FINAL AGENDA - *A M E N D E D
| REGULAR COUNCIL MEETING TUESDAY JULY 16, 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: City Council Work Session of June 25, 2013; the Regular Council Meeting of July 2, 2013; the Special Meeting (Executive Session) of July 9, 2013; and the Combined Special Meeting/Work Session of July 9, 2013.
RECOMMENDED ACTION:
Amend/approve the minutes of the City Council Work Session of June 25, 2013; the Regular Council Meeting of July 2, 2013; the Special Meeting (Executive Session) of July 9, 2013; and the Combined Special Meeting/Work Session of July 9, 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.
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
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: Magistrates and Presiding Magistrate for the Flagstaff Municipal Court.
RECOMMENDED ACTION:
Approve the appointments of Michael Araujo as Magistrate, Charlotte Beyal as Magistrate and Thomas L. Chotena as Presiding Magistrate, with all compensation increases and benefits to be the same as other City employees.
8.
LIQUOR LICENSE PUBLIC HEARINGS
A.
Consideration and Action on Liquor License Application: Randy Nations, "Sprouts Farmers Market #26", 1540 Riordan Ranch St., Series 10S (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.
B.
Consideration and Action on Liquor License Application: Randy Nations, "The Museum Club", 3404 E. Route 66, 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 Contract:
Route 66 Waterline Woody Mountain Rd. to McAllister Ranch.
RECOMMENDED ACTION:
1) Approve the construction contract with CLM Earthmovers in the amount of $305,965.00 which includes a $40,500 contract allowance and a 90 calendar day contract time;
2) Approve change order authority to the City Manager in the amount of $26,547.00 (10% of the contract amount, less allowance) to cover potential costs associated with unanticipated items of work; and
3) Authorize the City Manager to execute the necessary documents.
2) Approve change order authority to the City Manager in the amount of $26,547.00 (10% of the contract amount, less allowance) to cover potential costs associated with unanticipated items of work; and
3) Authorize the City Manager to execute the necessary documents.
B.
*Consideration and Approval of Settlement Agreement: Fred Nackard Land Co, et al v. City of Flagstaff.
RECOMMENDED ACTION:
Approve Settlement Agreement with Fred Nackard Land Company, et al, as previously discussed in Executive Sessions on April 9, 2013 and July 9, 2013.
10.
ROUTINE ITEMS
A.
Consideration and Adoption of Ordinance No. 2013-16: An ordinance authorizing the sale of two access easements that encumber a portion of parcel 109-02-001P and benefit parcel 109-05-081A currently owned by Cedar West Capital LLC.
RECOMMENDED ACTION:
1) Read Ordinance No. 2013-16 by title only for the final time
2) City Clerk reads Ordinance No. 2013-16 by title only for the final time (if approved above)
3) Adopt Ordinance No. 2013-16
2) City Clerk reads Ordinance No. 2013-16 by title only for the final time (if approved above)
3) Adopt Ordinance No. 2013-16
B.
Consideration and Adoption of Resolution No. 2013-18: abandonment of a portion of a Vehicular No Access Easement located along the north side of Churchill Dr. on Lot 121 of the Aspen Place at the Sawmill subdivision.
RECOMMENDED ACTION:
1) Read Resolution No. 2013-18 by title only
2) City Clerk reads Resolution No. 2013-18 by title only (if approved above)
3) Adopt Resolution No. 2013-18
2) City Clerk reads Resolution No. 2013-18 by title only (if approved above)
3) Adopt Resolution No. 2013-18
C.
Consideration and Approval of an Intergovernmental Agreement: Between the City of Flagstaff and Northern Arizona University (NAU) for finanical contribution to the Innovation Mesa Business Accelerator Project.
RECOMMENDED ACTION:
-
Approve the Intergovernmental Agreement (IGA) with NAU for the Innovation Mesa Business Accelerator Project in the amount of $1,100,000 ($1,000,000 for project construction / $100,000 for operating expenses).
D.
Consideration and Approval of Consulting Contract: Innovation Mesa Business Accelerator and Emergency Operations Center.
RECOMMENDED ACTION:
-
1) Award the Architectural and Engineering Design Professional Services Contract to APMI, Inc. of Scottsdale, Arizona in an amount not to exceed $604,071, including a $40,000 contract allowance and a 775 calendar day contract period; and
2) Approve Change Order Authority to the City Manager in the amount of $55,000 (10% of contract amount excluding allowance) for unanticipated or additional items of work; and
3) Authorize the City Manager to execute the necessary documents.
E.
Consideration and Adoption of Resolution 2013-17: A resolution of the City Council of the City of Flagstaff, Arizona, granting a public utility easement to Arizona Public Service Company in Coconino County located at the intersection of Highway 89A and Fairgrounds Road, as more particularly described and depicted in the attachments appended to the staff summary.
RECOMMENDED ACTION:
1) Read Resolution No. 2013-17 by title only
2) City Clerk reads Resolution No. 2013-17 by title only (if approved above)
3) Adopt Resolution No. 2013-17
2) City Clerk reads Resolution No. 2013-17 by title only (if approved above)
3) Adopt Resolution No. 2013-17
F.
Consideration and Adoption of Ordinance No. 2013-15: Authorizing the transfer of City-owned property to the State of Arizona in accordance with the Purchase Agreement for APN 116-13-001C (Tract No. 1 in Warranty Deed - full taking) and APN 116-13-001D (Tract No. 2 Parcel 1 and 2 - partial taking), located adjacent to existing Beulah Blvd. near Fort Tuthill.
RECOMMENDED ACTION:
1) Read Ordinance No. 2013-15 by title only for the first time
2) City Clerk reads Ordinance No. 2013-15 by title only (if approved above)
3) Read Ordinance No. 2013-15 by title only for the final time on July 16, 2013
4) City Clerk reads Ordinance No. 2013-15 by title only (if approved above)
5) Adopt Ordinance No. 2013-15 on July 16, 2013
2) City Clerk reads Ordinance No. 2013-15 by title only (if approved above)
3) Read Ordinance No. 2013-15 by title only for the final time on July 16, 2013
4) City Clerk reads Ordinance No. 2013-15 by title only (if approved above)
5) Adopt Ordinance No. 2013-15 on July 16, 2013
G.
Consideration and Adoption of Ordinance No. 2013-17; An ordinance of the Mayor and Council of the City of Flagstaff, Arizona amending Title 3-10-001-0001, Planning Fees, Section 3-10-001-0002, Engineering Fees, and Section 3-10-001-0005, Recreation Fees; providing for a savings clause; and providing that all ordinances or any part of the Flagstaff City Code in conflict with the provisions of this ordinance shall be repealed upon the effective date of this ordinance.
RECOMMENDED ACTION:
1) Read Ordinance No. 2013-17 by title only for the first time on July 9, 2013.
2) Read Ordinance No. 2013-17 by title only for the second time on July 16, 2013.
3) Adopt Ordinance No. 2013-17 on July 16, 2013.
2) Read Ordinance No. 2013-17 by title only for the second time on July 16, 2013.
3) Adopt Ordinance No. 2013-17 on July 16, 2013.
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.
Discussion, consideration and possible adoption of Energy Codes.
Consideration and Adoption of Resolution No. 2013-20 and Ordinance No. 2013-19: A Resolution declaring as a Public Record that certain document filed with the City Clerk entitled the "(Version A-2009 / Version B-2012) Energy Conservation Code and the 2013 Amendments to City Code / (Version A-2009 / Version B-2012) Energy Conservation Code, Title 4, Building Regulations"; and an Ordinance adopting said document by reference.
Consideration and Adoption of Resolution No. 2013-20 and Ordinance No. 2013-19: A Resolution declaring as a Public Record that certain document filed with the City Clerk entitled the "(Version A-2009 / Version B-2012) Energy Conservation Code and the 2013 Amendments to City Code / (Version A-2009 / Version B-2012) Energy Conservation Code, Title 4, Building Regulations"; and an Ordinance adopting said document by reference.
RECOMMENDED ACTION:
1) Discuss and consider which Energy Conservation Code to be adopted
A - MOVE to remain with the 2006 Energy Conservation Code and amendments
(this action is not required, but may be desired for clarity)
B - MOVE to move forward with 2009 Energy Conservation Code and amendments (Version A)
C - MOVE to move forward with 2012 Energy Conservation Code and amendments (Version B)
2) Read Resolution No. 2013-20 by title only
3) Clerk reads Resolution No. 2013-20 by title only (if approved above)
4) Adopt Resolution No. 2013-20
5) A - Read Ordinance No. 2013-19 by title only for the first and final time
(Purs. to Charter AVII, S6 , requires unanimous vote of Council present)
B - Should this not be a unanimous vote of Council present:
Read Ordinance No. 2013-19 by title only for the first time
6) City Clerk reads Ordinance No. 2013-19 by title only (if approved above)
7) If Step 5-A approved above, adopt Ordinance No. 2013-19
A - MOVE to remain with the 2006 Energy Conservation Code and amendments
(this action is not required, but may be desired for clarity)
B - MOVE to move forward with 2009 Energy Conservation Code and amendments (Version A)
C - MOVE to move forward with 2012 Energy Conservation Code and amendments (Version B)
2) Read Resolution No. 2013-20 by title only
3) Clerk reads Resolution No. 2013-20 by title only (if approved above)
4) Adopt Resolution No. 2013-20
5) A - Read Ordinance No. 2013-19 by title only for the first and final time
(Purs. to Charter AVII, S6 , requires unanimous vote of Council present)
B - Should this not be a unanimous vote of Council present:
Read Ordinance No. 2013-19 by title only for the first time
6) City Clerk reads Ordinance No. 2013-19 by title only (if approved above)
7) If Step 5-A approved above, adopt Ordinance No. 2013-19
B.
Consideration and Approval of Street Closure(s): 2014 Dew Downtown Flagstaff Urban Ski and Snowboard Festival
Consideration and Approval of Amplification Exception: 2014 Dew Downtown Flagstaff Urban Ski and Snowboard Festival
Consideration and Approval of Amplification Exception: 2014 Dew Downtown Flagstaff Urban Ski and Snowboard Festival
RECOMMENDED ACTION:
- Approve the street closure at San Francisco Street between Birch Avenue and Dale Avenue on February 6, 2014 at 8:00 pm through February 9, 2014 at 11:59 pm; and
- Approve the street closure at San Francisco Street between Aspen Avenue and Birch Avenue on February 7, 2014 at 6:00 pm through February 9, 2014 at 6:00 am
- Approve the amplification exception (to allow start box commentary, play-by-play commentary) on Sunday, February 9, 2014 between the hours of 8:00 am-12:00 noon.
C.
Consideration and Approval of Grant Agreement: with the Arizona Criminal Justice Commission for the Edward Byrne Justice Assistance Grant in the amount of $293,693.00 for the Northern Arizona Street Crimes Task Force (METRO unit).
RECOMMENDED ACTION:
Approve the Grant Agreement between the Arizona Criminal Justice Commission (ACJC) and the City of Flagstaff for the Edward Byrne Justice Assistance Grant in the amount of $293,693.00 for the FY2014 Northern Arizona Street Crimes Task Force (METRO unit).
D.
Consideration and Adoption of Resolution No. 2013-19 and Ordinance No. 2013-18: A resolution of the City Council of the City of Flagstaff, Arizona adopting a Procurement Code Manual and establishing an effective date; and an Ordinance of the City Council of the City of Flagstaff, amending the Flagstaff City Code, Title 1, Administrative Chapter 1-20, Contracts and Property Transactions, by repealing Section 1-20-001-0004 Determination of Responsibility of Bidders and providing for a new Section 1-20-001-0004 Procurement Code Manual relating to City procurements of goods, services and construction, and disposal of surplus personal property; providing for repeal of conflicting Ordinances, severability, authority for clerical corrections and establishing an effective date.
RECOMMENDED ACTION:
1) Read Resolution No. 2013-19 by title only
2) City Clerk reads Resolution No. 2013-19 (if approved above)
3) Adopt Resolution No. 2013-19
4) Read Ordinance No. 2013-18 by title only for the first time
5) City Clerk reads Ordinance No. 2013-18 (if approved above)
6) Read Ordinance No. 2013-18 by title only for the final time on August 26, 2013
7) Adopt Ordinance No. 2013-18 on August 26, 2013
2) City Clerk reads Resolution No. 2013-19 (if approved above)
3) Adopt Resolution No. 2013-19
4) Read Ordinance No. 2013-18 by title only for the first time
5) City Clerk reads Ordinance No. 2013-18 (if approved above)
6) Read Ordinance No. 2013-18 by title only for the final time on August 26, 2013
7) Adopt Ordinance No. 2013-18 on August 26, 2013
15.
DISCUSSION ITEMS
None
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.
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.
A.
Street Closure Criteria
B.
Ordinance 2002-07 re Reclaimed Water
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. *A M E N D E D and reposted on Monday, July 15, 2013, at 2:00 p.m. ____________________________________ Elizabeth A. Burke, MMC, City Clerk |