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I. 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.

REGULAR CITY COUNCIL MEETING FEBRUARY 18, 2009 - 2

II. 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):

10. 1. Special Worksession December 2, 2008

15. 2. Regular City Council Meeting December 17, 2008

29. 3. Special City Council Meeting January 14, 2009

B. Approval of Staff Recommendations:

Page Item

1. 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)

30. 2. Special Event Liquor License: Caballeros de Yuma, Inc. Approve a Special Event Liquor License application submitted by Jonathan Lines, on behalf of Caballeros de Yuma, Inc., for Midnight at the Oasis Festival. The Special Event will be held at 3500 S. Avenue A, Ray Kroc Complex, on Friday March 6, 2009, from 2:00 p.m.-12 Midnight and Saturday March 7, 2009, from 8:00 a.m.-12 Midnight. (SP09-02) (City Administration/City Clerk)

32. 3. Temporary Extension of Premises/Patio Permit License: LZ Bar & Grill Approve an application for a Temporary Extension of Premises/Patio Liquor License Permit submitted by William Edward Malo, agent for LZ Bar & Grill, 2175 S. Harley Drive, Yuma, Arizona. (EP09-01) (City Administration/City Clerk)

 

REGULAR CITY COUNCIL MEETING FEBRUARY 18, 2009

34. 4. Liquor License: Palagor Asian Fushion Cuisine Approve a # 12 New Liquor License application submitted by Heng Aw, agent for the Palagor Asian Fushion Cuisine located at 771 S. 4th Avenue, Yuma, AZ. (LL09-03) (City Administration/City Clerk)

36. 5. Liquor License: OK Market Approve a #10 New License / Interim Permit Liquor License application submitted by Todd Allen Mattern, agent for OK Market located at 5800 E. Highway 80, Yuma, AZ. (LL09-05) (City Administration/City Clerk)

38. 6. Cooperative Purchase Agreement: Slurry Seal Operations Authorize the purchase of Slurry Seal Operations for a one-year contract utilizing the cooperative purchase agreement initiated by Yuma County at an estimated annual cost of $480,000.00 on an as-needed basis with the following firm: American Asphalt, Las Vegas, Nevada. (Public Works/Streets - Bid #2009000331)

40. 7. Intergovernmental Agreement: Arizona Department of Revenue Authorize the City Administrator to execute an Intergovernmental Agreement between the City of Yuma (City) and the Arizona Department of Revenue (DOR) for the collection and administration of city sales taxes. (Finance/Administration)

56. 8. Weed & Seed Subgrantee Agreement: Housing Authority of the City of Yuma (HACY) Authorize the City Administrator to execute a subgrantee agreement with HACY, in the amount of $9,452.00 for an after-school program, utilizing Department of Justice Weed & Seed Grant funds. (City Administration/Economic Development)

76. 9. Amendment: Geographic Information System (GIS) Electronic Data Price List Amend GIS Electronic Data Price List authorized by City Council on December 5, 2007, to add items, authorize City Administrator to waive fees and authorize City Administrator to modify Price List. (Information Technology/Administration)

 

SUGGESTED MOTION: To approve the MOTION CONSENT AGENDA as recommended:

REGULAR CITY COUNCIL MEETING FEBRUARY 18, 2009

III. 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.

79. A. Resolution R2009-06 Agreement: Governor's Office of Highway Safety Grant Authorize the City Administrator and City Staff to process and execute all forms and documents pertaining to the Governor's Office of Highway Safety Grant Agreement for Arizona's Impaired Driver Program. (Police/Field Services)

106. B. Resolution R2009-07 Amendment: Yuma Riverfront Master and First Phase Development and Disposition Agreement Approve an amendment to the Amended and Restated Yuma Riverfront Master and First Phase Development and Disposition Agreement (Amended and Restated DDA) to facilitate the federal courthouse project within theYuma Riverfront , to change the legal description of the proposed federal courthouse site, to condition City commitments, and to make scrivener error corrections. (City Administration/Yuma Crossing National Heritage Area)

 

SUGGESTED MOTION: To adopt the RESOLUTION CONSENT AGENDA as recommended:

 

REGULAR CITY COUNCIL MEETING FEBRUARY 18, 2009

IV. 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.

123. A. Ordinance O2009-09 Yuma City Code Amendment - Zoning, Chapter 154 Amend the Yuma City Code, Section 154-003 and Section 154-004 to revise the definition of a Home Occupation by eliminating references to performance standards for Home Occupations and providing revised and new performance standards for all home businesses within all residential districts. (Community Development/Community Planning)

138. B. Ordinance O2009-10 Conveyance of Easement: Kofa High School Authorize the conveyance of an easement to Arizona Public Service Company for activities related to the expansion and reconstruction of Yuma Union High School District No. 70 facilities. (City Engineering)

143. C. Ordinance O2009-11 Conveyance of Easements: City Projects Authorize the conveyance of easements to Arizona Public Service Company for activities related to City of Yuma projects. (City Engineering)

153. D. Ordinance O2009-13 Right-of-Way Acquisition: 30th Street Authorize the acquisition of 30th Street right-of-way, between State Route 195 and Avenue 7E. (City Engineering)

158. E. Ordinance O2009-14 Right-of-Way Acquisition: 32nd Street Improvements Authorize the acquisition of right-of-way for 32nd Street improvements at Avenue B. (City Engineering)

163. F. Ordinance O2009-15 Property Disposition: Purchase and Sale of Real Property Approve a property disposition that would authorize the City to (1) purchase real property located at 1101 W. 16th Street; (2) compensate for the relocation costs of a dental office, and (3) sell adjacent real property owned by the City. (City Attorney)

177. G. Ordinance O2009-16 Rezoning of Property: Northeast Corner of Avenue 5 ½ E and 40th Street Rezone property from the Low Density Residential (R-1-6) District to the Low Density Residential (R-1-8) District. The applicant is Christina Perricone, on behalf of LGJ Yuma Inc., Sam and Mary Perricone, Robert and Mary Alka, Daniel and Ana Urias. (Z2008-020) (Community Development/Community Planning)

191. H. Ordinance O2009-17 Amend Ordinance No. O2004-69: Federal General Services Administration Property Transaction Approve amendments to Ordinance No. O2004-69 to change the legal description and update the Assignable Site Purchase Option for the federal courthouse property transaction with General Services Administration (GSA) (City Administration/Yuma Crossing National Heritage Area)

SUGGESTED MOTION: To adopt the ORDINANCES CONSENT AGENDA as recommended:

V. 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.

203. A. Ordinance O2009-18 Right-of-Way Acquisition: 12th Street Authorize the acquisition of right-of-way for 12th Street widening and reconstruction, between Avenue B and Avenue A. (City Engineering)

208. B. Ordinance O2009-19 Zoning Code Text Amendment: Smart Growth Overlay (SGO) District Adopt the Smart Growth Overlay (SGO) District, by reference, amending the City of

Yuma Zoning Code, (1) Title 15, Chapter 154, Sections 234 - 244, which provides an overlay to promote a compatible mix of uses and housing types in pedestrian oriented environments. (Z2007-016R) (Community Development/Community Planning)

222. C. Ordinance O2009-20 Rezoning of Property: North of Interstate 8 on the Southeast Corner of Avenue 6E and Sunset Terraces Blvd Rezone property from the Medium Density Residential (R-2) District to the High Density Residential (R-3) District. The applicant is Colvin Engineering, on behalf of Terrace Condos LLC. (Z2008-021). (Community Development/Community Planning)

VI. PUBLIC HEARINGS & RELATED ACTIONS

234. A. Public Hearing: Annexation Area No. A2009-02 - Citrus Springs This is a Public Hearing to consider the annexation of property located north of 8^th Street at the Avenue C ½ alignment. (City Administration/Economic Development)

239. B. Resolution R2009-08 General Plan Amendment: 1000 to 1100 block of West 34th Place Approve the request to amend the City of Yuma 2002 Yuma General Plan to change the land use designation from Low Density Residential to Mixed Use for property located at 1000 to 1100 block of West 34th Place. The applicant is the City of Yuma (GP2008-008). (Community Development/Community Planning)

246. C. Resolution R2009-09 General Plan Amendment: Text Amendment Modifying Allowable Densities Approve the request by Cholla Desert Land to amend the City of Yuma 2002 Yuma General Plan and the City/County Joint Land Use Plan to modify the allowable densities within the Low and Medium Density Residential land use designations (GP2008-009). (Community Development/Community Planning)

258. D. Resolution R2009-10 General Plan Amendment: Cholla Desert Land - Major Roadways Plan Amend the 2005 Major Roadways Plan and the 2002 General Plan – Transportation Element to remove the Collector roadway designation from Avenue 7 3/4 E, between 40th Street and 44th Street. (GP2008-010) (Community Development/Community Planning)

264. E. Resolution R2009-11 General Plan Amendment: Northeast and Southeast Corner of Avenue 6E and 36th Street Approve the request to amend the City of Yuma 2002 Yuma General Plan to change the land use designation from Medium Density Residential and Mixed Use to Public/Quasi-Public and Resort, Recreation and Open Space, for property located at the northeast and southeast corner of Avenue 6E and 36th Street. The applicant is the City of Yuma (GP2008-011). (Community Development/Community Planning)

272. F. Resolution R2009-12 General Plan Amendment: Southeast Corner of Palm Avenue and Canal Roadway Approve the request to amend the City of Yuma 2002 Yuma General Plan to change the land use designation from Medium Density Residential to Low Density Residential, for property located at the southeast corner of Palm Avenue and Canal Roadway. The applicant is the City of Yuma (GP2008-012). (Community Development/Community Planning)

VII. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING

Discussion and possible action on the following items:

1. Appointment to boards, commissions, committees and offices:

·         Clean and Beautiful Commission: one unexpired term of 12/11/2010

·         Historic District Review Commission: one unexpired term of 6/30/2009

·         Western Arizona Council of Governments – Regional Council on Aging (alternate): one term to expire on 1/2/2011

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 4, 2008 through February 18, 2009. 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. EXECUTIVE SESSION

An Executive Session may be held during this meeting to discuss pending Legal/Personnel/Real Estate matters. An Agenda will be posted 24 hours in advance.

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, PO Box 13012, Yuma, Arizona 85366-3012; (928) 373-5125 or TTY (928) 373-5149.