City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, July 1, 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 · CAFR Certificate of Achievement of Excellence Award · Arizona Public Service Check Presentation 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 2015-121 Regular Worksession Draft Minutes January 6, 2015 Attachments: 1. 2015_01_06_RWS_minutes 2. MC 2015-122 Regular City Council Meeting Draft Minutes February 4, 2015 Attachments: 1. 2015_02_04_RCM_ minutes City of Yuma Page 1 Printed on 6/25/2015 City Council Meeting Agenda July 1, 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 2015-116 Special Event Liquor License: Yuma Jaycees, Inc. - Soccer Game Approve a Special Event Liquor License application submitted by Patrick Lee Collins, on behalf of the Yuma Jaycees, Inc., for a Soccer Game scheduled for Tuesday, July 14, 2015, from 2:00 p.m. to 11:00 p.m. The game will be held at Desert Sun Stadium, located at 1280 W. Desert Sun Drive. (SP15-42) Attachments: 1. RFCCA Spc Event Yuma Jaycees Soccer Game.doc 3. MC 2015-117 Declaration of Surplus: Sale of Firearms Declare firearms from the Police Department, consisting of forfeited evidence, unclaimed and abandoned safekeeping and found firearms, as surplus. (Police Department - Bid #2015-20000152) (John Lekan ) Attachments: 1. RFCCA Declare of Surplus and Sale of Fire Arms 2. SS Declare Surplus and Sale of Firearms 4. MC 2015-119 Renewal of Insurance: Renewal of City's Insurance Coverage for Insuring Year 2015-2016 Authorize insurance coverage for Property, Public Liability (including Employee Benefits, Public officials, Employment Practices, Liquor, Law Enforcement and Auto), Excess Liability, Crime/Dishonesty, Underground Storage Tanks, Excess Workers Compensation, Cyber Liability and Auto Physical Damage coverage for insuring year 2015-2016 in the total amount of $841,145.13. (Risk Management) (Laura Kohmetscher) Attachments: 1. RFCCA Insurance Renewal 2015-2016.doc City of Yuma Page 2 Printed on 6/25/2015 City Council Meeting Agenda July 1, 2015 5. MC 2015-120 Open Meeting Law Resolution Approve Attorney General's Office recommendations and schedule open meeting law training, discussion and review of findings Attachments: 1. RFCCA Open Meeting Law Resolution.doc 6. MC 2015-123 Clarification of Action: Yuma Crossing National Heritage Area Corporation Agreement Clarify the motion approved at the June 17, 2015 Regular City Council Meeting amending Section III. General Provisions, Subsection A. Termination, of the Yuma Crossing Heritage Area Corporation agreement. Attachments: RFCCA. Clarification of Yuma Crossing NHA Agr. AGR. Clarification of Yuma Crossing NHA agreement 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. O2015-033 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 City of Yuma Page 3 Printed on 6/25/2015 City Council Meeting Agenda July 1, 2015 2. 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 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. O2015-037 Amend Yuma City Code: 2012 International Mechanical Code with local amendments Amend Yuma City Code Chapter 150, Sections 150-045 and 150-046, and adopt the "2012 International Mechanical Code", which was declared a public record by Resolution R2015-028 at the Regular City Council Meeting on June 17, 2015, and local amendments, approved by the Building Advisory Board, dated December 17, 2014. (Community Development/Building Safety) (Laurie Lineberry) Attachments: 1. RFCCA Amend City Code: 2012 International Mechanical Code 2. ORD Amend City Code: 2012 International Mechanical Code 2. O2015-038 Amend Yuma City Code: 2012 International Plumbing Code with local amendments Amend Yuma City Code Chapter 150, Sections 150-060 and 150-061, and adopt the "2012 International Plumbing Code", including Appendices C, E, and F, which was declared a public record by Resolution R2015-028 at the Regular City Council Meeting on June 17, 2015, and local amendments, approved by the Building Advisory Board, dated December 17, 2014. (Community Development/Building Safety) (Laurie Lineberry) Attachments: 1. RFCCA 2012 International Plumbing Code 2. ORD 2012 International Plumbing Code City of Yuma Page 4 Printed on 6/25/2015 City Council Meeting Agenda July 1, 2015 3. O2015-039 Amend Yuma City Code: 2012 International Fuel Gas Code with local amendments Amend Yuma City Code Chapter 150, Sections 150-065 and 150-067, and repealing Section 150-066, and adopt the "2012 International Fuel Gas Code", which was declared a public record by Resolution R2015-028 at the Regular City Council Meeting on June 17, 2015, and local amendments, approved by the Building Advisory Board, dated February 18, 2015. (Community Development/Building Safety) (Laurie Lineberry) Attachments: 1. RFCCA 2012 International Fuel Gas Code 2. ORD 2012 International Fuel Gas Code 4. O2015-040 Amend Yuma City Code: NFPA 70 National Electrical Code 2014 Edition with local amendments Amend Yuma City Code Chapter 150, Sections 150-076 and 150-077 and adopt the “NFPA 70 National Electrical Code 2014 Edition”, which was declared a public record by Resolution R2015-028 at the Regular City Council Meeting on June 17, 2015, the “2006 International Code Council Electrical Code Administrative Provisions”, and local amendments, approved by the Building Advisory Board, dated March 11, 2015. (Community Development/Building Safety) (Laurie Lineberry) Attachments: 1 RFCCA 2014 NFPA 70 National Electric Code 2. ORD 2014 NFPA 70 National Electric Code 5. O2015-041 Real Property Acquisition (Exchange): Kenyon's Market, Inc. Authorize the acquisition of real property owned by Kenyon's Market, Inc., in the vicinity of the northwest 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. (Engineering) (Joshua Scott) Attachments: 1. RFCCA Kenyon's Market Property Acquisition 2. MAP Kenyon's Market Property Acquisition 3. ORD Kenyon's Market Property Acquisition City of Yuma Page 5 Printed on 6/25/2015 City Council Meeting Agenda July 1, 2015 6. O2015-042 Rezoning of Property: 1280 W. 24th Street Rezone approximately 1.67 acres from the High Density Residential (R-3) District to the Limited Commercial (B-1) District. The property is located at 1280 W. 24th Street, Yuma, AZ. (ZONE-9101-2015). (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezoning of Property: 1280 W. 24th St. 2. RPT Rezoning of Property: 1280 W. 24th St. 3. MAP Rezoning of Property: 1280 W. 24th Street 4. ORD Rezoning of Property: 1280 W. 24th St. 7. O2015-043 Rezoning of Property: 2070 and 2090 S. Araby Road Approve the rezone of approximately .9 acres from the Agriculture (AG) District to the Low Density Residential (R-1-12) District. The properties are located at 2070 and 2090 S. Araby Road, Yuma, AZ (ZONE-9378-2015). (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezoning of Property: 1270 & 1290 S. Araby Rd. 2. RPT. Rezoning of Property: 1270 & 1290 Araby Rd. 3. Map Rezoning of Property: 1270 & 1290 Araby Rd. 4. ORD Rezoning of Property: 1270 & 1290 Araby Rd. V. PUBLIC HEARING AND RELATED ITEMS The following public hearing may result in the adoption of Ordinance O2015-034 1. 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 6/25/2015 City Council Meeting Agenda July 1, 2015 The following public hearing may result in the introduction of Ordinance O2015-036 1. O2015-036 Statutory Compliance Hearing: Southwest corner of 21st Avenue and 7th Street Conduct a Public Hearing pursuant to A.R.S. § 9-462.01 to repeal Ordinance No. 1888 and revert the zoning to its former classification of High Density Residential (R-3) District. The properties are located at the southwest corner of 21st Avenue and 7th Street, Yuma, AZ. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Pub. Hrg./Zoning Reversion: Kenneth Subdivision 2. LTR. Pub. Hrg./Zoning Reversion: Kenneth Subdivision 3. MAP Pub. Hrg./Zoning Reversion: Kenneth Subdivision 4. ORD Pub. Hrg./Zoning Reversion: Kenneth Subdivision The following public hearing may result in the approval of MC2015-118 1. MC 2015-118 Annexation Area No. ANEX-9521-2015: Hardknocks L.P.- Watkinson This is a public hearing to consider the annexation of property located at the southwest corner of South Gila Canal and Avenue 8E. (ANEX-9521-2015). (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Pub. Hrg. ANEX-9521-2011 Hardknocks-Watkinson 2. PETITION Pub. Hrg. ANEX-9521-2011 Hardknocks-Watkinson 3. MAP Pub. Hrg. ANEX-9521-2015 Hardknocks-Watkinson MAP.pdf 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 6/25/2015 City Council Meeting Agenda July 1, 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 18, 2015 through July 1, 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 to legal counsel regarding the following legal matters: (A.R.S. 38-431.03 A3 and A4) 1. Munger v. Trabue (COY) 2. Farar, et al v. COY 3. Dyer v. COY City of Yuma Page 8 Printed on 6/25/2015 City Council Meeting Agenda July 1, 2015 4. Avenue 6E Investments v. COY 5. Esquivel v. Carrillo (COY) 6. Twite v. Almodova (COY) 7. LeMarche v. COY 8. COY v. John T. Kretzer, et al 9. COY v. Clark, et al 10. COY v. Torres, et al 11. COY v. Medina-Tapia, et al 12. Armendariz Claims (In re, Gabriel Armendariz) 13. Smith Claim 14. Young Claim 15. Johnson v. Beeson, Bushong and City of Yuma B. Discussion, consultation with and/or instruction to legal counsel, regarding the Sewer Service agreement with Winterhaven County Water District. (ARS 38-431.03 A3 and A4) C. Discussion, consultation with and/or instruction to legal counsel, regarding a real property exchange and development agreement at the northwest corner of 16th Street and 4th Avenue. (ARS 38-431.03 A3, A4 and A7) D. Discussion, consultation with and/or instruction to legal counsel, regarding a real property exchange and development agreement at the northeast corner of 16th Street and 4th Avenue. (ARS 38-431.03 A3, A4 and A7) E. Discussion, consultation with and/or instruction to legal counsel, regarding real property development at the southwest corner of 16th Street and 4th Avenue. (ARS 38-431.03 A3, A4 and A7) 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 6/25/2015