DRAFT AGENDA
4:00 P.M. MEETING
Individual Items on the 4:00 p.m. meeting agenda may be postponed to the 6:00 p.m. meeting.
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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).
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2. | ROLL CALL
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3. | PLEDGE OF ALLEGIANCE AND MISSION STATEMENT
MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life of its citizens. |
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4. | APPROVAL OF MINUTES FROM PREVIOUS MEETINGS | |||||||||
5. | PUBLIC PARTICIPATION Public Participation enables the public to address the Council about an item that is not on the agenda (or is listed under Possible Future Agenda Items). 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 speak. At 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. |
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6. |
PROCLAMATIONS AND RECOGNITIONS |
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7. | APPOINTMENTS 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 the City Council may vote to go into executive session, which will not be open to the public, for the purpose of discussing or considering employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1). None |
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8. | LIQUOR LICENSE PUBLIC HEARINGS | |||||||||
A. |
Consideration and Action on Liquor License Application: Lauren Merrett, “Pine Canyon Club", 3000 S. Clubhouse Circle., Series 10 (beer and wine store), New License. |
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RECOMMENDED ACTION: | ||||||||||
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. |
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9. | 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. |
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A. | Consideration and Approval of Contract: Five Points - Clay Avenue Wash Drainage Improvement Project. (Approve contract with JNL Contracting, Inc.) | |||||||||
RECOMMENDED ACTION: | ||||||||||
2) Approve change order authority to the City Manager in the amount of $10,988.00 (10% of contract amount) 3) Authorize the City Manager to execute the necessary documents |
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10. | ROUTINE ITEMS | |||||||||
A. | Consideration of Appointment of On Call Judges for the Flagstaff Municipal Court. | |||||||||
RECOMMENDED ACTION: | ||||||||||
Approve the appointments as recommended by Hon. Thomas L. Chotena, Presiding Magistrate of the Flagstaff Municipal Court.
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RECESS
6:00 P.M. MEETING RECONVENE |
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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).
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11. | ROLL CALL
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12. | PUBLIC PARTICIPATION | |||||||||
13. | CARRY OVER ITEMS FROM THE 4:00 P.M. AGENDA |
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14. | PUBLIC HEARING ITEMS None |
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15. | REGULAR AGENDA | |||||||||
A. | Consideration to re-open discussion on the Principles of Sound Water Management | |||||||||
RECOMMENDED ACTION: | ||||||||||
Provide direction to staff on which component(s) of the Principles of Sound Water Management that Council would like to discuss
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B. | Consideration and Approval of Amendments to the Rules of Procedure | |||||||||
RECOMMENDED ACTION: | ||||||||||
Discuss and possibly approve the proposed changes to Rules 7.03, 9.01, 9.02, and 10.02.
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16. | DISCUSSION ITEMS None |
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17. | POSSIBLE FUTURE AGENDA ITEMS Verbal comments from the public on any item under this section must be given during Public Participation near the beginning of the meeting. Written comments may be submitted to the City Clerk. After discussion and upon agreement of three members of the Council, an item will be moved to a regularly-scheduled Council meeting. |
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A. | Request by Councilmember Evans to place the selection process for Council Appointment Committee members on a future agenda for discussion | |||||||||
18. | INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS FOR FUTURE AGENDA ITEMS | |||||||||
19. | ADJOURNMENT |
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8.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Action on Liquor License Application: Lauren Merrett, “Pine Canyon Club", 3000 S. Clubhouse Circle., Series 10 (beer and wine store), New License. |
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RECOMMENDED ACTION: | |||||
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. |
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Executive Summary: | |||||
An application for a new Series 10 (beer and wine store) liquor license was received from Lauren Merrett for Pine Canyon Club, 3000 S. Clubhouse Circle. This is an existing business that wants to sell beer and wine. | |||||
Financial Impact: | |||||
There is no budgetary impact to the City of Flagstaff as this is a recommendation to the State. | |||||
Connection to Council Goal and/or Regional Plan: | |||||
Regulatory action. | |||||
Has There Been Previous Council Decision on This: | |||||
Not applicable. | |||||
Options and Alternatives: | |||||
1) Table the item if additional information or time is needed. 2) Make no recommendation. 3) Forward the application to the State with a recommendation for approval. 4) Forward the application to the State with a recommendation for denial, stating the reasons for such recommendation. |
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Background/History: | |||||
An application for a new Series 10 (beer and wine store) liquor license was received from Lauren Merrett for Pine Canyon Club, 3000 S. Clubhouse Circle. This is an existing business that wants to sell beer and wine. A background investigation performed by Sgt. Matt Wright of the Flagstaff Police Department resulted in a recommendation for approval. A background investigation performed by Tom Boughner, Code Compliance Manager, resulted in no active code violations being reported. Sales tax and licensing information was reviewed by Ranbir Cheema, Tax, Licensing & Revenue Manager, who stated that the business is in compliance with the tax and licensing requirements of the City. |
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Key Considerations: | |||||
Because the application is for a new license, consideration may be given to both the applicant's personal qualifications and the location. A Series 10 (beer and wine store) license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. The deadline for issuing a recommendation on this application is February 3, 2015. For a Series 10 (beer and wine store) license, the applicant is required to provide the distance between the applicant’s business and the nearest church or school for government; the State does not require a geological map or list of licenses in the vicinity for any license series. |
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Expanded Financial Considerations: | |||||
This business will contribute to the tax base of the community. We are not aware of any other relevant considerations. | |||||
Community Benefits and Considerations: | |||||
The application was properly posted on January 9, 2015. No written protests have been received to date. | |||||
Community Involvement: | |||||
Inform | |||||
Expanded Options and Alternatives: | |||||
1) Table the item if additional information or time is needed. 2) Make no recommendation. 3) Forward the application to the State with a recommendation for approval. 4) Forward the application to the State with a recommendation for denial, stating the reasons for such recommendation. |
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Attachments: | Pine Canyon - Letter to Applicant | ||||
Hearing Procedures | |||||
Series 10 Description | |||||
Pine Canyon - Section 13 | |||||
Pine Canyon - PD Memo | |||||
Pine Canyon - Code Memo | |||||
Pine Canyon - Tax Memo | |||||
Minutes Attachments | |||||
No file(s) attached. | |||||
Form Review | |||||||||||||||||||||
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9.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration and Approval of Contract: Five Points - Clay Avenue Wash Drainage Improvement Project. (Approve contract with JNL Contracting, Inc.) | |||||
RECOMMENDED ACTION: | |||||
2) Approve change order authority to the City Manager in the amount of $10,988.00 (10% of contract amount) 3) Authorize the City Manager to execute the necessary documents |
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Executive Summary: | |||||
The Clay Avenue Wash Improvements Project is a City of Flagstaff project intended to address flooding that occurs due to the undersized drainage facilities within the project site. | |||||
Financial Impact: | |||||
This is an approved budgeted project funded from the Stormwater Section Drainage Improvement Program (DriP), 206-08-385-3238-0-4442. | |||||
Connection to Council Goal and/or Regional Plan: | |||||
COUNCIL GOALS:
1. Repair, Replace, Maintain Infrastructure (streets & utilities); this project will improve stormwater drainage infrastructure and reduce flooding. REGIONAL PLAN: This project specifically supports the following "Stormwater and Watershed Management Goals and Policies". Goal WR.5 Manage watersheds and stormwater to address flooding concerns, water quality, environmental protections, and rainwater harvesting. Goal WR.5.4. Develop any necessary stormwater infrastructure improvements consistent with City of Flagstaff stormwater master plans or studies as adopted by the City. |
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Has There Been Previous Council Decision on This: | |||||
The DriP was authorized at a previous council meeting. |
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Options and Alternatives: | |||||
1) Approve the award of the contract with JNL Contracting, Inc. in the amount of $109,883.49 to complete the project. 2) Not approve contract. |
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Background/History: | |||||
The location known as Five Points at the intersection of Milton and Butler has a long history of flooding problems. The Five Points - Clay Avenue Wash Improvements project is intended to address the flooding that occurs due to undersized drainage facilities at the project site. Staff solicited for bids December 10, 2014 through December 23, 2014. Nine bids were received at the Purchasing office, JNL was the lowest responsive responsible bidder. |
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Key Considerations: | |||||
The project will consist of demolition of the exiting CMP storm drain pipe and drainage structures on the site. Construction of a new channel utilizing a High Performance Turf Reinforcement Mat Lining and construction of a new improved inlet to the existing 10 x 3 concrete box culvert under the Milton Road-Clay intersection. | |||||
Expanded Financial Considerations: | |||||
Engineers Estimate: $105,677 Company/Bid Amount - low to high JNL Contracting - $109,88349 Redpoint - $144,489.40 LB Contracting - $152,500.00 Intermountain West Civil Constructors - $159,764.00 McCauley Construction - $169,383.50 Rummel Construction - $186,002.22 Hunter Contracting - $186,400.90 Blume Underground - $190,488.10 Vastco - $198,000.00 |
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Community Benefits and Considerations: | |||||
The community benefits of this project include:
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Community Involvement: | |||||
Inform - As part of the scoping for the community base project on the parcel the La Plaza Vieja community is aware of this drainage improvement project and specifically the Stormwater Section's intention of integrating with that. Consult - The community has been involved with the related project on the parcel that includes open space, rainwater harvesting and vegetation. The Stormwater Section is a partner on that project and is assisting with the plan. Collaborate - The Stormwater Section is collaborating with the Planning Section to integrate this drainage improvement project with the overall Natural Grocers site plan. |
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Expanded Options and Alternatives: | |||||
Award of this contract: If the project does not proceed the problems associated with flooding and public safety at Five Points will continue. |
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Attachments: | Construction Contract | ||||
Plan Sheet | |||||
Minutes Attachments | |||||
No file(s) attached. | |||||
Form Review | |||||||||||||||||||||||||||||||||
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10.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration of Appointment of On Call Judges for the Flagstaff Municipal Court. | |||||
RECOMMENDED ACTION: | |||||
Approve the appointments as recommended by Hon. Thomas L. Chotena, Presiding Magistrate of the Flagstaff Municipal Court.
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Executive Summary: | |||||
Appointment of all magistrates is required to be completed by Flagstaff City Council under both the City Charter and Flagstaff City Code. Appointment of on-call judges allows for ongoing coverage of cases that other judges have a conflict of interest in as well as to cover initial appearances as required by law within 24 hours following arrest (including weekends and holidays), provides for coverage for absences of other judges due to illness or planned absences and allows for additional operations to be performed as the court calendar allows. |
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Financial Impact: | |||||
All funding for on-call judges is included in the approved court budget. | |||||
Connection to Council Goal and/or Regional Plan: | |||||
Improving public safety by providing coordinated coverage for the Municipal Court with other courts within the county and providing for continuous coverage for all case types and files. | |||||
Previous Council Decision on This: | |||||
Yes, the City Council has interviewed the applicants at previous Executive Sessions. | |||||
Options and Alternatives: | |||||
1) Approve the appointments as recommended by the Presiding Judge 2) Don't approve the appointment as recommended by the Presiding Judge and request additional candidates for Council consideration 3) Don't approve the appointment for on-call judges |
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Background/History: | |||||
For numerous years we have been coordinating our initial appearance calendar with other courts in the areas to reduce duplication of effort and costs associated with jail time and transportation of prisoners. Recently we have added the coordination of after hour search warrants as well; this provides law enforcement a single contact point to get search warrant approval when no court is open to provide it. Our on-call judges have been a key to be able to provide these services. When an individual is arrested they can only be held for up to 24 hours before they must appear before a magistrate who will determine if there is probable cause for the arrest and set release conditions. Should they not appear in this time they must be immediately released. Having on-call judges perform our weekend and holiday initial appearances allows us to guarantee that those accused of a crime will have an appearance before a magistrate and have release conditions set in accordance to the violation charged. On-call judges are critical to cover absences of judges due to illness, vacation or conflict of interest. |
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Key Considerations: | |||||
These appointments are critical to the ongoing operations of the court. We use on-call magistrates for almost half of all of the court hearings and events that take place at the Flagstaff Municipal Court. | |||||
Community Benefits and Considerations: | |||||
Approving this appointment allows the court to not only maintain operational integrity in managing its caseload, but also supports the application of justice in our community. | |||||
Attachments: | |||||
No file(s) attached. | |||||
Minutes Attachments | |||||
No file(s) attached. | |||||
Form Review | |||||||||||||||||
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15.A.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE: | |||||
Consideration to re-open discussion on the Principles of Sound Water Management | |||||
RECOMMENDED ACTION: | |||||
Provide direction to staff on which component(s) of the Principles of Sound Water Management that Council would like to discuss
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Executive Summary: | |||||
A sufficient number City Councilmembers at the January 6, 2015 Council Meeting indicated a desire to discuss portions of the Principles of Sound Water Management. City Council adopted the Principles of Sound Water Management in April, 2014. As background, the process to develop and adopt these water policies was transparent and vetted through numerous meetings with the citizens advisory Water Commission and City Council. The development of these policies initially started in 2008 and culminated with the Water Commission approving the policy language in November, 2012. City Council then took up the review and discussion of each policy. After 10 (ten) meetings City Council adopted the policies on April 1, 2014. | |||||
Financial Impact: | |||||
None | |||||
Connection to Council Goal and/or Regional Plan: | |||||
COUNCIL GOALS:
Ensure Flagstaff has a long-term water supply for current and future needs Address key issues and processes related to the implementation of the Regional Plan Ensure that we are as prepared as possible for extreme weather events REGIONAL PLAN: Chapter VI - Water Resources |
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Previous Council Decision on This: | |||||
Yes - City Council adopted the Principles of Sound Water Management in April, 2014. |
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Options and Alternatives: | |||||
1) Provide direction to staff on which component(s) of the Principles of Sound Water Management that Council would like to discuss. 2) Do not provide direction to staff on which component(s) of the Principles of Sound Water Management that Council would like to discuss. |
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Community Involvement: | |||||
Inform Consult Involve Collaborate |
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Attachments: | Principles of Sound Water Management | ||||
Resolution | |||||
Minutes Attachments | |||||
No file(s) attached. | |||||
Form Review | |||||||||||||||||||||
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15.B.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Consideration and Approval of Amendments to the Rules of Procedure | |||||
RECOMMENDED ACTION: | |||||
Discuss and possibly approve the proposed changes to Rules 7.03, 9.01, 9.02, and 10.02.
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Executive Summary: | |||||
During the recent Council Budget Retreat the Council discussed proposed changes to the Rules. First, the Council gave Staff direction that they would prefer to have the same rules for public speakers in the context of agendized non-public hearing items as for speakers during public hearings. This change will remove the discretion of the Chair to allow or disallow public speakers on these topics and instead require the Chair to allow public speakers. Second, the Rules should be amended to allow removal of citizens from the meeting only for public disturbances as required by a ruling of the Ninth Circuit Court of Appeals Third, the Rules relating to public hearings should be clarified to indicate that the public hearing opens immediately before the Staff presentation, if there is such presentation, and closes immediately after the final required vote of Council. This rule will also be amended, consistent with direction given to Staff, to allow additional public comment on a topic if the substance of the matter has been significantly changed during the hearing. |
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Financial Impact: | |||||
None. | |||||
Connection to Council Goal and/or Regional Plan: | |||||
Improve effectiveness of notification, communication, and engagement with residents, neighborhoods and businesses and about City services, programs, policies, projects and developments | |||||
Previous Council Decision on This: | |||||
Yes. Direction was given to Staff at the recent Council Budget Retreat. |
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Options and Alternatives: | |||||
1) Approve the Rules of Procedure as drafted 2) Propose different language to amend the Rules of Procedure 3) Take no action |
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Key Considerations: | |||||
The proposed amendment to Rule 9.02 would have the effect of allowing public speakers to comment once during a public hearing, which will include the first and second read of an ordinance. Public speakers would be allowed additional comments if there was a substantial change to the proposed action. Currently our practice is to allow members of the public to repeat comments even when there is no change to the proposed action between the first and second read of an ordinance, even though this is not allowed under the current Rules. | |||||
Attachments: | Rules of Proceudre | ||||
PowerPoint | |||||
Minutes Attachments | |||||
No file(s) attached. | |||||
Form Review | |||||||||||||||||
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