City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, March 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 • Recognition of Del Sol Market donation 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 2019-053 Regular Council Worksession Draft Minutes February 20, 2018 Attachments: 2018 02 20 RWS Minutes 2. MC 2019-054 Regular Council Worksession Draft Minutes February 5, 2019 Attachments: 2019 02 05 RWS Minutes City of Yuma Page 1 Printed on 3/1/2019 City Council Meeting Agenda March 6, 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 2019-047 Special Event Liquor License: Catholic Community Services of Southern Arizona, Inc. - Come Wine with Us Approve a Special Event Liquor License application submitted by Marguerite Harmon on behalf of Catholic Community Services of Southern Arizona, Inc. for Come Wine with Us. The event will take place at Yuma City Hall located at One City Plaza on Thursday, April 25, 2019, from 6:00 p.m. to 8:00 p.m. (SP19-09) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Catholic Community Services of Southern Arizona, Inc. 2. MAP Special Event Liquor License: Catholic Community Services of Southern Arizona, Inc. 3. MC 2019-048 Bid Rejection: Fertilizer and Chemicals for Grounds Maintenance Reject all bids for Fertilizer and Chemicals for Grounds Maintenance. (Parks - 2019-20000039) (Deborah Wendt / Robin R. Wilson) Attachments: 1. RFCCA Bid Rejection: Fertilizer and Chemicals for Grounds Maintenance 4. MC 2019-049 Change Order: Figueroa Water Pollution Control Facility Annual Overhaul Project Authorize a change order for job order # 3 with PCL Construction, Inc. in the amount not to exceed $230,000.00, for additional work required to complete the Figueroa Avenue Water Pollution Control Facility annual overhaul project, pursuant to the City's Municpal Water and Wastewater Treatment Plant Job Order Contract. (Engineering) (Jeffrey A. Kramer) Attachments: 1. RFCCA JOC: Additional work approval City of Yuma Page 2 Printed on 3/1/2019 City Council Meeting Agenda March 6, 2019 5. MC 2019-050 Intergovernmental Agreement: 4FrontED Binational Program Authorize the City Administrator to execute an amended and restated intergovernmental agreement (IGA) with 4FrontED. The IGA formalizes a binational relaionship to promote growth and expand economic opportunities in the 4FrontED region. The region consists of Yuma County; Imperial County, California; San Luis Rio Colorado, Sonora, Mexico; and the Mexicali area of Baja California Norte bordering San Luis Rio Colorado and Yuma County. (City Administration/Economic Development) (Jeff Burt) Attachments: 1. RFCCA IGA: 4FrontED Binational Program 2. AGMT IGA: 4FrontED Binational Program 3. ATT A IGA: 4FrontED Binantional Program 4. ATT A IGA: 4FrontED Binational Program 6. MC 2019-051 Intergovernmental Agreement: Western Area Power Administration Joint Planning Agreement Authorize the City Administrator to enter into an agreement with the United States Department of Energy Western Area Power Administration for a Joint Planning Agreement. (Utilities/Administration) (Jeremy McCall) Attachments: 1. RFCCA IGA: WAPA Joint Planning Agreement 2. AGMT IGA: WAPA Joint Planning Agreement City of Yuma Page 3 Printed on 3/1/2019 City Council Meeting Agenda March 6, 2019 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. R2019-006 Authorize Inclusion of Yuma County Parcel APN 633-44-147 into the Main Street Mall and Off Street Parking Maintenance District No. 1 In accordance with the criteria set forth in A.R.S. § 48-574(J), accept Owner's petition to include Yuma County Parcel APN 633-44-147 (Subject Parcel) within the Main Street Mall and Off Street Parking Maintenance District No. 1 (MMD) (City Attorney) (Richard W. Files) Attachments: 1. RFCCA Authorize Inclusion of Parcel APN 633-44-147 into MMD 2. LETTER Authorize Inclusion of Parcel APN 633-44-147 into MMD 3. MAP Authorize Inclusion of Parcel APN 633-44-147 into MMD 4. RES Authorize Inclusion of Parcel APN 633-44-147 into MMD 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. O2019-013 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 4 Printed on 3/1/2019 City Council Meeting Agenda March 6, 2019 2. 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 3. 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. 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. There are no ordinances scheduled for introduction at this time. City of Yuma Page 5 Printed on 3/1/2019 City Council Meeting Agenda March 6, 2019 V. PUBLIC HEARING AND RELATED ITEMS 1. MC 2019-052 Annexation Area No. ANEX-23670-2018: Trail Estates 1, 2 and 3 This is a public hearing to consider the annexation of properties located at the northwest corner of Avenue 9E and 40th Street. (ANEX-23670-2018). (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA PH Trail Estates 2. MAP PH Trail Estates 3. ATT A PH Trail Estates 4. PET PH Trail Estates The adoption of Resolution R2019-004 may be considered by City Council during this Public Hearing. 2. R2019-004 General Plan Amendment: 2018 Yuma Bikeways Plan Approve the request to adopt the 2018 Yuma Bikeways Plan and amend the City of Yuma 2012 General Plan to incorporate the Bikeways Plan. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA GP-23761-2018 Bikeways Plan 2. RES GP-23761-2018 Bikeways Plan 3. EXH A GP-23761-2018 Bikeways Plan 4. P&Z RPT GP-23761-2018 Bikeways Plan The adoption of Ordinance O2019-011 may be considered by City Council during this Public Hearing. 1. 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. City of Yuma Page 6 Printed on 3/1/2019 City Council Meeting Agenda March 6, 2019 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 February 21, 2019 through March 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. 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 7 Printed on 3/1/2019 City Council Meeting Agenda March 6, 2019 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 or consideration of employment of the Yuma City Police Chief (A.R.S. 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 8 Printed on 3/1/2019