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AGENDA

 

REGULAR COUNCIL MEETING

 

TUESDAY, MARCH 20, 2007

 

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.

 

 

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 Payment of Claims Expenses and/or Settlement Costs:  Garcia versus City of Flagstaff.

 

 

RECOMMENDED ACTION:

Authorize payments not to exceed a total of $50,000.00.

 

7.      CONSENT – CONTRACTUAL

 

A.

Consideration of Change Order No. 1:  Water Quality Study Project.

 

 

RECOMMENDED ACTION:

(1)  Approve Change Order No. 1 to Malcolm Pirnie, Inc., for a cost increase of $82,775.00 and a 324-day contract extension.

 

B.

Consideration of Supplemental License Agreement and Training:  Purchase and implementation of a work order system for the Management Services Division.

 

 

RECOMMENDED ACTION:

Approve the supplemental license agreement with SunGard HTE in an amount not to exceed $144,940.00, plus travel expenses and sales tax, and authorize the City Manager to sign the necessary documents.

 

C.

Consideration of Amendment No. 2 to Design/Build Agreement:  Fire stations relocation program.

 

 

RECOMMENDED ACTION:

(1)

Approve Amendment No. 2 to accept Guaranteed Maximum Price Proposal No. 2 with FCI Constructors, Inc., in the amount of $2,911,643.00, including a contract allowance of $65,000.00, and a contract time of 315 calendar days; and

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

D.

Consideration of Service Agreement:  Legal services.

 

 

RECOMMENDED ACTION:

Authorize entry into contract with Jones Skelton and Hochuli, P.L.C., to perform necessary legal services in connection with municipal defense litigation from time to time as mutually agreed.

 

8.     BOARDS AND COMMISSIONS

 

A.

Consideration of Appointments:  Tourism Commission.

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make one appointment to a hospitality term expiring January, 2010; and one appointment to an at-large term expiring January, 2009.

 

B.

Consideration of Appointments:  Planning and Zoning Commission.

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make three appointments to terms expiring December, 2009.

 

C.

Consideration of Renaming the Adult Center.

 

 

RECOMMENDED ACTION:

The Parks and Recreation Commission recommends the names of (1) Thorpe Park Community Center, (2) Flagstaff Senior Center; and (3) The Community Multi-Generational Center.

 

9.      PUBLIC HEARINGS

 

A.

Consideration of Liquor License Application:  Dominic Labriola, “Dominic’s Italian Bistro”, 1850 N. Fort Valley 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.

 

10.    ORDINANCES AND RESOLUTIONS

 

A.

Consideration of Ordinance No. 2007-13:  An ordinance of the City Council of the City of Flagstaff, Arizona (“City”), amending City Code Section 4-01-001-0005 “Amendments” regarding the International Building Code, 2003 Edition, and the International Residential Code, 2003 Edition.”

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-13 for the final time by title only.

Adopt Ordinance No. 2007-13.

 

B.

Consideration of Ordinance No. 2007-20:  An ordinance adopting the “2007 Draft Amendments to the Land Development Code Regarding the Recommendations of the Community Housing Policy Task Force.”

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-20 for the final time by title only.

Adopt Ordinance No. 2007-20.

 

C.

Consideration of Ordinance No. 2007-23:  An ordinance amending Title 7 of the Water and Wastewater Code to amend wastewater prohibitions and standards for discharge.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-23 for the final time by title only.

Adopt Ordinance No. 2007-23.

 

D.

Consideration of Ordinance No. 2007-24:  An ordinance authorizing the City of Flagstaff to enter into a purchase and sale agreement for the acquisition of real estate at 216 W. Phoenix Avenue, Flagstaff.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-24 for the first time by title only.

 

E.

Consideration of Resolution No. 2007-04:  A resolution approving an agreement for waiver of claims for diminution in value for land use laws applicable to property located at 2650 South Beulah Boulevard, known as the Courtyard Marriot at Flagstaff.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-04 by title only.

Adopt Resolution No. 2007-04.

 

F.

Consideration of Ordinance No. 2007-14:  An ordinance rezoning a total of approximately 6.69 acres of land located at 2650 South Beulah Boulevard from UC, Urban Commercial District, Conditional (6.03 acres) and RR, Rural Residential District (.66 acres), to Urban Commercial District, Conditional.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-14 for the final time by title only.

Adopt Ordinance No. 2007-14.

 

G.

Consideration of Resolution No. 2007-13:  A resolution approving an agreement for waiver of claims for diminution in value for land use laws applicable to property located at 644 North Locust Street.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-13 by title only.

Adopt Resolution No. 2007-13.

 

H.

Consideration of Ordinance No. 2007-22:  An ordinance rezoning a total of approximately 14.38 acres of land located at 644 North Locust Street from RR, Rural Residential, tour, Urban Residential.

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2007-22 for the final time by title only.

Adopt Ordinance No. 2007-22.

 

I.

Consideration of PC SUB 06-021:  A request for tentative plat approval by McMillan Mesa Flagstaff, LLC, for McMillan Mesa Estates, a detached single-family subdivision consisting of thirty-seven lots on approximately 14.38 acres located at 644 North Locust Street in the UR, Urban Residential Zoning District.

 

 

RECOMMENDED ACTION:

The Planning and Zoning Commission recommends approving the tentative plat with the conditions outlined in the staff summary and its attachments, and authorizing the Mayor to sign the final plat and City/Subdivider Agreement when notified by the Development Review Board that all conditions have been met and documents are ready for recording.

 

J.

Consideration of Resolution No. 2007-14:  A resolution approving a development agreement between the City of Flagstaff, Arizona and Cavan Opportunity Fund, L.L.C.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-14 by title only.

Adopt Resolution No. 2007-14.

 

K.

Consideration of PC SUB 06-015:  A request for tentative plat approval by Cavan Opportunity Fund, L.L.C., for McMillan Mesa Village, a subdivision consistent of eleven parcel on an approximately 146-acre site located at 200 East Forest Avenue in the R1 (Single-Family Residential District), MR (Medium Density Residential District), HR, (High Density Residential District), SC (Suburban Commercial District) and BP, (Business Park District).

 

 

RECOMMENDED ACTION:

The Planning and Zoning Commission recommends approving the tentative plat with the conditions outlined in the staff summary and its attachments, and authorizing the Mayor to sign the final plat and City/Subdivider Agreement when notified by the Development Review Board that all conditions have been met and documents are ready for recording.

 

L.

Consideration of Resolution No. 2007-19:  A resolution approving Amendment No. 1 to an intergovernmental agreement between the Arizona Department of Transportation and the City of Flagstaff for the design, construction and maintenance of a multi-use trail and landscaping located at State Route 66 and US Highway 89, for a culvert crossing near Lynch Road and for a fourth leg of Cummings Road.

 

 

RECOMMENDED ACTION:

Read Resolution No. 2007-19 by title only.

Adopt Resolution No. 2007-19.

 

11.    OTHER BUSINESS

 

A.

Discussion and Possible Approval of Proposed Amendments:  Rules of Procedure for the Flagstaff City Council.

 

 

RECOMMENDED ACTION:

Approve the proposed amendments to Section 4, 5, and 6 of the Rules of Procedure.

 

B.

Consideration of Council Request:  City Code amendments regarding paintball facilities.

 

 

RECOMMENDED ACTION:

Discuss and provide direction on possible next steps to be taken, if any.

 

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

 

13.    ADJOURNMENT