CITY OF KINGMAN MEETING OF THE COMMON COUNCIL Council Chambers 310 N. 4 th Street Regular Meeting Page 1 of 5 5:30 P.M. AGENDA Tuesday, REGULAR MEETING CALL TO ORDER & ROLL CALL INVOCATION will be given by Pastor Kent Simmons, Canyon Community Church PLEDGE OF ALLEGIANCE THE COUNCIL MAY GO INTO EXECUTIVE SESSION FOR LEGAL COUNSEL IN ACCORDANCE WITH A.R.S.38-431.03(A) 3 TO DISCUSS ANY AGENDA ITEM. THE FOLLOWING ITEMS MAY BE DISCUSSED, CONSIDERED AND DECISIONS MADE RELATING THERETO: 1. APPROVAL OF MINUTES The Regular Meeting minutes of February 15, 2011. 2. PROCLAMATION The American Red Cross, for more than 125 years, has honored its mission to provide relief to disaster victims while helping people prevent, prepare for and respond to emergencies. Mayor Salem will proclaim March 2011 as Red Cross Month. 3. CALL TO THE PUBLIC - COMMENTS FROM THE PUBLIC Those wishing to address the Council should fill out request forms in advance. Action taken as a result of public comments will be limited to directing staff to study the matter or rescheduling the matter for consideration and decision at a later time. Comments from the Public will be restricted to items not on the agenda with the exception of those on the Consent Agenda. There will be no comments allowed that advertise for a particular person or group. Comments should be limited to no longer than 3 minutes. 4. CONSENT AGENDA All matters listed here are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the CONSENT AGENDA and will be considered separately. a. Special Event Liquor License Application Agent and Applicant Pamela Wilkinson of the Kingman Area Chamber of Commerce, has applied for a Special Event Liquor License for the date of April 19, 2011, for the Harley Give-away Fundraiser Dinner. This event will be held at the Powerhouse located at 120 West Andy Devine Avenue, Kingman, Arizona, on April 19, 2011, from 4:00 p.m. to 11:30 p.m. Staff recommends approval of the Special Event application. b. Transfer ownership of a 2008 Toyota Tacoma, VIN # 5TEUX42NX8Z574792, from the Kingman Police Department to the Lake Havasu City Police Department. On November 23rd, 2010, a 2008 Toyota Tacoma, VIN # 5TEUX42NX8Z574792, was forfeited
Page 2 of 5 to the State of Arizona, Kingman Police Department (CV-2010-1874). The vehicle was seized for forfeiture as a result of a criminal investigation conducted by Mohave Area General Narcotics Enforcement Team (MAGNET) officers. Kingman Police Department is the fiduciary for MAGNET and was therefore awarded the forfeiture on behalf of MAGNET. On February 9, 2011 the MAGNET Board conducted a vote in reference to the Lake Havasu Police Department s request to transfer ownership of the above listed vehicle from the Kingman Police Department to the Lake Havasu City Police Department. The vote resulted in the approval of the request by the board. Upon approval by the, ownership of the vehicle will be transferred to the Lake Havasu City Police Department. Staff recommends approval to transfer ownership of the above listed vehicle from the Kingman Police Department to the Lake Havasu City Police Department. c. Resolution No. 4730---authorizing the Mayor to sign JPA 10-073-I with Arizona Department Of Transportation (ADOT) for Byway funding for improvements to the Powerhouse Visitor s Center The City of Kingman has been awarded $275,302.00 through the National Scenic Byways Program administered by ADOT. This program provides federal funding for improvements along National Byways such as Route 66. Our project includes making improvements to the Powerhouse Visitor s Center such as adding new display racks, information desk, exterior canopies, signage, banners, exterior kiosk, and mural. The design and construction of this project is federally funded through a reimbursement process combined with a local match. The federal reimbursement amount is 80% with the local match being 20%. The total federal funding will be $220,241.00 with a local match of $55,061.00. The Route 66 Association of Arizona is providing $25,000 towards the local match and the remaining $30,061.00 will be paid from the Tourism Development Commission s Bricks and Mortar Fund. Staff recommends adopting Resolution No. 4730 authorizing the Mayor to sign JPA 10-073-I with ADOT for National Scenic Byways funding. d. Resolution No. 4729---request to abandon, relinquish, and vacate any remaining interest in the Hackberry Waterline easement (license) on the La Senita School site. The Council is asked to approve a resolution and authorize the Mayor to sign a Quit Claim Deed, that vacates any remaining interest in the waterline easement/licensed area. The area was formerly the Hackberry Waterline, which was first built during World War II to assist the Army Airfield. Later it was transferred to Mohave County and then to the City of Kingman when it acquired the water system in 1960-61. The waterline is now abandoned and its functions relocated to transmission lines along Gordon Drive. Any interest in it is no longer needed. Unisource Energy is proposed to place a solar energy project in the area of the old Hackberry waterline, on the property of La Senita School. After extensive research the City has little if any interest in the area and can simply relinquish any remaining interest by resolution and a Quit Claim Deed. This request was made by Kingman Unified School District (KUSD) and Unisource Energy. City of Kingman Public Works, Engineering, Planning and Surveying staff have reviewed the request, and no objections were noted. Staff recommends approval of Resolution No. 4729 and authorize the Mayor to sign a Quit Claim Deed. e. Award of Bid for Sanitation Department Bobcat Skid Loader for Fiscal Year 2010/2011 The Public Works Sanitation Department received five bids on 2/14/11 for one Bobcat Skid Loader, for the fiscal year 2010/2011 budget. They were 1) H & E Equipment, Phoenix, AZ GEHL 4640 E TURBO--$26,585.04; 2) Larson Equipment, Lake Havasu City, AZ S-160
Page 3 of 5 BOBCAT---$30,434.16; 3) R.D.O. Equipment, Flagstaff, AZ---318-D John Deere---$30,973.22; 4)Hertz Equipment Rental, Las Vegas, NV---CASE-SR175---$31,649.23; 5) empire Southwest, Mesa, AZ---no bid. Larson Equipment was the only bidder that is an actual Bobcat dealer. Purchasing a Bobcat will enable us to utilize our existing Bobcat attachments on the new skid loader. In addition, Larson Equipment is the only bidder whose submittal met all requirements specified in the Request for Proposal. Staff recommends that Council award the bid to Larson Equipment of Lake Havasu City, Arizona. f. Award of Bid Grant Fleet Vehicle for Fire Department The Fire Department was awarded a Governor s Office of Economic Recovery Grant for the purchase of a ¾ ton pick up truck, utility bed and emergency lighting package. Bids were received on the pick up truck portion and opened February 14, 2011. Five bids were received. Vehicle will be paid for by grant monies. Staff recommends Award of Bid to Martin Swanty Chrysler Dodge Jeep, low bidder, in the amount of $26,001 which includes tax. g. Community Development Block Grants (CDBG) Housing Rehab project change order Under the City s 2009 CDBG Housing Rehabilitation contract #127-09, staff awarded a standard contract to Big D s Construction on November 9, 2010 in the amount of $24,840.04 to complete major rehabilitation work on a client s home. During construction several issues were discovered that had not been visible during the pre-bid process, therefore were not included as part of the scope of work or the awarded bid & contract. These minor items include a change to the elevation of the foundation and adjust the doorway width to the bathroom and other miscellaneous repairs in the amount of $1,462.74. This change order increases the contract amount to an amount which now requires approval of Council. Staff is asking council to approve a change order to the original contract in the amount of $1,462.74 to Big D s Construction to make the necessary repairs to this home. This change order will bring the entire repair contract for this home to $26,302.78 which will require the city to file a lien on the home and enter the homeowner into a forgivable loan for this amount. All funds associated with this action are budgeted CDBG funds. Staff recommends approval. h. Special Event Liquor License Application Agent and Applicant Lawrence Carver of the Elks, Kingman Lodge #468 has applied for a Special Event Liquor License for the dates of April 28-30, 2011, for the Motorcycle Show/Harley Run. This event will be held at 2501 Beverly Avenue, Kingman, Arizona, from 10:00 a.m. to 7:00 p.m. each day. Staff recommends approval of the Special Event application. 5. OLD BUSINESS a. Nuisance Code Ordinances No. 1697, No. 1698, No. 1699 The City Attorneys Office, in conjunction with the Kingman Police Department, Kingman Fire Department, and Development Services Department has drafted some amendments to the City s Public nuisance ordinance. These modifications establish minimum fines which will be deposited into an abatement fund for future abatements; a court ordered abatement process; and an appeal process of an order to vacate an unfit building. These changes will do a number of things: first, it will establish an effective deterrent to property owners by the establishment of an escalating fine structure while funding future abatements; second, it will change the abatement process from a staff driven action to a court order; and third it will remove the City Council as an appellate body and utilize the Municipal Court. This will ensure that the due process rights of the property owner
Page 4 of 5 are more fully observed. In addition, an administrative guideline was adopted by the City Manager and Police Chief regarding the time permitted for the voluntary clean up of nuisances. The Neighborhood Service Officers will determine the appropriate time line for clean up but it is not to exceed 30 days unless approved by their supervisor, but in no circumstance shall the responsible party be given more than 60 days for compliance. Failure to comply will result in a citation being issued. The Council does not need to take any action regarding the administrative time line guideline. Staff recommends the adoption of all three ordinances by three separate motions. b. Change Order No. 2 to Roadway Electric LLC for the Traffic Signals at Airway Ave. and Hualapai Mountain Road, Engineering contract ENG10-016. Change Order No. 2 for the installation of two additional signal heads at the Airway Ave. and North Yavapai intersection. These changes were requested by the Council. This change order includes the following items: All materials, equipment, and labor necessary to install two additional signal heads. Roadway Electric LLC has requested a net change in the amount of $ 3,723.38 and an additional time of 57 calendar days to the contract to secure and install materials for this change order scope of work. The net increase of $3,723.38 to the Contract total will be paid from Transportation Impact Fees. Staff recommends approval. c. Fund Balance and Preliminary Budget Update Several discussion points came up during the recent Capital Improvements Plan Workshop that merit further deliberation prior to the preliminary budget workshop scheduled next month, and a recent request was received to discuss the City s fund balances. Staff has provided a spreadsheet detailing the City s fund balances as categorized in the City s Comprehensive Annual Financial Report. This analysis shows the general fund balance at the end of June 30, 2010 to be $8.855 million; the HURF fund balance at $329,125; and so on by fund. The general fund balance needs to remain at or above 25% of expenditures. Due to the nature of the City s revenue structure (sales tax based with no primary property tax), our fund balance reserve ratios have served us well in protecting the City s excellent bond rating and overall financial integrity. All other fund balances maintained by the City are designated for specific types of uses and may not be used for general operations; for example, water revenues must be used for water operations and maintenance or improvements to our water system; Colorado River Water revenue must be used for new water resources; wastewater revenues must be used to pay for operations, maintenance and debt service for the City s wastewater system, etc. And in regard to the wastewater system fund balance, the City is required by loan covenants to fund reserve requirements on an annual basis thru January 2016 and then begin to fund a repair and replacement reserve from that date forward throughout the term of the loan. Staff recommends Council discuss these items and provide direction if so desired. 6. NEW BUSINESS No New Business 7. ANNOUNCEMENTS BY MAYOR, COUNCIL MEMBERS, CITY MANAGER If needed
8. EXECUTIVE SESSION Regular Meeting Page 5 of 5 The City Attorney requests that the City Council go into executive session pursuant to ARS 38-431.03(A)(4) 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. The City Attorney is requesting direction regarding the litigation involving Lamar Advertising. ADJOURNMENT Posted by