Mayor and Council Agendas for

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Reverend Theresa Cowan Jones, Campus Christian Center

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

PRESENTATIONS

(a) Presentation of "Professional Honor Award" to Peg Weber, Recreation/Human Services Administrator, from the National Recreation and Park Association’s Pacific Southwest Regional Council

(b) Presentation of "Program Excellence Award" to City of Tucson Parks and Recreation Department from the National Recreation and Park Association’s Pacific Southwest Regional Council for hosting the 1997 U. S. National Senior Sports Classic VI

(c) Proclamation - Proclaiming May 17-23, 1998 to be "Public Works Week"

3. CONSENT AGENDA - ITEMS A THROUGH P

FOR A 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. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FLOOD CONTROL DISTRICT FOR EROSION PROTECTION IMPROVEMENTS ON TANQUE VERDE CREEK NEAR WOODLAND ROAD

(a) Report from City Manager MAY18-98-266 WII

(b) Resolution No. 18026 relating to water; approving an intergovernmental agreement between the City of Tucson and the Pima County Flood Control District for participation in erosion protection improvements on Tanque Verde Creek.

5. ZONING: (C9-98-04) CLIMATEC, INC. - CHERRY AVENUE, R-2 TO P-I

(a) Report from City Manager MAY18-98-269 WV

(b) Report from Zoning Examiner dated May 1, 1998

(c) Request to rezone approximately 1.53 acres on the west side of Cherry Avenue between 15th Street and 16th Street. Applicant: Planning Resources, on behalf of the property owner, Climatec, Inc. The preliminary development plan is for two buildings with a total square footage of 16,500 to house an air conditioning company (office, fabrication, and storage). The Planning Department recommends approval of P-I zoning, subject to the conditions, and adoption of the subject ordinance. The Zoning Examiner recommends approval of P-I zoning, subject to the conditions. The City Manager recommends approval of P-I zoning, subject to the following conditions and adoption of the subject ordinance.

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

a. A decorative masonry wall to be constructed as the required screen along 15th Street and 16th Street.

b. A "no left turn" sign on the 15th Street exit.

c. A "no right turn" sign on the 16th Street exit.

d. No barbed wire, concertina wire, razor wire or other type of security wire shall be located adjacent to the north, south or east property lines.

2. A drainage report shall be submitted and approved, including details of retention/detention.

3. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls visible from the public right-of-way 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. In addition, any continuous wall greater than 75 feet in length and 3 feet in height shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

4. Two or more textures or materials shall be used for the exterior of the buildings.

5. Lighting shall be shielded and directed downward.

6. "Safe by Design" concepts shall be incorporated in the development plan for review by the Tucson Police Department.

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

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

(d) Ordinance No. 9057 relating to zoning: Amending zoning district boundaries in the vicinity of the west side of Cherry Avenue between 15th Street and 16th Street in rezoning case C9-98-04 Climatec, Inc. - Cherry Avenue, R-2 to P-I.

Three (3) written approvals and one (1) written protest have been received. The protest is not located within the 150-foot notification area. The one protest indicates that the neighborhood does not have time to deal with a rezoning at this date. This results in a zero (0) percent protest by area to the north, south, west and east.

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

6. PUBLIC HEARING: COMPREHENSIVE GRANT PROGRAM FOR THE REHABILITATION OF PUBLIC HOUSING

(a) Report from City Manager MAY18-98-270 CITY WIDE

(b) Hearing

(c) Resolution No. 18029 relating to community services; approving and authorizing submission to the United States Department of Housing and Urban Development the attached Local Government Statement, Annual Statement/Performance and Evaluation Report for Fiscal Year 1998, PHA/IHA Board Resolution approving Comprehensive Plan or Annual Statement, five-year action plan and such other submissions as shall be necessary to qualify the City of Tucson for funding for the rehabilitation of public housing under the National Comprehensive Grant Program.

7. PUBLIC HEARING: PROPOSED NEASHAM ANNEXATION DISTRICT

(a) Report from City Manager MAY18-98-271 WIII

(b) Hearing

8. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager MAY18-98-256 CITY WIDE

ADDENDUM #1

REGULAR AGENDA ITEM NO. 9 HAS BEEN ADDED:

9. ZONING: (C9-97-23) ROBB - KENT DRIVE, RX-1 TO R-1 (CONTINUED FROM THE MEETING OF MAY 11, 1998)

(a) Report from City Manager MAY18-98-274 WII

(b) Report from Zoning Examiner dated January 30, 1998.

(c) This item was continued from the May 11, 1998, Mayor and Council Meeting. The Zoning Examiner’s recommendation was appealed by the Carriage Hills Neighborhood Association, a party of record, on January 29, 1998, in accordance with Section 5.4.5.14 of the Land Use Code (LUC). The LUC requires that an appeal of the Examiner’s recommendation be heard at a public hearing before the Mayor and Council. The public hearing was held on March 23, 1998, and, at the end of the public hearing, closed by a vote of 7 to 0. After the close of the public hearing, Mayor and Council voted 5 to 2 (Council Members Anderson and Ibarra voted Nay) to continue the case to a future date in order to allow the applicant additional time to meet with the neighborhood. The case was discussed by Mayor and Council on the regular agenda of May 11, 1998, and continued to the regular agenda of May 18, 1998, by a vote of 6 to 1 (Council Member Anderson voting nay).

The applicant is Rick Engineering Company on behalf of the property owner, the Jane Robb Trust. The request is to rezone approximately 11.93 acres from RX-1 to R-1 zoning. The property is located approximately 575 feet south of Speedway Boulevard and 1950 feet east of Pantano Road (west side of Robb Wash) with an extension north to Speedway on the Kent Drive alignment. The preliminary development plan is for 45 one-story, single-family residences on 11.93 acres utilizing the Residential Cluster Project (RCP) option of the Land Use Code for a density of 3.77 units per acre. The Planning Department recommends approval of R-1 zoning, subject to the conditions and a provision for vehicular access to the existing Kent Drive to the south. The Zoning Examiner recommends approval of R-1 zoning, subject to the conditions including no vehicular access to the existing Kent Drive to the south. The City Manager recommends approval of R-1 zoning, subject to the following conditions.

1. A subdivision plat, in substantial compliance with the preliminary development plan dated October 27, 1997, and the Design Compatibility Report, is to be submitted for approval in accordance with Section 5.3.8 of the LUC, including, but not limited to:

a. No vehicular access to the existing Kent Drive to the south.

b. Natural vegetation (other than Desert Broom) shall be preserved along the proposed trail adjacent to Robb Wash.

c. All buildings shall be limited to one-story and a maximum of 16 feet.

d. All structures, including walls and houses, shall be constructed of building materials of a natural color or painted a color which will blend with the native vegetation.

2. There shall be a sidewalk meeting Americans with Disabilities Act (ADA) requirements on the east side of Kent Drive in addition to the one on the west side of the street.

3. A drainage report shall be submitted and approved, including details of retention/detention.

4. Due to the proximity of Robb Wash (an unstabilized channel) to Kent Drive (a public street), the applicant shall install necessary erosion protection and/or establish an appropriate erosion hazard setback as determined by the approved drainage report.

5. All required or proposed masonry screen walls shall be graffiti-resistant. Those visible from a public street 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 and, if continuous for more than 75 feet in length and 3 feet in height, shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

6. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department with particular attention to the trail adjacent to Robb Wash.

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

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

Eight (8) written approvals and one-hundred thirty-two (132) written protests have been received. Seventy (70) protests are within the 300 foot notification area and twenty (20) of those protests are located within 150 feet of the rezoning site. The protests generally refer to increased traffic, density, crime and loss of open space. These protests represent a 5.86 percent protest by area to the north, a 78.89 percent protest to the south, a 3.85 percent protest by area to the east, and a 34.51 percent protest by area to the west.

A 3/4 majority vote of the Mayor and Council will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

ADDENDUM #2

REGULAR AGENDA ITEM NO. 10 HAS BEEN ADDED:

10. TUCSON CODE: AMENDING (CHAPTER 20) SOLICITING EMPLOYMENT, BUSINESS OR CONTRIBUTIONS FROM OCCUPANTS OF VEHICLES BY PERSONS LOCATED ON MEDIANS, SIDEWALKS AND ROADWAYS

(a) Report from City Manager MAY18-98-275 CITY WIDE

(b) Ordinance No. 9058 relating to motor vehicles and traffic; adding Tucson Code Chapter 20 Article X, Soliciting employment, business or contributions from occupants of vehicles.

*11. CALL TO THE AUDIENCE, for persons desiring to speak.

*12. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, June 1, 1998 at 2:00 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

* Renumbered due to the added items.

MAYOR AND COUNCIL CONSENT AGENDA
MONDAY, MAY 18, 1998
2:00 P.M.
MAYOR AND COUNCIL CHAMBERS
CITY HALL
255 W. ALAMEDA
TUCSON, ARIZONA

A. AGREEMENT: WITH U. S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION, FOR JOINT STATE AND LOCAL DRUG ENFORCEMENT TASK FORCE

(1) Report from City Manager MAY18-98-257 CITY WIDE

(2) Resolution No. 18023 relating to law enforcement; approving and authorizing execution of a joint state and local task force agreement between the City of Tucson and the U. S. Department of Justice, Drug Enforcement Administration.

B. ASSURANCE AGREEMENT: MINORKA SUBDIVISION, LOTS 1-10 (S98-002)

(1) Report from City Manager MAY18-98-258 WI

(2) Resolution No. 18021 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 Minorka Subdivision, Lots 1-10.

C. REAL PROPERTY: ACQUISITION OF RIGHT-OF-WAY FOR THE WIDENING AND OVERLAY OF BROADWAY BOULEVARD FROM CAMINO SECO TO HOUGHTON ROAD

(1) Report from City Manager MAY18-98-259 WII

(2) Resolution No. 18022 relating to real property; authorizing the City Manager to acquire by negotiation, and the City Attorney to condemn if necessary, certain real property.

D. PUBLIC IMPROVEMENT: RICHLAND HEIGHTS EAST DISTRICT TRAFFIC IMPROVEMENT

(1) Report from City Manager MAY18-98-260 WIII

(2) Resolution No. 18009. Resolution of the Mayor and Council of the City of Tucson appropriating funds to cover costs and incidental expenses of the "Richland Heights East District Traffic Improvement", approving payment and performance bonds and declaring an emergency.

(3) Superintendent of Streets Recommends Acceptance of Contractor’s Bonds by Mayor and Council.

E. AGREEMENT: WITH ARIZONA DEPARTMENT OF TRANSPORTATION, AVIATION DIVISION, TO CONSTRUCT AN AIRCRAFT RESCUE AND FIREFIGHTING TRAINING FACILITY AT THE PUBLIC SAFETY ACADEMY

(1) Report from City Manager MAY18-98-261 CITY WIDE

(2) Resolution No. 18024 relating to the fire department; approving and authorizing the execution of a development agreement between the City of Tucson and the Arizona Department of Transportation, Aviation Division to construct an Aircraft Rescue and Firefighting Training Facility (ARFF) at the Public Safety Academy.

F. PUBLIC IMPROVEMENT: SLEEPY HOLLOW AVENUE DISTRICT TRAFFIC MITIGATION IMPROVEMENT

(1) Report from City Manager MAY18-98-262 WII

(2) Report of Expiration of Protest Period. According to Arizona Revised Statutes when protests are received from property owners representing over 50% of the district frontage, the Improvement District process must stop. Because, this is a small project (three speed bumps) the property owners have decided to contract for the work privately.

(3) Resolution No. 18014 relating to public improvement districts; repealing Resolution of Intention No. 17978 relating to the "Sleepy Hollow District Traffic Mitigation Improvement."

G. REAL PROPERTY: CONVEYANCE OF SURPLUS PROPERTY LOCATED AT THE NORTHEAST CORNER OF MIRACLE MILE AND FLOWING WELLS ROAD TO FABE LITHO

(1) Report from City Manager MAY18-98-263 WIII

(2) Ordinance No. 9054 relating to real property; vacating and declaring certain City property to be surplus property, and authorizing the conveyance thereof to Fabe Litho.

H. INTERGOVERNMENTAL AGREEMENT: WITH FLOWING WELLS SCHOOL DISTRICT FOR INSTALLATION OF SCHOOL CROSSING FLASHING SIGN ON PRINCE ROAD AT IROQUOIS AVENUE AND ON FLOWING WELLS ROAD AT KING PLACE

(1) Report from City Manager MAY18-98-264 WI & WIII

(2) Resolution No. 18025 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with the Flowing Wells School District for installation of school crossing flashing signs on Prince Road at Iroquois and on Flowing Wells Road at King Place.

I. TUCSON CODE: IMPLEMENTING (CHAPTER 10) POSITION COMPENSATION PLAN - ADDING SALARY DESIGNATION FOR HELP DESK SPECIALIST

(1) Report from City Manager MAY18-98-265 CITY WIDE

(2) Ordinance No. 9055 relating to compensation plan; adding salary designation for Help Desk Specialist and implementing Tucson Code Section 10-31.

J. PROFESSIONAL SERVICES CONTRACT AMENDMENT: WITH KPMG PEAT MARWICK, CERTIFIED PUBLIC ACCOUNTANTS, TO PROVIDE AUDIT SERVICES FOR FISCAL YEAR 1997-98

(1) Report from City Manager MAY18-98-267 CITY WIDE

(2) Resolution No. 18027 relating to professional services; approving and authorizing an increase in the amount of the contract with KPMG Peat Marwick, Certified Public Accountants, to provide for additional audit services.

K. REAL PROPERTY: ACQUISITION OF PROPERTY LOCATED ON SUMMIT STREET, EAST OF THE OLD NOGALES HIGHWAY FOR CONSTRUCTION OF A POTABLE SUPPLY WATER WELL IN THE SANTA CRUZ WELLFIELD

(1) Report from City Manager MAY18-98-268 OUTSIDE CITY

(2) Resolution No. 18028 relating to real property; authorizing the City Manager to acquire by negotiation, and the City Attorney to condemn if necessary, certain real property.

L. TUCSON CODE: IMPLEMENTING (CHAPTER 25) CHANGING THE NAME OF LERDO ROAD TO UNIVERSAL WAY (C14-98-01)

(1) Report from City Manager MAY18-98-254 WV

(2) Ordinance No. 9056 relating to streets; changing the name of "Lerdo Road," located at Country Club/Valencia to "Universal Way."

M. INTERGOVERNMENTAL AGREEMENT AMENDMENT: WITH THE ARIZONA DEPARTMENT OF ECONOMIC SECURITY FOR REDUCED SOCIAL SERVICES BLOCK GRANT - TITLE XX FUNDS FOR FISCAL YEAR 1997-1998

(1) Report from City Manager MAY18-98-272 CITY WIDE

(2) Resolution No. 18030 relating to intergovernmental agreements; approving and authorizing execution of Amendment No. One to the intergovernmental agreement with the Arizona Department of Economic Security for reduced Social Services Block Grant Title XX funds for fiscal year 1997-98.

N. INTERGOVERNMENTAL AGREEMENT: WITH TUCSON UNIFIED SCHOOL DISTRICT FOR THE CATALINA HIGH SCHOOL FAMILY RESOURCE/HEALTH AND WELLNESS CENTER FACILITY/CONSTRUCTION PROJECT

(1) Report from City Manager MAY18-98-273 WVI

(2) Resolution No. 18031 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with the Tucson Unified School District for the Catalina High School Family Resource/Health and Wellness Center Facility/Construction Project.

O. APPROVAL OF MINUTES: October 27, 1997

P. 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 MAY18-98-255

(2) CITY OF TUCSON PARKS & RECREATION DEPARTMENT, Applicant: James M. Conroy, Fourth Avenue, SPECIAL EVENT, City No. T047-98, WVI

(3) EL DONANTE, INC., Applicant: James A. Garcia, 5358 S. Old Nogales Hwy., SPECIAL EVENT, City No. T049-98, WV

(4) OUR MOTHER OF SORROWS PARISH, Applicant: Thomas M. McGuire, 1800 S. Kolb Rd., SPECIAL EVENT, City No. T050-98, WIV

(5) AMPHI TEXACO, Applicant: Randy K. Williams, 3520 N. Oracle Rd., NEW LICENSE, Series 10, City No. 034-98, WIII

(6) OSCO DRUG, STORE NO. 5015, Applicant: Thomas F. Dieterle, 3601 E. Broadway, Suite 123, PERSON/LOCATION TRANSFERS, Series 9, City No. 037-98, WVI

(7) CITY GRILL, Applicant: Robert McMahon, 6350 E. Tanque Verde Rd., TEMPORARY EXTENSION OF PREMISES, City No. EP17-98, WII

CONSENT AGENDA ITEM NO. 3-Q HAS BEEN ADDED:

3-Q. FLAG RAISING AWARNESS PROJECT: URGING THE CITIZENS OF TUCSON TO SUPPORT THE AMERICAN LEGION DEPARTMENT OF ARIZONA DISTRICT #2 FLAG AWARENESS PROJECT

(1) Report from City Manager MAY18-98-276 CITY WIDE

(2) Resolution No. 18032 relating to the American Legion Flag Awareness Project; urging the Citizens of Tucson to support the American Legion Department of Arizona District #2 Flag Awareness Project.

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Source: City of Tucson 5/18/98