COMBINED SPECIAL MEETING/WORK SESSION AGENDA
SPECIAL 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. | PUBLIC HEARING ITEMS | ||||||||
A. | Consideration and Adoption of Resolution No. 2019-31 and Ordinance No. 2019-22: A Resolution of the City Council of the City of Flagstaff, Coconino County, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled “2019 Zoning Code Amendments Industrial Zones and Miscellaneous Revisions (PZ-19-00087 AND PZ-19-00093)”; and, an Ordinance of the City Council of the City of Flagstaff, Coconino County, Arizona, amending the Flagstaff City Code, Title 10, Flagstaff Zoning Code (Ordinance No. 2011-20), Chapters 10-20, 10-40, 10-50, 10-60, and 10-80, as provided in that certain document entitled “2019 Zoning Code Amendments Industrial Zones and Miscellaneous Revisions (PZ-19-00087 and PZ-19-00093)” Declared to be a Public record by Resolution No. 2019-31; providing for repeal of conflicting ordinances, severability, and establishing an effective date. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
At the June 25, 2019 Council Meeting:
1) Hold public hearing 2) Read Resolution No. 2019-31 by title only 3) City Clerk reads Resolution No.2019-31 by title only (if approved above) 4) Read Ordinance No. 2019-22 by title only for the first time 5) City Clerk reads Ordinance No. 2019-22 by title only (if approved above) At the July 2, 2019 Council Meeting: 6) Adopt Resolution No. 2019-31 7) Read Ordinance No. 2019-22 by title only for the final time 8) City Clerk reads Ordinance No. 2019-22 by title only (if approved above) 9) Adopt Ordinance No. 2019-22 |
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6. | REGULAR AGENDA | ||||||||
A. | Consideration and Adoption of Ordinance No. 2019-25: An ordinance of the City Council of the City of Flagstaff, Arizona, amending the Flagstaff City Code, Title 2, Boards and Commissions, by adding a new chapter 2-25, creating a Housing Commission; providing for repeal of conflicting ordinances, severability, and establishing an effective date. | ||||||||
STAFF RECOMMENDED ACTION: | |||||||||
At the June 25, 2019 Council Meeting:
1) Read Ordinance No. 2019-25 by title only for the first time 2) City Clerk reads Ordinance No. 2019-25 by title only (if approved above) At the July 2, 2019 Council Meeting: 3) Read Ordinance No. 2019-25 by title only for the final time 4) City Clerk reads Ordinance No. 2019-25 by title only (if approved above) 5) Adopt Ordinance No. 2019-25 |
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7. | 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. | |||||
8. | Adjournment | |||||
WORK SESSION
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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 work session, 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. | Review of Draft Agenda for the July 2, 2019 City Council Meeting Citizens wishing to speak on agenda items not specifically called out by the City Council may submit a speaker card for their items of interest to the recording clerk. |
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3. | Greater Flagstaff Region (GFR) Regional Training Coordinator annual update | |||||
4. | Public Participation | |||||
5. | Informational Items To/From Mayor, Council, and City Manager; future agenda item requests | |||||
6. | Adjournment | |||||
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5.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Adoption of Resolution No. 2019-31 and Ordinance No. 2019-22: A Resolution of the City Council of the City of Flagstaff, Coconino County, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled “2019 Zoning Code Amendments Industrial Zones and Miscellaneous Revisions (PZ-19-00087 AND PZ-19-00093)”; and, an Ordinance of the City Council of the City of Flagstaff, Coconino County, Arizona, amending the Flagstaff City Code, Title 10, Flagstaff Zoning Code (Ordinance No. 2011-20), Chapters 10-20, 10-40, 10-50, 10-60, and 10-80, as provided in that certain document entitled “2019 Zoning Code Amendments Industrial Zones and Miscellaneous Revisions (PZ-19-00087 and PZ-19-00093)” Declared to be a Public record by Resolution No. 2019-31; providing for repeal of conflicting ordinances, severability, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | |||||
At the June 25, 2019 Council Meeting:
1) Hold public hearing 2) Read Resolution No. 2019-31 by title only 3) City Clerk reads Resolution No.2019-31 by title only (if approved above) 4) Read Ordinance No. 2019-22 by title only for the first time 5) City Clerk reads Ordinance No. 2019-22 by title only (if approved above) At the July 2, 2019 Council Meeting: 6) Adopt Resolution No. 2019-31 7) Read Ordinance No. 2019-22 by title only for the final time 8) City Clerk reads Ordinance No. 2019-22 by title only (if approved above) 9) Adopt Ordinance No. 2019-22 |
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Executive Summary: | |||||
The proposed amendment contains two parts. The first part of the proposed amendment is the City’s continued effort to resolve conflicts, make technical corrections, and incorporate clarity into the Zoning Code. The second part (Case No.: PZ-19-00082) is a proposed amendment by the property owner (Pacific Prime Properties) to amend the list of land uses for the Light Industrial (LI) zone to add the Seasonal Amusement/Entertainment and Sales, Indoor (SAESI) land use as an allowed use subject to the approval of a Conditional Use Permit. On June 12, 2019, the Planning and Zoning Commission recommended approval of the proposed amendment to the City Council with a vote of 4-0. |
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Financial Impact: | |||||
There are no anticipated financial impacts affiliated with the proposed Zoning Code Text Amendments. | |||||
Policy Impact: | |||||
There are no anticipated policy impacts affiliated with the proposed Zoning Code Text Amendments. | |||||
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
Council Goals: Revise the zoning code to remove ambiguities, and ensure it is consistent with the community values and the Regional Plan. Team Flagstaff Strategic Plan: Work in partnership with to enhance a safe and livable community. Regional Plan: Please refer to the attached Planning and Zoning Commission staff report. |
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Has There Been Previous Council Decision on This: | |||||
The Zoning Code was adopted by the City Council on November 1, 2011, to replace the former Land Development Code. Since its adoption, the code has been amended several times to address procedures, add clarity, resolve conflicts, address planning initiatives (accessory dwelling units), incorporate applicant’s requests (West University Drive Entrance Sign District), and to address changes in state law and U.S. Supreme Court decisions (i.e. Reed vs the Town of Gilbert). | |||||
Options and Alternatives: | |||||
The City Council may adopt, modify, or deny the amendments. | |||||
Background and History: | |||||
Proposed Amendment Part 1 – City’s Proposed Amendments Organized primarily by section number and topic, below is a summary of staff’s proposed Zoning Code Text Amendment (Attachment 1 - excluding sections 17, 24, and the SAESI land use of Section 5). The most significant modification is the correction to the adoption of the Industrial Zones (10-40.30.050), including scriveners and table errors pertaining to the allowed uses and the building form provisions. Even though the codified version of the zoning code includes the intended allowed uses and the building form provisions of the Industrial Zones, the City Council adopted ordinance and resolution (Ordinance No. O2011-20 and Resolution No. R2011-35) references the residential zone provisions in place of the industrial zone provisions. Incorporated into these changes is the land use term modification from “Lodging” to “Travel Accommodations”. The purpose of this change is to utilize an industry and North American Industry Classification System (NAICS) term for the land use. To clarify that the proposed land use of Travel Accommodations does not include short term rentals and vacation retails, staff has included the following definition into the proposed amendment: Travel Accommodations: is a one or more structures, with or without related services and facilities, that is provided and offered to transient guests for stays of less than thirty (30) days. A travel accommodation may include accessory commercial uses, such as retail, restaurant, banquet space, event center or other similar use. Travel accommodation does not include bed and breakfast, short-term rental or vacation rental, and includes hostels, hotel, Inns, lodges/lodging, motels/motor or auto courts, resorts, time-shares, and similar uses as determined by the Zoning Administrator.
A vast majority of the remainder of the proposed modifications are intended to resolve discrepancies between the originally adopted ordinance, subsequent amendments and the codified version of the zoning code. In addition to these modifications, the proposed text amendment includes corrections to section cross-references, technical modifications, and table formatting. Also, the amendment includes a term change from “horse fencing” to “corral fencing”. The purpose of this modification is to eliminate the need for a decision/interpretation to allow fencing of this type for other animals that are kept in corrals of similar nature. Finally, a definition for a Fuel Pump Sign has been included. Currently, this sign type is not defined. The proposed definition, “A sign mounted above, and integrated into the structure of, an operable fuel dispensing pump” is to eliminate the need for an interpretation of the zoning code as it pertains to what a fuel pump sign is. Part 1 – Summary of the Staff Revisions to Zoning Code
The applicant’s request is to add a new land use, SAESI, to the Light Industrial (LI) zone. The proposed amendment defines (Attachment 1 - Section 24) the new land use as: Seasonal Amusement, Entertainment and Sales, Indoor: is an indoor annual reoccurring seasonal commercial amusement, entertainment or festival event (e.g. art festivals/performances/workshops, Christmas fair, haunted house, or similar activity approved by the Zoning Administrator), including the seasonal sales of merchandise, that occurs only once in a calendar year for a specified timeframe, which is generally less than 4 months.
The applicant’s narrative (Attachment 2) includes a summary of the proposed Zoning Code Text Amendment, and a Regional Plan and required Zoning Text Amendment findings analysis. Primarily to facilitate the relocation of a local business (the North Pole Experience (NPEX)) to the property owner’s property, the proposed use would supplement the allowed and conditional uses of the zone that this business would utilize (warehousing and office land uses) as part of the functions of its operations. Therefore, the proposed modification would allow all business activities of the NPEX to operate in one location. As a larger zone wide benefit, the proposed uses would allow greater flexibility for the existing allowed uses, such as trade schools and a Light Industrial, General uses, to utilize the proposed use for seasonal activities, such as a product and trade fairs, promotional activities, performances, etc. To ensure compatibility between existing uses on a property and nearby uses on other properties, to utilize the SAESI use, a property owner will be required to obtain the approval of a Conditional Use Permit. Included in the proposed amendment are use specific criteria and development standards for the SAESI use. These standards and criteria are intended to mitigate pedestrian and vehicle conflicts, and to preclude locations that have existing businesses on the property or nearby that are functionally inconsistent, or may have the potential of causing undue harm to the SAESI users (Attachment 1, Section 17). |
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Key Considerations: | |||||
A Zoning Code Text Amendment shall be evaluated based on the following findings: A. Finding #1:
The most significant modifications include the adoption of the industrial zone land uses and building form requirements. These zones and related provisions are primarily intended to implement the Regional Plan’s land use designation of Employment Center “Employment.” Supported by several goals and policies of the Regional Plan, these zones are intended to increase employment, promote new and re-development, establish land use and development flexibility, ensure development of industrial area are compactable with surrounding areas, and protect existing and encourage new business and industrial growth (LU 1.1, LU 1.6, LU 6.2, LU 16.2, LU 16.3, ED3.8, ED 4.5 of the Regional Plan). The applicant’s proposed amendment is to modify the land use of the Light Industrial (LI) zone. Intended to provide a transitional zone between commercial and heavy industrial land uses, the Light Industrial (LI) zone also assists with the Employment land use’s purpose of providing “… for the continued growth of the existing employment centers and encouraging the reuse of underutilized, vacant or obsolete commercial and industrial spaces…” The addition of the proposed SAESI use has the potential of assisting to implement the Regional Plan’s Employment and land use policy objectives to encourage the reuse of underutilized, vacant or obsolete commercial and industrial spaces. As proposed, the use would allow property owners additional flexibility to partner with businesses and tenants to use indoor areas for art festivals, including performances and workshops, fairs, and other holiday and seasonal events (LU 1.6 of the Regional Plan) that require large indoor volumes for a limited time period (A total of 98 days in any one calendar year, and no more than 98 consecutive days.) Also, the use would allow businesses and event operators to co-locate their operations in a single location, adding to the flexibility of the Light Industrial (LI) zone. Some potential uses require the warehousing (an allowed use in the Light Industrial) of operational materials in the off-season and sale merchandise in preparation for an upcoming seasonal event. Also providing the property owners and tenants greater flexibility (LU 1.6 of the Regional Plan), other uses in the zone, such as trade schools and a Light Industrial, General uses could utilize the proposed use for seasonal activities such as a product and trade fairs, promotional activities, etc. that could occur within or near its operational facilities. Recognizing the purpose of the zone, the Employment land use, and Regional Plan policies to protect existing more intensive businesses and land use operations from uses that may not be appropriate or have conflicting characteristics, the applicant’s request is to allow the SAESI subject to the approval of a Conditional Use Permit. In addition to the standard Conditional Use Permit findings, the proposed amendment incorporates two additional findings to ensure compatibility with existing uses of development, and the uses on adjacent property ((ED 3.8) of the Regional Plan). These additional findings are intended to evaluate the proposed and existing uses on the property and on adjacent properties to ensure that there are:
The applicant’s proposed amendment to add the SAESI land use and related provisions to the Light Industrial (LI) is not anticipated to be detrimental to the public interest, health, safety, convenience or welfare of the City. To assist with mitigating adverse impacts from adjoining and existing uses, the proposed use is required to obtain a Conditional Use Permit, and comply with specific use criteria. These criteria are intended to mitigate potential conflicts between the SAESI’s pedestrians and passenger vehicles and large trucks and the operations of loading bays, service areas or truck yard facilities that may occur on a property. These development standards include requiring the:
The applicant’s proposed amendment to add the SAESI land use and related provisions to the Light Industrial (LI) zone achieves internal consistency through the zoning code’s intent of encouraging the evolution of zones to include the most appropriate uses that enhance the viability of existing buildings. Furthermore, the proposed use specific criteria assists in maintaining consistency with the zoning code’s intent to protect businesses from adverse impacts of adjoining uses, and protecting the health, safety, and general welfare of the public. Finally, the proposed amendment aids with maintaining a comprehensive contemporary set of requirements that are straightforward, usable and easily understood. |
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Community Involvement: | |||||
Please refer the key considerations included in this report. | |||||
Expanded Options and Alternatives: | |||||
In accordance with State Statute and the Zoning Code, the Planning and Zoning Commission work session for the amendments was advertised in the Arizona Daily Sun on May 4, 2019; and, the Planning and Zoning Commission work session was advertised Arizona Daily Sun on May 25, 2019. In addition, the City Council held a work session on these amendments on May 28, 2019. Also, persons of interest that are on file with the Planning and Development Services Department were notified of the work sessions and hearings via first class mail. As of the date of this report, staff has not received any comments from the public. | |||||
Attachments: | Res. 2019-31 | ||
Exhibit A | |||
Ord. 2019-22 | |||
Planning and Zoning Commission Report, June 12, 2019 | |||
Staff Presentation |
6.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Adoption of Ordinance No. 2019-25: An ordinance of the City Council of the City of Flagstaff, Arizona, amending the Flagstaff City Code, Title 2, Boards and Commissions, by adding a new chapter 2-25, creating a Housing Commission; providing for repeal of conflicting ordinances, severability, and establishing an effective date. | |||||
STAFF RECOMMENDED ACTION: | |||||
At the June 25, 2019 Council Meeting:
1) Read Ordinance No. 2019-25 by title only for the first time 2) City Clerk reads Ordinance No. 2019-25 by title only (if approved above) At the July 2, 2019 Council Meeting: 3) Read Ordinance No. 2019-25 by title only for the final time 4) City Clerk reads Ordinance No. 2019-25 by title only (if approved above) 5) Adopt Ordinance No. 2019-25 |
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Executive Summary: | |||||
City Council directed staff to create a Housing Commission consisting of members of the professions involved in the housing industry and other members of the community. Based on Council feedback, Ordinance 2019-25 was written reflective of Council direction and goals. | |||||
Financial Impact: | |||||
There is no associated direct financial impact. | |||||
Policy Impact: | |||||
Ordinance 2019-25 will create a Housing Commission with the following Purpose and Duties: "The purpose of the Housing Commission is to guide the implementation and creation of housing and housing programs for the benefit of Flagstaff and its citizens. The Commission shall also provide oversight to any funds approved by the general electorate for housing purposes. The purpose of the Housing Commission is to serve as an advisory board to make recommendations to Council with respect to housing needs and programs in Flagstaff, including but not limited to, potential funding sources and oversight of any funds approved by the general electorate, and to guide the implementation and creation of housing and housing programs for the benefit of Flagstaff and its citizens. The Commission shall also provide oversight to any funds approved by the general electorate for housing purposes."
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Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan: | |||||
City Council Goal: Support development and increase the inventory of public and private affordable housing for renters and home-owners. Regional Plan Goals: Goal NH.1. Foster and maintain healthy and diverse urban, suburban, and rural neighborhoods in the Flagstaff region. Goal NH.3. Make available a variety of housing types at different price points, to provide housing opportunity for all economic sectors. |
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Has There Been Previous Council Decision on This: | |||||
Council provided specific direction on June 11, 2019. | |||||
Options and Alternatives: | |||||
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Background and History: | |||||
Housing and affordable housing has been a recognized area of need in Flagstaff for many years. Council directed the creation of a Housing Commission to serve as an advisory board to make recommendations to Council with respect to housing needs and programs in Flagstaff, including but not limited to, potential funding sources and oversight of any funds approved by the general electorate. | |||||
Key Considerations: | |||||
The Housing Commission shall have fifteen (15) voting members; fourteen (14) members appointed by the City Council and one (1) representative from the Flagstaff Housing Authority Board of Commissioners. All members shall reside within the Flagstaff City limits. Specific membership of the Housing Commission is proposed as follows:
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Community Benefits and Considerations: | |||||
There is no associated direct financial impact. | |||||
Community Involvement: | |||||
The creation of the Housing Commission will assure that an open, inclusive, and transparent process is utilized in the discussion, prioritization, and presentation of recommendations that address the community’s housing needs. | |||||
Expanded Options and Alternatives: | |||||
There has been no direct community involvement in the creation of this commission. | |||||
Attachments: | Ord. 2019-25 | ||
Presentation |
7.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: |
7.B.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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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: |
3.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE | |||||
Greater Flagstaff Region (GFR) Regional Training Coordinator annual update | |||||
STAFF RECOMMENDED ACTION: | |||||
Discussion on what the position has been involved with and benefits from this regional training position to the City and our regional fire service partners.
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EXECUTIVE SUMMARY: | |||||
Allow Council to hear progress in the region due to this jointly paid for position. The value of the regional partnerships. Who all pays into the position. Any questions they might have on this position, the regional fire training academies, or general questions for the Regional Training Officer (RTO). | |||||
INFORMATION: | |||||
Ten minute presentation, which includes a five minute PowerPoint. | |||||
Attachments: | Presentation |