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DRAFT AGENDA

 

 

REGULAR COUNCIL MEETING

TUESDAY

JUNE 16, 2009

 

CALL TO ORDER

 

 

COUNCIL CHAMBERS

211 WEST ASPEN AVENUE

5:30 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, 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 November 4, 2008 and May 19, 2009 and the Special Council Meeting of April 27, 2009.

 

RECOMMENDED ACTION: Approve the minutes as submitted/corrected.

 

 

4.      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 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 the Amendment to and Closing Out of Application:  1992 Airport Passenger Facility Charges (construction of terminal building and related infrastructure).

 

 

 

RECOMMENDED ACTION:

(1)

Amend the application to actual cost of construction in the amount of $1,775,294.00;

 

 

 

(2)

Close the 1992 Airport Passenger Facility Charge Application; and

 

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

 

B.

Consideration of the Application:  Airport Passenger Facility Charges (Airport Runway Extension project).

 

 

 

RECOMMENDED ACTION:

(1)

Approve the application to the Federal Aviation Administration;

 

 

 

(2)

Authorize a $3.00 per enplanement Passenger Facility Charge to reimburse the City for the City?s match portion of the runway extension project in the amount of $1,157,023.00; and

 

 

 

(3)

Authorize the City Manager to execute the necessary documents.

 

 

C.

Consideration of Miscellaneous Receivable Write-Offs:  Fiscal Year ending June 30, 2009.

 

 

 

RECOMMENDED ACTION:

Approve write-off of miscellaneous receivable accounts totaling $7,081.09.

 

 

D.

Consideration of Annual Proposals:  Temporary personnel services.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the annual proposals from Performance Staffing, Kelly Services, and Arizona Labor Forceat the hourly rate as in the staff summary attachment; and

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

E.

Consideration of Annual Purchase:  Computer hardware and software maintenance.

 

 

 

RECOMMENDED ACTION:

Authorize payments in the total amount of $593,627.00, plus applicable sales tax and a 10% contingency, to the vendors listed in the staff summary attachment.

 

 

F.

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

 

 

RECOMMENDED ACTION:

Authorize the issuance of blanket purchase orders to the vendors and at the amounts indicated on the staff summary attachment.

 

 

G.

Consideration of Employment Agreement:  City Attorney.

 

 

 

RECOMMENDED ACTION:

Reappoint Patricia J. Boomsma as the City Attorney for the City of Flagstaff and approve the employment agreement.

 

 

H.

Consideration of Construction Manager at Risk Contract No. 2:  Sinagua Well Waterline connections and well building modifications.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the construction manager at risk contract with Woodruff Construction for a guaranteed maximum price in an amount not to exceed $1,350,266.34; which includes an owner?s contract allowance in the amount of $50,000.00 and a contractor?s allowance in the amount of $75,000.00; and

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

I.

Consideration of Construction Manager at Risk Contract No. 3:  Ft. Tuthill well house.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the construction manager at risk contract with Woodruff Construction for a guaranteed maximum price in the amount not to exceed $1,045,069.19; which includes an owner?s contingency in the amount of $80,000.00 and a contractor?s contingency in the amount of $45,000.00; and

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

J.

Consideration of Construction Contract:  Rio Well landscaping project.

 

 

 

RECOMMENDED ACTION:

(1)

Award the construction contract to Warner?s Landscaping in an amount of $85,000.00, which includes a contract allowance of $6,543.77 (8%) to cover potential costs associated with unanticipated or additional items of work; and

 

 

 

 

(2)

Authorize the City Manager to execute the necessary documents.

 

 

K.

Consideration of Consulting Service Contract:  Lone Tree overpass study.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the consulting service contract to  PB Americans, Inc., in the amount of $250,962.00, which includes a contract allowance of $22,815.00 (10%), and a contract period of 215 days;

 

 

 

(2)

Authorize the City Manager to execute the necessary documents; and

 

 

 

(3)

Authorize change order authority in the amount of $22,815.00 (10%) to cover potential costs associated with unanticipated or additional items of work.

 

 

L.

Consideration of Consulting Service Contract:  Fourth Street corridor study - north.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the consulting service contract with Otak, Inc., in an amount not to exceed $240,711.00;

 

 

 

(2)

Authorize the City Manager to execute the necessary documents; and

 

 

 

(3)

Authorize change order authority in the amount of $9,289.00 to cover potential costs associated with unanticipated or additional items of work.

 

 

M.

Consideration of Consulting Service Contract:  Fourth Street corridor study - south.

 

 

 

RECOMMENDED ACTION:

(1)

Approve the consulting services contract to PB Americans, Inc., in an amount of $101,792.00, which includes a contract allowance in the amount of $9,254.00 (10%), and a contract period of 184 days;

 

 

 

(2)

Authorize the City Manager to execute the necessary documents; and

 

 

 

(3)

Authorize change order authority in the amount of $9,254.00 (10%) to cover potential costs associated with unanticipated or additional items of work.

 

 

N.

Consideration of Social Services Contract:  United Way of Northern Arizona.

 

 

 

RECOMMENDED ACTION:

Approve the service agreement with United Way of Northern Arizona in the amount of $301,032.00 for Fiscal Year 2009-2010.

 

 

O.

Consideration of Amendment Two to Service Agreement:  Community Homebuyer Assistant Program.

 

 

 

RECOMMENDED ACTION:

(1)

Approve amendment two with BOTHANDS, Inc., in the amount not to exceed $290,000.00; and

 

 

 

(2)

Authorize the City Manager to sign the necessary documents.

 

 

P.

Consideration of Two Year Extension of Lease Agreement:  Pulliam Airport ticket counter and office space lease.

 

 

 

RECOMMENDED ACTION:

Approve the two-year extension with Horizon Air Industries, Inc., per the changes outlined in the staff summary attachment.

 

 

Q.

Consideration of Grant Application and Acceptance of Grant Award:  2009 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 $72,338.00.

 

 

R.

Consideration of Intergovernmental Agreement:  2008 Byrne Justice Assistance Grant program.

 

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Coconino County.

 

 

S.

Consideration of Intergovernmental Agreement:  Law enforcement information sharing.

 

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with Maricopa County Sheriff?s Office.

 

 

T.

Consideration of Amendment No. 1 to Intergovernmental Agreement:  Flagstaff Urban Trail System Route 66 downtown trail project.

 

 

 

RECOMMENDED ACTION:

Approve Modification No. 1 to the intergovernmental agreement with the State of Arizona.

 

 

U.

Consideration of PC SU 2009-001:  A request for final plat approval by Yale Plaza LLC, for the Yale Plaza Professional Office Condominiums, a six unit business condominium subdivision on a .6 acre parcel located at 1501 South Yale Street in the C3-E, Highway Commercial Zoning District establishment.

 

 

 

RECOMMENDED ACTION:

Approve the final plat.

 

 

V.

Consideration of Change in Meeting Time:  August 4, 2009 Council Meeting.

 

 

 

RECOMMENDED ACTION:

Reschedule beginning time of the August 4, 2009, Council meeting to begin at 6:00 p.m.

 

 

6.     PUBLIC HEARING ITEMS

 

 

A.

Consideration of Liquor License Application:  James Leonora, ?Butler Chevron?? 2295 E. Butler Ave., Series 10, 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.

 

 

B.

Consideration of Liquor License Application:  Danny Thomas, ?Cheba Hut?, 1411 S. Milton 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.

 

 

C.

Consideration of Liquor License Application:  Maipal Patel, ?Five Points Station?? 222 S. Milton Road, Series 10, 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.

 

 

D.

Consideration of Public Hearing:  ?2009 Amendments to the Flagstaff City Code, Chapter 10-08, Signs and Lighting, to Provide New Standards for a ?Flagstaff Auto Park District Area of Special Designation??.

 

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

 

E.

Consideration of Resolution No 200-30:  A resolution designating the document entitled the ?2009 Amendments to the Flagstaff City Code, Chapter 10-08, Signs and Lighting, to Provide New Standards for a ?Flagstaff Auto Park District Area of Special Designation??, as a public record.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-30 by title only.

Adopt Resolution No. 2009-30.

 

 

F.

Consideration of Ordinance No. 2009-17:  An ordinance adopting that certain document entitled ?2009 Amendments to the Flagstaff City Code, Chapter 10-08, Signs and Lighting, to Provide New Standards for a ?Flagstaff Auto Park District Area of Special Designation??, and thereby amending Title 10, ?Land Development Code,? of the City Code of the City of Flagstaff by amending Chapter 10-08, Signs and Lighting.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-17 for the first time by title only.

Read Ordinance No. 2009-17 for the final time by title only.

Adopt Ordinance No. 2009-17.

 

 

7.      REGULAR AGENDA

 

 

A.

Consideration of Applicants for Appointments:  Beautification and Public Art Commission  [The City Council may vote to discuss this matter in executive session pursuant to A.R.S. §38-431.03(A)(1).  The names of the applicants may be obtained by contacting the City Clerk.]

 

 

 

RECOMMENDED ACTION:

Make four appointments as follows: one appointment to partial at-large term expiring June, 2010; one appointment to an at-large term expiring June, 2012; one appointment to a hospitality term expiring June, 2012; and one appointment to a design professional term expiring June 2012.

 

 

B.

Consideration of Resolution No. 2009-08:  A resolution of the City Council of the City of Flagstaff, Arizona, declaring as a public record that certain document filed with the City Clerk entitled ?2009 Amendments to City Code, Tile 4, Building Regulations?.

 

 

 

RECOMMENDED ACTION:

(1)

Adopt Chapter 4 of the 2006 International Energy Conservation Code (IECC) in its entirety.

 

 

 

 

(2)

Adopt all or a portion of the edits to the ?2009 Amendments to City Code, Title 4, Building Regulations? as follows:

 

 

 

 

§    

Approve the deletion of redundant or obsolete language in Title 4, Chapter 1 through 10.

 

 

 

 

§    

Approve the amendments relating to clarifying language in Title 4, Chapters 1 through 10 and to conform with statutory requirements, where necessary.

 

 

 

 

§    

Approve the amendments for structural items on working drawings.

 

 

 

 

§    

Approve the amendments to the fee table.

 

 

 

 

§    

Approve the addition/deletion of language to definitions for accessory energy systems, condominiums, inspections, unsafe equipment, human occupancy, unlawful structures, prohibited occupancy, mixed-use occupancy, and fire resistive construction.

 

 

 

(3)

Adopt all or a portion of the new voluntary best practices as follows:

 

 

 

 

§    

Approve the addition of IECC Section 405.1, Future Solar Water Heater, to Title 4, Chapter 9.

 

 

 

 

§    

Approve the addition of IECC Section 405.1, Future Solar Water Heater, to Title 4, Chapter 9.

 

 

 

 

§    

Approve the addition of IECC Section 405.2, Future Solar Photo Voltaic, to Title 4, Chapter 9.

 

 

 

 

§    

Approve the addition of IECC Section 405.3, Future Alternative Energy Systems (Wind Turbine or Geothermal), to Title 4, Chapter 9.

 

 

 

 

§    

Approve the addition of IECC Section 405.4, Voluntary Sustainability Programs, to Title 4, Chapter 9.

 

 

 

 

§    

Approve the addition of IECC Section 405.5, Jump Ducts, to Title 4, Chapter 9.

 

 

 

 

§    

Approve the addition of IECC Section 405.6, Exterior Wall Insulation, to Title 4, Chapter 9.

 

 

 

 

§    

Approve the addition of IECC Section 405.7, Energy Star Appliances, to Title 4, Chapter 9.

 

 

 

 

§    

Approve the addition of IECC Section 405.8, Hot Water Supply Line Insulation Upgrade, to Title 4, Chapter 9.

 

 

 

 

§    

Approve the addition of IECC Section 405.9, Protection of Cold Water Supply Lines, to Title 4, Chapter 9.

 

 

 

(4)

Adopt all or a portion of the mandatory amendments to the 2006 International Energy Conservation Code.

 

 

 

 

§    

Approve the addition of Appendix R, Straw Bale Construction Guide, to Title 4, Chapter 9.

 

 

 

 

§    

Approve the addition of IECC Section 403.4, Furnaces, to Title 4, Chapter 9.

 

 

 

 

§    

Remove the limitation on number of solid fuel burning devices per structure in Title 4, Chapter 2 and 9.

 

 

 

(5)

Read Resolution No. 2009-08 by title only.

Adopt Resolution No. 2009-08.

 

 

C.

Consideration of Ordinance No. 2009-06:  An ordinance of the City Council of the City of Flagstaff, Arizona, amending Flagstaff City Code, Tile 4, Building Regulations, by adopting the ?2009 Amendments to the City Code, Title 4, Building Regulations?, by reference.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-06 for the first time by title only.

 

 

D.

Consideration of Ordinance No. 2009-16:  An ordinance of the City Council of the City of Flagstaff, Arizona, adopting the ?2009 Amendments to the City of Flagstaff City Code Title 3, Privilege and Excise Taxes, Regarding Out-of-State Sales, Solar Energy Devices, Architectural, Engineering and Development Fees, and Extension for Filing a Petition for an Administrative Review? by reference, thereby amending the Flagstaff City Code Section 3-05-001-0100, Words of Tense, Number and Gender, Code Reference; and General Definitions; Section 3-05-004-0415, Construction Contracting; Construction Contractors; Section 3-05-004-0416, Construction Contracting, Speculative Builders; Section 3-05-004-0417, Construction Contracting; Owner-Builders who are not Speculative Builders, Sections 3-05-004-0450, Rental, Leasing, and Licensing for the use of Tangible Personal Property, Section 3-05-004-0465, Retail Sales: Exemptions; Section 3-05-005-0570, Administrative Review, Petition for Hearing or for Redetermination; Finality of Order; to provide for amendments regarding out-of-state sales, solar energy devices, architectural, engineering and development fees, and extension for filing a petition for an administrative  review.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-16 for the final time by title only.

Adopt Resolution No. 2009-16.

 

 

E.

Consideration of Ordinance No. 2009-18:  An ordinance authorizing the City of Flagstaff to enter into the first amendment to Development and Disposition Agreement with Hawkins Companies, L.L.C. for the sale and development of approximately 33 acres of land at Fourth Street and Route 66.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-18 for the first time by title only.

Read Ordinance No. 2009-18 for the second by title only.

Adopt Ordinance No. 2009-18.

 

 

F.

Consideration of Ordinance No. 2009-20:  An ordinance of the Council of the City of Flagstaff, Arizona, approving the form and authorizing the execution and delivery of a loan agreement with the Water Infrastructure Authority of Arizona and, if necessary, guaranty or similar agreements to provide reserve fund surety bonds or insurance policies necessary in connection therewith; delegating the determination of certain matters relating thereto to the Interim Management Services Director of the City; providing for the transfer of certain moneys and making certain covenants and agreements with respect thereto; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by such loan agreements, such guaranty or similar agreements and this ordinance and declaring an emergency.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2009-20 for the first time by title only.

Read Ordinance No. 2009-20 for the second by title only.

Adopt Ordinance No. 2009-20.

 

 

G.

Consideration of Resolution No. 2009-31:  A resolution approving a ground lease between the City of Flagstaff and Aztec Acres Corporation.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-31 by title only

Adopt Resolution No. 2009-31.

 

 

H.

Consideration of Resolution No. 2009-35:  A resolution authorizing the submission of a pass-through grant application to the Gila River Indian Community for Pine Forest Association for funding to build a new, green, energy efficient school and authorizing the acceptance upon award of the grant agreement.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2009-35 by title only.

Adopt Resolution No. 2009-35.

 

 

I.

Consideration of Submission of Resolutions:  2010 League of Cities and Towns resolutions.

 

 

 

RECOMMENDED ACTION:

Review, discuss, and approve resolutions to submit to the 2010 League Resolutions Committee.

 

 

8.      COUNCIL DISCUSSION ITEMS

 

 

A.

Consideration of Council Discussion:  Coconino County Energy Efficiency Program.

 

 

 

RECOMMENDED ACTION:

Discuss and provide direction.

 

 

9.      PUBLIC PARTICIPATION

 

 

10.    INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF,

 

 

REQUESTS FOR FUTURE AGENDA ITEMS

 

 

11.    ADJOURNMENT

 

 

SPECIAL COUNCIL MEETING

 

 

TUESDAY, JUNE 16, 2009

6:30 P.M.

 

CALL TO ORDER

 

COUNCIL CHAMBERS

211 WEST ASPEN AVENUE

 

 

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

 

 

 

MAYOR PRESLER              

COUNCILMEMBER BREWSTER       COUNCILMEMBER EVANS               

COUNCILMEMBER HAUGHEY         

 

 

COUNCILMEMBER OVERTON         

COUNCILMEMBER SWANSON        

COUNCILMEMBER WHITE     

 

 

3.

Consideration of Public Hearing:  Truth in Taxation, proposed Fiscal Year 2009/2010 budget, and property tax levy.

 

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

 

4.

Consideration of Approval:  Annual property tax level.

 

 

 

RECOMMENDED ACTION:

Approve by roll-call vote the proposed change in property tax level as required through Truth in Taxation disclosure.

 

 

5.

Consideration of Resolution No. 2008-28:  A resolution for the adoption of the budget for Fiscal Year 2009-2010; anAd declaring an emergency.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2008-28 by title only.

Adopt Resolution No. 2008-28.

 

 

6.         ADJOURNMENT OF SPECIAL COUNCIL MEETING