*REVISED

MAYOR AND COUNCIL – REGULAR MEETING

 


 

LEGAL ACTION REPORT AND SUMMARY

 

 

 

Tuesday, June 9, 2015

 

 

MAYOR AND COUNCIL CHAMBERS

 

 

CITY HALL, 255 W. ALAMEDA, TUCSON, AZ

 

 

 

1.         ROLL CALL: 5:31 p.m.

 

            OFFICIAL MEMBERS PRESENT:  Mayor Jonathan Rothschild, Vice Mayor Richard G. Fimbres, Council Members Regina Romero, Paul Cunningham, Karin Uhlich, Shirley C. Scott, and Steve Kozachik

 

            OFFICIAL MEMBERS ABSENT/EXCUSED:  None

 

STAFF MEMBERS:     Martha Durkin, City Manager; Michael Rankin, City Attorney; and
Roger W. Randolph, City Clerk

 

2.                  INVOCATION AND PLEDGE OF ALLEGIANCE

 

The invocation was given by Pastor Larry Munguia, The S.O.B.E.R. Project, after which the Pledge of Allegiance was presented by the entire assembly.

 

A moment of silence was observed for Judge Lillian Fisher.

 

PRESENTATIONS

 

a.       Proclaiming June to be "Alliance of Construction Trades Month"

 

 

AGENDA ITEM / MAYOR AND COUNCIL ACTION

STAFF ACTION

3.

 

MAYOR AND COUNCIL REPORT: SUMMARY OF CURRENT EVENTS (City Wide) JUN09-15-193

 

Current event reports were provided by Vice Mayor Fimbres, Council Members Romero, Cunningham, Uhlich, and Scott.

 

 

 

 

4.

 

CITY MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS (City Wide) JUN09-15-194

 

Current event report was provided by Martha Durkin, City Manager.

 

 

 

5.

 

LIQUOR LICENSE APPLICATIONS (City Wide) JUN09‑15‑215

 

City Clerk

 

 

 

 

b.

Liquor License Application(s)

 

 

New License(s)

 

 

1.

Happy Wok, City 40-15

 

 

 

2.

QQ Sushi Train, City 41-15

 

 

 

3.

Schrier’s Sports Grill, City 43-15

 

 

 

4.

7-Eleven #24418J, City 44-15

 

 

 

Person Transfer(s)

 

 

 

NOTE: There are no application(s) for person transfers scheduled for this meeting.

 

 

 

c.

Special Event(s)

 

 

1.

Tucson Breakfast Lions Club, City T53-15

 

 

 

2.

Tucson Museum of Art, City T54-15

 

 

 

3.

Garden Youth Development Project, Inc.,

City T55-15

 

 

 

d.

Agent Change/Acquisition of Control

 

 

 

NOTE: There are no application(s) for agent changes scheduled for this meeting.

 

 

 

 

It was moved by Council Member Uhlich, duly seconded, and CARRIED by a voice vote of 7 to 0, to forward Items 5b1 – 4 and 5c1 – 3 to the State Liquor Board with a recommendation for APPROVAL.

 

 

6.

 

CALL TO THE AUDIENCE

 

The following individuals spoke at the Call to the Audience:

 

Molly McKasson, Robert Mesta, Judith Friedlander, Richard Mayers, Robert Reus, Kevin Holder, Camille Kershner, Ryan Glenn, Anthony Potter, and Michael Oatman.

 

 

 

7.

 

CONSENT AGENDA

                                         

 

 

a.

 

APPROVAL OF MINUTES (City Wide) JUN09-15-195

 

City Clerk

 

 

b.

 

WATER: AMENDING RESOLUTION 22242, THE WATER AND SEWER LINE WARRANTY PROGRAM (City Wide) JUN09-15-196

 

Resolution No. 22403

 

Economic Initiatives

 

 

c.

 

REAL PROPERTY: AUTHORIZING THE SALE OF CITY-OWNED PROPERTY TO THE STATE OF ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE I-19 - AJO WAY TRANSPORTATION INTERCHANGE IMPROVEMENT PROJECT (Ward 1) JUN09-15-197

 

Ordinance No. 11271

 

Real Estate

 

 

d.

 

LICENSE AGREEMENT: WITH VERIZON WIRELESS, LLC FOR SMALL CELL TELECOMMUNICATIONS FACILITIES IN CITY RIGHT OF WAY (City Wide) JUN09-15-198

 

Resolution No. 22408

 

Michael Rankin, City Attorney, announced a correction to Section 2 of the Resolution; it should read the City Manager is authorized and directed to execute the agreement.

 

Real Estate

 

 

e.

 

INTERGOVERNMENTAL AGREEMENT AMENDMENT: WITH THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY FOR THE KOLB ROAD EXTENSION TO SABINO CANYON ROAD IMPROVEMENT PROJECT (Ward 2) JUN09-15-199

 

Resolution No. 22406

 

Transportation

 

 

f.

 

INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY AND THE TOWN OF MARANA FOR THE DESIGN AND CONSTRUCTION OF THE SILVERBELL ROADWAY OVERLAY PROJECT (Ward 1) JUN09‑15-200

 

Resolution No. 22405

 

Transportation

 

 

g.

 

TRANSPORTATION: AUTHORIZING THE DIRECTOR OF THE TUCSON DEPARTMENT OF TRANSPORTATION AS DESIGNATED SIGNATORY FOR A WAIVER OF FOUR-YEAR ADVANCE NOTICE OF ABANDONMENT (City Wide) JUN09-15-201

 

Ordinance No. 11277

 

Transportation

 

 

 

h.

 

REAL PROPERTY: ACQUISITION OF A WATER EASEMENT FOR EXISTING WATER INFRASTRUCTURE ON PRIVATE PROPERTY LOCATED IN TUCSON TERRACE (City Wide) JUN09-15-202

 

This item was continued at the request of staff.

Water

 

 

i.

 

WATER: AMENDING THE TUCSON WATER SERVICE AREA POLICY BY AMENDING RESOLUTION 21602 AND ORDINANCE 11106 (City Wide and Outside City) JUN09-15-203

 

This item was continued at the request of staff.

 

Water

 

 

It was moved by Council Member Romero, duly seconded, and PASSED by a roll call vote of 7 to 0, that Consent Agenda Items a – g, with the amendment to item d, be approved and/or adopted and proper action taken.

 

 

8.

 

PUBLIC HEARING: AMENDING TUCSON CODE (CHAPTER 15) RELATING TO CHANGES IN RESIDENTIAL AND COMMERCIAL COLLECTION AND DISPOSAL FEES AND SERVICES (City Wide) JUN09-15-204

 

The following individual spoke at the public hearing:

 

Kristin Ginter.

 

It was moved by Vice Mayor Fimbres, duly seconded, and CARRIED by a voice vote of 7 to 0, to CLOSE the public hearing.

 

Ordinance No. 11272

 

It was moved by Council Member Romero, duly seconded, and PASSED by a roll call vote of 7 to 0, to PASS and ADOPT Ordinance No. 11272.

 

Environmental Services

 

9.

 

PUBLIC HEARING: TRUTH IN TAXATION HEARING FOR THE PRIMARY PROPERTY TAX, NOTICE OF PRIMARY PROPERTY TAX INCREASE (City Wide) JUN09-15-205

 

It was moved by Council Member Uhlich, duly seconded, and CARRIED by a voice vote of 7 to 0, to CLOSE the public hearing and direct staff to perform all functions required by law.

 

Budget and Internal Audit

 

10.

 

PUBLIC HEARING: 2016 BUDGET AS TENTATIVELY ADOPTED ON MAY 19, 2015 (City Wide) JUN09-15-207

 

The following individuals spoke at the public hearing:

 

Barbie Urias, Lisa Horner, Jerry Gebell, J. Lisa Jones, Dan Linhart, Joseph Bailey Jr., Michael Corio, Sherry VanHorsen, Bruce Caffrey, Mary DeCamp, Lauren Klinkhamer, Libby Hubbard, Dorothy Bonvillain.

 

It was moved by Council Member Scott, duly seconded, and CARRIED by a voice vote of 7 to 0, to CLOSE the public hearing.

 

Budget and Internal Audit

 

AT THIS TIME THE MAYOR AND COUNCIL RECESSED THE REGULAR MEETING AND CONVENED A SPECIAL MEETING FOR THE PURPOSE OF THE BUDGET ADOPTION

 

 

  RECESS: 7:36 P.M.

*RECONVENE: 8:04 P.M.

  MAYOR AND COUNCIL: ALL PRESENT

  STAFF: ALL PRESENT

 

 

12.

 

ZONING: (C9-14-03)  BROADWAY FESTIVAL – LEONORA AVENUE, R-3  TO C-1, ORDINANCE ADOPTION (Ward 6) JUN09-15-206

 

This item was taken out of order.

 

Ordinance No. 11274

 

It was moved by Council Member Kozachik, duly seconded, and PASSED by a roll call vote of 7 to 0, to PASS and ADOPT Ordinance No. 11274.

 

Planning and Development SERVICES

 

*RECESS: 8:07 P.M.

  RECONVENE: 8:19 P.M.

  MAYOR AND COUNCIL: ALL PRESENT

  STAFF: ALL PRESENT

 

 

11.

 

PUBLIC HEARING:  BROADWAY: EUCLID TO COUNTRY CLUB ROADWAY IMPROVEMENTS PROJECT; RECOMMENDED BASELINE ALIGNMENT CONCEPT (Wards 5 and 6) JUN09-15-208

 

Introductory comments were provided by Council Member Kozachik.

 

The following individuals spoke at the public hearing:

 

Mary Durham-Pflibsen, Richard Rose, Forest Weier, Roxana Hart, Diana Madaras, Linda Dobbyn, Greg Clark, Ryan Fagan, Jim Colville, Mark Homan, Doug Mance, Suzie Gershman, Paul Rosado, Jude Cook, Bob Freitas, and Colby Henley.

 

It was moved by Council Member Kozachik, duly seconded, and CARRIED by a voice vote of 7 to 0, to CLOSE the public hearing.

 

Resolution No. 22410

 

It was moved by Council Member Kozachik, duly seconded, and PASSED by a roll call vote of 7 to 0, to approve the City Manager’s Office recommendation to PASS and ADOPT Resolution No. 22410 including parts A and B.

 

Transportation

 

12.

 

ZONING: (C9-14-03)  BROADWAY FESTIVAL – LEONORA AVENUE, R-3  TO C-1, ORDINANCE ADOPTION (Ward 6) JUN09-15-206

 

This item was taken out of order and considered after item 10.

 

Planning and Development SERVICES

 

 

13.

 

ZONING: (C9-13-13) SCHNEIDER – SPEEDWAY BOULEVARD, RX-1 TO R-1, ORDINANCE ADOPTION (Ward 2) JUN09-15-209

 

This item was continued at the request of staff.

Planning and Development services

 

 

14.

 

TUCSON CODE: AMENDING (CHAPTER 10) FISCAL YEAR 2016 COMPENSATION PLAN SCHEDULES (City Wide) JUN09-15-212

 

Ordinance No. 11273

 

It was moved by Vice Mayor Fimbres, duly seconded, and PASSED by a roll call vote of 7 to 0, to PASS and ADOPT Ordinance No. 11273.

 

Human Resources

 

 

15.

 

ANNEXATION: INDIAN HILLS NORTH ANNEXATION DISTRICT, ORDINANCE ADOPTION (Ward 2) JUN09‑15‑210

 

Ordinance No. 11278

 

It was moved by Council Member Cunningham, duly seconded, and PASSED by a roll call vote of 7 to 0, to PASS and ADOPT Ordinance No. 11278.

 

Economic Initiatives

 

 

16.

 

BOARDS, COMMITTEES AND COMMISSIONS: CREATING A POLICE CHIEF ADVISORY COMMITTEE (City Wide) JUN09-15-211

 

Resolution No. 22409

 

It was moved by Council Member Kozachik, duly seconded, and PASSED by a roll call vote of 7 to 0, to PASS and ADOPT Resolution No. 22409.

 

Mayor Rothschild announced his personal appointment of D. Grady Scott and Yolanda Herrera to the Police Chief Advisory Committee.

 

Council Member Scott announced her personal appointment of Glen Parin to the Police Chief Advisory Committee.

 

Vice Mayor Fimbres announced his personal appointment of Mary Veres to the Police Chief Advisory Committee.

 

Council Member Romero announced her personal appointment of Judge Margarita Bernal to the Police Chief Advisory Committee.

 

Council Member Kozachik announced his personal appointment of Caroline Isaacs and Michael Elsner to the Police Chief Advisory Committee.

 

Human Resources

 

 

17.

 

APPOINTMENTS TO BOARDS, COMMITTEES AND COMMISSIONS (City Wide) JUN09-15-214

 

It was moved by Council Member Scott, duly seconded, and CARRIED by a voice vote of 7 to 0, to approve the appointments in the report.

 

Council Member Scott announced her personal appointment of Glen Parin to the Citizens’ Police Advisory Review Board (CPARB).

 

City Clerk

 

 

18.

 

ADJOURNMENT 9:43 p.m.

 

 

 

 

The next regularly scheduled meeting of the Mayor and Council will be held on Tuesday, June 23, 2015, at 5:30 p.m. in the Mayor and Council Chambers, City Hall, 255 West Alameda, Tucson, Arizona.