FINAL AGENDA
| REGULAR COUNCIL MEETING TUESDAY MAY 7, 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.
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: City Council Regular Meeting of April 16, 2013; City Council Combined Special Meeting/Budget Work Session of April 24-26, 2013; City Council Special Meeting (Executive Session) of April 30, 2013, and Combined Special Meeting/Work Session of April 30, 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).
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).
A.
Consideration of Appointments: Disability Awareness Commission.
RECOMMENDED ACTION:
Make one appointment to a term expiring March 2014.
Make one appointment to a term expiring March 2016.
Make one appointment to a term expiring March 2016.
B.
Consideration of Appointments: Sustainability Commission.
RECOMMENDED ACTION:
Make two appointments to terms expiring October 2014.
C.
Consideration of Appointments: Open Space Commission.
RECOMMENDED ACTION:
Make one Real Estate appointment to a term expiring April 2016.
Make one Natural and Cultural Science appointment to a term expiring April 2015.
Make one At-Large appointment to a term expiring April 2016.
Make one Natural and Cultural Science appointment to a term expiring April 2015.
Make one At-Large appointment to a term expiring April 2016.
8.
LIQUOR LICENSE PUBLIC HEARINGS
A.
Consideration and Action on Liquor License Application: John Kennelly, Historic Brewing Company, 4366 E. Huntington Dr., Suite A, Series 03, New License.
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.
B.
Consideration and Action on Liquor License Application: Ray Morrissey, "Mr. Smokes", 2126 N. 4th St., Series 10 (beer and wine store), New License.
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.
C.
Consideration and Action on Liquor License Application: Michael Funk, "Firecreek", 22 E. Route 66, Series 07, Person 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.
D.
Consideration and Action on Liquor License Application: Randy Nations, "San Felipe's", 103 N. Leroux, Series 06 (bar- all spirituous liquor), Person 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.
A.
Consideration and Approval of Construction Manager at Risk Contract: Street Maintenance Program 2013
RECOMMENDED ACTION:
-
1) Approve the Construction Manager at Risk Contract with C and E Paving and Grading, LLC in an amount not to exceed $943,788.00.
2) Authorize Change Order Authority in the amount of $200,000.00 to cover costs to re-surface seven Parks parking lots anticipated in FY 2014, or potential costs associated with unanticipated or additional items of work.
3) Authorize the City Manager to execute the necessary documents.
B.
Consideration and Approval of Construction Manager at Risk Design Phase Contract: Westplex Taxi Lanes Reconstruction Project.
RECOMMENDED ACTION:
1) Award the Construction Manager at Risk Contract with Banicki Construction in an amount not to exceed $20,296.10, subject to approval by the Federal Aviation Administration (FAA) and ADOT Multi-Modal.
2) Authorize Change Order Authority of $1,014.81 (5%) to cover potential costs associated with unanticipated or additional items of work.
3) Authorize the City Manager to execute the necessary documents.
2) Authorize Change Order Authority of $1,014.81 (5%) to cover potential costs associated with unanticipated or additional items of work.
3) Authorize the City Manager to execute the necessary documents.
C.
Consideration and Approval of Service Agreement: Supplemental Agreement No.2, Pulliam Airport Master Plan Improvements, Construction Services for the Westplex Taxilanes Reconstruction Project.
RECOMMENDED ACTION:
1) Approve Supplemental Agreement Number 2 with Kimley-Horn and Associates, Inc. in the amount of $421,369.00 subject to acceptance of a grant from the Federal Aviation Administration and the Arizona Department of Transportation, Multimodal Planning Division, Aeronautics.
2) Authorize the City Manager to execute the necessary documents.
2) Authorize the City Manager to execute the necessary documents.
D.
Consideration and Approval of Construction Contract: Butler Avenue Median Improvements Project (Phase 3).
RECOMMENDED ACTION:
1) Approve the construction contract with RTR Paving and Resurfacing, LLC. in the amount of $373,896.50 including a $37,000 contract allowance and a contract time of 105 calendar days;
2) Approve Change Order Authority in the amount of $33,690.00 (10% of contract amount, less the allowance) for potential costs associated with unanticipated items of work; and
3) Authorize the City Manager to execute the necessary documents.
2) Approve Change Order Authority in the amount of $33,690.00 (10% of contract amount, less the allowance) for potential costs associated with unanticipated items of work; and
3) Authorize the City Manager to execute the necessary documents.
E.
Consideration and Approval of Amendment to Lease Agreement: Amendment to the Lease Agreement with Boys and Girls Club for the Cogdill Recreation Center.
RECOMMENDED ACTION:
Adopt the amendments to the Cogdill recreation Center lease Agreement.
10.
ROUTINE ITEMS
A.
Consideration and Approval of Street Closure(s): NACo (WIR) Western Interstate Regional Conference and
Consideration of Alcohol Service on Heritage Square: NACo (WIR) Western Interstate Regional Conference
RECOMMENDED ACTION:
1) Approve the street closure at Aspen Ave between San Francisco and Leroux on Wednesday, May 22, 2013, from 2:30pm-8pm.
2) Approve the serving of alcohol on Heritage Square: 5:30pm-8pm.
2) Approve the serving of alcohol on Heritage Square: 5:30pm-8pm.
B.
Consideration and Approval of Intergovernmental Agreement: Master Intergovernmental Agreement between the City of Flagstaff (City), Coconino County (County) , Northern Arizona University (NAU), and the Coconino County Community College District (CCC) for the support of the Northern Arizona Intergovernmental Public Transit Authority (NAIPTA).
RECOMMENDED ACTION:
Consider and approve the Amended and Restated Master Intergovernmental Agreement (IGA).
C.
Consideration and Adoption of Ordinance No. 2013-10: An ordinance of the City Council of the City of Flagstaff approving the form and authorizing the execution and delivery of an Equipment Lease/Purchase Agreement for Renewable Energy Equipment; delegating authority to the Management Services Director of the City to determine certain matters and terms with respect to the foregoing; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this ordinance; and authorizing clerical corrections.
RECOMMENDED ACTION:
1) Read Ordinance No. 2013-10 by title only for the first time on May 7, 2013.
2) City Clerk reads Ordinance No. 2013-10 by title only (if approved above)
3) Read Ordinance No. 2013 -10 by title only for the final time on May 7, 2013. (This requires a unanimous vote of the Council members present. City Charter, Article VII, Section 6)
4) City Clerk reads Ordinance No. 2013-10 by title only for the final time (if approved above)
5) City Council makes a finding that an emergency exists.
6) Adopt Ordinance No. 2013-10 on May 7, 2013 (Requires six affirmative votes because of the emergency clause)
2) City Clerk reads Ordinance No. 2013-10 by title only (if approved above)
3) Read Ordinance No. 2013 -10 by title only for the final time on May 7, 2013. (This requires a unanimous vote of the Council members present. City Charter, Article VII, Section 6)
4) City Clerk reads Ordinance No. 2013-10 by title only for the final time (if approved above)
5) City Council makes a finding that an emergency exists.
6) Adopt Ordinance No. 2013-10 on May 7, 2013 (Requires six affirmative votes because of the emergency clause)
D.
Consideration and Approval of Ordinance 2013-07 authorizing the trade of City-Owned Property: If approved, Ordinance 2013-07 will authorize the trade of city-owned land. Parcel number 104-01-007, which is located at the Southwest corner of Elden Street and Butler Avenue, will be combined with the parcel to the South of it for development purposes. The City will receive an improved parcel for the community land trust program from the six unit subdivision created through the trade.
RECOMMENDED ACTION:
Should the Council wish to move forward with this exchange:
1) Read Ordinance No. 2013-07 by title only for the final time
2) City Clerk reads Ordinance No. 2013-07 by title only (if approved above)
3) Adopt Ordinance No. 2013-07
1) Read Ordinance No. 2013-07 by title only for the final time
2) City Clerk reads Ordinance No. 2013-07 by title only (if approved above)
3) Adopt Ordinance No. 2013-07
E.
Consideration and Adoption of Ordinance No. 2013-09: An Ordinance adopting that Public Document entitled
2013 Addendum 5 of the Flagstaff Employee Handbook Regulations by
reference.
RECOMMENDED ACTION:
1) Read Ordinance No. 2013-09 by title only for the final time
2) City Clerk reads Ordinance No. 2013-09 (if approved above)
3) Adopt Ordinance No. 2013-09
2) City Clerk reads Ordinance No. 2013-09 (if approved above)
3) Adopt Ordinance No. 2013-09
F.
Consideration and Approval of Purchase Under National Intergovernmental Purchasing Alliance Contract: Purchase one (1) Four Wheel Drive Backhoe Loader with Attachments.
RECOMMENDED ACTION:
Purchase (replace) one (1) four wheel drive backhoe loader with attachments - 420F Backhoe Loader from Empire Caterpillar Equipment of Flagstaff, Arizona in the amount of $103,037.00 plus tax and added fees for a replacement of the Water Distribution Section's 1991 John Deere 510D backhoe loader with attachments.
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.
Presentation:
National Tourism Week.
B.
Presentation:
Vision Flagstaff.
C.
Consideration of Proposals: New Municipal Court Building.
RECOMMENDED ACTION:
Reject all proposals as submitted for Request for Proposals (RFP) 2012-14, property and design-build construction for a new municipal court building
D.
Consideration and Approval of Settlement and Release Agreement:
Canyon Del Rio.
RECOMMENDED ACTION:
Approve the Settlement and Release Agreement between the Canyon Del Rio Investors, LLC and the City of Flagstaff, AZ, authorize the City Manager to sign the Agreement and any other necessary and appropriate documents; and authorize staff to take other actions as needed to further the Council direction.
E.
City Comment on US Forest Service Proposed Action - Flagstaff Watershed Protection Project.
RECOMMENDED ACTION:
Approve and submit an official public comment regarding the Proposed Action for the Flagstaff Watershed Protection Project.
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 |