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Voting Record
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12/11/2018 - City Council Combined Special Meeting/Work Session
Passed 6.  Consideration and Adoption of Ordinance No. 2018-42:  Amending the Flagstaff City Code, Title 8, Public Ways and Property, Chapter 12, Special Events.
Motion:  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.
Passed 6.  Consideration and Adoption of Ordinance No. 2018-42:  Amending the Flagstaff City Code, Title 8, Public Ways and Property, Chapter 12, Special Events.
Motion:  to adopt Ordinance No. 2018-42.
Passed 7.  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).
Motion:  to read Ordinance No. 2018-43 by title only for the final time.
Passed 7.  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).
Motion:  to adopt Ordinance No. 2018-43.
Passed 8.  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.
Motion:  to read Ordinance No. 2018-37 by title only for the final time.
Passed 8.  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.
Motion:  to adopt Ordinance No. 2018-37.
Passed 9.  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.
Motion:  to adopt Resolution No. 2018-58.
Passed 9.  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.
Motion:  to read Ordinance No. 2018-45 by title only for the final time.
Passed 9.  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.
Motion:  to adopt Ordinance No. 2018-45.
Passed 10.  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.
Motion:  to read Ordinance No. 2018-39 by title only for the final time.
Passed 10.  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.
Motion:  to adopt Ordinance No. 2018-39.
Passed 11.  Consideration and Adoption of Resolution No. 2018-60:  A resolution stating the desire of the City of Flagstaff Housing Authority to obtain a Moving to Work designation and agreeing to comply with the Moving to Work objectives and statutory requirements, as well as the operations notice.
Motion:  to read Resolution No. 2018-60 by title only.
Passed 11.  Consideration and Adoption of Resolution No. 2018-60:  A resolution stating the desire of the City of Flagstaff Housing Authority to obtain a Moving to Work designation and agreeing to comply with the Moving to Work objectives and statutory requirements, as well as the operations notice.
Motion:  to adopt Resolution No. 2018-60.
12.  Consideration and Approval of Contract:  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.
Motion:  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.
Passed 12.  Consideration and Approval of Contract:  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.
Motion:  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.
Passed 12.  Consideration and Approval of Contract:  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.
Motion:  
12/11/2018 - City Council Special Meeting (Executive Session)
Passed 3.  Recess into Executive Session
TOTALS: ABSENT:   2 AYE:   4