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REGULAR COUNCIL MEETING AGENDA

AND

EXECUTIVE SESSION AGENDA

 

 

REGULAR COUNCIL MEETING

TUESDAY

JUNE 15, 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

 

 

A.

Consideration of Minutes: Regular Council Meeting of April 20, 2010, and Special Council Meeting of April 27, 2010.

 

RECOMMENDED ACTION: Approve the minutes as submitted/corrected.

 

 

REVIEW OF 2008-2010 CITY COUNCIL ACCOMPLISHMENTS

 

 

PRESENTATION TO OUTGOING COUNCILMEMBERS

 

 

SWEARING-IN CEREMONY OF NEWLY-ELECTED MAYOR AND COUNCILMEMBERS

 

 

RECOMMENDED ACTION:

Presiding Magistrate Tom Chotena will swear in the newly-elected Mayor and Councilmembers.

 

 

RECESS FOR BRIEF RECEPTION FOR NEWLY ELECTED COUNCIL

 

 

RECONVENE INTO COUNCIL MEETING

 

 

ROLL CALL OF NEW COUNCIL

 

 

 

 

Mayor Presler

Councilmember Babbott

Councilmember Barotz

Councilmember Brewster

Councilmember Evans

Councilmember Overton

Vice-Mayor White

 

 

CONSIDERATION OF APPOINTMENT OF VICE MAYOR. [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).]

 

 

RECOMMENDED ACTION:

Make the appointment at the Council meeting.

 

 

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

 

 

 

A.

Recognition of M.A.N.A. Support Network (Marines, Army, Navy, Air Force).

 

 

 

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 Annual Purchase:  Computer hardware and software maintenance.

 

 

 

RECOMMENDED ACTION:

Authorize payments in the total amount of $674,091.00, plus applicable sales tax and a 10% contingency, to the vendors listed in the staff summary attachment.

 

 

B.

Consideration of Authorization:  Annual blanket purchase orders exceeding $50,000.00.

 

 

 

RECOMMENDED ACTION:

(1)

Authorize the issuance of blanket purchase orders in the total amount of $972,475.00, plus a 10% contingency, to the vendors in the amounts indicated on the staff summary attachment; and

 

 

(2)

Approve confirming payment in the total amount of $79,034.00 to the vendors in the amounts indicated on the FY2010 staff summary attachment.

 

C.

Consideration of Sole Source Purchase:  Advertising for the Convention and Visitors Bureau.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the purchase of advertising from the Arizona Republic/AZCentral.com in a total amount not to exceed $85,000.00; and from AdReady/BlueKai in a total amount not to exceed $85,000.00; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

D.

Consideration of Sole Source Purchase:  Purchase and installation of computer hardware to provide upgrades to the existing Integrated Library System at Flagstaff libraries.

 

 

 

RECOMMENDED ACTION:

Approve the purchase of library catalog database migration services, new primary server hardware, back-up serve software and set-up services, and the Enterprise web interface product from Sirsi/Dynix in the amount of $126,950.00, plus applicable tax.

 

E.

Consideration of Annual Bid:  Custodial supplies.

 

 

 

RECOMMENDED ACTION:

Approve the proposal from Xpedx at the prices outlined in the staff summary attachment.

 

 

F.

Consideration of Lease Agreement:  Airport ticket counter and office space.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the lease agreement with US Airways, Inc., in a total annual dollar amount of $30,637.80 and additional revenues of $1.05 per 1,000 lbs. of declared maximum certified gross landing weight of aircraft landed; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

G.

Consideration of Supplemental Agreement No. 3:  Pulliam Airport masterplan improvements, Taxiway A Reconstruction, and electrical upgrades project.

 

 

 

RECOMMENDED ACTION:

(1)

Approve Supplemental Agreement No. 3 with Kimley-Horn and Associates, Inc., in the amount of $452,153.00, subject to approval by the Federal Aviation Administration and the Arizona Department of Transportation, Aeronautics Division;

 

 

(2)

Authorize change order authority in the amount of $45,215.30 to cover potential costs associated with unanticipated items of work; and

 

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

H.

Consideration of Construction Contract:  Cherry Avenue drainage improvements in Old Townsite Neighborhood.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the contract with A. Miner Contracting, Inc., in the amount of $193,990.00, which includes a contract allowance of $25,000.00 and a contract period of 100 calendar days;

 

 

(2)

Authorize the City Manager to execute the necessary documents; and

 

 

(3)

Authorize change order authority in the amount of $19,399.00 (10%) to cover potential costs associated with unanticipated items of work.

 

I.

Consideration of Amendment to Service Agreement:  Arts, cultural, and science programs.

 

 

 

RECOMMENDED ACTION:

(1)

Approve Amendment No. 1 with Flagstaff Cultural Partners, Inc.; and

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

J.

Consideration of Annual Service Agreement:  Animal shelter services.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the agreement with the Coconino Humane Association in the amount of $165,000; and

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

K.

Consideration of Amendment No. 2 to Design-Build Contract:  Jay Lively Ice Rink reconstruction project.

 

 

 

RECOMMENDED ACTION:

(1)

Approve Amendment No. 2 with Loven Contracting, Inc., to accept Guaranteed Maximum Price No. 2 for architectural, mechanical, electrical, and plumbing services in the amount of $1,273,074.73, including an owner’s contingency of $60,622.61 and a contract time of 174 calendar days;

 

 

 

(2)

Authorize change order authority in the amount of $127,307.47 to cover potential costs associated with unanticipated or additional items of work; and

 

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

 

L.

Consideration of Addendum to Intergovernmental Agreement:  Court interpreter services.

 

 

 

RECOMMENDED ACTION:

Approve the addendum to the intergovernmental agreement with Coconino County.

 

 

M.

Consideration of Intergovernmental Agreement:  Traffic signal pre-emption for City emergency vehicles.

 

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the Arizona Department of Transportation.

 

 

N.

Consideration of Grant Application and Acceptance of Grant Award:  2010 Edward Byrne Memorial Justice Assistance Grant.

 

 

 

RECOMMENDED ACTION:

Approve the grant application to the U.S. Department of Justice and authorize acceptance of grant funds in the amount of $59,192.00.

 

 

O.

Consideration of Intergovernmental Agreement:  2010 Edward Byrne Memorial Justice Assistance Grant funds.

 

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County in the amount of $17,667.00 for the purchase of 20 narrowband/P25 compliant radios for the Coconino County Sheriff’s Office.

 

P.

Consideration of Intergovernmental Agreement:  Highway Safety Improvement Program matching grant projects.

 

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the State of Arizona for $150,000.00 in grant funds for the sign management program and project inventory, $25,000.00 in grant funds for pedestrian countdown signals; and a 10% contingency for both projects in City matching funds to cover unanticipated project cost overruns.

 

 

Q.

Consideration of Intergovernmental Agreement:  Highway Safety Improvement Program grant funding.

 

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the State of Arizona in the amount of $40,000.00 for Flagstaff Metropolitan Planning Organization Fiscal Year 2010 safety projects; plus a 10% contingency in City matching funds to cover unanticipated project cost overruns.

 

 

6.     PUBLIC HEARING ITEMS

 

 

A.

Consideration of Liquor License Application:  Danny Thomas, “Moth Developments,” 506 N. Grant St. #C, Series 04, 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.

 

 

7.      REGULAR AGENDA

 

 

A.

Consideration of Ordinance No. 2010-14:  An ordinance repealing Resolution No. 2001-76, establishing a Citizens Transportation Advisory Committee, and Ordinance No. 2007-17, changing the membership of the Citizens Transportation Advisory Committee; and amending Flagstaff City Code, Title 2, Boards and Commissions, Chapter 2-12, “Flagstaff Traffic Commission” by amending its name to “Transportation Commission” and adding oversight provisions regarding the progress and expenditures of the City’s transportation capital improvements program as related to the Election of May, 2000.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2010-14 for the final time by title only.

Adopt Ordinance No. 2010-14.

 

 

B.

Consideration of Ordinance No. 2010-20:  An ordinance authorizing the City of Flagstaff to enter into a purchase and sale agreement with the United States of America, acting by and through the Forest Service, United States Department of Agriculture, for the purchase of approximately 165 acres of land pursuant to the Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005, P.L. 109-110, 11-22-05, 119 Stat. 2351, and declaring an emergency.

 

 

 

RECOMMENDED ACTION:

(1)

Move to read Ordinance No. 2010-20 for the first time by title only.

 

 

 

(2)

Move to consider the reading of Ordinance No. 2010-20 for the final time by title only (requires unanimous affirmative vote).

 

 

 

(3)

Upon the unanimous vote above, move to read Ordinance No. 2010-20 for the final time by title only.

 

 

 

(4)

Adopt Ordinance No. 2010-20 (requires six affirmative votes).

 

 

C.

Consideration of Resolution No. 2010-46:  Resolution of the Council of the City of Flagstaff, Arizona, declaring for purposes of Section 1.150-2 of the Federal Treasury Regulations, Official Intent to be Reimbursed in Connection with Certain Capital Expenditures relating to acquisition of land for open space purposes (Lake Mary Regional Park).

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-46 by title only.

Adopt Resolution No. 2010-46.

 

 

D.

Consideration of Resolution No. 2010-42:  Resolution of the Council of the City of Flagstaff, Arizona, ordering and calling a Special Debt Authorization Election to be held on November 2, 2010, in and  for the City of Flagstaff, Arizona, to submit to the qualified electors thereof questions with respect to the sale and issuance of various purpose bonds of the City of Flagstaff, Arizona.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-42 by title only.

Adopt Resolution No. 2010-42.

 

 

E.

Consideration of Resolution No. 2010-43:  A resolution off the Flagstaff City Council releasing, relinquishing, and surrendering a public pedestrian access easement originally granted by Trinity Heights United Methodist Church.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-43 by title only.

Adopt Resolution No. 2010-43.

 

 

F.

Consideration of Resolution No. 2010-44:  A resolution of the Flagstaff City Council amending Resolution No. 2010-20 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 by changing the public hearing date to July 27, 2010.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2010-44 by title only.

Adopt Resolution No. 2010-44.

 

 

8.      DISCUSSION ITEMS

 

 

A.

Discussion and Possible Appointment of Interim City Attorney or Possible Delay of City Attorney's Retirement Date.  The City Council may vote to discuss this matter in executive session pursuant to A.R.S. 38-431.03(A)(1)(Personnel) and (A)(4)(Contract Negotiations)].

 

 

B.

Update on City Attorney Recruitment Process

 

 

 

RECOMMENDED ACTION:

None.

 

 

C.

Discussion of City Council Retreats.

 

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

 

D.

Consideration of Council Discussion:  Boycott and tourism opportunities.

 

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

 

E.

Consideration of Council Discussion:  Walnut Canyon.

 

 

RECOMMENDED ACTION:

None.

 

9.      PUBLIC PARTICIPATION

 

 

10.    INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS

 

 

FOR FUTURE AGENDA ITEMS

 

 

11.    ADJOURNMENT

 

 

NOTICE OF WORK SESSION AND SPECIAL EXECUTIVE SESSION

OF THE FLAGSTAFF CITY COUNCIL

 

 

PURSUANT TO A.R.S. §38-431.02, as amended, NOTICE IS HEREBY given to the general public that the Flagstaff City Council will hold a Special Work Session open to the public on Tuesday, June 15, 2010 immediately following the regularly scheduled Council meeting beginning at 5:30 p.m.

 

 

The meeting will be held in the Staff Conference Room (Second Floor) at CITY HALL which is located at 211 West Aspen Avenue, Flagstaff, Arizona.  The Council at that time will decide whether to hold an Executive Session at said time and location as authorized by A.R.S. §38-431.03(A).  Should the Council convene into Executive Session, that meeting will be closed to the public.

 

 

THE FOLLOWING IS THE AGENDA FOR THE MEETING:

 

 

1.

Call to Order.

 

 

2.

Roll Call:  PRESLER, BABBOTT, BAROTZ, , BREWSTER, EVANS, OVERTON, AND SWANSON

 

 

3.

Consideration of Convening into Executive Session Pursuant to Authority Under:

 

 

 

 

A.R.S. § 38-431.03(A)(1)

(PERSONNEL)

 

 

 

A.R.S. § 38-431.03(A)(2)

(EXEMPT RECORDS)

 

 

X

A.R.S. § 38-431.03(A)(3)

(LEGAL ADVICE)

 

 

X

A.R.S. § 38-431.03(A)(4)

(LITIGATION; CONTRACT NEGOTIATIONS)

 

 

 

A.R.S. § 38-431.03(A)(5)

(EMPLOYEE NEGOTIATIONS)

 

 

 

A.R.S. § 38-431.03(A)(6)

(INTERNATIONAL/INTERSTATE NEGOTIATIONS)

 

 

 

A.R.S. § 38-431.03(A)(7)

(PROPERTY NEGOTIATIONS)

 

 

 

 

EXECUTIVE SESSION AGENDA

 

 

4.

Discussion or Consultation with the City’s Attorneys for Legal Advice and to Consider its Position and Instruct its Attorneys regarding the City’s Position and Negotiation of Contracts Concerning the Aspen/Sawmill Development Agreement, Incentive Development Agreement, and the Aspen/Sawmill Improvement District:  A.R.S. 38 § 431.03(A)(3) (Legal Advice) and A.R.S. 38 § 431.03(A)(4) (Contract Negotiations).

 

5.

Discussion or consultation with the City’s Attorneys for Legal Advice and to
Consider its Position and Instruct its Attorneys regarding the Senate Bill 1070:  Arizona’s recently passed immigration law:  A.R.S.
§ 38-431.03 (A)(3) (Legal Advice) and A.R.S. § 38-431.03 (A)(4)(Contract Negotiations)

6.

Adjournment of Executive Session.