Others present:  City Manager Barbara Goodrich; City Attorney Sterling Solomon.

Mayor Evans re-ordered the agenda and took Item 4 after Item 5.
 
Mary Norton addressed Council with concerns regarding a new high-density development adjacent to Pinnacle Pines and the effect it may have on parking in the community.
 
Andy Fernandez addressed the Council with concerns about affordable housing, recycling, and public participation.

Mayor Evans stated that Councilmember Barotz was unable to attend due to a family emergency. She stated that the Council will be recognizing her at a later time.
 
Councilmember Putzova stated that she is honored to have served the residents of Flagstaff. She thanked City staff for their hard work and professionalism. She also thanked the citizens for their participation. It has been a meaningful four years and she looks forward to seeing what the next City Council will bring forward.
 
Councilmember Overton offered that it has been an honor and great experience representing the community and thanked them for their confidence in him. He expressed appreciation to his family for their support over the years. He thanked City staff and leadership, it is because of them that the City is successful, and it is clear that they all do their best work. He wished the community and the incoming Council all the best.
 
The following individuals offered comments recognizing the outgoing Councilmembers:

• Erika Mazza
• Christa Sadler
• Jeff Meilbeck
• Kathryn Jim
• Nat White
• Madison Overton
• Rick Moore
• Andy Fernandez
• John Viktora
• Hunter Owens
• Dan Caputo

The following comments were received:

• Thank you Councilmember Barotz for your eight and a half years of service to Flagstaff.
• Councilmember Barotz had unwavering dedication to honesty, integrity, and doing what was right.
• I appreciate the work Councilmember Barotz did to maintaining and preserving open space in Flagstaff.
• Thank you to all three Councilmembers for their involvement with NAIPTA.
• Thank you for the work you have done for the LGBTQ community.
• I am grateful for your words of wisdom and the love you each have granted to Flagstaff.
• There is a bright future for all of you as you move forward with other endeavors.
• Each of you gave me confidence because you always asked three important questions; how much it costs, how does it improve the social fabric of Flagstaff, and what are the unintended consequences.
• Leadership is more than leading people; it is standing beside them.
• You all worked hard to help others have their views heard.
• Thank you for the time, energy, and patience you each put into your positions.
• I appreciate Councilmember Overton’s consideration of all sides of the issues.
• Thank you all for the work you did in the anti-tobacco efforts.
• You all will be sorely missed, and Flagstaff is a better place because of your service.

A written comment card recognizing the outgoing Councilmembers was submitted by Stephanie Smith.
 
Mayor Evans, Vice Mayor Whelan, Councilmembers Odegaard and McCarthy, Ms. Goodrich, and Mr. Solomon each offered thoughts, accolades, and appreciation to outgoing Councilmembers Barotz, Overton, and Putzova.
 
The City Council presented a commemorative shadow box to Councilmembers Barotz, Overton, and Putzova in recognition and gratitude for their service to the City of Flagstaff.

Councilmember Barotz joined the meeting telephonically at 7:00 p.m.
 
Recreation Supervisor Claire Harper stated that the changes Council requested at the last meeting have been incorporated into the Ordinance.

Moved by Councilmember Eva Putzova, seconded by Councilmember Jim McCarthy to read Ordinance No. 2018-42 by title only for the final time.

Councilmember McCarthy stated that the collaboration between the promoters and the neighbors is an example of how all decisions should be made. He thanked staff for their hard work on the issue.

Vote: 4 - 3

NAY:

Councilmember Scott Overton
Councilmember Charlie Odegaard
Mayor Coral J. Evans

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA AMENDING THE FLAGSTAFF CITY CODE, TITLE 8, PUBLIC WAYS AND PROPERTY, CHAPTER 12, SPECIAL EVENTS, PROVIDING FOR SEVERABILITY AND AUTHORITY FOR CLERICAL CORRECTIONS, AND ESTABLISHING AN EFFECTIVE DATE

Moved by Vice Mayor Jamie Whelan, seconded by Councilmember Jim McCarthy to adopt Ordinance No. 2018-42.

Vote: 4 - 3

NAY:

Councilmember Scott Overton
Councilmember Charlie Odegaard
Mayor Coral J. Evans

Councilmember Barotz left the meeting at 7:08 p.m.

The following individuals addressed Council regarding Ordinance No. 2018-43:

• Jason White
• David Morris
• Bernice Carver
• Veronica Vargas

The following comments were received:

• Concerned that business owners were not aware of the ordinance.
• Vaping was a way for me to stop smoking.
• It would be helpful for business owners and industry leaders be involved in these types of conversations in the future.
• Proud of the youth coalitions and what they have done.
• The fight against the tobacco industry is never ending.
• There are so many harmful substances in tobacco and there is unnecessary suffering by victims of secondhand smoke.
• Thank you for championing tobacco prevention in Flagstaff.
• This ordinance will make a difference in the community and have positive effects on the health and wellbeing of people.
• Thank you for supporting your mission.

Moved by Councilmember Scott Overton, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2018-43 by title only for the final time.

Vote: 6 - 0 - Unanimously

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF FLAGSTAFF, COCONINO COUNTY, ARIZONA, AMENDING FLAGSTAFF CITY CODE TITLE 7, HEALTH AND SANITATION, CHAPTER 7-05, SMOKEFREE AIR CHANGING THE NAME OF THE CHAPTER TO “SMOKE-FREE/TOBACCO-FREE AIR” AND AMENDING SECTIONS OF CHAPTER 7-05 TO PROHIBIT THE USE OF ELECTRONIC CIGARETTES; ESTABLISHING SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to adopt Ordinance No. 2018-43.

Vote: 6 - 0 - Unanimously

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2018-37 by title only for the final time.

Vote: 6 - 0 - Unanimously

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to adopt Ordinance No. 2018-37.

Vote: 6 - 0 - Unanimously

Andy Fernandez addressed Council with concerns about the changes in recycling and the increase of the fee.

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to adopt Resolution No. 2018-58.

Vote: 4 - 2

NAY:

Councilmember Scott Overton
Councilmember Charlie Odegaard

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2018-45 by title only for the final time.

Vote: 4 - 2

NAY:

Councilmember Scott Overton
Councilmember Charlie Odegaard

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to adopt Ordinance No. 2018-45.

Vote: 4 - 2

NAY:

Councilmember Scott Overton
Councilmember Charlie Odegaard

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Eva Putzova to read Ordinance No. 2018-39 by title only for the final time.

Vote: 6 - 0 - Unanimously

Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan to adopt Ordinance No. 2018-39.

Vote: 6 - 0

Housing Director Sarah Darr stated that the Resolution is a formality required as part of an application that allows the City to enter into a lottery that if selected, would allow the City to apply for a Moving to Work designation. The designation will allow the City to seek exemption from many of the Public Housing and Housing Choice Voucher program rules as well as provide flexibility to combine federal funds to help better meet the needs of the community.

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard to read Resolution No. 2018-60 by title only.

Vote: 6 - 0 - Unanimously

Moved by Councilmember Scott Overton, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2018-60.

Vote: 6 - 0 - Unanimously

Senior Assistant City Attorney Anja Wendel provided a PowerPoint presentation that covered the following:
 
PROPOSITION 126
WHAT IS PROP 126?
HOW DOES IT AFFECT THE CITY?
COUNCIL OPTIONS

Moved by Councilmember Scott Overton, seconded by Councilmember Jim McCarthy to approve the contract with Ballard Spahr, LLP for legal services, authorize the City Attorney and any retained legal counsel to file an action to clarify the legal effects of Proposition 126 on the City of Flagstaff and other cities, and direct the City Attorney to prepare a contract for joint representation and cost sharing agreement with other cities.

Vice Mayor Whelan asked if entering into litigation would stop Proposition 126 or if it would still continue. Ms. Wendel stated that the law is in effect, the question is if the Arizona Department of Revenue (ADOR) would stop collecting the taxes. She believes that ADOR would collect the taxes and possibly escrow them and not distribute them pending the outcome of the litigation.

Councilmember Putzova asked what the anticipated cost of the entire for legal representation. Ms. Wendel stated that it is difficult to estimate those total costs; it can cost $25,000 to $30,000 to file the complaint and do the initial research. Another city has done some of this research already and if other cities participate those costs will be shared. Mr. Solomon added that when the time comes to join the other cities in litigation, a cost share agreement will be brought to the Council for consideration which would address the proportionality for each party.

Ms. Goodrich offered that there has been a lot of support to enter into this type of legal action. These issues were unanticipated consequences and the State is just as concerned as the cities are. The role that the League will play is unknown at this time and staff remains in close contact with its State Lobbyist Richard Travis on the matter. Unfortunately, no one has a clear path forward at this time.

Vice Mayor Whelan suggested holding off to see what other cities and the State will do and if the City needs to join in it does so at the appropriate time. Mayor Evans stated that the State may or may not weigh in and the timeline for that is unknown, it may come after Flagstaff’s taxes go into effect. The City is faced with a nearing deadline for its taxes to go into effect and it does not want to collect taxes that may have to be returned. It poses a big issue as preparation of the budget begins. The more cities that are moving forward together shows the legislature that this is a major issue for cities and towns.

Moved by Vice Mayor Jamie Whelan, seconded by Mayor Coral J. Evans to amend the motion to include language in the contract that the fee would be pro-rated among the participating parties per a separately negotiated cost sharing agreement.

Vote: 6 - 0 - Unanimously

Councilmember McCarthy stated that he would like the City’s legal team be involved in the negotiations on what legal points should be brought forward in the litigation to ensure that strong arguments are developed.
 
Original Motion:

Vote: 6 - 0

Housing and Grants Administrator Leah Bloom provided a PowerPoint presentation that covered the following:
 
HOMELESS SERVICES OVERVIEW, 2018 POINT IN TIME DATA & SAFE PARKING OPTIONS
INTRODUCTIONS
TONIGHT’S AGENDA
VEHICULAR HOMELESS COUNT
 
Ms. Bloom introduced Flagstaff Shelter Services Executive Director Ross Altenbaugh who continued the presentation
 
HOMELESS SERVICES OVERVIEW
INTRODUCTION & HISTORY
COMMITTEE ROSTER
OVERVIEW
FLOW CHART
HOW IT WORKS
CASE CONFERENCING
BENCHMARKS
IS IT WORKING?
 
Ms. Bloom introduced Continuum of Care Coordinator with Arizona Department of Housing David Bridge who continued the presentation.
 
2018 POINT IN TIME (PIT) DATA
2018 PIT COUNT METHODOLOGY
2018 SUMMARY – AZ BALANCE OF STATE
2015-2018 ARIZONA BALANCE OF STATE CONTINUUM OF CARE PIT RESULTS
 
Councilmember Putzova asked about the long term trends with veterans and what has been seen in the context of the 17-year long war and how it has contributed to the number of homeless veterans.
 
Mr. Bridge stated that nationally veteran homelessness is down significantly and the veteran populations are aging out. The single biggest cadre of veterans continues to come from the Vietnam War and the post-Vietnam period. Because of the current conflicts and the prestige that comes with military service, there has been a large increase in the homeless veteran population and Veterans’ Affairs has finally gotten involved. There has been a significant increase in contributions to the VASH voucher program and there is also a program called SSVF that targets chronic veteran homelessness and their families which has led to a 25% decrease in veteran homelessness across the country in the last ten years.
 
Ms. Darr stated that Flagstaff has 100 VASH vouchers specifically to serve the veteran population. Flagstaff has a hard time utilizing the vouchers. All of the easy veterans to be housed have been housed. The focus has been on those with longer term chronic issues surrounding mental health or substance abuse issues. Another challenge is that those vouchers go out into the community and have to be accepted by a landlord; there are credit challenges and criminal backgrounds that veterans may have and that can be a significant barrier to finding a landlord willing to take a chance.
 
Mr. Bridge continued the presentation.
 
2018 COCONINO PIT RESULTS
WHERE SURVEYED?
2018 UNSHELTERED PIT COUNT DEMOGRAPHICS
PIT COUNT HISTORY – COCONINO
WHAT DO WE DO WITH THIS?
NEXT STEPS-SYSTEM IMPROVEMENT
 
Interim Planning Director Tiffany Antol continued the presentation.
 
SAFE PARKING OPTIONS
SAFE PARKING – TWO TYPES
BEST PRACTICES FOR SAFE PARKING
 
Councilmember Putzova stated that she is interested in continuing the conversations on crafting a program that is appropriate for Flagstaff that will create a safe place for people to sleep in their vehicles.
 
Councilmember McCarthy stated that he is not interested in people parking in residential areas. A safe parking area might be a good idea but he does not know if there are appropriate places to do it. He indicated that he is willing to pursue further conversations on safe sleeping programs.
 
Ms. Antol stated that the direction she is seeking, from a planning perspective, is whether the Council wants to give direction to include a Zoning Code text amendment to include safe parking areas and allowing an applicant to come forward as a provider.
 
Vice Mayor Whelan asked Ms. Altenbaugh if she thinks this type of program is needed or should the City should be supporting the programs it already has more. Ms. Altenbaugh stated that the National Alliance to End Homelessness has taken a stance that this type of program would be a step backwards. Focusing funding and resources on housing is the way to end homelessness. She believes that resources are most effective in current programs that are doing work in the community.
 
Councilmember McCarthy asked if it would require a Zoning Code amendment to allow private property owners the ability to allow people to sleep in their cars on their property. Ms. Antol stated that an amendment would be needed to allow for that option.
 
Councilmember Odegaard asked Ms. Altenbaugh’s thoughts on the best way to get people housing and if allowing people to sleep in their cars would help that effort. Ms. Altenbaugh stated that when looking at the numbers and bed utilization in the community, the capacity to offer emergency shelter to those who need shelter exists. The shelter is already addressing the need with a parking lot that is available for people to use and it allows for them to get access to resources needed to find permanent housing. She does not think an additional area would be necessary.
 
Councilmember Putzova stated that no one can sleep in a vehicle in Flagstaff. Ms. Altenbaugh offered that there are currently four to six people utilizing the parking lot at Flagstaff Shelter Services and there are plans to increase the size of the parking lot so that can be an option for others.
 
Councilmember Putzova stated that there are many reasons why someone may not want to go to the shelter and their only option would be to sleep in an illegal way. She asked if it would be better to have some opportunity to do this without being criminalized. Ms. Altenbaugh stated that in her professional opinion she feels that resources should be put into long term resources that seek to end homelessness and permanently house people.
 
Mayor Evans indicated that she is not interested in moving the item forward for further discussion. She expressed concern about the safety at the parking areas and the possible liability to the City should something happen there. There would need to be an investment of significant resources to police the area to ensure the safety of those who are there. If resources and funding are available, they should be directed to improving existing programs. She stated that there is a need for culturally sensitive programs as well as coordination with tribal leadership on their programs on the reservation. Efforts should be focused on improving the current system.
 
Ms. Altenbaugh offered that Flagstaff Shelter Services is excited to be working on the racial disparity piece; they understand that there is an access problem with getting the indigenous population access to Front Door and they are working on ways to make better connections with them and get them the resources they need.
 
Councilmember McCarthy stated that understanding that Flagstaff Shelter Services has a place for people to sleep in their car if they chose, he does not feel that a separate program is needed.
 
There was not a majority of Council in support of moving the item forward.

There was no support to move the item forward for future consideration.

Ms. Goodrich stated that there are various community groups already working on something similar to get youth involved in the community. As Council considers this one option it may be helpful to research what those other organizations are doing and possibly combine efforts.
 
Councilmember Odegaard agreed and stated that he wants to have youth that are civically engaged. He looks forward to having the discussion and understanding what the collaboration would look like.
 
Vice Mayor Whelan offered that youth working on youth issues is something that should be happening. She agrees that it would be nice to bring Flagstaff youth to the League Conference to see how local governments operate.
 
Councilmember Putzova stated that she would like a specific youth commission for the City that allows students to shadow Councilmembers and model the roles that they may want to pursue later in life.
 
A majority of Council was supportive in moving the item forward.

Councilmember Putzova requested three F.A.I.R. items:
 

1. Amend the anti-camping ordinance so people are not criminalized for sleeping.
2. Create a Sustainability Department to elevate sustainability so climate and resiliency is always considered.
3. Change the Police Department data collection, reporting, and sharing to improve data transparency using something similar to opendatapolicing.com.

Councilmember McCarthy attended the All Aboard Conference. He stated that it sounds like things are fairly positive about keeping Amtrak going long distance for now, but pressure is still needed to keep it in the future. He thanked Council for their support in sending a letter to Amtrak expressing support for the long-distance rail travel.
 
Vice Mayor Whelan stated that she is sad to be losing three members of Council but is also excited about the incoming Councilmembers and the things they will bring to the City.
 
Councilmember Odegaard extended an invitation to Council to join him and Mayor Evans on December 16, 2018 from 3:00 p.m. to 4:00 p.m. to stock shelves at The Pantry.
 
Mayor Evans requested information about the Campus Advantage Development in the Pine Canyon area.
 
Mayor Evans also reported that the Council has received a number of emails about parking issues at Basis School. The people who are dropping off and picking up kids are blocking traffic. There were similar issues with a school on Fourth Street and the City helped come up with ways that were helpful in alleviating the problem. She asked if staff could look into possibly helping them solve the issue.