MAYOR AND COUNCIL PAST AGENDAS

NOTE: CONSENT AGENDA ITEM NO. 3-N(8) AND REGULAR AGENDA ITEM 12 HAVE BEEN AMENDED.

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Reverend Sharon Ragland, First United Methodist Church

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

PRESENTATIONS

(a) Certificate of Achievement - presented to City of Tucson for participating in the U. S. Environmental Protection Agency’s Green Lights Program

(b) Presentation of The Government Finance Officers Association’s Award to the City of Tucson for Distinguished Budget Presentation for the FY 1998-1999 Annual Budget

3. CONSENT AGENDA - ITEMS A THROUGH N

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: TENTATIVE ADOPTION OF THE 1999-2000 ANNUAL BUDGET

(a) Report from City Manager JUNE7-99-260 CITY-WIDE

(b) Resolution No. 18300 relating to finance; adopting a tentative budget for the 1999-2000 fiscal year and fixing times and places, confirming time and place of Truth in Taxation public hearing, to conduct a public hearing on said budget, to adopt the final budget in a special meeting, and to fix times and place to determine the primary and secondary tax levies for said fiscal year.

5. LABOR AGREEMENT: WITH THE TUCSON POLICE OFFICER’S ASSOCIATION

(a) Report from City Manager JUNE7-99-259 CITY-WIDE

(b) Resolution No. 18299 relating to employee relations; authorizing the City Manager to execute an agreement between the City of Tucson and the Tucson Police Officer’s Association.

6. ZONING: (C9-99-06) DESERT CHRISTIAN HIGH SCHOOL - SPEEDWAY BOULEVARD, RX-1 TO O-3, ZONING EXAMINER’S REPORT

(a) Report from City Manager JUNE7-99-256 WII

(b) Report from Zoning Examiner dated May 14, 1999

(c) Request to rezone approximately 6.04 acres from RX-1 to O-3 zoning for an educational use - private high school. Applicant: Mr. Martin Stickley of the Stickley Panno Group Southwest, on behalf of the applicant, Desert Christian High School, and the property owner, Centre Court Club Enterprises, Inc. The rezoning site is located on the northeast corner of Speedway Boulevard and Prudence Road, which is approximately 1,150 feet east of the Pantano River. The preliminary development plan is for the conversion of the Centre Court Tennis Club into the Desert Christian High School by enclosing the two existing roofed tennis buildings for a gymnasium and multi-purpose facility and installing modular classrooms for a gross floor area of 52,500 square feet. The Planning Department and Zoning Examiner recommend O-3 zoning, subject to certain conditions. The City Manager recommends approval of O-3 zoning, 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 for review and approval in accordance with Section 5.3.8 of the LUC, including, but not limited to:

a. The parking lot layout is to be redesigned to provide both a student drop-off area(s) and bicycle parking and storage area(s).

b. Any new lighting is to be low-pressure sodium, directed down and away from residential parcels and public roadways. Existing lighting may be maintained if allowed by the Lighting Code.

c. The parking lot layout is to be redesigned in a manner acceptable to the Traffic Engineer.

2. The owner/developer shall dedicate an additional twenty (20) feet along the Prudence Road (alignment) frontage of the rezoning site.

3. The owner/developer shall install additional pavement, curb, and sidewalk along the Prudence Road (alignment) frontage of the rezoning site.

4. A drainage report shall be submitted for review and approval, including details of retention/detention requirements and stormwater harvesting.

5. The owner/developer shall install any modifications to existing drainage structures or facilities as required to accommodate the required street improvements.

6. Archeological/cultural remains encountered during construction shall be mitigated in accordance with guidelines provided by the Arizona State Museum.

7. 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.) to provide a minimum planting area of sixteen (16) square feet and include trees or shrubs in the voids created by these variations.

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

9. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public. These shall include any modifications to the traffic signal at Speedway Boulevard and Prudence Road if it is installed prior to the construction by the owner/developer.

10. Issuance of a building permit for construction of the proposed development based on an approved development plan in compliance with all Code requirements and conditions of rezoning by June 7, 2004.

Fourteen (14) written approvals and fifteen (15) written protests have been received. None of the protests are located within the 150 foot notification area.

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

7. ZONING: (C9-99-07) AAA AUTO RENTAL - GRANT ROAD, R-2 TO C-2, ZONING EXAMINER’S REPORT

(a) Report from City Manager JUNE7-99-265 WVI

(b) Report from Zoning Examiner dated May 14, 1999

(c) Request to rezone approximately 0.5 acres from R-2 to C-2 zoning. Applicant: Mr. Stephen Spitzer of AAA Auto Rental, on behalf of the property owner, 3150 E. Grant LLC. The rezoning site is located approximately 140 feet south of Grant Road and approximately 385 feet east of Country Club Road. The preliminary development plan is for the expansion of an existing auto sales and rental business at 3150 E. Grant Road and the addition of a five (5) bay auto repair facility. All access will be from Grant Road through the existing facility. The Planning Department and Zoning Examiner recommend denial of C-2 zoning. The City Manager recommends denial of the request for C-2 zoning. Should the Mayor and Council choose to approve the request for C-2 zoning, it is recommended that the approval be 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 for review and approval in accordance with Section 5.3.8 of the LUC, including, but not limited to:

a. Dumpsters, loading zones and any noise producing outdoor activities to be located at least 50 feet from the property line of any residentially zoned parcel.

b. Building height limited to 25 feet. If the structure height exceeds twenty (20) feet, a variety of rooflines and plane lines shall be required. Three-dimensional cornice treatments, parapet wall details, overhanging eaves, or similar details shall be used to enhance the architectural character of the buildings.

c. Garage bay doors to be oriented toward commercially zoned property and not toward residentially zoned property. No other doors or windows shall be facing residentially zoned property.

d. No noise producing mechanical equipment (sprayers, compressors, air tanks, etc.) to be located outside of the enclosed building.

e. A six-foot high decorative masonry wall shall be provided adjacent to residentially zoned properties.

f. Canopy trees shall be planted a minimum twenty-five (25) foot on-center along the wall adjacent to residentially zoned properties.

g. All new buildings and walls shall utilize earthtone colors. Brighter colors may be used for accent only.

2. No access shall be permitted to Bray Road. The owner/developer shall dedicate a one (1) foot no vehicular access easement along the Bray Road frontage of the rezoning site.

3. A hydrology report shall be submitted for review and approval, maximizing stormwater harvesting in the landscaped areas.

4. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls 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.) to provide a minimum planting area of sixteen (16) square feet and include trees or shrubs in the voids created by these variations.

5. Any outdoor lighting shall be low pressure sodium, mounted no higher than ten (10) feet, shielded and directed down and away from residential parcels and public roadways.

6. The use of outdoor speakers and/or intercom systems shall be prohibited.

7. An on-the-ground survey by a qualified archeologist shall be performed before any ground modification, and if any remains are found, a data recovery program approved by the Arizona State Museum shall be performed.

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

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

10. Issuance of a building permit for construction of the proposed development based on an approved development plan in compliance with all Code requirements and conditions of rezoning by June 7, 2000.

There were originally zero (0) written approvals and ten (10) written protests received prior to the Zoning Examiner’s public hearing. Since then, two (2) written approvals and three (3) written protest withdrawals have been received. A letter of approval was also received from the Palo Verde Neighborhood Association. This now results in a total of six (6) written approvals and seven (7) written protests. Six (6) of the protests are located within the 150 foot notification area resulting in a protest by area of 99 percent to the west, 71.8 percent to the east, 1.4 percent to the north and 10.6 percent to the south.

A 3/4 majority vote of the Mayor and Council will be necessary to adopt an ordinance.

8. ZONING: (C9-97-21) DEGRAZIA - SWAN ROAD, SR TO RX-2, ORDINANCE ADOPTION

(a) Report from City Manager JUNE7-99-266 WII

(b) Request to rezone a portion of the property on the east side of Swan Road approximately 600 to 1240 feet north of the intersection of Swan Road and Fort Lowell Road. Applicant: Mr. Jerry DeGrazia, the property owner. The tentative plat/development plan is for Valley Ranch, a residential subdivision with a total of 63, one and two-story, single-family residences, utilizing the Residential Cluster Project (RCP) provisions of the Land Use Code. Twenty-seven (27) of the lots are within the area being rezoned from SR to RX-2. The remainder of the units are in an area already zoned R-1. The Planning Department recommends that the ordinance presented for the RX-2 portion of the rezoning site be adopted. The City Manager recommends that the ordinance presented for the RX-2 portion of the rezoning site be adopted.

(c) Ordinance No. 9236 relating to zoning: Amending zoning district boundaries in the vicinity of the east side of Swan Road approximately 600 to 1240 feet north of the intersection of Swan Road and Fort Lowell Road in Case C9-97-21 DeGrazia-Swan Road, SR to RX-2, establishing an effective date.

Eleven (11) written approvals and eight (8) written protests were received for this case. Five (5) protests are located within the 150 foot notification area, representing a 9.38 percent protest by area to the south and a zero (0) percent to the north, east, and west.

A simple majority vote of the Mayor and Council will be necessary to adopt the ordinance presented for the RX-2 portion of the rezoning site.

9. ZONING: (C9-99-03) CROCE - 22ND STREET, C-1 TO C-2, ZONING EXAMINER’S REPORT

(a) Report from City Manager JUNE7-99-271 WII

(b) Report from Zoning Examiner dated April 30, 1999

(c) Request to rezone approximately 0.58 acres from C-1 to C-2 zoning. Applicant: Mr. Gus W. Chonis, on behalf of the property owner, Mr. Victor Croce. The rezoning site is located on the northeast corner of 22nd Street and Sarnoff Drive. The preliminary development plan is for a one-story, 5,890 square-foot building. The principal use will be for the retail sale of bakery goods produced on the premises. The applicant is requesting the C-2 zoning in order to allow up to 25 percent of the total business to be used for wholesale purposes. The Planning Department and Zoning Examiner recommend C-2 zoning, subject to certain conditions. The City Manager recommends approval of C-2 zoning, subject to the following conditions.

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

a. All new sections of public sidewalk shall be six (6) feet wide.

2. A hydrology report, maximizing stormwater harvesting in landscaped areas, shall be submitted for review and approval.

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.) to provide a minimum planting area of sixteen (16) square feet and include trees or shrubs in the voids created by these variations.

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

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

6. Issuance of a building permit for construction of the proposed development based on an approved development plan in compliance with all Code requirements and conditions of rezoning by June 1, 2004.

Four (4) written approvals and zero (0) written protests have been received.

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

10. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager JUNE7-99-267 CITY-WIDE

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

AT THIS TIME THE MAYOR AND COUNCIL WILL RECESS THE AFTERNOON MEETING AND RECONVENE AT 7:30 P.M.

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RECONVENE REGULAR MEETING AT 7:30 P.M.

ROLL CALL

12. PLANNING: EL CON MALL REDEVELOPMENT

(a) Report from City Manager JUNE7-99-272(2) WVI

Staff report on neighborhood negotiations regarding El Con Mall Redevelopment.

(b) If appropriate, reconsideration of action taken on February 8, 1999, to close all northern access to and from El Con Mall.

ADDED: If a motion to reconsider the action taken on February 8, 1999 passes, then discussion and any motions for adoption of Resolution No. 18306 (Options 1 or 2) may ensue.

(c) OPTION 1 (keeping both Jones and Dodge Boulevards open during the day and evening with traffic prohibited between the hours of 12:30 a.m. to 8:00 a.m.)

Resolution No. 18306 relating to traffic, city streets, the Land Use Code, and the redevelopment of the El Con Mall.

OPTION 2 (keeping only Dodge Boulevard open without any limitation on traffic hours)

Resolution No. 18306 relating to traffic, city streets, the Land Use Code, and the redevelopment of the El Con Mall.

13. ADJOURNMENT

The next regularly scheduled meeting of the Mayor and Council will be held on Monday, June 14, 1999, at 7:30 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.

NOTE: CONSENT AGENDA ITEM NO. 3-N(8) HAS BEEN AMENDED.

A. PLATS: (S98-037) FINAL PLAT - CASITAS ALEGRES, LOTS 1 THROUGH 5 AND COMMON AREA "A"

(1) Report from City Manager JUNE7-99-257 WI

(2) The City Manager recommends that the final plat be approved as presented and that the Mayor be authorized to sign the plat on behalf of the City of Tucson. The applicant is advised that building/occupancy permits are subject to the availability of water/sewer capacity at the time of actual application.

B. PLATS: (S98-070) FINAL PLAT - RANDOLPH PLAZA SUBDIVISION, BLOCKS 1 THROUGH 8

(1) Report from City Manager JUNE7-99-258 WV

(2) 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.

C. CONTRACT: AMENDMENT NO. ONE TO CONTRACT WITH PIMA ASSOCIATION OF GOVERNMENTS FOR INTER-JURISDICTIONAL TRAFFIC SIGNAL COORDINATION

(1) Report from City Manager JUNE 7-99-253 CITY-WIDE/OUTSIDE CITY

(2) Resolution No. 18298 relating to agreements; approving and authorizing execution of Amendment No. 1 to the agreement between the City of Tucson and the Pima Association of Governments to coordinate the Inter-Jurisdictional Traffic Signal System.

D. PUBLIC IMPROVEMENT: FORT LOWELL ROAD, VISTA DEL FORTE TO SWAN ROAD DISTRICT PAVING IMPROVEMENT

(1) Report from City Manager JUNE7-99-254 WII

(2) City Engineer submits plans, specifications, assessment diagram and cost estimate.

(3) Resolution No. 18173. A Resolution of the Mayor and Council of the City of Tucson, declaring its intention to improve and adopting rights-of-way, construction plans and specifications for the alignment and extension of Fort Lowell Road, approving assessment district diagram, determining that the proposed work or improvement is of more than local or ordinary public benefit, and determining that improvement bonds be issued by the City of Tucson to represent the costs and expenses thereof, under the provisions of Title 48, Chapter 4, Articles 1 and 2, Arizona Revised Statutes and Amendments and Supplements thereto, said improvement to be known as the "Fort Lowell Road, Vista Del Forte to Swan Road District Paving Improvement," all being within the City of Tucson, Arizona.

All property owners have waived their rights to publication and posting of this resolution. Upon adoption of the Resolution of Intention, they request that Mayor and Council immediately order the improvement and call for construction bids. This is included as Item E on today’s Consent Agenda.

E. PUBLIC IMPROVEMENT: FORT LOWELL ROAD, VISTA DEL FORTE TO SWAN ROAD DISTRICT PAVING IMPROVEMENT

(1) Report from City Manager JUNE7-99-255 WII

(2) Resolution No. 18281. Resolution ordering the improvements described in Resolution of Intention No. 18173.

Approval of this item is contingent upon adoption of Item D on today’s Consent Agenda.

F. FINANCE: SALE OF WATER SYSTEM REVENUE BONDS

(1) Report from City Manager JUNE7-99-261 CITY-WIDE

(2) Ordinance No. 9234. An ordinance relating to finance; authorizing the issuance of City of Tucson Water System Revenue Bonds, Series 1994-C (1999), in the principal amount of $33,400,000; providing for the sale thereof and for the payment of principal and interest on the bonds; providing certain terms, covenants and conditions regarding the bonds; appointing a bond registrar and paying agent; authorizing the preparation and delivery of an official statement with respect to the bonds; ordering the sale of the bonds; authorizing the execution of a continuing disclosure agreement with regard to the bonds; and declaring an emergency.

G. FINANCE: SALE OF GENERAL OBLIGATION BONDS

(1) Report from City Manager JUNE7-99-262 CITY-WIDE

(2) Ordinance No. 9235. An ordinance relating to finance; authorizing the issuance and sale of City of Tucson General Obligation Bonds, Series 1999, in the principal amount of $13,855,000; providing for the levy and collection of taxes for the payment of the bonds; providing certain terms, covenants and conditions regarding the bonds; appointing a bond registrar and paying agent; ordering the sale and delivery of the bonds; authorizing the preparation and delivery of an official statement with respect to the bonds; authorizing the execution and delivery of a continuing disclosure undertaking with respect to the bonds; ratifying certain acts heretofore taken by City officials; and declaring an emergency.

H. FINANCE: CONTINGENCY FUND TRANSFER FOR PIMA YOUTH PARTNERSHIP SAFE NIGHT '99

(1) Report from City Manager JUNE7-99-263 CITY-WIDE

(2) Resolution No. 18301 relating to finance; approving and authorizing the transfer of five thousand ($5,000) dollars from the contingency fund to organization 001-183-1838-268, for Safe Night '99 sponsored by the Pima Youth Partnership.

I. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COMMUNITY COLLEGE DISTRICT FOR USE OF CITY COMMUNICATIONS SITES AND MICROWAVE SYSTEMS

(1) Report from City Manager JUNE7-99-268 CITY-WIDE

(2) Resolution No. 18302 relating to intergovernmental agreements; approving and authorizing an intergovernmental agreement between the City of Tucson and the Pima Community College District for use of City communications sites and microwave systems.

J. MEMORIAL: URGING THE CONGRESS OF THE UNITED STATES TO SUPPORT FULL FUNDING OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN 2000

(1) Report from City Manager JUNE7-99-269 CITY-WIDE

(2) A Memorial relating to Community Development Block Grants; urging the Congress of the United States to support full funding of the Community Development Block Grant Program in 2000.

K. REAL PROPERTY: AUTHORIZING THE NEGOTIATION OF PROPERTY ACQUISITION AGREEMENTS FOR THE COMMUNITY SERVICES DEPARTMENT HOMEOWNERSHIP PROGRAM TO EXCEED APPRAISED VALUE BY UP TO FIVE PERCENT

(1) Report from City Manager JUNE7-99-270 CITY-WIDE

(2) Resolution No. 18303 relating to low income housing; authorizing the City Manager to negotiate and execute property acquisition agreements for use in the City’s Homeownership Program.

L. ASSURANCE AGREEMENT: OCOTILLO COVE, LOTS 1 THROUGH 34 AND COMMON AREAS "1, 2, & 3" (A RESIDENTIAL CLUSTER PROJECT) (S98-031)

(1) Report from City Manager JUNE7-99-274 WIV

(2) Resolution No. 18304 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 Ocotillo Cove Subdivision, Lots 1 to 34 and Common Areas 1, 2 and 3.

M. PLATS: (S98-031) FINAL PLAT - OCOTILLO COVE, LOTS 1 THROUGH 34 AND COMMON AREAS "1 THROUGH 3" (A RESIDENTIAL CLUSTER PROJECT)

(1) Report from City Manager JUNE7-99-273 WIV

(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.

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 JUNE7-99-264

(2) WOODEN NICKEL TAVERN, Applicant: Joseph R. Varela, 1908 S. Country Club Rd., TEMPORARY EXTENSION OF PREMISES, City No. EP21-99, WV

(3) TUCSON ZOOLOGICAL SOCIETY, Applicant: Neal G. Hicks, Reid Park Zoo, SPECIAL EVENT, City No. T046-99, WVI

(4) JUNETEENTH FESTIVAL COMMITTEE, Applicant: Terry L. Starks, 3700 S. La Cholla Blvd., SPECIAL EVENT, City No. T048-99, WI

(5) TUCSON POP WARNER RAIDERS, INC., Applicant: Lloyd L. Douglass, 201 E. Broadway Blvd., SPECIAL EVENT, City No. T051-99, WVI

(6) CAFE PACIFIC, Applicant: Cheuk Kin Chan, 3607 N. Campbell Ave., PERSON TRANSFER, Series 7, City No. 028-99, WIII

(7) BEST WESTERN EXECUTIVE INN, Applicant: Pennie S. Seamen, 333 W. Drachman St., PERSON TRANSFER, Series 6, City No. 034-99, WVI

(8) SUNNY MARKET, Applicant: Muneer I. Dalia, 4550 S. 6th Ave., NEW LICENSE, Series 10, City No. 035-99, WV PROTEST(S) RECEIVED

(9) EMPIRE STATE DELI, PIZZERIA & RESTAURANT, Applicant: Harris R. Asbeil, 8737 E. Broadway Blvd., PERSON/LOCATION TRANSFERS, Series 7, City No. 036-99, WII

(10) TGI FRIDAY'S, Applicant: James C. Yeager, 5055 N. Oracle Rd., NEW LICENSE, Series 12, City No. 041-99, WIII

Copyright City of Tucson. Posted: 6/9/99