City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, November 15, 2017 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 • Recognition of the 2017 American Planning Association Award 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 2017-232 Regular Council Meeting Draft Minutes June 21, 2017 Attachments: 2017 06 21 RCM Minutes 2. MC 2017-233 Regular Council Worksession Draft Minutes September 19, 2017 Attachments: 2017 09 19 RWS Minutes City of Yuma Page 1 Printed on 11/9/2017 City Council Meeting Agenda November 15, 2017 3. MC 2017-234 Council Citizen's Forum Draft Minutes October 16, 2017 Attachments: 2017 10 16 CCF 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 2017-223 Liquor License: Arizona Market Bar & Grill Approve a Series #07 Beer & Wine Bar/Person Transfer Liquor License Application submitted by Najeh Edais, agent for Arizona Market Bar & Grill located at 3351 S. Avenue 4E (LL17-14) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Liquor License: Arizona Market Bar & Grill 3. MC 2017-224 Special Event Liquor License: Fort Yuma Rotary - Mardi Gras Block Party Approve a Special Event Liquor License application submitted by Thomas Rush on behalf of Fort Yuma Rotary for Mardi Gras Block Party. The event will take place on the 100-300 blocks of Main Street on Friday, February 9, 2018, from 4:00 p.m. to 12:00 a.m. (SP18-02) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Fort Yuma Rotary 4. MC 2017-225 Agreement: Cabelleros de Yuma Authorize the City Administrator to execute an agreement with the Caballeros de Yuma for use of Parks & Recreation facilities for specified events. (Parks & Recreation / Administration) (Debbie Wendt) Attachments: 1. RFCCA Agreement: Caballeros de Yuma City of Yuma Page 2 Printed on 11/9/2017 City Council Meeting Agenda November 15, 2017 5. MC 2017-226 Agreement: Harvest Preparatory Academy Emergency Relocation Site Authorize the City Administrator to execute an agreement with Harvest Preparatory Academy to use Desert Sun Stadium to relocate students in the event of an emergency. (Parks and Recreation / Administration) (Debbie Wendt) Attachments: 1. RFCCA Agreement: Harvest Prepatory Academy 2. AGMT Agreement: Harvest Preparatory Academy 6. MC 2017-228 Grant Agreement: Arizona Department of Homeland Security Authorize the City Administrator to execute a grant agreement with the Arizona Department of Homeland Security for reimbursement of funds expended for materials, labor, and travel as it relates to the Critical Public Safety Infrastructure Upgrade - YRCS Regional Microwave Radio Network Upgrade / Gateway Agreement Number 170411-01. (Information Technology Services/YRCS) (Ron Corbin) Attachments: 1. RFCCA Grant Agreement: Arizona Department of Homeland Security 2. SUPP DOC Grant Agreement: Arizona Department of Homeland Security 3. AGMT Grant Agreement: Arizona Department of Homeland Security 7. MC 2017-229 Lease-Purchase Agreement: Motorola Solutions, Inc. Authorize the purchase of portable two-way radios and maintenance services from Motorola Solutions, Inc. under the Communications System Agreement, approved in 2003, at an estimated cost of $1,031,835.86, and authorize and direct the City Administrator to execute a Lease-Purchase Agreement to spread the cost of the equipment over a seven years. (Information Technology Services - RFP #2003000453) (Ron Corbin) Attachments: 1. RFCCA Lease-Purchase Agreement: Motorola Solutions, Inc. 2. SUPP DOC Lease-Purchase Agreement: Motorola Solutions, Inc. 3. SUPP DOC Lease-Purchase Agreement: Motorola Solutions, Inc. City of Yuma Page 3 Printed on 11/9/2017 City Council Meeting Agenda November 15, 2017 8. MC 2017-230 Request for Proposal (RFP): Professional Insurance Broker / Risk Management Consulting Services and other Related 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 a time. The first year cost for these services is estimated at $34,500.00 for calendar year 2018 with a total estimated cost of $182,500.00 over the five-year life of the contract depending on the appropriation of funds and satisfactory performance for Professional Insurance Broker / Risk Management Consulting Services and other Releated Services with the following firm: Willis Towers Watson / Willis of Arizona, Inc., Scottsdale, Arizona (RFP # 2018-20000061 City Attorney) (Richard Files/Robin R. Wilson) Attachments: 1. RFCCA RFP Insurance Broker Services 2. SPRDSHEET RFP Insurance Broker Services 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. R2017-032 2017 City of Yuma General Election Canvass Declare the results of the November 7, 2017 City of Yuma General Election through the official canvass. (City Clerk) (Lynda Bushong) Attachments: 1. RFCCA 2017 General Election Canvass 2. RES 2017 General Election Canvass 3. EXH 2017 General Election Canvass III. MOTION TO CERTIFY FACTS OF 2017 CITY OF YUMA GENERAL ELECTION Certify the facts through the Official Canvass to the Superior Court of the State of Arizona, in and for the County of Yuma, showing the margin of votes received between candidates Karen Watts and Gregory Counts is less than or equal to the margin requiring an automatic recount under ARS § 16-661. City of Yuma Page 4 Printed on 11/9/2017 City Council Meeting Agenda November 15, 2017 IV. 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. O2017-042 Vacating Surplus Right-of-Way: Arizona Sands RV Resort LLC and Arizona Sands RV TIC LLC Declare as surplus for City use certain described right-of-way, and authorize vacating the surplus right-of-way to the abutting property owners, as tenants in common, upon the recording of a quit claim deed. (Engineering)(Jeff Kramer). Attachments: 1. RFCCA Vacating Surplus ROW: Arizona Sands 2. MAP Vacating Surplus ROW: Arizona Sands 3. ORD Vacating Surplus ROW: Arizona Sands 2. O2017-043 Rezoning of Properties: 1443, 1449, and 1457 S. 5th Avenue Rezone approximately 22,500 square feet from the Low Density Residential (R-1-6) District to the Transitional (TR) District. These properties are located 70 feet southeast of the intersection of 5th Avenue and 14th Place. ZONE-18764-2017. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezoning of Properties: 1443, 1449 and 1457 S. 4th Ave. 2. P&Z RPT Rezoning of Properties: 1443, 1449 and 1457 S. 5th Ave. 3. ORD Rezoning of Properties: 1443, 1449, and 1457 S. 4th Ave. 3. O2017-044 Utility Easement: Arizona Public Service Authorize the granting of a utility easement to Arizona Public Service on City-owned property located in the vicinity of Avenue 8E and 32nd Street as depicted in the attached location map. (City Attorney) (Richard Files) Attachments: 1. RFCCA Utility Easement: Arizona Public Service 2. MAP Utility Easement: Arizona Public Service 3. ORD Utility Easement: Arizona Public Service 4. EXH A. Utility Easement: Arizona Public Service City of Yuma Page 5 Printed on 11/9/2017 City Council Meeting Agenda November 15, 2017 4. O2017-045 Authorize Sale of Residential Property: 1350 W. 12th Street Declare as surplus City-owned residential property located at 1350 W. 12th Street and authorize the sale of the surplus property through the City's real estate services contract. (City Attorney) (Richard W. Files) Attachments: 1. RFCCA Authorize Sale of Residential Property: 1350 W. 12th St. 2. MAP Authorize Sale of Residential Property: 1350 W. 12th St. 3. ORD Authorize Sale of Residential Property: 1350 W. 12th St. 4. EXH A Authorize Sale of Residential Property: 1350 W. 12th St. V. 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. O2017-046 Vacate Street Right-of-Way: New Fleet Shop Facility Vacate Street Right-of-Way to be tied to adjacent City of Yuma parcel for the new Fleet Shop Facility. (Engineering/Engineering CIP) (Jeff Kramer) Attachments: 1. RFCCA ROW Fleet Shop 2. MAP ROW Fleet Shop 3. ORD ROW Fleet Shop 4. EXH A ROW Fleet Shop 2. O2017-047 Real Property Sale or Exchange - Northeast Corner of 16th Street and 4th Avenue Declare two parcels of vacant City-owned property located at the northeast corner of 16th Street and 4th Avenue surplus, and authorize the sale or exchange of the surplus properties with the reservation of an aesthetic easement for a monument wall. (City Attorney) (Richard W. Files) Attachments: 1. RFCCA Surplus Property - 16th St. & 4th Ave. 2. MAP Surplus Property - 16th Street and 4th Avenue 3. ORD Surplus Property - 16th St. & 4th Ave. City of Yuma Page 6 Printed on 11/9/2017 City Council Meeting Agenda November 15, 2017 VI. PUBLIC HEARING AND RELATED ITEMS MC 2017-181 may be approved in conjunction with the below noted public hearing. 1. MC 2017-181 Certified Audit Final Report: Development Impact Fee Conduct a public hearing on the Development Fee Biennial Certified Audit in accordance with Arizona Revised Statutes (A.R.S.) § 9-463.05 and Yuma City Code § 157.05. (Engineering/Development Engineering) (Andrew McGarvie) Attachments: 1. RFCCA Development Impact Fee Audit Report 2. RPT Development Impact Fee Audit Report MC 2017-231 may be approved in conjunction with the below noted public hearing. 2. MC 2017-231 Annexation Area No. ANEX-19716-2017: Avenue 3E and 40th Street This is a public hearing to consider the annexation of property located at the southeast corner of Avenue 3E and 40th Street. (ANEX-19716-2017). (Community Development/Community Planning)(Laurie Lineberry) Attachments: 1. RFCCA PH ANEX-19716-2017 Avenue 3E and 40th Street 2. MAP PH ANEX-19716-2017 Avenue 3E and 40th Street 3. RESEARCH PH ANEX-19716-2017 Avenue 3E and 40th Street 4. PET PH ANEX-19716-2017 Avenue 3E and 40th Street Resolution R2017-031 may be adopted in conjunction with the below noted public hearing. 3. R2017-031 General Plan Amendment: Smoketree Desert Land L.L.C. Approve the Major Amendment request to amend the City of Yuma General Plan to change the land use designation from Public/Quasi-Public to Medium Density Residential, for property located at the SWC of Avenue 7½E and 36th Street. The applicant is Smoketree Desert Land L.L.C. (GP-18458-2017). (Community Development/Community Planning)(Laurie Lineberry) Attachments: 1. RFCCA PH GP-18458-2017 Smoketree Desert Land, L.L.C. 2. P&Z RPT PH GP-18458-2017 Smoketree Desert Land, L.L.C. 3. RES PH GP-18458-2017 Smoketree Desert Land, L.L.C. City of Yuma Page 7 Printed on 11/9/2017 City Council Meeting Agenda November 15, 2017 FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. VII. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. Appointments: • Yuma Area Benefit Consortium: 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 November 2, 2017 through November 15, 2017. 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. VIII. 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 8 Printed on 11/9/2017 City Council Meeting Agenda November 15, 2017 IX. 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. X. 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 City agreement with Spectrum. (ARS 38-431.03 A3 & A4) B. Discussion, consultation with and/or instruction to legal counsel, regarding the Pivot Point Hotel & Conference Center, Riverfront DDA and First Phase Lease, Assignment, Modifications and Amendment. (ARS 38-431.03 A3 and A4) C. Discussion, consultation with and/or instruction to legal counsel, regarding the Service Line Warranties of America agreement. (ARS 38-431.03 A3 & A4) D. Discussion, consultation with and/or instruction to legal counsel, regarding the legal matters related to the bankruptcy of Nita Louise Buckner. (ARS 38-431.03 A3 & A4) E. Discussion and/or consideration of employment, assignment, appointment, promotion, or salaries of a public officer, appointee or employee. (ARS 38-431.03 A1) 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 11/9/2017