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. | Review of Draft Agenda for the May 15, 2018, City Council Meeting.
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6. | Information about the possible funding and installation of a Peace Pole. | ||||||||
7. | Review of Apartment Rental Applicant Fees/Prior to Notice to Applicants of Available Units and/or Number of Applications | ||||||||
8. | Discussion of license agreements, leases, and easements allowing other parties to cross or use City-owned property. | ||||||||
9. | Discussion/Direction: Staff Proposed Amendments to Chapter 3-01 Business License Regulations | ||||||||
10. | Discussion of Camping Ordinance | ||||||||
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: | |||||
Information about the possible funding and installation of a Peace Pole. | |||||
DESIRED OUTCOME: | |||||
Hear presentation regarding the Peace Pole project, discuss, and provide direction.
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EXECUTIVE SUMMARY: | |||||
The Peace Pole is a proposed public art project suggested by a local citizen-group, The Flagstaff Peace Pole Committee (FPPC). Community Design and Redevelopment staff have been assisting the FPPC in designing the pole and an associated bronze plaque that explains the origin and importance of peace poles, as well as determining a suitable location for the project. These links, http://www.un.org/en/events/peaceday/resources.shtml and https://peacepoleproject.org/, provide more information on Peace Poles and International Peace Day, and how other towns and cities have incorporated them into their communities. The pole idea has been presented to two of the City's commissions, Parks and Recreation and Beautification and Public Art. The Heritage Preservation Commission will also consider the pole on May 16th. The Downtown Business Alliance also supports the pole and has pledged to perform maintenance should it become necessary. FPCC and City staff have identified Heritage Square as the preferred location for the pole. As downtown Flagstaff's most heavily used public space, Heritage Square offers the best opportunity for the greatest number of locals and tourists to see the pole. Staff and the FPPC believe the pole’s design compliments the pedestrian use of the Square. Since the Square is owned by the Hopi Tribe, the pole idea will be presented to the Tribal Council by staff the week of April 23rd. As currently designed, the pole design consists of a six-faceted steel obelisk with the phrase “May Peace Prevail on Earth” plasma-cut into each of the pole's facets in the Hopi, Navajo, Spanish, English, and Japanese languages. Universally accepted symbols of peace, or alternatively, the sign-language version of “May Peace Prevail on Earth” would be cut into the sixth facet. The pole will be internally illuminated with LED lighting and is consistent with the City’s dark-sky requirements. The bronze plaque that explains the pole's purpose will be mounted to an existing sandstone boulder adjacent to the pole's planned location. FPCC would like to dedicate the Peace Pole on September 21st, which is International Peace Day. A local Peace Day Celebration is planned by FPCC in Heritage Square on September 22nd. Staff proposes that the pole be completely funded by the BBB (Public Arts and Sciences) tax. Fabrication is by a local sculptor and will cost $4,665. The bronze plaque will cost an additional $1,200. |
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INFORMATION: | |||||
City Council and Regional Plan Goals: Goal CC.5: Support and promote art, science, and education resources for all to experience. Goal LU.11: Prioritize the continual reinvigoration of downtown Flagstaff, whose strategic location, walkable blocks, and historic buildings will continue to be a vibrant destination for all. Policy NH.2: Look to downtown Flagstaff as the primary focal point of the community character |
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Attachments: | Night time simulation | ||
Daytime simulation | |||
Bronze plaque |
7.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE | |||||
Review of Apartment Rental Applicant Fees/Prior to Notice to Applicants of Available Units and/or Number of Applications | |||||
STAFF RECOMMENDED ACTION: | |||||
This item is for discussion only.
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EXECUTIVE SUMMARY: | |||||
This is a FAIR item to discuss regulation of the application fees charged to potential tenants and notice by landlords at the time of application regarding the number of available units and the number of applications already received by the landlord. | |||||
INFORMATION: | |||||
If four Councilmembers want to move this item forward, staff is looking for direction on the type of regulation Council is interested in exploring further. | |||||
Attachments: |
8.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE | |||||
Discussion of license agreements, leases, and easements allowing other parties to cross or use City-owned property. | |||||
STAFF RECOMMENDED ACTION: | |||||
Discussion.
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EXECUTIVE SUMMARY: | |||||
Staff will present to Council various methods (legal instruments) that allow the crossing and use of City-owned property. This discussion will include how license agreements, leases, and easements are approved and by what authority. | |||||
INFORMATION: | |||||
Please see attached presentation. | |||||
Attachments: | Presentation |
9.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE | |||||
Discussion/Direction: Staff Proposed Amendments to Chapter 3-01 Business License Regulations | |||||
STAFF RECOMMENDED ACTION: | |||||
Council Direction.
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EXECUTIVE SUMMARY: | |||||
This work session item will provide an overview of the proposed key amendments to the Business License Regulations, as well as recommended changes in associated Business License and Transaction Privilege Tax (TPT) fees. The goal is to seek input and direction from Council. | |||||
INFORMATION: | |||||
The City's Revenue Director and Senior Assistant City Attorney will present information on staff proposed amendments to the Business License Regulations, as well as recommended changes in associated Business License and Transaction Privilege Tax (TPT) fees. City staff is proposing amendments to Business Licensing Regulations to obtain a complete picture of all businesses located within the City and to help with code compliance. The City currently only requires a business license for certain occupations. The City requires a local transaction privilege tax (TPT) license, but this is now issued by the Arizona Department of Revenue (ADOR). ADOR relies on the City and taxpayers to update its records. The City Council in the past has directed staff to work on new Business Licensing Regulations. The proposed changes are outlined in the attached handout. The proposed fee changes have been posted on the City website and social media. City staff presented the proposed changes to the Chamber of Commerce Business Advocacy Group on April 19th, and to the Downtown Business Alliance group on April 30th. City staff hopes to meet with other community groups as well before the final adoption of changes. The primary changes are: 1. All businesses located within the City must obtain a business license unless exempted by law; 2. The business license fee will be reduced from $20/year to $8/year (the City is able to reduce the annual fee because more businesses will now be licensed); 3. The local TPT license fee will be changed from $46/one time to $38/year (the City is seeking to recoup the $150,000/year being charged to the City by ADOR for local tax administration); 4. Peddlers and solicitors will no longer have a separate licensing system, they will obtain a business license. |
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Attachments: | Proposed Business License Changes Comparison Chart | ||
PowerPoint |
10.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE | |||||
Discussion of Camping Ordinance | |||||
STAFF RECOMMENDED ACTION: | |||||
Leave the camping ordinance the way it currently is written so it is enforceable and able to withstand any legal challenges and remains an effective tool to combat the real risk and danger of forest fires
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EXECUTIVE SUMMARY: | |||||
The camping ordinance was passed in 2005 to provide for the safety, harmonious use, and well-being of all users of city property. The ordinance prohibits the storage of personal belongings and placement of structures on public property within the city limits for living accommodation purposes, thus limiting the dangers of forest fires, littering, and overuse and abuse of public property. The Police Department previously provided information to Council on the ordinance and enforcement efforts. Upon completion of the presentation Council wanted further discussion of this ordinance, an exploration of similar ordinances in the Southwest, and research on what other communities are doing to address the homeless issue. The City Attorney's office feels the existing Ordinance should be left whole or repealed in its entirety, as any further changes will make the Ordinance un enforceable and more susceptible to legal challenges. | |||||
INFORMATION: | |||||
This ordinance was first passed in October of 2005. In 2009 it was revisited by council and the severity of the crime was lessened from a class one misdemeanor to a class three misdemeanor. The current ordinance reads as follows: It is unlawful for any individual to camp on public property within the Flagstaff city limits unless specifically authorized by law. For this section, the term "camping" means the use of any city property or any undeveloped, unimproved county, state, and federal property for living accommodation purposes, including, but not limited to, activities such as: (1) Sleeping activities or making preparations to sleep including the laying down of bedding for the purpose of sleeping; (2) Storing personal belongings; (3) Making any fire, other than in a fire or barbecue pit provided by the City for such use; (4) Using any tent, shelter, vehicle, or other structure for sleeping; (5) Cooking, other than in a fire or barbecue pit provided by the City for such use. The above listed activities shall constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting such activities, are in fact using the area for living accommodation purposes, either as recreational camping or as a primary living space, and regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. "Camping" shall be distinguished from those short term uses such as napping and picnicking that are characterized by brief and intermittent use of city property for recreational purposes during daylight hours. C. No person shall be arrested for a violation of this ordinance unless the person continues to engage in such conduct after warning by any police officer or authorized representative of the government entity responsible for such public property, or unless such property has been conspicuously posted with a warning of the provisions of this ordinance. D. For the purpose of this section " city property" shall mean all real property including appurtenances thereon which is owned, leased, or controlled by the City and shall include all improved or unimproved land, all public right of ways including trails, easements, public sidewalks and public parking lots. E. A violation of this section is a class 3 misdemeanor. Each day that a violation of this section continues shall constitute a separate offense. F. Necessity, as set forth in ARS 13-417, is a defense to prosecution under this Section. The necessity defense found in ARS §13-417 has been incorporated into this ordinance. This defense reads that conduct that would otherwise be considered an offense shall be justified if a reasonable person felt compelled to engage in the conduct and had no reasonable alternative to avoid imminent public or personal injury. The Council discussion at the time reflected concern that an individual who during the winter months was found sleeping in a sleeping bag to avoid freezing when shelters are full should not be held responsible for the crime of camping in the City limits. Concern was also expressed that an individual fleeing from an abusive relationship (such as domestic violence) should also not be held criminally liable under this ordinance-especially those individuals found sleeping in their vehicle. Officers were directed again to consider the totality of the circumstances to determine if a violation of this ordinance has occurred given the spirit of the ordinance. Sleeping alone does not constitute an offense, however setting up temporary shelter, cooking, campfires for warmth, etc may collectively establish a reason to believe a person is camping. This ordinance is used sparingly as a tool by officers to help protect our forest and watershed. Officers conduct wood watch patrols during the summer months to help keep the forested areas around the city free from litter and to reduce fire danger from illegal camp and cooking fires. The Officers usually conduct fly overs to identify camps or follow up on reports from concerned citizens. The following morning, they hike in to the camps, providing the occupants with a listing of social services and advising them of the ordinance. Follow up is conducted within the next few days to make sure the camp has been removed. The ordinance has also been enforced when citizens in neighborhoods or at businesses report people camping in vehicles for extended periods of time on public streets and in public right of ways such as along Lucky Lane. Officers with the Police Department make approximately 7,000 arrest per year for various violations of statutes and ordinances. We have made 21 arrests for the camping ordinance over the past four years (four in 2013, nine in 2014, four in 2015, and four in 2016). Camping arrests make up less than 1% of our total arrests. Four of the 21 persons arrested had charges in addition to the camping violation. Most suspects were issued a citation and released, rather than taken into custody. Officers with the Flagstaff Police Department have issued dozens of warnings for camping violations (2013 - 26 warnings, 2014 - 70 warnings, 2015 - 47 warnings, 2016 - 60 warnings). |
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Attachments: | Camping Warning | ||
Camping Ordinances Memo | |||
PowerPoint |