City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, December 4, 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 Interim City Administrator John D. Simonton • Crane Middle School AG-Science Class Presentation 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 2019-241 Regular Council Meeting Draft Minutes January 16, 2019 Attachments: 2019 01 16 RCM Minutes 2. MC 2019-242 Council Citizen's Forum Draft Minutes November 19, 2019 Attachments: 2019 11 19 CCF Minutes City of Yuma Page 1 Printed on 11/27/2019 City Council Meeting Agenda December 4, 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 2019-238 Liquor License: Double D's Sports Bar Approve a Series #6 Bar Liquor License/Owner Transfer application submitted by Debra Ann Davis, agent for Double D's Sports Bar located at 1300 W. 8th Street. (LL19-16) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Liquor License: Double D's Sports Bar 2. MAP Liquor License: Double D's Sports Bar 3. MC 2019-239 Intergovernmental Agreement: City of SomertonTraffic Engineering Authorize the City Administrator to execute an Intergovernmental Agreement (IGA) to provide traffic engineering services to the City of Somerton. (Engineering) (Jeffrey A. Kramer) Attachments: 1. RFCCA IGA: City of Somerton Traffic Engineering 2. AGMT IGA: City of Somerton Traffic Engineering 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. City of Yuma Page 2 Printed on 11/27/2019 City Council Meeting Agenda December 4, 2019 1. R2019-050 Enforcement Response Plan: Industrial Waste and other Wastewater Discharges Adopt the Utilities Department Enforcement Response Plan pursuant to Environmental Protection Agency requirements and as part of the Yuma City Code Chapter 191 Industrial Waste and other Wastewater Discharges. (Utilities)(Jeremy McCall) Attachments: 1. RFCCA Enforcement Response Plan 2. RES Enforcement Response Plan 3. EXH A Enforcement Response Plan 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. O2019-038 Repeal and Replace Yuma City Code: Title 13, Chapter 137 Trees Repeal and replace Title 13, Chapter 137 Trees of the Yuma City Code to clarify the applicability of the code to municipal trees and add requirements for removal and replacement of municipal trees. (Parks & Recreation/Administration) (Debbie Wendt) Attachments: 1. RFCCA Repeal and Replace Yuma City Code: Title 13, Chapter 137 Trees 2. ORD Repeal and Replace Yuma City Code: Title 13, Chapter 137 Trees 2. O2019-039 Rezoning of Property: 1146 and 1154 S. 3rd Avenue Rezone approximately .32 acres from the General Commercial (B-2) District to the Medium Density Residential (R-2) District, while maintaining the Infill Overlay (IO) District. (Community Development/Community Planning) (Lynda L. Bushong) Attachments: 1. RFCCA Rezoning of Property: 1146 and 1154 S. 3rd Ave 2. P&Z RPT Rezoning of Property: 1146 and 1154 S. 3rd Ave 3. ORD Rezoning of Property: 1146 and 1154 S. 3rd Ave City of Yuma Page 3 Printed on 11/27/2019 City Council Meeting Agenda December 4, 2019 3. O2019-040 Rezoning of Property: Avenue 7E and 44th Street Rezoning of approximately 455.88 acres from the Agriculture (AG) District to the Low Density Residential (R-1-6) District, the Medium Density Single-Family Residential (R-2-5) District, and the General Commercial (B-2) District, for the properties located at the northeast corner, southeast corner, and southwest corner of Avenue 7E and 44th Street, Yuma, AZ. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezoning of Property: Ave 7E and 44th St 2. P&Z RPT Rezoning of Property: Ave 7E and 44th St 3. ORD Rezoning of Property: Ave 7E and 44th St 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. O2019-041 Acquisition of Real Property: 1100 S. 13th Avenue Authorize the reacquisition of real property located at 1100 S. 13th Avenue, Yuma Arizona. (City Attorney) (Richard W. Files) Attachments: 1. RFCCA Property Acquisition 1100 S 13th Avenue 2. ORD Property Acquisition 1100 S 13th Avenue 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 4 Printed on 11/27/2019 City Council Meeting Agenda December 4, 2019 VI. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. Appointments: • Oath of Office - City Administrator Philip Rodriguez - Mayor Douglas J. Nicholls will administer the Oath of Office for newly appointed City Administrator Philip Rodriguez. • Merit System Board - One appointment 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 November 21, 2019 through December 4, 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. City of Yuma Page 5 Printed on 11/27/2019 City Council Meeting Agenda December 4, 2019 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 Boys and Girls Club and the City of Yuma v. Salvation Army. (A.R.S. 38-431.03 A3, A4 & A7) B. Discussion, consultation with and/or instruction to legal counsel regarding City of Yuma v. Great American. (A.R.S. 38-431.03 A3 & A4) C. Discussion, consultation with and/or instruction to legal counsel regarding potential sale of real property. (A.R.S. 38-431.03 A3, A4 & A7) D. Discussion, consultation with and/or instruction to legal counsel regarding Beas v. Babb, et al. (A.R.S. 38-431.03 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 6 Printed on 11/27/2019