City Council Meeting

City of Yuma City Council Meeting Agenda Yuma City Hall, One City Plaza, Yuma, Arizona Wednesday, April 15, 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 SERVICE INTO THE NEXT CENTURY: Presentation by Mayor Nicholls and City Administrator Greg Wilkinson followed by discussion and/or questions from City Council. 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 2015-077 City Council Citizen's Forum Draft Minutes February 3, 2015 Attachments: 2015_02_03_CF_minutes.doc 2. MC 2015-078 Regular City Council Worksession Draft Minutes February 3, 2015 Attachments: 2015_02_03_RWS_minutes.doc 3. MC 2015-079 Special City Council Meeting Draft Minutes March 26, 2015 Attachments: 2015_03_26_SCM_minutes.doc City of Yuma Page 1 Printed on 4/9/2015 City Council Meeting Agenda April 15, 2015 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 2015-059 Liquor License: Giant Store #635 Approve an Interim Permit/New License #10 Beer and Wine Store, Liquor License application, submitted by Roger Kenneth Burton, agent for Western Refining Retail, LLC dba Giant Store #635, located at 2830 S. Pacific Avenue, Yuma, Arizona. (LL15-03) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: LL15-03 RFCCA Giant Store 635.doc 3. MC 2015-060 Liquor License: Giant Store #637 Approve an Interim Permit/New License #10 Beer and Wine Store, Liquor License application, submitted by Roger Kenneth Burton, agent for Western Refining Retail, LLC dba Giant Store #637, located at 895 S. 4th Avenue, Yuma, Arizona. (LL15-04) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: LL15-04 RFCCA Giant Store 637.doc 4. MC 2015-061 Liquor License: Giant Store #638 Approve an Interim Permit/New License #10 Beer and Wine Store, Liquor License application, submitted by Roger Kenneth Burton, agent for Western Refining Retail, LLC dba Giant Store #638, located at 2900 S. 4th Avenue, Yuma, Arizona. (LL15-05) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: LL15-05 RFCCA Giant Store 638.doc City of Yuma Page 2 Printed on 4/9/2015 City Council Meeting Agenda April 15, 2015 5. MC 2015-062 Liquor License: Giant Store #639 Approve an Interim Permit/New License #10 Beer and Wine Store, Liquor License application, submitted by Roger Kenneth Burton, agent for Western Refining Retail, LLC dba Giant Store #639, located at 2381 S. Avenue B, Yuma, Arizona. (LL15-06) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: LL15-06 RFCCA Giant Store 639.doc 6. MC 2015-063 Liquor License: Giant Store #640 Approve an Interim Permit/New License #10 Beer and Wine Store, Liquor License application, submitted by Roger Kenneth Burton, agent for Western Refining Retail, LLC dba Giant Store #640, located at 351 E. 16th Street, Yuma, Arizona. (LL15-07) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: LL15-07 RFCCA Giant Store 640.doc 7. MC 2015-064 Liquor License: Eddie's Grill Approve a New License #12 Restaurant, Liquor License application, submitted by Jared Michael Repinski, agent for Eddie's Grill L.L.C. dba Eddie's Grill, located at 2970 S. 4th Avenue, Yuma, Arizona. (LL15-08) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: LL15-08 RFCCA Eddies Grill.doc 8. MC 2015-065 Special Event Liquor License: Yuma Jaycees, Inc. - Soccer Game Approve a Special Event Liquor License application submitted by Alyson Hinley, on behalf of the Yuma Jaycees, Inc., for the Soccer Game on May 16, 2015. The game will be held at Desert Sun Stadium, located at 1280 W. Desert Sun Drive, on Saturday, May 16, 2015 from 5:00 p.m. to 11:00 p.m. (SP15-25) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: SP15-25 RFCCA Jaycees (SoccerGameMay16).doc City of Yuma Page 3 Printed on 4/9/2015 City Council Meeting Agenda April 15, 2015 9. MC 2015-066 Special Event Liquor License: Spartans F.C. Inc. - Soccer Game Approve a Special Event Liquor License application submitted by Jamie Nicewander, on behalf of the Spartan F.C. Inc., for the Soccer Game on May 2, 2015. The game will be held at Desert Sun Stadium, located at 1280 W. Desert Sun Drive, on Saturday, May 2, 2015 from 12:00 p.m. to 12:00 a.m. (SP15-27) (City Adminstration/City Clerk) (Lynda L. Bushong) Attachments: SP15-27 RFCCA Spartans (SoccerGameMay2).doc 10. MC 2015-067 Special Event Liquor License: Spartans F.C. Inc. - Soccer Game Approve a Special Event Liquor License application submitted by Jamie Nicewander, on behalf of the Spartan F.C. Inc., for the Soccer Game on May 9, 2015. The game will be held at Desert Sun Stadium, located at 1280 W. Desert Sun Drive, on Saturday, May 9, 2015 from 12:00 p.m. to 12:00 a.m. (SP15-28) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: SP15-28 RFCCA Spartans (SoccerGameMay9).doc 11. MC 2015-068 Special Event Liquor License: Regional Center for Border Health, Inc. - Cowboys vs Cancer Approve a Special Event Liquor License application submitted by Amanda Aguirre, on behalf of the Regional Center for Border Health, Inc., for the Cowboys vs Cancer event. The event will be held in the parking lot of Sage & Sand, located at 2500 S. 4th Avenue, on Sunday, May 17, 2015 from 3:00 p.m. to 7:00 p.m. (SP15-35) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: SP15-35 RFCCA RCBH (Cowboys vs Cancer).doc 12. MC 2015-069 Special Event Liquor License: S.P.O.R.T.S. Inc. - Cinco de Mayo Menos Cuatro Approve a Special Event Liquor License application submitted by Cathy C. Reeves, on behalf of S.P.O.R.T.S. Inc., for the Cinco de Mayo Menos Cuatro event. The event will be held in Downtown Yuma, in the 100 block through the 300 block of South Main Street, on Friday, May 1, 2014 from 6:00 p.m. to 11:00 p.m. (SP15-36) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: SP15-36 RFCCA SPORTS (Cinco de Mayo).doc City of Yuma Page 4 Printed on 4/9/2015 City Council Meeting Agenda April 15, 2015 13. MC 2015-072 Special Event Liquor License: Yuma Foothills Rotary - Paint the Town Red Approve a Special Event Liquor License application submitted by Angela L. Mitchell, on behalf of the Yuma Foothills Rotary, for the Paint the Town Red event. The event will be held at the Gowan Building, located at 370 S. Main Street, on Friday, May 1, 2015 from 5:30 p.m. to 11:00 p.m. (SP15-26) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: SP15-26 RFCCA Foothills Rotary (Paint the Town Red).doc 14. MC 2015-073 Special Event Liquor License: Immaculate Conception Church - Mother's Day Dinner/Auction/Dance Approve a Special Event Liquor License application submitted by Oscar Frank Chavez, on behalf of the Immaculate Conception Church, for the Mother's Day Dinner/Auction/Dance. The event will be held in the St. Ann's Hall at the Immaculate Conception Church, located at 501 S. Avenue B, on Saturday, May 9, 2015 from 6:00 p.m. to 12:00 a.m. (SP15-24) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: SP15-24 RFCCA ICC (Mothers Day).doc 15. MC 2015-074 Special Event Liquor License: Yuma County Democrats - Spring Fling Approve a Special Event Liquor License application submitted by Lenore L. Stuart, on behalf of the Yuma County Democrats, for the Spring Fling event. The event will be held at the Gowan Building, located at 370 S. Main Street, on Friday, April 24, 2015 from 4:00 p.m. to 10:00 p.m. (SP15-23) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: SP15-23 RFCCA YCD (Spring Fling).doc City of Yuma Page 5 Printed on 4/9/2015 City Council Meeting Agenda April 15, 2015 16. MC 2015-075 Special Event Liquor License: Humane Society of Yuma, Inc. - Fur Ball Approve a Special Event Liquor License application submitted by Cristyn E. Weil, on behalf of the Humane Society of Yuma, Inc., for the Fur Ball: Annual Black-Tie Dinner/Auction. The fundraiser event will be held at the Arizona Western College Conference Center located at 2020 S. Avenue 8E, on Saturday, September 19, 2015 from 5:00 p.m. to 12:00 a.m. (SP15-22) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: SP15-22 RFCCA HSOY (Fur Ball).doc 17. MC 2015-070 Permanent Extension of Premises: Prison Hill Brewing Approve an application for a Permanent Extension of Premises/Patio Liquor License Permit submitted by Nathan Kyle Heida, agent for Prison Hill Brewing, located at 278 S. Main Street, Yuma, Arizona. (EP15-01) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: EP15-01 RFCCA Prison Hill Brewing.doc 18. MC 2015-071 Grant Award: Governor's Office of Highway Safety Authorize the City Administrator or his designee to execute a contract with the Arizona Governor's Office of Highway Safety for highway safety projects in accordance with Arizona's Federal Fiscal Year 2014-2015 Highway Safety Plan. (Police/Patrol) (John Lekan) Attachments: 1. RFCCA GOHS for Motors 2. AGMT GOHS Motor Agreement City of Yuma Page 6 Printed on 4/9/2015 City Council Meeting Agenda April 15, 2015 19. MC 2015-076 Commemorative Street Naming Approve the following four names for commemorative street naming: Sergeant Bradley Atwell, U.S. Marine Corps; Lieutenant Colonel Christopher Raible, U.S. Marine Corps; Lieutenant Daniel Elkins, Yuma Police Department; Officer Gary Maas, Yuma Police Department. (City Administration) (Greg Wilkinson) Attachments: 1. Commemorative Street Names RFCCA.doc 2. Commemorative Street Names DIAGRAM.pdf 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. There are no resolutions scheduled for adoption at this time. 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. O2015-019 City Code Text Amendment: Title 21, Chapter 213 -- Bicycles Amend Yuma City Code, Title 21, Chapter 213, Sections 01, 05, 06, 07, 08, 09, 10, and 11, and add sections 14 and 15 related to regulating bicycling on sidewalks and against the flow of traffic. (Police/Support Services) (John Lekan) Attachments: 1. RFCCA Amendment to City Code: Bicycles 2. ORD Amendment to City Code: Bicycles City of Yuma Page 7 Printed on 4/9/2015 City Council Meeting Agenda April 15, 2015 2. O2015-021 Zoning Code Text Amendment: Community Gardens Amend Title 15, Chapter 154 to provide a definition of Community Garden and to include Community Garden as a permitted use within certain residential, commercial and industrial zoning districts. (ZONE-8343-2015) (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA ZONE-8343-2015-Community Gardens 2. P&Z RPT ZONE-8343-2015-Community Gardens 3. ORD ZONE-8343-2015-Community Gardens 3. O2015-022 Zoning Code Text Amendment: Service-based Uses in Light Industrial (L-I) District Amend Title 15, Chapter 154, Section 09.02 to permit a variety of specific service-based uses as principal uses, permit a limited amount of retail as an accessory use, and clarify the distance requirement between industrial uses and residential uses and districts, in the Light Industrial District (L-I). (ZONE-8402-2015) (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA ZONE-8402-2015-Service-Based Uses 2. P&Z RPT ZONE-8402-2015-Service-Based Uses (L-I) 3. ORD ZONE-8402-2015-Service-Based Uses (L-I) 4. O2015-023 Zoning Code Text Amendment: Amend Title 15, Chapter 154 of the Yuma City Code relating to operation of the Planning and Zoning Commission and the Official Plan and the City Plan Amend various sections of the Yuma City Code, Title 15, Chapter 154, Section 02.01 (YCC § 154-02.01) pertaining to operation of the City Planning and Zoning Commission and Sections 04.03 and 04.04 (YCC §§ 154-04.03 and 154-04.04) pertaining to the Official Plan and City Plan. (City Administration) (Ricky Rinehart) Attachments: 1. RFCCA Zoning Code Text Amendment RFCCA.doc 2. P&Z RPT Zoning Code Text Amendment 3. ORD Zoning Code Text Amendment.doc City of Yuma Page 8 Printed on 4/9/2015 City Council Meeting Agenda April 15, 2015 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. O2015-020 2014 Amendments to the Tax Code of the City of Yuma Adopt the "2014 Amendments to the Tax Code of the City of Yuma", which were declared a public record by Resolution R2015-014 at the Regular City Council Meeting on April 1, 2015. (Finance/Administration) (Pat Wicks) Attachments: 1. RFCCA 2014 Amendments to Tax Code 3. ORD 2014 Amendments to Tax Code 2. O2015-024 Real Property Acquisition and Conveyance: Beeler Equipment Company, Inc. Authorize the acquisition of real property owned by Beeler Equipment Company, Inc., at the southwest corner of 4th Avenue and 14th Place through an exchange of an easement on surplus City property, construction of a driveway and paving of a parking lot, or in the alternative, through eminent domain. (Public Works/Engineering) (Joshua Scott) Attachments: 1. RFCCA Beeler Equipment Property Acquisition 2. ORD Beeler Equipment Property Acquisition 3. Exh. D Beeler Equipment Property Acquisition 3. O2015-025 Lease: Sternco Engineers, Inc. Authorize the City Administrator to execute a lease with Sternco Engineers, Inc. for the improvement and use of approximately 446 square feet of vacant City property. (City Administration) (Ricky Rinehart) Attachments: 1. RFCCA Sternco Drake Hotel Lease 2. ORD Sternco Drake Hotel Lease 3. LEASE Sternco Drake Hotel V. PUBLIC HEARING AND RELATED ITEMS There are no public hearing scheduled at this time. City of Yuma Page 9 Printed on 4/9/2015 City Council Meeting Agenda April 15, 2015 FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. VI. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. Appointments: A. Parks, Arts, and Recreation Commission: One unexpired term expiring 12/31/2015 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 4/2/2015 through 4/15/2015. 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 10 Printed on 4/9/2015 City Council Meeting Agenda April 15, 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 (1, 3, 4 and/or 7) and the following items: A. Discussion, consultation with and/or instruction from counsel regarding the Arizona Court of Appeals decision in City of Tucson v. State related to Consolidated Elections. (ARS 38-431.03 A3 and A4) B. Discussion, consultation with and/or instruction to legal counsel, regarding the following legal matters: (ARS 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. Clark, et al  COY v. Torres, et al  COY v. Medina-Tapia, 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 11 Printed on 4/9/2015