City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, February 20, 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 • Opioid Awareness Presentation • Recognition of Fire Investigator Certification 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 2019-045 Regular City Council Meeting Draft Minutes November 21, 2018 Attachments: 1. 2018_11_21_RCM_Minutes 2. MC 2019-046 City Council Citizen's Forum Draft Minutes February 5, 2019 Attachments: 1. 02_05_2019 CF Minutes City of Yuma Page 1 Printed on 2/15/2019 City Council Meeting Agenda February 20, 2019 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 2019-032 Liquor License: Prison Hill Brewing Co. Approve a Series #6 Bar Liquor License/Owner Transfer application submitted by Chris Wheeler, agent for Prison Hill Brewing Co. located at 278 S. Main Street (LL19-01) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Liquor License: Prison HIll Brewing Co. 2. MAP Liquor License: Prison Hill Brewing Co. 3. MC 2019-033 Liquor License: Prison Hill Brewing Co. Approve a new Series #3 Microbrewery Liquor License application submitted by Chris Wheeler for Prison Hill Brewing Co. located at 278 S. Main Street (LL18-02) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Liquor License: Prison Hill Brewing Co. 2. MAP Liquor License: Prison Hill Brewing Co. 4. MC 2019-034 Special Event Liquor License: The Officers' Spouses' Club - A Night in the Wild West Approve a Special Event Liquor License application submitted by Darleene Sara Davis, on behalf of The Officers' Spouses' Club for a Night in the Wild West. The event will take place at the Colorado River State Historic Park, 201 N. 4th Avenue, on Saturday, March 30, 2019 from 5:30 p.m. to 11:00 p.m. (SP19-06) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: The Officers' Spouses' Club 2. MAP Special Event Liquor License: The Officers' Spouses' Club City of Yuma Page 2 Printed on 2/15/2019 City Council Meeting Agenda February 20, 2019 5. MC 2019-035 Special Event Liquor License: Yuma Rotary - BBQ & Brew Festival Approve a Special Event Liquor License application submitted by Chris Wheeler, on behalf of Yuma Rotary for BBQ & Brew Festival. The event will take place on the 100-300 blocks of Main Street (Historic Downtown Yuma), on Friday, February 22, 2019 from 3:00 p.m. to 11:00 p.m. and Saturday, February 23, 2019 from 11:00 a.m. to 11:00 p.m. (SP19-07) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Yuma Rotary 2. MAP Special Event Liquor License: Yuma Rotary 6. MC 2019-036 Special Event Liquor License: Rotary Club of Yuma North End - Music on Main Approve a Special Event Liquor License application submitted by Fred Earle, on behalf of Rotary Club of Yuma North End for Music on Main. The event will take place on the 100-300 blocks of Main Street (Historic Downtown Yuma), on Saturday, March 16, 2019 from 3:00 p.m. to 11:00 p.m. (SP19-08) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Rotary Club of Yuma North End 2. MAP Special Event Liquor License: Rotary Club of Yuma North End 7. MC 2019-037 Bid Award: Virginia Drive Rentention Basin Award a contract for the construction of the Virginia Drive Rentention Basin in the amount of $325,560.38 to the following lowest responsive and responsible bidder: SWP Contracting and Paving, Glendale, Arizona. (Engineering / Bid #2019-20000074) (Jeff Kramer / Robin Wilson) Attachments: 1. RFCCA Bid Award: Virginia Drive Retention Basin 2. SPRDSHEET Bid Award: Virginia Drive Retention Basin City of Yuma Page 3 Printed on 2/15/2019 City Council Meeting Agenda February 20, 2019 8. MC 2019-038 Bid Award: 1st Avenue Improvements - 16th Street to Orange Avenue Award a contract for the construction of the 1st Avenue Improvements Project in the amount of $3,810,400.00 to the following lowest responsive, responsible bidder: Cemex Construction Materials South, LLC, Yuma, Arizona. (Engineering / Bid #2019-20000079) (Jeff Kramer / Robin Wilson) Attachments: 1. RFCCA Bid Award: 1st Avenue Improvements - 16th St. to Orange Ave. 2. SPRDSHEET Bid Award: 1st Avenue Imrpovements - 16th St. to Orange Ave. 9. MC 2019-039 Agreement: Arizona Department of Homeland Security Authorize the City Administrator to execute two separate agreements with the Arizona Department of Homeland Security for reimbursement of funds expended for overtime, mileage, and equipment for activities in support of Operation Stonegarden. (Police/Patrol) (John Lekan) Attachments: 1. RFCCA Subrecipient Agreement: OPSG FFY2018 2. AGMT (Overtime-Mileage) Subrecipient Agreement: OPSG FFY2018 3. AGMT (Equipment) Subrecipient Agreement: OPSG FFY2018 4. LTR AGMT Subrecipient Agreement: OPSG FFY2018 10. MC 2019-040 Grant Award: Arizona Companion Animal Spay and Neuter Committee Authorize the City Administrator to execute the required documents with Arizona Companion Animal Spay and Neuter Committee (ACASNC) to disperse awarded grant funds to support community spay and neuter surgeries. (Police/Administration) (John Lekan) Attachments: 1. RFCCA 2018 Grant Award: ACASNC Spay and Neuter Surgeries 2. AGMT 2018 Grant Award: ACASNC Spay and Neuter Surgeries City of Yuma Page 4 Printed on 2/15/2019 City Council Meeting Agenda February 20, 2019 11. MC 2019-041 Intergovernmental Agreement: Cocopah Indian Tribe Authorize the City Administrator to execute an Intergovernmental Agreement with the Cocopah Indian Tribe on behalf of the Cocopah Tribal Police and Fire Department for the use of the City of Yuma Public Safety Training Facility. (Police/Support Services) (John Lekan) Attachments: 1. RFCCA IGA Cocopah Tribal Police Department for Use of Public Safety Training Facility 2. AGMT IGA Cocopah Tribal Police Department for Use of Public Safety Training Facility 12. MC 2019-042 Amendment to Intergovernmental Agreement: Yuma County Flood Control District Authorize the City Administrator to execute Amendment #1 to an Intergovernmental Agreement with the Yuma County Flood Control District. (Engineering) (Jeff Kramer) Attachments: 1. RFCCA Amendment #1 to IGA with Yuma County Flood Control District 2. IGA Amendment #1 to IGA with Yuma County Flood Control District 3. EXH Amendment #1 to IGA with Yuma County Flood Control District 4. 1998 IGA Amendment #1 to IGA with Yuma County Flood Control District 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. R2019-002 Development Fee Deferral: P.R. Normandale, LLC Authorize the City Administrator to execute an agreement deferring City of Yuma development fees and water and sewer capacity charges for the Four Points by Sheraton Hotel, and to collect a $500.00 administrative fee for the deferral agreement. (Engineering) (Jeff Kramer) Attachments: 1. RFCCA Development Fee Deferral: P.R. Normandale, LLC 2. MAP Development Fee Deferral: P.R. Normandale, LLC 3. RES Development Fee Deferral: P.R. Normandale, LLC 4. AGMT Development Fee Deferral: P.R. Normandale, LLC City of Yuma Page 5 Printed on 2/15/2019 City Council Meeting Agenda February 20, 2019 2. R2019-003 Grant Application: 2019 Arizona Land and Water Conservation Fund (LWCF) Grant Program Authorize the City Administrator to approve the submission of the grant application for the 2019 Arizona State LWCF in the amount of $500,000 (Parks and Recreation) (Debbie Wendt) Attachments: 1. RFCCA Grant Application 2019 LWCF Grant Program 2. RES Grant Application 2019 LWCF Grant Program 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. O2019-008 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 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 City of Yuma Page 6 Printed on 2/15/2019 City Council Meeting Agenda February 20, 2019 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 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. O2019-013 Amendment to the Yuma City Code: Chapter 37 Taxation Amend City Code Section 37-485, Regulation 37-270.1, and Regulation 37-460.1(a) making wastewater removal services subject to transaction privilege tax. (Finance/Administration) (Lisa Marlin) Attachments: 1. RFCCA Code Amendment: Chapter 37 Taxation 2. ORD Code Amendment: Chapter 37 Taxation City of Yuma Page 7 Printed on 2/15/2019 City Council Meeting Agenda February 20, 2019 2. O2019-011 Rezoning of Property: Northwest corner of S. Avenue 9E and E. 24th Street The Planning and Zoning commission failed to approve this rezoning by a vote of 2-2 (in case of a tie the motion fails). Public comment will be taken at the public hearing on March 6, 2019. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezoning of Property: Ave. 9E and 24th St. 2. P&Z RPT Rezoning of Property: Ave. 9E and 24th St. 3. ORD Rezoning of Property: Ave. 9E and 24th St. 3. O2019-014 Rezoning of Property: Southwest corner of E. 44th Street and S. Avenue 8E Rezone approximately 142.5 acres from the Agriculture (AG) District to the Low Density Single-Family Residential (R-1-5) District, for the property located at the southwest corner of E. 44th Street and S. Avenue 8E. (Communtiy Development) (Laurie Lineberry) Attachments: 1. RFCCA Rezoning of Property: SW Corner of E. 44th St. and S. Ave. 8E 2. P&Z RPT Rezoning of Property: SW Corner of E. 44th St. and S. Ave. 8E 3. ORD Rezoning of Property: SW Corner of E. 44th St. and S. Ave. 8E 4. O2019-015 Acceptance and Grant of Easement Rights: Northeast Corner 16th Street and 4th Avenue Approve and ratify the terms of the First Amended and Restated Reciprocal Easement Agreement (Agreement) with PMG Partnership, L.L.C. and Stewart Title & Trust of Phoenix, Inc. (City Attorney) (Richard Files) Attachments: 1. RFCCA Acceptance and Grant of Easement Rights: 16th St. and 4th Ave. 2. ORD Acceptance and Grant of Easement Rights: 16th St. and 4th Ave. 3. AGMT Acceptance and Grant of Easement Rights: 16th St. and 4th Ave. City of Yuma Page 8 Printed on 2/15/2019 City Council Meeting Agenda February 20, 2019 V. PUBLIC HEARING AND RELATED ITEMS 1. MC 2019-043 Public Hearing: Inclusion of additional parcel into the Main Street Mall and Off Street Parking Maintenance District No. 1 (MMD) This is a public hearing to consider including APN 633-44-147 within the boundaries of the Main Street Mall and Off Street Parking Maintenance District No. 1 (MMD). The property is located at the northeast corner of South Maiden Lane and Harold C. Giss Parkway. (City Attorney's Office) Attachments: 1. RFCCA PH Main Street Mall 2. LTR PH Main Street Mall 3. MAP PH Main Street Mall 2. MC 2019-044 General Plan Amendment: 2018 Yuma Bikeways Plan Due to notification requirements, this item will need to be continued by motion of City Council to the March 6, 2019 City Council Meeting. Attachments: 1. RFCCA General Plan Amendment: 2018 Yuma Bikeways 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: • Merit System Board: Two appointments • Library Board of Trustees: One appointment • Planning and Zoning Commission: One appointment City of Yuma Page 9 Printed on 2/15/2019 City Council Meeting Agenda February 20, 2019 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 7, 2019 through February 20, 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. 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) City of Yuma Page 10 Printed on 2/15/2019 City Council Meeting Agenda February 20, 2019 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 11 Printed on 2/15/2019