City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, May 21, 2025 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. Those wishing to speak on an agenda item or during Call to the Public must complete a Speaker Request Form prior to the start of the meeting. Speaker Request Forms can be found on the City's website, in the Clerk's Office, as well as in the Council Chambers. "Call to the Public" comments are limited to non-agenda items that pertain to City business under the authority and legislative functions of the City Council. The total time for "Call to the Public" is limited to 30 minutes. Speaker Request Forms should be submitted to City clerk staff prior to the start of each meeting. All speakers, whether speaking on an agenda item or during "Call to the Public" are provided 3 minutes, with no more than 5 speakers permitted per topic/issue. City Council Worksessions and Regular City Council Meetings can be viewed through the following platforms: • Cable – Meetings are broadcast live on Spectrum Cable Channel 73. • Live Stream – Residents can watch meetings on their computer or mobile device at www.yumaaz.gov/telvue. Previous Council meetings are also available on-demand. • Virtual – Residents can watch meetings via Teams on their computer or mobile device at www.yumaaz.gov/publicmeetings. Click on "Calendar" then select the City meeting and click "Join". CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE FINAL CALL Final call for submission of Speaker Request Forms for agenda related items. City of Yuma Page 1 Printed on 5/16/2025 City Council Meeting Agenda May 21, 2025 ROLL CALL PRESENTATIONS • Presentation of Great American Defense Community Award 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 may be taken separately. A. Approval of minutes of the following City Council meeting(s): 1. MC 2025-078 Regular City Council Meeting Draft Minutes March 19, 2025 Attachments: 1. 2025 03 19 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 2025-069 Liquor License: El Fuego Market and Liquor Approve a Series #09: Liquor Store/Owner Transfer Liquor License application submitted by Allen Mikha, agent for El Fuego Market and Liquor located at 2200 W. 3rd Street. (LL25-07) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Liquor License: El Fuego Market and Liquor 2. MC 2025-070 Liquor License: Sunkissed Coffeehouse Approve a Series #12: Restaurant Liquor License application submitted by Juanita Esparza, agent for Sunkissed Coffeehouse located at 3860 W. 24th Street #109. (LL25-08) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Liquor License: Sunkissed Coffeehouse City of Yuma Page 2 Printed on 5/16/2025 City Council Meeting Agenda May 21, 2025 3. MC 2025-060 Bid Award: Asphalt and Concrete Maintenance Services Authorize the purchase of concrete work for the Yuma Civic Center utilizing the Asphalt and Concrete Maintenance Services agreement at an expenditure of $215,381.20 awarded to Gutierrez Canales Engineering, PC, Yuma, Arizona. (Public Works-RFQ-22-089/Engineering) (David Wostenberg/Robin R. Wilson) 4. MC 2025-071 Bid Award: 28th Street Widening - 45th Avenue to 33rd Drive Award a construction services contract for 28th Street Widening - 45th Avenue to 33rd Drive, to the lowest responsive and responsible bidder in the amount of $4,136,000.00 to DPE Construction, Yuma, AZ. (Engineering-RFB-22-171) (David Wostenberg/Robin R. Wilson) 5. MC 2025-072 Bid Award: Edenwood Estates Pavement Replacement Award a construction services contract for the Edenwood Estates Pavement Replacement to the lowest responsive and responsible bidder in the amount of $2,073,500 to DPE Construction, Inc., Yuma, Arizona. (Engineering-RFB-25-242) (David Wostenberg/ Robin R. Wilson) 6. MC 2025-073 Request for Qualifications Award: Environmental, Geotechnical and Materials Testing and Other Related Services Award a one-year contract with the option to renew for four additional one-year periods, one period at a time, depending on the appropriation of funds and satisfactory performance for Environmental, Geotechnical and Materials Testing and Related Services with the following three firms: Geotechnical Testing Services, Inc., Yuma, Arizona, Nicklaus Engineering, Inc., Yuma, Arizona, Ninyo & Moore Geotechnical & Environmental Sciences Consultants, Phoenix, Arizona. (Engineering-RFQ-25-225) (David Wostenberg/Robin R. Wilson) 7. MC 2025-075 Settlement: Torres Claim Authorize settlement of the Torres Notice of Claim. (City Attorney) (Richard Files) City of Yuma Page 3 Printed on 5/16/2025 City Council Meeting Agenda May 21, 2025 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 may be taken separately. 1. R2025-048 Intergovernmental Agreement: Arizona Department of Transportation - Comprehensive Safety Action Plan Authorize the City Administrator to execute an Intergovernmental Agreement with the Arizona Department of Transportation to develop a Comprehensive Safety Action Plan for the City of Yuma. (Engineering) (Dave Wostenberg) Attachments: 1. RES IGA: ADOT-Comprehensive Safety Action Plan 2. AGMT IGA: ADOT-Comprehensive Safety Plan 3. EXH B-D IGA: ADOT Comprehensive Safety Plan 2. R2025-049 Preannexation Development Agreement: 9437 E. Stetson Street Authorize a Preannexation Development Agreement for the property located at 9437 E. Stetson Street. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. RES PDA: 9437 E. Stetson Street 2. AGR PDA: 9437 E. Stetson Street 3. R2025-050 Intergovernmental Agreement Amendment: Arizona Department of Transportation - Pedestrian Hybrid Beacons Authorize the City Administrator to execute Amendment No. One to the Intergovern-mental Agreement with the State of Arizona Department of Transportation (ADOT) dated October 20, 2023 reducing the scope of work due to funding issues from the original three pedestrian hybrid beacons (PHB) to two PHBsThis is a Highway Safety Improvement Program (HSIP) project and is 100% grant funded at a total amount of $1,660,238.00. (Engineering) (Dave Wostenberg) Attachments: 1. RES IGA with ADOT Amendment No. One 2. AMEND IGA with ADOT Amendment No. One City of Yuma Page 4 Printed on 5/16/2025 City Council Meeting Agenda May 21, 2025 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 may be removed from the Ordinance Consent Agenda and the vote or action will be taken separately. 1. O2025-013 Grant of Easement: 7th Street Alignment between 21st Avenue and 24th Avenue Upon payment of the purchase price, authorize the City Administrator to sign and record the Grant of Easement described below. (Engineering) (David Wostenberg) Attachments: 1. ORD Grant of Easement: Cafe Main Street 2. DEED Grant of Easement: Cafe Main Street 2. O2025-014 Right-of-Way Vacation: 28th Street Vacate 28th Street right-of-way to Top Quality Products, LLC, a Delaware limited liability company. (Engineering) (David Wostenberg) Attachments: 1. MAP Right-of-Way Vacation 28th Street 2. ORD Right-of-Way Vacation 28th Street 3. O2025-015 Rezoning of Property: Near the Southeast Corner of Avenue 9E and 24th Street The Planning and Zoning Commission recommends denial of this rezone request by a vote of 4-2. Public comment will be taken at the public hearing on May 7, 2025. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z RPT: Rezoning near the SEC of Avenue 9E & 24th Street 2. Rezoning Concerns: Rezoning near the SEC of Avenue 9E & 24th Street 3. 2025 Patagonia Proposed Site Plan: Rezoning near the SEC of Avenue 9E & 24th Street 4. 2015 Patagonia Site Plan: Rezoning near the SEC of Avenue 9E & 24th Street 5. ORD: Rezoning near the SEC of Avenue 9E & 24th Street City of Yuma Page 5 Printed on 5/16/2025 City Council Meeting Agenda May 21, 2025 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. O2025-016 Rezoning of Properties: 19 A, LLC Rezone approximately 160 acres from the Agriculture (AG) District to the Heavy Industrial (H-I) District, for the properties located at the northeast corner of W. 96th Street and S. Avenue A. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z RPT Rezoning of Properties: 19 A, LLC 2. ORD Rezoning of Properties: 19 A, LLC 2. O2025-017 Text Amendment: Animals and Fowl Amend Yuma City Code,Title 13, Chapter 130, Animals and Fowl, in response to State law changes that allow domestic fowl on residential properties, development standards for the placement of domestic fowl, and provide clarity with regard to animals allowed, maintenance, and enclosures. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. ORD Text Amendment: Animals and Fowl 3. O2025-018 Text Amendment: Large Animals Amend Title 15, Chapter 154 Suburban Ranch and Low Density Residential zoning districts to amend the calculation for the allowed number of large animals. (Planning and Neighborhood Services/ Community Planning) (Alyssa Linville) Attachments: 1 P&Z RPT Text Amendment: Large Animals 2 ORD Text Amendment: Large Animals 4. O2025-019 Text Amendment: Accessory Dwelling Units Amend Title 15, Chapter 154, to update development regulations and expand the residential zoning districts which permit accessory dwelling units. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z RPT Text Amendment: Accessory Dwelling Units 2. ORD Text Amendment: Accessory Dwelling Units City of Yuma Page 6 Printed on 5/16/2025 City Council Meeting Agenda May 21, 2025 5. O2025-020 Text Amendment: Planned Unit Development Overlay District Amend Title 15, Chapter 154, Article 14, Section 7, to update regulations within the Planned Unit Development Overlay (PUD) District. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z RPT Text Amendment: Planned Unit Development Overlay District 2. ORD Text Amendment: Planned Unit Development Overlay District V. BUDGET AND RELATED ITEMS 1. MC 2025-076 Public Hearing: Fiscal Year 2026 - Fiscal Year 2030 Capital Improvement Program Conduct a public hearing for the proposed Fiscal Year 2026 - Fiscal Year 2030 City of Yuma Capital Improvement Program pursuant to Yuma City Charter, Article XIII, Section 11. (Engineering) (Dave Wostenberg) The following discussion may result in the approval of the Tentative Annual Budget for Fiscal Year 2026 2. MC 2025-077 Tentative Annual Budget for Fiscal Year 2026 Adopt the Fiscal Year 2026 Tentative Annual Budget in the amount of $547,121,059 which includes a Capital Improvement Plan budget of $221,254,573; combined Maintenance Improvement Districts of $636,884; and Operating Expenditure / Expense Budget of $325,229,602 including Governmental and Enterprise operations. (Administration/Finance) (Jay Simonton/Douglas Allen) Attachments: 1. FY 2026 Tentative Budget State Forms Schedules A-G VI. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. Appointments: • ADA Advisory Commission City of Yuma Page 7 Printed on 5/16/2025 City Council Meeting Agenda May 21, 2025 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 May 8, 2025 through May 21, 2025. 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. 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 within City Council's authority and jurisdiction that are not listed on the agenda during the "Call to the Public" segment of the meeting. All speakers must complete a Speaker Request Form and submit it to City Clerk staff no later than the "Final Call for Speaker Request Forms" is made at the beginning of each meeting. 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 concerning potential litigation. (A.R.S. §38-431.03 A3, A4 & A7) B. Discussion, consultation with and/or instruction to legal counsel regarding Tortora v. City of Yuma. (A.R.S. §38-431.03 A3 & A4) City of Yuma Page 8 Printed on 5/16/2025 City Council Meeting Agenda May 21, 2025 C. Discussion, consultation with and/or instruction to legal counsel regarding the railroad crossing at 9E. (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 5/16/2025