City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, February 17, 2016 5:30 PM Yuma City Hall Council Chambers One City Plaza, Yuma 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 2016-050 Regular City Council Meeting Draft Minutes October 7, 2015 Attachments: 1. 2015_10_07_RCM_minutes 2. MC 2016-051 Regular City Council Meeting Draft Minutes October 21, 2015 Attachments: 1. 2015_10_21_RCM_minutes 3. MC 2016-052 City Council Citizen's Forum Draft Minutes December 15, 2015 Attachments: 1. 2015_12_15_CCF_Minutes City of Yuma Page 1 Printed on 2/11/2016 City Council Meeting Agenda February 17, 2016 4. MC 2016-053 Regular City Council Worksession Draft Minutes December 15, 2015 Attachments: 1. 2015_12_15_RWS_Minutes 5. MC 2016-054 City Council Citizen's Forum Draft Minutes January 19, 2016 Attachments: 1. 2016_01_19_CF_Minutes 6. MC 2016-055 City Council Citizen's Forum Draft Minutes February 2, 2016 Attachments: 1. 2016_02_02_CF_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 2016-042 Special Event Liquor License: Caballeros de Yuma - Midnight at the Oasis Approve a Special Event Liquor License Application submitted by Barry Olsen on behalf of Caballeros de Yuma for Midnight at the Oasis. The 3-day event will be held at Desert Sun Stadium located at 1280 W. Desert Sun Drive on Friday, March 4, 2016 from 10:00 a.m. to 12:00 a.m., Saturday, March 5, 2016 from 8:00 a.m. to 12:00 a.m., and Sunday, March 6, 2016 from 8:00 a.m. to 1:00 p.m. (SP16-06) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Caballeros de Yuma 3. MC 2016-043 Special Event Liquor License: The Officers' Spouses' Club of MCAS Yuma - Semper Fi Spring Benefit Approve a Special Event Liquor License Application submitted by Amber Dimmer on behalf of The Officers' Spouses' Club of MCAS Yuma for the Semper Fi Spring Benefit. The event will be held at the Million Air FBO located at 3681 Birch Way on Saturday, March 12, 2016 from 7:00 p.m. to 11:00 p.m. (SP16-07) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Officers' Spouses' Club of MCAS Yuma City of Yuma Page 2 Printed on 2/11/2016 City Council Meeting Agenda February 17, 2016 4. MC 2016-049 Liquor License: Wal-Mart Neighborhood Market #7320 Sampling Privileges Approve an application adding sampling privileges to an active Liquor License (Series #9 Liquor Store) submitted by Clare Hollie Abel, agent for Wal-Mart Neighborhood Market #7320, 2675 West 8th Street, Yuma, Arizona. (LL16-01S) Attachments: 1. RFCCA Liquor License Sampling Privileges: Wal-Mart #7320 5. MC 2016-045 Request for Proposal (RFP): Professional Design Services for Pacific Avenue Athletic Complex Authorize the City Administrator to execute a contract for design services for the Pacific Avenue Athletic Complex 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 services 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. Kimley-Horn, Phoenix, Arizona; HDR, Inc., Phoenix, Arizona (Parks & Recreation RFP #2016-20000104) (Deborah Wendt) Attachments: 1. RFCCA Design Svc.PAAC RFQ 2016-20000104 2. SPRD SHEET Design Svc.PAAC RFQ 2016-20000104 6. MC 2016-046 Consent to Assignment Agreement: Redevelopment and Economic Development Consultation and Analysis Services Consent to Assignment from NFPD, Inc., dba Nielsen-Fackler Planning and Development to DFPD, Inc. dba D. Fackler Planning and Development. (RFP #2011000155 / Yuma Crossing National Heritage Area) (Charles Flynn) Attachments: 1. RFCCA 2011000155 Assignment Name Change 1.doc 2. DFPD Assignment Consent.pdf City of Yuma Page 3 Printed on 2/11/2016 City Council Meeting Agenda February 17, 2016 7. MC 2016-047 Agreement Amendment: Redevelopment and Economic Development Consultation and Analysis Services Grant funding from the United States Environmental Protection Agency (EPA) was provided to the City of Yuma for the Redevelopment and Economic Development Consultation and Analysis. The terms and conditions of the EPA award require certain provisions be included in the agreement between the City and DFPD, Inc. Therefore, the City has prepared the first amendment to the agreement to comply with the award requirements. (RFP #2011000155 / Yuma Crossing National Heritage Area) (Charles Flynn) Attachments: 1. RFCCA Amendment: Redev. Ec Dev. Consultant 2. AGR Amendment: Redev. Ec Dev. Consultant 8. MC 2016-048 Memorandum of Understanding Amendment: 2015 Edward Byrne Justice Assistance Grant (JAG Program Award). Authorize the City Administrator to execute a First Amendment to the Memorandum of Understanding (MOU) with the Yuma County Sheriff's Office (YCSO) for the 2015 Edward Byrne Justice Assistance Grant (JAG), to align the termination date of the MOU with the JAG Agreement. (Police/Patrol) (John Lekan) Attachments: 1. RFCCA Amendment: 2015 JAG Grant 2. MOU Amendment: 2015 JAG Grant City of Yuma Page 4 Printed on 2/11/2016 City Council Meeting Agenda February 17, 2016 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. R2016-003 Intergovernmental Agreement: Consortium of the Federal HOME Program Authorize the Mayor to execute an Intergovermental Agreement with the City of San Luis, City of Somerton, the Town of Wellton and the County of Yuma to form a HOME Consortium for the purpose of receiving funds from the U.S. Department of Housing and Urban Development. (Community Development/Neighborhood Services) (Laurie Lineberry) Attachments: 1. RFCCA HOME IGA 2. RES HOME Consortium IGA 3. AGR HOME Consortium IGA 2. R2016-005 Preannexation Development Agreement: SYD-COLE Properties LLC Authorize a Preannexation Development Agreement with SYD-COLE Properties LLC for the development of an industrial use located at 2264 E. 13th Street. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Preannexation Dev Agr SYD-COLE 2. RES Preannexation Dev Agr SYD-COLE 3. AGMT. AGR-12695-2016 PDA SYD-COLE City of Yuma Page 5 Printed on 2/11/2016 City Council Meeting Agenda February 17, 2016 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. O2016-004 Lease: Verizon Wireless (VAW) LLC dba Verizon Wireless Authorize the City Administrator to execute a land lease with Verizon Wireless for the installation and maintenance of one monopalm cellular tower located at 1028 W. Colorado Street. (Administration) (Ricky Rinehart) Attachments: 1. RFCCA Verizon Lease 2. LEASE Verizon Final 3. MOU Verizon Lease 4. ORD Verizon Lease 5. EXH. A Verizon 2. O2016-005 Amend Ordinance No. O2007-66: Legal Description Amend the legal descriptions of Ordinance No. O2007-66 which authorized the acquisition of four parcels for 4th Avenue and 16th Street Intersection improvement right-of-way along the western side of 4th Avenue for Capital Improvement Program Project No. 5.0574. (Engineering) (Joshua Scott) Attachments: 1. RFCCA Rivercats.doc 2. ORD Rivercats.docx 3. O2016-006 Rezoning of Properties: Northwest corner of 24th Street and Avenue 9E Rezone 14.8 acres (includes rights-of-way, South Gila Canal and City Retention Basin) from the Agriculture (AG) District to the Medium Density Residential (R-2) District. The properties are located at the northwest corner of 24th Street and Avenue 9E. (ZONE-12006-2015). (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezoning NW Corner 24th St./Ave. 9E Pub. Hrg. 2. P&Z Rpt. Rezoning NW Corner 24th St./Ave. 9E Public Hearing 3. RESEARCH Rezoning NW Corner 24th St./Ave. 9E Public Hearing 4. OPPOSITION LTR Rezoning NW Corner 24th St./Ave. 9E Public Hearing 5. ORD Rezoning NW Corner 24th St./Ave. 9E Public Hearing City of Yuma Page 6 Printed on 2/11/2016 City Council Meeting Agenda February 17, 2016 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. O2016-007 Extinguish a right-of-way easement while reserving the previously dedicated utility easement: Gomez Plaza Authorize extinguishment of a portion of the right-of-way easement pursuant to Arizona Revised Statutes (A.R.S.) § 28-7214, while reserving the current utility easement, dated 7/22/2015 (Yuma County Recorder's Fee # 2015-16117). The extinguished right-of-way easement will be memorialized by the recording of a quitclaim deed or other instrument that reserves the utility easement. (Engineering) (Joshua Scott) Attachments: 1. RFCCA Gomez Plaza Easement 2. MAP Gomez Plaza Easement 3. ORD Gomez Plaza Easement 4. EXH A Gomez Plaza Easement 2. O2016-008 Amend Legal Description and Ratify Staff Actions: Kenyon's Market Inc. Amend the legal description of Parcel 2 set forth in Exhibit 2 to Ordinance O2015-041, which authorized the land exchange between the City of Yuma and Kenyon's Market, Inc. at the northwest corner of 16th Street and 4th Avenue intersection, and amend the legal description of Parcel 2 set forth in Exhibits 5 and 15 to the Real Property Exchange and Development Agreement, attached as Exhibit "A" to Resolution R2015-045, which approved and authorized the execution of the agreement with Kenyon's Market, Inc., including the terms of the exchange. The proposed Ordinance also ratifies City staff's actions in correcting the legal description including on the deed from Kenyon's Market Inc. to the City of Yuma. (Engineering) (Joshua Scott) Attachments: 1. RFCCA Amended Ord to Kenyons Markets Land Exchange Legal Desrip Parcel 2.docx 2. ORD Amendment to O2015-45 and R2015-41 to Correct Error to Parcel 2.docx City of Yuma Page 7 Printed on 2/11/2016 City Council Meeting Agenda February 17, 2016 V. PUBLIC HEARING AND RELATED ITEMS The following Public Hearing may result in the adoption of Resolution R2016-004 . 1. R2016-004 General Plan Amendment: Transportation Master Plan Approve the request to amend the City of Yuma 2012 General Plan to incorporate the City of Yuma Transportation Master Plan. The applicant is the City of Yuma. (GP-10924-2015). (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA GP Transportation Master Plan 2. PZ GP Transportation Master Plan 3. RES GP Transportation Master Plan 4. EXH A GP Transportation Master Plan 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: ∙ Clean and Beautiful Commission: One appointment to an unexpired term. ∙ Residential Advisory and Appeals Board: One appointment to an unexpired term. 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 February 4, 2016 through February 17, 2016. 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. City of Yuma Page 8 Printed on 2/11/2016 City Council Meeting Agenda February 17, 2016 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. There are no Executive Session items scheduled at this time. 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 2/11/2016