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 NABOURS VICE MAYOR EVANS COUNCILMEMBER BAROTZ COUNCILMEMBER BREWSTER COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER WOODSON 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.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS A. Consideration and Approval of Minutes: City Council Budget Retreat of April 23-25, 2014; the Combined Special Meeting and Work Session of May 13, 2014; the Regular Meeting of July 1, 2014; the Work Session of July 8, 2014; and the Regular Meeting of July 15, 2014. RECOMMENDED ACTION: Amend/approve the minutes of the City Council Budget Retreat of April 23-25, 2014; the Combined Special Meeting and Work Session of May 13, 2014; the Regular Meeting of July 1, 2014; the Work Session of July 8, 2014; and the Regular Meeting of July 15, 2014.
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.
PROCLAMATIONS AND RECOGNITIONS A. Report on Flagstaff Convention and Visitors Bureau Awards and Recognition RECOMMENDED ACTION: Information only
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). A. Consideration of Appointments: Airport Commission. RECOMMENDED ACTION: Make two appointments to terms expiring October 2015.
8. LIQUOR LICENSE PUBLIC HEARINGS A. Consideration and Action on Liquor License Application: Devendrabhai Patel, "India Palace", 103 W. Birch Ave., Series 12 (restaurant), New License. RECOMMENDED ACTION: Hold 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 and Action on Liquor License Application: Randy Nations, “Sportsman's Bar & Grill", 1000 N. Humphreys St. #98, Series 06 (bar- all spirituous liquor), Person Transfer. RECOMMENDED ACTION: Hold 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 and Action on Liquor License Application: Paul Moir, “Proper Meats and Provisions", 110 S. San Francisco St., Suite B., Series 07 (beer and wine bar), Person and Location Transfer. RECOMMENDED ACTION: Hold 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 and Action on Liquor License Application: Jeffrey Roff, “Whole Foods Market", 320 S. Cambridge Lane, Series 10 (beer and wine store), New License. RECOMMENDED ACTION: Hold 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.
Consideration and Action on Liquor License Application: Hetal Patel, “O'Leary Street Market", 322 S. O'Leary St., Series 10 (beer and wine store), New License. RECOMMENDED ACTION: Hold 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.
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. Acceptance of Grant and Approval of Contract: Arizona Department of Environmental Quality Brownfields State Response Grant - Asbestos Abatement for the City of Flagstaff (for Midgley Market at 23 N. Beaver Street - aka The Lion and the Lamb Building)(Approve ADEQ grant contract for asbestos abatement). RECOMMENDED ACTION: Accept the Arizona Department of Environmental Quality (ADEQ) Brownfields State Response Grant (SRG) in the amount of approximately $55,000 and authorize the City Manager to execute Contract No. ADEQ15-077563 (which includes, but under separate cover, the City's participation in the ADEQ Voluntary Remediation Program).
Consideration of Bids: 4th Street Gateway Project RECOMMENDED ACTION: Reject all bids as submitted
Consideration and Approval of the Third Amendment and the Fourth Amendment of Purchase and Sale Agreement: Between the City of Flagstaff and Evergreen - TRAX, LLC ("Evergreen"), for the sale of approximately 33.6 acres of property consisting of three parcels located at the southeast and southwest corners of the intersection of Fourth Street and Route 66, and the northwest corner of Fourth Street and Huntington drive adjacent to the Fourth Street Overpass (the "Property"). (Third Amendment to Evergreen Purchase Agreement to extend closing date; Fourth Amendment to Evergreen Purchase Agreement to Adopt Limited Warranty Quit Claim Conditions) RECOMMENDED ACTION: Approve the Third Amendment to the Purchase and Sale Agreement between the City of Flagstaff and Evergreen for the development of the Property, and ratify the City Manager's signature on the document. Approve the Fourth Amendment to the Purchase and Sale Agreement between the City of Flagstaff and Evergreen for the development of the Property.
11. ROLL CALL NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. MAYOR NABOURS VICE MAYOR EVANS COUNCILMEMBER BAROTZ COUNCILMEMBER BREWSTER COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER WOODSON 12. PUBLIC PARTICIPATION
Consideration and Approval of the Third Amendment and the Fourth Amendment of Purchase and Sale Agreement: Between the City of Flagstaff and Evergreen - TRAX, LLC ("Evergreen"), for the sale of approximately 33.6 acres of property consisting of three parcels located at the southeast and southwest corners of the intersection of Fourth Street and Route 66, and the northwest corner of Fourth Street and Huntington drive adjacent to the Fourth Street Overpass (the "Property"). (Third Amendment to Evergreen Purchase Agreement to extend closing date; Fourth Amendment to Evergreen Purchase Agreement to Adopt Limited Warranty Quit Claim Conditions) RECOMMENDED ACTION: Approve the Third Amendment to the Purchase and Sale Agreement between the City of Flagstaff and Evergreen for the development of the Property, and ratify the City Manager's signature on the document. Approve the Fourth Amendment to the Purchase and Sale Agreement between the City of Flagstaff and Evergreen for the development of the Property.
15. REGULAR AGENDA A. Consideration and Adoption of Ordinance No. 2014-22: An ordinance setting aside and preserving twenty (20) acres of specific city property for open space and authorizing staff to apply to Coconino County for a rezoning to reflect the preservation .(Designating property near Schultz Pass Rd. and Mt. Elden Lookout Rd. as Open Space) RECOMMENDED ACTION: At the meeting of August 25, 2014 1) Read Ordinance No. 2014-22 by title only for the first time 2) City Clerk reads Ordinance No. 2014-22 by title only (if approved above) At the meeting of September 2, 2014 3) Read Ordinance No.2014-22 by title only for the final time 4) City Clerk reads Ordinance No. 2014-22 by title only (if approved above) 5) Adopt Ordinance No.2014-22 B. Consideration and Adoption of Ordinance No. 2014-23: An ordinance of the City of Flagstaff setting aside specific City owned property for inclusion in Buffalo Park and restricting the land to uses and improvements consistent with a passive park (Neighborwoods) and authorizing staff to rezone the parcel to reflect its new designation. (Designating property at the north end of San Francisco as Open Space) RECOMMENDED ACTION: At the meeting of August 25, 2014 1) Read Ordinance No.2014-23 by title only for the first time 2) City Clerk reads Ordinance No. 2014-23 by title only (if approved above) At the meeting of September 2, 2014 3) Read Ordinance No. 2014-23 by title only for the final time 4) City Clerk reads Ordinance No. 2014-23 by title only (if approved above) 5) Adopt Ordinance No. 2014-23
Consideration and Adoption of Ordinance No. 2014-25: An ordinance authorizing the provision of a ten (10) foot utility easement encumbering parcel number 301-89-001 (Cinder Lake Landfill) and authorizing the City Manager or his designee to execute the necessary documents (Grant utility easement to APS at the Cinder Lake Landfill). RECOMMENDED ACTION: At the meeting of August 25, 2014 1) Read Ordinance No. 2014-25 by title only for the first time 2) City Clerk reads Ordinance No. 2014-25 by title only (if approved above) At the meeting of September 2, 2014 3) Read Ordinance No. 2014-25 by title only for the final time 4) City Clerk reads Ordinance No. 2014-25 by title only (if approved above) 5) Adopt Ordinance No. 2014-25
18. INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS FOR FUTURE AGENDA ITEMS 19. ADJOURNMENT
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 NABOURS VICE MAYOR EVANS COUNCILMEMBER BAROTZ COUNCILMEMBER BREWSTER COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER WOODSON 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.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS A. Consideration and Approval of Minutes: City Council Budget Retreat of April 23-25, 2014; the Combined Special Meeting and Work Session of May 13, 2014; the Regular Meeting of July 1, 2014; the Work Session of July 8, 2014; and the Regular Meeting of July 15, 2014. RECOMMENDED ACTION: Amend/approve the minutes of the City Council Budget Retreat of April 23-25, 2014; the Combined Special Meeting and Work Session of May 13, 2014; the Regular Meeting of July 1, 2014; the Work Session of July 8, 2014; and the Regular Meeting of July 15, 2014.
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.
PROCLAMATIONS AND RECOGNITIONS A. Report on Flagstaff Convention and Visitors Bureau Awards and Recognition RECOMMENDED ACTION: Information only
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). A. Consideration of Appointments: Airport Commission. RECOMMENDED ACTION: Make two appointments to terms expiring October 2015.
8. LIQUOR LICENSE PUBLIC HEARINGS A. Consideration and Action on Liquor License Application: Devendrabhai Patel, "India Palace", 103 W. Birch Ave., Series 12 (restaurant), New License. RECOMMENDED ACTION: Hold 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 and Action on Liquor License Application: Randy Nations, “Sportsman's Bar & Grill", 1000 N. Humphreys St. #98, Series 06 (bar- all spirituous liquor), Person Transfer. RECOMMENDED ACTION: Hold 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 and Action on Liquor License Application: Paul Moir, “Proper Meats and Provisions", 110 S. San Francisco St., Suite B., Series 07 (beer and wine bar), Person and Location Transfer. RECOMMENDED ACTION: Hold 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 and Action on Liquor License Application: Jeffrey Roff, “Whole Foods Market", 320 S. Cambridge Lane, Series 10 (beer and wine store), New License. RECOMMENDED ACTION: Hold 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.
Consideration and Action on Liquor License Application: Hetal Patel, “O'Leary Street Market", 322 S. O'Leary St., Series 10 (beer and wine store), New License. RECOMMENDED ACTION: Hold 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.
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. Acceptance of Grant and Approval of Contract: Arizona Department of Environmental Quality Brownfields State Response Grant - Asbestos Abatement for the City of Flagstaff (for Midgley Market at 23 N. Beaver Street - aka The Lion and the Lamb Building)(Approve ADEQ grant contract for asbestos abatement). RECOMMENDED ACTION: Accept the Arizona Department of Environmental Quality (ADEQ) Brownfields State Response Grant (SRG) in the amount of approximately $55,000 and authorize the City Manager to execute Contract No. ADEQ15-077563 (which includes, but under separate cover, the City's participation in the ADEQ Voluntary Remediation Program).
Consideration of Bids: 4th Street Gateway Project RECOMMENDED ACTION: Reject all bids as submitted
Consideration and Approval of the Third Amendment and the Fourth Amendment of Purchase and Sale Agreement: Between the City of Flagstaff and Evergreen - TRAX, LLC ("Evergreen"), for the sale of approximately 33.6 acres of property consisting of three parcels located at the southeast and southwest corners of the intersection of Fourth Street and Route 66, and the northwest corner of Fourth Street and Huntington drive adjacent to the Fourth Street Overpass (the "Property"). (Third Amendment to Evergreen Purchase Agreement to extend closing date; Fourth Amendment to Evergreen Purchase Agreement to Adopt Limited Warranty Quit Claim Conditions) RECOMMENDED ACTION: Approve the Third Amendment to the Purchase and Sale Agreement between the City of Flagstaff and Evergreen for the development of the Property, and ratify the City Manager's signature on the document. Approve the Fourth Amendment to the Purchase and Sale Agreement between the City of Flagstaff and Evergreen for the development of the Property.
11. ROLL CALL NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. MAYOR NABOURS VICE MAYOR EVANS COUNCILMEMBER BAROTZ COUNCILMEMBER BREWSTER COUNCILMEMBER ORAVITS COUNCILMEMBER OVERTON COUNCILMEMBER WOODSON 12. PUBLIC PARTICIPATION
Consideration and Approval of the Third Amendment and the Fourth Amendment of Purchase and Sale Agreement: Between the City of Flagstaff and Evergreen - TRAX, LLC ("Evergreen"), for the sale of approximately 33.6 acres of property consisting of three parcels located at the southeast and southwest corners of the intersection of Fourth Street and Route 66, and the northwest corner of Fourth Street and Huntington drive adjacent to the Fourth Street Overpass (the "Property"). (Third Amendment to Evergreen Purchase Agreement to extend closing date; Fourth Amendment to Evergreen Purchase Agreement to Adopt Limited Warranty Quit Claim Conditions) RECOMMENDED ACTION: Approve the Third Amendment to the Purchase and Sale Agreement between the City of Flagstaff and Evergreen for the development of the Property, and ratify the City Manager's signature on the document. Approve the Fourth Amendment to the Purchase and Sale Agreement between the City of Flagstaff and Evergreen for the development of the Property.
15. REGULAR AGENDA A. Consideration and Adoption of Ordinance No. 2014-22: An ordinance setting aside and preserving twenty (20) acres of specific city property for open space and authorizing staff to apply to Coconino County for a rezoning to reflect the preservation .(Designating property near Schultz Pass Rd. and Mt. Elden Lookout Rd. as Open Space) RECOMMENDED ACTION: At the meeting of August 25, 2014 1) Read Ordinance No. 2014-22 by title only for the first time 2) City Clerk reads Ordinance No. 2014-22 by title only (if approved above) At the meeting of September 2, 2014 3) Read Ordinance No.2014-22 by title only for the final time 4) City Clerk reads Ordinance No. 2014-22 by title only (if approved above) 5) Adopt Ordinance No.2014-22 B. Consideration and Adoption of Ordinance No. 2014-23: An ordinance of the City of Flagstaff setting aside specific City owned property for inclusion in Buffalo Park and restricting the land to uses and improvements consistent with a passive park (Neighborwoods) and authorizing staff to rezone the parcel to reflect its new designation. (Designating property at the north end of San Francisco as Open Space) RECOMMENDED ACTION: At the meeting of August 25, 2014 1) Read Ordinance No.2014-23 by title only for the first time 2) City Clerk reads Ordinance No. 2014-23 by title only (if approved above) At the meeting of September 2, 2014 3) Read Ordinance No. 2014-23 by title only for the final time 4) City Clerk reads Ordinance No. 2014-23 by title only (if approved above) 5) Adopt Ordinance No. 2014-23
Consideration and Adoption of Ordinance No. 2014-25: An ordinance authorizing the provision of a ten (10) foot utility easement encumbering parcel number 301-89-001 (Cinder Lake Landfill) and authorizing the City Manager or his designee to execute the necessary documents (Grant utility easement to APS at the Cinder Lake Landfill). RECOMMENDED ACTION: At the meeting of August 25, 2014 1) Read Ordinance No. 2014-25 by title only for the first time 2) City Clerk reads Ordinance No. 2014-25 by title only (if approved above) At the meeting of September 2, 2014 3) Read Ordinance No. 2014-25 by title only for the final time 4) City Clerk reads Ordinance No. 2014-25 by title only (if approved above) 5) Adopt Ordinance No. 2014-25
18. INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, REQUESTS FOR FUTURE AGENDA ITEMS 19. ADJOURNMENT