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CC - Agendas - City Council - REGULAR - 5/13/2014
riT�R�� ESCOTT AGENDA PRESCOTT CITY COUNCIL Council Chambers REGULAR VOTING MEETING 201 South Cortez Street Tuesday, May 13, 2014 Prescott, Arizona 86303 3:00 PM (928) 777-1100 The following Agenda will be considered by the Prescott City Council at its Regular Voting Meeting pursuant to the Prescott City Charter, Article II, Section 13. Notice of this meeting is given pursuant to Arizona Revised Statutes, Section 38-431.02. One or more members of the Council may be attending this meeting through the use of a technological device. ♦ CALL TO ORDER ♦ INTRODUCTIONS ♦ INVOCATION ♦ PLEDGE OF ALLEGIANCE ♦ ROLL CALL MAYOR AND CITY COUNCIL Mayor Kuykendall Mayor Pro Tern Lamerson Councilman Arnold Councilman Blair ♦ ANNOUNCEMENTS ♦ PROCLAMATION Reverend Darrin Merlino Sacred Heart Catholic Church Councilman Blair Councilman Kuknyo Councilman Lazzell Councilwoman Wilcox A. Proclaiming May 2014 as Motorcycle Safety and Awareness Month Prescott City Council Regular Voting Meeting — 05/13/2014 I. CONSENT AGENDA Page 2 CONSENT ITEMS I.A. — I.G. LISTED BELOW MAY BE ENACTED BY ONE MOTION. ANY ITEM MAY BE REMOVED AND DISCUSSED IF A COUNCIL MEMBER SO REQUESTS. A. Approval of minutes for the Council meetings held on April 8, 2014, April 22, 2014, and April 23, 2014 B. Adoption of Resolution No. 4220-1429, approving a Memorandum of Understanding (MOU) with the Northern Arizona Veterans Affairs Police Department (NAVAPD) providing for interagency cooperation C. Approval of purchase of two (2) ea. D-600 six cubic -yard vertical stationary compactors from Wastequip, Inc., using NJPA Contract No. 060612-WQI pricing in the total amount of $17,591.73 (Solid Waste Operating Fund) D. Authorization to file an appeal in Case No. CV-13-08236-PCT-JAT, Pure Wafer adv. City of Prescott E. Revision of plat of Estancia de Prescott, Phase One, to modify the disturbable envelope (building footprint) of Lot 10 to allow for the construction of a single-family residence (Applicant: Chris Larson, Prescott) F. Revision of Plat RP12-001, splitting portions of Lots 402, 403 and 409 to create a new lot in the Idylwild Tract subdivision (Owner: John D. Cargill, Prescott AZ) G. Approval of submission of a 2014 Arizona Wildland Fire Hazardous Fuels Project Grant application to the Arizona Division of Forestry; and ratification of submittal of a grant request to Yavapai County for Title III forest project funding RECOMMENDED ACTION: MOVE to approve Consent Agenda Items I.A.-LG. Prescott City Council Regular Voting Meeting — 05/13/2014 II. REGULAR AGENDA Page 3 A. Public Hearing and consideration of a Series 12, Restaurant, liquor license application from Vernon Rex Cullum, applicant for Tara, located at 115 South Cortez Street RECOMMENDED ACTION: (1) MOVE to close the Public Hearing; and (2) MOVE to approve/deny Liquor License Application No. 1213358Z for a Series 12, Restaurant, license, for Tara located at 115 South Cortez Street. B. Appointment of Seymour Petrovsky to the Fire Board of Appeals RECOMMENDED ACTION: MOVE to appoint Seymour Petrovsky to the Fire Board of Appeals, term to expire March 2016. C. Adoption of the 2014/2015 CDBG Annual Action Plan and adoption of Resolution No. 4224-1433 authorizing application for Community Development Block Grant funds RECOMMENDED ACTION: (by separate motions): 1) MOVE to adopt the City of Prescott 201412015 CDBG Annual Action Plan; and 2) MOVE to adopt Resolution No. 4224-1433. D. Approval of Final Plat FP14-001 for Granite Dells Estates Phase 1A PAD, a 208 lot single-family subdivision on 39.17 acres located south of State Route 89A, east of the Peavine Trail, and west of Granite Dells Parkway. (Owner: Granite Dells Estates Properties / Michael Fann, Prescott, AZ) RECOMMENDED ACTION: MOVE to approve FP14-001 for the Granite Dells Estates Phase 1A PAD. E. Approval of purchase of one (1) ea. Caterpillar skidsteer loader with mulcher attachment from Empire Equipment of Prescott for the Fire Department fuels reduction program using City of Tucson/National Intergovernmental Purchasing Alliance Contract No. 120377 pricing in the total amount of $136,992.61 (City Contract No. 2014-180; General Fund) Prescott City Council Regular Voting Meeting — 05/13/2014 Page 4 RECOMMENDED ACTION: MOVE to approve the purchase of one (1) ea. Caterpillar skidsteer loader with mulcher attachment from Empire Equipment of Prescott using City of Tucson/National Intergovernmental Purchasing Alliance Contract No. 120377 pricing in the total amount of $136,992.61 (City Contract No. 2014- 180). F. Adoption of Ordinance No. 4887-1425 authorizing acceptance of a fee simple land donation from Arizona Public Service Company RECOMMENDED ACTION: MOVE to adopt Ordinance No. 4887- 1425. G. Award of contracts for Appraisal Services for various real property transactions to: (1) Wayne Harding & Associates (City Contract No. 2014-166), and (2) Roger L. Dunlap & Associates, LTD (City Contract No. 2014-167), each in an amount not to exceed $30,000.00 RECOMMENDED ACTION: (by separate motions): MOVE to award City Contract No. 2014-166 to Wayne Harding & Associates, in an amount not to exceed $30,000.00; and MOVE to award City Contract No. 2014-167 to Roger L. Dunlap and Associates, LTD, in an amount not to exceed $30,000.00. H. Adoption of Resolution No. 4225-1434 approving the Impact Fee Report and adopting a Fee Schedule for Impact Fees pursuant to Arizona Revised Statutes §9-463.05 RECOMMENDED ACTION: MOVE to adopt Resolution No. 4225- 1434. Award of bid and contract for the Willow Creek Dam Repairs Project to Technology Construction, Inc., in the amount of $180,000.00 (City Contract No. 2014-182; Water Fund) RECOMMENDED ACTION: MOVE to award the bid and contract for the Willow Creek Dam Repairs Project to Technology Construction, Inc., in the amount of $180,000.00 (City Contract No. 2014-182). Prescott City Council Regular Voting Meeting — 05/13/2014 Page 5 Award of bid and contract for the FY 2014 Pavement Reconstruction Project to Asphalt Paving & Supply, Inc., in the amount of $2,461,747.07 (City Contract No. 2014-184; One Cent Streets and Open Space, and Water Funds) RECOMMENDED ACTION: MOVE to award the bid and contract for the FY 2014 Pavement Reconstruction Project to Asphalt Paving & Supply, Inc., in the amount of $2,461,747.07 (City Contract No. 2014-184). K. Award of bid and contract for the Park Avenue Improvements Project to Fann Contracting, Inc., in the amount of $5,457,035.50 (City Contract No. 2014-185; One Cent Streets and Open Space, Water, and Wastewater Funds) RECOMMENDED ACTION: MOVE to award the bid and contract for the Park Avenue Improvements Project to Fann Contracting, Inc., in the amount of $5,457,035.50 (City Contract No. 2014-185) III. BOARDS AND COMMISSION REPORTS IV. ADJOURNMENT EXECUTIVE SESSION Upon a public majority vote of a quorum of the City Council, the Council may hold an executive session, which will not be open to the public, regarding any item listed on the agenda but only for the following purposes: (i) Discussion or consideration of personnel matters (A.R.S. §38-431.03(A)(1)); (ii) Discussion or consideration of records exempt by law (A.R.S. §38-431.03(A)(2)); (iii) Discussion or consultation for legal advice with the city's attorneys (A.R.S. §38- 431.03(A)(3)); (iv) Discussion or consultation with the city's attorneys regarding the city's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation, or in settlement discussions conducted in order to avoid litigation (A.R.S. §38-431.03(A)(4)); (v) Discussion or consultation with designated representatives of the city to consider its position and instruct its representatives regarding negotiations with employee organizations (A.R.S. §38-431.03(A)(5)); (vi) Discussion, consultation or consideration for negotiations by the city or its designated representatives with members of a tribal council, or its designated representatives, of an Indian reservation located within or adjacent to the city (A.R.S. §38-431.03(A)(6); Prescott City Council Regular Voting Meeting — 05/13/2014 Page 6 (vii) Discussion or consultation with designated representatives of the city to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property (A.R.S. §38-431.03(A)(7)). Confidentiality Arizona statute precludes any person receiving executive session information from disclosing that information except as allowed by law. A.R.S. §38-431.03(F). Each violation of this statute is subject to a civil penalty not to exceed $500, plus court costs and attorneys' fees. This penalty is assessed against the person who violates this statute or who knowingly aids, agrees to aid or attempts to aid another person in violating this article. The city is precluded from expending any public monies to employ or retain legal counsel to provide legal services or representation to the public body or any of its officers in any legal action commenced for violation of the statute unless City Council takes a legal action at a properly noticed open meeting to approve of such expenditures prior to incurring any such obligation or indebtedness. A.R.S. §38-431.07(A)(B). CERTIFICATION OF POSTING OF NOTICE TAe undersigned hereby certifies that a copy of the foregoing notice was duly posted at Prescott City Hall on �f I? at !'. ou m. in accordance with the statement filed by the Prescott City Council wit the City Clerk. L��A le, 40,� Dana R. DeLong, CMC, City Clerk PROCLAMATION "MOTORCYCLE SAFETY AND AWARENESS MONTH" MAY 2014 WHEREAS, motorcycle riding is a popular form of recreation and transportation for thousands of people across Arizona and our Nation; and WHEREAS, the safe operation of a motorcycle requires the use of special skills developed through a combination of training and experience, the use of good judgment and thorough knowledge of traffic laws and licensing requirements; and WHEREAS, it is especially important that the residents of Arizona be aware of motorcycles on the streets and highways and recognize the importance of motorcycle safety; and WHEREAS, all highway users are being encouraged to safely share the roadway throughout Arizona. NOW THEREFORE, the Mayor and Council of the City of Prescott, Arizona, do hereby designate May 2014 as: "MOTORCYCLE SAFETY AND AWARENESS MONTH" IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Prescott to be affixed this 13th day of May, 2014. 2-Y)•.-a-4-L-;/ ,—, 4-1. 7c—e___ . 1Vl'ARLINDrI(UYKEND4L,MAYOR 4111, City of Prescott ATTEST: A Z. I& : , DA A DeLONG, CITY CLE'ii A City of Prescott crryow PRESCOTT XomthAt ll COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: City Clerk AGENDA ITEM: Approval of minutes for the Council meetings held on April 8, 2014, April 22, 2014, and April 23, 2014. Approved By: Date: City Clerk: DeLong, Dana 05/02/2014 Item Summary Attached for approval are the Council minutes of the Special Voting Meeting - Open Space Program held on April 8, 2014; Regular Voting Meeting held on April 8, 2014; Special Meeting - Airport Area Economic Development Strategic Planning Session 4 held on April 22, 2014; Special Meeting - FY 15 Budget held on April 22, 2014; Regular Voting Meeting held on April 22, 2014; and the Special Meeting - Executive Session held on April 23, 2014 Attachments 1. April 8, 2014 Special Voting Meeting Minutes - Open Space Program 2. April 8, 2014 Regular Voting Meeting Minutes 3. April 22, 2014 Special Meeting Minutes - Airport Area Planning Session 4 4. April 22, 2014 Special Meeting Minutes - FY 15 Budget 5. April 22, 2014 Regular Voting Meeting Minutes 6. April 23, 2014 Special Meeting Minutes ,Recommended Action: MOVE to approve the Council minutes as presented. PRESCOTT CITY COUNCIL SPECIAL VOTING MEETING TUESDAY, APRIL 8, 2014 PRESCOTT, ARIZONA MINUTES OF THE SPECIAL VOTING MEETING OF THE PRESCOTT CITY COUNCIL HELD ON APRIL 8, 2014, in the COUNCIL CHAMBERS located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 1:02 P.M. • ROLL CALL Present: Absent: Mayor Kuykendall None Mayor Pro Tern Lamerson Councilman Arnold Councilman Blair Councilman Kuknyo Councilman Lazzell Councilwoman Wilcox I. DISCUSSION / POSSIBLE ACTION ITEM A. Open Space Program and proposal to sell privately-owned property in the Granite Dells to the City Joe Baynes, Recreation Services Director, said on March 4, 2014, Recreation Services presented an overview of the City's Open Space Program to the Council. He noted that, working with non-profit partners, citizen groups and owners of private properties, the City had been conserving selected parcels and lineal corridors since the 1990's, through donations, purchases and acquisition of easements. He discussed some of the key milestones. There had been recent discussions concerning the expansion of Goldwater Lake Park through purchases of adjoining Forest Service land. The purchases can be made from the remaining balance of park impact fees, rather than using the One Percent Sales Tax for Streets and Open Space. Mr. Baynes said the open space expenditures from sales tax, up to the current point, have totaled just over $16 million. This levy will expire December 31, 2015 and will be replaced with a 3/ percent sales tax for streets. The projected revenue is $13.4 million for fiscal year 2015. The quarter percent reduction equates to $3.4 million less than would be available annually for street operations, maintenance rehabilitation and other considerations. Prescott City Council Special Voting Meeting April 8, 2014 Page 2 Councilman Blair asked what the purchase amount was for Watson and Willow Lakes. Mayor Pro Tem Lamerson said, with interest, it was approximately $32 million. Councilman Blair noted that open space was purchased, before the Open Space initiative was approved. He also referred to the purchase of The Scar, on the side of Thumb Butte. Mr. Baynes continued, saying that in fiscal year 2014, $500,000.00 had been budgeted for Open Space and another $500,000.00 is on the budget for fiscal year 2015, subject to Council approval in June 2014. He said that the City of Prescott had an offer from Mr. Wirth on April 8, 2013, which was declined. The City received a second offer from Mr. Wirth on February 5, 2014. The offer has been discussed with Mr. Wirth and the Granite Dells Preservation Foundation. The property is located outside the City limits. The City is being asked to acquire 80 of the 83 acres. The Granite Dells Foundation would hold title to the additional 3 acres containing the buildings and other facilities. Mr. Baynes noted that a private benefactor is willing to contribute $1 million, with $500,000.00 applied to the purchase price of the 80 acres and the balance to the Foundation for startup costs for the 3 acre parcel. He continued, by saying that, as part of the offer Mr. Wirth is requesting a 50 foot wide access and utility easement to the Storm Ranch property. Mr. Baynes showed a map of the area and noted that the improvements had not been addressed in the proposal. Councilman Kuknyo asked about the purpose of the easement crossing the Peavine Trail. Craig McConnell, City Manager, said it was for access and utilities. Councilwoman Wilcox thought this was a good time to make a purchase of an important piece of key property, because it was the 150th Anniversary of the City of Prescott. She said the Dells are the entry point to one of the most marvelous geographic wonders in the region. She said the revenue stream will exist until December 2015. The City will collect $26 million dollars by 2015. She would like to get an appraisal, for a basis for comparison and did not want to see the 80 acres developed. Councilwoman Wilcox asked Council to consider creating a small team of Council members to discuss the offer with City staff. She commended the Foundation and all of the organizations who have raised money for this purchase. She noted that the Granite Dells Foundation was willing to assume the responsibility for maintenance of the buildings. She said there are many other partners that could be brought in, including the County and Prescott Valley. Councilman Arnold would like to see the Dells piece preserved. He said the property was overpriced at $4 million and he does not feel that it was solely the City of Prescott's obligation to acquire the property. He said the property has a massive value, preserving it for open space and also for tourism. He was concerned about the property becoming an active facility. He would like to see Council give direction to pursue discussions with Prescott City Council Special Voting Meeting April 8, 2014 Page 3 the Granite Dells Foundation and other potential third parties to structure an acquisition plan that includes maintenance, within the next 12 months. Mayor Pro Tern Lamerson said he recognized the priority of the Dells. He commented on the tax structure changing and the money the City may owe to pay off lawsuits regarding the Yarnell fire. Councilman Kuknyo discussed the history of the Wirth property. He also mentioned current newspaper articles and the likelihood of re-opening the swimming hole and the dance hall. He mentioned that voters clearly voted, in May 2000, for the City to spend up to $40 million for open space from the streets tax. To date, approximately $6.4 had been spent. He discussed Resolution 3243 and 3231, regarding open space. Councilman Kuknyo talked about the economic crash and said the City was still struggling to provide basic services. He said that spending $50,000.00 per acre would torpedo the future efforts of the Parks and Recreation Department to obtain easements and license agreements. He proposed that if the City did not spend the open space allowance one year, it should be banked for the Granite Dells Foundation to acquire the parcel. He suggested getting developers, the Tribe, Yavapai County, Chino Valley and Prescott Valley involved with the acquisition. He said that if the property is acquired, it should be combined with property the City has acquired to the North and the South and turn it over to the state to make it a State Park. Councilman Blair said the lack of open space maintenance money is disturbing. Council should vote to use the $500,000.00 open space money in 2014, as seed money for partners in purchasing the Dells Property. He said the property was important to the region. Councilman Lazzell said the City did not have the money to acquire the property. He agreed to help find partners for the purchase. Dan Campbell, resident of Prescott, talked about Granite Dells and the Granite Dells Resort. He noted that the City of Prescott had to capitalize on their competitive advantages. He talked about how Cottonwood, Clarkdale, Camp Verde and Sedona had capitalized on their resources. He said the City has the Peavine Trail, Watson and Willow Lakes, but not the Dells, in between. He said water, rocks and Whiskey Row need to be the City's models for the future. Mr. Campbell said the City had a willing seller, who may look at a lower price. Granite Dells Foundation has gone out and found $1.5 million dollars. He noted that there is strong public support for the acquisition. He had 2,000 signatures on a letter of support. He discussed the Foundations role in the acquisition and the money it would take to make the deal happen. The Council should get a follow-up appraisal on the property. He suggested deferring a street project for one to two years to reach the total money needed to purchase the land. It would be better to bond a street project for a year or two and be remembered for protecting the heart of the Dells forever. Prescott City Council Special Voting Meeting April 8, 2014 Page 4 Jason Gisi, Prescott resident, looks at the opportunity to purchase the Wirth property as a legacy asset for the next 150 years in Prescott that will drive quality of life and economic development. He noted that the City was focused and dependent on tourism. He said the City has a unique opportunity to finish what has been started with the acquisition. He said that without the City's participation, the deal will not come together. The City got lucky to have a benefactor come forward with $1 million. He noted that he makes real estate deals for a living. There should be representation to move forward and try to close a deal and not debate the deal any further, assuming the City is willing to commit funds. He said it will create momentum if the City does commit funds. Joel Hiller, resident, said he was on the Watson/Willow Planning Committee and that it was not an easy process. He said this was a great opportunity for a public/private partnership that should not be dismissed. He noted that the acquisition is about defining Prescott and not about money. He said it was the right thing to do. Steve Silvernail, owner of Prescott Transit Authority, asked that Council to be careful with the funds that they have. Elisabeth Ruffner, Prescott resident, gave a quick history of the sales tax for streets. She noted that the citizens initiated the acquisition of the lakes. She said the citizens also formed the Open Space Alliance and initiated the extension of the street tax for five years and added the words acquisition and maintenance to a ballot issue, which was passed. She noted that by the time the issue got to the ballot, the word "maintenance" was dropped. She did not know how that happened. She said the City still has the option to have the voters approve a .25 cent sales tax for open space and consider maintenance. She urged Council not to pass up the opportunity to increase Prescott's value to the world. Ben Williams, works directly for Mark Wirth. He said Mr. Wirth has three properties in the tri-city area. He asked the Council to find a way to make this acquisition happen and said that he could be contacted at 928-202-7666 or 928-899-0469, if anyone wanted to speak with him. Councilman Kuknyo said that Mr. Wirth has always been easy to work with. David Parker, citizen, talked about properties purchased by the City of Prescott and said that a value was established for those properties and that Mr. Wirth used that value to price his property. He noted that Mr. Wirth offered to sell his property for $8 million at the height of the market. Amber Fields, resident, said the City of Prescott and the citizens should learn from the past and recalled the loss of Hassayampa Lake and how there are currently mansions around the lake and no access. She said the City could spend money on roads any day, Prescott City Council Special Voting Meeting April 8, 2014 Page 5 but this opportunity does not often present itself. When the opportunity is gone it is gone. Kathy Schultz, Board Member of Yavapai Trails Association, said they were pro open space. She recently wrote a grant to extend some of the trails in Prescott, and the money that she requested from the foundation is being completely supported by volunteers and the donations of property. She did not think the price of the current property was fair, when so many people volunteered their time and gave of their property. Joe Pendergast, Prescott resident and Vice President of the Citizens Tax Committee, said in 1998 the Wirth property was purchased for $650,000 and he thought a new appraisal was necessary. He said an expenditure of this amount should go to the voters and taxpayers should be aware of the long term costs of maintaining the purchase. He discussed the definitions of parks and open space. He said Mr. Wirth should be going to the County to sell his property because it would be preserved as a park, he did not feel that it was an open space issue. Bill Robb, Prescott resident, said this acquisition would go through because the Nature Conservancy was behind it, as mentioned in the Daily Courier by Dan Campbell. Mayor Kuykendall said he hoped the project would go through in some form. He said he lived in the Dells when he first moved here and there were 19 houses there at the time. He said it was not easy property to develop. He noted that two Council people talked with the owner of the property to negotiate the deal. Councilman Arnold said the current appraisal only appraised open space purchases made by the City. He said that was not an effective appraisal. A new appraisal would be a requirement. The development of Storm Ranch was under County Zoning which allows two acre minimums. The five 40 acre parcels could be broken down into over 100 houses. He said that no matter what happened there would be a traffic impact to Highway 89. Councilman Blair said the motion should read with $500,000 in the budget this year, to let the possible partners know that the City is a player. He said that he would like to be on the negotiating team and thought the City should ask the County, Tribe and Prescott Valley to structure a deal. Mayor Pro Tem Lamerson volunteered his services to talk to Mr. Wirth. He had no problem in participating in the $500,000.00. He would not support an amount beyond that. Councilwoman Wilcox talked about the possible unplanned subdivision of 100 homes in that area, each with a well and asked what it would do to the Granite Creek water shed and the City's water supply. She said this is why the City should acquire the property and lead the helm in the negotiations. She said that she would also volunteer to be on Prescott City Council Special Voting Meeting April 8, 2014 Page 6 the committee and the City should move forward to negotiate a deal. She felt they needed to discuss the management of the three acres and the open space restrictions with the Granit Dells Preservation Foundation. Council Blair said he would step aside to allow Councilwoman Wilcox to be on the negotiating team. Mayor Kuykendall said the Council might be better observers than negotiators. Councilman Kuknyo said he would like to pledge the $500,000.00 toward the purchase. He thought the Granite Dells Preservation Foundation should negotiate the deal. Mayor Pro Tem Lamerson said that maybe someone from the Citizens Tax Committee, and the Nature Conservancy should be involved. He did not have a problem committing on the $500,000.00. Councilman Arnold clarified that Mr. Wirth's property could have 40 homes on it. The adjacent Storm Ranch could hold 100 homes under its current zoning and he said that Councilman Kuknyo requested that the current $500,000.00 be banked if the deal is not consummated before the end of the fiscal year. COUNCILMAN ARNOLD MOVED TO INSTRUCT STAFF AND THE COUNCIL COMMITTEE TO ENGAGE IN DISCUSSIONS WITH THE GRANITE DELLS FOUNDATION TO STRUCTURE THE ACQUISITION OF THE WIRTH PROPERTY WITH CITY PARTICIPATION NOT TO EXCEED $500,000.00; SECONDED BY COUNCILMAN LAZZELL COUNCILWOMAN WILCOX MOVED TO AMEND THE MOTION THAT THE RESTRICTION ON THE $500,000.00 BE LIMITED TO THIS FISCAL YEAR. Councilwoman Wilcox said that she wanted it to be clear that it was not a forever commitment. Councilman Blair asked if the City was taking the lead in the negotiations. Councilman Arnold said the motion is saying that staff, the Council committee and the foundation need to sit down and figure out how to move forward. He said he would then expect the item to come back to Council with a recommendation on how to approach it. In addition questions regarding who will hold title to the land and how the long-term viability of the land will be insured will be answered. Councilman Arnold said this motion is to give staff and Council clear direction to go to the Foundation and put together an acquisition plan that Council can make work. That plan will come back to a deal which determines the City's portion, how much must be raised and who will lead the negotiation with the property owner. He said there are too many unknowns as to what the acquisition plan will look like. Prescott City Council Special Voting Meeting April 8, 2014 Page 7 COUNCILMAN ARNOLD WITHDREW HIS ORIGINAL MOTION AND MOVED TO INSTRUCT STAFF AND COUNCIL COMMITTEE TO ENGAGE IN DISCUSSIONS WITH THE GRANITE DELLS FOUNDATION TO STRUCTURE THE ACQUISITION PLAN OF THE WIRTH PROPERTY WITH CITY PARTICIPATION NOT TO EXCEED $500,000.00 IN FISCAL YEAR 2014; SECONDED BY COUNCILMAN LAZZELL; PASSED UNANIMOUSLY. Jon Paladini, City Attorney, said that he understands from the motion that the Council committee should have no more than two members from Council, plus staff. Mayor Kuykendall said it may be two Council people and someone from outside. Mayor Pro Tem Lamerson said someone from the County should be brought into the committee. Mayor Kuykendall said it would be a City sponsored committee. II. ADJOURNMENT There being no further business to be discussed, the April 8, 2014, Prescott City Council Special Voting Meeting adjourned at 2:45 P.M. MARLIN D. KUYKENDALL, Mayor ATTEST: DANA R. DeLONG, City Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Voting Meeting of the City Council of the City of Prescott, Arizona held on the 8th day of April, 2014. I further certify the meeting was duly called and held and that a quorum was present. Dated this day of , 2014. • AFFIX CITY SEAL DANA R. DeLONG, City Clerk PRESCOTT CITY COUNCIL REGULAR VOTING MEETING TUESDAY, APRIL 8, 2014 PRESCOTT, ARIZONA MINUTES OF THE REGULAR VOTING MEETING OF THE PRESCOTT CITY COUNCIL HELD ON APRIL 8, 2014, in the COUNCIL CHAMBERS located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 3:01 P.M. • INTRODUCTIONS • INVOCATION by Rabbi Jessica Rosenthal, Temple B'rith Shalom • PLEDGE OF ALLEGIANCE by Councilman Kuknyo • ROLL CALL: Present: Absent: Mayor Kuykendall None Mayor Pro Tem Lamerson Councilman Arnold Councilman Blair Councilman Kuknyo Councilman Lazzell Councilwoman Wilcox • ANNOUNCEMENTS No announcements were made. I. CONSENT AGENDA A. Approval of Council minutes of the Special Meeting held on March 4, 2014, and the Combined Workshop & Special Voting Meeting held on March 4, 2014 COUNCILMAN ARNOLD MOVED TO APPROVE CONSENT AGENDA ITEM 1.A.; SECONDED BY MAYOR PRO TEM LAMERSON; PASSED UNANIMOUSLY. Prescott City Council Regular Voting Meeting Page 2 April 8, 2014 II. REGULAR AGENDA A. Legislative Update Alison Zelms, Deputy City Manager presented. She spoke about the budget that was caucused in the House and Senate the prior day and said it went through with a $9.23 billion state budget, which is awaiting the Governor's signature. Ms. Zelms noted that the Governor is expected to sign the budget, and said it would include $30 million of restoration of Highway User Revenue Fees and not the $119 million that was proposed by Speaker Tobin. $1 million was reinstated to the City of Prescott to help defray the costs of the Public Safety Personnel Retirement System (PSPRS) line of duty death benefits that the City has incurred. She noted that it would be $1 million successively for five years, directly into the employer liability fund. She thanked Speaker Tobin, Senator Pearce and Representative Fann for their help. Ms. Zelms said there is a new bill that puts the City at greater risk for the diminution of property value for zoning changes or other ordinance requirements put forth in the zoning code. It furthers the property owner's position outside of court to impact the City. It would allow the property to get a tax credit up to $100,000.00 from the City if the property owner prevailed in his claim, saying the City was lessening their property value based on zoning practices and other code requirements. Ms. Zelms noted that the gun bill that would have put excessive penalties on local elected officials has been stricken from the consent calendar. She noted that a concern for the next legislative session is that a gubernatorial candidate, Doug Ducey, is attempting to discontinue sales tax on construction. Mayor Pro Tern Lamerson asked if the Mayor should contact the Governor to let her know the level of importance the sales tax issue would be to the City of Prescott. Ms. Zelms said yes. B. Approval of contribution to the Prescott Chamber of Commerce in the amount of $17,000.00 for expenses related to Prescott's 2014 Sesquicentennial Celebration (General Fund / Special Events) Don Prince, Tourism Director, presented, saying the Prescott Sesquicentennial Committee has been meeting to plan Prescott's 150th birthday celebration for the past year. The weekend of May 30th through June 1st was selected for this event, to coincide with the naming of Prescott on May 30, 1864. The Committee includes representatives from the Prescott Downtown Partnership, the Prescott Chamber of Commerce, the Sharlot Hall Museum, the City of Prescott, the Prescott Regulators, Eagles Event Management, the Western Heritage Foundation, Prescott Brewing Company, and others. Prescott City Council Regular Voting Meeting Page 3 April 8, 2014 Mr. Prince said members of the Committee have been working to bring in sponsors to help defray the estimated $80,000 cost of the event. The Prescott Chamber of Commerce has offered to serve as the fiscal agent for the Sesquicentennial, using their non-profit foundation to accept donated funds and pay event expenses. This is similar to how funding for the Courthouse Lighting is managed. Mr. Prince said the Tourism Office is asking the City's permission to provide $17,000.00 to the Prescott Chamber of Commerce to help offset the expenses. He said $20,000.00 was budgeted in the current fiscal year to help with these expenses; approximately $3,000.00 has already been spent. Councilman Arnold asked how much additional money the committee raised. Mr. Prince said they have received donations, in terms of product and they are negotiating with cash sponsors. Councilman Arnold asked if the scope of the event had changed since the presentation Mr. Prince gave a couple of months earlier. Mr. Prince said that it had and there was no funding for the rough stock rodeo, but the basic layout remains. Councilman Arnold asked for a presentation at the beginning of May to talk about the different events. COUNCILMAN ARNOLD MOVED TO APPROVE A CONTRIBUTION TO THE PRESCOTT CHAMBER OF COMMERCE IN THE AMOUNT OF $17,000.00 FOR EXPENSES RELATED TO PRESCOTT'S 2014 SESQUICENTENNIAL CELEBRATION; SECONDED BY COUNCILWOMAN WILCOX; PASSED UNANIMOUSLY. C. Approval of purchase of night-vision equipment for the Prescott Police Department Special Weapons and Tactics Team from Emerging Tactical Solutions, in the amount of$17,253.42 (General Fund CIP) Andrew Reinhardt, Deputy Police Chief, presented. The Prescott Police Special Weapons and Tactics Team perform very high risk operations that often occur during night time hours. Best practices in the state include night vision equipment. Councilman Arnold said that he toured the SWAT facilities and asked if the equipment was compatible with the helmets currently worn. Deputy Chief Reinhardt responded yes. Mayor Pro Tern Lamerson said he appreciated bringing this type of expenditure to the Council. MAYOR PRO TEM LAMERSON MOVED TO APPROVE PURCHASE OF NIGHT- VISION EQUIPMENT FROM EMERGING TACTICAL SOLUTIONS, IN THE AMOUNT OF $17,253.42; SECONDED BY COUNCILMAN LAZZELL; PASSED UNANIMOUSLY. Prescott City Council Regular Voting Meeting Page 4 April 8, 2014 D. Approval of purchase of one (1) ea. Vermeer BC 1500 brush chipper for the Street Maintenance Division from Vermeer Sales Southwest, using NJPA Contract #081209-VRM in an amount of$50,460.15 (1% Streets and Open Space Fund) Stephanie Miller, Field and Facilities Services Director, presented. The Street Maintenance Division maintains the right-of-way along 601 lane miles of City streets. As part of the year-round right-of-way maintenance activities, trees and bushes are trimmed and dead or diseased trees are removed. She noted that winter and summer storms also cause tree damage, leaving behind downed branches and other debris. Ms. Miller said it is efficient for Street Maintenance crews to chip the brush and tree debris at the point of origin as this allows for loads going to the Transfer Station to be compacted, reducing the number of trips required. She noted that the chipper currently in use is inadequate for the size and quantity of debris generated from right-of-way maintenance activities. This chipper will be sold at auction when replaced. She said the Vermeer 1500 brush chipper was designed with the latest safety features, including a lower feed-stop bar designed to instantly stop the feed rollers and prevent damage or injury. The estimated useful life of the chipper is ten years. She noted that the funding would come from the One Percent Streets and Open Space Fund. COUNCILMAN LAZZELL MOVED TO APPROVE THE PURCHASE OF ONE (1) EA. VERMEER BC 1500 BRUSH CHIPPER FROM VERMEER SALES SOUTHWEST USING NJPA CONTRACT #081209-VRM IN THE AMOUNT OF $50,460.15; SECONDED BY COUNCILMAN ARNOLD; PASSED UNANIMOUSLY. E. Approval to purchase one (1) ea. used five-ton truck (vendor to be determined) in an amount not to exceed $27,000.00 (1% Streets and Open Space Fund) Stephanie Miller, Field and Facilities Services Director, showed a slide of an attenuator and gave the definition. She noted that it was used a minimum of 10 working days per month. She noted that other departments also use it. She said the need to "dress" and "undress" the truck comes as a result of the truck's primary use as a dump truck, snow plow, equipment-hauling truck and auxiliary water truck. None of these other functions can be performed when the truck mounted attenuator (TMA) is mounted to the truck. Ms. Miller said it takes three employees roughly two hours to attach and detach to attenuator to the dump truck. She requested the approval of a five-ton truck that her staff could permanently affix the attenuator to allow the Street Maintenance Division to respond with the TMA to emergency traffic control situations such as accidents, weather events and other requirements in a more efficient and timely manner. Additionally, the Prescott City Council Regular Voting Meeting Page 5 April 8, 2014 truck currently used for mounting the TMA would be available at all times to perform its primary duties. Councilman Arnold asked that because staff had not identified a vehicle yet, how they would ensure that it would be in good shape. Ms. Miller said Fleet Services staff will inspect the vehicle prior to purchase and they will review the maintenance records. Councilman Blair asked if this was an appropriate use of the Streets and Open Space money. Craig McConnell, City Manager, said that he thought it was an appropriate expense for that fund. He said the fund can be used for operations and maintenance. COUNCILMAN ARNOLD MOVED TO APPROVE THE PURCHASE OF ONE (1) EA. USED FIVE-TON TRUCK IN AN AMOUNT NOT TO EXCEED $27,000.00; SECONDED BY COUNCILMAN KUKNYO PASSED UNANIMOUSLY. F. Revision of plat for Dameron Park Addition, Block 23, creating three lots from two. (Zoning: Industrial Light (IL); Owner: Perry Wieweck; Parcels 113- 04-053B and 113-04-053C; Location: 691, 693, 695 Sixth Street) Tom Guice, Community Development Director, showed a map of the lot. He noted that the item was before Council because Article 7 of the Land Development Code requires Council approval any time additional lots are created within subdivisions. Councilman Arnold said the Land Development Code is requiring something, which should be administrative, to come back to Council. He said there were already three water meters on the site and suggested changing this requirement. Councilman Blair asked if it fell within current zoning. Mr. Guice said yes and it does hold the developments to the setbacks that were in place when the buildings were constructed, which were five feet on the sides. Currently the setbacks are seven feet. Mr. Wieweck addressed the Council. He said to the best of his knowledge, 695 was the first building, built in roughly, 1965. He thought that 693 may have been built two to three years later and 691 was built in the early 1970's. Each building had its own water meter, sewer hookup, power and natural gas. COUNCILMAN BLAIR MOVED TO APPROVE RP13-004 REVISING DAMERON PARK ADDITION, BLOCK 23, CREATING THREE LOTS FROM TWO; SECONDED BY MAYOR PRO TEM LAMERSON; PASSED UNANIMOUSLY. G. Revision of Plat RP13-003, combining Lots 3 & 4 and expanding the boundaries of the Hassayampa Mountain Club - Plat B Subdivision (Owner: Roy W. Anglin, Maricopa, AZ 85138; Location: Hemlock Avenue) Prescott City Council Regular Voting Meeting Page 6 April 8, 2014 Tom Guice, Community Development Director, presented, saying the plat was a request to combine Lots 3 and 4 and a portion of a metes and bounds parcel to create a new parcel, Lot 4-R, with total square footage of just under 21,000 square feet. The resulting lot is appropriately sized for this subdivision and meets the requirements of the underlying zoning district (SF-9).He said there is a lot split that will take a portion of the metes and bounds from Lot A to the South, in order to combine it with Lots 3 and 4. He said there are existing homes on Parcel A as well as lots 3 and 4 that have existing City utilities. Councilman Blair asked about the water allotment for each of the properties. Mr. Guice said this would be a formal combining of the lots into a single lot. Craig McConnell, City Manager, said if it was a buildable lot at the time of the declaration, it would be recognized as having grandfathered groundwater to serve it. Councilman Blair asked if they would be giving that up by combining the lots. Mr. McConnell said they would give it up, but the City would not receive a credit because the previous lot will be extinguished. MAYOR PRO TEM LAMERSON MOVED TO APPROVE RP13-003 COMBINING LOTS 3 AND 4 WITH A METES AND BOUNDS LOT, AND AMENDING THE BOUNDARY OF THE HASSAYAMPA MOUNTAIN CLUB — PLAT B SUBDIVISION; SECONDED BY COUNCILMAN ARNOLD; PASSED UNANIMOUSLY. H. Adoption of Ordinance No. 4882-1420 authorizing the issuance of Municipal Property Corporation Bond Series 2014 to refund Municipal Property Corporation Bond Series 2004 for the Big Chino Water Ranch, including the emergency clause (Water Fund) Mark Woodfill, Finance Director, said the item went to the Municipal Property Corporation (MPC) board the previous week. Nick Dodd, RPC Capital Markets, addressed the Council. He gave an overview of the City's updated Debt Handbook, and showed a PowerPoint which included: • SUMMARY OF FINANCING OPTIONS o PAY-AS-YOU-GO FUNDING o GENERAL OBLIGATION BONDS —these require the vote of the public o GENERAL OBLIGATION DEBT CAPACITY - $131,000,000.00 available o UTILITY REVENUE BONDS o STREET AND HIGHWAY REVENUE BONDS — can be used to repay a bond and requires voter approval o MPC BONDS/LEASE PURCHASE FINANCINGS- can finance almost anything that is allowable in the federal tax law o MPC DEBT CAPACITY o IMPROVEMENT DISTRICT BONDS o COMMUNITY FACILITIES DISTRICTS o STATE AGENCY OPTIONS Prescott City Council Regular Voting Meeting Page 7 April 8, 2014 • BOND RATINGS o UNDERLYING DEBT RATINGS OF SELECT ARIZONA ISSUERS Mr. Dodd said the average interest rate on the bonds the City is refinancing or considering is 4.9 percent. The average interest rate on the new bonds is 3.3 percent. He noted that the savings would be roughly $960.000.00 realized over the next three years. Mr. Woodfill said there are fees associated with issuing debt. He said the new bond will have an estimated $183,000.00 in costs. He said $62,000.00 of that is the underwriters discount and the other costs are related to the rating agency and the legal team. He noted that $960,000.00 is the amount of savings after the fees are paid. Councilwoman Wilcox asked about the emergency clause on the ordinance. Mr. Woodfill said it was a standard practice in order to secure the interest rate. MAYOR PRO TEM LAMERSON MOVED TO ADOPT ORDINANCE NO. 4882-1420; SECONDED BY COUNCILWOMAN WILCOX; PASSED UNANIMOUSLY. I. Approval of a two-year extension of City Contract No. 2013-183A1 in a total amount not to exceed $270,000.00 for Annual Pavement Marking (Streets Fund / HURF) Ian Mattingly, City Traffic Engineer, said approval of this item will extend a two year of stripping contract with Traffic Safety Incorporated, to take advantage of the favorable unit pricing. He noted that, if approved, the stripping will begin in late April to early May. There is sufficient funding in the Highway User Revenue Fund to cover the contract. COUNCILMAN KUKNYO MOVED TO APPROVE A TWO-YEAR EXTENSION TO CITY CONTRACT NO. 2013-183A1 FOR ANNUAL PAVEMENT MARKING TO TRAFFIC SAFETY, INC., IN A TOTAL AMOUNT NOT TO EXCEED $270,000.00; SECONDED BY COUNCILMAN BLAIR; PASSED UNANIMOUSLY. J. Approval of Amendment No. 1 to City Contract No. 2013-216 with Watkins/Mendoza Companies, LLC, in the amount of $14,363.06 for the White Spar Waterline Relocation Project (Water Fund) Tim Burkeen, Capital Program Manager, said the amendment accounts for additional material required to complete the backfill and paving of water main trenches due to unstable soil conditions encountered during the course of construction. Mr. Burkeen said the southerly portion of the White Spar Waterline exists in the right-of- way of Highway 89. Relocation of this waterline was required because the existing main Prescott City Council Regular Voting Meeting Page 8 April 8, 2014 would have been in conflict with the current Arizona Department of Transportation Highway 89 Widening Project. In this case, the City is a third party utility. He said the City contracted with ADOT's Engineer, Dibble Engineering, to prepare the waterline plans and specifications so there would be no conflicts with the highway reconstruction plans. The City and the Contractor were required to obtain and abide by an encroachment permit issued by ADOT. During the course of constructing, within the first 300 feet, staff ran into loose material, different from the anticipated soil described in the geotechnical report. He noted that in another construction project, rock was blasted from one side of the road to the other which now caused the collapse of the trench while excavating. He said staff was requesting the amendment due to subsurface conditions at the site, which were of an unusual nature and different material from those usually encountered. Mr. Burkeen showed a timeline of the project, including the utility work done. Councilman Lazzell said he and Councilman Arnold talked to staff about this issue to make sure the money was being well spent. They agree that it is and also noted that the City now does its geo testing differently to reduce the chance of this happening again. COUNCILMAN ARNOLD MOVED TO APPROVE AMENDMENT NO. 1 TO CITY CONTRACT NO. 2013-216 FOR THE WHITE SPAR WATERLINE RELOCATION PROJECT TO WATKINS/MENDOZA COMPANIES, LLC, IN THE AMOUNT OF $14,363.06; SECONDED BY MAYOR PRO TEM LAMERSON; PASSED UNANIMOUSLY. K. Renewal of TRAKIT Software Maintenance Agreement with CRW Systems, Inc., in the amount of$14,086.80 (various departments and funds) Scott Tkach, City Engineer, said this is a renewal for software maintenance and technical support of the TRAKIT software program through November 30, 2014. The software program tracks real property transactions, capital improvement projects, private development inspections, environmental code enforcement, to name a few. This software is used by Community Development, Fire Department and the Public Works Department and has been in use by the City of Prescott since 1995. COUNCILMAN KUKNYO MOVED TO APPROVE RENEWAL OF THE TRAKIT SOFTWARE MAINTENANCE AGREEMENT WITH CRW SYSTEMS, INC., IN THE AMOUNT OF $14,086.80; SECONDED BY COUNCILMAN ARNOLD; PASSED UNANIMOUSLY. L. Approval of agreement with Billy Casper Golf (City Contract No. 2014-165) for management of the business operations of Antelope Hills Golf Course (Golf Course Enterprise Fund) Prescott City Council Regular Voting Meeting Page 9 April 8, 2014 Joe Baynes, Recreation Services Director, noted that Council initiated the request for the proposal for the operation and maintenance of Antelope Hills Golf Course, with the City retaining the maintenance function, on June 25, 2013. He said with proposals were received and the committee unanimously recommended Billy Casper Golf (BCG). BCG was rated the best marketing firm and provided a detailed transition plan with resources to complete the objectives. BCG also gave the best examples of how they would increase the rounds and revenues. Mr. Baynes said the contract was for a five year term and additional two five year terms with mutual consent. BCG proposed an operating budget of $1.2 million which will be approved by the City of Prescott annually. The BCG annual management fee is $84,000.00 and includes travel. BCG will guarantee the City $1.3 million annually, as a minimum net income. Mr. Baynes said that if they do not reach that amount in two consecutive years, they can cue that amount by paying four months of management fees at $28,000.00 for each of the remaining three years or by paying the aggregate difference between the net operating income for each fiscal year and the guarantee it is not met. Mr. Baynes said the golf carts will continue to be included as an operating budget item with the remaining debt service owed and paid, and BCG leasing the new carts to enforce the City owned fleet as it wears out. The City may terminate for any reason after two years, with a 120 day notice and no penalty. He discussed incentives for BCG and said that revenues were restricted to greens fees, range passes, annual passes and 10 percent of the gross profit margin from food and beverage sales in excess of $500,000.00, and 15 percent, in excess of $40,000.00 for merchandise in the pro shop. He said the annual incentive is capped at not more than the annual management fee. Mr. Baynes said the fiscal year 2015 projections anticipate a $2.9 - $3 million annual budget. Craig McConnell, City Manager, said there would be one budget for Antelope Hills, which will be a City adopted budget. He said the budget will reflect the input of the management firm and Recreation Services. Mr. Baynes described what would be in the budget. He said $50,000.00 would go in a bank account for Antelope Hills golf management that will be controlled by the City. Mr. McConnell noted that the money is working capital. Mr. Baynes continued by saying revenues from that account would pay Antelope Hills Golf Management Company, including the employees of the pro shop and food and beverage, as well as other expenses. The employees will be BCG employees. Mr. McConnell said that all of those expenditures are reflected in the budget that the Council approves annually. Douglas White, Vice President Billy Casper Golf and Chris Jones, Regional Director of Operations addressed the Council. Mr. White congratulated the staff for the development of the request for proposal. He said that they spent a lot of time with City staff to make sure that the agreement is in direct correlation with the goals of the City. Prescott City Council Regular Voting Meeting Page 10 April 8, 2014 He said the incentive structure in the contract is one of the most unique they have amongst 70 municipalities, but also makes the most sense. He said the Mayor had a lot of input on the restaurant side, where BCG has to participate on the cost of sales. He gave a brief PowerPoint of Billy Casper Golf. Councilman Arnold asked if the liquor liability fell under "products" on the insurance schedule. Councilwoman Wilcox said she is happy with the revised contract. Mayor Pro Tem Lamerson said he cared about the employees, and he appreciated their sensitivity to the employees. Councilman Lazzell said he was happy with the selection. Councilman Kuknyo, said this is a campaign promise that is happening. He noted that the City is counting on BCG. Councilman Blair said that the City's employees are special and felt they would be relieved that BCG would be running the golf course. Mayor Kuykendall asked about the debt and how the City is going to account for that. Craig McConnell, City Manager, said the debt would stay on the books as a reminder and incentive for the partnership to do a better job. COUNCILMAN ARNOLD MOVED TO APPROVE CITY CONTRACT NO. 2014-165 FOR MANAGEMENT OF THE BUSINESS OPERATIONS OF ANTELOPE HILLS GOLF COURSE; SECONDED BY COUNCILMAN KUKYNO; PASSED UNANIMOUSLY. M. Adoption of Resolution No. 4222-1431 amending the Third Supplement to the Trust Indenture related to the Municipal Property Corporation Bond Series 2011 for retirement of golf-cart debt (Golf Course Enterprise Fund) Mark Woodfill, Finance Director, presented, saying the MPC 2011 Bond was used in part to purchase golf carts used at Antelope Hills Golf Course. The IRS does not allow the use of tax-exempt financing, such as the MPC 2011 Bond, to be used to purchase assets that will be provided to a third party for-profit business to operate. COUNCILMAN ARNOLD MOVED TO ADOPT RESOLUTION NO. 4222-1431; SECONDED BY COUNCILWOMAN WILCOX; PASSED UNANIMOUSLY. II. ADJOURNMENT There being no further business to be discussed, the Regular Voting Meeting of April 8, 2014, adjourned at 5:14 P.M. MARLIN D. KUYKENDALL, Mayor Prescott City Council Regular Voting Meeting Page 11 April 8, 2014 ATTEST: DANA R. DeLONG, City Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Voting Meeting of the City Council of the City of Prescott, Arizona held on the 8th day of April, 2014. I further certify the meeting was duly called and held and that a quorum was present. Dated this day of , 2014. AFFIX CITY SEAL DANA R. DeLONG, City Clerk PRESCOTT CITY COUNCIL SPECIAL MEETING TUESDAY, APRIL 22, 2014 PRESCOTT, ARIZONA MINUTES OF THE SPECIAL MEETING OF THE PRESCOTT CITY COUNCIL HELD ON APRIL 22, 2014, in the COUNCIL CHAMBERS located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 10:00 A.M. • ROLL CALL Present: Absent: Mayor Kuykendall Councilwoman Wilcox - excused Mayor Pro Tern Lamerson Councilman Arnold, Councilman Blair Councilman Kuknyo Councilman Lazzell I. REGULAR AGENDA A. Airport Area Economic Development Strategic Planning Session 4 Jeff Burt, Economic Initiatives Director, presented, showing a PowerPoint presentation which covered the following: • SESSION 3 REVIEW Mr. Burt noted, the majority of the development in the area, off the airport, will be private sector driven. The City will be in a roll of steering and supporting new development, through infrastructure planning and investments that it makes. He said Public-Private partnerships will be a critical part of what the City does in the future. Two airport options were previously presented for the airport: general aviation or regional. Mr. Burt noted that there were now three options: general aviation, commercial/local and a commercial/regional airport. Mr. Burt said the primary funding source is the Federal Aviation Administration. He said that the Arizona Department of Transportation and the City of Prescott would also contribute to the funding of challenges and opportunities related to airport capital investments necessary to meet strategic planning goal and objectives. Prescott City Council Special Meeting April 22, 2014 Page 2 • PRESCOTT MUNICIPAL AIRPORT (PRC) AS A GENERAL AVIATION AIRPORT (WITH ESSENTIAL AIR SERVICE) Mr. Burt said financial costs to the Airport and City are minimized with this option. Strong FAA support, which would need to be built, could enable all General Aviation Airport improvements to be completed in less than 15 years. • THE GENERAL AVIATION AIRPORT OPTION • GENERAL AVIATION AIRPORT- CAPITAL PROJECTS AND ESTIMATED COSTS • GENERAL AVIATION AIRPORT PROJECT LOCATIONS • PRESCOTT MUNICIPAL AIRPORT AS A COMMERCIAL LOCAL AIRPORT • THE COMMERCIAL LOCAL AIRPORT OPTION • COMMERCIAL LOCAL AIRPORT — CAPITAL PROJECTS AND ESTIMATED COSTS • COMMERCIAL LOCAL AIRPORT PROJECT LOCATIONS • COMMERCIAL REGIONAL AIRPORT OPTION Mr. Burt noted that the Airport had land available to develop the facilities and infrastructure necessary to become a Regional Airport, however, issues of land use and noise will come up. He said small markets are being left out of the air service industry unless they are subsidized. For many airlines the return has to be profitable enough to locate in an area. It will be difficult for smaller airports to maintain a return on investment. He said the commercial regional airport would provide the balance the City needs and will protect the options in the future if markets in the airline industry make a change in their practices and policies. • COMMERCIAL REGIONAL AIRPORT OPTION - ATTRIBUTES AND OUTCOMES • COMMERCIAL REGIONAL AIRPORT — CAPITAL PROJECTS AND ESTIMATED COSTS • COMMERCIAL REGIONAL AIRPORT PROJECT LOCATIONS • AIRPORT RECOMMENDATION Prescott City Council Special Meeting April 22, 2014 Page 3 Mr. Burt said the airport needs private sector support if it is to remain an economic engine. The challenge of securing air passenger service for small markets will be steeper in the future and the financial resources for the Airport and City are severely limited. He noted that the recommended short to medium term course is to pursue the Commercial (Local) Airport option through actions which build toward, and are not inconsistent with, the long term possibility of "regional airport" scheduled passenger service. • COMMERCIAL LOCAL AIRPORT PROJECT TIMELINES The Federal Aviation Administration (FAA) will decide what projects will get funded, and what the timeframe will be for those projects. Building a strong relationship with the FAA will be essential. • ACHIEVING THE AIRPORT AREA VISION • AIRPORT AREA STRATEGIC ACTIONS FOR ECONOMIC DEVELOPMENT Mr. Burt talked about the strategic actions that will allow the City to lead and provide direction in the future. He noted that the City has identified the 8,000 acre Airport Area as a focal point of its future. o Capitalizing on the City's investment in public infrastructure in the Airport Area and create a guide to assist the development community o Create site-specific projects for hotel development o Solicit interest from and invite firms to visit Prescott that specialize in the development of conference/meeting centers o Prepare and implement a business attraction plan keyed to the opportunities and assets found in the Airport Area and Prescott region o Engage the business community in the Airport Area through the ongoing business,visitation retention/expansion program o Partner with are educational institutions to identify resources that can help facilitate private sector job creation o Establish economic development policies and incentives specific to the Airport Area • Going Forward May—June FY 15 Budget Process May— June Meetings with Stakeholders Prescott City Council Special Meeting April 22, 2014 Page 4 FY 15 Grant Funding Applications Fall 2014 Update to Council on progress Mayor Pro Tern Lamerson asked about the Big Chino Ranch project and the ballot language for Proposition 401. He asked whose money was being used. Jon Paladini, City Attorney, said he would get the answer to him. Councilman Blair asked Dr. Ayers, Chancellor of Embry-Riddle, Prescott campus, if Embry-Riddle would consider becoming an interim quasi/commercial airliner to fly people to Phoenix to get their pilots some hours. Dr. Frank Ayers said they are in the business of educating young people and Embry- Riddle sees growth in their pilot training and education. He said the pilots they educate only have 1000 hours to meet to fly for airliners. He said they are not looking at stepping into scheduled airline operations. Councilman Lazzell asked if the Federal Government would help pay for a new terminal instead of a renovated terminal if the City of Prescott was to choose the general aviation option. Jeff Tripp, Airport Manager, said that he did not believe the FAA funds general aviation terminals. He said the challenge as a general aviation airport is that funding priorities drop dramatically. Prescott would be competing with 70 percent of the airports for about 20 percent of the funds. He noted that staff is trying to layout a long term plan. Councilman Lazzell asked if Prescott would be able to build an air strip that would accommodate all forest service aircraft if they chose the general aviation option. Mr. Tripp said that would involve working with the FAA to determine what they would want to fund. He said getting a clear 20 year direction will be important. Councilman Kuknyo said he would like to see the City of Prescott move on the second option. He said every bomber that runs on the Prescott airport is on a special use permit, because they are too heavy. Mr. Tripp said the Forest Service likes the location here. He said the City needs to be cognizant of the forest service's future needs, as they are looking to expand at a third loading pit. The City should look at their fleet mix to determine if the runways need to be extended. Councilman Kuknyo said the terminal is too close to the active runway. He thought a small terminal should be built with plans for future additions. To increase enplanements, he suggested tourism flights to Sedona and the Grand Canyon. Councilman Arnold asked when the decision point would be. He said he did not want it to be another year before it happened. Craig McConnell, City Manager, said the initial projects will show up in the Capital Improvement Program for the FY 15 budget. Mayor Pro Tern Lamerson said he would like to move forward sooner, than later. Councilman Kuknyo agreed. Prescott City Council Special Meeting April 22, 2014 Page 5 There was a discussion of the breakdown of projects and the funding. Mayor Kuykendall asked about the commercial/local option and said it was selected at the starting point by the Council. He asked if the terminal was going to stay on the north side with that option. Mr. Burt said there was an option to keep the terminal where it was or move it. He noted that the south-side option was a more realistic option. Mayor Kuykendall asked about the timeline for the general aviation terminal and noted that Taxiway C relocation and renovation was a must for all options and that the relocation of the terminal was a must, since the taxiway would go through the terminal. Mr. Burt said there may be a two to three year period when an environmental impact study needs to be done, which will be an FAA decision. He said there is an annual review meeting with the FAA scheduled for June 2014. Councilman Lazzell asked how the FAA distributes the funds. Mr. Tripp said the FAA's annual funds are requested through Congress. The FAA stresses that the municipal airports pick a long-term plan and stick to it so the FAA can manage their funds. He said it will come down to how much money they have and which projects take higher priorities. Mayor Pro Tern Lamerson thought staff should talk to the FAA before we go into the budget process. Mr. Tripp said the FAA is aware of what the City of Prescott is doing, and staff has been talking to them. He said the City will have the first planning meeting with the FAA at the end of May. Councilman Kuknyo said the state is investing in the Airport Area Economic Development. The Highway 89 expansion plan goes right by the airport. He said the airport area will be an economic hub. Councilman Arnold said he did not have a clear direction from any of the last four sessions. He asked if the City of Prescott was going to proceed with a commercial/local airport as recommended. He noted that they had not made a determination of what the vision was for the future and did not know what Council was going to put in the budget. Mr. Connell said staff is recommending the commercial/ local option; it is the Council's direction as to what is ultimately decided. Councilman Arnold said he is fine with staff's recommendation. Mayor Kuykendall invited the public in the audience to address the Council. There were no public comments. II. ADJOURNMENT Prescott City Council Special Meeting April 22, 2014 Page 6 There being no further business to be discussed, the April 22, 2014, Prescott City Council Special Meeting adjourned at 11:10 A.M. MARLIN D. KUYKENDALL, Mayor ATTEST: DANA R. DeLONG, City Clerk PRESCOTT CITY COUNCIL SPECIAL MEETING TUESDAY, APRIL 22, 2014 PRESCOTT, ARIZONA MINUTES OF THE SPECIAL MEETING OF THE PRESCOTT CITY COUNCIL HELD ON APRIL 22, 2014, in the COUNCILCHAMBERS located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 1:00 P.M. • ROLL CALL Present: Absent: Mayor Kuykendall Councilwoman Wilcox - excused Mayor Pro Tern Lamerson Councilman Arnold Councilman Blair Councilman Kuknyo Councilman Lazzell I. REGULAR AGENDA A. The FY 15 Budget- preliminary outlook and Council discussion of goals, progress and projects Mark Woodfill, Finance Director, announced that this was a continuation of the February 11, 2014 meeting. He showed a PowerPoint presentation which covered the following: • PRELIMINARY FY 15 GENERAL FUND REVENUES Mr. Woodfill noted that there was a 2.4 percent projected increase in sales tax, based on business growth and a 4.1 percent increase in total General Fund revenues. • PRELIMINARY FY 15 GENERAL FUND OPERATING EXPENDITURES Mr. Woodfill said that Public Safety was up to 71 percent of the General Fund, compared to 67 percent the previous year. Alison Zelms, Deputy City Manager, showed a PowerPoint presentation which covered: • STRATEGIC GOALS BACKGROUND Prescott City Council Special Meeting April 22, 2014 Page 2 • LINKING COUNCIL POLICY/GOALS WITH THE MANAGEMENT WORKPLAN/ACTIONS • VISION & MISSION STATEMENT • OTHER PLANNING RESOURCES • GENERAL PLAN — MAJOR CITY GOALS Councilman Arnold said he would lend more credence to the current approved General Plan than the 2014 draft General Plan, since it has not been vetted by the Council. Ms. Zelms noted that as they go forward, the strategic plan is much more in line with the 2003 General Plan language. • GUIDING PRINCIPLES FOR LONG-TERM PLANNING • STRATEGIC GOALS Councilman Arnold asked what in the 2015 budget was attributed to moving toward more affordable housing units. Mr. McConnell said the reduction of impact fees can be passed along to decrease the cost of housing. He said the City is not in the business of manipulating markets to arrive at an outcome. • LINKING THE STRATEGIC GOALS AND ANNUAL WORKPLANS • INTEGRATION WITHIN THE ANNUAL BUDGET PROCESS • QUESTIONS TO BE ANSWERED Councilman Arnold asked if there was a benefit to staff studying the housing situation in the community. He did not feel a housing study needed to be done in 2015. Councilman Kuknyo suggested that staff continue to look at zoning. Councilman Blair said there should be flexibility in the codes. Mr. McConnell noted that staff needed to do some work on terminology in affordable housing and water allocation. Councilman Arnold commented that there are several areas in the presentation that declared the City was taking a "continuing role" in the development of the downtown area and would like to see that further defined. He would like to understand from management's perspective what that continuing role is anticipated to be. There was a discussion about the rehabilitation houses and housing demographics in Prescott. Mayor Pro Tern Lamerson thought that having housing priced out of realistic price ranges had created a huge market place for rehabilitation facilities. Councilman Arnold said it was a major priority to continue that discussion. Prescott City Council Special Meeting April 22, 2014 Page 3 Mr. McConnell said staff was planning to come to the Council on May 2, 2014 to discuss the process and schedule of the General Plan. Ms. Zelms said that all the comments will be put to use in the budget process and noted that the goals do not come without challenges. Mr. McConnell noted the purpose of the Special Budget Meeting was to provide a higher level context for work programs and goals. He said that through the presentation, the basis has been established. Staff is presenting more budget meetings this year than they have in prior years. Mayor Pro Tern Lamerson asked when Council would be getting the retirement requirements for the Public Service employees from the state. Ms. Zelms said that it would not be before June. Mayor Pro Tem Lamerson said it is difficult to set the budget before Council had that information. Mr. McConnell said staff is going to continue providing the same public safety services until they have an opportunity to digest the recommendations and determine what makes sense with Council. He said that from a policy standpoint staff and Council will have to determine if they want to make some shifts. II. ADJOURNMENT There being no further business to be discussed, the April 22, 2014, Prescott City Council Special Meeting adjourned at 2:02 P.M. MARLIN D. KUYKENDALL, Mayor ATTEST: DANA R. DeLONG, City Clerk PRESCOTT CITY COUNCIL REGULAR VOTING MEETING TUESDAY, APRIL 22, 2014 PRESCOTT, ARIZONA MINUTES OF THE REGULAR VOTING MEETING OF THE PRESCOTT CITY COUNCIL HELD ON APRIL 22, 2014, in the COUNCIL CHAMBERS located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 3:00 P.M. • INTRODUCTIONS No introductions were made • INVOCATION by Pastor Jesse Liles, Willow Hills Baptist Churct • PLEDGE OF ALLEGIANCE by Mayor Pro Tern Lamerson • ROLL CALL: Present: Absent: Mayor Kuykendall None Mayor Pro Tern Lamerson Councilman Arnold Councilman Blair Councilman Kuknyo Councilman Lazzell Councilwoman Wilcox —telephonically • ANNOUNCEMENTS No announcements were made Prescott City Council Page 2 Regular Voting Meeting April 22, 2014 I. CONSENT AGENDA A. Approval of Council minutes of the Special Meeting held on March 11, 2014; Regular Voting Meeting held on March 11, 2014; Special Meeting, Airport Area Economic Development Strategic Planning Session 3 held on March 25, 2014; Special Meeting held on March 25, 2014; Regular Voting Meeting held on March 25, 2014; and the Workshop Meeting held on April 1, 2014 B. Approval of purchase of software licenses from InterSystems Corporation for the City Court Cache database system, in a total amount not to exceed $13,343.47 (General Fund) C. Approval of the acceptance of grant awards from the Governor's Office of Highway Safety in the total amount of $21,013.16 for traffic education and enforcement D. Adoption of Ordinance No. 4884-1422 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE PURCHASE OF A SEWER EASEMENT FROM DOWNER TRAIL, LLC, FOR THE "DOWNER 16 LIFT STATION" AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID PURCHASE MAYOR PRO TEM LAMERSON MOVED TO APPROVE CONSENT AGENDA ITEMS I.A.-I.D; SECONDED BY COUNCILMAN ARNOLD; PASSED UNANIMOUSLY. II. REGULAR AGENDA A. Public Hearing and consideration of a liquor license application from Robert Joseph Nelson, applicant, for a Series 09S Sampling license, for Fry's Food and Drug Store #77, located at 3198 Willow Creek Road (Liquor License No. 09133001) Dana DeLong, City Clerk, presented. She noted that Fry's Food and Drug held two liquor licenses, one of them was inactive. She said for business purposes, Fry's retained both licenses and requested a Sampling license for each. The application was properly posted for the State mandated 20 day period. No petitions or protests had been received during this period. She said the application cleared Planning and Zoning and the City of Prescott Police Department. Lauren Merritt, liquor consultant for Fry's Food and Drug, was present for questions. Prescott City Council Page 3 Regular Voting Meeting April 22, 2014 Councilman Kuknyo asked why Fry's would have two licenses. Ms. Meritt said the state did not issue that type of license anymore, so they held on to both licenses for potential future growth. She noted that the state can issue Series 9 licenses after each census, depending on the population and gave a description of the Series 9 and Sampling licenses. MAYOR PRO TEM LAMERSON MOVED TO CLOSE THE PUBLIC HEARING; SECONDED BY COUNCILMAN KUKNYO; PASSED UNANIMOUSLY. MAYOR PRO TEM LAMERSON MOVED TO APPROVE LIQUOR LICENSE APPLICATION NO. 09133001, FOR A SERIES 09S, SAMPLING, LICENSE, FOR FRY'S FOOD AND DRUG STORE #77, LOCATED AT 3198 WILLOW CREEK; SECONDED BY COUNCILMAN KUKNYO; PASSED UNANIMOUSLY. B. Public Hearing and consideration of a liquor license application from Robert Joseph Nelson, applicant, for a Series 09S Sampling license, for Fry's Food and Drug Store #77, located at 3198 Willow Creek Road (Liquor License No. 09130029) Dana DeLong, City Clerk, presented. MAYOR PRO TEM LAMERSON MOVED TO CLOSE THE PUBLIC HEARING; SECONDED BY COUNCILMAN KUKNYO; PASSED UNANIMOUSLY. COUNCILMAN KUKNYO MOVED TO APPROVE LIQUOR LICENSE APPLICATION NO. 09130029, FOR A SERIES 09S, SAMPLING, LICENSE, FOR FRY'S FOOD AND DRUG STORE #77, LOCATED AT 3198 WILLOW CREEK ROAD; SECONDED BY MAYOR PRO TEM LAMERSON; PASSED UNANIMOUSLY. C. Legislative Update Alison Zelms, Deputy City Manager, presented the following bills: House Bill (HB) 2448 titled Just Compensation and Tax Credits. The bill failed on the floor but would be back for consideration. It would provide a right to exact funds, without due process from a city government. HB 2517 related to local gun control relative to laws regarding taxation, use and selling of firearms. The bill did not pass, but the League of Cities has requested a veto of the bill. There was recent action on the Liquor Omnibus bill which passed, with a minor amendment that addressed the Craft distillery concerns. Prescott City Council Page 4 Regular Voting Meeting April 22, 2014 D. Adoption of Ordinance No. 4883-1421 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE PURCHASE OF A NOISE AND ODOR EASEMENT AND THE PURCHASE OF REAL PROPERTY FROM ARIZONA ECO DEVELOPMENT, LLC FOR THE "PRESCOTT AIRPORT WATER RECLAMATION FACILITY EXPANSION PROJECT" AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID PURCHASES Scott Tkach, City Engineer, presented. He said this item is to approve an ordinance to acquire a noise and odor easement and real property necessary to operate the Prescott Airport Water Reclamation Facility which is nearing the end of its construction period. Mr. Tkach said the plant is increasing from 1.2 million gallons per day (MGD) to 3.75 MGD under Phase 1. He noted that the City needed a 1,000 foot setback per Arizona Department of Environmental Quality (ADEQ) requirements. Some of the benefits of the real property purchase are to re-establish the western edge of Granite Creek to reduce the erosion of the creek bank along the treatment plant, install landscape plantings to screen the treatment plant, installation of the replacement sewer trunk main and future solar facilities to reduce energy costs. Mr. Tkach said staff is requesting to purchase 63.684 acres of noise and odor easement at a total cost of$317,016.30, plus closing costs and 23.821 acres of fee simple real property at a cost of$251,002.00, plus closing costs. Councilman Arnold asked if they are sure the property would be enough for future expansion of the plant. Mr. Tkach said yes, up to 15 million gallons per day, which is build out for the City. Mayor Kuykendall asked if there was a reason why the City only purchased an easement. Mr. Tkach said the developer wished to reserve some of the land for potential open space. Mayor Kuykendall asked if the City was protected from any nuisance the plant might create. Craig McConnell, City Manager, said the City is actually acquiring a noise and odor easement and a contract between both parties acknowledges that. Jon Paladini, City Attorney, said the grantor of the actual easement agrees to release any and all claims against the City. Jason Gisi, Prescott resident, said that the open space in Granite Creek was one issue, the property that is located next to the sewer treatment plant is now forever encumbered by an odor and noise easement, so if there was a successor, they would take the title subject to that obligation. Mr. Paladini said the easement runs with the land. Prescott City Council Page 5 Regular Voting Meeting April 22, 2014 COUNCILMAN LAZZELL MOVED TO ADOPT ORDINANCE NO. 4883-1421; SECONDED BY COUNCILMAN KUKNYO; PASSED UNANIMOUSLY. E. Approval of one-year extensions of contracts for analytical laboratory services with: 1) XENCO Laboratories, Inc., not to exceed $14,000.00; 2) TestAmerica, Inc., not to exceed $45,000.00; and 3) Bradshaw Mountain Essentials, LLC, not to exceed $20,000.00 (City Contract Nos. 2012-205, 2012-206, 2012-207; Water and Wastewater Funds) Joel Berman, Utilities Manager, presented. This item is to approve an extension to three individual unit price contracts. The contracts are used on an "as needed" basis by the Utilities Department. He said the City is required to test the water and wastewater systems to ensure the health and safety of the public as well as the environment. Various wastewater samples are collected by City staff and sent to the compliance laboratory monthly, quarterly and annually as required by the regulatory agencies to maintain compliance. Mr. Berman said the results of the testing are published annually in the Consumer Confidence Report as required by ADEQ. COUNCILMAN ARNOLD MOVED TO APPROVE A ONE-YEAR EXTENSION TO EACH OF THREE CONTRACTS FOR ANALYTICAL LABORATORY SERVICES, IN AMOUNTS NOT TO EXCEED $14,000.00 FOR XENCO LABORATORIES, INC., $45,000.00 FOR TESTAMERICA, INC., AND $20,000.00 FOR BRADSHAW MOUNTAIN ESSENTIALS, LLC (CITY CONTRACT NOS. 2012-205, 2012-206, AND 2012-207); SECONDED BY COUNCILMAN KUKNYO; PASSED UNANIMOUSLY. F. Award of bid and contract for the FY13/14 Small Water Mains Upgrades Phase 1 Project to Capital Improvements, LLC, in the amount of $1,094,000.00 (City Contract No. 2014-171; Water Fund) Tim Burkeen, Capital Program Manager, presented. He noted that the contract was for the installation of 34,000 linear feet of new water main and 110 new water services. COUNCILMAN KUKNYO MOVED TO APPROVE THE AWARD OF BID AND CONTRACT FOR THE FY13/14 SMALL WATER MAINS UPGRADES PHASE 1 PROJECT TO CAPITAL IMPROVEMENTS, LLC, IN THE AMOUNT OF $1,094,000.00 (CITY CONTRACT NO. 2014-171); SECONDED BY COUNCILMAN ARNOLD; PASSED UNANIMOUSLY. G. Award of bid and contract for the FY 2014 Pavement Preservation Project to Southwest Slurry Seal, Inc., in the amount of $1,044,104.70 (City Contract No. 2014-170; 1% Streets and Open Space Fund) Tim Burkeen, Capital Program Manager, presented. He said the City budgets annually for pavement rehabilitation and reconstruction. This contract is for pavement Prescott City Council Page 6 Regular Voting Meeting April 22, 2014 preservation. The project consists of placing 150,000 square yards of micro-surfacing of the City maintained portions of various roads and Highway 89. He noted that restoration of traffic stripping and pavement preservation work at the administration parking lot at the Prescott Municipal airport. Councilwoman Wilcox said her opinion was to wait before spending large sums of money from the Streets and Open Space Fund until Council gets the Open Space Acquisition Plan figured out. She said the Council has spent far more of the Open Space and Streets Fund on the streets in the past five to six years. She would like to see the Council restore the confidence of the voters in the promise of the Council to have an Open Space plan for the benefit of the entire City. She said it is time for Council to show some good faith that the money that was collected for open space should go to open space. Councilman Kuknyo said that he respectfully disagreed with Councilwoman Wilcox. He said the City would be preserving asphalt, to keep the costs down. He said that he thought the project had been put on a schedule and the City got the most out of the pavement that was already laid down. Craig McConnell, City Manager, said that the list of projects funded by the One Cent Sales Tax for Streets and Open Space, fall into several different categories. He said it is the time to apply the treatments to the streets, to prolong their service life. Another category would be reconstruction, which can be deferred, on occasion. He said if Council was trying to find money for open space, they should look at reconstruction projects, rather than maintenance. If the City is able to keep the maintenance up, they will save a lot of money in reconstruction that may not be available in the future. Councilman Lazzell said he has many more discussions with taxpayers about the streets than about open space. Councilman Arnold said if Council wants to discuss delaying projects, they should do that during the budget cycle. COUNCILMAN BLAIR MOVED TO AWARD THE BID AND CONTRACT FOR THE FY 2014 PAVEMENT PRESERVATION PROJECT TO SOUTHWEST SLURRY SEAL, INC., IN THE AMOUNT OF $1,044,104.70 (CITY CONTRACT NO. 2014-170); SECONDED BY COUNCILMAN KUKNYO; PASSED 6-1, COUNCILWOMAN WILCOX DISSENTING. H. Approval of a professional services agreement with Plateau Engineering, Inc., to provide engineering services for the Rosser Street Reconstruction Phase IV Project in an amount not to exceed $188,472.05 (City Contract No. 2014-168; 1% Streets and Open Space Fund) Scott Tkach, Acting Public Works Director, presented. He said the work would include geotechnical investigations, subsurface utility investigations, survey, concrete flat work, Prescott City Council Page 7 Regular Voting Meeting April 22, 2014 water and sewer improvements and post design construction services. He said traffic calming opportunities will be looked at and evaluated. Councilwoman Wilcox asked that staff wait on this project for a year, before the Streets and Open Space money is used up. Councilman Kuknyo asked if the studies done for this project are stored and used again for other projects. Mr. Tkach said staff stores the technical reports so they can access the information. Councilman Kuknyo noted that Council pledged $500,000.00 toward the purchase of Granite Dells in the last meeting and he was not willing to delay street improvements in the City of Prescott for a year. Councilman Lazzell asked about the traffic calming. Craig McConnell, City Manager, said staff would bring that item to Council, for discussion purposes, prior to going to bid. Councilman Arnold said that this item has been budgeted for and there have been hundreds of man hours put into the project. He was thankful that Plateau Engineering was using a local firm for their soils testing. Mr. Tkach noted that 20 percent of the contract was going to local firms. MAYOR PRO TEM LAMERSON MOVED TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH PLATEAU ENGINEERING, INC., TO PROVIDE ENGINEERING SERVICES FOR THE ROSSER STREET RECONSTRUCTION PHASE IV PROJECT IN AN AMOUNT NOT TO EXCEED $188,472.05 (CITY CONTRACT NO. 2014-168); SECONDED BY COUNCILMAN KUKNYO; PASSED 5-2, COUNCILMAN BLAIR AND COUNCILWOMAN WILCOX DISSENTING. I. Adoption of Resolution No. 4223-1432 approving an Intergovernmental Agreement with the State of Arizona, through its Department of Transportation, for design and construction of the SR 69 Widening Project between MP 293.64 and MP 294.70 (Prescott Lakes Parkway to the Yavapai- Prescott Indian Tribe Reservation boundary); and transfer of ownership jurisdiction and maintenance responsibility to the City upon project completion Scott Tkach, City Engineer, presented, saying approval of this item will authorize the completion of a six lane section from Gurley Street to Walker Road. The Intergovernmental Agreement (IGA) describes the obligations of the parties pertaining to the improvement of the SR 69 segment. In summary, ADOT will: • Secure funding, design (Project Assessment, Design Concept Report and Engineering Design), and construct the improvements to SR 69 • Acquire rights-of-way for the SR 69 improvements and roundabout intersection Prescott City Council Page 8 Regular Voting Meeting April 22, 2014 • Widen SR 69 to six through lanes with a twelve-foot (12') flush center median and sidewalk between MP 293.64 and MP 294.70 • Provide a minimum ten (10) year surface treatment on existing SR 69 pavement 'Construct grade for a roundabout at a future intersection on State Land The City will: • Review and comment on design documents pertaining to City requested elements • Be responsible for increased project costs arising from changes requested by City • Work with the State to identify future intersection locations on the State Land • Accept ownership and maintenance responsibility for SR 69 between MP 293.64 and MP 294.70 upon project completion • Waive the requirements of Arizona Revised Statute 28-7209 for the area to be abandoned and transferred to the City Mr. Tkach said if the Arizona Department of Transportation has not started the construction within six years, the IGA could go away. He said the segment of road could add approximately $40,000.00 annually to the operations and maintenance of the City's streets. Mayor Kuykendall thanked Councilman Kuknyo for pushing the item through the system. Councilman Kuknyo said a lot of people worked on getting the project back on the schedule. Councilwoman Wilcox asked about the future roundabout into State land and why that would be needed. Mr. Tkach said the roundabout would open up some state land for potential development. Craig McConnell, City Manager, added that there was state land, for which access has to be provided. He said that it makes sense to design the roundabout into the project now, rather than try to figure out where to put an intersection in at a later date. Mayor Kuykendall asked if the City of Prescott would maintain the roundabout. Mr. McConnell answered that ADOT is willing to work with the City of Prescott to widen the segment, so Prescott will have to maintain the segment. He noted that there are four existing lanes and ADOT will do a construction and resurfacing treatment on those lanes to add, not less than, a ten year service life. Prescott City Council Page 9 Regular Voting Meeting April 22, 2014 Councilwoman Wilcox asked if the roundabout would eliminate the need for another bypass road south of State Route 69. Mayor Kuykendall said the roundabout would provide access to the adjacent state land when they decide to do something with it. Councilwoman Wilcox said on the Central Yavapai Metropolitan Planning Organization 2030 plan, there is a bypass route going south of SR 69, that would cut through residential areas. She asked if that was still contemplated. Mr. McConnell said that design goes back a number of years. He thought the conclusion was that it was unaffordable. The roundabout is one type of an intersection on SR 69, similar to the intersection at Prescott Lakes Parkway. He said they only know that there is state land on both sides that has the right to be accessed, so there needs to be an intersection. There is no expectation that the intersection on the south side will connect to any major new facility parallel to SR69. Daniel Mattson, Prescott resident, said a roundabout on a highway is a bad idea. Councilman Kuknyo said there will be a lot of public discussion, prior to the plan going into effect. Councilman Arnold said it is only referenced in the exhibit that it is a future location of a traffic signal or roundabout. Mr. Tkach said there are studies that show roundabouts function at a higher level of service. The roundabout moves more traffic through the intersection than a stop sign and there are no fatalities because drivers have to slow down to maneuver through the roundabout. Mr. McConnell said this is a state highway, and ADOT will go through the prescribed process with ample opportunity for public input for the preliminary design. MAYOR PRO TEM LAMERSON MOVED TO ADOPT RESOLUTION NO. 4223-1432; SECONDED BY COUNCILMAN BLAIR; PASSED UNANIMOUSLY. III. ADJOURNMENT There being no further business to be discussed, the Regular Voting Meeting of April 22, 2014, adjourned at 4:12 P.M. MARLIN D. KUYKENDALL, Mayor Prescott City Council Page 10 Regular Voting Meeting April 22, 2014 ATTEST: DANA R. DeLONG, City Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Voting Meeting of the City Council of the City of Prescott, Arizona held on the 22nd day of April, 2014. I further certify the meeting was duly called and held and that a quorum was present. Dated this day of , 2014. AFFIX CITY SEAL DANA R. DeLONG, City Clerk PRESCOTT CITY COUNCIL SPECIAL MEETING WEDNESDAY, APRIL 23, 2014 PRESCOTT, ARIZONA MINUTES OF THE SPECIAL MEETING OF THE PRESCOTT CITY COUNCIL HELD ON APRIL 23, 2014, in the LOWER LEVEL CONFERENCE ROOM located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 10:03 A.M. ♦ ROLL CALL Present: Staff Mayor Kuykendall Craig McConnell, City Manager Mayor Pro Tern Lamerson Jon Paladini, City Attorney Councilman Arnold* Dana DeLong, City Clerk Councilman Blair Alison Zelms, Deputy City Manager Councilman Kuknyo** Mark Woodfill, Finance Director Councilman Lazzell Joel Berman, Utilities Manager, Public Works Councilwoman Wilcox — absent/excused * Attended telephonically and departed at 10:41 a.m. **Arrived at 10:15 a.m. CALL TO ENTER INTO EXECUTIVE SESSION Upon a public majority vote of the members constituting a quorum, the Council may hold an executive session that is not open to the public for the purposes set forth below. When the executive session ends, Council may adjourn or return to open session. MAYOR PRO TEM LAMERSON MOVED TO RECESS INTO EXECUTIVESESSION; SECONDED BY COUNCILMAN LAZZELL; PASSED UNANIMOUSLY. The Prescott City Council recessed into Executive Session at 10:04 A.M. EXECUTIVE SESSION Special Meeting April 23, 2014 2 I. LEGAL MATTERS A. The City Council will meet with the City Attorney for legal advice, discussion and consultation regarding its position in pending or contemplated litigation, including settlement discussions conducted in order to avoid or resolve litigation. A.R.S. §38-431.03(A)(3)and(4) 1) Pure Wafer adv. City of Prescott B. The executive session adjourned at 11:12 A.M. II. ADJOURNMENT There being no further matters to come before the Special Meeting, the meeting was adjourned at 11:12 A.M. MARLIN D. KUYKENDALL, Mayor ATTEST DANA R. DeLONG, City Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Meeting of the City Council of the City of Prescott, Arizona held on the 23rd day of April, 2014. I further certify the meeting was duly called and held and that a quorum was present. Dated this day of , 2014. AFFIX CITY SEAL DANA R. DeLONG, City Clerk CITYov PRESCOTT� .pe:/ 4;i-/ oon-1 ft COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: City Clerk AGENDA ITEM: Approval of minutes for the Council meetings held on April 8, 2014, April 22, 2014, and April 23, 2014. Approved By: Date: City Clerk: DeLong, Dana 05/02/2014 Item Summary Attached for approval are the Council minutes of the Special Voting Meeting - Open Space Program held on April 8, 2014; Regular Voting Meeting held on April 8, 2014; Special Meeting - Airport Area Economic Development Strategic Planning Session 4 held on April 22, 2014; Special Meeting - FY 15 Budget held on April 22, 2014; Regular Voting Meeting held on April 22, 2014; and the Special Meeting - Executive Session held on April 23, 2014 Attachments 1. April 8, 2014 Special Voting Meeting Minutes - Open Space Program 2. April 8, 2014 Regular Voting Meeting Minutes 3. April 22, 2014 Special Meeting Minutes -Airport Area Planning Session 4 4. April 22, 2014 Special Meeting Minutes - FY 15 Budget 5. April 22, 2014 Regular Voting Meeting Minutes 6. April 23, 2014 Special Meeting Minutes Recommended Action: MOVE to approve the Council minutes as presented. PRESCOTT CITY COUNCIL SPECIAL VOTING MEETING TUESDAY, APRIL 8, 2014 PRESCOTT, ARIZONA MINUTES OF THE SPECIAL VOTING MEETING OF THE PRESCOTT CITY COUNCIL HELD ON APRIL 8, 2014, in the COUNCIL CHAMBERS located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 1:02 P.M. • ROLL CALL Present: Absent: Mayor Kuykendall None Mayor Pro Tem Lamerson Councilman Arnold Councilman Blair Councilman Kuknyo Councilman Lazzell Councilwoman Wilcox I. DISCUSSION / POSSIBLE ACTION ITEM A. Open Space Program and proposal to sell privately-owned property in the Granite Dells to the City Joe Baynes, Recreation Services Director, said on March 4, 2014, Recreation Services presented an overview of the City's Open Space Program to the Council. He noted that, working with non-profit partners, citizen groups and owners of private properties, the City had been conserving selected parcels and lineal corridors since the 1990's, through donations, purchases and acquisition of easements. He discussed some of the key milestones. There had been recent discussions concerning the expansion of Goldwater Lake Park through purchases of adjoining Forest Service land. The purchases can be made from the remaining balance of park impact fees, rather than using the One Percent Sales Tax for Streets and Open Space. Mr. Baynes said the open space expenditures from sales tax, up to the current point, have totaled just over $16 million. This levy will expire December 31, 2015 and will be replaced with a 3/4 percent sales tax for streets. The projected revenue is $13.4 million for fiscal year 2015. The quarter percent reduction equates to $3.4 million less than would be available annually for street operations, maintenance rehabilitation and other considerations. Prescott City Council Special Voting Meeting April 8, 2014 Page 2 Councilman Blair asked what the purchase amount was for Watson and Willow Lakes. Mayor Pro Tern Lamerson said, with interest, it was approximately $32 million. Councilman Blair noted that open space was purchased, before the Open Space initiative was approved. He also referred to the purchase of The Scar, on the side of Thumb Butte. Mr. Baynes continued, saying that in fiscal year 2014, $500,000.00 had been budgeted for Open Space and another $500,000.00 is on the budget for fiscal year 2015, subject to Council approval in June 2014. He said that the City of Prescott had an offer from Mr. Wirth on April 8, 2013, which was declined. The City received a second offer from Mr. Wirth on February 5, 2014. The offer has been discussed with Mr. Wirth and the Granite Dells Preservation Foundation. The property is located outside the City limits. The City is being asked to acquire 80 of the 83 acres. The Granite Dells Foundation would hold title to the additional 3 acres containing the buildings and other facilities. Mr. Baynes noted that a private benefactor is willing to contribute $1 million, with $500,000.00 applied to the purchase price of the 80 acres and the balance to the Foundation for startup costs for the 3 acre parcel. He continued, by saying that, as part of the offer Mr. Wirth is requesting a 50 foot wide access and utility easement to the Storm Ranch property. Mr. Baynes showed a map of the area and noted that the improvements had not been addressed in the proposal. Councilman Kuknyo asked about the purpose of the easement crossing the Peavine Trail. Craig McConnell, City Manager, said it was for access and utilities. Councilwoman Wilcox thought this was a good time to make a purchase of an important piece of key property, because it was the 150th Anniversary of the City of Prescott. She said the Dells are the entry point to one of the most marvelous `geologic wonders in the region. She said the revenue stream will exist until December 2015. The City will collect $26 million dollars by 2015. She would like to get an appraisal, for a basis for comparison and did not want to see the 80 acres developed. Councilwoman Wilcox asked Council to consider creating a small team of Council members to discuss the offer with City staff. She commended the Foundation and all of the organizations who have raised money for this purchase. She noted that the Granite Dells Foundation was willing to assume the responsibility for maintenance of the buildings. She said there are many other partners that could be brought in, including the County and Prescott Valley. Councilman Arnold would like to see the Dells piece preserved. He said the property was overpriced at $4 million and he does not feel that it was solely the City of Prescott's obligation to acquire the property. He said the property has a massive value, preserving it for open space and also for tourism. *Amended at the Council meeting of May 13, 2014 Prescott City Council Special Voting Meeting April 8, 2014 Page 3 He was concerned about the property becoming an active facility. He would like to see Council give direction to pursue discussions with the Granite Dells Foundation and other potential third parties to structure an acquisition plan that includes maintenance, within the next 12 months. Mayor Pro Tern Lamerson said he recognized the priority of the Dells. He commented on the tax structure changing and the money the City may owe to pay off lawsuits regarding the Yarnell fire. Councilman Kuknyo discussed the history of the Wirth property. He also mentioned current newspaper articles and the likelihood of re-opening the swimming hole and the dance hall. He mentioned that voters clearly voted, in May 2000, for the City to spend up to $40 million for open space from the streets tax. To date, approximately $6.4 had been spent. He discussed Resolution 3243 and 3231, regarding open space. Councilman Kuknyo talked about the economic crash and said the City was still struggling to provide basic services. He said that spending $50,000.00 per acre would torpedo the future efforts of the Parks and Recreation Department to obtain easements and license agreements. He proposed that if the City did not spend the open space allowance one year, it should be banked for the Granite Dells Foundation to acquire the parcel. He suggested getting developers, the Tribe, Yavapai County, Chino Valley and Prescott Valley involved with the acquisition. He said that if the property is acquired, it should be combined with property the City has acquired to the North and the South and turn it over to the state to make it a State Park. Councilman Blair said the lack of open space maintenance money is disturbing. Council should vote to use the $500,000.00 open space money in 2014, as seed money for partners in purchasing the Dells Property. He said the property was important to the region. Councilman Lazzell said the City did not have the money to acquire the property. He agreed to help find partners for the purchase. Dan Campbell, resident of Prescott, talked about Granite Dells and the Granite Dells Resort. He noted that the City of Prescott had to capitalize on their competitive advantages. He talked about how Cottonwood, Clarkdale, Camp Verde and Sedona had capitalized on their resources. He said the City has the Peavine Trail, Watson and Willow Lakes, but not the Dells, in between. He said water, rocks and Whiskey Row need to be the City's models for the future. Mr. Campbell said the City had a willing seller, who may look at a lower price. Granite Dells Foundation has gone out and found $1.5 million dollars. He noted that there is strong public support for the acquisition. He had 2,000 signatures on a letter of support. He discussed the Foundations role in the acquisition and the money it would take to make the deal happen. The Council should get a follow-up appraisal on the property. He Prescott City Council Special Voting Meeting April 8, 2014 Page 4 suggested deferring a street project for one to two years to reach the total money needed to purchase the land. It would be better to bond a street project for a year or two and be remembered for protecting the heart of the Dells forever. Jason Gisi, Prescott resident, looks at the opportunity to purchase the Wirth property as a legacy asset for the next 150 years in Prescott that will drive quality of life and economic development. He noted that the City was focused and dependent on tourism. He said the City has a unique opportunity to finish what has been started with the acquisition. He said that without the City's participation, the deal will not come together. The City got lucky to have a benefactor come forward with $lmillion. He noted that he makes real estate deals for a living. There should be representation to move forward and try to close a deal and not debate the deal any further, assuming the City is willing to commit funds. He said it will create momentum if the City does commit funds. Joel Hiller, resident, said he was on the Watson/Willow Planning Committee and that it was not an easy process. He said this was a great opportunity for a public/private partnership that should not be dismissed. He noted that the acquisition is about defining Prescott and not about money. He said it was the right thing to do. Steve Silvernail, owner of Prescott Transit Authority, asked that Council to be careful with the funds that they have. Elisabeth Ruffner, Prescott resident, gave a quick history of the sales tax for streets. She noted that the citizens initiated the acquisition of the lakes. She said the citizens also formed the Open Space Alliance and initiated the extension of the street tax for five years and added the words acquisition and maintenance to a ballot issue, which was passed. She noted that by the time the issue got to the ballot, the word "maintenance" was dropped. She did not know how that happened. She said the City still has the option to have the voters approve a .25 cent sales tax for open space and consider maintenance. She urged Council not to pass up the opportunity to increase Prescott's value to the world. Ben Williams, works directly for Mark Wirth. He said Mr. Wirth has three properties in the tri-city area. He asked the Council to find a way to make this acquisition happen and said that he could be contacted at 928-202-7666 or 928-899-0469, if anyone wanted to speak with him. Councilman Kuknyo said that Mr. Wirth has always been easy to work with. David Parker, citizen, talked about properties purchased by the City of Prescott and said that a value was established for those properties and that Mr. Wirth used that value to price his property. He noted that Mr. Wirth offered to sell his property for $8 million at the height of the market. Prescott City Council Special Voting Meeting April 8, 2014 Page 5 Amber Fields, resident, said the City of Prescott and the citizens should learn from the past and recalled the loss of Hassayampa Lake and how there are currently mansions around the lake and no access. She said the City could spend money on roads any day, but this opportunity does not often present itself. When the opportunity is gone it is gone. Kathy Schultz, Board Member of Yavapai Trails Association, said they were pro open space. She recently wrote a grant to extend some of the trails in Prescott, and the money that she requested from the foundation is being completely supported by volunteers and the donations of property. She did not think the price of the current property was fair, when so many people volunteered their time and gave of their property. Joe Pendergast, Prescott resident and Vice President of the Citizens Tax Committee, said in 1998 the Wirth property was purchased for $650,000 and he thought a new appraisal was necessary. He said an expenditure of this amount should go to the voters and taxpayers should be aware of the long term costs of maintaining the purchase. He discussed the definitions of parks and open space. He said Mr. Wirth should be going to the County to sell his property because it would be preserved as a park, he did not feel that it was an open space issue. Bill Robb, Prescott resident, said this acquisition would go through because the Nature Conservancy was behind it, as mentioned in the Daily Courier by Dan Campbell. Mayor Kuykendall said he hoped the project would go through in some form. He said he lived in the Dells when he first moved here and there were 19 houses there at the time. He said it was not easy property to develop. He noted that two Council people talked with the owner of the property to negotiate the deal. Councilman Arnold said the current appraisal only appraised open space purchases made by the City. He said that was not an effective appraisal. A new appraisal would be a requirement. The development of Storm Ranch was under County Zoning which allows two acre minimums. The five 40 acre parcels could be broken down into over 100 houses. He said that no matter what happened there would be a traffic impact to Highway 89. Councilman Blair said the motion should read with $500,000 in the budget this year, to let the possible partners know that the City is a player. He said that he would like to be on the negotiating team and thought the City should ask the County, Tribe and Prescott Valley to structure a deal. Mayor Pro Tern Lamerson volunteered his services to talk to Mr. Wirth. He had no problem in participating in the $500,000.00. He would not support an amount beyond that. Prescott City Council Special Voting Meeting April 8, 2014 Page 6 Councilwoman Wilcox talked about the possible unplanned subdivision of 100 homes in that area, each with a well and asked what it would do to the Granite Creek water shed and the City's water supply. She said this is why the City should acquire the property and lead the helm in the negotiations. She said that she would also volunteer to be on the committee and the City should move forward to negotiate a deal. She felt they needed to discuss the management of the three acres and the open space restrictions with the Granit Dells Preservation Foundation. Council Blair said he would step aside to allow Councilwoman Wilcox to be on the negotiating team. Mayor Kuykendall said the Council might be better observers than negotiators. Councilman Kuknyo said he would like to pledge the $500,000.00 toward the purchase. He thought the Granite Dells Preservation Foundation should negotiate the deal. Mayor Pro Tern Lamerson said that maybe someone from the Citizens Tax Committee, and the Nature Conservancy should be involved. He did not have a problem committing on the $500,000.00. Councilman Arnold clarified that Mr. Wirth's property could have 40 homes on it. The adjacent Storm Ranch could hold 100 homes under its current zoning and he said that Councilman Kuknyo requested that the current $500,000.00 be banked if the deal is not consummated before the end of the fiscal year. COUNCILMAN ARNOLD MOVED TO INSTRUCT STAFF AND THE COUNCIL COMMITTEE TO ENGAGE IN DISCUSSIONS WITH THE GRANITE DELLS FOUNDATION TO STRUCTURE THE ACQUISITION OF THE WIRTH PROPERTY WITH CITY PARTICIPATION NOT TO EXCEED $500,000.00; SECONDED BY COUNCILMAN LAZZELL COUNCILWOMAN WILCOX MOVED TO AMEND THE MOTION THAT THE RESTRICTION ON THE $500,000.00 BE LIMITED TO THIS FISCAL YEAR. Councilwoman Wilcox said that she wanted it to be clear that it was not a forever **cap on the commitment. Councilman Blair asked if the City was taking the lead in the negotiations. Councilman Arnold said the motion is saying that staff, the Council committee and the foundation need to sit down and figure out how to move forward. He said he would then expect the item to come back to Council with a recommendation on how to approach it. In addition questions regarding who will hold title to the land and how the long-term viability of the land will be insured will be answered. **Amended at the Council meeting of May 13, 2014 Prescott City Council Special Voting Meeting April 8, 2014 Page 7 Councilman Arnold said this motion is to give staff and Council clear direction to go to the Foundation and put together an acquisition plan that Council can make work. That plan will come back to a deal which determines the City's portion, how much must be raised and who will lead the negotiation with the property owner. He said there are too many unknowns as to what the acquisition plan will look like. COUNCILMAN ARNOLD WITHDREW HIS ORIGINAL MOTION AND MOVED TO INSTRUCT STAFF AND COUNCIL COMMITTEE TO ENGAGE IN DISCUSSIONS WITH THE GRANITE DELLS FOUNDATION TO STRUCTURE THE ACQUISITION PLAN OF THE WIRTH PROPERTY WITH CITY PARTICIPATION NOT TO EXCEED $500,000.00 IN FISCAL YEAR 2014; SECONDED BY COUNCILMAN LAZZELL; PASSED UNANIMOUSLY. Jon Paladini, City Attorney, said that he understands from the motion that the Council committee should have no more than two members from Council, plus staff. Mayor Kuykendall said it may be two Council people and someone from outside. Mayor Pro Tern Lamerson said someone from the County should be brought into the committee. Mayor Kuykendall said it would be a City sponsored committee. II. ADJOURNMENT There being no further business to be discussed, the April 8, 2014, Prescott City Council Special Voting Meeting adjourned at 2:45 P.M. 220‘zt-A •ee-.-v� 4 �►�' rilAktiN D. KUYKM'6ALL, Mayor ATTEST: AL_ e D NA R. DeLONG, City Clerk& Prescott City Council Special Voting Meeting April 8, 2014 Page 8 CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Voting Meeting of the City Council of the City of Prescott, Arizona held on the 8th day of April, 2014. I further certify the meeting was duly called and held and that a quorum was present. Dated this 13 day of ,1, , 2014. AFFIX CITY SEAL •ki)-/9-7-\ DANA R. DeLONG, City Clerk(f PRESCOTT CITY COUNCIL REGULAR VOTING MEETING TUESDAY, APRIL 8, 2014 PRESCOTT, ARIZONA MINUTES OF THE REGULAR VOTING MEETING OF THE PRESCOTT CITY COUNCIL HELD ON APRIL 8, 2014, in the COUNCIL CHAMBERS located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 3:01 P.M. • INTRODUCTIONS • INVOCATION by Rabbi Jessica Rosenthal, Temple B'rith Shalom • PLEDGE OF ALLEGIANCE by Councilman Kuknyo • ROLL CALL: Present: Absent: Mayor Kuykendall None Mayor Pro Tern Lamerson Councilman Arnold Councilman Blair Councilman Kuknyo Councilman Lazzell Councilwoman Wilcox • ANNOUNCEMENTS No announcements were made. I. CONSENT AGENDA A. Approval of Council minutes of the Special Meeting held on March 4, 2014, and the Combined Workshop & Special Voting Meeting held on March 4, 2014 COUNCILMAN ARNOLD MOVED TO APPROVE CONSENT AGENDA ITEM 1.A.; SECONDED BY MAYOR PRO TEM LAMERSON; PASSED UNANIMOUSLY. Prescott City Council Regular Voting Meeting Page 2 April 8, 2014 II. REGULAR AGENDA A. Legislative Update Alison Zelms, Deputy City Manager presented. She spoke about the budget that was caucused in the House and Senate the prior day and said it went through with a $9.23 billion state budget, which is awaiting the Governor's signature. Ms. Zelms noted that the Governor is expected to sign the budget, and said it would include $30 million of restoration of Highway User Revenue Fees and not the $119 million that was proposed by Speaker Tobin. $1 million was reinstated to the City of Prescott to help defray the costs of the Public Safety Personnel Retirement System (PSPRS) line of duty death benefits that the City has incurred. She noted that it would be $1 million successively for five years, directly into the employer liability fund. She thanked Speaker Tobin, Senator Pearce and Representative Fann for their help. Ms. Zelms said there is a new bill that puts the City at greater risk for the diminution of property value for zoning changes or other ordinance requirements put forth in the zoning code. It furthers the property owner's position outside of court to impact the City. It would allow the property to get a tax credit up to $100,000.00 from the City if the property owner prevailed in his claim, saying the City was lessening their property value based on zoning practices and other code requirements. Ms. Zelms noted that the gun bill that would have put excessive penalties on local elected officials has been stricken from the consent calendar. She noted that a concern for the next legislative session is that a gubernatorial candidate, Doug Ducey, is attempting to discontinue sales tax on construction. Mayor Pro Tern Lamerson asked if the Mayor should contact the Governor to let her know the level of importance the sales tax issue would be to the City of Prescott. Ms. Zelms said yes. B. Approval of contribution to the Prescott Chamber of Commerce in the amount of $17,000.00 for expenses related to Prescott's 2014 Sesquicentennial Celebration (General Fund / Special Events) Don Prince, Tourism Director, presented, saying the Prescott Sesquicentennial Committee has been meeting to plan Prescott's 150th birthday celebration for the past year. The weekend of May 30th through June 1st was selected for this event, to coincide with the naming of Prescott on May 30, 1864. The Committee includes representatives from the Prescott Downtown Partnership, the Prescott Chamber of Commerce, the Sharlot Hall Museum, the City of Prescott, the Prescott Regulators, Eagles Event Management, the Western Heritage Foundation, Prescott Brewing Company, and others. Prescott City Council Regular Voting Meeting Page 3 April 8, 2014 Mr. Prince said members of the Committee have been working to bring in sponsors to help defray the estimated $80,000 cost of the event. The Prescott Chamber of Commerce has offered to serve as the fiscal agent for the Sesquicentennial, using their non-profit foundation to accept donated funds and pay event expenses. This is similar to how funding for the Courthouse Lighting is managed. Mr. Prince said the Tourism Office is asking the City's permission to provide $17,000.00 to the Prescott Chamber of Commerce to help offset the expenses. He said $20,000.00 was budgeted in the current fiscal year to help with these expenses; approximately $3,000.00 has already been spent. Councilman Arnold asked how much additional money the committee raised. Mr. Prince said they have received donations, in terms of product and they are negotiating with cash sponsors. Councilman Arnold asked if the scope of the event had changed since the presentation Mr. Prince gave a couple of months earlier. Mr. Prince said that it had and there was no funding for the rough stock rodeo, but the basic layout remains. Councilman Arnold asked for a presentation at the beginning of May to talk about the different events. COUNCILMAN ARNOLD MOVED TO APPROVE A CONTRIBUTION TO THE PRESCOTT CHAMBER OF COMMERCE IN THE AMOUNT OF $17,000.00 FOR EXPENSES RELATED TO PRESCOTT'S 2014 SESQUICENTENNIAL CELEBRATION; SECONDED BY COUNCILWOMAN WILCOX; PASSED UNANIMOUSLY. C. Approval of purchase of night-vision equipment for the Prescott Police Department Special Weapons and Tactics Team from Emerging Tactical Solutions, in the amount of $17,253.42 (General Fund CIP) Andrew Reinhardt, Deputy Police Chief, presented. The Prescott Police Special Weapons and Tactics Team perform very high risk operations that often occur during night time hours. Best practices in the state include night vision equipment. Councilman Arnold said that he toured the SWAT facilities and asked if the equipment was compatible with the helmets currently worn. Deputy Chief Reinhardt responded yes. Mayor Pro Tern Lamerson said he appreciated bringing this type of expenditure to the Council. MAYOR PRO TEM LAMERSON MOVED TO APPROVE PURCHASE OF NIGHT- VISION EQUIPMENT FROM EMERGING TACTICAL SOLUTIONS, IN THE AMOUNT OF $17,253.42; SECONDED BY COUNCILMAN LAZZELL; PASSED UNANIMOUSLY. Prescott City Council Regular Voting Meeting Page 4 April 8, 2014 D. Approval of purchase of one (1) ea. Vermeer BC 1500 brush chipper for the Street Maintenance Division from Vermeer Sales Southwest, using NJPA Contract #081209-VRM in an amount of$50,460.15 (1% Streets and Open Space Fund) Stephanie Miller, Field and Facilities Services Director, presented. The Street Maintenance Division maintains the right-of-way along 601 lane miles of City streets. As part of the year-round right-of-way maintenance activities, trees and bushes are trimmed and dead or diseased trees are removed. She noted that winter and summer storms also cause tree damage, leaving behind downed branches and other debris. Ms. Miller said it is efficient for Street Maintenance crews to chip the brush and tree debris at the point of origin as this allows for loads going to the Transfer Station to be compacted, reducing the number of trips required. She noted that the chipper currently in use is inadequate for the size and quantity of debris generated from right-of-way maintenance activities. This chipper will be sold at auction when replaced. She said the Vermeer 1500 brush chipper was designed with the latest safety features, including a lower feed-stop bar designed to instantly stop the feed rollers and prevent damage or injury. The estimated useful life of the chipper is ten years. She noted that the funding would come from the One Percent Streets and Open Space Fund. COUNCILMAN LAZZELL MOVED TO APPROVE THE PURCHASE OF ONE (1) EA. VERMEER BC 1500 BRUSH CHIPPER FROM VERMEER SALES SOUTHWEST USING NJPA CONTRACT #081209-VRM IN THE AMOUNT OF $50,460.15; SECONDED BY COUNCILMAN ARNOLD; PASSED UNANIMOUSLY. E. Approval to purchase one (1) ea. used five-ton truck (vendor to be determined) in an amount not to exceed $27,000.00 (1% Streets and Open Space Fund) Stephanie Miller, Field and Facilities Services Director, showed a slide of an attenuator and gave the definition. She noted that it was used a minimum of 10 working days per month. She noted that other departments also use it. She said the need to "dress" and "undress" the truck comes as a result of the truck's primary use as a dump truck, snow plow, equipment-hauling truck and auxiliary water truck. None of these other functions can be performed when the truck mounted attenuator (TMA) is mounted to the truck. Ms. Miller said it takes three employees roughly two hours to attach and detach to attenuator to the dump truck. She requested the approval of a five-ton truck that her staff could permanently affix the attenuator to allow the Street Maintenance Division to respond with the TMA to emergency traffic control situations such as accidents, weather events and other requirements in a more efficient and timely manner. Additionally, the Prescott City Council Regular Voting Meeting Page 5 April 8, 2014 truck currently used for mounting the TMA would be available at all times to perform its primary duties. Councilman Arnold asked that because staff had not identified a vehicle yet, how they would ensure that it would be in good shape. Ms. Miller said Fleet Services staff will inspect the vehicle prior to purchase and they will review the maintenance records. Councilman Blair asked if this was an appropriate use of the Streets and Open Space money. Craig McConnell, City Manager, said that he thought it was an appropriate expense for that fund. He said the fund can be used for operations and maintenance. COUNCILMAN ARNOLD MOVED TO APPROVE THE PURCHASE OF ONE (1) EA. USED FIVE-TON TRUCK IN AN AMOUNT NOT TO EXCEED $27,000.00; SECONDED BY COUNCILMAN KUKNYO PASSED UNANIMOUSLY. F. Revision of plat for Dameron Park Addition, Block 23, creating three lots from two. (Zoning: Industrial Light (IL); Owner: Perry Wieweck; Parcels 113- 04-053B and 113-04-053C; Location: 691, 693, 695 Sixth Street) Tom Guice, Community Development Director, showed a map of the lot. He noted that the item was before Council because Article 7 of the Land Development Code requires Council approval any time additional lots are created within subdivisions. Councilman Arnold said the Land Development Code is requiring something, which should be administrative, to come back to Council. He said there were already three water meters on the site and suggested changing this requirement. Councilman Blair asked if it fell within current zoning. Mr. Guice said yes and it does hold the developments to the setbacks that were in place when the buildings were constructed, which were five feet on the sides. Currently the setbacks are seven feet. Mr. Wieweck addressed the Council. He said to the best of his knowledge, 695 was the first building, built in roughly, 1965. He thought that 693 may have been built two to three years later and 691 was built in the early 1970's. Each building had its own water meter, sewer hookup, power and natural gas. COUNCILMAN BLAIR MOVED TO APPROVE RP13-004 REVISING DAMERON PARK ADDITION, BLOCK 23, CREATING THREE LOTS FROM TWO; SECONDED BY MAYOR PRO TEM LAMERSON; PASSED UNANIMOUSLY. G. Revision of Plat RP13-003, combining Lots 3 & 4 and expanding the boundaries of the Hassayampa Mountain Club - Plat B Subdivision (Owner: Roy W. Anglin, Maricopa, AZ 85138; Location: Hemlock Avenue) Prescott City Council Regular Voting Meeting Page 6 April 8, 2014 Tom Guice, Community Development Director, presented, saying the plat was a request to combine Lots 3 and 4 and a portion of a metes and bounds parcel to create a new parcel, Lot 4-R, with total square footage of just under 21,000 square feet. The resulting lot is appropriately sized for this subdivision and meets the requirements of the underlying zoning district (SF-9).He said there is a lot split that will take a portion of the metes and bounds from Lot A to the South, in order to combine it with Lots 3 and 4. He said there are existing homes on Parcel A as well as lots 3 and 4 that have existing City utilities. Councilman Blair asked about the water allotment for each of the properties. Mr. Guice said this would be a formal combining of the lots into a single lot. Craig McConnell, City Manager, said if it was a buildable lot at the time of the declaration, it would be recognized as having grandfathered groundwater to serve it. Councilman Blair asked if they would be giving that up by combining the lots. Mr. McConnell said they would give it up, but the City would not receive a credit because the previous lot will be extinguished. MAYOR PRO TEM LAMERSON MOVED TO APPROVE RP13-003 COMBINING LOTS 3 AND 4 WITH A METES AND BOUNDS LOT, AND AMENDING THE BOUNDARY OF THE HASSAYAMPA MOUNTAIN CLUB — PLAT B SUBDIVISION; SECONDED BY COUNCILMAN ARNOLD; PASSED UNANIMOUSLY. H. Adoption of Ordinance No. 4882-1420 authorizing the issuance of Municipal Property Corporation Bond Series 2014 to refund Municipal Property Corporation Bond Series 2004 for the Big Chino Water Ranch, including the emergency clause (Water Fund) Mark Woodfill, Finance Director, said the item went to the Municipal Property Corporation (MPC) board the previous week. Nick Dodd, RPC Capital Markets, addressed the Council. He gave an overview of the City's updated Debt Handbook, and showed a PowerPoint which included: • SUMMARY OF FINANCING OPTIONS o PAY-AS-YOU-GO FUNDING o GENERAL OBLIGATION BONDS —these require the vote of the public o GENERAL OBLIGATION DEBT CAPACITY - $131,000,000.00 available o UTILITY REVENUE BONDS o STREET AND HIGHWAY REVENUE BONDS — can be used to repay a bond and requires voter approval o MPC BONDS/LEASE PURCHASE FINANCINGS- can finance almost anything that is allowable in the federal tax law o MPC DEBT CAPACITY o IMPROVEMENT DISTRICT BONDS o COMMUNITY FACILITIES DISTRICTS o STATE AGENCY OPTIONS Prescott City Council Regular Voting Meeting Page 7 April 8, 2014 • BOND RATINGS a UNDERLYING DEBT RATINGS OF SELECT ARIZONA ISSUERS Mr. Dodd said the average interest rate on the bonds the City is refinancing or considering is 4.9 percent. The average interest rate on the new bonds is 3.3 percent. He noted that the savings would be roughly $960.000.00 realized over the next three years. Mr. Woodfill said there are fees associated with issuing debt. He said the new bond will have an estimated $183,000.00 in costs. He said $62,000.00 of that is the underwriters discount and the other costs are related to the rating agency and the legal team. He noted that $960,000.00 is the amount of savings after the fees are paid. Councilwoman Wilcox asked about the emergency clause on the ordinance. Mr. Woodfill said it was a standard practice in order to secure the interest rate. MAYOR PRO TEM LAMERSON MOVED TO ADOPT ORDINANCE NO. 4882-1420; SECONDED BY COUNCILWOMAN WILCOX; PASSED UNANIMOUSLY. I. Approval of a two-year extension of City Contract No. 2013-183A1 in a total amount not to exceed $270,000.00 for Annual Pavement Marking (Streets Fund / HURF) Ian Mattingly, City Traffic Engineer, said approval of this item will extend a two year of stripping contract with Traffic Safety Incorporated, to take advantage of the favorable unit pricing. He noted that, if approved, the stripping will begin in late April to early May. There is sufficient funding in the Highway User Revenue Fund to cover the contract. COUNCILMAN KUKNYO MOVED TO APPROVE A TWO-YEAR EXTENSION TO CITY CONTRACT NO. 2013-183A1 FOR ANNUAL PAVEMENT MARKING TO TRAFFIC SAFETY, INC., IN A TOTAL AMOUNT NOT TO EXCEED $270,000.00; SECONDED BY COUNCILMAN BLAIR; PASSED UNANIMOUSLY. J. Approval of Amendment No. 1 to City Contract No. 2013-216 with Watkins/Mendoza Companies, LLC, in the amount of $14,363.06 for the White Spar Waterline Relocation Project (Water Fund) Tim Burkeen, Capital Program Manager, said the amendment accounts for additional material required to complete the backfill and paving of water main trenches due to unstable soil conditions encountered during the course of construction. Mr. Burkeen said the southerly portion of the White Spar Waterline exists in the right-of- way of Highway 89. Relocation of this waterline was required because the existing main Prescott City Council Regular Voting Meeting Page 8 April 8, 2014 would have been in conflict with the current Arizona Department of Transportation Highway 89 Widening Project. In this case, the City is a third party utility. He said the City contracted with ADOT's Engineer, Dibble Engineering, to prepare the waterline plans and specifications so there would be no conflicts with the highway reconstruction plans. The City and the Contractor were required to obtain and abide by an encroachment permit issued by ADOT. During the course of constructing, within the first 300 feet, staff ran into loose material, different from the anticipated soil described in the geotechnical report. He noted that in another construction project, rock was blasted from one side of the road to the other which now caused the collapse of the trench while excavating. He said staff was requesting the amendment due to subsurface conditions at the site, which were of an unusual nature and different material from those usually encountered. Mr. Burkeen showed a timeline of the project, including the utility work done. Councilman Lazzell said he and Councilman Arnold talked to staff about this issue to make sure the money was being well spent. They agree that it is and also noted that the City now does its geo testing differently to reduce the chance of this happening again. COUNCILMAN ARNOLD MOVED TO APPROVE AMENDMENT NO. 1 TO CITY CONTRACT NO. 2013-216 FOR THE WHITE SPAR WATERLINE RELOCATION PROJECT TO WATKINS/MENDOZA COMPANIES, LLC, IN THE AMOUNT OF $14,363.06; SECONDED BY MAYOR PRO TEM LAMERSON; PASSED UNANIMOUSLY. K. Renewal of TRAKIT Software Maintenance Agreement with CRW Systems, Inc., in the amount of$14,086.80 (various departments and funds) Scott Tkach, City Engineer, said this is a renewal for software maintenance and technical support of the TRAKIT software program through November 30, 2014. The software program tracks real property transactions, capital improvement projects, private development inspections, environmental code enforcement, to name a few. This software is used by Community Development, Fire Department and the Public Works Department and has been in use by the City of Prescott since 1995. COUNCILMAN KUKNYO MOVED TO APPROVE RENEWAL OF THE TRAKIT SOFTWARE MAINTENANCE AGREEMENT WITH CRW SYSTEMS, INC., IN THE AMOUNT OF $14,086.80; SECONDED BY COUNCILMAN ARNOLD; PASSED UNANIMOUSLY. L. Approval of agreement with Billy Casper Golf (City Contract No. 2014-165) for management of the business operations of Antelope Hills Golf Course (Golf Course Enterprise Fund) Prescott City Council Regular Voting Meeting Page 9 April 8, 2014 Joe Baynes, Recreation Services Director, noted that Council initiated the request for the proposal for the operation and maintenance of Antelope Hills Golf Course, with the City retaining the maintenance function, on June 25, 2013. He said with proposals were received and the committee unanimously recommended Billy Casper Golf (BCG). BCG was rated the best marketing firm and provided a detailed transition plan with resources to complete the objectives. BCG also gave the best examples of how they would increase the rounds and revenues. Mr. Baynes said the contract was for a five year term and additional two five year terms with mutual consent. BCG proposed an operating budget of $1.2 million which will be approved by the City of Prescott annually. The BCG annual management fee is $84,000.00 and includes travel. BCG will guarantee the City $1.3 million annually, as a minimum net income. Mr. Baynes said that if they do not reach that amount in two consecutive years, they can cue that amount by paying four months of management fees at $28,000.00 for each of the remaining three years or by paying the aggregate difference between the net operating income for each fiscal year and the guarantee it is not met. Mr. Baynes said the golf carts will continue to be included as an operating budget item with the remaining debt service owed and paid, and BCG leasing the new carts to enforce the City owned fleet as it wears out. The City may terminate for any reason after two years, with a 120 day notice and no penalty. He discussed incentives for BCG and said that revenues were restricted to greens fees, range passes, annual passes and 10 percent of the gross profit margin from food and beverage sales in excess of $500,000.00, and 15 percent, in excess of $40,000.00 for merchandise in the pro shop. He said the annual incentive is capped at not more than the annual management fee. Mr. Baynes said the fiscal year 2015 projections anticipate a $2.9 - $3 million annual budget. Craig McConnell, City Manager, said there would be one budget for Antelope Hills, which will be a City adopted budget. He said the budget will reflect the input of the management firm and Recreation Services. Mr. Baynes described what would be in the budget. He said $50,000.00 would go in a bank account for Antelope Hills golf management that will be controlled by the City. Mr. McConnell noted that the money is working capital. Mr. Baynes continued by saying revenues from that account would pay Antelope Hills Golf Management Company, including the employees of the pro shop and food and beverage, as well as other expenses. The employees will be BCG employees. Mr. McConnell said that all of those expenditures are reflected in the budget that the Council approves annually. Douglas White, Vice President Billy Casper Golf and Chris Jones, Regional Director of Operations addressed the Council. Mr. White congratulated the staff for the development of the request for proposal. He said that they spent a lot of time with City staff to make sure that the agreement is in direct correlation with the goals of the City. Prescott City Council Regular Voting Meeting Page 10 April 8, 2014 He said the incentive structure in the contract is one of the most unique they have amongst 70 municipalities, but also makes the most sense. He said the Mayor had a lot of input on the restaurant side, where BCG has to participate on the cost of sales. He gave a brief PowerPoint of Billy Casper Golf. Councilman Arnold asked if the liquor liability fell under "products" on the insurance schedule. Councilwoman Wilcox said she is happy with the revised contract. Mayor Pro Tern Lamerson said he cared about the employees, and he appreciated their sensitivity to the employees. Councilman Lazzell said he was happy with the selection. Councilman Kuknyo, said this is a campaign promise that is happening. He noted that the City is counting on BCG. Councilman Blair said that the City's employees are special and felt they would be relieved that BCG would be running the golf course. Mayor Kuykendall asked about the debt and how the City is going to account for that. Craig McConnell, City Manager, said the debt would stay on the books as a reminder and incentive for the partnership to do a better job. COUNCILMAN ARNOLD MOVED TO APPROVE CITY CONTRACT NO. 2014-165 FOR MANAGEMENT OF THE BUSINESS OPERATIONS OF ANTELOPE HILLS GOLF COURSE; SECONDED BY COUNCILMAN KUKYNO; PASSED UNANIMOUSLY. M. Adoption of Resolution No. 4222-1431 amending the Third Supplement to the Trust Indenture related to the Municipal Property Corporation Bond Series 2011 for retirement of golf-cart debt (Golf Course Enterprise Fund) Mark Woodfill, Finance Director, presented, saying the MPC 2011 Bond was used in part to purchase golf carts used at Antelope Hills Golf Course. The IRS does not allow the use of tax-exempt financing, such as the MPC 2011 Bond, to be used to purchase assets that will be provided to a third party for-profit business to operate. COUNCILMAN ARNOLD MOVED TO ADOPT RESOLUTION NO. 4222-1431; SECONDED BY COUNCILWOMAN WILCOX; PASSED UNANIMOUSLY. II. ADJOURNMENT There being no further business to be discussed, the Regular Voting Meeting of April 8, 2014, adjourned at 5:14 P.M. Th457/c -i-gr MAIN D. KUYKEIJIpALL, Mayor Prescott City Council Regular Voting Meeting Page 11 April 8, 2014 ATTEST: e- 4.0tYCvk D NA R. DeLONG, City Clerk Cis CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Voting Meeting of the City Council of the City of Prescott, Arizona held on the 8th day of April, 2014. I further certify the meeting was duly called and held and that a quorum was present. �,,/� Dated this/3 day of // 414 , 2014. AFFIX CITY SEAL /C4f(_ IL119/1____ DANA R. DeLONG, City Clerl) PRESCOTT CITY COUNCIL SPECIAL MEETING TUESDAY, APRIL 22, 2014 PRESCOTT, ARIZONA MINUTES OF THE SPECIAL MEETING OF THE PRESCOTT CITY COUNCIL HELD ON APRIL 22, 2014, in the COUNCIL CHAMBERS located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 10:00 A.M. • ROLL CALL Present: Absent: Mayor Kuykendall Councilwoman Wilcox - excused Mayor Pro Tern Lamerson Councilman Arnold, Councilman Blair Councilman Kuknyo Councilman Lazzell I. REGULAR AGENDA A. Airport Area Economic Development Strategic Planning Session 4 Jeff Burt, Economic Initiatives Director, presented, showing a PowerPoint presentation which covered the following: • SESSION 3 REVIEW Mr. Burt noted, the majority of the development in the area, off the airport, will be private sector driven. The City will be in a roll of steering and supporting new development, through infrastructure planning and investments that it makes. He said Public-Private partnerships will be a critical part of what the City does in the future. Two airport options were previously presented for the airport: general aviation or regional. Mr. Burt noted that there were now three options: general aviation, commercial/local and a commercial/regional airport. Mr. Burt said the primary funding source is the Federal Aviation Administration. He said that the Arizona Department of Transportation and the City of Prescott would also contribute to the funding of challenges and opportunities related to airport capital investments necessary to meet strategic planning goal and objectives. Prescott City Council Special Meeting April 22, 2014 Page 2 • PRESCOTT MUNICIPAL AIRPORT (PRC) AS A GENERAL AVIATION AIRPORT (WITH ESSENTIAL AIR SERVICE) Mr. Burt said financial costs to the Airport and City are minimized with this option. Strong FAA support, which would need to be built, could enable all General Aviation Airport improvements to be completed in less than 15 years. • THE GENERAL AVIATION AIRPORT OPTION • GENERAL AVIATION AIRPORT- CAPITAL PROJECTS AND ESTIMATED COSTS • GENERAL AVIATION AIRPORT PROJECT LOCATIONS • PRESCOTT MUNICIPAL AIRPORT AS A COMMERCIAL LOCAL AIRPORT • THE COMMERCIAL LOCAL AIRPORT OPTION • COMMERCIAL LOCAL AIRPORT — CAPITAL PROJECTS AND ESTIMATED COSTS • COMMERCIAL LOCAL AIRPORT PROJECT LOCATIONS • COMMERCIAL REGIONAL AIRPORT OPTION Mr. Burt noted that the Airport had land available to develop the facilities and infrastructure necessary to become a Regional Airport, however, issues of land use and noise will come up. He said small markets are being left out of the air service industry unless they are subsidized. For many airlines the return has to be profitable enough to locate in an area. It will be difficult for smaller airports to maintain a return on investment. He said the commercial regional airport would provide the balance the City needs and will protect the options in the future if markets in the airline industry make a change in their practices and policies. • COMMERCIAL REGIONAL AIRPORT OPTION - ATTRIBUTES AND OUTCOMES • COMMERCIAL REGIONAL AIRPORT — CAPITAL PROJECTS AND ESTIMATED COSTS • COMMERCIAL REGIONAL AIRPORT PROJECT LOCATIONS • AIRPORT RECOMMENDATION Prescott City Council Special Meeting April 22, 2014 Page 3 Mr. Burt said the airport needs private sector support if it is to remain an economic engine. The challenge of securing air passenger service for small markets will be steeper in the future and the financial resources for the Airport and City are severely limited. He noted that the recommended short to medium term course is to pursue the Commercial (Local) Airport option through actions which build toward, and are not inconsistent with, the long term possibility of "regional airport" scheduled passenger service. • COMMERCIAL LOCAL AIRPORT PROJECT TIMELINES The Federal Aviation Administration (FAA) will decide what projects will get funded, and what the timeframe will be for those projects. Building a strong relationship with the FAA will be essential. • ACHIEVING THE AIRPORT AREA VISION • AIRPORT AREA STRATEGIC ACTIONS FOR ECONOMIC DEVELOPMENT Mr. Burt talked about the strategic actions that will allow the City to lead and provide direction in the future. He noted that the City has identified the 8,000 acre Airport Area as a focal point of its future. o Capitalizing on the City's investment in public infrastructure in the Airport Area and create a guide to assist the development community o Create site-specific projects for hotel development o Solicit interest from and invite firms to visit Prescott that specialize in the development of conference/meeting centers o Prepare and implement a business attraction plan keyed to the opportunities and assets found in the Airport Area and Prescott region o Engage the business community in the Airport Area through the ongoing business,visitation retention/expansion program o Partner with are educational institutions to identify resources that can help facilitate private sector job creation o Establish economic development policies and incentives specific to the Airport Area • Going Forward May— June FY 15 Budget Process May— June Meetings with Stakeholders Prescott City Council Special Meeting April 22, 2014 Page 4 FY 15 Grant Funding Applications Fall 2014 Update to Council on progress Mayor Pro Tern Lamerson asked about the Big Chino Ranch project and the ballot language for Proposition 401. He asked whose money was being used. Jon Paladini, City Attorney, said he would get the answer to him. Councilman Blair asked Dr. Ayers, Chancellor of Embry-Riddle, Prescott campus, if Embry-Riddle would consider becoming an interim quasi/commercial airliner to fly people to Phoenix to get their pilots some hours. Dr. Frank Ayers said they are in the business of educating young people and Embry- Riddle sees growth in their pilot training and education. He said the pilots they educate only have 1000 hours to meet to fly for airliners. He said they are not looking at stepping into scheduled airline operations. Councilman Lazzell asked if the Federal Government would help pay for a new terminal instead of a renovated terminal if the City of Prescott was to choose the general aviation option. Jeff Tripp, Airport Manager, said that he did not believe the FAA funds general aviation terminals. He said the challenge as a general aviation airport is that funding priorities drop dramatically. Prescott would be competing with 70 percent of the airports for about 20 percent of the funds. He noted that staff is trying to layout a long term plan. Councilman Lazzell asked if Prescott would be able to build an air strip that would accommodate all forest service aircraft if they chose the general aviation option. Mr. Tripp said that would involve working with the FAA to determine what they would want to fund. He said getting a clear 20 year direction will be important. Councilman Kuknyo said he would like to see the City of Prescott move on the second option. He said every bomber that runs on the Prescott airport is on a special use permit, because they are too heavy. Mr. Tripp said the Forest Service likes the location here. He said the City needs to be cognizant of the forest service's future needs, as they are looking to expand at a third loading pit. The City should look at their fleet mix to determine if the runways need to be extended. Councilman Kuknyo said the terminal is too close to the active runway. He thought a small terminal should be built with plans for future additions. To increase enplanements, he suggested tourism flights to Sedona and the Grand Canyon. Councilman Arnold asked when the decision point would be. He said he did not want it to be another year before it happened. Craig McConnell, City Manager, said the initial projects will show up in the Capital Improvement Program for the FY 15 budget. Mayor Pro Tern Lamerson said he would like to move forward sooner, than later. Councilman Kuknyo agreed. Prescott City Council Special Meeting April 22, 2014 Page 5 There was a discussion of the breakdown of projects and the funding. Mayor Kuykendall asked about the commercial/local option and said it was selected at the starting point by the Council. He asked if the terminal was going to stay on the north side with that option. Mr. Burt said there was an option to keep the terminal where it was or move it. He noted that the south-side option was a more realistic option. Mayor Kuykendall asked about the timeline for the general aviation terminal and noted that Taxiway C relocation and renovation was a must for all options and that the relocation of the terminal was a must, since the taxiway would go through the terminal. Mr. Burt said there may be a two to three year period when an environmental impact study needs to be done, which will be an FAA decision. He said there is an annual review meeting with the FAA scheduled for June 2014. Councilman Lazzell asked how the FAA distributes the funds. Mr. Tripp said the FAA's annual funds are requested through Congress. The FAA stresses that the municipal airports pick a long-term plan and stick to it so the FAA can manage their funds. He said it will come down to how much money they have and which projects take higher priorities. Mayor Pro Tern Lamerson thought staff should talk to the FAA before we go into the budget process. Mr. Tripp said the FAA is aware of what the City of Prescott is doing, and staff has been talking to them. He said the City will have the first planning meeting with the FAA at the end of May. Councilman Kuknyo said the state is investing in the Airport Area Economic Development. The Highway 89 expansion plan goes right by the airport. He said the airport area will be an economic hub. Councilman Arnold said he did not have a clear direction from any of the last four sessions. He asked if the City of Prescott was going to proceed with a commercial/local airport as recommended. He noted that they had not made a determination of what the vision was for the future and did not know what Council was going to put in the budget. Mr. Connell said staff is recommending the commercial/ local option; it is the Council's direction as to what is ultimately decided. Councilman Arnold said he is fine with staff's recommendation. Mayor Kuykendall invited the public in the audience to address the Council. There were no public comments. II. ADJOURNMENT Prescott City Council Special Meeting April 22, 2014 Page 6 There being no further business to be discussed, the April 22, 2014, Prescott City Council Special Meeting adjourned at 11:10 A.M. r I LIN D. KUYK�,P(DALL, Mayor ATTEST: I' LYrroL ettaL/i.-N DANA R. DeLONG, City Clete PRESCOTT CITY COUNCIL SPECIAL MEETING TUESDAY, APRIL 22, 2014 PRESCOTT, ARIZONA MINUTES OF THE SPECIAL MEETING OF THE PRESCOTT CITY COUNCIL HELD ON APRIL 22, 2014, in the COUNCILCHAMBERS located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 1:00 P.M. • ROLL CALL Present: Absent: Mayor Kuykendall Councilwoman Wilcox - excused Mayor Pro Tern Lamerson Councilman Arnold Councilman Blair Councilman Kuknyo Councilman Lazzell • I. REGULAR AGENDA A. The FY 15 Budget- preliminary outlook and Council discussion of goals, progress and projects Mark Woodfill, Finance Director, announced that this was a continuation of the February 11, 2014 meeting. He showed a PowerPoint presentation which covered the following: • PRELIMINARY FY 15 GENERAL FUND REVENUES Mr. Woodfill noted that there was a 2.4 percent projected increase in sales tax, based on business growth and a 4.1 percent increase in total General Fund revenues. • PRELIMINARY FY 15 GENERAL FUND OPERATING EXPENDITURES Mr. Woodfill said that Public Safety was up to 71 percent of the General Fund, compared to 67 percent the previous year. Alison Zelms, Deputy City Manager, showed a PowerPoint presentation which covered: • STRATEGIC GOALS BACKGROUND Prescott City Council Special Meeting April 22, 2014 Page 2 • LINKING COUNCIL POLICY/GOALS WITH THE MANAGEMENT WORKPLAN/ACTIONS • VISION & MISSION STATEMENT • OTHER PLANNING RESOURCES • GENERAL PLAN — MAJOR CITY GOALS Councilman Arnold said he would lend more credence to the current approved General Plan than the 2014 draft General Plan, since it has not been vetted by the Council. Ms. Zelms noted that as they go forward, the strategic plan is much more in line with the 2003 General Plan language. • GUIDING PRINCIPLES FOR LONG-TERM PLANNING • STRATEGIC GOALS Councilman Arnold asked what in the 2015 budget was attributed to moving toward more affordable housing units. Mr. McConnell said the reduction of impact fees can be passed along to decrease the cost of housing. He said the City is not in the business of manipulating markets to arrive at an outcome. • LINKING THE STRATEGIC GOALS AND ANNUAL WORKPLANS • INTEGRATION WITHIN THE ANNUAL BUDGET PROCESS • QUESTIONS TO BE ANSWERED Councilman Arnold asked if there was a benefit to staff studying the housing situation in the community. He did not feel a housing study needed to be done in 2015. Councilman Kuknyo suggested that staff continue to look at zoning. Councilman Blair said there should be flexibility in the codes. Mr. McConnell noted that staff needed to do some work on terminology in affordable housing and water allocation. Councilman Arnold commented that there are several areas in the presentation that declared the City was taking a "continuing role" in the development of the downtown area and would like to see that further defined. He would like to understand from management's perspective what that continuing role is anticipated to be. There was a discussion about the rehabilitation houses and housing demographics in Prescott. Mayor Pro Tern Lamerson thought that having housing priced out of realistic price ranges had created a huge market place for rehabilitation facilities. Councilman Arnold said it was a major priority to continue that discussion. Prescott City Council Special Meeting April 22, 2014 Page 3 Mr. McConnell said staff was planning to come to the Council on May 2, 2014 to discuss the process and schedule of the General Plan. Ms. Zelms said that all the comments will be put to use in the budget process and noted that the goals do not come without challenges. Mr. McConnell noted the purpose of the Special Budget Meeting was to provide a higher level context for work programs and goals. He said that through the presentation, the basis has been established. Staff is presenting more budget meetings this year than they have in prior years. Mayor Pro Tern Lamerson asked when Council would be getting the retirement requirements for the Public Service employees from the state. Ms. Zelms said that it would not be before June. Mayor Pro Tern Lamerson said it is difficult to set the budget before Council had that information. Mr. McConnell said staff is going to continue providing the same public safety services until they have an opportunity to digest the recommendations and determine what makes sense with Council. He said that from a policy standpoint staff and Council will have to determine if they want to make some shifts. II. ADJOURNMENT There being no further business to be discussed, the April 22, 2014, Prescott City Council Special Meeting adjourned at 2:02 P.M. M‘IRLIN D. KUYKE1 TALL, Mayor ATTEST: !� e, DANA R. DeLONG, City Clee" PRESCOTT CITY COUNCIL REGULAR VOTING MEETING TUESDAY, APRIL 22, 2014 PRESCOTT, ARIZONA MINUTES OF THE REGULAR VOTING MEETING OF THE PRESCOTT CITY COUNCIL HELD ON APRIL 22, 2014, in the COUNCIL CHAMBERS located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 3:00 P.M. • INTRODUCTIONS No introductions were made • INVOCATION by Pastor Jesse Liles, Willow Hills Baptist Churct • PLEDGE OF ALLEGIANCE by Mayor Pro Tern Lamerson • ROLL CALL: Present: Absent: Mayor Kuykendall None Mayor Pro Tern Lamerson Councilman Arnold Councilman Blair Councilman Kuknyo Councilman Lazzell Councilwoman Wilcox—telephonically • ANNOUNCEMENTS No announcements were made Prescott City Council Page 2 Regular Voting Meeting April 22, 2014 I. CONSENT AGENDA A. Approval of Council minutes of the Special Meeting held on March 11, 2014; Regular Voting Meeting held on March 11, 2014; Special Meeting, Airport Area Economic Development Strategic Planning Session 3 held on March 25, 2014; Special Meeting held on March 25, 2014; Regular Voting Meeting held on March 25, 2014; and the Workshop Meeting held on April 1, 2014 B. Approval of purchase of software licenses from InterSystems Corporation for the City Court Cache database system, in a total amount not to exceed $13,343.47 (General Fund) C. Approval of the acceptance of grant awards from the Governor's Office of Highway Safety in the total amount of $21,013.16 for traffic education and enforcement D. Adoption of Ordinance No. 4884-1422 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE PURCHASE OF A SEWER EASEMENT FROM DOWNER TRAIL, LLC, FOR THE "DOWNER 16 LIFT STATION" AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID PURCHASE MAYOR PRO TEM LAMERSON MOVED TO APPROVE CONSENT AGENDA ITEMS I.A.-I.D; SECONDED BY COUNCILMAN ARNOLD; PASSED UNANIMOUSLY. II. REGULAR AGENDA A. Public Hearing and consideration of a liquor license application from Robert Joseph Nelson, applicant, for a Series 09S Sampling license, for Fry's Food and Drug Store #77, located at 3198 Willow Creek Road (Liquor License No. 09133001) Dana DeLong, City Clerk, presented. She noted that Fry's Food and Drug held two liquor licenses, one of them was inactive. She said for business purposes, Fry's retained both licenses and requested a Sampling license for each. The application was properly posted for the State mandated 20 day period. No petitions or protests had been received during this period. She said the application cleared Planning and Zoning and the City of Prescott Police Department. Lauren Merritt, liquor consultant for Fry's Food and Drug, was present for questions. Prescott City Council Page 3 Regular Voting Meeting April 22, 2014 Councilman Kuknyo asked why Fry's would have two licenses. Ms. Meritt said the state did not issue that type of license anymore, so they held on to both licenses for potential future growth. She noted that the state can issue Series 9 licenses after each census, depending on the population and gave a description of the Series 9 and Sampling licenses. MAYOR PRO TEM LAMERSON MOVED TO CLOSE THE PUBLIC HEARING; SECONDED BY COUNCILMAN KUKNYO; PASSED UNANIMOUSLY. MAYOR PRO TEM LAMERSON MOVED TO APPROVE LIQUOR LICENSE APPLICATION NO. 09133001, FOR A SERIES 09S, SAMPLING, LICENSE, FOR FRY'S FOOD AND DRUG STORE #77, LOCATED AT 3198 WILLOW CREEK; SECONDED BY COUNCILMAN KUKNYO; PASSED UNANIMOUSLY. B. Public Hearing and consideration of a liquor license application from Robert Joseph Nelson, applicant, for a Series 09S Sampling license, for Fry's Food and Drug Store #77, located at 3198 Willow Creek Road (Liquor License No. 09130029) Dana DeLong, City Clerk, presented. MAYOR PRO TEM LAMERSON MOVED TO CLOSE THE PUBLIC HEARING; SECONDED BY COUNCILMAN KUKNYO; PASSED UNANIMOUSLY. COUNCILMAN KUKNYO MOVED TO APPROVE LIQUOR LICENSE APPLICATION NO. 09130029, FOR A SERIES 09S, SAMPLING, LICENSE, FOR FRY'S FOOD AND DRUG STORE #77, LOCATED AT 3198 WILLOW CREEK ROAD; SECONDED BY MAYOR PRO TEM LAMERSON; PASSED UNANIMOUSLY. C. Legislative Update Alison Zelms, Deputy City Manager, presented the following bills: House Bill (HB) 2448 titled Just Compensation and Tax Credits. The bill failed on the floor but would be back for consideration. It would provide a right to exact funds, without due process from a city government. HB 2517 related to local gun control relative to laws regarding taxation, use and selling of firearms. The bill did not pass, but the League of Cities has requested a veto of the bill. There was recent action on the Liquor Omnibus bill which passed, with a minor amendment that addressed the Craft distillery concerns. Prescott City Council Page 4 Regular Voting Meeting April 22, 2014 D. Adoption of Ordinance No. 4883-1421 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE PURCHASE OF A NOISE AND ODOR EASEMENT AND THE PURCHASE OF REAL PROPERTY FROM ARIZONA ECO DEVELOPMENT, LLC FOR THE "PRESCOTT AIRPORT WATER RECLAMATION FACILITY EXPANSION PROJECT" AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID PURCHASES Scott Tkach, City Engineer, presented. He said this item is to approve an ordinance to acquire a noise and odor easement and real property necessary to operate the Prescott Airport Water Reclamation Facility which is nearing the end of its construction period. Mr. Tkach said the plant is increasing from 1.2 million gallons per day (MGD) to 3.75 MGD under Phase 1. He noted that the City needed a 1,000 foot setback per Arizona Department of Environmental Quality (ADEQ) requirements. Some of the benefits of the real property purchase are to re-establish the western edge of Granite Creek to reduce the erosion of the creek bank along the treatment plant, install landscape plantings to screen the treatment plant, installation of the replacement sewer trunk main and future solar facilities to reduce energy costs. Mr. Tkach said staff is requesting to purchase 63.684 acres of noise and odor easement at a total cost of$317,016.30, plus closing costs and 23.821 acres of fee simple real property at a cost of$251,002.00, plus closing costs. Councilman Arnold asked if they are sure the property would be enough for future expansion of the plant. Mr. Tkach said yes, up to 15 million gallons per day, which is build out for the City. Mayor Kuykendall asked if there was a reason why the City only purchased an easement. Mr. Tkach said the developer wished to reserve some of the land for potential open space. Mayor Kuykendall asked if the City was protected from any nuisance the plant might create. Craig McConnell, City Manager, said the City is actually acquiring a noise and odor easement and a contract between both parties acknowledges that. Jon Paladini, City Attorney, said the grantor of the actual easement agrees to release any and all claims against the City. Jason Gisi, Prescott resident, said that the open space in Granite Creek was one issue, the property that is located next to the sewer treatment plant is now forever encumbered by an odor and noise easement, so if there was a successor, they would take the title subject to that obligation. Mr. Paladini said the easement runs with the land. Prescott City Council Page 5 Regular Voting Meeting April 22, 2014 COUNCILMAN LAZZELL MOVED TO ADOPT ORDINANCE NO. 4883-1421; SECONDED BY COUNCILMAN KUKNYO; PASSED UNANIMOUSLY. E. Approval of one-year extensions of contracts for analytical laboratory services with: 1) XENCO Laboratories, Inc., not to exceed $14,000.00; 2) TestAmerica, Inc., not to exceed $45,000.00; and 3) Bradshaw Mountain Essentials, LLC, not to exceed $20,000.00 (City Contract Nos. 2012-205, 2012-206, 2012-207; Water and Wastewater Funds) Joel Berman, Utilities Manager, presented. This item is to approve an extension to three individual unit price contracts. The contracts are used on an "as needed" basis by the Utilities Department. He said the City is required to test the water and wastewater systems to ensure the health and safety of the public as well as the environment. Various wastewater samples are collected by City staff and sent to the compliance laboratory monthly, quarterly and annually as required by the regulatory agencies to maintain compliance. Mr. Berman said the results of the testing are published annually in the Consumer Confidence Report as required by ADEQ. COUNCILMAN ARNOLD MOVED TO APPROVE A ONE-YEAR EXTENSION TO EACH OF THREE CONTRACTS FOR ANALYTICAL LABORATORY SERVICES, IN AMOUNTS NOT TO EXCEED $14,000.00 FOR XENCO LABORATORIES, INC., $45,000.00 FOR TESTAMERICA, INC., AND $20,000.00 FOR BRADSHAW MOUNTAIN ESSENTIALS, LLC (CITY CONTRACT NOS. 2012-205, 2012-206, AND 2012-207); SECONDED BY COUNCILMAN KUKNYO; PASSED UNANIMOUSLY. F. Award of bid and contract for the FY13/14 Small Water Mains Upgrades Phase 1 Project to Capital Improvements, LLC, in the amount of $1,094,000.00 (City Contract No. 2014-171; Water Fund) Tim Burkeen, Capital Program Manager, presented. He noted that the contract was for the installation of 34,000 linear feet of new water main and 110 new water services. COUNCILMAN KUKNYO MOVED TO APPROVE THE AWARD OF BID AND CONTRACT FOR THE FY13/14 SMALL WATER MAINS UPGRADES PHASE 1 PROJECT TO CAPITAL IMPROVEMENTS, LLC, IN THE AMOUNT OF $1,094,000.00 (CITY CONTRACT NO. 2014-171); SECONDED BY COUNCILMAN ARNOLD; PASSED UNANIMOUSLY. G. Award of bid and contract for the FY 2014 Pavement Preservation Project to Southwest Slurry Seal, Inc., in the amount of $1,044,104.70 (City Contract No. 2014-170; 1% Streets and Open Space Fund) Tim Burkeen, Capital Program Manager, presented. He said the City budgets annually for pavement rehabilitation and reconstruction. This contract is for pavement Prescott City Council Page 6 Regular Voting Meeting April 22, 2014 preservation. The project consists of placing 150,000 square yards of micro-surfacing of the City maintained portions of various roads and Highway 89. He noted that restoration of traffic stripping and pavement preservation work at the administration parking lot at the Prescott Municipal airport. Councilwoman Wilcox said her opinion was to wait before spending large sums of money from the Streets and Open Space Fund until Council gets the Open Space Acquisition Plan figured out. She said the Council has spent far more of the Open Space and Streets Fund on the streets in the past five to six years. She would like to see the Council restore the confidence of the voters in the promise of the Council to have an Open Space plan for the benefit of the entire City. She said it is time for Council to show some good faith that the money that was collected for open space should go to open space. Councilman Kuknyo said that he respectfully disagreed with Councilwoman Wilcox. He said the City would be preserving asphalt, to keep the costs down. He said that he thought the project had been put on a schedule and the City got the most out of the pavement that was already laid down. Craig McConnell, City Manager, said that the list of projects funded by the One Cent Sales Tax for Streets and Open Space, fall into several different categories. He said it is the time to apply the treatments to the streets, to prolong their service life. Another category would be reconstruction, which can be deferred, on occasion. He said if Council was trying to find money for open space, they should look at reconstruction projects, rather than maintenance. If the City is able to keep the maintenance up, they will save a lot of money in reconstruction that may not be available in the future. Councilman Lazzell said he has many more discussions with taxpayers about the streets than about open space. Councilman Arnold said if Council wants to discuss delaying projects, they should do that during the budget cycle. COUNCILMAN BLAIR MOVED TO AWARD THE BID AND CONTRACT FOR THE FY 2014 PAVEMENT PRESERVATION PROJECT TO SOUTHWEST SLURRY SEAL, INC., IN THE AMOUNT OF $1,044,104.70 (CITY CONTRACT NO. 2014-170); SECONDED BY COUNCILMAN KUKNYO; PASSED 6-1, COUNCILWOMAN WILCOX DISSENTING. H. Approval of a professional services agreement with Plateau Engineering, Inc., to provide engineering services for the Rosser Street Reconstruction Phase IV Project in an amount not to exceed $188,472.05 (City Contract No. 2014-168; 1% Streets and Open Space Fund) Scott Tkach, Acting Public Works Director, presented. He said the work would include geotechnical investigations, subsurface utility investigations, survey, concrete flat work, Prescott City Council Page 7 Regular Voting Meeting April 22, 2014 water and sewer improvements and post design construction services. He said traffic calming opportunities will be looked at and evaluated. Councilwoman Wilcox asked that staff wait on this project for a year, before the Streets and Open Space money is used up. Councilman Kuknyo asked if the studies done for this project are stored and used again for other projects. Mr. Tkach said staff stores the technical reports so they can access the information. Councilman Kuknyo noted that Council pledged $500,000.00 toward the purchase of Granite Dells in the last meeting and he was not willing to delay street improvements in the City of Prescott for a year. Councilman Lazzell asked about the traffic calming. Craig McConnell, City Manager, said staff would bring that item to Council, for discussion purposes, prior to going to bid. Councilman Arnold said that this item has been budgeted for and there have been hundreds of man hours put into the project. He was thankful that Plateau Engineering was using a local firm for their soils testing. Mr. Tkach noted that 20 percent of the contract was going to local firms. MAYOR PRO TEM LAMERSON MOVED TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH PLATEAU ENGINEERING, INC., TO PROVIDE ENGINEERING SERVICES FOR THE ROSSER STREET RECONSTRUCTION PHASE IV PROJECT IN AN AMOUNT NOT TO EXCEED $188,472.05 (CITY CONTRACT NO. 2014-168); SECONDED BY COUNCILMAN KUKNYO; PASSED 5-2, COUNCILMAN BLAIR AND COUNCILWOMAN WILCOX DISSENTING. I. Adoption of Resolution No. 4223-1432 approving an Intergovernmental Agreement with the State of Arizona, through its Department of Transportation, for design and construction of the SR 69 Widening Project between MP 293.64 and MP 294.70 (Prescott Lakes Parkway to the Yavapai- Prescott Indian Tribe Reservation boundary); and transfer of ownership jurisdiction and maintenance responsibility to the City upon project completion Scott Tkach, City Engineer, presented, saying approval of this item will authorize the completion of a six lane section from Gurley Street to Walker Road. The Intergovernmental Agreement (IGA) describes the obligations of the parties pertaining to the improvement of the SR 69 segment. In summary, ADOT will: • Secure funding, design (Project Assessment, Design Concept Report and Engineering Design), and construct the improvements to SR 69 • Acquire rights-of-way for the SR 69 improvements and roundabout intersection Prescott City Council Page 8 Regular Voting Meeting April 22, 2014 • Widen SR 69 to six through lanes with a twelve-foot (12') flush center median and sidewalk between MP 293.64 and MP 294.70 • Provide a minimum ten (10) year surface treatment on existing SR 69 pavement •Construct grade for a roundabout at a future intersection on State Land The City will: • Review and comment on design documents pertaining to City requested elements • Be responsible for increased project costs arising from changes requested by City • Work with the State to identify future intersection locations on the State Land • Accept ownership and maintenance responsibility for SR 69 between MP 293.64 and MP 294.70 upon project completion • Waive the requirements of Arizona Revised Statute 28-7209 for the area to be abandoned and transferred to the City Mr. Tkach said if the Arizona Department of Transportation has not started the construction within six years, the IGA could go away. He said the segment of road could add approximately $40,000.00 annually to the operations and maintenance of the City's streets. Mayor Kuykendall thanked Councilman Kuknyo for pushing the item through the system. Councilman Kuknyo said a lot of people worked on getting the project back on the schedule. Councilwoman Wilcox asked about the future roundabout into State land and why that would be needed. Mr. Tkach said the roundabout would open up some state land for potential development. Craig McConnell, City Manager, added that there was state land, for which access has to be provided. He said that it makes sense to design the roundabout into the project now, rather than try to figure out where to put an intersection in at a later date. Mayor Kuykendall asked if the City of Prescott would maintain the roundabout. Mr. McConnell answered that ADOT is willing to work with the City of Prescott to widen the segment, so Prescott will have to maintain the segment. He noted that there are four existing lanes and ADOT will do a construction and resurfacing treatment on those lanes to add, not less than, a ten year service life. Prescott City Council Page 9 Regular Voting Meeting April 22, 2014 Councilwoman Wilcox asked if the roundabout would eliminate the need for another bypass road south of State Route 69. Mayor Kuykendall said the roundabout would provide access to the adjacent state land when they decide to do something with it. Councilwoman Wilcox said on the Central Yavapai Metropolitan Planning Organization 2030 plan, there is a bypass route going south of SR 69, that would cut through residential areas. She asked if that was still contemplated. Mr. McConnell said that design goes back a number of years. He thought the conclusion was that it was unaffordable. The roundabout is one type of an intersection on SR 69, similar to the intersection at Prescott Lakes Parkway. He said they only know that there is state land on both sides that has the right to be accessed, so there needs to be an intersection. There is no expectation that the intersection on the south side will connect to any major new facility parallel to SR69. Daniel Mattson, Prescott resident, said a roundabout on a highway is a bad idea. Councilman Kuknyo said there will be a lot of public discussion, prior to the plan going into effect. Councilman Arnold said it is only referenced in the exhibit that it is a future location of a traffic signal or roundabout. Mr. Tkach said there are studies that show roundabouts function at a higher level of service. The roundabout moves more traffic through the intersection than a stop sign and there are no fatalities because drivers have to slow down to maneuver through the roundabout. Mr. McConnell said this is a state highway, and ADOT will go through the prescribed process with ample opportunity for public input for the preliminary design. MAYOR PRO TEM LAMERSON MOVED TO ADOPT RESOLUTION NO. 4223-1432; SECONDED BY COUNCILMAN BLAIR; PASSED UNANIMOUSLY. III. ADJOURNMENT There being no further business to be discussed, the Regular Voting Meeting of April 22, 2014, adjourned at 4:12 P.M. 720"t"-1.;061Ziete-- MA`RtTN D. KUYKEIJpACLL, Mayor Prescott City Council Page 10 Regular Voting Meeting April 22, 2014 ATTEST: /at* t01-91fi'‘ DANA R. DeLONG, City irk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Voting Meeting of the City Council of the City of Prescott, Arizona held on the 22nd day of April, 2014. I further certify the meeting was duly called and held and that a quorum was present. Dated this 3 day of /4..(f, , 2014. AFFIX CITY SEAL DANA R. DeLONG, City O( rk . PRESCOTT CITY COUNCIL SPECIAL MEETING WEDNESDAY, APRIL 23, 2014 PRESCOTT, ARIZONA MINUTES OF THE SPECIAL MEETING OF THE PRESCOTT CITY COUNCIL HELD ON APRIL 23, 2014, in the LOWER LEVEL CONFERENCE ROOM located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 10:03 A.M. ♦ ROLL CALL Present: Staff Mayor Kuykendall Craig McConnell, City Manager Mayor Pro Tern Lamerson Jon Paladini, City Attorney Councilman Arnold* Dana DeLong, City Clerk Councilman Blair Alison Zelms, Deputy City Manager Councilman Kuknyo** Mark Woodfill, Finance Director Councilman Lazzell Joel Berman, Utilities Manager, Public Works Councilwoman Wilcox — absent/excused *Attended telephonically and departed at 10:41 a.m. **Arrived at 10:15 a.m. CALL TO ENTER INTO EXECUTIVE SESSION Upon a public majority vote of the members constituting a quorum, the Council may hold an executive session that is not open to the public for the purposes set forth below. When the executive session ends, Council may adjourn or return to open session. MAYOR PRO TEM LAMERSON MOVED TO RECESS INTO EXECUTIVESESSION; SECONDED BY COUNCILMAN LAZZELL; PASSED UNANIMOUSLY. The Prescott City Council recessed into Executive Session at 10:04 A.M. EXECUTIVE SESSION Special Meeting April 23, 2014 2 I. LEGAL MATTERS A. The City Council will meet with the City Attorney for legal advice, discussion and consultation regarding its position in pending or contemplated litigation, including settlement discussions conducted in order to avoid or resolve litigation. A.R.S. §38-431.03(A)(3)and(4) 1) Pure Wafer adv. City of Prescott B. The executive session adjourned at 11:12 A.M. II. ADJOURNMENT There being no further matters to come before the Special Meeting, the meeting was adjourned at 11:12 A.M. MARLIN-CS KUYKENOL, Mayor ATTEST DANA R. DeLONG, City Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Meeting of the City Council of the City of Prescott, Arizona held on the 23rd day of April, 2014. I further certify the meeting was duly called and held and that a quorum was present. Dated this /3 day of , 2014. AFFIX CITY SEAL `/LOX_ ,axa DANA R. DeLONG, City Clerk (Iwo},'PRESCOTT Eir .-lima &to,t COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: Police AGENDA ITEM: Adoption of Resolution No. 4220-1429, approving a Memorandum of Understanding ("MOU") with the Northern Arizona Veterans Affairs Police Department. (NAVAPD) providing for interagency cooperation Approved By: Date: Police Chief: Monahan, Jerald 105/01/2014 City Manager: McConnell, Craig Item Summary This MOU identifies specific actions of NAVAPD in connection with requests for public safety/law enforcement assistance from Prescott Police Department or vice versa. Background For the past several years, the VA Police Department and the Prescott Police Department have informally, through an administratively approved MOU, assisted each other in public safety/law enforcement activities to the benefit of both agencies. The City Attorney has determined that formal approval of the MOU by the City Council is appropriate. Financial Impact No additional fiscal impact will result by this approval. Attachments 1. MOU 2. Resolution No. 4220-1429 Recommended Action: MOVE to Adopt Resolution No. 4220-1429. ikl (-7-::'-'•:', 1 ;a.t DEPARTMENT OF VETERANS AFFAIRS Northern Arizona VA Health Care System L I-, Prescott,Arizona 86313 In Reply Refer To: 649/07B May 1, 2014 Chief Jerald Monahan Prescott Police Department 222 South Marina Street Prescott, AZ 86303 Subject: Memorandum of Understanding (MOU) Dear Chief Monahan: I am writing to update the Memorandum of Understanding (MOU) between the U.S. Department of Veterans Affairs Police and the Prescott Police Department. My intention is to continue the excellent working relationship shared by our two agencies. As a preliminary matter, I am providing some background on concurrent and proprietorial jurisdiction as it applies to the various locations identified in this MOU. The term concurrent jurisdiction is applied in those instances where, in granting to the United States authority which would otherwise amount to exclusive jurisdiction over an area, the State concerned has reserved the right to jointly exercise authority with the United States, including the right to serve criminal or civil process in the area for activities which occurred outside the area. Where concurrent jurisdiction is in place, the Federal Government has the authority under Title 18 U.S.C. § 13, to assimilate a State law in those instances where there is no comparable Federal law to cover the offense; and,the Prescott Police Department retains its authority to enforce all laws and/or ordinances it would typically enforce throughout the City of Prescott. The Northern AZ VA Health Care System, located at 500 N. Highway 89 and the Prescott National Cemetery, located across from the VA Medical Center have concurrent jurisdiction. The term proprietorial jurisdiction is applied in those instances wherein the Federal Government has acquired some right or title to an area in a State, but has not obtained any measure of the State's authority over the area. In this arrangement, arrest authority of the VA Police exists only within those areas physically occupied or controlled by VA, and VA police officers can only enforce violations of Federal Law and/or VA Rules and Regulations. The State, County and Municipal law enforcement agencies have sole jurisdiction except for violations of Federal statutes and violations of established rules and regulations. Where proprietorial jurisdiction exists, the Prescott Police Department retains its authority to enforce all laws and/or ordinances it would typically enforce throughout the City of Prescott. VA retains proprietorial jurisdiction over leased office space located at 3180 Stillwater Drive, Suite A, Prescott, AZ 86305 (Prescott Vet Center). Title 38 U.S.C. § 902(a)(1) authorizes VA police officers to enforce Federal laws and the rules prescribed by the Secretary in Title 38 CFR 1.218(a) and (b) while on property controlled by VA. Therefore, in accordance with the establishment of concurrent or proprietorial jurisdiction over all lands, structures or spaces controlled by VA within the City of Prescott, Arizona it is mutually agreed as follows: The VA Police and the Prescott Police Department will collaborate and share relevant information on incidents occurring in our jurisdictions that may impact the other's operation and/or community. The Prescott Police Department will upon request,provide police assistance equivalent to that provided to non-Federal law enforcement entities or assistance for any law enforcement need that is greater than what the VA Police capabilities can handle. The Prescott Police Department will render emergency law enforcement support to VA Police upon request. The Prescott Police Department will provide occasional dispatch assistance for the VA Police for purposes of running individuals, vehicles, and driver's license inquiries. The VA Police will provide law enforcement assistance as possible with in the jurisdictional boundaries of VA properties. VA Police will provide training facilities when available. As the VA Police do not have the means to process offenders who are suspected of operating motor vehicles under the influence of an intoxicant,these suspects will be detained by VA Police and referred to the Prescott Police Department for further processing. In the event the Prescott Police Department has warrants to be executed on a VA controlled premises, the Prescott Police will notify the VA Police prior to or upon entering Federal property. Although VA restricts its officers to the execution of Federal warrants only, VA Police will assist the Prescott Police Department by facilitating access and providing a more secure environment while the Prescott Police Department executes the warrant. In this regard, the VA Police will assist your officers as much as possible without violating VA's restrictions. The VA Police will notify the Prescott Police Department when we become aware of the presence of a State, County or Municipal fugitive. In the event it is necessary to search for missing patients who by virtue of their physical or mental condition are dangerous to themselves or others, the Prescott Police Department will assist the VA in attempting to locate and return the at-risk patient to the extent permitted by the polices of the Prescott Police Department. VA Police will provide information to aid in the search in accordance with the provisions of the Federal Release of Information Laws. If the patient is not recovered, the VA Police will be responsible for entering the subject into ACIC/NCIC. The VA Police will notify the Prescott Police Department whenever someone presents at a VA facility with evidence of a weapon related wound (i.e., gunshot, stab wound, etc.), evidence of child or elderly abuse, child neglect and/or evidence that an incident of domestic violence has occurred within the City of Prescott. Any liability of the VA for actions of its employees will governed by the provisions of the Federal Tort Claims Act. This Agreement shall become effective when approved and executed through concurrence below by the Prescott Police Department. The Agreement shall remain in effect until participation in this Agreement is terminated by either party. Participation in this Agreement may be terminated upon thirty(30) days written notice addressed to the designated law enforcement official of the other signatory, which is a party to this Agreement. CONFLICT OF INTEREST. Pursuant to A.R.S. Section 38-511,the City of Prescott (hereinafter"City"), may cancel this Agreement, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement is in effect, an employee or an agent of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement. In the event of the foregoing, the City of Prescott further elects to recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the City of Prescott from any other party to the Agreement arising as a result of this Agreement. NON-DESCRIMINATION CLAUSE. The Lessee, with regard to the provisions of services to the general public pursuant to the Lease, will not discriminate on the grounds of race, color, national origin, religion, sex, disability or familial status. The Lessee will not participate either directly or indirectly in the discrimination prohibited by pursuant to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of 1974, the Age Discrimination Act of 1975, and Executive Orders 99-4 and 2000-4. INDEMNIFY AND HOLD HARMLESS. The U.S. Department of Veterans Affairs Police (hereinafter"VA Police") hereby agrees to indemnify and hold harmless the City, its department and divisions, its employees and agents, from any and all claims, liabilities, expenses or lawsuits as a result of VA Police's participation pursuant to this Agreement, whether said claims, liabilities, expenses or lawsuits arise by the acts or omissions of the undersigned or its agents. VA Police further releases and discharges the City, its departments and divisions, its agents and employees and any and all claims which VA Police has or may have against the City, its agents or employees, arising out of or in any way connected with VA Police's activities as set forth in this Agreement. The City hereby agrees to indemnify and hold harmless the VA Police, its department and divisions, its employees and agents, from any and all claims, liabilities, expenses or lawsuits as a result of City's participation pursuant to this Agreement, whether said claims, liabilities, expenses or lawsuits arise by the acts or omissions of the undersigned or its agents. City further releases and discharges the VA Police, its departments and divisions, its agents and employees, and any and all claims which City has or may have against the VA Police, its agents or employees, arising out of or in any way connected with City's activities as set in the Agreement. WAIVER. No oral order, objection, claim, or notice by any party to the other shall affect or modify any of the terms or obligations contained in this Agreement, and none of the provisions of this Agreement shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing. No evidence of modification or waiver other than evidence of any such written notice, waiver, or modifications shall be introduced in any proceeding. WAIVER OF JURY TRIAL AND ATTORNEY'S FEES. The parties hereto expressly covenant and agree that in the event of a dispute arising from this Agreement, each of the parties hereto waives any right to a trial by jury. In the event of litigation, the parties hereby agree to submit to a trial before the Court. The parties hereto further expressly covenant and agree that in the event of litigation arising from this Agreement neither party shall be entitled to an award of attorney's fees, either pursuant to the Contract, pursuant to ARS Section 12-341.01 (A) and (B), or pursuant to any other state or federal state statute. RESULT OF NEGOTIATIONS. This Agreement is the result of negotiations by and between the parties. Although it has been drafted by the Department of Veterans Affairs and by the Prescott City Attorney, it is the result of negotiations between the parties. Therefore, any ambiguity in this agreement is not to be construed against either party. INSURANCE. A. VA Police shall carry sufficient insurance to cover the activities outlined in this Agreement, and shall hold the City harmless and indemnify the City from any and all liability which may result from the acts or omissions of VA Police's employees or agents. B. The City shall carry sufficient insurance to cover the activities outlined in this Agreement, and shall hold VA Police harmless and indemnify VA Police from any and all liability which may result from the acts or omissions of the City's employees or agents. DESIGNATED LIASON. Both parties hereto agree that they will designate at all times at least one staff member to be liaison of that agency in carrying out the provisions of this agreement, for purposes of notice, scheduling, etc. Initially, the designated staff persons are: For the City: Jerald Monahan, Chief of Police Prescott City Police Department 222 S. Marina, Prescott, AZ 86303 Phone: (928) 777-1900 For VA Police: Thomas L. Nelson, Chief of Police Department of Veterans Affairs Northern Arizona VA Health Care System 500 N Hwy 89, Prescott, AZ 86313 (928) 776-6019 PROPERTY DAMAGE. Whenever one party to this agreement damages property which is the subject of this agreement,that party will be solely responsible for repairs and replacement. TERM OF AGREEMENT. This Agreement shall remain in full force and effect for a term of three (3) years and shall be automatically renewed for successive one (1) year periods thereafter unless written notice of termination pursuant to Council or Board action is delivered to the other party no later than May 1st of the year preceding the desired termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials on the aforementioned date. The previous MOU between our agencies will be vacated when this Agreement becomes effective. If you concur with the above statements and there is no need for further discussion, please indicate your acknowledgement of the contents of this MOU by signing below and returning an original to me, reversing an original for yourself. If you have any questions and/or would like to adjust any part of this agreement, please feel free to contact me at (928) 776-6019. Thank you for your interest and support. Sincerely yours, CONCUR: Thomas L. Nelson Jerald Monahan Chief of Police Chief of Police Northern Arizona VA HCS City of Prescott [MOU continues to next page] MARLIN D. KUYKENDALL, Mayor ATTEST: DANA DELONG City Clerk APPROVED AS TO FORM: JON M. PALADINI, City Attorney RESOLUTION NO. 4220-1429 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PRESCOTT AND THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS REGARDING LAW ENFORCEMENT JURISDICTION AT THE NORTHERN ARIZONA VETERANS AFFAIRS MEDICAL CENTER. RECITALS: WHEREAS, the City of Prescott ("Prescott") has the authority pursuant to its Charter, A.R.S. §9-240, §11-952 to enter into a Memorandum of Understanding ("MOU") with the United States federal government; and WHEREAS, the above-referenced governmental entities desire to enter into an MOU to govern the terms and conditions of law enforcement jurisdiction on the Northern Arizona Veterans Affairs Medical Center; and WHEREAS, it is in the best interests of the City of Prescott, and will serve the health, safety and welfare of the citizens of Prescott, to enter into an MOU with the United States Department of Veterans Affairs to govern law enforcement jurisdiction and activities on the Northern Arizona Veterans Affairs Medical Center. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: Section 1. THAT the City of Prescott hereby authorizes entering into an MOU with the United States of America, through the United States Department of Veterans Affairs, governing law enforcement jurisdiction and activities on the Northern Arizona Veterans Affairs Medical Center. Section 2. THAT the Mayor and Staff are hereby authorized to execute the MOU dated April 14, 2014, between the City of Prescott and the United States Department of Veterans Affairs and to take any and all steps deemed necessary to accomplish the above. PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. RESOLUTION NO. 4220-1429 PAGE 2 MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA R. DeLONG JON M. PALADIN! City Clerk City Attorney crrYoi'PRESCOTT r$,YIV7f,7,}iteftiatee COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: Field and Facilities Services AGENDA ITEM: Approval of purchase of two (2) ea. D-600 six cubic-yard vertical stationary compactors from Wastequip, Inc., using NJPA Contract No. 060612-WQI pricing in the total amount of $17,591.73 (Solid Waste Operating Fund) Approved By: Date: Director: Miller, Stephanie I04//24/2014 City Manager: McConnell, Craig I .c�iy v. J`^- 1- /4- Item Summary The Solid Waste Division is requesting authorization to purchase two new 6 cubic-yard vertical stationary compactors to replace the two existing 6 cubic-yard units located in Whiskey Row Alley. This purchase will include the installation of the new compactors in place of the existing compactors. Background In 2005, the City installed stationary vertical compactors in the Whiskey Row Alley when the Garage on Granite parking structure was built. The compactors were intended to consolidate Solid Waste Collection and disposal. The existing compactors are ten years old, and are at the end of their useful lives. Maintenance has included replacement of major hydraulic components, electrical components, and structural repairs. The vertical compactors compact solid waste at a ratio of 4:1. The two compactors allow the Division to provide 48 yards of solid waste service each day in Whiskey Row Alley while minimizing the number of containers. Without the two compactors the Division would have to place six 8 cubic-yard dumpsters to provide the same daily service. This would clutter the thoroughfare and restrict access by delivery vehicles. Agenda Item: Approval of purchase of two (2) ea. D-600 six cubic-yard vertical stationary compactors from Wastequip, Inc., using NJPA Contract No. 060612-WQI pricing in the total amount of$17,591.73 (Solid Waste Operating Fund) Financial Impact Funding of $27,000 is budgeted for this item in FY14, and is available in the Solid Waste Operating Fund. The total cost for the two compactors, including tax, freight, and installation, is $17,591.73. Attachments 1. Wastequip D-600 Stationary Compactor Quote Recommended Action: Move to approve the purchase of two (2) ea. D-600 six cubic- yard vertical stationary compactors from Wastequip, Inc., using NJPA Contract No. 060612-WQI pricing, in the total amount of $17,591.73. 2 Aji'4c'�Wrcf ��1F WASTEQUIP Accurate • Galbreath • Mt Tarp • Pa119 Place • PiOMar • lour QUOTE 33710 Oakville Rd SW INVOICE NO. xx Albany, OR 97321 DATE April 10, 2014 206.779-1037 mobile, 206.905.0900 fax CUSTOMER City of Prescott dmasimerd-wastequiD.com EXPIRATION DATE 60 days TO City of Prescott SHIP TO City of Prescott Richard Tyree Prices in USD SALESPERSON JOB SHIPPING SHIPPING DELIVERY PAYMENT DUE DATE METHOD TERMS DATE TERMS Derrick Masimer City of Prescott Best Way Net 30 QTY Description List Price Net Price 2 Wastequip D-600 6yd Vertical Stationary Compactor $ 13,174.00 $ 10,539.20 Patented 'A in 1" rotating Head, Driver Light no charge no charge Built in Container Stop, 20 Second Cycle time no charge no charge Freight $ 2,500.00 Installation by ANCO $ 3,1DO. 00 Warranty: 3 year structure, 2 year parts, i year labor Prices do not include concrete or electrical site work Prices do not include duty, taxes, offloading, or forklift rental TOTAL oibLUl1N 1 1 Quotation prepared by: Derrick Masimer L.-SUBTOTAL $ 16,139.20 This is a quotation on the goods named, subject to the conditions noted below: SALES TAX 0.09 Price subject to change, when applicable, taxes (listed and not listed on proposal) will be applied at invoicing, unless stated otherwise in writing. Container sizes indicated on price lists, proposals, quotations, invoices, sales literature, TOTAL $ 17, 591.73 and delivery tickets are nominal in sizes. Actual volume may vary from nominal sizes. Standard warranties apply. To accept this quotation, sign here and return THANK YOU FOR YOUR BUSINESSI I'hrow PRES(X)TT zaor,uide,}itoNcfnow COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: Field and Facilities Services AGENDA ITEM: Approval of purchase of two (2) ea. D-600 six cubic-yard vertical 'stationary compactors from Wastequip, Inc., using NJPA Contract No. 060612-WQI pricing in the total amount of $17,591.73 (Solid Waste Operating Fund) Approved By: Date: Director: Miller, Stephanie 104/24/2014 City Manager: McConnell, Craig I Av. s- /4" Item Summary The Solid Waste Division is requesting authorization to purchase two new 6 cubic-yard vertical stationary compactors to replace the two existing 6 cubic-yard units located in Whiskey Row Alley. This purchase will include the installation of the new compactors in place of the existing compactors. Background In 2005, the City installed stationary vertical compactors in the Whiskey Row Alley when the Garage on Granite parking structure was built. The compactors were intended to consolidate Solid Waste Collection and disposal. The existing compactors are ten years old, and are at the end of their useful lives. Maintenance has included replacement of major hydraulic components, electrical components, and structural repairs. The vertical compactors compact solid waste at a ratio of 4:1. The two compactors allow the Division to provide 48 yards of solid waste service each day in Whiskey Row Alley while minimizing the number of containers. Without the two compactors the Division would have to place six 8 cubic-yard dumpsters to provide the same daily service. This would clutter the thoroughfare and restrict access by delivery vehicles. Agenda Item: Approval of purchase of two (2) ea. D-600 six cubic-yard vertical stationary compactors from Wastequip, Inc., using NJPA Contract No. 060612-WQI pricing in the total amount of $17,591.73 (Solid Waste Operating Fund) Financial Impact Funding of $27,000 is budgeted for this item in FY14, and is available in the Solid Waste Operating Fund. The total cost for the two compactors, including tax, freight, and installation, is $17,591.73. Attachments 1. Wastequip D-600 Stationary Compactor Quote Recommended Action: Move to approve the purchase of two (2) ea. D-600 six cubic- yard vertical stationary compactors from Wastequip, Inc., using NJPA Contract No. 060612-WQI pricing, in the total amount of$17,591.73. 2 `►A* WASTEQUIP Accurate•Galbreath•MI.Tarp•Pans Place•Pioneer•Toter QUOTE 33710 Oakville Rd SW INVOICE NO. xx Albany,OR 97321 DATE April 10,2014 206-779-1037 mobile,206-905-0900 fax CUSTOMER City of Prescott dmasimer hwasteaUiO.COm EXPIRATION DATE 60 days TO City of Prescott SHIP TO City of Prescott Richard Tyree Prices in USD SHIPPING SALESPERSON JOB ( METHOD I STERMSG DELIVERY DATE TERMS PAYMENT I DUE DATE 'Derrick Masimer City of Prescott I Best Way I Net 30 QTY Description List Price Net Price 2 Wastequip D-600 6yd Vertical Stationary Compactor $ 13,174.00 $ 10,539.20 Patented"4 in 1"rotating Head,Driver Light no charge no charge Built in Container Stop,20 Second Cycle time no charge no charge Freight $ 2,500.00 Installation by ANCO $ 3,100.00 Warranty:3 year structure,2 year parts,1 year labor Prices do not include concrete or electrical site work Prices do not include duty,taxes,offloading,or forklift rental TOTAL DISCOUNT Quotation prepared by: Derrick Masimer SUBTOTAL $ 16,139.20 This is a quotation on the goods named,subject to the conditions noted below: SALES TAX 0.09 Price subject to change,when applicable,taxes(listed and not listed on proposal)will be applied at invoicing,unless stated otherwise in writing. Container sizes indicated on price lists,propomi s,quotations,invoices,sales literature, TOTAL $ 17,591.73 and delivery tickets are nominal in sizes. Actual volume may vary from nominal sizes. Standard warranties apply. To accept this quotation,sign here and return: THANK YOU FOR YOUR BUSINESS! crryoF PRESCOTT fxometkt COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: Legal AGENDA ITEM: Authorization to file an appeal in Case No. CV-13-08236-PCT-JAT, Pure Wafer adv. City of Prescott Approved By: Date City Attorney Paladini, Jon 105/Q5/2014 City Manager McConnell, Craig I Jam- 744- Item Summary Previously a lawsuit was filed by Pure Wafer, Inc., in the U.S. District Court of Arizona (CV-13-08236-PCT-JAT) against the City. On April 17, 2014, Judge James Teilborg issued an Order granting Pure Wafer's request for a permanent injunction and entering a Judgment against the City. The Order included an award of Pure Wafer's attorneys' fees and non-taxable costs. With Council's authorization, the City can file an appeal on this ruling. Background The law firm of Dickinson Wright Mariscal Weeks' has been retained in this case by way of City contract No. 2014-093, which was approved by City Council on November 26, 2013. Upon Council's authorization to file an appeal in this matter, Dickinson Wright will file the appeal under the current contract. Financial Impact Costs for this lawsuit are paid out of the Wastewater Fund. To date the City has paid approximately $111,397.00 for legal services related to this litigation. Recommended Action: MOVE to approve filing an appeal in Case No. CV-13-08236- PCT-JAT. CITYoF PRESCOTT COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: Community Development AGENDA ITEM: Revision of plat of Estancia de Prescott, Phase One, to modify the disturbable envelope (building footprint) of Lot 10 to allow for the construction of a single- family residence (Applicant: Chris Larson, Prescott) Approved By: Date: Director: Guice, Tom 104/22/2014 City Manager: McConnell, Craig CJfta� -(, 84 U Item Summary The Estancia de Prescott, Phase One, subdivision was platted with building envelopes on the plat. Because these envelopes were made a part of the plat by the developer, and approved by the Council when the plat was adopted, changes to the envelopes require Council approval by a revision of plat. Background Estancia de Prescott was final platted in 2003. Under the subdivision regulations in effect at the time, the developer could address hillside lots by either establishing building envelopes on the plat or by providing the envelopes separately. The developer chose to place them on the plat. Because of this, changes to an envelope require a modification of the plat by Council. The applicant desires to adjust the building envelope on the lot to accommodate a particular house design. The original building envelope established on this lot was 10,854 square feet. The applicant proposes a new building envelope of 10,548 square feet. This change would not only accommodate the applicant's desire for house placement, but would also result in a smaller disturbable area on the lot. No adverse impacts from this change have been identified. Financial Impact None. Agenda Item: Revision of plat of Estancia de Prescott, Phase One, to modify the disturbable envelope (building footprint) of Lot 10 to allow for the construction of a single- family residence (Applicant: Chris Larson, Prescott) Attachments 1. Proposed Building Envelope 2. Existing Building Envelope 3. Standard Setbacks Recommended Action: MOVE to approve revision of plat RP14-001, modifying the disturbable envelope of Lot 10, Estancia de Prescott, Phase One, as identified by the application. 2 A' - 1 6 I �OCW P4( r L Z 1 a tal 0 V OOco SO4'26'21"E S01°15'07"W ——— 28.40 73.ua W mmJ W r L al vi Z W O W W 00 r---- nio ---7 / 0o+I / / / / ^ / / / \ / / ,// \\ / / / I / / \ / Cr) // \ / p., // ` / M . NiJ MN� /� / ) 4� ; N N/ /to / /„, O 4i y / / VWi / /0 o) / / ww 0 0 V./ ,NN ^ Z ,o�w Ja I— N / / y I-. 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Qa 0 • A 1 '" L._. _ ..i.1111 IS E 7 — --f. r —1 1 P u.j ' r,z.ww 1 Ali I I g/ ,gz v) _ .• �. �� I 1 , r Fri L ___ _ JJ i 1-- g� _ � , Q w o� g ii I3N1�213LN3�133Z11S I 00 r\ I~ r.e ' N:itr I - w itiOritt a. . : Ilp . F-24 1 i ZN _.J .41 , ._ �,� Z CITYor PRESCOTT 1-lomr&eot COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: Community Development AGENDA ITEM: Revision of Plat RP12-001, splitting portions of Lots 402, 403 and 409 to create a new lot in the Idylwild Tract subdivision (Owner: John D. Cargill, Prescott AZ) Approved By: Date: Director: Guice, Tom 104/30/2014 City Manager: McConnell, Craig a40: -/-/4j- Item Summary The request is for a Revision of Plat splitting portions of Lots 402, 403 and 409 to create a new lot in the Idylwild Tract subdivision. The Revision of Plat is associated with a right-of- way abandonment previously approved by Council. The reconfiguration of lots will allow the owner to separate the 2 buildings currently located together on a single lot onto individual lots, while providing for onsite parking requirements. Background The original subdivision plat was recorded on August 6, 1909. This portion of the subdivision was annexed into the City in 1957. The number of lots within the subdivision will be increased, which requires Council approval according to the provisions of the Land Development Code. No adverse impacts to the community have been identified as a consequence of this request. Financial Impact None. Attachments 1. Vicinity & Zoning 2. Proposed Plat Recommended Action: MOVE to approve Revision of Plat RP12-001. *IV!C.I rntf 1 R ... fy • µ 411 "'"0r ., .ram'~. • 6� `•4,42 .- •"1 * ''''''''.$1,. '4144ft:_,27..!:' '.t. ''' - ,.<4,1 ,it. .-**- .AM.ifoir'-'-' '— '/ .,._ 'ITS*' , @� aat k y p4100% ''' __.. -.,E. ,,a.-,--, •,.. 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Niso - s<`1`w i -',.,,' PE sdv3o s �o _ sy< - _ Ifi 'foxm<92.. ` �W p �%o:oow�a<= _ "s< 2_ ��o r a H - ' � ' W 9€p $ >- s C 3r�ma3sa K F W _ W ` ' Q _gi z o _ l' u k g 6 i, N 1 0 o gEgE E >---z— 1 crrvor PRESCOTT�' F�cr%Gr y-1N4mcfinow COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: Fire AGENDA ITEM: Approval of submission of a 2014 Arizona Wildland Fire Hazardous Fuels Project Grant application to the Arizona Division of Forestry; and ratification of submittal of a grant request to Yavapai County for Title III forest project funding Approved By: Date: Acting Fire Chief: Essex, Dave I05/02/2014, City Manager: McConnell, Craig I -6:0•A 5-5- /I' V • Item Summary The Fire Department is seeking permission to submit a grant application on behalf of the City to the State of Arizona Division of Forestry in the amount of $175,081.00 for wildland fire hazardous fuels reduction. Additionally, the Department is seeking ratification of the prior submittal for grant funds to Yavapai County for $25,000.00 in grant funding for mitigation and education projects eligible for Title III forest project funds. Background The City has been conducting fuels treatments in Prescott for the past 13 years to mitigate wildfire potential. Current information shows that Prescott is one of nine communities in the Southwest at risk from a catastrophic wildfire. The City of Prescott alone has 25,414 residents living in high or extreme Wildland Urban Interface Areas. This equates to 18,301 structures with a total Assessed Valuation of $3,149,747,244 being at risk. Arizona Wildland Fire Hazardous Fuels Proiect Grant —The proposed grant submittal is a 90/10 pass through grant, funded by the Forest Service. The application is for a grant total of $175,081.00, of which $17,508.10 is the required 10% City match ($157,500.00 federal grant funds). This Grant is funded through the Forest Service and the Department of Interior Bureau of Land Management (BLM), which provides funding assistance through the Arizona State Forestry Division for mitigation of fire risk in Wildland Urban Interface (WUI) areas. In particular, mitigation projects completed through this grant funding to protect Arizona communities through reduction of hazardous fuels. The grant funding process is competitive and places an emphasis on hazard fuel reduction and community protection with priority given to projects identified in current Community Wildfire Protection Plans (CWPP) and located adjacent to National Forest or BLM lands. Agenda Item: Approval of submission of a 2014 Arizona Wildland Fire Hazardous Fuels Project Grant application to the Arizona Division of Forestry; and ratification of submittal of a grant request to Yavapai County for Title III forest project funding The proposed treatment areas align with the grant criteria and are identified in Prescott's CWPP, representing three camps that annually host approximately 23,000 persons. The three parcels are identified as follows: 1. Yavapines, 3009 Iron Springs Road, consisting of 157 acres, 31 structures, and 150 developed RV spaces (privately owned). 2. United Christian Youth Camp, 1555 Overlook Road, consisting of 81 acres, and 66 structures (privately owned). 3. Southwest Indian Bible Conference Center, 1382 Copper Basin Road, consisting of 5 acres, and three (3) structures (privately owned). The treatment prescription is to reduce the ladder fuel vegetation on the properties, remove all dead trees, and provide defendable space around the structures. All work will consist of hand thinning and chipping conducted by Prescott Fire Department Wildland Division employees and equipment. The Prescott National Forest (PNF) has provided a letter of support for grant funding of these projects, which will complement fuels treatments completed or that are planned by PNF. Yavapai County Title III Forest Proiect Funding - As a prior recipient of funds, the City was notified of a grant opportunity through Yavapai County. The County has made available $178,044.00 for the 2013-14 funding cycle for Title III eligible forest-related projects, and the City applied for a total of $25,000.00 of funding. In order to meet the grant submittal deadline of May 9, 2014, this request is to ratify the prior submittal. This is a 100% grant requiring no match from the City. The grant appropriation will cover one month worth of salaries related to two projects: 1. To carry out activities under the Firewise Communities program to provide to homeowners in fire-sensitive ecosystems education on, and assistance with implementing, techniques in home siting, construction and landscaping that can increase the protection of people and property from wildfires. 2. To develop community wildfire protection plans in coordination with the appropriate Secretary concerned. Financial Impact Arizona Wildland Fire Hazardous Fuels Proiect Grant - The requested amount is $175,081.00, subject to a 10% match ($17,508.10) from funds which will be requested in the City's FY 15 General Fund Budget. If obtained, the grant funding would be available for work that would begin in Fall/Winter 2014/2015. 2 Agenda Item: Approval of submission of a 2014 Arizona Wildland Fire Hazardous Fuels Project Grant application to the Arizona Division of Forestry; and ratification of submittal of a grant request to Yavapai County for Title III forest project funding YavaDai County Title III Forest Proiect Funding - The requested amount is $25,000.00 and has no matching requirement from the City. If obtained, the grant funding will be distributed in June/July 2014 and available for expenditure in Fiscal Year 15. Attachments 1. PNF Letter of Support 2. Yavapines Map 3. United Christian Youth Camp Map 4. Southwest Indian Bible Conference Center Map Recommended Action: MOVE to approve the submittal of an application for a 2014 Arizona Wildland Fire Hazardous Fuels Project Grant in the amount of $175,081.00 from the Arizona Division of Forestry, and to ratify the submittal of a grant request to Yavapai County for Title III forest project funding in the amount of $25,000.00. 3 lkikkaCk irIL4 United States Forest Prescott National Forest 2971 Willow Creek Rd. USDADepartment of Service Prescott,AZ 86301 Agriculture Phone: (928)443-8000 Fax: (928)443-8208 TTY: (928)443-8001 File Code: 5150 Date: April 17, 2014 Darrell Willis Division Chief Prescott Fire Department 333 White Spar Road Prescott, AZ 86303 Dear Chief Willis: I am offering this letter of support for the 2014 Arizona Wildland Fire Hazardous Fuels Project Grant you are seeking. The work the Prescott Fire Department has completed in the past is an excellent example of proactive hazardous fuels works all our communities need to complete. The Prescott National Forest and City of Prescott's continued collaboration in fuels treatments within the interface boundaries and in suppression of wildfires has proven quite effective. The cooperative effort and joint treatments near the Doce fire area provided increased odds of firefighter safety and suppression success. This year's grant proposal furthers the district's previous fuels work and is much needed. Thank you for all your efforts; I am looking forward to continuing our strong working relationship. Please feel free to pass on my contact information to anyone involved in the grant process. I can be reached through my assistant at (928) 443-8263 or by email at tchasena,fs.fed.us. Sincerely, /s/Teresa A. Chase TERESA A. 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'�51 tititi 1 - - Y ' ^� q 7 a 3 o jouthwest Indian Bible Conferences ! _ o 9 CO Structures and Ae •rial '•/ y�4 vI y a= CD aEi It .Ar. CITY(w PRESCOTT F,iery1:6416md°um COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: City Clerk AGENDA ITEM: Public Hearing and consideration of a Series 12, Restaurant, liquor license application from Vernon Rex Cullum, applicant for Tara, located at 115 South Cortez Street Approved By: Date: City Clerk: DeLong, Dana 105/0/J1/2014 City Manager: McConnell, Craig I-/1- Item Summary Vernon Rex Cullum has applied for a new Series 12 liquor license for Tara, located at 115 South Cortez Street. This Application A Liquor License Application, City No. 14-240, State No. 12133582 has been received from Vernon Rex Cullum, applicant for Tara, for a Series 12, Restaurant, license, located at 115 South Cortez Street. The application was properly posted for the State mandated 20 day period. No petitions or protests have been received during this period. The application has cleared Planning and Zoning and the City of Prescott Police Department. The applicant has been requested to attend the Council meeting to answer any questions Council may have. The completed application is on file in the City Clerk's Office. Public Hearing and Action Procedure The City Council's recommendation of approval, disapproval or no recommendation will be forwarded to the Department of Liquor Licenses and Control ("Department") for their consideration. If the City Council recommendation is for approval, no hearing is required unless the Director of the Department, the State Liquor Board ("Board"), or any aggrieved party, requests a hearing on the grounds that the public convenience and the best interest of the community will not be substantially served if a license is issued. If no Agenda Item: Public Hearing and consideration of a Series 12, Restaurant, liquor license application from Vernon Rex Cullum, applicant for Tara, located at 115 South Cortez Street hearing is requested, the Director may approve the license. If the City Council recommendation is for disapproval of an application, a statement of the specific reasons along with a summary of the testimony or other evidence supporting the recommendation for disapproval is required to be attached to the order of disapproval and submitted to the Director, after which a public hearing will be held. If the City Council makes no recommendation, the Director may cancel the hearing and issue the license unless the Board or any aggrieved party protests and requests a hearing. If the reason for the protest is clearly removed or deemed satisfied by the Director, the Board shall cancel the hearing and the Department may issue the license. Financial Impact The application and license fee have been paid. According to state law, proceeds from liquor license fees are required to be used for hospitality promotion (tourism development) purposes. Recommended Action: (1) MOVE to close the Public Hearing; and (2) MOVE to approve/deny Liquor License Application No. 12133582, for a Series 12, Restaurant, license, for Tara located at 115 South Cortez Street. 2 It, . crrYor PRESCOTT F1)ergiJ76-mctaurn- COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: City Clerk AGENDA ITEM: Appointment of Seymour Petrovsky to the Fire Board of Appeals Approved By: Date: City Clerk: DeLong, Dana 105/02/2014 City Manager: McConnell, Craig I ,(ter 5-5-/4" Item Summary This item is presented for consideration and appointment of Seymour Petrovsky to the Fire Board of Appeals. Background In March 2014, Sharon Nordyke submitted her resignation from the Fire Board of Appeals due to relocation outside of the City limits, creating a vacancy on the Board. Seymour Petrovsky has previously served on other boards and commissions for the City, and members of the Council Appointment Committee are recommending Mr. Petrovsky for appointment to the Fire Board of Appeals Recommended Action: MOVE to appoint Seymour Petrovsky to the Fire Board of Appeals, term to expire March 2016. CrrYor PRESCOTT F��y�ft�taw� COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: Community Development AGENDA ITEM: Adoption of the 2014/2015 CDBG Annual Action Plan and adoption of! Resolution No. 4224-1433 authorizing application for Community Development Block Grant funds Approved By: Date: Director: Guice, Tom 105/07/2014 City Manager: McConnell, Craig 5- 1744- Item Summary As a Community Development Block Grant (CDBG) entitlement community that has chosen to accept funds, the City of Prescott is responsible for developing an Annual Action Plan to set forth how those funds will be expended. The plan is both a budget and an implementation component of the 2010-2014 CDBG Consolidated Plan adopted by Council May 11, 2010. A Citizens Advisory Committee has assisted the City in developing the Annual Action Plan. Background The Citizen Advisory Committee held a public meeting on November 13, 2013, in preparation for developing a timeline and draft action plan for CDBG Program Year 2014. A workshop for applicants was conducted on January 15, 2014. Letters and e-mail communication inviting 501c3 non-profit service providers to apply for CDBG funds were distributed prior to the workshop date. The workshop was attended by over 30 organizations that directly serve low to moderate income clients. Ongoing communication and application deadline notices were sent to workshop attendees. The CDBG Citizens Advisory Committee held the first Program Year 2014 public hearing on March 5, 2014, to allow for public service grant request presentations from non-profit providers, and to hear comments from the public. The Citizens Advisory Committee received five project requests from non-profit public service providers, and one request for a public facility project. Requirements of the Annual Action Plan include a 30-day public comment period which began March 24, 2014, and ended April 23, 2014. No written comments were received. Agenda Item: Adoption of the 2014/2015 CDBG Annual Action Plan and adoption of Resolution No. 4224-1433 authorizing application for Community Development Block Grant funds The anticipated funding allocation for Program Year 2014 is $238,655. Of this amount, a maximum of 15% ($35,798) may be used for public service projects; 20% for administrative costs ($47,731) which include legal notification, advertisements, training, and personnel services. The balance ($155,126) can be used for public facility development, infrastructure, rehabilitation, renovation and/or housing activities that benefit low-to moderate-income persons. To be eligible for funding, one of three CDBG national objectives must be met: • The project must benefit low-to moderate-income persons or clientele • The project must eliminate slums or blight on an "area" or "spot" basis • The project must meet a recent "urgent" need that poses a serious and immediate threat to the health or welfare of the community and cannot be corrected with other sources of funding. Using the 2010-2014 Consolidated Plan and the CDBG national objectives as guides, the Citizens Advisory Committee held public meetings on November 13, 2013, March 5, 2014, March 12, 2014, and April 30, 2014, to discuss the applications and to formulate a recommendation to Council. The Committee recommends that the projects listed and described in Attachment 1 be funded with the anticipated PY2014 allocation award in the amount of$238,655. In addition to the Committee's recommendation, $100,963 of carry-over funds from previous budget years are still available for eligible projects. It is recommended that these carryover dollars be reprogrammed to fully fund public facility improvements for the Prescott Area Family Shelter and the Adult Day Care Center projects, for which the current working estimates exceed their PY2013 funded budgets. These two public facility contracts were bid, but only received one proposal each, both far exceeding the budgeted amounts. The cause appears to be that the original estimates provided by the applicants did not take into account the more active development environment now being experienced, resulting in higher costs. Both projects are beneficial to the community and would be appropriate recipients of the additional funding. The Citizens Advisory Committee discussed this additional allocation of carryover funds at a meeting on April 30, 2014. The Committee reviewed and approved the revised Annual Action Plan with the carry-over funds and projects. In addition to the two projects, there is also a potential to develop a single family housing emergency repair fund in the amount of $24,000 that could address Low-to-Moderate Income health and safety home repairs. Partnerships with local organizations serving in this capacity would be sought, with funding for emergency repairs allocated on a case-by- case basis administered by the City. If Council approves the use of carryover funds as described above, the total CDBG allocation budgeted through the Program Year 2014 Annual Action Plan would be $339,618. Allocations from this amount were presented at last week's public hearing (the May 6, 2014 Council meeting). 2 Agenda Item: Adoption of the 2014/2015 CDBG Annual Action Plan and adoption of Resolution No. 4224-1433 authorizing application for Community Development Block Grant funds Financial Impact Fiscal Year 2015 Budget Allocation Proposed: $339,618 The recommended allocations are subject to change upon receipt of the final funding amount from HUD, usually received in August of each year. Attachments 1. Annual Action Plan Budget Table 2. Resolution No. 4224-1433 Recommended Action (by separate motions): 1) MOVE to adopt the City of Prescott 2014/2015 CDBG Annual Action Plan; and 2) MOVE to adopt Resolution No. 4224-1433. 3 RESOLUTION NO. 4224-1433 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING SUBMISSION OF APPLICATIONS FOR FY 2015 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ("CDBG"), CERTIFYING THAT SAID APPLICATIONS MEET THE COMMUNITY'S PREVIOUSLY IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND THE REQUIREMENTS OF THE CDBG PROGRAM AND AUTHORIZING ALL ACTIONS NECESSARY TO IMPLEMENT AND COMPLETE THE ACTIVITIES OUTLINED IN SAID APPLICATIONS. RECITALS: WHEREAS, the City of Prescott ("Prescott") is desirous of undertaking community development activities; and WHEREAS, Prescott is an Entitlement Community and is administering the CDBG Program; WHEREAS, the "Entitlement Community, CDBG Program" requires that CDBG funds requested address one of the three Congressional mandated National Objectives; and WHEREAS, the activities within these applications address the community's identified housing and community development needs, including the needs for low and moderate income people; and WHEREAS, an Entitlement Community of CDBG funds is required to comply with the program guidelines and Federal Statutes and regulations. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: Section 1. THAT the City of Prescott hereby authorizes application be made to the Department of Housing and Urban Development for FY 2015, Program Year 2014 CDBG funds, and authorizing the Mayor and staff to sign applications and contracts or grant documents for the receipt and use of these funds and further authorizing the Mayor and staff to take all actions necessary to implement and complete the activities submitted in said applications Section 2. THAT the applications for CDBG funds meet the requirements of low to moderate income benefit for activities justified as benefitting low and moderate income people, aids in the prevention or elimination of slum and blight or addresses an urgent need that poses a threat to health. RESOLUTION NO. 4224-1433 PAGE 2 Section 3. THAT the City of Prescott will comply with all Entitlement CDBG Program guidelines, Federal Statutes and regulations applicable to the CDBG Program and certifications contained in these applications. PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of Prescott this 13th day of May , 2014. ATTEST: DANA R. DeLONG City Clerk MAkLTN D. KUYKENIIALL, Mayor APPROVED AS TO FORM: JO IN City Atto y CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti -displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Anti -Lobbying -- To the best of the jurisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of paragraph I and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. 7 Signature/Authorized O f ial Date M/10i.e�� Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) , X16 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti -discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead -Based Paint -- Its activities concerning lead -based paint will comply with the requirements of 24 CFR Part 35, subparts A, B, J, K and R; Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Officia Date %Oy-, 6 ©J t, Kco# Title OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-assisted activities which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. ,! Signa re/Authorized Off al Date Ka I 0� or FrvsA Title Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant -based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signatu� Authorized Official747 Date Title APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CDBG PROGRAM YEAR 2014 ACTION PLAN TABLE FY2015 FUNDING AMOUNT PROGRAM NAME NATIONAL OBJECTIVE-PROGRAM TYPE $ 238,655 Nutritional meals to homebound elderly and special needs populations. Prescott Meals on LMC $ 23,600 Wheels Public Services-Seniors Transportation Services for Prescott eligible clients to receive round- New Horizons trip transportation services to the Prescott Valley DES office Disability Empowerment LMC—and special populations Center Public Services—Limited Clientele $ 2,500 Cornucopia Restorative Justice Training and Program Development in the Prescott Community Middle and High Schools. 5,000 Advocates Public Services— Youth $ Alzheimer's Prescott Alzheimer's Care and Support Program 51%of service Association Desert recipients shall meet Low to moderate income SW Chapter, Public Service-LMI Northern Arizona 2,500 Region $ Homeless Transition Project 100%of recipients shall meet Low to Prescott Area moderate income 2 198 Shelter Services Public Service-Limited Clientele $ Road Construction and offsite improvements -Short and Meany Street $ 140,000 City of Prescott LMA Public Facility -Dexter Neighborhood Contingency Funds Associated with the Short/Meany Street project 15,126 Public Facility or Housing Activity $ Fair Housing Fair housing education and promotion event (CDBG required element) Administration $ 1,200 All administrative costs to implement and complete FY12 grant, including: advertising, noticing,bid preparation costs,wages,postage, CDBG Program etc. Administration Administration $ 46,531 N PY 2014 CDBG Funding Allocation Award $ 238,655 Proposed projects to fund using CDBG carryover funds: Prescott Area Additional building rehab for Shelter Services 0Y13 008 LMC-Homeless Shelter $ 46,963 Adult Care Services PY13 005 Complete PY13 funded Public Facility Outdoor Improvements $ 30,000 LMI/SustainabilitV Emergency Repairs Emergency Health and Safety Repairs to keep residence in their home for Low to Moderate and prevent homelessness. Prescott Residence $ 24,000 Reprogrammed CDBG Funds $ 100,963 FY 2015 CDBG PROJECTS FUNDS REQUEST $ 339,618 1 II.D • CrrYot'PRESCOTT Fi)cryln 1-6mcfaw7 COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING MEETING 5-13-14 DEPARTMENT: Community Development AGENDA ITEM: Approval of Final Plat FP14-001 for Granite Dells Estates Phase 1A: PAD, a 208 lot single-family subdivision on 39.17 acres located south of State Route 89A, east of the Peavine Trail, and west of Granite Dells Parkway (Owner: Granite Dells Estates Properties / Michael Fann, Prescott, AZ) Approved By: Date: Director: Guice, Tom 104/29/2014 City Manager: McConnell, Craig S-S- /4- V Item Summary This is a final plat for 208 residential lots and 2 commercial tracts in a Planned Area Development (PAD) subdivision on 39.17 acres located south of State Route 89A, east of the Peavine Trail, and west of Granite Dells Parkway. The project site consists of one parcel zoned BG and SF-6 with primary access from Granite Dells Parkway. The plat features 14 open space tracts satisfying the 25% open space requirement for a PAD. Background On July 2, 2013, Council approved a minor General Plan amendment GP13-001, amendment to the Airport Specific Area Plan LUP13-001, rezoning RZ13-001, amendment to the Granite Dells Estates Master Plan MP13-001, amendment to the Pre- annexation Development Agreement and an amendment to the Water Service Agreement. On October 22, 2013, Council approved rezoning RZ13-002 and preliminary plat PP13-001. The approvals allowed an increase from 710 to 1310 residential units and eliminated the majority of the industrial areas. The final plat for Phase 1A is in substantial conformance with the above approvals, with lot sizes, number of lots, street connectivity, open space and hillside development all appropriately addressed. As a condition of the preliminary plat approval, it was required that final plats and grading plans be reviewed by the Planning & Zoning Commission. The Granite Dells Estates site was previously mass-graded with the grading plan approved by the P&Z Commission. The proposed final plat and associated additional grading plan were considered by the Agenda Item: Approval of Final Plat FP14-001 for Granite Dells Estates Phase 1A PAD, a 208 lot single-family subdivision on 39.17 acres located south of State Route 89A, east of the Peavine Trail, and west of Granite Dells Parkway (Owner: Granite Dells Estates Properties / Michael Fann, Prescott, AZ) P&Z Commission at its regular meeting on April 10, 2014. The discussion included a comparison of the preliminary plat with the proposed final plat, changes to grading, and trail connectivity to the Peavine Trail. The P&Z Commission meeting ended with a consensus that the final plat and grading plan are in conformance with the preliminary plat. Attachments 1. Vicinity Map 2. Final Plat FP14-001 3. 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''\ ; :I:II--; e A_ g mr 5 - be i 1"'J ogb O. $ i ° iv $ A I— w t4 " ' � � ia x e i • I � I 35 A —N • I 1 iit� �} —, , a— n— , I 8. 1- g tY b A\k4 0. aagA "` Xis 11 I�Rg'r a x o 'ss ' s Wrt • ml .�� � ooQoaT ..,,,,,.. --, 6,, i A 1,e9 g p : �„o.ar ¢s I II uo t: �� ' et, —1.1g' a. .< 41 e y ° . w �— r1�1r - _ / -1 I (,.....-- _ i _ B Ia Ng =n a 45- A.e gg #,, r. a. .c i Ili °s„. � .1Nml I v A.. �N..y 5 ? 9 III 1,; i l ,..t E' si ��i �tGra 'i yrl W 1 4� Yam` ~ 9 V (1uu i i'. Mil e t ail !w-51 52 igy i e &S; X 9 k <E ! '-,sirs&$„ r iy 58��'= �Yp k§ o 1`�s Oi till , It , I I 3 1 'iS<g /; S$ a r I Fe 18 2t "Ti, $$aaA '� "$Q t! A ; 'r s i 9@-:¢� a o-a ,:p. w 7 >sy 4F 1PP ; PI 1 8 ` 'i i i 8 SWb4 0, . -. .. iiA CITYor PRESCOTT Fie, il°nclovo7, COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: Fire AGENDA ITEM: Approval of purchase of one (1) ea. Caterpillar skidsteer loader with mulcher attachment from Empire Equipment of Prescott for the Fire Department fuels reduction program using City of Tucson/National Intergovernmental Purchasing Alliance Contract No. 120377 pricing in the total amount of $136,992.61 (City Contract No. 2014- 180; General Fund) Approved By: Date: Acting Fire Chief: Essex, Dave 105/05/2014 City Manager: McConnell, Craig �au 5=8- U Item Summary This item will authorize the purchase of a new Caterpillar skidsteer loader with mulcher attachment (mastication equipment) for Fire Department use in city-wide fuels mitigation work. Fire hazard reduction is among the highest priorities for public safety services provided by the City. Background The accumulation of combustible vegetation, dead, dying or diseased trees, green waste, rubbish, and other materials creates a condition that is a fire hazard and potentially injurious to the health, safety, and general welfare of the public. In order to minimize potential fire hazards, fire agencies have been implementing a process called "mastication." "Mastication" of forest biomass for wildfire hazard reduction and forest health improvement has expanded dramatically in recent years. Mastication, or mulching, is a mechanical fuel treatment that changes the structure and size of fuels in the area. Trees and vegetation are chopped, ground or chipped, and the resulting material is left on the soil. From a fuels perspective, the total fuel loading is not immediately affected. However, the vertical height of the fuels is lowered and more fuel volume is shifted into 1-and 10- hour size classes. Agenda Item: Approval of purchase of one (1) ea. Caterpillar skidsteer loader with muicher attachment from Empire Equipment of Prescott for the Fire Department fuels reduction program using City of Tucson/National Intergovernmental Purchasing Alliance Contract No. 120377 pricing in the total amount of $136,992.61 (City Contract No. 2014- 180; General Fund) The requested mastication equipment comes with the latest compliant safety features, steel tracks, and a land management package which includes a debris barrier, intake pre- cleaner, and a hydraulic cooler. City personnel will use the equipment to conduct large- scale fuels treatments and defensible space work that will reduce manpower costs and improve efficiency. Financial Impact Although this particular purchase was unbudgeted, FY14 funding is available in the General Fund from the unexpended appropriation for the McCormick Building remodel. Attachments 1. Quote Recommended Action: MOVE to approve the purchase of one (1) ea. Caterpillar skidsteer loader with muicher attachment from Empire Equipment of Prescott using City of Tucson/National Intergovernmental Purchasing Alliance Contract No. 120377 pricing in the total amount of$136,992.61 (City Contract No. 2014-180). 2 PrfletduileA-1. 1 EMPIRE CAT Since 1950 4/17/2014 updated 4/18/14 CITY OF PRESCOTT-PURCHASING PO BOX 2059 PRESCOTT, AZ 86302 On behalf of Empire Machinery and Caterpillar Inc., we are pleased to quote the following. 2014 New Caterpillar 299D1XHP MA1 Standard Equipment POWERTRAIN - Park Brake Engages Cat C3.8 Diesel Engine - Engine Emission System -Gross Horsepower per SAE J1349 Storage compartment with netting 110 hp (82 kW) @ 2400 RPM Seat, Comfort, Air Suspension, Cloth, - EPA Tier 4i and EU Stage I IIB Heat Certified with Aftertreatment - High Back heated seat with recline - Electric Fuel Priming Pump - Lumbar support -Air Inlet Heater Starting Aid - Fully adjustable Seat Mounted - Liquid Cooled, Direct Injection Controls Air Cleaner, Dual Element, Radial Seal Ergonomic Contoured Armrest S-O-S Sampling Valve, Hydraulic Oil Control Interlock System, when Operator Filter, Cartridge Type, Hydraulic Leaves Seat or Armrest Raised: Filters, Cartridge Type, Fuel - Hydraulic System Disables and Water Separator - Hydrostatic Transmission Disables Radiator/Hydraulic Oil - Parking Brake Engages Cooler(side-by-side) ROPS, Cab, Enclosed (C3), Tilt Up: Spring Applied, Hydraulically Released, -Air Conditioner incl Heater/Defroster Wet Multi Disc Parking Brakes - Side Windows Hydrostatic Transmission - Cup Holder FOPS, Level I Top and Rear Windows Deluxe Headliner Floormat Interior Rear View Mirror 12V Electric Socket Horn Hand (Dial) & Foot Throttle, Electroi HYDRAULICS, XHP Dual Direction Electronic Self Level - - High Flow: 40 gpm (150 Ipm) max (Raise and lower) - High Flow Pressure: 4061 psi Work Tool Return to Dig 28000 kPa max Work Tool Positioner - Continuous Flow Electronic Snubbing (Lift) - Hydraulics, Proportional Advanced LCD Display -Worktool Harness - Full color 5 inch LCD screen CONTROLS: -Advanced Anti-theft Security System, Electro/Hydraulic Implement Control, RH multioperator Electro/Hydraulic Hydrostatic - Rear View Camera Transmission Control, LH - Integrated AMICS features FRAMES Lift Linkage, Vertical Path Chassis, One Piece Welded ELECTRICAL Machine Tie Down Points (4) 12 Volt Electrical System Belly Pan Cleanout 100 Ampere Alternator Support, Lift Arm Ignition Key Start/ Stop/Aux Switch Rear Bumper, Welded Lights:-Gauge Backlighting -Two Rear Tail Lights OTHER STANDARD EQUIPMENT -Two Rear Halogen Working Lights Engine Enclosure- Lockable -Two Adjustable Front Extended Life Antifreeze (-37C, -34F) Halogen Lights Coupler, Mechanical - Dome Light Hydraulic Oil Level Sight Gauge Backup Alarm Radiator Coolant Level Sight Gauge Electrical Outlet, Beacon Radiator Expansion Bottle Cat Tough Guard Hose OPERATOR ENVIRONMENT Counterweight, Machine, External Gauges : Heavy Duty Flat Faced Quick Disconnects - Fuel Level with Integrated Pressure Release - Hour Meter Split D-Ring to Route Work Tool Hoses Operator Warning System Indicators: Along Side of Left Lift Arm -Air Filter Restriction Variable Speed Hydraulic Cooling Fan -Alternator Output Per SAE J818-2007 and EN 474-3:2006 and -Armrest Raised/Operator ISO 14397-1:2007 Out of Seat Rated Operating Capacity: - Engine Coolant Temperature At 50% Tipping Load - Engine Oil Pressure - 4650 lb (2109 kg) -Air Inlet Heater Activation At 35% Tipping Load - Hydraulic Filter Restriction - 3255 lb (1476 kg) - Hydraulic Oil Temperature 450-8271 LAND MANAGEMENT PACKAGE: LM2 Package provides factory installation of components contained in Debris Barrier Kit, Engine Air Intake Per-cleaner Kit, Turbo Debris Kit and Auxiliary Hydraulic Cooler Kit. Configured as Follows Ref# Description Price 4508273 299D1 XHP $110,020 0P2266 SHIPPING/STORAGE PROTECTION $198 2584095 SEAT BELT, 2" $0 3091325 LIGHTS, BEACON $212 3453556 HEATER, ENGINE COOLANT, 120V $188 3455911 CONVERSION ARRANGEMENT $0 3678222 TRACK, STEEL, 15.7 IN (400MM) $6,900 4223253 INSTRUCTIONS, ANSI, NACD $0 4223445 FILM, RIDE CONTROL, ANSI $0 4378384 UNDERCARRIAGE FOR STEEL TRACK, 1 SPEED $6,000 Warranty: 3 Yr. 3000 Hr. Gov. Pt. Hyd. Extended Warranty City of Tucson/National Intergovernmental Purchasing Alliance Contract#120377 List Price: $123,518.00 Contract#120377 Discount 16%of List Price: $(19,763.00) Sub Total: $103,755.00 Empire Discount: $(9,655.00) Sub Total: $94,100.00 Sales Tax: $7,622.10 Net Total: $101,722.10 WORK TOOLS OPTIONS 2967597 BUCKET 96" $2,224 3826210 MULCHER, HM415B, CARBIDE TEETH $35,835 List Price: $38,059 Contract#120377 Discount 15%of List Price: $(5,708.85) Sub Total: $32,350.15 Standard Prep: $300.00 Sales Tax: $2,620.36 Net Total: $35,270.51 Thank you for your consideration of this proposal and we look forward to the continued business partnership with City of Prescott. Sincerely, Dan Allen Account Manager This quote is good for thirty days and prices are subject to change. CITYo PI ESCOT z::oe,y }/lostetrta}n COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: Recreation Services AGENDA ITEM: Adoption of Ordinance No. 4887-1425 authorizing acceptance of a fee simple land donation from Arizona Public Service Company Approved By: Date: Director: Baynes, Joe I05/02/2014 City Manager: McConnell, Craig I Aae. 5-5-- 14- Item Summary This item requests acceptance of a 2.3-acre, fee simple land donation from Arizona Public Service Company (APS) at the current site of the Willow Creek Dog Park. Background The City currently leases 3.4 acres from Arizona Public Service Company (APS) via a 10- year lease, also known as Amendment No. 2 to City Contract No. 2000-282. The property has been leased by the City from APS for the Willow Creek Dog Park since 2000. The existing dog park and associated fencing and amenities were originally developed through a citizen-led fundraising effort. Its size, visibility, and proximity to a major roadway contribute to its popularity. Today, the Willow Creek Dog Park is one of Prescott's busiest parks. APS is agreeable to transferring ownership of 2.3 acres of the leased property to the City as a fee simple land donation. APS requests recognition of the donation through signage near the park entrance, a utility easement for existing APS power lines crossing the park, and City payment of costs incurred for necessary title survey work ($2,900), and title and escrow fees (approximately $860). The City contracted with Kelly-Wise Engineering to complete the necessary survey and legal description work. APS completed and paid for the Phase I Environmental Assessment for the subject property donation. While a real estate appraisal has not been completed, the value of the donation is estimated at $80,000. Agenda Item: Adoption of Ordinance No. 4887-1425 authorizing acceptance of a fee simple land donation from Arizona Public Service Company Financial Impact Financial costs to the City estimated to total $3,700 for this land donation (survey, title, and escrow fees) will be paid from the General Fund. Attachments 1. Exhibit A - Dog Park Location 2. Exhibit B - Agreement to Convey Land 3. Exhibit C — Ordinance No. 4887-1425 Recommended Action: MOVE to adopt Ordinance No. 4887-1425. 2 IExhibit A— Location of Land Donation so Auto Dealerships � *. '1' cr .-008E .' t. N. r ' p 008B a * ' Al o'' d • %1 Existing Dog Park � & Site of 2.3-acre -11-01 , ..f Donation 106-08-209A 106-08-005 106-08-206C '•1 e t r Jim McCasland / Utility 1t wP Easement 106-08-002A Willow Creek Park a. . 1-045X required o8-003 Parcel to be by APS k. retained by APS i o6-os-oo4Y I I/ ,. City-owned Willow Lake 106-08-004V. 4, ,° ' property i - i ' 2 xx APS Substation & WAPA Utility Corridor I N Exhibit B Agreement to Convey Land For Use as a Dog Park This Agreement to convey land for use as a dog park is entered into by and between Arizona Public Service Company(APS)and the City of Prescott(City)as of March 27,2014. Recitals A. City and APS entered into a Lease dated September 22.2011,wherein APS has leased to City vacatu land adjacent to APS Willow Lake Substation for use as a dog park(the"Lease''). The City has fenced and is using as a dog park pursuant to the Lease approximately 3.5 acres. B. The City has requested that APS convey to the City fee title to two (2) of the acres currently being leased. C. APS is willing to donate the requested two (2) acres of land to the City at no cost. subject to the following terms and conditions. Agreement Now therefore in consideration of the above referenced Recitals and further consideration of the promises provisions and conditions below,APS and City hereby agree as follows: 1. APS will grant to City a special warranty deed conveying fee simple title to two(2)acres of land. 2. The City agrees to provide all boundary survey and related work needed for this transaction.including a Minor Land Division and legal description. 3. The City will provide all title services for this transaction. 4. APS will provide a Phase One Environmental Report of the subject property prior to close of escrow. 5. APS and the City will terminate the lease,and the City will remove its fencing around the property currently being leased. City will remove all other personal property.fixtures or facilities the City has placed on the leased property(except that City does not need to remove personal property.fixtures or facilities from the two(21 acres that will be conveyed to the City). 6. There will be no requirements or demands upon APS to beautify Willow Lake Substation. Any future expansion of the substation will be similar in nature to its current external appearance. 7. City acknowledges and agrees that by APS conveying the subject property. APS is not becoming a joint venture or participant in the City's project to develop a dog park. Additionally. Ciry will indemnify and hold harmless APS from any claims,damages,costs,or expenses of any kind related to the City's efforts to develop a dog park and/or the City's effort to obtain a grant from Benful—Purina. 8. The City agrees that APS reserves the right to review and approve the wording of a sign that may be posted at the dog park acknowledging APS'donation of the land to the City. /� //y 0 } J es L< y. Joe Baynes ader Services De,., en t Director Recreation Services Department Ari Public Service Co pan) City of Prescott A BETTER TOMORROW STARTS TODAY ORDINANCE NO. 4887-1425 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE ACCEPTANCE OF CERTAIN REAL PROPERTY FROM ARIZONA PUBLIC SERVICE COMPANY ("APS") FOR THE USE OF A DOG PARK AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID TRANSACTION. RECITALS: WHEREAS, since 2002, the City of Prescott ("Prescott") has leased approximately 3.4 acres of property from APS for the Willow Creek Dog Park; and, WHEREAS, APS is willing to donate approximately 2.3 acres of real property to the City, where the current Willow Creek Dog Park sits (Exhibit A) pursuant to certain terms contained in the Agreement to Convey Land For Use as a Dog Park dated March 27, 2014 (Exhibit B); and, WHEREAS, APS requests recognition of the donation through a sign near the park entrance; and, WHEREAS, APS requests a utility easement for their existing power lines that cross the Willow Creek Dog Park; and, WHEREAS, the City will pay for the necessary survey (approximately $2900.00) and title and escrow fees (approximately $860.00); and, WHEREAS, APS will complete and pay for. the Phase I Environmental Assessment; and, WHEREAS, this generous donation of APS property to the City has an approximate value of $80,000.00; and, WHEREAS, the City Council has determined that acceptance of approximately 2.3 acres of real property from APS for use as a dog park will be in the best interests of the health, safety and welfare of the City of Prescott. ORDINANCE NO. 4887-1425 PAGE 2 ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: SECTION 1. THAT the City Council hereby accepts the donation of approximately 2.3 acres of real property from APS for use as a dog park referenced in Exhibit A. SECTION 2. THAT the City Council hereby agrees that the City will grant a utility easement to APS over the property as referenced in Exhibit A. SECTION 3. THAT the City Council authorizes the City to pay for the closing costs (title and escrow fees) and survey costs associated with the transfer of this property. SECTION 4. THAT the City Council will allow the placement of a sign, consistent with the City's sign code, near the entrance of the dog park that recognizes APS's generous contribution to the dog park. SECTION 5. THAT the City Council agrees to be bound by the mutual responsibilities and duties of the parties contained in Exhibit B. SECTION 6. THAT the City Council authorizes the Mayor and City staff to execute any and all documents necessary to finalize this transaction. PASSED and ADOPTED by the Mayor and Council of the City of Prescott, Arizona, on this day of , 2014. MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA R. DeLONG, City Clerk JON M. PALADIN', City Attorney CITYor PRESCOTT ESCOTT Eger e./j 4mcfaura. COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: Public Works AGENDA ITEM: Award of contracts for Appraisal Services for various real property transactions to: (1) Wayne Harding & Associates (City Contract No. 2014-166), and (2) Roger L. Dunlap & Associates, LTD (City Contract No. 2014-167), each in an amount not to exceed $30,000.00 Approved By: Date: Director: Hash, Henry 105/02/2014 City Manager: McConnell, Craig eva.4%idet4A.A. S•S- I Item Summary This item is to award two (2) separate, one-year contracts for Appraisal Services on an as-needed basis for City real property transactions. Two contracts will provide necessary flexibility in the conduct of real property matters. Background Acquisition of new rights-of-way and easements are frequently required to facilitate delivery of capital improvement projects. Additionally, the City may decide to dispose of City real property. These types of transactions require appraisal services to determine fair market value. On February 20, 2014, the City received proposals from appraisal companies interested in providing as-needed services for various City projects involving real property. Four responses were received as follows: • Wayne Harding &Associates (Scottsdale) • Bergthold Ag Services (Prescott) • Cushman &Wakefield of Arizona, Inc. (Phoenix) • Roger L. Dunlap &Associates (Scottsdale) Pursuant to selection procedures for professional services, the qualifications and fee structures were evaluated for each firm, resulting in the following ranking: Agenda Item: Award of contracts for Appraisal Services for various real property transactions to: (1) Wayne Harding & Associates (City Contract No. 2014-166), and (2) Roger L. Dunlap & Associates, LTD (City Contract No. 2014-167), each in an amount not to exceed $30,000.00 1. Wayne Harding &Associates 2. Bergthold Ag Services* 3. Roger L. Dunlap &Associates *Subsequent to receiving the RFP from Bergthold Ag Services, Gordon Bergthold (owner) indicated that he is retiring, and asked to be removed from consideration. The contracts provide for "on-call" services on an "as needed" basis (project by project); billing is at prices for services as set forth by the fee schedules. Upcoming projects that may require right-of-way acquisitions necessitating Appraisal Services include: Overland Trail Bridge Replacement Park Avenue Reconstruction Rosser Street Reconstruction Annual Small Water Main Replacement Project Annual Sewer Rehabilitation/Replacement Project Crystal Lane Realignment Robinson Drive Reconstruction 18" Water Main — Smoketree Lane SR69 Corridor Water Main Replacement Zone 16 (Haisley area) Water Main, Pump Station and Reservoir Mountain Club Cross Connector Heckthorn (Airport area) Water Main 36" and 18" (Airport area) Emergency Check Valve Installation Pleasant Street Water Main SR69-Prescott Lakes Parkway Wastewater Improvements Brush-Lincoln Trunk Main Sundog Trunk Main Replacement Financial Impact FY14 funding is available for Appraisal Services from the One-Cent Sales Tax for Streets and Open Space, Water Fund, and Sewer Fund. The estimated costs are included in the individual project budgets for which the services are required. Attachments 1. Schedule of Fees Recommended Action (by separate motions): (1) MOVE to award City Contract No. 2014-166 to Wayne Harding & Associates, in an amount not to exceed $30,000; and (2) MOVE to award City Contract No. 2014-167 to Roger L. Dunlap and Associates, LTD, in an amount not to exceed $30,000.00. 2 iN+ ci e c-1- 1 Schedule of Fees For Appraisal Services The following are general projections of"lump sum'costs for the types of appraisal assignments requested by the City. It is noted that most assignments are unique and will likely require individual fee quotes based upon the individual parcel, the specific terms of each project, and the number of parcels being appraised. Roger L. Dunlap &Associates. LTD. Wayne Harding and Associates Whole Property Appraisal Vacant Land $2,600 $2,800 Improved Property $3,650 $5,000 Before and After Appraisal Vacant Land $2,750 $3,300 Improved Property $3,850 $6,000 on up Easement Appraisal Vacant Land $2,750 $3,300 Improved Property $3,850 Partial Acquisition Vacant Land $2,750 $3,300 Improved Property $3,850 $6,000 on up Re-appraisal Vacant Land $1,375 $2,000 Improved Property $1,750 $3,000 on up Court Testimony Hourly Rate Court Testimony $200 per hour $225 per hour 11 .4 . (TrYor'PR +SCOTT l_scryy:ffltmct,? }� COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: Finance AGENDA ITEM: Adoption of Resolution No. 4225-1434 approving the Impact Fee Report and adopting a Fee Schedule for Impact Fees pursuant to Arizona Revised Statutes §9- 463.05 Approved By: Date: Director: Woodfill, Mark 05/07/2014 City Manager: McConnell, Craig Aa„i ipu,(A,,2L -II- 0 Item Summary This item is for adoption of Resolution No. 4225-1434, providing for approval of a fee schedule for Impact Fees; and the Impact Fee Report that provides the basis for the fees. Background To adopt impact fees, the City is mandated to develop an Impact Fee Report consistent with Arizona Revised Statutes §9-463.05. The legislation requires specific timeframes between publication, public hearing, and Council consideration of the Impact Fee Report. This resolution will approve the Impact Fee Report, a mandatory component of the legislation. Following adoption of the Resolution, an Ordinance revising the Prescott City Code will be prepared for Council consideration at a subsequent meeting. The impact fees are proposed to go into effect August 1, 2014. Should the Council wish to not assess certain impact fees listed on Exhibit B of Resolution No. 4225-1434, any such changes should be identified in the motion. The official record will include the final version of Resolution No. 4225-1434, and Exhibit B thereto. Examples of fees (current and proposed) for various types of development are also attached for information. Agenda Item: Adoption of Resolution No. 4225-1434 approving the Impact Fee Report and adopting a Fee Schedule for Impact Fees pursuant to Arizona Revised Statutes §9- 463.05 Attachments 1. Resolution No. 4225-1434 2. Schedule 3. Examples of fees for various development scenarios Recommended Action: MOVE to adopt Resolution No. 4225-1434. 2 RESOLUTION NO. 4225-1434 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, ADOPTING THE IMPACT FEE REPORT DATED APRIL 24, 2014, FOR THE CITY OF PRESCOTT, AND ADOPTING A FEE SCHEDULE FOR IMPACT FEES RECITALS: WHEREAS, the City of Prescott, a municipal corporation of the State of Arizona, is required, pursuant to A.R.S. 9-463.05(C), to adopt an Impact Fee Report as a requirement of assessing development impact fees to offset costs to the municipality associated with providing necessary public services to a development; and WHEREAS, Prescott previously released to the public an Infrastructure Improvement Plan ("IIP") and Land Use Assumptions ("LUA") on February 25, 2014, as required by A.R.S. 9-463.05; and WHEREAS, the Impact Fee Report (Exhibit A) must be developed by qualified professionals based on the IIP and LUA; and WHEREAS, the Impact Fee Report (Exhibit A) was prepared for the City of Prescott in the manner required by law by Raftelis Financial Consultants, Inc., for City of Prescott Fire and Emergency Medical Services, Police, Water System, Water Resources, and Wastewater System development impact fees; and WHEREAS, the City Council has determined that they wish to implement particular impact fees as are contained in the attached Fee Schedule (Exhibit B); and WHEREAS, the statutory requirements for posting, public notice, and public hearing regarding the Impact Fee Report (Exhibit A) and the Fee Schedule (Exhibit B) were all duly met in the manner required by law; and WHEREAS, it is in the best interests of the City of Prescott's health, safety and welfare to adopt the impact fees contained in the Impact Fee Report (Exhibit A) and the Impact Fee Schedule (Exhibit B). ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: RESOLUTION NO. 4225-1434 PAGE 2 Section 1. THAT the Impact Fee Report of the City of Prescott, Arizona, dated April 24, 2014 and the Impact Fee Schedule (Exhibits A and B) are hereby adopted in their entirety, copies of which are made part hereof and incorporated into this Resolution as though fully set forth herein. Section 2. THAT the Fee Schedule (Exhibit B) shall control the specific impact fees that the City of Prescott will implement. Section 3. THAT the effective date for the Water System, Water Resources and Wastewater System development will be August 1, 2014. NOTE: City Council will determine the disposition of Police, and Fire and EMS development impact fees at the May 13, 2014, Council Meeting Section 4. THAT the City will <Council to select one of the following> 1. not charge Police Development Impact Fees; and will not charge Fire and EMS Development Impact Fees. or 2. charge zero dollar and zero cent ($0.00) rates for each of Fire and EMS Development Impact Fees, and Police Development Impact Fees, from August 1, 2014, until January 1, 2015, at which time said impact fees shall comport with the Development Impact Fees Schedule of Exhibit B. or 3. <if applicable, another alternative to be described by Council.> Section 5. THAT the City Council hereby gives notice of intent to assess development fees and directs City staff to: (i) release to the public and post on the City's website the Impact Fee Report (Exhibit A) and the Impact Fee Schedule (Exhibit B) contained in this Resolution, and (ii) set a public hearing on the proposed development fees in accordance with applicable law. Section 6. THAT the Mayor and City officials and staff are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this Resolution. RESOLUTION NO. 4225-1434 PAGE 3 PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA R. DeLONG JON M. PALADINI City Clerk City Attorney RESOLUTION NO. 4225-1434 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, ADOPTING THE IMPACT FEE REPORT DATED APRIL 24, 2014, FOR THE CITY OF PRESCOTT, AND ADOPTING A FEE SCHEDULE FOR IMPACT FEES RECITALS: WHEREAS, the City of Prescott, a municipal corporation of the State of Arizona, is required, pursuant to A.R.S. 9-463.05(C), to adopt an Impact Fee Report as a requirement of assessing development impact fees to offset costs to the municipality associated with providing necessary public services to a development; and WHEREAS, Prescott previously released to the public an Infrastructure Improvement Plan ("IIP") and Land Use Assumptions ("LUA") on February 25, 2014, as required by A.R.S. 9-463.05; and WHEREAS, the Impact Fee Report (Exhibit A) must be developed by qualified professionals based on the IIP and LUA; and WHEREAS, the Impact Fee Report (Exhibit A)was prepared for the City of Prescott in the manner required by law by Raftelis Financial Consultants, Inc., for City of Prescott Fire and Emergency Medical Services, Police, Water System, Water Resources, and Wastewater System development impact fees; and WHEREAS, the City Council has determined that they wish to implement particular impact fees as are contained in the attached Fee Schedule (Exhibit B); and WHEREAS, the statutory requirements for posting, public notice, and public hearing regarding the Impact Fee Report (Exhibit A) and the Fee Schedule (Exhibit B) were all duly met in the manner required by law; and WHEREAS, it is in the best interests of the City of Prescott's health, safety and welfare to adopt the impact fees contained in the Impact Fee Report (Exhibit A) and the Impact Fee Schedule (Exhibit B). ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: RESOLUTION NO. 4225-1434 PAGE 2 Section 1. THAT the Impact Fee Report of the City of Prescott, Arizona, dated April 24, 2014 and the Impact Fee Schedule (Exhibits A and B) are hereby adopted in their entirety, copies of which are made part hereof and incorporated into this Resolution as though fully set forth herein. Section 2. THAT the Fee Schedule (Exhibit B) shall control the specific impact fees that the City of Prescott will implement. Section 3. THAT the effective date for the Water System, Water Resources and Wastewater System development will be August 1, 2014. * NOTE: City Council will determine the disposition of Police, and Fire and EMS Section 4. THAT the City will 1. not charge Police Development Impact Fees; and will not charge Fire and Of- 2. charge zero dollar and zero cent ($0.00) rates for each of Fire and EMS Development Impact Fees, and Police Development Impact Fees, from August 1, 2014, until January 1, 2015, at which time said impact fees shall comport with the Development Impact Fees Schedule of Exhibit B. • Section 5. THAT the City Council hereby gives notice of intent to assess development fees and directs City staff to: (i) release to the public and post on the City's website the Impact Fee Report (Exhibit A) and the Impact Fee Schedule (Exhibit B) contained in this Resolution, and (ii) set a public hearing on the proposed development fees in accordance with applicable law. Section 6. THAT the Mayor and City officials and staff are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this Resolution. *Amended at the Council meeting of May 13, 2014 RESOLUTION NO. 4225-1434 PAGE 3 PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA R. DeLONG JON M. PALADIN! City Clerk City Attorney RESOLUTION NO. 4225-1434 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, ADOPTING THE IMPACT FEE REPORT DATED APRIL 24, 2014, FOR THE CITY OF PRESCOTT, AND ADOPTING A FEE SCHEDULE FOR IMPACT FEES RECITALS: WHEREAS, the City of Prescott, a municipal corporation of the State of Arizona, is required, pursuant to A.R.S. 9-463.05(C), to adopt an Impact Fee Report as a requirement of assessing development impact fees to offset costs to the municipality associated with providing necessary public services to a development; and WHEREAS, Prescott previously released to the public an Infrastructure Improvement Plan ("IIP") and Land Use Assumptions ("LUA") on February 25, 2014, as required by A.R.S. 9-463.05; and WHEREAS, the Impact Fee Report (Exhibit A) must be developed by qualified professionals based on the IIP and LUA; and WHEREAS, the Impact Fee Report (Exhibit A) was prepared for the City of Prescott in the manner required by law by Raftelis Financial Consultants, Inc., for City of Prescott Fire and Emergency Medical Services, Police, Water System, Water Resources, and Wastewater System development impact fees; and WHEREAS, the City Council has determined that they wish to implement particular impact fees as are contained in the attached Fee Schedule (Exhibit B); and WHEREAS, the statutory requirements for posting, public notice, and public hearing regarding the Impact Fee Report (Exhibit A) and the Fee Schedule (Exhibit B) were all duly met in the manner required by law; and WHEREAS, it is in the best interests of the City of Prescott's health, safety and welfare to adopt the impact fees contained in the Impact Fee Report (Exhibit A) and the Impact Fee Schedule (Exhibit B). ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: RESOLUTION NO. 4225-1434 PAGE 2 Section 1. THAT the Impact Fee Report of the City of Prescott, Arizona, dated April 24, 2014 and the Impact Fee Schedule (Exhibits A and B) are hereby adopted in their entirety, copies of which are made part hereof and incorporated into this Resolution as though fully set forth herein. Section 2. THAT the Fee Schedule (Exhibit B) shall control the specific impact fees that the City of Prescott will implement. Section 3. THAT the effective date for the Water System, Water Resources and Wastewater System development will be August 1, 2014. NOTE: City Council will determine the disposition of Police, and Fire and EMS development impact fees at the May 13, 2014, Council Meeting Section 4. THAT the City will <Council to select one of the following> 1. not charge Police Development Impact Fees; and will not charge Fire and EMS Development Impact Fees. or 2. charge zero dollar and zero cent ($0.00) rates for each of Fire and EMS Development Impact Fees, and Police Development Impact Fees, from August 1, 2014, until January 1, 2015, at which time said impact fees shall comport with the Development Impact Fees Schedule of Exhibit B. or 3. <if applicable, another alternative to be described by Council.> Section 5. THAT the City Council hereby gives notice of intent to assess development fees and directs City staff to: (i) release to the public and post on the City's website the Impact Fee Report (Exhibit A) and the Impact Fee Schedule (Exhibit B) contained in this Resolution, and (ii) set a public hearing on the proposed development fees in accordance with applicable law. Section 6. THAT the Mayor and City officials and staff are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this Resolution. RESOLUTION NO. 4225-1434 PAGE 3 PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA R. DeLONG JON M. PALADINI City Clerk City Attorney Exhibit A A copy of the (140-page) Impact Fee Report is available in the City Council Office, and can also be accessed online at www.prescott-az.aov by clicking on the "Impact Fee Process" link on the homepage. Exhibit B Development Impact Fees Page 1 of 3 Police Development Impact Fee Category Fee Assessment Single-Family Residential $ 113.78 Housing Unit Multi-Family Residential 113.78 Housing Unit Retail 129.53 1,000 square feet Industrial 91.06 1,000 square feet Office 255.81 1,000 square feet Hotel/Motel 77.55 1,000 square feet Fire and EMS Development Impact Fee Category Fee Assessment Single-Family Residential $ 319.33 Housing Unit Multi-Family Residential 319.33 Housing Unit Retail 363.53 1,000 square feet Industrial 255.54 1,000 square feet Office 717.91 1,000 square feet Hotel/Motel 217.64 1,000 square feet Water Resource Development Impact Fee Meter Capacity Size Ratio A 5/8-inch 1.000 $ 1,481.06 3/4-inch 1.500 2,221.59 1-inch 1.667 2,468.43 1.5-inch 3.333 4,936.87 2-inch 5.333 7,898.99 3-inch 10.000 14,810.60 4-inch 16.667 24,684.33 6-inch 33.333 49,368.67 8-inch 53.333 78,989.87 o o co I- I-- O CO I- I N 00 f.- AO' CO a- CA CO O O LO M CD CD O M CD CD I- O CO I,- r N CD co) C0 + O r I- Ln I,- CO I,- r CA OD CO O O M CO (O + co K) 0) O) I- O) co CO 4 - CO CO r• ) O I� Lf) N-• U CO N M I` 1- M C) CT Imo- r N d• CD M r + ✓ a- N c• }' CO- M �• r N C O ER r• N ER Q 0) et N M r 0 I,- r) 0') M 0 CA I-- M r co r NI- O r CO CC) CO Q) r r) r co LD co I-- 4 co co N- co + 1- ca CD O M O 1- O M <- — CN OO M ti N N CO ti U CO N CI' CO LO NI' O r 0 �F LC) Or a- M LM• O ti• CO ✓ r N• CO• - CO LC) r r Q EFTr N 69 O 0 co I- N O co N N- r N O) co .c r r 0 .cl CO M CD 1- O M CD CO CD CA CO M CD r Cr) 00 r I N CO I: 4 O 4 M CO R 4 r ti LC) Tr CO CO M CD + = I- - <-O CO I N N- + CD = r) LC) LC) <- co- 4 ti LC) 4 + O CO I� LC) I-- N co N a- e- r co Ln r CO Co r A . r r) LC) O I: U N N'''' r + r e- M LC) Q 69- Ea RS CO V M N- 0 0 0 O O O O v U) M N d' 1- a.- 0) N- CA et a) a) co co LC) CO 0 O CD Q CA 0) a) co I- in r co co L() co CA CA r CA CA CO I- +OVM r• O) n O• ) A r 'EC) co L CO N A CD O M r r M CC) r 0• ) + r r M CO N CA r r CO r r d + Eg N 69s. 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Z Scenario 1: Current Single Family Residential versus Proposed Fees - 5/8" x 3/4" Meter South Prescott Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police $ 589 I I $ 114 $ - Fire 525 I I 319 - Water 5,389 I I 4,090 4,090 Wastewater** 1,800 I I 3,562 3,562 Water Resource 4,945 I I 1,481 1,481 Total I I $ 13,248 I I $ 9,566 I I $ 9,133 1 North Prescott Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police $ 589 I $ 114 $ - Fire 525 I 319 - Water 5,389 I 2,263 2,263 Wastewater** 1,800 I 1,989 1,989 Water Resource 4,945 I 1,481 1,481 Total I I $ 13,248 I I $ 6,166 I I $ 5,733 Airport Area Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police I $ 589 $ 114 $ - Fire I 525 319 - Water I 5,389 2,332 2,332 Wastewater** I 1,800 2,156 2,156 Water Resource 4,945 1,481 1,481 Total I I $ 13,248 I I $ 6,402 II $ 5,969 **Current wastewater fee assumes approximately 32 fixture units and $56 fee per fixture unit. Scenario 2: Current 10,000 sf Medical Office versus Proposed Fees - 2" Meter-10,000 sf East Prescott Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police $ - I $ 2,558 I $ - Fire - I 7,179 i - Water 28,723 I 14,583 I 14,583 Wastewater** 1,200 I 18,172 I 18,172 Water Resource 26,355 i 7,899 7,899 Total I I $ 56,279 I I $ 50,391 JI $ 40,654 North Prescott Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police $ - $ 2,558 $ - Fire - 7,179 - Water 28,723 12,070 12,070 Wastewater** 1,200 10,606 10,606 Water Resource 26,355 7,899 7,899 Total I I $ 56,279 I I $ 40,312 I I $ 30,575 Airport Area Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police $ - $ 2,558 $ - Fire - 7,179 - Water 28,723 12,439 12,439 Wastewater** 1,200 11,501 11,501 Water Resource 26,355 7,899 7,899 Total II $ 56,279 II $ 41,576 JI $ 31,839 **Wastewater fee assumes approximately 21 fixture units and $56 fee per fixture unit. Scenario 3: Current 250,000 sf Retail versus Proposed Fees - 3" Meter - 250,000 sf East Prescott Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police $ - I $ 32,383 I $ - Fire - 90,883 I - Water 77,602 27,344 I 27,344 Wastewater** 1,200 ! 34,072 I 34,072 Water Resource 71,208 I 14,811 I 14,811 Total I I $ 150,010 I I $ 199,492 II $ 76,227 North Prescott Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees I I Report Impact Fees I Police $ - I $ 32,383 $ - Fire - I I 90,883 - Water 77,602 I I 22,631 22,631 Wastewater** 1,200 I I 19,887 19,887 Water Resource 71,208 I I 14,811 14,811 Total II $ 150,010 I I $ 180,594 I I $ 57,329 Airport Area Fee Scenario , Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police $ - I $ 32,383 $ - Fire - I 90,883 - Water 77,602 I 23,322 23,322 Wastewater** 1,200 I 21,564 21,564 Water Resource 71,208 I 14,811 14,811 Total I I $ 150,010 I I $ 182,963 I ! $ 59,697 *Development fee =fee for (5/8 x 3/4") meter x (applicant's projected gallons per day [GPD]water use/residential equivalent unit water use of 235 GPD). **Wastewater fee assumes approximately 21 fixture units and $56 fee per fixture unit. Scenario 4: Current 40,000 sf Retail versus Proposed Fees - 2" Meter- 40,000 sf East Prescott Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police I $ - I $ 5,181 I $ - Fire I - I 14,541 I - Water I 28,723 I 14,583 I 14,583 Wastewater** I 1,200 I 18,172 I 18,172 Water Resource j 26,355 I 7,899 7,899 Total I I $ 56,279 II $ 60,376 I I $ 40,654 North Prescott Fee Scenario Current Impact Impact Fee Recommended - Fee Type Fees Report Impact Fees Police I $ - $ 5,181 $ - Fire I - 14,541 - Water I 28,723 12,070 12,070 Wastewater** I 1,200 10,606 10,606 Water Resource I 26,355 7,899 7,899 Total I I $ 56,279 II $ 50,297 I I $ 30,575 Airport Area Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police I $ - $ 5,181 I $ - Fire I - 14,541 I - Water I 28,723 12,439 I 12,439 Wastewater** 1,200 11,501 I 11,501 Water Resource I 26,355 7,899 I 7,899 Total I I $ 56,279 II $ 51,561 I I $ 31,839 **Wastewater fee assumes approximately 21 fixture units and $56 fee per fixture unit. Scenario 5: Current 40,000 sf Industrial versus Proposed Fees - 2" Meter - 40,000 sf East Prescott Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police I $ - I $ 3,642 $ - Fire I - I 10,222 - Water I 28,723 I 14,583 14,583 Wastewater** I 1,200 I 18,172 18,172 Water Resource I 26,355 I 7,899 7,899 Total I I $ 56,279 I I $ 54,518 I I $ 40,654 II North Prescott Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees I I Report Impact Fees Police $ - I I $ 3,642 $ - Fire - II 10,222 - Water 28,723 I I 12,070 12,070 Wastewater** 1,200 I I 10,606 10,606 Water Resource 26,355 ( I 7,899 7,899 Total I I $ 56,279 I I $ 44,439 I I $ 30,575 Airport Area Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police I $ - I $ 3,642 $ - Fire I - I 10,222 - Water I 28,723 I 12,439 12,439 Wastewater** I 1,200 I 11,501 11,501 Water Resource I 26,355 I 7,899 7,899 Total I I $ 56,279 I I $ 45,703 II $ 31,839 **Wastewater fee assumes approximately 21 fixture units and $56 fee per fixture unit. Scenario 6: Current 100,000 sf Retail versus Proposed Fees - 2" Meter- 100,000 sf East Prescott Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police $ - $ 12,953 I $ - Fire - 36,353 I - Water 28,723 14,583 I 14,583 Wastewater** 1,200 18,172 I 18,172 Water Resource 26,355 7,899 1 7,899 Total I I $ 56,279 I I $ 89,960 I I $ 40,654 North Prescott Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police I $ - $ 12,953 $ - Fire I - 36,353 - Water 28,723 12,070 12,070 Wastewater** I 1,200 10,606 10,606 Water Resource I 26,355 7,899 7,899 Total I I $ 56,279 II $ 79,881 I I $ 30,575 Airport Area Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report I I Impact Fees Police $ - $ 12,953 I I $ - Fire I - I 36,353 I I - Water I 28,723 I 12,439 I I 12,439 Wastewater** I 1,200 I 11,501 I I 11,501 Water Resource I 26,355 I 7,899 I I 7,899 Total I I $ 56,279 I I $ 81,145 I I $ 31,839 **Wastewater fee assumes approximately 21 fixture units and $56 fee per fixture unit. Scenario 7: Current 100,000 sf Industrial versus Proposed Fees - 2" Meter - 100,000 sf East Prescott Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police I I $ - I $ 9,105 $ - Fire I I - 25,555 - Water I I 28,723 I 14,583 14,583 Wastewater** I I 1,200 I 18,172 18,172 Water Resource I I 26,355 ( 7,899 7,899 Total I I $ 56,279 I I $ 75,314 I I $ 40,654 North Prescott Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police $ - $ 9,105 I $ - Fire - 25,555 - Water 28,723 12,070 I 12,070 Wastewater** 1,200 10,606 I 10,606 Water Resource 26,355 7,899 I 7,899 Total I I $ 56,279 I I $ 65,235 I I $ 30,575 Airport Area Fee Scenario Current Impact Impact Fee Recommended Fee Type Fees Report Impact Fees Police I $ - I $ 9,105 $ - Fire I - I 25,555 - Water ( 28,723 I 12,439 12,439 Wastewater** I 1,200 I 11,501 11,501 Water Resource I 26,355 I 7,899 7,899 Total I I $ 56,279 I I $ 66,499 II $ 31,839 **Wastewater fee assumes approximately 21 fixture units and $56 fee per fixture unit. CITYor PRESCOTT Xomc&eon COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: Public Works (AGENDA ITEM: Award of bid and contract for the Willow Creek Dam Repairs Project to Technology Construction, Inc., in the amount of $180,000.00 (City Contract No. 2014- 182; Water Fund) Approved By: Date: Director: Hash, Henry 105/02/2014 City Manager: McConnell, Craig Ad4A4 404.4.1-1- 3'S- ij- U Item Summary This item is to award a bid and contract to perform concrete repairs to the City-owned Willow Creek Dam at Willow Lake. The project also includes the installation of safety railing, security fencing, and a walkway. This is the second of two projects to improve the dams. In 2012, similar repairs were made to Upper Goldwater Dam, Lower Goldwater Dam, and Granite Creek Dam. Background Willow Creek Dam was constructed in 1935 and requires periodic maintenance. Regulatory oversight of dams within Arizona is exercised by the Dam Safety Section of the Arizona Department of Water Resources (ADWR). A yearly inspection of each of the City-owned dams is performed by ADWR accompanied by City Utility Operations and Engineering personnel. The report of observed conditions, requirements, and recommendations is prepared by ADWR and forwarded to the City. There are no structural issues; however, recent inspections have identified varying degrees of concrete surface deterioration at several locations on the dam and spillway. Repairs are necessary to treat and arrest the surface deterioration in order to maintain the integrity of the dam. Project plans and specifications were prepared in accordance with the US Bureau of Reclamation Guidelines, and reviewed and approved by ADWR. Additionally, ADWR approved the Quality Assurance plan and will periodically inspect the progress of the work. Agenda Item: Award of bid and contract for the Willow Creek Dam Repairs Project to Technology Construction, Inc., in the amount of $180,000.00 (City Contract No. 2014- 182; Water Fund) Bid Results A mandatory pre-bid meeting was held on April 3, 2014; six bids were received on April 17, 2014, as follows: Bidder Location Total Bid Technology Construction, Inc. Prescott, AZ $180,000.00 Truesdell Corporation I Tempe, AZ $208,208.00 Fann Contracting, Inc. Prescott, AZ $214,323.00 1 Robert E. Porter Construction Co., Inc. Phoenix, AZ $240,776.00 1 Headwaters Construction, LLC I Chino Valley, AZ $299,340.00 1 Val-E-West Construction, Inc. Gilbert, AZ $335,513.00 Engineer's Estimate $210,080.00 Written confirmation of their bid has been received from Technology Construction, Inc. Verification of the company's license, bonding, references, and past performance of similar projects has been completed. Accordingly, Technology Construction, Inc. is deemed to be the low, responsive, responsible bidder. Project Schedule The contract allows forty five (45) calendar days for completion of the work, with project milestones listed below: Award of Contract May 13, 2014 Pre-Construction Meeting May 21, 2014 Notice to Proceed (NTP) June 2, 2014 Substantial Project Completion July 16, 2014 Financial Impact FY 2014/2015 funding for this project is from the Water Fund. Attachments 1. Vicinity Map Recommended Action: MOVE to award the bid and contract for the Willow Creek Dam Repairs Project to Technology Construction, Inc., in the amount of $180,000.00 (City Contract No. 2014-182). 2 -/ `.. WILLOW CREEK DAM .- f wi WILLOW LAKE . -:?: ., . ....,. 71••=CD O ,\ ; vi Ail 0 _. .....,„.„,,z -ri NOT TO SCALE -c+r-F D ICD4-q ,"' . ' 1 . . ' i 1 Q � 0 zs 4,.. ` . v . O � r µ. ... . i tr I WATSON LAKE •y (--. _ -,V_, VICINITY MAP p�oc PRFs• J� = k.,c _,,3 _,,m WILLOW CREEK DAM REPAIRS PROJECT • 9 Q'r CITY OF PRESCOTT- PUBLIC WORKS DEPARTMENT �/ii�'iZQ/ 'I . CITYou•PKESCOTT !_.L>er ,}HootetcAan COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: Public Works AGENDA ITEM: Award of bid and contract for the FY 2014 Pavement Reconstruction Project to Asphalt Paving & Supply, Inc., in the amount of $2,461,747.07 (City Contract No. 2014-184; One Cent Streets and Open Space, and Water Funds) Approved By: Date: Director: Hash, Henry 105/06/2014 City Manager: McConnell, Craig ,e/tac 5-b-/9- v Item Summary This item is to award a bid and contract to perform pavement reconstruction and roadway improvements on the following City streets: Average Daily Traffic Count Length of Functional (vehicles per Improvements Street Classification day) (lineal feet) Willow Lake Frontage Road Local 1,000 2,523 College Heights Road Local 1,200 945 Haining Street Local 1,500 572 Delano Avenue Minor Collector 2,000 805 1 Sequoia Drive I Minor Collector 3,000 787 1 Willow Lake Road Minor Arterial 10,000 701 1 Miller Valley Road Minor Arterial 22,500 1.7171 1 TOTAL 8,050 1 The contract also includes the replacement of aged and under-sized water mains on College Heights Road and Sequoia Drive. Background Pavement reconstruction is one component of the Public Works Department's comprehensive program to preserve, rehabilitate, and upgrade the City's street system. The asphalt pavement on the selected streets has deteriorated to a condition beyond maintenance/repair and must be replaced in its entirety per the recommendation of geotechnical reports. Agenda Item: Award of bid and contract for the FY 2014 Pavement Reconstruction Project to Asphalt Paving & Supply, Inc., in the amount of$2,461,747.07 (City Contract No. 2014- 184; One Cent Streets and Open Space, and Water Funds) On February 26, 2013, Council awarded a professional services contract to Shephard- Wesnitzer, Inc., for engineering services to provide plans and bidding documents to accomplish the proposed improvements, and including post-design services. Geotechnical investigations, utility assessments, and the preparation of plans and bidding documents were completed and advertising for construction bids commenced on March 23, 2014. This pavement reconstruction project generally consists of removing existing asphalt pavement and subgrade material and repaving with new hot-mix asphalt over an engineered section of processed subgrade and aggregate base course. The streets included in this contract are some of the lowest rated streets in terms of condition in the City street system, with the exception of Miller Valley Road. A different segment of Miller Valley Road (from Grove Avenue to Fair Street) was milled and repaved in 2010. The portion of Miller Valley Road from Fair Street to Whipple Street that is included in this contract does not need to be reconstructed, but does require pavement repairs, milling, and repaving. The installation of new water services is a part of the FY 13/14 Small Water Mains Project that was awarded on April 22, 2014. The installation of these new water services will be completed under that contract prior to the milling and repaving of Miller Valley Road from Fair Street to Whipple Street. In advance of this contract work, UniSource Energy Services and CableOne have relocated their respective utilities to accommodate the roadway reconstruction. The condition of City water and sewer facilities within these roads was evaluated and checked against the Water and Sewer Models. It was determined that the water mains on College Heights Road and Sequoia Drive required replacement. The utility evaluation also determined that the new water services were required on Miller Valley Road. Upgrade of the water and sewer facilities on the remaining streets is not necessary. Bid Results A mandatory pre-bid meeting was held on April 9, 2014; three bids were received on April 24, 2014, as follows: Bidder Location Total Bid Asphalt Paving & Supply, Inc. I Prescott Valley, AZ I $2,461,747.07 1 Fann Contracting, Inc. I Prescott, AZ I $2,731,960.35 Combs Construction Company, Inc. I Glendale, AZ I $3,041,261.80 Engineer's Estimate $2,431,516.65 2 Agenda Item: Award of bid and contract for the FY 2014 Pavement Reconstruction Project to Asphalt Paving & Supply, Inc., in the amount of$2,461,747.07 (City Contract No. 2014- 184; One Cent Streets and Open Space, and Water Funds) Written confirmation of their bid has been received from Asphalt Paving & Supply, Inc. Verification of the company's license, bonding, references, and past performance of similar projects has also been completed. Previous issues with the FY13/14 Pavement Rehabilitation Project are being resolved to the satisfaction of the City, with remedial work in progress. Accordingly, Asphalt Paving & Supply, Inc., is deemed to be responsible and responsive for the purposes of this contract award. Project Schedule The contract allows two hundred seventy (270) calendar days for completion of the work, with project milestones listed below: Award of Contract May 13, 2014 Pre-Construction Meeting May 21, 2014 Notice to Proceed (NTP) June 9, 2014 Substantial Project Completion March 3, 2015 Financial Impact FY 2014/2015 funding for the streets portion of this project has been budgeted and is available from the One-Cent Sales Tax for Streets and Open Space. Funding for the replacement of the water mains is available from the Water Fund. Attachments 1. Vicinity Map Recommended Action: MOVE to award the bid and contract for the FY 2014 Pavement Reconstruction Project to Asphalt Paving & Supply, Inc., in the amount of $2,461,747.07 (City Contract No. 2014-184). 3 f j . WILLOW • 1 [' / /ØFRONT E RD 15,1)(j tr, _ I WILLOW Chimp ,„lit t�',.„pi LAKE RD COLLEGE �- '\\. Q� HEIGHTS RD ftv , viderit =.. �a t�� �'')Irif P.IPh' ;*-.--:.- ---) ai'qs„. 4e• Lt; ( . .. A % ' V rn _ JS DE • - 1 .1_ EQ •• IA D I '` . 4 15-1 : N.L.■' lire*Iir. ,4: ........ma INING ST .J1* , nin11 1 f_ • •Ic ► _ VALLEY RD s , ,__ .. 71,, A.—. n I� 111111 :'' _11111 _. D I I I I II II 11 ;.�. 1 ::4 ip . nu ii ter% „nig' 11 i n:rJ' NIIIII `-v4 , iv- tir:°- .-4141-iiivA41111* ,_, J,IC A` . . . 4.140 1), ., .41!....11„..0.: vejlk. . .fit. iik if t g C7) it )1 j.): ' •k 1 A ,7/\\, .....,........_. ,/, ., .. , 444--4 . tar\ ', 1 , 1 , "��' • NOT TO SCALE 131. ) do VICINITY MAP p0F PRt-4 lr—;-' oa„, FY 2014 PAVEMENT RECONSTRUCTION PROJECT v = '-in ' - Z oN�� CITY OF PRESCOTT PUBLIC WORKS DEPARTMENT 1 . • rrrvor PRESCOTT if0N't~ COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: Public Works AGENDA ITEM: Award of bid and contract for the Park Avenue Improvements Project to Fann Contracting, Inc., in the amount of $5,457,035.50 (City Contract No. 2014-185; One Cent Streets and Open Space, Water, and Wastewater Funds) Approved By: Date: Director: Hash, Henry 105/06/2014 City Manager: McConnell, Craig e«4jf14164. w. _ 5 6 -I+ 0 Item Summary This item is to award a bid and contract for removal and replacement of the existing Park Avenue pavement structure, as well as curbs and gutters, sidewalks, water and sewer lines and services, and storm drains. Background The project limits are Park Avenue from West Gurley Street to Copper Basin Road. Utility upgrades along Park Avenue will extend north into Gurley Street. The Pavement Condition Rating for Park Avenue is one of the lowest in the system for major collector streets. Sight lines at the intersecting side streets will be greatly improved. Curb returns, handicap ramps, and vertical curves along the corridor will meet current AASHTO standards. The water main on Park Avenue will be replaced with approximately 3,100 If of new 8- inch ductile iron water main with new services. The existing sewer main on Park Avenue will be replaced with approximately 4,100 If of new 8-inch PVC sewer main with new manholes and services. New storm drain piping and structures will be constructed from Country Club Drive to Glenwood Avenue. Protection and preservation of historic features in the Park Avenue Historic District has been provided for in the contract documents. During street reconstruction, the contractor will remove the old light bases and install new bases and conduits for the historic street Agenda Item: Award of bid and contract for the Park Avenue Improvements Project to Fann Contracting, Inc., in the amount of $5,457,035.50 (City Contract No. 2014-185; One Cent Streets and Open Space, Water, and Wastewater Funds) lights. City forces will remove and protect the lights during construction and reinstall the lights on the new foundations near the end of the project. Bid Results A mandatory pre-bid meeting was held on March 19, 2014. Of the four (4) proposals received on April 10, 2014, following detailed review and evaluation, one bid was determined responsive and responsible. Bid determined responsive and responsible for purposes of award Location Total Bid Fann Contracting, Inc. Prescott, AZ $5,457,035.50 1 Engineer's Estimate $5,006,384.69 Exhibit A provides analyses of the three (3) other proposals determined to be non- responsive or nonresponsible. Bids determined nonresponsive or nonresponsible for purposes Location Total Bid of award 1 CLM Earthmovers 1 Prescott, AZ $4,968,458.22 1 Standard Contracting Co., Inc. 1 Avondale, AZ 1 $5,308,799.05 I 1 Asphalt Paving & Supply, Inc. 1 Prescott Valley, AZ 1 $6,801,011.22 1 Written confirmation of their bid has been received from the bidder determined to be low, responsive, and responsible for purposes of this contract award, Fann Contracting, Inc. Verification of the company's license, bonding, references, and past performance of similar projects has been completed. Schedule The contract allows three hundred sixty five (365) calendar days for completion of the work with project milestones listed below: Award of Contract May 13, 2014 Pre-Construction Meeting May 20, 2014 Notice to Proceed (NTP) May 27, 2014 Final Completion May 27, 2015 2 Agenda Item: Award of bid and contract for the Park Avenue Improvements Project to Fann Contracting, Inc., in the amount of $5,457,035.50 (City Contract No. 2014-185; One Cent Streets and Open Space, Water, and Wastewater Funds) Financial Impact Funding has been budgeted and is available for this project in the Streets, Water, and Wastewater Funds. Attachments 1. Exhibit A 2. Location Map Recommended Action: MOVE to award the bid and contract for the Park Avenue Improvements Project to Fann Contracting, Inc., in the amount of $5,457,035.50 (City Contract No. 2014-185). 3 Exhibit A Bid Evaluations — Legal Framework Bids and bidders are evaluated to determine the most responsible and/or most qualified bidder in accordance with City Procurement rules, specifically: Section 1-27, Paragraph K. The determination of whether a bid is "responsive" is distinct from the determination of whether a bidder is "responsible." A bid is responsive if it materially conforms to the requirements of the solicitation, such as completion time, certifications, and licensing. See, e.g., Marshall Found. v. Aronoff, 159 Ariz. 337, 338-39, 767 P.2d 224, 225-26 (App. 1988). Requiring bids to be responsive allows: ...all bidders to have an equal opportunity to obtain the item for sale. When bids vary the terms of the offer, that opportunity is lost. Those who abided by the original terms are cheated of their opportunity if a bid varying the terms is accepted because they did not have the chance to compete on those terms. Id.; see also REM Constr., Inc. v. Houghton, 162 Ariz. 322, 323, 783 P.2d 261, 262 (App., 1989). In contrast, the determination of whether a bidder is responsible "embraces such elements as the bidder's integrity, skill, capacity, experience, and facilities for doing the work he is contracting to perform." Brown v. City of Phoenix, 77 Ariz. 368, 373, 272 P.2d 358, 361 (1954). The evaluation of a bidder's responsibility allows the municipality to "form an intelligent and sound opinion as to fitness and qualifications to do the work." Osborn v. Mitten, 39 Ariz. 372, 377, 6 P.2d 902, 904 (1932). A municipality has a duty not only to comply with the provisions of its own code but also "to act in the public interest, to be fair, honest, prudent and to exercise a wise discretion" Hertz Drive-Ur-Self System, Inc. v. Tucson Airport Authority, 81 Ariz. 80, 85, 299 P.2d 1071, 1074 (1956); Prescott City Code § 1-27-4 (A) and (B) (City Procurement Code) serves "to ensure fair competitive access to City procurement by responsible suppliers of goods and services" and requires City employees and officials to "conduct themselves in such a manner as to foster public confidence in the integrity of the City procurement organization". As the Arizona Supreme Court has noted, "the purpose of requiring competitive bidding is "to prevent the plundering of the taxpayers." Brown, 77 Ariz. at 373, 272 P.2d at 361 (citing Osborn, 39 Ariz. at 382, 6 P.2d at 906). As long as the decision to reject a bidder as "non-responsible" is supported by sufficient evidence, it is not arbitrary or capricious. Responsiveness of Bid - CLM Earthmovers, Inc. There are discrepancies with CLM's bid for the Park Avenue Reconstruction Project. • CLM picked up bid documents on April 7, 2014 and submitted a bid April 10, 2014. It is unreasonable, given the size and complexity of the project, that a responsible contractor can compose a reliable bid in three days. CLM is more than $400,000 below the mean bid price. Evaluation of the bid tabulations gives reasonable doubt that CLM can accomplish the work in full performance of the contract. • CLM's bid is mathematically unbalanced: o $0.10 for rock removal (trench). o $8.00 for flaggers- the bid does not cover minimum wage plus taxes and markup. Responsibleness of Bidder - CLM Earthmovers, Inc. CLM Earthmovers, Inc. was awarded the Zone 27 Improvements project on September 11, 2012 in the amount of $5,613,053.19. The project is currently four months beyond the amended contract completion date and will be more than a year beyond the contract completion date by the time it is completed. The contractor has refused to perform under the contract without legal cause and has unnecessarily delayed the project. • CLM disputed the measurement and payment of unsuitable material and rock excavation at the tank site and threatened to stop work until the issue is resolved in their favor. • On October 24th, 2012, a rock slide occurred on the tank site due to the excavation not being properly shored. CLM refused to install shoring unless the City agreed to pay for the shoring although the contract clearly states that it is the contractor's responsibility. • Hundreds of hours of staff time from the Public Works and Legal Department have been logged responding to CLM's delays and work stoppages. • The contractor has filed a lawsuit against the City of Prescott in Yavapai County Superior Court and issues revolving around the contractor's performance of the work are pending resolution. The factors evaluated with this project specifically relate to the following sections of the City Procurement Code: 1-27(K)(1.) Costs incurred by the City or other governmental entities in contested change orders by the contractor. 1-27(K)(2.) Litigation in which the contractor was involved with the City or other governmental agencies relative to contractor performance. 1-27(K)(3.) Failure of the contractor to have met bid specifications or time limits in previous contracts. 1-27(K)(4.) Abandonment of a contract or refusal to perform without legal cause after submission of a bid. Due to these issues, CLM Earthmovers is found to be NOT the most responsive, responsible and/or qualified bidder. Responsiveness of Bid — Standard Construction, Inc. There are discrepancies with Standard Construction's bid for the Park Avenue Reconstruction Project. • Bid item for Earthwork, Excavation and Embankment is significantly higher than norm. If the quantity were to increase, the City would pay a disproportionately higher cost. • Bid item for Aggregate Base Course is significantly higher than norm. If the quantity were to increase, the City would pay a disproportionately higher cost. • Bid item for Fill Construction is significantly higher than norm. If the quantity were to increase, the City would pay a disproportionately higher cost. • Standard Constructions bid for traffic control items is mathematically unbalanced; o $95,000 for Traffic Control Plan. The bid containing all items related to traffic control is front loaded, meaning that the overall final cost for traffic control will likely be higher. • Standard submitted an incomplete Subcontractor's List with their bid. • Standard failed to list the City of Phoenix Quarter Section Waterline Rebuild project on their project list (which is a project that is currently in litigation). The request for bids states that "Failure to provide complete and factual information may be grounds for rejection of the bids..." (pg7 Information For Bidders) Responsibleness of Bidder— Standard Construction, Inc. Standard Construction's bid was evaluated and past projects and references were checked to determine their qualifications and responsiveness. Agencies contacted include the Cities of: Sedona, Nogales, Sierra Vista, Florence, Phoenix, and Avondale. Four of the agencies reported generally favorable results with some minor problems. One agency reported that they were in litigation with the contractor over performance of a contract. They reported that the work was completed in December, 2013 but they are so far unable to close out the contract due to contested change orders. The final agency reported that they are in litigation with the contractor and declined to answer any questions. The factors evaluated with this project specifically relate to the following sections of the City Procurement Code: • 1-27(K)(1.) Costs incurred by the City or other governmental entities in contested change orders by the contractor. • 1-27(K)(2.) Litigation in which the contractor was involved with the City or other governmental agencies relative to contractor performance. • 1-27(K)(3.) Failure of the contractor to have met bid specifications or time limits in previous contracts. Due to these issues, Standard Construction, Inc. is found to be NOT the most responsive, responsible and/or qualified bidder. Responsiveness of Bid — Asphalt Paving and Supply, Inc. There are discrepancies with Asphalt Paving and Supply, Inc.'s bid numbers for the Park Avenue Reconstruction Project. • AP&S's bid for 8" Water Main is 338% of the average other bids ($225/LF vs $66.55) and is an unreasonably high cost for this work. • AP&S's bid for 8" Sanitary Sewer Main is 404% of the average other bids ($269/LF vs $66.54) and is an unreasonably high cost for this work. Awarding of a contract to AP&S would result in a much greater cost to the City than industry norms and result in a windfall to the contractor. Due to these issues, Asphalt Paving and Supply, Inc. is found to be NOT the most responsive bidder. Responsibleness of Bid —Asphalt Paving and Supply, Inc. Previous issues with the FY13/14 Pavement Rehabilitation Project are resolved to the satisfaction of the City and remedial work is in progress. 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