City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, July 20, 2022 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. Consistent with the March 13, 2020 Arizona Attorney General opinion relating to Arizona’s Open Meeting Law and COVID-19, in order to protect the public and reduce the chance of COVID-19 transmission, the July 20, 2022, Regular City Council meeting will be conducted remotely through technological means along with public, in-person access. City Council Chambers will be open with public access in addition to participation through Zoom Those wishing to speak on any applicable agenda item or at Call to the Public and choose to participate via Zoom, must submit an email request to publiccomment@yumaaz.gov no later than 60 minutes prior to the start of the scheduled meeting. Further instructions will be given at that time. Members of the public are encouraged to view the meeting through either of the following two venues: 1) Zoom: Residents will need to connect through the following website: https://cityofyuma.zoom.us/. Click on "Calendar" then select the City meeting and click “Join”. 2) City of Yuma live stream: Use the Video and TV Stream quick link at www.yumaaz.gov and search for Yuma Live Playlist 73. Watch live on TV cable channel 73. A recording of the meeting will be available on the City’s website after the meeting. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL City of Yuma Page 1 Printed on 7/15/2022 City Council Meeting Agenda July 20, 2022 FINAL CALL Final call for submission of Speaker Request Forms for agenda related items. 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 2022-130 Regular Council Worksession Draft Minutes June 14, 2022 Attachments: 2022 06 14 RWS Minutes 2. MC 2022-131 Regular Council Meeting Draft Minutes June 15, 2022 Attachments: 2022 06 15 RCM Minutes B. 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) C. Approval of staff recommendations: 1. MC 2022-124 Liquor License: Autentico Sapore Italiano Approve a Series #12 Restaurant Liquor License application submitted by Mario Ghedin, agent for Autentico Sapore Italiano located at 201 N. 4th Avenue. (LL22-08) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Liquor License: Autentico Sapore Italiano 2. MC 2022-125 Liquor License: Shoppers Save #2 Approve a Series #10 Beer and Wine Store Liquor License application submitted by Theresa June Morse, agent for Shoppers Save #2 located at 2490 W. 8th Street. (LL20-10) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: MAP Liquor License: Shoppers Save #2 City of Yuma Page 2 Printed on 7/15/2022 City Council Meeting Agenda July 20, 2022 3. MC 2022-126 Temporary Extension of Premises: Yuma Civic & Convention Center Approve a Temporary Extension of Premises/Patio Permit application submitted by John Simonton, agent for Yuma Civic & Convention Center located at 1440 Desert Hills Drive. (EP22-05) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Temporary Extension of Premises: Yuma Civic & Convention Center 4. MC 2022-127 Bid Award: East Main Canal Linear Park Trail 32nd Street Connection Authorize the City Administrator to execute a contract for construction services for the East Main Canal Linear Park Trail 32nd Street Connection to the lowest responsive and responsible bidder in the amount of $471,900.00 to: DPE Construction, Inc., Yuma, AZ (Engineering - RFB-22-149) (David Wostenberg - Robin R. Wilson) 5. MC 2022-128 Allocation Plan for American Rescue Plan Funds Received from U.S. Department of Housing and Urban Development Approve the Allocation Plan for American Rescue Plan funding received by the Yuma County HOME Consortium from the U.S. Department of Housing and Urban Development’s HOME Investment Partnerships Program. (Planning and Neighborhood Services/Neighborhood Services) (Rhonda Lee-James) Attachments: 1. PLAN Allocation Plan for HOME-ARP 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. R2022-035 Preannexation Development Agreement: Barkley Limited Partnership Authorize a Preannexation Development Agreement with the Barkley Limited Partnership for property located at the northwest corner of Gila Ridge Road and Avenue 3E. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. RES PDA: Barklay Limited Partnership 2. AGMT PDA: Barklay Limited Partnership City of Yuma Page 3 Printed on 7/15/2022 City Council Meeting Agenda July 20, 2022 2. R2022-036 Development Fee Deferral: Santana Unit 2 Subdivision Authorize the City Administrator to execute an agreement deferring City of Yuma development fees and water and sewer capacity charges for Santana Unit 2 Subdivision, and to collect a $500.00 administrative fee for the deferral agreement. The effective term of the deferral agreement is for three years from date of execution. (Engineering) (David Wostenberg) Attachments: 1. MAP Dev. Fee Deferral: Santana Unit 2 Subdivision 2. RES Dev. Fee Deferral: Santana Unit 2 Subdivision 3. AGMT Dev. Fee Deferral: Santana Unit 2 Subdivision 3. R2022-037 Development Fee Deferral: Santana Unit 3 Subdivision Authorize the City Administrator to execute an agreement deferring City of Yuma development fees and water and sewer capacity charges for Santana Unit 3 Subdivision, and to collect a $500.00 administrative fee for the deferral agreement. The effective term of the deferral agreement is for three years from date of execution. (Engineering) (David Wostenberg) Attachments: 1. MAP Dev. Fee Deferral: Santana Unit 3 Subdivision 2. RES Dev. Fee Deferral: Santana Unit 3 Subdivision 3. AGMT Dev. Fee Deferral: Santana Unit 3 Subdivision 4. R2022-038 Intergovernmental Agreement: Avenue 7E and South Gila Canal Bridge Approve an IGA with the State of Arizona to replace a structurally deficient 54-year old timber deck bridge with a new concrete bridge structure. (Engineering) (David Wostenberg) Attachments: 1. RES IGA: Ave 7E and S. Gila Canal Bridge 2. AGMT IGA: Ave 7E and S. Gila Canal Bridge City of Yuma Page 4 Printed on 7/15/2022 City Council Meeting Agenda July 20, 2022 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. O2022-028 Declare Real Property Surplus and Authorize Sale or Exchange: Southeast Corner of Avenue A and 4th Street Declare vacant City of Yuma owned real property surplus and authorize the sale of the surplus property located at the southeast corner of Avenue A and 4th Street. (City Attorney) (Richard Files) Attachments: 1. MAP Surplus Property SEC Ave A and 4th St 2. ORD Surplus Property SEC Ave A and 4th St 2. O2022-029 Vacate Surplus Right-Of-Way to the Abutting Property Owner: Santana 142 Holdings, L.L.C. Declare certain right-of-way along Avenue 7½E and 36th Street surplus and authorize vacating of the surplus right-of-way to the abutting property owner pursuant to Arizona Revised Statutes § 28-7205(2). (Planning and Neighborhood Services) (Alyssa Linville) Attachments: 1. MAP Vacate Surplus Right-Of-Way - Santana 142 Holdings, L.L.C. 2. ORD Vacate Surplus Right-Of-Way - Santana 142 Holdings, L.L.C. 3. EXHIBIT A Vacate Surplus Right-Of-Way - Santana 142 Holdings, L.L.C. 4. EXHIBIT B Vacate Surplus Right-Of-Way - Santana 142 Holdings, L.L.C. 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. O2022-030 Compensation and Benefits for Presiding Municipal Judge Establish compensation and benefits for the office of Presiding Municipal Judge from and after January 1, 2023. (Human Resources) (Monica Welch) Attachments: 1. ORD Comp and Benefits: Presiding Municipal Judge City of Yuma Page 5 Printed on 7/15/2022 City Council Meeting Agenda July 20, 2022 V. PUBLIC HEARING AND RELATED ITEMS 1. O2022-031 Statutory Compliance Hearing/Amendment: Ordinance O2020-013 Conduct a public hearing pursuant to A.R.S. § 9-462.01 to determine compliance with the conditions of approval for rezoning Ordinance O2020-013, and introduce an ordinance to amend O2020-013 to extend the time to comply with the rezoning conditions. (Planning and Neighborhood Services / Community Planning) (Alyssa Linville) Attachments: 1. ORD Statutory Compliance for Rezoning of Property: 7600 32nd Street 2. MAP Statutory Compliance Hearing for Rezoning of Property: 7600 E 32nd Street FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. VI. ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. 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 July 7, 2022 through July 20, 2022. 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. 2. 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 6 Printed on 7/15/2022 City Council Meeting Agenda July 20, 2022 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: There are no additional executive session items scheduled at this time. 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 7 Printed on 7/15/2022