Mayor & Council
Study Session and Regular Agenda
for

SEPTEMBER 2, 1997
(TUESDAY)
1:30 P.M.

ESTIMATED DURATION	TOPICS	COMMENTS
15 mins.	1. Agreement with Robin Cable Systems, Inc.; Revised Chapter 7A of Tucson Code (City-Wide) SS/SEPT2-97-418 *	DISCUSSION
10 mins.	2. Proposal To Initiate A Six-Month Pilot Program To Evaluate An Alternative Work Schedule (AWS) (City-Wide) SS/SEPT2-97-417	REPORT/RECOMMENDATION
5 mins.	3. Boards, Committees and Commissions (City-Wide) SS/SEPT2-97-422
5 mins.	4. Mayor and Council Discussion of Regular Agenda SS/SEPT2-97-420

RECONVENE AFTER REGULAR AGENDA
*ALSO ON REGULAR AGENDA

10 mins.	5. Pedestrian Safety Issues at Kennedy Park and Request for Civic Event Support for “Fiestas de Independencia” and “Cinco de Mayo” (City-Wide) SS/SEPT2-97-423	REPORT/RECOMMENDATION
5 mins.	6. Mayor and Council Subcommittees Status Reports (City-Wide) SS/SEPT2-97-419
5 mins.	7. Mayor and Council Discussion of Future Agendas SS/SEPT2-97-421

ADDENDUM

ESTIMATED DURATION	TOPICS	COMMENTS
15 mins.	8. Preliminary Project Identification for the November 1997 Highway user Revenue (HURF) Bond Issue (City-Wide) SS/SEPT2-97-424	REPORT/RECOMMENDATION
15 mins.	9. Potential Lease of Former Police Academy Site 3200 North Silverbell Road (Ward 1) SS/SEPT2-97-425	REPORT/RECOMMENDATION
30 mins.	10. Barraza-Aviation Parkway/Armory Park Transportation Issues (Wards 1, 5, and 6) SS/SEPT2-97-426	REPORT/RECOMMENDATION

TUESDAY, SEPTEMBER 2, 1997
2:00 P.M.
MAYOR AND COUNCIL CHAMBERS
CITY HALL,
255 W. ALAMEDA,
TUCSON, ARIZONA

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Harold D. Easley, Gateway to Glory Apostolic Church

PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance

2A. PUBLIC IMPROVEMENT: SAM HUGHES DISTRICT TRAFFIC IMPROVEMENT

(a) Report from City Manager SEPT2-97-527 WVI

(b) Open Bids

3. CONSENT AGENDA - ITEMS A THROUGH V FOR COMPLETE DESCRIPTION OF ITEMS SEE CONSENT AGENDA

Matters listed under the Consent Agenda are considered to be routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired by members of the governing body, that item will be removed from the Consent Agenda and will be considered separately.

A liquor license application will automatically be removed from the Consent Agenda and considered as a separate item by the Mayor and Council if either of the following occurs: A protest against a liquor license application has been received by the City Clerk; OR, A City staff report recommends denial of a liquor license application.

(a) Report from City Manager SEPT2-97-526 CITY WIDE

(b) Ordinance No. 8932 relating to zoning and land use; amending the Tucson Code, Chapter 23, Land Use Code, Article 3, Development Regulations, Division 5, Performance Criteria, Section 3.5.5. Industrial Use Group, Subsection 3.5.5.1, Manufacturing and Industrial by amending conditions relating to minor Section 3.5.5.3 Extraction.

The City Manager recommends adoption of the subject ordinance which reflects the Planning Commission’s recommendation.

5. ZONING: (C9-87-66) KIEFER - FREMONT AVENUE, R-2 TO R-3 (southeast corner of FREMONT Avenue and 7th Street)

(a) Report from City Manager SEPT2-97-552 WVI

(b) Ordinance No. 8931 relating to zoning; amending zoning district boundaries in the vicinity of the southeast corner of Fremont Avenue and 7th Street in rezoning Case No. C9-87-66, Kiefer - Fremont Avenue from R-2 to R-3.

Two (2) written approvals and one (1) written protest were reported at the last Mayor and Council action held on June 24, 1996. The one protest is within 150 feet representing a fifteen percent protest to the north and a zero (0) percent protest to the east, west, and south. No additional protests or approvals have been received.

A simple majority vote will be necessary to adopt the subject ordinance.

6. REAL PROPERTY: DEDICATION OF RIGHT-OF-WAY AND SALE OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SPEEDWAY BOULEVARD AND ALVERNON WAY TO THE McDONALD’S CORPORATION

(a) Report from City Manager SEPT2-97-553 WVI

(b) Ordinance No. 8934 relating to real property; dedicating certain City-owned property as right-of-way; vacating and declaring certain City property to be surplus property, and authorizing the sale thereof to McDonald’s Corporation.

7. CABLE COMMUNICATIONS: TUCSON CODE - AMENDING (CHAPTER 7A); AND CABLE COMMUNICATIONS LICENSE AGREEMENT WITH ROBIN CABLE SYSTEMS, INC.

(a) Report from City Manager SEPT2-97-559 CITY WIDE

(a) Report from City Manager SEPT2-97-549 WII

(b) Hearing The appellant is James M. Sakrison, on behalf of the property owners Arthur and Judith Woodrow.

The City Manager recommends that the appeal be denied because of public safety concerns, and due to the potential for loss of property.

9. PUBLIC HEARING: Euclid Avenue, Grant Road to Speedway Boulevard District Sidewalk IMPROVEMENT

(a) Report from City Manager SEPT2-97-546 WIII & WVI

(b) Hearing

(c) Resolution No. 17747 approving assessment and previous proceedings for the "Euclid Avenue, Grant Road to Speedway Boulevard District Sidewalk Improvement," in the City of Tucson, Arizona.

(a) Report from City Manager SEPT2-97-547 WV

(b) Hearing

(c) Resolution No. 17748 approving assessment and previous proceedings for the "Irvington Road, Benson Highway to Country Club Road Paving Improvement, a Portion of Irvington Road, Benson Highway to I-10," in the City of Tucson, Arizona.

(a) Report from City Manager SEPT2-97-557 CITY WIDE

(b) Hearing

(c) Ordinance No. 8936 relating to competitive telecommunications; authorizing the granting of limited non-exclusive licenses for competitive access provider point-of-presence connections; amending the Tucson Code by adding new Section 7B-36.

(d) Resolution No. 17779 relating to competitive telecommunications; authorizing the amendment to the Non-exclusive License pursuant to A.R.S. ' 9-561, et seq., to MCI Telecommunications Corporation to construct, maintain, and operate in designated portions of public rights-of-way in the City of Tucson Telecommunications Facilities.

(a) Report from City Manager SEPT2-97-551 CITY WIDE

(b) Hearing

(c) Ordinance No. 8930 relating to interstate telecommunications, authorizing the issuance of a non-exclusive right-of-way license pursuant to A.R.S. ' 9-561, et seq., to Qwest Communications, Inc., a Colorado Corporation.

(a) Report from City Manager SEPT2-97-556 CITY WIDE

(b) Hearing

14. PUBLIC HEARING: RELOCATION BY TRINITY PRESBYTERIAN CHURCH OF A RESIDENTIAL STRUCTURE LOCATED IN THE WEST UNIVERSITY HISTORIC DISTRICT FROM 436 TO 330 EAST UNIVERSITY BOULEVARD (CONTINUED FROM THE MEETING OF AUGUST 4, 1997)

(a) Report from City Manager SEPT2-97-525 WVI

(b) Hearing

(a) Report from City Manager SEPT2-97-531 CITY WIDE

17. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, September 8, 1997, at 7:30 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

(a) Report from City Manager SEPT2-97-559(2) CITY WIDE

ADDED (b) Ordinance No. 8937 relating to cable communications; repealing Chapter 7A of the Tucson Code, readopting a new Chapter 7A of the Tucson Code entitled "Cable Communications".

ADDED (c) Resolution No. 17781 relating to cable communications; approving and authorizing execution of a nonexclusive cable license between the City of Tucson and Robin Cable Systems of Tucson, an Arizona Limited Partnership, doing business as TCI of Tucson.

ADDED 16. Master Operating Agreement amendment: WITH Tucson Community Cable Corporation (TCCC) AND ALLOCATION OF ESCROW FUNDS TO REPLENISH THE COMMUNITY PROGRAMMING GRANT FUNDS

(a) Report from City Manager SEPT2-97-535 CITY WIDE

(b) Resolution No. 17771 relating to cable communications; providing for the extension of the amended Master Operating Agreement between the City of Tucson and the Tucson Community Cable Corporation.

(c) Resolution No. 17780 relating to cable communications; authorizing allocation of $243,000.00 to Tucson Community Cable Corporation.

*18. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, September 8, 1997, at 7:30 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

* Renumbered due to the added item.

A. ASSURANCE AGREEMENT: PRINCE VILLAGE OFFICES 1 SUBDIVISION, LOTS 1 TO 5 AND COMMON AREAS A & D (S97-020)

(1) Report from City Manager SEPT2-97-528 WIII

(2) Resolution No. 17766 relating to planning: Authorizing the Mayor to execute an assurance agreement securing the completion of improvements required in connection with the approval of a final plat for the Prince Village Offices 1 Subdivision, Lots 1 to 5 and Common Areas A & D.

(1) Report from City Manager SEPT2-97-529 WII

(2) Resolution No. 17767 relating to planning: Authorizing the Mayor to execute an assurance agreement securing the completion of improvements required in connection with the approval of a final plat for the Broadway Court Amended Subdivision, Lots 1 to 29 and Common Areas A & B.

C. ASSURANCE AGREEMENT: Mission Circle Subdivision, lots 1 through 29 and Common Areas A & B (S97-007)

(1) Report from City Manager SEPT2-97-530 WI

(2) Resolution No. 17768 relating to planning: Authorizing the Mayor to execute an assurance agreement securing the completion of improvements required in connection with the approval of a final plat for the Mission Circle Subdivision, Lots 1 through 29 and Common Areas A & B.

D. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY Superior Court for the provision of City Court jurors

(1) Report from City Manager SEPT2-97-532 CITY WIDE

(2) Resolution No. 17769 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with Pima County Superior Court for the provision of City Court jurors.

E. INTERGOVERNMENTAL AGREEMENT: WITH Davis MONTHAN Air Force Base for fire PROTECTION mutual aid

(1) Report from City Manager SEPT2-97-533 CITY WIDE

(2) Resolution No. 17770 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement between the United States Air Force, Davis Monthan Air Force Base and the City of Tucson for fire protection mutual aid.

F. CORRECTION OF CLERICAL ERROR: RESOLUTION NO. 17743 ADOPTED AUGUST 4, 1997

(1) Report from City Manager SEPT2-97-534 CITY WIDE

G. FINANCE: CONTINGENCY FUND TRANSFER FOR the Aztecs Women’s Soccer Team

(1) Report from City Manager SEPT2-97-536 CITY WIDE

(2) Resolution No. 17772 relating to finance; approving and authorizing the transfer of $2,000 two thousand dollars from the contingency fund to Organization 001-183-1838-268, for the Aztecs Women’s Soccer Team.

(1) Report from City Manager SEPT2-97-537 CITY WIDE

(2) Resolution No. 17773 relating to finance; approving and authorizing the transfer of twelve thousand eight hundred dollars from the contingency fund to Organization 001-183-1838-268, for the Educational Enrichment Program.

I. APPROVAL OF MINUTES:
February 3, 1997
March 24, 1997

J. TUCSON CODE: AMENDING (CHAPTER 20) UPDATING CITY TRAFFIC ORDINANCES

(1) Report from City Manager SEPT2-97-540 CITY WIDE

(2) Ordinance No. 8924 relating to motor vehicles and traffic; repealing Ordinance No. 8715 of June 17, 1996, designating current streets or parts of streets where thirty-five miles per hour speed limit is imposed, pursuant to Section 20-141 of the Tucson Code.

(3) Ordinance No. 8925 relating to motor vehicles and traffic; repealing Ordinance No. 8626 of January 8, 1996, and designating current streets or parts of streets where forty miles per hour speed limit is imposed, pursuant to Section 20-142 of the Tucson Code.

(4) Ordinance No. 8926 relating to motor vehicles and traffic; repealing Ordinance No. 8716 of June 17, 1996, and designating current streets or parts of streets where forty-five miles per hour speed limit is imposed, pursuant to Section 20-143 of the Tucson Code.

(5) Ordinance No. 8927 relating to motor vehicles and traffic; repealing Ordinance No. 8788 of December 16, 1996, and designating current streets and alleys or parts of streets and alleys as one-way, pursuant to Section 20-179 of the Tucson Code.

(6) Ordinance No. 8928 relating to motor vehicles and traffic; repealing Ordinance No. 8816 of February 10, 1997, and designating streets or parts of streets where parking is prohibited, pursuant to Section 20-230 of the Tucson Code.

(7) Ordinance No. 8929 relating to motor vehicles and traffic; repealing Ordinance No. 8817 of February 10, 1997, and designating current streets or parts of streets where parking is prohibited during certain hours, pursuant to Section 20-232 of the Tucson Code.

(1) Report from City Manager SEPT2-97-541 CITY WIDE

(2) Resolution No. 17774 relating to finance; approving and authorizing the transfer of five thousand eight hundred fifty-four dollars from the contingency fund to Organization 001-183-1838-268, for the Brewster Center Tucson Water Department fee waivers.

L. FINANCE: AMENDING THE Employees Voluntary Deferred Compensation Plan and Participation Agreement

(1) Report from City Manager SEPT2-97-542 CITY WIDE

(2) Resolution No. 17775 relating to personnel; amending the City of Tucson Employees Voluntary Deferred Compensation Plan and Participation Agreement.

M. ASSURANCE AGREEMENT: Center Pointe Commerce Center Subdivision, Lots 1 through 14 (C12-96-37)

(1) Report from City Manager SEPT2-97-545 WI

(2) Resolution No. 17776 relating to planning: Authorizing the Mayor to execute an assurance agreement securing the completion of improvements required in connection with the approval of a final plat for the Center Pointe Commerce Center Subdivision, Lots 1 through 14.

N. FINANCIAL PARTICIPATION AGREEMENTS: WITH VARIOUS SERVICE ORGANIZATIONS

(1) Report from City Manager SEPT2-97-550 CITY WIDE

(2) Resolution No. 17777 relating to outside agency activities; authorizing and approving the financial participation agreements between the City of Tucson and various service organizations.

(1) Report from City Manager SEPT2-97-555 WVI

(2) Ordinance No. 8933 relating to real property; authorizing and approving the lease of portions of certain City-owned real property to Sam Hughes Neighborhood Association, Inc., dedicating certain portions thereof as rights-of-way.

P. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY RELATING TO ELECTION DAY SERVICES FOR THE November 4, 1997 Election

(1) Report from City Manager SEPT2-97-558 CITY WIDE

(2) Resolution No. 17778 relating to elections; approving and authorizing execution of an intergovernmental agreement between the City of Tucson and Pima County establishing responsibilities of County and City for sharing of facilities, personnel, duties and costs for the conduct of the County’s Special Election and the City’s General Election and other Special Elections in City precincts for the November 4, 1997 Election.

(1) Report from City Manager SEPT2-97-554 CITY WIDE

(2) Ordinance No. 8935 relating to elections; pursuant to Chapter XVII of the Tucson Charter, calling a Franchise Special Election on November 4, 1997, for the purpose of submitting to the qualified electors of the City of Tucson a question regarding the issuance of a non-exclusive franchise for competitive telecommunications services to GST Tucson Lightwave, Inc.

(1) Report from City Manager SEPT2-97-538 CITY WIDE

S. ELECTIONS: CALLING A CHARTER AMENDMENTS SPECIAL ELECTION ON NOVEMBER 4, 1997, RELATING TO INITIATIVE PETITION NO. 1996-I002, ENTITLED "THE TUCSON LIVABLE WAGE INITIATIVE", PROPOSITION NO. 202

(1) Report from City Manager SEPT2-97-539 CITY WIDE

T. ELECTIONS: CALLING A CHARTER AMENDMENTS SPECIAL ELECTION ON NOVEMBER 4, 1997, RELATING TO MAYOR AND COUNCIL REFERRED PROPOSITIONS 100 THROUGH 106

(1) Report from City Manager SEPT2-97-544 CITY WIDE

U. ELECTIONS: CALLING A CHARTER AMENDMENTS SPECIAL ELECTION ON NOVEMBER 4, 1997, REFEREED BY THE CITIZENS’ COMMISSION ON PUBLIC SERVICE AND COMPENSATION, PROPOSITION NO. 107

(1) Report from City Manager SEPT2-97-548 CITY WIDE

V. LIQUOR LICENSES

A liquor license application will automatically be removed from the Consent Agenda and considered as a separate item by the Mayor and Council if either of the following occurs: A protest against a liquor license application has been received by the City Clerk; OR, A City staff report recommends denial of a liquor license application.

(1) Report from City Manager SEPT2-97-543

(2) GENTLE BEN’S BREWING CO., Applicant: Dennis J. Arnold, 865 E. University Blvd., TEMPORARY EXTENSION OF PREMISES, City No. EP29-97, WVI

(3) TOMA EL CHARRO, Applicant: Raymon C. Flores, 6310 E. Broadway Blvd., TEMPORARY EXTENSION OF PREMISES, City No. EP30-97, WIV

(4) TUCSON JAZZ SOCIETY, Applicant: Yvonne C. Ervin, 900 S. Randolph Way, SPECIAL EVENT, City No. T083-97, WVI

(5) ORTS THEATRE OF DANCE, Applicant: Anne F. Bunker, 408 S. 6th Ave., SPECIAL EVENT, City No. T085-97, WVI

(6) ARIZONA THEATRE COMPANY, Applicant: James E. Cook, 330 S. Scott Ave., SPECIAL EVENT, City No. T086-97, WVI

(7) ST. AMBROSE PARISH & SCHOOL, Applicant: James F. Grasham, 300 S. Tucson Blvd., SPECIAL EVENT, City No. T087-97, WV

(8) TUCSON MUSEUM OF ART, Applicant: Karin L. Erickson, 140 N. Main Ave., SPECIAL EVENT, City No. T088-97, WI

(9) MUSCULAR DYSTROPHY ASSOCIATION, Applicant: Sharon M. Pierantozzi, 900 S. Randolph Way, SPECIAL EVENT, City No. T090-97, WVI

(10) ST. DEMETRIOS GREEK ORTHODOX CHURCH, Applicant: George A. Makris, 1145 E. Ft. Lowell Rd., SPECIAL EVENT, City No. T091-97, WIII

(11) HEARTH FOUNDATION, INC., Applicant: Amy L. Smith, 4823 S. 6th Ave., SPECIAL EVENT, City No. T092-97, WV

(12) PATRONATO SAN XAVIER, Applicant: Karin L. E. Erickson, 140 N. Main Ave., SPECIAL EVENT, City No. T093-97, WI

(13) TUCSON MUSEUM OF ART, Applicant: Karin L. Erickson, 140 N. Main Ave., SPECIAL EVENT, City No. T094-97, WI

(14) PANTANO EXCHANGE CLUB, Applicant: James D. Campbell, 1145 E. Ft. Lowell Rd., SPECIAL EVENT, City No. T095-97, WIII

(15) EL DONANTE, INC., Applicant: James A. Garcia, 6100 S. 12th Ave., SPECIAL EVENT, City No. T098-97, WI

(16) LUCKY STRIKE BOWL, Applicant: Wesley R. Becker, Jr., 4015 E. Speedway Blvd., PERSON TRANSFER, Series 6, City No. 061-97, WVI

(17) FIRECRACKER, Applicant: Robert McMahon, 2990 N. Swan Rd., #145, TEMPORARY EXTENSION OF PREMISES, City No. EP32-97, WII

(18) BEACHES MESQUITE BROILER, Applicant: James B. Hollingsworth, 2323 N. Pantano Rd., NEW LICENSE, Series 12, City No. 063-97, WII

(19) PETER PIPER PIZZA #19, Applicant: Donald R. Baxla, 3989 E. Grant Rd., LOCATION TRANSFER, Series 7, City No. 065-97, WIII

(20) PRIMO-N-HOLLYWOOD’S, Applicant: Leonard F. Alcaro, 1101 N. Wilmot Rd., Ste. 159, NEW LICENSE, Series 12, City No. 066-97, WVI

(21) MARACAS, Applicant: Elsa E. Avilez, 1655 W. Valencia Rd., Ste. 155, NEW LICENSE, Series 12, City No. 067-97, WI

(22) TED’S COUNTRY STORE, Applicant: Peter C. Butterbrodt, 2760 N. Tucson Blvd., PERSON TRANSFER, Series 9, City No. 068-97, WIII

(23) EL CHARRO RESTAURANT, Applicant: Raymond G. Flores, 311 N. Court Ave., LOCATION TRANSFER, Series 7, City No. 069-97, WI

(24) PARK AVE. BAR AND GRILL, Applicant: Sue E. Aagaard, 4525 S. Park Ave., PERSON TRANSFER, Series 6, City No. 073-97, WV

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Source: City of Tucson
9/3/97