City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, February 6, 2019 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 2019-029 Regular Council Worksession Draft Minutes August 14, 2018 Attachments: 2018 08 14 RWS Minutes 2. MC 2019-030 Regular Council Meeting Draft Minutes September 19, 2018 Attachments: 2018 09 19 RCM Minutes City of Yuma Page 1 Printed on 2/1/2019 City Council Meeting Agenda February 6, 2019 3. MC 2019-031 Council Citizen's Forum Draft Minutes January 15, 2019 Attachments: 01 15 2019 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 2019-018 Special Event Liquor License: Caballeros De Yuma, Inc. - Bull of the Desert Strong Man Approve a Special Event Liquor License application submitted by Barry Olsen on behalf of Caballeros De Yuma, Inc. for Bull of the Desert Strong Man. The event will take place at Desert Sun Stadium, 1280 W. Desert Sun Drive, on Saturday, February 16, 2019 from 8:00 a.m. to 8:00 p.m. (SP19-01) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Caballeros De Yuma, Inc. 2. MAP Special Event Liquor License: Caballeros De Yuma, Inc. 3. MC 2019-019 Special Event Liquor License: Caballeros De Yuma, Inc. - Midnight at the Oasis Approve a Special Event Liquor License application submitted by Barry Olsen on behalf of Caballeros De Yuma, Inc. for Midnight at the Oasis. The event will take place at Desert Sun Stadium, 1280 W. Desert Sun Drive, on Friday March 1, 2019 from 8:00 a.m. to 12:00 a.m., Saturday March 2, 2019 from 8:00 a.m. to 12:00 a.m., and Sunday March 3, 2019 from 8:00 a.m. to 2:00 p.m. (SP19-02) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Caballeros De Yuma, Inc. 2. MAP Special Event Liquor License: Caballeros De Yuma, Inc. City of Yuma Page 2 Printed on 2/1/2019 City Council Meeting Agenda February 6, 2019 4. MC 2019-020 Special Event Liquor License: The Golden Roadrunner, Inc. - End of Season Country Hoedown Approve a Special Event Liquor License application submitted by Susan Roff on behalf of The Golden Roadrunner, Inc., for the End of Season Country Hoedown. The event will take place at The Golden Roadrunner Ballroom, 274 S. Main Street, on Tuesday, March 5, 2019, from 4:30 p.m. to 8:30 p.m. (SP19-03) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: The Golden Roadrunner, Inc. 2. MAP Special Event Liquor License: The Golden Roadrunner, Inc. 5. MC 2019-022 Special Event Liquor License: Foothills Optimist Club of Yuma, Inc. - Wine Tasting Approve a Special Event Liquor License application submitted by Theodore Fisher Gaffin, on behalf of Foothills Optimist Club of Yuma, Inc., for Wine Tasting. The event will take place at the Sanguinetti House Museum, 240 S. Madison Avenue, on Saturday, March 23, 2019, from 6:00 p.m. to 9:00 p.m. (SP19-04) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Foothills Optimist Club of Yuma, Inc. 2. MAP Special Event Liquor License: Foothills Optimist Club of Yuma, Inc. 6. MC 2019-023 Bid Rejection: Graphic Vehicle Decals Reject all bids for the Graphic Vehicle Decals. (Public Works - Fleet Services - Bid #2019-20000094) (Joel Olea / Robin R. Wilson). Attachments: 1. RFCCA Bid Rejection: Graphic Vehicle Decals 7. MC 2019-024 Sole Source Contract: Software Maintenance Agreement Authorize the City Administrator to execute a renewal contract for Software Maintenance Agreement for a term of five years at an estimated total cost of $111,600.00 to be paid in advance to: Radio IP Software, Inc. Quebec, Canada. (Information Technology Bid #2019-20000105) (Kathleen Fernandez/Robin Wilson) Attachments: 1. RFCCA Sole Source Contract: Software Maintenance Agreement 2. AGMT Sole Source Contract: Software Maintenance Agreement City of Yuma Page 3 Printed on 2/1/2019 City Council Meeting Agenda February 6, 2019 8. MC 2019-025 Grant Agreement: Arizona Criminal Justice Commission - Department of Justice Technology Innovation for Public Safety Authorize the City Administrator to execute a grant agreement with the Arizona Criminal Justice Commission and accept funds received under the U.S. Department of Justice Technology Innovation for Public Safety grant to purchase Brasstrax and Matchpoint hardware for connection to National Integrated Ballistics Information Network and the Alcohol, Tobacco and Firearms National Correlation Center. (Police/Administration) (John Lekan) Attachments: 1. RFCCA AGMT DOJ TIPS Grant 2. AGMT DOJ TIPS Grant 9. MC 2019-027 Infrastructure & Services Report: ANEX-23134-2018 Patagonia Approve an Infrastructure and Services Report for Annexation Area No. ANEX-23134-2018, identified as the Patagonia Annexation, located at the southeast corner of Avenue 9E and 24th Street. (Community Development/Community Planning)(Laurie Lineberry) Attachments: 1. RFCCA IIP ANEX-23134-2018 Patagonia 10. MC 2019-028 Intergovernmental Agreement: Arizona Western College Law Enforcement Training Academy Facility Authorize the City Administrator to enter into an agreement with Arizona Western College to establish a full time, regional Law Enforcement Training Academy facility. (Police/Support Services) (John Lekan) Attachments: 1. RFCCA AWC Law Enforcement Training Academy Facility 2. IGA AWC Law Enforcement Training Academy Facility 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 for adoption at this time. City of Yuma Page 4 Printed on 2/1/2019 City Council Meeting Agenda February 6, 2019 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. O2019-007 Amend Yuma City Code: Title 19: Public Works, Chapter 191 Industrial Waste and Other Wastewater Discharges Amend Yuma City Code Title 19: Public Works, Chapter 191 Industrial Wastes and Other Wastewater Discharges to address ADEQ deficiencies. (Utilities/Wastewater) (Jay Simonton) Attachments: 1. RFCCA Amend Yuma City Code Title 19 Chapter 191 2. ORD Amend Yuma City Code Title 19 Chapter 191.doc 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. O2019-008 Amend Yuma City Code: Title 7, Chapter 71 Alcoholic Beverages Amend the Yuma City Code, Title 7, Chapter 71, entitled Alcoholic Beverages, to update the liquor license categories, to mirror those of the Arizona Department of Liquor Licenses and Control, and increase the City's Special Event Liquor License application fee. (City Administration/City Clerk) (Lynda Bushong) Attachments: 1. RFCCA Liquor License Code Amendments 2. SPRD SHEET Liquor License Amendment 3. ORD Liquor License Code Amendments City of Yuma Page 5 Printed on 2/1/2019 City Council Meeting Agenda February 6, 2019 2. O2019-009 Annexation Area No. ANEX-23134-2018: Patagonia Authorize annexation of property generally located at the southeast corner of Avenue 9E and 24th Street. (ANEX-223134-2018) (Community Development/Community Planning)(Laurie Lineberry) Attachments: 1. RFCCA ORD ANEX-23134-2018.docx 2. Petition ANEX-23134-2018.docx 3. ORD ANEX-23134-2018 Patagonia.doc 3. O2019-010 Rezoning of Property: 2920 S. Kish Avenue Rezone a 1.13-acre parcel from the Light Industrial (L-I) District to the Heavy Industrial (H-I) District, while maintaining the Airport Overlay (AD) District, for the property located at 2920 S. Kish Avenue, Yuma, AZ (ZONE-24037-2018)(Community Development/Community Planning)(Laurie Lineberry) Attachments: 1. RFCCA Rezoning: 2920 Kish Avenue 2. P&Z RPT Rezoning: 2920 Kish Avenue 3. ORD Rezoning: 2920 Kish Avenue 4. O2019-012 Rezoning of Property: Southwest corner of S. 4th Avenue and the W. 38th Street alignment Rezone approximately 10 acres from the Agriculture (AG) District to the General Commercial (B-2) District, while maintaining the existing Airport Overlay (AD) District, for the property located at the southwest corner of S. 4th Avenue and the W. 38th Street alignment. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezoning of Property: 4th Ave and the W. 38th St. Alignment 2. P&Z RPT Rezoning of Property: 4th Ave and the W. 38th St. Alignment 3. ORD Rezoning of Property: 4th Ave and the W. 38th St. Alignment V. PUBLIC HEARING AND RELATED ITEMS There are no public hearings scheduled at this time. FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. City of Yuma Page 6 Printed on 2/1/2019 City Council Meeting Agenda February 6, 2019 VI. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. Appointments: CITY COUNCIL APPOINTED POSITIONS/COMMITTEES: • Deputy Mayor • Greater Yuma Economic Development Corporation, Executive Board • Greater Yuma Economic Development Corporation, Board of Directors • Greater Yuma Port Authority • Greater Yuma Port Authority - Citizen Appointment • Western Arizona Council of Governments, Executive Board • Western Arizona Council of Governments, Council on Aging • Western Arizona Council of Governments, Yuma County Advisory Board • Yuma Metropolitan Planning Organization, Executive Board, three terms/appointments • Yuma Fire Public Safety Board • Yuma Public Safety Police Board BOARD AND COMMISSION APPOINTMENTS: • Building Advisory Board: One appointment • Residential Advisory Board: Three appointments 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 January 17, 2019 through February 6, 2019. 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 7 Printed on 2/1/2019 City Council Meeting Agenda February 6, 2019 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 rezoning of property at the northwest corner of S. Avenue 9E and E. 24th Street. (A.R.S. 38-431.03 A3, A4 & A7) B. Discussion, consultation with and/or instruction to legal counsel regarding potential economic development agreements. (A.R.S. 38-431.03 A3, A4 & A7) C. Discussion, consultation with and/or instruction to legal counsel regarding potential litigation. (A.R.S. 38-431.03 A3 & A4) City of Yuma Page 8 Printed on 2/1/2019 City Council Meeting Agenda February 6, 2019 D. Discussion, consultation with and/or instruction to legal counsel regarding the following legal matters (ARS 38-431.03 A3, A4 and A7): 1. Avenue 6E Investments, et al v. COY 2. Pearce v. COY, et al 3. Tekelu v. COY, et al 4. Williams v. COY, et al 5. Angulo-Murrieta v. COY, et al 6. COY v. Great American 7. COY v. PKC, et al 8. COY v. The Salvation Army 9. Mendoza Claim 10. Beas Claim 11. Guzman Claim 12. Stevens Claim 13. Valtierra Claim 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 2/1/2019