City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, February 15, 2023 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 2/10/2023 City Council Meeting Agenda February 15, 2023 PRESENTATIONS • Presentation by the City's Auditors, Heinfeld, Meech & Co. PC, on the FY2022 Annual Financial Statement and Audit Results 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 2023-028 Regular Council Meeting Draft Minutes December 21, 2022 Attachments: 2022 12 21 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 2023-021 Liquor License: Takos & Beer Approve a Series #12: Restaurant Liquor License application submitted by Heriberto Guzman, agent for Takos & Beer located at 2640 S. 4th Avenue. (LL23-03) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Liquor License: Takos & Beer 2. MC 2023-022 Liquor License: Yuma Liquor Approve a Series #9: Liquor Store/Location Transfer Liquor License application submitted by Delon Ablahad, agent for Yuma Liquor located at 2411 S. 4th Avenue. (LL23-02) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Liquor License: Yuma Liquor City of Yuma Page 2 Printed on 2/10/2023 City Council Meeting Agenda February 15, 2023 3. MC 2023-023 Bid Award: Restroom Remodel at Carver Park Authorize the City Administrator to execute a contract for restroom remodel construction services at Carver Park to the lowest responsive and responsible bidder in the amount of $147,476.00: to Merrill Development, Inc. Yuma, AZ (Engineering RFB-23-158) (David Wostenberg/Robin R. Wilson) 4. MC 2023-024 Contract Increase: Architectural and Engineering Services for Fire Station 7 Authorize the City Administrator to execute a change order in the amount of $137,983.45 to Perlman Architects of Arizona for design services. (Engineering-RFQ-21-141) (David Wostenberg/ Robin R. Wilson) 5. MC 2023-025 Amend the boundaries of the Mesa Heights Neighborhood Revitalization Strategy Area Amend the boundaries of the Mesa Heights Neighborhood Revitalization Strategy Area to incorporate newly annexed land planned for development of multi-family residential homes. (Planning and Neighborhood Services/Neighborhood Services) (Rhonda Lee-James). Attachments: 1. MAP Mesa Heights Boundary Amendment 6. MC 2023-026 Amended Final Plat: Cielo Verde Unit 6 (Phase 1) Subdivision Approve the Amended Final Plat of the Cielo Verde Unit 6 (Phase 1) Subdivision. The property is located at the northwest corner of E. 36th Street and S. Eagle Drive. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z REPORT Cielo Verde Unit 6 Phase 1 2. AMENDED PLAT Cielo Verde Unit 6 Phase 1 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. City of Yuma Page 3 Printed on 2/10/2023 City Council Meeting Agenda February 15, 2023 1. O2023-004 Annexation Area No. ANEX-40625-2022: Arizona Avenue Authorize annexation of property located at the northeast corner of Arizona Avenue and 18th Street. (ANEX-40625-2022). (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. PET Annex: Arizona Avenue 2. ORD Annex: Arizona Avenue 2. O2023-005 Right-of-Way Acquisition: Acquisition of Property Rights for the North End Pavement Replacement Project Authorize the acquisition of certain real property and temporary construction easements necessary for the installation, construction and maintenance of the North End Pavement Project (Engineering) (David Wostenberg) Attachments: 1. MAP Right-of-Way Acq.: North End Pavement Replacement Project 2. ORD Right-of-Way Acq.: North End Pavement Replacement Project 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. O2023-006 Right-of-Way Acquisition: Northwest Corner of Gila Ridge Road and Avenue 3E Authorize acquisition of the North 10 feet of right-of-way (R-O-W) along a 235.99 feet section of the northwest corner of Gila Ridge Road and Avenue 3E by gift. (Engineering/ Development Engineering) (David Wostenberg) Attachments: 1. MAP ROW Acq.: NWC Gila Ridge Rd. and Ave. 3E 2. ORD ROW Acq.: NWC Gila Ridge Rd. and Ave. 3E 3. EXH A ROW Acq.: NWC Gila Ridge Rd. and Ave. 3E IV. PUBLIC HEARING AND RELATED ITEMS 1. MC 2023-027 Biennial Development Fee Audit Hearing Conduct a public hearing on the Development Fee Biennial Certified Audit in accordance with Arizona Revised Statues (A.R.S.) § 9-463.05 and Yuma City Code § 157.05 (Finance/Engineering) (Douglas Allen/ David Wostenberg) Attachments: 1. SUPP DOC Biennial Development Fee Audit Hearing City of Yuma Page 4 Printed on 2/10/2023 City Council Meeting Agenda February 15, 2023 FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. V. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. Appointments: • Merit System Board - two appointments 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 2, 2023 through February 15, 2023. 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. VI. 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 5 Printed on 2/10/2023 City Council Meeting Agenda February 15, 2023 VII. 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. VIII. 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 BJA Enterprises v. City of Yuma (A.R.S. § 38-431.03 A3, A4 and A7) 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 2/10/2023