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FINAL AGENDA

A M E N D E D 

 
REGULAR COUNCIL MEETING
TUESDAY

DECEMBER 4, 2018
  COUNCIL CHAMBERS
211 WEST ASPEN AVENUE
4:30 P.M. AND 6:00 P.M.

 
4:30 P.M. MEETING
 
Individual Items on the 4:30 p.m. meeting agenda may be postponed to the 6:00 p.m. meeting.
 
             
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 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.
 
MAYOR EVANS
VICE MAYOR WHELAN
COUNCILMEMBER BAROTZ
COUNCILMEMBER MCCARTHY

COUNCILMEMBER ODEGAARD
COUNCILMEMBER OVERTON
COUNCILMEMBER PUTZOVA
 
3.  
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.
 
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 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. 
 
5.   PROCLAMATIONS AND RECOGNITIONS
 
A.   Proclamation: Nackard Family of Companies 75th Anniversary
 
6.   LIQUOR LICENSE PUBLIC HEARINGS
 
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 .
 
  STAFF RECOMMENDED ACTION:  
 
 
Open the public hearing.
Receive citizen input.
Close the public hearing.

The City Council has the option to:
(1) Forward the application to the State with a recommendation for approval;
(2) Forward the application to the State with a recommendation for denial based on information from staff, the testimony received at the public hearing and/or other factors.
 
B.   Consideration and Action on Liquor License Application:  Shane Shumway "Marriott Residence Inn," 100 N. Humphreys, Series 10 (beer and wine store), New License.
 
  STAFF RECOMMENDED ACTION:  
 
 
Open the public hearing.
Receive citizen input.
Close the public hearing.

The City Council has the option to:
(1) Forward the application to the State with a recommendation for approval;
(2) Forward the application to the State with a recommendation for denial based on information from staff, the testimony received at the public hearing and/or other factors.
 
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
 
  STAFF RECOMMENDED ACTION:  
 
 
At the December 4, 2018 Council Meeting:
1) Adopt Resolution No. 2018-43
2) Read Ordinance No. 2018-32 by title only for the final time
3) City Clerk reads Ordinance No. 2018-32 by title only (if approved above)
4) Adopt Ordinance 2018-32
 
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).
 
  STAFF RECOMMENDED ACTION:  
 
 
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.

Authorize the City Manager to make any non-substantive changes to the Master Lease and Services Agreement.
 
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) 
 
  STAFF RECOMMENDED ACTION:  
 
 
At the December 4, 2018, Council Meeting:
1) Read Ordinance No. 2018-40 by title only for the final time
2) City Clerk reads Ordinance No. 2018-40 by title only (if approved above)
3) Adopt Ordinance No. 2018-40
 
 
RECESS

6:00 P.M. MEETING

RECONVENE
 
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.
 
MAYOR EVANS
VICE MAYOR WHELAN
COUNCILMEMBER BAROTZ
COUNCILMEMBER MCCARTHY

COUNCILMEMBER ODEGAARD
COUNCILMEMBER OVERTON
COUNCILMEMBER PUTZOVA
 
9.   PLEDGE OF ALLEGIANCE
 
10.   CARRY OVER ITEMS FROM THE 4:30 P.M. AGENDA
 
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.
 
  STAFF RECOMMENDED ACTION:  
 
 
At the December 4, 2018 Council Meeting:
1) Read Ordinance No. 2018-39 by title only for the first time
2) City Clerk reads Ordinance No. 2018-39 by title only (if approved above)
At the December 11, 2018 Council Meeting:
3) Read Ordinance No. 2018-39 by title only for the final time
4) City Clerk reads Ordinance No. 2018-39 by title only (if approved above)
5) Adopt Ordinance No. 2018-39
 
B.   Consideration and Adoption of Ordinance No. 2018-42:  Amending the Flagstaff City Code, Title 8, Public Ways and Property, Chapter 12, Special Events.
 
  STAFF RECOMMENDED ACTION:  
 
 
At the December 4, 2018 Council Meeting:
1) Read Ordinance No. 2018-42 by title only for the first time.
2) City Clerk reads Ordinance No. 2018-42 by title only (if approved above).
At the December 11, 2018 Council Meeting:
3) Read Ordinance No. 2018-42 by title only for the final time.
4) City Clerk reads Ordinance No. 2018-42 by title only (if approved above).
5) Adopt Ordinance No. 2018-42.
 
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.
 
  STAFF RECOMMENDED ACTION:  
 
 
At the December 4, 2018 Council Meeting:
1) Read Resolution No. 2018-58 by title only
2) Read Ordinance No. 2018-45 by title only for the first time
3) City Clerk reads Ordinance No. 2018-45 by title only (if approved above)
At the December 11, 2018 Council Meeting:
4) Adopt Resolution No. 2018-58
5) Read Ordinance No. 2018-45 by title only for the final time
6) City Clerk reads Ordinance No. 2018-45 by title only (if approved above)
7) Adopt Ordinance 2018-45
 
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.
 
  STAFF RECOMMENDED ACTION:  
 
 
At the December 4, 2018 Council Meeting:
1) Read Ordinance No. 2018-37 by title only for the first time
2) City Clerk reads Ordinance No. 2018-37 by title only (if approved above)
At the November 11, 2018 Council Meeting:
3) Read Ordinance No. 2018-37 by title only for the final time
4) City Clerk reads Ordinance No. 2018-37 by title only (if approved above)
5) Adopt Ordinance No. 2018-37
 
E.   Consideration and Approval: Canceling the 4:30 p.m. portion of the December 18, 2018 Regular Council Meeting
 
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).
 
  STAFF RECOMMENDED ACTION:  
 
 
At the December 4, 2018 Council Meeting:
1) Read Ordinance No. 2018-43 by title only for the first time.
2) City Clerk reads Ordinance No. 2018-43 by title only (if approved above).
At the December 11, 2018 Council Meeting:
3) Read Ordinance No. 2018-43 by title only for the final time.
4) City Clerk reads Ordinance No. 2018-43 by title only (if approved above).
5) Adopt Ordinance No. 2018-43.
 
12.   DISCUSSION ITEMS
 
A.   Discussion: Raising the age to 21 to purchase tobacco products
 
B.   Review of letter to Arizona Public Service to refrain from influencing electoral politics.

ITEM MOVED TO DECEMBER 11, 2018
 
13.   COUNCIL LIAISON REPORTS
 
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.
 
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.
 
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.
 
15.   INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTURE AGENDA ITEM REQUESTS
 
16.   ADJOURNMENT
 
CERTIFICATE OF POSTING OF NOTICE

The undersigned hereby certifies that a copy of the foregoing notice was duly posted at Flagstaff City Hall on                      , at                a.m./p.m. in accordance with the statement filed by the City Council with the City Clerk.

Dated this               day of                                       , 2018.



__________________________________________
Stacy Saltzburg, MMC, City Clerk
                                            

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