Mayor & Council
Study Session and Regular Agenda
for
July 7, 1997

CITY HALL
255 WEST ALAMEDA, TUCSON, ARIZONA
JULY 7, 1997
***12:00 NOON***

15 mins. 1. Pima Animal Control Center Services (City-Wide) (Cont’d from Meeting of 6/23/97) SS/JULY7-97-353 REPORT/DISCUSSION
5 mins. 2. Recommended Civic Event Allocations of FY 1997-98 Support (City-Wide) SS/JULY7-97-345 REPORT/RECOMMENDATION
15 mins. 3. Update on Davis-Monthan Runway Extension Project (City-Wide) SS/JULY7-97-355 REPORT/DISCUSSION
20 mins. 4. Draft Economic Development Strategy And Integration Plan (City-Wide) SS/JULY7-97-351 REPORT/RECOMMENDATION
5 mins. 5. Sister City Affiliation with Muscat in Oman, Ramla in Israel, and Tucson (City-Wide) SS/JULY7-97-356 REPORT/DISCUSSION
20 mins. 6. Abandoned Properties and Proposed Ordinance Making the Cost of Cleanup by the City an Assessment (City-Wide) SS/JULY7-97-361 REPORT/RECOMMENDATION
15 mins. 7. Land Use Code (LUC) Amendment - Variance Procedures (City-Wide) SS/JULY7-97-352 REPORT/RECOMMENDATION
20 mins. 8. Design & Construction Review Project (City-Wide) SS/JULY7-97-346 REPORT/RECOMMENDATION
5 mins. 9. Boards, Committees and Commissions (City-Wide) SS/JULY7-97-350
5 mins. 10. Mayor and Council Discussion of Regular Agenda SS/JULY7-97-347

RECONVENE AFTER REGULAR AGENDA

20 mins. 11. Livable Tucson Program: Consideration of Next Steps and Budgetary Matters (City-Wide) SS/JULY7-97-359 REPORT/RECOMMENDATION
10 mins. 12. Base-Line Study of Arizona Military Facilities (City-Wide) SS/JULY7-97-358 REPORT/RECOMMENDATION
10 mins. 13. City Banking Services Contract Award (City-Wide) SS/JULY7-97-349 REPORT/RECOMMENDATION
5 mins. 14. Request for Funds - Tucson Unified School District (City-Wide) SS/JULY7-97-360 REPORT/RECOMMENDATION
10 mins. 15. Mayor and Council Boards, Committees and Commissions (City-Wide) SS/JULY7-97-354 REPORT/RECOMMENDATION
5 mins. 16. Mayor and Council Subcommittees Status Reports (City-Wide) SS/JULY7-97-357
5 mins. 17. Mayor and Council Discussion of Future Agendas SS/JULY7-97-348

REGULAR MEETING

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Otis Brown, Siloam Freewill Church

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

PRESENTATIONS

(a) Recognition by Vice President Al Gore of the City of Tucson for completing a community-wide greenhouse gas emissions analysis, as part of its participation in the International Council for Local Environmental Initiatives’ Cities for Climate Protection Campaign

3. CONSENT AGENDA - ITEMS A THROUGH W

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.

3A. PLAT AGENDA - ITEMS A THROUGH F

FOR COMPLETE DESCRIPTION OF ITEMS
SEE PLAT AGENDA

Matters listed under the Plat 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 Plat Agenda and will be considered separately.

4. PROFESSIONAL SERVICES CONTRACT: WITH SACKS TIERNEY, P.A. Attorneys at Law, FOR REPRESENTATION ON WATER and power matters

(a) Report from City Manager JULY7-97-404 CITY WIDE/OUTSIDE CITY

(b) Resolution No. 17686 relating to professional services; approving an agreement with Sacks Tierney, P.A., Attorneys at Law, for representation of the City of Tucson in water and power matters.

5. ZONING: (C9-97-04) SABINO INVESTING - GOLF LINKS ROAD, SR TO R-1(Continued from the meeting of June 9, 1997)

(a) Report from City Manager JULY7-97-417 WIV

(b) Report from Zoning Examiner dated May 2, 1997

(c) Request to rezone approximately 22.53 acres on the north side of Golf Links Road approximately 200 feet east of Harrison Road. Applicant: Paul Iezzi of Rick Engineering Company, on behalf of the property owners, U.S. Home Corporation. The preliminary development plan proposes 102 one-story, eighteen (18)-foot-tall, single-family residences, utilizing the Residential Cluster Project (RCP) provisions of the Land Use Code. The Planning Department recommends approval of R-1 zoning and adoption of the ordinance presented, subject to certain conditions. The Zoning Examiner recommends approval of R-1 zoning, subject to certain conditions. The City Manager recommends approval of R-1 zoning and adoption of the ordinance presented, subject to the following conditions.

1. A subdivision plat/development plan, in substantial compliance with the revised preliminary development plan dated June 3, 1997, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to:

a. All residences shall be single story and a maximum of eighteen (18) feet in height.

b. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials and 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. Enhance the visual appearance of any continuous wall greater than 75 feet in length and 3 feet in height, by varying the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

c. No more than two (2) vehicular access points to the subject property from Golf Links Road shall be permitted. A one-foot no vehicular access easement shall be recorded on the site perimeter, except at points of ingress/egress.

d. All residences will have a minimum ten (10) foot separation.

e. The 100-year floodplain of the existing wash will be maintained in a natural condition, except at roadway and utility crossings and at detention basin outlet structures.

f. A trail will be constructed in the common area adjacent to the wash. The trail will be constructed of stabilized decomposed granite or other suitable materials except for concrete or asphaltic concrete.

g. The improvements to the common area at the southwest corner of the project will include park benches and barbecue areas.

h. The perimeter wall and common area landscaping along the entire length of Kevin Drive will be installed with the initial phase of development on the property.

2. The plan shall comply with the requirements of the Native Plant Preservation Ordinance.

3. The applicant/property owner shall construct a center turn lane in Golf Links Road with appropriate transitions for eastbound and northbound left turns into the proposed vehicular driveways. In addition, curb, sidewalk, and a westbound right turn lane shall be constructed along the entire length of the Golf Links Road frontage, or agreement to participate in a future Improvement District for Golf Links Road. These improvements shall be coordinated with the Engineering Division Design Section.

4. The owner/applicant shall dedicate 25 feet of additional right-of-way for Golf Links Road, per the Major Streets and Routes Plan, including 25-foot radius spandrels at the proposed intersecting streets.

5. Any proposed street lighting shall be shielded or directed away from adjacent residential uses.

6. A drainage report shall be submitted and approved, including details of vehicular access and all-weather crossing for the proposed lots on the west side of the wash.

7. “Safe by Design” concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department. Should a pedestrian/bike path be proposed along the wash to Kevin Drive it must be shown to be safe for use by the intended users (the residents of the new subdivision). The landscaping for the pedestrian/bicycle connection should be in accordance with current Crime Prevention Through Environmental Design (CPTED) concepts.

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

9. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.

(d) Ordinance No. 8880 relating to zoning: Amending zoning district boundaries in the vicinity of the north side of Golf Links Road approximately 200 feet east of Harrison Road in rezoning case C9-97-04 Sabino Investing - Golf Links Road, SR to R-1.

As of June 12, 1997, seven (7) written approvals and fifty-four (54) written protests have been received. Twenty-one (21) of the protests are within the 150 foot notification area. The majority of the protests refer to excess density, increased traffic and design incompatibility with surrounding development. These protest represent a 21.04 percent protest by area to the north, a 17.83 percent protest to the south, a 35.56 percent protest to the east, and a 0 percent protest to the west.

At this time, a three-quarter majority vote of the Mayor and Council will be necessary to adopt the subject ordinance.

6. WATER: AMENDING THE MAYOR AND COUNCIL WATER POLICIES

(a) Report from City Manager JULY7-97-424 CITY WIDE/OUTSIDE CITY

(b) Resolution No. 17700 relating to water; authorizing and approving amendments to Mayor and Council Water Policies.

7. ELECTIONS: RESOLUTIONS OF INTENTION TO HOLD CHARTER AMENDMENT SPECIAL ELECTION NOVEMBER 4, 1997

(a) Report from City Manager JULY7-97-431 CITY WIDE

8. ZONING: S-97-6) APPEAL OF SIGN CODE ADVISORY AND APPEALS BOARD DECISION - 1187 W. IRVINGTON (McDONALD’S RESTAURANT) AND VARIOUS LOCATIONS WITHIN THE CITY OF TUCSON (REGARDING MAYOR AND COUNCIL APPEAL #S-97-001)

(a) Report from City Manager JULY7-97-436 CITY WIDE

(b) The City Attorney has advised Mayor and Council that before beginning the hearing on the appeal, Mayor and Council should first consider the procedural issue whether to waive the 14 day deadline for filing supplemental statements after the transcript becomes available. If the Mayor and Council waive this requirement, the appeal can be considered at this time. If the Mayor and Council do not waive this requirement, the appeal will be rescheduled on a later Mayor and Council agenda.

(c) Applicant/Appellant: Omer C. "Red" Gilliland, Rojo Grande Southwest, Inc., advertising and signage consultants

This is an appeal of a decision of the Sign Code Advisory and Appeals Board to affirm the Development Director’s decision that copy or message of an approved changeable sign may not change more than once a minute.

The Mayor and Council must first consider whether to suspend or modify its rules and waive the 14 day deadline for filing supplemental responses following availability of the transcript.

Should Mayor and Council waive the deadline for filing supplemental responses, it is then recommended that Mayor and Council consider the merits of the appeal and vote to uphold, reverse or modify the decision of the Board.

FOR ITEM 9 ONLY, THE MAYOR AND COUNCIL, PURSUANT TO TUCSON CODE SECTION 26-12, WILL ACT AS THE CITY’S FLOODPLAIN BOARD IN HEARING A REQUEST FOR APPROVAL OF A VARIANCE

9. PUBLIC HEARING: REQUEST TO THE FLOODPLAIN BOARD FOR APPROVAL OF VARIANCE TO PUT FILL IN CURRENTLY EFFECTIVE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOODPLAIN; NORTHWEST TUCSON INDUSTRIAL PARK (COMMONLY KNOWN AS GARDNER LANE AREA)

(a) Report from City Manager JULY7-97-433 WI

(b) Hearing

The City Manager recommends that the Mayor and Council authorize encroachment into the currently designated FEMA Floodplain.

10. PUBLIC HEARING: CATALINA FOOTHILLS SUBREGIONAL PLAN AMENDMENT/EAGLE FEATHER

(a) Report from City Manager JULY7-97-425 WII

(b) Hearing

(c) Resolution No. 17701 relating to planning and zoning; amending the Catalina Foothills Subregional Plan.

11. PUBLIC HEARING: RINCON/SOUTHEAST SUBREGIONAL PLAN AMENDMENT/LOS REALES AND MONUMENT VISTA

(a) Report from City Manager JULY7-97-426 WIV & WV

(b) Hearing

(c) Resolution No. 17702 relating to planning and zoning; amending the Rincon/Southeast Subregional Plan.

12. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager JULY7-97-412 CITY WIDE

13. CALL TO THE AUDIENCE, for persons desiring to speak.

AT THIS TIME THE MAYOR AND COUNCIL WILL RECESS THE AFTERNOON MEETING AND RECONVENE AT 7:30 P.M.

RECONVENE REGULAR MEETING AT 7:30 P.M.

ROLL CALL

14. PUBLIC HEARING: COMPREHENSIVE GRANT PROGRAM FOR THE REHABILITATION OF PUBLIC HOUSING

(a) Report from City Manager JULY7-97-422 CITY WIDE

(b) Hearing

(c) Resolution No. 17699 relating to community services; approving and authorizing submission to the United States Department of Housing and Urban Development the attached Local Government Statement, Annual Statement/Performance and Evaluation Report for Fiscal Year 1997, PHA/IHA Board Resolution approving Comprehensive Plan or Annual Statement, Five-Year Action Plan and such other submissions as shall be necessary to qualify the City of Tucson for funding for the rehabilitation of public housing under the National Comprehensive Grant Program.

15. PUBLIC HEARING: MEMORANDUM OF UNDERSTANDING WITH ROBIN CABLE SYSTEMS, INC., FOR PROVISIONS OF CABLE SERVICE DESIGNED TO MEET TUCSON’S FUTURE CABLE RELATED NEEDS AND INTERESTS

(a) Report from City Manager JULY7-97-437 CITY WIDE

(b) Hearing

16. PUBLIC HEARING: TUCSON CODE (CHAPTER 23) AMENDING THE LAND USE CODE RELATING TO WIRELESS COMMUNICATIONS ANTENNAE

(a) Report from City Manager JULY7-97-438 CITY WIDE

(b) Hearing

(c) OPTION A (Contains the recommendations by staff)

Ordinance No. 8899 relating to planning and zoning; amending the Land Use Code (LUC), Article III, Development Regulations, Division 5, Performance Criteria, Commercial Services Use Group; Article V, Administration, Division 3, Special Development Applications; and specifying an effective date.

OR OPTION B (Contains the recommendations by the Planning Commission)

Ordinance No. 8899 relating to planning and zoning; amending the Land Use Code (LUC), Article III, Development Regulations, Division 5, Performance Criteria, Commercial Services Use Group; Article V, Administration, Division 3, Special Development Applications; and specifying an effective date.

OR OPTION C (Contains the recommendations by the Wireless Communications Industry)

Ordinance No. 8899 relating to planning and zoning; amending the Land Use Code (LUC), Article III, Development Regulations, Division 5, Performance Criteria, Commercial Services Use Group and specifying an effective date.

The City Manager recommends the Mayor and Council consider the recommendations forwarded by staff, the Planning Commission and the Wireless Communications Industry and adopt an appropriate ordinance.

17. ADJOURNMENT The next scheduled meeting of the Mayor and Council will be held on August 4, 1997, at 2:00 p.m. and continued at 7:30 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

CONSENT AGENDA

A. REAL PROPERTY: VACATION AND SALE OF PROPERTY LOCATED AT 114 EAST 23RD STREET TO EVERETT H. AND LOIS J. BRODER

(1) Report from City Manager JULY7-97-398 WV

(2) Ordinance No. 8897 relating to real property; vacating and declaring certain City property to be surplus property, and authorizing the sale thereof to Everett H. Broder and Lois J. Broder.

B. INTERGOVERNMENTAL AGREEMENT AMENDMENT: WITH Sunnyside School District for the use of the Mission Manor Library Building as a temporary library site for the Valencia Branch Library

(1) Report from City Manager JULY7-97-399 WI

(2) Resolution No. 17685 relating to intergovernmental agreements; approving and authorizing execution of Amendment No. One to the intergovernmental agreement with the Sunnyside School District for the use of the Mission Manor Library Building as a temporary library site for the Valencia Branch Library.

C. REAL PROPERTY: VACATION AND CONVEYANCE OF PORTIONS OF FORMER COMMON AREA TO ADJOINING PROPERTY OWNERS WITHIN THE LIBERTY MANOR SUBDIVISION

(1) Report from City Manager JULY7-97-403 WV

(2) Ordinance No. 8898 relating to real property; vacating and declaring certain portions of City-owned real property to be surplus, and authorizing the conveyance thereof at no cost to the adjoining property owners, as their respective interests may appear.

D. FINANCE: WRITE-OFF OF UNCOLLECTED ACCOUNTS RECEIVABLE

(1) Report from City Manager JULY7-97-406 CITY WIDE

(2) Resolution No. 17687 relating to finance; authorizing the write-off of certain uncollectible items.

E. ASSURANCE AGREEMENT: QUAIL HOLLOW Subdivision, Lots 1 thru 34, Common Areas A & B, and Blocks A, B1, B2, and B3 (S97-001)

(1) Report from City Manager JULY7-97-407 WI

(2) Resolution No. 17688 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 Quail Hollow Subdivision, Lots 1 thru 34, Common Areas A & B, and Blocks A, B1, B2, and B3.

F. ASSURANCE AGREEMENT: Rancho Esperero Subdivision, Lots 1 thru 343 and Common Areas A, B and C (C12-96-39)

(1) Report from City Manager JULY7-97-408 WII

(2) Resolution No. 17689 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 Rancho Esperero Subdivision, Lots 1 thru 343 and Common Areas A, B and C.

G. ASSURANCE AGREEMENT: La Vina Del Sol Subdivision, Lots 1 thru 12 and Common Areas A, B and C (C12-96-11)

(1) Report from City Manager JULY7-97-409 WIII

(2) Resolution No. 17690 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 La Vina Del Sol Subdivision, Lots 1 thru 12 and Common Areas A, B and C.

H. INTERGOVERNMENTAL AGREEMENT AMENDMENT: WITH UNIVERSITY OF ARIZONA FOR INTERNET CONNECTION

(1) Report from City Manager JULY7-97-410 CITY WIDE

(2) Resolution No. 17691 relating to intergovernmental agreements; approving and authorizing execution of an amendment to the intergovernmental agreement with the University of Arizona for Internet Connection.

I. AGREEMENT: WITH WHC-Six Real Estate Limited Partnership for the conveyance of real property for the Ajo Way at Holiday Isle Boulevard Traffic Signal and Intersection Improvements

(1) Report from City Manager JULY7-97-411 WI

(2) Resolution No. 17692 relating to real property; authorizing the execution of an agreement between the City of Tucson and WHC-Six Real Estate Limited Partnership for the conveyance of real property for the Ajo Way at Holiday Isle Boulevard Traffic Signal and Intersection Improvements.

J. INTERGOVERNMENTAL AGREEMENT: WITH ARIZONA DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS FOR MAJOR URBAN RESOURCE LIBRARY SERVICES (MURLS)

(1) Report from City Manager JULY7-97-413 CITY WIDE

(2) Resolution No. 17693 relating to library services; approving and authorizing an intergovernmental agreement with the Arizona Department of Library, Archives, and Public Records for Grant No. 92-1-7-(2) in the amount of $42,972 provided by the Library Services and Construction Act, as amended, for Major Urban Resources

K. INTERGOVERNMENTAL AGREEMENT AMENDMENT: WITH ARIZONA DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS FOR ADDITIONAL FUNDING FOR LIBRARY DEVELOPMENT

(1) Report from City Manager JULY7-97-414 CITY WIDE

(2) Resolution No. 17695 relating to library services; approving and authorizing an amendment to an intergovernmental agreement with the Arizona Department of Library, Archives, and Public Records, Grant No. 92-A-11, for additional funding in the amount of $16,125 for library development.

L. INTERGOVERNMENTAL AGREEMENT AMENDMENT: WITH THE Arizona Department of Economic Security for therapeutic recreation

(1) Report from City Manager JULY7-97-415 CITY WIDE

(2) Resolution No. 17696 relating to parks and recreation; approving and authorizing an amendment to an intergovernmental agreement with the Arizona Department of Economic Security for therapeutic recreation.

M. INTERGOVERNMENTAL AGREEMENT AMENDMENT: WITH ARIZONA DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS FOR ADDITIONAL FUNDING FOR LIBRARY DEVELOPMENT

(1) Report from City Manager JULY7-97-416 CITY WIDE

(2) Resolution No. 17694 relating to library services; approving an amendment to the State Grant-In-Aid Intergovernmental Agreement, Grant No. 92-A-21, with the Arizona Department of Library, Archives, and Public Records for additional funds in the amount of $6,687.

N. PROFESSIONAL SERVICES CONTRACT: WITH Durrant Architects for the Tucson Convention Center Ice Rink floor replacement

(1) Report from City Manager JULY7-97-418 WVI

(2) Resolution No. 17697 relating to professional services; approving and authorizing execution of a contract with Durrant Architects for the Tucson Convention Center Ice Rink floor replacement.

O. INTERGOVERNMENTAL AGREEMENT: WITH Arizona Game and Fish Department for an Urban Fishing Program

(1) Report from City Manager JULY7-97-419 CITY WIDE

(2) Resolution No. 17698 relating to parks and recreation; approving and authorizing execution of an intergovernmental agreement with the Arizona Game and Fish Department for an Urban Fishing Program.

P. PROFESSIONAL SERVICES CONTRACT AMENDMENT: WITH JHK and Associates for the Barraza/Aviation Parkway - Downtown Segment

(1) Report from City Manager JULY7-97-427 WI, WV & WVI

(2) Resolution No. 17705 relating to professional services; approving and authorizing execution of Amendment No. Four to Contract No. 0173-92 with JHK and Associates, in the amount of $370,160.00, for the Barraza/Aviation Parkway - Downtown Segment.

Q. AWARD AGREEMENT: WITH the Arizona Attorney General's Office for Adult Victims' Rights Implementation Assistance Program

(1) Report from City Manager JULY7-97-428 CITY WIDE

(2) Resolution No. 17703 relating to law enforcement; authorizing and approving execution of an award agreement for Adult Victims' Rights Implementation Assistance Program with the Arizona Attorney General's Office.

R. AGREEMENT: WITH the U. S. Department of Treasury and the U.S. Department of Justice for equitable sharing of forfeited property

(1) Report from City Manager JULY7-97-429 CITY WIDE

(2) Resolution No. 17706 relating to law enforcement; approving and authorizing execution of an agreement among the City of Tucson Police Department, the U. S. Department of Treasury and the U. S. Department of Justice for equitable sharing of forfeited property.

S. GRANT AGREEMENT: WITH Our Town Family Center FOR funding development and implementation of a Gang Prevention, Suppression and Intervention Program

(1) Report from City Manager JULY7-97-430 WV

(2) Resolution No. 17707 relating to law enforcement; approving and authorizing execution of a grant agreement with Our Town Family Center funding development and implementation of a Gang Prevention, Suppression and Intervention Program

T. ELECTIONS: INITIATIVE PETITION NO. 1997-I001, PROPOSED AMENDMENT TO ARTICLE VII, CHAPTER 27 OF THE TUCSON CODE, ENTITLED "WATER QUALITY STANDARDS"

(1) Report from City Manager JULY7-97-432 CITY WIDE

(2) Certificate of Results of examination presented by the City Clerk

U. PROFESSIONAL SERVICES CONTRACT: WITH GLHN Architects and Engineers for the Sun Tran Bus Storage and Maintenance Facility

(1) Report from City Manager JULY7-97-434 WI

(2) Resolution No. 17704 relating to professional services; approving and authorizing execution of a contract with GLHN Architects and Engineers for the Sun Tran Bus Storage and Maintenance Facility.

V. FINANCE: SALE OF GENERAL OBLIGATION REFUNDING BONDS

(1) Report from City Manager JULY7-97-435 CITY WIDE

W. 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 JULY7-97-420

(2) COMITE DE FESTIVIDADES MEXICANAS DE TUCSON, Applicant: Mercedes M. Guerrero, 3700 S. La Cholla Blvd., SPECIAL EVENT, City No. T072-97, WI

(3) TUCSON STAR, Applicant: Rudy Valenzuela, 3700 S. La Cholla Blvd., SPECIAL EVENT, City No. T077-97, WI

(4) EL DONANTE, INC., Applicant: James A. Garcia, 3700 S. La Cholla Blvd., SPECIAL EVENT, City No. T078-97, WI

(5) FIRECRACKER, Applicant: Robert B. McMahon, 2990 N. Swan Rd., Ste. 145, NEW LICENSE, Series 12, City No. 041-97, WII

(6) CIRCLE K #1957, Applicant: Kim K. Kwiatkowski, 6700 E. Tanque Verde Rd., NEW LICENSE, Series 10, City No. 045-97, WII

(7) LAKESIDE SPORTS CLUB, Applicant: Charles A. Marshall, 8140 E. Golf Links Rd., NEW LICENSE, Series 12, City No. 031-97, WIV (Continued from the meeting of June 23, 1997)

(8) PALOMINO RESTAURANT, Applicant: James J. Gekas, 1959 N. Swan Rd., PERSON TRANSFER, Series 6, City No. 021-97, WII (Continued from the meeting of June 23, 1997) RECOMMENDED FOR DENIAL

CONSENT AGENDA ITEM NOS. 3-T, 3-V AND 3-W HAVE BEEN AMENDED AND ITEM NO. 3-X HAS BEEN ADDED: T. ELECTIONS: INITIATIVE PETITION NO. 1997-I001, PROPOSED AMENDMENT TO ARTICLE VII, CHAPTER 27 OF THE TUCSON CODE, AMENDED ENTITLED "WATER QUALITY STANDARDS," CALLING A SPECIAL ELECTION ON NOVEMBER 4, 1997 (1) Report from City Manager JULY7-97-432(2) CITY WIDE (2) Certificate of Results of examination presented by the City Clerk ADDED (3) Ordinance No. 8901 relating to elections; calling a special election to be held in the City of Tucson, Arizona on November 4, 1997, on Public Initiative Petition 1997-I001, for the purpose of submitting to the qualified electors thereof a question relating to repealing existing Article VII of Chapter 27 of the Tucson Code (Sections 27-100 through 27-103), enacted by vote of the City’s qualified electors at the Special Election held on November 7, 1995, and adding a new Article VII of Chapter 27 (Sections 27-100 through 27-103) to provide for mandatory water quality standards. V. FINANCE: SALE OF GENERAL OBLIGATION REFUNDING BONDS (1) Report from City Manager JULY7-97-435(2) CITY WIDE ADDED (2) Ordinance No. 8900 relating to finance: Authorizing the issuance and sale of City of Tucson, Arizona General Obligation Refunding Bonds, Series 1997, in the principal amount of $20,170,000; providing for the levy and collection of ad valorem taxes for the payment of the principal of and interest on the bonds; providing certain terms, covenants and conditions regarding the bonds; authorizing the execution and delivery of a depository trust agreement in connection with the bonds to be refunded; authorizing the execution and delivery of a purchase contract and a continuing disclosure undertaking with regard to the bonds; authorizing the preparation and delivery of an official statement with respect to the bonds; authorizing and ratifying certain acts heretofore taken by City officials; and declaring an emergency. W. 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 JULY7-97-420(2) ADDED (9) FRENCH QUARTER, INC., Applicant: James M. Dondson, 1239 N. 6th Ave., TEMPORARY EXTENSION OF PREMISES, City No. EP24-97, WVI X. ELECTIONS: INITIATIVE PETITION NO. 1996-I001, CHARTER AMENDMENT TO THE TUCSON CITY CHARTER ENTITLED “THE CITY OF TUCSON EMPLOYEE AND CITIZEN PARTICIPATION MEET AND CONFER CHARTER AMENDMENT,” CALLING A SPECIAL ELECTION ON NOVEMBER 4, 1997 (1) Report from City Manager JULY7-97-440 CITY WIDE (2) Certificate of Results of examination presented by the City Clerk (3) Ordinance No. 8902 relating to elections; calling a special election to be held in the City of Tucson, Arizona on November 4, 1997, on Public Initiative Petition 1996-I001, for the purpose of submitting to the qualified electors thereof a question relating to repealing existing Chapter VII, Section 2, Chapter XVIII, Section 4, and Chapter XXV, Section 8 of the Tucson Charter, Sections 10-17(2), (3), (4), and (5) of the Tucson Code, and Ordinance No. 5498, and adding a new Chapter XXXII to the Tucson Charter to regulate labor relations between the City and its employees, and political activities by such employees. At the time of preparing the agenda it was not known whether or not the examination of Initiative Petition No. 1996-I001 would be completed by July 7, 1997. If the examination is not completed, this item will be continued to the August 4, 1997, Mayor and Council meeting. PLAT AGENDA ITEM NO. 3A-G HAS BEEN ADDED: G. FINAL PLAT (S97-016) - FIFTH AND RICHEY, LOTS 1 - 5 (1) Report from City Manager JULY7-97-441 WVI (2) The City Manager recommends that the final plat be approved 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. REGULAR AGENDA ITEM NOS. 7, 8 AND 15 HAVE BEEN AMENDED AND ITEM NO. 12A HAS BEEN ADDED: 7. ELECTIONS: RESOLUTIONS OF INTENTION TO HOLD CHARTER AMENDMENT SPECIAL ELECTION NOVEMBER 4, 1997 (a) Report from City Manager JULY7-97-431(2) CITY WIDE ADDED (b) Resolution No. 17710 relating to elections; notice by the Mayor and Council of the City of Tucson, Arizona, to the citizenry thereof, declaring their future intent, at a point in time between August 25, 1997 and September 5, 1997 inclusive, to call a Special Election on November 4, 1997, for the purpose of submitting to the qualified electors thereof a question relating to amending Section 8 of Chapter 16 of the Charter of the City of Tucson to allow redistricting in the second year following the year of any decennial United States census, as well as quadrennially; reflect the City’s actual current practice of redistricting on the basis of total population, as required by federal law; and remove outdated historical references. (c) Resolution No. 17711 relating to elections; notice by the Mayor and Council of the City of Tucson, Arizona, to the citizenry thereof, declaring their future intent, at a point in time between August 25, 1997 and September 5, 1997 inclusive, to call a Special Election on November 4, 1997, for the purpose of submitting to the qualified electors thereof a question relating to amending Section 3 of Chapter 15 of the Charter of the City of Tucson to eliminate the requirements that the Mayor execute contracts awarded by the Director of Procurement under the Tucson Procurement Code and that the City Clerk countersign such contracts and number and register them in a book kept for that purpose. (d) Resolution No. 17712 relating to elections; notice by the Mayor and Council of the City of Tucson, Arizona, to the citizenry thereof, declaring their future intent, at a point in time between August 25, 1997 and September 5, 1997 inclusive, to call a Special Election on November 4, 1997, for the purpose of submitting to the qualified electors thereof a question relating to amending Chapters 5, 9, 22, 29, 30, and 31 of the Charter of the City of Tucson to allow the Mayor to vote on the removal as well as the appointment of City officers; change the vote necessary for removal of the City Manager from two-thirds of the Council to two-thirds of the Mayor and Council, and for removal of all other officers from two-thirds of the Council to a majority of the Mayor and Council; allow the Mayor to vote regarding the declaration of emergency measures; and change the required vote for declaring such emergency measures from five-sixths of the Council to five-sevenths of the Mayor and Council. (e) Resolution No. 17713 relating to elections; notice by the Mayor and Council of the City of Tucson, Arizona, to the citizenry thereof, declaring their future intent, at a point in time between August 25, 1997 and September 5, 1997 inclusive, to call a Special Election on November 4, 1997, for the purpose of submitting to the qualified electors thereof a question relating to amending Chapters 5, 22, 29, 30, and 31 of the Charter of the City of Tucson to provide for changes regarding the appointment, removal, salaries, and civil service status of the City’s appointive officers. (f) Resolution No. 17714 relating to elections; notice by the Mayor and Council of the City of Tucson, Arizona, to the citizenry thereof, declaring their future intent, at a point in time between August 25, 1997 and September 5, 1997 inclusive, to call a Special Election on November 4, 1997, for the purpose of submitting to the qualified electors thereof a question relating to amending Chapter 8 of the Charter of the City of Tucson to provide for changes in the procedure for filling Mayor and Councilmember vacancies. (g) Resolution No. 17715 relating to elections; notice by the Mayor and Council of the City of Tucson, Arizona, to the citizenry thereof, declaring their future intent, at a point in time between August 25, 1997 and September 5, 1997 inclusive, to call a Special Election on November 4, 1997, for the purpose of submitting to the qualified electors thereof a question relating to amending the Charter of the City of Tucson, by adding a new Section 2 to Chapter XXVI to provide for a Charter Review Advisory Committee. AMENDED 8. ZONING APPEAL: (S-97-6) APPEAL OF SIGN CODE ADVISORY AND APPEALS BOARD DECISION - 1187 W. IRVINGTON (McDONALD’S RESTAURANT) AND VARIOUS LOCATIONS WITHIN THE CITY OF TUCSON (REGARDING MAYOR AND COUNCIL APPEAL #S-97-001) (a) Report from City Manager JULY7-97-436 CITY WIDE (b) The City Attorney has advised Mayor and Council that before beginning the hearing on the appeal, Mayor and Council should first consider the procedural issue whether to waive the 14 day deadline for filing supplemental statements after the transcript becomes available. If the Mayor and Council waive this requirement, the appeal can be considered at this time. If the Mayor and Council do not waive this requirement, the appeal will be rescheduled on a later Mayor and Council agenda. (c) Applicant/Appellant: Omer C. "Red" Gilliland, Rojo Grande Southwest, Inc., advertising and signage consultants This is an appeal of a decision of the Sign Code Advisory and Appeals Board to affirm the Development Director’s decision that copy or message of an approved changeable sign may not change more than once a minute. The Mayor and Council must first consider whether to suspend or modify its rules and waive the 14 day deadline for filing supplemental responses following availability of the transcript. Should Mayor and Council waive the deadline for filing supplemental responses, it is then recommended that Mayor and Council consider the merits of the appeal and vote to uphold, reverse or modify the decision of the Board. 12A. REAL PROPERTY: VACATION OF DOWNTOWN COMMERCE PARK, LOTS 10 AND 12 AND SALE TO W. ROSS HUMPHREYS (a) Report from City Manager JULY7-97-439 WI (b) Ordinance No. 8903 relating to real property; vacating and declaring certain City property to be surplus property, and authorizing the sale thereof to W. Ross Humphreys. 15. PUBLIC HEARING: MEMORANDUM OF UNDERSTANDING WITH ROBIN AMENDED CABLE SYSTEMS, INC., (D.B.A. TCI OF TUCSON) FOR PROVISIONS OF CABLE SERVICE DESIGNED TO MEET TUCSON’S FUTURE CABLE RELATED NEEDS AND INTERESTS (a) Report from City Manager JULY7-97-437 CITY WIDE (b) Hearing ADDED The public may make comments at tonight’s public hearing. This public hearing will be continued to the August 4, 1997, Mayor and Council meeting at or after 7:30 p.m., at which time the public will be able to comment upon the finalized cable agreement.


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Source: City of Tucson
3/28/97