City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, December 16, 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 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 2015-259 City Council Citizen's Forum Draft Minutes March 17, 2015 Attachments: 1. 2015_03_17_CCF_minutes 2. MC 2015-260 Regular City Council Meeting Draft Minutes April 1, 2015 Attachments: 1. 2015_04_01_RCM_minutes 3. MC 2015-261 Special Worksession/Roundtable Draft Minutes April 8, 2015 Attachments: 1. 2015_04_08_SWS_minutes City of Yuma Page 1 Printed on 12/11/2015 City Council Meeting Agenda December 16, 2015 4. MC 2015-262 City Council Citizen's Forum Draft Minutes April 14, 2015 Attachments: 1. 2015_04_14_CCF_minutes 5. MC 2015-263 City Council Citizen's Forum Draft Minutes June 2, 2015 Attachments: 1. 2015_06_02_CCF_minutes 6. MC 2015-264 City Council Citizen's Forum Draft Minutes August 4, 2015 Attachments: 1. 2015_08_04_CCF_minutes 7. MC 2015-265 Regular City Council Meeting Draft Minutes September 16, 2015 Attachments: 1. 2015_09_16_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 2015-240 Special Event Liquor License: Fort Yuma Rotary Club, Inc. - Mardi Gras on Main Approve a Special Event Liquor License application submitted by Annette Lagunas, on behalf of the Fort Yuma Rotary Club, Inc., for Mardi Gras on Main. The event will be held on the 100-300 blocks of Main Street on Friday, February 5, 2016, from 4:00 p.m. to 12:00 a.m. (SP15-52) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Fort Yuma Rotary Club, Inc. 3. MC 2015-254 Special Event Liquor License: German/American Friendship Club - German Fest on Madison Approve a Special Event Liquor License application submitted by Stephen Murphy, on behalf of the German/American Friendship Club of the Desert Southwest, for German Fest on Madison. The festival will be held on Madison Avenue between 1st Street and 2nd Street on Saturday, January 23, 2016, from 10:00 a.m. to 10:00 p.m. (SP15-57) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: German/American Friendship Club City of Yuma Page 2 Printed on 12/11/2015 City Council Meeting Agenda December 16, 2015 4. MC 2015-255 Special Event Liquor License: Yuma Art Symposium, Inc. - Yuma Art Symposium Approve a Special Event Liquor License application submitted by Pamela Neely Tomkins, on behalf of the Yuma Art Symposium, Inc., for the Yuma Art Symposium. The event will be held at the Gowan Building located at 370 S. Main Street on Saturday, February 27, 2016, from 4:00 p.m. to 12:00 a.m. (SP15-58) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Yuma Art Symposium 5. MC 2015-256 Special Event Liquor License: Silver Spur Rodeo, Inc. - Silver Spur Rodeo Approve a Special Event Liquor License application submitted by Patrick Lee Collins, on behalf of Silver Spur Rodeo, Inc., for the Silver Spur Rodeo. The event will be held at the Yuma County Fairgrounds located at 2520 E. 32nd Street on Friday, February 12, 2016 from 9:00 a.m. to 2:00 a.m., on Saturday, February 13, 2016 from 9:00 a.m. to 2:00 a.m., and on Sunday, February 14, 2016, from 9:00 a.m. to 9:00 p.m. (SP15-59) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Silver Spur Rodeo, Inc. 6. MC 2015-257 Bid Award: Downtown Water Line Replacement Award to the lowest responsive and responsible bidder for the construction of the Downtown Water Line Replacement project, for the total amount of $1,130,796.87 to: Grey Mountain Construction, LLC Yuma, Arizona. (Utilities - Bid #2016-20000082) (Jay Simonton/Robin Wilson) Attachments: 1. RFCCA Downtown Water Line Replacements 2. SPRDSHEET Downtown Waterline Replacements City of Yuma Page 3 Printed on 12/11/2015 City Council Meeting Agenda December 16, 2015 7. MC 2015-258 Request for Proposal (RFP): Feasibility Study & Project Assessment for the Relocation of the Yuma County Fairgrounds Authorize the City Administrator to negotiate and execute a contract for Professional Services to Complete a Feasbility Study & Project Assessment for the Relocation of the Yuma County Fairgrounds to the following firms beginning with the first firm listed. If negotiations for fees and services are successful with the selected consultant, as determined by the City, a contract for service will be prepared. In the event that negotiations for fees or services are not successful, the City will terminate those negotiations in writing and begin negotiations with the next consultant listed. Populous, Inc., Kansas City, Missouri C.H. Johnson Consulting, Inc., Chicago, Illinois (Community Development - RFP #2016-20000069) (Laurie Lineberry / Robin Wilson) Attachments: 1. RFCCA Feasibility Study for the Relocation of Fairgrounds 2. SPRDSHEET Feasibility Study for the Fairgrounds 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. R2015-047 City Council Guiding Principles, Code of Conduct and Office Protocol for Elected Officials Adopt a resolution that establishes standing guidelines and procedures related to elected officials. Attachments: 1. Guiding Principles RFCCA 2. Guiding Principles RES 2. R2015-048 Resolution of Support: Intergovernmental Public Transportation Authority Authorize a resolution in support of a legislative proposal that would revise A.R.S.§ 42-6106 to grant an Intergovernmental Public Transportation Authority (IPTA) the same authority as a Regional Transportation Authority (RTA) to levy a one-half cent Transporation Excise Tax if approved by the voters. (City Administration) (Greg Wilkinson) Attachments: 1. YCIPTA Support RFCCA 2. YCIPTA Support RES City of Yuma Page 4 Printed on 12/11/2015 City Council Meeting Agenda December 16, 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. O2015-061 Amendment to Yuma City Code: Title 21, Chapter 211 "Traffic Rules" Amend Yuma City Code, Title 21, Chapter 211 by amending section 09 to correct a scriveners error. (Police/Admin) (John Lekan) Attachments: 1.RFCCA Scriveners Error Correction on Texting While Driving Ban 2.ORD Scriveners Error Correction on Texting While Driving Ban 2. O2015-063 Real Property Acquisition: 24th Street Lift Station Authorize acquisition of approximately 6,000 square feet of real property to expand a City-owned lift station located at 24th Street and 27th Avenue. (City Administration) (Ricky Rinehart) Attachments: 1. RFCCA 24th St Liftstation 2. MAP 24thStLiftstation 3. ORD 24thStLiftstation 4. SUP DOC 24thStLiftstation City of Yuma Page 5 Printed on 12/11/2015 City Council Meeting Agenda December 16, 2015 3. O2015-065 Amend and Restate: (1) Phase Two Component Development and Disposition Agreement; (2) Phase Two Land and Improvements Lease; (3) Partial Assignment of Master Developer's Interest; (4) Fourth Amendment of Master Development and Disposition Agreement; and (5) Authorize an Eight-Year Abatement of the Government Property Lease Excise Tax on the Riverfront Development Phase Two Improvements Approve and authorize the City Administrator to: (1) execute an amended and restated Yuma Pivot Point Phase Two Component Development and Disposition Agreement that will include (2) an amended and restated 42-year Phase Two Land and Improvements Lease, (3) an amended and restated partial assignment of the Master Developer's interest in the described Phase Two Property, (4) a fourth amendment to the Master Development and Disposition Agreement, and (5) authorize abatement of the government property lease excise tax (GPLET) for a period of eight years on the Phase Two Improvements, a 64 unit apartment complex and a 4500 square foot restaurant, to be constructed by the developer, deeded to the City, and then leased back from the City to the developer. (City Administration/Yuma Crossing National Heritage Area) (Charles Flynn) Attachments: 1. RFCCA Yuma Riverfront Phase II DDA and Land and Improvements Lease 2. ORD Yuma Riverfront Phase II DDA and Land and Improvements Lease 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. O2016-001 Acquisition of Easement: 2454 W. 5th Street Authorize the acquisition of approximately 530 square feet of real property, located at 2454 W. 5th Street, by gift, dedication, easement, purchase or through the exercise of the power of eminent domain in order for the City to complete the re-routing of underground water lines and other public purposes. (City Administration) (Ricky Rinehart) Attachments: 1. RFCCA Acquisition of Easement 5th Street 2. MAP Acquisition of Easement 5th Street 3. ORD Acquisition of Easement 5th Street 4. EXH A Acquisition of Easement 5th Street City of Yuma Page 6 Printed on 12/11/2015 City Council Meeting Agenda December 16, 2015 2. O2016-002 Vacate Surplus Rights-of-Way and Authorize Transfer of Land on Arizona Avenue Approve an ordinance declaring certain described rights-of-way and a remnant parcel located at 2024 S. Arizona Avenue (upon final acquisition), surplus for City use, authorize the vacating of the surplus rights-of-way to the adjacent City-owned property, and authorize conveyance of the surplus right-of-way, the remnant parcel, and the adjacent City-owned property on Arizona Avenue in the Mesa Heights Neighborhood to the Housing Authority of the City of Yuma subject to certain restrictions. (Community Development/Neighborhood Services)(Laurie Lineberry) Attachments: 1. RFCCA Arizona Ave. Conveyance 2. MAP Arizona Ave. Conveyance 3. ORDINANCE Arizona Ave. Conveyance 4. EXH A Arizona Ave. Conveyance 5. EXH B Arizona Ave. Conveyance 3. O2016-003 Vacate Surplus Right-of-Way By Recorded Deed Upon Payment of Purchase Price Declare certain described right-of-way surplus for City use, authorize the vacating of the surplus right-of-way to the adjacent property owner through the recording of a deed upon the payment of the purchase price, and in the alternative, vacate the right-of-way to the City and authorize the sale of the surplus right-of-way with the sale of the adjacent parcel (previously declared surplus and authorized for sale by Ordinance No. O2013-38). This ordinance affects the rights-of-way at three locations: 3095 S. Avenue A (NEC Avenue A/Palmcroft) APN 695-25-130 1201 W. 16th Street (SWC Avenue A/16th Street) APN 664-40-158 1200 W. 16th Street (NWC Avenue A/16th Street) APN 664-32-125 Attachments: 1. RFCCA Vacated ROW and Surplus Properties 2. MAP Vacated ROW and Surplus Parcel #1 3. MAP Vacated ROW and Surplus Parcel #2 & #3 4. ORD Vacated ROW and Surplus Properties 5. EXH 'A' Vacated ROW and Surplus Properties V. PUBLIC HEARING AND RELATED ITEMS There are no public hearings scheduled at this time. City of Yuma Page 7 Printed on 12/11/2015 City Council Meeting Agenda December 16, 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: 1. Building Advisory Board: Two reappointments expiring 12/31/2020 2. Community Tree Board: One reappointment expiring 12/31/2020 3. Design and Historic Review Commission: Two reappointments expiring 12/31/2020 4. Housing Authority Commission: Three reappointments expiring 12/31/2020 5. Merit System Board: One reappointment expiring 12/31/2020 6. Parks, Arts, and Recreation Commission: Three reappointments expiring 12/31/2020 7. Residential Advisory Board: Four reappointments expiring 12/31/2020 8. Yuma Fire Public Safety Board: One appointment 9. Yuma Public Safety Police Board: One appointment 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 12/3/2015 through 12/16/2015. 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. City of Yuma Page 8 Printed on 12/11/2015 City Council Meeting Agenda December 16, 2015 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 Riverfront Phase Two Project. (ARS 38-431.03 A3 and A4) B. Discussion, consultation with and/or instruction to legal counsel regarding the Consent to Assignment and Assumption of Yuma Riverfront Development Sublease Agreement (Hotel and Conference Center Component) and pertinent documents. (ARS 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 9 Printed on 12/11/2015