City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, September 2, 2015 5:30 PM Yuma City Hall Council Chambers REVISED AGENDA Notice is hereby given that Councilmember Beeson has requested to participate in the September 2, 2015 Regular City Council Meeting through electronic methods. Voting procedures will remain as required by the Yuma City Charter and other applicable laws CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL FINAL CALL Final call for submission of Speaker Request Forms for agenda related items. PRESENTATIONS · Recognition of contributions from Yuma Jaycees and Hoops Organization by Debbie Wendt 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 2015-163 Regular City Council Meeting Draft Minutes January 7, 2015 Attachments: 1. Minutes: DRAFT 1/7/2015 RCM 2. MC 2015-164 Regular City Council Meeting Draft Minutes March 4, 2015 Attachments: 1. Minutes: DRAFT 03/04/2015 RCM City of Yuma Page 1 Printed on 8/31/2015 City Council Meeting Agenda September 2, 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 2015-151 Liquor License: (LL15-12) Frankie Frank's Approve a New (Series #6) Bar, Liquor License application, submitted by Frank Maisano, agent for Frankie Frank's, located at 711 E. 32nd Street, Yuma, Arizona. (LL15-12) (City Administration/City Clerk) (Lynda Bushong) Attachments: 1. RFCCA Frankie Frank's Liq Lic 3. MC 2015-152 Liquor License: (LL15-13) Hawaiian BBQ Approve a New License #12 Restaurant, Liquor License application, submitted by Amy Song, agent for Hawaiian BBQ, located at 1325 S. Yuma Palms Pkwy. #2, Yuma, Arizona. (LL15-13) (City Administration /City Clerk) (Lynda Bushong) Attachments: 1. RFCCA Hawaiian BBQ Liq Lic 4. MC 2015-153 Liquor License: (LL15-015) Wal-Mart Supercenter #1474 Sampling Privileges Approve an application adding sampling privileges to an active Liquor License Store (Series #9) License submitted by Clare Hollie Abel, agent for Wal-Mart Supercenter #1474, 2900 South Pacific Avenue, Yuma, Arizona. (LL15-01S). (City Administration/City Clerk) (Lynda Bushong) Attachments: 1. RFCCA Wal-Mart Sampling Liq Lic.doc City of Yuma Page 2 Printed on 8/31/2015 City Council Meeting Agenda September 2, 2015 5. MC 2015-161 Permanent Extension of Premises: (EP15-02) Wings West One, LLC - Buffalo Wild Wings Approve an application for a Permanent Extension of Premises/Patio Liquor License Permit submitted by Lisa M. Meyer, agent for Wings West One, LLC, located at 1317 S. Yuma Palms Parkway, Yuma, Arizona. (EP15-02) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Extension of Premises: Buffalo Wild Wings 6. MC 2015-154 Bid Award: Figueroa Water Pollution Control Facility Improvements Award to the lowest responsive and responsible bidder for Figueroa Water Pollution Control Facility Improvements, in the amount of $2,962,788.40 to: LPC Construction, Inc. Yuma, Arizona (Engineering/Utilities - Bid #2015-20000175) (Josh Scott) Attachments: 1. RFCCA Figueroa WPCF Improvements.doc 2. SPRDSHEET Figueroa WPCF Improvements 7. MC 2015-155 Bid Rejection: Police Uniforms & Accessories Reject all bids for Police Uniforms and Accessories (Bid #2015-20000180 /Yuma Police Dept) (John Lekan) Attachments: 1. RFCCA Bid Rejection PD Uniforms & Accessories 8. MC 2015-156 Intergovernmental Agreement: State of Arizona - Department of Transportation Authorize the City Administrator to execute an intergovernmental agreement (IGA) with the State of Arizona - Department of Transportation (ADOT) to utilitze the City of Yuma's vehicle washing facilities. (Public Works/Fleet Services) (Joel Olea) Attachments: 1. RFCCA ADOT IGA Vehicle Wash 2. AGR ADOT IGA Vehicle Wash 3. EXH A ADOT IGA Vehicle Wash 4. EXH B ADOT IGA Vehicle Wash City of Yuma Page 3 Printed on 8/31/2015 City Council Meeting Agenda September 2, 2015 9. MC 2015-157 Intergovernmental Agreement: Regional Mental Health Court Authorize the City Administrator to execute an Intergovernmental Agreement with the Superior Court in Yuma County to allow the Municipal Court to participate in the Regional Mental Health Court. (Municipal Court) (James Coil) Attachments: 1. RFCCA Mental Health Court 2. IGA Mental Health Court 10. MC 2015-158 Grant: Yuma MCAS (JLUS) - Project Assessment Fairgrounds Relocation Authorize execution of all documents necessary for acceptance of the United States Department of Defense Office of Economic Adjustment (OEA) Community Assistance Funds for a Joint Land Use Study for Marine Corps Air Station Yuma for the purpose of developing a project assessment for the relocation of the Yuma County Fairgrounds. (Community Development/Community Planning)(Laurie Lineberry) Attachments: 1. RFCCA Grant Fairgrounds Relocation.doc 2. AWRD LETTER Grant Fairgrounds Relocation 3. MAC Grant Fairgrounds Relocation Letter.pdf 4. AGR Grant Fairgrounds Relocation 11. MC 2015-159 Infrastructure & Services Report: ANEX-5538-2014 Gomez Approve an Infrastructure and Services Report for Annexation Area No. ANEX-5538-2014, identified as the Gomez Annexation, located at the southeast corner of 16th Street and Sunridge Drive. (Community Development/Community Planning)(Laurie Lineberry) Attachments: 1. RFCCA ANEX-5538-2014 Gomez Infra Report.doc City of Yuma Page 4 Printed on 8/31/2015 City Council Meeting Agenda September 2, 2015 12. MC 2015-160 Infrastructure & Services Report: ANEX-9521-2015 Hardknocks-Watkinson Approve an Infrastructure and Services Report for Annexation Area No. ANEX-9521-2015, identified as the Hardknocks-Watkinson Annexation, located at the southwest corner of the South Gila Canal and Avenue 8E. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA ANEX-9521-2015 Hardknocks-Watkinson Infrastructure Rpt 13. MC 2015-162 Settlement of Claim: Munger v. Trabue, et al (City of Yuma) Authorize $37,000.00 settlement of the Munger v. Trabue, et al lawsuit Attachments: 1. RFCCA Munger Settlement 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. R2015-038 Third Amendment to Development Agreement: WCC Properties, LLC Amend the Development Agreement (Third Amendment) between the City of Yuma and WCC Properties, LLC to permit certain lots in Phase II (Rio Vista Commerce Center/Yuma Land Company, LLC) to develop under the design guidelines of Phase I (Las Palmillas Shopping Center) and extending the exemption of transportation impact fees from 7 years to 10 years (or the issuance of a certificate of occupancy) for the construction of a 55,000 square foot Hobby Lobby. (City Administration) (Greg Wilkinson) Attachments: 1. RFCCA 3rd Amendment Dev Agr Hobby Lobby 2. RES 3rd Amendment Dev Agr Hobby Lobby 3. AGR 3rd Amendment Dev Agr Hobby Lobby City of Yuma Page 5 Printed on 8/31/2015 City Council Meeting Agenda September 2, 2015 2. R2015-039 Development Fee Exemption: Habitat for Humanity of Yuma, Inc. Approve the request to exempt City of Yuma Development Fees totaling $ 2,572.00 for one low-to-moderate income dwelling unit to be constructed at 2698 S. 18th Drive and authorizing payment of the exempted fees by the City of Yuma. (Engineering) (Josh Scott) Attachments: 1. RFCCA Habitat for Humanity Dev Fee Exemption 2. MAP Habitat for Humanity Dev Fee Exemption 3. RES Habitat for Humanity Dev Fee Exemption 4. AGR Habitat for Humanity Dev Fee Exemption 3. R2015-040 2015 City of Yuma Primary Election Canvass Declare the official canvass of the August 25, 2015, City of Yuma Primary Election. Attachments: 1. RFCCA 2015 Primary Canvass 2. RES 2015 Primary Canvass 3. EXH A 2015 Primary Canvass ADDITION 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. O2015-046 Annexation Area No. ANEX-8845-2015: Saguaro Desert Land Inc. Authorize annexation of property generally located at the northwest corner of 24th Street and Avenue 9E. (ANEX-8845-2015) (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA ANEX-8845-2015 Introduction.doc 2. ANEX-8845-2015 Saguaro Blank Petition.docx 3. ANEX-8845-2015 Saguaro Ordinance.doc 4. ANEX-8845-2015 Saguaro Map.pdf City of Yuma Page 6 Printed on 8/31/2015 City Council Meeting Agenda September 2, 2015 2. O2015-049 Rezoning of Property: Approximately 49.2 acres located on the northwest corner of Pacific Avenue and 8th Street, Yuma, AZ. Approve the rezone of 49.2 acres from the General Commercial/ Aesthetic Overlay (B-2/AO) District to the General Commercial/ Aesthetic Overlay/ Public Overlay (B-2/AO/P) District. The property is located on the northwest corner of Pacific Avenue and 8th Street, Yuma, AZ (ZONE-10017-2015). (Community Development/Community Planning) (Laurie Lineberry) Attachments: RFCCA Rezoning of Property: NW Corner of Pacific Ave. & 8th St. P&Z RPT. Rezoning of Property: NW Corner of Pacific Ave & 8th St. ORD Rezoning of Property: NW Corner of Pacific Ave & 8th St. 3. O2015-050 Rezoning of Property: Approximately 7.44 acres located at 1651 S. 4th Avenue, Yuma, AZ. Approve the rezone of 7.44 acres from the Limited Commercial (B-1) District to the General Commercial (B-2) District. The property is located at 1651 S. 4th Avenue, Yuma, AZ. (ZONE-10061-2015). (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezoning of Property: 1651 S. 4th Ave 2. P&Z RPT Rezoning of Property: 1651 S. 4th Avenue 3. ORD Rezoning of Property: 1651 S. 4th Ave 4. O2015-051 Annexation Area No. ANEX-5538-2014: Gomez Authorize annexation of property located at the southeast corner of 16th Street and Sunridge Drive (ANEX-5538-2014). (Community Development/Community Planning)(Laurie Lineberry) Attachments: 1. RFCCA ANEX-5538-2014 Gomez 2. ORD ANEX-5538-2014 Gomez 3. PETITION ANEX-5538-2014 Gomez 4. MAP ANEX-5538-2014 Gomez City of Yuma Page 7 Printed on 8/31/2015 City Council Meeting Agenda September 2, 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. O2015-052 Declare Surplus Property & Authorize Sale of Property: Declare certain right-of-way at 12th Street and Avenue C surplus and authorize vacating of the surplus right-of-way to the abutting property owner pursuant to Arizona Revised Statutes § 28-7205(2). (Engineering) (Josh Scott) Attachments: 1. RFCCA Surplus Property 12th Street Starchord 2. MAP Surplus Property 12th Street Starchord 3. ORD Surplus Property 12th Street Starchord 4. EXH A Surplus Property 12th Street Starchord 2. O2015-053 Annexation Area No. ANEX-9521-2015: Hardknocks-Watkinson Authorize annexation of property generally located at the southwest corner of the South Gila Canal and Avenue 8E (ANEX-9521-2015). (Community Development/Community Planning)(Laurie Lineberry) Attachments: 1. RFCCA ANEX-9521-2015 Hardknocks Introduction.doc 3. PETITION ANEX-9521-2011 Hardknocks-Watkinson 2. ORD ANEX-9521-2015 Hardknocks 4. MAP ANEX-9521-2015 Hardknocks-Watkinson 3. O2015-054 Grant of Easement: Yuma County Water Users' Association Authorize Staff to execute an easement to the Yuma County Water Users' Association (Association) for Martin Lateral in Avenue C right-of-way. (Engineering) (Josh Scott) Attachments: 1. RFCCA YCWUA Martin Lateral Easement 2. MAP YCWUA Martin Lateral Easement 3. ORD YCWUA Martin Lateral Easemet 4. AGR YCWUA Martin Lateral Easement City of Yuma Page 8 Printed on 8/31/2015 City Council Meeting Agenda September 2, 2015 V. PUBLIC HEARING AND RELATED ITEMS No Public Hearings scheduled at this time. 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. 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 August 6, 2015 through September 2, 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. City of Yuma Page 9 Printed on 8/31/2015 City Council Meeting Agenda September 2, 2015 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 ADOT language on Avenue 3E/Highway 95 Intergovernmental Agreement. (ARS 38-431.03 A3 and A4) B. Discussion, consultation with and/or instruction to legal counsel regarding Riverfront contracts, Phase I and Phase II, and legal issues related thereto. (A.R.S. 38-431.03 A3 and A4) C. Discussion, consultation with and/or instruction to legal counsel regarding the legal matter of Munger v. Trabue, et al (COY). (A.R.S. 38-431.03 A3 and 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 10 Printed on 8/31/2015