City of Tucson Past Agendas

MAYOR AND COUNCIL
PAST AGENDAS

CITY HALL - COUNCIL CHAMBERS
255 W. ALAMEDA
TUCSON, ARIZONA
DECEMBER 13, 1999
1:30 P.M.

ESTIMATED DURATION	TOPICS	COMMENTS
15 mins.	1. Executive Session – Committee to Incorporate the Town of Tortolita v. The State of Arizona, City of Tucson and Town of Oro Valley (City-Wide) SS/DEC13-99-601	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. SECTION 38-431.03 (A) (4)
5 mins.	2. Committee to Incorporate the Town of Tortolita v. The State of Arizona, City of Tucson and Town of Oro Valley (City- Wide) SS/DEC13-99-602	REPORT/ RECOMMENDATION
30 mins.	3. Intermodal Center Development Udpate and Report on First Phase Projects (Wards 1, 5 & 6) S/DEC13-99-594	REPORT/ RECOMMENDATION
5 mins.	4. Boards, Committees and Commissions SS/DEC13-99-591
5 mins.	5. Mayor and Council Discussion of Regular Agenda SS/DEC13-99-588
5 mins.	6. Mayor and Council Subcommittees Status Report (City-Wide) SS/DEC13-99-597
5 mins.	7.Mayor and Council Discussion of Future Agendas SS/DEC13-99-589
30 mins.	8. Reclaimed Water Master Plan (City-Wide & Outside City) SS/DEC13-99-598*	REPORT/DISCUSSION
10 mins.	9. Reclaimed Water Service Agreement with Davis-Monthan Airforce Base (Ward 4) SS/DEC13-99-590*	REPORT/DISCUSSION
5 mins.	10. Tucson City Golf Business Plan (City- Wide) SS/DEC13-99-595*	REPORT/DISCUSSION
15 mins.	11. Impact Fees – Ordinances from Glendale and Apache Junction (City-Wide) SS/DEC13-99-603	REPORT/ RECOMMENDATION
15 mins.	12. Comments to EPA on Proposed Rule for Radon in Drinking Water (City-Wide and Outside the City) SS/DEC13-99-599	REPORT/ RECOMMENDATION
15 mins.	13. Contingency Fund Update (City-Wide) SS/DEC13-99-592	REPORT/DISCUSSION
5 mins.	14. Request for Funds – Thunder in the Desert (City-Wide) SS/DEC13-99-596	REPORT/ RECOMMENDATION
10 mins.	15. Request to Exceed Fee Waiver Cap– Sonora Cohousing (Ward 3) SS/DEC13-99-604	REPORT/ RECOMMENDATION
5 mins.	16. Request for Contingency Funds – Garden Group (Ward 5) SS/DEC13-99-600	REPORT/DISCUSSION

FOR INFORMATION ONLY
*ALSO ON REGULAR AGENDA

17. Administrative Action Report and Summary – SS/DEC13-99-593

10 mins.	18. Discussion of Downtown Saturday Night (Wards 1 and 6) SS/DEC13-99-605	REPORT/ RECOMMENDATION
30 mins.	19. Executive Session – Pima County Effluent and Managed Recharge Project Litigation (City- Wide) SS/DEC13-99-606	DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEYS FOR THE CITY OF TUCSON PURSUAN 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)
5 mins.	20. Mayor and Council Direction Regarding Executive Session – Pima County Effluent and Managed Recharge Project Litigation (City- Wide) SS/DEC13-99-607	REPORT/ RECOMMENDATION
10 mins.	21. Alternate Mayor and Council Meeting Dates for 2000 (City-Wide) SS/DEC13-99-608	REPORT/ RECOMMENDATION

MAYOR AND COUNCIL REGULAR AGENDA
MONDAY, DECEMBER 13, 1999
7:30 P.M.
MAYOR AND COUNCIL CHAMBERS
CITY HALL - 255 W. ALAMEDA
TUCSON, ARIZONA

[CONSENT AGENDA ITEM NOS. 3-N(20), 3-O, 3-P, and 3-Q HAVE BEEN ADDED]
1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION – Pastor Rick Leis, Desert Chapel

PLEDGE OF ALLEGIANCE – Led by Brownie Troop #600

PRESENTATION(S)

(a) Presentation of AIDSWALK '99 Awards

(b) Presentation of the "Outstanding Projects in Ground Water Remediation Award for 1999" received from the National Ground Water Association

3. CONSENT AGENDA - ITEMS A THROUGH N

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. AGREEMENT: WITH DAVIS MONTHAN AIR FORCE BASE TO PURCHASE RECLAIMED WATER FOR THE BLANCHARD GOLF COURSE (CONTINUED FROM THE MEETING OF JUNE 28, 1999)

(a) Report from City Manager DEC13-99-656 WIV

(b) Resolution No. 18331 relating to a reclaimed water agreement; authorizing and approving the execution of an agreement with the United States Air Force for the purchase of reclaimed water for the Blanchard Golf Course, Davis-Monthan Air Force Base.

The City Manager recommends that the Mayor and Council:

1. Adopt the attached resolution authorizing the reclaimed water service agreement with Davis Monthan, thereby fulfilling prior commitments from the City to the Air Base and recognizing the significant economic benefit of the Air Base to the community.

2. Direct staff to budget in future fiscal years for a General Fund transfer to the Water Utility of an amount necessary to ensure the Water Fund receives the standard rate for all reclaimed water provided to the DM golf course. Also, direct that the actual transfers to the Water Utility be made on a quarterly basis, reflecting the amount of reclaimed water used at the DM golf course each quarter.

3. Concerning DM's use of reclaimed water during the remainder of this fiscal year, authorize the City Manager's Office to reallocate funding to provide for a General Fund transfer to the Water Fund as needed to address DM reclaimed usage through June 30, 2000.

5. IMPROVEMENT DISTRICT: ADJUSTMENT TO THE BOUNDARIES OF THE DOWNTOWN TUCSON ENHANCED MUNICIPAL SERVICES IMPROVEMENT DISTRICT

(a) Report from City Manager DEC13-99-662 WVI

(b) Resolution No. 18455 relating to the Downtown Enhanced Municipal Services Improvement District; declaring certain territory to be no longer benefited by inclusion within the District; amending the District boundaries to exclude such areas; and forming a new District out of the balance of the original district pursuant to A.R.S. § 48-575(J).

6. FINAL PLAT: (S99-025) ENTRADA REAL NORTE, LOT 1 (A RESIDENTIAL CLUSTER PROJECT) (CONTINUED FROM THE MEETING OF DECEMBER 6, 1999)

(a) Report from City Manager DEC13-99-665 WIII

(b) 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.

7. WATER: ADOPTION OF THE "1999 RECLAIMED WATER MASTER PLAN"

(a) Report from City Manager DEC13-99-666 CITY-WIDE/OUTSIDE CITY

(b) Resolution No. 18458 relating to water resources master planning; adopting the "1999 Reclaimed Water Master Plan" as the Long-Term Reclaimed Water Master Planning document of the City of Tucson.

8. PUBLIC HEARING: TUCSON CODE (CHAPTER 21) RELATING TO THE TUCSON CITY GOLF BUSINESS PLAN RECOMMENDED RATE STRUCTURE

(a) Report from City Manager DEC13-99-661 CITY-WIDE

(b) Hearing

(c) Ordinance No. 9334 relating to parks & recreation; amending Article II, City Municipal Golf Courses of the Tucson Code and providing for effective dates.

The City Manager recommends that following the presentation and public hearing Mayor and Council:

¨ Approve the Tucson City Golf Business Plan and direct staff to proceed with implementation of the plan.

¨ Approve the Business Plan recommended rate structure and adopt Ordinance No. 9334 implementing the new rates effective January 1, 2000.

¨ Direct staff to provide a Business Plan status report in January 2001.

9. PUBLIC HEARING: TUCSON CODE (CHAPTER 23) LAND USE CODE RELATING TO CULTURAL USES IN RESIDENTIAL AND OFFICE ZONES

(a) Report from City Manager DEC13-99-668 CITY-WIDE

(b) Hearing

(c) Ordinance No. 9336 relating to zoning: Amending Chapter 23 of the Land Use Code, Article II, Zones: Division 2, Rural Residential Zones; Division 3, Urban Residential Zones; Division 4 Office Zones; Article III, Development Regulations: Section 3.5.3, Civic Use Group; Section 3.5.4 Commercial Services Use Group; and setting an effective date.

The City Manager recommends that the Mayor and Council adopt the ordinance presented.

10. PUBLIC HEARING: FEDERAL TRANSIT ADMINISTRATION SECTION 5307 CAPITAL GRANT APPLICATION FOR FISCAL YEAR 1999-2000

(a) Report from City Manager DEC13-99-669 CITY-WIDE

(b) Hearing

(c) Resolution No. 18459 relating to transportation; authorizing and approving the submission of six transportation enhancement proposals to the Federal Transit Administration for Capital Assistance Grant Contracts under 49 U.S.C. §5307.

The City Manager recommends that Mayor and Council authorize the submission of this grant application by adopting the resolution presented.

11. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager DEC13-99-657 CITY-WIDE

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

The next scheduled meeting of the Mayor and Council will be held on Monday, January 3, 2000, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.

MAYOR AND COUNCIL CONSENT AGENDA
MONDAY, DECEMBER 13, 1999
7:30 P.M.
MAYOR AND COUNCIL CHAMBERS
CITY HALL, 255 W. ALAMEDA
TUCSON, ARIZONA

[CONSENT AGENDA ITEM NOS. 3-N(20), 3-O, 3-P, and 3-Q HAVE BEEN ADDED]
A. SURPLUS PROPERTY: DONATION OF TWO COMPUTERS TO THE TUCSON HISPANIC CHAMBER OF COMMERCE

(1) Report from City Manager DEC13-99-650 CITY-WIDE

B. SURPLUS PROPERTY: APPROVAL FOR CONTINUANCE OF BICYCLE DONATION PROGRAM TO CHILDREN IN THE COMMUNITY

(1) Report from City Manager DEC13-99-651 CITY-WIDE

C. ASSURANCE AGREEMENT: RANCHO ELEGANTE AT RITA RANCH, LOTS 1 THROUGH 219, (S99-023)

(1) Report from City Manager DEC13-99-652 WIV

(2) Resolution No. 18451 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 Elegante at Rita Ranch Subdivision, lots 1 to 219.

D. FINANCE: WRITE-OFF OF UNCOLLECTED ACCOUNTS RECEIVABLE

(1) Report from City Manager DEC13-99-653 CITY-WIDE

(2) Resolution No. 18452 relating to finance; authorizing the write-off of certain uncollectible items.

E. INTERGOVERNMENTAL AGREEMENT: WITH ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR CONTINUATION OF THE VEHICLE THEFT REDUCTION TASK FORCE

(1) Report from City Manager DEC13-99-654 CITY-WIDE

(2) Resolution No. 18453 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with the Arizona Department of Public Safety for continuation of the Vehicle Theft Reduction Task Force.

F. FINAL PLAT: (S99-023) RANCHO ELEGANTE AT RITA RANCH, LOTS 1 THROUGH 219 (A RESIDENTIAL CLUSTER PROJECT)

(1) Report from City Manager DEC13-99-655 WIV

(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.

G. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY SUPERIOR COURT AND PIMA COUNTY JUSTICE COURT FOR THE PROVISION OF INITIAL APPEARANCES AND ARRAIGNMENTS

(1) Report from City Manager DEC13-99-658 CITY-WIDE

(2) Resolution No. 18454 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with Pima County Superior Court and Pima County Justice Court for the provision of initial appearances and arraignments.

H. REAL PROPERTY: VACATION AND CONVEYANCE OF OLIVIA STREET AND AVENIDA LUMINOSA RIGHTS-OF-WAY

(1) Report from City Manager DEC13-99-659 WV

(2) Ordinance No. 9331 relating to real property; vacating and declaring certain City property to be surplus property, and authorizing the conveyance thereof to the original grantor.

I. ANNEXATION: TANQUE VERDE TRAILS ANNEXATION DISTRICT

(1) Report from City Manager DEC13-99-649 WII

(2) Ordinance No. 9326 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 35 and 36, T.13S., R.15E., and Sections 1 and 2, T.14S., R.15E., G.&S.R.B.&M., Pima County, Arizona, more particularly described in the body of this ordinance.

J. REAL PROPERTY: OPTION AGREEMENT WITH UNION PACIFIC RAILROAD FOR THE ACQUISITION OF PROPERTY AT 511 W. SIMPSON STREET FOR THE SOUTH YARD DRILL TRACK PROJECT

(1) Report from City Manager DEC13-99-663 WVI

(2) Resolution No. 18456 relating to real property; authorizing the execution of an option agreement with Union Pacific Railroad for the acquisition of real property at 511 W. Simpson Street, Tucson, AZ.

K. APPROVAL OF MINUTES: April 12, 1999
L. FINANCIAL PARTICIPATION AGREEMENT AMENDMENT: WITH THE TUCSON METROPOLITAN MINISTRIES FAMILY SERVICES, INC. FOR THE MIDTOWN GREEN RETROFIT PROGRAM

(1) Report from City Manager DEC13-99-664 WVI

(2) Resolution No. 18457 relating to outside agency activities; authorizing and approving execution of Amendment No. Two to the financial participation agreement between the City of Tucson and TMM Family Services, Inc.

M. TELECOMMUNICATIONS: AMENDMENT TO A NON-EXCLUSIVE RIGHT-OF-WAY LICENSE WITH LEVEL 3 COMMUNICATIONS, LLC, A DELAWARE CORPORATION

(1) Report from City Manager DEC13-99-667 CITY-WIDE

(2) Ordinance No. 9335 relating to interstate telecommunications, authorizing the amendment to the non-exclusive right-of-way license pursuant to Tucson Code §7B-36 to Level 3 Communications, LLC, a Delaware Corporation.

N. 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 DEC13-99-660

(2) MARGARITA BAY, Applicant: Patricia M. Olstad, 7415 E. 22^nd St., TEMPORARY EXTENSION OF PREMISES, City No. EP57-99, WII

(3) RIALTO FOUNDATION, Applicant: Jeb Bley Schoonover, 318 E. Congress St., SPECIAL EVENT, City No. T124-99, WVI

(4) THE ALPS, Applicant: Richard Ussak, 6167 E. Tanque Verde Rd., NEW LICENSE, Series 12, City No. 123-99, WII

(5) BASHAS 86, Applicant: Michael J. Basha, 100 S. Houghton Rd., PERSON/LOCATION TRANSFERS, Series 9, City No. 125-99, WII

(6) SOUTH SIDE FOOD MART, Applicant: Alan Novack, 1051 S. Craycroft Rd., PERSON/LOCATION TRANSFERS, Series 9, City No. 126-99, WIV

(7) VALENTINA'S, Applicant: Cherie S. Hurst, 3455 E. Grant Rd., PERSON TRANSFER, Series 6, City No. 127-99, WIII

(8) BOB'S, Applicant: Robert B. McMahon, 6350 E. Tanque Verde Rd., PERSON/LOCATION TRANSFERS, Series 6, City No. 128-99, WII

(9) MC MAHONS STEAKHOUSE, Applicant: Robert B. McMahon, 2959 N. Swan Rd., NEW LICENSE, Series 12, City No. 129-99, WII

(10) 7-ELEVEN #21811B, Applicant: Raj Agarwal, 380 W. Grant Rd., NEW LICENSE, Series 10, City No. 131-99, WIII

(11) OUR LIQUORS, Applicant: Alfred V. Azcui, 1116 W. St. Mary's Rd., PERSON TRANSFER, Series 9, City No. 132-99, WI

(12) L & R FOODS, Applicant: Luis E. Lopez, 1866 S. Country Club Rd., NEW LICENSE, Series 10, City No. 133-99, WV

(13) CHECKS CASHED, Applicant: Ralph C. Duran, 4902 S. 12^th Ave., PERSON TRANSFER, Series 9, City No. 134-99, WI
PROTEST(S) RECEIVED

(14) DOUBLE ZERO, Applicant: Claire C. Harnsberger, 121 E. Congress St., PERSON TRANSFER, Series 6, City No. 135-99, WVI

(15) FAMOUS SAM'S, Applicant: Salvatore Palazzolo, 4801 E. 29^th St., PERSON TRANSFER, Series 6, City No. 136-99, WV

(16) ROYAL MANDARIN BUFFET, Applicant: Samuel M. Yee, 3867 N. Oracle Rd., NEW LICENSE, Series 12, City No. 137-99, WIII

(17) WINDSOR LIQUORS, Applicant: Katrina A. Dominquez-Garcia, 4000 E. 29^th St., PERSON TRANSFER, Series 9, City No. 122-99, WV
RECOMMENDATION FOR DENIAL

(18) TEXACO STAR MART, Applicant: Bruce W. Holbrook, 1345 N. Stone Ave., NEW LICENSE, Series 10, City No. 124-99, WVI
RECOMMENDATION FOR DENIAL

(19) JERSEY JOE'S, Applicant: Joseph A. Asclese, 1628 E. 6^th St., PERSON/LOCATION TRANSFERS, Series 7, City No. 130-99, WVI
RECOMMENDATION FOR DENIAL

(20) SUSHI-HAMA JAPANESE RESTAURANT & SUSHI BAR, Applicant: Bo H. Kim, 3971 N. Oracle Rd., PERMANENT EXTENSION OF PREMISES, City No. EP58-99, WIII

O. REAL PROPERTY: ACQUISITION OF 160 ACRE PARCEL ADJACENT TO LOS REALES LANDFILL

(1) Report from City Manager DEC13-99-670 OUTSIDE CITY

(2) Resolution No. 18460 relating to real property; authorizing the City Manager to acquire by negotiation, and the City Attorney to condemn if necessary, certain real property.

P. FINAL PLAT: (S98-065) SIERRA TORTUGA, LOTS 1 THROUGH 14 AND UNDISTURBED NATURAL AREAS

(1) Report from City Manager DEC13-99-671 WI

(2) The City Manager recommends that, after approval of the assurance agreement, 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.

Q. ASSURANCE AGREEMENT: SIERRA TORTUGA, LOTS 1 THROUGH 14, S98-065

(1) Report from City Manager DEC13-99-672 WI

(2) Resolution No. 18461 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 Sierra Tortuga Subdivision, Lots 1 to 14.