Mayor & Council
Study Session and Regular Agenda
for

NOVEMBER 10, 1997
1:30 P.M.
CITY HALL
255 WEST ALAMEDA
TUCSON, ARIZONA

ESTIMATED DURATION	TOPICS	COMMENTS
5 mins.	1. Mayor and Council Discussion of Regular Agenda SS/NOV10-97-555
20 mins.	2. "Back to Basics" - Program Update and Policy Issues (City-Wide) SS/NOV10-97-562	REPORT/RECOMMENDATION
20 mins.	3. Community Development Block Grant Program Funding Priorities for FY 1998-99 (City-Wide) SS/NOV10-97-563	REPORT/RECOMMENDATION
15 mins.	4. The Association for the Teleservice Employees (City-Wide) SS/NOV10-97-558	REPORT/DISCUSSION
10 mins.	5. Residency Requirement for Future City Employees (City-Wide) SS/NOV10-97-564*	DISCUSSION
5 mins.	6. 1998 Schedule for Mayor and Council Meetings (City-Wide) SS/NOV10-97-559	REPORT/RECOMMENDATION
5 mins.	7. Mayor and Council Subcommittees Status Reports (City-Wide) SS/NOV10-97-560
5 mins.	8. Mayor and Council Discussion of Future Agendas SS/NOV10-97-556
5 mins.	9. Boards, Committees and Commissions SS/NOV10-97-557
FOR INFORMATION ONLY	10. Administrative Action Report and Summary - SS/NOV10-97-561

*ALSO ON REGULAR AGENDA

MONDAY, NOVEMBER 10, 1997
7:30 P.M.
MAYOR AND COUNCIL CHAMBERS
CITY HALL
255 W. ALAMEDA
TUCSON, ARIZONA

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Frank Cherney, Body of Christ Living Faith & Free Lutheran Churches

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

3. CONSENT AGENDA - ITEMS A THROUGH D

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.

4. ELECTIONS: CANVASSING RETURNS AND DECLARING RESULTS OF THE NOVEMBER 4, 1997, GENERAL AND SPECIAL ELECTIONS

(a) Report from City Manager NOV10-97-711 CITY WIDE

5. TUCSON CODE: AMENDING (CHAPTER 10) CIVIL SERVICE RELATING TO RESIDENCY REQUIREMENT FOR FUTURE APPOINTIVE OFFICERS AND CITY EMPLOYEES

(a) Report from City Manager NOV10-97-714 CITY WIDE

(b) Ordinance No. 8979 relating to City employment; amending Chapter 10 of the Tucson Code by adding a new Section 10-22 establishing a residency requirement for all appointive officers and employees of the City initially appointed after January 1, 1998, and for all civil service employees hired or rehired after January 1, 1998; creating exemptions for Native Americans living on a reservation, for non-permanent City employees, and for appointive officers, appointed employees, and permanent civil service employees regularly assigned to report to work locations outside the City limits; authorizing City Manager to grant temporary waivers and to establish enforcement procedures; establishing consequences for violation.

6. PUBLIC HEARING: TUCSON CODE - AMENDING (CHAPTER 11) CRIMES AND OFFENSES RELATING TO SITTING AND LYING ON PUBLIC SIDEWALKS IN DOWNTOWN AND NEIGHBORHOOD COMMERCIAL ZONES

(a) Report from City Manager NOV10-97-707 CITY WIDE

(b) Hearing

(c) Ordinance No. 8978 relating to crimes and offenses; adding Tucson Code Section 11-36, regulating sitting or lying down on public sidewalks in downtown and neighborhood commercial zones.

7. PUBLIC HEARING: TUCSON CODE - AMENDING (CHAPTER 3) ADVERTISING AND OUTDOOR SIGNS RELATING TO ELECTRONIC MESSAGE CENTERS, A-FRAME AND PORTABLE SIGNS, A-FRAME AND PORTABLE SIGNS IN HISTORIC DISTRICTS AND ANNUAL SIGN REGULATION FEES

(a) Report from City Manager NOV10-97-715 CITY WIDE

(b) Hearing

(c) ORDINANCE #1 - ELECTRONIC MESSAGE CENTERS:


Ordinance No. 8983 relating to signs and outdoor advertising; amending the Tucson Code, Chapter 3, Sign Code by amending Article I, Introductory Provisions and Enforcement, Section 3-14, Definitions, Sign Types, by adding a definition for electronic message center; amending Article VIII, Section 3-77(B), Electronic Message Center, to be included as a prohibited sign type.

This draft was passed 7-1 by the Sign Code Committee and is forwarded to Mayor and Council for their action. Several members of the sign industry oppose this proposed change. Considerable time was spent in the public hearing discussing the present Development Services interpretation which allows text of a sign to be changed electronically no more than once per minute.

(d) ORDINANCE #2 - A-FRAME AND PORTABLE SIGNS:

Ordinance No. 8984 relating to signs and outdoor advertising; amending the Tucson Code, Article II, Definitions, by deleting Subsection 3-14(C)(5); amending Article III, Permits, Fees and Inspections, Section 3-27, Fees, by deleting Subsection 3-27A(3)(E), Temporary Signs; amending Chapter 3, Sign Code, Article V, General Requirements and Limitations, Section 3-60, by deleting Subsection (E), A-Frames; amending Article VII, Exempt Signs, by amending Section 3-73(7), Temporary Signs; and amending article VIII, Prohibited Signs, Section 3-77, Prohibited Signs Enumerated, by adding a new Subsection 3-77(G).

If the Mayor and Council wish to prohibit the use of A-frame or portable signs, the Citizen Sign Code Committee recommends the adoption of Ordinance #2 (thereby requiring no action on draft Ordinance #3).

(e) ORDINANCE #3 - A-FRAME AND PORTABLE SIGNS IN HISTORIC DISTRICTS:
Ordinance No. 8985 relating to signs and outdoor advertising; amending the Tucson Code, Chapter 3, Sign Code, Article IV, Signs By District, Section 3-34, Historic Districts; and amending Article V, General Requirements and Limitations, Section 3-60, by providing for use of a-frame signs in Historic Districts.

If the Mayor and Council wish to continue the use of A-frame or portable signs within the rest of the City, the Citizen Sign Code Committee then recommends the adoption of this draft ordinance. The Historic Commission has also been involved in both the Sign Committee and the public hearing meetings and has voiced support of this ordinance.

(f) ORDINANCE #4 - ANNUAL SIGN REGULATION FEES:

Ordinance No. 8986 relating to signs; amending the Tucson Code, Chapter 3, "Advertising and Outdoor Signs," Article III, Permits, Fees and Inspections, by amending Section 3-27, Fees, for sign code enforcement.

The Committee voted to strongly support the new fee structure. No opposition was recorded at the public hearing from either the sign industry or the business community.

8. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager NOV10-97-712 CITY WIDE

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

10. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, November 17, 1997, at 2:00 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

ADDENDUM

REGULAR AGENDA ITEM NO. 9 HAS BEEN ADDED:

9. ECONOMIC DEVELOPMENT: AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE ARIZONA STATE PARKS BOARD FOR THE ACQUISITION OF THE RIALTO THEATRE AND AGREEMENT WITH THE RIALTO FOUNDATION FOR THE OPERATION AND MAINTENANCE OF THE RIALTO THEATRE

(a) Report from City Manager NOV10-97-716 WVI

(b) Resolution No. 17868 relating to economic development; authorizing and directing the City Manager to enter into an agreement with the Arizona State Parks Board for Heritage Grant Funds for the acquisition of the Rialto Theatre; authorizing the City Manager to pursue acquisition of the Rialto Theatre property; authorizing the City Manager to pursue an agreement with the Rialto Foundation for the operation and maintenance of the Rialto Theatre.

The City Manager recommends that the Mayor and Council approve the subject resolution which authorizes staff to:

1. Negotiate acquisition of the Rialto Theatre and conduct necessary due diligence.
2. Negotiate an acceptable "Participant Agreement" with the Arizona State Parks Board.
3. Negotiate a satisfactory operating and maintenance agreement for the theatre.
4. Return to Mayor and Council with documents, leases and other agreements as necessary to consummate the transaction.

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

11. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, November 17, 1997, at 2:00 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

* Renumbered due to the added item.

MONDAY, NOVEMBER 10, 1997
7:30 P.M.
MAYOR AND COUNCIL CHAMBERS
CITY HALL
255 W. ALAMEDA
TUCSON, ARIZONA

A. REAL PROPERTY: VACATION AND CONVEYANCE OF PROPERTY LOCATED AT 541 S. MAIN AVENUE AND 799 N. ANITA AVENUE TO THE TUCSON INDIAN CENTER FOR USE OF HOPE 3 FUNDS

(1) Report from City Manager NOV10-97-708 WI

(2) Ordinance No. 8976 relating to real property; vacating and declaring certain parcels of City-owned real property to be surplus and authorizing the conveyance thereof at no cost to the American Indian Association of Tucson, Inc., an Arizona non-profit corporation, doing business as the Tucson Indian Center; authorizing the City Manager to enter into a contract with the Tucson Indian Center for the use of HOPE 3 funds for the rehabilitation of said properties.

B. COOPERATIVE AGREEMENT AWARD: TO THE TUCSON POLICE DEPARTMENT FROM THE NATIONAL INSTITUTE OF JUSTICE FOR A PARTNERSHIP WITH THE UNIVERSITY OF ARIZONA

(1) Report from City Manager NOV10-97-709 CITY WIDE

(2) Resolution No. 17858 relating to law enforcement; approving and authorizing execution of a cooperative agreement award from the National Institute of Justice Office of Science and Technology for a research and development partnership with the University of Arizona.

C. INTERGOVERNMENTAL AGREEMENT AMENDMENT: WITH TUCSON UNIFIED SCHOOL DISTRICT (TUSD) FOR DEVELOPMENT AND MAINTENANCE OF PARKS AND RECREATION FACILITIES AT CATALINA HIGH SCHOOL - PHASE III

(1) Report from City Manager NOV10-97-710 WVI

(2) Resolution No. 17859 relating to intergovernmental agreements; approving and authorizing execution of Amendment No. One to the Intergovernmental Agreement with the Tucson Unified School District for development and maintenance of parks and recreation facilities at Catalina High School.

D. 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 NOV10-97-713

(2) PIMA AIR & SPACE MUSEUM, Applicant: Jennifer M. Grant, 6000 E. Valencia Rd., SPECIAL EVENT, City No. T126-97, WV

(3) ROUTE 66 GRILL & BAR, Applicant: James M. Johnson, 3146 E. Grant Rd., NEW LICENSE, Series 12, City No. 081-97, WVI

(4) SUSHI-HAMA, Applicant: Bo Hyun Kim, 3971 N. Oracle Rd., NEW LICENSE, Series 12, City No. 089-97, WIII

(5) SANDYI ORIENTAL MARKET, Applicant: Sandy Yi, 4270 E. Pima St., NEW LICENSE, Series 10, City No. 094-97, WVI

(6) FOUR POINTS HOTEL TUCSON BY ITT SHERATON, Applicant: Patrick A. Tubaugh, 350 S. Freeway Rd., NEW LICENSE, Series 11, City No. 100-97, WI

(7) BLACK-EYED PEA RESTAURANT, Applicant: William J. Howard, 95 W. River Rd., NEW LICENSE, Series 12, City No. 103-97, WIII

(8) WE WENT WONG (Hec & Winks), Applicant: Raul H. Rodriguez, 4844 E. 22nd St., LOCATION TRANSFER, Series 6, City No. 099-97, WV PROTESTS RECEIVED

(9) KOKOPELLI WINERY, INC., Applicant: Donald L. Minchella, 260 S. Church Ave., WINE FESTIVAL LICENSE/WINE FAIR LICENSE, City No. T127-97, WVI