City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, October 7, 2015 5:30 PM Yuma City Hall Council Chambers Notice is hereby given, pursuant to Resolution R2008-55 that one or more members of the Yuma City Council may participate in person or by telephonic, video or internet conferencing. 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 City’s Communication & Marketing awards from 3CMA 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 2015-196 Regular City Council Meeting Draft Minutes March 18, 2015 Attachments: 1. 2015_03_18_RCM_ minutes 2. MC 2015-197 Regular City Council Worksession Draft Minutes June 30, 2015 Attachments: 1. 2015_06_30_RWS minutes City of Yuma Page 1 Printed on 10/2/2015 City Council Meeting Agenda October 7, 2015 3. MC 2015-198 Regular City Council Worksession Draft Minutes May 5, 2015 Attachments: 1. 2015_05_05_RWS_minutes 4. MC 2015-199 Regular City Council Meeting Draft Minutes May 6, 2015 Attachments: 1. 2015_05_06_RCM_ minutes 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 2015-179 Liquor License: Shell Approve a New (Series #10) Beer and Wine Store, Liquor License application, submitted by Michelle Roman, agent for Shell, located at 138 E 16th Street, Yuma, Arizona. (LL15-17) (Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Shell Liquor License LL15-17 3. MC 2015-180 Liquor License: Wal-Mart Supercenter #4325 Sampling Privileges (LL15-02S) 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 #4325, 8151 E 32nd Street, Yuma, Arizona. (LL15-02S). (Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Sampling Liquor License Walmart #4325 4. MC 2015-181 Liquor License: Wal-Mart Supercenter #5342 Sampling Privileges (LL15-03S) 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 #5342, 2501 South Avenue B, Yuma, Arizona. (LL15-03S). (Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Sampling Liquor License Walmart #5342 City of Yuma Page 2 Printed on 10/2/2015 City Council Meeting Agenda October 7, 2015 5. MC 2015-182 Special Event Liquor License: Yuma Crossing National Heritage Area - 3:10 to Yuma Fundraiser Approve a Special Event Liquor License application submitted by Tina Clark, on behalf of the Yuma Crossing National Heritage Area, for the 3:10 to Yuma Fundraiser scheduled for Saturday, November 7, 2015 from 6:00 p.m. to 10:00 p.m. The event will be held at Yuma Territorial Prison State Historic Park, located at 220 N Prison Hill Rd (SP15-47) (Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event LL: YCNHA 3:10 to Yuma 6. MC 2015-173 Special Event Liquor License: Gotta Dream Inc. - Hog Rally Approve a Special Event Liquor License application submitted by Jon Pitts on behalf of Gotta Dream Inc., for the Hog Rally scheduled for Saturday, October 24, 2015 from 6:00 p.m. to 12:00 a.m. The event will be held at the 100 - 300 Blocks of Main Street. (SP15-48) (City Administration/City Clerk) (Lynda L Bushong) Attachments: 1. RFCCA Special Event Liquor License: Hog Rally 7. MC 2015-183 Special Event Liquor License: El Diablito ASU Halloween Bash Approve a Special Event Liquor License application submitted by Arturo Anaya on behalf of Somerton Tamale Festival Inc. for the El Diablito ASU Halloween Bash scheduled for Friday, October 30, 2015 from 7:00 p.m. to 2:00 a.m. The event will be held at the Quarter Master Depot, 201 N 4th Avenue, Yuma (SP15-49) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event LL: El Diablito ASU Halloween Bash 8. MC 2015-184 Bid Award: 5th Street Sewer Main Replacement Award to the lowest responsive and responsible bidder for the construction of 5th Street Sewer Main Replacement, at an estimated amount of $199,378.36 to: Desert Excavating, Inc., Yuma, Arizona. (Engineering - Bid #2016-20000033) (Joshua Scott) Attachments: 1. RFCCA - 5th Street Sewer Main Replacement 2. SPRDSHEET 2016-20000033 5th Street Sewer Main Replacement City of Yuma Page 3 Printed on 10/2/2015 City Council Meeting Agenda October 7, 2015 9. MC 2015-185 Contract Award: Request for Qualifications (RFQ) Storm Water Engineering Consultant Services Authorize City Administrator to negotiate and execute a one-year contract with the option to renew for four additional one-year periods, one year at time, depending on the appropriation of funds and satisfactory performance, for Storm Water Engineering Consulting Services to the following firms: Osman Engineering PLLC Yuma, Arizona Dahl Robins and Associates, Inc Yuma, Arizona Core Engineering Group PLLC Yuma, Arizona (City Engineering Department-RFQ #2015-20000173) (Joshua Scott) Attachments: 1. RFCCA - Storm Water Engineering Consultant Services 2. SPRDSHEET Storm Water Engineering Consultant Services 10. MC 2015-186 Memorandum of Understanding: Arizona Department of Revenue Authorize the City Administrator to execute a Memorandum of Understanding with the Arizona Department of Revenue (DOR) to establish performance measures for the DOR for the administration and collection of transaction privilege taxes (TPT) on behalf of the City of Yuma (City). (Finance/Administration) (Pat Wicks) Attachments: 1. RFCCA DOR MOU.doc 2. SUP DOC-MOU with DOR 07162015 - Final_7-27-15.pdf 3. SUP DOC-MOU Performance Measures 07-16-15 FINAL.pdf 11. MC 2015-187 Agreement: Winterhaven County Water District Authorize the City Administrator to execute an agreement for wastewater treatment services with Imperial County and the Winterhaven County Water District. (Utilities/Administration) (Jay Simonton) Attachments: 1. RFCCA Winterhaven Wastewater Treatment Sewer Svc. 2. AGMT. Winterhaven Wastewater Sewer Service 12. MC 2015-188 Agreement: Humane Society of Yuma Authorize the City Administrator to execute an agreement with the Humane Society of Yuma to provide animal services to residents of the City of Yuma. (Police/Animal Control Services) (John Lekan) Attachments: 1. RFCCA HSOY Pet Licensing Contract 2. AGMT. HSOY final contract City of Yuma Page 4 Printed on 10/2/2015 City Council Meeting Agenda October 7, 2015 13. MC 2015-189 Grant Award: Arizona Companion Animal Spay and Neuter Committee (ACASNC) Authorize the City Administrator to direct City Staff (YPD personnel) to execute the necessary paperwork with ACASNC to obtain grant funds to support community spay and neuter surgeries. (Police/Animal Control Services) (John Lekan) Attachments: 1. RFCCA Grant Award: Animal Control Spay and Neuter Committee 2. AWARD Grant Award: Animal Spay & Neuter Committee 14. MC 2015-190 Intergovernmental Agreement: U.S. Border Patrol, Yuma Sector Special Operations Detachment Authorize an Intergovernmental Agreement between the U.S. Border Patrol, Yuma Sector Special Operations Detachment and the City of Yuma Public Safety Training Facility. (Police/Support Services) (John Lekan) Attachments: 1. RFCCA Special Operations Detachment 2. IGA Special Operations Detachment 15. MC 2015-191 Grant Award: 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Authorize the City Administrator, or the City Administrator's designee, to execute an agreement and receive grant funds and expend grant funds once received in accordance with the Federal Department of Justice's Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program. (Police/Patrol) (John Lekan) Attachments: 1. RFCCA 2015 JAG Grant Agreement and funding authorization (revised)..doc 2. AWARD LTR. 2015 JAG Grant Agreement 16. MC 2015-192 Memorandum of Understanding: Yuma County Sheriff's Office Authorize the City Administrator, or his designee, to execute a Memorandum of Understanding (MOU) between Yuma County Sheriff's Office and the City of Yuma to distribute funds from the 2015 Edward Byrne Justice Assistance Grant (JAG) Program (Award # 2015-DJ-BX-0578). (Police/Patrol) (John Lekan) Attachments: 1. RFCCA MOU 2015 JAG Grant 2. MOU 2015 Byrne JAG Grant City of Yuma Page 5 Printed on 10/2/2015 City Council Meeting Agenda October 7, 2015 17. MC 2015-193 Modification Agreement: Park West Assurance Approve an agreement modifying the terms of a Deed of Trust posted by Territorial Real Estate LLC as assurance of completion of construction of Parkwest Subdivision infrastructure, together with the posting of a letter of credit. (Engineering) (Joshua Scott) Attachments: 1. RFCCA Park West Unit 2.doc 2. Park West Unit 2 Modification Agreement.doc 3. Park West Unit 2 Modification and Supplement to Deed of Trust MOD.doc 18. MC 2015-194 Agreement Amendment: First Amendment to OneGoal, LLC Authorize the City Administrator or his designee to execute an amendment to the agreement with OneGoal, LLC. (Parks & Recreation/Administration) (Debbie Wendt) Attachments: 1. RFCCA OneGoal Admendment 2. AMENDMENT OneGoal 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. R2015-041 Preannexation Development Agreement: Dominguez Authorize a Preannexation Development Agreement with Antonio Dominguez for property located at 2858 E. 13th Street. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1.RFCCA PDA 11169-2015 Dominguez 2. RES PDA 11169-2015 Dominguez 3. AGR PDA 11169-2015 Dominguez City of Yuma Page 6 Printed on 10/2/2015 City Council Meeting Agenda October 7, 2015 2. R2015-042 Facilities Maintenance Agreement: Wal-Mart Stores, Inc. - Wal-Mart Neighborhood Market Authorize the City Administrator to execute a Facilities Maintenance Agreement to permit Wal-Mart Stores, Inc. the use of portions of Yuma County Water Users Association property under the City of Yuma's License for purposes of Wal-Mart Stores, Inc.'s, located at southwest corner of 8th Street and Avenue B, encroachment, construction, installation, operation, and maintenance of a driveway entrance onto Avenue B, and water and sewer lines partially crossing United States Bureau of Reclamation Townsend Lateral and Avenue B rights-of-way. (Engineering/Development Engineering) (Joshua Scott) Attachments: 1. RFCCA WalMart Facilities Maint Agmt 8th St and Ave B.doc 2. MAP WalMart Facilities Maint Agmt 8th St and Ave B LOCATION MAP.pdf 3. RES WalMart Facilities Maint Agmt 8th St and Ave B Resolution.doc 4. AGMT. WalMart Facilities Maintenance Agreement 8th St and Avenue B.doc 5. LIC WalMart Facilities Maint Agmt 8th St and Ave B YCWU's License.pdf 3. R2015-043 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) for the construction of capacity improvements along Avenue 3E between I-8 and Highway 95 and pavement rehabilitation along Highway 95 between Avenue 3E and Araby Road. (Engineering) (Joshua Scott) Attachments: 1. RFCCA ADOT IGA Avenue 3E Construction.doc 2. MAP ADOT IGA Avenue 3E Construction 3. RES IGA Avenue 3E Construction Resolution.doc 4. IGA ADOT IGA Avenue 3E Construction City of Yuma Page 7 Printed on 10/2/2015 City Council Meeting Agenda October 7, 2015 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. O2015-055 Acceptance of Easement Accept dedication of easement from Shaw Diversified Services, Inc. ("Shaw") for a public water line and appurtenances, across property owned by Shaw, located west of Joe Henry Park (Colorado St. & Ave. B alignments). (Engineering) (Joshua Scott) Attachments: 1. RFCCA Shaw Industries Waterline Easement.doc 2. MAP Shaw Industries Waterline Easement 3. ORD Shaw Waterline Easement Ordinance 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. O2015-056 Amend Ordinance No. O2015-011 Amend the legal descriptions of Ordinance No. O2015-011 which authorized the acquisition, by exchange for City-owned surplus property, purchase, or through the use of eminent domain, of certain necessary right-of-way and temporary construction easements owned by PMG Partnership, L.L.C., located in the vicinity of the northeast corner of 16th Street and 4th Avenue. (City Administration) (Ricky Rinehart) Attachments: 1. RFCCA PMG Property Acquisition.doc 2. PMG Property Acquisition Ordinance.rtf V. PUBLIC HEARING AND RELATED ITEMS There are no Public Hearings scheduled at this time. FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. City of Yuma Page 8 Printed on 10/2/2015 City Council Meeting Agenda October 7, 2015 VI. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. Appointment: Clean and Beautiful Commission: One appointment to an 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 September 17, 2015 through October 7, 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 9 Printed on 10/2/2015 City Council Meeting Agenda October 7, 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 to legal counsel regarding the ParkWest Subdivision Assurances for Completion of Infrastructure. (ARS 38-431.03 A3 and A4) B. Discussion, consultation with and/or instruction to legal counsel regarding the referendum filed by Residents Against Saguaro Apartments. (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 10/2/2015