WORK SESSION AGENDA
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1. | Call to Order
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 work session, 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).
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2. | Pledge of Allegiance and Mission Statement MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
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3. | Roll Call
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4. | Public Participation Public Participation enables the public to address the council about items that are not on the prepared agenda. Public Participation appears on the agenda twice, at the beginning and at the end of the work session. You may speak at one or the other, but not both. Anyone wishing to comment at the meeting is asked to fill out a speaker card and submit it to the recording clerk. When the item comes up on the agenda, your name will be called. 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 to have 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. |
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5. | Preliminary Review of Draft Agenda for the October 17, 2017, City Council Meeting.*
* Public comment on draft agenda items may be taken under “Review of Draft Agenda Items” later in the meeting, at the discretion of the Mayor. Citizens wishing to speak on agenda items not specifically called out by the City Council for discussion under the second Review section may submit a speaker card for their items of interest to the recording clerk.
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6. | Indigenous Youth STEM Academy at Picture Canyon | ||||||||
7. | Indigenous Circle of Flagstaff Presentation | ||||||||
8. |
Uranium Transportation Update. |
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9. | Overview of Proposition 207 (A.R.S. § 12-1134). | ||||||||
10. | Review of Draft Agenda Items for the October 17, 2017, City Council Meeting.*
* Public comment on draft agenda items will be taken at this time, at the discretion of the Mayor.
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11. | Public Participation | ||||||||
12. | Informational Items To/From Mayor, Council, and City Manager; future agenda item requests. |
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13. | Adjournment | ||||||||
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6.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Indigenous Youth STEM Academy at Picture Canyon | |||||
DESIRED OUTCOME: | |||||
This is an informational update on the Indigenous Youth STEM Academy.
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EXECUTIVE SUMMARY: | |||||
In the summer of 2017, the Open Space Program established the Indigenous Youth STEM Academy (IYSA) at Picture Canyon Natural and Cultural Preserve as a way of providing an opportunity for Indigenous youth to learn about science, technology, engineering, and math (STEM) in connection to culture through outdoor education. As Native Americans are one of the most underrepresented groups within STEM careers and among STEM degree-holders, the Open Space Program feels there is a significant need for focused programming with Indigenous youth on these topics. The three primary goals of the IYSA are:
Staff is now in the planning process for expanding the impact of the program with enhanced collaboration and focused sessions with a specific Indigenous youth group during the 2018 spring and fall school semesters. |
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INFORMATION: | |||||
Connection to City Council Goal and/or Regional Plan: City Council Goals: Enhance public transparency and accessibility Actively manage and protect all environmental and natural resources Regional Plan: Goal OS.1. The region has a system of open lands, such as undeveloped natural areas, wildlife corridors and habitat areas, trails, access to public lands, and greenways to support the natural environment that sustains our quality of life, cultural heritage, and ecosystem health. Goal LU.3. Continue to enhance the region’s unique sense of place within the urban, suburban, and rural context (Policy LU.3.3). Goal CC.2. Preserve, restore, and rehabilitate heritage resources to better appreciate our culture. Goal ED.7. Continue to promote and enhance Flagstaff’s unique sense of place as an economic driver. Goal REC.1. Maintain and grow the region’s healthy system of convenient and accessible parks, recreation facilities, and trails. Financial Impact: Funding for this program derives from the Open Space Program’s base budget (214-06-170-0665), with one-time $2,000 as allocated by City Council during the 2017 budget cycle. |
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Attachments: | PowerPoint |
7.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE | |||||
Indigenous Circle of Flagstaff Presentation | |||||
STAFF RECOMMENDED ACTION: | |||||
Council Direction
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EXECUTIVE SUMMARY: | |||||
On October 20, 2015, the City Council approved a Future Agenda Item Request (F.A.I.R) to discuss Indigenous Peoples, including:
On March 8, 2016 the City Council held a discussion about organizing a series of input sessions to engage Flagstaff’s indigenous community members. Staff was directed to assist the Indigenous Circle of Flagstaff in facilitating a series of listening sessions. Upon conclusion of the outreach, Council would reconvene to identify policies and develop a plan to address the challenges facing Flagstaff’s indigenous community members. Over the past year, the following listening tours were held:
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INFORMATION: | |||||
Goal #8) Improve effectiveness of notification, communication, and engagement with residents, neighborhoods and businesses and about City services, programs, policies, projects and developments | |||||
Attachments: | Attachment 1: ICF Presentation |
8.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE | |||||
Uranium Transportation Update. |
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STAFF RECOMMENDED ACTION: | |||||
Council Discussion.
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EXECUTIVE SUMMARY: | |||||
Background: On June 6, 2017 the City of Flagstaff received a petition asking Council to: 1) Establish a resolution to oppose transport of uranium ore and other radioactive materials from Canyon Mine to the White Mesa Mill near Blanding Utah; or, 2) Explore creation of an ordinance opposing transport of uranium ore through Flagstaff roadways. The petition was brought before Council on July 5, 2017. At that meeting, Councilmembers Putzova and Barotz requested Uranium transportation through Flagstaff be discussed as a Future Agenda Item. Below is staffs response on whether the City of Flagstaff has jurisdiction over the transport of uranium within City limits. Overview: Federal law preempts cities from specifically regulating the transport of uranium, unless federal legislation delegates such regulatory authority. Cities may in some cases designate alternate or preferred routes for the transport of hazardous materials such as uranium, however. Cities also have responsibility for responding to emergencies involving hazardous materials. The federal government exercises general preemption over state and local governments in the regulation of transportation of radioactive materials and waste. The authority to do so is primarily contained in Article VI, paragraph 2 of the United States Constitution, commonly referred to as the Supremacy Clause; the Atomic Energy Act of 1954, 42 U.S.C. § 2011, et seq (“AEA”); the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq (“HMTA”); the Energy Reorganization Act of 1974 which established the Nuclear Regulatory Commission, 42 U.S.C. § 5841, et seq; and the Federal Railroad Safety Act, 45 U.S.C.§ 431, et seq. While additional research is being performed by legal it currently appears no exceptions allow the City to attempt to regulate the transport or containment of uranium because under the Atomic Energy Act, the federal government occupied the entire field of nuclear safety so that most state and local efforts concerning nuclear safety are preempted. In Pacific Gas and Electric Co. v. State Energy Resources Conservation and Development Comm’n, 461 U.S. 190, 212, 103 S.Ct. 1713, 1726 (1983), the United States Supreme Court held that the federal government has occupied the entire field of nuclear safety concerns, except for limited powers that are expressly delegated to the states. Any state (or municipal) regulation which is inconsistent with federal law in the field of nuclear materials is preempted because of the Supremacy Clause of the U.S. Constitution. Jersey Central Power and Light Company v. Township of Lacey, 772 F.2d 1103, 1110 (3rd Cir. 1985). The Hazardous Materials Transportation Act preempts state and municipal regulations concerning hazardous materials, including radioactive materials. The federal Department of Transportation has determined that any delay in transportation may reduce safety, and therefore such regulations are preempted. The Arizona Department of Transportation (“ADOT”) regulates radioactive material, including uranium, as a hazardous material. See: ADOT, Arizona Commercial Driver License Manual, Hazmat Section 9. In some cases, states or municipalities may require carriers transporting radioactive material to use major city thoroughfares or designate alternate routes, as long as the requirements are not inconsistent with federal law. States and cities may apply “rule of the road” restrictions that apply to all vehicles to hazardous materials vehicles without being inconsistent with federal law. In addition, if the routes to be utilized by trucks transporting uranium through the City of Flagstaff are state routes, ADOT would have primary authority over them and ensuring their safety. Because federal law generally preempts cities from specifically regulating the transport of uranium, it appears the City may not prohibit the transport of uranium on city streets. However, the City may in conjunction with ADOT address the transport of uranium in the same way other types of hazardous materials are addressed. The City may also be able to designate preferred routes to be taken by trucks transporting uranium ore from the mines to out-of-state processing plants and additional conversations with ADOT and the Arizona Attorney General's are underway on this subject. The United States has an agreement with the International Atomic Energency Agency (IAEA), implemented through 10 CFR Part 75, that covers uranium processing facilities and mines. Material accounting and control information is collected by the covered facilities through the USNRC, and the facilities are subject to inspection by IAEA personnel on an ad hoc, routine, or special inspection basis (10 CFR § 75.8). Packaging design requirements are regulated by the USNRC, and it has responsibility for establishing requirements for the design and manufacture of packages for radioactive materials (10 CFR Part 71) The U.S. Department of Transportation (USDOT) regulates shipments while they are in transit, and sets standards for labeling and smaller quantity packages in accordance with their hazardous contents. |
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INFORMATION: | |||||
Council Goals: Social Justice. | |||||
Attachments: |
9.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE | |||||
Overview of Proposition 207 (A.R.S. § 12-1134). | |||||
STAFF RECOMMENDED ACTION: | |||||
Information only
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EXECUTIVE SUMMARY: | |||||
In preparation for upcoming Council discussions regarding proposed zoning code amendments, the City Attorney's Office will provide a brief overview of the Private Property Rights Protection Act, in particular A.R.S. § 12-1134, which is commonly referred to as Prop. 207. The discussion will be limited to the general requirements of the law. No legal advice will be provided. If legal advice regarding a specific application of the law is requested, Council can vote to go into executive session or an executive session will be scheduled on a future agenda. | |||||
INFORMATION: | |||||
Pursuant to A.R.S. § 12-1134, the enactment of a land use law that reduces the existing rights to use, divide, sell or possess private real property may require the city or town that enacted the law to compensate affected property owners for any reduction in the fair market value of their property. This law does not prohibit the City Council from enacting land use laws that negatively impact property values; it merely states that, in some cases, compensation may be required. More detail will be provided during discussion. | |||||
Attachments: | A.R.S. 12-1134 | ||
A.R.S. 12-1136 |