Minutes


F	Consideration and Adoption of Resolution No. 2023-20 and Ordinance No. 2023-12: A Resolution of the City of Flagstaff, Coconino County, Arizona, declaring as a public record that certain document filed with the City Clerk entitled "NAH Health Village Phase 1 Specific Plan" and an Ordinance of the City Council of the City of Flagstaff, Coconino County adopting the NAH Health Village Phase 1 Specific Plan to guide the development of 172.62 acre of real property and to provided specific development requirements for 93.39 acres generally located at 1120 W Purple Sage Trail.

		Zoning Code Manager Tiffany Antol provided a PowerPoint presentation that covered the following:

		NAH HEALTH VILLAGE, SPECIFIC PLAN, CONCEPT ZONING MAP AMENDMENT AND DEVELOPMENT AGREEMENT NAH HEALTH VILLAGE DEVELOPMENT AGREEMENT OVERVIEW SITE PLAN REVIEW OPEN SPACE & CIVIC SPACE RESIDENTIAL DENSITY SUSTAINABILITY PRIVATE SHUTTLE SERVICE FIRE PROTECTION LEGACY CAMPUS OUTDOOR LIGHTING WATER AND SEWER IMPROVEMENTS ON-SITE TRANSPORTATION IMPROVEMENTS OFF-SITE TRANSPORTATION IMPROVEMENTS RECOMMENDATION Mr. Clifton addressed Council to comment on an allegation that the recent Council Washington D.C. trip was done solely for the purpose of advocating for the NAH relocation and associated funding. He stated that the allegation was not true. He explained that trips to Washington D.C. to meet with the city’s delegation are done on an annual basis and have been for many years. The purpose of the trips were to build relationships between elected officials at the local and federal levels; they were also a means by which the city pursued programmatic funding, grant funding, direct appropriations, and funding support. The city had enjoyed a strong track record of receiving funding support that materialized from those trips. Recently, the relationships with congressional delegates had resulted in support, allocation of land resources, and funding for flood mitigation efforts, along with a $56 million allocation toward the Rio de Flag project. Mr. Clifton reviewed the materials presented to representatives during the trip and explained that there was a brief mention of a direct spending request associated with the RAISE grant application that included NAH as a co-applicant and the matching funds that they would be providing should the grant be awarded to the city. He went on to explain that it was not unusual for the city to partner with private entities, developers, nonprofits, service organizations, and other government agencies on grant pursuits. He clarified that there were many needs within the public safety utility and a new fire station in the area of the NAH development was one of them. The current station was undersized and not able to accommodate the newly acquired ladder truck or the necessary staff to man the truck. A new station was needed to provide the necessary public safety services to the area and that need would exist with or without the NAH development; the relocation had just advanced the timeline. Councilmember Matthews asked who was responsible for funding the improvements if the grant was not awarded. Ms. Antol explained that the financial responsibility fell entirely to NAH. NAH Vice President of Real Estate and Construction Steve Eiss, along with Guillermo Cortes from Shepard-Wesnitzer Inc., and Tim Kinney from Kinney Construction Services Inc. continued the presentation. NORTHERN ARIZONA HEALTHCARE HEALTH AND WELLNESS VILLAGE A POTENTIAL I-17 UNDERPASS HISTORY OF THE I-17 CROSSING CONCEPTUAL TRAFFIC CONTROL PLAN CONCEPTUAL TRAFFIC CONTROL PLAN PHASE 1 CONCEPTUAL TRAFFIC CONTROL PLAN PHASE 2 CONCEPTUAL TRAFFIC CONTROL PLAN PHASE 3 THE CHALLENGE IS CONSTRUCTING THE ACTUAL UNDERPASS NAH’S SUSTAINABILITY EFFORTS Councilmember McCarthy suggested the following two edits to the development agreement: 4.4.4 Electric Vehicle Charging – REVISED WORDING (added words in italics and caps): “upon surpassing 80% utilization of existing charging stations DURING PEAK HOURS OF OPERATION, NAH shall install additional electric vehicle charging stations sufficient to serve another 20 electric vehicles at a time.” 4.4.5 Green Connect Program – REVISED WORDING (added words in italics and caps): “NAH shall join the APS Green Connect Partner Program prior to receiving the first certificate of occupancy for the Project. TO THE EXTENT THAT ELECTRICAL POWER IS AVAILABLE FROM APS THROUGH THE PROGRAM, THE PROJECT SHALL USE POWER FROM THE PROGRAM OR FROM RENEWABLE ENERGY PRODUCED ON-SITE.” Mr. Eiss stated that he had no problem with the first suggested amendment. Regarding the second, he stated that he was not sure if that was how the program worked currently through APS. They had committed to signing the same agreement that the City of Flagstaff had signed. Councilmember McCarthy stated that there needed to be some teeth put into that requirement. Councilmember Matthews asked about their experience with building efficient buildings. Mr. Kinney stated that he was one of the first LEED-accredited developers in Northern Arizona over 20 years ago and had built several Green Sustainable buildings, eight of which were certified LEED Platinum. Councilmember Matthews asked Mr. Kinney’s opinion on the project and the amendments that were added. Mr. Kinney stated that the LEED Silver was an excellent place to be, and while the Gold Standard was a reach, they would be able to achieve it without the certifications. Councilmember Sweet asked about the challenges associated with going from a Silver Standard to a Gold Standard in Flagstaff. Mr. Kinney stated that the elevation was a challenge; Flagstaff has four distinct seasons and 40-degree temperature swings which could compromise mechanical equipment. They had been able to meet the Gold Standard with redundancies in place that had been well-designed to be efficient. Mr. Kinney noted that the Gold Standard had a wide range of points associated with it and they would probably be in the middle range of that. Going to Platinum would be another 20 to 40 points and would require an extensive redesign of the mechanical systems. They would have to get into more renewable energy which the site was not suited for because there were a lot of trees. Another significant challenge was accessibility to materials; the things that would have to be done to reach the Platinum Standard would be very costly and would require significant maintenance ongoing. Councilmember Matthews stated that she had concerns with Councilmember McCarthy’s proposed amendment that required the hospital to use clean energy because it may not be available. Mayor Daggett thanked NAH for their commitment to provide all the data requested to calculate the carbon footprint. She stated that the information would allow the city to identify how to address the rest of the Carbon Neutrality Plan. SUSTAINABILITY RECAP CLARIFICATIONS FOR THE PUBLIC RECORD FORMAL ASK OF CITY COUNCIL Mayor Daggett asked staff to comment on the proposal regarding Purple Sage. City Engineer Paul Mood explained that it was difficult to respond to the proposed traffic control because it was the first time that staff had seen it. There would be other utilities in the roads such as water, fiber optics, and gas that would have to be considered. Staff’s recommendation remained that the Purple Sage intersection be built to the elevation needed for a future underpass. Should Council like to amend that condition, staff recommended that the development agreement include the requirement that plans be submitted for both the interim condition and the final condition with the lower elevation that would include all demolition and temporary measures needed to do that construction prior to recording the final plat. That would allow staff to know what type of easements and other things would be needed in the future. Staff also recommended that some type of financial assurance be provided for future work. Council inquired about the future need for the underpass. Mr. Mood explained that the underpass was showing in the Regional Plan so staff must assume that it would be built in the future when reviewing projects. Development in the area had not happened yet so the underpass had not been included in the city’s five-year plans. A break was held from 5:22 p.m. through 5:35 p.m. The following individuals spoke in opposition of the NAH relocation project: Patricia Ellsworth Karen Enyedy Michele James David Spence Stefan Sommer The following comments were received: The Northern Arizona Climate Change Alliance would have liked to have been involved in the conversation earlier. The development agreement should include the requirement for LEED Gold certification. Council should require staff to develop a plan for deep study and analysis. Technology is changing medical infrastructure needs and the infrastructure being envisioned now may not actually be needed. There needs to be an assessment of community health needs with careful attention to lower-income households. There is no way to determine an alternative plan without a study of the existing infrastructure and possible acquisition of available properties. There needs to be full disclosure of both known and potential costs of the project. More information is needed, and more time is needed to gather that information. Council should refer the matter to the voters. The draft development agreement does not adequately outline the expenses the city is responsible for. The development agreement should require a public process before any proposed changes are made to the infrastructure improvement agreements related to the fiscal responsibility of NAH. At what level will NAH join the APS Green Connect Partner program, and how long will the agreement last? The Council should postpone the final reading of 2023-11 to allow time to receive and analyze the carbon footprint data. There should be an analysis of what a typical hospital stay costs at the current location in comparison to the cost at the new facility. Renovating the existing facility can achieve many of the same goals they have outlined for the new facility. The public deserves to know the projected costs for the existing and future locations. The following individuals submitted written comments in opposition to the NAH relocation project: Kyle Nitschke Alex James Russell Christine Schimanski James Snyder The following individuals spoke in favor of the NAH relocation project: Joe Galli Whitney Cunningham The following comments were received: The Greater Flagstaff Chamber of Commerce supports the rezone and the development agreement because of the economic impacts that will come to the community as the facility is constructed and completed. New healthcare industry jobs will be created. Local contractors are being used for construction and they have impeccable reputations. There are over $100 million in tax revenues that will collectively be generated for local municipalities. Construction jobs will benefit retailers, hoteliers, and restaurants. Please continue to support the development and advance the rezone and development agreement. There have been generational investments in Flagstaff; in the 80’s W.L. Gore expanded their facilities by several hundred square feet, NAU expanded significantly in the 60’s, downtown business owners taxed themselves to grow and expand the downtown, and forty years ago, NAH was formed building on a facility that began in 1936. Continue the investment in leadership and vision. NAH is making a $50 million investment in roads and a $5 million investment in fire facilities. NAH is going to build a park bigger than Foxglenn and reduce energy consumption by 50% and fossil fuel usage by 75%. None of those benefits will be realized if the project does not move forward. The project is a generational investment and it should be supported. Phillip Williams submitted a written comment in support of the NAH relocation project. Senior Assistant City Attorney Christina Rubalcava provided a review of the recommendations for the development agreement: Modify section 4.12.1 and 4.12.2 to reference the northern face of the patient towers rather than the western face. Modify section 4.4.4 add Utilization shall be measured during regular hours of operation for the ACC as the last sentence. Modify section 4.4.5 modify as follows: NAH shall join the APS Green Connect Partner Program for 100 percent of electric power used on-site for the term of this Agreement. Copies of the contract approved by the Arizona Corporation Commission for this program shall be provided to the City prior to receiving the first certificate of occupancy for the Project. In the event that the APS Green Connect Partner Program is terminated or NAH desires to participate in an alternate program, NAH shall be permitted to participate in a substantially equivalent program upon the written approval of the City Manager and in the sole and absolute discretion of the City Manager. Add section 4.4.7 Within 8 weeks from the date of execution of this Agreement, NAH shall provide the City with the calculated carbon footprint of the hospital and ACC, and shall also provide the underlying data used by NAH to calculate that carbon footprint. Add section 4.4.8 NAH shall design the hospital and ACC to meet credit guidance for LEED Gold Standards, but is not required to obtain official LEED certification. Councilmember Matthews offered comments about the underpass and suggested that NAH be required to provide engineering plans for the current state and plans for after Beulah was widened and put a 20% financial assurance bond with a sunset of ten years. Councilmember Sweet asked about the APS Green Connect Partner program and if the development agreement would allow NAH to move away from that program should the city find a better program. Ms. Rubalcava stated that the language could be updated to add “unless a substantially equivalent program is approved by the city.” Councilmember Harris expressed frustration about people within the community trying to stop a project that would help other members of the community. She was concerned that the personal agenda of some has been put ahead of the health and safety of everyone else and future generations. The community was growing, and it would continue to grow. The community needed to come together and compromise to do what was best for everyone. She expressed her support for moving the project forward. Councilmember McCarthy stated that he had studied the case in great detail and that he had met with many people on all sides of the issue, read numerous emails, and attended the Planning and Zoning Commission meetings. Many members of the public believed that the city was heavily subsidizing the development. However, based on the actual development agreement, NAH would be responsible for funding the infrastructure, including water and sewer systems, as well as road improvements. The city was assisting NAH in applying for federal road improvement grants, but if the grants were not awarded, NAH would be responsible for covering the costs. He stated that misinformation had circulated on social media that suggested the city would cover the transportation grant match, but NAH was responsible for that. He also stated that a new fire station was required regardless of the hospital's approval, as the current one was inadequate for the new equipment ordered and paid for by the city. The cost of the fire station would be shared equally between the city and NAH. Councilmember McCarthy noted that the hospital itself would not pay property taxes because it was a nonprofit entity. However, the city would receive income from construction taxes and construction impact fees from all aspects of the project. Although carbon neutrality was not a requirement for other projects and was not mandated by city code, there was an understanding of the importance of moving towards carbon neutrality. While the new hospital may not achieve LEED Platinum certification, it had agreed to meet the standards of LEED Gold. NAH had also agreed to solar installations on at least 40% of the parking garage roof within 18 months after receiving their Certificate of Occupancy. He also mentioned bus service, noting that while it would be valuable, the city did not require subsidized bus service for other developments. NAH would provide a free shuttle or taxi service for those who needed transportation. Councilmember House stated that part of her consideration had been the broader vision for sustainable, responsible, and holistic development for Flagstaff’s future. Flagstaff was growing and would continue to grow. She believed that the findings had been met. That did not dismiss the other aspects of the development and it was important to keep constantly engaged in the plans for the existing campus. She would like for the city to engage in a visioning process about future plans for the existing campus. There was a need to make brave decisions when it came to the development of Flagstaff, there had been a hesitation to do that in the past and there was fear in the community about what growth meant. Tough conversations must be had and difficult decisions must be made to grow responsibly. Councilmember Sweet offered that there had been a lot of discussion and listening to all sides of the project and the e decisions were not easy. The project affected many people in the community and those who used the medical system. There were still questions and concerns, but she believed that the findings had been met to move the project forward. She looked forward to engaging on the plans for the legacy campus. Councilmember Matthews stated that she believed that the process had been very open and transparent. So many of the questions being asked and concerns being raised had all been addressed in prior meetings. If people were to go back and watch the presentations over the last couple of years, most of their questions would be answered. At that point, suggesting that things are moving too fast and should slow down was just another delay tactic. She expressed concern that the messages out in the public were not factual and that much of the outrage that was on social media was based on false information. She acknowledged the concerns and complaints about how employees were treated and how business was conducted but those were not within the purview of the City Council. The role of the City Council was to determine if the findings could be met. She appreciated the conditions that were discussed, and she would like to revisit the Purple Sage underpass discussion soon. Mayor Daggett offered appreciation to staff for their part in the process. It had been a long and stressful road for them, and she appreciated the dedication they have shown. She thanked those who came to the table and collaborated on the various conditions and requirements of the development agreement. Collaboration was critical, not just for that project, but moving forward as Flagstaff continued to grow. What was important was that information was factual; she encouraged the public to verify the information that they were presented with. She stated that Council would be discussing the site plan soon; it would be presented to the Council and public at an upcoming meeting. She also noted that the process had demonstrated the need to update codes to meet the community housing and climate goals. Lastly, she thanked the public for their involvement and participation in the public process; public input had led to a lot of important changes and clarifications.

	Moved by Councilmember Lori Matthews, seconded by Councilmember Deborah Harris to adopt Resolution No. 2023-20.
	Vote: 6 - 0 - Unanimously
	Moved by Councilmember Lori Matthews, seconded by Councilmember Deborah Harris to read Ordinance No. 2023-12 by title only for the final time.
	Vote: 6 - 0 - Unanimously
		AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ADOPTING A SPECIFIC PLAN, BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED “THE NAH HEALTH VILLAGE PHASE 1 SPECIFIC PLAN” TO GUIDE THE DEVELOPMENT OF 172.62 ACRES OF REAL PROPERTY AND TO PROVIDE SPECIFIC DEVELOPMENT REQUIREMENTS FOR 98.39 ACRES GENERALLY LOCATED AT 1120 W PURPLE SAGE TRAIL PROVIDING FOR SEVERABILITY, AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE

	Moved by Councilmember Lori Matthews, seconded by Councilmember Miranda Sweet to adopt Ordinance No. 2023-12.
	Vote: 6 - 0 - Unanimously