City Council Meeting

City of Yuma City Council Meeting REVISED Agenda Wednesday, December 19, 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 • Pacific Avenue Athletic Complex (PAAC): Presentation by City staff, independent auditing firm, bond counsel, and independent reviewing bond counsel regarding the history, acquisition and bond financing of the PAAC; followed by questions and/or discussion from City Council. • Deputy City Administrator: Outgoing words from current Deputy, Ron Corbin, as well as introduction of the new Deputy. 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): City of Yuma Page 1 Printed on 12/17/2018 City Council Meeting Agenda December 19, 2018 1. MC 2018-247 Regular Council Meeting Draft Minutes June 20, 2018 Attachments: 2018 06 20 RCM Minutes 2. MC 2018-248 Regular Council Worksession Draft Minutes July 17, 2018 Attachments: 2018 07 17 RWS Minutes 3. MC 2018-249 Council Citizen's Forum Draft Minutes December 4, 2018 Attachments: 2018 12 04 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 2018-232 Special Event Liquor License: Harvest Dinner, LLC - Harvest Dinner Approve a Special Event Liquor License application submitted by Amy Karvoski on behalf of Harvest Dinner, LLC, for Harvest Dinner. The event will take place at the Colorado River State Historic Park, 201 N. 4th Avenue, on Thursday, February 21, 2019, from 6:00 p.m. to 11:30 p.m. (SP18-40) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Spc Event LLicense: Harvest Dinner, LLC 2. MAP Special Event Liquor License: Harvest Dinner, LLC 3. MC 2018-233 Special Event Liquor License: Yuma Art Symposium, Inc. - Yuma Art Symposium Approve a Special Event Liquor License application submitted by Pamela Tomkins on behalf of Yuma Art Symposium, Inc. for Yuma Art Symposium. The event will take place at the Historic Gowan Building, 370 S. Main Street, on Saturday, February 23, 2019, from 4:00 p.m. to 12:00 a.m. (SP18-42) (City Administration/City Clerk) ( Lynda L. Bushong) Attachments: 1. RFCCA Spc Event LLicense: Yuma Art Symposium, Inc. 2. MAP Spc Event LLicense: Yuma Art Symposium, Inc. City of Yuma Page 2 Printed on 12/17/2018 City Council Meeting Agenda December 19, 2018 4. MC 2018-234 Special Event Liquor License: Fort Yuma Rotary Club - Mardi Gras Block Party Approve a Special Event Liquor License application submitted by Thomas Rush on behalf of Fort Yuma Rotary Club for the Mardi Gras Block Party. The event will take place on the 100-300 blocks of Main Street on Friday, February 8, 2019, from 4:00 p.m. to 12:00 a.m. (SP18-43) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Spc Event LLicense: Fort Yuma Rotary Club 2. MAP Spc Event LLicense: Fort Yuma Rotary Club 5. MC 2018-235 Special Event Liquor License: Fort Yuma Rotary Club - Penitentiary Pint Fest Approve a Special Event Liquor License application submitted by Thomas Rush on behalf of Fort Yuma Rotary Club for the Penitentiary Pint Fest. The event will take place at the Yuma Territorial Prison, 220 Prison Hill Road, on Saturday, April 13, 2019 from 5:30 p.m. to 9:30 p.m. (SP18-44) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Fort Yuma Rotary Club 2. MAP Special Event Liquor License: Fort Yuma Rotary Club 6. MC 2018-236 Special Event Liquor License: City of Yuma Parks and Recreation Department - Art in the Park Approve a Special Event Liquor License Application submitted by Lindsay Benacka on behalf of City of Yuma's Parks and Recreation Department for Art in the Park. The event will take place at the North end of Gila Street at Gateway Park, on Saturday, January 12, 2019 from 12:00 p.m. to 6:30 p.m. (SP18-45) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: City of Yuma Parks and Recreation 2. MAP Special Event Liquor License: City of Yuma Parks and Recreation City of Yuma Page 3 Printed on 12/17/2018 City Council Meeting Agenda December 19, 2018 7. MC 2018-237 Special Event Liquor License: Yuma Visitors Bureau - Iceberg Drop Approve a Special Event Liquor License application submitted by Linda Morgan on behalf of the Yuma Visitors Bureau for the Iceberg Drop. The event will take place on the 100-200 blocks of Main Street on Monday, December 31, 2018, from 8:00 p.m. to 1:00 a.m. (SP18-41) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Yuma Visitors Bureau 2. MAP Special Event Liquor License: Yuma Visitors Bureau 8. MC 2018-244 Temporary Extension of Premises: Texas Roadhouse Approve a Temporary Extension of Premises/Patio Permit application submitted by Lauren Kay Merrett on behalf of Texas Roadhouse for a motorcycle show. The event will take place in the back portion of the parking lot of Texas Roadhouse, located at 594 E. 16th Street, on Wednesday, January 16, 2019, from 4:00 p.m. to 12:00 a.m. (EP18-06) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Temp Ext of Premises: Texas Roadhouse 2. MAP Temp Ext of Premises: Texas Roadhouse 9. MC 2018-238 Cooperative Purchase Agreement: Projectmates Software License Authorize the purchase of a subscription for a Program Management Information System (PMIS) to be used by the Engineering Department offered by Systemates, Inc., by utilizing the cooperative purchase agreement originated by the Texas Department of Information Resources for an estimated expenditure of $123,900.00 from: Systemates, Inc. Richardson, Texas (Bid #2019-20000089- Engineering) (Jeff Kramer/Robin R. Wilson) Attachments: 1. RFCCA Projectmates Software and License City of Yuma Page 4 Printed on 12/17/2018 City Council Meeting Agenda December 19, 2018 10. MC 2018-239 Job Order Contract: Water & Wastewater Plants and Facilities Authorize the City Administrator to execute a three-year Job Order Contract (JOC) for Water & Wastewater Plants & Facilities, with the option to renew for two additional one-year periods, to the following contractors: KE&G Construction, Tucson, Arizona; PCL Construction, Tempe, Arizona; Pilkington Commercial Co., Inc., Yuma, Arizona (RFP #2019-20000042-Engineering) (Jeff Kramer/Robin R. Wilson) Attachments: RFCCA JOC: Water & Wastewater Plants & Facilities SPDSHEET JOC: Water & Wastewater Plants & Facilities 11. MC 2018-240 Job Order Contract: Concrete Flatwork & Structures Authorize the City Administrator to execute a three-year Job Order Contract (JOC) for Concrete Flatwork & Structures, with the option to renew for two additional one-year periods, to the following contractor: Stormwater Plans, LLC Yuma, Arizona. (RFP #2019-20000053- Engineering) (Jeff Kramer/Robin R. Wilson) Attachments: RFCCA JOC: Concrete Flatwork & Structures SPDSHEET JOC Concrete Flatwork & Structures 12. MC 2018-241 Job Order Contract: Utility Infrastructure Services Authorize the City Administrator to execute a three-year Job Order Contract (JOC) for Utility Infrastructure Services, with the option to renew for two additional one-year periods, to the following contractors: DPE Construction, Inc., Yuma, Arizona; PCL Construction, Tempe, Arizona; Yuma Valley Contractors, Inc., Yuma, Arizona. (RFP #2019-20000042-Engineering) (Jeff Kramer/Robin R. Wilson) Attachments: RFCCA JOC: Utility Infrastructure Svcs SPRDSHEET JOC: Utility Infrastructure Svcs City of Yuma Page 5 Printed on 12/17/2018 City Council Meeting Agenda December 19, 2018 13. MC 2018-242 Bid Award: Grass Seed (Various Types) Authorize the purchase of various types of grass seed for an estimated cost of $165,676.00 with the following firms: Harrell's LLC, Lakeland, Florida $154,756.00; Nutrien AG Solutions, Yuma, Arizona $10,920.00 (Bid #2019-20000071 - Parks & Recreation) (Debbie Wendt/Robin R. Wilson) Attachments: RFCCA Bid Award: Grass Seed SPRDSHEET Bid Award: Grass Seed 14. MC 2018-243 Cooperative Purchase Agreement: Network Infrastructure Hardware Authorize the purchase of Network Switch Infrastructure Hardware through Premier Educational Purchasing Program (PEPPM) for an estimated total cost of $167,705.65 to: CXtec, Inc. Syracuse, New York (Bid #2019-20000001- Information Technology Services) (Kathleen Fernandez/Robin Wilson) Attachments: RFCCA Network Infrastructure Hardware 15. MC 2018-245 Settlement of Claim: Fabela v. City of Yuma, et al. Authorize $85,000.00 settlement of Yuma County Superior Court Case No. S1400CV2018-00051, Fabela v. City of Yuma, et al. Attachments: RFCCA Settlement of Claim Fabela v. COY, et al.docx 16. MC 2018-246 Intergovernmental Agreement: State of Arizona (Arizona Department of Veterans Services) Authorize an Intergovernmental Agreement (IGA) with the Arizona Department of Veterans' Services (ADVS) for the provision of engineering services in support of the proposed Veterans Home project. (City Administration) Attachments: 1. RFCCA IGA AZ Dept Veterans Svc 2. AGR IGA AZ Dept Veterans Svc City of Yuma Page 6 Printed on 12/17/2018 City Council Meeting Agenda December 19, 2018 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. There are no resolutions scheduled at this time. 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. O2018-055 Amend Yuma City Code: NFPA 1 Fire Code 2018 Adoption with Local Amendments Amend Yuma City Code Chapter 131, Sections 131-15 through 131-19 and adopt by reference NFPA 1 Fire Code 2018, commonly known as National Fire Protection Association (NFPA) 1 Fire Code 2018, including Annexes A, B, D, and G, and local amendments. (Fire/Community Risk Reduction) (Steve Irr) Attachments: 1. RFCCA Amend Yuma City Fire Code 2. DRAFT Ord Amend Yuma City Fire Code 3. ORD Amend Yuma City Fire Code City of Yuma Page 7 Printed on 12/17/2018 City Council Meeting Agenda December 19, 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. O2019-001 Zoning Code Text Amendment: Composting Amend Title 15, Chapter 154, to add definitions related to Composting and to add regulations regarding Backyard Composting, Large Composting and Agricultural Composting. (Community Development/Community Planning)(Laurie Lineberry) Attachments: 1. RFCCA Zoning Text Amendment: Composting ZONE-23397-2018 2. P&Z RPT Zoning Code Text Amendment: Composting ZONE-23397-2018 3. ORD Zoning Code Text Amendment: Composting ZONE-23397-2018 2. O2019-002 Rezoning of Property: 695, 697, 707, 709 S. Clifford Way Rezone four parcels with a total area of approximately 39,329.4 square feet from the Agriculture (AG) District to the Medium Density (R-2) District, for the properties located at 695, 697, 707, and 709 S. Clifford Way, Yuma, AZ (ZONE-23372-2018) (Community Development/Community Planning)(Laurie LIneberry) Attachments: 1. RFCCA Rezoning: Clifford Way 2. P&Z RPT Rezoning: Clifford Way 3. ORD Rezoning: Clifford Way 3. O2019-003 Rezoning of Property: 600 W. 16th Street Rezone approximately 9,520 square feet from the Transitional (TR) District to the Limited Commercial (B-1) District, and maintaining the Infill Overlay (IO) District, for the property located at 600 W. 16th Street. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezoning: 600 W 16th Street 2. P&Z RPT Rezoning: 600 W 16th Street 3. ORD Rezoning: 600 W 16th Street City of Yuma Page 8 Printed on 12/17/2018 City Council Meeting Agenda December 19, 2018 4. O2019-004 Rezoning of Property: Near the northeast corner of 40th Street and Avenue C Rezone approximately 16.7 acres from the Agriculture/Conditional Residential Estate (AG/Cond. RE-12) District to the Low Density Residenital (R-1-6) District, for the property located near the northeast corner of 40th Street and Avenue C. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezone 40th St and Ave C 2. P&Z RPT Rezone 40th St and Ave C 3. ORD Rezone 40th St and Ave C 5. O2019-005 Rezoning of Property: 4550, 4546, 4560, and 4624 E. 32nd Street Rezone approximately 14.91 acres from the Agriculture (AG) District to the Light Industrial (L-I) Districts while maintaining the existing Airport Overlay (AD) District, for the properties located at Rezoning of Property: 4550, 4546, 4560, and 4624 E. 32nd Street. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezoning: E. 32nd Street 2. P&Z RPT Rezoning: E. 32nd Street 3. ORD Rezoning: E. 32nd Street V. PUBLIC HEARING AND RELATED ITEMS The Introduction of Ordinance O2019-006 may be considered by City Council during this Public Hearing. 1. O2019-006 Statutory Compliance Hearing/Amendment: Ordinance O2004-15 Conduct a public hearing pursuant to A.R.S. § 9-462.01 to determine compliance with the conditions of approval for rezoning Ordinance O2004-15, and introduce an ordinance to amend O2004-15 to extend the time to comply with the rezoning conditions. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Statutory Compliance Hearing/Amendment: Ordinance O2004-15 2. P&Z RPT Statutory Compliance Hearing/Amendment: Ordinance O2004-15 3. ORD Statutory Compliance Hearing/Amendment: Ordinance O2004-15 City of Yuma Page 9 Printed on 12/17/2018 City Council Meeting Agenda December 19, 2018 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: • Municipal Court Judge Pro Tem: One appointment • Planning and Zoning Commission: One appointment 2. Announcements: REVISED 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 December 6, 2018 through December 19, 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. 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. City of Yuma Page 10 Printed on 12/17/2018 City Council Meeting Agenda December 19, 2018 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 potential annexation of Mesa del Sol. (A.R.S. 38-431.03 A3, A4 & A7) B. Discussion, consultation with and/or instruction to legal counsel regarding a potential purchase and contract negotiations. (A.R.S. 38-431.03 A3, A4 & A7) C. Discussion, consultation with and/or instruction to legal counsel regarding the Salvation Army agreement and property. (A.R.S. 38-431.03 A3, A4 & A7) REVISED D. Discussion, consultation with and/or instruction to legal counsel, regarding a Preannexation Development Agreement with Territorial Real Estate, LLC., Park West Yuma Development, LLC., and Yuma Valley Land Company, LLC. (A.R.S 38-431.03 A3 & A4) E. Discussion, consultation with and/or instruction to legal counsel regarding Avenue 6E Investments, et al v. COY. (ARS 38-431.03 A3 & A4) ADDITION F. Discussion or consultation with City Council in order to consider its position and instruct the City Administrator and City Attorney regarding salaries, salary schedules or compensation paid to employees. (ARS 38-431.03 A1, A3, A4 & A5) ADDITION City of Yuma Page 11 Printed on 12/17/2018 City Council Meeting Agenda December 19, 2018 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 12 Printed on 12/17/2018