MINUTES
COMBINED SPECIAL MEETING/WORK SESSION
TUESDAY, SEPTEMBER 8, 2015
COUNCIL CHAMBERS
211 WEST ASPEN AVENUE
6:00 P.M.
TUESDAY, SEPTEMBER 8, 2015
COUNCIL CHAMBERS
211 WEST ASPEN AVENUE
6:00 P.M.
SPECIAL MEETING
1.
Call to Order
Mayor Nabours called the Special Meeting of the Flagstaff City Council of September 8, 2015, to order at 6:02 p.m.
2.
Pledge of Allegiance
The City Council and audience recited the Pledge of Allegiance.
3.
Roll Call
Others present: City Manager Josh Copley; City Attorney Michelle D'Andrea
| NOTE: | One or more Councilmembers may be in attendance telephonically or by other technological means. |
|
PRESENT MAYOR NABOURS VICE MAYOR BAROTZ COUNCILMEMBER BREWSTER COUNCILMEMBER EVANS COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT NONE |
Others present: City Manager Josh Copley; City Attorney Michelle D'Andrea
4.
Consideration and Adoption of Ordinance No. 2015-18: An ordinance to enter into a second Amendment to Development Agreement (DA) with Nestle-Purina Petcare Company to extend the agreement and underlying lease for up to six months (Possible extension of development agreement with Nestle-Purina).
Business Retention and Expansion Manager John Saltonstall provided a PowerPoint Presentation that covered the following:
OVERVIEW
SUMMARY OF EXISTING DEVELOPMENT AGREEMENT AND GOVERNMENT PROPERTY
OVERVIEW
SUMMARY OF EXISTING DEVELOPMENT AGREEMENT AND GOVERNMENT PROPERTY
LEASE EXCISE TAX (GPLET) LEASE
REASONS FOR EXTENSION REQUEST
OPTIONS
Councilmember Oravits clarified that the request is to extend the agreement and lease for six months so Purina can explore the feasibility of a deodorizing mechanism and come back after that for possible further action. If the mechanism is not feasible then the development agreement and GPLET lease will terminate as planned.
Councilmember Putzova recommended removing the section of Recital I that discusses Purina’s tax savings because it may lead to an impression that the savings were not realized because of something that the City has done which is not the case. If it is not removed she suggested including information about what the savings were rather than saying they were far less.
Councilmember Putzova then suggested a change to the Research section of the agreement. She would like the first sentence to read “During the Extension Period, at its own expense, Purina will explore whether it is financially and technically feasible to purchase and install equipment at the Purina facility in Flagstaff to measurably minimize odor from the Purina Facility.”
Ms. D’Andrea explained that the agreement is not in final form yet, and staff is still involved with negotiations with Purina. She asked that Council offer some leeway for the language and stated that the final document will be available to the Council at the second reading.
Vice Mayor Barotz asked if staff is able to clarify the total savings realized by Purina. Mr. Saltonstall stated that the total savings to date is approximately $2.5 million. Management Services Director Barbara Goodrich stated that the $2.5 million is the accumulated savings from both GPLETs. There are also additional savings realized from the first GPLET that ran from 2003 through 2008 in the amount of approximately $500,000. GPLET two was to add another $3.5 million to what they realized from the first GPLET.
The following individuals addressed Council in favor of extending the Purina GPLET:
Councilmember Putzova recommended removing the section of Recital I that discusses Purina’s tax savings because it may lead to an impression that the savings were not realized because of something that the City has done which is not the case. If it is not removed she suggested including information about what the savings were rather than saying they were far less.
Councilmember Putzova then suggested a change to the Research section of the agreement. She would like the first sentence to read “During the Extension Period, at its own expense, Purina will explore whether it is financially and technically feasible to purchase and install equipment at the Purina facility in Flagstaff to measurably minimize odor from the Purina Facility.”
Ms. D’Andrea explained that the agreement is not in final form yet, and staff is still involved with negotiations with Purina. She asked that Council offer some leeway for the language and stated that the final document will be available to the Council at the second reading.
Vice Mayor Barotz asked if staff is able to clarify the total savings realized by Purina. Mr. Saltonstall stated that the total savings to date is approximately $2.5 million. Management Services Director Barbara Goodrich stated that the $2.5 million is the accumulated savings from both GPLETs. There are also additional savings realized from the first GPLET that ran from 2003 through 2008 in the amount of approximately $500,000. GPLET two was to add another $3.5 million to what they realized from the first GPLET.
The following individuals addressed Council in favor of extending the Purina GPLET:
- Bonnie Bouschet
- Walter Crutchfield
- Amy Kurr
- One of the things that has been a detriment has been the odor emission from Nestle. When the Marketplace opened in 2007 there were several pads for restaurants proposed and prospective vendors have come back and said it is not feasible with the odor. This could be a positive for the community, east side, mall and Marketplace for that odor to be reduced.
- The Harkins Theatres by the mall and the pad sites near that are starting construction soon. The Developer echoes the sentiments of the Marketplace and support the extension of the agreement so work can be done to mitigate the issue. The City has a great company like Nestle Purina but a bad odor.
- Purina continues to grow and expand and this growth has pushed the plant to an extended operation. We want to be a good neighbor and want to look for different ways of mitigating the odor coming from the plant. This is a voluntary effort as we are in compliance with all the air quality standards but we are hoping to find a way to get this work completed.
Moved by Councilmember Coral Evans, seconded by Councilmember Karla Brewster to read Ordinance No. 2015-18 by title only for the first time.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AUTHORIZING THE CITY OF FLAGSTAFF TO ENTER INTO A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT AMENDING THE DEVELOPMENT AGREEMENT WITH NESTLE PURINA PETCARE COMPANY TO ALLOW TEMPORARY EXTENSION OF AGREEMENT AND UNDERLYING LEASE; PROVIDING FOR A REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
5.
Adjournment
The Special Meeting of the Flagstaff City Council of September 8, 2015, adjourned at 6:28 p.m.
WORK SESSION
1.
Call to Order
Mayor Nabours called the Flagstaff City Council Work Session of September 8, 2015, to order at 6:28 p.m.
2.
Public Participation
Public Participation enables the public to address the council about items that are not on the prepared agenda. Public Participation appears on the agenda twice, at the beginning and at the end of the work session. You may speak at one or the other, but not both. Anyone wishing to comment at the meeting is asked to fill out a speaker card and submit it to the recording clerk. When the item comes up on the agenda, your name will be called. 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 to have 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.
Public Participation enables the public to address the council about items that are not on the prepared agenda. Public Participation appears on the agenda twice, at the beginning and at the end of the work session. You may speak at one or the other, but not both. Anyone wishing to comment at the meeting is asked to fill out a speaker card and submit it to the recording clerk. When the item comes up on the agenda, your name will be called. 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 to have 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.
Ward Davis addressed Council in regards to the need for additional funding for water conservation in an effort to push off Red Gap Ranch.
John Viktora addressed Council in regards to freedom of speech.
George Averbeck addressed Council in regards to the transient population and blight issues downtown.
John Viktora addressed Council in regards to freedom of speech.
George Averbeck addressed Council in regards to the transient population and blight issues downtown.
3.
Preliminary Review of Draft Agenda for the September 15, 2015, City Council Meeting*
* Public comment on draft agenda items may be taken under “Review of Draft Agenda Items” later in the meeting, at the discretion of the Mayor. Citizens wishing to speak on agenda items not specifically called out by the City Council for discussion under the second Review section may submit a speaker card for their items of interest to the recording clerk.
A. Review of Ordinance No. 2015-16: Revisions to the City's Animal Keeping Code
Sustainability Specialist McKenzie Jones provided a PowerPoint presentation that covered the following:
Sustainability Specialist McKenzie Jones provided a PowerPoint presentation that covered the following:
PROPOSED CHANGES TO THE LIVESTOCK ANIMAL KEEPING CODE
OVERVIEW
LARGE LIVESTOCK
SMALL LIVESTOCK
BEEKEEPING
COMMUNITY FEEDBACK
Councilmember Oravits asked how the quantities of animals were determined. Ms. Jones explained that staff looked at how much the average family would need to feed their family partnered with the amount of land available. The proposed changes were modeled heavily on Fort Collins’ City Code. Councilmember Oravits asked if there is a corresponding ordinance that relates to the cleanup of the waste created by livestock and what that will entail. Ms. Jones stated that there is language regarding the larger animals and all livestock animals that relates to sound and smell; the Code will be similar to that already in place for dogs.
Councilmember Evans stated that there is a lot of concern about the removal of waste. She wants to know what the enforcement will look like for these types of situations. Comprehensive Planning and Code Administrator Roger Eastman stated that he will provide that information at the next meeting. Councilmember Evans stated that she would like to see included in the Code guidelines for waste removal, how far from the property line waste can collect and how often that waste needs to be removed. Mr. Eastman stated that the Code, as it is written now, is more general than that; if a police officer determines there is a nuisance someone can be cited.
Councilmember Putzova asked for information about the impact to the water utility infrastructure, if any. It would be great to see how this proposal applies and theoretically how many properties can accommodate these animals so people can get an idea of what to expect.
Councilmember Oravits asked what the process is now with regards to dogs and odor. Ms. Jones explained that it is entirely complaint driven. Someone can call Code Enforcement or Animal Control to file a complaint; it can be specific to an animal or structure. In speaking with the current Animal Enforcement Officer he stated that he receives approximately two or three calls a month mainly concerning chickens that have gotten out of their owner’s yard.
Mayor Nabours stated that one provision states that to have large livestock you need a half acre of open space for each animal but the chart says that under 40,000 square feet someone could have four cows or three horses; that does not equate to a half acre for each. Ms. Jones stated that the numbers had been recently modified and it appears that one was missed. She stated that she will correct those figures before the next meeting.
Councilmember Overton asked for an explanation of why the City is looking into allowing livestock and how the Code may be too restrictive or not restrictive enough. Ms. Jones stated that for a long time there have been issues in understanding the existing Code and staff has been looking at making changes to the Code to make it clearer. During the Zoning Code and Regional Plan process there were many questions about if chickens can be kept and the Sustainability Section gets many calls with the same question. The Code is prohibitive for a vast majority of people in the city and there is a large desire for people to be able to keep chickens especially. This is an effort to address the Code for both small and large livestock. Staff has done extensive research on how this affects people and many feel this is a step in the right direction.
Councilmember Evans stated that she would like additional information about where the ER and RR zones are in the City.
Councilmember Putzova stated that the proposal does not allow slaughter on the property but the purpose was a desire for people to provide food for their families. She would like to know what services are available for the slaughtering of livestock and if possible, she would like to hear from people who own animals currently and what they do. Ms. Jones stated that she has done some research on this issue and as far as she has been able to determine there is not anyone who slaughters chickens in the Flagstaff area. The small game processors do not provide that kind of service.
Councilmember Oravits stated that this Code would not supersede Homeowner’s Association restrictions on animal keeping. Ms. Jones stated that he is correct and to her knowledge almost all homeowner’s associations do not allow chicken keeping.
David McCain addressed Council stating that Friends of Flagstaff’s Future has urged the City to change its Code to allow residents to raise small livestock. Raising animals for food is the most economical access to food available. Councilmember Evans clarified that she does not have an issue with raising local; she is concerned with the number of animals allowed. A lot of people choose to live in the City because they do not want a farm next door. She asked Mr. McCain if Friends of Flagstaff’s Future would oppose the lowering of the number of livestock allowed. Ms. McCain stated that they are supporting the intent of the change and want to ensure compatibility with the urban environment. Councilmember Putzova asked if they have a stance on slaughter. Mr. McCain stated that they have not discussed the option of slaughter and therefore have no opinion at this time. Councilmember Putzova stated that she would be interested in hearing what their position is once discussed.
OVERVIEW
LARGE LIVESTOCK
SMALL LIVESTOCK
BEEKEEPING
COMMUNITY FEEDBACK
Councilmember Oravits asked how the quantities of animals were determined. Ms. Jones explained that staff looked at how much the average family would need to feed their family partnered with the amount of land available. The proposed changes were modeled heavily on Fort Collins’ City Code. Councilmember Oravits asked if there is a corresponding ordinance that relates to the cleanup of the waste created by livestock and what that will entail. Ms. Jones stated that there is language regarding the larger animals and all livestock animals that relates to sound and smell; the Code will be similar to that already in place for dogs.
Councilmember Evans stated that there is a lot of concern about the removal of waste. She wants to know what the enforcement will look like for these types of situations. Comprehensive Planning and Code Administrator Roger Eastman stated that he will provide that information at the next meeting. Councilmember Evans stated that she would like to see included in the Code guidelines for waste removal, how far from the property line waste can collect and how often that waste needs to be removed. Mr. Eastman stated that the Code, as it is written now, is more general than that; if a police officer determines there is a nuisance someone can be cited.
Councilmember Putzova asked for information about the impact to the water utility infrastructure, if any. It would be great to see how this proposal applies and theoretically how many properties can accommodate these animals so people can get an idea of what to expect.
Councilmember Oravits asked what the process is now with regards to dogs and odor. Ms. Jones explained that it is entirely complaint driven. Someone can call Code Enforcement or Animal Control to file a complaint; it can be specific to an animal or structure. In speaking with the current Animal Enforcement Officer he stated that he receives approximately two or three calls a month mainly concerning chickens that have gotten out of their owner’s yard.
Mayor Nabours stated that one provision states that to have large livestock you need a half acre of open space for each animal but the chart says that under 40,000 square feet someone could have four cows or three horses; that does not equate to a half acre for each. Ms. Jones stated that the numbers had been recently modified and it appears that one was missed. She stated that she will correct those figures before the next meeting.
Councilmember Overton asked for an explanation of why the City is looking into allowing livestock and how the Code may be too restrictive or not restrictive enough. Ms. Jones stated that for a long time there have been issues in understanding the existing Code and staff has been looking at making changes to the Code to make it clearer. During the Zoning Code and Regional Plan process there were many questions about if chickens can be kept and the Sustainability Section gets many calls with the same question. The Code is prohibitive for a vast majority of people in the city and there is a large desire for people to be able to keep chickens especially. This is an effort to address the Code for both small and large livestock. Staff has done extensive research on how this affects people and many feel this is a step in the right direction.
Councilmember Evans stated that she would like additional information about where the ER and RR zones are in the City.
Councilmember Putzova stated that the proposal does not allow slaughter on the property but the purpose was a desire for people to provide food for their families. She would like to know what services are available for the slaughtering of livestock and if possible, she would like to hear from people who own animals currently and what they do. Ms. Jones stated that she has done some research on this issue and as far as she has been able to determine there is not anyone who slaughters chickens in the Flagstaff area. The small game processors do not provide that kind of service.
Councilmember Oravits stated that this Code would not supersede Homeowner’s Association restrictions on animal keeping. Ms. Jones stated that he is correct and to her knowledge almost all homeowner’s associations do not allow chicken keeping.
David McCain addressed Council stating that Friends of Flagstaff’s Future has urged the City to change its Code to allow residents to raise small livestock. Raising animals for food is the most economical access to food available. Councilmember Evans clarified that she does not have an issue with raising local; she is concerned with the number of animals allowed. A lot of people choose to live in the City because they do not want a farm next door. She asked Mr. McCain if Friends of Flagstaff’s Future would oppose the lowering of the number of livestock allowed. Ms. McCain stated that they are supporting the intent of the change and want to ensure compatibility with the urban environment. Councilmember Putzova asked if they have a stance on slaughter. Mr. McCain stated that they have not discussed the option of slaughter and therefore have no opinion at this time. Councilmember Putzova stated that she would be interested in hearing what their position is once discussed.
B. Review of Consideration and Approval of Contract: Street Lighting in Support of
Dark Skies RFP 2015-69 (Approve contract with Monrad Engineering, Inc. for the
development of an installation and light management plan in the amount of
$100,000)
Dark Skies RFP 2015-69 (Approve contract with Monrad Engineering, Inc. for the
development of an installation and light management plan in the amount of
$100,000)
Flagstaff Metropolitan Planning Organization (FMPO) Manager Dave Wessel provided a PowerPoint presentation that covered the following:
STREET LIGHTING FOR ENHANCING DARK SKIES (SLEDS)
SCOPE OF WORK
Councilmember Brewster stated that the company sounds like they have everything in place to do the work and asked if they have worked with any other communities regarding dark skies. Mr. Wessel stated that the owners have been part of the International Dark Skies Association and work has been done in Tucson in coordination with the observatories there.
Mayor Nabours asked if FMPO is funding the study. Mr. Wessel stated yes the FMPO is funding the study. The FMPO recently funded a series of light replacement phases and at that time the City had thought that they had come to an agreement with the observatories for replacement. That proved incorrect and the FMPO ended up hosting a conference with Lowell Observatory where a lot was learned. Funding this study will allow the City and the Observatories to come to an agreement on what kind of lighting should be used for the replacements.
Councilmember Putzova asked if the overall intent is to maintain the current level of light or to enhance the dark skies. Mr. Wessel explained that there is some question as to if the City can maintain the current standards with as low as the lighting is now. Staff is continuing to look at that with pole locations and still meet the dark skies expectations. Bandwidth will be something that is watched closely and whether there are opportunities to work around the spectrum. The goal is to maintain the dark skies and they do not anticipate much increased light.
Vice Mayor Barotz suggested that the observatory be invited to a work session after the study is complete to allow them an opportunity to give their feedback on the recommendations from the consultants.
STREET LIGHTING FOR ENHANCING DARK SKIES (SLEDS)
SCOPE OF WORK
Councilmember Brewster stated that the company sounds like they have everything in place to do the work and asked if they have worked with any other communities regarding dark skies. Mr. Wessel stated that the owners have been part of the International Dark Skies Association and work has been done in Tucson in coordination with the observatories there.
Mayor Nabours asked if FMPO is funding the study. Mr. Wessel stated yes the FMPO is funding the study. The FMPO recently funded a series of light replacement phases and at that time the City had thought that they had come to an agreement with the observatories for replacement. That proved incorrect and the FMPO ended up hosting a conference with Lowell Observatory where a lot was learned. Funding this study will allow the City and the Observatories to come to an agreement on what kind of lighting should be used for the replacements.
Councilmember Putzova asked if the overall intent is to maintain the current level of light or to enhance the dark skies. Mr. Wessel explained that there is some question as to if the City can maintain the current standards with as low as the lighting is now. Staff is continuing to look at that with pole locations and still meet the dark skies expectations. Bandwidth will be something that is watched closely and whether there are opportunities to work around the spectrum. The goal is to maintain the dark skies and they do not anticipate much increased light.
Vice Mayor Barotz suggested that the observatory be invited to a work session after the study is complete to allow them an opportunity to give their feedback on the recommendations from the consultants.
4.
Visit Cool Update
Convention and Visitor Bureau (CVB) Marketing and Public Relations Manager Heather Ainardi provided a PowerPoint presentation that covered the following:
FLAGSTAFF COOL ZONE
#VISITCOOL
PARTNERS
VISITCOOL WEBSITE
ADVERTISING
FACEBOOK
LAUNCH
VISITCOOL LOCATIONS
MEDIA
VISITCOOL SCAVENGER HUNT
YEAR-LONG PROMOTION
UPCOMING PROMOTIONS
Councilmember Brewster asked if they are still doing wraps on the light rail trains in Phoenix. Ms. Ainardi explained that wraps were done in the past, but the CVB no longer has the budget to continue. However, this allows staff to utilize new ideas to keep things fresh and make sure people do not see the same things over and over.
Councilmember Oravits stated that the Cool Zone is very big and very obvious. The event was well attended and very cool. Having the temperature gauge was a great idea and the project overall is great branding and rebranding of Flagstaff. There is a big challenge ahead in keeping the ideas flowing.
A break was held from 7:36 p.m. through 7:46 p.m.
FLAGSTAFF COOL ZONE
#VISITCOOL
PARTNERS
VISITCOOL WEBSITE
ADVERTISING
LAUNCH
VISITCOOL LOCATIONS
MEDIA
VISITCOOL SCAVENGER HUNT
YEAR-LONG PROMOTION
UPCOMING PROMOTIONS
66 KICKS ON ROUTE 66
FLAGSTAFF SELFIE TRAIL SELFIE SEPTEMBER
FLAGSTAFF SELFIE TRAIL SELFIE SEPTEMBER
Councilmember Brewster asked if they are still doing wraps on the light rail trains in Phoenix. Ms. Ainardi explained that wraps were done in the past, but the CVB no longer has the budget to continue. However, this allows staff to utilize new ideas to keep things fresh and make sure people do not see the same things over and over.
Councilmember Oravits stated that the Cool Zone is very big and very obvious. The event was well attended and very cool. Having the temperature gauge was a great idea and the project overall is great branding and rebranding of Flagstaff. There is a big challenge ahead in keeping the ideas flowing.
A break was held from 7:36 p.m. through 7:46 p.m.
5.
Update on Management Plans Related to Plastic Bags
Sustainability Manager Nicole Woodman provided a brief update on the City’s plastic bag management plans.
The City of Flagstaff has considered plastic bag management three times in calendar year 2015. A City Manager focus group was formed with the goal of finding a common solution for plastic bag management; following the formation of the group, the State of Arizona Legislature passed Senate Bill 1241 that prohibits cities, towns and counties from charging a fee or banning the use of “auxiliary containers” such as plastic bags.
Discussions among staff, the Sustainability Commission and City Manager focus group led to three options:
Mayor Nabours stated that when the Council toured the recycling plant there was literally a shower of plastic bags coming down the machinery. It became obvious that people in Flagstaff are willing to recycle and place those items in the recycle cans. It is important to better educate on the appropriate disposal of plastic bags. He asked if stores would entertain having a sign at the entrance that says “Did you remember your bags?” to encourage more use of reusable bags. Ms. Woodman stated that there is still a lot of interest in the community about plastic bags and it is important to continue getting information out to the community. Staff will continue to collaborate with businesses in town along with the grocery stores to encourage the use of reusable bags and appropriately recycling plastic bags.
Councilmember Brewster states that she continues to have trouble knowing where the containers are to recycle plastic bags at the stores. She stated that if people are asked to recycle plastic bags the receptacles need to be accessible and visible. Ms. Woodman stated that the grocery stores in town that participate in bag central station do so on a voluntary basis and it is up to the store to determine placement and signage.
Councilmember Evans stated that she is disappointed in the State and suggested that the City look at legal options. She also suggested that staff look for plastic bag recycling locations that are not affiliated with a traditional grocery store. Ms. Woodman explained that the City does not have a program for processing the bags that would be collected at those locations. Mayor Nabours asked if the grocery stores would take the bags that the City collects at alternate locations. Ms. Woodman stated that it is not something that has been discussed with the grocery stores before but is an idea that can be looked into.
Councilmember Putzova stated that there is no way of knowing what happens to the bags once they reach Phoenix. There is no evidence that these bags get recycled. Ms. Woodman agreed stating that the City is not privy to that information. Staff’s focus has been addressing the reduction at the start and not just the recycling.
Mayor Nabours asked if there are stores that provide an incentive to bring and use reusable bags. Ms. Woodman explained that there are a handful of stores that provide a five cent rebate on bags but most do not; Sprouts, Target, Whole Foods, and Natural Grocers provide the rebate. Mayor Nabours suggested that the program could be expanded with the City promoting it.
Ms. Woodman stated that as a model staff is working with Economic Vitality and the Downtown Business Alliance to introduce a reusable bag for downtown businesses that would provide a credit or discount to the customer when those bags are used. Staff is trying to identify creative ways to promote the cause.
Councilmember Putzova stated that it is important to work with businesses and the best thing would be if businesses voluntarily eliminate the use of plastic bags.
Councilmember Oravits stated that when staff comes back to Council with the education campaign he would like to see and understand the target and the benchmark and how staff plans to measure success.
The following individuals addressed Council in favor of reducing the use of plastic bags:
The City of Flagstaff has considered plastic bag management three times in calendar year 2015. A City Manager focus group was formed with the goal of finding a common solution for plastic bag management; following the formation of the group, the State of Arizona Legislature passed Senate Bill 1241 that prohibits cities, towns and counties from charging a fee or banning the use of “auxiliary containers” such as plastic bags.
Discussions among staff, the Sustainability Commission and City Manager focus group led to three options:
- File a lawsuit against the State of Arizona. This option is not recommended due to time, expense, defensibility, and other priorities for the City.
- Develop and execute a City of Flagstaff operated plastic bag recycling program. This option would include wide scale collection of commercial and residential plastic bags and the sale of plastic bag material to the private sector. This option is not recommended due to the significant cost to initiate the program and the greater need to invest time and resources into the existing residential and commercial recycling program.
- Continue to execute a modestly funded recycling education initiative and plastic bag use reduction campaign. The Sustainability Program allocates 15% of its operating budget to recycling education. Staff provides in-person waste prevention and recycling education as well as distributes recycling information to customers. Reusable bags are also distributed to the community. This month, staff will launch the MyWaste website and smartphone app. This will provide personalized waste and recycling collection information to City customers, recycling and disposal instruction, as well as communication and engagement tools. This option is recommended.
Mayor Nabours stated that when the Council toured the recycling plant there was literally a shower of plastic bags coming down the machinery. It became obvious that people in Flagstaff are willing to recycle and place those items in the recycle cans. It is important to better educate on the appropriate disposal of plastic bags. He asked if stores would entertain having a sign at the entrance that says “Did you remember your bags?” to encourage more use of reusable bags. Ms. Woodman stated that there is still a lot of interest in the community about plastic bags and it is important to continue getting information out to the community. Staff will continue to collaborate with businesses in town along with the grocery stores to encourage the use of reusable bags and appropriately recycling plastic bags.
Councilmember Brewster states that she continues to have trouble knowing where the containers are to recycle plastic bags at the stores. She stated that if people are asked to recycle plastic bags the receptacles need to be accessible and visible. Ms. Woodman stated that the grocery stores in town that participate in bag central station do so on a voluntary basis and it is up to the store to determine placement and signage.
Councilmember Evans stated that she is disappointed in the State and suggested that the City look at legal options. She also suggested that staff look for plastic bag recycling locations that are not affiliated with a traditional grocery store. Ms. Woodman explained that the City does not have a program for processing the bags that would be collected at those locations. Mayor Nabours asked if the grocery stores would take the bags that the City collects at alternate locations. Ms. Woodman stated that it is not something that has been discussed with the grocery stores before but is an idea that can be looked into.
Councilmember Putzova stated that there is no way of knowing what happens to the bags once they reach Phoenix. There is no evidence that these bags get recycled. Ms. Woodman agreed stating that the City is not privy to that information. Staff’s focus has been addressing the reduction at the start and not just the recycling.
Mayor Nabours asked if there are stores that provide an incentive to bring and use reusable bags. Ms. Woodman explained that there are a handful of stores that provide a five cent rebate on bags but most do not; Sprouts, Target, Whole Foods, and Natural Grocers provide the rebate. Mayor Nabours suggested that the program could be expanded with the City promoting it.
Ms. Woodman stated that as a model staff is working with Economic Vitality and the Downtown Business Alliance to introduce a reusable bag for downtown businesses that would provide a credit or discount to the customer when those bags are used. Staff is trying to identify creative ways to promote the cause.
Councilmember Putzova stated that it is important to work with businesses and the best thing would be if businesses voluntarily eliminate the use of plastic bags.
Councilmember Oravits stated that when staff comes back to Council with the education campaign he would like to see and understand the target and the benchmark and how staff plans to measure success.
The following individuals addressed Council in favor of reducing the use of plastic bags:
- David McCain
- Andy Fernandez
- Friends of Flagstaff’s Future continue to be very interested in the issue and would like to see the City stand up for their rights and sue the State for their overreaching.
- Suggest establishing a baseline measure of recycling and periodically re-measure to evaluate effectiveness.
6.
Boards and Commissions: Process Update
City Clerk Elizabeth Burke provided a PowerPoint presentation that covered the following:
AGENDA
CURRENT BOARD/COMMISSIONS
BACKGROUND
HOW BOARDS/COMMISSIONS/COMMITTEES ARE CREATED
Deputy City Clerk Stacy Saltzburg continued the presentation.
SPECIALTY APPOINTMENTS
COUNCIL INTERVIEW TEAM SELECTION
EXAMPLE OF OPTION THREE
EXAMPLE OF OPTION FOUR
STATUS OF DIVERSITY AWARENESS COMMISSION
UPDATE – STREAMING
COUNCIL DIRECTION
After discussion the Council directed staff to change the process for determining the Council Interview Team; instead of assigning two Councilmembers from a rotating list they asked that a random rotation of Councilmembers be determined for each individual commission. When appointments come up for commissions one Councilmember is assigned for each vacancy from the list for that particular commission. The hope is that this new process will provide a more consistent and fair approach to how Councilmembers are selected to make appointments.
With regards to the specialty appointments the Council determined that they would like to take a closer look at defining the criteria of qualifications for the specialty appointments. The City Clerk will bring forward the discussion at a future meeting.
The Council also determined that they would like to move forward with re-starting the Commission on Diversity Awareness since there has recently been an increase in interest from the community.
Councilmember Evans and Vice Mayor Barotz left the meeting at 9:10 p.m.
AGENDA
CURRENT BOARD/COMMISSIONS
BACKGROUND
HOW BOARDS/COMMISSIONS/COMMITTEES ARE CREATED
Deputy City Clerk Stacy Saltzburg continued the presentation.
SPECIALTY APPOINTMENTS
COUNCIL INTERVIEW TEAM SELECTION
EXAMPLE OF OPTION THREE
EXAMPLE OF OPTION FOUR
STATUS OF DIVERSITY AWARENESS COMMISSION
UPDATE – STREAMING
COUNCIL DIRECTION
After discussion the Council directed staff to change the process for determining the Council Interview Team; instead of assigning two Councilmembers from a rotating list they asked that a random rotation of Councilmembers be determined for each individual commission. When appointments come up for commissions one Councilmember is assigned for each vacancy from the list for that particular commission. The hope is that this new process will provide a more consistent and fair approach to how Councilmembers are selected to make appointments.
With regards to the specialty appointments the Council determined that they would like to take a closer look at defining the criteria of qualifications for the specialty appointments. The City Clerk will bring forward the discussion at a future meeting.
The Council also determined that they would like to move forward with re-starting the Commission on Diversity Awareness since there has recently been an increase in interest from the community.
Councilmember Evans and Vice Mayor Barotz left the meeting at 9:10 p.m.
7.
Policy discussion on proposed amendments to Chapters 10-10 and 10-20 of the Flagstaff Zoning Code
Mayor Nabours stated that item 7 would be postponed to a later meeting due to the lateness of the meeting and because a couple of Councilmembers had to leave the meeting.
8.
Review of Draft Agenda Items for the September 15, 2015, City Council Meeting*
* Public comment on draft agenda items will be taken at this time, at the discretion of the Mayor.
None
9.
Public Participation
None
10.
Informational Items To/From Mayor, Council, and City Manager; future agenda item requests
Councilmember Oravits would like information on the feasibility of regulating transactions that occur between occupants of vehicles in traffic with pedestrians on the sidewalk. Mayor Nabours stated that there have been a number of legal requests recently and Ms. D’Andrea is putting them all together to be discussed at an upcoming Executive Session.
Councilmember Oravits stated that a letter has been sent to the City Council along with the City Manager regarding the 250 acres of City owned land south of Ponderosa Trails and the North Slopes Homeowners Association has raised concern about forest fires. He requested an email or memo giving information about if there is a possibility of treating the forest in that area in the near future.
Councilmember Oravits also noted that he spoke with Arizona Department of Veteran Services and heard that they have recommended to the Governor’s office to fund $9.2 million for a veteran’s home in Flagstaff.
Mr. Copley reminded Council about the United Way kickoff luncheon scheduled for September 9, 2015 and the renaming of the Flagstaff Recreation Center scheduled for September 10, 2015 at 5:00 p.m.
Councilmember Oravits stated that a letter has been sent to the City Council along with the City Manager regarding the 250 acres of City owned land south of Ponderosa Trails and the North Slopes Homeowners Association has raised concern about forest fires. He requested an email or memo giving information about if there is a possibility of treating the forest in that area in the near future.
Councilmember Oravits also noted that he spoke with Arizona Department of Veteran Services and heard that they have recommended to the Governor’s office to fund $9.2 million for a veteran’s home in Flagstaff.
Mr. Copley reminded Council about the United Way kickoff luncheon scheduled for September 9, 2015 and the renaming of the Flagstaff Recreation Center scheduled for September 10, 2015 at 5:00 p.m.
11.
Adjournment
The Work Session of the Flagstaff City Council held September 8, 2015, adjourned at 9:14 p.m.
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_______________________________ MAYOR |
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ATTEST: |
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_________________________________ CITY CLERK |
CERTIFICATION
| STATE OF ARIZONA | ) | |
| ) | ss. | |
| Coconino County | ) |
I, ELIZABETH A. BURKE, do hereby certify that I am the City Clerk of the City of Flagstaff, County of Coconino, State of Arizona, and that the above Minutes are a true and correct summary of the Meeting of the Council of the City of Flagstaff held on September 8, 2015. I further certify that the Meeting was duly called and held and that a quorum was present.
| DATED this 20th day of October, 2015. | |
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________________________________ CITY CLERK |