CITY COUNCIL REGULAR MEETING
TUESDAY, DECEMBER 4, 2018
CITY HALL COUNCIL CHAMBERS
211 WEST ASPEN
4:30 P.M. AND 6:00 P.M.
TUESDAY, DECEMBER 4, 2018
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 meeting of the Flagstaff City Council held December 4, 2018, to order at 4:30 p.m.
Vice Mayor Whelan called the meeting of the Flagstaff City Council held December 4, 2018, 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 MCCARTHY COUNCILMEMBER ODEGAARD COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: MAYOR EVANS COUNCILMEMBER BAROTZ |
Others present: City Manager Barbara Goodrich; City Attorney Sterling Solomon.
3.
PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
The Council and audience recited the pledge of allegiance and Vice Mayor Whelan read the Mission Statement of the City of Flagstaff.
The Council and audience recited the pledge of allegiance and Vice Mayor Whelan 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.
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
None
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.
None
5.
PROCLAMATIONS AND RECOGNITIONS
A.
Proclamation: Nackard Family of Companies 75th Anniversary
Vice Mayor Whelan moved this item to the 6:00 p.m. portion of the meeting.
Vice Mayor Whelan moved this item to the 6:00 p.m. portion of the meeting.
6.
LIQUOR LICENSE PUBLIC HEARINGS
Vice Mayor Whelan opened the public hearing.
Sgt. Collin Seay addressed the Council with a brief explanation of the licenses.
Councilmember Odegaard thanked both applicants for attending the meeting.
There being no further public comment Vice Mayor Whelan closed the public hearing.
Sgt. Collin Seay addressed the Council with a brief explanation of the licenses.
Councilmember Odegaard thanked both applicants for attending the meeting.
There being no further public comment Vice Mayor Whelan closed the public hearing.
Moved by Councilmember Scott Overton, seconded by Councilmember Jim McCarthy to forward both applications to the State with a recommendation of approval.
Vote: 5 - 0 - Unanimously
A.
Consideration and Action on Liquor License Application: Terry Thomson Jr., "Rickety Cricket Brewing", 10 E. Route 66, Series 7 (beer and wine bar) New License .
B.
Consideration and Action on Liquor License Application: Shane Shumway "Marriott Residence Inn," 100 N. Humphreys, Series 10 (beer and wine store), New License.
7.
ROUTINE ITEMS
A.
Consideration and Adoption of Resolution No. 2018-43 and Ordinance No. 2018-32: An ordinance and resolution amending the Flagstaff City Code, Title 7, Health and Sanitation, and Title 12, Floodplains, to adopt an Enforcement Response Plan related to enforcement of water, pretreatment, wastewater, and stormwater regulations, including administrative fines and/or penalties for violations.
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to adopt Resolution No. 2018-43.
Vote: 5 - 0
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Ordinance No. 2018-32 by title only for the final time.
Vote: 5 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA AMENDING THE FLAGSTAFF CITY CODE, TITLE 7, HEALTH AND SANITATION, AND TITLE 12, FLOODPLAINS, TO ADOPT AN ENFORCEMENT RESPONSE PLAN RELATED TO ENFORCEMENT OF WATER, PRETREATMENT, WASTEWATER, AND STORMWATER REGULATIONS, INCLUDING ADMINISTRATIVE FINES AND/OR PENALTIES FOR VIOLATIONS; PROVIDING FOR PENALTIES, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Scott Overton to adopt Ordinance No. 2018-32.
Vote: 5 - 0 - Unanimously
B.
Consideration and approval of the renewal of the Business Incubator and Accelerator Master Lease (Master Lease) and the Agreement For Services for the Business Incubator and Accelerator (Services Agreement): Flagstaff Business Incubator and Accelerator Agreements with Northern Arizona Technology and Business Incubator, Inc doing business as the Center for Entrepreneurship and Technology (NACET).
Community Investment Director David McIntire introduced Grants and Contracts Manager Stacey Brechler-Knaggs who provided a PowerPoint presentation that covered the following:
NACET RENEWAL AND AMENDMENT
NACET RENEWAL – BACKGROUND
CURRENT MODEL HIGHLIGHTS
INCUBATOR
ACCELERATOR
SERVICES
ORGANIZATION MONEY FLOW
BUILDING EXPENSES
Mr. McIntire continued the presentation.
RECOMMENDED MODEL
NEW MODEL HIGHLIGHTS
ORGANIZATION MONEY FLOW
CONSIDERATIONS
SOME KEY POINTS
THE FUTURE
NACET RENEWAL AND AMENDMENT
NACET RENEWAL – BACKGROUND
CURRENT MODEL HIGHLIGHTS
INCUBATOR
ACCELERATOR
SERVICES
ORGANIZATION MONEY FLOW
BUILDING EXPENSES
Mr. McIntire continued the presentation.
RECOMMENDED MODEL
NEW MODEL HIGHLIGHTS
ORGANIZATION MONEY FLOW
CONSIDERATIONS
SOME KEY POINTS
THE FUTURE
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Scott Overton to approve the renewal of the Master Lease and Services Agreement with NACET for the Flagstaff Business Incubator and Accelerator located at 2225 and 2201 North Gemini Drive respectively and authorize the City Manager to make any non-substantive changes to the Master Lease and Services Agreement.
Vote: 5 - 0
C.
Consideration and Adoption of Ordinance No. 2018-40: An ordinance of the Mayor and Council of the City of Flagstaff, Arizona amending the Flagstaff City Code, Title 12, Floodplains, Chapter 12-02, Stormwater Management Utility, by amending the Schedule of Stormwater Management Utility Service Charges and Fees; providing for repeal of conflicting ordinances, severability, penalties, and establishing an effective date. (Changes in stormwater fees)
Vice Mayor Whelan moved this item to the 6:00 p.m. portion of the meeting.
Vice Mayor Whelan moved this item to the 6:00 p.m. portion of the meeting.
RECESS
The 4:30 p.m. portion of the December 4, 2018, Regular Council Meeting recessed at 4:55 p.m.
The 4:30 p.m. portion of the December 4, 2018, Regular Council Meeting recessed at 4:55 p.m.
6:00 P.M. MEETING
RECONVENE
Vice Mayor Whelan reconvened the Regular Meeting of the Flagstaff City Council held December 4, 2018 at 6:00 p.m.
Vice Mayor Whelan reconvened the Regular Meeting of the Flagstaff City Council held December 4, 2018 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).
8.
ROLL CALL
| NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. |
| PRESENT: VICE MAYOR WHELAN COUNCILMEMBER MCCARTHY COUNCILMEMBER ODEGAARD COUNCILMEMBER OVERTON COUNCILMEMBER PUTZOVA |
ABSENT: MAYOR EVANS COUNCILMEMBER BAROTZ |
Others present: City Manager Barbara Goodrich; City Attorney Sterling Solomon.
9.
PLEDGE OF ALLEGIANCE
The Council and audience recited the pledge of allegiance.
The Council and audience recited the pledge of allegiance.
10.
CARRY OVER ITEMS FROM THE 4:30 P.M. AGENDA
A.
5A: Proclamation: Nackard Family of Companies 75th Anniversary
The Vice Mayor and City Council recognized and presented a Proclamation to Nackard
Family Companies honoring them for their 75th Anniversary in Flagstaff.
B.
7C: Consideration and Adoption of Ordinance No. 2018-40: An ordinance of the Mayor and Council of the City of Flagstaff, Arizona amending the Flagstaff City Code, Title 12, Floodplains, Chapter 12-02, Stormwater Management Utility, by amending the Schedule of Stormwater Management Utility Service Charges and Fees; providing for repeal of conflicting ordinances, severability, penalties, and establishing an effective date. (Changes in stormwater fees)
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to read Ordinance No. 2018-40 by title only for the final time.
Vote: 5 - 0 - Unanimously
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA AMENDING THE FLAGSTAFF CITY CODE, TITLE 12, FLOODPLAINS, CHAPTER 12-02, STORMWATER MANAGEMENT UTILITY, BY AMENDING THE SCHEDULE OF STORMWATER MANAGEMENT UTILITY SERVICE CHARGES AND FEES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, PENALTIES, AND ESTABLISHING AN EFFECTIVE DATE
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy to adopt Ordinance No. 2018-40.
Vote: 5 - 0 - Unanimously
11.
REGULAR AGENDA
A.
Consideration and Adoption of Ordinance No. 2018-39: An ordinance amending the Flagstaff City Code, Chapter 1-14, Personnel System, by amending the Employee Handbook of Regulations Nepotism.
Human Resources Director Shannon Anderson provided a PowerPoint presentation that covered the following:
ADDENDUM 17 – EMPLOYEE HANDBOOK
FOUNDATION OF POLICY
EVALUATION OF CITY OPERATIONS
EXPECTATIONS
PROCEDURES
REASONS FOR THE RECOMMENDED POLICY
ADDENDUM 17 – EMPLOYEE HANDBOOK
FOUNDATION OF POLICY
EVALUATION OF CITY OPERATIONS
EXPECTATIONS
PROCEDURES
REASONS FOR THE RECOMMENDED POLICY
Moved by Councilmember Jim McCarthy, seconded by Councilmember Eva Putzova to read Ordinance No. 2018-39 by title only for the first time.
Vote: 5 - 0 - Unanimously
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, AMENDING THE FLAGSTAFF CITY CODE, CHAPTER 1-14, PERSONNEL SYSTEM, BY AMENDING THE EMPLOYEE HANDBOOK OF REGULATIONS RELATED TO NEPOTISM; PROVIDING FOR PENALTIES; REPEAL OF CONFLICTING ORDINANCES; SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
B.
Consideration and Adoption of Ordinance No. 2018-42: Amending the Flagstaff City Code, Title 8, Public Ways and Property, Chapter 12, Special Events.
Recreation Supervisor Claire Harper addressed Council with a PowerPoint presentation that covered the following:
AMENDING SPECIAL EVENT ORDINANCE
BACKGROUND
REVISIONS
The following individuals addressed Council in support of disallowing special event permits in the City Hall lawn and flagpole areas:
Councilmember Overton asked if there is a list of groups that utilize the plaza area. Ms. Harper stated that the events in the plaza over the past three years are as follows:
Ms. Putzova asked which events in the front lawn and plaza areas are multi-day events. Ms. Harper stated that the Bible Marathon, 9/11 flag display, and the Pride Flag on the temporary flagpole are all multi-day events.
Moved by Councilmember Jim McCarthy to amend Ordinance 2018-42 to disallow special events on the paved area abutting City Hall near the flagpole, the nearby lawn area in front of City Hall.
Vote: The motion failed for lack of a second.
Councilmember Putzova stated that a display is not the same as when there is an activity tied to it. She asked if there are other considerations that could be built into the process to allow a multi-day permit if it is only to display flags or other articles.
Vice Mayor Whelan suggested continuing the current practice but put restraints on signage, time allowed, and other things.
Councilmember Putzova stated that the reason the Special Event process is used for the display of flags is because there is no other policy or process that addresses the flagpole specifically. She requested that a separate flagpole policy be created.
Ms. Harper stated that a special event permit is a permit for exclusive use of an area. Councilmember Putzova asked if there could be different rules for passive use and non-passive use. Mr. Solomon stated that if it goes through the special event process then the same rules would apply regardless of passive or non-passive use.
Councilmember Overton expressed concern regarding how the City would be differentiating between the groups that utilize the plaza area. He is hesitant to say no because he does not want to prevent the things that the community wants in that area at the risk that there may be something that is not wanted.
Councilmember Putzova offerd that it is important to create an environment where people can express their views. Even when there is something that leads to negative emotions in people she would still err on the side of openness. If there is no way to regulate because everyone must be treated the same then she would rather leave things as they are.
Councilmember Odegaard stated that he is not interested in changing anything right now. There are a lot of good things that are done in the plaza area and to deny those things in the future would be a disservice to the community.
Vice Mayor Whelan stated that the issue is one of censorship and safety. It is unfortunate that there has to be discussion about the ability to have events on the lawn and plaza but there are safety concerns about what could happen. She leans more towards saying no to all because of the safety concerns. It is not no everywhere it is just no at City Hall.
AMENDING SPECIAL EVENT ORDINANCE
BACKGROUND
REVISIONS
The following individuals addressed Council in support of disallowing special event permits in the City Hall lawn and flagpole areas:
- Lisa Cantor Ganey
- Rabbi Mindie Snyder
- Concerned about the perception that the City is endorsing the events that take place on City Hall property.
- Allowing semi-permanent structures such as tents and wooden fences in close proximity to City Hall gives the appearance is that the City endorses the views of the user.
- Because the City cannot discriminate when it grants Special Event Permits for the use of the City Hall property it must allow all events including hate groups.
- Request that the Council amend the Special Event Permit Rules to disallow special event permits in the City Hall flagpole area.
- There are plenty of other City parks where people can hold events.
- Nena Bloom
- Joe Janey
- Lanny Morrisor
Councilmember Overton asked if there is a list of groups that utilize the plaza area. Ms. Harper stated that the events in the plaza over the past three years are as follows:
- Disarm Hate Rally
- Wear Orange for Gun Violence
- Environmental Press Conference
- Monument to American Press Conference
- Climate Action Campaign Press Conference
- Miss Navajo Nation 1868 Treaty
Ms. Putzova asked which events in the front lawn and plaza areas are multi-day events. Ms. Harper stated that the Bible Marathon, 9/11 flag display, and the Pride Flag on the temporary flagpole are all multi-day events.
Moved by Councilmember Jim McCarthy to amend Ordinance 2018-42 to disallow special events on the paved area abutting City Hall near the flagpole, the nearby lawn area in front of City Hall.
Vote: The motion failed for lack of a second.
Councilmember Putzova stated that a display is not the same as when there is an activity tied to it. She asked if there are other considerations that could be built into the process to allow a multi-day permit if it is only to display flags or other articles.
Vice Mayor Whelan suggested continuing the current practice but put restraints on signage, time allowed, and other things.
Councilmember Putzova stated that the reason the Special Event process is used for the display of flags is because there is no other policy or process that addresses the flagpole specifically. She requested that a separate flagpole policy be created.
Ms. Harper stated that a special event permit is a permit for exclusive use of an area. Councilmember Putzova asked if there could be different rules for passive use and non-passive use. Mr. Solomon stated that if it goes through the special event process then the same rules would apply regardless of passive or non-passive use.
Councilmember Overton expressed concern regarding how the City would be differentiating between the groups that utilize the plaza area. He is hesitant to say no because he does not want to prevent the things that the community wants in that area at the risk that there may be something that is not wanted.
Councilmember Putzova offerd that it is important to create an environment where people can express their views. Even when there is something that leads to negative emotions in people she would still err on the side of openness. If there is no way to regulate because everyone must be treated the same then she would rather leave things as they are.
Councilmember Odegaard stated that he is not interested in changing anything right now. There are a lot of good things that are done in the plaza area and to deny those things in the future would be a disservice to the community.
Vice Mayor Whelan stated that the issue is one of censorship and safety. It is unfortunate that there has to be discussion about the ability to have events on the lawn and plaza but there are safety concerns about what could happen. She leans more towards saying no to all because of the safety concerns. It is not no everywhere it is just no at City Hall.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Scott Overton to read Ordinance No. 2018-42 by title only for the first time.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Eva Putzova to amend the motion to change Paragraph 8-12-001-0004 Noise Regulations, Section F, Sub-section 1, to have first sentence replaced and to read as follows: "For events at Wheeler Park, sound levels measured at 50 feet from the speaker locations must not exceed 85 decibels, A-weighted; for events at other locations where permits are allowed for amplified entertainment, the sound levels measured at 100 feet from the speaker locations must not exceed 90 decibels, A-weighted."
Councilmember Overton stated that the Mayor had requested a sound study and demonstration and he will not support the amendment; he believes that the entire Council should be present discuss and make the decision.
Councilmember Odegaard agreed and indicated that he will not be in support of the amendment because the study and demonstration should be done first.
Vice Mayor Whelan stated that she will support the amendment; the community and the promoters have worked hard to resolve the issue and she would like to honor that.
Vote: 3 - 2
- NAY:
-
Councilmember Scott Overton
Councilmember Charlie Odegaard
Original Motion:
Vote: 3 - 2
- NAY:
-
Councilmember Scott Overton
Councilmember Charlie Odegaard
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
C.
Consideration and Adoption of Resolution No. 2018-58 and Ordinance No. 2018-45: An ordinance and resolution amending the Flagstaff City Code, Title 7, Health and Sanitation, to update solid waste fees.
Solid Waste and Fleet Section Director Todd Hansen stated that on November 27, 2018 staff provided information on rate options to create a sustainable solid waste fund. Based on the direction received at that meeting staff has updated the rate fees in the ordinance.
Councilmember Odegaard asked if there will be future rate studies for solid waste fees. Public Works Director Andy Bertelsen stated that the model is to look at the rates in three-year intervals to evaluate efficiencies in process as well as keeping the rate model in check. The recession period was a difficult time and it was decided that no rate changes would come forward during that time.
Vice Mayor Whelan asked if there has been discussion about contracting out the City’s service. Mr. Hanson explained that it is not something that has been considered previously but it is something that can be evaluated in the future if that is the direction of Council. Based on his experience, what is being done now preserves the City’s system to keep pricing lower for citizens and contracting out would likely increase rates over time.
Andy Fernandez addressed Council and stated that recycling to reduce the quantity of material going to the landfill would save 50 years of the landfill life.
Councilmember Odegaard asked if there will be future rate studies for solid waste fees. Public Works Director Andy Bertelsen stated that the model is to look at the rates in three-year intervals to evaluate efficiencies in process as well as keeping the rate model in check. The recession period was a difficult time and it was decided that no rate changes would come forward during that time.
Vice Mayor Whelan asked if there has been discussion about contracting out the City’s service. Mr. Hanson explained that it is not something that has been considered previously but it is something that can be evaluated in the future if that is the direction of Council. Based on his experience, what is being done now preserves the City’s system to keep pricing lower for citizens and contracting out would likely increase rates over time.
Andy Fernandez addressed Council and stated that recycling to reduce the quantity of material going to the landfill would save 50 years of the landfill life.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Eva Putzova to read Resolution No. 2018-58 by title only.
Vote: 3 - 2
- NAY:
-
Councilmember Scott Overton
Councilmember Charlie Odegaard
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, DECLARING CERTAIN DOCUMENTS KNOWN AS “THE 2018 UPDATES TO THE SOLID WASTE FEES” AS PUBLIC RECORDS
Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2018-45 by title only for the first time.
Vote: 3 - 2
- NAY:
-
Councilmember Scott Overton
Councilmember Charlie Odegaard
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA AMENDING SECTION 7-04-001-0010, MUNICIPAL SOLID WASTE FEES, OF THE FLAGSTAFF CITY CODE
D.
Consideration and Adoption of Ordinance No. 2018-37: An ordinance of the Mayor and Council of the City of Flagstaff authorizing the sale or abandonment of approximately 1,278 square feet of City right-of-way adjacent to 1900 North Second Street.
Real Estate Manager Charity Lee provided a PowerPoint presentation that covered the following:
SALE/ABANDONMENT OF RIGHT OF WAY
OVERVIEW MAP
AREAL MAP
BACKGROUND
ORDINANCE 2018-37
OPTIONS
Councilmember Overton asked what the approximate cost would be to go with Option 1. Ms. Lee stated that based on appraisal it would be a $2,000 to $3,000 cost.
SALE/ABANDONMENT OF RIGHT OF WAY
OVERVIEW MAP
AREAL MAP
BACKGROUND
ORDINANCE 2018-37
OPTIONS
Councilmember Overton asked what the approximate cost would be to go with Option 1. Ms. Lee stated that based on appraisal it would be a $2,000 to $3,000 cost.
Moved by Councilmember Scott Overton, seconded by Vice Mayor Jamie Whelan to read Ordinance No. 2018-37 with Option 1 by title only for the first time.
Councilmember Odegaard asked if there have been discussions with the adjacent property owner. Ms. Lee stated that staff has talked with them but not with regard to price. If they were to chose not to bid, the City could look at other options such as a license agreement or leaving things as is to maintain their access.
Vote: 5 - 0
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF FLAGSTAFF AUTHORIZING THE SALE OR ABANDONMENT OF APPROXIMATELY 1278 SQUARE FEET OF CITY RIGHT-OF-WAY ADJACENT TO 1900 NORTH SECOND STREET; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
E.
Consideration and Approval: Canceling the 4:30 p.m. portion of the December 18, 2018 Regular Council Meeting
Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor Jamie Whelan to cancel the 4:30 p.m. portion of the December 18, 2018 Regular Council Meeting.
Vote: 5 - 0 - Unanimously
F.
Consideration and Adoption of Ordinance No. 2018-43: An ordinance amending Flagstaff City Code Chapter 7-05, Smokefree Air, to change the Title of Flagstaff City Code, Chapter 7-05 to "SMOKE-FREE/TOBACCO-FREE AIR" and to prohibit the the use of electronic cigarettes, vaping, and all other tobacco products where smoking is already prohibited in the City of Flagstaff. (An ordinance banning electronic cigarettes and similar devices where smoking is already prohibited).
Mr. Solomon offered that the Smokefree Air ordinance was expanded to parks and City cemeteries, at that time the Council wanted to look into furthering the ordinance to include all tobacco products. The primary issue is vaping and e-cigarettes and the proposed ordinance covers all types of tobacco products.
The following individuals addressed Council in support of Ordinance No. 2018-43:
The following individuals addressed Council in support of Ordinance No. 2018-43:
- Nikki White
- Lydia Mendoza
- Andy Fernandez
- Vaping and the use of e-cigarettes are not a safe alternative to regular cigarettes.
- The effects of vaping and e-cigarettes are harmful to the smoker and those around them.
- Support the addition of e-cigarettes and vaping products to the ordinance.
- The Center for Disease Control indicates that the vapor is not harmless.
- One jule pod contains more nicotine than an entire pack of cigarettes
- The City should have eliminated all smoking when the federal government said it was a health hazard.
- The efforts of the young people in Flagstaff to curb the use of tobacco by young people is impressive.
Moved by Councilmember Jim McCarthy, seconded by Councilmember Charlie Odegaard to read Ordinance No. 2018-43 by title only for the first time.
Vote: 5 - 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
12.
DISCUSSION ITEMS
A.
Discussion: Raising the age to 21 to purchase tobacco products
Mr. Solomon stated that the T21 movement to raise the age to purchase tobacco products to 21 has taken off across the country. He is looking to Council for direction on how they would like to proceed.
The following individuals addressed Council in support of a T21 ordinance:
A majority of Council was in favor of further discussion and consideration of an ordinance.
The following individuals addressed Council in support of a T21 ordinance:
- Veronica Vargas
- Tyler Thomas
- Stacey Robbins
- Emily Blink
- Hunter Owens
- Karime Arce-Romero
- T21 is raising the legal purchasing age to 21 for all nicotine products.
- 84% of adult users began before the age of 18 and 95% before the age of 21.
- Raising the minimum age would help limit access to tobacco products.
- T21 could reduce the proliferation of tobacco use in the high schools because many high school students know someone who is 18 who can purchase products for them.
- Over 270 community surveys were collected and 88% of respondents believe that commercial tobacco use is a problem and 84% support T21.
- 94% of middle and high school students believe that tobacco is a problem among their peers and are supportive of T21 for Flagstaff.
- T21 will decrease the changes of tobacco use at a young age.
- The brain is not fully developed until age 25 and tobacco can be harmful to the developing brain.
- T21 will raise awareness on the dangerous effects of tobacco use at a young age.
- Five states and numerous cities have instituted T21.
- Only 1% of smokers start after the age of 24.
- The first T21 ordinance was done in 2005 and to date, not one store has gone out of business as a result of T21.
- T21 can help tobacco retailers because they can use the same sales strategies they use for alcohol such as the vertical identification cards for those under 21.
- Tobacco use is not a right of passage and military service is not an excuse for a lifetime addiction to tobacco.
A majority of Council was in favor of further discussion and consideration of an ordinance.
13.
COUNCIL LIAISON REPORTS
Councilmember Overton reported that NAIPTA is holding their annual advance this Thursday and the conversations will focus on the services they are providing and how the five-year plan will continue to be implemented.
14.
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.): Verification of action regarding Councilmember Putzova's request to place on a future agenda a discussion about Keep Families Free and Together.
Councilmember Putzova requested that the Keep Families Free and Together F.A.I.R. item be expedited.
There was not a Council majority to expedite the item.
There was not a Council majority to expedite the item.
B.
Future Agenda Item Request (F.A.I.R.): A request by Vice Mayor Whelan to place on a future agenda a discussion about Natural habitats on City property being labeled and set aside when mowing occurs.
Vice Mayor Whelan stated that a community member had come forward about butterfly habitats and milkweed being inadvertently cut down. She is hoping that citizens involved with the Arboretum and Master Gardeners could come together and identify habitat areas and place signage there.
A majority of Council agreed to move the item forward to a future agenda.
A majority of Council agreed to move the item forward to a future agenda.
At this time, Vice Mayor Whelan called for Public Participation.
Andy Fernandez addressed Council with various concerns.
Andy Fernandez addressed Council with various concerns.
15.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
None
None
16.
ADJOURNMENT
The Regular Meeting of the Flagstaff City Council held December 4, 2018, adjourned at 8:02 p.m.
The Regular Meeting of the Flagstaff City Council held December 4, 2018, adjourned at 8:02 p.m.
| _______________________________ MAYOR |
|
| ATTEST: |
|
| _________________________________ CITY CLERK |
CERTIFICATION
I, STACY SALTZBURG, 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 December 4, 2018. I further certify that the Meeting was duly called and held and that a quorum was present.
| DATED this 27th day of August, 2019. | |
| ________________________________ CITY CLERK |