City Council Meeting

City of Yuma City Council Meeting Agenda Yuma City Hall, One City Plaza, Yuma, Arizona Wednesday, March 4, 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 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): 1. MC 2015-039 Regular City Council Meeting Draft Minutes October 15, 2014 Attachments: 2014_10_15_RCM_minutes.doc 2. MC 2015-040 Special Worksession/Roundtable Draft Minutes October 21, 2014 Attachments: 2014_10_21_SWS_minutes.doc 3. MC 2015-041 City Council Citizen's Forum Draft Minutes November 18, 2014 Attachments: 2014_11_18_CF_minutes.doc City of Yuma Page 1 Printed on 2/26/2015 City Council Meeting Agenda March 4, 2015 4. MC 2015-042 City Council Citizen's Forum Draft Minutes December 2, 2014 Attachments: 2014_12_02_CF_minutes.doc 5. MC 2015-043 City Council Citizen's Forum Draft Minutes December 16, 2014 Attachments: 2014_12_16_CF_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 2015-033 Liquor License: Tropicana Approve a Person/Location Transfer #6 Bar, Liquor License application, submitted by Nathan Heida, agent for NKC LLC dba Tropicana, located at 185 S. Main Street, Yuma, Arizona. (LL15-02) (City Administration/City Clerk) (Lynda Bushong) Attachments: 1. RFCCA LL15-02 Tropicana.doc 3. MC 2015-034 Special Event Liquor License: Fort Yuma Rotary Club, Inc. - Arizona Supreme Court Reception Approve a Special Event Liquor License application submitted by Xanthi Panos, on behalf of the Fort Yuma Rotary Club, Inc., for the Arizona Supreme Court Reception. The reception will be held at the Quartermaster Depot, located at 201 N. 4th Avenue, on Monday, March 23, 2015 from 5:00 p.m. to 9:00 p.m. (SP15-16) (City Administration/City Clerk) (Lynda Bushong) Attachments: 1. RFCCA SP15-16 Fort Yuma (AZ Supreme Court Reception).doc City of Yuma Page 2 Printed on 2/26/2015 City Council Meeting Agenda March 4, 2015 4. MC 2015-035 Special Event Liquor License: Yuma Fine Arts Association - pARTy in the Park Approve a Special Event Liquor License application submitted by David L. Woodward, on behalf of the Yuma Arts Association, for the pARTy in the Park event. The event will be held at Gateway Park, located at 259 N. Gila Street, on Saturday, March 28, 2015 from 10:00 a.m. to 6:00 p.m. (SP15-17) (City Administration/City Clerk) (Lynda Bushong) Attachments: 1. RFCCA SP15-17 YFAA (Party in the Park) 5. MC 2015-037 Special Event Liquor License: Fort Yuma Rotary Club Inc. - Music on Main - Fire Muster Approve a Special Event Liquor License application submitted by Xanthi Panos, on behalf of the Fort Yuma Rotary Club Inc., for the Music on Main - Fire Muster event. The event will be held in Downtown Yuma, in the 100 block through the 300 block of South Main Street, on Saturday, March 28, 2015 from 10:00 a.m. to 5:00 p.m. (SP15-18) (City Administration/City Clerk) (Lynda Bushong) Attachments: 1. SP15-18 RFCCA Fort Yuma (Music on Main).doc 6. MC 2015-036 Infrastructure & Services Report: ANEX-7505-2014 Ranchos el Toreo Approve an Infrastructure and Services Report for Annexation Area No. ANEX-7505-2014, identified as the Ranchos el Toreo Annexation, located at the southwest corner of 36th Street and Avenue 10E. (Community Development/ Community Planning) (Laurie Lineberry) Attachments: 1. ANEX-7505-2014 Ranchos el Toreo RFCCA Infra Report.doc 7. MC 2015-038 Agreement: OneGoal LLC Authorize the City Administrator or his designee to execute an agreement with OneGoal LLC to convert and use Desert Sun Stadium for a soccer league. (Parks and Recreation/Administration) (Debbie Wendt) Attachments: 1. RFCCA-OneGoal Desert Sun Stadium.doc 2. AGR OneGoal - Desert Sun Stadium.pdf City of Yuma Page 3 Printed on 2/26/2015 City Council Meeting Agenda March 4, 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 R2015-005 Preannexation Development Agreement: Iglesia Betania of the Assemblies of God Authorize a Preannexation Development Agreement with Iglesia Betania of the Assemblies of God, an Arizona non-profit corporation, for property located at 3615 W. 8th Street. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA PDA Iglesia Betania 2. RES PDA Iglesia Betania 3. AGR.PDA Iglesia Betania 2. RES R2015-007 Development Fee Deferral: Yuma's Desert Oasis Development, LLC Approve a Development Agreement request with Yuma’s Desert Oasis Development, LLC, permitting the deferral of City of Yuma Development Fees and Sewer Capacity Charges for properties located in Desert Oasis Unit No. 2 Subdivision. (Public Works/Engineering) (Joshua Scott) Attachments: 1. RFCCA Yuma's Desert Oasis Development LLC.doc 2. MAP Dev Fee Deferral Desert Oasis 3. RES Dev Fee Deferral Desert Oasis 4. AGMT Dev Fee Deferral Desert Oasis City of Yuma Page 4 Printed on 2/26/2015 City Council Meeting Agenda March 4, 2015 3. RES R2015-008 Amended and Restated Intergovernmental Agreement: Yuma County Flood Control District Authorize the City Administrator to execute an Amended and Restated Intergovernmental Agreement for Design, Construction, Construction Management and Operation and Maintenance of the Smucker Park Retention Basin and the Smucker Park Dam (Amended and Restated IGA) with the Yuma County Flood Control District (District). (Public Works/Engineering) (Joshua Scott) Attachments: 1. RFCCA Smucker Basin IGA Amendment 2. MAP Smucker Basin IGA Amendment 3. RES Smucker Park IGA Amendment 4. AGMT Smucker Basin IGA Amendment 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. 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 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 City of Yuma Page 5 Printed on 2/26/2015 City Council Meeting Agenda March 4, 2015 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. (Administration) (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). (Community Development/Community Planning) (Laurie Lineberry) 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 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 O2015-013 City Code Text Amendment: Title 11 - False Alarms Amend the Yuma City Code, Title 11 General Offenses, Chapter 111, Section 02 (YCC § 11-02) for False Alarms. (Police/Support Services) (John Lekan) Attachments: 1. RFCCA Title 11 False Alarms 2. ORD Title 11 False Alarms City of Yuma Page 6 Printed on 2/26/2015 City Council Meeting Agenda March 4, 2015 2. ORD O2015-014 Annexation Area No. ANEX-7505-2014: Ranchos el Toreo Authorize annexation of property generally located at the southwest corner of 36th Street and Avenue 10E. (ANEX-7505-2014). (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA ANEX-7505-2014 Ranchos el Toreo RFCCA Introduction.DOC 2. Blank Petition ANEX-7505-2014 Ranchos el Toreo Blank Petition 3. ORD ANEX-7505-2014 Ranchos el Toreo 4. ANEX-7505-2014 Ranchos el Toreo Map.pdf 3. ORD O2015-015 Ordinance Amendment: Ordinance O2015-03 Amend Ordinance No. O2015-03 to change its effective date from March 1, 2015 to May 1, 2015. (Finance) (Pat Wicks) Attachments: 1. RFCCA Amend O2015-03 2% to DOR 2. ORD Amend O2015-03 2% to DOR 4. ORD O2015-017 Ordinance: Real Property Exchange Declare two parcels of vacant, City-owned real property surplus, and authorize an exchange of the surplus property for 16th Street right-of-way subject to a separate City Council resolution authorizing the terms and conditions of the exchange through a Real Property Exchange and Pre-annexation Development Agreement. (Public Works/Engineering) (Joshua Scott) Attachments: 1. RFCCA Surplus Property Best Block 2. Map Surplus Property Best Block and Pipe 3. ORD Surplus Property Best Block and Pipe V. PUBLIC HEARINGS AND RELATED ITEMS There are no public hearings scheduled at this time. City of Yuma Page 7 Printed on 2/26/2015 City Council Meeting Agenda March 4, 2015 VI. 16TH STREET AND 4TH AVENUE REDEVELOPMENT AREA The following discussion may result in the Introduction of Ordinance O2015-016. 1. ORD O2015-016 Land and Improvements Lease: Zee Tacos LLC Accept conveyance of title to real property and improvements from Zee Tacos L.L.C. and authorize an eight-year land and improvements lease back to Zee Tacos L.L.C. pursuant to Arizona Revised Statutes (A.R.S.) § 42-6209. Subsection C of the statute requires that such a lease "must be approved by a simple majority vote of the governing body without the use of a consent calendar." (Administration) (Ricky Rinehart) Attachments: 1. RFCCA Zee Tacos GPLET Lease 2. ORD Zee Tacos GPLET Lease.doc 3. SUPP DOC Zee Tacos GPLET Lease FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. VII. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. Appointments: a. Housing Authority of the City of Yuma: Appointment of Chair and Vice Chair 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 19, 2015 through March 4, 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. City of Yuma Page 8 Printed on 2/26/2015 City Council Meeting Agenda March 4, 2015 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. VIII. 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. IX. 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. X. 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. There are no items scheduled at this time. 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 9 Printed on 2/26/2015