City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, April 5, 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 3/30/2023 City Council Meeting Agenda April 5, 2023 PRESENTATIONS • Reading of Child Abuse Prevention Month Proclamation 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 2023-048 Regular Council Worksession Draft Minutes February 14, 2023 Attachments: 2023 02 14 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 2023-039 Liquor License: Old Town Wine Cellar-Series #7 Approve a Series #7: Beer and Wine Bar Liquor License application submitted by Kimberly Maloney, agent for Old Town Wine Cellar located at 265 S. Main Street #E. (LL23-07) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Liquor License: Old Town Wine Cellar 2. MC 2023-040 Liquor License: Old Town Wine Cellar-Series #10 Approve a Series #10: Beer and Wine Store Liquor License application submitted by Kimberly Maloney, agent for Old Town Wine Cellar located at 265 S. Main Street #E. (LL23-05) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Liquor License: Old Town Wine Cellar City of Yuma Page 2 Printed on 3/30/2023 City Council Meeting Agenda April 5, 2023 3. MC 2023-041 Liquor License: Blue Cloud Distribution of Arizona, Inc. Approve a Series #4: Wholesaler Liquor License application submitted by Camila Alarcon, agent for Blue Cloud Distribution of Arizona, Inc. located at 7258 E. 29th Street. (LL23-06) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Liquor License: Blue Cloud Distribution of Arizona Inc. 4. MC 2023-042 Bid Award: North End Pavement Replacement Authorize the City Administrator to execute a contract for construction services for the North End Pavement Replacement to the lowest responsive and responsible bidder in the amount of $2,784,704.15 for the base bid and $1,918,301.83 for the alternate bid for a total of $4,703,005.98 to DPE Construction, Inc. Yuma, AZ (Engineering-RFB-23-103) (David Wostenberg/Robin R. Wilson) 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. R2023-009 Intergovernmental Agreement: Yuma County for Election Services Approve an Intergovernmental Agreement (IGA) with Yuma County to assist with the coordination and administration of City elections. (Administration/City Clerk) (Lynda Bushong) Attachments: 1. RES IGA Yuma County Election Services 2. AGMT IGA Yuma County Election Services 2. R2023-010 Resolution of Support: Arizona State Parks Off-Highway Vehicle Recreational Trails Fund - West Wetlands Park Adopt a resolution supporting the submission of an Arizona State Parks Off-Highway Recreational Trails Fund grant application for funding to install an ADA accessible pathway in the West Wetlands Park, connecting the parking lot and the Stewart Vincent Wolfe Creative Playground / Castle Park to a nearby restroom facility. (Parks & Recreation) (Eric Urfer) Attachments: 1. RES Resolution of Support: Off-Highway Vehicle Recreations Trails Fund City of Yuma Page 3 Printed on 3/30/2023 City Council Meeting Agenda April 5, 2023 3. R2023-011 Resolution of Support: Arizona State Parks Off-Highway Vehicle Recreational Trails Fund - East Mesa Community Park Adopt a resolution supporting the submission of an Arizona State Parks Off-Highway Recreational Trails Fund grant application for funding to install an ADA accessible loop trail as part of the new East Mesa Community Park, connecting the parking lot to various amenities throughout the first phase of the park and connecting the park to the Veterans Assisted Living Facility. (Parks & Recreation) (Eric Urfer) Attachments: 1. RES Resolution of Support: Off-Highway Vehicle Recreational Trails Fund 4. R2023-012 Resolution of Support: Arizona State Land and Water Conservation Fund - East Mesa Community Park Adopt a resolution supporting the submission of an Arizona State Park Land and Water Conservation Fund grant application for funding the purchase and installation of an inclusive playground as part of the new East Mesa Community Park. (Parks & Recreation) (Eric Urfer) Attachments: 1. RES Resolution of Support: Arizona State Land and Water Conservation Fund 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. O2023-007 Rezoning of Property: 2774 S. Avenue B Rezone approximately .88 acres from the Agriculture (AG) District to the Limited Commercial (B-1) District for the property located at 2774 S. Avenue B. (Planning & Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z RPT Rezoning of Property: 2774 S. Avenue B 2. ORD Rezoning of Property: 2774 S. Avenue B City of Yuma Page 4 Printed on 3/30/2023 City Council Meeting Agenda April 5, 2023 2. O2023-008 Rezoning of Property: E. North Frontage Road and S. Avenue 3E Approve the rezoning of approximately 20 acres from the Agriculture (AG) District to the General Commercial/Aesthetic Overlay (B-2/AO) District for the property located at the northeast corner of E. North Frontage Road and S. Avenue 3E (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z RPT Rezoning: Ave 3E & N. Frontage Road 2. ORD. Rezoning: Ave 3E & N. Frontage Road 3. O2023-009 Rezoning of Property: Northwest corner of 24th Street and Avenue 9E Rezone approximately seven acres from the Agriculture (AG) District to the Medium Density Residential (R-2) District for the property located at the northwest corner of 24th Street and Avenue 9E. (Planning and Neighborhood Services/Communtiy Planning) (Alyssa Linville) Attachments: 1. P&Z REPORT Rezoning: Northwest Corner of 24th Street and Avenue 9E 2. ORD Rezoning: Northwest Corner of 24th Street and Avenue 9E 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. O2023-010 Rezoning of Property: 36th Street and Avenue 7½E Rezone approximately three acres from the Agriculture (AG) District to the High Density Residential (R-3) District, for the property located at the northwest corner of 36th Street and Avenue 7½E, Yuma, AZ. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z RPT Rezone 36th Street 2. ORD Rezoning: 36th Street City of Yuma Page 5 Printed on 3/30/2023 City Council Meeting Agenda April 5, 2023 2. O2023-011 Rezoning of Property: Between 36th Street and 40th Street, West of Avenue 10E Rezone approximately 10 acres from the Low Density Residential (R-1-40) District to the Recreational Vehicle Subdivision (RVS) District for the properties located between 36th Street and 40th Street, west of Avenue 10E. (Planning and Neighborhood Services/Communtiy Planning) (Alyssa Linville) Attachments: 1. P&Z RPT: Rezoning: Ranchos El Toreo 2. ORD Rezoning: Ranchos El Toreo 3. O2023-012 Amend Legal Description in Ordinance O2022-050 Amend the legal description for Ordinance O2022-050 concerning City-owned surplus property located at 1651 S. 1st Avenue; APN: 665-36-062. (City Engineer) (David Wostenberg) Attachments: 1. MAP Amend Legal Description O2022-050 2. ORD Amend Legal Description O2022-050 4. O2023-013 Restrictive Covenant on City-owned Property Adopt an ordinance authorizing a restrictive covenant on the City-owned Lot 2 of the Center Pointe Commons Plat and the 1040 square feet of vacated alleyway described in the ordinance. (City Attorney/Richard Files) Attachments: 1. SUPP DOC Restrictive Covenant on City-owned Property 3. ORD Restrictive Covenenant on City-owned property Execution Copy - Restrictive Covenant CoY-Slim Chickens v2 3.14.23 V. PUBLIC HEARING AND RELATED ITEMS 1. MC 2023-043 Annexation Area No. ANEX-41018-2023: South County This is a public hearing to consider the annexation of property located at the southeast corner of County 24th Street and Avenue A. (ANEX-41018-2023). (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. PET Annex: South County 2. RESEARCH Annex: South County 3. MAP Annex: South County City of Yuma Page 6 Printed on 3/30/2023 City Council Meeting Agenda April 5, 2023 2. MC 2023-044 Annexation Area No. ANEX-40994-2023: Gila Ridge Road #1 This is a public hearing to consider the annexation of property located along the north property line of 2930 E. Gila Ridge Road. (ANEX-40994-2023). (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. PET Annex: Gila Ridge Road #1 2. RESEARCH Annex: Gila Ridge Road #1 3. Map Annex: Gila Ridge Road #1 3. MC 2023-045 Annexation Area No. ANEX-40995-2023: Gila Ridge Road #2 This is a public hearing to consider the annexation of property located along the north property line of 2734 E. Gila Ridge Road. (ANEX-40995-2023). (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. PET Annex: Gila Ridge Road #2 2. RESEARCH Annex: Gila Ridge Road #2 3. MAP Annex: Gila Ridge Road #2 4. MC 2023-046 Annexation Area No. ANEX-40996-2023: Gila Ridge Road #3 This is a public hearing to consider the annexation of property located along the north property line of 2145 S. Harley Drive. (ANEX-40996-2023). (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. PET Annex: Gila Ridge Road #3 2. RESEARCH Annex: Gila Ridge Road #3 3. MAP Annex: Gila Ridge Road #3 5. MC 2023-047 Annexation Area No. ANEX-40997-2023: Gila Ridge Road #4 This is a public hearing to consider the annexation of property located along the north property line of 2110 S. Harley Drive and 2243 E. Gila Ridge Road. (ANEX-40997-2023). (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. PET Annex Gila Ridge Road 4.docx 2. RESEARCH RPT Annex Gila Ridge Road 4.docx 3. MAP Annex Gila Ridge Road 4.pdf FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. City of Yuma Page 7 Printed on 3/30/2023 City Council Meeting Agenda April 5, 2023 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 March 16, 2023 through April 5, 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. 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. 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 8 Printed on 3/30/2023 City Council Meeting Agenda April 5, 2023 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 purchase of real property. (A.R.S.§ 38-431.03 A3, A4 & A7) B. Discussion, consultation with and/or instruction to legal counsel regarding potential sale of City property. (A.R.S. 38-431.03 A3, A4 & A7) C. Discussion, consultation with and/or instruction to legal counsel regarding proposed EPA permitted Hazardous Waste Transfer Facility at 2264 E. 13th Street. (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 9 Printed on 3/30/2023