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AGENDA

 

REGULAR COUNCIL MEETING

 

TUESDAY, NOVEMBER 7, 2006

 

CALL TO ORDER

 

COUNCIL CHAMBERS

211 WEST ASPEN AVENUE

6:00 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.

 

 

2.      INVOCATION.

 

 

3.      ROLL CALL:

 

 

 

MAYOR DONALDSON        

VICE MAYOR OVERTON          

COUNCILMEMBER COOPER         

COUNCILMEMBER HAUGHEY          

 

 

COUNCILMEMBER KELTY        

COUNCILMEMBER SWANSON         

COUNCILMEMBER WHITE         

 

4.      MINUTES.

 

 

A.

Consideration of Minutes: Regular Council Meeting of October 17, 2006

 

RECOMMENDED ACTION: Approve the Minutes as submitted/corrected.

 

5.      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 speak.

 

6.      CONSENT - GENERAL:

 

 

ALL MATTERS UNDER ‘CONSENT CALENDAR’ 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 Authorization to Enter Into Settlement and Release Agreement and Stipulation for Entry of Stipulated Judgment:  City of Flagstaff v. W. L. Gore & Associates, et al.

 

 

RECOMMENDED ACTION:

Authorize the Mayor to execute the Settlement and Release Agreement and authorize Ayers & Brown, P.C., to execute the Stipulation for Entry of Stipulated Judgment settling the condemnation action filed in the Coconino County Superior Court for the acquisition of fee interests, a slope easement, a drainage easement, and a temporary construction easement as described in Exhibits 1 through 6 of the Settlement and Release Agreement.

 

B.

Consideration of Confirming Purchase:  Holiday light display and décor.

 

 

RECOMMENDED ACTION:

Approve confirming payment of an additional $6,337.69 to Christmas Light Decorators for the inclusion of “Area Three-South Downtown”.

 

C.

Consideration of Confirming Payments and Payment of Additional Attorneys Fees:  Cable franchise negotiations.

 

 

RECOMMENDED ACTION:

(1) Approve payments made to Miller & Van Eaton for additional time and expenses incurred to date; and (2) approve additional expenditure authority in an amount not to exceed $50,000.000.

 

D.

Consideration of Expenditure Authority:  Legal fees.

 

 

RECOMMENDED ACTION:

Approve expenditure authority to Gammage and Burnham in an amount not to exceed $200,000.00 for various City housing and economic programs.

 

7.      CONSENT – CONTRACTUAL

 

A.

Consideration of Annual Bid:  Black cinders.

 

 

RECOMMENDED ACTION:

Approve the bid from Glory Enterprises, LLC, at a price of $5.00 per ton, plus applicable tax.

 

B.

Consideration of Consulting Service Agreement: Architectural, engineering, and construction management for the northern Arizona science and technology incubator project.

 

 

RECOMMENDED ACTION:

Approve the agreement with Johnson Walzer & Associates in an amount not to exceed $530,000.00, including reimbursable items.

 

C.

Consideration of Service Agreement:  Northern Arizona Technology and Business Incubator.

 

 

RECOMMENDED ACTION:

Approve the agreement with the Northern Arizona Technology and Business Incubator in the amount of $148,000.00 for FY2007; $220,000.00 for FY2008; and $228,800.00 annually thereafter through FY2011.

 

D.

Consideration of Design Phase Services Construction-Manager-at-Risk (CMAR) Contract:  Water source development project.

 

 

RECOMMENDED ACTION:

(1) Approve the CMAR contract with Layne Christensen Company in the amount of $27,965.00, which includes a guaranteed maximum price proposal with guaranteed maximum construction service fees not to exceed 15% of the project cost; and (2) authorize the City Manager to execute the necessary documents.

 

E.

Consideration of Reimbursable Agreement:  Pulliam Airport Master Plan Improvements, Runway 3-21 extension and safety area project.

 

 

RECOMMENDED ACTION:

Approve the agreement with the Federal Aviation Administration in the amount of $18,950.00 and authorize the City Manager to execute the necessary documents.

 

F.

Consideration of Grant Agreement:  Driving or operating under the influence abatement for DUI abatement.

 

 

RECOMMENDED ACTION:

Approve the grant agreement with the Oversight Council on Driving or Operating Under the Influence Abatement for DUI Enforcement and authorize acceptance of the grant funds in the amount of $26,400.00.

 

G.

Consideration of Intergovernmental Agreement:  Coconino County Free Library Tax District.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County.

 

H.

Consideration of Intergovernmental Agreement:  Fire protection and emergency medical services.

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Lockett Ranches Fire District.

 

8.     BOARDS AND COMMISSIONS

 

No items were submitted.

 

9.      PUBLIC HEARINGS

 

A.

Consideration of Liquor License Application:  José R. Acosta, “Tacos Los Altos”, 3650 E. Route 66, 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.

 

10.    ORDINANCES AND RESOLUTIONS

 

A.

Consideration of Ordinance No. 2006-25:  An ordinance of the City Council of the City of Flagstaff, Arizona amending Title 3 of the Flagstaff City Code and adopting by reference new Chapter 3.09 regarding the grant, modification, renewal, transfer and regulation of cable licenses.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-25 for the final time by title only.

Adopt Ordinance No. 2006-25.

 

B.

Consideration of Resolution No. 2006-72:  A resolution authorizing the City of Flagstaff (“City”) to enter into a cable services license agreement, a broadband network agreement (“Citynet Agreement”) and a letter agreement with NPG Cable of Arizona, Inc. (“NPG”).

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-72 by title only.

Adopt Resolution No. 2006-72.

 

C.

Consideration of Resolution No. 2006-70:  A resolution designating the document known as the “Engineering Design and Construction Standards and Specifications, 2006 Edition” as a public record.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-70 by title only.

Adopt Resolution No. 2006-70.

 

D.

Consideration of Ordinance No. 2006-26:  An ordinance adopting the Engineering Design and Construction Standards and Specifications, 2006 Edition.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-26 for the first time by title only.

 

E.

Consideration of Ordinance No. 2006-27:  An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the 2006 Revisions to Title 7 of the Flagstaff Water and Wastewater Code to update system capacity fees, user fees, service fees and provide for a water resource development fee.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-27 for the final time by title only.

Adopt Ordinance No. 2006-27.

 

F.

Consideration of Ordinance No. 2006-28:  An ordinance rezoning approximately 5.03 acres of land located at 2500 South Woody Mountain Road from RR, Rural Residential District, to HR, High Density Residential District.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-28 for the first time by title only.

 

G.

Consideration of Ordinance No. 2006-29:  An ordinance dedicating City of Flagstaff land as a public right of way at the Flagstaff Pulliam Airport Airpark.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-29 for the first time by title only.

 

H.

Consideration of Ordinance No. 2006-31:  An ordinance amending rezoning Ordinance No. 2006-13 to correct the legal descriptions attached to Ordinance No. 2006-13, and declaring an emergency.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-31 for the first time by title only.

 

I.

Consideration of Ordinance No. 2006-32:  An ordinance of the City of Flagstaff adding Sections 06-10-001-0001 and 06-10-001-0002 to the Flagstaff City Code relating to the sale of products containing ephedrine or pseudoephedrine.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-32 for the first time by title only.

 

J.

Consideration of Ordinance No. 2006-33:  An ordinance approving an agreement with Coconino County for a temporary easement for water well exploration and option to purchase perpetual production water well easement at Ft. Tuthill.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-33 for the first time by title only.

 

K.

Consideration of Resolution No. 2006-74:  A resolution approving a cooperative funding agreement between the City of Flagstaff (“City”) and the Guidance Center, Inc. (“Guidance Center”) for the establishment, operation, and maintenance of an intake triage unit for the initial detoxification treatment and care of publicly intoxicated persons.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-74 by title only.

Adopt Resolution No. 2006-74.

 

11.    OTHER BUSINESS

 

 

A.

Consideration of City Council Retreat Dates and Topics, Candidates for Interim/Acting City Manager and Interview Schedule, and Process for Recruitment of Permanent City Manager.

 

 

 

RECOMMENDED ACTION:

Due to the nature of this item, staff has no recommendation.

 

12.       INFORMATIONAL ITEMS TO OR FROM MAYOR, COUNCIL, OR CITY MANAGER

 

13.    ADJOURNMENT