Call to Order

Roll Call NOTE: One or more Councilmembers may be in attendance through other technological means . MAYOR DAGGETT VICE MAYOR SWEET COUNCILMEMBER ASLAN COUNCILMEMBER GARCIA COUNCILMEMBER HOUSE COUNCILMEMBER MATTHEWS COUNCILMEMBER SPENCE

Recess into Executive Session

Executive Session Confidentiality Statement Discussions made during Executive Session are confidential by law. All persons present in Executive Session or who receive Executive Session information or materials shall keep the discussion, information and materials confidential and shall not disclose them, except as allowed by law.

Executive Session:

Discussion or consultation for legal advice with the attorney or attorneys of the public body, discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation pursuant to A.R.S. §38-431.03(A)(3), (4), respectively

Legal advice and consideration regarding litigation against Desert Mountain Energy to file a new lawsuit against Desert Mountain Energy to enforce the City’s contractual rights and protect the City’s Red Gap Ranch water resource investments and water supplies from the risk of contamination by DME’s helium extraction well; and b) continue litigating claims and counterclaims in City of Flagstaff v. Desert Mountain Energy, No. CV2020-00624 (Coconino Cnty. Super Ct.)

Legal advice and consideration regarding Desert Mountain Energy current application, and other future application(s), for exemption from aquifer protection permit(s) in the State of Arizona, and legislation related to aquifer protection permits in the State of Arizona.

Litigation Update.

Discussion or consultation for legal advice with the attorney or attorneys of the public body, and discussions or consultations with designated representatives of the public body in order to discuss security plans, procedures, assessments, measures or systems relating to, or having an impact on, the security or safety of buildings, facilities, operations, critical infrastructure information and information technology maintained by the public body. Records, documentation, notes, or other materials made by, or provided to, the representatives pursuant to this paragraph are confidential and exempt from public disclosure under this chapter and title 39, chapter 1, pursuant to A.R.S. §38-431.03(A)(3), and (9), respectively

Reconvene Special Meeting

Mayor and Council possible direction regarding Executive Session RECOMMENDED MOTIONS: Direct and Authorize the City Attorney and/or designated City representatives to a) file a new lawsuit against Desert Mountain Energy to enforce the City’s contractual rights and protect the City’s Red Gap Ranch water resource investments and water supplies from the risk of contamination by DME’s helium extraction well; and b) continue litigating claims and counterclaims in City of Flagstaff v. Desert Mountain Energy, No. CV2020-00624 (Coconino Cnty. Super Ct.). Direct and authorize the City Attorney and/or designated City representatives to proceed as discussed in executive session regarding Desert Mountain Energy current application, and other future application(s), for exemption from aquifer protection permit(s) in the State of Arizona, and legislation related to aquifer protection permits in the State of Arizona. Direct and authorize the City Attorney and/or designated City Representatives to proceed as discussed in the executive session litigation update.

Adjournment