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Mayor and Council Past Agendas

MAYOR AND COUNCIL STUDY SESSION AGENDA

Mayor and Council
Study Session Agenda


MAYOR AND COUNCIL CHAMBERS - CITY HALL, 255 W. ALAMEDA
February 25th, 2002
***1:00 p.m.***

ESTIMATED DURATION

TOPICS

COMMENTS

30 min.

1. Executive Session - City of Tucson v. Clear Channel Outdoor, Inc. (City-Wide) (Continued from the meeting of February 11, 2002) SS/FEB25-02-55

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 regarding contracts that are the subject of negotiations in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation pursuant to A.R.S. 38-431.03(A)(4).

7 min.

2. Mayor and Council Direction Regarding Executive Session - City of Tucson v. Clear Channel Outdoor, Inc. (City-Wide) (Continued from the meeting of February 11, 2002) SS/FEB25-02-56

REPORT/RECOMMENDATION

15 min.

3. Report from the Citizens Bond Oversight Committee (City-Wide) SS/FEB25-02-57

REPORT/RECOMMENDATION

1 hr.

4. Proposed Five-Year Capital Improvement Program, Fiscal Years 2003 through 2007 (City-Wide) SS/FEB25-02-58

REPORT/RECOMMENDATION

30 min.

5. Fiscal Year 2002 Second Quarter Financial Report and Budget Challenges (City-Wide) SS/FEB25-02-53

REPORT/RECOMMENDATION

30 min.

6. Implementation of the One & One Plus Recycling Program (City-Wide) SS/FEB25-02-52

REPORT/RECOMMENDATION

15 min.

7. Intergovernmental Relations: Discussion of 2002 State and Federal Legislation Affecting the City (City-Wide) SS/FEB25-02-59

 

REPORT/RECOMMENDATION

7 min.

8. Pima Association of Governments (PAG) Management Committee's Recommend-ations to Regional Council (City-Wide) SS/FEB25-02-54

REPORT/RECOMMENDATION

7 min.

9. Boards, Commissions and Committees (City-Wide) SS/FEB25-02-62

 

7 min.

10. Mayor and Council Discussion of Regular Agenda (City-Wide) SS/FEB25-02-60

 

7 min.

11. Mayor and Council Discussion of Future Agendas (City-Wide) SS/FEB25-02-61

 


MAYOR AND COUNCIL REGULAR AGENDA

MONDAY, FEBRUARY 25, 2002 - 7:30 P.M.

MAYOR AND COUNCIL CHAMBERS

(CITY HALL, 255 WEST ALAMEDA, TUCSON, ARIZONA)

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Vic Crews, Tucson Independent Baptist Church

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

PRESENTATIONS

    1. Proclamation - Proclaiming March 2002 to be "Hispanics Giving Hope" "Hispanos Dando Esperanza" Month

(b) Proclamation - Proclaiming March 2002 to be "Red Cross Month"

(c) Proclamation - Proclaiming March 1 and 2, 2002 to be "Read Across America Days"

(d) Certificates of Appreciation presented to Roni Ashford, Isidro Figueroa and Raul Aguirre for their radio program, "La Hora del Café" informing the Hispanic Community about City Services

3. CITY MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS

    1. Report from City Manager FEB25-02-104 CITY-WIDE

  1. CALL TO THE AUDIENCE:

At this time, any member of the public is allowed to address the Mayor and City Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the City Manager to review the matter, ask that the

matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "call to the audience."

5. CONSENT AGENDA - ITEMS A THROUGH N

FOR COMPLETE DESCRIPTION OF ITEMS

SEE ATTACHED 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.

6. LIQUOR LICENSE APPLICATIONS

    1. Report from City Manager FEB25-02-93
    2. (b) LIQUOR LICENSE APPLICATION(S)

      New License(s)

      (1) GHOST RANCH LODGE RESTAURANT Staff Recommendation

      801 W. Miracle Mile

      Applicant: Patricia A. Claves Police: In Compliance

      City #001-02, located in Ward 3 Planning: In Compliance

      Series #12 Business License: In Compliance

      Action must be taken by: March 9, 2002

      Public Opinion: PROTEST FILED

      (2) NEW DELHI PALACE CUISINE OF INDIA Staff Recommendation

      6751 E. Broadway Blvd.

      Applicant: Sukhwinder S. Mann Police: In Compliance

      City #002-02, located in Ward 2 Planning: In Compliance

      Series #12 Business License: In Compliance

      Action must be taken by: March 12, 2002

      NOTE: State law provides that a new license, "In all proceedings before the governing body of a city…the applicant bears the burden of showing that the public convenience requires and that the best interest of the community will be substantially served by the issuance of a license". (A.R.S. Section 4-201)

    Person/Location Transfer(s)

    (3) LONG WONGS Staff Recommendation

    2500 E. 6th Street

    Applicant: Dawne R. Obedin Police: In Compliance

    City #003-02, located in Ward 6 Planning: In Compliance

    Series #7 Business License: In Compliance

    Action must be taken by: March 12, 2002

    Public Opinion: PROTESTS AND SUPPORT LETTERS FILED

    NOTE: For a person to person and location transfer of a number seven license, the State Liquor Board will only hold a hearing to consider a protest of location or permit testimony against the location at a hearing.

    Person/Location Transfer(s)

    (4) FOOD4LESS Staff Recommendation

    1221 W. Irvington Road

    Applicant: Lori E. Boultier Police: In Compliance

    City #005-02, located in Ward 1 Planning: In Compliance

    Series #9 Business License: In Compliance

    Action must be taken by: March 9, 2002

    NOTE: For a person to person and location transfer of a number nine license, the State Liquor Board will only hold a hearing to consider a protest of location or permit testimony against the location at a hearing.

    (c) Special Event(s)

    (1) UNITED PHOENIX FIREFIGHTERS Staff Recommendation

    ASSOCIATION

    213 N. 4th Avenue

    Applicant: Bobby V. Ford Police: Denied

    City #T008-02, located in Ward 6 Planning: In Compliance

    Date of Event: March 17, 2002

    (2) ST. PATRICK’S PARADE & FESTIVAL Staff Recommendation

    220 S. 5th Avenue

    Applicant: John W. McKay Police: In Compliance

    City #T016-02, located in Ward 6 Planning: In Compliance

    Date of Event: March 17, 2002

    (d) Extension of Premises(s)

    (1) MONTGOMERY'S IRISH PUB Staff Recommendation

    9155 E. Tanque Verde Road, #177

    Applicant: Jerry A. Montgomery Police: In Compliance

    City #EP02-02, located in Ward 2 Planning: In Compliance

    Type: Temporary Extension

    Date of Event: March 17, 2002

    (2) O’MALLEYS ON FOURTH Staff Recommendation

    247 N. 4th Avenue

    Applicant: Scott J. Cummings Police: In Compliance

    City #EP04-02, located in Ward 6 Planning: In Compliance

    Type: Temporary Extension

    Date of Event: March 15, 2002

    March 16, 2002

    March 17, 2002

    7. TUCSON CODE: AMENDING (CHAPTER 10) RELATING TO CITY EMPLOYEE CLASSIFICATION AND COMPENSATION SYSTEMS

    (a) Report from City Manager FEB25-02-110 CITY-WIDE

  1. Ordinance No. 9675 relating to human resources, amending Chapter 10 Article I and II of the Tucson Code by adding, amending and renumbering sections relating to classification and compensation: amending Article I, Tucson Code Section 10-6, adoption, construction of classification plan by clarifying existing language, adding Tucson Code Section 10-7, job evaluation grades, providing for appointment of job evaluation team and implementation of job evaluation grades for classifications; adding Tucson Code Section 10-8, procedures for classification review, providing for policy and procedures; renumbering Tucson Code Section 10-7 as Section 10-9, allocation of positions to appropriate classes; renumbering and amending Tucson Code Section 10-8 as Section 10-10, changes in classification and job evaluation grade, providing for review and recording of job evaluation grades for classifications; renumbering and amending Tucson Code Section 10-9 as Section 10-11, use of class titles, clarifying language; renumbering remaining sections of Article I of Chapter 10 to conform to the effect of renumbering the previous sections of Article I; amending Article II, by amending Tucson Code Section 10-31, changing title to include establishment of policy and adoption of compensation plan, adding Tucson Code Section 10-31(1), compensation policy, setting forth objectives and factors considered in setting
  2. compensation; amending and renumbering Tucson Code Section 10-31(1) as 10-31(2) formulation, requiring surveys delineating factors for consideration in annual compensation plan recommendation; renumbering Tucson Code Section 10-31(2) as Section 10-31(3), amendments; amending and renumbering Tucson Code 10-31(3) as 10-31(4), filing, expanding title and providing for adoption of annual compensation plan; amending and renumbering Tucson Code 10-31(4) as 10-31(5), applications, changing references from points within plan to ranges correlating to job evaluation grades; renumbering remaining sections of Article II of Chapter 10 to conform to effect of renumbering previous sections; and declaring an emergency.

    The City manager recommends adoption of the ordinance as presented.

    8. HUMAN RESOURCES: ADOPTION OF THE FISCAL YEAR 2003 CITY EMPLOYEE COMPENSATION STRUCTURE

    (a) Report from City Manager FEB25-02-113 CITY-WIDE

    9. ZONING: (C9-95-15) TUCSON MEDICAL CENTER - GLENN STREET, R-1 TO P, ORDINANCE ADOPTION

    (a) Report from City Manager FEB25-02-114 WII

    10. ZONING: (C9-01-23) PEPPER-VINER - SPEEDWAY BOULEVARD, RX-1 TO R-1, ZONING EXAMINER'S REPORT

    (a) Report from City Manager FEB25-02-109 WII

    (b) Report from Zoning Examiner dated January 18, 2002

  3. Request to rezone approximately 4.15 acres located west of Speedway Place approximately 320 feet north of Speedway Boulevard, from RX-1 to R-1. Applicant: Rick Engineering Company, Inc. on behalf of Pepper-Viner Investment Company. The preliminary development plan is for a 26 lot, 7.4 acre, single-family subdivision with a density of 3.51 units per acre utilizing the

residential cluster project option. The Zoning Examiner recommends approval of R-1 zoning subject to recommended conditions. The City Manager recommends approval subject to the following conditions:

1. A subdivision plat, in substantial compliance with the preliminary development plan dated January 2, 2002, and the Design Compatibility Report and Environmental Resource Report, is to be submitted and approved in accordance with Section 4.1.1 of the LUC, including, but not limited to:

a. Plat to include the entire area from Speedway Boulevard to Hidden Hills West subdivision west of Speedway Place.

b. No direct access to Speedway Boulevard.

2. Prepare and submit for approval a detailed hydrology and hydraulics report including the detention/retention analysis. A two-year threshold retention volume shall be provided in a separate set aside area for the development. Any offsite drainage improvements for this project shall be designed to keep the alteration of existing flow conditions to the minimum. Any construction/development outside of the subject site will require a legal affidavit agreement from the current owner(s) who shall bind the successors and assignees of the property (ies) to this condition.

3. Water harvesting techniques shall be extensively used by providing landscape areas where roof runoff water and street drainage will discharge and temporarily collect, prior to discharging in the Magee Wash or Robb Wash floodplain.

4. In lieu of monetary contribution for the box culvert in Speedway Place, a large area of open space (approximately 35 feet ) between Speedway Place and the first lot downstream from the culvert, shall be provided to transition the flow of Magee Wash to natural conditions.

5. All drainage improvements for the development shall be constructed at least 30 (thirty) feet from the centerline of the Magee Wash channel.

6. A corridor fifty (50) feet wide measured from top-of-bank of Robb Wash shall be dedicated by fee or trail easement.

7. A Floodplain Use Permit (FUP) is required prior to placing any fill or performing any grading in the floodplain(s). The final plat of this development will not be approved until all of the developable area is removed from the 100-year floodplain.

8. Pedestrian access shall be provided from the new street to the trail corridor of Robb Wash.

9. The local street cross-section within the subdivision shall be designed to accommodate on-street parking on one or both sides of the street.

10. The location of any "No Parking" signs shall be disclosed by a note on the final plat and shall be shown on the tentative plat.

11. A minimum ten (10) foot wide landscape buffer with canopy trees shall be provided adjacent to the street right-of-ways, except at Lot 1 on the preliminary development plan. A five (5) foot tall masonry screen wall shall be provided.

12. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. These screen walls 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.

13. 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.

    1. If archaeological features are found during project construction, testing and data recovery will be completed as needed. Copies of testing plans, testing reports, data recovery plans and final reports shall be submitted to and approved by the City Historic Preservation Office prior to construction work commencing. If, during construction, human remains and associated burial items are discovered, ground disturbing activities in the vicinity of the discovery will cease, the discovery site will be secured, and the Arizona State Museum will be immediately notified as required under A. R. S. 41-865.

15. All areas identified as NUOS or other designated open space are to be fenced off and protected prior to any on-site development activity.

16. All open space and landscape areas, including detention/retention areas, shall be designated as common area and maintained by the homeowners association.

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

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

19. Rooftop equipment shall be screened.

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

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

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

One written approval and two written protests have been received.

A simple majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

11. PUBLIC HEARING: (C9-89-39) PERILLO - GOLF LINKS ROAD AND PANTANO WASH, CHANGE OF CONDITIONS AND ORDINANCE ADOPTION

(a) Report from City Manager FEB25-02-115 WIV

(b) Hearing

12. BOARDS, COMMISSIONS AND COMMITTEES: APPOINTMENT TO THE CIVIL SERVICE COMMISSION

(a) Report from City Manager FEB25-02-106 CITY-WIDE

    1. Resolution No. 19129 relating to the Civil Service Commission; appointing a commissioner; fixing annual compensation, and declaring an emergency.

13. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager FEB25-02-105 CITY-WIDE

14. CALL TO THE AUDIENCE

At this time, any member of the public is allowed to address the Mayor and City Council on any issue. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the City Manager to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "call to the audience."

15. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, March 4, 2002, at 2:00 p.m. in the Mayor and Council Chambers, 255 W. Alameda, Tucson, Arizona.


MAYOR AND COUNCIL CONSENT AGENDA

MONDAY, FEBRUARY 25, 2002- 7:30 P.M.

5. CONSENT AGENDA - ITEMS A THROUGH N

A. WARD REDISTRICTING: CREATION OF THE 2002 REDISTRICTING ADVISORY COMMITTEE

    1. Report from City Manager FEB25-02-94 CITY-WIDE

(2) Resolution No. 19128 relating to the redistricting of wards; creating the 2002 Redistricting Advisory Committee, pursuant to Tucson Charter Chapter XVI, Section 8.1 and Tucson Code Section 12-9; and declaring an emergency.

B. GRANT APPLICATION AND AGREEMENT: WITH THE ARIZONA DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS FOR A LIBRARY SERVICES AND TECHNOLOGY GRANT

(1) Report from City Manager FEB25-02-99 CITY-WIDE

(2) Resolution No. 19123 relating to library; authorizing and approving the submission of a grant application and agreement to the Arizona State Library, Archives and Public Records for a $8,900 Library Services and Technology Grant: Start 1st @ the Library/Comienza Primero en la Biblioteca; and declaring an emergency.

C. GRANT APPLICATION AND AGREEMENT: WITH THE ARIZONA DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS FOR A LIBRARY SERVICES AND TECHNOLOGY GRANT

(1) Report from City Manager FEB25-02-100 CITY-WIDE

(2) Resolution No. 19124 relating to library; authorizing and approving the submission of a grant application and agreement to the Arizona State Library, Archives and Public Records for a $5,000 Library Services and Technology Grant: LITERACY: A Lifelong Journey; and declaring an emergency.

D. GRANT APPLICATION AND AGREEMENT: WITH THE ARIZONA DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS FOR A LIBRARY SERVICES AND TECHNOLOGY GRANT

(1) Report from City Manager FEB25-02-101 CITY-WIDE

(2) Resolution No. 19125 relating to library; authorizing and approving the submission of a grant application and agreement to the Arizona State Library, Archives and Public Records for a $15,533 Library Services and Technology Grant: Sonoran Desert Sampler: Library/Museum Collaborative Partnership; and declaring an emergency.

E. GRANT APPLICATION AND AGREEMENT: WITH THE ARIZONA DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS FOR A LIBRARY SERVICES AND TECHNOLOGY GRANT

(1) Report from City Manager FEB25-02-102 CITY-WIDE

(2) Resolution No. 19126 relating to library; authorizing and approving the submission of a grant application and agreement to the Arizona State Library, Archives and Public Records for a $13,386 Library Services and Technology Grant: It’s Wild! Teens Present: Library/Museum Programs for Young Audiences; and declaring an emergency.

F. FINANCIAL PARTICIPATION AGREEMENT: WITH THE SOUTHERN ARIZONA INSTITUTE OF ADVANCED TECHNOLOGY

(1) Report from City Manager FEB25-02-103 CITY-WIDE

(2) Resolution No. 19127 relating to financial participation agreements; authorizing and approving the financial participation agreement with the Southern Arizona Institute of Advanced Technology; and declaring an emergency.

G. ASSURANCE AGREEMENT: (S01-023) JENNIFER MEADOWS SUBDIVISION, LOTS 1 TO 50, AND COMMON AREAS "A", "B", & "C"

(1) Report from City Manager FEB25-02-97 WIV

(2) Resolution No. 19122 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 Jennifer Meadows Subdivision, Lots 1 to 50 and Common Areas "A", "B" and "C"; and declaring an emergency.

H. FINAL PLAT: (S01-023) JENNIFER MEADOWS SUBDIVISION, LOTS 1 TO 50, AND COMMON AREAS "A", "B", & "C"

(1) Report from City Manager FEB25-02-95 WIV

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

I. PUBLIC IMPROVEMENTS: HARRISON ROAD, OLD SPANISH TRAIL TO GOLF LINKS ROAD DISTRICT PAVING IMPROVEMENT - AWARD OF CONTRACT

(1) Report from City Manager FEB25-02-96 WII

(2) Declaration of bids received by the City Clerk on January 24, 2002. Recommendation of award of contract provided by the Superintendent of Streets.

(3) Award of Construction contract to Hunter Contracting.

J. CITY MAGISTRATE: APPOINTMENT OF SPECIAL CITY MAGISTRATES

(1) Report from City Manager FEB25-02-98 CITY-WIDE

    1. Ordinance No. 9672 relating to city magistrates; appointing Kevin Francis Finn, David G. Dingeldine and Clifford J. Hofmann as Special City Magistrates to serve upon call by the Chief Executive Officer of the City Court; fixing compensation.

K. INTERGOVERNMENTAL AGREEMENT AMENDMENT: WITH PIMA COUNTY FOR SECTION 8 HOUSING PROGRAM

(1) Report from City Manager FEB25-02-108 CITY-WIDE

    1. Resolution No. 19130 relating to Section 8 Housing; repealing Resolution No. 18892 and approving and authorizing execution of an intergovernmental agreement between Pima County and the City of Tucson for Section 8 Housing services for the purpose of forming a consortium to provide a tenant-based rental voucher housing assistance payments program under Section 8 of the U.S. Housing Act of 1937, as amended, and declaring an emergency.

L. REAL PROPERTY: PUBLIC UTILITIES EASEMENT FOR WESTERN EMULSIONS DEVELOPMENT PROJECT

(1) Report from City Manager FEB25-02-107 WV

(2) Ordinance No. 9673 relating to real property; establishing and reserving a perpetual exclusive easement for certain utility facilities in, on, over, under, and through a certain portion of Block 1 of Tormey Industrial Resubdivision; and declaring an emergency.

M. AGREEMENTS: DEVELOPMENT AND LEASE-PURCHASE AGREEMENT AND RAIL SERVICE TERMINATION AGREEMENT REGARDING WESTERN EMULSIONS DEVELOPMENT PROJECT

(1) Report from City Manager FEB25-02-112 WV

N. TUCSON CODE: AMENDING (CHAPTER 4) CONSOLIDATION OF PROPERTY MAINTENANCE AND NUISANCE CODES AND CREATING THE "NEIGHBORHOOD PRESERVATION ORDINANCE"

(1) Report from City Manager FEB25-02-111 CITY-WIDE

(2) Ordinance No. 9674 relating to neighborhood preservation; adopting the "Neighborhood Preservation Ordinance"; stating purpose and scope; providing definitions; establishing maintenance standards for buildings, exterior premises, and vacant land; regulating dilapidated, vacant and nuisance structures; prohibiting junked motor vehicles; regulating slum property; declaring certain acts unlawful, including graffiti, excessive noise, unruly gatherings, illegal dumping, and maintaining a public nuisance; providing for administration and enforcement of the ordinance; establishing abatement remedies; providing for administrative appeals; defining liability; resolving conflicts of ordinances; and declaring severability; by repealing Sections 6-66, 6-67, 6-68, 6-71, 6-72, 6-73, 11-46, 11-65, 11-71 through 11-84, 11-130 through 11-135, 11-140 through 11-145, 11-170 through 11-170.3, 15-16, 15-17, 15-18, 15-70 through 15-74, and 15-75; and by creating a new Chapter 16, Articles I through VIII, Sections 16-1 through 16-99, entitled the Neighborhood Preservation Ordinance; saving rights, remedies and proceedings that matured or were begun prior to the effective date of this ordinance; and declaring an emergency.


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