Others present: City Manager Josh Copley; City Attorney Sterling Solomon.

The following individuals addressed Council in support of Ordinance No. 2017-18:

• Emily Blink

• Tenia Betony
• Amy Begay
• Abigail Pambrooke-Sedillo
• Tyrone Larson
• Karime Arce
• Hunter Owens
• Veronica Vargas
• Jolynn Robbins
• Paul Deasy
• Tara L. Salce

The following comments were received:

• I am fearful of the effects of second hand smoke.
• Please pass the no smoking ordinance.
• 40,000 non-smokers die annually from second hand smoke exposure.
• No amount of exposure of second hand smoke is safe.
• It is important to prohibit smoking in public places.
• Cigerette butts are the most littered item in the world.
• A smoking ban will reduce environmental impacts.
• Smoking materials cause 12% of all grass fires.
• Vaping and use of e-cigarettes has exploded among the youth over the last five years; please include vaping and e-cigarettes in the ban.
• Coconino Anti-Tobacco Students and Arizona Students Aiming for Prevention would like to offer their help to educate, fundraise and provide signs in the parks.
• Public education and signs will reduce the use of tobacco.
• 92% of people in a recent survey favored a smoking ban in playground areas and 80% favor a smoking ban in parks.
• To date, 16 ordinances have been implemented for municipal parks throughout the country; five are using police enforcement, education and signs, the other 11 are using only educational signs and education.
• Please include all forms of tobacco products in the ordinance.
• Youth model behavior; if young children see people smoke and vape in parks it will seem normal and acceptable to them.
• Recently took children to a community event geared towards children and had a great time except people were smoking throughout the event. Many people left the event as a result.
• There are 7,000 toxic chemicals in cigarette smoke and e-cigarettes.
• E-cigarettes can have worse second hand effects than regular cigarettes.
• The EPA did a study on outside smoking; they found that toxic levels can be reached before a person even smells the smoke.
• The World Health Organization recommends having 100% smoke free parks and environments to protect children.

Gabor Kovacs addressed the Council in opposition of Ordinance No. 2017-18 stating that educating people is one thing but forcing people is another. Ordinances such as this will only continue to infringe on people’s rights.

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Ordinance No. 2017-18 by title only for the first time.

Councilmember McCarthy asked if the ordinance could include e-cigarettes and vaping. Mr. Solomon explained that the current City Code has a smoke free air section that was adopted before vaping was one of the ways to smoke. Vaping does not involve any kind of lighting so the definition does not fit. The code would need additional editing and his recommendation would be for e-cigarettes and vaping to be brought back as a separate item.

Councilmember Putzova requested information on how the Smoke Free Air ordinance has been enforced and what kind of citations have been given. She also asked for clarification on what the reasonable distance is from the park and if roadways and sidewalks are included. Mr. Copley stated that staff can prepare a CCR on the enforcement activities. The right-of-ways, sidewalks and areas outside the park are not included as part of the city parks. If someone went into the right-of-way, including the sidewalks, and smoked there it would be allowed.

Vice Mayor Whelan stated that the City Cemetery is experiencing an increase in smoking due to NAU being a non-smoking campus. She asked for the Council to consider amending the ordinance to include the cemetery.

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Charlie Odegaard to amend the motion to include City owned cemeteries in the ordinance.

Vote: 7 - 0 - Unanimously

Councilmember Putzova explained that she will not support the ordinance as written. All events through the permitting process should be tobacco free. Signs can be placed in the parks that ask the public to refrain from smoking or using tobacco; this does not require an ordinance. If the ordinance is to get to the issue of restricting smoke there are other ways to address the issue. The ordinance makes the community feel like it is doing something instead of taking harder actions. She will be asking for an agenda item on how to remove tobacco from the community entirely.

Motion to read Ordinance No. 2017-18 by title only for the first time as amended.

Vote: 6 - 1

NAY:

Councilmember Eva Putzova

Mr. Solomon explained that the dog-at-large ordinance will have minor changes in the ordinance for the final agenda.

Stephen Mossman addressed the Council providing a thank you to the organizations and for the court programs that work specifically with veterans, addicts and mentally ill people. The programs work together to create a permanent and stable situation for these people rather than become a burden on the state.

Community Investment Director David McIntire stated that the City has many partners to help the Flagstaff economy be prosperous and resilient. Mr. McIntire introduced Scott Hathcock with the Northern Arizona Center for Entrepreneurship and Technology (NACET).
 
Mr. Hathcock provided a PowerPoint presentation that covered the following:
 
8 MONTH PROGRESS SUMMARY
8 MONTH PROGRESS HIGHLIGHTS
MONTHLY RENTAL REVENUE
OCCUPANCY RESPONSIBILITY PER EDA BENCHMARKS
MOONSHOT
CURRICULUM BRANDING
CLIENT TRACK OVERVIEW
MONTHLY CALENDAR OF EVENTS
 
Mr. Hathcock introduced a few of the campus tenants; Dan Caspersik with Simple Surgical/POBA Medical, Ross and Kara Taylor with Love You Foods/F-Bomb and Kenny Greene with War2In.
 
Mr. Caspersik stated that NACET gave Simple Surgical and POBA Medical the ability to launch their businesses. The businesses will continue to grow and create jobs in Flagstaff.
 
Mr. Greene thanked the Council for their insight for the NACET concept and the campus. War2In is solving problems for a good cross-sectional representation in the community that includes students that were homeless, students who have moved off of economical support and veterans. Getting the opportunity to turn a concept into a business, and one that is changing lives is amazing.
 
Mr. and Mrs. Taylor offered that what started as a part time idea has now gone through three updates. With their current growth they will be leaving NACET before their two-year lease is up. They are projecting one million dollars in revenue this year and could not have done it without NACET and the City.
 
Mr. McIntire introduced John Stigman with the Economic Collaborative Of Northern Arizona (ECONA).
 
Mr. Stigman provided a PowerPoint presentation that covered the following:
 
ECONA CITY COUNCIL UPDATE
ECONA
VISION
KEY AREAS OF WORK
SECTOR STRATEGIES RESULTS & FUTURE GOALS
BIOSCIENCES DIGITAL INFRASTRUCTURE OTHER ECONOMIC DEVELOPMENT PLAN OF ENGAGEMENT
 
Councilmember Odegaard stated that the report briefly touched on the job loss with Navajo Generation; he asked if there is a transition plan. Mr. Stigmon explained that SRP will relocate the employees if the plant closes in 2019.
 
Mr. McIntire showed the video “Flagstaff Bioscience Roadmap 2017.”

Mayor Evans explained that she is looking for four Councilmembers to give direction to the City Manager to research other cities that have implemented municipal ID cards and craft an ordinance for consideration by Council.
 
Interim Assistant to the City Manager Gail Jackson provided a PowerPoint presentation that covered the following:
 
MUNICIPAL IDENTIFICATION IDS
WHAT ARE MUNICIPAL ID’S?
WHO’S DOING IT?
SAMPLE ID FRONT
SAMPLE ID BACK
BENEFITS/CONCERNS
WHAT ARE WE DOING NOW?
DISCUSSION
 
The following individuals addressed Council in favor of Municipal ID cards:

• Sandra Lubarsky
• Dr. Robert Neustadt
• Norm Wallen

The following comments were received:

• Anytime someone can use an ID card that is not linked to their social security number is a good thing.
• University ID cards are similar to the Municipal ID concept.
• The cards will benefit many and whenever one segment of the community benefits everyone benefits.
• People do not realize that Flagstaff has hundreds of people dealing with homelessness, many of which are veterans.
• People should be able to document and identify themselves.
• The cards will improve the quality of life for the community.
• The idea of businesses providing discounts to ID holders will help keep money in the community.
• Urge the Council to continue the discussion.
• The ID cards can be a benefit to many in the community.
• Many people in the community are pawns in a national political game; the City should not be part of that game.

Written comment cards in support of Municipal ID cards were submitted by the following individuals:

• Stephen Mossman
• Greta Murphy
• Jean Myers

Gabor Kovacs addressed Council in opposition of Municipal ID cards stating that citizens or legal residents in the Cty can get a state ID card.
 
Councilmember McCarthy asked what kind of documentation would be required to obtain an identification card. Ms. Jackson stated that most cities require some sort of documentation that provides proof of residency and identification.
 
Councilmember McCarthy stated that if someone has these things they can get a State ID card; he asked for an example of when the City would issue a card but the State would not. Mayor Evans offered that she works with a program that works with individuals who were previously incarcerated. There was an individual who only had prison identification and the State would not accept the ID as legal identification. With the assistance of the program he tracked down his birth certificate and social security card, a process that took four months. During that four-month period, he was unable to utilize services such as the library.
 
A majority of Council was interested in moving the item forward.

Airport Director Barney Helmick introduced Matt Quick with Coffman and Associates who provided a PowerPoint presentation that covered the following:
 
FLAGSTAFF AIRPORT MASTER PLAN
WHAT IS AN AIRPORT MASTER PLAN?
MASTER PLAN PROCESS
AIRPORT ROLE
AIRSIDE FACILITIES
LANDSIDE FACILITIES
AIRPORT ACTIVITY
FORECAST SUMMARY
ALTERNATIVE CONSIDERATIONS
METHODS OF STUDY INVOLVEMENT
NEXT STEPS…
 
Councilmember Barotz asked what the FAA’s role is in the process after the document is complete. Mr. Quick explained that it is a dialogue between the City and the FAA; the technical drawings will be submitted to the FAA for review and approval.
 
Vice Mayor Whelan noted that much of the data used in the report is from 2015; she asked if using data that is a few years old would affect the study. Mr. Quick stated that they pay attention to the trends that occurred in 2016 to see if there were any significant changes and adjust accordingly.
 
Councilmember Odegaard stated that there are cars parked at the airport for an extended amount of time; he asked if there is a way to control the parking with a more immediate solution. Mr. Helmick offered that there are currently selective patrols that are done and if a vehicle is identified the Police Department is contacted to attempt to contact the owner.

Mayor Evans stated that the item is a FAIR item that she brought forward for consideration. She originally supported not having signs in the City right-of-way (ROW) but after this election she would like the Council to reconsider that. During the last election several people came to her stating that their landlords would not allow them to put up certain signs in or on their property. Most people will not fight over something like this because many were impoverished and could not afford to go elsewhere if evicted. Public property is owned by all City residents and if a landlord will not allow a sign in the yard where a resident pays rent then they should be able to put it on property they own, which is the ROW.
 
Rick Lopez addressed Council in support of putting signs in the ROW stating that the ROW is widely used for marketing real estate. There is a law firm studying the Supreme Court ruling to determine if open house signs could be used without violating the court ruling.
 
Councilmember Putzova stated that during the elections the City did not enforce its own sign code and there were a lot of signs in the ROW. She is interested in revisiting the issue and would ask for consideration of a time limit for signs.
 
Vice Mayor Whelan asked for information on the Supreme Court ruling. Deputy City Attorney Kevin Fincel stated that case is Reed v. Gilbert. The case determined that there cannot be content-based restrictions for signs. If political signs are allowed then all other signs would be allowed as well. Currently the City allows nothing in the ROW.
 
Four members of Council are in favor of moving the item forward.

Flagstaff Metropolitan Planning Organization Manager Dave Wessel provided a PowerPoint presentation that covered the following:
 
BLUEPRINT 2040 BUILDING TO SUCCESS
FLAGSTAFF METROPOLITAN PLANNING ORGANIZATION
MISSION/VISION
BLUEPRINT 2040: REGIONAL TRANSPORTATION PLAN
RTP STEERING COMMITTEE
FLAGSTAFF REGIONAL PLAN 2030: PLACE MATTERS GUIDING PRINCIPLES, LAND USE &

• Jeff Meilbeck
• Walter Crutchfield

The following comments were received:

• Transit is a critical part of the city infrastructure.
• Five questions were proposed to voters and all five passed, transportation is a big issue.
• A commission or task force that reports directly to Council is a very compelling, direct and engaged way to receive input.
• Create a citizen task force and leverage the development community to get the best ideas.
• Ask for more than Traffic Impact Analysis.
• Consider park and rides and bus only lanes.

Councilmember Overton stated that over the last 20 years the City has benefited greatly from the current tax and there are tangible, positive results. The City has been forward thinking and putting together a group of citizens to formulate the Regional Transportation Plan (RTP) and priority list is an example of that. Whether a Council commission or a City Manager Task Force, the input received is valuable and will assist Council with making a decision.
 
It will be important to evaluate how the City approaches the community and messages the tax. It is not a transit question and that distinction is important. This is a really important question for the community and will set the direction for transportation efforts for the next 20 years.
 
Councilmember McCarthy stated that he believes that the Council commission approach is the best idea. He asked how the RTP Steering Committee will compare or differ from a Council commission. Mr. Wessel explained that the RTP Steering Committee was to advise him in putting together the RTP. The cast of characters will look similar in whatever form it takes and he anticipates some overlap and the conversations will be similar.
 
Councilmember Barotz stated that her concern is that the Council could be faced with making choices on what to put on the ballot. There are other things that will be coming forward for the ballot and by starting this process now it gives more time to educate the community and get the message out. There is a unique opportunity for the voters to be receptive in the education efforts and she would prefer the direct Council engagement option.
 
Councilmember Odegaard is also supportive of the direct Council engagement option. He expressed concern with the task force option in that if the Council decides not to go with any of their recommendations he does not want them to be disheartened with all the work they did. This was seen with the Regional Plan and the Charter Amendments. The community trusts the Council to come up with the best decisions and this is possible with the Council and community working together.
 
Vice Mayor Whelan offered that she is supportive of the Council commission because there are experts in the transportation field. Expertise, historical knowledge, and a level of transparency is what is needed in the process.
 
Councilmember Putzova expressed preference for the Council commission. She requested regular updates and briefings from the commission along the way. While she likes the direct Council engagement option she fears that the amount of meetings needed would slow the Council down on other items and issues.
 
Councilmember Barotz stated that with Council commissions in the past there has been little connection with the Council along the way, just a report and recommendation in the end. Historically, there have been quite a few times where commissions come forward and the Council rejects their recommendation. All the work the commission does may not be accepted by the Council and that needs to be communicated clearly up front. If the Council goes with a commission it will be very important to have constant communication and updates.
 
Mayor Evans explained that when the commission is set up it needs to be clear that the Council may not take every recommendation or idea and there may be many reasons why Council does not take the recommendations. She suggested that the Public Participation Policy be reviewed to be sure there is understanding on how the Council engages with a commission. Councilmember Overton added that giving the commission a clear mission and expectation will help and it is very important for Council to communicate why they are not taking some of the recommendations.
 
Mayor Evans stated that the direction is for a Council appointed commission.
 
Mr. Copley stated that staff will move forward rapidly with a process for empaneling the commission. A call to the public will be put out seeking applications; he is thinking 14 commissioners with two appointments per Councilmember.

Gabor Kovacs addressed Council regarding free speech and rules of public discourse.

Vice Mayor Whelan requested a CCR on the wildlife feeding ordinance.
 
Councilmember Barotz reported that she received a suggestion about installing signs in school zones that say in and out. She would like staff to consider the suggestion from an administrative perspective.
 
Councilmember Odegaard requested a FAIR item to discuss a charter amendment for the signature requirement calculation to get on the City ballot. Right now it is 5% of the last general election, someone would need 1,300 plus signatures with a maximum of 2,600.
 
Councilmember McCarthy requested a FAIR item for clarification of the law about e-cigarettes and vaping and to have them treated the same as other tobacco products. The code only addresses smoking and not vaping or e-cigarettes.
 
Councilmember Putzova requested a FAIR item to discuss focusing on creating a tobacco free community and thinking more comprehensively on what that might include. This will need a lot of legal input on what can or cannot be implemented with regard to selling, advertising, smoking in public ROW, smoking in private residences and smoking in cars with others present. She also requested clarification on if the City can post a sign that is not tied to an ordinance but rather asking a favor of acting in a certain way.
 
Councilmember Overton requested history and background information about the abandoned cemetery on Old Walnut Canyon Road.
 
Mayor Evans participated in the following events last week:

• Community update at Petes Café
• Spoke at the Firewise contest luncheon
• Met with Blues Hall of Famer Tommy Dukes
• Attended the National Mayors Challenge community thank you
• Attended FMPO and Coconino Water Advisory meetings
• Met with the University of Arizona Presidency Office
• Met with Dr. Clara Lovett, past president of NAU

Mayor Evans requested that the Public Participation Policy come back to Council for review.
 
Mayor Evans thanked the Coconino Board of Supervisors for hosting the City Council again.
 
Mr. Copley reminded Council that there is a Special Council Meeting on May 31, 2017 at 10:00 a.m. for the Federal Legislative update.