City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, June 17, 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 2015-112 Regular City Council Draft Minutes November 19, 2014 Attachments: 1. 2014_11_19_RCM_minutes.doc 2. MC 2015-113 Regular City Council Meeting Draft Minutes December 3, 2014 Attachments: 1. 2014_12_03_RCM_minutes.doc 3. MC 2015-114 Regular City Council Meeting Draft Minutes December 17, 2014 Attachments: 1. 2014_12_17_RCM_ minutes.docx City of Yuma Page 1 Printed on 6/12/2015 City Council Meeting Agenda June 17, 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 2015-106 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 Spartans F.C. Inc., for a Soccer Game scheduled for Wednesday, July 29, 2015, from 12:00 p.m. to 12:00 a.m. The game will be held at Desert Sun Stadium, located at 1280 W. Desert Sun Drive. (SP15-29) (City Administration/City Clerk) (Lynda Bushong) Attachments: 1. SP15-29 Spartans (Soccer Game) RFCCA 3. MC 2015-107 Ratification: Professional Design Services Ratify the Professional Design Services contract with Leathers and Associates, Inc. to rebuild the Stewart Vincent Wolf Creative Playground. (Administration #2015-20000159) (Ricky Rinehart) Attachments: 1. RFCCA Ratification for Professional Design Services Leathers & Assoc. 2. CONTRACT Ratification for Professional Design Services Leathers & Assoc. 4. MC 2015-108 Disbursal of Gaming Proceeds from Cocopah Indian Tribe Authorize the City Administrator to execute grant agreements with various local non-profit agencies to distribute gaming proceeds received from the Cocopah Indian Tribe's casino operations. (Administration) (Ricky Rinehart) Attachments: 1. RFCCA Disbursal of Gaming Proceeds: Cocopah Indian Tribe City of Yuma Page 2 Printed on 6/12/2015 City Council Meeting Agenda June 17, 2015 5. MC 2015-109 Intergovernmental Agreement: Arizona Department of Revenue Approve an intergovernmental agreement between the City of Yuma and the Arizona Department of Revenue regarding the uniform administration, licensing, collection, and auditing of transaction privilege tax, use tax, severance tax, jet fuel excise and use tax and rental occupancy taxes imposed by the State or cities or towns. (Finance/Administration) (Pat Wicks) Attachments: 1. RFCCA - DOR IGA 6. MC 2015-110 Agreement: Yuma Crossing National Heritage Area Corporation Authorize the City Administrator to execute an agreement to continue support of the Yuma Crossing National Heritage Area Corporation and to further implement the Plan for the Yuma Crossing National Heritage Area. (YCNHA) (Charles Flynn) Attachments: 1. RFCCA Operationa Agmt. with YCNHA 2015 2. AGMT Operation Agmt. with YCNHA 2015 7. MC 2015-111 Grant: Edward Byrne Memorial Justice Assistance Grant (JAG) Program Authorize the City of Yuma/Police Department to accept grant monies received under the Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program as part of a joint application submitted by the City of Yuma/Police Department and the Yuma County Sheriff's Office. (YPD/Administration) (John Lekan) Attachments: 1. RFCCA Edward Byrne Grant JAG Grant Monies 2. SUP DOCS Edward Byrne Grant Jag Grant Monies 8. MC 2015-115 Grant Agreement: Arizona Department of Homeland Security Authorize the City Administrator to execute a grant agreement with the Arizona Department of Homeland Security for reimbursement of funds expended for materials, labor, and travel as it relates to the Critical Public Safety Infrastructure Expansion for the Martinez (Mtz) Lake Area (Black Mountain). Attachments: 1. RFCCA AZDHS Infrastructure Expansion Martinez Lake 2. AGMT. AZDOHS Infrastructure Expansion Martinez Lake City of Yuma Page 3 Printed on 6/12/2015 City Council Meeting Agenda June 17, 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. R2015-026 Real Property Exchange Agreement: Beeler Equipment Company, Inc. Authorize the City Administrator to execute the attached Real Property Exchange Agreement with Beeler Equipment Company, Inc. to acquire 711 square feet of right-of-way and a one (1') foot non-access easement necessary for the 16th Street and 4th Avenue intersection improvements. In exchange for the right-of-way and restricted access, the City will grant Beeler Equipment Company, Inc., a permanent joint access easement, construct a joint use driveway, and pave Beeler Equipment Company, Inc.'s existing parking lot. (Public Works/Engineering) (Joshua Scott) Attachments: 1. RFCCA Beeler Real Property Exchange Agreement 2. RES Beeler Real Property Exchange Agreement 3 AGMT Beeler Real Property Exchange 2. R2015-027 Amended Development Agreement: Yuma County Airport Authority / Amelia Earhart Hangar Approve an amendment to the development agreement with the Yuma County Airport Authority for the Amelia Earhart Hangar located at the southeast corner of 40th Street and 4th Avenue Extension. (Public Works/Engineering) (Joshua Scott) Attachments: 1. RFCCA Amelia Earhart Hangar 2. MAP Amelia Earhart Hangar 3. RES Amelia Earhart Hangar 4. AGR Amelia Earhart Hangar City of Yuma Page 4 Printed on 6/12/2015 City Council Meeting Agenda June 17, 2015 3. R2015-028 Public Record Declaration: 2012 International Mechanical Code, 2012 International Plumbing Code, 2012 International Fuel Gas Code, and NFPA 70 National Electrical Code 2014 Edition Declare the "2012 International Mechanical Code", "2012 International Plumbing Code", "2012 International Fuel Gas Code", and "NFPA 70 National Electrical Code 2014 Edition", a public record and order three copies of each to remain on file with the City Clerk. (Community Development/Building Safety)(Laurie Lineberry) Attachments: 1. RFCCA Public Record Declaration 12 IMC IPC IFGC 2014 NEC1 2. RES Public Record Declaration 12 IMC IPC IFGC 2014 NEC2 4. R2015-029 Preannexation Development Agreement: Mireles Authorize a Preannexation Development Agreement with Edward Mireles, Jr. for property located north of the northwest corner of Avenue C and Riverside Drive. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1.RFCCA PDA AGR-9800-2015 Mireles 2. RES PDA AGR-9800-2015 Mireles 3. AGR PDA AGR-9800-2015 Mireles 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. O2015-032 Acquisition of Property: 2024 S. Arizona Avenue, Yuma, AZ 85364 Authorize City acquisition of residential real property at the described location. (City Administration) (Ricky Rinehart) Attachments: 1. RFCCA Acquisition Arizona Ave 2. MAP Acquisition Arizona Ave 3. ORD Acquisition 2024 S Arizona Ave 4. Legal Description 2024 S Arizona Ave City of Yuma Page 5 Printed on 6/12/2015 City Council Meeting Agenda June 17, 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. O2015-033 City Code Text Amendment: Title 15 - Building Advisory Board Amend the Yuma City Code, Title 15 Land Usage, Chapter 150, to add Section 008, Building Advisory Board. (Community Development/Building Safety) (Laurie Lineberry) Attachments: 1. RFCCA City Code Text Amendment - Building Advisory Board 2. ORD City Code Text Amendment - Building Advisory Board 2. O2015-034 Rezoning of Property: Approximately 46.75 acres located north of 12th Street between Avenue D to the west and county residences on Yavapai Lane to the east in Yuma, AZ. Rezone approximately 44.58 acres from the Agriculture (AG) District to the Low Density Residential (R-1-6 and R-1-12) District. The property is located north of 12th Street between Avenue D to the west and county residences on Yavapai Lane to the east in Yuma, AZ. (ZONE-8398-2015). (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Public Hearing Rezoning of Property 2. ORD Public Hearing Rezoning of Property 3. P&Z RPT. Public Hearing Rezoning of Property City of Yuma Page 6 Printed on 6/12/2015 City Council Meeting Agenda June 17, 2015 V. PUBLIC HEARING FOR 2015-2015 BUDGET & RELATED ACTIONS The following discussion may result in the adoption of Resolution R2015-030 1. R2015-030 Final Budget Adoption for Fiscal Year 2015-2016 Adopt the City of Yuma Preliminary Budget for Fiscal Year 2015-2016 in the amount of $212,033,722 which includes a Capital Improvement Program Budget of $36,500,000, and an Operating Budget of $175,533,722. Attachments: 1. RFCCA 2015-16 Final Budget 2. RES 2015-16 Final Budget 3. SUP DOC 2015-16 Final Budget Schedules A-G The following discussion may result in the introduction of Ordinance O2015-035. 1. O2015-035 Adopt the 2015-2016 Primary Property Tax Levy and Mall Maintenance District Property Tax Levy Adopt the 2015-2016 Primary Property Tax Levy and Mall Maintenance District Property Tax Levy. Attachments: 1. RFCCA 2015-16 Tax Levy 2. ORD 2015-16 Tax Levy 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: There are no appointments scheduled at this time. City of Yuma Page 7 Printed on 6/12/2015 City Council Meeting Agenda June 17, 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 June 4, 2015 through June 17, 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. 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. (A.R.S. 38-431.03 A3 & A4) B. Discussion, consultation with and/or instruction to legal counsel regarding Open Meeting Law complaints. (A.R.S. 38-431.03 A3 & A4) City of Yuma Page 8 Printed on 6/12/2015 City Council Meeting Agenda June 17, 2015 C. Discussion, consultation with and/or instruction from counsel regarding the breach of contract by Franks Family Dining Yuma #2 LLC. (A.R.S. 38-431.03 A3 & A4) 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 6/12/2015