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AGENDA

 

 

REGULAR COUNCIL MEETING

TUESDAY

JUNE 2, 2009

 

CALL TO ORDER

 

COUNCIL CHAMBERS

211 WEST ASPEN AVENUE

5:30 P.M.

 

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).

 

 

 

1.      PLEDGE OF ALLEGIANCE, INVOCATION, AND VISION STATEMENT

 

 

VISION STATEMENT

 

 

 

 

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.

 

 

 

2.      ROLL CALL

 

 

 

 

MAYOR PRESLER           

VICE MAYOR WHITE           

COUNCILMEMBER BREWSTER         

COUNCILMEMBER EVANS         

 

 

COUNCILMEMBER HAUGHEY         

COUNCILMEMBER OVERTON         

COUNCILMEMBER SWANSON        

 

 

3.      APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

 

 

A.

Consideration of Minutes: Regular Council Meeting of October 7, 2008; October 21, 2008; March 3, 2009; March 17, 2009; April 7, 2009; April 21, 2009; May 5, 2009; and Special Council Meeting of March 2, 2009.

 

RECOMMENDED ACTION: Approve the minutes as submitted/corrected.

 

 

4.      PUBLIC PARTICIPATION

 

 

 

a.

Update on Neighborhood Registry

 

 

 

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 speakAt 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.

 

 

5.      CONSENT AGENDA

 

 

 

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 of Transaction Privilege (Sales) Tax Write-Offs:  Fiscal Year ending June 30, 2009.

 

 

 

RECOMMENDED ACTION:

Approve the write-offs of transaction privilege (sales) tax accounts totaling $10,345.93.

 

 

B.

Consideration of Confirming Change Order No. 1:  Buffalo Park tank painting.

 

 

 

RECOMMENDED ACTION:

(1)

Approve Change No. 1 in the amount of $36,650.00 to Southwest Industrial Coatings Inc; and

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

C.

Consideration of Third Amendment to Consulting Agreement:  Government and Community Relations.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the third amendment to the agreement with Landry, Creedon and Associates, Inc. in the amount of $122,610.12 per year, plus applicable expenses; and

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

D.

Consideration of Engineering Design Services Contract:  Sunnyside Phase V improvement project.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the contract with Arizona Engineering GHD in the amount of $209,916.00, which includes a contract allowance of $19,083.00, and a contract period of 512 calendar days;

 

 

 

(2)

Authorize the City Manager to execute the necessary documents; and

 

 

 

(3)

Authorize change order authority in the amount of $20,991.00 to cover potential costs associated with unanticipated or additional items of work.

 

 

E.

Consideration of PC SUB 2009-001:  A request for preliminary plat approval by Yale Plaza, LLC, for the Yale Plaza Professional Condominiums, a six unit business condominium subdivision on a .6 acre parcel located at 1501 South Yale Street in the C3-E Highway Commercial Zoning District.

 

 

 

RECOMMENDED ACTION:

Approve the preliminary plat as recommended by the Planning and Zoning Commission.

 

 

6.     PUBLIC HEARING ITEMS

 

 

A.

Consideration of Liquor License Application:  Maria Ulloa Lopez, ?Szechuan Restaurant?, 1451 S. Milton Road, Series 12, 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.

 

 

B.

Consideration of Public Hearing:  Proposed FY 2009-2010 budget.

 

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

 

C.

Consideration of Resolution No. 2009-27:  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 the fiscal year 2009-10; adopting a tentative budget; setting forth the receipts and expenditure; the amount proposed to be raised by direct property taxation; giving notice of the time for hearing taxpayer, for adopting of budget and for fixing the tax levies.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-27 by title only.

Adopt Resolution No. 2009-27.

 

 

7.      REGULAR AGENDA

 

 

A.

Consideration of Applicants for Appointments:  Planning and Zoning Commission  [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).  The names of the applicants may be obtained by contacting the City Clerk.]

 

 

 

RECOMMENDED ACTION:

Make one appointment to a partial term expiring December 2010.

 

 

B.

Consideration of Partial Waver of Noise Ordinance Requirements:  Northland Hospice Run or Walk 5K/10K.

 

 

 

RECOMMENDED ACTION:

The City Council may select one of the following options or move to take an action of its own choosing:

 

 

 

(1)

Waive the requirements of the noise ordinance to allow sound amplification on June 28, 2009, beginning at 6:00 a.m. in Wheeler Park at or below the sound level prescribed by the Noise Ordinance; or

 

 

 

(2)

Deny the request.

 

 

C.

Consideration of Ordinance No. 2009-09:  An ordinance of the City Council of the City of Flagstaff, Arizona, extending and increasing the corporate limits of the City of Flagstaff, Coconino County, State of Arizona, pursuant to the provisions of Title 9, Chapter 4, Arizona Revised Statutes, by annexing thereto certain territory contiguous to the existing city limits of the City of Flagstaff.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-09 for the final time by title only.

Adopt Ordinance No. 2009-09.

 

 

D.

Consideration of Ordinance No. 2009-10:  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 replacing the same with new and updated provisions on the creation of the Employee Advisory Committee, its mission, purpose, objectives, structure, membership, meetings, and definitions governing the same.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-10 for the final time by title only.

Adopt Ordinance No. 2009-10.

 

 

E.

Consideration of Ordinance No. 2009-15:  An ordinance amending the Flagstaff City Code Title 6, Police Regulations, Chapter 1, General Offenses, Section 6-01-001-0022, Camping on Public Property within the City Limits, to clarify its purpose and clarify its application.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-15 for the first time by title only.

 

 

F.

Consideration of Resolution No. 2009-29:  A resolution of the City Council of the City of Flagstaff, Arizona declaring as a public record that certain document filed with the City Clerk entitled ?2009 Amendments to the City of Flagstaff City Code, Title 3, Privilege and Excise Tax Regarding Out-of States Sales, Solar Energy Devices, Architectural, Engineering and Development Fees, and Extension for Filing a Petition for an Administrative Review.?

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-29 by title only.

Adopt Resolution No. 2009-29.

 

 

G.

Consideration of Ordinance No. 2009-16:  An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the ?2009 Amendments to the City of Flagstaff City Code Title 3, Privilege and Excise Taxes, Regarding Out-of-State Sales, Solar Energy Devices, Architectural, Engineering and Development Fees, and Extension for Filing a Petition for an Administrative Review? by reference, thereby amending the Flagstaff City Code Section 3-05-001-0100, Words of Tense, Number and Gender, Code Reference; and General Definitions; Section 3-05-004-0415, Construction Contracting; Construction Contractors; Section 3-05-004-0416, Construction Contracting, Speculative Builders; Section 3-05-004-0417, Construction Contracting; Owner-Builders who are not Speculative Builders, Sections 3-05-004-0450, Rental, Leasing, and Licensing for the use of Tangible Personal Property, Section 3-05-004-0465, Retail Sales: Exemptions; Section 3-05-005-0570, Administrative Review, Petition for Hearing or for Redetermination; Finality of Order; to provide for amendments regarding out-of-state sales, solar energy devices, architectural, engineering and development fees, and extension for filing a petition for an administrative  review.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-16 for the first time by title only.

 

 

H.

Consideration of Resolution No. 2009-26:  A resolution approving the City of Flagstaff?s substantial amendment to the 2008/2009 Annual Action Plan and authorizing its submission to the United States Department of Housing and Urban Development (HUD).

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-26 by title only.

Adopt Resolution No. 2009-26.

 

 

I.

Consideration of Resolution No. 2009-32:  A resolution of the Mayor and Council of the City of Flagstaff, Arizona, a municipal cooperation of Arizona, relating to the financing of certain projects, specifically approving publication of notice of proposed lease of land and buildings from, and lease-purchased back of such land and buildings to, the City of Flagstaff, Arizona, and request for bids in connection therewith; and authorizing the acceptance of a bid with respect thereto; approving and authorizing the execution and delivery of a ground lease and a lease-purchase agreement, and if it is determined that the hereinafter described certificates are to be sold and executed and delivered, a trust agreement and a purchase agreement as well as, in either case, other necessary agreements, instruments and documents; if determined that such certificate should be sold and executed and delivered as provided herein, approving the sale and execution and delivery of certificates of participation in such lease purchase agreement to provide the necessary financing therefor; delegating to the Interim Management Services Director of the City of Flagstaff, Arizona, the authority to determine when bids for such land and buildings shall be accepted, to determine whether such lease purchase agreements shall be negotiated directly or such certificates underwritten to finance such projects, to designate the final principle amount, maturity dates, interest rates and payment dates and other matters with respect to such lease purchase agreement and to accept a proposal as determined as provided herein for either the negotiation of such lease purchase agreement or purchase of such certificates; if such certificates are underwritten, approving preparation and distribution of a preliminary official statement and a final official statement; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution and declaring this resolution to be an emergency.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-32 by title only.

Adopt Resolution No. 2009- 32.

 

 

8.      COUNCIL DISCUSSION ITEMS

 

(No items were submitted.)

 

 

9.      PUBLIC PARTICIPATION

 

 

10.    INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF,

 

 

REQUESTS FOR FUTURE AGENDA ITEMS

 

 

 

a.

Fourth of July Aerial Display.

 

 

11.    ADJOURNMENT