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AGENDA
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REGULAR COUNCIL MEETING
TUESDAY
NOVEMBER 17, 2009
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COUNCIL
CHAMBERS
211 WEST
ASPEN AVENUE
5:30 P.M.
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CALL TO ORDER
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NOTICE OF OPTION TO RECESS
INTO EXECUTIVE SESSION
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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).
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1. PLEDGE
OF ALLEGIANCE, INVOCATION, AND VISION STATEMENT
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VISION STATEMENT
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The City of Flagstaff will be a sustainable, safe and
vibrant community retaining the character, high quality of life and charm of
a small town. Flagstaff will offer economic opportunities, educational
choices, attainable housing, a protected environment and cultural and career
opportunities to a diverse population.
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2. ROLL CALL
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MAYOR PRESLER
VICE MAYOR WHITE
COUNCILMEMBER BREWSTER
COUNCILMEMBER EVANS
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COUNCILMEMBER HAUGHEY
COUNCILMEMBER OVERTON
COUNCILMEMBER SWANSON
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3. APPROVAL OF MINUTES FROM
PREVIOUS MEETINGS
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A.
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Consideration of Minutes: Regular Council
Meeting and Special Flood
Plain Board Meeting of October 20, 2009.
RECOMMENDED ACTION: Approve the
minutes as submitted/corrected.
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4. PUBLIC PARTICIPATION PROCLAMATIONS, AND
RECOGNITION OF OUTGOING BOARD AND COMMISSION MEMBERS
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Public Participation enables
the public to address the Council about an item that is not on the
agenda. If you wish to address the Council during Public Participation, it
is not necessary to fill out a comment card.
If you wish to address the Council at tonight's meeting
on an item that is on the agenda, 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.
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5. CONSENT
AGENDA
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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.
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A.
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Consideration
of Service Agreement: Water law and water
rights litigation.
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RECOMMENDED ACTION:
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(1)
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Approve the service agreement with Lee Storey, currently
practicing law with Ballard Spahr, at the rates and prices listed in the
staff summary attachment; and
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(2)
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Authorize the City Manager to execute the necessary
documents.
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B.
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Consideration
of Intergovernmental Agreement: Monitoring
and enforcement of installation of manufactured housing, factory-built
buildings, and accessory structures.
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RECOMMENDED ACTION:
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Approve intergovernmental agreement
with the Office of Manufactured Housing
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C.
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Consideration
of Intergovernmental Agreement: Southside
streetscape improvements.
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RECOMMENDED ACTION:
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Approve the intergovernmental
agreement with the Arizona Department of Transportation Enhancement Grant
funds in the amount of $500,000.00 toward a total project cost of
$1,177,998.00, with a City share in the amount of $677,998.00, plus a 10% contingency
of the total project cost.
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6. PUBLIC HEARING ITEMS
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A.
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Consideration
of Liquor License Application: Meghann
Miller, “Vino Loco”, 120 North Leroux Street, Suite 105, Series 10, New
License.
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RECOMMENDED ACTION:
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Open the public hearing.
Receive citizen input.
Close the public hearing.
The City Council has the option to:
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(1)
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Forward the application to the State
with a recommendation for approval;
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(2)
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Forward the application to the State
with no recommendation; or
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(3)
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Forward the application to the State
with a recommendation for denial based on the testimony received at the
public hearing and/or other factors.
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7. REGULAR AGENDA
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A.
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Consideration
of Removal of Commission Member Due to Absence:
Disability Awareness Commission.
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RECOMMENDED ACTION:
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Remove Commissioner Garner.
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B.
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Consideration
of Intergovernmental Agreement: Flagstaff
City-Coconino County Public Library Board.
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RECOMMENDED ACTION:
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(1)
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Approve the intergovernmental
agreement with Coconino County.
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(2)
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Appoint the members of the existing
City Library Board to the new Flagstaff City-Coconino County Public Library
Board created by the intergovernmental agreement.
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C.
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Consideration
of Ordinance No. 2009-26: An ordinance of
the Council of the City of Flagstaff repealing Chapter 2-02 of the City’s
Code of ordinances regarding the Flagstaff City-Coconino County Library
Board.
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RECOMMENDED ACTION:
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Read Ordinance No. 2009-26 for the
first time by title only.
Read Ordinance No. 2009-26 for the
final time by title only.
Adopt Ordinance No. 2009-26.
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D.
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Consideration
of Ordinance No. 2009-39: An ordinance
authorizing the City of Flagstaff to enter into a Development Agreement with
Laurie J. Nemec and Frank A. Nemec, Jr., Trustees, Thomas J. Olmsted, Bishop
of the Roman Catholic Church of the Diocese of Phoenix, CLT Clark Family,
L.L.C., and Gemini Flagstaff, L.L.C. for the exchange of land on the north
side of Route 66 across from Enterprise Avenue to acquire land for a fire
station, other land transactions for rights of way and various easements, and
cost apportionment for construction of Ponderosa Parkway.
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RECOMMENDED ACTION:
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Read Ordinance No. 2009-39 for the
final time by title only.
Adopt Ordinance No. 2009-39.
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Consideration
of Resolution No. 2009-49: A resolution
approving an agreement for the waiver of claims for diminution in value of
property applicable to property located at 1600 East Route 66.
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RECOMMENDED ACTION:
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Read Resolution No. 2009-49 by title
only.
Adopt Resolution No. 2009-49.
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F.
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Consideration
of Ordinance No. 2009-35: An ordinance
rezoning approximately 28 acres of an existing 107 acre parcel located at
1600 East Route 66 from RR, Rural Residential Zoning District to HR, High
Density Residential Zoning District (Conditional).
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RECOMMENDED ACTION:
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Read Ordinance No. 2009-35 for the
final time by title only.
Adopt Ordinance No. 2009-35.
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G.
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Consideration
of Amendment No. 4 to Design/Build Agreement:
Ponderosa Parkway.
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RECOMMENDED ACTION:
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(1)
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Approve the amendment with FCI
Constructors, Inc. to accept guaranteed maximum price No. 4 for a portion of
Ponderosa Parkway in the amount of $1,757,248.00, which includes a contract
allowance of $70,427.00, and a contract time of 150 calendar days; and
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(2)
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Authorize the City Manager to execute the necessary
documents.
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H.
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Consideration
of Amendment No. 5 to Design/Build Agreement:
Flagstaff Fire Station No. 2.
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RECOMMENDED ACTION:
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(1)
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Approve the amendment with FCI
Constructors, Inc. to accept guaranteed maximum price No. 5 for Fire Station
No. 2 site work in the amount of $934,766.00, which includes a contract
allowance of $37,330.00, and a contract time of 90 calendar days; and
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(2)
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Authorize the City Manager to execute the necessary
documents.
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I.
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Consideration
of Confirming Design Contract Change Order No. 1: Fire Station relocation program.
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RECOMMENDED ACTION:
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(1)
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Approve Confirming Change Order No.1
with FCI Constructors, Inc. in the amount of $78,913.72 for Fire Station No.
2.
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(2)
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Authorize the City Manager to execute the necessary
documents.
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J.
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Consideration
of Ordinance No. 2009-36: An ordinance of the City
Council of the City of Flagstaff, Arizona, amending the City of Flagstaff
Personnel Policies, adding Section 1-10-060, “Meet and Confer”, implementing
a process for management and employees to meet and confer in good faith with
respect to certain topics such as wages, hours, and other terms of
employment.
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RECOMMENDED ACTION:
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Read Ordinance No. 2009-36 for the
final time by title only.
Adopt Ordinance No. 2009-36.
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Consideration
of Ordinance No. 2009-37: An ordinance of
the City Council of the City of Flagstaff repealing Flagstaff City Code Title
1, Chapter 14, Section 1-14-001-0006, “Employee Advisory Committee”, and
amending the City of Flagstaff Personnel policies, adding Section 1-10-070,
“Employee Advisory Committee”, and replacing the same with new and updated
provisions on the creation of the Employee Advisory Committee, its mission,
purpose, and objectives governing the same.
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RECOMMENDED ACTION:
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Read Ordinance No. 2009-37 for the
first time by title only.
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Consideration
of Ordinance 2009-40: An ordinance
authorizing the tender of real property at the intersection of Forest Avenue
and Fort Valley Road to the Arizona Department of Transportation for public
right-of-way purposes.
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RECOMMENDED ACTION:
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Read Ordinance No. 2009-40 for the
first time by title only.
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8. DISCUSSION ITEMS
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a.
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Discussion of Cancellation of
December 22 and December 29, 2009 Work Sessions.
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9. PUBLIC PARTICIPATION
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10. INFORMATIONAL ITEMS AND
REPORTS FROM COUNCIL AND STAFF,
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REQUESTS FOR FUTURE AGENDA ITEMS
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11. ADJOURNMENT
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