MAYOR AND COUNCIL
PAST AGENDAS

FEBRUARY 7, 2000
**12:30 PM**
CITY HALL
255 WEST ALAMEDA
TUCSON, ARIZONA
6:00 P.M.

ESTIMATED DURATION

TOPICS

COMMENTS

30 mins.

1. Executive Session – Pima County Effluent Lawsuit and Permit Appeal (City-Wide) SS/FEB7-00-51

DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEYS FOR THE CITY OF TUCSON PURSUANT TO A.R.S. 38-431.03 (A) (3) AND DISCUSSION OR CONSULTATION WITH THE ATTORNEYS FOR THE CITY OF TUCSON IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE CITY OF TUCSON’S POSITION IN PENDING OR CONTEMPLATED LITIGATION PURSUANT TO A.R.S.

38-431.03(A) (4)

7 mins.

2. Mayor and Council Direction Regarding Executive Session – Pima County Effluent Lawsuit and Permit Appeal (City-Wide) SS/FEB7-00-52

REPORT/ RECOMMENDATION

25 mins.

3. Executive Session – Consumers for Retail Choice Sponsored by Walmart v. City of Tucson (City-Wide)
SS/FEB7-00-53

DISCUSSION OR CONSULTATION WITH THE ATTORNEYS FOR THE CITY OF TUCSON IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE CITY OF TUCSON’S POSITION IN PENDING OR CONTEMPLATED LITIGATION PURSUANT TO A.R.S.

38-431.03(A) (4)

7 mins.

4. Mayor and Council Direction Regarding Executive Session – Consumers for Retail Choice Sponsored by Walmart v. City of Tucson (City-Wide)
SS/FEB7-00-54

 

7 mins.

5. Mayor and Council Discussion of the Regular Agenda SS/FEB7-00-46

 

7 mins.

6. Boards, Committees and Commissions (City-Wide) SS/FEB7-00-43

 

10 mins.

7. Presentation – Request To Designate Brick Plaza at the Main Library As "Jacome Plaza" (Ward 1) *
SS/FEB7-00-45

REPORT/DISCUSSION

RECONVENE AFTER REGULAR SESSION

20 mins.

8. Implementation Strategy for Future Goals and Direction of CNS and NETeams (City-Wide)
SS/FEB7-00-50

 

25 mins.

9. Rio Nuevo Project: Citizens Advisory Committee (City-Wide) SS/FEB7-00-44

REPORT/ RECOMMENDATION

20 mins.

10. Homeownership and Poverty (City-Wide)
SS/FEB7-00-40

REPORT/ RECOMMENDATION

7 mins.

11. State Legislative Matters (City-Wide)
SS/FEB7-00-48

REPORT/DISCUSSION

7 mins.

12. Federal Legislative Matters (City-Wide)
SS/FEB7-00-49

REPORT/DISCUSSION

7 mins.

 13. Grant Application: Energy Conservation (City-Wide) SS/FEB7-00-39

REPORT/ RECOMMENDATION

7 mins.

14. Submission of the Proposed Five-Year Capital Improvement Program, Fiscal Year 2000-01 through 2004-05 (City-Wide) SS/FEB7-00-41

REPORT/DISCUSSION

10 mins.

15. Proposed Bond Sales and Consultant Contracting (City-Wide) SS/FEB7-00-42

REPORT/ RECOMMENDATION

7 mins.

16. Mayor and Council Discussion of Future Agendas SS/FEB7-00-47

 

*ALSO ON REGULAR AGENDA

MAYOR AND COUNCIL REGULAR AGENDA

MONDAY, FEBRUARY 7, 2000
2:00 PM
MAYOR AND COUNCIL CHAMBERS
CITY HALL
255 W. ALAMEDA
TUCSON, ARIZONA



[NOTE: CONSENT AGENDA ITEMS NO. 3-U AND 3-T(8) AND REGULAR ITEM NO. 7 HAVE BEEN ADDED.]

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

    INVOCATION – Pastor Mark Brians, Grace Community Church

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

    PRESENTATIONS

      (a) Proclamation – Proclaiming, February, 2000 to be "African-American History Month"

      (b) Presentation of Certificates of Appreciation in recognition of outstanding volunteer efforts during the U.S. – Africa Energy Ministers Conference

      (c) Presentation by Tucson Jewish Community Center and the YMCA on behalf of "KIDSFEST"

      (d) Presentation of Certificates of Appreciation to Tucson Electric Power Employees in recognition of their assistance in the investigation of the groundwater contamination in the Broadway Pantano State Superfund Site

3. CONSENT AGENDA - ITEMS A THROUGH T

    FOR COMPLETE DESCRIPTION OF ITEMS, SEE CONSENT AGENDA (linked below)

    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.

4. ZONING: (C9-99-23) OUTPOST GROUP – PIMA STREET, RX-1 TO R-1, ZONING EXAMINER'S REPORT

    (a) Report from City Manager FEB7-00-74 WII

    (b) Zoning Examiner's Report dated January 21, 2000

    (c) This is a request by Ms. Sharon Ludwig on behalf of the property owners, The OutPost Group, to rezone approximately 3.26 acres from RX-1 to R-1 zoning. The rezoning site is located on the southeast corner of Pima Street and Maguire Avenue. The preliminary development plan is for a (10) lot single-family subdivision with a density of 3.0 units per acre utilizing the Residential Cluster Project (RCP) option of the Land Use Code (LUC). The Zoning Examiner and the Planning Department recommend approval of R-1 zoning, subject to certain conditions. The City Manager recommends approval of R-1 zoning, subject to the following conditions.

      1. A subdivision plat, in substantial compliance with the preliminary development plan and the Design Compatibility Report, is to be submitted for review and approval in accordance with Section 4.1.1 of the LUC, including, but not limited to:

        a. A minimum lot width of sixty (60) feet.

        b. All dwellings shall be one-story with a maximum building height of fourteen (14) feet.

        c. All dwellings and walls shall be earth tone with brighter colors allowed only as accents.

        d. A minimum thirty (30) foot wide access provided to the large lot from Pima Street.

        e. A minimum street setback of twenty (20) feet measured from the property line.

      2. The owner/developer shall install additional pavement to match the existing width 50 feet from the centerline of Pima Street and Maguire Avenue, curb, and sidewalk along the street frontages of lots 1 through 9.

      3. A drainage report shall be submitted for review and approval, including retention/detention calculations/requirements.

      4. The owner/developer shall dedicate sufficient right-of-way within the 100-year floodplain, not to exceed the 10-year floodplain limits, to accept floodwaters from the south.

      5. The owner/developer shall agree to participate in the construction of a box culvert under Pima Street. The contribution by this development may not exceed twenty-five thousand (25,000) dollars.

      6. Water harvesting techniques shall be utilized by conveying a major portion rooftop drainage to designated water harvesting areas.

      7. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls visible from the public right-of-way shall incorporate one of the following decorative materials: (a) tile, (b) stone, (c) brick, (d) textured brick/block, (e) a coarse-textured material such as stucco or plaster, or (f) a combination of the above materials. In addition, any continuous wall greater than 75 feet in length and 3 feet in height visible from the public right-of-way shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

      8. A covenant shall be recorded with the final plat that states that the 100-year floodplain containing the existing riparian habitat shall remain undisturbed. The disturbed portion of the 100-year floodplain shall be preserved, however, modifications to the disturbed west area of the floodplain may be permitted to allow access and development requirements. This area shall be fenced off and protected prior to any on-site development activity.

      9. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.

      10. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.

      11. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.

      12. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.

      13. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.

      14. Compliance with all Code requirements and conditions of rezoning by February 7, 2005.

      Nine (9) written approvals and one (1) written protest have been received. Eight (8) of the approvals are within the 150 foot notification area. The protest is located outside of the notification area and alludes to increased traffic and the hazard to children in the area. This results in a zero (0) percent protest by area.

      A simple majority vote of the Mayor and Council will be necessary to adopt an ordinance once the conditions of rezoning have been met.

5. ZONING: (C9-97-30) MLM PROPERTIES – GANLEY ROAD, PI TO MH-2, ORDINANCE ADOPTION

    (a) Report from City Manager FEB7-00-75 WV

    (b) Request to rezone 4.13 acres of property located on the northwest corner of Ganley Road and Del Moral Boulevard from PI (Park Industrial) to MH-2. The applicant is Rawhide Holdings, Inc., on behalf of the property owners, MLM Properties. The tentative plat/development plan is for a 26-lot mobile home subdivision utilizing the RCP (Residential Cluster Project) option with a density of approximately 6.3 units per acre. The Planning Director recommends approval of the ordinance presented. The City Manager recommends adoption of the ordinance presented.

    (c) Ordinance No. 9350 relating to zoning: Amending zoning district boundaries in the vicinity of the northwest corner of Ganley Road and Del Moral Boulevard in Case C9-97-30 MLM Properties – Ganley Road, PI to MH-2.

    One (1) written approval and one (1) written protest was received for this case. The one (1) protest is located within the 150 foot notification area, representing a 20.99 percent protest by area to the north and a zero (0) percent to the south, east, and west.

    A ¾ majority vote will be necessary to adopt the ordinance presented.

6. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

    (a) Report from City Manager FEB7-00-69 CITY-WIDE

7. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY RELATING TO WATER - REGARDING EFFLUENT AND RECHARGE PERMITS

    (a) Report from City Manager FEB7-00-86 CITY-WIDE/OUTSIDE CITY

    (b) Resolution No. 18507 relating to water; authorizing and approving the execution of a supplemental intergovernmental agreement with Pima County regarding effluent.

*8. CALL TO THE AUDIENCE, for persons desiring to speak.

*9. ADJOURNMENT

    The next scheduled meeting of the Mayor and Council will be held on Monday, February 14, 2000, at 7:30 p.m., at the Tucson Convention Center, Crystal/Turquoise Ballroom, 260 South Church Avenue (use Granada entrance), Tucson, Arizona.

MAYOR AND COUNCIL CONSENT AGENDA

MONDAY, FEBRUARY 7, 2000
2:00 PM
MAYOR AND COUNCIL CHAMBERS
CITY HALL
255 W. ALAMEDA
TUCSON, ARIZONA


[NOTE: CONSENT AGENDA ITEMS NO. 3-U AND 3-T(8) HAVE BEEN ADDED.]

A. FINAL PLAT: (S98-074) DF GARDENS II, LOTS 1 THROUGH 9

    (1) Report from City Manager FEB7-00-63 WV

    (2) The City Manager recommends that, after approval of the assurance agreement, the Mayor and Council approve the final plat as presented. The applicant is advised that building/occupancy permits are subject to the availability of water/sewer capacity at the time of actual application.

B. ASSURANCE AGREEMENT: DF GARDENS II, LOTS 1 THROUGH 9 (S98-074)

    (1) Report from City Manager FEB7-00-64 WV

    (2) Resolution No. 18490 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 DF Gardens II Subdivision, Lots 1 to 9.

C. ASSURANCE AGREEMENT: MONUMENT ESTATES, LOTS 1 THROUGH 35 AND COMMON AREA "A" (S99-018)

    (1) Report from City Manager FEB7-00-65 WII

    (2) Resolution No. 18491 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 Monument Estates Subdivision, Lots 1 to 35 and Common Area "A".

D. REAL PROPERTY: DEDICATION OF RIGHTS-OF-WAY FOR ROADWAY PURPOSES

    (1) Report from City Manager FEB7-00-66 WIII & WV

    (2) Ordinance No. 9346 relating to real property; authorizing the dedication of certain City-owned real property as right-of-way.

E. TUCSON CODE: AMENDING (CHAPTER 10) RELATING TO THE COMPENSATION PLAN, AMENDING (CHAPTER 22) RELATING TO EMPLOYEE PENSIONS, RETIREMENT AND GROUP INSURANCE, RELATING TO POLICE OFFICER RECRUITMENT INCENTIVE

    (1) Report from City Manager FEB7-00-67 CITY-WIDE

    (2) Ordinance No. 9347 relating to compensation plan; amending Article II of Chapter 10 of the Tucson Code by amending salary designation for Police Officer Trainee by deleting salary designation; implementing Tucson Code Section 10-31.

    (3) Ordinance No. 9348 relating to employee leave benefits; amending title to Article V, adding Section 22-92 to the Tucson Code.

    (4) Ordinance No. 9349 relating to the Compensation Plan; amending Chapter 10, Article II, Section 10-47 of the Tucson Code.

F. ASSURANCE AGREEMENT: RIVERFRONT ESTATES, LOTS 1 THROUGH 12 AND COMMON AREA "A" (S99-017)

    (1) Report from City Manager FEB7-00-68 WVI

    (2) Resolution No. 18492 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 Riverfront Estates Subdivision, Lots 1 to 12 and Common Area "A".

G. APPROVAL OF MINUTES:

  • September 27, 1999
  • October 25, 1999
  • November 1, 1999

H. LIBRARY: DESIGNATING THE BRICK PLAZA AT THE MAIN LIBRARY AS "JÁCOME PLAZA"

    (1) Report from City Manager FEB7-00-70 WI

    (2) Resolution No. 18494 relating to the main library; designating the brick plaza at the main library as "Jácome Plaza".

I. FINANCIAL PARTICIPATION AGREEMENT: WITH THE NATIONAL LAW CENTER FOR INTER-AMERICAN FREE TRADE

    (1) Report from City Manager FEB7-00-71 CITY-WIDE

    (2) Resolution No. 18495 relating to outside agency activities; authorizing and approving the financial participation agreement between the City of Tucson and the National Law Center for Inter-American Free Trade (NLC).

J. FINANCIAL PARTICIPATION AGREEMENTS: WITH THE TUCSON PIMA ARTS COUNCIL, PARENTS ANONYMOUS OF ARIZONA AND BIG BROTHERS/BIG SISTERS

    (1) Report from City Manager FEB7-00-73 WI

    (2) Resolution No. 18496 relating to outside agency activities; authorizing and approving the financial participation agreements between the City of Tucson and the Tucson Pima Arts Council, Parents Anonymous of Arizona, and Big Brothers/Big Sisters.

K. FINAL PLAT: (S99-017) RIVERFRONT ESTATES, LOTS 1 THROUGH 12 AND COMMON AREA "A"

    (1) Report from City Manager FEB7-00-76 WVI

    (2) The City Manager recommends that, after approval of the assurance agreement, the Mayor and Council approve the final plat as presented. The applicant is advised that building/occupancy permits are subject to the availability of water/sewer capacity at the time of actual application.

L. FINAL PLAT: (S99-037) BEAR CANYON COMMERCIAL CENTER, LOTS 1 THROUGH 5 AND COMMON AREA "A"

    (1) Report from City Manager FEB7-00-77 WII

    (2) The City Manager recommends that, after approval of the assurance agreement, the Mayor and Council approve the final plat as presented. The applicant is advised that building/occupancy permits are subject to the availability of water/sewer capacity at the time of actual application.

M. FINAL PLAT: (S99-018) MONUMENT ESTATES, LOTS 1 THROUGH 35, BLOCK "A" AND COMMON AREA "A" (A RESIDENTIAL CLUSTER PROJECT)

    (1) Report from City Manager FEB7-00-78 WII

    (2) The City Manager recommends that, after approval of the assurance agreement, the Mayor and Council approve the final plat as presented. The applicant is advised that building/occupancy permits are subject to the availability of water/sewer capacity at the time of actual application.

N. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FOR DRUG COURT SUPPORT

    (1) Report from City Manager FEB7-00-79 CITY-WIDE

    (2) Resolution No. 18497 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with Pima County for drug court support.

O. GRANT AGREEMENT: WITH THE STATE OF ARIZONA, GOVERNOR'S OFFICE OF HIGHWAY SAFETY, FOR DUI TASK FORCE SPEED ENFORCEMENT AND AGGRESSIVE DRIVER INTERDICTION PROGRAM

    (1) Report from City Manager FEB7-00-80 CITY-WIDE

    (2) Resolution No. 18498 relating to law enforcement; approving and authorizing the execution of the grant agreement with the State of Arizona, Governor's Office of Highway Safety, for DUI Task Force Speed Enforcement and Aggressive Driver Interdiction Program in the amount of $95,000.00.

P. ANNEXATION: PROPOSED SILVERBELL RIGHT-OF-WAY ANNEXATION DISTRICT

    (1) Report from City Manager FEB7-00-81 WI

    (2) Ordinance No. 9256 relating to annexation; extending and increasing the corporate limits of the City of Tucson, Pima County, Arizona pursuant to the provisions of Title 9, Chapter 4, Arizona Revised Statutes, by annexing thereto certain portions of Sections 17, 20 and 29, T.13S., R.13E., G.&S.R.B.&M., Pima County, Arizona, more particularly described in the body of this ordinance.

Q. TRANSPORTATION: FEDERAL TRANSIT ADMINISTRATION SECTION 5309 CAPITAL GRANT APPLICATION FOR FISCAL YEAR 1999/2000

    (1) Report from City Manager FEB7-00-82 CITY-WIDE

    (2) Resolution No. 18499 relating to transportation; authorizing and approving the submission of a Capital Assistance Grant to the Federal Transit Administration for grant contracts under 49 U.S.C. §5309.

R. PUBLIC IMPROVEMENT: GOLF LINKS ROAD, PANTANO PARKWAY TO BONANZA AVENUE DISTRICT PAVING IMPROVEMENT

    (1) Report from City Manager FEB7-00-83 WIV

    (2) City Engineer submits plans, specifications, assessment diagram and cost estimate.

    (3) Resolution No. 18474. A Resolution of the Mayor and Council of the City of Tucson, declaring its intention to improve by the construction of a street paving, street lighting, sidewalks, and driveways in certain portions of Golf Links Road, approving assessment district diagram, determining that the proposed work or improvement is of more than local or ordinary public benefit, and determining that improvement bonds be issued by the City of Tucson to represent the costs and expenses thereof, under the provisions of Title 48, Chapter 4, Article 2, Arizona Revised Statutes and Amendments and Supplements thereto, said improvement to be known as the "Golf Links Road, Pantano Parkway to Bonanza Avenue District Paving Improvement," all being within the City of Tucson, Arizona.

S. PUBLIC IMPROVEMENT: PRINCE ROAD, I-10 TO FIRST AVENUE DISTRICT LIGHTING IMPROVEMENT

    (1) Report from City Manager FEB7-00-84 WIII

    (2) City Engineer submits plans, specifications, assessment diagram and cost estimate.

    (3) Resolution No. 18297. A Resolution of the Mayor and Council of the City of Tucson, declaring its intention to improve by the construction of a street lighting, sidewalks, and driveways in certain portions of Prince Road, approving assessment district diagram, determining that the proposed work or improvement is of more than local or ordinary public benefit, and determining that improvement bonds be issued by the City of Tucson to represent the costs and expenses thereof, under the provisions of Title 48, Chapter 4, Article 2, Arizona Revised Statutes and Amendments and Supplements thereto, said improvement to be known as the "Prince Road, I-10 to First Avenue District Lighting Improvement," all being within the City of Tucson, Arizona.

T. 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 FEB7-00-72

      (2) TUCSON MUSEUM OF ART, Applicant: Robyn L. O'Neal, 140 N. Main Ave., SPECIAL EVENT, City No. T004-00, WI

      (3) HOWARD JOHNSON MIDTOWN, Applicant: Mandhar Lal, 1010 S. Freeway, PERSON TRANSFER, Series 6, City No. 144-99, WV

      (4) FIO RITO'S ITALIAN CUISINE, Applicant: Teresa A. O'Shea, 2702 E. Grant Rd., NEW LICENSE, Series 12, City No. 147-99, WVI

      (5) BEVERAGE HOUSE, Applicant: Eli M. Drakulich, 8660 E. Broadway Blvd., PERSON/LOCATION TRANSFERS, Series 9, City No. 148-99, WII

      (6) CLARION HOTEL TUCSON AIRPORT, Applicant: Bharat M. Morari, 6801 S. Tucson Blvd., NEW LICENSE, Series 11, City No. 149-99, WV

      (7) BISTRO ZIN, Applicant: Samuel W. Fox, 1865 E. River Rd., Suite 101, NEW LICENSE, Series 12, City No. 002-00, WIII

      (8) PIMA AIR AND SPACE MUSEUM, Applicant: Mike A. Maggart, 6000 E. Valencia Rd., SPECIAL EVENT, City No. T011-00, WV

U. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FOR IMPROVEMENTS IN THE PURPLE HEART DISTRICT PARK

    (1) Report from City Manager FEB7-00-85 WIV

    (2) Resolution No. 18505 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with Pima County for park improvements in the Purple Heart District Park.

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