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AGENDA

 

 

REGULAR COUNCIL MEETING

TUESDAY

DECEMBER 20, 2011

 

COUNCIL CHAMBERS

211 WEST ASPEN AVENUE

12:00 NOON AND 5:30 P.M.

 

12:00 NOON MEETING

 

 

 

Individual Items on the 12:00 noon meeting agenda may be postponed to the 5:30 meeting.

 

 

 

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.      ROLL CALL:

 

 

 

NOTE:

One or more Councilmembers may be in attendance telephonically or by other technological means.

 

 

 

MAYOR PRESLER           

VICE MAYOR BAROTZ            

COUNCILMEMBER BABBOTT           

COUNCILMEMBER BREWSTER           

 

COUNCILMEMBER EVANS           

COUNCILMEMBER OVERTON         

COUNCILMEMBER WHITE          

 

 

2.      PUBLIC PARTICIPATION.

 

 

 

Public Participation enables the public to address the Council about an item that is not on the agenda.  Comments relating to items that are on the agenda will be taken at the time that the item is discussed.

 

If you wish to address the Council at tonight's meeting, 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.

 

 

3.      BOARD AND COMMISSION APPOINTMENTS

 

 

No items were submitted.

 

 

4.      LIQUOR LICENSE PUBLIC HEARINGS

 

 

A.

Consideration of and Action on Liquor License Application:  Karan Patel, “Ponderosa Bar & Grill”, 2200 E. Butler Avenue, Series 06, Person Transfer.

 

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

The 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.

 

 

5.     CONSENT ITEMS

 

 

 

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 and Approval of Purchase Under the Arizona State Contract and the Western States Contract Alliance Contract:  Tires, tubes and recaps.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the purchase, on an as needed basis, through the Arizona State Contract and the Western States Contract Alliance contract.

 

 

B.

Consideration and Approval of Lease Agreement:  Cogdill Recreation Center.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the lease between the City of Flagstaff and the Boys and Girls Club of Flagstaff (BGCF) for a monthly lease fee of $1.00 for an initial term of five years, and an option for one 5-year extension;

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

C.

Consideration and Approval of Settlement Agreement:  Westcor v. City of Flagstaff.

 

 

 

RECOMMENDED ACTION:

Approve the settlement agreement with Westcor Company Limited Partnership, Flagstaff Mall SPE LLC, and Railhead Associates, L.L.C. (collectively “Westcor”).

 

 

D.

Consideration and Approval of Intergovernmental Agreement:  Election services.

 

 

 

RECOMMENDED ACTION:

Approve Intergovernmental Agreement with the Coconino County Recorder’s Office for the March 13 and May 15, 2012, primary and general mail ballot elections at a cost of $2.00 per registered voter, plus actual costs incurred for outreach and other administrative services.

 

 

E.

Consideration and Approval of Modification to Cooperative Law Enforcement Agreement and Associated FY12 Annual Operating Plan and Financial Plan:  Dispatch services.

 

 

 

RECOMMENDED ACTION:

Approve the modification to the Cooperative Law Enforcement Agreement and the FY12 Annual Operating and Financial Plan with the U.S. Forest Service for dispatching services.

 

 

F.

Consideration and Approval of Section 8 Housing Adjustment:  Section 8 Housing Choice Voucher Program.

 

 

 

RECOMMENDED ACTION:

Approve the increase in the Section 8 Housing Choice Voucher Program payment standard to 120% of Section 8 Fair Market Rents.

 

 

G.

Consideration and Approval of Release Agreement:  Presidio in the Pines.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the Release Agreement between the City of Flagstaff and American Contractors Indemnity Company; and,

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

6.     ROUTINE ITEMS

 

 

A.

Consideration and Adoption of Ordinance No. 2011-25:  An ordinance of the City Council of the City of Flagstaff, Arizona, amending the Flagstaff City Code, by adding a new Title 14, Human Relations, Chapter 1, Domestic Partnership Registry; renumbering Title 13, Special Ordinances, to Title 20, Special Ordinances; and Reserving Title 13, Title 15, Title 16, Title 17, Title 18, and Title 19 for future use.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2011-25 for the final time by title only.

Adopt Ordinance No. 2011-25.

 

 

B.

Consideration and Adoption of Ordinance No. 2011-26:  An ordinance amending Flagstaff City Code, Title 9, Transportation, Chapter 9-05, Bicycles, by revising and replacing outdated regulations; clarifying the duties and responsibilities of bicycle riders on the City’s rights-of-way; and adopting provisions related to the registration of bicycles.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2011-26 for the final time by title only.

Adopt Ordinance No. 2011-26.

 

 

C.

Consideration and Adoption of Ordinance No. 2011-29:  An ordinance of the Council of the City of Flagstaff, Coconino County, Arizona, abandoning whatever right, title, or interest it has in an approximately seven square foot portion of public right-of-way generally located at Huntington and Horizon Drive to LNN Enterprises, Inc.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2011-29 for the final time by title only.

Adopt Ordinance No. 2011-29.

 

 

D.

Consideration and Adoption of Ordinance No. 2011-31:  An ordinance amending Title 2, Boards and Commissions, by adding Chapter 2-02, Building and Fire Code Board of Appeals; amending Title 4, Building Regulations, Chapter 4-01, Administrative Enactments, Section 4-01-001-0005, Amendments, Additions, and Deletions, by adding a provision related to the Building and Fire Code Board of Appeals; amending Title 5, Fire Code, Chapter 5-02, Fire Code, Section 5-02-001, Fire Code, Subsection 5-02-001-0005, Amendments, by adding a provision related to the Building and Fire Code Board of Appeals; and repealing resolutions Nos. 1565 and 2001-42 related to the creation and term limits of the Building and Fire Code Board of Appeals.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2011-31 for the first time by title only.

 

 

E.

Consideration and Adoption of Ordinance No. 2011-32:  An ordinance amending Chapter 3-11, Development Fees, by combining Division 3-11-007, Police Protection Development Fee, and Division 3-11-008, Fire Protection Development Fee into Division 3-11-007; amending the Title of Division 3-11-007 from “Police Protection Development Fee” to “Police and Fire Protection Development Fee”; amending residential and nonresidential development fees in Section 3-11-007, Police and Fire Protection Development Fees; deleting Section 3-11-007-0003, Development Fees for Residential Development, Section 3-11-007-004, Development Fee for Nonresidential Development, and Division 3-11-008, Fire Protection Development Fee; and declaring an effective date.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2011-32 for the final time by title only.

Adopt Ordinance No. 2011-32.

 

 

F.

Consideration and Possible Adoption of Ordinance No. 2011-33:  An ordinance amending Flagstaff City Code Title 2, Boards and Commissions, by repealing Title 2, Chapter 2-09, Citizens Advisory Commission on Aging, and reserving the same for future use.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2011-33 for the first time by title only.

 

 

G.

Consideration and Possible Adoption of Ordinance No. 2011-34:  An ordinance amending Flagstaff City Code Title 2, Boards and Commissions, by repealing Title 2, Chapter 2-06, Safety Commission, and reserving the same for future use.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2011-34 for the first time by title only.

 

 

H.

Consideration and Adoption of Resolution No. 2011-44:  A resolution  authorizing the transfer of funds between funds.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-44 by title only.

Adopt Resolution No. 2011-44.

 

 

7.     RECESS

 

 

 

5:30 P.M. MEETING

 

 

 

 

RECONVENE REGULAR MEETING

 

 

 

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).

 

 

 

8.      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.

 

 

 

 

9.      ROLL CALL:

 

 

 

NOTE:

One or more Councilmembers may be in attendance telephonically or by other technological means.

 

 

 

MAYOR PRESLER           

VICE MAYOR BAROTZ            

COUNCILMEMBER BABBOTT           

COUNCILMEMBER BREWSTER           

 

COUNCILMEMBER EVANS           

COUNCILMEMBER OVERTON         

COUNCILMEMBER WHITE          

 

 

 

10.    APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

 

 

 

11.    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.  Comments relating to items that are on the agenda will be taken at the time that the item is discussed.

 

If you wish to address the Council at tonight's meeting, 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.

 

 

12.    CARRY OVER ITEMS FROM THE 12:00 NOON AGENDA

 

 

13.    PUBLIC HEARING ITEMS

 

 

No Items were submitted.

 

 

14.    REGULAR AGENDA

 

 

A.

Consideration and Adoption of Resolution No. 2011-43:  A resolution approving the City of Flagstaff’s Modification of Designation of Adequate Water Supply Application.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2011-43 by title only.

Adopt Resolution No. 2011-43.

 

 

B.

Consideration and Approval of Legislative Agenda:  2012 Legislative Agenda Amendments.

 

 

 

RECOMMENDED ACTION:

Approve the amendments to the 2012 Legislative Agenda.

 

 

15.    DISCUSSION ITEMS

 

 

No Items were submitted.

 

 

16.    PUBLIC PARTICIPATION

 

 

 

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

 

 

FOR FUTURE AGENDA ITEMS

 

 

 

18.    ADJOURNMENT