FINAL AGENDA
A M E N D E D*
A M E N D E D*
| REGULAR COUNCIL MEETING TUESDAY APRIL 2, 2013 |
COUNCIL CHAMBERS 211 WEST ASPEN AVENUE 4:00 P.M. AND 6:00 P.M. |
4:00 P.M. MEETING
Individual Items on the 4:00 p.m. meeting agenda may be postponed to the
6:00 p.m. meeting.
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 NABOURS VICE MAYOR EVANS COUNCILMEMBER BAROTZ COUNCILMEMBER BREWSTER |
COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER WOODSON |
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 of its citizens.
4.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
A.
Consideration and Approval of Minutes: Flagstaff City Council Regular Meeting of March 19, 2013; Special Meeting of March 26, 2013; and Joint Special Meeting/Work Session of March 26, 2013.
RECOMMENDED ACTION:
Amend/Approve the minutes of the Flagstaff City Council Regular Meeting of March 19, 2013; Special Meeting of March 26, 2013; and Joint Special Meeting/Work Session of March 26, 2013.
5.
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.
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.
6.
PROCLAMATIONS AND RECOGNITIONS
None
None
7.
APPOINTMENTS
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 the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1).
None
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 the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1).
None
8.
LIQUOR LICENSE PUBLIC HEARINGS
A.
Consideration and Action on Liquor License Application: Randy Guse, "Walgreens #15206", 2610 E. Route 66, Series 09 (liquor store - all spirituous liquor), Location Transfer.
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 no recommendation; or
(3) Forward the application to the State with a recommendation for denial based on the testimony received at the public hearing and/or other factors.
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 no recommendation; or
(3) Forward the application to the State with a recommendation for denial based on the testimony received at the public hearing and/or other factors.
9.
CONSENT ITEMS
All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items.
All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items.
A.
Consideration and Approval of Amendment: Consideration of a Joint Letter of Renewal/Amendment One with the Arizona Department of Transportation, Intermodal Transportation Division for the Data Access/Exchange Agreement.
RECOMMENDED ACTION:
-
Approve Joint Letter of Renewal/Amendment One to JPA/IGA 2009-247 for the period of 12/10/2012 to 12/09/2017 as presented.
B.
Consideration of Purchase of Services: Installation of "Nova' ProBounce" monolithic overlay system over the existing tennis (1) and basketball (1) courts at Cheshire Park, located at 3000 N. Fremont Boulevard, west of Ft. Valley Road.
RECOMMENDED ACTION:
Authorize the purchase of services from sole source provider, General Acrylics, for the installation of the Nova' ProBounce monolithic overlay system for the repair and long-term maintenance of the existing tennis (1) and basketball (1) courts at Cheshire Park for the sum of $89,280.00.
C.
Consideration and Approval of Legal Services Contract: Contract for Legal Services with the law firm of Holmes Wright Hyde & Hays PLC, for the purpose of collecting unpaid transaction privilege taxes (sales taxes) from specific on-line travel companies.
RECOMMENDED ACTION:
-
Motion to approve a Contract for Legal Services with Holm Wright Hyde & Hays PLC for collection of unpaid sales taxes on a contingency fee basis, including authority for litigation on behalf of the City.
10.
ROUTINE ITEMS
A.
Consideration and Approval of Purchase under Maricopa County Contract: Aerial Photography and Digital Terrain Model (DTM) Acquisition.
RECOMMENDED ACTION:
-
Approve the purchase under Maricopa County Contract Aerial Imaging services in the amount of $98,188.30. Please see Page 2 (Key Considerations) for further discussion on possible motions.
B.
Consideration of Appointments: On-Call Judges for the Flagstaff Municipal Court.
RECOMMENDED ACTION:
Approve the appointment as recommended by Hon. Thomas L. Chotena, Presiding Magistrate of the Flagstaff Municipal Court.
C.
Consideration and Approval of Financing: Capital Financing for Solar Photovoltaic Systems
RECOMMENDED ACTION:
-
Consider awarding a contract to Banc of America Public Capital under RFP No. 2013-24 to authorize capital financing for the installation of up to four (4) solar photovoltaic electric energy generating systems on City property including the Airport, Aquaplex, Rio de Flag Wastewater Treatment Facility, and Wildcat Wastewater Treatment Facility.
D.
Consideration of Resolution No. 2013-05: Approval of the City of Flagstaff Housing Authority's Annual Plan
RECOMMENDED ACTION:
1) Read Resolution No. 2013-05 by title only
2) City Clerk reads Resolution No. 2013-05 (if approved above)
3) Adopt Resolution 2013-05
2) City Clerk reads Resolution No. 2013-05 (if approved above)
3) Adopt Resolution 2013-05
E.
Authorization for Legal Action: Against American Contractor's Indemnity Company (ACIC) to enforce the provisions of the Presidio in the Pines landscaping bond.
RECOMMENDED ACTION:
Authorize the Interim City Attorney to bring a legal action against American Contractor's Indemnity Company (ACIC) to enforce the provisions of the Presidio in the Pines landscaping bond.
F.
Consideration and Approval of Agreement: With State of Arizona (Forestry and Land Board) for Flagstaff Watershed Protection Project (FWPP).
RECOMMENDED ACTION:
-
Approve the Agreement, to include signature of Mayor.
G.
Consideration and Approval of Agreement: With Greater Flagstaff Forests Partnership (GFFP) for Flagstaff Watershed Protection Project (FWPP).
RECOMMENDED ACTION:
-
Approve the Scope of Work Amendment to the existing City-GFFP Professional Forest Restoration Initiative Services Agreement (July 1, 2011), including the attached Amendment Work Plan - FY13, to include signature by the City Manager.
H.
Consideration / Adoption of Ordinance No. 2013-02: An ordinance amending the Flagstaff City Code, Title 3,
Business Regulations, Chapter 3-05,
Privilege and Excise Taxes, Division 3-05-004,
Privilege Taxes, by amending Section 3-05-004-0430
Timbering and Other Extraction, by deleting a tax exemption for felling, producing or preparing timber for sale or commercial use; amending Section 3-05-004-0475,
Transporting for Hire, by deleting tax exemptions related to transporting by motor vehicle outside the City, towing and transportation by railroad, all in an effort to achieve a more uniform Model City Tax Code; and amending Section 3-05-006-0600,
Termination, Approval and Authority to Amend Chapter, by making clerical revisions to clarify the history of tax code changes; providing for penalties, repeal of conflicting ordinances, severability, authority for clerical corrections, and establishing an effective date.
RECOMMENDED ACTION:
1) Read Ordinance No. 2013-02 by title only for the final time on April 2, 2013
2) City Clerk reads Ordinance No. 2013-02 by title only for the final time (if approved above)
3) Adopt Ordinance No. 2013-02
2) City Clerk reads Ordinance No. 2013-02 by title only for the final time (if approved above)
3) Adopt Ordinance No. 2013-02
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).
11.
ROLL CALL
| NOTE: | One or more Councilmembers may be in attendance telephonically or by other technological means. |
| MAYOR NABOURS VICE MAYOR EVANS COUNCILMEMBER BAROTZ COUNCILMEMBER BREWSTER |
COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER WOODSON |
12.
CARRY OVER ITEMS FROM THE 4:00 P.M. AGENDA
13.
PUBLIC HEARING ITEMS
None
None
14.
REGULAR AGENDA
A.
Consideration and Approval of Intergovernmental Agreement with Arizona State Parks: The purpose of the Intergovernmental Agreement with Arizona State Parks is to outline mutual responsibilities in implementing the Arizona Site Steward Program at Picture Canyon.
RECOMMENDED ACTION:
-
Approve the Intergovernmental Agreement (IGA) with Arizona State Parks to implement the Arizona Site Steward Program at Picture Canyon.
B.
Discussion: Ordinance No. 2013-09 and Resolution No. 2013-08 - A resolution declaring the
2013 Addendum 5 of the Flagstaff Employee Handbook of Regulations a Public Document, and an Ordinance adopting said Public Document by reference.
RECOMMENDED ACTION:
Discuss the documents on April 2, 2013.
C.
Discussion: Rio de Flag Path Forward.
RECOMMENDED ACTION:
Council direction.
D.
*Presentation on Observatory Mesa Growing Smarter Grant Application
15.
DISCUSSION ITEMS
None
None
16.
PUBLIC PARTICIPATION
17.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS FOR FUTURE AGENDA ITEMS
18.
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 _________________, 2013. ____________________________________ Elizabeth A. Burke, MMC, City Clerk |