City Council Meeting

City of Yuma City Council Meeting Revised Agenda Wednesday, September 21, 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. 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 FINAL CALL Final call for submission of Speaker Request Forms for agenda related items. City of Yuma Page 1 Printed on 9/19/2022 City Council Meeting Agenda September 21, 2022 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 2022-166 Regular Council Meeting Draft Minutes August 3, 2022 Attachments: 2022 08 03 RCM Minutes 2. MC 2022-167 Regular Council Worksession Draft Minutes August 16, 2022 Attachments: 2022 08 16 RWS 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 2022-160 Liquor License: Ronnie’s Pizza Approve a Series #12 Restaurant Liquor License application submitted by Ronald Joseph Rubino, Sr., agent for Ronnie’s Pizza located at 2059 Avenue A #A. (LL22-13) (City Administration/City Clerk) Attachments: 1. MAP Liquor License: Ronnie's Pizza 2. MC 2022-161 Liquor License: Sunshine Liquor Store Approve a Series #09 Liquor Store Liquor License application submitted by Faris Makou, agent for Sunshine Liquor Store located at 1997 S. Avenue B (City Administration/City Clerk) Attachments: 1. MAP - Sunshine Liquor 3. MC 2022-162 Bid Award: Household Hazardous Waste Shade Structure Authorize the City Administrator to execute a construction services contract for a Hazardous Waste Shade Structure to the lowest responsive and responsible bidder in the amount of $105,116.00 to: Merrill Development Yuma, Arizona (Engineering RFB-22-198) (Dave Wostenberg/Robin R. Wilson) City of Yuma Page 2 Printed on 9/19/2022 City Council Meeting Agenda September 21, 2022 4. MC 2022-163 Bid Award: Reconstruction of Single-Family Home with Community Development Block Grant Funds Authorize award of bid to reconstruct a single-family home under the Neighborhood Services Housing Rehabilitation Program to the lowest responsive and responsible bidder in the amount of $276,804.20 to Latin Builders. (Planning and Neighborhood Services/Neighborhood Services) (Rhonda Lee-James) 5. MC 2022-164 Cooperative Purchase Agreement - Ground and Turf Maintenance Equipment Authorize the purchase of various Ground and Turf Maintenance Equipment to Simpson Norton, Goodyear, AZ, Stotz Equipment, Avondale, AZ, and RDO Equipment, Yuma AZ, utilizing Sourcewell and Mohave Education Services cooperative purchase agreements, at an estimated cost of $442,892.00. (Parks Department-CPA-23-055) (Eric Urfer/Robin R. Wilson) Attachments: 1. SUPP DOC CPA: Ground and Turf Maintenance Equipment 6. MC 2022-165 Settlement: Ashmore Lawsuit Authorize settlement of a lawsuit filed on behalf of Ladjuane Ashmore. (City Attorney) (Richard W. Files) II. 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. O2022-040 Legal Description Correction: Ordinance O2022-002 Approve the correction of a scrivener’s error in Ordinance No. O2022-002, the accompanying quit claim deed, and authorize the City Clerk to record the corrected deed. (Engineering) (David Wostenberg) Attachments: 1. ORD Correct Legal Description: Ordinance O2022-002 2. EXHIBIT A Correct Legal Description: Ordinance O2022-002 3. EXHIBIT B Correct Legal Description: Ordinance O2022-002 Addition City of Yuma Page 3 Printed on 9/19/2022 City Council Meeting Agenda September 21, 2022 2. O2022-041 Rezoning of Property: 888 E. Plaza Circle Rezone approximately 2.5 acres from the Business Park/Aesthetic Overlay (BP/AO) District to the General Commercial/Aesthetic Overlay (B-2/AO) District, for the property located at 888 E. Plaza Circle. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z RPT Rezone: 888 E. Plaza Circle 2. ORD Rezone: 888 E. Plaza Circle 3. O2022-042 Text Amendment: Recreation Vehicle Subdivision Update Amend Title 15, Chapter 154, Section 06.02 of the Yuma City Code to update the permitted housing types within the Recreation Vehicle Subdivision District (RVS). (Planning and Neighborhood Services /Community Planning) (Alyssa Linville) Attachments: 1. P&Z REPORT Text Amendment: RVS Update 2. ORD Text Amendment: RVS Update 4. O2022-043 Text Amendment: Residential Subdivision Walls Amend Title 15, Chapter 154, Article 15, Section 6 of the Yuma City Code to update provisions related to exterior residential subdivision walls. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z REPORT Text Amendment: Subdivision Fencing 2. ORD Text Amendment: Subdivision Fencing 5. O2022-044 Text Amendment: Sign Code Amend Title 15, Chapter 154, Article 17 of the Yuma City Code to update provisions related to the sign code. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z REPORT Text Amendment: Sign Code 2. ORD Text Amendment: Sign Code 6. O2022-046 Text Amendment: Fireworks Amend Title 13, Chapter 139 of the Yuma City Code §§ 139-001 through 139-010, and § 139-009. (City Attorney) (Emily Hart) Attachments: 1. ORD Code Text Amendment: Fireworks City of Yuma Page 4 Printed on 9/19/2022 City Council Meeting Agenda September 21, 2022 7. O2022-047 Statutory Compliance Hearing/Amendment: Ordinance O2004-01 Pursuant to A.R.S. § 9-462.01, determine compliance with the conditions of approval for rezoning Ordinance O2004-01, and introduce an ordinance to amend O2004-01 to extend the time to comply with the rezoning conditions. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. ORD Statutory Compliance: SEC Ave C and 24th St 2. MAP Statutory Compliance: SEC Ave C and 24th St III. 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. O2022-048 Rezoning of Property: Southeast Corner of 24th Street and Avenue 7½E Rezoning of approximately 5.9 acres from the Limited Commerical (B-1) District to the Medium Density Residential/Planned Unit Development (R-2/PUD) District for the property located at the southeast corner of 24th Street and Avenue 7½E. (Planning and Neighborhood Services/Communtiy Planning) (Alyssa Linville) Attachments: 1. P&Z REPORT Rezoning: Southeast corner of 24th Street and Avenue 7 1/2E 2. ORD Rezoning: Southeast corner of 24th Street and Avenue 7 1/2E 2. O2022-049 Right-of-Way Vacation and Exchange: Bobby Combs RV Authorize the vacation of a portion of 32nd Street right-of-way in exchange for fee ownership of the remaining 32nd Street right-of-way with owners Rodney Haile and James Haile. (David Wostenberg) (Engineering) Attachments: 1. MAP Right of Way Vacation and Exchange: Bobby Combs RV 2. ORD Right of Way Vacation and Exchange: Bobby Combs RV 3. EXH Right of Way Vacation and Exchange FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. City of Yuma Page 5 Printed on 9/19/2022 City Council Meeting Agenda September 21, 2022 IV. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. Appointments: • Building Advisory Board - one appointment • Housing Authority Commission - one reappointment 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 September 8, 2022 through September 21, 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. 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. V. 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. VI. 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 6 Printed on 9/19/2022 City Council Meeting Agenda September 21, 2022 VII. 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 Ashmore v. City of Yuma, et al. lawsuit. (A.R.S. 38-431.03 A3 & A4). B. Discussion, consultation with and/or instruction to legal counsel relating to the regulatory process in connection with a land use proposal in Yuma County. (A.R.S. 38-431.03 A3 & A4). C. Discussion, consultation with and/or instruction to legal counsel regarding the Ramos et al v. City of Yuma et al lawsuit. (A.R.S. 38-431.03 A3 & A4). Addition 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 9/19/2022