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AGENDA

 

 

REGULAR COUNCIL MEETING

TUESDAY

SEPTEMBER 15, 2009

 

COUNCIL CHAMBERS

211 WEST ASPEN AVENUE

5:30 P.M.

 

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).

 

 

 

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 August 18, 2009.

 

RECOMMENDED ACTION: Approve the minutes as submitted/corrected.

 

 

4.      PUBLIC PARTICIPATION

 

 

 

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 Construction Contract:  West and Sixth Street intersection project.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the contract with RTR Paving and Surfacing in the amount of $181,048.00, which includes a contract allowance of $36,000.00 and a contract period of 45 calendar days;

 

 

 

(2)

Authorize change order authority in the amount of $18,105.00 (10%) to cover potential costs associated with unanticipated or additional items of work; and

 

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

 

B.

Consideration of Construction-Manager-at-Risk Contract: Design phase services for the Izabel Homes project.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the contract with Loven Contracting, Inc. in the amount not to exceed $13,313.00;

 

 

 

(2)

Authorize change order authority in the amount of $1,331.00 (10%) to cover the potential costs associated with unanticipated or additional items of work; and

 

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

 

C.

Consideration of Annual Bid:  Public defender services.

 

 

 

RECOMMENDED ACTION:

(1)

Reject the only proposal submitted by the law office of Tony Gonzales, PLLC in response to the initial request for proposals; and

 

 

 

 

(2)

Approve the proposal from Kirkpatrick and Harris, P.C. in response to the second request for proposals, for an annual total amount of $160,000.00 with a 35 increase in years two (2) and three (3).

 

 

D.

Consideration of Grant Agreement:  Community Development Block Grant- Recovery (CDBG-R).

 

 

 

RECOMMENDED ACTION:

(1)

Approve the grant agreement with U.S. Department of Housing and Urban Development in the amount of $165,677.00; and

 

 

 

 

(2)

Authorize the Mayor, City Manager, or Deputy City Manager to execute the necessary documents.

 

 

E.

Consideration of Street Closure:  Halloween Harvest.

 

 

 

RECOMMENDED ACTION:

Approve the street closure of Aspen Ave between San Francisco Street and Leroux Street.

 

 

6.     PUBLIC HEARING ITEMS

 

 

A.

Consideration of Liquor License Application:  Paul Moir, “Pilon Latin Kitchen”, 16 N. San Francisco Street, Series 12, New License.

 

 

 

 

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

The City Council has the option to:

 

 

 

RECOMMENDED ACTION:

(1)

Forward the application to the State with a recommendation for approval;

 

 

 

 

(2)

Forward the application to the State with no recommendation;

 

 

 

 

(3)

Forward the application to the Sate with a recommendation for denial based on the testimony received at the public hearing and/or other factors.

 

 

B.

Consideration of Public Hearing (PC REZ 09-002):  A request by the San Francisco de Asis Parish to rezone approximately 28 acres of an existing 107 acre parcel located at 1600 East Route 66 from RR, Rural Residential District, to HR, High Density Residential District.

 

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

 

7.      REGULAR AGENDA

 

 

A.

Consideration of Applicants for Appointments:  Beautification and Public Art 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 two appointments as follows:  one appointment to arts community term expiring June 2010; and one appointment to design professional term expiring June 2012.

 

 

B.

Consideration of Applicants for Appointments:  Historic Preservation 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 professional term expiring December 2011.

 

 

C.

Consideration of Ordinance No. 2009-13:  An ordinance of the City Council of Flagstaff, Arizona, amending Title 9 of the Flagstaff Municipal Code by adding Section 9-05-001-0018, “Bicycle Helmets/Protective Equipment”, to require persons under the age of 18 years to wear protective helmets when riding a bicycle, either as the operator or passenger; and to establish a penalty for violations.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-13 for the final time by title only.

Adopt Ordinance No. 2009-13.

 

 

D.

Consideration of Reinstatement of Lease:  216 W. Phoenix Avenue.

 

 

 

RECOMMENDED ACTION:

Approve the reinstatement of lease with Flagstaff Shelter Services, Inc.

 

 

E.

Consideration of Ordinance No. 2009-33:  An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0004, Encourage Delinquency.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-33 for the first time by title only.

 

 

F.

Consideration of Ordinance No. 2009-34:  An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0011, Prostitution.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-34 for the first time by title only.

 

 

G.

Consideration of Resolution No. 2009-44:  A resolution authorizing the dedication of a drainage easement to the State of Arizona to protect a portion of Route 66.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-44 by title only.

Adopt Resolution No. 2009-44.

 

 

H.

Consideration of Ordinance No. 2009-31:  An ordinance authorizing the dedication and conveyance in fee of the right of way to the State of Arizona for a portion of Route 66.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-31 for the first time by title only.

 

 

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

 

 

11.    ADJOURNMENT OF REGULAR COUNCIL MEETING

 

 

 

SPECIAL FLOOD PLAIN BOARD MEETING

 

 

1.      CALL TO ORDER

 

 

2.      ROLL CALL

 

 

 

MAYOR PRESLER              

COUNCILMEMBER BREWSTER       COUNCILMEMBER EVANS               

COUNCILMEMBER HAUGHEY         

 

 

COUNCILMEMBER OVERTON         

COUNCILMEMBER SWANSON        

COUNCILMEMBER WHITE     

 

 

 

3.

Consideration of Public Hearing:  Request for Variance to Floodplain Regulations, City Code Section 12-01-001-0006.7, for property located at 6900 E. Old Walnut Canyon Road, Flagstaff.

 

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

The Water Commission recommends denial of the variance.

 

 

ADJOURNMENT OF FLOODPLAIN BOARD MEETING.