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HomeMy WebLinkAboutCC - Agendas - City Council - REGULAR - 1/26/2010EM on (1TY C�i- PI- ESt:r01_l11I` PRESCOTT CITY COUNCIL REGULAR VOTING MEETING TUESDAY, January 26, 2010 3:00 P.M. PRESCOTT CITY COUNCIL REGULAR VOTING MEETING AGENDA Council Chambers 201 South Cortez Street Prescott, Arizona 86303 (928) 777-1100 The following Agenda will be considered by the Prescott City Council Voting Meeting pursuant to the Prescott City Charter, Article II, Section 1 meeting is given pursuant to Arizona Revised Statutes, Section 38-431.02. ♦ CALL TO ORDER ♦ INTRODUCTIONS ♦ INVOCATION: Pastor Amy Ryland, Church of Nazarene ♦ PLEDGE OF ALLEGIANCE: Councilwoman Lopas ♦ ROLL CALL: MAYOR AND CITY COUNCIL: Mayor Kuykendall Councilman Blair Councilman Hanna Councilman Lamerson Councilwoman Linn Councilwoman Lopas Councilwoman Suttles ♦ SUMMARY OF CURRENT OR RECENT EVENTS I. PUBLIC COMMENTS 3 at its Regular . Notice of this A. Ron Lovelady recognizing recent actions by Prescott Fire Department, First Responders and Yavapai Regional Medical Center. B. George Seaman re invitation to upcoming national shooting event. C. Frank Creelman re (1) hydrology of the Upper and Lower Chino Basins A- Z; (2) conduct of police officers; (3) killing of the bobcat on January 12, 2010; (4) lawsuit; and (5) answer to initial petition re former Police Chief. D. Ashley Bacak re conduct of police officers. Prescott City Council Regular Voting Meeting — January 26, 2010 Page 2 II. PRESENTATIONS A. Introduction of new businesses. B. Presentation by Ed Reilly and sons re proposed Eagle Scout project to produce a large bronze with a Boy Scout theme. C. Presentation by R Wall re mural depicting the life of Mr. Acker to be painted on a wall in Acker Park. III. CONSENT AGENDA CONSENT ITEM A THROUGH H LISTED BELOW MAY BE ENACTED BY ONE MOTION. ANY ITEM MAY BE REMOVED AND DISCUSSED IF A COUNCILMEMBER SO REQUESTS. A. Adopt Resolution No. 4000-1030 — A resolution of the Mayor and Council of the City of Prescott, Yavapai County, Arizona accepting grant funding from the Governor's Office of Highway Safety in the amount of $60,000.00 for continued operation of the Tri-City DUI Task Force through September 2010. B. Approve recommended expenditures of the Acker Trust Board for Fiscal Year 2010 totaling $8,000.00. C. Accept the 2009 grant award from Arizona Department of Homeland Security in the amount of $35,900.00 for rescue and safety equipment for the Regional Response Team. D. Award a contract to C&S Engineers in the amount of $84,295.00 for conducting an FAA Wildlife Hazard Assessment at Ernest A. Love Field (City Share is $4,214.75). E. Adopt Ordinance No. 4730-1027 — An ordinance of the Mayor and Council of the City of Prescott, Yavapai County, Arizona, authorizing the sale of miscellaneous surplus property and authorizing the Administrative Services Director to execute any and all documents to effectuate said sales. F. Approve a Professional Services Agreement with Stantec Consulting, Inc., for Pavement Management Services in an amount not to exceed $72,200.00. G. Adopt Ordinance No. 4729-1026 — An ordinance of the Mayor and Council of the City of Prescott, Yavapai County, Arizona, accepting a public utility easement from Empire Southwest LLC., a Delaware limited liability company, in the vicinity of 3068 Centerpointe East Drive and authorizing the Mayor and City staff to take necessary steps to complete acceptance and dedication as a City of Prescott public utility easement. 05 09 Prescott City Council Regular Voting Meeting — January 26, 2010 Page 3 H. Approve the Minutes of the Prescott City Council Workshop of December 2, 2009; the Workshop of December 30, 2009; the Study Session of January 5, 2010; the Workshop of January 6, 2010 and the Study Session of January 12, 2010. IV. REGULAR AGENDA A. Appointment of members to the Prescott: The Arizona Centennial City Committee. B. Approval of a Professional Services Agreement with J2 Engineering and Environmental Design for engineering services to update the FEMA floodplain determination for Tributaries to Granite Creek in an amount not to exceed $299, 947.00. C. Approval of a Professional Services Agreement with JE Fuller/Hydrology & Geomorphology, Inc., for engineering services to update the FEMA floodplain determination of Willow Creek Levee in an amount not to exceed $159,195.00. D. Adoption of Resolution No. 4001-1031 — A resolution of the Mayor and Council of the City of Prescott, Yavapai County, Arizona, repealing Resolution Number 3927-0933 and adopting new Rules of Procedure for the Prescott City Council. E. Approval of Notice of Intention to Increase Water and Wastewater Rates. F. Consideration to install a multi -way stop and/or marked crosswalk on Copper Basin Road at Highland Avenue, Park Avenue and Hassayampa Village Lane. G. Recess into Executive Session. V. EXECUTIVE SESSION A. Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation, pursuant to A.R.S. §38-431.03(A)(4). 1. Salt River Valley Water Users' Association vs. City of Prescott 05 Prescott City Council Regular Voting Meeting — January 26, 2010 B. Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, pursuant to ARS §38-431.03(A)(1). 1. Annual evaluation of Judge Arthur Markham. VI. POST EXECUTIVE SESSION A. Consideration of employment agreement with Judge Arthur Markham. VII. ADJOURNMENT CERTIFICATION OF POSTING OF NOTICE j The un ersigned hereby certifies that a copy of the foregoing notice was duly posted at Prescott City Hall on at.m. in accordance with the statement filed by the Prescott City Council with the City Clerk. izabeth A.jWrke, MMC- City RESOLUTION NO.4000-1030 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, ACCEPTING FEDERAL 410 GRANT FUNDING FROM THE ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY IN THE AMOUNT OF $60,000 FOR THE CONTINUED OPERATION OF THE TRI-CITY DUI TASK FORCE THROUGH SEPTEMBER 30, 2010 AND AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS TO IMPLEMENT SAME RECITALS: WHEREAS, in June 2009, the City Council authorized City Staff to submit an application to the Arizona Governor's Office of Highway Safety (GOHS) seeking Federal 410 funding to continue operation of the Tri-City DUI Task Force; and WHEREAS, on December 23, 2009, the Prescott Police Department received notification that its application for continued Federal 410 funding in the amount of $60,000.00 had been awarded by GOHS for the continued operation of the City of Prescott in such task force; and WHEREAS, there are no requirements for local matching funds associated with this grant award. Consequently, there would be no fiscal impact to the City. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: Section 1. That the City of Prescott hereby accepts the grant funds from the Arizona Governors' Office of Highway Safety in the amount of $60,000 for its continued operation in the Tri-City DUI Task force. Section 2. That the Mayor and staff are hereby authorized to execute any and all documents to effectuate the foregoing. PASSED AND ADOPTED by the Mayor and Council of the City of Prescott this 26th day of January, 2010. MARLIN D. KUYKENDALL, Mayor RESOLUTION NO. 4000-1030 PAGE 2 ATTEST: ELIZABETH A BURKE, City Clerk APPROVED AS TO FORM: GARY D KIDD, City Attorney COUNCIL AGENDA MEMO — 01/26/10 DEPARTMENT: City Council AGENDA ITEM: Appointment of Members to the Prescott: The Arizona Centennial City Committee Aaaroved Bv: Data: Council Appointment Committee: Councilwoman Suttles and Councilmen Blair and Hanna 01/21/10 Finance Director: Mark Woodfill City Manager: Steve Norwood Item Summary There have recently been two resignations from the Prescott: The Arizona Centennial City Committee — Lindsey Mills, representing PACT, and Karen Churchill, representing Sharlot Hall Museum. It has been recommended by those organizations that James C.T. Pool be appointed to represent the Museum and Sharon Bell be appointed as a Citizen at Large. The Committee Chairman is recommending that another opening be placed in the Professionals category as they would like to find someone with a background in finance/accounting. This would leave the total number of members to eleven, as outlined in the establishing resolution. Since these members represent specific organizations, the Council Appointment Committee members are recommending their appointments as presented. Recommended Action: MOVE to appoint James C.T. Pool and Sharon Bell to the Prescott: The Arizona Centennial City Committee. 1 RESOLUTION NO.4001-1031 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, REPEALING RESOLUTION NUMBER 3927-0933 AND ADOPTING NEW RULES OF PROCEDURE FOR THE PRESCOTT CITY COUNCIL RECITALS: WHEREAS, Resolution Number 1606, adopted March 10, 1980, first adopted Rules of Procedure for the Prescott City Council; and WHEREAS, since that time several amendments have been adopted through Resolution Numbers 1851, 1877, 1890, 2033, 2074, 2294, 2296, 2439, 2456, 2850, 3032, 3047 and 3401; and WHEREAS, on December 16, 2008, the Prescott City Council adopted Resolution Number 3927-0933 repealing the prior resolutions and adopting new Rules of Procedures; and WHEREAS, the Prescott City Council wishes to make changes to the prior Rules of Procedure and adopt new Rules of Procedure for the Prescott City Council. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: SECTION 1. THAT, Resolution Number 3927-0933 is hereby repealed. SECTION 2. THAT, Exhibit A, attached hereto and made a part hereof, shall be the new Rules of Procedure for the Prescott City Council. PASSED and ADOPTED by the Mayor and Council of the City of Prescott, Arizona, this 26th day of January, 2010. ATTEST: MARLIN D. KUYKENDALL, Mayor APPROVED AS TO FORM: ELIZABETH A BURKE, City Clerk GARY D KIDD, City Attorney RESOLUTION NO. 4001-1031 PAGE 2 EXHIBIT `A' RULES OF PROCEDURE for the PRESCOTT CITY COUNCIL CITYOFPRESCOTT JANUARY 2010 RESOLUTION NO. 4001-1031 PAGE 3 RULES OF PROCEDURE FOR THE PRESCOTT CITY COUNCIL RULE 1 GENERAL RULES A. Rules of Journal (Article II, Section 15, City Charter): The Council shall determine its own rules and order of business subject to the provisions of this Charter. It shall keep a journal of its proceedings and the journal shall be open to public inspection during regular office hours. B. Written Rules of Procedure: The rules of procedure of the Council shall be in writing and be available to all interested citizens. C. Rules of Parliamentary Practice: The rules of parliamentary practice, comprised in Robert's Rules of Order, latest edition, shall govern the Council in all cases to which they are applicable, provided they are not in conflict with these rules or with the Charter of the City of Prescott. RULE 2 COUNCIL CODE OF ETHICS City Council members and officials occupy positions of public trust. Council members and all City officials shall strictly adhere to both the spirit and the letter of the laws of the State of Arizona pertaining to conflicts of interest. In addition to matters of pecuniary interest, Council members shall refrain from making use of special knowledge or information before it is made available to the general public; shall refrain from violation of Council rules; shall refrain from appointing immediate family members, business associates, or employees to municipal boards and commissions; shall refrain from influencing the employment of municipal employees; and shall refrain from using their influence as members of the governing body in attempts to secure contracts, zoning, or other favorable municipal action for friends, immediate family members, or business associates. RULE 3 CITY OFFICIALS A. City Manager, City Clerk, City Treasurer FINANCE DIRECTOR and City Attorney: The City Manager, Clerk, TreT FINANCE DIRECTOR and Attorney shall perform their respective duties as set forth in the Charter of the City of Prescott. Whenever there may be any questions concerning the interpretation of the powers and duties of the aforementioned City officials as enumerated in the City Charter, the City Council shall be the final arbitrator of any such dispute and, by a majority vote of its members, shall settle any such issue as a matter of Council policy. B. Chief of Police: The Chief of Police or such members of the Police Department as he may designate, shall be Sergeant -at -Arms of the Council meetings. RESOLUTION NO. 4001-1031 PAGE 4 C. Officials and Employees to Attend: The head of any department, or officer or employee of the City, when requested by the Council or City Manager, shall attend any regular, adjourned or special meeting and confer with the Council on all matters relating to City business. RULE 4 COUNCIL MEETINGS A. Regular and Special Meetings: The City Council shall hold regular and special meetings according to the provisions of the City Charter. Council meetings shall be conducted in accordance with the procedures set forth in these rules unless a motion to suspend the rules (as hereinafter provided) is first passed by the Council. Regular meetings of the Council shall begin at 3:00 P.M. on the second and fourth Tuesday of each month, unless a different day or time is determined by a majority of the Council. At regular meetings of the Council, members of the public may be permitted to speak on an item not otherwise listed on the agenda, if they have requested to do so by giving notice to the City Clerk of their name, address, phone number, and topic. Said notice is to be given no later than 5:00 p.m. on the Wednesday SECOND FRIDAY preceding the regular meeting at which time has been confirmed to be available; and the member of the public and their topic shall appear on the regular meeting agenda. In this event, members of the public shall be permitted to speak for a period not to exceed five (5) minutes provided, however, th-at a member of the public may not speak on the same topic more frequently than at a six-month interval. Copies of all documents and/or other materials proposed to be exhibited by a member of the public for an item not otherwise listed on the agenda shall be provided to the City Clerk by said deadline. Exhibition of any documents and/or other materials deemed to be offensive or otherwise inappropriate shall not be permitted. B. Executive Sessions: The Council may meet in executive session in accordance with the procedures and purposes set forth in State law and not otherwise. RESOLUTION NO. 4001-1031 PAGE 5 D. Scheduling Agenda Items. The Mayor may place any item on an agenda for consideration or discussion by the Council. Any two (2) councilmen may place an item on an agenda for consideration or discussion by the Council E. Withdrawing Agenda Items. When an item is initially placed on an agenda, it may only be withdrawn by the individual (Mayor or Councilmembers) who placed that item on the agenda. RULE 5 PRESIDING OFFICER The Mayor or, in his absence, the Mayor Pro Tempore, shall take the chair at the hour appointed for the Council to meet and shall immediately call the members to order. In the case of absence of both the Mayor and the Mayor Pro Tempore, the City Clerk shall call the Council to order. If a quorum is found to be present, the Council shall proceed to elect, by a majority vote of those present, a chairman of the meeting. RULE 6 CONDUCT OF MEETINGS The presiding officer shall serve as Council Parliamentarian. He shall preserve decorum and decide all questions of order, subject to appeal to the Council. A. During Council meetings, Council members shall preserve order and decorum and shall not delay or interrupt the proceedings or refuse to obey the orders of the presiding officer or the rules of the Council. Every Council member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine himself to the question under debate and shall avoid all offensive or indecorous language. A Council member once recognized shall not be interrupted while speaking unless called to order by the presiding officer or unless a point of order or other privileged motion is raised by another Council member. If a Council member is called to order while he is speaking, he shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed. If ruled not to be in order, he shall remain silent or shall alter his remarks so as to comply with the rules of the Council. A Council member, with permission of the presiding officer, may address questions to the City Manager or staff or members of the audience, but he shall confine his questions to the particular issue before the Council. If a point of order is raised and the presiding officer fails to act, any member of the Council may move to require him to enforce the rules and the affirmative vote of the majority of the Council shall be require the presiding officer to act. B. The presiding officer shall have the authority to preserve decorum in meetings as far as the audience, staff members, and City employees are concerned. The City Manager shall also be responsible for the orderly conduct and decorum of all City RESOLUTION NO. 4001-1031 PAGE 6 employees under his direction and control. Any remarks shall be addressed to the Chair and to any or all members of the Council. No member of the staff or audience shall enter into any discussion, either directly of indirectly, without first having obtained the floor by permission of the presiding officer, C. Citizens of the City and any other members of the public attending Council meetings shall also observe the same rules of propriety, decorum and good conduct applicable to members of the Council. Any person making personal, impertinent, and slanderous remarks or who becomes boisterous while addressing the Council, or while attending the Council meeting, shall be removed from the room if the Sergeant - at -Arms is so directed by the presiding officer, and such person shall be barred from further attendance at that particular Council meeting. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the presiding officer, who shall direct the Sergeant -at -Arms to remove such offenders from the room. Should the presiding officer fail to act, any member of the Council may move to require him to enforce the rules, and the affirmative vote of the majority of the Council shall require the presiding officer the act. Any member of the public desiring to address the Council must first be recognized by the Chair, shall state his name AND CITY OF RESIDENCE in an audible tone for the record, and shall limit his remarks to the to the question under discussion. Any remarks shall be addressed to the Chair and to any members of the Council. RULE 7 RIGHT OF APPEAL Any Council member may appeal to the Council from a ruling of the presiding officer. If the appeal is seconded, the member making the appeal may briefly state his reason for the same, and the presiding officer may briefly explain his ruling, but there shall be no debate on the appeal, and no other member shall participate in the discussion. The presiding officer shall then put the question, "Shall the decision of the Chair be sustained?" If the majority of the members present vote "Aye", the ruling of the Chair is sustained, otherwise it is overruled. RULE 8 LIMITATION OF DEBATE No member of the Council or public shall be allowed to speak more than once upon any one subject until all the Council members have had an opportunity to speak. No member of the Council or of the public shall be allowed to speak for a period longer than five minutes, without the leave of the presiding officer. Citizens groups shall identify themselves and shall be represented in presentation to the Council by one of the members of the group and cumulative or redundant speeches to the Council on the same issue shall be terminated at the discretion of the presiding officer. RESOLUTION NO. 4001-1031 PAGE 7 RULE 9 VOTING The vote on any question shall be taken by Ayes and Nays to be electronically tabulated, and the results thereof shall be disclosed simultaneously. In the event that the vote is unable to be electronically recorded, there shall be a roll call vote. It shall be out of order for members to explain their vote during the voting process. There shall be no additional debate or speaking after the vote is taken. RULE 10 MOTIONS TO BE STATED BY CHAIR When a motion is made and seconded, it shall be so stated by the Chair or, at his direction, by the City Clerk, before debate commences. RULE 11 CITY COUNCIL AGENDA FORMAT NORMAL BUSINESS I. CALL TO ORDER II. INTRODUCTIONS III. INVOCATION IV. PLEDGE OF ALLEGIANCE V. ROLL CALL VI. SUMMARY OF CURRENT OR RECENT EVENTS BY PRESIDING OFFICER AND/OR CITY MANAGER VII. APPROVAL OF MINUTES Vlll. CANVASS ELECTION RETURNS, SPECIAL AWARD PRESENTATIONS, SPECIAL GUESTS, RESOLUTIONS OR COMMENDATION, PROCLAMATIONS, ETC. AGENDA ITEMS I. CONSENT AGENDA II. PUBLIC HEARINGS III. PUBLIC (10-minute time limit) IV. COMMUNICATIONS AND/OR PETITIONS V. MAYOR AND COUNCIL ITEMS VI. CITY MANAGER ITEMS VII. SCHEDULED AGENDA BUSINESS VIII. RESOLUTIONS IX. ORDINANCES X. ADJOURNMENT Council Agenda formats are considered to be general guidelines for the published agenda. The Mayor is hereby authorized to deviate from the arrangement as set forth therein, or to delete a specific category from a particular agenda, at his of her discretion. RESOLUTION NO. 4001-1031 PAGE 8 RULE 12 MOTION TO ADJOURN - WHEN NOT IN ORDER - NOT DEBATABLE A motion to adjourn shall be in order at any time, except as follows: (A) When repeated without intervening business or discussion; (B) When made as an interruption of a member while speaking; (C) When the previous question has been ordered; and (D) While a vote is being taken. A motion to adjourn is debatable only as to the time to which the meeting is adjourned. RULE 13 CONSIDERATION OF PETITIONS Only those petitions submitted in writing at a regular Council meeting by a citizen of the City shall require Council action within thirty (30) days thereafter. (Article II, Section 18, City Charter). All other petitions submitted to the Mayor and/or Council members or other agencies of the City in the regular course of business, shall be considered in accordance with the laws of the State of Arizona, the City Charter or the City Code of the City of Prescott. (Examples: Annexation, improvement district, protests, elections, etc.) Unsigned communications or petitions, including newspaper articles or clippings, shall not be introduced in the minutes of Council meetings. RULE 14 MOTION TO SUSPEND THE RULES A motion to suspend the rules set forth herein shall be in order unless it pertains to rules mandated by the Charter of the City of Prescott or the laws of the State of Arizona. A motion to suspend the rules must be seconded, it is not debatable (except that the reason for the motion may be briefly explained by the mover) and requires at least a two/thirds vote of the members of the Council present at the meeting. TF-E COUNCIL AGENDA MEMO — January 26, 2010 DEPARTMENT: City Manager AGENDA ITEM: Water and wastewater rate setting process Approved By: Date: Regional Programs Director: Craig McConnell f - 21-10 Finance Director: Mark Woodfill City Manager: Steve Norwood / /v ITEM SUMMARY At the study session of January 19, 2010, Council discussed the need and procedure for considering changes to City water and wastewater rates as identified by the financial plan summarized by Dan Jackson, Economists.com, in his January 12th presentation. This document and supporting information are available via the "Water and Wastewater Rate Report" link on the City website, www.grescott-az.gov. Mr. Jackson cited various factors affecting the City's water and wastewater enterprises: slow growth in new customer accounts, much lower water use, reduced impact fee revenue, and most significantly, the City's extensive Capital Improvement Plan (CIP) which includes many projects to remedy existing system deficiencies. Funding required to keep the Sewer Fund on a stable financial footing continues to be a primary concern, in particular given the costs of extensive improvements to the Sundog and Airport Wastewater Treatment Plants required during the coming years which were detailed for Council on December 1, 2009. Current policy is to implement water rate increases, when necessary, during low -usage winter months, to provide a transition before the higher use summer period. Recognizing the Council's expressed interest in lengthening the rate setting public process to include additional informational workshops, continuing now would extend it into the upcoming summer. Considering the recent wastewater rate increase effective January 1, 2010, the fact that the next increment identified by the financial plan has been proposed for January 1, 2010, nearly a year from now, and interest in avoiding water rate adjustments in summer months, deferral of commencement of the rate setting process until Summer 2010 is suggested, tentatively to be concluded in Fall 2010, with any adjustments effective on a date to be selected between November 1, 2010, and January 1, 2011. Recommended Action: MOVE to defer commencement of the water and wastewater rate setting process until Summer 2010 according to a schedule to be established at that time.