CITY COUNCIL REGULAR MEETING AGENDA
A M E N D E D
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. | 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 may appoint a representative who may have no more than fifteen minutes to speak. |
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5. | PROCLAMATIONS AND RECOGNITIONS |
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A. | Proclamation: Arizona Water Professionals Appreciation | ||||||||
6. | COUNCIL LIAISON REPORTS | ||||||||
7. | APPOINTMENTS Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1). |
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A. | Consideration of Appointments: Heritage Preservation Commission. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
Make one AT-LARGE appointment to a term expiring December 2025.
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8. | LIQUOR LICENSE PUBLIC HEARINGS | ||||||||
A. | Consideration and Action on Liquor License Application: Andrea Dahlman Lewkowitz, "The Bluffs of Flagstaff," 3100 E. Butler Avenue, Series 12 (restaurant), New License. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
Hold the public hearing.
The City Council has the option to: (1) Forward the application to the State with a recommendation for approval; (2) Forward the application to the State with a recommendation for denial based on information from staff, the testimony received at the public hearing and/or other factors. |
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B. | Consideration and Action on Liquor License Application: Lauren Kay Merrett, "Fourth St Market & Liquor," 2901 N. Fourth Street, Series 09 (liquor store - all spirituous liquor), New Application. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
Hold the public hearing.
The City Council has the option to: (1) Forward the application to the State with a recommendation for approval; (2) Forward the application to the State with a recommendation for denial based on information from staff, the testimony received at the public hearing and/or other factors. |
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C. | Consideration and Action on Liquor License Application: Maria Danielle Burgess, "Circle K Store #5922," 5650 N. Hwy. 89, Series 09 (liquor store - all spirituous liquor), Location Transfer. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
Hold the public hearing.
The City Council has the option to: (1) Forward the application to the State with a recommendation for approval; (2) Forward the application to the State with a recommendation for denial based on information from staff, the testimony received at the public hearing and/or other factors. |
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D. | Consideration and Action on Liquor License Application: Chandi Michelle Russell, "Café Stella Modern Italian Cuisine and Bar," 7 E. Aspen Avenue, Series 12 (restaurant), New License. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
Hold the public hearing.
The City Council has the option to: (1) Forward the application to the State with a recommendation for approval; (2) Forward the application to the State with a recommendation for denial based on information from staff, the testimony received at the public hearing and/or other factors. |
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9. | 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 Final Plat PZ-15-00015-24 Sirius at Timber Sky - Block 4: Capstone Homes requests Final Plat approval for Sirius at Timber Sky - Block 4 located at 3191 McAllister Ranch Road, a 63 lot single-family subdivision on 21.82 acres in the Single-Family Residential (R1) Zone. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
Approve the Final Plat and authorize the Mayor to sign the Final Plat and City/Subdivider Agreement when notified by staff that all documents are ready for signature and recordation.
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B. | Consideration and Approval of Final Plat PZ-21-00236-07 Woodshire on Oak Condominiums: Woodshire on West Oak, LLC requests Final Plat approval for Woodshire on Oak Condominiums located at 302 W Oak Avenue, a condominium subdivision on 0.94 acres in the Medium Density Residential (MR) and High Density Residential (HR) Zones. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
Approve the Final Plat and authorize the Mayor to sign the Final Plat and City/Subdivider Agreement when notified by staff that all documents are ready for signature and recordation.
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10. | ROUTINE ITEMS | ||||||||
A. | 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: | |||||||||
1) Read Ordinance No. 2023-05 by title only for the final time
2) City Clerk reads Ordinance No. 2023-05 3) Adopt Ordinance No. 2023-05 |
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B. | Consideration and Approval of Contract: Approve a Cooperative Purchase Contract with General Acrylics, Inc., in the total amount of $920,642.42 to design and build eight pickleball courts and overlay existing tennis and basketball courts at Bushmaster Park. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
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11. | REGULAR AGENDA | ||||||||
A. | Consideration and Adoption of Resolution No. 2023-18: A resolution of the Flagstaff City Council approving an Intergovernmental Agreement between the Arizona Board of Regents for and on behalf of Northern Arizona University and the City of Flagstaff for Information Technology Network Services | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
1) Read Resolution No. 2023-18 by title only
2) City Clerk reads Resolution No. 2023-18 by title only (if approved above) 3) Adopt Resolution No. 2023-18 |
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B. | Consideration and Adoption of Resolution No. 2023-25: A resolution of the Flagstaff City Council providing for the Economic Incentive Programs, providing for delegation of authority, repeal of conflicting ordinances, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Resolution No. 2023-25 by title only
2) City Clerk reads Resolution No. 2023-25 by title only (if approved above) 3) Adopt Resolution No. 2023-25 |
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C. | Consideration and Adoption of Resolution No. 2023-23: A resolution of the Flagstaff City Council finding that taking of property interests is necessary for the Milton Road and University Avenue Right-of-Way Project, a public use, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Resolution No. 2023-23 by title only
2) City Clerk reads Resolution No. 2023-23 by title only (if approved above) 3) Adopt Resolution No. 2023-23 |
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D. | Consideration and Adoption of Resolution No. 2023-29: A resolution of the City Council of the City of Flagstaff, approving the First Amendment to an Intergovernmental Agreement with the Arizona Board of Regents related to Consolidation of University Campus and Road Projects. | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Resolution No. 2023-29 by title only
2) City Clerk reads Resolution No. 2023-29 by title only (if approved above) 3) Adopt Resolution No.2023-29. |
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E. |
Consideration and Adoption of Ordinance No. 2023-13: an ordinance of the City Council of the City of Flagstaff, authorizing the acquisition of additional real property interests for the Highway 180 Culvert Project; providing for delegation of authority, severability, repeal of conflicting ordinances, authority for clerical corrections, and establishing an effective date; and Consideration and Ratification of Irrevocable Right of Entry for purchase of real property required for the project. |
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STAFF RECOMMENDED ACTION: | ||||||
1) Read Ordinance No. 2023-13 by title only for the first time
2) City Clerk reads Ordinance No. 2023-13 by title only (if approved above) 3) Read Ordinance No. 2023-13 by title only for the final time (requires unanimous vote) 4) City Clerk reads Ordinance No. 2023-13 by title only (if unanimously approved above) 5) Adopt Ordinance No. 2023-13 (requires unanimous vote) 6) Motion to ratify Irrevocable Right of Entry contract for purchase of real property. |
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12. | PUBLIC HEARING ITEMS | |||||
A. | Northern Arizona Healthcare Public Hearing | |||||
i. | Consideration and Adoption of Resolution No. 2023-20 and Ordinance No. 2023-12: A Resolution of the City of Flagstaff, Coconino County, Arizona, declaring as a public record that certain document filed with the City Clerk entitled "NAH Health Village Phase 1 Specific Plan" and an Ordinance of the City Council of the City of Flagstaff, Coconino County adopting the NAH Health Village Phase 1 Specific Plan to guide the development of 172.62 acre of real property and to provided specific development requirements for 93.39 acres generally located at 1120 W Purple Sage Trail. | |||||
STAFF RECOMMENDED ACTION: | ||||||
At the May 16, 2023, Council Meeting:
1) Hold Public Hearing 2) Read Resolution No. 2023-20 by title only 3) City Clerk reads Resolution No. 2023-20 by title only (if approved above) 4) Read Ordinance No. 2023-12 by title only for the first time 5) City Clerk reads Ordinance No. 2023-12 by title only (if approved above) At the June 6, 2023, Council Meeting: 6) Adopt Resolution No. 2023-20 7) Read Ordinance No. 2023-12 by title only for the final time 8) City Clerk reads Ordinance No. 2023-12 by title only (if approved above) 9) Adopt Ordinance No. 2023-12 |
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ii. | Consideration and Adoption of Ordinance No. 2023-11: An Ordinance of the City Council of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 98.39 acres of real property from Rural Residential (40.47 acres) and Estate Residential (57.92 acres) to Highway Commercial (63.18 acres) and Public Facilities (35.21 acres) and adding the Resource Protection Overlay to APN 112-10-036, 112-10-037, and 112-05-125 generally located at 1120 W Purple Sage Trail. | |||||
STAFF RECOMMENDED ACTION: | ||||||
At the May 16, 2023, Council Meeting:
1) Hold Public Hearing 2) Read Ordinance No. 2023-11 by title only for the first time 3) City Clerk reads Ordinance No. 2023-11 by title only (if approved above) At the June 6, 2023, Council Meeting: 4) Read Ordinance No. 2023-11 for the final time 5) City Clerk reads Ordinance No. 2023-11 by title only (if approved above) 6) Adopt Ordinance No. 2023-11 |
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B. | Consideration and Possible Adoption of Resolution No. 2023-24: A resolution authorizing the execution of the Northern Arizona Healthcare (NAH) Health Village Development Agreement between NAH and the City of Flagstaff, related to the development of approximately 172.62 acres of real property generally located at 1120 W. Purple Sage Trail STAFF RECOMMENDED ACTION: Postpone to June 6, 2023 |
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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 Heavy Industrial Adjacent to Residential | |||||
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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7.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration of Appointments: Heritage Preservation Commission. | |||||
STAFF RECOMMENDED ACTION: | |||||
Make one AT-LARGE appointment to a term expiring December 2025.
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Executive Summary: | |||||
The Heritage Preservation Commission consists of seven citizens serving three-year terms. Two positions represent historic owners, two positions represent the professional industry, and three positions are at-large seats. The Heritage Preservation Commission locates sites of historic interest in the City, advises the City Council on all matters relating to historic preservation, and reviews development projects in the downtown design review district. There is one at-large seat available for appointment due to a resignation. It is important to fill vacancies on Boards and Commissions quickly so as to allow the Commission to continue meeting on a regular basis. Please note that professionals and historic property owners can be appointed to at-large seats. There are six applications on file for consideration by the Council, they are as follows:
In an effort to reduce exposure to personal information the applicant roster and applications will be submitted to the City Council separately.
COUNCIL APPOINTMENT ASSIGNMENT: Councilmember McCarthy
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Financial Impact: | |||||
These are voluntary positions and there is no budgetary impact to the City of Flagstaff. | |||||
Policy Impact: | |||||
None | |||||
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
Inclusive and Engaged Community - Foster community pride and civic engagement; advance social equity and social justice in Flagstaff; facilitate and foster diversity and inclusivity; and enhance community outreach and engagement opportunities. | |||||
Has There Been Previous Council Decision on This: | |||||
None | |||||
Options and Alternatives: | |||||
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Background and History: | |||||
The City's boards, commissions, and committees were created to foster public participation and input and to encourage Flagstaff citizens to take an active role in city government. The Heritage Preservation Commission consists of two historic property owners, two industry professionals, and three at-large members. It will be up to the Council to make the determination of whether an applicant is qualified for a particular seat. |
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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. | |||||
Attachments: | HPC Authority |
8.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Action on Liquor License Application: Andrea Dahlman Lewkowitz, "The Bluffs of Flagstaff," 3100 E. Butler Avenue, Series 12 (restaurant), New License. | |||||
STAFF RECOMMENDED ACTION: | |||||
Hold the public hearing.
The City Council has the option to: (1) Forward the application to the State with a recommendation for approval; (2) Forward the application to the State with a recommendation for denial based on information from staff, the testimony received at the public hearing and/or other factors. |
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Executive Summary: | |||||
The liquor license process begins at the State level and applications are then forwarded to the respective municipality for posting 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. The Bluffs of Flagstaff is an existing business in Flagstaff and this will be the second restaurant license at the location since there are two separate restaurants; one for assisted living and one for independent living. If approved, it will be the 93rd 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 May 19, 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 April 25, 2023. No written protests have been received to date. | |||||
Attachments: | Letter to Applicant | ||
Hearing Procedures | |||
Series 12 Description | |||
PD Memo | |||
Zoning Memo | |||
Map |
8.B.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Action on Liquor License Application: Lauren Kay Merrett, "Fourth St Market & Liquor," 2901 N. Fourth Street, Series 09 (liquor store - all spirituous liquor), New Application. | |||||
STAFF RECOMMENDED ACTION: | |||||
Hold the public hearing.
The City Council has the option to: (1) Forward the application to the State with a recommendation for approval; (2) Forward the application to the State with a recommendation for denial based on information from staff, the testimony received at the public hearing and/or other factors. |
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Executive Summary: | |||||
The liquor license process begins at the State level and applications are then forwarded to the respective municipality for posting of the property and holding a public hearing, after which the Council recommendation is forwarded back to the State. Series 09 licenses are a quota licenses and must be obtained through the person/location transfer of an existing license from another business or through the Arizona Liquor License Lottery. Fourth St Market & Liquor is an existing business in Flagstaff and is operating under an interim license. If approved, it will be the 37th active series 09 liquor license in Flagstaff and will be able to sell all spirituous liquor. 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 Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
Liquor licenses are a regulatory action and there are no Community Priorities that directly apply. | |||||
Has There Been Previous Council Decision on This: | |||||
Not applicable. | |||||
Key Considerations: | |||||
Because the application is for a new application, consideration may be given to the location and personal qualifications of the applicant. The deadline for issuing a recommendation on this application is May 19, 2023. |
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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 April 25, 2023. No written protests have been received to date. | |||||
Attachments: | Letter to Applicant | ||
Hearing Procedures | |||
Series 09 Description | |||
PD Memo | |||
Zoning Memo | |||
Map |
8.C.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Action on Liquor License Application: Maria Danielle Burgess, "Circle K Store #5922," 5650 N. Hwy. 89, Series 09 (liquor store - all spirituous liquor), Location Transfer. | |||||
STAFF RECOMMENDED ACTION: | |||||
Hold the public hearing.
The City Council has the option to: (1) Forward the application to the State with a recommendation for approval; (2) Forward the application to the State with a recommendation for denial based on information from staff, the testimony received at the public hearing and/or other factors. |
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Executive Summary: | |||||
The liquor license process begins at the State level and applications are then forwarded to the respective municipality for posting of the property and holding a public hearing, after which the Council recommendation is forwarded back to the State. Series 09 licenses are a quota licenses and must be obtained through the person/location transfer of an existing license from another business or through the Arizona Liquor License Lottery. Circle K #5922 is an active business in Flagstaff operating under an interim license. If approved, it will be one of the 37 active series 09 liquor license in Flagstaff and will be able to sell all spirituous liquor. 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 Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
Liquor licenses are a regulatory action and there are no Community Priorities that directly apply. | |||||
Has There Been Previous Council Decision on This: | |||||
Not applicable. | |||||
Key Considerations: | |||||
Because the application is for a location transfer, consideration may be given to the location of the applicant. The deadline for issuing a recommendation on this application is May 19, 2023. |
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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 April 25, 2023. No written protests have been received to date. | |||||
Attachments: | Letter to Applicant | ||
Hearing Procedures | |||
Series 09 Description | |||
PD Memo | |||
Zoning Memo | |||
Map |
8.D.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Action on Liquor License Application: Chandi Michelle Russell, "Café Stella Modern Italian Cuisine and Bar," 7 E. Aspen Avenue, Series 12 (restaurant), New License. | |||||
STAFF RECOMMENDED ACTION: | |||||
Hold the public hearing.
The City Council has the option to: (1) Forward the application to the State with a recommendation for approval; (2) Forward the application to the State with a recommendation for denial based on information from staff, the testimony received at the public hearing and/or other factors. |
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Executive Summary: | |||||
The liquor license process begins at the State level and applications are then forwarded to the respective municipality for posting 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. Café Stella Modern Italian Cuisine and Bar is a new 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 May 19, 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 April 25, 2023. No written protests have been received to date. | |||||
Attachments: | Letter to Applicant | ||
Hearing Procedures | |||
Series 12 Description | |||
PD Memo | |||
Zoning Memo | |||
Map |
9.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Approval of Final Plat PZ-15-00015-24 Sirius at Timber Sky - Block 4: Capstone Homes requests Final Plat approval for Sirius at Timber Sky - Block 4 located at 3191 McAllister Ranch Road, a 63 lot single-family subdivision on 21.82 acres in the Single-Family Residential (R1) Zone. | |||||
STAFF RECOMMENDED ACTION: | |||||
Approve the Final Plat and authorize the Mayor to sign the Final Plat and City/Subdivider Agreement when notified by staff that all documents are ready for signature and recordation.
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Executive Summary: | |||||
The Sirius at Timber Sky - Block 4 subdivision, consisting of 63 single-family lots located on 21.82 acres in the Single-Family Residential (R1) Zone. | |||||
Financial Impact: | |||||
No financial impacts are anticipated with the Final Plat. | |||||
Policy Impact: | |||||
There are no policy impacts anticipated with the Final Plat. | |||||
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives
Robust Resilient Economy - Grow and strengthen a more equitable and resilient economy.
Carbon Neutrality Plan DD-1: Encourage vibrancy, appropriate density, and attainability in existing neighborhoods, so that more residents live within walking distance of their daily needs.
Regional Plan Policy LU.5.1. Encourage development patterns within the designated growth boundaries to sustain efficient infrastructure projects and maintenance.
Goal NH.1. Foster and maintain healthy and diverse urban, suburban, and rural neighborhoods in the Flagstaff region. Policy WR.4.3. Development requiring public utility services will be located within the Urban Growth Boundary. |
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Has There Been Previous Council Decision on This: | |||||
City Council approved the Preliminary Plat of the proposed subdivision on August 23, 2022. | |||||
Options and Alternatives: | |||||
1. Approve the Final Plat with no conditions, as recommended by City staff. 2. Approve the Final Plat with conditions. 3. Deny the Final Plat based on non-compliance with the Zoning Code, the Subdivision Code, and/or the Engineering Design Standards and Specifications for New Infrastructure. |
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Background and History: | |||||
Timber Sky is a proposed 1,300 (maximum density) residential dwelling unit development. The development proposes a mixture of high, medium, and single-family residential units combined with commercial service and open space on 197.58 acres. The site is situated north and south between West Route 66 (“Route 66”) and Interstate-40 and east and west between Woody Mountain Road and Flagstaff Ranch Road. The site slopes gently from south to north with most of the onsite drainage flowing toward an existing culvert under Route 66, which eventually discharges into the Clay Avenue Wash Detention Basin located north of Route 66. There are no designated floodplains on the site. In 2006, the property partially burned in a fire leaving a 700-foot-wide corridor of deforested land through the middle of the site. The remainder of the site is forested with Ponderosa Pine. The site has two pockets of slopes greater than 17% with other basalt rock outcrop features throughout the property. A large amount of fill placed on site, which has the appearance of a steep slope, will not be protected. An existing aboveground 69 kV transmission line crosses the site in an east-west direction connecting to an existing APS substation at the southwestern corner of the property. The line is required to be under grounded with the development of the second phase of Timber Sky. The applicant, Capstone Homes, is seeking Final Plat approval for Sirius at Timber Sky (Block 4) within the second phase of Timber Sky consisting of 63 single-family residential lots utilizing conventional zoning standards. |
|||||
Key Considerations: | |||||
The property is zoned Single-Family Residential (R1) Zone, which has a minimum density requirement of 2 units per acre and a maximum of 5 units per acre in the Resource Protection Overlay. The proposed 63 lots on 21.82 acres have a gross density of 2.89 units per acre and a net density of 3.56 units per acre. The application conforms with all the requirements of the R1 Zone. | |||||
Community Involvement: | |||||
The community benefits of this project are encapsulated in the PBB Key Community Priorities/Objectives and the Regional Plan Goals and Policies review process. | |||||
Expanded Options and Alternatives: | |||||
Inform. The existing zoning of the subject property allows for the proposed subdivision. No public hearings or public outreach are required by either the Zoning Code or the Subdivision Code as part of the Final Subdivision Plat review process. | |||||
Attachments: | Application | ||
Final Plat |
9.B.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Consideration and Approval of Final Plat PZ-21-00236-07 Woodshire on Oak Condominiums: Woodshire on West Oak, LLC requests Final Plat approval for Woodshire on Oak Condominiums located at 302 W Oak Avenue, a condominium subdivision on 0.94 acres in the Medium Density Residential (MR) and High Density Residential (HR) Zones. | |||||
STAFF RECOMMENDED ACTION: | |||||
Approve the Final Plat and authorize the Mayor to sign the Final Plat and City/Subdivider Agreement when notified by staff that all documents are ready for signature and recordation.
|
|||||
Executive Summary: | |||||
This request is for final plat approval for a 13-unit condominium subdivision on 0.94 acres located at 302 W Oak Avenue. | |||||
Financial Impact: | |||||
No financial impacts are anticipated with this Final Plat. | |||||
Policy Impact: | |||||
There are no policy impacts anticipated with this Final Plat. | |||||
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives
Robust Resilient Economy - Grow and strengthen a more equitable and resilient economy.
Carbon Neutrality Plan DD-1: Encourage vibrancy, appropriate density, and attainability in existing neighborhoods, so that more residents live within walking distance of their daily needs.
Regional Plan
|
|||||
Has There Been Previous Council Decision on This: | |||||
The Preliminary Plat was approved by the City Council on May 17, 2022. | |||||
Options and Alternatives: | |||||
|
|||||
Background and History: | |||||
The project consists of 13 two-story detached units in both the Medium Density Residential (MR) and High Density Residential (HR) Zones. City Staff approved the Site Plan for the development (PZ-21-00236-02) on February 11, 2022. City approvals were based on conformance with all relevant City Development Standards. The project is being developed according to the standards for the Medium Density Residential (MR) and High Density Residential (HR) Zones. |
|||||
Key Considerations: | |||||
This application is for a condominium plat, which takes a multi-unit complex, such as the subject property, and creates the potential for individually owned units. The Final Plat delineates all the elements affiliated with the individual units. In this case, the units are defined as the airspace around each unit. The vertical boundaries start at the finish floor elevation (FFE) of each unit and extend to the top of the roof of that unit. The horizontal boundaries start outside the walls of each unit. The remainder of the site outside the units is being platted as common area and open space. Parking spaces will be assigned to each unit through the CC&Rs. |
|||||
Community Involvement: | |||||
The community benefits of this project are encapsulated in the PBB Key Community Priorities/Objectives and the Regional Plan Goals and Policies review. | |||||
Expanded Options and Alternatives: | |||||
Inform. The existing zoning of the subject property allows for the proposed subdivision. No public hearings or public outreach are required by either the Zoning Code or the Subdivision Code as part of the Final Plat review process. | |||||
Attachments: | Application | ||
Final Plat | |||
Subdivider Agreement |
10.A.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
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: | |||||
1) Read Ordinance No. 2023-05 by title only for the final time
2) City Clerk reads Ordinance No. 2023-05 3) Adopt Ordinance No. 2023-05 |
|||||
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
|
|||||
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 |
10.B.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Consideration and Approval of Contract: Approve a Cooperative Purchase Contract with General Acrylics, Inc., in the total amount of $920,642.42 to design and build eight pickleball courts and overlay existing tennis and basketball courts at Bushmaster Park. | |||||
STAFF RECOMMENDED ACTION: | |||||
|
|||||
Executive Summary: | |||||
The PROSE Division was funded via the BBB-Recreation Fund in fiscal year 2022-2023 for sport courts beginning the journey to develop eight new pickleball courts to Bushmaster Park. The community park is the ideal location as the park has undeveloped acreage, two parking lots, two permanent restrooms, existing dual-striped pickleball courts and sport court lighting. The sport court expert, General Acrylics, Inc., who is an approved Mohave Cooperative vendor for both design and build (construction) of sport courts, and the Flagstaff Pickleball Association were immediately gathered to work with staff on the layout and specifics of the future courts. The design and build of this project includes eight pickleball courts at Bushmaster Park in the amount of ($499,941.51), with additional overlay on the two tennis ($202,207.58) and two basketball courts ($218,493.33) for an overall contract total of $920,642.42. | |||||
Financial Impact: | |||||
The funding for the pickleball courts and overlay/resurfacing is budgeted in FY2023 the BBB-Recreation Fund in account 055-11-158-3312-5-4433 with this design build Cooperative Purchase Contract. | |||||
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: Promote physical health through providing recreation opportunities, parks, open space and multiple transportation options
Carbon Neutrality Plan
Livable Community: Provide amenities and activities that support a healthy lifestyle IR-2: Ensure equity, accessibility, and inclusion across all City of Flagstaff Parks and Recreation facilities, helping all members of the Flagstaff community to meet their health and wellness needs
Regional Plan
REC-1.4 Design new or updated public facilities to include parks, open space and/or recreational opportunities where feasible
|
|||||
Has There Been Previous Council Decision on This: | |||||
No. | |||||
Options and Alternatives: | |||||
|
|||||
Background and History: | |||||
Over the past few years, PROSE has brought to the community permanent and multi-purposed (dual-striped) pickleball courts including at Bushmaster Park. The development of a funding source for additional permanent pickleball courts was approved in the budget process twelve months ago for the Division. Through BBB-Recreation funds for fiscal year 2022-2023, City staff and the Flagstaff Pickleball Association began the exploratory process for both location and feasibility given other amenities needed when developing sport courts (e.g., parking, access, lighting, restrooms). A portion of the park identity is inclusive of the results from the public engagement on Thorpe Park Annex, bringing to the forefront Bushmaster Park as the ideal location. The proposed additional eight courts would bring the total number of playable courts to sixteen at Bushmaster Park which can accommodate a greater number of players with existing parking lots and restrooms plus existing lighting. The proposed design and estimate includes best practices for new pickleball courts, including an accessible and open layout with minimal fencing to create an inviting space as well as LED lighting that meets dark skies compliance. In addition to the new eight-court construction is an overlay (six-inch post-tensioned concrete) on top of the existing dual-striped sport courts plus new coatings and striping delivering a much needed improvement and positive impact for the tennis and basketball community at Bushmaster Park. An alternate proposal in the amount of $147,790.66 has been provided for noise abatement of the new eight courts; however, the alternate design changes the layout of the courts to include higher fences which are less inviting and accessible, and is not within budget. Based on existing play onsite, staff does not recommend noise abatement walls to be fiscally responsible when coupled with a lack of complaints received regarding pickleball noise. Staff have received one complaint from someone wanting to play tennis and felt that they could not due to the pickleball play on the dual-striped courts; this was not a noise complaint. This project will alleviate the tension between the different sports by adding dedicated pickleball courts to the park where most pickleball play currently exists. General Acrylics, Inc. was identified as an expert pickleball court design and build contractor. Purchasing staff researched and found that General Acrylics, Inc. held a cooperative purchase contract through the Mohave Cooperative. Purchasing staff deemed that Mohave Cooperative was current and appropriate for the procurement and also reviewed and approved the Mohave Cooperative's procurement process. General Acrylics, Inc. was brought into the process early with both City staff and the Flagstaff Pickleball Association so that initial scoping of the project could commence. |
|||||
Key Considerations: | |||||
The outcome for the community is larger than known with delivering pickleball courts and resurfacing aged assets. This project will not only provide a much needed new amenity, but will repair and update the dilapidated tennis and basketball courts. The location also takes into consideration existing amenities of parking supply and permanent restrooms, making it ideal for new courts. | |||||
Community Involvement: | |||||
The health and wellness benefits to an active sport that is inclusive and accessible meet the vision and mission of the PROSE Division and is a key community priority for the City holistically. | |||||
Expanded Options and Alternatives: | |||||
A postcard mailer with QR code regarding the upcoming pickleball courts was sent to approximately 80-nearby residences to be informative regarding the future courts. Information can be found at Pickleball at Bushmaster Park | City of Flagstaff Official Website (az.gov). | |||||
Attachments: | Presentation | ||
CO-2023-123 General Acrylics Contract | |||
Exhibit A.1 | |||
Exhibit A.2 | |||
Exhibit A.3 | |||
Exhibit B.1 | |||
Exhibit B.2 | |||
Exhibit B.3 |
11.A.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Consideration and Adoption of Resolution No. 2023-18: A resolution of the Flagstaff City Council approving an Intergovernmental Agreement between the Arizona Board of Regents for and on behalf of Northern Arizona University and the City of Flagstaff for Information Technology Network Services | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Resolution No. 2023-18 by title only
2) City Clerk reads Resolution No. 2023-18 by title only (if approved above) 3) Adopt Resolution No. 2023-18 |
|||||
Executive Summary: | |||||
In anticipation of our upcoming construction of fiber from City Hall to Butler and connecting into Northern Arizona University (NAU), this Intergovernmental Agreement (IGA) is designed to set a framework for collaboration of network services. This agreement will allow the City of Flagstaff and NAU to enter agreements that would share network resources such as fiber, wireless or other potential network technologies to better serve the missions of each organization. This agreement governs the way in which each agency will maintain and document their portions of the network for any future collaboration or agreements. | |||||
Financial Impact: | |||||
This IGA does not have any immediate financial impacts. It has provisions to allow each agency to rent infrastructure from each other which may have future financial impacts. Each agreement to rent infrastructure will be reviewed separately based on its own merits. | |||||
Policy Impact: | |||||
None | |||||
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives
High Performing Governance
Sustainable, Innovative Infrastructure Carbon Neutrality Plan Community Resilience
Health and Safety Economic Prosperity |
|||||
Has There Been Previous Council Decision on This: | |||||
None | |||||
Options and Alternatives: | |||||
1. City Council may choose to not approve the IGA. 2. Instead, we could collaborate on a more individual and ad hoc basis. The only downside is a lack of overarching governance of network infrastructure projects and collaboration. Any such governance would need to be stated explicitly in each agreement. |
|||||
Background and History: | |||||
The City of Flagstaff has a history of collaborating with NAU on multiple projects, initiatives and community efforts. Specific to network infrastructure, NAU is currently our primary Internet Service Provider. This agreement would only strengthen and enhance that collaboration to allow for research projects, smart city initiatives and more. City staff have participated in the smart campus strategic planning efforts for NAU, so there is already significant synergy between agencies in regard to technology collaboration. | |||||
Key Considerations: | |||||
N/A | |||||
Community Benefits and Considerations: | |||||
None | |||||
Community Involvement: | |||||
Collaboration on network infrastructure may allow for future projects around broadband expansion or public WiFi. While this IGA doesn't explicitly call out those projects, it provides the governance framework that could align with our Broadband Master Plan and NAU's strategic initiatives. | |||||
Expanded Options and Alternatives: | |||||
None | |||||
Attachments: | Res. 2023-18 | ||
Network IGA |
11.B.
| |||||||||||||||
CITY OF FLAGSTAFF | |||||||||||||||
STAFF SUMMARY REPORT | |||||||||||||||
|
TITLE: | |||||
Consideration and Adoption of Resolution No. 2023-25: A resolution of the Flagstaff City Council providing for the Economic Incentive Programs, providing for delegation of authority, repeal of conflicting ordinances, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Resolution No. 2023-25 by title only
2) City Clerk reads Resolution No. 2023-25 by title only (if approved above) 3) Adopt Resolution No. 2023-25 |
|||||
Executive Summary: | |||||
This resolution provides administrative authority to staff to make minor changes to existing economic development incentive programs. Some proposed changes include provisions that the funding to be used within twelve months of award. Other proposed changes allow a dealership to provide a rebate directly to the consumer, then the dealer would submit the rebate reimbursement to the City of Flagstaff. | |||||
Financial Impact: | |||||
Delegating authority will allow staff to better manage and deploy the funding. | |||||
Policy Impact: | |||||
Economic development incentives are designed to attract to, retain, and expand industry in Flagstaff. The delegation of administrative authority allows staff to make necessary adaptations to the programs without the requirement and related time and effort to bring each adaptation to Council. The delegation of administrative authority facilitates good governance as staff achieves the overall mission of the programs in a manner consistent with the execution of their broad range of activities and duties. | |||||
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives High Performing Governance:
CR-2: Strengthen existing community systems to create resilience to both short-term shocks and long-term change. EM-3: Support residents, businesses, and institutions in the transition to electric vehicles. SC-2: Encourage sustainable consumption. EP-1: Accelerate the transformation to a low-carbon economy that minimizes emissions and spurs innovation. EP-2: Support the adaptation efforts of local businesses as the climate changes and the economic landscape shifts. Regional Plan Policy CC.2.9. Strengthen the City’s historic preservation and adaptive reuse programs by increasing funding for further inventories, grants to property owners, and education campaigns, especially, where the underlying Zoning for the historic resource put it at risk. Policy CC.2.10. Educate the community and developers on the benefits of adaptive reuse and create policies to incentivize the reuse of historic buildings to maintain their integrity Policy CC.2.11. Assist businesses and residents, who are caretakers of historic resources, maximize the economic value of their property without damaging the integrity of the historic resource. Support Small Businesses Growth Goal ED.3. Regional economic development partners support the start-up, retention, and expansion of existing business enterprises. Policy ED.3.1. Encourage regional economic development partners to continue proactive programs to foster the retention and expansion of existing enterprises and home-based businesses in the community. Policy ED.3.3. Support plans, programs, and capital expenditures to stimulate the investment of private capital in existing commercial areas for all industry sectors. Policy ED.3.5. Advocate the economic sustainability and growth of businesses with opportunities for transitional commercial space, leased space, and property ownership. Policy ED.3.6. Foster entrepreneurialism and start-up businesses with incubator and accelerator programs in sectors that demonstrate considerable growth potential. Policy ED.4.4. Identify and support community resources that assist new businesses, such as workforce development, marketing, building processes, venture capital, financing, and management. Promote Infill Goal LU.1. Invest in existing neighborhoods and activity centers for the purpose of developing complete, and connected places. Policy LU.1.1. Plan for and support reinvestment within the existing city centers and neighborhoods for increased employment and quality of life. Policy LU.1.6. Establish greater flexibility in development standards and processes to assist developers in overcoming challenges posed by redevelopment and infill sites. Policy LU.1.7. Consider creative policy and planning tools (such as transfer of develop rights or transfer of development obligations) to incentivize redevelopment and infill. Policy LU.5.2. Promote infill development over peripheral expansion to conserve environmental resources, spur economic investments, and reduce the cost of providing infrastructure and services. Goal ED.9. Promote redevelopment and infill as a well-established means to accomplish a variety of community economic, planning, and environmental goals. Goal LU.13. Increase the variety of housing options and expand opportunities for employment and neighborhood shopping within all suburban neighborhoods. Policy ED.1.7. Establish policy and tools to consider the impacts of redevelopment on local residents. Vacant commercial and office spaces Policy LU.1.3. Promote reinvestment at the neighborhood scale to include infill of vacant parcels, redevelopment of underutilized properties, aesthetic improvements to public spaces, remodeling of existing buildings and streetscapes, maintaining selected appropriate open space, and programs for the benefit and improvement of the residents. Policy LU.10.5. Consider vacant and underutilized parcels within the City’s existing urban neighborhoods as excellent locations for contextual redevelopment that adds housing, shopping, employment, entertainment, and recreational options for nearby residents and transit patrons. Connect Business Owners with Design Professionals Goal ED.1. Create a healthy environment for business by ensuring transparent, expeditious, and predictable government processes. |
|||||
Has There Been Previous Council Decision on This: | |||||
Each incentive identified has been in front of and approved by Flagstaff City Council. This resolution delegates the administrative authority necessary to adapt to changes in conditions and to trends over time. Resolutions and the programs are the following: Res. 2020-07 Adaptive Reuse Res. 2020-28 Business Retention and Expansion Incentive Res. 2020-43 Sustainable Automotive Sales Tax Rebate Res. 2021-19 Job Creation Incentive Res. 2021-20 Development Reinvestment Incentive |
|||||
Options and Alternatives: | |||||
Council may approve the proposed resolution to delegate authority to modify Economic Development incentives to support high-performing governance, and to receive annual updates on the incentives. Council may reject the proposed resolution requesting that staff bring each modification to the Economic Development incentives to Council for consideration. Staff still recommends approving the currently proposed changes to the associated incentives. |
|||||
Background and History: | |||||
Flagstaff City Council has discussed, supported, and unanimously approved Economic Development Incentives to enhance the local economy. Approved resolutions and programs are as follows: Res. 2020-07 Adaptive Reuse Res. 2020-28 Business Retention and Expansion Incentive Res. 2020-43 Sustainable Automotive Sales Tax Rebate Program Res. 2021-19 Job Creation Incentive Res. 2021-20 Development Reinvestment Incentive |
|||||
Key Considerations: | |||||
Each incentive was created to support various elements of the economy. Conditions certainly change. In order to best serve the community, minor edits must be made to adapt to changes in the local economy. Staff seeks to be effective and timely in serving the community. The delegation of authority does allow staff to respond to changing conditions and to have any proposed changes addressed by the City of Flagstaff Economic Vitality and the Attorney Offices. | |||||
Community Benefits and Considerations: | |||||
Delegation of authority to staff to make minor changes to existing economic development incentive programs streamlines processes and facilitates high-performing governance. | |||||
Community Involvement: | |||||
The community benefits by having staff available to make modifications as necessary without the expense of time to bring minor edits to Council. | |||||
Expanded Options and Alternatives: | |||||
This administrative effort has been initiated by staff in order to better serve the community. Proposed language changes have been articulated to staff through various users and businesses that benefit from this incentive. Ex) Dealerships and purchasers have made several comments to City staff to allow the rebate incentive to be supplied directly from the dealership to increase efficiency. |
|||||
Attachments: | Incentive Update Presentation | ||
Res. 2023-25 | |||
R2020-07 | |||
R2020-28 | |||
R2020-43 | |||
R2021-19 | |||
R2021-20 |
11.C.
| |||||||||||||||
CITY OF FLAGSTAFF | |||||||||||||||
STAFF SUMMARY REPORT | |||||||||||||||
|
TITLE: | |||||
Consideration and Adoption of Resolution No. 2023-23: A resolution of the Flagstaff City Council finding that taking of property interests is necessary for the Milton Road and University Avenue Right-of-Way Project, a public use, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Resolution No. 2023-23 by title only
2) City Clerk reads Resolution No. 2023-23 by title only (if approved above) 3) Adopt Resolution No. 2023-23 |
|||||
Executive Summary: | |||||
The City Council has already approved Ordinance No. 2022-24 and 2023-10 authorizing acquisition of property interests for the Milton Road and University Avenue Right-of-Way Project. However, per advice of outside legal counsel for condemnations, the City Council should make a finding that taking is necessary for a public use. This resolution will accomplish this. The City has already offered to pay just compensation for necessary property interests based on appraised value. However, the City was not able to timely reach agreements with all property owners for purchase. Project construction started in May 2023. Absent 11th hour agreement(s) for purchase, the City will be filing a condemnation proceedings in order to obtain immediate possession of property interests listed in the resolution so that construction may proceed. If no agreements are reached after filing, the court will determine the just compensation to be paid. |
|||||
Financial Impact: | |||||
Staff has provided information at the December 6, 2022 and April 4, 2023 City Council Meetings related to the property acquisitions for this Project and the financial impact. | |||||
Policy Impact: | |||||
None | |||||
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
Safe and Healthy Community -
|
|||||
Has There Been Previous Council Decision on This: | |||||
Staff has provided information at the December 6, 2022 and April 4, 2023 City Council Meetings related to the property acquisitions for this Project. | |||||
Attachments: | Res. 2023-23 | ||
Exhibit 1: Chart of Properties | |||
Exhibit 1: Legal Descriptions | |||
Exhibit 2: Project Overview |
11.D.
| |||||||||||||||
CITY OF FLAGSTAFF | |||||||||||||||
STAFF SUMMARY REPORT | |||||||||||||||
|
TITLE: | |||||
Consideration and Adoption of Resolution No. 2023-29: A resolution of the City Council of the City of Flagstaff, approving the First Amendment to an Intergovernmental Agreement with the Arizona Board of Regents related to Consolidation of University Campus and Road Projects. | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Resolution No. 2023-29 by title only
2) City Clerk reads Resolution No. 2023-29 by title only (if approved above) 3) Adopt Resolution No.2023-29. |
|||||
Executive Summary: | |||||
The proposed Resolution No. 2023-29 will readopt the First Amendment to an Intergovernmental Agreement with the Arizona Board of Regents related to Consolidation of University Campus and Road Projects. The First Amendment is identical to what City Council adopted on March 7, 2023, except that it now: 1. Includes new forms of drainage easements (adds insurance and indemnification requirements among other things requested by NAU); and
2. Delegates authority to the City Attorney and the NAU legal counsel to approve final real estate document forms and to approve minor modifications.
On March 7, 2023 the City Council approved Resolution No. 2023-05 approving the First Amendment to an Intergovernmental Agreement with the Arizona Board of Regents related to Consolidation of University Campus and Road Projects. Then NAU requested additional conditions be included in the forms of drainage easements that the City will be acquiring from NAU as part of a property exchange. The forms are materially different than what had been already approved. The First Amendment has never been fully executed. A recap of the First Amendment follows: If approved, City will receive the following property interests from NAU: 1. Fee simple title to University Drive east of Milton Road (86,068 square feet); and 2. Drainage easement (1,173 square feet); and 3. Drainage easement (882 square feet). If approved, NAU will receive the following property interests from City: 1. Fee simple title to land adjacent to NAU Campus (abandoned public right-of-way along Hoskins Avenue)(5,237 square feet). As part of the overall agreement with NAU, the following are additional key terms found in the First Amendment:
|
|||||
Financial Impact: | |||||
If approved, City and NAU will exchange properties of substantially equal value. On March 7, 2023 the City Council adopted Ordinance No. 2023-04 authorizing the exchange of properties of substantially equal value, as required by A.R.S. Section 9-407 (this ordinance does not need to be modified). City Public Works Department will be assuming additional costs related to ongoing maintenance of University Drive east of Milton Road, except for snowplowing. University Drive is owned by NAU, but is used as public right-of-way. |
|||||
Policy Impact: | |||||
None. | |||||
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: | |||||
Priority Based Budget Key Community Priorities and Objectives Sustainable, Innovative Infrastructure
DD-2: Create inclusive networks for walking and biking that are continuous, attractive, safet, comprehensive, and convenient for people of all ages DD-5: Invest in comprehensive and equitable transit Regional Plan Policy CC.5.4. Complete sidewalks and Flagstaff Urban Trail System connections for all schools, community colleges, and university campuses. |
|||||
Has There Been Previous Council Decision on This: | |||||
Yes.
|
|||||
Options and Alternatives: | |||||
1. Approve Resolution No. 2023-29 approving First Amendment to IGA with NAU. 2. Do not approve. 3. Suggest modifications to documents. |
|||||
Key Considerations: | |||||
The property exchange will enable the City to obtain property rights so that it can proceed with improvements to University Drive east of Milton Road as part of the Beulah/University Realignment Project. Construction on this project started in May 2023. University Drive is used as public right-of-way for access not only to the NAU Campus, but also to a cemetery, the Greentree shopping center, and the Target shopping center. | |||||
Attachments: | Res. 2023-29 | ||
First Amendment to IGA | |||
Exhibit 1: Lone Tree Road Map | |||
Exhibit 2: Special Warranty Deed (Hoskins Ave) | |||
Exhibit 3: Special Warranty Deed (University Drive) | |||
Exhibit 4: Drainage Easement | |||
Exhibit 5: Drainage Easement |
11.E.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Consideration and Adoption of Ordinance No. 2023-13: an ordinance of the City Council of the City of Flagstaff, authorizing the acquisition of additional real property interests for the Highway 180 Culvert Project; providing for delegation of authority, severability, repeal of conflicting ordinances, authority for clerical corrections, and establishing an effective date; and Consideration and Ratification of Irrevocable Right of Entry for purchase of real property required for the project. |
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STAFF RECOMMENDED ACTION: | |||||
1) Read Ordinance No. 2023-13 by title only for the first time
2) City Clerk reads Ordinance No. 2023-13 by title only (if approved above) 3) Read Ordinance No. 2023-13 by title only for the final time (requires unanimous vote) 4) City Clerk reads Ordinance No. 2023-13 by title only (if unanimously approved above) 5) Adopt Ordinance No. 2023-13 (requires unanimous vote) 6) Motion to ratify Irrevocable Right of Entry contract for purchase of real property. |
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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. Previous project iterations required property acquisition from the Mt. Calvary Lutheran Church on the West side of Highway 180. In collaboration on an emergency project with ADOT, a new temporary and permanent flood mitigation will divert Schultz Creek flows through the Fire station property, across three other properties identified in the chart attached to the ordinance. This ordinance authorizes all necessary private property acquisitions in order build the temporary and permanent projects as described. The City has been working closely with ADOT to build the temporary project before monsoon season; approving the ordinance at one meeting will allow us to maintain that schedule as closely as possible. The City Council is being asked to ratify an Irrevocable Right of Entry that enables the City and ADOT to immediately enter onto vacant land owned by Sandra Claire Roy-Mailloux and begin construction of the Highway 180 Culvert Project, and wherein City agrees to purchase the land for $500,000 or fair market value, whichever is greater. The City's preliminary analysis suggests that fair market value is at least $500,000. An appraisal is required prior to purchase. The property is zoned for multi-family use. After the project is completed it is unlikely any residual land will be available for development. |
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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. Details of the cost sharing between ADOT and the City for the construction of the temporary project is currently being negotiated. Presently, the City is funding current utility relocations. The overall cost of real property acquisitions authorized by this ordinance may exceed $750,000. |
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Policy Impact: | |||||
None | |||||
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: | |||||
On April 18th 2023, Council approved Ordinance No. 2023-08 authorizing property acquisitions for the Schultz Creek Stabilization Project and Highway 180 Culvert Project. The proposed ordinance authorizes different, additional property acquisitions. | |||||
Attachments: | Ord. 2023-13 | ||
Exhibit 1: Chart of Properties | |||
Exhibit 2: Map of Project | |||
Irrevocable Right of Entry |
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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 Heavy Industrial Adjacent to Residential | |||||
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 April 17, 2023, requesting that the City Council "give parcel APN 113-10-001R a proper access through City land APN 113-06-003 and 113-06-004 to access N. El Paso Flagstaff Road as option #1 or through city and then county property to access Empire." 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 #2023-03 | ||
Information Provided by Transportation Section |