DRAFT AGENDA
4:30 P.M. MEETING
Individual Items on the 4:30 p.m. meeting agenda may be postponed to the 6:00 p.m. meeting.
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1. | CALL TO ORDER
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).
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2. | ROLL CALL
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3. | PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
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4. | PUBLIC PARTICIPATION Public Participation enables the public to address the Council about an item that is not on the agenda. Comments relating to items that are on the agenda will be taken at the time that the item is discussed. If you wish to address the Council at tonight's meeting, please complete a comment card and submit it to the recording clerk as soon as possible. Your name will be called when it is your turn to speak. You may address the Council up to three times throughout the meeting, including comments made during Public Participation. Please limit your remarks to three minutes per item to allow everyone an opportunity to speak. At the discretion of the Chair, ten or more persons present at the meeting and wishing to speak may appoint a representative who may have no more than fifteen minutes to speak. |
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5. | PROCLAMATIONS AND RECOGNITIONS | |||||
A. | Employee Work Group Recognitions | |||||
6. | LIQUOR LICENSES PUBLIC HEARINGS | |||||
A. | Consideration and Action on Liquor License Application: Kamporn Khonphian "Asia Station," 121 S. San Francisco Street, 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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7. | CONSENT ITEMS
All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items.
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A. | Consideration of Appointments: Presiding Magistrate, Magistrate and On-Call Magistrate. | |||||
STAFF RECOMMENDED ACTION: | ||||||
Approve the appointments of Honorable Thomas Chotena as Presiding Magistrate, Honorable Michael Araujo as Magistrate and Honorable Paul Julien as On-Call Magistrate.
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8. | ROUTINE ITEMS | |||||
A. | Consideration and Approval of Contracts: Annual Software Maintenance Contracts | |||||
STAFF RECOMMENDED ACTION: | ||||||
Approve contracts for annual software maintenance in an amount not to exceed $436,015.25 plus applicable taxes with:
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B. | Consideration and Approval of Contract: Purchase of Materials and/or Services with Northern Arizona University for Fiber Services | |||||
STAFF RECOMMENDED ACTION: | ||||||
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C. | Consideration and Adoption of Resolution No. 2019-32: A resolution of the Flagstaff City Council adopting the City of Flagstaff Public Safety Personnel Retirement System Pension Funding Policy; delegating authority; and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Resolution No. 2019-32 by title only
2) City Clerk reads Resolution No.2019-32 by title only (if approved above) 3) Adopt Resolution No. 2019-32 |
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D. | Consideration and Adoption of Ordinance No. 2019-18: A(n) ordinance of the Flagstaff City Council authorizing the acquisition of approximately 1.931 acres of real property at 3900 E. Industrial Drive for public right-of-way and approving real estate purchase and sale contracts; providing for severability, the delegation of authority, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | ||||||
At the June 18, 2019 Council Meeting:
1) Read Ordinance No. 2019-18 by title only for the first time 2) City Clerk reads Ordinance No. 2019-18 by title only (if approved above) At the July 2, 2019 Council Meeting: 3) Read Ordinance No. 2019-18 by title only for the final time 4) City Clerk reads Ordinance No. 2019-18 by title only (if approved above) 5) Adopt Ordinance No. 2019-18 |
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E. | Consideration and Adoption of Ordinance 2019-11: A(n) ordinance of the Flagstaff City Council authorizing the sale of a portion of City property located at 2989 E. Butler Avenue, Assessor Parcel Number 106-04-007B to Woodshire on Butler, LLC for affordable housing, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | ||||||
At the June 18 Council Meeting:
1) Read Ordinance No. 2019-11 by title only for the first time 2) City Clerk reads Ordinance No. 2019-11 by title only (if approved above) At the July 2nd Council Meeting: 3) Read Ordinance No. 2019-11 by title only for the final time 4) City Clerk reads Ordinance No. 2019-11 by title only (if approved above) 5) Adopt Ordinance No. 2019-11 |
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F. | Consideration and Approval of Agreement: Category 5 Master Cost Recovery Agreement between U.S. Department of Agriculture, Forest Service, Coconino National Forest and the City of Flagstaff. | |||||
STAFF RECOMMENDED ACTION: | ||||||
Approve the Master Cost Recovery Agreement Between U.S.Department of Agriculture (USDA), Forest Service, Coconino National Forest, and City of Flagstaff.
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G. | Consideration and Adoption of Ordinance 2019-23: An ordinance of the Flagstaff City Council authorizing the transfer of real property along Arizona Highway 180/Humphreys Street from Route 66 to Aspen Avenue to the Arizona Department of Transportation for right-of-way purposes; delegating authority and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | ||||||
At the June 18, 2019 Council Meeting:
1) Read Ordinance No. 2019-23 by title only for the first time 2) City Clerk reads Ordinance No. 2019-23 by title only (if approved above) At the July 2nd, 2019 Council Meeting: 3) Read Ordinance No. 2019-23 by title only for the final time 4) City Clerk reads Ordinance No. 2019-23 by title only (if approved above) 5) Adopt Ordinance No. 2019-23 |
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H. | Consideration and Approval of Contract: State Lobbying Professional Services Contract with Elevated Advocacy, LLC in the amount of $72,000 annually. | |||||
STAFF RECOMMENDED ACTION: | ||||||
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I. | Consideration and Approval of Resolution No. 2019-23: A resolution of the Flagstaff City Council approving Grant Agreement GRT-19-0007314-T between the State of Arizona and the City of Flagstaff acting on behalf of the Flagstaff Metropolitan Planning Organization (FMPO) regarding work project implementation. (Annual Update of FMPO Grant Agreement) | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Read Resolution No. 2019-23 by title only
2) City Clerk reads Resolution No. 2019-23 by title only (if approved above) 3) Adopt Resolution No. 2019-23 |
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J. | Consideration and Adoption of Resolution No. 2019-26 and Ordinance No. 2019-16: Adoption of the “The 2018 Suite of Codes and the 2019 Amendments to City Code, Title 4, Building Regulations." | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
1) Adopt Resolution No. 2019-26
2) Read Ordinance No. 2019-16 by title only for the final time 3) City Clerk reads Ordinance No. 2019-16 by title only (if approved above) 4) Adopt Ordinance No 2019-16 |
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K. | Consideration and Adoption of Resolution No. 2019-27 and Ordinance No. 2019-17: Declaring as a Public Record that certain document known as "The International Fire Code, 2018 Edition, and the 2019 Amendments to the Flagstaff City Code, Title 5, Fire Code" and adopting said public record by reference. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
1) Adopt Resolution No. 2019-27
2) Read Ordinance No. 2019 -17 by title only for the final time 3) City Clerk reads Ordinance No.2019-17 by title only (if approved above) 4) Adopt Ordinance No 2019-17 |
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RECESS 6:00 P.M.
RECONVENE |
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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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9. | ROLL CALL
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10. | PLEDGE OF ALLEGIANCE | ||||||||
11. | PUBLIC PARTICIPATION | ||||||||
12. | CARRY OVER ITEMS FROM THE 4:30 P.M. AGENDA | ||||||||
13. | PUBLIC HEARING ITEMS | ||||||||
A. |
Public Hearing, Consideration and Possible Adoption of Ordinance No. 2019-20: An ordinance amending the Flagstaff Zoning Map designation of approximately 14.51 acres of real property located at 825 and 829 E. Butler Avenue on parcel numbers 104-13-002B and 104-03-005B from Light Industrial (LI) and Heavy Industrial (HI) to 2.24 acres of Highway Commercial (HC) and 12.27 acres of High Density Residential (HR), for purposes of developing a multi-family residential and commercial project. (McGrath Partners Zoning Map Amendment request for property located at 825 and 829 E. Butler Avenue) |
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STAFF RECOMMENDED ACTION: | |||||||||
At the June 18, 2019 Council Meeting:
1) Hold the Public Hearing 2) Read Ordinance No. 2019-20 by title only for the first time 3) City Clerk reads Ordinance No. 2019-20 by title only (if approved above) At the July 2, 2019 Council Meeting: 4) Read Ordinance No. 2019-20 by title only for the final time 5) City Clerk reads Ordinance No. 2019-20 by title only (if approved above) 6) Adopt Ordinance No. 2019-20 |
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B. | Public Hearing, Consideration and Possible Adoption of Ordinance No. 2019-21: An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 16.11 acres of real property located at 3401 S Lake Mary Road, from Estate Residential ("ER") and Rural Residential ("RR") to Medium Density Residential ("MR"); (Aura Flagstaff) | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
Staff recommends the City Council, in accordance with the findings presented by staff, deny the requested Direct to Ordinance Zoning Map Amendment Application for Aura Flagstaff (PZ-17-00218-03) and take the following action:
At the June 18, 2019 Council Meeting:
1) Hold Public Hearing 2) Deny the requested Direct to Ordinance Zoning Map Amendment Application for Aura Flagstaff (PZ-17-00218-03) If the City Council believes that the proposed zoning map amendment does meet the required findings, then staff recommends the following action:
At the June 18, 2019 Council Meeting:
1) Hold Public Hearing 2) Read Ordinance No. 2019-21 by title only for the first time 3) City Clerk reads Ordinance No. 2019-21 by title only (if approved above) At the July 2, 2019 Council Meeting: 4) Read Ordinance No. 2019-21 by title only for the final time 5) City Clerk reads Ordinance No. 2019-21 by title only (if approved above) 6) Adopt Ordinance No. 2019-21 |
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C. | Public Hearing: "Truth in Taxation", FY 2019-2020 Budget and Property Tax Levy (combined). | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
1) Open the public hearing
2) Receive citizen input 3) Close the public hearing 4) Convene Special Meeting |
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D. | SPECIAL MEETING | ||||||||
i. | Consideration and Adoption of Resolution No. 2019-25: A resolution of the Council of the City of Flagstaff, Arizona, adopting the Budget for the Fiscal Year 2019-2020 | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
1) Read Resolution No. 2019-25 by title only
2) City Clerk reads Resolution No. 2019-25 by title only (if approved above) 3) Adopt Resolution No. 2019-25 4) Adjourn Special Meeting and reconvene Regular Meeting |
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14. | REGULAR AGENDA | ||||||||
A. |
Approve a Primary Property Tax Levy: of $6,892,243 in FY 2019-2020 (a 2.0% increase in levy from FY 2018-2019 plus amounts attributable to new construction) by roll call vote. AND Consideration and Adoption of Ordinance No. 2019-15: An ordinance levying upon the assessed valuation of the property within the City of Flagstaff, Arizona, subject to taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the Annual Budget, less the amount estimated to be received from other sources of revenue; providing funds for various bond redemptions, for the purpose of paying interest upon bonded indebtedness and providing funds for general municipal expenses, all for the Fiscal Year ending the 30th day of June, 2020. (Primary and secondary property tax levies for FY 2019-2020) |
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STAFF RECOMMENDED ACTION: | |||||||||
1. ROLL CALL VOTE:
Approve the proposed increase in the primary property taxes by roll call vote as required by "Truth in Taxation" legislation. 2. ORDINANCE: At the June 18, 2019 Council Meeting: 1) Read Ordinance No. 2019-15 by title only for the first time 2) City Clerk reads Ordinance No. 2019-15 by title only (if approved above) At the July 2, 2019 Council Meeting: 3) Read Ordinance No. 2019-15 by title only for the final time 4) City Clerk reads Ordinance No. 2019-15 by title only (if approved above) 5) Adopt Ordinance No. 2019-15 |
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B. | Consideration and Adoption of Ordinance No. 2019-13: An ordinance of the City Council of the City of Flagstaff, Arizona, amending Flagstaff City Code, Title 3, Business Regulations, Chapter 3-05, Privilege and Excise Taxes, Division 3-5-006, Use Tax, by increasing the use tax rate from 1% to 2.281%; providing for penalties, repeal of conflicting ordinances, severability, and establishing an effective date. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
At the June 18, 2019 Council Meeting:
1) Read Ordinance No. 2019-13 by title only for the first time 2) City Clerk reads Ordinance No. 2019-13 by title only (if approved above) At the July 2, 2019 Council Meeting: 3) Hold Public Hearing 4) Read Ordinance No. 2019-13 by title only for the final time 5) City Clerk reads Ordinance No. 2019-13 by title only (if approved above) 6) Adopt Ordinance No. 2019-13 |
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C. | Consideration and Adoption of Ordinance No. 2019-24: An ordinance prohibiting the sale of tobacco products to persons under the age of 21. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
At the June 18, 2019 Council Meeting:
1) Read Ordinance No. 2019-24 by title only for the first time 2) City Clerk reads Ordinance No. 2019-24 by title only (if approved above) At the July 2, 2019 Council Meeting: 3) Read Ordinance No. 2019-24 by title only for the final time 4) City Clerk reads Ordinance No. 2019-24 by title only (if approved above) 5) Adopt Ordinance No. 2019-24 |
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D. | Consideration and Adoption of Resolution No. 2019-30: A Resolution of the Flagstaff City Council, approving a Pond Agreement with Wanderland Flagstaff, LLC, to provide for acquisition of a storm water detention easement on certain real property located along west Route 66, construction of a pond for recreational and storm water detention use, and maintenance of the pond; providing for recording, and establishing an effective date. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
1) Read Resolution No. 2019-30 by title only
2) City Clerk reads Resolution No. 2019-30 by title only (if approved above) 3) Adopt Resolution No. 2019-30 |
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E. | Consideration and Adoption of Resolution No. 2019-28 and Ordinance No. 2019-19: A resolution and ordinance amending the Flagstaff City Code, Title 8, Streets and Public Ways and Title 9, Traffic, Chapter 9-05, Bicycles. | |||||
STAFF RECOMMENDED ACTION: | ||||||
1) Adopt Resolution No. 2019-28
2) Read Ordinance No. 2019-19 by title only for the final time 3) City Clerk reads Ordinance No. 2019-19 by title only (if approved above) 4) Adopt Ordinance No. 2019-19 |
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15. | COUNCIL LIAISON REPORTS | |||||
16. | 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 request by Mayor Evans to place on a future agenda a discussion about a cell phone tower ordinance to require that the coverage map provided in the application be done by an independent third party. | |||||
B. | Future Agenda Item Request (F.A.I.R.): A request by Councilmember Odegaard to place on a future agenda a discussion about the creation of a City Veterans’ Liaison Coordinator position. | |||||
17. | INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS | |||||
18. | ADJOURNMENT | |||||
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6.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Action on Liquor License Application: Kamporn Khonphian "Asia Station," 121 S. San Francisco Street, 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 of 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. Asia Station is an existing business in Flagstaff applying for a new series 12 restaurant license. If approved it will be the 101st active series 12 license in Flagstaff. Series 12 licenses are non-quota licenses. To view surrounding liquor licenses, please visit http://map-flagstaff.opendata.arcgis.com/ 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 Council Goal, Regional Plan and/or Team Flagstaff Strategic 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 July 12, 2019. |
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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 May 28, 2019. No written protests have been received to date. | |||||
Attachments: | Asia Station - Letter to Applicatnt | ||
Hearing Procedures | |||
Series 12 Description | |||
Asia Station - PD Memo | |||
Asia Station - Code Memo | |||
Asia Station - Map |
7.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration of Appointments: Presiding Magistrate, Magistrate and On-Call Magistrate. | |||||
STAFF RECOMMENDED ACTION: | |||||
Approve the appointments of Honorable Thomas Chotena as Presiding Magistrate, Honorable Michael Araujo as Magistrate and Honorable Paul Julien as On-Call Magistrate.
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Executive Summary: | |||||
Appointment of all magistrates is required to be completed by the Flagstaff City Council for a two-year term under both the City Charter and FCC Section 1-15-001-0002(A). Appointment of Magistrates for the Municipal Court allows for ongoing operations of the court without interruption. Magistrates hear criminal, civil, traffic and local code violations that are filed in the Flagstaff Municipal Court. They conduct trials, both jury and non-jury, and sentence individuals within the parameters set by law. Magistrates are required for the ongoing operational needs of the Municipal Court. Magistrates On-Call are critical to the criminal and civil processes of the judicial branch. Judges Chotena, Araujo and Julien have all been serving in their respective capacities as Magistrates at the Municipal Court and are requesting to continue in their current roles. |
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Financial Impact: | |||||
Funding for all judicial positions are included in the approved budget of the Flagstaff Municipal Court. No additional budgetary impact is anticipated. | |||||
Policy Impact: | |||||
Magistrates are critical to the criminal and civil processes of the judicial branch. These appointments help maintain an independent judiciary that is necessary for the ongoing operations of our local government. A strong, independent and fair judicial branch provides balance to criminal and civil matters that require resolution within our municipality. | |||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
Personnel - Attract and retain quality staff. | |||||
Has There Been Previous Council Decision on This: | |||||
All Magistrate have been appointed by previous City Councils and have been serving in the Flagstaff Municipal Court between four and seventeen years. | |||||
Attachments: |
8.A.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Consideration and Approval of Contracts: Annual Software Maintenance Contracts | |||||
STAFF RECOMMENDED ACTION: | |||||
Approve contracts for annual software maintenance in an amount not to exceed $436,015.25 plus applicable taxes with:
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Executive Summary: | |||||
Staff is requesting approval of two annual software maintenance contracts. The contracts are for our Police Division and Information Technology Section. Annual contracts are issued to provide ongoing software licensing support and maintenance as necessary. The attached quotes outline the anticipated expenditures for the fiscal year 2020. Annual purchase orders pursuant to contracts provide the means to conduct day-to-day activities of the City without delay. Each contract has been listed with the possibility of adding any applicable sales taxes to be added at a later time. | |||||
Financial Impact: | |||||
Software maintenance is budgeted in the Police Division, account number 001-04-061-0221-2-4231, and Information Technology Section 001-02-014-0047-1-4343. The Microsoft Enterprise Agreement applications cost has increased in order to cover the City's increased user base and to provide additional security features to the City. | |||||
Policy Impact: | |||||
None | |||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
Regional Plan: Goal PF.3. Provide high-quality emergency response and public safety services including law enforcement, fire, medical, and ambulance transport service. Team Flagstaff Strategic Plan: Provide exceptional service. |
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Previous Council Decision on This: | |||||
None | |||||
Options and Alternatives: | |||||
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Background and History: | |||||
Annually the Information Technology Section reviews software maintenance contracts with the Purchasing Section to determine if contracts will expire in the next fiscal year and determine the path forward for renewals. Staff then brings the contracts to the Council for approval prior to the expiration of the contracts for the upcoming fiscal year. The City has existing contracts with all vendors. Hexagon (formerly Intergraph) requires a new contract on an annual basis. The Microsoft Enterprise Agreement is on the State Cooperative contract list and was recently renewed through 2020. | |||||
Key Considerations: | |||||
Software maintenance and support services are being acquired from designated vendors from whom we purchased the computer software. | |||||
Community Benefits and Considerations: | |||||
Ongoing maintenance and support services assure the City the latest product enhancements, security patches and technical support that is critical in support of the City's computer infrastructure. | |||||
Community Involvement: | |||||
None. | |||||
Expanded Options and Alternatives: | |||||
Inform | |||||
Attachments: | Hexagon Quote | ||
CDW-Microsoft Quote |
8.B.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Approval of Contract: Purchase of Materials and/or Services with Northern Arizona University for Fiber Services | |||||
STAFF RECOMMENDED ACTION: | |||||
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Executive Summary: | |||||
Northern Arizona is our current Internet Service Provider and community partner. The City of Flagstaff currently utilizes a Suddenlink point to point fiber connection to NAU at a cost of $9,600 annually. This connection caps our Internet speed at 100MB. This would allow us to own the fiber from the City of Flagstaff to NAU. It would also allow us to collaborate on low-cost Internet circuits at higher speeds than 100MB. Finally, it would also allow us the opportunity to offer fiber connectivity to other government partners in the community, should they desire. | |||||
Financial Impact: | |||||
A one-time cost not to exceed $90,000 on a reimbursement basis for actual expenditures. This amount is budgeted in FY 2020 in account number 002-01-014-0044-1-4407. | |||||
Policy Impact: | |||||
None
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Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
Council Goals
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Has There Been Previous Council Decision on This: | |||||
No | |||||
Options and Alternatives: | |||||
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Background and History: | |||||
The City of Flagstaff has collaborated with Northern Arizona University for over 10 years for Internet service. Northern Arizona University has consistently provided higher speeds at lower costs as it has negotiated wholesale circuits to Phoenix. Currently, our Internet speed is capped by our point to point fiber connection over Suddenlink with an ongoing cost of $9,600. | |||||
Key Considerations: | |||||
City IT staff have met with Northern Arizona University to collaborate on extending our existing fiber on Butler Avenue to Northern Arizona University's campus. Northern Arizona University will follow its procurement rules to obtain bids for the construction of the fiber pathways and termination of the fiber optic cables. The City of Flagstaff will pay for 50% of the costs in an amount not to exceed $90,000 on a reimbursement basis for actual expenditures. The City will own and be responsible for all maintenance of the fiber optic cable from a vault in the alleyway between Butler Ave and DuPont Dr next to Building #57 as indicated on the proposed pathway. Northern Arizona University will own and be responsible for all maintenance of the fiber optic cable from that same vault to its Building #88. | |||||
Community Benefits and Considerations: | |||||
Should the City of Flagstaff decide to lease our fiber capacity to educational or government partners, it could provide a long-term revenue stream to the City. | |||||
Community Involvement: | |||||
This fiber optic cable would allow us to extend connectivity between the educational agencies in Flagstaff as well as any other government partners that want to collaborate on Internet pricing. | |||||
Expanded Options and Alternatives: | |||||
None | |||||
Attachments: | Contract with NAU for Fiber |
8.C.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||||||||||||||||
Consideration and Adoption of Resolution No. 2019-32: A resolution of the Flagstaff City Council adopting the City of Flagstaff Public Safety Personnel Retirement System Pension Funding Policy; delegating authority; and establishing an effective date. | |||||||||||||||||||
STAFF RECOMMENDED ACTION: | |||||||||||||||||||
1) Read Resolution No. 2019-32 by title only
2) City Clerk reads Resolution No.2019-32 by title only (if approved above) 3) Adopt Resolution No. 2019-32 |
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Executive Summary: | |||||||||||||||||||
The Flagstaff City Council is required to adopt a pension funding policy for its funding of the Public Safety Personnel Retirement System ("PSPRS") on or before July 1, 2019, pursuant to a new law, Arizona Revised Statutes Section 38-863.01. The policy will also need to be posted on the City website and updated annually. | |||||||||||||||||||
Financial Impact: | |||||||||||||||||||
Council will be adopting the Fiscal Year 2020 budget on June 18, 2019, which includes funding for the public safety pension plans as outlined in the pension funding policy. Details provided in the Expanded Financial Considerations section. | |||||||||||||||||||
Policy Impact: | |||||||||||||||||||
The intent of this policy is to clearly communicate the Council’s pension funding objectives, its commitment to our employees and the sound financial management of the City, and to comply with Arizona Revised Statutes Section 38-863.01. | |||||||||||||||||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||||||||||||||||
City Council Goals: Personnel: Attract and retain quality staff: Evaluate ways to pay down unfunded pension liabilities in a quicker manner. Regional Plan: Goal PF.3. Provide high-quality emergency response and public safety services including law enforcement, fire, medical, and ambulance transport service. |
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Has There Been Previous Council Decision on This: | |||||||||||||||||||
On April 23-24, 2019 during the FY 2020 Budget Retreat staff presented on the pension funding policy. | |||||||||||||||||||
Options and Alternatives: | |||||||||||||||||||
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Background and History: | |||||||||||||||||||
The City of Flagstaff has two separate pension plans for the City’s public safety staff. While all the PSPRS plans are managed by the State, each plan within PSPRS stands alone by the City and employee group. The two plans for the City are the PSPRS-Fire and the PSPRS-Police. The City and its employees are responsible for the contributions and the City is solely responsible for liabilities of these plans. The City’s PSPRS plans currently are not fully funded to account for projected future liabilities. The financial health of each plan is updated annually in an actuarial report. The calculation of Unfunded Liability is calculated by taking the total Trust Asset and comparing that to the Accrued Pension Liability. If the Accrued Pension Liability is greater than the Trust Assets, it is called an Unfunded Liability. The most recent year that the plans were fully funded was June 30, 2002. The plans were $6.3M overfunded in 2002. In 2003 and 2004 the plans became underfunded by $206K and $5.5M respectively. As of June 30, 2019 (the most recent actuarial report) the plans are $107.7M underfunded. The growth in the Unfunded Liability cannot be contributed to one single event or policy. There are many issues that impacted the pension funds since 2000. Most notably is related to investment losses and reduced earnings as a result of the 2000 stock market downturn and then again during the Great Recession in 2007-2009. Other contributing factors are related to pension plan design, legislative attempts to change pensions, the number of retired versus active members and actuarial assumptions changes. Actuarial assumption changes include items such as employee base, wage inflation, and investment returns. This list is not all inclusive of the factors that impacted the City's unfunded liability. During the 2018 State legislative session, Arizona Revised Statute Section 38-863.01 was adopted, which requires all entities with a PSPRS plan to adopt a pension funding policy prior to July 1, 2019, and updated and adopted annually. During the April 2019 Budget Retreat for the FY 2020, staff presented information about the PSPRS plans, a draft pension funding policy and several funding options for Council to consider for the purpose of reducing the unfunded liability of the plans. At that time a majority of Council agreed to consider an increase in the Use Tax rate to dedicate a resource to pay additional contributions to the PSPRS plans. The proposal is to increase the Use Tax rate from 1% to 2.281% (to match the Transaction Privilege Tax base rate) as of July 1, 2019. The ordinance to consider a Use Tax rate increase is currently scheduled for the June 18, 2019, and July 2, 2019, Council meetings. The rate increase will provide approximately $900,000 in revenues annually. In the actuarial reports for the periods ending June 30, 2016, 2017, and 2018, the City has maintained a 37% funding ratio for the combined plans. The funding ratio is based on the trust assets divided by the accrued pension liability. An 80% funded ratio is considered healthy. The U.S. Government Accountability Office states: “Most public pension plans report having sufficient assets to pay for retiree benefits over the next several decades. Many experts and officials to whom we spoke consider a funded ratio of 80% to be sufficient for public plans for a couple of reasons. First, it is unlikely that public employees will go out of business or cease operations as can happen with private sector employers, and state and local governments can spread the costs of unfunded liabilities over a period up to 30 years under current GASB standards.” The pension funding policy outlines several measures the City is taking to improve funding ratios in our PSPRS plans, including:
Based on these pension funding policy decisions by the Council, the City PSPRS plans are expected to achieve a goal of 100% funding by June 30, 2039. The change in the funding ratios is outlined below.
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Community Benefits and Considerations: | |||||||||||||||||||
The FY 2020 budget includes the following pension contributions:
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Expanded Options and Alternatives: | |||||||||||||||||||
Inform: The pension funding policy will inform our community of the policy decisions made by the Council to address the PSPRS unfunded pension liability. Involve: The community was invited to the annual retreat and is able to provide comments. |
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Attachments: | Res. 2019-32 | ||
Pension Funding Policy |
8.D.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Consideration and Adoption of Ordinance No. 2019-18: A(n) ordinance of the Flagstaff City Council authorizing the acquisition of approximately 1.931 acres of real property at 3900 E. Industrial Drive for public right-of-way and approving real estate purchase and sale contracts; providing for severability, the delegation of authority, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | |||||
At the June 18, 2019 Council Meeting:
1) Read Ordinance No. 2019-18 by title only for the first time 2) City Clerk reads Ordinance No. 2019-18 by title only (if approved above) At the July 2, 2019 Council Meeting: 3) Read Ordinance No. 2019-18 by title only for the final time 4) City Clerk reads Ordinance No. 2019-18 by title only (if approved above) 5) Adopt Ordinance No. 2019-18 |
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Executive Summary: | |||||
The three-phased Industrial Drive Improvement Project has a general scope to upgrade sewer and water systems, construct new roadway pavement and the associated edge improvements. Phase III will complete the connection of Industrial Drive from Huntington Drive to Eagle Mountain Drive with construction targeted for calendar 2020. Currently, Industrial Drive from Huntington Drive to Eagle Mountain Drive is partially on an easement granted to the county for ingress/egress (approximately 18,900 square feet). The balance of the unimproved road is on private property owned by the Block-Lite Company. The City needs to acquire approximately 84,114 square feet or 1.931 acres for right-of-way. The City will also acquire a temporary construction easement of 13,922 square feet at no cost to the City. |
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Financial Impact: | |||||
Right-of-way acquisition 1.931 acres valued at $322,560 per appraisal. Minor Improvements and Minor Costs to Cure valued at $210,515 per appraisal. A summary of the appraisal and explanation of the costs to cure is attached. The costs to cure are high because the City needs to pay $180,615 for the replacement of five (5) concrete material bins that are being displaced by the acquisition. Total acquisition cost= $533,075 plus closing costs. Account number 040-05-112-3056-6-4432 |
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Policy Impact: | |||||
None | |||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
TRANSPORTATION AND OTHER PUBLIC INFRASTRUCTURE Deliver quality community assets and continue to advocate and implement a highly performing multi-modal transportation system. |
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Has There Been Previous Council Decision on This: | |||||
No | |||||
Options and Alternatives: | |||||
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Background and History: | |||||
Currently, a portion of Industrial Road crosses private property at 3900 E. Industrial Drive. The road is an unimproved, chip seal road that does not meet the City’s Engineering Standards for its classification as a minor arterial, truck route. Additionally, there are issues with flooding in this area. This property acquisition will provide connectivity for the City right-of-way along Industrial Drive and will allow City staff to solicit construction bids and move forward with construction of this missing segment of Industrial Drive. The improvements will take this segment of Industrial Drive off private property and put the roadway, underground utilities, hydrants, streetlights and edge improvements within a City-owned right-of-way. Additionally, the Fanning wash drainage improvement component will replace the existing high maintenance, low water crossing and will conduct the 100-year storm frequency beneath the new roadway and into an existing drainage draw. Upon completion of construction, a Letter of Map Revision (LOMR) will be submitted to FEMA requesting an update to the Flood Insurance Rate Map (FIRM). |
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Key Considerations: | |||||
1. Provide connectivity by acquiring a private road on Industrial Drive and including it into the City's right-of-way. 2. Improve the road to the City's Engineering Standards. 3. Correct drainage issues. |
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Community Benefits and Considerations: | |||||
The estimated cost to construct the roadway and improve the drainage is $1,665,000. | |||||
Community Involvement: | |||||
Improved roadway and drainage on Industrial Drive. | |||||
Expanded Options and Alternatives: | |||||
Inform | |||||
Attachments: | Ord. 2019-18 | ||
Purchase and Sale Contract | |||
Exhibit A | |||
Exhibit B TCE form | |||
Exhibit B | |||
Exhibit C | |||
Overview Map | |||
Appraisal Summary | |||
Presentation |
8.E.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Consideration and Adoption of Ordinance 2019-11: A(n) ordinance of the Flagstaff City Council authorizing the sale of a portion of City property located at 2989 E. Butler Avenue, Assessor Parcel Number 106-04-007B to Woodshire on Butler, LLC for affordable housing, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | |||||
At the June 18 Council Meeting:
1) Read Ordinance No. 2019-11 by title only for the first time 2) City Clerk reads Ordinance No. 2019-11 by title only (if approved above) At the July 2nd Council Meeting: 3) Read Ordinance No. 2019-11 by title only for the final time 4) City Clerk reads Ordinance No. 2019-11 by title only (if approved above) 5) Adopt Ordinance No. 2019-11 |
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Executive Summary: | |||||
Staff had evaluated the City property at 2989 E. Butler Avenue and it was determined that due to the future roundabout the development options for the property were very limited. The adjacent property owner had submitted plans to the City for the development of 40 bungalow homes on their parcel at 3001 E. Butler Avenue. Due to this adjacent development, Staff realized a potential opportunity to sell the City property and request affordable units to be built on the site. Staff was directed by the prior Council to offer approximately .74 acres of City property at 2989 E. Butler Avenue for sale and development to include affordable housing units. The City property was advertised at a minimum bid of $130,000 plus 5 affordable units in Solicitation No. 2019-67 and closed on Thursday, February 21, 2019. One bid was received. March 19, 2019 staff received approval to accept the bid by the City Council and enter into a Purchase Agreement and Development Agreement for the sale of the property. The sale is contingent on the City Council approval of the Development Agreement which will be brought to Council for consideration and approval on July 2nd, 2019. | |||||
Financial Impact: | |||||
The city will receive $130,000 from the sale of approximately .74 acres of vacant land and will also receive 5 affordable housing units. | |||||
Policy Impact: | |||||
None | |||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
City Council Goal Affordable Housing - Support the development and increase the inventory of public and private affordable housing for renters and home-owners throughout the community. Support development and increase the inventory of public and private affordable housing for renters and home-owners throughout the community. Support development and increase the inventory of public and private affordable housing for renters and home-owners throughout the community. |
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Has There Been Previous Council Decision on This: | |||||
|
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Background and History: | |||||
The City's Real Estate Staff has been evaluating all city parcels to determine if there are any sites suitable for development in an effort to further the Council's Goal of Affordable Housing. Real Estate considered the City parcel at 2989 E. Butler Avenue and was informed by the City Engineering that there would be a future roundabout in that location and a majority of the parcel would be needed. Real Estate worked with Engineering and Planning to further evaluate the parcel to determine if any portion of the parcel could still be developed. Engineering determined that .74 acres of the 1.84 acres could be split off and sold. It was determined however that due to the future roundabout the development options for the parcel were very limited because access to the site would only be available off the future realigned Herold Ranch Road as a right-in right-out only after the construction of the roundabout (construction of roundabout TBD). Meanwhile, the adjacent property owner had submitted plans to the City for the development of 40 bungalow homes on their parcel at 3001 E. Butler Avenue. Due to this adjacent development, Staff realized a potential opportunity to sell the remaining portion of the City parcel and request affordable units to be built on the site. Staff was directed by Council on November 13, 2018, to offer approximately .74 acres of City property at 2989 E. Butler Avenue for sale and development to include affordable housing units. The City property was advertised at a minimum bid of $130,000 plus 5 affordable units in Solicitation No. 2019-67 and closed on Thursday, February 21, 2019. One bid was received. March 19, 2019, Council accepted the offer and directed Staff to enter into a Purchase Agreement and Development Agreement for the sale of the property. The Development Agreement will be brought before Council on July 2nd, 2019 for consideration and approval. The Purchase Agreement is contingent on Council Approval of the Development Agreement. City parcel was acquired on April 14, 1970, from Ernest and Evelyn Chilson and recorded in document number 376 page 654. |
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Community Involvement: | |||||
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Expanded Options and Alternatives: | |||||
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Attachments: | Purchase Agreement | ||
Vicinity Map | |||
Exhibit A Legal Descriptions | |||
Ord. 2019-11 | |||
Special Warranty Deed |
8.F.
| |||||||||||||
CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
|
TITLE: | |||||
Consideration and Approval of Agreement: Category 5 Master Cost Recovery Agreement between U.S. Department of Agriculture, Forest Service, Coconino National Forest and the City of Flagstaff. | |||||
STAFF RECOMMENDED ACTION: | |||||
Approve the Master Cost Recovery Agreement Between U.S.Department of Agriculture (USDA), Forest Service, Coconino National Forest, and City of Flagstaff.
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|||||
Executive Summary: | |||||
The City of Flagstaff is working on many projects that require a special use permit from the Forest Service. In order to expedite the City's projects, the Forest Service has requested that the City enter into a Master Cost Recovery Agreement. This Agreement will be funded with an initial $15,000 and will allow the Forest Service to use the funds to process the City applications in a more timely manner. | |||||
Financial Impact: | |||||
Initial processing fee $15,000 The Forest Service will use the initial fee to process and review the application and then provide an invoice to the City on expenses per project. The project invoice will then be billed against the Division/Section project account. The Account number for the $15,000 processing fee is 001-00-000-0000-0-1202 (Prepaid/Receivable Account). |
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Policy Impact: | |||||
None
|
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Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
TRANSPORTATION AND OTHER PUBLIC INFRASTRUCTURE Deliver quality community assets and continue to advocate and implement a highly performing multi-modal transportation system. |
|||||
Has There Been Previous Council Decision on This: | |||||
No | |||||
Options and Alternatives: | |||||
1. Approve the Agreement with the Forest Service. 2. Do not approve the Agreement which may delay the City projects. |
|||||
Background and History: | |||||
The City has many projects that cross Forest Service land and require special use permits from the Forest Service prior to the commencement of any work. These are a range of capital improvement projects; water, communication, transportation, and multi-modal transportation. The Master Cost Recovery Agreement will help to expedite the processing of the applications with the Forest Service. Some of the current projects that are in review with the Forest Serice are the following. 1. Red Gap Ranch Pipeline Feasibility Study 2. Landfill Road Improvement Project 3. Lake Mary Well #2 Radio Tower 4. Inert Pit for a Water Tank-Water Services Project 5. Sheep Crossing FUTS trail |
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Key Considerations: | |||||
Approval of the Mater Cost Recovery Agreement will allow the Forest Service to process the City's applications and help to expedite the process. | |||||
Community Involvement: | |||||
City capital projects will be processed quicker and will result in benefits to the community. Current projects are related to water, FUTS and road improvement projects. |
|||||
Expanded Options and Alternatives: | |||||
Inform | |||||
Attachments: | Master Cost Recovery Agreement |
8.G.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Consideration and Adoption of Ordinance 2019-23: An ordinance of the Flagstaff City Council authorizing the transfer of real property along Arizona Highway 180/Humphreys Street from Route 66 to Aspen Avenue to the Arizona Department of Transportation for right-of-way purposes; delegating authority and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | |||||
At the June 18, 2019 Council Meeting:
1) Read Ordinance No. 2019-23 by title only for the first time 2) City Clerk reads Ordinance No. 2019-23 by title only (if approved above) At the July 2nd, 2019 Council Meeting: 3) Read Ordinance No. 2019-23 by title only for the final time 4) City Clerk reads Ordinance No. 2019-23 by title only (if approved above) 5) Adopt Ordinance No. 2019-23 |
|||||
Executive Summary: | |||||
Arizona Department of Transportation (ADOT) is working with the City to mitigate the traffic congestion issues along Highway 180 and has requested the City transfer a portion of its property at 211 West Aspen Avenue from Route 66 to Aspen Avenue and transfer a portion of right-of-way adjacent to 175 W. Aspen Avenue and 100 N. Humphreys Street. This right-of-way was acquired in 2017 from the developers of the Marriott Residence Inn for the purpose of future dedication to ADOT in anticipation of the future widening of Humphreys Street. Council's approval is contingent upon final construction plans remaining consistent with the Engineering Section's understanding of the project design and acceptable mitigation of impacts to drainage features and handicapped access as determined by the City Engineer. Contingent approval will aid in the delivery of the improvements by ADOT for next construction season. |
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Financial Impact: | |||||
The City paid the Marriott $150,000 for land adjacent to the Marriott (2,209 square feet x $67.90/sq.ft.) to accommodate the proposed widening of Humphreys Street. The City land adjacent to City Hall needed to accommodate the proposed widening of Humphreys Street, has an estimated value of $203,712.09 (approximately 3,000 square feet x $67.90/sq.ft.). The total estimated value of City property is $353,712.09. |
|||||
Policy Impact: | |||||
None | |||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
TRANSPORTATION AND OTHER PUBLIC INFRASTRUCTURE Deliver quality community assets and continue to advocate and implement a highly performing multi-modal transportation system. |
|||||
Has There Been Previous Council Decision on This: | |||||
Yes, February 2, 2016, Council adopted Ordinance No. 2016-03 authorizing the acquisition of certain real property adjacent to the Marriott Residence Inn site as a public right-of-way for the possible widening of Humphreys Street between Route 66 and Cherry Avenue. | |||||
Options and Alternatives: | |||||
1) Grant City property to ADOT for public right-of-way purposes to improve traffic congestion. 2) Do not grant City property to ADOT, and re-direct staff on how to improve traffic congestion along the Highway 180/Humphreys Street corridor. 3) Require ADOT to pay fair compensation for City property, which may have the effect of postponing the project. |
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Background and History: | |||||
Highway 180/Humphreys Street is a heavily traveled corridor. The City of Flagstaff has received numerous complaints from the citizens about traffic congestion traveling northbound and southbound along the corridor. The City partnered with the Flagstaff Metropolitan Planning Organization (FMPO) to complete a Winter Traffic Study and the Milton Road Alternative Operations Analysis. Both studies noted the intersection of Highway 180 and Route 66 are a major contributor to traffic congestion. Arizona Department of Transportation (ADOT) is working with the City to mitigate these traffic congestion issues and has requested additional right-of-way from the City to construct a right turning lane to improve the flow of traffic. | |||||
Key Considerations: | |||||
Transferring the real property to ADOT allows for the widening of Hwy 180/Humphreys Street between Route 66 and Aspen Avenue which will help to mitigate traffic congestion in the area. The Engineering Section will continue to work with ADOT to ensure that all impacts to City Hall and Wheeler Park are properly mitigated and the final improvements are consistent with those represented herewith. |
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Community Benefits and Considerations: | |||||
None | |||||
Community Involvement: | |||||
Improve traffic congestion. | |||||
Expanded Options and Alternatives: | |||||
Consult - The public was involved during the FMPO's Winter Traffic Study. The community also had an opportunity to make comment during the Council's approval of the Marriott's Development Agreement. | |||||
Attachments: | Ord. 2019-23 | ||
Exhibit A | |||
Exhibit B |
8.H.
| |||||||||||||||
CITY OF FLAGSTAFF | |||||||||||||||
STAFF SUMMARY REPORT | |||||||||||||||
|
TITLE: | |||||
Consideration and Approval of Contract: State Lobbying Professional Services Contract with Elevated Advocacy, LLC in the amount of $72,000 annually. | |||||
STAFF RECOMMENDED ACTION: | |||||
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Executive Summary: | |||||
The City contracts for state lobbying services to advocate and monitor specific legislation impacting the City's interest and established priorities. The City’s lobbyist is required to provide regular and and timely information to the City Manager and weekly updates to the City during Legislative Sessions and conduct a post session recap for City Council at public meetings. The lobbyist is responsible for ongoing communication throughout the Legislative session as well as seeking direction regarding important bills, amendments, developments and other direction provided from the city. Each year, the City Council adopts priorities to provide necessary direction to staff and the lobbyist. | |||||
Financial Impact: | |||||
Funding for state lobbying services is included in the adopted budget in account 001-09-402-1310-1-4206 Non-departmental. The FY2020 budget for state lobbying services is $48,000. If the recommended action is approved, the City would make up the $24,000 difference within the City's Non-departmental budget with reductions to other line items within the budget. Staff will meet with Budget Team determine those reductions. | |||||
Policy Impact: | |||||
No policy impact
|
|||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
1. Grow and strengthen a more equitable and resilient economy. 2. Support development and increase the inventory of public and private affordable housing for renters and home owners throughout the community. 3. Advance social justice in our community. 4. Deliver quality community assets and continue to advocate and implement a highly performing multi-model transportation system. 5. Revise the Zoning Code to remove ambiguities, and ensure it is consistent with community values and with the Regional Plan. 6. Take meaningful climate change action. 7. Become a national leader in water conservation in all sectors. 8. Actively manage and protect all environmental and natural resources. 9. Attract and retain quality staff. 10. Enhance public transparency and accessibility 11. Enhance relationships between the city and institutions of higher education. 12. Achieve comprehensive and equitable code compliance |
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Has There Been Previous Council Decision on This: | |||||
Previous Council decision on a contract for state lobbying service occurred in October 2010 and November 2015. | |||||
Options and Alternatives: | |||||
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Background and History: | |||||
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Key Considerations: | |||||
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Community Benefits and Considerations: | |||||
None | |||||
Community Involvement: | |||||
Community benefits of the State Lobbying Professional Services Contract may include additional or enhanced funding resources as well as policy actions that may enhance essential services or quality of life for Flagstaff residents, businesses, public agencies and visitors. |
|||||
Expanded Options and Alternatives: | |||||
State lobbying services were discussed during the annual budget hearings. | |||||
Attachments: | Professional Services Contract |
8.I.
| |||||||||||||
CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
|
TITLE: | |||||
Consideration and Approval of Resolution No. 2019-23: A resolution of the Flagstaff City Council approving Grant Agreement GRT-19-0007314-T between the State of Arizona and the City of Flagstaff acting on behalf of the Flagstaff Metropolitan Planning Organization (FMPO) regarding work project implementation. (Annual Update of FMPO Grant Agreement) | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Resolution No. 2019-23 by title only
2) City Clerk reads Resolution No. 2019-23 by title only (if approved above) 3) Adopt Resolution No. 2019-23 |
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Executive Summary: | |||||
IGA/JPA GRT-19-0007314-T acknowledges the roles and responsibilities of the City of Flagstaff as fiscal agent for the Flagstaff Metropolitan Planning Organization (FMPO) including procedures for invoicing. The Grant Agreement recognizes the FMPO in the provision of regional transportation planning and programming in accordance with federal mandates and authorizes the Arizona Department of Transportation to provide federal transportation planning and construction funds for those purposes. This Grant Agreement acknowledges the new work program for FY20 as the approved tasks to be implemented, invoiced and reimbursed. |
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Financial Impact: | |||||
FMPO brings in about $270,000 in federal planning funds and $430,000 in general construction funds on an annual basis. Failure to approve the amendment will de-fund the FMPO and essential services in transportation modeling, trails planning, and more will fall to City staff. Loss of the FMPO will result in the City's loss of eligibility for federal transportation construction funds including any grants for which it might apply. | |||||
Policy Impact: | |||||
No impact to current policy. | |||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
TRANSPORTATION AND OTHER PUBLIC INFRASTRUCTURE: Deliver quality community assets and continue to advocate and implement a highly performing multi-modal transportation system. REGIONAL PLAN: LU.7. Provide for public services and infrastructure. LU.12. Accommodate pedestrians, bicyclists, transit riders, and private cars to supplement downtown's status... T.1. Improve mobility and access throughout the region. T.2. Improve transportation safety and efficiency for all modes. T.3. Provide transportation infrastructure that is conducive to conservation, preservation, and development goals to avoid, minimize, or mitigate impacts on the natural and built environment. T.4. Promote transportation infrastructure and services that enhance the quality of life of the communities within the region. T.5. Increase the availability and use of pedestrian infrastructure, including FUTS, as a critical element of a safe and livable community. T.6. Provide for bicycling as a safe and efficient means of transportation and recreation. T.7. Provide a high-quality, safe, convenient, accessible public transportation system, where feasible, to serve as an attractive alternative to single-occupant vehicles. T.8. Establish a functional, safe and aesthetic hierarchy of roads and streets. T.9. Strengthen and support rail service opportunities for the region's businesses and travelers. T.10. Strengthen and expand the role of Flagstaff Pulliam Airport as the dominant hub for passenger, air freight, public safety flights, and other services in northern Arizona. T.11. Build and sustain public support for the implementation of transportation planning goals and policies including the financial underpinnings of the Plan, by actively seeking meaningful community involvement. |
|||||
Has There Been Previous Council Decision on This: | |||||
Yes. This is an annual Grant Agreement and/or update process for FY20. Last year the Council adopted an amendment one to the Intergovernmental Agreement/Joint Project Agreement. | |||||
Background and History: | |||||
The FMPO has been in place since 1996. It started with an intergovernmental agreement between the City, County, and State. More recently, an Intergovernmental Agreement (IGA) between the City and County establishes the FMPO and this Grant Agreement establishes the FMPO relation to the State. The City is acknowledged as the host agency for the FMPO and acts on its behalf. | |||||
Key Considerations: | |||||
The FMPO Executive Board adopted the work program referenced by this Grant Agreement on June 5, 2019, after a 30-day public comment period and recommendation from the FMPO Technical Advisory Committee. | |||||
Community Benefits and Considerations: | |||||
The City currently provides $22,500 annually in transportation sales tax funding to the FMPO and supports part of the multi-modal planner position through the transportation sales tax. This funding is used to match federal grant funds and to provide trail planning and project delivery services for the City. | |||||
Community Involvement: | |||||
The FMPO provides high-quality transportation planning for the region and is respected across the state and nation. Approval of this amendment will assure the continuation of those services. | |||||
Expanded Options and Alternatives: | |||||
Consult: a 30-day public comment period on the work program was provided. The work program seeks to advance the regional transportation plan that enjoyed considerable public involvement. FMPO committee and board meetings are open to the public. | |||||
Attachments: | Agreement | ||
Res. 2019-23 | |||
FY20 Work Program |
8.J.
| |||||||||||||
CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
|
TITLE: | |||||
Consideration and Adoption of Resolution No. 2019-26 and Ordinance No. 2019-16: Adoption of the “The 2018 Suite of Codes and the 2019 Amendments to City Code, Title 4, Building Regulations." | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Adopt Resolution No. 2019-26
2) Read Ordinance No. 2019-16 by title only for the final time 3) City Clerk reads Ordinance No. 2019-16 by title only (if approved above) 4) Adopt Ordinance No 2019-16 |
|||||
Executive Summary: | |||||
The most recent building code adoption for the City of Flagstaff occurred in 2013 with the 2012 I-Codes and the 2009 IECC.The International Code Council (ICC), a developer and publisher of model codes, is on a 3-year update cycle. The City of Flagstaff has opted to adopt the International Codes, or I-Codes, every other cycle, which equates to every 6 years. The 2018 Suite of Building Codes is the next round in the 6 year cycle. These codes are identified as follows:
2018 International Building Code (IBC) |
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Financial Impact: | |||||
City Council's adoption of “The 2018 Suite of Codes and the 2019 Amendments to City Code, Title 4, Building Regulations” will not have a financial or budgetary impact on the organization. | |||||
Policy Impact: | |||||
There is no policy impact affiliated with the adoption of “The 2018 Suite of Codes and the 2019 Amendments to City Code, Title 4, Building Regulations”. | |||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
Council Goals Climate Change - Take meaningful climate change action. Code Compliance - Achieve comprehensive and equitable code compliance. Flagstaff Strategic Plan Foster a Resilient and Economically Prosperous City
Goal E.1. - Increase energy efficiency Goal E.2. - Expand production and use of renewable energy Policy LU.1.6. - Establish greater flexibility in development standards and processes to assist developers in overcoming challenges posed by redevelopment and infill sites Goal NH.4. - All housing is safe and sanitary Policy ED.4.2. - Promote variety and flexibility in land use and development options within the urban growth boundary. |
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Has There Been Previous Council Decision on This: | |||||
The current Suite of Building Codes was adopted by Council in 2013. The Council held a work session on May 14, 2019 to discuss the need for and provide direction on the adoption of “The 2018 Suite of Codes and the 2019 Amendments to City Code, Title 4, Building Regulations." These codes are now presented to the Council for review and adoption. | |||||
Options and Alternatives: | |||||
|
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Background and History: | |||||
A model building code is developed and maintained by a standards organization independent of the jurisdiction responsible for enacting the building code. A local government can choose to adopt a model building code as their own. This saves them the expense and trouble of developing their own codes. Model codes are intended to be adopted in accordance with the laws and procedures of a governmental jurisdiction. When adopting a model code, some jurisdictions amend the code in the process to reflect local practices and laws. Local codes are diverse in the extent to which the base model code is amended. Most local amendments are limited to administrative provisions, which are subject to change to meet other local regulations regarding implementation of ordinances. Engineering provisions are among the least amended, with a common reason for amendments related to unique site conditions that affect foundation design or applied wind and snow loads. The International Building Code and International Residential Code are generally considered more comprehensive codes while the rest are considered specialty codes. |
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Key Considerations: | |||||
The items that have been the most significant concerns with adoption of the “The 2018 Suite of Codes and the 2019 Amendments to City Code, Title 4, Building Regulations” include the following provisions:
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Community Benefits and Considerations: | |||||
None | |||||
Community Involvement: | |||||
The purpose of adopting the most up-to date codes is as follows:
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Expanded Options and Alternatives: | |||||
In conjunction with Coconino County, a series of 10 code training sessions on all of the codes was held, attracting 257 attendees. The target audience for public outreach included the design community, contractors, and any interested community members. Advertising for code update training sessions and public open houses was performed as follows:
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Attachments: | Res. 2019-26 | ||
Ord. 2019-16 | |||
Memo of Clarification | |||
Building Code Adoption Timeline | |||
Proposed 2019 Amendments | |||
2018 Proposed Amendment Summary | |||
Current Adopted Building Code Amendments | |||
2018 Building Code Adoption and Amendments Presentation | |||
Presentation |
8.K.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Consideration and Adoption of Resolution No. 2019-27 and Ordinance No. 2019-17: Declaring as a Public Record that certain document known as "The International Fire Code, 2018 Edition, and the 2019 Amendments to the Flagstaff City Code, Title 5, Fire Code" and adopting said public record by reference. | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Adopt Resolution No. 2019-27
2) Read Ordinance No. 2019 -17 by title only for the final time 3) City Clerk reads Ordinance No.2019-17 by title only (if approved above) 4) Adopt Ordinance No 2019-17 |
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Executive Summary: | |||||
The action of adopting this ordinance will enact the 2018 International Fire Code, and subsequent amendments to the Flagstaff City Code, Title 5, Fire Regulations. The purpose of this adoption is to keep our Flagstaff Fire Codes in compliance with previously adopted state legislation, as well as the adoption of local amendments. The effective date for the 2018 IFC to take effect on July 1,. 2019 with a grace period for plan submission using either Code until January 1, 2020. | |||||
Financial Impact: | |||||
There are no costs to the city associated with updating to a more contemporary version of the IFC. Plans review and construction inspections with updated standards will place some new demand on our fire inspectors, for a few months post adoption as they incorporate the new code. | |||||
Policy Impact: | |||||
No impacts on current policy | |||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
3) Provide sustainable and equitable public facilities, services, and infrastructure systems in an efficient and effective manner to serve all population areas and demographics Regional Plan
|
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Has There Been Previous Council Decision on This: | |||||
The 2012 International Fire Code (The model code presently in use) was amended and subsequently adopted by Ordinance No. 2016-20, adopted by City Council on October 6, 2016. A Discussion has been held at the May 14, 2019 Council work session. | |||||
Options and Alternatives: | |||||
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Background and History: | |||||
Adopting this ordinance will enact the 2018 International Fire Code, and the 2019 amendments to the Flagstaff City Code, Title 5: Fire Regulations and provide for their incorporation into city code. With Resolution No: 2019:-17 the City of Flagstaff Council has declared the 2018 International Fire Code (IFC) and the 2019 amendments to the Flagstaff City Code, Title 5 Fire Regulations (2019 Amendments) to be public record, one hard copy and one electronic copy of which is on file in the office of the city clerk. The Flagstaff Fire Department routinely updates its local Fire Code with a more contemporary model version. This update traditionally takes place every 6 years in accordance with the building departments model code update. The building department is presently using the 2018 International Building Code (IBC). Model codes such as the IFC and IBC are designed as minimum standards and local jurisdictions are encouraged to amend them locally to suit local conditions. Local amendments are proposed for the IFC. In the future, it is the intent of the Fire Department to match the fire code edition with the other ICC codes adopted by the City. The 2019 Amendments deal with changes in the model code that are of significant local importance. The changes to the model code specific to Flagstaff are as follows:
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Key Considerations: | |||||
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Community Involvement: | |||||
Over this past year The Building and Safety department and the Fire Department scheduled meetings with local general contractors as well as scheduled an open house with fire protection sub-contractors. The purpose of these meetings was to educate these stakeholders about the IFC adoption proposal and review significant updates from the 2012 IFC as well as amendments. Specific external interest groups included: Northern Arizona Homebuilders and service clubs. There was little to no negative feedback from these external interest groups only clarifications as to the code and updates, feedback seemed positive. The Fire Department has also met with various city divisions seeking input and offering our availability to meet and discuss the code adoption process. | |||||
Expanded Options and Alternatives: | |||||
Consult/Involve: Through our community outreach activities we have consulted and elicited feedback from those community members who are most effected by the code adoption. |
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Attachments: | Res. 2019-26 | ||
Ord. 2019-16 |
13.A.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Public Hearing, Consideration and Possible Adoption of Ordinance No. 2019-20: An ordinance amending the Flagstaff Zoning Map designation of approximately 14.51 acres of real property located at 825 and 829 E. Butler Avenue on parcel numbers 104-13-002B and 104-03-005B from Light Industrial (LI) and Heavy Industrial (HI) to 2.24 acres of Highway Commercial (HC) and 12.27 acres of High Density Residential (HR), for purposes of developing a multi-family residential and commercial project. (McGrath Partners Zoning Map Amendment request for property located at 825 and 829 E. Butler Avenue) |
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STAFF RECOMMENDED ACTION: | |||||
At the June 18, 2019 Council Meeting:
1) Hold the Public Hearing 2) Read Ordinance No. 2019-20 by title only for the first time 3) City Clerk reads Ordinance No. 2019-20 by title only (if approved above) At the July 2, 2019 Council Meeting: 4) Read Ordinance No. 2019-20 by title only for the final time 5) City Clerk reads Ordinance No. 2019-20 by title only (if approved above) 6) Adopt Ordinance No. 2019-20 |
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Executive Summary: | |||||
McGrath Real Estate Partners, LLC, is requesting a Direct to Ordinance Zoning Map Amendment to permit a development consisting of a minimum of 19,000 square feet of commercial space in conjunction with a 333-unit with 764-bedrooms multi-family project. The proposed north parcel located at the southeast corner of Butler Avenue and Sawmill Road will be 2.24 acres and will be zoned Highway Commercial (HC). The proposed south parcel will be 12.27 acres and will be zoned High-Density Residential (HR). Please see attached vicinity map for the general project location. The original version of this project was heard by the Flagstaff Planning & Zoning Commission to consider the Direct to Ordinance Zoning Map Amendment on January 9, 2019. The Planning & Zoning Commission voted unanimously by a vote of 5-0 in favor of forwarding a recommendation of approval of the Direct to Ordinance Zoning Map Amendment, subject to conditions, to the City Council. In February 2019, Council declined to read the rezone ordinance for the first time. On May 3, 2019, the applicant submitted a new revised Zoning Map Amendment application with a revised plan. Since the proposed unit number exceeded 300, the application required two new Planning & Zoning Commission public hearings which were held on May 22nd and May 29th, 2019. On May 29, 2019, the Commission voted 5-0 in favor of forwarding the application to the City Council with a recommendation of approval subject to conditions. |
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Financial Impact: | |||||
No financial impacts are anticipated with this request. | |||||
Policy Impact: | |||||
There are no policy impacts affiliated with this Direct to Zoning Map Amendment request. | |||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
Council Goals: Economic Development - Grow and strengthen a more equitable and resilient economy. Affordable Housing - Support development and increase the inventory of public and private affordable housing for renters and home-owners. Team Flagstaff Goals: Strategic Priority #3: Foster a resilient and economically prosperous city. Regional Plan: A complete analysis of the Regional Plan goals and policies can be found in the attached applicant narrative and in the staff report to the Planning & Zoning Commission. |
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Has There Been Previous Council Decision on This: | |||||
Council reviewed an earlier version of this application and declined to read the rezoning ordinance for the first time. | |||||
Options and Alternatives: | |||||
The City Council may approve the ordinance as proposed, approve the ordinance with modified conditions, or deny the ordinance. | |||||
Background and History: | |||||
The subject site is located between the Rio de Flag Business Park to the east and Aspen Place at the Sawmill subdivision to the west. The most recent use of the subject site was as an industrial rental property formerly known as Jeld-Wen of Arizona. According to the Historic Resource Study letter report conducted by Cornerstone Environmental in April 2018, the existing three buildings were constructed in the mid-1970s. The site has an approximate elevation of 6,860 feet and the local topography is generally flat with a gentle slope to the southeast toward Rio de Flag. There are Ponderosa pines in the northeast and southeast corners of the east parcel. On September 21, 2018, the Inter-Department Staff (IDS) approved a site plan, a copy of which is attached to this report, for the proposed development subject to successfully obtaining a Direct to Ordinance Zoning Map Amendment (rezoning). Since Council declined to read the rezoning ordinance, the original site plan is not approved. On May 3, 2019, the applicant submitted a new revised application and site plan (attached). The Inter-Division Staff reviewed the revised application on May 9, 2019, and conditionally accepted the application as complete. An official Site Plan Minor Modification application will need to be reviewed and approved following approval of this rezoning request. |
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Key Considerations: | |||||
The commercial parcel will consist of retail, service and/or office uses. Site access will be from a right-in/right-out only driveway on Butler Ave. and a driveway on Sawmill Rd. The commercial portion of this rezoning is conceptual in nature but must meet several requirements as outlined in the Development Agreement in order to comply with the Urban Activity Center as defined in the Regional Plan. This includes a minimum of 19,000 square feet of commercial space and a minimum building height of 32 feet, in order to have the appearance of a two-story building. If there are drive-through related uses, the Development Agreement limits the number and placement of any drive-through lanes. The commercial buildings are currently proposed as single-story structures. The current concept plan for this parcel includes two buildings which total 22,300 square feet and cover approximately 23 percent of the parcel (0.23 FAR). The Highway Commercial zone allows a Floor Area Ratio (FAR) of 3.0. A surface lot will provide approximately 99 parking spaces. Development on the commercial parcel will be required to complete Site Plan review and approval prior to submitting for civil plan or building plan review. The two five-story multi-family buildings and six 2-story townhome-style apartments will include 333 units, ranging from efficiency and studio to four-bedroom units. The residential project will include an integral clubhouse and leasing facility as well as a fitness center. A 2,000 square foot flex building, which will be open to both residents and the public, has been added to the revised site plan. Site access will be provided from two driveways on Sawmill Rd. Approximately 401 surface parking spaces and 318 structured parking spaces, including 16 ADA accessible parking stalls, will be provided along with secure, indoor bike parking areas and exterior bike racks. The two buildings face one another and border an east/west Main Street which is aligned with Kensington Dr. to the west. A pedestrian bridge over the Main Street connects the two buildings at the third-floor level. Each building layout defines outdoor courtyards that will be used as tenant recreation areas. The HR zone permits a maximum building height of 60 feet or 65 feet for areas of pitched roofs (greater than 6:12). The highest ridgeline of the buildings will be 65 feet with a few tower elements that approach 67 feet which are permitted by section 10-50.30.030 of the Zoning Code. The residential project meets both open space and civic space for the HR zone. The minimum density requirement in the HR zone is 10 units per acre and the maximum density allowed is 29 units per acre (outside the Resource Protection Overlay). The proposed residential gross density for this project is approximately 27 units per acre based on the overall residential site of 12.27 acres. The site plan includes a new six-foot wide sidewalk along Butler Avenue and new five-foot wide sidewalk along Sawmill Road frontages to accommodate pedestrian trips while existing bike lanes and four near-by transit stops will accommodate other alternative travel mode demands. The FUTS trail connection through the south end of the property provides additional pedestrian and bike connectivity. To help mitigate the anticipated traffic impacts from this development, the City is requiring the developer to contribute $200,000 towards the cost of improvements to the Lone Tree Rd. corridor. In addition, based on City warrants and turn volume estimates, the site’s Butler Avenue driveway will require a right-turn deceleration lane. The developer of this proposed project will be contributing to affordable housing by setting aside 10% of the units for income-qualified individuals and providing $500,000 to the city's Housing Section for the purpose of providing affordable housing to the Flagstaff community. For all development agreement points, refer to the attached Development Agreement. If the rezoning request is approved and the 14.51-acre site is rezoned to Highway Commercial (HC) and High-Density Residential (HR), the proposed commercial project and multi-family residential project will be considered permitted uses in each zone. |
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Community Benefits and Considerations: | |||||
None | |||||
Community Involvement: | |||||
Community benefits and considerations related to this request are addressed in more detail in the attached Planning & Zoning Commission Staff Report dated May 7, 2019. | |||||
Expanded Options and Alternatives: | |||||
Public hearings before the Planning and Zoning Commission and City Council are conducted in conjunction with requests for Direct to Ordinance Zoning Map Amendments. In accordance with State Statute, notice of the public hearing was provided by placing an ad in the Daily Sun, posting notices on the property, and mailing a notice to all property owners within 1,000 feet (exceeding the minimum of 300 feet) of the site excluding rights-of-way. For the revised application, the applicant was required to hold a new neighborhood meeting prior to the Planning & Zoning Commission meetings. The meeting was held on May 16, 2019, at the Aquaplex. The results of the meeting are included with the attached Citizen Participation Report. All of the meetings included an open house period, followed by presentations from the applicant and a question and answer session with scribes recording questions and comments. Comments on the project included the following topics: change of industrial zoning, reason for the Butler driveway design change, increased traffic, retail pad, change in unit mix, pet friendly question, building heights, preserving some of the existing trees, wildlife concerns, parking garage design, affordability, and appreciation of the responsiveness by the developer to the citizen concerns. With the revised application, as of this writing, staff has received one phone call on May 28th. This individual had questions on the revised project, objected to the proposed multi-family use and height of the project, but complimented the proposed flex building which will be open to the public. At the May 22nd Planning & Zoning Commission meeting, one resident expressed concerns about traffic, removal of trees and the lack of need for student housing or commercial space. A second speaker expressed general concern about student housing. At the May 29th Planning & Zoning Commission meeting, the same two speakers voiced additional concerns about winter ice and maintenance, training for residents on recycling, the desire to incorporate small park/green spaces into the development, and concerns for deer that currently move through the site from the Rio de Flag corridor and across Butler Avenue. |
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Attachments: | Presentation | ||
Vicinity Map | |||
Application | |||
New Legal Notice | |||
Ord. 2019-20 | |||
Planning & Zoning ZMA Staff Report 5/7/19 | |||
Comparison of Zoning Categories | |||
Applicant's Project Narrative | |||
Citizen Participation Plan Report May 2019 | |||
3rd Nbrhd Mtg Summary May 2019 | |||
Site Plan Approval Letter | |||
Site Plan Conditions of Approval | |||
Approved Site Plan | |||
Preliminary Landscape Plan | |||
Revised Site Plan May 2019 | |||
Residential Architectural Plans | |||
Conceptual Retail Anchor Elevations | |||
Conceptual Retail Shops Elevation | |||
Letter Rec'd from Public | |||
Updated Development Agreement | |||
Exhibit A Legal Description | |||
Exhibit B_Site Plan & Elev | |||
Exhibit C_Concept Plan Commercial Property | |||
Exhibit D Phasing Plan | |||
Exhibit E, Revised Affordability Plan | |||
Exhibit F Zoning Ordin. |
13.B.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||
Public Hearing, Consideration and Possible Adoption of Ordinance No. 2019-21: An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 16.11 acres of real property located at 3401 S Lake Mary Road, from Estate Residential ("ER") and Rural Residential ("RR") to Medium Density Residential ("MR"); (Aura Flagstaff) | |||||
STAFF RECOMMENDED ACTION: | |||||
Staff recommends the City Council, in accordance with the findings presented by staff, deny the requested Direct to Ordinance Zoning Map Amendment Application for Aura Flagstaff (PZ-17-00218-03) and take the following action:
At the June 18, 2019 Council Meeting:
1) Hold Public Hearing 2) Deny the requested Direct to Ordinance Zoning Map Amendment Application for Aura Flagstaff (PZ-17-00218-03) If the City Council believes that the proposed zoning map amendment does meet the required findings, then staff recommends the following action:
At the June 18, 2019 Council Meeting:
1) Hold Public Hearing 2) Read Ordinance No. 2019-21 by title only for the first time 3) City Clerk reads Ordinance No. 2019-21 by title only (if approved above) At the July 2, 2019 Council Meeting: 4) Read Ordinance No. 2019-21 by title only for the final time 5) City Clerk reads Ordinance No. 2019-21 by title only (if approved above) 6) Adopt Ordinance No. 2019-21 |
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Executive Summary: | |||||
A Direct to Ordinance Zoning Map Amendment application from Trinsic Acquisition Company LLC for approximately 16.11 acres at 3401 S Lake Mary Road from Estate Residential ("ER") and Rural Residential ("RR") to Medium Density Residential ("MR") for the purpose of developing a multi-family residential development. Please refer to the attached vicinity map. The Flagstaff Planning and Zoning Commission voted (6-0) to forward the request with a recommendation of denial. |
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Financial Impact: | |||||
The Direct to Ordinance Zoning Map Amendment has no financial impact. | |||||
Policy Impact: | |||||
The Direct to Ordinance Zoning Map Amendment has no policy impact. | |||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
Council Goals: Support development and increase the inventory of public and private affordable housing for renters and home-owners throughout the community. Regional Plan: A complete analysis of the Regional Plan goals and policies are included in the attached Planning and Zoning Commission staff report. Team Flagstaff Strategic Plan: Strategic Priority #4: Work in partnership to enhance a safe and livable community. |
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Has There Been Previous Council Decision on This: | |||||
There has not been previous Council decision on this item. | |||||
Options and Alternatives: | |||||
The City Council may approve the application as proposed, approve the application with modified conditions, or deny the application. Adoption of Ordinance 2019-21 will have the effect of approving the rezoning application, subject to conditions listed in the Ordinance. |
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Background and History: | |||||
The development site to be rezoned is approximately 16.11 acres comprised of four parcels located just west of the intersection of High Country Trail and Lake Mary Road. The property is a portion of the Auza Family Ranch, historically used for livestock herding between Arizona, Colorado, and California, since before Flagstaff was incorporated. The Auza property has been impacted by the construction of Interstate 17 at the north end of the property, the bisection of the property by West High Country Trail, and an electrical utility easement for the high voltage electrical transmission lines along the south side of West High Country Trail. The Auzas would like to maintain the existing single-family house constructed in the 1980’s and located on the north side of West High Country Trail. This Direct to Ordinance Zoning Map amendment proposes to rezone all 16.11 acres, from Estate Residential (ER) and Rural Residential (RR) to Medium Density Residential (MR) and concentrate the density on the southern portion of the property. The electrical utility easement running along the south side of West High Country Trail prohibits any structures from being constructed near the street. This pushes the proposed development to the far southern portion of the property, adjacent to the existing single-family residential neighborhood. |
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Key Considerations: | |||||
Staff cannot recommend approval of this project as it does not meet the required findings. Although the project meets the minimum standards set forth in the Zoning Code, the project has limited benefit for the community as a whole. The project clusters development to concentrate the density at the southern portion of the site and preserve the land to the north for the benefit of a single private property owner. The concentration of density results in a development that will have an impact of 19 units per acre on the adjacent neighborhoods. The project does not work with the existing topography of the site, but rather heavily grades the site. As a result, a majority of the trees located on the southern portion of the development are proposed to be removed. The project must rely on the property north of High Country Trail to achieve the required tree resource protection. Typically projects which concentrate density in one area do so to provide additional quality open space for use by the community. The undeveloped portion of the development will remain as private property for the sole use of the Auza family. | |||||
Community Involvement: | |||||
Community benefits and considerations related to this request are addressed in more detail in the attached Planning and Zoning Commission Staff Report, dated April 9, 2019. Staff has concluded that this application does not add to the public good and is detrimental to the public interest. While the provision of affordable housing is in the public interest and adds to the public good, it is not outweighed by the other negative impacts to the community identified in this report. | |||||
Expanded Options and Alternatives: | |||||
Public hearings before the Planning and Zoning Commission and City Council are conducted in conjunction with requests for Direct to Ordinance Zoning Map Amendments. In accordance with State Statute, a notice of the public hearing was provided by placing an ad in the Daily Sun, posting notices on the property, and mailing a notice to all property owners within 1,000 feet (exceeding the minimum of 300 feet) of the site excluding rights-of-way. The developer held two neighborhood meetings in regards to this case on October 18, 2018, and March 4, 2019. The first meeting was held at the Flagstaff Aquaplex, located at 1702 North Fourth Street in Flagstaff. The second meeting was held at Ashurst Hall, located at 624 Knoles Drive on the NAU campus in Flagstaff. Per the sign-in sheets, thirty-eight (38) individuals attended the first meeting and sixteen (16) individuals attended the second meeting. A Citizen Participation Report, attached, was prepared in response to the questions, comments, and concerns presented. The meetings included an open house period, followed by presentations from the developer and a question and answer session. Comments on the project included the following topics: traffic impacts, tree resources, site grading adjacent to properties along the south property line, and the proposed density of the development. Three emails and five letters from the public has been received as of the writing of the report. The three emails and four of the letters are from neighbors opposed to the development. One of the letters is from the president of the Ponderosa Trails HOA informing staff that a poll of the property owners was conducted and resulted in 87% of respondents opposing the rezoning, 9% in favor, and 3% did not have an opinion either way. Copies of the correspondence are attached. At the Planning and Zoning Hearing, eleven members of the public spoke against the proposed project for the following reasons: density, traffic, family neighborhood not college students, crime, doesn’t meet regional plan and zoning code, too much housing, not a good use of property, trees, and displacement of animals. Shirley Auza, resident, spoke in support of the proposed project and believes it to be compatible with the neighborhood. |
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Attachments: | Ord. 2019-21 | ||
Application for Zoning Map Amendment | |||
Aerial Parcel Map | |||
Context Map | |||
Area Context Map | |||
Regional Plan Goals and Policies | |||
Staff Report | |||
Public Notice Ad | |||
Sign Posting | |||
Neighbor Notification | |||
Map and Legal Descriptions | |||
Applicant Narrative | |||
Traffic Impact Statement | |||
Water Sewer Impact Analysis | |||
Citizen Participation Report | |||
Community Comments | |||
Development Agreement | |||
Affordability Plan | |||
Arch Site Plans | |||
Building Floor Plans | |||
3-story Building Elevations | |||
Building Elevations | |||
Civil Plans | |||
Presentation |
13.C.
| |||||||||||
CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
|
TITLE: | |||||||||||||||||||||||||||
Public Hearing: "Truth in Taxation", FY 2019-2020 Budget and Property Tax Levy (combined). | |||||||||||||||||||||||||||
STAFF RECOMMENDED ACTION: | |||||||||||||||||||||||||||
1) Open the public hearing
2) Receive citizen input 3) Close the public hearing 4) Convene Special Meeting |
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Executive Summary: | |||||||||||||||||||||||||||
This combined public hearing is being held to comply with law. Arizona "Truth in Taxation" laws require a public hearing on a proposed primary property tax increase, A.R.S. Section 42-17107. Arizona budget laws require a public hearing on the proposed final budget and property tax levy, A.R.S. Section 42-17104. | |||||||||||||||||||||||||||
Financial Impact: | |||||||||||||||||||||||||||
Upon adopting the final FY 2019-2020 Budget, the City may commit and spend funds for community needs as described in the budget. The budget is funded through numerous revenue sources, including property tax. The FY 2018-2019 primary property tax levy was $6,707,510. The City is proposing a 2.0% increase or $133,675 on existing property. The total levy related to new construction is $49,682 for a total levy of $6,892,243 in FY 2019-2020. The primary property tax rate to support this levy is $0.7933 per $100 of assessed valuation. The FY 2018-2019 secondary property tax rate was to generate revenues of $6,733,265. The City is proposing to keep the same tax rate (also referred to as a "flat tax rate") for secondary property taxes for FY 2019-2020 for a total levy of $7,268,436 on existing properties and new construction. The proposed secondary property tax rate is $0.8366 per $100 of assessed valuation (same as last FY). |
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Policy Impact: | |||||||||||||||||||||||||||
The FY 2019-2020 Budget is the financial plan of the City for the upcoming fiscal year. | |||||||||||||||||||||||||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||||||||||||||||||||||||
Economic Development Affordable Housing Social Justice Transportation and Other Public Infrastructure Building and Zoning/Regional Plan Climate Change Water Conservation Environmental and Natural Resources Personnel Community Outreach Town & Gown Code Compliance |
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Has There Been Previous Council Decision on This: | |||||||||||||||||||||||||||
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Options and Alternatives: | |||||||||||||||||||||||||||
1. Conduct the public hearing 2. Delay the public hearing |
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Background and History: | |||||||||||||||||||||||||||
"Truth in Taxation" procedures: The Arizona "Truth in Taxation" laws require that the county assessor, on or before February 10, transmit to each city and town an estimate of the total net assessed valuation of the city, including new property added to the tax roll. If the proposed primary tax levy amount, excluding amounts attributable to new construction, is greater than the levy amount in the previous year, the City must provide notice and a public hearing of the proposed increase, along with other taxation requirements. It is important to note that it is the levy amount and not the rate which triggers the Truth in Taxation procedures. The City is following the "Truth in Taxation" procedures. The City has published a notice in the Arizona Daily Sun on June 1, 2019, and June 9, 2019. We have also issued a press release concerning the increase. Budget adoption: The budget was presented for tentative adoption on June 4, 2019. The tentative adoption established the maximum appropriation for the City for the FY 2019-2020 budget year. The budget legal schedules were published in the Arizona Daily Sun on June 7, 2019, and June 14, 2019. Property tax levy: Primary property taxes are accumulated in the General Fund and pay for general services which include but are not limited to public safety, parks and recreation, other public work services, and general administrative and management functions within the City. Secondary property taxes support debt service payments on numerous city capital projects including the Aquaplex, fire stations, open space, street/utility projects, forest restoration, the core services facility and courthouse. The current and proposed property tax rates are shown in the "Expanded Financial Consideration" section below. |
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Key Considerations: | |||||||||||||||||||||||||||
The adoption of the tentative budget set forth into motion a legally mandated time sequence of actions of which the Council must adhere to adopt a final budget and to levy property taxes. If this time sequence is not met as required by statute, the tentative budget adoption, the final budget adoption, the property tax levy actions, and related publications must be started over. The final budget adoption must occur after a public hearing and Council must convene into a Special Meeting to adopt the final budget. The budget must be adopted by the third week of July. The County will adopt the property tax levy the first week of August. The key dates in the process have been presented as part of the action summary. June 4, 2019 Tentative adoption of the budget by Council
June 18, 2019 Truth in Taxation, proposed budget and property tax levy public hearing June 18, 2019 Final budget adoption (done in a Special meeting) June 18, 2019 Primary property tax level approved by roll call vote June 18, 2019 First reading property tax ordinance July 2, 2019 Final reading and adoption of the property tax ordinance |
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Community Benefits and Considerations: | |||||||||||||||||||||||||||
The City's proposed primary property tax levy in FY 2019-2020 equals the maximum allowable levy under state law. The maximum allowable primary property revenue under state law for FY 2019-2020 is $6,892243. The primary property tax rate will decrease from $0.8334 in FY 2018-2019 to $0.7933 in FY 2019-2020 due to a total valuation of all existing properties which are increasing 7.2% offset by the 2.0% increase in the levy amount. Five years of historical data is shown below:
The final budget adoption allows the City to commit and expend resources as determined to be needed through the FY2019-2020 budget process. There have been no changes in the final budget recommended for adoption from that presented as the tentative budget. The recommended City of Flagstaff appropriation for FY2019-2020 is $338,853,866
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Community Involvement: | |||||||||||||||||||||||||||
The budget process has allowed for public participation which is vital for the City Council in determining the current year goals and objectives. The budget translates the community's goals and objectives as determined by the City Council into fiscal reality. Timely budget adoption allows the City to commit expenditures as related to the FY 2019-2020 Budget as needed for ongoing operational consistency to the citizenry. The FY 2019-2020 Budget is balanced. | |||||||||||||||||||||||||||
Expanded Options and Alternatives: | |||||||||||||||||||||||||||
Inform/Involve: This is the public hearing in the budget adoption process and it is open to public comment on the property tax levy and the final budget adoption. Budget legal schedules were published in the June 7, 2019, and June 14, 2019, Arizona Daily Sun to allow for additional community review. In addition, the legal and other budget schedules were made available at City Hall, at both Flagstaff Public Libraries, and on the official city website. The final opportunity for community involvement for budget adoption is at this public meeting. The notice for a proposed change to primary property tax was posted on the City website on April 1, 2019. The Truth in Taxation notice was published in the Arizona Daily Sun on June 1, 2019, and June 9, 2019. The final opportunity for public input to the tax levy will be at the July 2, 2019, Council Meeting. | |||||||||||||||||||||||||||
Attachments: | Presentation |
13.D.i.
| |||||||||||||
CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
|
TITLE: | |||||
Consideration and Adoption of Resolution No. 2019-25: A resolution of the Council of the City of Flagstaff, Arizona, adopting the Budget for the Fiscal Year 2019-2020 | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Resolution No. 2019-25 by title only
2) City Clerk reads Resolution No. 2019-25 by title only (if approved above) 3) Adopt Resolution No. 2019-25 4) Adjourn Special Meeting and reconvene Regular Meeting |
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Executive Summary: | |||||
Each municipality is required to adopt a budget as prescribed by A.R.S. Title 42, Chapter 17, Articles 1 through 5. As published in the tentative adoption of the budget, the final budget is to be adopted on June 18, 2019 (during a Special Meeting), and following a public hearing to receive citizen comments. | |||||
Financial Impact: | |||||
The final budget adoption allows the City to commit and spend funds for community needs as described in the FY 2019- 2020 Budget. | |||||
Policy Impact: | |||||
The FY 2019- 2020 budget is the financial plan of the City for the upcoming fiscal year. | |||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
Economic Development Affordable Housing Social Justice Transportation and Other Public Infrastructure Building and Zoning/Regional Plan Climate Change Water Conservation Environmental and Natural Resources Personnel Community Outreach Town & Gown Code Compliance |
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Has There Been Previous Council Decision on This: | |||||
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Options and Alternatives: | |||||
As the City adopted the tentative budget on June 4, 2019, the maximum appropriation for FY 2019-2020 has been set. The Council could choose to make adjustments within that maximum appropriation or make reductions in the maximum appropriation. | |||||
Background and History: | |||||
The budget was presented for tentative adoption on June 4, 2019. The tentative adoption established the maximum appropriation for the City for FY 2019-2020. The budget legal schedules were published in the Arizona Daily Sun on June 7, 2019 and June 14, 2019. | |||||
Key Considerations: | |||||
The adoption of the tentative budget set forth into motion a legally mandated time sequence of actions of which the Council must adhere to adopt a final budget. If this time sequence is not met as required by statute, the tentative budget adoption, final budget adoption and related publications must be started over. The final budget adoption must occur after a public hearing and Council must convene into a Special Meeting to adopt the final budget. The budget must be adopted by the third week of July. June 4, 2019 Tentative adoption of budget by Council
June 18, 2019 Public hearing on "Truth in Taxation", FY 2019-2020 Budget and Property Tax Levy June 18, 2019 Final budget adoption (done in a Special meeting) |
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Community Involvement: | |||||
The budget process has allowed for public participation which is vital for the City Council in determining the current year goals and objectives. The budget assists in translating the community's goals and objectives as determined by City Council into fiscal reality. Timely budget adoption allows the City to commit expenditures as related to the FY 2019 - 2020 Budget as needed for ongoing operational consistency to the citizenry. The FY 2019 - 2020 Budget is balanced. | |||||
Expanded Options and Alternatives: | |||||
Inform/Involve: Earlier this evening there was a public hearing to receive any last public comments prior to final budget adoption. Budget legal schedules were published in the June 7, 2019 and June 14, 2019 Arizona Daily Sun to allow for community review. In addition, the legal and other budget schedules were made available at City Hall, at both Flagstaff Public Libraries, and on the official city website. | |||||
Attachments: | Res. 2019-25 | ||
Legal Budget Schedules |
14.A.
| |||||||||||||
CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||||||||||||||||||||||||
Approve a Primary Property Tax Levy: of $6,892,243 in FY 2019-2020 (a 2.0% increase in levy from FY 2018-2019 plus amounts attributable to new construction) by roll call vote. AND Consideration and Adoption of Ordinance No. 2019-15: An ordinance levying upon the assessed valuation of the property within the City of Flagstaff, Arizona, subject to taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the Annual Budget, less the amount estimated to be received from other sources of revenue; providing funds for various bond redemptions, for the purpose of paying interest upon bonded indebtedness and providing funds for general municipal expenses, all for the Fiscal Year ending the 30th day of June, 2020. (Primary and secondary property tax levies for FY 2019-2020) |
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STAFF RECOMMENDED ACTION: | |||||||||||||||||||||||||||
1. ROLL CALL VOTE:
Approve the proposed increase in the primary property taxes by roll call vote as required by "Truth in Taxation" legislation. 2. ORDINANCE: At the June 18, 2019 Council Meeting: 1) Read Ordinance No. 2019-15 by title only for the first time 2) City Clerk reads Ordinance No. 2019-15 by title only (if approved above) At the July 2, 2019 Council Meeting: 3) Read Ordinance No. 2019-15 by title only for the final time 4) City Clerk reads Ordinance No. 2019-15 by title only (if approved above) 5) Adopt Ordinance No. 2019-15 |
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Executive Summary: | |||||||||||||||||||||||||||
The City Council is required to consider a motion to levy increased primary property taxes over the preceding year's tax levy, by roll call vote, per A.R.S. Section 42-17107 The City Council is required to fix and levy the amount to be raised from property taxation after the adoption of the final budget, per A.R.S. Section 42-17151. The final budget is anticipated to be adopted on June 18, 2019. |
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Financial Impact: | |||||||||||||||||||||||||||
The City is proposing a 2.0% increase in primary property tax levy ($133,675) for a total levy of $6,842,561 on existing properties, plus levy of $49,682 on new construction, for an overall total primary property tax levy in FY 2019-2020 of $6,892,243. The primary property tax rate to support this levy is $0.7933 per $100 of assessed valuation. The proposed primary property tax levy equals the maximum allowable primary property tax levy for FY 2019-2020 of $6,892,243. The City is proposing a "flat" tax rate for secondary property taxes for FY 2019-2020 for a total levy of $7,268,436 on existing properties and new construction. The proposed secondary property tax rate is $0.8366 per $100 of assessed valuation (same as last FY). |
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Policy Impact: | |||||||||||||||||||||||||||
Adoption of the proposed property tax levies will generate revenues to help fund the community needs as identified in the FY 2019-2020 Final Budget and policies reflected therein. | |||||||||||||||||||||||||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||||||||||||||||||||||||
Economic Development Affordable Housing Social Justice Transportation and Other Public Infrastructure Building and Zoning/Regional Plan Climate Change Water Conservation Environmental and Natural Resources Personnel Community Outreach Town & Gown Code Compliance |
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Has There Been Previous Council Decision on This: | |||||||||||||||||||||||||||
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Options and Alternatives: | |||||||||||||||||||||||||||
1) Adopt the primary and secondary property tax rates as proposed. 2) Adopt the secondary property tax rate at something greater than proposed above. 3) Adopt primary and secondary property tax rates at something less than proposed. |
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Background and History: | |||||||||||||||||||||||||||
Both the State Constitution and State law specify a property tax levy limitation system. This system consists of two levies, a limited levy known as the primary property tax levy and an unlimited levy referred to as the secondary property tax levy. The primary levy may be imposed for all purposes, while the secondary levy in cities and towns may only be used to retire the principal and interest or redemption charges on general obligation bonded indebtedness. Every year, the "Truth in Taxation" legislation requires that the county assessor, on or before February 10, transmit to each city and town an estimate of the total net assessed valuation of the city, including new property added to the tax roll. If the proposed primary tax levy amount, excluding amounts attributable to new construction, is greater than the levy amount in the previous year, the city must follow the "Truth in Taxation" procedures. It is important to note that it is the levy amount and not the rate which triggers the "Truth in Taxation" procedures. The proposed 2.0% increase in the primary property tax levy does trigger "Truth in Taxation" requirements. The City has the ability to increase the amount received from the primary property tax levy by a maximum of 2% each year excluding new construction. The maximum allowable increase for FY 2019-2020 is 2.0%. FY 2019-2020 proposed primary property tax levy is set at the maximum allowable ($6,892,243). The adoption of the property tax levy is the final step in the entire budget approval process. |
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Key Considerations: | |||||||||||||||||||||||||||
The key dates for budget and property tax levy adoption have been determined and have been followed throughout this process. The County adopts the property tax levy as proposed by the City on or about August 1, 2019. | |||||||||||||||||||||||||||
Community Benefits and Considerations: | |||||||||||||||||||||||||||
The City is budgeting primary property tax revenues of $6,785,000 in FY 2019-2020. This budgeted amount is less than the levy amount, because the City is allowing for approximately 1.5% in bad debt (taxes not able to be collected). The City anticipates an overall 3% increase in primary property tax revenues in FY 2019-2020, due to the 2% increase in the primary property tax levy, plus a 1% increase due to new construction (properties added to tax roll). Primary property tax revenues may be used for any general purpose use of the City government. Statutorily, the maximum allowable primary property levy for FY 2019-2020 is $6,892,243 which is the amount being proposed. The City has budgeted a total of $7,268,436 in FY 2019-2020 secondary property tax, an approximate 8% increase over the FY 2018-2019 budget ($6,733,265). The increase is directly related to the increased assessed valuation (increase in property values) and new construction. Secondary property tax funds general obligation debt and City general obligation debt is issued to manage within the levy. Five years of historical data is shown below:
Primary property taxes account for 10% of the General Fund revenues budgeted for FY 2019-2020. |
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Community Involvement: | |||||||||||||||||||||||||||
Primary property taxes help support a number of City services including public safety, parks and recreation, other public works services, and general administrative and management functions within the City. Secondary property taxes support the debt service payment on numerous city capital projects including: Aquaplex, Fire Stations, Open Space, numerous street/utility projects, Forest Restoration, Core Services Facility and the future Courthouse. |
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Expanded Options and Alternatives: | |||||||||||||||||||||||||||
Inform & Involve: The notice for proposed changes to primary property tax was posted on the City website on April 1, 2019. The "Truth in Taxation" notice was published in the Arizona Daily Sun on June 1, 2019, and June 9, 2019. Budget legal schedules were published in the June 7, 2019, and June 14, 2019, Arizona Daily Sun to allow for additional community review. In addition, the legal and other budget schedules were made available at City Hall, at both Flagstaff Public Libraries, and on the official city website. A public hearing on June 18, 2019, for "Truth in Taxation", the final budget adoption and the property tax levy is open for public comment and allows citizens to provide input. The final opportunity for public input on the tax levy will be at the July 2, 2019, Council Meeting. | |||||||||||||||||||||||||||
Attachments: | Ord. 2019-15 |
14.B.
| |||||||||||||
CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Consideration and Adoption of Ordinance No. 2019-13: An ordinance of the City Council of the City of Flagstaff, Arizona, amending Flagstaff City Code, Title 3, Business Regulations, Chapter 3-05, Privilege and Excise Taxes, Division 3-5-006, Use Tax, by increasing the use tax rate from 1% to 2.281%; providing for penalties, repeal of conflicting ordinances, severability, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | |||||
At the June 18, 2019 Council Meeting:
1) Read Ordinance No. 2019-13 by title only for the first time 2) City Clerk reads Ordinance No. 2019-13 by title only (if approved above) At the July 2, 2019 Council Meeting: 3) Hold Public Hearing 4) Read Ordinance No. 2019-13 by title only for the final time 5) City Clerk reads Ordinance No. 2019-13 by title only (if approved above) 6) Adopt Ordinance No. 2019-13 |
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Executive Summary: | |||||
In April 2019 during the Budget Retreat, Council proposed an increase the local use tax rate from 1% to 2.281% for the purpose of raising revenue to help pay for expenses of the City, including its unfunded liability for police and fire pension plans. If adopted, Ordinance No. 2019-13 will increase the use tax rate to 2.281%. |
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Financial Impact: | |||||
The proposed use tax rate increase from 1% to 2.281% (rate increase of 1.281%) is projected to generate revenues of approximately $900,000 annually, increasing current revenues of $700,000 to approximately $1.6 million annually. | |||||
Policy Impact: | |||||
None. | |||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
Regional Plan: Team Flagstaff Strategic Plan - 2018: Strategic priority #3: Foster a resilient and economically prosperous city Enhance the organization’s fiscal stability and resourcefulness. Deliver outstanding services through a healthy environment, resources and infrastructure. |
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Previous Council Decision on This: | |||||
Yes: Council discussed a possible use tax rate increase multiple times at public meetings during the FY20 Budget Retreat. Council adopted Ordinance No. 2014-16 establishing a 1% use tax rate. Discussions were held on July 1, 2014 (first reading), and July 5, 2014 (adoption). |
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Options and Alternatives: | |||||
1. Adopt the proposed use tax rate increase effective August 2019. 2. Do not adopt the proposed use tax rate increase, and direct staff to make budget adjustments. |
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Background and History: | |||||
Pursuant to A.R.S. § 42-6001 et seq, the City Council has authority to levy local transaction privilege tax ("sales tax"), use, excise, and similar taxes. Any local sales tax is subject to approval by a majority of the qualified electors voting in the regularly scheduled general election, per City Charter, Article VI, Section 2(b). A use tax does not require voter approval. The City and other Arizona cities and towns have adopted, the Model City Tax Code ("MCTC"), a uniform tax code that includes several options for the imposition of a local transaction privilege tax, use tax, and some exemptions. The MCTC is updated on a regular basis to comply with changes in the law. Each city has the right to set its own tax rates. A copy of all MCTC options is located on the Arizona Department of Revenue website, modelcitytaxcode.az.gov/ The City of Flagstaff's adopted version of the MCTC is reflected in Chapter 3-05 of the City Code and can be accessed on the City website, www.codepublishing.com/AZ/Flagstaff/. The local sales tax applies to gross income on the privilege of engaging in taxable business activities in the CIty. This is a tax on certain business activities. Although the tax may be passed through to the customer, the business is responsible for paying the tax to ADOR. The City's base local sales tax rate will be 2.281%, effective July 1, 2019, and there is an additional voter-approved 2% levied on the restaurant/bar and the hotel/motel (transient lodging) classifications ("BBB Tax"). The local use tax is a tax on storage or use of tangible personal property in the City. The use tax is similar to the local sales tax but is an "affiliated excise tax." A use tax is typically imposed in the situation where a person has purchased tangible personal property outside the City, has not paid a comparable sales tax, and then uses, stores, or consumes the item within the City. The City will not collect a use tax from anyone who has already paid an equivalent local sales tax. In many cases, a use tax helps create a level playing field for Flagstaff businesses competing with businesses in jurisdictions that charge a lower sales tax or no sales tax. For example, if a car is purchased in Oregon (no sales tax), and moves to Flagstaff, the owner will need to pay the local use tax on the car. |
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Key Considerations: | |||||
The proposed local use tax rate increase will help generate additional revenues to pay expenses of the City, including its unfunded liability for police and fire pension plans. | |||||
Community Benefits and Considerations: | |||||
City Council passed Ordinance No. 2014-16, imposing a 1% use tax on July 15, 2014, and began receiving revenue in November 2014. The use tax generates approximately $700,000 annually and the rate increase will increase revenues to approximately $1,600,000 for the fiscal year 2020. The City budget includes an expense line item in the Police and Fire Departments' to provide for an additional $900,000 contribution, $450,000 each, to the Public Safety Personnel Retirement System plans. If approved, staff will make this estimated payment and the amount will true up to actual increased revenues received at the end of the fiscal year. |
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Community Involvement: | |||||
Team Flagstaff Strategic priority #4: Work in partnership to enhance a safe and livable community
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Expanded Options and Alternatives: | |||||
At the July 2, 2019, Council Meeting there will be a public hearing on the proposed use tax rate increase. Notice of the proposed use tax rate increase and the public hearing was posted on the City website on May 2, 2019 (at least 60 days prior to proposed adoption). This Notice was published on June 6, 7, 8, 9 in the local daily newspaper, the Arizona Daily Sun (at least 15 days prior to the public hearing). City staff is endeavoring to provide outreach to the business community prior to the public hearing. |
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Attachments: | Ord. 2019-13 | ||
Presentation |
14.C.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Adoption of Ordinance No. 2019-24: An ordinance prohibiting the sale of tobacco products to persons under the age of 21. | |||||
STAFF RECOMMENDED ACTION: | |||||
At the June 18, 2019 Council Meeting:
1) Read Ordinance No. 2019-24 by title only for the first time 2) City Clerk reads Ordinance No. 2019-24 by title only (if approved above) At the July 2, 2019 Council Meeting: 3) Read Ordinance No. 2019-24 by title only for the final time 4) City Clerk reads Ordinance No. 2019-24 by title only (if approved above) 5) Adopt Ordinance No. 2019-24 |
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Executive Summary: | |||||
The City Council expressed the desire to further protect the health of the residents of the City of Flagstaff by prohibiting the sale of tobacco products, including e-cigarettes and other similar devices, to persons who are under the age of 21. In addition, the Coconino Anti-Tobacco Students (CATS) have addressed the Flagstaff City Council on several occasions requesting that the City Council adopt an ordinance prohibiting the sale of tobacco to anyone under 21 years of age. Many of the students have individually addressed the City Council sharing personal experiences of suffering and loss of loved ones due to the use of tobacco products. The use of tobacco products has devastating health and economic consequences. The negative impacts of tobacco products, including e-cigarettes, has been widely documented. Tobacco product use leads to more than $300 billion in health care and lost worker productivity costs each year according to the U.S. Department of Health & Human Services and the American Journal of Preventative Medicine.1 Young minds are particularly susceptible to the addictive properties of nicotine.2 As a result, approximately 3 out of 4 teen smokers end up smoking into adulthood.3 An estimated 5.6 million youth aged 0 to 17 are projected to die prematurely from a commercial tobacco-related illness if prevalence rates do not change.4 National data show that about 95 percent of adults who smoke begin smoking before they turn 21. The time between ages 18 to 20 is a critical period when many adults who smoke move from experimental smoking to regular, daily use.5 Moreover, data from the National Youth Tobacco Survey demonstrates that youth use of e-cigarettes continues to increase. The overall use rate of e-cigarettes among youth continues to be higher than other forms of tobacco and has stymied previous progress in the reduction of the overall tobacco use rate for youth.6 Furthermore, the popularity among youth of newer products are likely responsible for the significant increase of e-cigarette usage among high school students.7 In 2015, the Institute of Medicine (now the National Academy of Medicine) concluded that raising the minimum legal sales age for tobacco products nationwide would reduce tobacco initiation, particularly among adolescents aged 15 to 17, improve health across the lifespan, and save lives; and that raising the minimum legal sales age for tobacco products nationwide to 21 would, over time, lead to a 12 percent decrease in smoking prevalence.8 The Institute of Medicine also predicted that raising the minimum legal sales age for tobacco products nationwide to 21 would result in 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and 4.2 million fewer years of life lost for those born between 2000 and 2019 and would result in near immediate reductions in preterm birth, low birth weight, and sudden infant death syndrome.9 A growing number of state and local jurisdictions have enacted minimum legal sales age 21 policies to further restrict access to commercial tobacco.10 Three-quarters of adults support raising the minimum legal sales age for tobacco products to 21, including seven out of ten adults who smokes.11 Finally, strong policy enforcement and monitoring of retailer compliance with tobacco control policies (e.g. requiring identification checks) is necessary to achieve reductions in youth tobacco sales rates after raising the minimum legal sales age to 21. The National Academy of Medicine recommends imposing penalties on business owners to provide sufficient incentives to comply with the law, and business owners with an economic incentive to avoid violations are more likely to establish company-wide policies and incorporate instruction on tobacco laws into employee training. The City of Flagstaff recognizes these well-documented facts on the dangers related to tobacco products. As a result, the ordinance establishing a prohibition on the sale of tobacco products, including e-cigarettes, to persons under the age of 21 is recommended in order to prevent further negative health impacts for the citizens of Flagstaff. **Citations found in attachments** |
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Financial Impact: | |||||
A resolution establishing a fee schedule will be presented to City Council for adoption in the fall. That fee schedule will establish license fees for the sale of tobacco products, including e-cigarettes. Those fees will cover the administrative costs of processing applications for, and issuing licenses for the sale of tobacco products. As a result, the financial impact of the license fees will not produce additional revenues for the City, but will cover the costs of administration only. | |||||
Policy Impact: | |||||
Currently, Chapter 7-09 of the City Code establishes the age prohibition for the sale of tobacco products to anyone under 18 years of age. The proposed ordinance revises Chapter 7-09 of the City Code to prohibit the sale of tobacco products to persons under the age of 21. |
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Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
While no direct connection to a City Council Goal may be readily identified, the proposed ordinance will further the mission of the City of Flagstaff, which is: To protect and enhance the quality of life for all. | |||||
Has There Been Previous Council Decision on This: | |||||
Specific to age limits, on December 21, 1999, a previous City Council adopted Ordinance No. 2011 prohibiting the sale of tobacco products to persons under the age of 18. More recently, and on a broader level, in 2017 and 2018 the previous City Council adopted amendments to the City Code including parks and cemeteries as public places and incorporating e-cigarette's into the City's Tobacco-Free Air portion of the City Code. |
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Attachments: | Ord. 2019-24 | ||
Executive Summary Citations |
14.D.
| |||||||||||||
CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Consideration and Adoption of Resolution No. 2019-30: A Resolution of the Flagstaff City Council, approving a Pond Agreement with Wanderland Flagstaff, LLC, to provide for acquisition of a storm water detention easement on certain real property located along west Route 66, construction of a pond for recreational and storm water detention use, and maintenance of the pond; providing for recording, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Read Resolution No. 2019-30 by title only
2) City Clerk reads Resolution No. 2019-30 by title only (if approved above) 3) Adopt Resolution No. 2019-30 |
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Executive Summary: | |||||
The Wildwood Hills mobile home park has been subject to periodic seasonal flooding since the 1980s, as it is built in a natural drainage way. In August 2016, the area upstream of Wildwood Hills experienced a 100-Year rain event and extensive flooding occurred within the mobile home park which caused damage to numerous properties. For the past three years, the City has been working on a solution to mitigate flooding in this area. Wildwood Hills mobile home park is valued by the City as it provides affordable housing. The City obtained two engineering studies to evaluate what is the best solution to help mitigate flooding (February 2017 and January 2019). Staff determined that the most cost-effective and best alternative was to locate a detention basin on the adjacent property upstream of the mobile home park. The owners of the adjacent property, Wanderland Flagstaff, LLC, ("Wanderland") is re-developing the Woody Mountain RV Campground, known as the Wanderland RV park. As early as 2016 Wanderland and the City discussed the construction of a recreational amenity (pond) for the campground, plus a retention basin to mitigate downstream flooding within the mobile home park. This was in part due to the fact that the owners of Wildwood Hills had indicated they were unable to help resolve flooding issues. On June 20, 2017, the City and Wanderland presented a pond design concept at a Council Meeting and received direction to continue working on a collaborative solution. The pond design as proposed will reduce the 100-year flood flows by approximately 60%, from approximately 200 cubic feet per second ("CFS") to 78 CFS. Following the June 2017 meeting, Wanderland determined that it wanted a more natural-looking pond design (not a rectangle), and obtained its own redesign of the pond. Wanderland reports it has spent over $100,000 to redesign the pond and/or site plan. As redesigned, 75% of the volume is needed for city stormwater detention and about 25% of the volume is for recreational use. The estimated construction cost for the pond will exceed $400,000, and Wanderland has offered to pay that cost. In April 2019 Wanderland obtained Site Plan approval for its redeveloped Wanderland RV park, along with the redesigned pond. The redesigned pond includes recreational and stormwater detention capacity (per the original design), plus additional stormwater detention capacity for the Wanderland RV park and a neighboring property, Aspen Heights. Also in April 2019, Wanderland obtained approval from the State Land Department (a portion of the Wanderland RV park is leased from the State). Wanderland and the City have been diligently working on a development agreement regarding the pond's ownership, construction, maintenance, and access. The parties are also considering what is a fair as far as financial contributions for the project, including the amount the City will pay to purchase a stormwater detention easement for the detention capacity. It is anticipated a proposed agreement will be provided prior to the June 18, 2019, Council Meeting. Once an agreement is approved, construction may proceed. However, it is unlikely construction of the pond will be completed in time for this summer's monsoon, which typically starts in July. Accordingly, the City is reaching out to the property owner of Wildwood Hills mobile home park to offer other assistance, which may include sandbags and help to apply for grant funds for residential flood proofing. |
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Financial Impact: | |||||
Water Services Stormwater Utility has budgeted $400,000 in FY19 Capital Improvement Program. To date, approximately $60,000 has been expended on engineering studies leaving $340,000 for the easement, construction, etc. If the City were to proceed on its own in acquiring and developing a stormwater detention pond or other solution, the anticipated costs may exceed $1 million (property acquisition and construction costs). |
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Policy Impact: | |||||
None | |||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
Council Goal - Affordable Housing: "Support ...the inventory of...affordable housing...throughout the community." Strategic Plan for Team Flagstaff - Strategic Priority #4: "Work in partnership to enhance a safe and liveable community" |
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Has There Been Previous Council Decision on This: | |||||
On June 20, 2017, Council directed staff to work on a collaborative approach to resolving the regional flooding issue/Wildwood Homes mobile home park flooding. On May 28, 2019, Council held an Executive Session to receive legal advice related to the negotiation of a development agreement. |
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Options and Alternatives: | |||||
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Community Involvement: | |||||
The storm water detention pond is anticipated to provide a regional benefit. | |||||
Expanded Options and Alternatives: | |||||
Community members have been in contact with individual members of Council and City Management on numerous occasions to express their continued interest in this project. | |||||
Attachments: | Drainage Report 2017 | ||
Drainage Report 2019 | |||
Res. 2019-30 | |||
06.20.2017 Staff Summary | |||
Pond Elevation | |||
Pond Plan | |||
Site Plan |
14.E.
| |||||||||||||
CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Consideration and Adoption of Resolution No. 2019-28 and Ordinance No. 2019-19: A resolution and ordinance amending the Flagstaff City Code, Title 8, Streets and Public Ways and Title 9, Traffic, Chapter 9-05, Bicycles. | |||||
STAFF RECOMMENDED ACTION: | |||||
1) Adopt Resolution No. 2019-28
2) Read Ordinance No. 2019-19 by title only for the final time 3) City Clerk reads Ordinance No. 2019-19 by title only (if approved above) 4) Adopt Ordinance No. 2019-19 |
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Executive Summary: | |||||
The proposed ordinance will amend Title 8, Streets and Public Ways to:
***Amendments were updated per Council direction on June 4, 2019*** ***To provide clarification, the title of the Ordinance is different than what was read on June 4, 2019*** |
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Financial Impact: | |||||
The financial impact should be limited to staff time and resources necessary to roll-out and provide education for the new provisions. | |||||
Policy Impact: | |||||
None | |||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
TRANSPORTATION AND OTHER PUBLIC INFRASTRUCTURE Deliver quality community assets and continue to advocate and implement a highly performing multi-modal transportation system. |
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Has There Been Previous Council Decision on This: | |||||
The City Council discussed and provided direction on the content of the ordinance at work sessions on April 30, 2019, and May 28, 2019. | |||||
Attachments: | Res. 2019-28 | ||
Amendments | |||
Ord. 2019-19 | |||
Presentation |
16.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 request by Mayor Evans to place on a future agenda a discussion about a cell phone tower ordinance to require that the coverage map provided in the application be done by an independent third party. | |||||
STAFF RECOMMENDED ACTION: | |||||
Council direction.
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EXECUTIVE SUMMARY: | |||||
Rule 4.01, Procedures for Preparation of Council Agendas, of the City of Flagstaff City Council Rules of Procedure outlines the process for bringing items forward to a future agenda. Mayor Evans has requested this item be placed on an agenda under Future Agenda Item Requests (F.A.I.R.) to determine if there are two other members of Council interested in placing it on a future agenda. | |||||
INFORMATION: | |||||
Attachments: |
16.B.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE | |||||
Future Agenda Item Request (F.A.I.R.): A request by Councilmember Odegaard to place on a future agenda a discussion about the creation of a City Veterans’ Liaison Coordinator position. | |||||
STAFF RECOMMENDED ACTION: | |||||
Council direction.
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EXECUTIVE SUMMARY: | |||||
Rule 4.01, Procedures for Preparation of Council Agendas, of the City of Flagstaff City Council Rules of Procedure outlines the process for bringing items forward to a future agenda. Councilmember Odegaard has requested this item be placed on an agenda under Future Agenda Item Requests (F.A.I.R.) to determine if there are two other members of Council interested in placing it on a future agenda. | |||||
INFORMATION: | |||||
Attachments: |