City Council Meeting

City of Yuma City Council Meeting Agenda Yuma City Hall, One City Plaza, Yuma, Arizona Wednesday, February 18, 2015 5:30 PM Yuma City Hall Council Chambers CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL FINAL CALL Final call for submission of Speaker Request Forms for agenda related items. PRESENTATIONS Swearing in of Police Officers I. MOTION CONSENT AGENDA All items listed on the Motion Consent Agenda will be considered and enacted with one motion. There will be no separate discussion of these items unless a Councilmember so requests. In which event, the item will be removed from the Motion Consent Agenda and the vote or action will be taken separately. A. Approval of minutes of the following City Council meeting(s): MC 2015-029 Regular City Council Meeting Draft MInutes June 18, 2014 Attachments: 2014_06_18_RCM_minutes.doc MC 2015-030 Regular City Council Meeting Draft Minutes October 1, 2014 Attachments: 2014_10_01_RCM_minutes.doc MC 2015-031 Special City Council Worksession/Roundtable Draft Minutes October 7, 2014 Attachments: 2014_10_07_SWS_minutes.doc City of Yuma Page 1 Printed on 2/12/2015 City Council Meeting Agenda February 18, 2015 MC 2015-032 Special City Council Worksession/Retreat Draft Minutes January 20, 2015 Attachments: 2015_01_20_SWS-Retreat_minutes.doc B. Approval of staff recommendations: 1. MC 2015-000 Executive Sessions Executive Sessions may be held at the next regularly scheduled Special Worksession, Regular Worksession and City Council Meeting for personnel, legal, litigation and real estate matters pursuant to A.R.S. § 38-431.03 Section A (1), (3), (4), and (7). (City Attorney) 2. MC 2015-025 Special Event Liquor License: Officers' Spouses' Club of MCAS Yuma - Semper Fi Spring Benefit Approve a Special Event Liquor License application submitted by Diana Griffin Phillips, on behalf of the Officers' Spouses' Club of MCAS Yuma, for the Semper Fi Spring Benefit. The benefit will be held at the Million Air FBO located at 3681 S. Burch Way, on Saturday, March 14, 2015 from 7:00 p.m. to 11:00 p.m. (SP15-13) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA SP15-13 OSC (Spring Benefit).doc 3. MC 2015-026 Special Event Liquor License: B.R.A.G. Inc - Nortenos Against Bullying Approve a Special Event Liquor License application submitted by Carlos A. Flores, on behalf of the B.R.A.G. Inc., for the Nortenos Against Bullying event. The event will be held at the Golden Roadrunners Ballroom located at 274 S. Main Street, on Friday, March 20, 2015 from 8:00 p.m. to 2:00 a.m. (SP15-14) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA SP15-14 BRAG (Nortenos Against Bullying).doc City of Yuma Page 2 Printed on 2/12/2015 City Council Meeting Agenda February 18, 2015 4. MC 2015-027 Request for Proposal (RFP): Professional Environmental Services Authorize City Administrator to negotiate and execute one-year contract with the option to renew for four additional one-year periods, one period at a time, depending on the appropriation of funds and satisfactory performance, for Professional Environmental Services to the following firms: 1. Nicklaus Engineering, Inc. Yuma, Arizona 2. Ninyo & Moore Phoenix, Arizona 3. Terracon Consultants Tempe, Arizona (Engineering - RFP # 2015-20000086) (Joel Olea) Attachments: 1. RFCCA RFP Environmental Services.doc 2. SUP DOC RFP Environmental Services 5. MC 2015-028 Intergovernmental Agreement: Arizona Internet Crimes Against Children Task Force Authorize the City Administrator, or his designee, to execute an intergovernmental agreement with City of Phoenix regarding the Arizona Internet Crimes Against Children (ICAC) Task Force and award grant monies totalling $5,000.00. Attachments: 1. RFCCA IGA ICAC 2. AGMT IGA ICAC City of Yuma Page 3 Printed on 2/12/2015 City Council Meeting Agenda February 18, 2015 II. RESOLUTION CONSENT AGENDA All items listed on the Resolution Consent Agenda will be considered and enacted with one motion. There will be no separate discussion of these items unless a City Councilmember so requests or a Speaker Request Form has been submitted. In which event, the item will be removed from the Resolution Consent Agenda and the vote or action will be taken separately. 1. RES R2015-006 Development Agreement Amendment: Yuma Regional Medical Center Amend a development agreement with Yuma Regional Medical Center (YRMC) to approve a sign package for the new Cancer Center. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA YRMC Signs 2. RES YRMC Signs 3. AGMT YRMC Signs III. ADOPTION OF ORDINANCES CONSENT AGENDA All items listed on the Ordinances Consent Agenda will be considered and enacted with one motion. There will be no separate discussion of these items unless a City Councilmember so requests or a Speaker Request Form has been submitted. In which event, the item will be removed from the Ordinance Consent Agenda and the vote or action will be taken separately. ORD O2015-006 2013 Amendments to the Tax Code of the City of Yuma Adopt the "2013 Amendments to the Tax Code of the City of Yuma", which were declared a public record by Resolution R2015-01 at the Regular City Council Meeting on January 7, 2015. (Finance/Administration) (Pat Wicks) Attachments: 1. RFCCA Tax Code Ordinance2013.doc ORD. Tax Code Ordinance 2013 City of Yuma Page 4 Printed on 2/12/2015 City Council Meeting Agenda February 18, 2015 ORD O2015-007 Rezoning of Property: Approximately .49 acres located on 17th Street, between 1st Avenue and 3rd Avenue Approve the rezone of .49 acres from the Light Industrial (L-I) District to the General Commercial (B-2) District. The property is located on 17th Street, between 1st Avenue and 3rd Avenue (ZONE-7868-2014). (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezone of Property 17th Street.doc 2. P&Z RPT Rezone of Property 17th Street 3. ORD Rezone of Property 17th Street ORD O2015-008 Rezoning of Property: Multiple properties along 5th Avenue between 15th Street and 17th Street and along 16th Street from 4th Avenue to 6th Avenue Rezone approximately 2.71 acres from the Transitional (TR) District and the Limited Commercial (B-1) Districts to the General Commercial (B-2) District. The properties are located along 5th Avenue between 15th Street and 17th Street and along 16th Street from 4th Avenue to 6th Avenue (ZONE-7624-2014). (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezoning Multiple Properties 2.71acres 2. P&Z Rezoning Multiple Properties 2.71 acres 3. ORD Rezoning Multiple Properties 2.71 acres IV. INTRODUCTION OF ORDINANCES The following ordinance(s) is presented to the City Council for introduction. No vote or action by the City Council is necessary. However, the City Council may, at its option, vote or take action where appropriate. Ordinances given introduction are generally presented to the City Council for adoption at the next Regular City Council meeting. 1. ORD O2015-009 Amend City Code: Prohibit Aggressive Solicitation Attachments: 1. RFCCA Amend City Code Aggressive Solicitation 2. ORD Amend City Code Aggressive Solicitation City of Yuma Page 5 Printed on 2/12/2015 City Council Meeting Agenda February 18, 2015 2. ORD O2015-010 Amend City Code: Crossing or Stopping in a Roadway Amend Yuma City Code, Title 11, by repealing and replacing Section 211-46 with a prohibition against crossing or stopping in a roadway. (S. Moore/ J. Lekan) Attachments: 1. RFCCA 211-46 Crossing or Stopping in Roadway 2. ORD 211-46 Crossing or Stopping in Roadway 3. ORD O2015-011 Real Property Acquisition/Exchange: PMG Partnership, L.L.C. Authorize the acquisition of real property owned by PMG Partnership, L.L.C., in the vicinity of the northeast corner of 16th Street and 4th Avenue, in exchange for adjacent, remnant real property owned by the City of Yuma, and in the alternative, by purchase or eminent domain. (Ricky Rinehart) Attachments: 1. RFCCA PMG Real Property Acquisition/Exchange 2. ORD PMG Exchange 4. ORD O2015-012 Rezoning of Property: Approximately 1.4 acres located on the southwest corner of 1st Avenue and 17th Street Approve the rezone of 1.4 acres from the Light Industrial (L-I) District to the General Commercial (B-2) District. The property is located on the southwest corner of 1st Avenue and 17th Street (ZONE-7938-2014). Attachments: 1. RFCCA Rezoning of Property: 1st "Ave & 17th Street 2. P&Z RPT Rezoning of Property: 1st Ave & 17th Street 3. ORD Rezoning of Property: 1st Ave & 17th Street V. PUBLIC HEARING AND RELATED ITEMS FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. City of Yuma Page 6 Printed on 2/12/2015 City Council Meeting Agenda February 18, 2015 VI. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. Appointments: A.) Housing Authority of the City of Yuma: One re-appointment expiring 12/31/2019 B.) Library Board of Trustees: One re-appointment expiring 6/30/2018 C.) Planning and Zoning Commission: One appointment expiring 12/31/2019 2. Announcements: City Council report on meetings/events attended – City Council report on issues discussed in meetings/events attended by a City Council representative in their official capacity as the City’s representative during the period of February 5, 2015 through February 18, 2015. City Council questions regarding the update must be limited solely for clarification purposes. If further discussion is warranted, the issue will be added to a future agenda for a detailed briefing. City Council report of upcoming meetings. City Council request for agenda items to be placed on future agendas. 3. Scheduling: Motion to schedule future City Council meetings pursuant to Arizona Revised Statutes Section 38-431.02 and the Yuma City Code, Chapter 30. VII. SUMMARY OF CURRENT EVENTS This is the City Administrator’s opportunity to give notice to the City Council of current events impacting the City. Comments are intended to be informational only and no discussion, deliberation or decision will occur on this item. VIII. CALL TO THE PUBLIC Members of the public may address the City Council on matters that are not listed on the City Council agenda. The City Council cannot discuss or take legal action on any matter raised unless it is properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual members of the City Council may respond to criticism made by those who have addressed the City Council, may ask staff to review a matter or may ask that a matter be placed on a future agenda. All City Council meetings are recorded and videotaped. City of Yuma Page 7 Printed on 2/12/2015 City Council Meeting Agenda February 18, 2015 IX. EXECUTIVE SESSION An Executive Session may be called during the public meeting for the purpose of receiving legal advice for items on this agenda pursuant to A.R.S. Section 38-431.03 A (3 and/or 4) and the following items: 1. Discussion, consultation with and/or instruction to legal counsel, regarding Evangelista claim. (A.R.S. 38-431.03 A3, A4 and A7) 2. Discussion, consultation with and/or instruction to legal counsel, regarding the following legal matters: (A.R.S. 38-431.03 A3, A4 and A7)  Munger v. Trabue (COY)  Chelius v. Small (COY)  Farar, et al v. COY  Dyer v. COY  Avenue 6E Investments v. COY  Esquivel v. Carrillo (COY)  Twite v. Almodova (COY)  COY v. Atlas Investments, et al  COY v. John T. Kretzer, et al  COY v. PKC Enterprises, et al  LaMarche Claim  Armendariz Claims  Smith Claim  Young Claim ADJOURNMENT In accordance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, the City of Yuma does not discriminate on the basis of disability in the admission of or access to, or treatment or employment in, its programs, activities, or services. For information regarding rights and provisions of the ADA or Section 504, or to request reasonable accommodations for participation in City programs, activities, or services contact: ADA/Section 504 Coordinator, City of Yuma Human Resources Department, One City Plaza, Yuma, AZ 85364-1436; (928) 373-5125 or TTY (928) 373-5149. City of Yuma Page 8 Printed on 2/12/2015