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AGENDA

 

 

REGULAR COUNCIL MEETING

TUESDAY

APRIL 17, 2012

 

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.

 

 

 

1.      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).

 

 

 

2.      ROLL CALL:

 

 

 

NOTE:

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

 

 

 

MAYOR PRESLER           

VICE MAYOR BAROTZ             

COUNCILMEMBER BREWSTER           

COUNCILMEMBER EVANS           

 

 

COUNCILMEMBER OVERTON         

COUNCILMEMBER WHITE          

COUNCILMEMBER WOODSON            

 

 

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

 

None.

 

 

4.      LIQUOR LICENSE PUBLIC HEARINGS

 

None.

 

 

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 Construction-Manager-at-Risk Contract:  Design services for the Butler Avenue medians and the South Beaver and Leroux infrastructure improvements.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the Construction-Manager-at-Risk contract with Hunter Contracting Co. in the amount of $38,833.31, with a contract time of 75 calendar days;

 

 

 

(2)

Approve change order authority in the amount of $4,000.00 for unanticipated or additional items of work; and

 

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

 

B.

Consideration and Approval of Construction Contract:  West Street and Arrowhead Avenue reconstruction.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the construction contract with LP’s Excavating and Paving in the amount of $2,663,398.10, including a $145,000.00 contract allowance and a 150-day contract period;

 

 

 

(2)

Approve change order authority in the amount of $251,839.81 (10% of the contract amount excluding allowance) for unanticipated or additional items of work; and

 

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

 

C.

Consideration and Approval of Construction-Manager-at Risk Contract:  2012 street maintenance program.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the Construction-Manager-at-Risk contract with C and E Paving and Grading, LLC for  Guaranteed Maximum Price #1 in an amount not to exceed $790,000.00; and Guaranteed Maximum Price #2 in an amount not to exceed $1,288,950.00;

 

 

 

(2)

Approve change order authority of 5% each for Guaranteed Maximum Price #1 in the amount of $39,500.00 and for Guaranteed Maximum Price #2 in the amount of $64,447.50 to cover potential costs associated with unanticipated or additional items of work; and

 

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

 

D.

Consideration and Approval of Service Agreement:  Flagstaff Pulliam Airport concrete ramp joint replacement design services.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the service agreement with Kimley-Horn and Associates in amount not to exceed $34,700.00;

 

 

 

(2)

Approve change order authority in the amount of $1,735.00 to cover potential costs associated with unanticipated or additional items of work; and

 

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

 

E.

Consideration and Approval of Grant Agreement:  Flagstaff Pulliam Airport Taxiway Alpha rehabilitation and electrical upgrades.

 

 

 

RECOMMENDED ACTION:

Approve the grant agreement with the Arizona Department of Transportation, Multi-Modal Division, in the amount of $92,442.00, with a city match of $92,441.00.

 

 

6.     ROUTINE ITEMS

 

 

A.

Consideration and Adoption of Ordinance No. 2012-04:  An ordinance amending Title 6, Police Regulations, Chapter 6-01, General Offenses, by repealing Section 6-01-001-0016, Search Lights Restricted; and reserving the same for future use.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2012-04 for the final time by title only.

Adopt Ordinance No. 2012-04.

 

 

B.

Consideration and Adoption of Ordinance No. 2012-05:  An ordinance adopting new Title 13 of Flagstaff City Code entitled “Engineering Design and Construction Standards and Specifications for New Infrastructure.”

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2012-05 for the final time by title only.

Adopt Ordinance No. 2012-05.

 

 

C.

Consideration and Adoption of Ordinance No. 2012-06:  An ordinance amending Flagstaff City Code, Title 6, Police Regulations, Chapter 6-01, General Offenses, Section 6-01-001-0013, Weapons, Restrictions, Prohibitions, by clarifying those provisions related to the use and discharge of air guns or air pistols within the City limits; and striking those provisions related to firearms and other deadly weapons.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2012-06 for the final time by title only.

Adopt Ordinance No. 2012-06.

 

 

D.

Consideration and Adoption of Resolution No. 2012-16:  A resolution approving the City of Flagstaff 2012/2013 Annual Action Plan and authorizing its submission to the United States Department of Housing and Urban Development.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2012-16 by title only.

Adopt Resolution No. 2012-16.

 

 

7.     RECESS

 

 

5:30 P.M. MEETING

 

 

8.     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).

 

 

 

9.      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.

 

 

 

10.    ROLL CALL:

 

 

 

NOTE:

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

 

 

 

MAYOR PRESLER           

 

VICE MAYOR BAROTZ             

COUNCILMEMBER BREWSTER           

COUNCILMEMBER EVANS           

COUNCILMEMBER OVERTON         

COUNCILMEMBER WHITE          

COUNCILMEMBER WOODSON            

 

 

 

11.    APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

 

 

PUBLIC PARTICIPATION PROCLAMATIONS, AND RECOGNITION OF OUTGOING

 

 

BOARD AND COMMISSION MEMBERS

 

 

 

a.

Presentation of Proclamation:  Scottish Heritage Month.

 

 

 

b.

Open 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.

 

 

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

 

 

13.    PUBLIC HEARING ITEMS

 

None.

 

 

14.    REGULAR AGENDA

 

 

A.

 

Consideration and Possible Adoption of Ordinance No. 2012-01: An ordinance amending Flagstaff City Code, Title 3, Business Regulations, Chapter 3-02, Pawnbrokers, Secondhand and Junk Dealers, by expanding the definition of secondhand dealers, to include, among other things, previous metal dealers; requiring secondhand and antique dealers to pay a fee for each transaction they are legally required to report; deleting those provisions related to junk dealers and junk collectors; and requiring pawnshops, secondhand dealers and antique dealers to electronically submit reporting information.

 

 

 

RECOMMENDED ACTION:

(1)

Select Ordinance No. 2012-01, Option A or Option B; and

 

 

 

(2)

Read Ordinance No. 2012-01, selected option, for the first time by title only.

 

 

B.

Consideration and Approval of Street Closure:  Human Rights March.

 

 

 

RECOMMENDED ACTION:

Approve the rolling street closures of Aspen Avenue between Sitgreaves and San Francisco Street, San Francisco Street between Aspen Avenue and Birch Avenue, Leroux Street between Birch Avenue and Aspen Avenue on Saturday, April 28, 2012 from 4:00 p.m. through 5:30 p.m.

 

 

15.    DISCUSSION ITEMS

 

 

A.

Consideration/Council Discussion:  Resolution stating that money is not free speech (Citizens United Supreme Court case).

 

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

 

B.

Consideration/Council Discussion:  Definition of schools within the medical marijuana provisions of the Zoning Code.

 

 

 

RECOMMENDED ACTION:

Discuss and provide direction, if any.

 

 

PUBLIC PARTICIPATION

 

 

INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS

 

 

FOR FUTURE AGENDA ITEMS

 

 

16.    ADJOURNMENT