City Council Meeting

City of Yuma City Council Meeting REVISED Agenda Wednesday, November 21, 2018 5:30 PM Yuma City Hall Council Chambers One City Plaza, Yuma Notice is hereby given, pursuant to Resolution R2015-047 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 There are no presentations scheduled at this time. 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 2018-225 Regular Council Meeting Draft Minutes June 6, 2018 Attachments: 2018 06 06 RCM Minutes 2. MC 2018-226 Regular Council Worksession Draft Minutes June 19, 2018 Attachments: 2018 06 19 RWS Minutes City of Yuma Page 1 Printed on 11/16/2018 City Council Meeting Agenda November 21, 2018 3. MC 2018-227 Council Citizen's Forum Draft Minutes November 6, 2018 Attachments: 2018 11 06 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 2018-214 Liquor License: 270 Black Box Theatre Approve a new Series #05 Government Liquor License application submitted by Deborah Ann Wendt, agent for 270 Black Box Theatre located at 270 S. Main Street (LL18-15). (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Liquor License: 270 Black Box Theatre 2. MAP Liquor License 270 Black Box Theatre 3. MC 2018-215 Special Event Liquor License: Humane Society of Yuma - Poker for Paws Approve a Special Event Liquor License application submitted by Hilary Mulherin on behalf of the Humane Society of Yuma for Poker for Paws. The event will take place at 3:10 Autoworks located at 3222 S. Florence Lane on Saturday, December 15, 2018, from 4:00 p.m. to 11:59 p.m. (SP18-38) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Humane Society of Yuma 2. MAP Special Event Liquor License: Humane Society of Yuma City of Yuma Page 2 Printed on 11/16/2018 City Council Meeting Agenda November 21, 2018 4. MC 2018-217 Cooperative Purchase Agreement: Interlocal Agreement with Texas Department of Information Resources Authorize the City Administrator to enter into a Cooperative Purchase Agreement through an Interlocal Cooperative Contract with Texas Department of Information Resources for purpose of purchasing goods and services. (Purchasing/Robin R. Wilson) Attachments: 1. RFCCA Interlocal Agreement with Texas Department of Information Resources 2. AGMT Interlocal Agreement with Texas Department of Information Resoources 5. MC 2018-218 Declaration of Surplus and Bid Award: Sale of Firearms Declare surplus and award sale of firearms to the highest responsive/responsible offers for the Sale of Firearms (94) for a total of $14,608.00 from the following vendors: King's Firearms Online-$300.00 Columbia,Tennessee; Sierra Auction-$12,783.00 Phoenix, Arizona and Sprague's Sports-$1,525.00 Yuma, Arizona. (Police Department - RFO #2019-20000045) (John Lekan / Robin R. Wilson) Attachments: 1. RFCCA Declaration of Bid Award: Sale of Firearms 2. SPRDSHEET Declaration and Bid Award: Sale of Firearms 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. R2018-038 2018 City of Yuma Special Election Canvass Adopt the official canvass of the November 6, 2018, City of Yuma Special Election. (City Administration/ City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA 2018 Spc Election Canvass 2. RES 2018 Spc Election Canvass 3. EXH A Spc Election Canvass REVISED City of Yuma Page 3 Printed on 11/16/2018 City Council Meeting Agenda November 21, 2018 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. O2018-043 Amend Yuma City Code: Remove the Two Consecutive Term Appointment Restriction for the Clean and Beautiful Commission Amend § 50-21(G) of the Yuma City Code removing the reference of a two-term limit for the five-year term members of the Clean and Beautiful Commission (Public Works/Streets) (Joel Olea) Attachments: 1. RFCCA Amend Term Limits: Clean and Beautiful Commission 2. ORD Amend Term Limits: Clean and Beautiful Commission 2. O2018-044 Declare Surplus and Authorize Sale of Real Property: 15th Street and 4th Avenue Declare approximately 1.0989 acres of City-owned real property on the southeast corner of 15th Street and 4th Avenue as surplus, and authorize the sale of the surplus property through the City's real estate services contract or in the alternative, a sale, lease or exchange by separate agreement or request for proposal process approved by separate City Council action. (City Administration) (Greg Wilkinson) Attachments: 1. RFCCA Surplus-Sale: 15th St and 4th Ave 2. MAP Surplus-Sale 15th St and 4th Ave 3. ORD Surpluse-Sale: 15th St and 4th Ave 3. O2018-045 Rezoning of Property: 1195 E. 16th Street Rezone approximately 36,100 square feet from the Agriculture (AG) District to the General Commercial/Aesthetic Overlay (B-2/AO) District, for the property located at 1195 E. 16th Street, Yuma, AZ (ZONE-23131-2018). (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezoning of Property: 1195 E. 16th St 2. P&Z RPT Rezoning of Property: 1195 E. 16th St 3. ORD Rezoning of Property: 1195 E. 16th St City of Yuma Page 4 Printed on 11/16/2018 City Council Meeting Agenda November 21, 2018 4. O2018-046 Rezoning of Property: 16th Street and Arizona Avenue Rezone approximately 5.75 acres for the properties located at the southwest corner of 16th Street and Arizona Avenue and a portion of Maple Avenue, from the General Commercial (B-2) and Light Industrial (L-I) Districts to the General Commercial/Aesthetic Overlay (B-2/AO) District. (Community Development/Community Planning)(Laurie Lineberry) Attachments: 1. RFCCA Rezoning of Property: SW Corner of 16th St and Arizona Ave 2. P&Z Rezoning of Property: SW Corner of 16th St and Arizona Ave 3. ORD Rezoning of Property: SW Corner of 16th St and Arizona Ave 5. O2018-047 Vacate Alley Right-of-Way Declare 391 square feet of alley surplus for City use in the south 100 block between Madison Avenue and Main Street and authorize vacating the described 391 square feet to Yuma County by quitclaim deed. (City Engineering) (Jeff Kramer). Attachments: 1. RFCCA Vacate Alley Right-of-Way 2. MAP Vacate Alley Right-of-Way 3. ORD Vacate Alley Right-of-Way 4. EXH A Vacate Alley Right-of-Way 6. O2018-048 Code Text Amendment: Requirement for Covered Loads and Civil Penalties for Violations Amend the Yuma City Code Chapter 211-07 to require all loads of scrap, debris, landscape trimmings, dirt, gravel, rocks, recyclable materials or any other type of waste products or trash be securely covered and to provide for civil penalties for violations. (Administration) (Ron Corbin) Attachments: 1. RFCCA Code Text Amendment: Covered Loads and Civil Penalties 2. ORD Code Text Amendment: Covered Loads and Civil Penalties City of Yuma Page 5 Printed on 11/16/2018 City Council Meeting Agenda November 21, 2018 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. O2018-049 Scrivener’s Error: Ordinance No. O2018-042- Legal Description Amend the legal description of Ordinance No. O2018-042 which authorized the declaration of 1,836 square feet of right-of-way at 2505 W. 28th Street as surplus and authorize vacating of the surplus property to the adjacent owner upon payment of market value to the City. (City Attorney) (Richard Files) Attachments: 1. RFCCA Scrivener's Error: O2018-042-Legal Desc 2. MAP Scrivener's Error: O2018-042-Legal Desc 3. ORD Scrivener's Error: O2018-042-Legal Description 4. EXH A Scrivener's Error: O2018-042-Legal Description 2. O2018-050 Amend Yuma City Code: 2018 International Building Code and Amendments Dated May 16, 2018 Amend Yuma City Code Chapter 150, Sections 150-015 and 150-016 and adopt by reference the 2018 International Building Code, including Appendices C, I, and J, and Amendments dated May 16, 2018.(Commununity Development/Building Safety)(Laurie Lineberry) Attachments: 1. RFCCA Amend Yuma City Code: 2018 IBC 2. ORD Amend Yuma City Code: 2018 IBC 3. O2018-051 Amend Yuma City Code: 2018 International Residential Code and Amendments Dated June 5, 2018 Amend Yuma City Code Chapter 150, Sections 150-180 and 150-181 and adopt by reference the 2018 International Residential Code For One- And Two-Family Dwellings including Appendices G, H, J, K, O, P, Q, and S, and Amendments dated June 5, 2018. (Community Development/Building Safety) (Laurie Lineberry) Attachments: 1. RFCCA Amend Yuma City Code: 2018 IRC 2. ORD Amend Yuma City Code: 2018 IRC City of Yuma Page 6 Printed on 11/16/2018 City Council Meeting Agenda November 21, 2018 4. O2018-052 Amend Yuma City Code: 2018 International Existing Building Code and Amendments Dated May 16, 2018 Amend Yuma City Code Chapter 150, Section 150-170 and 150-171 and adopt by reference the 2018 International Existing Building Code, including Appendix A, and Amendments dated May 16, 2018. (Community Development/Building Safety) (Laurie Lineberry) Attachments: 1. RFCCA Amend Yuma City Code: 2018 IEBC 2. ORD Amend Yuma City Code: 2018 IEBC 5. O2018-053 Amend Yuma City Code: 2018 International Property Maintenance Code and Amendments Dated June 5, 2018 Amend Yuma City Code Chapter 150, Sections 150-090 and 150-091 and adopt by reference the 2018 International Property Maintenance Code, including Appendix A, and Amendments dated June 5, 2018.(Community Development/Building Safety) (Laurie Lineberry) Attachments: 1. RFCCA Amend Yuma City Code: 2018 IPMC 2. ORD Amend Yuma City Code: 2018 IPMC 6. O2018-054 Amend Yuma City Code: 2018 International Swimming Pool and Spa Code and Amendments Dated June 19, 2018 Amend Yuma City Code Chapter 150, Add Sections 150-18 and 150-19 and adopt by reference the 2018 International Swimming Pool and Spa Code and Amendments dated June 19, 2018. (Community Development/Building Safety) (Laurie Lineberry) Attachments: 1. RFCCA Amend Yuma City Code: ISPSC 2018 2. ORD Amend Yuma City Code: ISPSC 2018 City of Yuma Page 7 Printed on 11/16/2018 City Council Meeting Agenda November 21, 2018 V. PUBLIC HEARING AND RELATED ITEMS The following public hearings may result in the adoption of Resolutions R2018-039, R2018-040 and R2018-041. 1. R2018-039 General Plan Amendment: Avenue 6E Land Approve the Major Amendment request to amend the City of Yuma General Plan to change the land use designation from Rural Density Residential to Low Density Residential, for property located at the northeast corner of Avenue 5½E and 48th Street. The applicant is Avenue 6E Land LLC (GP-22258-2018). (Community Development/Community Planning)(Laurie Lineberry) Attachments: 1. RFCCA GP-22258-2018 General Plan Amendment: Ave 6E 2. P&Z RPT GP-22258-2018 General Plan Amendment: Ave 6E Land 3. RES GP-22258-2018 General Plan Amendment: Ave 6E Land 2. R2018-040 General Plan Amendment: Vista Farms, LLC Approve the Major Amendment request to amend the City of Yuma General Plan to change the land use designation from Commercial, Mixed Use and Medium Density Residential to Low Density Residential, for property located at the southwest corner of Araby Road and 32nd Street. The applicant is Vista Farms, LLC (GP-22574-2018). (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA GP-22574-2018 General Plan Amendment: Vista Farms 2. P&Z RPT GP-22574-2018 General Plan Amendment: Vista Farms 3. RES GP-22574-2018 General Plan Amendment: Vista Farms 3. R2018-041 General Plan Amendment: Elliot Construction, Inc. Approve the Major Amendment request to amend the City of Yuma General Plan to change the land use designation from Commercial to Low Density Residential, for property located at the southeast corner of Araby Road and 32nd Street. The applicant is Elliot Construction, Inc (GP-22376-2018). (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA GP-22376-2018 General Plan Amendment: Araby Crossing 2. P&Z RPT GP-22376-2018 General Plan Amendmnet: Araby Crossing 3. RES GP-22376-2018 General Plan Amendment: Araby Crossing City of Yuma Page 8 Printed on 11/16/2018 City Council Meeting Agenda November 21, 2018 4. MC 2018-220 Annexation Area No. ANEX-23134-2018: Patagonia This is a public hearing to consider the annexation of property located at the southeast corner of Avenue 9E and 24th Street. (ANEX-23134-2018). (Community Development/Community) ( Laurie Lineberry) Attachments: 1. RFCCA ANEX-23134-2018 Patagonia 2. MAP ANEX-23134-2018 Patagonia 3. SUPP DOC ANEX-23134-2018 Patagonia 4. PET ANEX-23134-2018 Patagonia 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 November 8, 2018 through November 21, 2018. 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 9 Printed on 11/16/2018 City Council Meeting Agenda November 21, 2018 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 Boys and Girls Club agreement and property. (A.R.S. 38-431.03 A3, A4 & A7) B. Discussion, consultation with and/or instruction to legal counsel regarding potential litigation. (A.R.S. 38-431.03 A3 & 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 11/16/2018