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Agenda for City Council Meeting - FINAL

FINAL AGENDA
 
REGULAR COUNCIL MEETING
TUESDAY
JUNE 4, 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
.
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 Special Work Session of May 20, 2013; Regular Meeting of May 21, 2013; Special Meeting of May 28, 2013 (Executive Session); and Work Session of May 28, 2013.
 
RECOMMENDED ACTION:
 
Approve/amend the minutes of the Flagstaff City Council Special Work Session of May 20, 2013; Regular Meeting of May 21, 2013; Special Meeting of May 28, 2013 (Executive Session); and Work Session of May 28, 2013.
 
5.
PUBLIC PARTICIPATION

Public Participation enables the public to address the Council about an item that is not on the agenda (or is listed under Possible Future Agenda Items). 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
 
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
 
8.
LIQUOR LICENSE PUBLIC HEARINGS
 
A.
Consideration and Action on Liquor License Application:  Andrea Lewkowitz, "The McMillan", 2 W. Route 66,  Series 06 (bar- all spirituous liquor), Person and 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.
 
B.
Consideration and Action on Liquor License Application:  Dorian Lenz, "Cheba Hut", 1411 S. Milton Rd., Series 12 (restaurant), 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.
 
C.
Consideration and Action on Liquor License Application:  Navayogasingam Thuraisingam, "Modern Grove", 1020 S. Milton Rd., Suite 102, Series 12 (restaurant), 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.
 
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 Contracts:  Custodial Services Contracts.
 
RECOMMENDED ACTION:
 
1) Acceptance of the proposals (listed below) for custodial services under RFP No. 2013-23. 
- Accurate Building Maintenance, LLC [seven (7) facilities]
- Carnation Building Service, Inc. [eight (8) facilities]
- Twilight Janitorial Service, Inc. [four (4) facilities]
2) Provide the Purchasing Director the authority to add or delete facilities as necessary during the term of the agreement.
 
B.
Consideration and Approval to enter into a property management agreement for the Lease of City-Owned Property:  Located at 311 W. Cherry Avenue.
 
RECOMMENDED ACTION:
 
Authorize staff to enter into an Agreement with Core Realty for property management and leasing services of a City-owned property located at 311 W. Cherry, Flagstaff, Arizona.
 
C.
Consideration and Approval of a Contract: Pre-Hospital Care Emergency Service Agreement with Flagstaff Medical Center.
 
RECOMMENDED ACTION:
 
    Consider an Agreement with Flagstaff Medical Center in the amount of $6,500 for Medical Direction of Flagstaff Fire Department Paramedics and Advance Life Support drug box rental.
 
D.
Consideration and Approval of Construction Manager at Risk Contract:   Westplex Taxi Lanes Reconstruction Project at Pulliam Airport.
 
RECOMMENDED ACTION:
 
1) Approve the Construction Manager at Risk Contract with J. Banicki Construction, Inc. in an amount not to exceed $4,556,796.16 for Guaranteed Maximum Price (GMP) # 1, contingent upon receipt of the grants from the Federal Aviation Administration and ADOT Multi-Modal and subsequently a grant offer which will be on a future agenda.
2)  Authorize Change Order Authority of 5% in the amount of $ 227,839.81 to cover potential costs associated with unanticipated or additional items of work.
3)  Authorize the City Manager to execute the necessary documents contingent upon receipt of the above-mentioned grants.
 
E.
Consideration and Approval of Construction Contract:  La Plaza Vieja 2010 Bond Project.
 
RECOMMENDED ACTION:
 
1) Award the construction contract to LP's Excavating, Inc. of Williams, Arizona in the total award amount of $1,741,893.15, which includes $80,000.00 in contract allowance.  The contract period is 150 calendar days; and
2) Authorize Change Order Authority to the City Manager in the amount of $166,000.00 (10% of the bid contract amount, less contract allowance) for unanticipated additional costs; and 
3) Authorize the City Manager to execute the necessary documents. 
 
F.
Consideration and Approval of Consulting Contract: Red Gap Ranch Water Resources Environmental Assessment.
 
RECOMMENDED ACTION:
 
    Approve a Contract with Southwest Ground-water Consultants, Inc. to provide professional consulting services for a not-to-exceed amount of $276,210.
 
G.
Consideration of Construction Manager at Risk Contract: Street Maintenance Program 2013: Cedar Avenue 2010 Bond Improvements.
 
RECOMMENDED ACTION:
 
    1) Award Guaranteed Maximum Price Contract #4 (GMP #4) to the Construction Manager at Risk (CMAR) Contract with C and E Paving and Grading, LLC in an amount of $941,672.30.  The contract period is 60 calendar days; and
     2) Authorize the City Manager to execute the necessary documents. 
 
H.
Consideration and Approval of Grant Agreements:  Arizona Deparartment of Homeland Security Subgrantee Agreements for the FFY 2010 and FFY 2011 Homeland Security Grant Program. 
 
RECOMMENDED ACTION:
 
Approve the FFY 2011 and FFY 2010 Reallocation Subgrantee Agreement(s) with the AZ Department of Homeland Security (AZDOHS) for grant funds for the Fire Department Special Operations Team Personal Protective Gear in the amount of $5,824, and for the Police Department Portable Radios in the amount of $10,978.81, and Gas Masks and Replacement Filters in the amount of $5,464.54.
 
10.
ROUTINE ITEMS
 
A.
Consideration of Marketing, RFP and Potential Sale of City-owned Property: Fire Station No. 7 (west of Milton, south of Butler) APN's 103-06-019, 103-06-017A, 103-06-018A, 103-06-003B consisting of a total of 1.52 acres.
 
RECOMMENDED ACTION:
 
Authorize the City Manager and designated staff to market, issue a RFP and to accept proposals for  purchase of Fire Station No. 7, located within the City limits.
 
B.
Consideration of a Resolution No. 2013-06: Abandoning a portion of a public ingress and egress easement located at Pulliam Airport Airpark, a part of Track 5B near Shamrell Blvd.
 
RECOMMENDED ACTION:
 
1) Read Resolution No. 2013-06 by title only
2) City Clerk reads Resolution No. 2013-06 (if approved above)
3) Adopt Resolution No. 2013-06
 
C.
Consideration and Adoption of Resolution No. 2013-15:  A resolution of the City Council of the City of Flagstaff repealing Resolution No. 2013-02 adopted March 5, 2013, designating the "2013 City of Flagstaff Parks and Recreation Organizational Master Plan" as a Public Record and adopting the 2013 City of Flagstaff Parks and Recreation Organizational Master Plan.  
 
RECOMMENDED ACTION:
 
1) Read Resolution No. 2013-15 by title only
2) City Clerk reads Resolution No. 2013-15 by title only (if approved above)
3) Adopt Resolution No. 2013-15
 
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
 
14.
REGULAR AGENDA
 
A.
Consideration and Possible Adoption of Resolution No. 2013-12:  Arizona State Parks FY 2013 Growing Smarter Grant Application.
 
RECOMMENDED ACTION:
 
1) Read Resolution No. 2013-12 by title only
2) City Clerk reads Resolution No. 2013-12 by title only (if approved above)
3) Adopt Resolution No. 2013-12
 
B.
Consideration and Approval/Denial of Real Estate Purchase and Sale Agreement:  Approve the Real Estate Purchase and Sale Agreement between the City of Flagstaff and Evergreen Devco, Inc. for the sale of approximately 33.5 acres of property consisting of three (3) parcels located at the southeast and southwest corners of the intersection of Fourth Street and Route 66, and the northwest corner of Fourth Street and Huntington Drive adjacent to the Fourth Street overpass.
 
RECOMMENDED ACTION:
 
    Approve/deny the Real Estate Purchase and Sale Agreement between the City of Flagstaff and Evergreen Devco, Inc.; and, authorize the City Manager to execute all necessary documents to fulfill the intent of this Purchase and Sale Agreement.
 
C.
Consideration and Adoption of Resolution No. 2013-13:  A resolution of the Council of the City of Flagstaff, Arizona adopting the tentative estimates of the amounts required for the public expense for the City of Flagstaff for Fiscal Year 2013-2014; adopting a Tentative Budget; setting for the receipts and expenditures; the amount proposed to be raised by direct property taxation; giving notice of the time for hearing taxpayers, for adopting of Budget and for fixing the tax levies.
 
RECOMMENDED ACTION:
 
1) Read Resolution No. 2013-13  by title only
2) City Clerk reads Resolution No. 2013-13 by title only (if approved above)
3) Adopt Resolution No. 2013-13
 
D.
Consideration and Adoption of Ordinance No. 2013-12:  An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the "2012 International Family of Codes, and the 2013 Amendments to City Code, Title 4, Building Regulations, and the ICC A117.1 Accessible and Usable Buildings and Facilities Standard, 2009 Edition" by reference and fixing the effective date thereof; repealing all sections of said code in conflict with this ordinance; preserving rights and duties that have already matured and proceedings that have already begun thereunder and providing penalties for the violation thereof.
 
RECOMMENDED ACTION:
 
1) Read Ordinance No. 2013-12 by title only for the first time.
2) City Clerk reads Ordinance No. 2013-12 by title only (if approved above).
 
E.
Consideration and Approval of Consulting Agreement: With True Life Companies (TLC) D.B.A. Pine Canyon regarding change to zoning condition and disposition of fees.
 
RECOMMENDED ACTION:
 
    Approve the Agreement between TLC PC Infrastructure, LLC and the City of Flagstaff, AZ and 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.
 
F.
Consideration of Changing August City Council Meeting Date: Tuesday, August 27, 2013, to Monday, August 26, 2013.
 
RECOMMENDED ACTION:
 
Authorize staff to move the August 27, 2013, Council Meeting to August 26, 2013.
 
15.
DISCUSSION ITEMS

None
 
16.
POSSIBLE FUTURE AGENDA ITEMS

Verbal comments from the public on any item under this section must be given during Public Participation (#5) near the beginning of the meeting. Written comments may be submitted to the City Clerk. After discussion and upon agreement of three members of the Council, an item will be moved to a regularly-scheduled Council meeting.

None
 
17.
PUBLIC PARTICIPATION
 
18.
INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS FOR FUTURE AGENDA ITEMS
 
19.
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