City of Yuma

City Council Meeting

Agenda

Wednesday, June 5, 2024

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 the Call to the Public must complete a

Speaker Request Form. Forms are located at the entrance of the Council Chambers and

should be submitted to City Clerk staff on the evening of the City Council meeting.

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 Zoom on their computer or mobile device at

https://cityofyuma.zoom.us/.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

FINAL CALL

Final call for submission of Speaker Request Forms for agenda related items.

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):

MC 2024-065

Regular City Council Worksession Draft Minutes April 30, 2024

Attachments:

2024 04 30 RWS Minutes

MC 2024-066

Special City Council Meeting Draft Minutes May 8, 2024

Attachments:

2024 05 08 SCM 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:

MC 2024-067

Liquor License: Original Yumas Red Tacos

Approve a Series #12: Restaurant Liquor License application

submitted by Michelle Armenta, agent for Original Yumas Red

Tacos located at 2601 S. 4th Avenue. (LL24-06) (City

Administration/City Clerk) (Lynda L. Bushong)

Attachments:

1. MAP Liquor License: Original Yumas Red Tacos

MC 2024-068

Request for Proposals Award: Professional Audit Services

Authorize the City Administrator to execute a three-year contract,

with the option to renew for two additional one-year periods, at an

estimated annual cost of $106,400, depending on the

appropriation of funds and satisfactory performance to: BakerTilly

US, LLP, Tempe, AZ. (Finance - RFP-24-263) (Douglas

Allen/Robin R. Wilson)

MC 2024-072

First Amendment: Concession Services Agreement

Amend the existing Concessionaire Agreement with Guzman

Hospitality Group LLC, for operation of the restaurant at Desert Hills

Golf Course (Parks and Recreation) (Eric Urfer)

Attachments:

1. AGR Concession Services Agreement

2. SUPP DOC Concession Services Agreement

MC 2024-069

Request for Proposals Award: Transaction Privilege (Sales) and

Use Tax Auditing Services

Authorize the City Administrator to execute a one-year contract, with

the option to renew for four additional one-year periods, at an

estimated annual expenditure of $60,000.00, depending on the

appropriation of funds and satisfactory performance to Albert Holler &

Associates, Queen Creek, Arizona. (Finance - RFP-24-252) (Douglas

Allen/Robin R. Wilson)

MC 2024-070

Bid Award: 28th Street Reconstruction Project

Authorize the City Administrator to execute a construction services

contract for road and infrastructure improvements on 28th Street from

4th Avenue to Madison Avenue and on Virginia Drive from 28th Street

to 27th in the amount of $846,255.30 to the lowest responsive and

responsible bidder, DPE Construction, Inc., Yuma, Arizona.

(Engineering RFB-23-277) (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 may be taken separately.

R2024-016

Ratification of Intergovernmental Agreement: Yuma Elementary

School District No. 1 School Safety Program Grant for School

Resource Officers

Ratify execution of a three-year Intergovernmental Agreement

(IGA) with the Yuma Elementary School District No. 1 (District) for

School Resource Officer (SRO) services. (Police/Patrol) (T.

Garrity)

Attachments:

1. RES IGA: Yuma School District No. 1 SROs

2. AGMT IGA: Yuma School District No. 1 SROs

R2024-017

Extension of Delegation Agreement: Arizona Department of

Environmental Quality

Authorize the extension of the Delegation Agreement with the Arizona

Department of Environmental Quality (ADEQ) for the issuance of open

burning permits until May 23, 2026. (Fire Department/Community Risk

Reduction) (Dustin Fields)

Attachments:

1. RES ADEQ IGA Open Burning Permit

2. SUPP DOC ADEQ IGA Open Burning Permit

R2024-019

Intent to Create Municipal Improvement District No. 125: Saguaro

Units 5 & 6

Approve the creation of Municipal Improvement District (MID) No. 125

to serve Saguaro Units 5 & 6 located at the southwest corner of

Mississippi Avenue and 44th Street. (Planning and Neighborhood

Services/Community Planning) (Alyssa Linville).

Attachments:

1. RES MID 125 Intent to Create Saguaro Units 5 & 6

2. EXH A MID 125 Intent to Create Saguaro Units 5 & 6

R2024-021

Intergovernmental Agreement: Arizona Department of

Transportation - Highway User Revenue Funding Exchange

Authorize the City Administrator to execute an Intergovernmental

Agreement (IGA) with the Arizona Department of Transportation

(ADOT) regarding receiving Highway User Revenue Funding (HURF)

exchange funding in the amount of $900,000 for the construction of a

box culvert, located on Avenue 7E and 40th Street. (Engineering)

(David Wostenberg)

Attachments:

1. RES IGA HURF Exchange Funding – Bridge 7E and 40th Street

2. IGA HURF Exchange Funding – Bridge 7E and 40th Street

R2024-022

Intergovernmental Agreement: Arizona Department of

Transportation - Crane Elementary School District No. 13

Transportation Safety Project

Authorize the City Administrator to execute an Intergovernmental

Agreement (IGA) with the State of Arizona Department of

Transportation for the design of the Crane Elementary School District

No. 13 Transportation Safety Project where the City is acting as

project sponsor for Crane Elementary School District. This is a

Transportation Alternatives Program Funding (TA) project and is

94.3% grant funded, 5.7% local match, for a total amount of

$153,002.00. (Engineering) (David Wostenberg)

Attachments:

1. RES IGA ADOT Crane Elementary School Dist

2. IGA ADOT Crane Elementary School Dist

R2024-023

Intergovernmental Agreement: Arizona Department of

Transportation - 32nd Street Shared Use Pathway Project

Authorize the City Administrator to execute an Intergovernmental

Agreement (IGA) with the State of Arizona Department of

Transportation (ADOT) for the design of the 32nd St. Shared Use

Pathway Project. This is a Transportation Alternatives Program

Funding (TA) project and is 94.3% grant funded, 5.7% local match, for

a total amount of $333,912.00. (Engineering) (David Wostenberg)

Attachments:

1. RES ADOT Shared Use Pathway Project - 32nd St

2. IGA ADOT Shared Use Pathway Project - 32nd St

R2024-024

Intergovernmental Agreement: Arizona Department of

Transportation - Bus Pull-Outs, Avenue A at 16th Street Project

Authorize the City Administrator to execute an Intergovernmental

Agreement (IGA) with the State of Arizona Department of

Transportation for the construction of the Bus Pull-Outs Avenue A at

16th Street Project. This is a Carbon Reduction Program (CRP)

project where design will be 100% funded by City Road Tax Funds

and construction will be 94.3% grant funded, 5.7% local match.

(Engineering) (David Wostenberg)

Attachments:

1. RES ADOT Bus Pull-Outs Avenue A at 16th Street Project

2. IGA ADOT Bus Pull-Outs Avenue A at 16th Street Project

R2024-025

Intergovernmental Agreement: Arizona Department of

Transportation - Shared-Use Pathway, East Wetlands Park to

Pacific Avenue Project

Authorize the City Administrator to execute an Intergovernmental

Agreement (IGA) with the State of Arizona Department of

Transportation for the design and construction of the Shared-Use

Pathway East Wetlands Park to Pacific Avenue Project. This is a

Carbon Reduction Program (CRP) project where design will be

100.0% funded by City Road Tax Funds and construction will be

94.3% grant funded, 5.7% local match. (Engineering) (David

Wostenberg)

Attachments:

1. RES IGA with ADOT - Shared-Use Pathway

2. IGA with ADOT - Shared-Use Pathway

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.

O2024-019

Right-of-Way Vacation and Exchange: JAKART Holdings, LLC

Authorize the vacation of 25 feet of 4th Avenue right-of-way (easement)

in exchange for the underlying fee title to the remaining 75 feet of

right-of-way with JAKART Holdings, LLC, and City acceptance of a

utility easement. (Engineering) (David Wostenberg)

Attachments:

1. ORD ROW Vacation and Exchange: JAKART Holdings, LLC

2. EXH A-B ROW Vacation and Exchange: Jakart Holdings, LLC

3. MAP ROW Vacation and Exchange: JAKART Holdings, LLC

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.

O2024-020

Grant of Easement: Electrical Facilities - 200 S. Maiden Lane

Authorize the City Administrator to execute a grant of easement on

City property near the southeast corner of Maiden Lane and 2nd

Street to Arizona Public Service Company (APS) for the

installation of electric facilities necessary for the development of

surrounding Downtown Yuma properties. (City Administrator/Jay

Simonton)

Attachments:

1. ORD Utility Easement: Electrical Facilities -200 S. Maiden Lane

2. AGMT Utility Easement: Electrical Facilities -200 S. Maiden Lane

O2024-021

Rezoning of Property: Northwest Corner of 28th Street and

Avenue B

Approve the rezoning of an approximately .51 acre lot from the

Agriculture (AG) District to the Limited Commercial (B-1) District,

for the property located on the northwest corner of 28th Street and

Avenue B, Yuma, AZ. (ZONE-42395-2024) (Planning and

Neighborhood Services/Community Planning) (Alyssa Linville)

Attachments:

1. P&Z RPT Rezoning: NWC 28th Street and Avenue B

2. ORD Rezoning: NWC 28th Street and Avenue B

O2024-023

Amend Yuma City Code: Parks, Arts, and Recreation Commission

Amend § 50-02(C) of the Yuma City Code (YCC) to remove the

two-term limit for members of the Parks, Arts, and Recreation

Commission and amend YCC § 50-05(A) to change the meeting

frequency from monthly to quarterly and as deemed necessary by the

Parks, Arts, and Recreation Commission. (Parks and Recreation)

(Eric Urfer)

Attachments:

1. ORD City Code Amendment: PARC

O2024-024

Amend Yuma City Code: Regulating Parks Within the City

Adopt a City ordinance to update current park operations and address

ongoing issues in the parks. (Parks and Recreation) (Eric Urfer)

Attachments:

1. ORD Parks Code Amendment

V. PUBLIC HEARING - BUDGET RELATED ITEM

MC 2024-071

Public Hearing: Truth in Taxation, Main Street Mall and Off-Street

Parking Maintenance District No. 1, Levy for 12 Municipal

Improvement Districts, and Final Budget Adoption for Fiscal Year

2025

Conduct a combined public hearing on the proposed City of Yuma

primary property tax levy (Truth-in-Taxation); the Main Street Mall and

Off-Street Parking Maintenance District No. 1 expenditures and levy,

as well as for the 12 Municipal Improvement Districts (MID) and the

proposed revenues and expenditures (budget) for Fiscal Year 2025

pursuant to A.R.S. § 42-17104.

The City of Yuma expenditure budget for Fiscal Year 2025 in the

amount of $521,167,546 which is comprised of a Capital

Improvement Program Budget of $222,418,219; 12 Maintenance

Improvement Districts combined for $672,094 and an Operating

Expenditure Budget of $298,077,233; including Governmental and

Enterprise operations. Following the close of the public hearing, City

Council may open a special meeting to adopt the proposed budget

resolution, which includes a 3% increase in solid waste fees.

(Administration/Finance) (Jay Simonton/Doug Allen)

Attachments:

1. FY25 City of Yuma Budget Schedules A-G

VI. SPECIAL MEETING: Discussion and Possible Action relating to the FY2025 Final

Budget

City Council will convene a Special Meeting in accordance with Arizona law to consider

adoption of the Capital Improvement Program and Final Budget for Fiscal Year 2025.

R2024-018

Fiscal Year 2025 - Fiscal Year 2029 Capital Improvement

Program

Adopt a resolution approving the FY 2025 - FY 2029 Capital

Improvement Program, pursuant to the Yuma City Charter, Article

XII, Section 11. (Engineering) (Susan Cowey)

Attachments:

1. RES FY 2025 - FY 2029 Capital Improvement Program

R2024-020

Final Budget Adoption for Fiscal Year 2025

Adopt the City of Yuma’s final budget for Fiscal Year 2025 in the

amount of $521,167,546 which is comprised of a Capital

Improvement Program Budget of $222,418,219; 12 Maintenance

Improvement Districts combined for $672,094 and an Operating

Expenditure Budget of $298,077,233; including Governmental and

Enterprise operations. The adoption of the proposed budget

resolution includes a 3% increase in solid waste fees and

establishes the budgets for the Main Street Mall and Off-Street

Parking Maintenance District No. 1. (Administration/Finance) (Jay

Simonton/Doug Allen)

Attachments:

1. RES Final Budget Adoption for FY25

1. SUPP DOC Final Budget Adoption for FY25: Schedules A-G

RECONVENE REGULAR MEETING

ADDITIONAL BUDGET RELATED ITEMS

O2024-022

Adopt the Fiscal Year 2025 City of Yuma Primary Property Tax

Levy, the Main Street Mall and Off-Street Parking Maintenance

District No. 1 Property Tax Levy, and 12 Municipal Improvement

District Tax Levies

Adopt the Fiscal Year 2025 Primary Property Tax Levy, the Main

Street Mall and Off Street Parking Maintenance District No. 1 Property

Tax Levy, and 12 Municipal Improvement District Tax Levies.

(Administration/Finance) (Jay Simonton/Doug Allen)

Attachments:

1. ORD Adopt FY 2025 Tax Levy

FINAL CALL

Final call for submission of Speaker Request Forms for Call to the Public.

VII. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING

Discussion and possible action on the following items:

1. Appointments:

• Industrial Development Authority - one reappointment

• Residential Advisory Board - three appointments

• Water and Sewer Commission - 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 May 16, 2024, through June 5, 2024. 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.

VIII. 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.

IX. 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.

X. 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, consideration and/or direction regarding the possible purchase, sale, or

lease of various properties. (A.R.S. 38-431.03 A 3, 4 and/or 7)

B. Discussion, consultation, and/or direction to legal counsel regarding different aspects of

A.R.S. § 38-431 et seq. and state and federal constitutions. (A.R.S.38-431.03 A(3) and

A(9)).

C. Discussion, consultation with, and/or instruction to legal counsel regarding the Heebink

Notice of Claim. (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.