City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, October 16, 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 2019-210 Council Citizen's Forum Draft Minutes September 3, 2019 Attachments: 2019 09 03 CCF Minutes 2. MC 2019-211 Special Council Meeting Draft Minutes September 9, 2019 Attachments: 2019 09 09 SCM Minutes City of Yuma Page 1 Printed on 10/14/2019 City Council Meeting Agenda October 16, 2019 3. MC 2019-212 Council Citizen's Forum Draft Minutes October 1, 2019 Attachments: 2019 10 01 CCF Minutes 4. MC 2019-213 Regular Council Meeting Draft Minutes October 2, 2019 Attachments: 2019 10 02 RCM 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 2019-195 Liquor License: Jade Garden Approve a new Series #12 Restaurant Liquor License application submitted by Bingxian Zhen Chen, agent for Jade Garden located at 1221 W. 16th Street #A. (LL19-10) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Liquor License: Jade Garden 2. MAP Liquor License: Jade Garden 3. MC 2019-196 Liquor License: Home 2 Suites Market Approve a new Series #10 Beer and Wine Store Liquor License application submitted by Andrea Dahlman Lewkowitz, agent for Home 2 Suites Market located at 155 N. Madison Avenue (LL19-13) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Liquor License: Home 2 Suites Market 2. MAP Liquor License: Home 2 Suites Market City of Yuma Page 2 Printed on 10/14/2019 City Council Meeting Agenda October 16, 2019 4. MC 2019-183 Special Event Liquor License: Fort Yuma Rotary - Mardi Gras 2020 Approve a Special Event Liquor License application submitted by Thomas Rush on behalf of Fort Yuma Rotary for Mardi Gras 2020. The event will take place on the 100-300 blocks of Main Street on Friday, February 21, 2020, from 4:00 p.m. to midnight. (SP19-26) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Fort Yuma Rotary 2. MAP Special Event Liquor License: Fort Yuma Rotary 5. MC 2019-197 Bid Award: Enterprise Security and Environmental Control Systems Repair/Installation Services Authorize the City Administrator to execute a one-year contract with the option to renew for four additional one-year periods for ongoing maintenance, repair and/or replacement of the Enterprise Security and Environmental Control Systems at an estimated annual expenditure of $50,000 to: Pueblo Mechanical and Controls, LLC Phoenix, Arizona (ITS / Citywide Bid #2020-20000030) (Kathleen Fernandez) Attachments: 1. RFCCA Bid Award: Enterprise Security and Environmental Control Systems 2. SPRDSHEET Bid Award: Enterprise Security and Environmental Control Systems 6. MC 2019-198 Cooperative Purchase Agreement: Medium and Heavy Trucks and Truck Bodies (Aerial Lift Truck) Authorize the purchase of one 2020 Altec Aerial Lift Truck utilizing the cooperative purchase agreement originated by Sourcewell, for an estimated expenditure of $169,019.00 to: Altec of Phoenix, Phoenix, Arizona (Parks & Recreation - Bid #2020-20000058) (Debbie Wendt / Robin R. Wilson) Attachments: 1. RFCCA Cooperative Purchase Agreement: Forestry Aerial Truck City of Yuma Page 3 Printed on 10/14/2019 City Council Meeting Agenda October 16, 2019 7. MC 2019-199 Cooperative Purchase Agreement: Medium and Heavy Trucks and Truck Bodies (Rear Loader) Authorize the purchase of one 2020 Peterbilt Model 520 / McNeilus Rear Loader utilizing the cooperative purchase agreement originated by Houston-Galveston Area Council, for an estimated expenditure of $289,649.07 to: Rush Truck Centers of Yuma, Yuma, Arizona (Public Works - Bid #2020-20000056) (Joel Olea / Robin R. Wilson) Attachments: 1. RFCCA Cooperative Purchase Agreement: Med and Heavy Trucks/Truck Bodies 8. MC 2019-200 Cooperative Purchase Agreement: Medium and Heavy Trucks and Truck Bodies (Pro Patch) Authorize the purchase of one 2020 Peterbilt 337 / Pro Patch utilizing the cooperative purchase agreement originated by Houston-Galveston Area Council, for an estimated expenditure of $389,532.98 to: Rush Truck Centers of Yuma, Yuma, Arizona (Public Works - Bid #2020-20000057) (Joel Olea / Robin R. Wilson) Attachments: 1. RFCCA Cooperative Purchase Agr: Med and Heavy Trucks (Pro Patch) 9. MC 2019-201 Cooperative Purchase Agreement: Medium and Heavy Trucks and Truck Bodies (Side Loader) Authorize the purchase of one 2020 Peterbilt Model 520/McNeilus Side Loader utilizing the cooperative purchase agreement originated by Houston-Galveston Area Council, for an estimated expenditure of $341,759.02 to: Rush Truck Centers of Yuma, Yuma, Arizona (Public Works - Bid #2020-20000060) (Public Works - Joel Olea / Robin R. Wilson) Attachments: 1. RFCCA Cooperative Purchase Agreement: Side Loader City of Yuma Page 4 Printed on 10/14/2019 City Council Meeting Agenda October 16, 2019 10. MC 2019-202 Cooperative Purchase Agreement: Medium and Heavy Trucks and Truck Bodies (Seal Master) Authorize the purchase of one 2020 Peterbilt 337 / Seal Master utilizing the cooperative purchase agreement originated by Houston-Galveston Area Council, for an estimated expenditure of $176,122.17 to: Rush Truck Centers of Yuma, Yuma, Arizona (Public Works - Bid #2020-20000061) (Joel Olea / Robin R. Wilson) Attachments: 1. RFCCA Cooperative Purchase Agr: Med and Heavy Trucks - Seal Master 11. MC 2019-203 Agreement: Arizona Department of Homeland Security Grant Authorize the City Administrator to execute an agreement with the Arizona Department of Homeland Security for reimbursement of funds expended for equipment in support of the State Homeland Security Grant Program. (Police/Patrol) (Susan Smith) Attachments: 1. RFCCA Grant: Arizona Department of Homeland Security 2. AGMT Grant: Arizona Department of Homeland Security 3. SUPP DOC Grant: Arizona Department of Homeland Security 4. SUPP DOC Grant: Arizona Department of Homeland Security 5. SUPP DOC Grant: Arizona Department of Homeland Security 6. SUPP DOC Grant: Arizona Department of Homeland Security 7. SUPP DOC Grant: Arizona Department of Homeland Security 12. MC 2019-204 Grant Agreement: Critical Incident Stress Management Training Authorize the City Administrator to execute an agreement with Community Foundation for Southern Arizona to receive funding for Critical Incident Stress Management (CISM) related training (Police/Support Services) (Susan Smith) Attachments: 1. RFCCA Grant: Critical Incident Stress Management Training 2. AGMT Grant: Critical Incident Stress Management Training City of Yuma Page 5 Printed on 10/14/2019 City Council Meeting Agenda October 16, 2019 13. MC 2019-205 Job Order Authorization: Avenue 3E Pavement Rehabilitation 32nd Street to 40th Street Authorize the City Administrator to execute a job order with Sunland Asphalt & Construction, Inc., in an amount not to exceed $816,707.00, for capital improvements to Avenue 3E from 32nd Street to 40th Street under the City's Job Order Contracting program. (Engineering) (Jeffrey A. Kramer) Attachments: 1. RFCCA Job Order Authorization: Ave 3E Paving Rehabilitation 2. SPRDSHEET Job Order Authorization: Ave 3E Paving Rehabilitation 14. MC 2019-206 Job Order Authorization: 10th Avenue Waterline Replacement Authorize the City Administrator to execute a job order with Yuma Valley Contractors, Inc., in an amount not to exceed $480,508.32, for capital improvements to the water distribution system under the City's Job Order Contracting program. (Engineering) (Jeffrey A. Kramer) Attachments: 1. RFCCA Job Order Authorization: 10th Avenue Waterline Replacement 2. SPRDSHEET Job Order Authorization: 10th Ave Waterline Replacement 15. MC 2019-207 Job Order Authorization: 16th Street Paving Avenue B to Avenue C Authorize the City Administrator to execute a job order with CEMEX Construction Materials South LLC (CEMEX), in an amount not to exceed $1,599,023.89, for capital improvements to 16th Street from Avenue B to Avenue C via the City's Job Order Contracting program. (Engineering) (Jeffrey A. Kramer) Attachments: 1. RFCCA Job Order Authorization: 16th Street Paving Ave B to Ave C 2. SUPP DOC Job Order Authorization: 16th Street Paving Ave B to Ave C 3. SUPP DOC Job Order Authorization: 16th Street Paving Ave B to Ave C City of Yuma Page 6 Printed on 10/14/2019 City Council Meeting Agenda October 16, 2019 16. MC 2019-208 Final Plat: Premier Storage Condominiums Unit 2 Subdivision - Phase IV (Building 6) and Phase V (Building 7) Approve the final plat for Premier Storage Condominiums of Yuma Unit 2 Subdivision - Phase IV (Building 6) and Phase V (Building 7). The property is located at the southeast corner of Avenue 3 ¾E and E. 32nd Street, Yuma. The applicant is Premier Storage Condominiums of Yuma Unit 2, LLC. (SUBD-22521-2018) (Community Development/Community Planning)(Laurie Lineberry) Attachments: 1. RFCCA Final Plat: Premiere Storage Condominiums 2. P&Z RPT Final Plat: Premiere Storage Condominiums 17. MC 2019-209 Commemorative Facility Naming: New City of Yuma Utilities Facilities Building Approve the commemorative naming of the new City of Yuma Utilities Department Building to the Thomas F. Allt Utilities Complex. (City Administration) (John D. Simonton) Attachments: 1. RFCCA Commemorative Facility Naming 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. R2019-043 Development Fee Deferral: Driftwood Ranch Unit 1 Subdivision Adopt a resolution authorizing the City Administrator to execute an agreement to defer City of Yuma development fees and water and sewer capacity charges for Driftwood Ranch Unit 1 subdivision, and to collect a $500.00 administrative fee for the deferral agreement. The effective length of the deferral agreement is for three years from date of execution. (Engineering) (Jeffrey A. Kramer) Attachments: 1. RFCCA Dev. Fee Deferral: Driftwood Ranch Unit 1 Subdivision 2. MAP Dev. Fee Deferral: Driftwood Ranch Unit 1 Subdivision 3. RES Dev. Fee Deferral: Driftwood Ranch Unit 1 Subdivision 4. AGMT Dev. Fee Deferral: Driftwood Ranch Unit 1 Subdivision City of Yuma Page 7 Printed on 10/14/2019 City Council Meeting Agenda October 16, 2019 2. R2019-045 Development Agreement: Francisco Guzman and Irene Guzman Family Wealth Trust Dated December 2, 2008 Approve the terms of a development agreement with the Francisco Guzman and Irene Guzman Family Wealth Trust Dated December 2, 2008. The development agreement permits the continued mobile food vending operation located at 1744 S. Pacific Avenue under a City of Yuma issued Conditional Use Permit (CUP) which will resolve Yuma County Superior Court Case No. S1400CV2019-00159, Guzman v. City of Yuma. (Rodney C. Short) (Alyssa Linville) Attachments: 1. RFCCA Guzman Development Agreement 2. RES Guzman Development Agreement 3. AGMT Guzman Development Agreement.doc 4. EXH 1 Guzman Development Agreement.pdf 5. EXH 2 Guzman Development Agreement.pdf 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. There are no ordinances scheduled for adoption at this time. City of Yuma Page 8 Printed on 10/14/2019 City Council Meeting Agenda October 16, 2019 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. O2019-034 Government Property Land and Improvements Lease: Sixteen & Four, LLC Authorize: (1) acceptance of title to land and improvements on Parcel B at the northwest corner of 16th Street and 4th Avenue; (2) an eight-year government property land and improvements lease with Sixteen & Four, LLC, as the statutory prime lessee; (3) abatement of the government property lease excise tax for the term of the lease; and, (4) reconveyance of the land and improvements to the prime lessee at the conclusion of the lease. (This item must be adopted by a simple majority vote without the use of the consent calendar) (City Attorney) (Richard Files) Attachments: 1. RFCCA GPLET: Sixteen and Four LLC 2. SUPP DOC GPLET: Sixteen and Four LLC Economic and Fiscal Impact 3. SUPP DOC GPLET: Sixteen and Four LLC 30 Day Notice 4. SUPP DOC GPLET: Sixteen and Four LLC 60 Day Notice 5. ORD GPLET: Sixteen and Four LLC 6. AGMT GPLET: Sixteen and Four LLC GPLET Parcel B Land and Improvements Lease 2. O2019-035 Rezoning of Property: Southeast corner of 45th Place and Bennie Avenue Rezone approximately 10.71 acres from the Agriculture/ Conditional Low Density Residential (AG/Cond. R-1-8) District to the Low Density Residential/Public Overlay (R-1-8/P) District, for the property located at the southeast corner of 45th Place and Bennie Avenue, Yuma, AZ. (Communtiy Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezoning of Property: SE Corner 45th Pl and Bennie Ave 2. P&Z RPT Rezoning of Property: SE Corner 45th Pl and Bennie Ave 3. ORD Rezoning of Property: SE Corner 45th Pl and Bennie Ave City of Yuma Page 9 Printed on 10/14/2019 City Council Meeting Agenda October 16, 2019 V. PUBLIC HEARING AND RELATED ITEMS The following public hearing may result in the adoption of Resolution R2019-044 1. R2019-044 General Plan Amendment: Brian L. Hall Living Trust and the Michael T. Hall Living Trust Approve the request to amend the City of Yuma General Plan to change the land use designation from Low Density Residential, Commercial, Public/Quasi-Public and Resort, Recreation and Open Space to Low Density Residential, Medium Density Residential and Public/Quasi-Public properties located at the northeast corner, southeast corner and southwest corner of Avenue 7E and 44th Street. The applicant is Brian L. Hall Living Trust and the Michael T. Hall Living Trust (GP-26567-2019). (Community Development/Community Planning)(Laurie Lineberry) Attachments: 1. RFCCA GP Amendment: Hall Living Trust 2. P&Z RPT GP Amendment: Hall Living Trust 3. RES GP Amendment: Hall Living Trust 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 City of Yuma Page 10 Printed on 10/14/2019 City Council Meeting Agenda October 16, 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 October 3, 2019 through October 16, 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 potential litigation. (A.R.S. 38-431.03 A3 & A4) City of Yuma Page 11 Printed on 10/14/2019 City Council Meeting Agenda October 16, 2019 B. Discussion, consultation with and/or instruction to legal counsel regarding potential sale of real estate. (A.R.S. 38-431.03 A3, A4 & A7) C. Discussion, consultation with and/or instruction to legal counsel regarding the Boys and Girls Club and the City of Yuma v. Salvation Army. (A.R.S. 38-431.03 A3, A4 & A7) D. Discussion regarding the potential City Administrators contract. (A.R.S. 38-431.03 A1, 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 12 Printed on 10/14/2019