted Ordinance No. 2013-08 establishing the Civil Rights Ordinance | |||||
Attachments: | Ord. 2023-05 |
12.C.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Adoption of Ordinance No. 2023-07: An ordinance of the Flagstaff City Council authorizing the acquisition of real property for the Cinder Lake Landfill Road Improvement Project; providing for delegation of authority, repeal of conflicting ordinances, severability, authority for clerical corrections, and establishing an effective date | |||||
STAFF RECOMMENDED ACTION: | |||||
At the April 4, 2023 Council Meeting:
1) Read Ordinance No. 2023-07 by title only for the first time 2) City Clerk reads Ordinance No. 2023-07 by title only (if approved above) At the April 18, 2023 Council Meeting: 3) Read Ordinance No. 2023-07 by title only for the final time 4) City Clerk reads Ordinance No. 2023-07 by title only (if approved above) 5) Adopt Ordinance No. 2023-07 |
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Executive Summary: | |||||
Landfill Road (Road), also known as Forest Road 6010, is under the jurisdiction of the Coconino National Forest, Flagstaff Ranger District (Forest Service) and has been the primary access route to Cinder Lake Landfill (Landfill) since 1965 under a Special Use Permit issued by the Forest Service. Structural evaluations of the Road concluded that the existing pavement is failing and in irreparable condition. The City began design work on roadway improvements in 2016 and delivered these efforts to the Forest Service in 2017. In October of 2022, the Forest Service concluded the Environmental Assessment (EA) for the project and delivered a decision and finding of no significant impact (FONSI). The Landfill anticipates construction to begin in summer 2023. The Road improvements will primarily occur within a new, 60' wide right of way easement granted from the Forest Service to the City; however, in order to smooth out curves 1 and 3 of the Road, approximately 16,627 square feet from the adjacent properties within Johnson's Ranch Subdivision will need to be acquired as right of way. This ordinance authorizes all necessary private property acquisitions required for the Cinder Lake Landfill Road Improvement Project. |
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Financial Impact: | |||||
The Cinder Lake Landfill Road Improvement Project is an approved budget item in Fiscal Year (FY) 2023 through 2024. Acquisitions for the project will be charged to Solid Waste Fund in account 211-06-167-0631-0-4433 (Improvements to Land). Based off the appraised value, $100,000 has been allocated for property acquisitions. |
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Policy Impact: | |||||
None | |||||
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives Safe & Healthy Community
Community Resilience
E&C.7. Give special consideration to environmentally sensitive lands in the development design and review process. PF.2. Provide sustainable and equitable public facilities, services, and infrastructure systems in an efficient and effective manner to serve all population areas and demographics. T.4. Promote transportation infrastructure and services that enhance the quality of life of the communities within the region. T.8 Establish a functional, safe, and aesthetic hierarchy of roads and streets. |
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Has There Been Previous Council Decision on This: | |||||
On September 6, 2016 City Council approved a contract with Plateau Engineering, Inc. to proceed with the Design Concept Report for Landfill Road (Item 10.C). The Design Concept Report provided the structural evaluation(s), design considerations, and cost estimates. On November 17, 2020, City Council approved a contract with EnviroSystems Management, Inc. to provide professional consulting services to prepare the Forest Service environmental assessment. |
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Background and History: | |||||
The Landfill has been utilizing the Road since 1965 under a Special Use Permit issued by the Forest Service. Records indicate that an overlay was constructed in 1987. In 2016 staff contracted Plateau Engineering Inc. to prepare a Design Concept Report. The engineering team concluded that considerable warping existed throughout the road. In addition, the top coat has experienced irreparable damage and is leading to increased potholes. From a design perspective, the curve superelevations are excessive and need to be both decreased and realigned. The re-alignment and rebuild also warrants considering the installation of future utilities (three-phase electric and telecommunications). In 2017 the Landfill submitted the Design Concept Report to the Forest Service. This prompted the Forest Service to propose a Master Cost Recovery Agreement between the City and the Forest Service. The Master Cost Recovery Agreement was approved by City Council and the Forest Service in December 2019. Subsequently, Landfill staff was cleared to proceed with the EA. The EA, Notice of Decision, and FONSI were delivered in 2022. The Cinder Lake Landfill Road Improvement Project (to be constructed in summer 2023) involves the following improvements:
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Community Involvement: | |||||
The acquisition of private property within the project boundary will ensure that the Landfill can provide the safe and reliable access to the facility. Consequently, the citizens of Coconino County and the City of Flagstaff will be able to continue to expect safe and affordable options for solid waste disposal and recycling. | |||||
Expanded Options and Alternatives: | |||||
The EA evaluated 3 alternatives. Alternative 1 would consist of no action (not preferred). Alternative 2 (preferred) would include all design features, but stipulates below-ground utility lines within the zones with High Scenic Integrity Objectives. All other utility locations may be above-ground unless the Landfill choose to exercise Alternative 3, which would consider placing utilities underground throughout the entire corridor (typically at least two-times the cost of overhead). Public involvement about the need for private property acquisitions for the Road occurred through the Forest Service EA: A mailing list was compiled from the Forest Service database of federal, tribal, state, and local agencies, and augmented with individuals and organizations interested or determined to be potentially impacted by the proposed project. Scoping documents that included a discussion of the proposed project and a map showing the project location were sent on July 7 and July 28, 2021, to 54 individuals, organizations, agencies, and tribes on the mailing list. An announcement was also posted on the Forest Service Schedule of Proposed Actions (SOPA). A total of five (5) public scoping responses were received. Three (3) of the comments were from landowners with concerns that the Road widening would impact their private properties in Johnson Ranch. One comment was from the Arizona Department of Transportation (ADOT) saying that an encroachment permit is needed if any construction activities would occur within an ADOT managed right-of-way. Lastly, a letter from Coconino County expressed support for the project and highlighted the need for the proposed Road improvements. On March 27, 2022, the Forest Service published the Cinder Lake Landfill Road Improvements Preliminary Environmental Assessment and published a legal notice for a 30-day comment period. Letters and e-mails with a brief description of the project and link to the EA and the project webpage were sent to fifteen individuals and organizations via e-mail. The City of Flagstaff sent notification to all of the Johnson Ranch landowners via postal mail. This project was also listed on the Forest Schedule of Proposed Actions and a solicitation for public input was posted on Facebook and Twitter on the evening of March 28th through Coconino National Forest official social media accounts. The Forest Service received a total of 3 submissions as letters and emails as a result of the 30-day comment period. One comment letter identified the use of an informal parking area along the Landfill Road that was used for interpretive educational group hikes to a historic 15-acre Crater Field developed in 1967 for Apollo Astronaut training and equipment testing. In response to this letter, alternate parking will be available to ensure access along the Landfill Road is maintained during construction to continue to allow these ranger-led hikes. Another comment received was from a prospective home buyer (the current owner) for a property that would be affected by the proposed project. This comment identified concerns including safety, scenic impacts, and loss of land. These issues were primarily addressed through additional information included in the response to comments document. To address potential impacts from scenic resources from this comment, an additional alternative was added as Alternative 3, which would include the same proposed Road improvements as the proposed action but would include a fully underground powerline to avoid potential scenic impacts to private properties along the Road. Ultimately the Forest Service chose Alternative 2 based on the potential to result in “undue costs to the City”. On August 21, 2022, the Forest Service published a Final Environmental Assessment, Draft Decision Notice, and initiated a 45-day objection filing period via a legal notice in the Arizona Daily Sun. No objections were received during the objection filing period. The Decision Notice and FONSI were approved by the Forest Service on October 25, 2022. |
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Attachments: | Ord. 2023-07 | ||
Exhibit 1: Chart of Properties | |||
Exhibit 2: Map of Project | |||
Exhibit 3: Legal Descriptions | |||
Curve 1 and 3 Map | |||
Presentation |
12.D.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Consideration and Adoption of Ordinance No. 2023-08: An ordinance of the City Council of the City of Flagstaff authorizing the acquisition of real property interests for the Schultz Creek Stabilization Project and the Highway 180 Culvert Project; providing for delegation of authority, severability, repeal of conflicting ordinances, authority for clerical corrections, and establishing an effective date | |||||
STAFF RECOMMENDED ACTION: | |||||
At the April 4, 2023 Council Meeting:
1) Read Ordinance No. 2023-08 by title only for the first time 2) City Clerk reads Ordinance No. 2023-08 by title only (if approved above) At the April 18, 2023 Council Meeting: 3) Read Ordinance No. 2023-08 by title only for the final time 4) City Clerk reads Ordinance No. 2023-08 by title only (if approved above) 5) Adopt Ordinance No. 2023-08 |
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Executive Summary: | |||||
Expanding the Schultz Creek culvert at Highway 180 has been identified as an urgent flood mitigation project to deliver, in light of the 2022 Pipeline Fire and subsequent flooding. The project currently requires drainage easements from the Museum of Northern Arizona on the east side of Highway 180 and Mt. Calvary Lutheran Church on the West side of Highway 180. This ordinance authorizes all necessary private property acquisitions identified within the 30% design plan set required for the Highway 180 Culvert Project Additionally, through an emergency watershed protection grant, a channel stabilization project on Schultz Creek requires a temporary construction easement on the Museum of Northern Arizona parcel as well as other parcels owned by the museum. This ordinance authorizes all necessary private property acquisitions required to deliver the channel stabilization project. |
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Financial Impact: | |||||
The Highway 180 Culvert Project is an approved budget item in Fiscal Year (FY) 2023 through 2024. Acquisitions for the project will be charged to the General Fund, unless State Funding or Federal appropriations are identified. The General Fund was identified as a “backstop” for this urgent Capital project during the Stormwater rate adjustment discussions with Council in early spring 2023. | |||||
Policy Impact: | |||||
If the General Fund is the funding source there may be impacts to other City priorities that are based on General Funding. | |||||
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
Priority Based Budgeting Priorities
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Has There Been Previous Council Decision on This: | |||||
No previous decisions | |||||
Attachments: | Ord. 2023-08 | ||
Exhibit A: Chart of Affected Properties | |||
Exhibit B: Project Overview Map | |||
Exhibit 1: Chart of Properties | |||
Exhibit 2: Map of Project | |||
Exhibit 3: Legal Descriptions | |||
Presentation |
12.E.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Adoption of Ordinance No. 2023-09: An ordinance of the City Council of the City of Flagstaff dedicating a public access easement across city-owned property located at 3500 N. West St.; providing for delegation of authority, repeal of conflicting ordinances, severability, clerical corrections, and establishing an effective date | |||||
STAFF RECOMMENDED ACTION: | |||||
At the April 4, 2023 Council Meeting:
1) Read Ordinance No. 2023-09 by title only for the first time 2) City Clerk reads Ordinance No. 2023-09 by title only (if approved above) At the April 18, 2023 Council Meeting: 3) Read Ordinance No. 2023-09 by title only for the final time 4) City Clerk reads Ordinance No. 2023-09 by title only (if approved above) 5) Adopt Ordinance No. 2023-09 |
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Executive Summary: | |||||
Recent Spruce Wash flooding has created parking and access issues for residents on Grandview Drive. The City owns the 60,079 Square foot unimproved property at 3050 N West St., South of Grandview Drive (Assessor Parcel Number 109-02-001P). This ordinance dedicates a 1,988 square foot public access easement on the City-owned property which will provide alternative access to adjacent residences provided the adjacent owners build and maintain the improvements within the public access easement. This would be used as alternate access to the residential properties located at 1131 E Linda Vista Dr., 3513 N Grandview Dr., and 3509 N Grandview Dr. (APN 109-04-015, 014, and 013). Should the eventual development of the City parcel require modification of this easement, the City has retained the right to relocate the easement within the City parcel provided that access to the adjacent owners is maintained. |
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Financial Impact: | |||||
There is no cost to dedicate the public access easement on the City-owned property. | |||||
Policy Impact: | |||||
None. | |||||
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives
Safe & Healthy Community
CR-1 Ensure all mitigation actions improve Flagstaff’s ability to adapt to the future.
CR-2 Strengthen existing community systems to create resilience to both short-term shocks and long-term change. Regional Plan Goal E&C.3. Strengthen community and natural environment resiliency through climate adaptation efforts.
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Has There Been Previous Council Decision on This: | |||||
There have been several prior council discussions regarding the City-owned property: On July 7, 2017 the City Council approved the Housing Section's Request for Proposals for the development of this parcel for multi-family affordable housing. On September 12, 2017 the City Council provided direction to staff to pursue a Concept Zoning Map Amendment on this parcel for the purpose of developing multi-family affordable housing. On January 2, 2018 City Council approved both zoning map amendment requests with conditions. On March 14, 2018 the City entered into a Purchase Agreement to sell the parcel to Brinshore Development. The developer determined it could not meet the low income tax credit development timeline; the purchase agreement was never consummated and the City still retains ownership of the parcel. |
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Attachments: | Ord. 2023-09 | ||
Exhibit 1: Public Access Easement | |||
Presentation |
12.F.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Consideration and Adoption of Ordinance No. 2023-10: An ordinance of the Flagstaff City Council authorizing the acquisition of real property interests for the Milton Road and University Avenue right-of-way project; providing for delegation of authority, repeal of conflicting ordinances, severability, clerical corrections, and establishing an effective date | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Ordinance No. 2023-10 by title only for the first time
2) City Clerk reads Ordinance No. 2023-10 by title only (if approved above) 3) Read Ordinance No. 2023-10 by title only for the final time (requires unanimous vote) 4) City Clerk reads Ordinance No. 2023-10 by title only (if unanimously approved above) 5) Adopt Ordinance No. 2023-10 (requires unanimous vote) |
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Executive Summary: | |||||
On December 6th, 2022, City Council approved Ordinance No. 2022-24 which authorized property acquisitions required for the Milton Road and University Avenue right-of-way project. Further design efforts have identified modified property acquisitions not originally authorized by Ordinance No. 2022-24, resulting in ten modified legal descriptions capturing the following design changes:
Due to the construction timeline of the project and the urgent need for property rights, this ordinance is presented as a 1st and 2nd read at the same council meeting. |
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Financial Impact: | |||||
In May 2000, the Flagstaff voters approved Proposition 403 which provided funding for improvements to Traffic Flow and Safety. As part of this proposition, two of those projects apply to the Project. These two projects were the University Avenue Realignment and Beulah Boulevard Extension. City Staff completed a preliminary realignment plan and programmed $7.4 million in the FY2015 Capital Improvement Program Summary. In FY2023, an additional $9.2M was budgeted for the Project from the 419 Transportation Tax. These two allocations provided a combined total $16.6M for the Project. Vintage Partners, LLC, will also contribute $1.65M for the pedestrian underpass commitment. It should be noted that Vintage Partners is responsible for all costs associated with the pedestrian underpass and per Amendment One to the Development Agreement, those costs must be repaid to the City within five (5) years. As a result of changing the project design to reduce the scope of the taking, City staff anticipates that property acquisition costs will be reduced by more than $300,000. |
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Policy Impact: | |||||
None | |||||
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives Safe and Healthy Community -
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|||||
Has There Been Previous Council Decision on This: | |||||
City Council previously authorized real property acquisitions for the project on October 19, 2021 and again on December 6, 2022 as the project design changed. | |||||
Background and History: | |||||
On May 16, 2000, the voters of Flagstaff passed Proposition 403 which established a local transportation tax rate to provide funding for a variety of transportation system improvements including the arterial and collector street system, and multi-modal elements. The information pamphlet for this proposition specifically identified the Beulah Boulevard extension and the University Avenue realignment as “missing links” within the overall transportation network. The publicity pamphlet for Proposition 403 showed an alignment for these roadways like the current proposal. A total of $7.375 million has been collected and allocated for these transportation improvements. These funds became 100% available as of July 1, 2017; however, many years of work have been spent on moving this project forward. In 2005, the City of Flagstaff acquired APN 103-21-002, a 9.58-acre site known as the “Fresquez Parcel” for approximately $2.7 million. This purchase was the first step in moving this transportation project to fruition and provides the majority of right-of-way necessary to accomplish the Beulah Boulevard extension. In order to accomplish the University Avenue/Drive realignment, the ADOT District Offices and Regional Laboratory need to be relocated. Following the acquisition of the Fresquez parcel, the City and ADOT began to explore options for partnerships in order to relocate the ADOT facilities. In July 2009, the Arizona P3 (Public-Private-Partnership) Legislation was passed, allowing for partnerships between a public agency (in this case two public agencies) and a private-sector entity to allow greater participation in the delivery of a transportation project. Typically, the public agency assumes all the risks and responsibilities for a transportation project, but under the P3 the private partner takes on some of those risks and responsibilities. The Flagstaff P3 is the first time this initiative has been used to acquire new facilities for ADOT, which will free up land for roadway improvements and redevelopment. A Memorandum of Understanding was executed on March 28, 2012 and set out the parameters for how this P3 project would function. The City and ADOT would combine the remainders of their parcels after right-of-way dedication to be used for redevelopment. The redevelopment parcel would then be traded from ADOT to the developer for relocated ADOT facilities. ADOT issued a Request for Qualifications in March 2012 to solicit a private partner who could relocate the ADOT facilities allowing for the construction of the road improvement project. The selected private sector partner was Vintage Partners, who proposed to relocate the ADOT facilities to the former Harkins Theater on Woodlands Village Boulevard. The P3 project was formalized through a Pre-Development Agreement (PDA) between Vintage, the City, and ADOT in December 2014. The PDA provides an overview of the various transactions, authorizes Vintage Partners to prepare and submit required materials for a Site Plan and Rezoning application for ADOT and City property located between Milton Parkway and Beulah Avenue, provides an anticipated schedule, requires an implementation agreement between ADOT and Vintage Partners, provides the term of the agreement, provides remedies for disputes and includes miscellaneous provisions required for an ADOT P3 project. On August 21, 2017, the City Council approved the Reinstatement of, and First Amendment to the P3 Pre-Development Agreement extending the term to December 31, 2017; on December 19, 2017, a Second Amendment was approved that extended the term to March 31, 2018; on March 20, 2018, a Third Amendment was approved that extended the term to June 30, 2018. On April 17, 2018, City Council approved the Development Agreement (DA) between The City and Vintage Partners. The DA provides for the sequence of approvals to facilitate the conveyance of the City Property to ADOT, the relocation of ADOT to the former Harkins Site, and the recordation of the final plat. It acknowledges that other agreements, including an Inter-Governmental Agreement between the City and ADOT, and an Implementation Agreement between ADOT and Vintage, will also speak to the timing and conditions for the property transfers from the City to ADOT, and ADOT to Vintage. On August 18, 2018, City Council approved an IGA between the City and ADOT in order to facilitate the completion of the project. On December 3, 2019, City Council approved the Mill Town Final Plat. On September 21, 2021, City Council approved Ordinance No. 2021-18 authorizing property acquisitions for the project. On December 7th, 2022, City Council approved Ordinance No. 2022-24 authorizing property acquisitions based on final design. |
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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: | Ord. 2023-10 | ||
Exhibit 1: Chart of Properties | |||
Exhibit 2: Overview Map | |||
Exhibit 3: Legal Descriptions |
13.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE | |||||
Future Agenda Item Request (F.A.I.R.): A Citizens' Petition titled Declare Macy's Coffeehouse as a historic landmark | |||||
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 March 20, 2023, requesting that the City Council "locally recognize Macy's European Coffeehouse as a historic place and recommend further action to the Heritage Preservation Commission." Attached is the petition along with information provided by staff regarding the request. |
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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 #2023-01 | ||
Staff Memo |