[00:00:01]
READY? OKAY.GOOD EVENING, LADIES AND GENTLEMEN.
[1. CALL TO ORDER/PLEDGE OF ALLEGIANCE/MOMENT OF SILENCE/ROLL CALL]
HAVE A LITTLE CHANGE, UH, RIGHT NOW.UH, WE'VE, WE DON'T, WE'RE GONNA TRY TO FIND THE MAYOR AND, UM, IT HAS ME A LITTLE CONCERN, SO BEAR WITH ME.
AND, UH, WE'RE GOING TO START THE MEETING.
AND PLEASE JOIN ME WITH, FOR THE PLEDGE, I PLEDGE ALLEGIANCE TO THE PLEDGE OF THE UNITED STATES OF AMERICA AND REPUBLIC ONE NATION UNDER GOD, INDIVIDUAL WITH LIBERTY AND JUSTICE.
AND WE'LL TAKE A, A MOMENT OF SILENCE.
SHE'S ON HER WAY, SO THAT'S A GOOD THING.
WE'LL TAKE ALL MOMENT OF SILENCE NOW.
AND MADAME CLERK, YOU WANNA CALL THE ROLE VICE MAYOR JLO, PRESENT COUNSELOR ELA.
AND MAYOR MO YARDI'S ON THE WAY.
AND WE'LL START WITH THE MOMENT OF ART.
[2. CITY’S VISION/MOMENT OF ART]
ALL RIGHT.THE VISION THAT THE CITIZENS HAVE FOR THE FUTURE OF THEIR CITY IS TO BE A CITY THAT IS CONSTANTLY VIGILANT OVER THE PRESERVATION OF THIS NATURAL MEANING.
SEEING THIS IS PERCEIVED ENVIRONMENT AND CULTURAL HERITAGE.
TO BE A CITY THAT RETAINS ITS SMALL TOWN CHARACTER AND CREATES ITS MANMADE IMPROVEMENTS, STRICT HARMONY WITH NATURE, TO BE A CITY THAT IS ANIMATED BY THE ARTS AND LIVES WITH A SPIRIT OF VOLUNTEERISM TO HELP ACHIEVE OUR COMMON GOALS.
TO BE A CITY THAT OFFERS EQUAL OPPORTUNITIES FOR ALL AND FOSTERS A SENSE OF COMMUNITY, TO BE A CITY THAT WELCOMES AND ACCOMMODATES ALL OF ITS VISITORS AND FUTURE RESIDENTS.
THE SPIRIT OF FELLOW, TO BE A CITY THAT RETAINS AND ENHANCES A STRONG, VITAL ECONOMY, WHICH PRESERVES EXISTING LIFESTYLES WITHOUT EXPLOIT THE NATURAL PEOPLE.
AND FINALLY, TO BE A CITY THAT LIVES UP TO THE CHALLENGE, THE PROPER STEWARDSHIP OF ONE OF THE EARTH'S GREAT TREASURES.
GOOD EVENING, VICE MAYOR AND COUNSELORS.
UM, I'M GONNA GO AHEAD AND SAY WHAT I WAS GOING TO SAY.
EVEN THOUGH THE MAYOR ISN'T HERE YET.
I WANTED TO THANK HER FOR EIGHT YEARS OF SERVICE AND FOR BEING SUCH A STRONG SUPPORTER OF THE ARTS.
IT MEANT A LOT TO ME OVER THESE LAST EIGHT YEARS TO WORK TOGETHER AND HAVE THAT SUPPORT.
AND I JUST WANTED TO GO ON THE RECORD CUZ I DON'T THINK MOST PEOPLE KNOW THAT THE CONCEPTION OF THE MOMENT OF ART WAS MAYOR MOES AND JESSICA, YOU HAD A SAY IN THAT TOO.
BECAUSE WE, I REMEMBER A MEETING, YOU WERE THERE AND YOU WERE ALL FOR IT, BUT YES, IT WAS ULTIMATELY HER DECISION AND COUNCIL VOTED ON IT.
AND THE FIRST MOMENT OF ART WAS APRIL, 2015.
SO WE'VE BEEN HAVING THESE FOR SEVEN YEARS, AND I REALLY ENJOY BRINGING THIS TO COUNCIL, UM, ONCE A MONTH.
SO I WANNA THANK YOU, SANDY, WHEN YOU COME BACK, UM, AND MAYOR, AND HOPE THAT'S ALL.
SO, UM, FOR TODAY'S MOMENT OF ART, WE ARE HAVING, UM, THE SEDONA HISTORICAL SOCIETY'S 40TH ANNIVERSARY TIME CAPSULE PROJECT.
WE'RE GONNA TALK ABOUT THE TIME CAPSULE IS A CELEBRATION OF THE HISTORICAL SOCIETY'S FIRST 40 YEARS.
AND ONCE SEALED LATER THIS MONTH, IT WILL NOT BE REOPENED FOR ANOTHER 40 YEARS.
SO I'M NOT SURE HOW MANY OF US WILL BE HERE, BUT, UM, IT'S SOMETHING FOR FUTURE GENERATIONS TO LOOK FORWARD TO.
UH, THE PROJECT RECEIVED OVER A HUNDRED UNIQUE CONTRIBUTIONS FROM PIONEER FAMILIES, RESIDENTS, SCHOOLS, BUSINESSES, NON-PROFIT ORGANIZATIONS, AND THE CITY OF SEDONA.
THE CAPSULE WILL BE BURIED, WHICH IT'S NOT REALLY GOING IN THE DIRT, IT'S GOING INTO A ARCHIVAL AREA.
UM, IN A PUBLIC EVENT ON NOVEMBER 16TH AT 11:30 AM AT THE SEDONA HERITAGE MUSEUM.
AND HERE TO SHARE THE HIGHLIGHTS OF THE TIME CAPSULE.
AND WELCOME THE NEW EXECUTIVE DIRECTOR, NATE MYERS AND KATHY LEVIN, A MEMBER OF THE SEDONA HISTORICAL SOCIETY BOARD OF TRUSTEES.
[00:05:03]
VICE MAYOR COUNCIL, UH, THANK YOU SO MUCH FOR HAVING US HERE TODAY.I AM THE EXECUTIVE DIRECTOR OF THE SEDONA HERITAGE MUSEUM.
UM, I'VE BEEN ON THE JOB A WHOLE SIX WEEKS, SO, UM, KIND OF STILL NEW, I THINK.
UM, BUT, UH, I I'M SO EXCITED TO BE HERE TODAY AND, AND TO HAVE THIS OPPORTUNITY TO SHARE THIS WITH YOU.
UM, THE HISTORICAL SOCIETY HAS BEEN AROUND FOR 40 YEARS, UH, THE TIME CAPSULES, A PROMISE TO, TO KEEP OUR MISSION OF COLLECTING, PRESERVING, AND INTERPRETING THE HISTORY OF THE SEDONA AREA FOR ANOTHER 40 YEARS.
UH, AND SO WITH THAT IN MIND, I'M GONNA TURN IT OVER TO OUR BOARD MEMBER, KATHY LEVIN, UH, WHO WILL WALK YOU THROUGH SOME OF THE HIGHLIGHTS OF, UH, THE SUBMISSIONS.
GOOD EVENING, VICE MAYOR AND COUNCIL.
I'M A BOARD MEMBER OF THE SEDONA HISTORICAL SOCIETY BOARD OF TRUSTEES ON THIS DAY THAT BEGAN WITH A TOTAL ECLIPSE OF THE MOON.
AND WE'LL END WITH A MONUMENTAL ELECTION TONIGHT.
I'D LIKE TO SLIP IN A LITTLE MAGIC AND HOPE INTO YOUR HEARTS.
THE MAGIC CAME WHEN WE ASKED THE COMMUNITY TO RESPOND TO OUR REQUEST FOR CONTRIBUTIONS TO A TIME CAPSULE THAT WOULD BE OPENED IN 40 YEARS FROM NOW.
THE PROJECT WAS HATCHED TO COMMEMORATE THE SOCIETY'S 40TH ANNIVERSARY.
WE ASKED, WHAT WOULD YOU WANT VISITORS TO THE SEDONA HERITAGE MUSEUM TO KNOW ABOUT THIS TIME IN SEDONA 20 22, 40 YEARS FROM NOW? WE RECEIVED MANY THOUGHTFUL PERSONAL MEMORIES OF LIFE GROWING UP HERE FROM THE 1930S TO THE 1970S.
RECEIVED BOOKS, DVDS, CATALOGS, BROCHURES, AND OBJECTS OF SIGNIFICANCE TO MANY PEOPLE.
WE ALSO GOT ORGANIZATIONAL HISTORIES FROM KSB, NORTHERN ARIZONA, AUDUBON, SEDONA KIND, AND SEDONA WESTERNERS, AS AN EXAMPLE, POP UP.
WE GOT A COMPLETE PHOTO NOTEBOOK OF THE ARIZONA TERRITORIAL RANGERS IN A SCRAPBOOK THAT DOCUMENTS THEIR HISTORY HERE IN THE STATE OF ARIZONA.
CAN YOU BRING THE MIC A LITTLE CLOSER? SURE.
UH, THIS IS FROM THE ARIZONA RANGERS, UH, LIEUTENANT NICK KAIN PUT TOGETHER THIS NOTEBOOK, WHICH INCLUDES OLD, UM, PHOTOGRAPHS FROM NEWSPAPERS, A LIST OF ALL OF THE RANGERS THAT ARE CURRENTLY SERVING THE SEDONA VERDE VALLEY, JEROME CLARKDALE DISTRICT, OF WHICH THERE, I THINK, I DON'T KNOW THAT NUMBER.
AND THE RANGERS ASSIST BOTH FEDERAL, UH, STATE, REGIONAL, AND LOCAL LAW ENFORCEMENT IN THE COMPANY.
NUMBER 17, WHICH COVERS THIS AREA, I THINK THERE ARE ABOUT 40.
WE ALSO RECEIVED BOOKS FROM DIVERSE AUDIENCES AND FROM LOCAL, UH, THAT WERE WRITTEN FOR DIVERSE AU AUDIENCES AND FROM LOCAL AUTHORS.
AND NOTABLY LISA SCHLEY HEIDINGER, WHO'S THE GREAT GRANDDAUGHTER OF SEDONA SCHLEY DONATED THIS JOURNAL, WHICH SHE WROTE, AND I BELIEVE, IS IT IN OUR GIFT SHOP? YES, IT'S AVAILABLE FOR SALE IN OUR GIFT SHOP.
THE, UH, SEDONA WESTERNERS GAVE US A BANDANA AND A BOLO, AND I DON'T THINK WE CAN SEE ON THE SCREEN, BUT, UM, THAT'S THE, THE ORIGINAL LOGO FROM WHEN THIS HIKING GROUP WAS FORMED IN THE 1960S.
AND IT SAYS, TRAIL BOSS ON IT, WHICH IS A VERY COVETED TITLE.
UM, YOU MAY BE AWARE OF THEIR HISTORY, OR YOU MAY EVEN HIKE WITH THE WESTERNERS, BUT IN THE 1970S, THEY PUT TOGETHER THIS BEAUTIFUL HARD BOUND BOOK OF INDIVIDUAL STORIES ON ALL OF THE HIKES AROUND THE SEDONA AREA.
SO THAT CAME FROM SEDONA WESTERNERS NEXT, UH, UH, THIS, UH, IS A PESO COIN THAT EMILIANO, UM, PROVIDED TO US ALONG WITH THE COVER SHEET.
HE HAD DROPPED THIS OFF AT THE BOX, HAD AT THE, UH, SEDONA PUBLIC LIBRARY.
AND THE REASON HE CHOSE THAT COIN IS THAT AS HE TOLD US, IT WA IT CONTAINED THE SAME DATE AS HIS BIRTH YEAR 2013.
WE RECEIVED, UH, ENTRIES FROM THE SEDONA CHARTER SCHOOL, SEDONA RED ROCK HIGH SCHOOL AND MIDDLE SCHOOL FROM WEST SEDONA.
AND, UM, AND THIS IS THE ITEM THAT THE WEST SEDONA SCHOOL PROVIDED TO US, THEIR ART TEACHER, SARAH HORTON AND DOC, I'M NOT SURE IF IT, I THINK IT IS DR.
TAVA, WHO IS THE PRINCIPAL, UM, HAD INSCRIBED ON THE ONE SIDE, ALL OF THE STUDENT NAMES, ALL OF THE TEACHER NAMES,
[00:10:01]
AND ON THE BACK, UM, UH, FINGERPRINT IN PAINT FROM EVERY SINGLE STUDENT.THE ENTIRE PROJECT CAPTURED THE HEARTS AND IMAGINATION, REFLECTION, MAGIC, AND HOPE OF THIS COMMUNITY.
IT CREATED A WAY TO MAKE AN AUTHENTIC CONTRIBUTION THAT WOULD MEAN SOMETHING TO SOMEBODY WHEN REVEALED 40 YEARS IN THE FUTURE.
AND IT SHOULD BE NOTED THAT AT THIS MOMENT IN TIME, OUR 40TH ANNIVERSARY, NATE MYERS HAS BECOME OUR FIRST PROFESSIONAL EXECUTIVE DIRECTOR.
THERE'S MAGIC AND HOPE IN THAT APPOINTMENT TOO.
I WANNA END WITH AN ESSAY THAT, OR A LETTER THAT WAS WRITTEN BY JOHN THOMPSON, OUR CURRENT COUNCIL MEMBER, UH, ENTITLED A LETTER TO SEDONA ACROSS TIME.
THE SIMPLE FACT THAT YOU ARE READING THIS IS GOOD NEWS BECAUSE THERE ARE MANY OF US BACK HERE IN 2022 WHO HAVE SERIOUS DOUBTS THAT YOU OR ANYONE WILL BE THERE IN 2062, OR THAT EVEN IF YOU ARE THERE, YOU'LL BE TOO CHANGED FROM US, TOO FOCUSED ON SIMPLY SURVIVING OR TOO DISINTERESTED IN HISTORY TO CARE ABOUT WHAT'S IN THIS TIME CAPSULE.
I'M WRITING TO YOU ON A PERFECTLY, PERFECTLY TEMPERATE OCTOBER LATE AFTERNOON FROM MY PATIO WHERE I TYPE ON A BLUETOOTH KEYBOARD CONNECTED TO MY IPAD.
I CAN CLEARLY SEE SEDONAS ICONIC RED ROCKS AGAINST A CLEAR AND CLOUDLESS SKY.
FROM THUNDER MOUNTAIN TO COFFEE POT ROCK.
THE RIDGES INSPIRES OUR LEISURELY PAINTING SHADOWS IN THEIR WEATHERED CREVICES BELOW THEM, AND ALL SURROUNDING SEDONA, THE LAST OF THE RESIDENTS AND VISITORS WHO'VE BEEN OUT SOAKING UP THE FREEDOM OF THE MEANDERING FOREST TRAILS ARE NOW ON THEIR WAY BACK TO THE PARKING LOTS AND SHUTTLE BUSES CONNECT TO CONNECT WITH THE ASPHALT TRAILS OF THE CITY AND THE STRUCTURED REALITY OF THEIR LIVES.
IT'S VERY LIKELY THAT THESE LOVERS OF NATURE HAVE ENJOYED THE TIME SPENT IN OUR GLORIOUS OUTDOORS, NOT WORRYING ABOUT OUR CURRENT PROBLEMS, LIKE WHETHER HUMANITY WILL BE ABLE TO STOP AND REVERSE GLOBAL WARMING, OR WHETHER RUSSIA WILL PROVOKE A WORLD WAR BY USING NUCLEAR WEAPONS ON UKRAINE, OR WHETHER OUR US DEMOCRACY WILL BEGIN TO CRUMBLE FROM AN AUTHORITARIAN, I DON'T THINK THREAT IN NEXT MONTH'S MIDTERM ELECTIONS TONIGHT, OR WHETHER THE EXPLOSION OF SHORT TERM RENTALS AND SEDONAS NEIGHBORHOODS WILL COMPLETELY TRANSFORM OUR CITY INTO A LUXURY CAMPGROUND WHERE PERMANENT RESIDENTS ARE AS RARE AS FREELY MOVING TRAFFIC.
YOU ALREADY KNOW THE ANSWERS TO THESE QUESTIONS AS WELL AS WHAT WE DID RIGHT OR WRONG IN DEALING WITH THEM AND WHETHER THEY WERE REALLY ALL THAT IMPORTANT IN THE LONG TERM SCHEME OF THINGS.
BUT OF COURSE, YOU CAN'T TELL US OR WARN US.
SO AT THIS TIME, CAPSULE, WE EXPRESS HOPE, AND HOPE INSISTS THAT WE IMAGINE YOU REALLY ARE THERE IN 2062, AND THAT YOU ARE STILL ENOUGH LIKE US TO CARE WHAT WE WERE LIKE BECAUSE OF THE EARTH IS NO LONGER HABITABLE, OR IF THE HUMAN RACE WAS DESTROYED BY A THERMAL, NUCLEAR OR WAR.
OR IF OUR NATION HAS DEVOLVED IN A TOTALITARIAN STATE THAT FORBIDS ANY ACKNOWLEDGEMENT OF FORMER FREEDOMS OR SEDONAS, NO MORE THAN A TRANSIENT THEME PART FOR THE WEALTHY, THEN THERE WILL BE NO REMAINING RESIDENTS TO OPEN THE CAPSULE AND NO ONE FOR US TO APOLOGIZE TO.
BUT BECAUSE YOU'RE READING THIS, THESE POSSIBLE FUTURES HAVE NOT COME TO PASS.
SO CELEBRATE THAT REALITY, HIKE THE TRAILS AND ALLOW THE RED ROCKS AND FOREST PLEASURE TO ERASE YOUR WORRIES FOR A TIME.
AND THANK THE ELDER AMONG YOU WHO REMEMBER WHAT 2022 WAS LIKE AND WHO WORKED AND SACRIFICED TO AVOID OUR WORST FEARS AND TO REALIZE OUR BEST HOPES FOR OUR TOMORROW, YOUR TODAY.
OKAY, THE NEXT ITEM ON THE AGENDA IS THE CONSENT ITEMS.
[3. CONSENT ITEMS - APPROVE]
UH, MAYOR, I'D LIKE TO PULL ITEM E PLEASE.AND WOULD YOU LIKE TO GO AHEAD AND MAKE THE MOTION FOR THE REST OF THEM? YES, I'D LIKE TO MAKE A MOTION TO APPROVE CONSENT ITEMS A THREE A THROUGH 3D.
SECOND, UH, ALL IN FAVOR SAY AYE.
[3.e. AB 2875 Approval of a Resolution authorizing a cost-sharing development agreement with Canyon Portal 3, LLC (CP3) to construct a right-hand turn lane from SR 89A right-of-way to Amara Lane, a part of SIM1B – Uptown Northbound improvements, in an amount not-to-exceed $308,361.89.]
ITEM TO BE, UH, POLLED? BECAUSE I KNOW THAT WE'VE SPENT A LOT OF TIME GETTING SIM UPDATES AND THAT WE'RE SOMEWHAT FAMILIAR WITH THIS PROJECT THAT THE CONTRACT THAT'S BEFORE US TONIGHT.[00:15:01]
THAT IT, THE PUBLIC MAY NOT BE AS FAMILIAR AND WE NEEDED TO HAVE SOME BACKGROUND BEFORE WE HAD A VOTE ON THIS IN, IN THIS AMOUNT OF MONEY.UM, IT'S A PROJECT, PLEASE DON'T TAKE MY PULLING IT AS A SIGN OF NOT SUPPORTING IT.
UH, I JUST WANTED TO MAKE SURE THAT IT STOOD OUT FROM JUST BEING LOST IN THE ALL THE SIM PROJECTS THAT WE LOOK AT AND TALK ABOUT AND GET IN SUCCESSION WHEN WE HAVE A BIG UPDATE.
I FELT THIS NEEDED TO BE ACKNOWLEDGED BECAUSE IT IS SOMETHING THAT WE'RE MOVING FORWARD ON THAT MAY HAVE A BIG IMPACT ON TRAFFIC.
SO, UM, I WANTED IT TO HAVE ITS DAY IN THE SUDDEN, SO TO SPEAK.
GOOD AFTERNOON, MAYOR AND COUNCIL.
SO YES, WE PUT TOGETHER A VERY BRIEF PRESENTATION HERE FOR THE SIM ONE B UPTOWN NORTHBOUND IMPROVEMENT.
THIS IS SPECIFICALLY THE AMARA LANE IMPROVEMENTS HERE WE'RE LOOKING AT, THIS IS IN FRONT OF CANYON BREEZE.
CURRENTLY YOU'LL SEE A LOADING ZONE HERE.
AND THEN JUST BEYOND THIS LITTLE BULB OUT IS AMARA LANE.
CURRENTLY THIS IS, UH, A SINGLE NORTHBOUND LANE, TYPICALLY WHEN PEDESTRIAN TRAFFIC GETS HEAVY IN THIS CROSSWALK, YOU CAN SEE HERE VEHICLES MOVING NORTHBOUND WHEN THEY NEED TO ENTER A MAR LANE, THEY GET STUCK IN THE THROUGH LANE.
SO THIS CAUSES FRICTION, IT CAUSES CONGESTION AND BACKUP FOR NORTHBOUND.
TYPICALLY, IF YOU OBSERVE THIS, YOU'LL SEE BACKUPS EXTENDING, UM, INTO, UH, INTO THE ROUNDABOUT AT JORDAN AND EVEN BEYOND.
SO OUR TRAFFIC ANALYSIS DID IDENTIFY THAT CONVERTING THIS INTO A RIGHT HAND TURN LANE, THAT WOULD MEAN RECONFIGURING THIS CURB LINE.
AND SOME OF THIS SIDEWALK HERE WILL REDUCE THIS BOTTLENECK.
SO WE HAD BEEN WORKING WITH THE ADJACENT DEVELOPER.
THIS IS CANYON PORTAL THREE, OR WE CALL IT, UH, CP THREE IN OUR COMMUNICATIONS.
WE WORKED WITH THEM SO THAT THEY COULD DO SOME ADDITIONAL PRIVATE AESTHETIC IMPROVEMENTS ALONG THEIR FRONTAGE AT CANYON BREEZE HERE.
AND THAT WOULD BE IN ADDITION TO THE RIGHT HAND TURN LANE.
SO THAT WOULD BE COMBINED AS ONE PROJECT TOGETHER UNDER THIS DEVELOPMENT AGREEMENT.
AND, AND A LOT OF THAT HAD TO DO WITH THEIR, THEIR PEDESTRIAN CONNECTIONS.
THERE'S A STAIRWAY HERE, UM, SIDEWALK, AND THEY WERE LOOKING TO MAKE THIS A MORE EFFICIENT, UM, YOU KNOW, UH, CONNECTION TO THE PUBLIC INFRASTRUCTURE.
THIS WOULD ALL BE ACCOMPLISHED THROUGH WHAT WE'RE LOOKING AT TONIGHT IS THE PUBLIC PRIVATE PARTNERSHIP DEVELOPMENT AGREEMENT.
THE, SO IN ORDER TO DO THIS C P THREE ENGAGED WITH KIMLEY HORN AS THE DESIGNER AND TIFFANY CONSTRUCTION TO DO THE CONSTRUCTION FOR THIS PROJECT, C P THREE.
UM, IN LOOKING AT WHAT THE COST WOULD BE IN RADIATION TO THE BENEFITS THAT THEY WERE GOING TO RECEIVE OUT OF THESE IMPROVEMENTS, THEY FOUND THAT THE COSTS WERE TOO HIGH AND ULTIMATELY DECIDED TO REMOVE THE PRIVATE PORTION OF, OF THIS PLAN OUT OF THE PLAN.
SO WHAT YOU'RE SEEING HERE IS THE CURRENT PLAN THAT WE'RE MOVING FORWARD WITH.
IT'S, UH, RETRYING REBUILDING CURB WHERE WE NEED TO HERE INSTALLING THIS LITTLE ISLAND.
IT'S KIND OF A REFUGE ISLAND IN THE MIDDLE OF THIS, UH, CROSSWALK HERE.
AND PULLING THIS CURB LINE CURRENTLY, YOU CAN SEE THE CURB LINE RUNS ABOUT RIGHT HERE.
WE WOULD PULL THIS BACK TO THIS LOCATION HERE.
THERE'S SOME UTILITIES THAT SHOW UP HERE THAT'LL NEED TO BE MOVED OR RELOCATED, I SHOULD SAY.
AND THERE IS A TREE HERE THAT UNFORTUNATELY WILL NEED TO BE REMOVED IN ORDER TO ALLOW FOR THESE IMPROVEMENTS.
IN ORDER TO DO THIS, THE CONTRACTOR LOOKED AT THE OVERALL COSTS IN REVISED THAT BACK TO JUST THESE PUBLIC IMPROVEMENTS, AND THAT'S WHAT WE'RE PROPOSING TONIGHT FOR THE, UH, APPROXIMATE $308,000.
AND WITH THAT STAFF RECOMMENDS AUTHORIZING THE COST AGREEMENT FOR THIS DEVELOPMENT AGREEMENT.
ARE THERE ANY QUESTIONS, TOM? THANK YOU, MA'AM.
MAYOR, YOU MENTIONED THERE MIGHT BE SOME AESTHETIC SHIFTS OR WHATEVER.
UH, WILL, IS THE INTENT TO KEEP THAT SIDEWALK THAT'S EXISTING THERE NOW OR WOULD IT GO AWAY AND REROUTE THROUGH IN FRONT OF THE STORES WITH THE SIDEWALK? ORIGINALLY THEY WANTED TO REROUTE THAT SIDEWALK.
NOW WHAT WE'RE LOOKING AT DOING IS SIMPLY
[00:20:01]
JUST MAKING IT WIDER SO THE, THE SIDEWALK WILL STAY IN PLACE AS IT IS, BUT WE'LL WIDEN THAT OUT.UM, SO IT'S CURRENTLY A, A LOADING ZONE.
CAN, CAN YOU TALK ABOUT HOW OFTEN THAT'S USED FOR LOADING AND WHAT YOU ANTICIPATE, UM, WILL HAPPEN AFTER THIS IS DONE? RIGHT.
THAT, THAT WAS ONE OF THE DISCUSSIONS ACTUALLY THAT WE HAD WITH A DEVELOPER.
YOU CAN ACTUALLY SEE A VEHICLE IN THE LOADING ZONE IN THIS AERIAL PHOTO.
THEY ACTUALLY HAVE AN ADDITIONAL AREA BEHIND.
YOU CAN'T SEE IT IN THIS, IN THIS PHOTO, BUT IT'S BACK IN THIS AREA BEHIND THIS, THIS, UM, BUILDING HERE.
THEY HAVE A PARKING LOT BACK HERE, AND IN THAT AREA THEY HAVE THE AB THE ABILITY TO BRING IN GOODS, YOU KNOW, FROM THAT AREA.
SO, YOU KNOW, THEIR FEELING WAS THE IMPACT WAS PRETTY MINIMAL.
WE DO THINK THAT IN OFF PEAK, UH, TIMES EARLY IN THE MORNING WHEN THERE'S NOT MUCH TRAFFIC, IF THERE'S SOME LOADING THAT'S DONE HERE IN THIS TURN LANE, THAT THAT WON'T BE AN ISSUE.
AND THAT'S TYPICALLY WHEN THEIR, UM, DELIVERIES ARE MADE IN ANYWAY.
UH, ANDY, IF I REMEMBER CORRECTLY FROM THE OTHER SIM UPDATES, THIS ISSUE HERE WILL BE HELPING TO CORRECT THE BACK, BACK OF TRAFFIC ACTUALLY COMING DOWN COOKS HILL TO SOME DEGREE AT SOME POINT IN TIME, BUT THE VERY LEAST THE BACKUP COME, UH, LEADING UP TO NORTHBOUND INTO UPTOWN.
IS THAT CORRECT? WHEN WE'RE IN PEAK CONGESTION, ALL PINCH POINTS AT, AT SOME POINT KIND OF INTERACT WITH EACH OTHER.
SO BY MAKING THIS NORTH END OF THIS CORRIDOR MORE EFFICIENT, IT WILL IN EFFECT HELP WITH OTHER AREAS OF, UH, OF THAT REGION.
SO ALL THE WAY INTO COOKS HILL.
AND IT'S ALSO, AND I, I AGREE.
I THINK THAT WOULD BE GREAT, BUT THE, THE BACKUP IS REALLY BEING CAUSED BY CARS RIGHT NOW, WANTING TO MAKE A RIGHT TURN INTO AM MA AND THE, THE BACK END OF THEIR CAR BEING STUCK IN TRAFFIC AND BLOCKING THE TRAFFIC BEHIND THEM WHILE THEY'RE WAITING FOR PEOPLE TO CROSS THAT.
UM, SOMETHING THAT COUNSELOR LAMPKIN, UH, KIND OF POINTED OUT TO ME THROUGH HIS OBSERVATIONS IN UPTOWN IS THAT BECAUSE THE ENTRANCE OF THAT INTERSECTION IS SO NARROW CURRENTLY, YOU ACTUALLY GET A BACKUP FROM BOTH DIRECTIONS.
BECAUSE IF A VEHICLE IS PULLING OUT OF HERE, AND CORRECT ME IF I'M WRONG, COUNSELOR LAMPKIN, BUT I BELIEVE WHAT YOU WERE SAYING IS IF, IF THEY'RE A LITTLE STINGY WITH THE SPACE AND THEY KIND OF HUG TO, THIS IS LOOKING NORTH BY THE WAY, BUT THEY KIND OF HUG TO THE LEFT, THEN A, A VEHICLE TRYING TO ENTER INTO AMARA LANE IS GONNA GET HELD UP.
AND THEN THAT VEHICLE, NOT ONLY THE VEHICLES GET, GET KIND OF, KIND OF SET BACK BY THE, THE PEDESTRIANS TRYING TO ENTER A MAR LANE, BUT ALSO TRYING TO GET OUT OF A MAR LANE.
SO WHEN A VEHICLE IS SITTING ABOUT WHERE THE CURSOR IS HERE AND PEDESTRIANS ARE CROSSING IN FRONT OF IT, THEY'RE, THEY'RE BEING HELD UP.
AND BECAUSE THEY'RE STUCK HERE, IF THEY'RE TOO FAR TO THE LEFT, THEY'RE ALSO HOLDING UP BOTH DIRECTIONS ESSENTIALLY.
I JUST WANNA MAKE SURE THAT, THAT THE, UH, THE ISSUES HAVEN'T CHANGED.
ANYBODY ELSE? I DO HAVE A CARD.
SO, UH, JESSE, JESSE, ALEXANDER, JUST START WITH YOUR NAME AND CITY OF RESIDENCE, PLEASE.
GOOD EVENING MAYOR, VICE MAYOR AND COUNSELORS, JESSE ALEXANDER, LIKE STAFF AND I WORK IN UPTOWN OPERATING SEVERAL BUSINESS, INCLUDING CANYON PORTAL THREE.
UH, WE ENTERED INTO THIS INITIALLY TO TRY TO IMPROVE OUR AREA.
ALSO, PART OF IT WAS COST, BUT THE MAJOR OF THE MAJORITY OF THIS IS REALLY BECAUSE WE CAN'T LET IT GO INTO MARCH.
UM, THE TENANTS ARE ALREADY ARE, ARE READY, UH, COMPLAINING ABOUT BUSINESS LEVELS AND REVENUES AND THINGS LIKE THAT.
SO WE NEED TO TRY TO, TO GET THE JOB DONE PRIOR TO SPRING BREAK, WHEN WE'RE GONNA HAVE TONS OF PEOPLE IN TOWN AND THE OPPORTUNITY FOR MORE REVENUE.
SO WE ARE STILL GOING TO CONTINUE TO DO SOME OF THE STUFF THAT WE'VE DONE A LITTLE FARTHER WEST, I GUESS YOU'D SAY, UH, DOWN THE ROAD, UP THE ROAD, UM, WITH THE PAVERS AND THINGS LIKE THAT.
BUT NO, WE'RE NOT GOING TO CHANGE THE SIDEWALK AT THIS POINT OTHER THAN ADD A LITTLE BIT OF A SAFETY BARRIER BETWEEN THAT TURN LANE AND THE SIDEWALK THAT'LL HOPEFULLY PREVENT SOME OF THE, UH, DRIVERS THAT MIGHT BE LOOKING AT THINGS OTHER THAN THE STREET,
[00:25:01]
UM, FROM COMING UP ONTO THE CURB AND HITTING PEOPLE IN THE SIDEWALK.WHICH DOESN'T HAPPEN NOW BECAUSE IT'S A LOADING ZONE, BUT WHEN IT BECOMES A TURN LANE, THAT COULD BE SOMETHING THAT HAPPENS.
UM, THE TREE ITSELF, THAT WAS SOMETHING THAT WE DIDN'T WANNA TAKE OUT, BUT, UH, UNFORTUNATELY AS WE'VE TALKED TO ABUS AND THINGS LIKE THAT, THE AMOUNT OF, UH, MISSILE TOEING THERE ALREADY IS PRETTY MUCH WRITTEN IT OFF FOR THE, FOR NOT TOO DISTANCE FUTURE.
UM, SO BASICALLY I'M HERE TO SAY THAT, UH, WE'RE IN FEDERALLY SUPPORT OF IT.
I THINK WE'VE WORKED WITH KIMLEY HORN AND ANDY'S TEAM, UH, WELL THROUGH THIS.
AND UNFORTUNATELY AT THE LAST MINUTE, DUE TO US LOOKING AT NUMBERS EVEN FROM THE FIRST WEEK OF MARCH TO THE THIRD WEEK OF MARCH, WE'RE SEEING A 62% INCREASE IN OUR OWN REVENUE OF THE BUSINESS AS WE RUN.
SO TO LOSE THAT OR TO HINDER THAT WOULD BE NOT GOOD, ESPECIALLY CONSIDERING WHERE WE'RE AT RIGHT NOW WITH REVENUES GOING DOWN AND DOWN.
JESSICA, IS THAT OKAY? I JUST WANT TO, TO TAKE OPPORTUNITY TO THANK A BUSINESS OWNER FOR COMING AND PRESENTING HERE.
UM, IT'S BEEN A VERY LONG TIME SINCE WE'VE HEARD FROM BUSINESSES IN THIS CHAMBER.
I WOULD, I WOULD LIKE, I WOULD LIKE TO HEAR FROM BUSINESSES MORE OFTEN, BALANCE OUT THE, THE, THE INPUT THAT THE COUNCIL GETS.
SO THANK YOU VERY MUCH FOR SHOWING UP AND FOR SUPPORTING THIS PROJECT, LETTING US KNOW HOW YOU FEEL ABOUT IT AND WHAT YOUR PLANS ARE AS A BUSINESS FOR, FOR FURTHER WORK.
KATHY, DO YOU WANNA? YEAH, I JUST WANNA SAY, I THINK THIS IS VERY GOOD PLANNING, SO, AND I WANNA THANK YOU, ANDY, FOR COMING FORWARD WITH ALL THIS.
UM, IT SEEMS LIKE A SMALL CHANGE BECAUSE THERE'S A LOADING ZONE ALREADY THERE, AND IT'S ONLY A SMALL CORNER THAT'S GONNA TAKE OUT, BUT I THINK THE IMPACT COULD REALLY BE SO MUCH GREATER THAN THAT BECAUSE IT'LL NOW BE STACKING FOR THOSE TURNING CARS, ALLOWING FREE MOVEMENT OF THE NORTHBOUND TRAFFIC.
I'M VERY HOPEFUL THAT THIS IS GOING TO HAVE A SIGNIFICANT IMPACT IN WHAT REALLY IS A CHOKE POINT AT THE MOMENT.
SO, AS I STATED BEFORE, I FULLY SUPPORT THIS.
WOULD YOU LIKE TO MAKE THE MOTION? YES, I WOULD LIKE TO MAKE THE MOTION COMMENT.
DO YOU WANNA HAVE A COMMENT? IF YOU DON'T MIND, MAN, MAY.
MAYOR, UH, I'D JUST LIKE TO SET MY OWN OBSERVATIONS UPTOWN AND, AND, AND YOU'RE RIGHT ANDY.
UH, I APPRECIATE THE LITTLE ADJUSTMENT THAT YOU'RE LOOKING AT BECAUSE IT DOES CAUSE A LITTLE BIT OF A FRICTION WHEN YOU HAVE THE PEOPLE COMING UP TRYING TO TURN RIGHT AND, AND REENTER 89 A.
UM, BUT, UM, MY EXPERIENCE HAS BEEN THAT EVEN WITH TRUCKS LOADING THERE, THERE'S STILL ROOM FOR ENOUGH VEHICLES TO GET IN FRONT OF IT AND PULL OVER AND THEN MAKE THAT EXIT ONTO TAMARA, UH, FAR MORE OFTEN, UH, WHICH WILL BENEFIT THAN WORRYING ABOUT THE TRUCK CAUSING A PROBLEM.
WELL, THE BENEFIT IS, UH, EVERY ONCE IN A WHILE YOU'LL SEE TWO OR THREE CARS TRYING TO TURN RIGHT.
AND SO I THINK THERE'S JUST THE RIGHT AMOUNT OF SPACE AND IT WILL GET THEM OUT OF THE WAY, UH, OF IMPEDING TRAFFIC BEHIND THEM, PARTICULARLY WITH THE STOPLIGHT THERE.
MY ONLY CAUTION WOULD BE, UH, AND I APPRECIATE THE BUSINESS'S, UH, WILLINGNESS TO WORK WITH US.
MY ONLY CAUTION WOULD BE IF SOMEWHERE DOWN THE ROAD THEY'VE RESERVED THE RIGHT TO DO SOMETHING WITH THAT SIDEWALK.
IF THEY PROVIDE AN ALTERNATIVE PATH, THAT THE ALTERNATIVE PATH AT THIS TIME, I BELIEVE ONLY HAS STEPS IN THE PATHWAY.
SO YOU'D HAVE TO MAKE IT ADA COMPLIANT IN ORDER TO, IF YOU DIDN'T MAKE IT A, A COMPLIANT, I WOULD BE OPPOSED TO THAT, THAT CHANGE.
UH, BUT RIGHT NOW I DO SUPPORT THE, UH, UH, PROJECT FULLY.
UM, I MOVED TO APPROVE RESOLUTION 2022 DASH 32 32, AUTHORIZING A DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION OF A RIGHT TURN LANE.
IMPROVEMENTS IN UPTOWN BETWEEN THE CITY OF SEDONA AND CP THREE LLC FOR THE AMOUNT NOT TO EXCEED $308,361 AND 89 CENTS SUBJECT TO APPROVAL OF THE WRITTEN CONTRACT BY THE CITY ATTORNEY'S OFFICE.
THAT COULD OKAY, MOVE BY COUNSELOR CANELL IT SECOND BY, I THINK IT WAS COUNSELOR WILLIAMSON.
WE'LL MOVE TO THE NEXT ITEM, WHICH IS APPOINTMENTS.
[5. SUMMARY OF CURRENT EVENTS BY MAYOR/COUNCILORS/CITY MANAGER]
OF CURRENT EVENTS.ANYBODY HAVE SCOTT? THANK YOU MADAM MAYOR.
WE HAVE THE GRASSHOPPER YOUTH BASKETBALL REGISTRATION, WHICH IS NOW OPEN AT A CO-ED BASKETBALL LEAGUE FOR YOUTH IN GRADES ONE THROUGH SIX.
PRACTICE BEGINS DECEMBER WITH GAMES PLAYED JANUARY THROUGH FEBRUARY.
REGISTRATION IS $35 PER PLAYER, $3 DISCOUNT FOR SIBLINGS REGISTRATION ONLINE THROUGH NOVEMBER 13TH.
[00:30:01]
KIDS PARKS AND REC IS EXCITED TO PARTNER WITH BEGINNING EDGE SPORTS TRAINING PROGRAM TO OFFER WEEKEND YOUTH SPORTS CLINIC TO AGES, UH, 16 MONTHS TO 10 YEARS, 10 YEARS OLD.CO-ED CLINICS ARE SIX WEEKS IN LENGTH OFFERING A CHOICE OF SPORTS THROUGHOUT THE YEAR.
UH, THIS PROGRAM TEACHES HOW TO PERFORM THE SKILLS OF EACH SPORT IN A FUN, SAFE, AND ENCOURAGING AND STRUCTURED ENVIRONMENT TAUGHT BY PROFESSIONALLY TRAINED STAFF.
REGISTRATION IS OPEN, UH, FOR THE WINTER SEASON, JANUARY 15TH THROUGH FEBRUARY 19TH, AND WILL OFFER BASKETBALL, SOCCER, VOLLEYBALL, OR FOUR SPORT, MULTI MULTI-SPORT CLINIC COURSE, $95 PER REGISTRATION PER SPORT PER SEASON.
UH, THEN WE HAVE STORY TIME IN THE PARK, WEDNESDAYS 9:00 AM AT SUNSET PARK.
IT'S FREE GEARED TOWARD AGES FOUR TO EIGHT YEARS OLD.
ALL OUR WELCOME PARTNERSHIP WITH THE STONE OF PUBLIC LIBRARY.
THERE'S OTHER EVENTS ON THE CITY WEBSITE.
FEEL FREE TO CHECK PARK AND REC.
THERE'S A LOT OF OPPORTUNITIES HERE FOR RESIDENTS TO ENJOY.
UH, CONTINUING ON THE THEME OF WHAT IS DONE FOR RESIDENTS IN THIS COMMUNITY.
UM, THE PUBLIC LIBRARY HAS OPENED A NEW COURT, IS OPENING ITS BRAND NEW COURTYARD, WHICH IS JUST A BEAUTIFUL OPEN SITTING AND GREEK GATHERING AREA THAT THEY'VE JUST COMPLETED, UH, BRIDGING BETWEEN THE BUILDING ITSELF AND THE, UM, BOOKSTORE.
IT'S GONNA BE A FORMAL, IT'S GONNA BE A GRAND OPENING.
THEY'RE GONNA HAVE, UM, WORLD FAMOUS CHILI, OR AT LEAST CHILI COOKOFF AWARD WINNING CHILI.
AND IT'S GOING TO BE THE 13TH OF NOVEMBER THIS WEEKEND AT THREE O'CLOCK IN THE COURTYARD AT THE, AT THE PUBLIC LIBRARY.
AND IT'S A GREAT NEW MEETING SPACE, A GREAT NEW COMMUNITY GATHERING SPACE THAT'S BEEN BEEN CREATED THERE.
AND I URGE EVERYBODY TO GO OVER AND TAKE A LOOK AND COME TO THE OPENING.
ANYBODY ELSE? JT THE, UH, TIME CAPSULE THAT WE HEARD ABOUT IS GOING TO BE, I GUESS NOT BURIED, BUT SECURED.
UM, AND CORRECT ME IF I'M WRONG, BUT I BELIEVE THIS IS, UH, UH, WEDNESDAY THE 16TH.
SO IT'S A WEEK FROM TOMORROW, UH, 1130 AT THE SEDONA HISTORICAL SOCIETY.
SO, UH, LET'S MOVE ON TO THE PUBLIC FORUM.
SO WE'LL OPEN AND CLOSE THE PUBLIC FORUM.
[7. PROCLAMATIONS, RECOGNITIONS & AWARDS]
PROCLAMATIONS RECLA RECOGNITIONS AND AWARDS.WE DO HAVE A PROCLAMATION FOR AMERICA RECYCLES DAY ON NOVEMBER 17TH, 2022.
AND I'M GOING TO READ IT AND THEN I'LL PRESENT IT.
WHEREAS THE NATIONAL RECYCLING COALITION ESTABLISHED NOVEMBER 15TH, 1997 AS THE FIRST AMERICA RECYCLES DAY.
AND WHEREAS 15 MILLION PEOPLE ACROSS ALL 50 STATES NOW ANNUALLY RECOGNIZE AND CELEBRATE AMERICAN RECYCLES DAY BY ORGANIZING AND PARTICIPATING IN RECYCLING EVENTS, LEARNING ABOUT THE POSITIVE EFFECTS OF RECYCLING AND MAKING RECYCLING PLEDGES.
AND WHEREAS IN PROCLAIMING AMERICA RECYCLES DAY 2021, PRESIDENT BIDEN STATED ON AMERICA RECYCLES DAY, WE CELEBRATE EFFORTS ACROSS THE COUNTRY TO MANAGE OUR RESOURCES RESPONSIBLY AND CREATIVELY.
AND WE RECOMMEND RE RECOMMIT OURSELVES TO BUILDING A BRIGHTER AND MORE SUSTAINABLE FUTURE FOR ALL PEOPLE.
AND WHEREAS RECYCLING PROVIDES SIGNIFICANT ECONOMIC AS WELL AS ENVIRONMENTAL BENEFITS WITH OVER 681,000 JOBS IN AMERICA RELATED TO RECYCLING.
AND WITH EVERY 10,000 TONS OF RECYCLED MATERIAL, PRODUCING 760,000 IN WAGES FOR PEOPLE ACROSS THE COUNTRY.
AND WHEREAS AN ENVIRONMENTAL POLICY OF THE SEDONA COMMUNITY PLAN IS TO SUPPORT RECYCLING AND OTHER WASTE STREAM REDUCTION EFFORTS.
AND WHEREAS SEDONA RECYCLES INC WAS FOUNDED IN 1989 BY SEDONA RESIDENTS, KATE BLEVINS, REINA GRIFFIN, AND SANDY MORIARTY, AND HAS SERVED OUR COMMUNITY CONTINUOUSLY SINCE THEN BY PROVIDING ONE OF THE HIGHEST VOLUME AND RECOVERY RATES IN ALL OF ARIZONA.
AND WHEREAS SED DON RECYCLES INC HAS PLANNED A FULL DAY OF RECYCLING EDUCATION AND FREE TOURS OF THEIR FACILITY IN RECOGNITION OF AMERICA, RECYCLES DAY 2022.
NOW, THEREFORE, I SANDY MORIARTY, MAYOR OF THE CITY OF SEDONA, ARIZONA, ON BEHALF OF THE SEDONA CITY COUNCIL, PROCLAIMED THAT NOVEMBER 15TH, 2022, BE
[00:35:01]
OBSERVED AS AMERICA RECYCLES DAY IN SEDONA, AND CALL UPON ALL RESIDENTS TO CONSIDER TAKING A TOUR OF SEDONA RECYCLES INC.TO INCREASE THEIR RECYCLING KNOWLEDGE AT WEBSITES SUCH AS SEDONA RECYCLES.ORG AND AMERICA RECYCLES DAY.ORG, AND TO COMMIT TO REDUCE, REUSE AND RECYCLE FOR THE BENEFIT OF THE EARTH, AND TO BUILD A BRIGHTER AND MORE SUSTAINABLE FUTURE FOR ALL PEOPLE ISSUED THIS EIGHTH DAY OF NOVEMBER, 2022.
AND IS DOUG OR KATHLEEN OR BOTH OF YOU HERE,
THANK YOU FOR THIS PROCLAMATION.
RECYCLING IS A VERY LABOR INTENSIVE BUSINESS.
LABOR IS OUR BIGGEST BUSINESS EXPENSE, AND ABOUT 30% OF OUR LABOR EXPENSE IS CORRECTING RECYCLING MISTAKES MADE BY THE PUBLIC.
WE RECEIVE ABOUT 25 CUBIC YARDS OF NON RECYCLABLES A WEEK.
SOME OF THIS VOLUME IS ILLEGAL DUMPING, SUCH AS FURNITURE AND CONSTRUCTION DEBRIS, BUT MOST OF THIS MATERIAL IS PLASTICS THAT WE CANNOT RECYCLE.
WE CAN ONLY RECYCLE MATERIALS THAT SOMEONE WANTS TO BUY AND TURN INTO A NEW PRODUCT.
THE PUBLIC CAN HELP US BY READING AND FOLLOWING THE SIGNS ON OUR RECYCLE BINS.
IF YOU HAVE A QUESTION ABOUT WHETHER WE CAN RECYCLE AN ITEM, PLEASE ASK SOMEONE ON OUR STAFF OR READ THE INFORMATION ON OUR WEBSITE ABOUT THE MATERIALS WE ACCEPT.
PLEASE BE SURE THAT YOUR CANS AND BOTTLES ARE EMPTY.
ALSO, REMOVE ALL PACKING MATERIAL FROM CARDBOARD BOXES AND FLATTEN THE BOXES BEFORE PLACING THEM IN THE RECYCLE BIN.
UH, THE PRO PART OF THE PROBLEM, I THINK, IS IT'S RULES CHANGE ON WHAT YOU CAN RECYCLE, NOT INFREQUENTLY.
SO THAT'S WHY YOU SHOULD TRY TO KEEP UP ON MAKING SURE YOU KNOW WHAT THEY'LL, WHAT YOU TAKE AND WHAT YOU DON'T.
I MEAN, THESE ARE ALL COMMODITIES.
AND SO THEY'RE TRADED INTO MARKET JUST LIKE OTHER COMMODITIES.
AND, UH, YOU KNOW, IF NOBODY WANTS SOMETHING, THEN WE CAN'T RECYCLE IT.
AND, UH, A LOT OF PEOPLE DO SOMETHING CALLED WISH CYCLING WHEN THEY THINK IF THEY THROW IT IN A RECYCLE BIN, IT'S GONNA GET RECYCLED.
IT HAS TO BE SOMETHING THAT WE CAN RECYCLE.
AND, UH, THERE'S A FEW THINGS WE COLLECT THAT WE DON'T RECYCLE, THAT WE MAKE AVAILABLE TO THE PUBLIC FOR REUSE.
BUT, UH, IT, YOU KNOW, IT'S, IT'S A VERY LABOR INTENSIVE JOB.
SO IF PEOPLE CAN HELP US AND BY, YOU KNOW, ASKING QUESTIONS, NOT JUST ASSUMING THAT ALL PLASTIC'S RECYCLABLE, CUZ IT'S NOT, AND, UH, MAKE OUR LIFE A LITTLE EASIER.
NO MATTER WHAT THE LITTLE LABEL ON THE THING SAYS WITH THE CHASING ARROWS, THEY PUT, THEY PUT LABELS ON EVERYTHING.
I THINK IT EASES THEIR CONSCIENCE.
WELL, THANKS FOR ALL YOU DO, JT.
IF I MAY JUST SAY, UM, AND OBVIOUSLY THIS IS ANOTHER, UH, CURRENT EVENT.
I, I DIDN'T WANT TO, UM, OH YEAH, STEAL YOUR THUNDER.
BUT, UM, NEXT TUESDAY THE 15TH IS AMERICA RECYCLES DAY AND NOW HAS BEEN PROCLAIMED AMERICA RECYCLES DAY IN SEDONA.
AND, UH, SEDONA RECYCLES AS, UH, GONNA BE SPENDING THE DAY THERE GIVING TOURS.
AND, UH, I THINK AT YOUR WEBSITE YOU CAN GET MORE INFORMATION ABOUT THEM.
UM, BUT IT'S NOT A RESERVATION KIND OF A SYSTEM, RIGHT? NO, NO.
YOU CAN JUST SHOW UP IF YOU HAVE A, LIKE IF A TEACHER HAD A CLASS OF 30 STUDENTS, IT MIGHT, MIGHT BE BETTER TO COME ANOTHER DAY, BUT, UH, YEAH.
BUT, UM, BUT I'LL BE GIVEN THIS THE TOUR, SO YOU'RE WELCOME TO COME, YOU KNOW, ALL DAY LONG.
IT'S A GREAT OPPORTUNITY TO FIND OUT WHAT THE CURRENT RULES ARE.
AMAZING AMOUNT OF MATERIAL WE RUN THROUGH THAT LITTLE PLACE ON, UH, SHELBY DRIVE.
YEAH, IT'S, IT'S A GREAT THING TO GO AND LOOK AT.
COULD I ASK HIM A QUESTION? SURE.
SO IF I GO TO YOUR WEBSITE, WILL I SEE WHETHER MY YOGURT CONTAINER CAN BE RECYCLED? YES, YOU WILL.
THAT'S WHERE PEOPLE SHOULD GO.
SEDONA RECYCLES IS IT.COM? WHAT IS IT? WHAT'S THE WEBSITE? SEDONA ORG CYCLES.ORG.
DOT ORG TO FIND OUT BEFORE YOU, BEFORE YOU WISH CYCLE.
THE PROBLEM IS, YOU KNOW, THERE'S A PLASTIC, THE NUMBER ONE IS A POLY POLYETHYLENE TEAL.
AND IT, SOME OF THEM ARE BOTTLES LIKE SODA BOTTLES AND WATER BOTTLES, BUT SOME OF IT IS CLAM SHELLS LIKE SALAD MIX.
AND, AND THOSE CAN'T BE, AND THOSE CAN'T, THEY'RE THEY'RE, THEY'RE MANUFACTURED DIFFERENTLY.
AND, UH, WE CAN RECYCLE THE BOTTLES BUT NOT THE CLAM.
AND THAT'S A, SO DON'T BRING CLAM SHELLS TO THE RECYCLING CENTER.
WHAT I WANT TO ADD TO THAT, JESSICA, THAT I HAD A CONVERSATION WITH DOUG WHEN HE FIRST GOT HERE.
I'M HAPPY TO SAY THAT I SAID ONLY RECYCLES EXCEPT OLD CAMPAIGN SIGNS.
AND IF, I KNOW I HAVE A FEW TO GET TO DISPOSE OF PROPERLY, BUT
[00:40:01]
ANYONE ELSE IN THE THAT'S WATCHING, OR IN THE AUDIENCE THAT FINDS ONE ON THE SIDE OF THE ROAD, MAYBE ONE IN FRONT OF THEIR HOME, DON'T THROW THEM AWAY.BRING 'EM TO SIT ON A RECYCLING WITH THE WIRE SEPARATED FROM THE SIGN.
YOU'LL RECYCLE ALL TYPES OF THE SIGNS.
CAUSE I WAS TOLD IF YOU HAVE PAPER SIGNS, WE COULD RECYCLE PAPER AND NO, I KNOW.
BUT THE ONES THAT HAVE THE LITTLE RIGID PLASTIC CORRUGATED PLASTIC OH, COOL.
SO IT'S TIME TO PRESENT THE CITIZENS ACADEMY.
WHERE'S KEEGAN CERTIFICATES? SO, KEEGAN, ARE WE GONNA DO OUR, OUR THING? GET THEM ALL UP HERE AND THEN I'LL COME DOWN AND PRESENT THEM.
I'M GONNA GIVE A LITTLE SPIEL FIRST.
THANK YOU, MADAM MAYOR, VICE MAYOR AND COUNSELORS.
I'M GRATEFUL TO HAVE FACILITATED AND LED THE 2022 CITIZENS ACADEMY.
I'M TRULY AMAZED BY OUR 20 RESIDENT PARTICIPANTS.
THEIR DEDICATION, THIRST FOR KNOWLEDGE, AND QUEST FOR MEANINGFUL CONTRIBUTION HAS BEEN BOTH REFRESHING AND VALUABLE.
THIS GROUP IS PASSIONATE, VERY PASSIONATE,
THE PAST NINE WEEKS HAS BEEN A TEST FOR ME AS WELL.
UH, I, I I'VE BEEN TAUGHT TO BE, UM, FLEXIBLE.
UM, POSITIVE TO OR OPEN TO BOTH POSITIVE AND NEGATIVE FEEDBACK TO MODERATE, UH, PATIENTLY AND RESPECTFULLY, AND TO UNDERSTAND ALL PERSPECTIVES OF EVERY SITUATION.
THESE RESIDENTS HAVE MADE ME STRONGER, YET MORE COMPASSIONATE, AND I'M APPRECIATIVE FOR THIS EXPERIENCE.
I'LL HAVE YOU LINE UP LEFT TO WRITE ACROSS THE DIAS.
AND, UH, MAYOR SANDY WILL GIVE THEM THEIR CERTIFICATE AND HOPEFULLY I'LL TAKE A PHOTO WITH, UM, THE COUNSELORS BEHIND AND THE CITIZENS ACADEMY IN FRONT.
SO LET ME JUST SAY THEN THAT WE DO APPRECIATE ALL OF YOU COMING AND ATTENDING IT.
WE KNOW IT'S, IT'S A, IT'S A, IT'S NOT JUST A COUPLE OF HOURS.
IT'S, IT'S EVERY DAY, EVERY MONDAY FOR HOW MANY WEEKS? NINE WEEKS.
SO THAT'S A SIZABLE INVESTMENT OF YOUR TIME.
AND WE DO APPRECIATE YOU SHOWING ENOUGH INTEREST TO WANNA LEARN ABOUT THE, THE CITY GOVERNMENT, BECAUSE IT'S SOMETHING WE WOULD LOVE TO HAVE EVERY CITIZEN DO.
SO, THANK YOU SO MUCH, ALL OF YOU FOR, FOR TAKING THE CLASS.
WE'RE JUST GONNA CALL 'EM ALL UP AT ONE TIME.
DAVE O'DONNELL AND, AND RANGER.
CHRISTIAN EATON MAY WAY, WONG.
JIM, JIM CAP, SALS, STERLING WEST TIMOTHY DICKEY.
JENNIFER STRAIT JOETTA, WINTER
MARY DWIER, ALLISON NICHOLS, JEAN GRESB BECK.
SARAH WATTS, DONNA WILSON, ROSEMARY ZIMMERMAN, AND JESSICA SIERRA.
SHOULD WE, SHOULD WE, UH, COME ON.
CAN WE MOVE DOWN THIS A LITTLE BIT? OH, THINK WE GET SO THERE.
SCOTT, WHY DON'T YOU COME AROUND HERE, GUYS, MOVE DOWN HERE.
CENTER OURSELVES A LITTLE BIT.
WELL, THEY WANTED US IN THE PICTURE.
WHAT DO YOU WANT ME TO STAND BEFORE THE REALLY TALL GUY? THEY WANTED US WHILE WE'RE HERE.
S SCOOCH BACK OUT STRAIGHT ON SCOOT.
[00:45:03]
I'M Z SO I'M READY TO END.IT'S OUR CHIEF PHOTOGRAPHER'S GOT'S.
WAS THERE'S, THERE'S A LOT OF YOU, WHICH IS A GOOD THING.
THING'S A GOOD THING THEY
WE'LL, SO IF THE COUNCIL COULD JUST SCOOCH IN A LITTLE BIT BACK THERE.
WE'RE GONNA MOVE TO REGULAR BUSINESS ITEM
[8.a. AB 2881 Discussion/possible action regarding an Ordinance revising the Sedona City Code, Chapter 9.10, adding Section 9.10.020 related to public urination and defecation.]
EIGHT A IS AB 28 81 DISCUSSION POSSIBLE ACTION REGARDING REGARDING AN ORDINANCE REVISING THE SEDONA CITY CODE CHAPTER 9.10.ADDING SECTION 9.10 0.020 RELATED TO PUBLIC URINATION AND DEFECATION.
META MAYOR, VICE MAYOR AND COUNCIL.
I BUMPED IT AND ALWAYS CAME BACK.
THE, THE NEED FOR THIS ORDINANCE, UH, STEMS FROM, UH, HANDFUL OF INCIDENTS THAT HAVE TAKEN PLACE WITHIN THE CITY AND THE, OVER THE PAST, UM, COUPLE OF OF YEARS, INCLUDING INCIDENTS OF URINATION, UH, BOTH HERE AT CITY HALL, UM, AND, UM, NEAR WATER COURSES, UH, SPECIFICALLY OAK CREEK UNDER THE BRIDGE, UM, OF STATE ROUTE 1 79, WHERE IT CROSSES THEIRS.
WE GET RE REPORTS AND COMPLAINTS OF, UH, THIS TYPE OF BEHAVIOR TAKING PLACE DOWN THERE.
UH, THIS IS, MOST CITIES HAVE A SIMILAR ORDINANCE TO THIS, OR SUBSTANTIALLY SAME ORDINANCE, AND IT'S FAIRLY SELF-EXPLANATORY.
SO I DON'T HAVE TOO MUCH MORE TO PRESENT ON THIS, BUT I'M HAPPY TO ANSWER ANY QUESTIONS COUNSEL HAS ABOUT THIS ORDINANCE.
UM, IT MAKES SENSE, I THINK, TO HAVE AN ORDINANCE, BUT I DO HAVE SEVERAL QUESTIONS ABOUT THIS.
I MEAN, DIDN'T REALIZE THAT WE DID NOT HAVE AN ORDINANCE, AND I DON'T THINK THERE'S ANYBODY OUT THERE WHO WANTS TO BE PRO, UM, PUBLIC URINATION, DEFECATION.
BUT I DO THINK THAT THERE ARE SOME CONCERNS I WANNA ASK YOU ABOUT KURT.
UM, I'M JUST CONCERNED THAT FIRST OF ALL, THE, THE $150 TO START OFF WITH THAT AND HAVING THAT BE A A REQUIRED MINIMUM FINE SEEMS TO BE STARTING WITH A SLEDGEHAMMER.
INSTEAD OF, DON'T WE USUALLY START THINGS WITH A WARNING, AND THEN AFTER A WARNING, DON'T WE USUALLY HAVE ESCALATING FINES AND DON'T WE LEAVE SOME DISCRETION TO THE JUDGE BECAUSE THIS, HE SEEMS TO NOT ALLOW FOR A JUDGE'S DISCRETION.
SEEMS TO START HIGH IN, IN MY OPINION, UM, WHICH CONCERNS ME BECAUSE I THINK THAT THE PEOPLE
[00:50:01]
WHO MAY BE, UM, CITED UNDER THIS ORDINANCE ARE, MIGHT BE THE LEAST ABLE TO PAY A FINE, UH, ESPECIALLY WHEN SO HIGH.SO WHAT HAPPENS AFTER THAT? I'M THROWING A LOT OF QUESTIONS AT YOU.
UM, IT JUST TAKES, I THINK, A PUNITIVE APPROACH WITHOUT ALSO LOOKING AT SOME OF THE MITIGATION THAT CAN HAPPEN.
I UNDERSTAND WHEN WE'RE IN UPTOWN, THERE ARE BATHROOMS SEEMINGLY MORE AVAILABLE BECAUSE IT'S A CONDENSED AREA AND PEOPLE TEND TO KNOW WHERE THEY ARE WITH THE RESTAURANTS OR, YOU KNOW, OR THE, WHERE PUBLIC CAN ACCESS.
BUT WEST SEDONAS PARTICULARLY WHERE WE ACTUALLY HAVE MORE OF A HOMELESS PRESENCE AS WELL, UM, THE, ANY PUBLIC ACCESS TO BATHROOMS SEEMS SOMEWHAT SPREAD OUT AS FAR AS I KNOW.
YOU'VE GOT THE PUBLIC LIBRARY, YOU'VE GOT OUR CITY HALL HERE, YOU'VE GOT SUNSET PARK, AND YOU'VE GOT POSSE GROUNDS PARK.
IF YOU'RE IN AN AREA, YOU KNOW, THAT'S NOT CLOSE TO THAT, IT'S, IT'S FAR TO GET TO THAT.
SO I'M WONDERING WHAT STEPS, IF WE HAVE TAKEN IN ANY, TO TRY TO, UH, PREVENT THE ACTIONS BY MAKING AMEND OF THESE POSSIBLE, UH, BEFORE WE TAKE THE PUNITIVE APPROACH.
THE SECOND IS ABOUT THE FINES, UM, STARTING WITH THE 150 AND WHERE'S THE DISCRETION FOR A JUDGE AND COULDN'T WE START WITH A WARNING? SO THOSE ARE MY CONCERNS AND QUESTIONS.
SO I'LL, I'LL START WITH THE FINES.
THE, UM, THE MANDATORY MINIMUM IS SIMILAR TO WHAT OTHER CITIES HAVE.
UM, IT CAN RANGE, UH, FOR A LITTLE BIT LESS TO A LITTLE BIT MORE.
AND GENERALLY, UH, COUNCIL ILLA THEIR, THEIR CITY ORDINANCES BEGIN WITH A WARNING, UM, AND THEN, UH, GO TO FINES AND THEN INCREASING FINES FOR CONTINUED, UH, NON-COMPLIANCE.
UH, THE, THE REASON THIS ONE'S OFTEN TREATED DIFFERENTLY IS BECAUSE OF ITS, UM, IT'S CONSIDERED GENERALLY MORE SERIOUS THAN, THAN PERHAPS, UM, YOU KNOW, NOT, UH, SOME OTHER ORDINANCE VIOLATIONS.
UH, AND IT CAN HAVE A, A PUBLIC, UH, HEALTH, UM, ISSUES IF THERE'S CONTINUES TO BE YOUR NATURE DEFECATION IN PUBLIC PLACES.
UM, AS FAR AS AMENITIES, THE CITY PROVIDES, UH, BATHROOM FACILITIES, UH, BOTH HERE AT CITY HALL.
UM, THAT'S PARTNERS WITH BUSINESSES AND UPTOWN, UM, AND AT THE PARK AND RIDES.
UM, AND ALSO MANY, UH, PRIVATE BUSINESSES ALSO HAVE, UH, RESTROOMS THAT ARE FREQUENTLY OR GENERALLY OPEN TO THE PUBLIC CUZ THEY'RE, THE BUSINESSES ARE OPEN TO THE PUBLIC.
UH, SO I, I DON'T KNOW THAT THE, UH, THERE'S A DEARTH OF, OF AVAILABLE FACILITIES IN THE CITIES.
UM, BUT I HAVE NOT TAKEN A COUNT OR THAT A MAP TO, TO SHOW WHERE THOSE ARE AT.
THE CITY HALL FACILITIES ARE NOT OPEN TO THE PUBLIC ON FRIDAY, SATURDAY, OR SUNDAY.
THEY'D BE OPEN DURING BUSINESS HOURS.
AND, AND, AND, AND THE, THE EXAMPLE OF THE, THE ONE I CITED OF THE, THE URINATION TAKING PLACE WAS DURING CITY HALL HOURS MM-HMM.
I CAN LOOK IT UP, BUT, UH, GENERALLY, UH, IN THE SEDONA CITY CODE, THERE IS NOT A MANDATORY MINIMUM FOR MOST OF THE, UH, OFFENSES.
UH, SO MOST VIOLATIONS OF CITY CODE, THAT IT IS LEFT UP TO THE JUDGE TO IMPOSE, UH, A FINE THAT THEY BELIEVE IS APPROPRIATE.
BUT THAT'S NOT THE WAY YOU HAVE IT WRITTEN HERE.
THERE'S, IT'S A MANDATORY MINIMUM, SO IT WOULD NOT LEAVE TO A JUDGE'S DISCRETION.
IN THIS CASE, IT'S, THE SUGGESTION IS A MANDATORY MINIMUM.
UM, BUT GENERALLY WE DON'T, AREN'T DEALING WITH, UM, SO I'LL JUST SAY THE COMPARABLE STATE LAW, UM, CRIMES WOULD BE PUBLIC SEXUAL INDECENCY AND INDECENT EXPOSURE.
AND THOSE BOTH COME WITH, UM, MANDATORY MINIMUMS AND CAN BE, UM, PUNISHED PRETTY SEVERELY, MORE SEVERELY THAN THIS, UH, DEPENDING ON THE CRIME.
UH, BUT IN THIS CASE, THIS, I MEAN, THIS CAN BE COMPARABLE IF YOU'RE, UH, URINATE OR DEFECATING IN A, IN A PUBLIC PLACE, UM, EXPOSED TO PUBLIC VIEW, UH, THEN IN SOMETIMES COULD BE TANTAMOUNT TO THE INDECENT EXPOSURE, UH, STATE LAW, BUT THE, BUT THERE WOULD BE, AN OFFICER WOULD HAVE THE DISCRETION TO WRITE THAT CITATION AS OPPOSED TO THE, THIS CITATION.
AND SO, AND THEN IN ADDITION TO THAT, UM, POLICE OFFICERS OR ANYONE ENFORCING THIS ORDINANCE WOULD ALSO HAVE THE
[00:55:01]
DISCRETION TO, UH, TO PROVIDE A WARNING INSTEAD OF A, A TICKET.IF THEY DON'T ACTUALLY CITE THEM, THEN THERE WON'T BE THE MANDATORY MINIMUM.
UM, BUT I'M NOT, UH, UH, IT'S, YOU KNOW, THE HUNDRED $50 TO, TO, I'M OPEN TO THE COUNCIL DIRECTION ON THE $150.
UM, IT'S NOT SOMETHING, UM, I'M UNCOMFORTABLE WITH THE FACT THAT IT STARTS SO HIGH.
I'M UNCOMFORTABLE WITH THE FACT THAT IT TAKES AWAY A JUDGE'S DISCRETION.
I DON'T KNOW WHAT CIRCUMSTANCES MAY BE AROUND SOMEBODY CAUGHT IN THIS POSITION.
AND I THINK, UM, THE ONLY PERSON WHO COULD EVER HEAR THAT WOULD BE A JUDGE.
AND AGAIN, I, I JUST THINK IT'S, IT'S LOOKING, THE, THE POPULATION LEAST ABLE TO PAY IT AFFORD ARE THE ONES WHO WOULD BE SUBJECT TO THESE FINES.
UH, IT JUST SEEMS TO ME A LITTLE, I, FROM MY EXPERIENCE IN OTHER CITIES, FREQUENT, UH, VIOLATORS OF ORDINANCE, OUR PERSONS LEAVING BARS AFTER THE BARS CLOSE, UH, LATE AT NIGHT.
AND SO THEY'RE NOT NECESSARILY HOMELESS.
UM, OTHER CITIES HAVE HAD ISSUES WITH THIS AT SHORT TERM RENTALS.
SO THEY'VE INCLUDED THIS DIRECTLY IN THEIR SHORT TERM RENTAL ORDINANCES IN ADDITION TO HAVING A SEPARATE PUBLIC URINATION, DEFECATION.
SO IT'S, IT'S NOT, UH, GEARED TOWARDS, UM, PERSON'S EXPERIENCE HOMELESSNESS, UH, ALTHOUGH THOSE CAN BE OFFENDERS AS WELL.
IT'S NOT GEARED THERE, BUT I'M WORRIED ABOUT THE IMPACT, ESPECIALLY THE ECONOMIC IMPACT.
UM, YEAH, I MEAN, SO COUNSELOR, IT COULD BE REMOVED JUST SIMPLY BY PUTTING A, A PERIOD HERE AFTER THE MISDEMEANOR.
UM, AND THEN THE DISCRETION ON WHAT AMOUNT OF A FINE WOULD BE APPROPRIATE.
UM, AND ONE OTHER, ONE LAST QUESTION.
YOU SAID YOU, WHEN YOU STARTED YOUR PRESENTATION, YOU SAID THIS WAS IN RESPONSE TO A HANDFUL OF INCIDENTS.
AND NOW AS WE GOT INTO IT A LITTLE BIT MORE, YOU TALKED ABOUT WHAT'S HAPPENING IN OTHER CITIES WITH PEOPLE LEAVING BARS AND STUFF.
DO WE HAVE A SENSE OF THE FREQUENCY OF THE INCIDENTS THAT WE'VE HAD AND HOW MANY ARE RELATED TO TWO, THAT TYPE OF SITUATION OF SOMEBODY LEAVING A BAR OR VERSUS SOMEBODY THAT HAS SOME RELATIONSHIP TO A SHORT TERM RENTAL VERSUS SOMEBODY IN THE SITUATION EXPERIENCE BEING HOMELESSNESS? UH, I, I DID NOT TAKE A, A COUNT OF ALL THE POLICE BRIEFINGS, UM, BECAUSE THIS HAS BEEN DEALT WITH, UH, WITH POLICE OFFICERS.
CAUSE IT HASN'T BEEN ON THE BOOKS BEFORE.
AND SO WE DON'T HAVE, HAVE DATA FOR THAT.
UM, BUT I DID ASK A COUPLE POLICE OFFICERS, AND NO ONE HAS AN EXAMPLE AT ANY SHORT TERM RENTAL TAKING PLACE.
THEY GENERALLY TAKE PLACE, UM, IN OR NEAR BUSINESSES, AND THEY'RE CITED OR, UH, WITNESS BY PEOPLE WHO WILL THEN ALERT THE POLICE OFFICERS.
UM, ON THAT SAME THREAD, WHAT WOULD NORMALLY HAPPENS IS A POLICE OFFICER WOULD CITE, UH, AN OFFENDER FOR THIS, UM, USING THIS PARTICULAR CODE, RIGHT.
AS OPPOSED TO JUST, I'M GONNA GIVE YOU A TICKET AND YOU SHOW UP.
SO YOU, THERE'S BEEN NOTHING TO SIGHT FOR THIS.
SO THE POLICE HAVE BEEN UN UNABLE TO ENFORCE ANY PUBLIC URINATION MEAN AFTER, AFTER WE ENACT THIS, IF THIS IS ENACTED, THEN YES, UH, OFFICERS WOULD, UM, IF THEY FELT IT WAS THE VIOLATION WAS SUFFICIENT AND IT MET THE, UH, MET THE ELEMENTS OF THIS ORDINANCE, THEN THEY WOULD ISSUE A CITATION AND BE GIVEN A, A COURT DATE TO APPEAR.
UM, AND THAT'D BE THE, THE EXTENT OF WHAT, OKAY, SO THERE'S NO THAT EVENING, SO THERE'S NO STEP IN BETWEEN THAT, WHERE THE, UH, UM, THE PROSECUTOR COULD DECIDE WHETHER OR NOT TO PROSECUTE IT.
SO IN OTHER WORDS, IF I'M GONNA, IF I'M THE OFFICER AND I WANT TO GIVE THIS PERSON A WARNING AND I WANNA MAKE IT STICK SO THEY REALIZE IT, BUT I REALIZED THEY WERE EXTENUATING CIRCUMSTANCES OR WHATEVER, I COULD CITE THE PERSON AND THE, AND PUT IN MY REPORT THAT I DON'T RECOMMEND, YOU KNOW, OR WHATEVER, UH, BUT THEN THE PROSECUTOR COULD DECIDE WHETHER TO FOLLOW UP.
SO YES, UH, AS A CLASS OF MISDEMEANOR, THIS CASE, THESE CASES WOULD ALWAYS BE REVIEWED BY THE PROSECUTOR, UH, TO DETERMINE, UM, AND, AND MAKE A RECOMMENDATION TO THE COURT ON WHAT THEY THOUGHT WAS APPROPRIATE, UM, UH, LEVEL OF FINE OR, OR ANYTHING ELSE.
UH, AN OFFICER WHO DIDN'T WANT TO DIRECTLY CITE THE ORDINANCE, UH, SITE, DO A CITATION, COULD SUBMIT A REQUEST FOR PROSECUTION TO THE PROSECUTOR INSTEAD, AND PROVIDE THE EVIDENCE IN THE POLICE REPORT, AND THEN LEAVE IT TO THE PROSECUTOR TO, TO DETERMINE WHETHER OR NOT TO CITE THE PERSON, UH, THAT PRACTICE REFER, REFERRING TO PROSECUTION TO THE PROSECUTOR IS GENERALLY RESERVED, UH, FOR, FOR WHEN THE, UH, PERHAPS IN YOUR SITUATION, COUNSELOR THOMPSON, UM, WHEN THEY DON'T HAVE, THEY'RE NOT SURE IF THEY HAVE ENOUGH EVIDENCE, UH, TO SUPPORT A CONVICTION.
AND SO THEY'LL JUST REFER TO THE PROSECUTOR TO REVIEW WHAT THEY HAVE, AND THEN THEY CAN DETERMINE.
UM, BUT MORE FREQUENTLY IT'S USED WHEN THEY JUST CAN'T FIND THE DEFENDANT OR THE SUSPECT.
SO THEY, THEY KNOW, THEY MAY KNOW THE
[01:00:01]
IDENTITY OF THE SUSPECT AND WHO COMMITTED THE CRIME, BUT THEY CAN'T FIND THEM.THEY'LL, THEY'LL SUBMIT THE REQUEST FOR PROSECUTION TO THE PROSECUTOR, AND THE PROSECUTOR CAN THEN, UH, REVIEW IT AND, UH, FILE CHARGES AND, UM, AND, AND THE CASE WILL PROCEED FROM THERE.
UM, OFTEN, UM, GOING TO A WARRANT SO THAT THE NEXT TIME THE PERSON'S CONTACTED, THEY'D BE PICKED UP FOR THIS CHARGE.
SO, AND IN ANY CASE, THE, UH, THE POLICE OFFICER HAS THE DISCRETION TO JUST GIVE A STERN WARNING, UH, TO THE PERSON, UH, JUST LIKE THEY WOULD, WHETHER THEY DECIDE TO GIVE A, A, A TRAVELING VIOLATION, THEY STOP THE PERSON AND WHATEVER, AND IT HAS AN IMPACT, BUT THEY SAY, I'M GONNA LET YOU GO THIS TIME, BUT I KNOW WHAT YOU LOOK LIKE, DON'T DO IT AGAIN, KIND OF THING.
SO IN ALL CASES, POLICE OFFICERS HAVE DISCRETION ON WHETHER OR NOT TO FILE A CHARGE, UM, OR A CITATION, UH, SUBJECT TO POLICIES AND GOOD POLICE SCENE PRACTICES.
UM, JUST TO TAKE THAT A STEP FURTHER FROM COUNSEL THOMPSON, IF THE OFFICER ISSUES A WARNING, AND THAT'S AN OFFICIAL DOCUMENT WITH THE NAME AND PEDIGREE INFORMATION THAT'S KEPT ON FILE.
AM I CORRECT? UM, I AGREE FOR TO THE, TO THE POLICE OFFICER AND THAT, BUT, UH, THERE'S, THERE'S VARYING LEVELS OF WARNINGS.
THEY COULD JUST GIVE A VERBAL ONE AND NOT ACTUALLY WRITE DOWN THE INFORMATION.
WELL, I UNDERSTAND THAT, BUT IF, AND I UNDERSTAND, UM, COUNSEL ILLA IS CONCERNED ABOUT THE $150, UH, FINE, WHICH TO SOME PEOPLE IS A LOT OF MONEY.
SO I WOULD THINK THAT THE OFFICER HAS TWO OPTIONS TO EITHER ONE, JUST GIVE A VERBAL WARNING.
AND OUR OFFICERS ARE OUT THERE, THEY, THEY KNOW A LOT OF THE PEOPLE OUT IN THE STREET, UH, BUT IF THEY GIVE A WRITTEN WARNING AND THAT'S, THAT'S KEPT ON FILE UNDER THAT PERSON'S NAME.
SO IF, IF THEY'RE ENCOUNTERED TO BE DOING THE SAME THING AGAIN, WHAT STRINGENT ACTION CAN BE TAKEN? HOW DOES THAT WORK? CHIEF? IT LOOKS LIKE THE CHIEF WOULD LIKE TO SAY SOMETHING HERE PERHAPS.
SO, JUST TO ANSWER SOME OF YOUR QUESTIONS, AND KURT DID GO THROUGH SOME OF THIS.
SO WE DO HAVE THE DISCRETION IN THE FIELD AND A LOT OF WHAT GOES INTO THAT, THAT IS HOW PUBLICLY VIEWED COULD THIS PERSON BE WHEN COMMITTING THIS OFFENSE? UM, WHICH ALSO GOES INTO POTENTIAL SEX OFFENSE SIDE OF IT, AS WELL AS IF THE EXPOSURE WAS SEEN BY SOMEBODY ELSE.
SO WITH THAT, IF WE WERE TO GIVE A WARNING, WE DON'T REALLY NECESSARILY HAVE A WRITTEN WARNING.
SOMEBODY WOULD LEAVE WITH, LIKE YOU DO WITH A TRAFFIC STOP.
WE HAVE A, A WRITTEN WARNING OR A CITATION.
THOSE ARE SOMETHING SOMEBODY COULD LEAVE WITH.
WHEN IT'S A WARNING, IT'S GOING TO BE VERBAL TO THE PERSON AND DOCUMENTED WITHIN OUR CAD RMS SYSTEM, WHICH IS SOMETHING WHERE WE CAN GO BACK TO WITH THAT PERSON'S NAME AND SEE IF THEY RECEIVED A PREVIOUS WARNING AS LONG AS IT WAS DOCUMENTED WITHIN A CALL, UM, UNDER THAT PERSON'S NAME OR, OR SOMETHING ELSE TO THAT EFFECT.
SO, UM, AS KURT SAID, A LOT OF THESE THINGS JUST COME DOWN TO DISCRETION AS FAR AS, UM, WHAT THE OFFICER IS SEEING.
UM, AND LIKE KURT SAID AS WELL, A LOT OF THESE DO HAPPEN OUTSIDE BARS.
THEY, UM, HAPPEN IN, IN A LOT OF DIFFERENT AREAS AS FAR AS HOTEL PARKING LOTS.
SO IT'S NOT ALWAYS A LACK OF A RESTROOM THAT'S AVAILABLE.
AND OUR CLIENTELE GOES ACROSS MANY DIFFERENT ECONOMIC FIELDS.
CHIEF, LET ME ASK YOU THIS THOUGH.
WHEN YOU'RE TALKING ABOUT IT IN PUBLIC VIEW, IF IT'S IN A BACK IN A PARKING LOT AND IT IS IN SOME TREES, IS THAT CONSIDERED PUBLIC VIEW? IF YOU HAVE TO REALLY SEARCH FOR THAT PERSON OR IF IT'S, THEY'RE OUT IN THE LANE OF TRAFFIC WHERE SOMEBODY'S HEADLIGHTS WOULD SHINE ON THEM? PRETTY EMBARRASSING.
BUT IS WHERE DOES THE DISCRETION LIE? YOU KNOW, THAT'S ALL PART OF IT.
I MEAN, THAT'S WHAT WE WOULD TAKE INTO ACCOUNT.
IF SOMEBODY FOUND A BACK AREA TOWARDS THE BUSHES AND AND LIMITED THE POTENTIAL OF EXPOSURE, THEN WE WOULD PROBABLY MOST, MOST TIMES GIVE A WARNING FOR SOMETHING LIKE THAT JUST TO SAY, HEY, IN OUR CITY WE HAVE THIS, AND IF YOU'RE LOOKING FOR A RESTROOM, HERE'S SOME OPTIONS.
IF IT WERE IN A PARKING LOT WHERE ANYONE CAN SEE MM-HMM.
SO THEN ALSO, I'M, I'M MORE CONCERNED ABOUT DEFECATION PUBLICLY.
THAT'S, THAT'S AN A DICTIONARY,
SO HOW MANY TIMES ARE, ARE OUR OFFICERS, UH, EXPERIENCING THAT? IS THAT SOMETHING THAT IS BEING BROUGHT TO YOUR ATTENTION NOW MORE OFTEN THAN YEARS AGO? I WOULD SAY IT'S LESS FREQUENT.
WE'RE GONNA WITNESS THAT RATHER THAN WHAT WE STUMBLE UPON THAT IS ICKIER.
[01:05:01]
A GREAT WORD.I'LL JUST, I'LL JUST USE THIS.
IT'S IN, UM, SO I WOULD SAY WE'RE MOSTLY GONNA SEE SOMEBODY THAT IS URINATING VERSUS, UM, YOU KNOW, THE OTHER ACT.
SO WE MIGHT COME ACROSS IT AND, AND SIMILAR TO, UM, ANIMAL FECES.
I DUNNO IF YOU OTHERS HAVE TOM.
UM, CHIEF, JUST QUICK QUESTION.
IN REALITY, IF I GIVE A VERBAL WARNING TO SOMEBODY FOR THIS, AM I REALLY GONNA PUT IT IN THE SYSTEM? YES, YOU ARE.
WE DO THE SAME WITH TRESPASSING.
SO WHEN WE GIVE A WARNING THAT SOMEBODY IS NOT ALLOWED TO, TO BE IN THIS AREA.
WE DOCUMENT THOSE AS WELL, BECAUSE THAT'S WHAT WE RELY ON TO GO BACK TO SEE.
THE SAME AS WHEN WE PULL SOMEBODY OVER, WE DOCUMENT THOSE.
SO WE KNOW IF SOMEBODY WAS SPEEDING AND WE'RE LIKE, HEY, YOU GOTTA SLOW DOWN, YOU KNOW, THE SPEED LIMITS, YOU KNOW, 40, IT JUST SWITCHED TO 35.
THEN WE CAN ALWAYS GO BACK AND SAY, WELL, HOW MANY WARNINGS HAS THIS PERSON HAD? HAVE THEY HAD A WARNING? AND THAT GOES INTO OUR ACCOUNT, INTO OUR DECISION MAKING.
SO THE PROTOCOL RIGHT NOW IS OFFICER WITNESSES, IT CHECKS TO SEE IF THERE'S A WARNING BEEN GIVEN BEFORE THEY GIVE A WARNING AGAIN, OR DO THEY, HOW DO THEY INTERACT WITH THE SYSTEM? WELL, SO WE DON'T HAVE A PROTOCOL YET BECAUSE YOU'RE POTENTIALLY MAKING AN ORDINANCE FOR US SO THAT WE COULD ENFORCE.
BUT, UM, OUR COMMON PRACTICE AND BEST PRACTICE IS TO GIVE WARNINGS WHEN THAT SEEMS MORE SUITABLE THAN MAYBE JUST GOING FIRST WITH A CITATION.
BUT IN REALITY, IF, IF SOMEBODY DOES THIS AND IT IS, UM, TO A LEVEL THAT WE FEEL, UM, IMPACTS OUR PUBLIC OR POTENTIALLY, UM, YOU KNOW, THEY'RE DOING IT IN A MORE PUBLIC SETTING, THAN WE COULD JUST GO STRAIGHT TO A CITATION BASED ON THE FACTS THAT WE HAVE AT HAND.
SO IT MIGHT NOT START WITH A WARNING.
UM, IF WE WERE TO PUT A PERIOD AFTER THE WORD, UH, MISDEMEANOR, AS YOU SUGGESTED, WHAT IS THE RANGE OF FINES UNDER THE MISDEMEANOR RIGHT NOW THAT MIGHT BE APPLICABLE? UH, FROM, FROM $0 UP TO $2,500.
UM, ALSO A CLASS OF MISDEMEANOR CAN BE PUNISHED BY UP TO, UH, ONE YEAR PROBATION IN SIX MONTHS IN JAIL.
UH, SO ALL CITY CODES ARE GENERALLY A CLASS ONE MISDEMEANOR.
UM, THE AMOUNT OF JAIL TIME PEOPLE GET FOR VIOLATIONS OF CITY CODES IS USUALLY ZERO OR, UH, VERY, VERY RARELY.
THE ONLY, THE, THE FEW EXCEPTIONS WOULD BE, UM, ASSAULTS AND DUIS.
UM, DUIS COME WITH SOME MANDATORY JAIL TIME, UH, BUT MOST, VERY RARELY IS ANY JAIL TIME IMPOSED UNDER ANY, UH, ORDINANCE VIOLATION, UH, INCLUDING MISDEMEANORS.
UH, BUT IT IS A, IT COULD BE AT THAT RANGE.
SO IS IT SOMETHING YOU COULD SUGGEST THAT THE MAGISTRATE, THAT ONE 50 SUGGESTED, OR IS IT JUST HIS WHOLE DISCRETION AND, AND WOULD WE REALLY SEE 'EM ALL JUST DISMISSED WITH ZERO
SO JUDGES WHEN SENTENCING A PERSON AFTER THEY'RE FOUND GUILTY OR PLEAD GUILTY, UH, WEIGH THE FACTS AND WEIGH THE RANGE THAT'S AVAILABLE.
AND SO THEY'LL LOOK AT THE SENTENCING RANGE FROM, UH, AND, AND I, I, I TAKE, I'LL, I'LL BACKTRACK A LITTLE BIT.
ON THE ZERO, UH, THERE ARE SOME MANDATORY COURT FINES, UH, THAT WILL GO WITH IT.
SO THERE'LL BE, THERE'D BE SOME SMALL AMOUNT, UM, SOME OF THOSE CAN BE WAIVED, SOME CAN'T.
UM, SO, BUT IT'D BE FAIRLY SMALL, MUCH SUBSTANTIALLY SMALLER THAN THE ONE 50.
UM, BUT THE, THE JUDGE WOULD WEIGH THE FACTS AND DETERMINE WHAT HE THOUGHT WAS AN APPROPRIATE LEVEL.
HE OR SHE THOUGHT WAS AN APPROPRIATE LEVEL OF, OF PUNISHMENT FOR THE CRIME.
UM, AND SO LIKELY A FIRST TIME OFFENDER WOULD BE LOW.
UM, UH, PERHAPS LESS THAN ONE 50.
UM, IT DEPEND, BUT A, A REPEAT OFFENDERS ARE MORE EGREGIOUS SITUATIONS WOULD GET A HIGHER FINE.
I SEEM TO RECALL DURING THE, THE TRAILHEAD FIASCO WOULD BACK BEYOND AND THE PARKING LOTS THERE, THAT THERE WERE ANECDOTAL REPORTS OF PEOPLE URINATING OR DEFECATING ON PUB, PRIVATE PROPERTY, OTHER PUBLIC PROPERTY.
UM, AND IN THE PARKING THAT WE DECIDED, I THINK, TO INCREASE SOME OF THE FINES THAT WERE SUGGESTED, DID WE GO TO $150 FOR JUST PARKING SOMEWHERE THAT WAS ILLEGAL? UH, I'D HAVE TO PULL THOSE UP.
UH, THE CITY'S FINE, THE PARKING FEE SCHEDULE.
BUT YEAH, THEY WERE GENERALLY INCREASED.
UM, I MEAN, THAT SOUNDS ABOUT RIGHT.
I DON'T KNOW IF ANYONE REMEMBERS OFF THE TOP OF THEIR HEAD, BUT
DO YOU HAVE ANY CARDS, JESSICA? WHAT? IS THERE ANY PUBLIC COMMENT ON THIS ITEM?
[01:10:01]
I DON'T HAVE ANY CARDS.YEAH, I, I WOULD LIKE TO JUST LEAVE IT UP TO DISCRETION OF THE JUDGE.
I DON'T SEE ANY REASON TO IMPOSE A, A MAXIMUM, UM, IT SHOULD BE TREATED LIKE ALL OUR OTHER ORDINANCES.
SO I WOULD, I, YOU KNOW, THAT'S MY ONLY COMMENT.
YEAH, I JUST, I DO HAVE A COUPLE OF CONCERNS ABOUT THIS.
I'M REALLY UNDECIDED AS TO WHERE I'M GOING TO LAND, BUT I KNOW ONE THING IS THAT I, I REALLY WANNA SEE THE DISCRETION OF, OF THE JUDGE PUT IN AND THE MANDATORY MINIMUM TAKEN OUT WITHOUT THAT, I KNOW I CAN'T SUPPORT IT.
MY OTHER CONCERN IS THAT THIS IS A NEW ORDINANCE, AND IT WAS ON THE AGENDA, WHICH WAS PUBLISHED JUST A WEEK AGO.
AND WE'RE ALREADY MOVING TO THIS WITH ITS IMPLEMENTATION TONIGHT.
THAT I, I'M, I THINK THAT THIS IS SOMETHING THAT, YOU KNOW, THERE SHOULD HAVE BEEN A PUBLIC HEARING, GET SOME INPUT FROM STAKEHOLDERS WHO MIGHT BE INVOLVED.
I WOULD LIKE TO HEAR FROM ORGANIZATIONS LIKE SAHA OR WHAT'S HAPPENING AT THE LIBRARY, OR, YOU KNOW, IN THE BACK OF THERE OR SOMETHING.
OR ANY, UM, UH, BUSINESS OWNERS THAT HAVE BEEN IMPACTED BY THIS.
I DON'T, I DON'T HAVE THE INFORMATION.
I MEAN, KURT, I THANK YOU FOR BEING PROACTIVE, REALIZING WE DON'T HAVE AN ORDINANCE.
CUZ AS I STATED, I THINK WE NEED AN ORDINANCE.
UM, I JUST DON'T KNOW, I DON'T HAVE THE INFORMATION THAT YOU HAD IN EN CRAFTING THIS TO KNOW WHAT THE CONCERNS WERE THAT CAME FORTH OR HAVEN'T HAD AN OPPORTUNITY TO HEAR THAT.
SO I AM A LITTLE BIT UNCOMFORTABLE WITH THIS BEING HEARD AND IMPLEMENTED IN THE SAME NIGHT LIKE THAT.
UM, SO AGAIN, THE MINIMUM FOR ME IS, IS A NON-STARTER.
UH, AND MY OTHER CONCERN, I JUST STATED, UM, TOM, THEN JESSICA, THEN SCOTT.
MAYOR, UM, I UNDERSTAND THE, UH, COUNSELOR'S CONCERN WITH THE 150, SO I COULD SUPPORT GOING TO THE, UM, MISDEMEANOR LANGUAGE.
UH, BUT I DO THINK THAT WE DON'T NEED TO GET FURTHER INPUT FROM THE PUBLIC, JUST FROM THE STANDPOINT OF, I THINK EVERYBODY PRETTY MUCH KNOWS THEY PROBABLY SHOULDN'T PEER POOP IN FRONT OF EVERYBODY.
YOU KNOW? I MEAN, IT'S, THERE'S CERTAIN THINGS THAT YEAH, THEY'RE DISCRETIONARY IN YOUR THOUGHT, BUT EVERYBODY PROBABLY KNOWS WE SHOULD BE USING THE BATHROOM ALL POSSIBLE.
AND THE INFORMATION WE'VE RECEIVED IS, THIS HAPPENS USUALLY AT THE BARS AFTER THE PEOPLE THERE, PEOPLE THAT HAVE ACCESS TO BATHROOMS. I'M ALSO CONSIDERING ABOUT THE NINTH CIRCUIT COURT IN CALIFORNIA AND THE CAMPING ORDINANCES AND THE PROBLEMS THAT WE MAY HAVE IN THE FUTURE WITH PEOPLE COMING IN.
I THINK THIS ORDINANCE IS NECESSARY.
UH, AND I BELIEVE PEOPLE, UH, YOU KNOW, CAN ALWAYS LOOK IT UP.
UH, IF WE GO TO LET THE PUBLIC LOOK AT EVERY ONE OF THESE, CUZ EVERY ONE OF THESE THAT WE DO WILL BE THE FIRST TIME WE BROUGHT IT UP.
WE DELAY THINGS UNNECESSARILY.
BUT I'D SUPPORT THE, UH, ORDINANCE.
WHAT THE CHANGES RECOMMENDED, JESSICA.
THE, UH, I, I, I DON'T DIS I DON'T AGREE THAT THE ONE WEEK IS INSUFFICIENT TIME.
PEOPLE KNOW WE HAVE A CALENDAR, PEOPLE KNOW THIS.
THE PEOPLE WE THINK ARE ARE IMPACTED BY IT.
UM, YOU KNOW, WE COULD HAVE DONE RESEARCH TOO.
WE COULD HAVE TALKED TO PEOPLE.
UM, I THINK IT'S A PUBLIC HEALTH ISSUE.
EVERYBODY IN THE UNIVERSE HAS ONE OF THESE.
THIS IS VERY, VERY BENIGN, STRAIGHTFORWARD.
UM, IF WE NEED TO DO SOMETHING LATER, THIS COULD BE CHANGED.
I THINK IT'S SORT OF ELEMENTAL.
I DON'T, I, I REALLY, I MEAN, I CAN'T IMAGINE I'M GOING, I DON'T KNOW.
I'M NOT GONNA SAY I CAN'T IMAGINE, BUT THERE'S NOT ANYTHING THAT I CAN CONCEIVE OF HEARING THAT WOULD SAY, WE SHOULDN'T DO THIS.
IT MAY BE THAT WE SHOULD DO OTHER THINGS.
IT MAY BE THAT WE SHOULD BUILD BATHROOMS ALL THROUGH THE CITY LIKE THEY DO IN FRANCE AND STRASSBURG.
BUT I DON'T THINK I NEED TO HEAR, I THINK THIS ON ITS FACE IS REASONABLE AND IN THE INTEREST OF THE CITIZENS AND RESIDENTS OF SEDONA.
AND THERE'S ABSOLUTELY NO REASON TO DRAG THIS OUT IN ANY, IN OTHER WAY.
I DON'T THINK WE'RE GONNA END UP WITH A, WITH A ORDINANCE THAT SAYS, EXCEPT IN THESE SITUATIONS.
SO I DON'T SEE ANY REASON NOT TO MOVE AHEAD WITH MAKING IT JUST A MISDEMEANOR AND THE JUDGE CAN DECIDE WHAT THE FINE IS.
UM, I WAS IMPRESSED BY WHAT THE POLICE CHIEF SAID ABOUT, AND, AND THE CITY ATTORNEY ABOUT DISCRETION.
I BELIEVE OUR POLICE OFFICERS USE DISCRETION MOST OFTEN AND THEY UNDERSTAND.
[01:15:01]
I CERTAINLY HOPE THAT THEY UNDERSTAND AND ABOUT IF A PERSON IS OBVIOUSLY UNABLE TO, UH, AFFORD TO PAY THE FINE, CUZ IT SHOULDN'T BE ABOUT DEFINED.IT SHOULD BE ABOUT HOW EGREGIOUS THE ACT WAS.
AND IF SOMEBODY IS THAT UNCARING THAT THEY'RE GOING TO BE IN THE MIDDLE OF A PARKING LOT, IT BE SOMEWHERE THAT'S VISIBLE.
AND THAT'S THE POINT THAT REALLY GETS TO ME.
IF IT'S VISIBLE AND IT DON'T EVEN TAKE A STEP TO HIDE THEMSELVES, THAT'S JUST WRONG.
PEOPLE SHOULD KNOW THAT IT'S NOT SOMETHING NEW.
WE'RE NOT CREATING, YOU KNOW, THE WHEEL.
UM, I'M FINE WITH THE HUNDRED $50 FINE.
UH, BUT I THINK THAT OTHER, EVERY OTHER CITY THAT I KNOW OF HAS SUCH AN ORDINANCE AND WE SHOULD HAVE HAD THIS ALL ALONG.
I DON'T FEEL THAT THIS IS THAT TYPE OF A TOPIC.
IT'S A, IT'S A VERY COMMON TOPIC.
WE ALL, ANYONE WOULD KNOW NOT TO DO EITHER ONE OF THESE ACTS IN, IN THE PUBLIC.
SO I FEEL THAT, UH, WE NEED TO, UM, TAKE THE ACTION AND I THINK THAT, UH, $150 FINE IF THE PERSON CAN'T AFFORD IT, HOPEFULLY THE OFFICER WILL JUST MAYBE GIVE THEM THE WARNING.
THEY DOCUMENT IT AS THE POLICE CHIEF SAID, AND IF IT COMES UP AGAIN, WELL THEN THEY'VE HAD THEIR WARNING.
I DON'T THINK IT'S ANY DIFFERENT THAN THE JUDGE LOWERING THE FINE IF THE, UH, THE INDIVIDUAL GETS A WARNING.
I THINK IT'S JUST AS, UH, EFFECTIVE.
AND I, I DO A SUPPORT AS WRITTEN BY THE, UH, STAFF.
JT, THE MANDATORY MINIMUM, THE WAY IT'S WRITTEN BY STAFF HAS A MANDATORY MINIMUM FINE OF $150.
J UM, YEAH, I, I AGREE WITH THE VICE MAYOR ON THIS ONE.
I THINK, UM, THE, THE IMPORTANCE OF THE MANDATORY MINIMUM IS TO, UH, ESTABLISH THE, UH, THE SEVERITY OF THIS RELATIVE TO OTHER THINGS THAT WE HAVE.
AND THE FACT THAT, UM, THIS IS THE MOST COMMON WORDING I UNDERSTAND, UM, WITHIN, WITHIN THE STATE.
UM, AND, AND ALSO THE FACT THAT WE, WE WERE ALL SURPRISED THAT WE DON'T HAVE THIS ON OUR BOOKS ALREADY.
UH, AND I THINK THE GENERAL PUBLIC PROBABLY COULD IS, IS THE SAME, WHICH, WHICH IS LIKE EVERYBODY'S GOT THEIR FIRST WARNING.
AND THERE PROB THERE COULD BE A LAW AGAINST, OR THERE PROBABLY IS.
SO, UH, WHILE I UNDERSTAND THE CONCERNS ABOUT THE, UH, HOMELESS SITUATION AND, UH, YOU KNOW, I, I CAN SEE A SITUATIONS WHERE THAT COULD BE A, A CHRONIC PROBLEM.
UM, I, I FEEL, UH, THAT ESPECIALLY WITH THE, UH, THE CHIEF'S COMMENTS, THAT THERE'S ENOUGH DISCRETION AT, UH, AT DIFFERENT POINTS THROUGH THIS WHOLE PROCESS THAT THAT CAN BE DEALT WITH.
AND I'M, I'M GONNA SIDE ON THE, THE FACT THAT WE, WE NEED TO MAKE SURE THAT THE PEOPLE WHO AREN'T JUST CAUGHT BECAUSE OF THEIR CIRCUMSTANCES OR URGENCIES OR SUDDEN RUN OF DIARRHEA OR WHATEVER, AND THEY HAD NOTHING THEY COULD DO ABOUT IT.
UH, WE DON'T NEED TO PROTECT THEM.
I THINK THE PROTECTIONS ARE THERE FOR THEM.
I WANT TO BE SURE THAT THE PEOPLE WHO DO THIS AS A PROTEST OR, OR, OR ARE JUST COMPLETELY, UM, UM, NOT THINKING ABOUT THE REST OF THE, THE PUBLIC BECAUSE THEY'RE INEBRIATED OR WHATEVER.
I THINK THEY NEED A STRONG MESSAGE.
SO I'M GONNA SIDE ON THE, ON THE FACT THAT I, I THINK THAT WE SHOULD HAVE THE, UM, THE WORDING EXACTLY AS IT IS.
AND I THINK THAT TAKES CARE OF IT.
OKAY, KURT, I'D LIKE TO ASK, UM, WHAT IT WOULD TAKE TO CHANGE IT ONCE WE PASS IT.
UH, ANOTHER COUNSEL, UM, MOTION, UH, PROVING AN ORDINANCE WAS ALL IT WOULD TAKE IT TO AMEND THIS ORDINANCE.
SO I, I'M ON, I'M ON THE SIDE OF, UH, ALSO ADOPTING IT AS IS.
WE HAVE NOTHING AT THE MOMENT.
I THINK IT'S BETTER TO GET SOMETHING IN PLACE.
UH, LIKE I THINK WE DID ALL ASSUME WE HAD SOMETHING IN PLACE AND WE DON'T, SO IT CAN BE CHANGED.
SO I WOULD LIKE TO SUPPORT IT AS IS.
TOM, I THINK WE'RE TO TIE IS WHAT I'VE HEARD SO FAR.
UH, SO I DON'T KNOW IF THAT MEANS THAT IT JUST STOPS OR WHATEVER, BUT I WOULD, HAVING LISTENED TO YOU ALL, I WILL SWITCH MY POSITION TO SUPPORT THE ORIGINAL LANGUAGE.
KATHY? I VERY MUCH APPRECIATE THE POLICE USE DISCRETION AND I THINK OUR POLICE FORCE IS GREAT AND COMPASSIONATE AND AND KNOWLEDGEABLE AND I HAVE NO ISSUE WITH THAT.
I SEE NO PROBLEM THOUGH WITH PUTTING A SECOND LAYER OF DISCRETION INVOLVED.
BECAUSE IF YOU'RE IN THE FIELD AND THERE'S A DISPUTE, UM, YOU MAY NOT HAVE A PERSON WHO'S BEING, UM, CITED FOR THIS MAY NOT HAVE
[01:20:01]
DOCUMENTATION OR SOMETHING.LET'S SAY IT DOES GO TO A COURT SCENARIO.
THEY MIGHT BE ABLE TO BRING IN A DOCTOR'S NOTE OR SOMETHING THAT WOULD SHOW THAT WAS NOT AVAILABLE TO THEM AT THE TIME IN THE FIELD.
SO I, I FEEL STRONGLY THAT THERE NEEDS TO BE THE POLICE DISCRETION, WHICH IS THERE AND I APPRECIATE, BUT ALSO THE LEVEL OF DISCRETION FOR AFTER THE FACT FOR INFORMATION THAT MAY COME OF LIGHT FOR THE, IN A COURT.
SO, UM, I UNDERSTAND THAT THIS CAN BE CHANGED AFTER I, IT WAS GONNA BE ONE OF MY QUESTIONS, SO I THANK YOU FOR ASKING IT MAYOR, ABOUT THAT.
AND, AND IT GIVES ME SOME LEVEL OF COMFORT THAT WE CAN CHANGE IT AFTERWARDS, BUT I STILL THINK THE $150 IS TOO HIGH AND IT TAKES AWAY THE DISCRETION OF THE JUDGE.
I WOULD SUPPORT THE, OR THIS ORDINANCE, IF THE $150 IS MANDATORY IS REMOVED AND IT'S LEFT TO, YOU KNOW, WITH THE PERIOD AFTER MISDEMEANOR MM-HMM.
UM, AND WITHOUT THAT CHANGE, I WILL NOT BE ABLE TO SUPPORT THIS.
YOU WANT ME TO MAKE A MOTION? SURE.
WELL, WELL WHAT'S YOUR MO ARE YOU FOR THE 150 OR NOT? I ACTUALLY AM NOT FOR THE 150.
BUT, UM, I, I, YOU KNOW, I DON'T WANNA VOTE AGAINST WHAT IS CLEARLY AN IMPORTANT, I MEAN, IT'S STUPID NOT TO HAVE THIS ORDINANCE ON THE BOOKS AND IT'S
I MEAN, I'M, I'M AGAINST IT, BUT NOT ENOUGH.
I'M AGAINST THE 150, BUT NOT ENOUGH TO VOTE AGAINST IT BECAUSE I THINK WE NEED THE ORDINANCE RIGHT AWAY.
I I DO, I DO AGREE WITH, WITH COUNSELOR ELLA, THAT IT IS A, I THINK IT'S A HIGH PLACE TO START.
AND I THINK, I DON'T, I DON'T THINK THAT IT RISES TO THE OCCASION OF, OF SEXUAL WHATEVER IT WAS.
WHAT DID YOU SAY? OFFENSES, ALTHOUGH IT MAY, IT MAY MOVE OVER.
I I PREFER TO HAVE A MORE, A LESS DEFINED APPROACH, BUT I WILL IN FACT VOTE FOR IT BECAUSE I DON'T WANNA VOTE AGAINST IT.
CUZ I THINK IT'S VERY IMPORTANT ORDINANCE TO HAVE ON THE BOOKS.
IF YOU WANNA MAKE THAT MOTION
I, WE DO, WE REQUIRE FIRST READING, OH, SORRY.
ORDINANCE NUMBER 2022 DASH 9 0 9.
AN ORDINANCE OF THE CITY OF SEDONA, ARIZONA AMENDING CITY CODE CHAPTER 9.10 OFFENSES AGAINST THE PUBLIC OFFENSES AGAINST PUBLIC PEACE BY ADOPTING SECTION NINE POINT 10.020 PROVIDING FOR A SAVINGS CLAUSE, PENALTIES, AND FOR REPEAL OF CONFLICTING ORDINANCES.
OKAY, I MOVE TO APPROVE ORDINANCE 2022 DASH NINE AMENDING CITY CODE CHAPTER 9.10 BY ADDING SECTION 9.10 0.020 RELATED TO PUBLIC URINATION AND DEFECATION.
SECOND, MOVED BY COUNSELOR WILLIAMSON, SECOND BY COUNSELOR THOMPSON.
MAYOR, I'D LIKE TO ASK THE MINUTES REFLECT THAT MY, UM, NO VOTE IS BECAUSE OF THE LACK OF DISCRETION ON THE FINE AT THE LEVEL OF THE COURT.
[8.b. AB 2880 Discussion/possible action regarding a Resolution and Ordinance amending the Sedona City Code Chapter 8.50 (Prohibition on Use of Fireworks in City Limits).]
GONNA MOVE ON TO EIGHT B AB 28 80 DISCUSSION POSSIBLE ACTION REGARDING A RESOLUTION AND ORDINANCE AMENDING SEDONA CITY CODE CHAPTER 8.50 PROHIBITION ON USE OF FIREWORKS IN CITY LIMITS.KURT, THANK YOU MANANA MAYOR, MR. VICE MAYOR, COUNSELORS.
UH, SO THIS DISCUSSION FOR, FOR COUNSEL TONIGHT IS, UH, ON THE FIRE CITY'S FIREWORKS ORDINANCE HAS NOT BEEN UPDATED SINCE 2010.
UH, AS YOU ARE WELL AWARE, UM, ESPECIALLY WITH ALL THE RECENT, UH, EMERGENCY, UM, UH, EVENTS, PLANNING AND EVACUATION PLANNING, THE CITY IS SURROUNDED BY NATIONAL FOREST AND WILDERNESS AREA.
UH, AT TIMES, UH, THOSE WILDERNESS, THE WILDERNESS OF FOREST, UH, WILL CATCH ON FIRE, UH, SOMETIMES CLOSE TO THE CITY AND CAN THREATEN THE CITY AND THE RESIDENTS.
UM, THIS, UH, FIRE DANGER, UM, USUALLY GROWS, UH, EACH YEAR JUST PRIOR TO THE START OF THE MONSOON SEASON.
AND EVEN AFTER THE MONSO MONSOON SEASON BEGINS, UNTIL THERE'S ENOUGH MOISTURE TO, UH, TO LIMIT THE CHANCES OF FIRE.
AND THAT HAPPENS TO COINCIDE WITH THE JULY 4TH, UH, HOLIDAY FREQUENTLY.
UH, AND SO THE CITY HAS HISTORICALLY PROHIBITED, UH, THE USE OF FIREWORKS IN THE CITIES.
UM, OVER THE LAST, UM, WELL DECADE PLUS, THE STATE LEGISLATURE HAS AMENDED AND PREEMPTED
[01:25:01]
LOCAL CONTROL OVER FIREWORK USE AND SALES, UH, TO THE, TO THE POINT THAT, UH, CITIES HAVE TO, UH, COMPLY, UH, BOTH WITH ALLOWING FIREWORKS, UM, PERMISSIBLE CONSUMER FIREWORKS AND FIREWORK SALES, UH, DURING THE TIME PERIODS LEADING UP TO THE JULY 4TH AND NEW YEAR'S HOLIDAYS.UH, SO THE PROPOSED AUDIENCE IN FRONT OF YOU IS TO, UH, AND THE MOST RECENT CHANGE WAS THIS LAST LEGISLATIVE SESSION, UH, HERE IN 2022.
AND THE, UH, THE NEW RULES WENT IN EFFECT IN SEPTEMBER, UH, SEPTEMBER 24TH, 2022.
AND SO THAT'S WHY THIS ORDINANCE IS BEING BROUGHT FORWARD.
IT'S TO NOT ONLY BRING IT INTO COMPLIANCE WITH PREVIOUS CHANGES THAT OCCURRED IN 2019 AND 2015, I BELIEVE, UM, BUT ALSO WITH THE MOST RECENT CHANGES.
SO THE ORDINANCE THAT PROPOSED BOTH THE DEFINITIONS AND THE, UM, DAYS AND TIMES, THOSE ARE DIRECTLY FROM STATE LAW, UM, INCLUDING THE TIME PERIODS, UM, DISCUSSING HOW FIREWORKS ARE GENERALLY PROHIBITED OVERNIGHT HOURS BETWEEN THE HOURS OF 11:00 PM AND 8:00 AM.
UM, BUT EXCEPT ON NEW YEAR'S EVE.
AND, AND JULY 4TH, UM, IN ADDITION TO THIS STATE LAW ALLOWS, UH, CITIES TO PROHIBIT FIREWORKS, UH, PERMISSIBLE CONSUMER FIREWORKS, UH, FROM BEING USED WITHIN ONE MILE OF NATIONAL FORESTS.
UH, AND THIS ORDINANCE ENACTS THAT PROHIBITION.
UM, AND IT'S LISTED RIGHT HERE IN THE, WHAT WOULD BE THE NEW SUBSECTION F IN THE ORDINANCE, BOTH TO THE, THE BOTH THE PURPLE AND THE BLUE LANGUAGE WOULD BE THE NEW THAT'S UNDERLINED.
AND THEN THE STRIKE THROUGH LANGUAGE WOULD BE THE OLD LANGUAGE THAT WOULD BE, UM, REMOVED FROM THE ORDINANCE.
AND THEN SUB SECTION F HERE SAYS THE USE OF FIREWORKS, INCLUDING PERMISSIBLE CONSUMER FIREWORKS, IS PROHIBITED WITHIN A ONE MILE RADIUS OF THE BORDER OF THE COCONINO NATIONAL FOREST, UH, OR THE RED ROCK SEEKER MOUNTAIN WILDERNESS AREA, WHICH TOUCHES THE CITY ON THE NORTH END.
QUESTIONS TOM? THANK YOU, MAYOR.
MAYOR, UM, THE PROHIBITION COMES FROM THE STATE ORDINANCES, I GUESS, THEIR STATUTES THAT WE'RE FOLLOWING AS WE'RE TRYING TO UPDATE AND BE IN COMPLIANCE WITH.
I NOTICED THAT ONE OF THE THINGS THAT IS PROHIBITED IS THE ENTIRETY OF THE CITY, MUNICIPAL CITY LIMITS BECAUSE THEY'RE ALL WITHIN ONE MILE OF THE NATIONAL FOREST.
IS THAT CORRECT? UH, FROM WHAT STAFF CAN TELL? YES.
SO STAFF HAS DETERMINED THAT IF YOU SHOOT OFF FIREWORKS OF ANY KIND, REALLY ANYWHERE IN THE CITY, YOU'RE IN VIOLATION OF THE STATE STATUTE, UH, FIREWORKS AND PERMISSIBLE CONSUMER FIREWORKS.
THERE ARE STILL NOVELTY ITEMS THAT WERE BOTH IN THE OLD ORDINANCE AND WOULD CONTINUE IN THE NEW ORDINANCE THAT ARE NOT REGULATED CUZ THEY'RE NOT CONSIDERED FIREWORKS BY THE, BY THE FEDERAL GOVERNMENT.
THOSE ARE THE SPARKERS OR THE YEAH.
HERE LISTED AS TOY SMOKE DEVICE AND SPARKLERS AND PARTY POPPERS.
SO WITH, WITH THE EXCEPTION OF THOSE OTHER FIREWORKS ARE REALLY JUST NOT A LOT.
UH, BUT I DID LOOK AT THE LANGUAGE AND IT LOOKS LIKE IT'S AT THE DISCRETION OF THE MAGISTRATE BECAUSE IT'S A CLASS ONE MISDEMEANOR.
IS THAT CORRECT? SO THE, UH, IN THE CURRENT ORDINANCE, ANY VIOLATION OF THE PROHIBITION USE OF FIREWORKS IS A CLASS ONE MISDEMEANOR.
THE PROPOSED ORDINANCE WOULD ALLOW IT TO BE EITHER A CLASS ONE MISDEMEANOR OR A, UM, CIVIL OFFENSE.
THAT DISCRETION AS WHETHER SITE AS A MISDEMEANOR OR CIVIL OFFENSE WOULD BE UP TO THE, UM, THE OFFICER CITING OR THE PROSECUTOR.
UM, THE JUDGE WOULD THEN HAVE THE ABILITY TO, UH, UH, IMPOSE A PENALTY COMMISERATE WITH A, A CIVIL OR CRIMINAL OFFENSE.
SO YOU, YOU'VE GOT DOUBLE FLEXIBILITY, IF YOU WILL, FROM THE CIVIL SIDE AS WELL AS THE CLASS ONE MISDEMEANOR SIDE, IS THAT WHAT YOU'RE SAYING? YES.
SO THE, THE, THE OFFICE, OUR POLICE FORCE STILL HAS THE OPPORTUNITY TO, TO SAY, HERE'S A WARNING, HERE'S A CIVIL, UH, VIOLATION OR HERE IS A CLASS ONE MISDEMEANOR, UH, CITATION, BASICALLY.
UH, IS THERE ANYTHING IN HERE WHERE, IF SOMEBODY SHOULD VIOLATE THIS AND THEIR ACT CAUSES A FIRE AND, UH, TO SEVERAL DIFFERENT DEGREES, ONE FOREST FIRE, TWO RESIDENTS HOMES, AND ALL, ALL THAT, UH, YOU KNOW, UH, ISSUE, ARE THE FINES WORSE, OR THE CRIME IS, DOESN'T GO INTO ARSON OR ANYTHING LIKE THAT FOR VIOLATING THE CODE? UH, NO, BUT THEY ARE, THEY ARE LIABLE.
UM, UH, SO HERE REASONABLE COSTS.
UM, SO ANYONE THAT IS THAT, UH, CAUSED ANY DAMAGE, UH, OR FOR FIRE OR FIRE FIRE, UM, THEY WOULD BE RESPONSIBLE FOR THE COST OF PROVIDING POLICE, FIRE, FIGHTING, CLEANUP, PROSECUTING EMERGENCY,
[01:30:01]
UH, MEDICAL SERVICES.SO KURT, THE, THE PROHIBITION OF THE ONE MILE FROM THE FOREST IS A STATE, A STATE SANCTIONED PROHIBITION, CORRECT? STATE SANCTIONED? IT IS OPTIONAL.
UH, SO IT'S NOT THAT YOU HAVE TO, CITIES DON'T HAVE TO, BUT IT'S, IT THAT IS STATE SANCTIONED AND IT JUST HAPPENS TO BE, SEDONA IS PRETTY MUCH ALL WITHIN THAT LIMIT, WHEREAS GREAT PARTS OF THE STATE ARE CLEARLY NOT.
UM, I SEE THIS SEEMS TO ME A REALLY MUCH MORE EGREGIOUS VIOLATION OF AN ORDINANCE.
WHY WOULD WE NOT HAVE A MINIMUM FINE FOR THIS? BECAUSE I THINK THIS IS MUCH MORE DANGEROUS, MUCH MORE IMPACTFUL AND POTENTIALLY THAN PUBLIC URINATION.
SO IS IT POSSIBLE TO PUT A FINE IN ON THIS THAT'S COMMENSURATE WITH THE OTHER, UH, UH, Y YES, COUNCIL COULD IMPOSE A MANDATORY MINIMUM.
UM, BECAUSE I THINK THIS IS ACTUALLY HAS THE POTENTIAL BEING MUCH MORE, MUCH MORE SERIOUS.
WHAT, WHAT DO YOU HAVE A NUMBER IN MIND? 150 SEEMS TO ME A NICE NUMBER.
IT'S A SIGNIFICANT AMOUNT OF, OF, OF MONEY.
UM, BUT IT'S NOT PEOPLE WHO, WHO ARE USING THEM SHOULD KNOW.
THEY, THEY CAN'T USE THEM AND THEY'RE DANGEROUS.
AND WE'RE SO CLOSE TO THE FORESTS.
SO I'D BE, I DON'T KNOW WHAT ANYBODY ELSE THINKS THAT WOULD BE WHERE I WOULD SORT OF START.
I WOULD LIKE TO MAKE A RECOMMENDATION OF A THOUSAND DOLLARS.
YOU COULD WIPE OUT THE ENTIRE CITY BY ONE BOTTLE ROCKET OR ANYTHING LIKE THAT.
HOW DOES THE MAGISTRATE DECIDE WHETHER IT'S ZERO TO 2,500, IF IT SHOULD BE A THOUSAND VERS? MAYBE YOU COULD HELP US IN HOW THAT'S DETERMINED.
SO IF THERE'S A MANDATORY MINIMUM, THEN THAT REMOVES THE DISCRETION FROM THE CITY MAGISTRATE.
AND SO THAT'S WOULD BE THE STARTING POINT AND THAT'D BE THE LOWEST THE JUDGE COULD IMPOSE.
UM, THERE, THERE ARE, YOU KNOW, THERE ARE A, A VARIETY IT, SO BOTTLE ROCKETS OBVIOUSLY WOULD BE ONE OF THE MORE, THE MOST EGREGIOUS ONE.
UM, AND SO THAT WOULD BE AVAILABLE TO BE PUNISHED UP TO SIX MONTHS IN JAIL, A YEAR PROBATION, AND $2,500 FINE AS A CLASS ONE MISDEMEANOR.
UH, AND THAT WOULD BE, SO THERE, THERE ARE THE THREE DIFFERENT DEFINITIONS.
YOU'VE GOT FIREWORKS, UM, HERE, AND THAT'S DEFINED IN STATE LAW, UH, THE NOVELTY ITEMS WHICH ARE DEREGULATED AND THEN THE PERMISSIBLE CONSUMER FIREWORKS.
AND SO IF YOU HAD A SMALL, UM, YOU KNOW, AND, AND THERE'S A DIFFERENCE IN THE STATE LAW, UM, BETWEEN SPARKLERS AND, AND WIRE SPARKLERS AND, AND DIPSTICKS, AND I'M NOT FAMILIAR WITH ALL THE DIFFERENCES, UM, OF THOSE, BUT IT, YOU KNOW, DEPENDING ON THE VIOLATION, I'M NOT SURE THAT A THOUSAND DOLLARS WOULD BE, WOULD BE APPROPRIATE.
UM, SOMETIMES THESE WOULD BE, UM, TEENAGERS, UM, MAYBE NOT NECESSARILY MINORS.
IT COULD BE, YOU KNOW, 18 OR 19 YEAR OLDS.
BUT IT COULD BE PEOPLE WHO MAYBE WERE UNAWARE AND, AND HAD LITTLE OR NO CHANCE OF CAUSING ANY INJURY OR, OR DAMAGE, BUT WE'RE A VIOLATION OF THE ORDINANCE.
SO, SO THERE IS SOME DISCUSSION MAY, MAY BE APPROPRIATE.
YEAH, I THINK A THOUSAND IS JUST, I MEAN, THERE, THIS IS A FINE, IT'S, AND, AND NOTHING, PRESUMABLY NOTHING HAS HAPPENED.
THERE'S JUST DONE FIREWORKS ILLEGALLY.
UM, I THINK A THOUSAND DOLLARS IS UNNECESSARILY PUNITIVE WHEN THERE ACTUALLY HASN'T, NOTHING HAS HAPPENED.
UM, I, MYSELF, AS A CHILD IN CALIFORNIA, WE HAD THE LITTLE CONSUMER FIREWORKS.
WE MANAGED TO START THE LAWN, THE LITTLE GRASS AREA NEXT DOOR TO US ON FIRE.
UM, IT'S, IT'S TOTALLY SOMETHING THAT CAN HAPPEN EVEN WITH THE LITTLE SPINNERS AND SPARKLERS AND ALL THOSE THINGS.
SO I'M NOT SURE I WANNA NECESSARILY MAKE DIFFERENT LEVELS OF, OF FINE.
I THINK THAT I THINK 150 IS REASONABLE.
I THINK A THOUSAND IS UNREASONABLE AND ASSUMES THAT SOME SIGNIFICANT DAMAGE HAS HAPPENED WHEN IN FACT IT HAS NOT, IT HAS THE POTENTIAL OF IT, BUT IT HAS NOT.
SO I GUESS I WOULD STICK WITH ABOUT $150.
SO I'LL ASSUME THAT THAT'S STARTING THE DISCUSSION AND ASSUME THERE ARE NO MORE QUESTIONS.
KATHY, I GUESS WOULD YOU LOOK AT TWO LEVELS, LIKE FOR CONSUMER AT ONE 50 AND THE OTHER AT A THOUSAND FOR THE, I THINK THE ONES THAT YOU'RE ASKING ME MYSELF, WHAT, YOU KNOW, KATHY HAD HER HAND UP FIRST, FIRST OF ALL.
SO, UM, AND THEN JUMPING AHEAD TO COUNCIL MEMBER LAMPKINS QUESTION THOUGH, I MEAN, I THINK, AGAIN, TO MY POINT IN THE ORDINANCE THAT WE JUST VOTED ON BEFORE, IS A JUDGE'S
[01:35:01]
DISCRETION IS WHAT'S IMPORTANT.I DO BELIEVE THAT IF THERE WAS A MINIMUM FINE SET IN THAT ONE, THERE SHOULD BE A MINIMUM FINE SET IN THIS ONE.
I CAN SUPPORT COUNCIL WILLIAMSON'S RECOMMENDATION AS 150 AS A MINIMUM, BECAUSE AGAIN, IT LEAVES THEN JUDGE'S DISCRETION TO GO UP FROM 150, BUT IT DOES SET AT LEAST A MINIMUM TO MAKE THIS MORE PUNITIVE THAN SOMETHING THAT MAY BE A MEDICAL CONDITION OR EVEN A MENTAL HEALTH CONDITION, YOU KNOW, IN THE PREVIOUS ORDINANCE.
SO I, I SUPPORT THIS ORDINANCE.
I WOULD LIKE TO SEE THE, UM, THE $150 MINIMUM PUT IN AS THE STARTING PLACE AND THE JUDGE'S DISCRETION FROM THERE.
JT, UM, I, I'M, I'M THINKING THAT THIS, HOW THIS DIFFERS FROM THE LAST ONE IS THAT THIS IS SOMETHING THAT HAPPENS TWICE A YEAR.
WE'RE ESPECIALLY CONCERNED ABOUT THE 4TH OF JULY TIME, RIGHT? BECAUSE OF THE FIRE DANGER.
AND SO, YOU KNOW, THE OPPORTUNITY FOR OKAY, A WARNING, BUT WATCH OUT, YOU KNOW, THAT'S, THAT'S ANOTHER YEAR BEFORE, UH, THE WARNING.
SO THIS HAS TO BE SOMETHING THAT HAS AN IMPACT IMMEDIATELY.
AND SO WE'RE REALLY TALKING ABOUT THE IMPORTANCE OF THIS NUMBER.
IF WE PUT IT IN, AND I AM IN FAVOR OF PUTTING A NUMBER IN, BUT WE'RE REALLY LOOKING AT THE IMPORTANCE OF THIS AS A DETERRENT.
SO IN OTHER WORDS, WORD NEEDS TO GET OUT THAT, OKAY, IT'S 4TH OF JULY IS COMING AROUND THE CORNER.
BY THE WAY, REMEMBER, YOU CANNOT SET THESE THINGS OFF WITHIN THE CITY LIMITS, AND IT IS A BLANK FINE.
AND IF YOU SAY IT IS A $150 FINE, I GUARANTEE YOU THERE'S A CERTAIN NUMBER, CERTAIN AMOUNT OF OUR POPULATION THAT'S JUST GONNA GO RIGHT OVER THEIR HEAD AND THEY'RE GONNA FEEL ENTITLED TO DO WHATEVER THEY WANT.
THEY'RE GONNA SAY, AH, NO ONE'S GONNA KNOW, AND I, YOU KNOW, MY KIDS REALLY WANT TO DO IT OR WHATEVER, GO FOR IT.
SO I THINK IT NEEDS TO BE A MINIMUM.
UH, I THINK IT NEEDS TO BE SUBSTANTIAL ENOUGH THAT IT STANDS OUT FROM THE OTHER, UM, UH, MISDEMEANORS.
SO, UH, I, I DON'T GO ALL THIS AS FAR AS YOU SUGGESTED, UH, SCOTT, BUT, UM, I WOULD THINK SOMETHING IN THE TWO 50 TO 500 RANGE IS ABSOLUTELY, UM, UH, WORTHWHILE HERE.
UH, IT'S, UM, THIS IS NOT THE KIND OF THING THAT YOU'RE GONNA BE CAUGHT UNAWARES.
UH, AND WE NEED TO HAVE THIS AS A DETERRENT.
SO I WOULD, I WOULD'VE PROPOSE 250 SUPPORT THAT.
WELL, AGAIN, I JUST LIKE THE LAST ONE IN THE SUM IN A WAY.
WE'RE ASSUMING THAT PEOPLE ARE GONNA GET THE WORD THAT THIS IS WHAT'S HAPPENING.
UH, I, YOU KNOW, SHORT TERM RENTALS, THIS IS A VACATION RENTAL ISSUE TO ME IN SOME WAYS BECAUSE PEOPLE ARE HERE IN A, IN A HOME, UH, IT'S NOT GOING TO, I ASSUME, KURT, IT'S ON THE PERSON AND NOT ON THE HOMEOWNER WHERE IT TAKES PLACE.
SO, SO IT WOULD BE SOME GUEST WHO, YEAH.
I, I JUST HAVE A FEELING NO ONE'S GONNA ASK.
I THINK IT'S AN ISSUE WITH, ARE PEOPLE GOING TO BE AWARE? SO WILL IT BE A DETERRENT IF THEY DON'T EVEN KNOW THAT IT EXISTS? UH, UH, SO I DON'T WANNA IT TO BE TOO HIGH.
UH, I, I THINK TO START AND THEN LEAVE IT AT THE JUDGE'S DISCRETION TO GO UP FURTHER IS FINE.
AND AGAIN, LET'S SEE WHAT, IF ANYTHING ACTUALLY HAPPENS.
WHAT NUM WHAT NUMBER ARE YOU AT? WELL, I THINK ONE 50 IS A MINIMUM FOR SURE.
BUT, UM, BUT I WOULDN'T WANNA MAKE IT MORE THAN THAT, PARTICULARLY WITH THE JUDGE IS GONNA HAVE DISCRETION TO MAKE IT MORE THAN THAT 200 IS OKAY WITH ME.
KURT, YOU MENTIONED SOMETHING BEFORE.
WHAT ARE THE COURT COSTS ATTACHED TO EACH OF THESE? ARE WE TALKING ABOUT IT? DOES THAT BRING IT UP A LOT? OR THAT 50 BUCKS OR 10 BUCKS, OR? IT'S, IT'S, I THINK, SO IT'S SLIGHTLY MORE THAN 50 BUCKS, BUT LESS THAN 75.
SO IT'S NOT PICK WELL, IT DEPENDS ON THE PERSON, WHETHER IT'S, IT IS COST PROHIBITIVE, BUT, OKAY, THANK YOU.
I'D LIKE TO SUGGEST 50, EITHER 202 OR TWO 50.
I'M WILLING TO COME DOWN TO A MORE MANAGEABLE AS A, AS THE MINIMUM.
WELL, ARE YOU OKAY WITH 200? WHAT JT? UM, WELL, UM, I, I JUST WANTED TO COMMENT.
I I HEAR YOUR POINT ABOUT, UM, SOME PEOPLE MAY NOT KNOW.
UH, I THINK WHAT THIS DOES IS IT GIVES US SOMETHING THAT WE CAN USE TO INFORM THE PUBLIC.
SO, YOU KNOW, 4TH OF JULY IS COMING AROUND AND OUR PUBLIC RELATIONS DEPARTMENT, UH, YOU KNOW, PUTS THE WORD OUT.
WE GET A, A PRESS RELEASE IN THE NEWSPAPER.
UH, WE POST ON OUR, OUR SOCIAL MEDIA, WHATEVER.
AND IF, IF IT JUST SAYS A TOKEN AMOUNT, IT'S NOT, IT TELLS PEOPLE WHAT WE REALLY THINK IS THE IMPORTANCE OF IT.
[01:40:01]
THAT'S WHY I FAVOR SOMEWHAT OF A, A HIGHER AMOUNT.AND, UH, BUT IN ANY CASE, WHEN, YOU KNOW, A PR DEPARTMENT DOES THIS WORK, UH, YOU KNOW, AT THE END OF JUNE, WHICH I HOPE WILL HAPPEN, UH, I HOPE THEY SAY THAT IT IS A MINIMUM FINE OF X WHATEVER X IS, AND IT CAN BE AS HIGH AS $2,500 AND SIX MONTHS IN JAIL.
RIGHT? SO IT HAS SOME TEETH, UH, BUT I THINK THAT'S UP THAT'S ON US TO MAKE SURE THAT THE WORD GETS OUT.
AND IF PEOPLE DON'T READ THE PAPER AND THEY DON'T HAVE SOCIAL MEDIA AND THEY DON'T BELIEVE OR WHATEVER, THEN WE DID OUR PART.
UH, I'M, I, I THINK I'D LIKE TO STICK WITH TWO 50.
SO ARE YOU READY FOR A MOTION? TOM, WHERE ARE YOU? TWO FIFTY'S FINE.
OKAY, I MOVE TO APPROVE RESOLUTION NUMBER 20 22, 33 33, ESTABLISHING AS A PUBLIC RECORD THE PROPOSED AMENDMENT TO SEDONA CITY CODE CHAPTER 8.550 ENTITLED 2022 AMENDMENTS TO SEDONA CITY CODE CHAPTER 8.50 PROHIBITION ON USE OF FIREWORKS IN CITY LIMITS AS AMENDED TO INCLUDE A MINIMUM $250 FINE.
SECOND, MOVED BY C COUNCIL WILLIAMS, AND SECOND BY COUNSELOR THOMPSON.
FIRST READING, ORDINANCE NUMBER 2022 DASH 10, AN ORDINANCE OF THE CITY OF SEDONA, ARIZONA, ADOPTING AN AMENDMENT TO THE CITY CODE CHAPTER 8.5 PROHIBITION ON THE USE OF FIREWORKS AND CITY LIMITS, PROVIDING FOR PENALTIES, A SAVINGS CLAUSE, AND FOR REPEAL OF CONFLICTING ORDINANCES, I MOVE TO ADOPT ORDINANCE NUMBER 2022 DASH 10, AN ORDINANCE OF THE MAYOR AND CITY OF THE CITY OF SEDONA AND MAYOR AND COUNCIL OF THE CITY OF SEDONA, ARIZONA, ADOPTING AMENDMENTS TO THE SEDONA CITY CODE CHAPTER 8.50.
PROHIBITION ON USE OF FIREWORKS IN CITY LIMITS.
START, CAN WE AS, AS, AS AMENDED BY ADDING A $250 MINIMUM FINE.
COUNCIL WILLIAMSON SECOND BY COUNSELOR THOMPSON.
ALL OPPOSE? NO MOTION CARRIES UNANIMOUSLY.
I JUST WANNA SAY, DON'T THINK THAT BECAUSE WE'RE GONNA DO OUR BEST TO GET THE WORD OUT.
UM, SO, SO I DO THINK IN THIS CASE, ANYBODY WHO'S LISTENING TO, WHO OWNS A VACATION RENTAL, AND IT'S A WHOLE HOUSE RENTAL, PLEASE ON THOSE DATES, INFORM YOUR TENANTS AS SOON AS THEY RESERVE THAT THIS IS IN FORCE.
OKAY, WE'RE GONNA MOVE ON TO THE NEXT ITEM, ITEM EIGHT C REPORTS, DISCUSSION REGARDING COUNSEL ASSIGNMENTS.
ANYBODY HAVE ANYTHING? I'M NOT SEEING ANYTHING.
[8.d. Discussion regarding ideas for future meeting/agenda items.]
NEXT ITEM IS ITEM D, DISCUSSION REGARDING IDEAS FOR FUTURE MEETING AGENDA ITEMS. I HAD SOMETHING AND I FORGOT WHAT IT WAS.SO, UH, THANK, UH, THANK YOU MAYOR.
I, I WOULD LIKE TO, UH, ADD FOR OUR NEXT MEETING THAT WE, UH, CONSIDER THE STIPEND, THE ANNUAL STIPEND FOR THE MAYOR, UH, AND COUNSELORS.
UM, WE'LL HAVE SOME, UM, UH, FACTS AND FIGURES ON WHAT IT IS IN THE STATEWIDE AND IN VERDE VALLEY.
WE CAN COMPARE AND, UH, TO HAVE A DISCUSSION AS TO WHETHER THEY, IT'S A TIME FOR IT, IT TO BE AMENDED.
I'D LIKE TO ASK A CLARIFICATION.
DOES IT HAVE TO BE AT THE NEXT MEETING? I THINK IT'S EVERYBODY AGENDA, ACTUALLY.
WELL, I WOULD SUPPORT THE A, THAT ITEM.
I MEAN, I WOULD JUST LIKE TO CLARIFICATION.
I CAN EXPLAIN, I CAN EXPLAIN, UM, THE MAYOR AND, UH, TOM AND I HAVE DISCUSSED THIS.
WE SHARED THAT WITH KAREN TO ASK IF THERE WAS, UH, ANY PROBLEM WITH STAFF.
AND SHE INDICATED THAT THERE WAS NO PROBLEM WITH HAVING STAFF READY FOR THIS.
WE'LL BE PREPARED TO BOTH HAVE AN ORDINANCE READY IF COUNSEL DOES WANNA TAKE ACTION ON THAT ITEM.
I WAS JUST CONFUSED BY THE PROCESS HERE.
[10. Adjournment]
OBJECTION, WE'RE ADJOURNED.