Mayor and Council Agendas for

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Phil Thompson, Alive Christian Fellowship

PLEDGE OF ALLEGIANCE - led by representatives from the Bett Home School Support Group

PRESENTATIONS

(a) "Honorary Citizen" Certificates - presented to students and teachers participating in the German American Partnership Program with Amphitheater High School

3. CONSENT AGENDA - ITEMS A THROUGH I

FOR COMPLETE DESCRIPTION OF ITEMS

SEE THE 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. FINANCE: SALE OF GENERAL OBLIGATION BONDS (CONTINUED FROM THE MEETING OF APRIL 6, 1998)

(a) Report from City Manager APRIL13-98-200 CITY WIDE

5. CABLE: MASTER OPERATING AGREEMENT (MOA) WITH TUCSON COMMUNITY CABLE CORPORATION (ACCESS TUCSON)

(a) Report from City Manager APRIL13-98-191 CITY WIDE

(b) Resolution No. 17998 relating to the Tucson Community Cable Corporation; approving and authorizing the execution of a Master Operating Agreement between the City of Tucson and the Tucson Community Cable Corporation.

6. ZONING: (C9-97-11) DOWNTOWN DEVELOPMENT CORP. - 5TH AVENUE, R-3 TO C-2, C-3 AND P, CHANGE OF CONDITION

(a) Report from City Manager APRIL13-98-202 WVI

(b) Request to consider a change of condition of rezoning for the International Arts Center located on the east and west sides of 5th Avenue, north of 6th Street. Applicant: Roy Noggle on behalf of the property owners, Downtown Development Corp. The preliminary development plan is for a mix of residential, art studio, rehearsal, performance, art gallery, restaurant, and office uses within the former Lohse YMCA and adding a 40-space parking lot on the west side of 5th Avenue. The applicant is requesting that Mayor and Council approve a change to rezoning condition No. 5 to allow for the development of the 40-space parking lot on the west side of 5th Avenue to occur at a later date in phase II and not in phase I as originally indicated. The Planning Department recommends based on the improvements to the plan and the reduction of improvements in phase I, Planning staff supports the request to change rezoning condition No. 5 to allow construction of the 40-space parking lot on the west side of 5th Avenue to occur in phase II. The City Manager recommends the Mayor and Council approve the change to rezoning condition No. 5, subject to the attached revised conditions of rezoning.

1. A development plan, in substantial compliance with the preliminary development plan, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to:

a. No building expansion is allowed.

b. The parking must be provided substantially as shown on the revised concept plan. The parking and access design must be reviewed for impact on the surrounding residential uses.

2. The owner shall agree to an Irrevocable Offer to dedicate a 25-foot radius spandrel at the southeast corner of 5th Street and 5th Avenue.

3. The owner shall close all unused curb cuts; replace all damaged sidewalk; install new curb access ramps, as necessary; and provide a continuous sidewalk system.

4. The applicant/owner shall coordinate appropriate signage with the Traffic Engineering Division.

MODIFY

5. All parking areas, except for including the west parking lot, shall be completed in the first phase. The west lot shall be completed prior to the completion of phase II.

6. Outdoor/security light shall be shielded and directed away from adjacent residential uses.

7. Refuse dumpsters and loading spaces shall be located a minimum of 50 feet away from any residentially-zoned properties.

8. Any required or proposed masonry screen walls shall be constructed with graffiti-resistant materials and shall be maintained in a graffiti-free condition.

9. A drainage report addressing detention and threshold retention shall be submitted.

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

11. No loudspeakers or live music shall be allowed outside the building.

12. Traffic control devices acceptable to the City shall be placed on 5th Avenue to restrict access north into the residential neighborhood.

13. Any future change of the parking area to a sculpture garden or other use will require a new public hearing and approval of the Mayor and Council.

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

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

(c) Ordinance No. 9044 relating to zoning: Amending rezoning conditions for property in the vicinity of the East and West sides of 5th Avenue, north of 6th Street in rezoning case C9-97-11, DDC - 5th Avenue, R-3 to C-2, C-3 and P.

Thirteen (13) written approvals and two (2) written protests were originally received. Both protests are within the 150 foot notification area. These protests represent a 12.05 percent protest by area to the east and a zero (0) percent protest to the north, west and south.

A simple majority vote will be necessary to approve the change of rezoning condition No. 5.

7. ZONING: (C9-97-29) RODGERS INVESTMENTS - SIXTH STREET, R-2 TO NC (WEST UNIVERSITY HISTORIC PRESERVATION ZONE)

(a) Report from City Manager APRIL13-98-207 WVI

(b) Report from Zoning Examiner dated March 20, 1998

(c) Request to rezone approximately 0.21 acres located on the northeast corner of Second Avenue and Sixth Street in the West University Historic District. Applicant: Don Laidlaw & Associates on behalf of the property owners, Rodgers Investment Fund I Ltd. The preliminary development plan indicates an existing 2,850-square-foot retail building and 10-space parking lot, with no change proposed to the existing building. The Zoning Administrator has determined that the property is a legal nonconforming use. The property was originally developed around 1930 as a neighborhood drug store and attached residence. The Planning Department recommends approval of NC zoning, a waiver of the 2,000-square-foot floor area limit, and adoption of the subject ordinance, subject to the conditions. The Zoning Examiner recommends approval of NC zoning and the waiver of the 2,000-square-foot area limit, subject to the conditions. The City Manager recommends approval of NC zoning, a waiver of the 2,000-square-foot floor area limit, and adoption of the subject ordinance, subject to the following conditions.

1. A development plan, in substantial compliance with the preliminary development plan and the Design Compatibility Report, is to be submitted and approved, including, but not limited to:

a. No expansion of the existing buildings.

b. No changes to building form or exterior building materials except for removal of the "non-historic" shed in the parking lot without approval through the appropriate historic district review process.

c. No free-standing signs.

2. The owner/developer shall dedicate right-of-way for Sixth Street per the Major Streets and Routes Plan.

3. The owner/developer shall repair or install curb and sidewalk along the street frontages of the project, including closure of any unused curb cuts and the installation of handicap access ramps as necessary.

4. Landscaping shall be provided pursuant to recommendations from the West University Historic District Advisory Board, subject to approval by the City Engineer.

5. Any new masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials.

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

7. Five years are allowed in which to comply with the conditions of rezoning.

(d) Ordinance No. 9045 relating to zoning; amending zoning district boundaries in the vicinity of the northeast corner of Sixth Street and Second Avenue in Case C9-97-29 Rodgers - Sixth Street, R-2 to NC.

Zero (0) written approvals and zero (0) written protests have been received.

A simple majority vote will be necessary to adopt the subject ordinance rezoning the subject property, should the Mayor and Council choose to do so.

8. PUBLIC HEARING: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 1998-1999

(a) Report from City Manager APRIL13-98-206 CITY WIDE

(b) Hearing

9. PUBLIC HEARING: TUCSON CODE (CHAPTER 27) RELATING TO AN INCREASE IN CERTAIN WATER RATE COMPONENTS AND FEES

(a) Report from City Manager APRIL13-98-203 CITY WIDE/OUTSIDE CITY

(b) Hearing

(c) Ordinance No. 9043 relating to water; amending the Tucson Code, Chapter 27, Section 27-16, interfering with, tampering with water facilities; removing water; violation declared a civil infraction, Subsections 27-16.2(1) and (2); amending Section 27-35, charges for installation of water service connections; amending Section 27-37, agreements for construction of water facilities authorized, by adding a new Subsection (4); amending Section 27-50, discontinuing service for nonpayment, Subsection (D); amending the Tucson Code, Chapter 27, by adding a new Section 27-54, returned checks; and amending Section 27-86, fees, relating to potential increases in, or additions to, various water service installation and miscellaneous fees.

10. PUBLIC HEARING: RINCON SOUTHEAST SUBREGIONAL PLAN AMENDMENT TO IDENTIFY THAT PORTION OF THE AMENDMENT SITE SOUTHEAST OF JULIAN WASH FOR MULTIFUNCTIONAL CORRIDOR USES

(a) Report from City Manager APRIL13-98-204 CITY WIDE

(b) Hearing . To hear and consider an amendment to Map Detail #9 Wilmot - I-10 of the Rincon Southeast Subregional Plan. The amendment proposes identifying an 80 acre parcel between Interstate-10 and the Union Pacific Railroad, west of Kolb Road, as Multifunctional Corridor. The intended use is a manufactured home community. The Plan currently recommends Urban Industrial.

(c) Resolution No. 17999 relating to planning and zoning; amending the Rincon Southeast Subregional Plan.

11. PUBLIC HEARING: AMENDING THE SUBREGIONAL PLANS (CATALINA FOOTHILLS, RINCON/SOUTHEAST, AND TUCSON MOUNTAINS PLANS) RELATING TO CLARIFICATION OF ZONING DISTRICTS ALLOWED UNDER THE RESOURCE CONSERVATION (RC) PLAN CATEGORY

(a) Report from City Manager APRIL13-98-205 WI, WII, WIII, WIV, WV

(b) Hearing

(c) Resolution No. 18000 relating to planning and zoning; amending the subregional plans (Catalina Foothills, Rincon/Southeast, and Tucson Mountains) relating to clarification of the zoning districts allowed under the Resource Conservation (RC) Plan category.

12. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager APRIL13-98-199 CITY WIDE

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

14. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, April 20, 1998, at 2:00 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

A. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FOR REVISING COUNTY-CITY STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS AND CREATING CERTIFICATION ACCEPTANCE MANUAL FOR PUBLIC IMPROVEMENTS

(1) Report from City Manager APRIL13-98-193 CITY WIDE

(2) Resolution No. 17994 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with Pima County for revising County-City Standard Specifications for public improvements and creating County-City Certification Acceptance Manual for public improvements.

B. FINANCE: CONTINGENCY FUND TRANSFER FOR PARKING FEE WAIVERS AT TUCSON CONVENTION CENTER FOR THE FULL COURT PRESS’ SECOND ANNUAL BATTLE OF THE DJ’S COMPETITION

(1) Report from City Manager APRIL13-98-194 CITY WIDE

(2) Resolution No. 17996 relating to finance; approving and authorizing the transfer of one-thousand four hundred sixty ($1,460.00) dollars from the contingency fund to Organization 001-183-1838-264, for Tucson Convention Center parking fee waivers for the Full Court Press' Second Annual Battle of the DJ’s Competition.

C. REAL PROPERTY: ACQUISITION OF EASEMENT NEEDED FOR THE BROADWAY BOULEVARD AND CRAYCROFT ROAD INTERSECTION IMPROVEMENT

(1) Report from City Manager APRIL13-98-195 WIV & WVI

(2) Resolution No. 17993 relating to real property; authorizing the City Manager to acquire by negotiation, and the City Attorney to condemn if necessary, certain easements in, over, under, and across real property.

D. TUCSON CODE: AMENDING (CHAPTER 11) RELATING TO CRIMES AND OFFENSES BY AMENDING THE NOISE REDUCTION ORDINANCE

(1) Report from City Manager APRIL13-98-196 CITY WIDE

(2) Ordinance No. 9041 relating to civil infractions and nuisances; amending Article VIII of Chapter 11 of the Tucson Code; amending Section 11-140 to clarify what constitutes an unruly gathering; amending Section 11-141 to provide hearings for posted premises; amending Section 11-143 to clarify responsible parties; amending Section 11-144 to clarify penalties.

E. INTERGOVERNMENTAL AGREEMENT AMENDMENT: WITH PIMA COUNTY SUPERIOR COURT FOR THE PROVISION OF CITY COURT ADMINISTRATION

(1) Report from City Manager APRIL13-98-197 CITY WIDE

(2) Resolution No. 17995 relating to the Tucson City Court; ratifying the continued intergovernmental agreement between the City of Tucson and the Pima County Superior Court for the provision of City Court Administration and amending same.

F. TUCSON CODE: AMENDING (CHAPTER 8) RELATING TO CITY COURT; ALLOWING THE PRESIDING MAGISTRATE TO APPOINT AN ASSOCIATE PRESIDING MAGISTRATE TO ASSIST IN PERFORMING ADMINISTRATIVE DUTIES

(1) Report from City Manager APRIL13-98-198 CITY WIDE

(2) Ordinance No. 9042 relating to city court; amending Tucson Code, Chapter 8, City Court, by adding a new Section 8-4.1 authorizing the presiding Magistrate of the Tucson City Court to assign a City Magistrate to serve as Associate Presiding City Magistrate, specifying that such assignment is at will, without a fixed term, and without right of appeal, fixing compensation.

G. APPROVAL OF MINUTES: January 26, 1998

H. INTERGOVERNMENTAL AGREEMENT: WITH TUCSON UNIFIED SCHOOL DISTRICT FOR THE PUEBLO GARDENS OUTDOOR LEARNING ENVIRONMENT PROJECT

(1) Report from City Manager APRIL13-98-201 WV

(2) Resolution No. 17997 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with the Tucson Unified School District for the Pueblo Gardens Outdoor Learning Environment Project.

I. 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 APRIL13-98-192

(2) SINBAD’S, Applicant: Hana K. Alassadi, 810 E. University Blvd., NEW LICENSE, Series 12, City No. 023-98, WVI

(3) 7-ELEVEN 21814B, Applicant: Aubrey M. Keeler, 885 E. 22nd St., NEW LICENSE, Series 10, City No. 026-98, WV

(4) VARSITY CLUB OF AMERICA SUITES HOTEL, Applicant: Edward S. Zielinski, 3855 E. Speedway Blvd., NEW LICENSE, Series 11, City No. 029-98, WVI

(5) PIMA AIR & SPACE MUSEUM, Applicant: Jennifer M. Grant, 6000 E. Valencia Rd., SPECIAL EVENT, City No. T039-98, WV

(6) TUCSON METROPOLITAN CHAMBER OF COMMERCE, Applicant: John C. Camper, 3601 E. Broadway Blvd., SPECIAL EVENT, City No. T040-98, WVI

(7) KNIGHTS OF COLUMBUS; ST. PIUS X COUNCIL #10762, Applicant: Robert J. Palomino, 1800 N. Camino Pio Decimo, SPECIAL EVENT, City No. T041-98, WII

(8) CONGRESS TAP ROOM, Applicant: Richard S. Oseran, 311 E. Congress St., TEMPORARY EXTENSION OF PREMISES, City No. EP10-98, WVI

(9) THIRSTY’S NEIGHBORHOOD GRILL & BAR, Applicant: John F. Kenney, 2422 N. Pantano Rd., TEMPORARY EXTENSION OF PREMISES, City No. EP08-98, WII

(10) CHUY’S BAJA BROILER, Applicant: J. Brian Latta, 7101 E. 22nd St., TEMPORARY EXTENSION OF PREMISES, City No. EP09-98, WII

(11) SAINT DEMETRIOS GREEK ORTHODOX CHURCH, INC., Applicant: Peter A. Matiatos, 1145 E. Ft. Lowell Rd., SPECIAL EVENT, City No. T043-98, WIII

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