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AGENDA

 

 

REGULAR COUNCIL MEETING

TUESDAY

APRIL 20, 2010

 

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

 

 

4.      PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING BOARD AND COMMISSION MEMBERS

 

 

 

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 Payment of Legal Expenses:  Fred Nackard Land Company, et al. versus City of Flagstaff.

 

 

 

RECOMMENDED ACTION:

Authorize additional payment of $12,500.00, not to exceed a total of $287,500.00, for attorney fees and costs.

 

 

B.

Consideration of Payment of Claims Expenses and/or Settlement Costs:  J. Pete versus City of Flagstaff.

 

 

 

RECOMMENDED ACTION:

(1)

Authorize payments not to exceed a total of $50,000.00 in claim expenses and/or settlement costs; and

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

C.

Consideration of Payment of Claims Expenses and/or Settlement Costs:  Jennifer Stallard versus City of Flagstaff.

 

 

 

RECOMMENDED ACTION:

(1)

Authorize payments not to exceed a total of $50,000.00 in claim expenses and/or settlement costs; and

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

D.

Consideration of Payment of Claims Expenses and/or Settlement Costs:  David Arendt and Diana Arendt versus City of Flagstaff.

 

 

 

RECOMMENDED ACTION:

(1)

Authorize additional payments of $25,000.00 not to exceed a total of $50,000.00 in claim expenses and/or settlement costs; and

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

E.

Consideration of Approval Confirming Settlement of Claim, Payment of Claim Investigation, and Settlement Expenses:  Jeremy Anderson versus City of Flagstaff.

 

 

 

RECOMMENDED ACTION:

Authorize total claim expenses not to exceed $27,000.00 as follows:

 

 

 

(1)

Approve confirming settlement of claim in the amount of $25,000.00;

 

 

 

(2)

Approve additional $2,000.00 for City’s adjuster and attorney fees; and

 

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

 

F.

Consideration of Permit Agreement:  Recreational community agriculture project.

 

 

 

RECOMMENDED ACTION:

Approve the permit agreement with Flagstaff Foodlink.

 

 

G.

Consideration of Renewal of Cooperative Fire Rate Agreement:  Forests and wildlands fire protection.

 

 

 

RECOMMENDED ACTION:

Approve the agreement with the Arizona State Forestry Division.

 

 

H.

Consideration of Audited Financial Reports:  For the Year ending June 30, 2009.

 

 

 

RECOMMENDED ACTION:

Approve the June 30, 2009 Comprehensive Annual Financial Report and the Single Audit Report.

 

 

I.

Consideration of Construction Manager at Risk Phase Services Agreement:  Izabel Homes Project Phase I.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the Construction Manager at Risk Construction Phase Service Agreement with Loven Contracting, Inc., in an amount not to exceed $514,179.66;

 

 

 

(2)

Authorize change order authority in the amount of $25,708.98 (5%) to cover potential costs associated with unanticipated or additional items of work; and

 

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

 

6.     PUBLIC HEARING ITEMS

 

 

A.

Consideration of Public Hearing (PC LUP 2010-001):  A request by Flagstaff Nackard, L.L.C. to amend the Flagstaff Area Regional Land Use and Transportation Plan to change the land use designation for a 1.03-acre parcel located at 4800 East Railhead Avenue from Institutional to Industrial Light-Medium.

 

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

 

B.

Consideration of Resolution No. 2010-22:  A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan to change the land use designation of a 1.03 acre parcel of land located at 4800 East Railhead Avenue from Institutional to Industrial Light-Medium.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-22 by title only.

Adopt Resolution No. 2010-22.

 

 

C.

Consideration of Public Hearing (PC REZ 2010-001):  A request by Flagstaff Nackard, L.L.C. to rezone a 1.03-acre parcel located at 4800 East Railhead Avenue from PL-O&B-E, Public Lands Open Space and Buildings District Established to C4-E, Commercial Service District Established.

 

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

 

D.

Consideration of Ordinance No. 2010-11:  An ordinance rezoning a 1.03-acre parcel located at 4800 East Railhead Avenue from PL-O&B-E, Public Lands Open Space and Buildings Zoning District Established to C4-E, Commercial Service Zoning District Established.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-11 for the first time by title only.

 

 

7.      REGULAR AGENDA

 

 

A.

Consideration of Applicants for Appointments:  Flagstaff City – Coconino County Public Library Board.  [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 City resident appointment to a term expiring November, 2012, and ratify the appointment of Supervisor Carl Taylor, Coconino County.

 

 

B.

Consideration of Ordinance No. 2010-06:  An ordinance of the City Council of the City of Flagstaff, Arizona, amending Flagstaff City Code, Title 7, Water System Regulations, by adopting the “2010 Amendments to City Water System Regulations Title 7, Flagstaff City Code Section 7-03-001-0016, Cross Connection Control”, by reference.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-06 for the final time by title only.

Adopt Ordinance No. 2010-06.

 

 

C.

Consideration of Ordinance No. 2010-07:  An ordinance authorizing the City of Flagstaff to enter into an agreement with the Arizona Game and Fish Commission for the City’s acquisition of approximately three acres of land located at 3701 Cochise Drive in exchange for discharge of Class A reclaimed wastewater into the Rio de Flag and Francis Short Pond for wildlife habitat enhancement.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-07 for the final time by title only.

Adopt Ordinance No. 2010-07.

 

 

D.

Consideration of Resolution No. 2010-20:  A resolution of the Flagstaff City Council adopting Notice of Intention to increase water, reclaimed water, and wastewater rates or rate components, fees or service charges, and establishing a date for a public hearing on the proposed changes.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-20 by title only.

Adopt Resolution No. 2010-20.

 

 

E.

Consideration of Resolution No. 2010-21:  A resolution approving the City of Flagstaff 2010/2011 Annual Action Plan and authorizing its submission to the United States Department of Housing and Urban Development.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-21 by title only.

Adopt Resolution No. 2010-21.

 

 

F.

Consideration of Purchase under the Strategic Alliance for Volume Expenditures (S.A.V.E.) Contract:  Contract employment program for retirees—employee leaseback.

 

 

 

RECOMMENDED ACTION:

Approve the purchase from SmartWorks Plus for an annual amount up to $800,000, plus applicable taxes.

 

 

 

8.      DISCUSSION ITEMS

 

 

A.

Consideration of Council Discussion:  City Attorney’s memo regarding lobbyist memo.

 

 

 

RECOMMENDED ACTION:

None.

 

 

B.

Consideration of Possible Executive Session:  Landry Creedon contract.  A.R.S. § 38-431.03(A)(3) (Legal Advice) and 38-431.03(A)(4) (Contract Negotiations).

 

 

 

RECOMMENDED ACTION:

None.

 

 

C.

Consideration of Council Discussion:  Role of Mayor in Washington, D.C. lobbying.

 

 

 

RECOMMENDED ACTION:

None.

 

 

D.

Consideration of Council Discussion:  Council ethics policy.

 

 

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

 

9.      PUBLIC PARTICIPATION

 

 

10.    INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF,

 

 

REQUESTS FOR FUTURE AGENDA ITEMS

 

 

11.       ADJOURNMENT