City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, April 19, 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 4/13/2023 City Council Meeting Agenda April 19, 2023 PRESENTATIONS • Yuma Regional Medical Center - A Vision for a Healthier Tomorrow • Swearing in of Police Chief Thomas Garrity 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. TMP-3203 Special Worksession/Legislative Day Draft Minutes March 7, 2023 Attachments: 2023 03 07 SWS Minutes 2. TMP-3204 Special Worksession/Legislative Day Draft Minutes March 8, 2023 Attachments: 2023 03 08 SWS Minutes 3. TMP-3205 Regular Council Worksession Draft Minutes March 14, 2023 Attachments: 2023 03 14 RWS Minutes 4. TMP-3206 Regular Council Meeting Draft Minutes March 15, 2023 Attachments: 2023 03 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) City of Yuma Page 2 Printed on 4/13/2023 City Council Meeting Agenda April 19, 2023 C. Approval of staff recommendations: 1. MC 2023-049 Bid Award: Avenue C Waterline Replacement - 16th Street to 18th Street Authorize the City Administrator to execute a contract in the amount of $523,965.17 for Avenue C Waterline Replacement construction services from 16th Street to 18th Street, to the lowest responsive and responsible bidder, Gutierrez Canales Engineering, Yuma, AZ. (Engineering-RFB-23-114)(David Wostenberg/Robin R. Wilson) 2. MC 2023-050 Bid Award: 32nd Street Paving - Avenue B to Avenue C Authorize the City Administrator to execute a construction services contract in the amount of $1,298,000.00 for 32nd Street paving from Avenue B to Avenue C, to the lowest responsive and responsible bidder, DPE Construction, Inc., Yuma, AZ (Engineering-RFB-22-153) (David Wostenberg/Robin R. Wilson) 3. MC 2023-051 Ratification: Audio Video Record System Upgrade - Municipal Court Ratify and approve the sole source purchase of an audio video record system upgrade at the Municipal Court, in the amount of $105,891.99 to JCG Technologies, Scottsdale, AZ. (Municipal Court-SS-23-234) (Del Miller/Robin R. Wilson) 4. MC 2023-052 Job Order Contract Authorization: Agua Viva Membrane Basin Coating Authorize the execution of a job order contract (JOC) to recoat the Agua Viva Membrane Basin to be processed by PCL Construction, Inc., for an expenditure of $1,441,436.00, amendment of the Master Contract #2019-20000042 to permit JOC expenditures up to $2,000,000 with the approval of City Council, and ratification of prior amendments, which include a $1,000,000 ceiling on the Master Contract, renumbering of the Master Contract, the contract number, and excluding travel expenses from reimbursement. (Engineering - RFQ 2019-20000042) (David Wostenberg/Robin R. Wilson) 5. MC 2023-053 Final Plat: 4th Avenue Industrial Development Subdivision Approve the final plat of the 4th Avenue Industrial Development Subdivision. The properties are located at the northeast corner of 4th Avenue and 40th Street. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. SUPP DOC Final Plat: 4th Avenue Industrial Development City of Yuma Page 3 Printed on 4/13/2023 City Council Meeting Agenda April 19, 2023 6. MC 2023-054 Special Use Permit for the Handling and Storage of Hazardous Waste at 2264 E. 13th Street, Yuma, Arizona, Yuma County Special Use Permit (SUP) No. 23-01 The attached letter incorporates the comments of the Yuma City Council on behalf of the City of Yuma to the Yuma County Planning and Zoning Commission concerning AA Sydcol LLC’s application for a hazardous waste handling and storage facility special use permit proposed for 2264 E. 13th Street.(City Administration)(John D. Simonton) Attachments: Yuma County Planning & Zoning Letter 04.06.23.doc 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. R2023-013 Preannexation Development Agreement - Powerhouse Management LLC Authorize a Preannexation Development Agreement with Powerhouse Management LLC for property located at 1717 South Pacific Avenue. (City Attorney) (Richard Files) Attachments: 1. MAP PDA: Powerhouse Management LLC 2. RES PDA: Powerhouse Management LLC 3. EXH A PDA: Powerhouse Management LLC 2. R2023-014 Intent to Create Municipal Improvement District No. 122: Desert Sky Units No. 2 and 3 Approve the creation of Municipal Improvement District No. 122 to serve Desert Sky Units No. 2 and 3. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. RES MID 122: Intent to Create: Desert Sky Units 2 and 3 2. EXH A MID 122: Intent to Create: Desert Sky Units 2 and 3 City of Yuma Page 4 Printed on 4/13/2023 City Council Meeting Agenda April 19, 2023 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. O2023-010 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 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 City of Yuma Page 5 Printed on 4/13/2023 City Council Meeting Agenda April 19, 2023 IV. BUDGET DISCUSSION Discussion and questions by City Council relating to the proposed FY2024 Budget. 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: • Housing Authority of the City of Yuma (HACY) - 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 April 6, 2023 through April 19, 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 6 Printed on 4/13/2023 City Council Meeting Agenda April 19, 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 the Powerhouse Management Preannexation Development Agreement. (A.R.S. § 38-431.03 A3 & A4) B. Discussion, consultation with and/or instruction to legal counsel regarding City of Yuma Charter provisions and proposed amendments. (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 7 Printed on 4/13/2023