CITY COUNCIL REGULAR MEETING
TUESDAY, OCTOBER 3, 2017
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN
4:30 P.M. AND 6:00 P.M.
TUESDAY, OCTOBER 3, 2017
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN
4:30 P.M. AND 6:00 P.M.
MINUTES
1.
CALL TO ORDER
Vice Mayor Whelan called the Regular Meeting of the Flagstaff City Council held October 3, 2017, to order at 4:30 p.m.
Vice Mayor Whelan called the Regular Meeting of the Flagstaff City Council held October 3, 2017, to order at 4:30 p.m.
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).
2.
ROLL CALL
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: VICE MAYOR WHELAN COUNCILMEMBER BAROTZ COUNCILMEMBER MCCARTHY COUNCILMEMBER ODEGAARD COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: MAYOR EVANS |
Others present: City Manager Josh Copley and City Attorney Sterling Solomon.
3.
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
Councilmember McCarthy led the audience and City Council in the Pledge of Allegiance and Councilmember Barotz read the Mission Statement of the City of Flagstaff.
MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
4.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
A.
Consideration and Approval of Minutes: City Council Retreat of January 19, 2017; Work Session of May 9, 2017; Joint Work Session of September 14, 2017; and Regular Council Meeting of September 19, 2017.
The following corrections were requested: on the minutes of the September 19, 2017, Regular Meeting the vote re an amendment to the original motion should have been 3-4 rather than 2-5; under Information, changing condoning to condemning and change wording in the same sentence to read, "offered comments in response to social media posts made about."
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to approve the minutes of the City Council Retreat of January 19, 2017; Work Session of May 9, 2017; Joint Work Session of September 14, 2017; and Regular Council Meeting of September 19, 2017, as amended.
Vote: 6 - 0 - Unanimously
5.
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.
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.
Anthony Garcia, speaking on behalf of himself, commented on the need to include the Beautification and Public Art Commission in discussions on proposed projects throughout the community that may be considered art, such as the recent street mural. He said that he supports the Tourism Commission and the Convention and Visitors Bureau (CVB), and they have had great art pieces in the past that were not as controversial.
6.
PROCLAMATIONS AND RECOGNITIONS
None
None
7.
LIQUOR LICENSE PUBLIC HEARINGS
Vice Mayor Whelan opened the Public Hearing for both liquor license applications.
Sgt. Gary Jay of the Flagstaff Police Department reviewed each of the applications. He explained that currently La Vetta has a Series 12, Restaurant, license, but they recently purchased a Series 6, bar, license. In order to keep the Series 6, which is a quota license, active it must be used so they will make their Series 12 inactive until improvements are made in the old Maloney's building where the Series 6 license will then be transferred.
Councilmember McCarthy said that he read in the staff summary that one of the principals of LaVetta was recently arrested for an extreme DUI, and he had concerns with such a person being in charge of a liquor license. He said that it is a privilege to have a liquor license and operate within the City, not a right.
St. Jay noted that the agent, Danny Thomas, for LaVetta was present should they have any questions.
Staff was asked if a recommendation may be made to the State with a condition. Mr. Solomon said that they could do that, but he was not sure that it would change the outcome.
Councilmember Barotz said that she found the situation troubling. With regard to Grand Canyon Spirits, she asked the applicant if they owned or were leasing the building. Ms. Cecily Clift-Maniaci replied that they were renting.
Councilmember Barotz said that she noted that they had some prior administrative violations, and she urged the applicant to be compliant with the laws. Ms. Clift-Maniaci replied that they were due to tax issues and prior to that it was the license holder before.
Vice Mayor Whelan said that their location was one which she hoped they were very mindful of with the pedestrian traffic from the high school. Ms. Clift-Maniaci said that she used to be a high school teacher, and explained that one side of the building would be liquor and the other side would be a convenience store. She said that anyone going into the liquor side would have to be 21 years of age or older. She said that the larger cans of single beer would be available, but their focus will be mostly craft beer and wine.
Vice Mayor Whelan closed the Public Hearing at this time.
Sgt. Gary Jay of the Flagstaff Police Department reviewed each of the applications. He explained that currently La Vetta has a Series 12, Restaurant, license, but they recently purchased a Series 6, bar, license. In order to keep the Series 6, which is a quota license, active it must be used so they will make their Series 12 inactive until improvements are made in the old Maloney's building where the Series 6 license will then be transferred.
Councilmember McCarthy said that he read in the staff summary that one of the principals of LaVetta was recently arrested for an extreme DUI, and he had concerns with such a person being in charge of a liquor license. He said that it is a privilege to have a liquor license and operate within the City, not a right.
St. Jay noted that the agent, Danny Thomas, for LaVetta was present should they have any questions.
Staff was asked if a recommendation may be made to the State with a condition. Mr. Solomon said that they could do that, but he was not sure that it would change the outcome.
Councilmember Barotz said that she found the situation troubling. With regard to Grand Canyon Spirits, she asked the applicant if they owned or were leasing the building. Ms. Cecily Clift-Maniaci replied that they were renting.
Councilmember Barotz said that she noted that they had some prior administrative violations, and she urged the applicant to be compliant with the laws. Ms. Clift-Maniaci replied that they were due to tax issues and prior to that it was the license holder before.
Vice Mayor Whelan said that their location was one which she hoped they were very mindful of with the pedestrian traffic from the high school. Ms. Clift-Maniaci said that she used to be a high school teacher, and explained that one side of the building would be liquor and the other side would be a convenience store. She said that anyone going into the liquor side would have to be 21 years of age or older. She said that the larger cans of single beer would be available, but their focus will be mostly craft beer and wine.
Vice Mayor Whelan closed the Public Hearing at this time.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Scott Overton to forward a recommendation of approval to the State for Grand Canyon Spirits.
Vote: 6 - 0 - Unanimously
Moved by Councilmember Scott Overton, seconded by Vice Mayor Jamie Whelan to forward a recommendation of approval fto the State or La Vetta.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to reopen the Public Hearing.
Vote: 6 - 0 - Unanimously
Danny Thomas, agent for La Vetta, came forward noting that he has been involved in law enforcement for 40 years. The last 20 was as a liquor control agent, and he now assists businesses on liquor license issues. He said that even if they disapproved this application the business would continue with their #12, Restaurant, license. He said that the business will close at the same time; they will have the same employees. He said that the individual arrested has rectified everything, and it was reduced to a DUI. He said that he has complied with everything required of the statute as far as probation.
Councilmember McCarthy said that he would reluctantly vote yes.
Vice Mayor Whelan closed the Public Hearing.
Councilmember McCarthy said that he would reluctantly vote yes.
Vice Mayor Whelan closed the Public Hearing.
Vote: 6 - 0 - Unanimously
A.
Consideration and Action on Liquor License Application: Cecily Clift-Maniaci, Grand Canyon Spirits, 982 Fort Valley Rd, Series 09 (liquor store - all spirituous liquor), Location Transfer.
B.
Consideration and Action on Liquor License Application: Danny Thomas, "La Vetta", 103 N. Leroux St., Series 06 (bar - all spirituous liquor), Person Transfer..
8.
CONSENT ITEMS
All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items.
Councilmember Odegaard said that for future items such as this, it would be helpful to receive a picture of the equipment they are purchasing.
Moved by Councilmember Eva Putzova, seconded by Councilmember Charlie Odegaard to approve Consent Item 8-A.
Vote: 6 - 0 - Unanimously
A.
Consideration and Approval of Cooperative Contract: Purchase of a Caterpillar 262D Skid Steer with Cold Planer in the amount of $80,907 and a Caterpillar 305E2 Mini Excavator in the amount of $70,493 from Empire Southwest, LLC (Empire) on a National Intergovernmental Purchasing Alliance cooperative purchase agreement with the City of Tucson (Bid# 161534-01) (Cooperative Purchase Agreement)
Approve the purchase of a Caterpillar 262D Skid Steer with Cold Planer in the amount of $80,907 and a Caterpillar 305E2 Mini Excavator in the amount of $70,493 from Empire under a Cooperative Purchase Agreement.
9.
ROUTINE ITEMS
A.
Cancellation of Contract: Rio de Flag Water Reclamation Plant UV System Replacement Construction Contract
Project Manager Justin Emerick briefly reviewed the request, noting that they sent it back to the design engineer to resolve some problems and all agreed that it was best to cancel the contract and readvertise the project, which will occur the second week of November. He said that there was no penalty with Felix as they had not yet exchange money, and they had mutually decided this was the best approach.
Moved by Councilmember Scott Overton, seconded by Councilmember Celia Barotz to approve cancellation of the construction contract between the City and Felix Construction for the Rio de Flag Water Reclamation Plant (WRP) UV System Replacement.
Vote: 6 - 0 - Unanimously
B.
Consideration and Approval of Contract: Master Participating Agreement between the City of Flagstaff and the USDA, Forest Service, Coconino National Forest
Wildland Fire Manager Paul Summerfelt said that this agreement is the basis for the Flagstaff Watershed Protection Project (FWPP) partnership with the US Forest Service. While it is new, it is the second one. The first one expired three days ago. This is the second, and likely the last.
Councilmember Odegaard said that there was previous mention of a tour of the FWPP. Mr. Summerfelt said that they can arrange that any time. Councilmember Odegaard said that he would be interested in touring the Dry Lake Hills area.
Councilmember Odegaard said that there was previous mention of a tour of the FWPP. Mr. Summerfelt said that they can arrange that any time. Councilmember Odegaard said that he would be interested in touring the Dry Lake Hills area.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to approve the Master Participating Agreement 18-PA-11030420-001.
Vote: 6 - 0 - Unanimously
C.
Consideration and Approval of Municipal Services Accounts and Miscellaneous Account Receivable Write-offs: Delinquency and Uncollectible Accounts for Fiscal Year 2017.
Revenue Director Sandy Corder briefly reviewed the item, stating that this year it was a significant reduction due to their increased efforts.
Councilmember Odegaard complimented her for their diligence and said they were going in the right direction. Ms. Corder shared the compliments with Customer Service Manager Michelle Bade and Billing and Collections Manager Sharon Gonzales.
Councilmember Odegaard complimented her for their diligence and said they were going in the right direction. Ms. Corder shared the compliments with Customer Service Manager Michelle Bade and Billing and Collections Manager Sharon Gonzales.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Eva Putzova to approve the write-off of delinquent and uncollectible municipal services accounts (water/solid waste) and miscellaneous account receivables in the amount of $81,849.88.
Vote: 6 - 0 - Unanimously
D.
Consideration and Adoption of Resolution No. 2017-35: A resolution urging the United States Congress to support long-distance passenger rail service.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Eva Putzova to read Resolution No. 2017-35 by title only.
Vote: 6 - 0 - Unanimously
A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL URGING THE UNITED STATES CONGRESS TO SUPPORT LONG DISTANCE PASSENGER RAIL SERVICE
Moved by Councilmember Jim McCarthy, seconded by Councilmember Eva Putzova to adopt Resolution No. 2017-35.
Vote: 6 - 0 - Unanimously
E.
Consideration and Approval of Purchase: Four 2018 Police Interceptor Utility Vehicles in the amount of $120.812.20 from PFVT Motors, LLC (Peoria Ford).
Special Service Supervisor Chad Smith briefly reviewed the item. He noted that some questions had been raised at the Work Session and Damian Gallegos with Purchasing would be addressing those further. Mr. Gallegos gave a brief PowerPoint presentation which addressed:
EVALUATION OF LOCAL VENDOR BIDS
The City is prohibited from giving any kind of bid preference to local vendors, based on a decision of the Arizona Supreme Court.
RESPONSIVE
RESPONSIBLE
Mr. Gallegos said that one area that is taken into consideration is the deduction from local vendor bids of sales tax, since it comes back to the City. He said that they did consider that with this item as well, but the local bid was still higher.
Councilmember Barotz noted that over the last seven years she has been on the Council they have taken this up to try and figure if there is something they could do. There are many on the Council that agree with Councilmember Odegaard's interest in being able to give preference to local vendors.
EVALUATION OF LOCAL VENDOR BIDS
The City is prohibited from giving any kind of bid preference to local vendors, based on a decision of the Arizona Supreme Court.
RESPONSIVE
RESPONSIBLE
Mr. Gallegos said that one area that is taken into consideration is the deduction from local vendor bids of sales tax, since it comes back to the City. He said that they did consider that with this item as well, but the local bid was still higher.
Councilmember Barotz noted that over the last seven years she has been on the Council they have taken this up to try and figure if there is something they could do. There are many on the Council that agree with Councilmember Odegaard's interest in being able to give preference to local vendors.
Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard
to approve the purchase of four 2018 Police Interceptor Utility Vehicles at a total price of $120,812.20 (includes all applicable taxes and fees) from Peoria Ford.
Vote: 6 - 0 - Unanimously
RECESS
The 4:30 p.m. portion of the Regular Meeting of October 3, 2017, recessed at 5:13 p.m.
6:00 P.M. MEETING
RECONVENE
Vice Mayor Whelan reconvened the Regular Meeting of October 3, 2017, at 6:00 p.m.
Vice Mayor Whelan reconvened the Regular Meeting of October 3, 2017, at 6:00 p.m.
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).
10.
ROLL CALL
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: VICE MAYOR WHELAN COUNCILMEMBER BAROTZ COUNCILMEMBER MCCARTHY COUNCILMEMBER ODEGAARD COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: MAYOR CORAL EVANS |
Others present: City Manager Josh Copley and City Attorney Sterling Solomon.
11.
PUBLIC PARTICIPATION
The following individuals addressed the Council:
•Gabor Kovacs, Flagstaff, voiced concern with the violence against police across the nation.
•Marilyn Weissman, Flagstaff, asked the Council to reconsider the socially-responsible investment policy.
•Rudy Preston, Flagstaff, spoke against the recent street mural, stating that inward facing advertising is not worthwhile.
•Gabor Kovacs, Flagstaff, voiced concern with the violence against police across the nation.
•Marilyn Weissman, Flagstaff, asked the Council to reconsider the socially-responsible investment policy.
•Rudy Preston, Flagstaff, spoke against the recent street mural, stating that inward facing advertising is not worthwhile.
12.
CARRY OVER ITEMS FROM THE 4:30 P.M. AGENDA
None
None
13.
DISCUSSION ITEMS
A.
Discussion of Camping Ordinance.
Deputy Police Chief Dan Musselman gave a PowerPoint presentation on the camping ordinance which addressed:
DISCUSSION OF CAMPING ORDINANCE
FLAGSTAFF CITY CODE
WILDLAND FIRES
CRIMINAL VIOLATIONS
ARRESTS BY YEAR
Police Legal Advisor Marianne Sullivan continued the PowerPoint.
SAFEGUARDS ALREADY WRITTEN INTO THE ORDINANCE
Ms. Sullivan noted that the ordinance requires a written warning before anyone would actually be given a ticket. They are informed about the ordinance and provided information on other areas that may be helpful. The ordinance does require, under all of these circumstances, the officers to consider whether it meets "living purposes" as outlined. It could include other factors as well. She said that "necessity" is a defense and it can be used at that time, such as if the shelters are full, or if they are cited and go to court, the "necessity" defense can be used at that time.
CONCERNS WITH AMENDMENT OR REPEAL
Ms. Sullivan said that they do not feel that they could adequately amend the ordinance. She said that back when they were using the Zoning Code to address the issue, there were concerns about whether individuals had proper constitutional notification. That went away and they created this ordinance. To take out certain language could be constitutionally challenged and unable to enforce. She said that if the Council has concerns on whether it criminalizes homelesness, their recommendation is to either repeal the ordinance in its entirety or leave it as is. She said that staff's preference was to leave as is, as it is a valuable tool to combat fire danger.
Councilmember Putzova asked why they have the police department enforcing this ordinance and if the police department enforces all ordinances. Ms. Sullivan said that violation of this ordinance is a crime, which is why the police department enforces it.
Councilmember Putzova asked how a homeless person is to exist in Flagstaff, if going to a shelter is not an option, if it is full or they do not feel safe there. Ms. Sullivan said that is why they have safeguards in place. Anyone coming into Flagstaff receives that education before they can be charged. Additionally, they would have the "necessity" defense available. She said that when officers provide a warning, they also provide information about the shelters or inform them that they can camp in the county, just not in the City. She also noted that in 2013 they had four arrests; in 2017 they have only had one.
She said that they are receiving the warnings and not coming back. They are not seeing a ton of repeat offenders.
Councilmember Putzova said that what she is hearing from the community is that they are using this enforcement to get people out of their cars where they may be living. She asked what the reasoning was for that kind of enforcement. Ms. Sullivan replied that there are the same types of risks associated with someone sleeping in their car as if they were camping in a tent. Deputy Chief Musselman said that it can also be driven by complaints from other citizens as the cars may be impeding trash or snow removal. He said that it would be permitted if they could find someone that would allow them to park on private property, or if they went to a campground.
Councilmember Putzova said that they advise people to go beyond the city limit, pushing them to a different jurisdiction. Deputy Chief Musselman said that is better than having their car towed and going to jail. He said that their officers also provide a list of social services available to them, and they have also had officers buy hotel rooms for people out of their own pocket.
Deputy Chief Musselman said that out of the 22 people arrested, 15 of them were cited (given a ticket) and released; 7 of them were booked. He said that they usually have at least 48 hours between a warning and ticket, providing a reasonable amount of time to find a solution.
Ms. Sullivan said that the $500 is a maximum penalty, it is not automatic. If a person is cited, they will go through a process, meeting with the prosecutor, and negotiate. It could include no fine, no jail time, community service, etc. There are many options available. She said that if they are found guilty, the penalty is up to the judge.
The following individuals then addressed the Council in support of repealing the ordinance:
•Jeremy Strike
•Lauren Krumwiede
•Jody Clements
•Laila Davis
•Klee Benally
•Logan Tracy
•Rudy Preston
•Greta Murphy
•James Kennedy
•Frankie Beesley
Comments received included:
•He is currently experiencing homelessness, his business is selling his art and photography
•Since arriving in the spring, his goal as been to be respectful, not imposing on residents. He has managed to do that until a week ago when he was startled by loud banging and an officer citing the anti-camping ordinance and informing him he would go to jail if found again
•He did not receive any social service information
•Feels this behavior criminalizes the homeless and is not reflective an an otherwise accepting community
•Supports repeal of the camping ordinance
•Currently lives in vehicle, and has for five months due to rising costs of housing and working wages, along with educational debts
•Why recent raid?
•Glad to hear that the Council means to address the most vulnerable
•Bad policies continue to violate their rights
•This mountain is their home; their land, stolen land
•Every day he enables his relatives to violate the law by providing a blanket
•Shelters are unwelcoming
•Lack of recognition of the humanity and dignity of those having to face barrier after barrier
•Seems to be an intent of greenwashing
•His traditions follow this land; his father got hit by a train
•Has a passion for people that stand up for what is right
•Hope Council will repeal one of the most embarrassing laws on the books
•Leave people alone that live in their car
•Look at Eugene, Oregon
•Going on federal land they get 14 days and they have to go several miles out of town before they can have a campfire
•If someone gets caught living in the forest, they will be banned for life
•As a citizen, she doesn't mind homeless people camping
•Need to find alternatives such as tiny homes
•Even when someone has no money, they can still sleep; better sleep helps them all
•Outlawing sleep is like outlawing food
•There are no public baths or safe public spaces
•Used to volunteer at Flagstaff Shelter Services; they do great work there, but he stopped because an individual thought he was Hitler
•Was very disappointed with the presentation; it was over simplified
•To use the fire danger as a justification is a mere scapegoat
Written comments supporting repeal of the camping ordinance were also submitted by:
•Michael Coulkins
•John Meyer
•Roland Begay
•Dustin Wero
•Mara Pfeffer
•Marlene Garcia
•Kourtney Dunning
•Nina Porter
Councilmember Putzova said that what she heard was that this ordinance allows the City to prosecute, issue citations, and arrest. Those, in her mind, are not goals of any regulations. The goal should be compliance. In looking at the past statistics, she sees no difference over time. They already have trespassing, littering and illegal fire laws. She proposed that they instruct staff to prepare for repeal of the ordinance and investigate what other communities do, such as Eugene. She said that they should look at the Zoning Code to be the vehicle for enforcement, and stay away from having a criminal law.
To summarize, Councilmember Putzova stated they should 1) look at repealing the current ordinance; 2) look at other communities; and 3) get away from criminal laws.
DISCUSSION OF CAMPING ORDINANCE
FLAGSTAFF CITY CODE
WILDLAND FIRES
CRIMINAL VIOLATIONS
ARRESTS BY YEAR
Police Legal Advisor Marianne Sullivan continued the PowerPoint.
SAFEGUARDS ALREADY WRITTEN INTO THE ORDINANCE
Ms. Sullivan noted that the ordinance requires a written warning before anyone would actually be given a ticket. They are informed about the ordinance and provided information on other areas that may be helpful. The ordinance does require, under all of these circumstances, the officers to consider whether it meets "living purposes" as outlined. It could include other factors as well. She said that "necessity" is a defense and it can be used at that time, such as if the shelters are full, or if they are cited and go to court, the "necessity" defense can be used at that time.
CONCERNS WITH AMENDMENT OR REPEAL
Ms. Sullivan said that they do not feel that they could adequately amend the ordinance. She said that back when they were using the Zoning Code to address the issue, there were concerns about whether individuals had proper constitutional notification. That went away and they created this ordinance. To take out certain language could be constitutionally challenged and unable to enforce. She said that if the Council has concerns on whether it criminalizes homelesness, their recommendation is to either repeal the ordinance in its entirety or leave it as is. She said that staff's preference was to leave as is, as it is a valuable tool to combat fire danger.
Councilmember Putzova asked why they have the police department enforcing this ordinance and if the police department enforces all ordinances. Ms. Sullivan said that violation of this ordinance is a crime, which is why the police department enforces it.
Councilmember Putzova asked how a homeless person is to exist in Flagstaff, if going to a shelter is not an option, if it is full or they do not feel safe there. Ms. Sullivan said that is why they have safeguards in place. Anyone coming into Flagstaff receives that education before they can be charged. Additionally, they would have the "necessity" defense available. She said that when officers provide a warning, they also provide information about the shelters or inform them that they can camp in the county, just not in the City. She also noted that in 2013 they had four arrests; in 2017 they have only had one.
She said that they are receiving the warnings and not coming back. They are not seeing a ton of repeat offenders.
Councilmember Putzova said that what she is hearing from the community is that they are using this enforcement to get people out of their cars where they may be living. She asked what the reasoning was for that kind of enforcement. Ms. Sullivan replied that there are the same types of risks associated with someone sleeping in their car as if they were camping in a tent. Deputy Chief Musselman said that it can also be driven by complaints from other citizens as the cars may be impeding trash or snow removal. He said that it would be permitted if they could find someone that would allow them to park on private property, or if they went to a campground.
Councilmember Putzova said that they advise people to go beyond the city limit, pushing them to a different jurisdiction. Deputy Chief Musselman said that is better than having their car towed and going to jail. He said that their officers also provide a list of social services available to them, and they have also had officers buy hotel rooms for people out of their own pocket.
Deputy Chief Musselman said that out of the 22 people arrested, 15 of them were cited (given a ticket) and released; 7 of them were booked. He said that they usually have at least 48 hours between a warning and ticket, providing a reasonable amount of time to find a solution.
Ms. Sullivan said that the $500 is a maximum penalty, it is not automatic. If a person is cited, they will go through a process, meeting with the prosecutor, and negotiate. It could include no fine, no jail time, community service, etc. There are many options available. She said that if they are found guilty, the penalty is up to the judge.
The following individuals then addressed the Council in support of repealing the ordinance:
•Jeremy Strike
•Lauren Krumwiede
•Jody Clements
•Laila Davis
•Klee Benally
•Logan Tracy
•Rudy Preston
•Greta Murphy
•James Kennedy
•Frankie Beesley
Comments received included:
•He is currently experiencing homelessness, his business is selling his art and photography
•Since arriving in the spring, his goal as been to be respectful, not imposing on residents. He has managed to do that until a week ago when he was startled by loud banging and an officer citing the anti-camping ordinance and informing him he would go to jail if found again
•He did not receive any social service information
•Feels this behavior criminalizes the homeless and is not reflective an an otherwise accepting community
•Supports repeal of the camping ordinance
•Currently lives in vehicle, and has for five months due to rising costs of housing and working wages, along with educational debts
•Why recent raid?
•Glad to hear that the Council means to address the most vulnerable
•Bad policies continue to violate their rights
•This mountain is their home; their land, stolen land
•Every day he enables his relatives to violate the law by providing a blanket
•Shelters are unwelcoming
•Lack of recognition of the humanity and dignity of those having to face barrier after barrier
•Seems to be an intent of greenwashing
•His traditions follow this land; his father got hit by a train
•Has a passion for people that stand up for what is right
•Hope Council will repeal one of the most embarrassing laws on the books
•Leave people alone that live in their car
•Look at Eugene, Oregon
•Going on federal land they get 14 days and they have to go several miles out of town before they can have a campfire
•If someone gets caught living in the forest, they will be banned for life
•As a citizen, she doesn't mind homeless people camping
•Need to find alternatives such as tiny homes
•Even when someone has no money, they can still sleep; better sleep helps them all
•Outlawing sleep is like outlawing food
•There are no public baths or safe public spaces
•Used to volunteer at Flagstaff Shelter Services; they do great work there, but he stopped because an individual thought he was Hitler
•Was very disappointed with the presentation; it was over simplified
•To use the fire danger as a justification is a mere scapegoat
Written comments supporting repeal of the camping ordinance were also submitted by:
•Michael Coulkins
•John Meyer
•Roland Begay
•Dustin Wero
•Mara Pfeffer
•Marlene Garcia
•Kourtney Dunning
•Nina Porter
Councilmember Putzova said that what she heard was that this ordinance allows the City to prosecute, issue citations, and arrest. Those, in her mind, are not goals of any regulations. The goal should be compliance. In looking at the past statistics, she sees no difference over time. They already have trespassing, littering and illegal fire laws. She proposed that they instruct staff to prepare for repeal of the ordinance and investigate what other communities do, such as Eugene. She said that they should look at the Zoning Code to be the vehicle for enforcement, and stay away from having a criminal law.
To summarize, Councilmember Putzova stated they should 1) look at repealing the current ordinance; 2) look at other communities; and 3) get away from criminal laws.
Moved by Councilmember Celia Barotz, seconded by Councilmember Scott Overton to recess into Executive Session.
Vote: 6 - 0 - Unanimously
The Flagstaff City Council recessed into Executive Session at 7:11 p.m. and reconvened open session at 7:36 p.m.
Councilmember Barotz said that she would not yet comment on the proposal, but would like to talk further with the Police Department about enforcement efforts. She said that she hoped that Police would take seriously the tone and all of the factors when having interactions with people sitting in their cars.
Police Chief Treadway said that within the last few weeks they have received several complaints about campers along Lucky Lane. They have been working with other staff at City Hall to remediate these issues. Additionally, they have been receiving calls from the manager at the Wal-Mart on Huntington who has decided that he no longer wants camping to occur in their parking lot. That is not a camping ordinance issue; it is a trespass issue.
He said that generally when their officers are dealing with an individual inside of a vehicle, nearly every case involves a call for service from a member of the community. He said that there has been no "round up" or "raid." He said that they have heard the tone of the discussion and would like to mention that most of these encounters are on body camera and he would be happy to review those at any time.
Vice Mayor Whelan said that they are asking for consistency in dealing with individuals, whether they are in their cars or in an Airstream. Chief Treadway noted that consistency is one of the four C's, the four tenants of the Police Department. He said that they are constantly preaching consistency, and he is extremely proud of the department in showing compassion. There are numerous examples of officers that give transportation to the homeless, provide blankets, coats, occasionally buy meals out of their own pocket. He said that he could ensure the Council that they do not distinguish between socioeconomic status.
Councilmember Putzova asked what the demographic profile of the arrests were. Deputy Chief Musselman said that out of the 22 arrests, 16 were White male; 3 White female; 1 Black male; 1 Asian male; 1 Native American male. Out of the 22 arrests, 15 were through the summer months (April through September) and 7 were through the winter months (October through March).
Councilmember McCarthy said that they also received an e-mail from the Downtown Business Alliance (DBA) saying that they do not support changing this law because of the problems they experience in the downtown area. He did get a phone call from someone that was very concerned with a repeal and they live in the downtown area. He said that there are two sides to a story and they both have valid and strong arguments.
Councilmember Putzova said that one part of the equation is the lack of facilities. She said that their infrastructure within the City is not set up to provide some of these services for those without permanent shelter. That is something they should be talking about.
She said that the outcome is no different than when they did not have this ordinance and they have added another layer of criminalization of homelessness. She asked what the purpose of the ordinance was and what they were trying to achieve.
She asked, if the Council could not get behind an outright repeal, if they would consider a change from criminal to civil. She asked why the police were dealing with this issue when they should be having social workers address it.
Vice Mayor Whelan said that the police are involved because their purview is out on the street. They are in the community and social workers with case loads in numbers are not out on the street.
Councilmember Odegaard said that about four years ago he did a ride along with a police officer and he saw firsthand the compassion. He said that they did not go banging on car windows or camp trailers. They are on the front line of the social services; they are the ones that show up. They are there to help. He said that he also goes to the Flagstaff Shelter Services and they are very compassionate people. His church is looking to be an alternate location when the main shelter is full. He said that these are all things that should be discussed during the budget process.
Councilmember Overton said that over the past ten years he has heard from both sides and during that time they have been establishing better services through CDBG, land trades, etc. He said that some have said they make the choice to live this way. The statistics do not pan out to him to repeal the ordinance. He said that the professionalism at the Police Department has given them the same type of data. They have heard from this Council and prior councils that it is a sensitive issue. He was comfortable with leaving the ordinance as is. He is not interested in a repeal. He said that he would be happy to look at continuing social resources, but there are a lot of competing needs at budget time.
Councilmember McCarthy asked if there is any benefit to changing from a criminal to civil violation. Mr. Solomon said that would be a policy decision. Ms. Sullivan said that, in general, civil penalties result in a monetary fine. There are not other types of penalties even though the penalties are criminal in nature. There would be no way to enforce it.
Councilmember Barotz said that she was having a difficult time with this issue. She would like to request that they bring it back in a few weeks. She would like to do some further research and give it further thought. She was not ready to give direction yet, but also is not ready to dismiss further consideration. Councilmember McCarthy said that he agreed.
Councilmember Putzova said that she would like staff to research what other communities are doing and find what other options may be available.
Councilmember Odegaard said that he was not interested in moving it forward. One thing they are missing is the population growth. In his mind, they are growing in population, but number of arrests are not, so the ordinance is doing what it is supposed to do.
Vice Mayor Whelan said that it seems as thought there are three members, along with herself, interested in having staff do more research and bring it back. Mr. Solomon clarified that this was not a voting subject, so it would be brought back on an agenda that the City Manager deems appropriate.
Ms. Sullivan recapped what they heard for direction--to research what other communities are doing, find examples of ordinances or other tools to deal with camping within their interface and also consider the difference between civil and criminal.
Councilmember Barotz said that she would not yet comment on the proposal, but would like to talk further with the Police Department about enforcement efforts. She said that she hoped that Police would take seriously the tone and all of the factors when having interactions with people sitting in their cars.
Police Chief Treadway said that within the last few weeks they have received several complaints about campers along Lucky Lane. They have been working with other staff at City Hall to remediate these issues. Additionally, they have been receiving calls from the manager at the Wal-Mart on Huntington who has decided that he no longer wants camping to occur in their parking lot. That is not a camping ordinance issue; it is a trespass issue.
He said that generally when their officers are dealing with an individual inside of a vehicle, nearly every case involves a call for service from a member of the community. He said that there has been no "round up" or "raid." He said that they have heard the tone of the discussion and would like to mention that most of these encounters are on body camera and he would be happy to review those at any time.
Vice Mayor Whelan said that they are asking for consistency in dealing with individuals, whether they are in their cars or in an Airstream. Chief Treadway noted that consistency is one of the four C's, the four tenants of the Police Department. He said that they are constantly preaching consistency, and he is extremely proud of the department in showing compassion. There are numerous examples of officers that give transportation to the homeless, provide blankets, coats, occasionally buy meals out of their own pocket. He said that he could ensure the Council that they do not distinguish between socioeconomic status.
Councilmember Putzova asked what the demographic profile of the arrests were. Deputy Chief Musselman said that out of the 22 arrests, 16 were White male; 3 White female; 1 Black male; 1 Asian male; 1 Native American male. Out of the 22 arrests, 15 were through the summer months (April through September) and 7 were through the winter months (October through March).
Councilmember McCarthy said that they also received an e-mail from the Downtown Business Alliance (DBA) saying that they do not support changing this law because of the problems they experience in the downtown area. He did get a phone call from someone that was very concerned with a repeal and they live in the downtown area. He said that there are two sides to a story and they both have valid and strong arguments.
Councilmember Putzova said that one part of the equation is the lack of facilities. She said that their infrastructure within the City is not set up to provide some of these services for those without permanent shelter. That is something they should be talking about.
She said that the outcome is no different than when they did not have this ordinance and they have added another layer of criminalization of homelessness. She asked what the purpose of the ordinance was and what they were trying to achieve.
She asked, if the Council could not get behind an outright repeal, if they would consider a change from criminal to civil. She asked why the police were dealing with this issue when they should be having social workers address it.
Vice Mayor Whelan said that the police are involved because their purview is out on the street. They are in the community and social workers with case loads in numbers are not out on the street.
Councilmember Odegaard said that about four years ago he did a ride along with a police officer and he saw firsthand the compassion. He said that they did not go banging on car windows or camp trailers. They are on the front line of the social services; they are the ones that show up. They are there to help. He said that he also goes to the Flagstaff Shelter Services and they are very compassionate people. His church is looking to be an alternate location when the main shelter is full. He said that these are all things that should be discussed during the budget process.
Councilmember Overton said that over the past ten years he has heard from both sides and during that time they have been establishing better services through CDBG, land trades, etc. He said that some have said they make the choice to live this way. The statistics do not pan out to him to repeal the ordinance. He said that the professionalism at the Police Department has given them the same type of data. They have heard from this Council and prior councils that it is a sensitive issue. He was comfortable with leaving the ordinance as is. He is not interested in a repeal. He said that he would be happy to look at continuing social resources, but there are a lot of competing needs at budget time.
Councilmember McCarthy asked if there is any benefit to changing from a criminal to civil violation. Mr. Solomon said that would be a policy decision. Ms. Sullivan said that, in general, civil penalties result in a monetary fine. There are not other types of penalties even though the penalties are criminal in nature. There would be no way to enforce it.
Councilmember Barotz said that she was having a difficult time with this issue. She would like to request that they bring it back in a few weeks. She would like to do some further research and give it further thought. She was not ready to give direction yet, but also is not ready to dismiss further consideration. Councilmember McCarthy said that he agreed.
Councilmember Putzova said that she would like staff to research what other communities are doing and find what other options may be available.
Councilmember Odegaard said that he was not interested in moving it forward. One thing they are missing is the population growth. In his mind, they are growing in population, but number of arrests are not, so the ordinance is doing what it is supposed to do.
Vice Mayor Whelan said that it seems as thought there are three members, along with herself, interested in having staff do more research and bring it back. Mr. Solomon clarified that this was not a voting subject, so it would be brought back on an agenda that the City Manager deems appropriate.
Ms. Sullivan recapped what they heard for direction--to research what other communities are doing, find examples of ordinances or other tools to deal with camping within their interface and also consider the difference between civil and criminal.
14.
COUNCIL LIAISON REPORTS
None
None
15.
FUTURE AGENDA ITEM REQUESTS
After discussion and upon agreement by two members of the Council, an item will be moved to a regularly-scheduled Council meeting.
After discussion and upon agreement by two members of the Council, an item will be moved to a regularly-scheduled Council meeting.
A.
Future Agenda Item Request (F.A.I.R.): A request by Councilmember Putzova to place on a future agenda a discussion on initiating a Regional Plan amendment that creates a high occupancy housing overlay to indicate where the community finds development of high occupancy housing acceptable..
Councilmember Putzovva said that their Regional Plan is a vision for the community. She would like them to initiate an overlay map to outline the area where, after a community discussion, specific locations are identified where the community would like to see high occupancy housing.
Councilmembers agreed to move this item forward.
Councilmembers agreed to move this item forward.
B.
Future Agenda Item Request (F.A.I.R.): A request by Vice Mayor Whelan to place on a future agenda a discussion of Zoning Code design standards (with focus on architectural standards); what they are and whether they reflect the spirit and character of the Flagstaff Community.
Vice Mayor Whelan said that throughout the Regional Plan it speaks to mindfulness, community character and quality design. Additionally, they recently received a letter from Stand Up about reinstating the Design Review Board, and perhaps that could be part of the discussion.
Councilmembers agreed to move this item forward.
Councilmembers agreed to move this item forward.
16.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
Councilmember McCarthy said that during the last work session they talked about the investment policy and at the time he did not support moving it forward for further discussion. After thinking more about it, he has determined that he would support further discussion and had submitted a request for reconsideration, but the City Attorney noted that last week was not an actual voting meeting. He was directed to request a new F.A.I.R. item, which he wished to do at this time--discussion regarding possibility or amending the investment policy to further pursue socially responsible investment.
Councilmember Odegaard thanked staff for giving them a tour of the new maintenance facility, especially to Adam Miele for leading the tour.
He also thanked his colleagues for participating in the Make a Difference Day.
Councilmember Barotz said that she understood that they have a full workload and it was with some trepidation that she supported new agenda items.
Councilmember Putzova said that she hoped that during the retreat they can address what expectations are when an item is placed on an agenda.
Vice Mayor Whelan reported that on Saturday she participated in the Out of the Darkness Community Walk, which was a remembrance walk for those individuals, and their families, who have committed suicide. She said that it was an amazing turnout with more than 300 attending.
Councilmember Odegaard thanked Vice Mayor Whelan for leading the moment of silence for the shootings in Las Vegas.
Councilmember Odegaard thanked staff for giving them a tour of the new maintenance facility, especially to Adam Miele for leading the tour.
He also thanked his colleagues for participating in the Make a Difference Day.
Councilmember Barotz said that she understood that they have a full workload and it was with some trepidation that she supported new agenda items.
Councilmember Putzova said that she hoped that during the retreat they can address what expectations are when an item is placed on an agenda.
Vice Mayor Whelan reported that on Saturday she participated in the Out of the Darkness Community Walk, which was a remembrance walk for those individuals, and their families, who have committed suicide. She said that it was an amazing turnout with more than 300 attending.
Councilmember Odegaard thanked Vice Mayor Whelan for leading the moment of silence for the shootings in Las Vegas.
17.
ADJOURNMENT
The Regular Meeting of the Flagstaff City Council held October 3, 2017, adjourned at 8:25 p.m.
| __________________________________ MAYOR |
|
| ATTEST: ___________________________________ CITY CLERK |
CERTIFICATION
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 October 3, 2017. I further certify that the Meeting was duly called and held and that a quorum was present.
DATED this 17th day of October, 2017.
________________________________
CITY CLERK