1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
INVOCATION - Pastor Arnell McSwain, United Gospel Fellowship
PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance
PRESENTATIONS:
(a) Proclamation - Proclaiming July 30 through August 5, 2000, to be "Tucson Water" Week
3. CONSENT AGENDA - ITEMS A THROUGH P
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. MAYOR AND COUNCIL: SELECTION OF A VICECHAIR
(a) Report from City Manager JULY10-00-405 CITY-WIDE
(b) Resolution No. 18658 relating to the Vice-Chair of the Mayor and Council; selecting a Vice-Chair.
5. INTERGOVERNMENTAL AGREEMENT: WITH EASTERN ARIZONA COLLEGE FOR DRIVER'S TRAINING AT THE PUBLIC SAFETY ACADEMY
(a) Report from City Manager JULY10-00-402 CITY-WIDE
(b) Resolution No. 18655 relating to the Public Safety Academy; approving and authorizing execution of an intergovernmental agreement with Eastern Arizona College (City-Wide) to provide a required Arizona Peace Officers Standards and Training (AzPost) Board driver training course to community college law enforcement students.
6. FINANCIAL PARTICIPATION AGREEMENTS: WITH VARIOUS OUTSIDE ORGANIZATIONS FOR FISCAL YEAR 2000-2001
(a) Report from City Manager JULY10-00-392 CITY-WIDE
(b) Resolution No. 18657 relating to outside agency activities; authorizing and approving the financial participation agreements between the City of Tucson and various outside organizations.
7. APPOINTMENTS TO BOARDS, COMMITTEES AND COMMISSIONS
8. 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.
RECONVENE REGULAR MEETING AT 7:30 P.M.
ROLL CALL
9. ZONING: (C9-00-05) MCGETTIGAN - 16TH STREET, I-1 TO I-2, ZONING EXAMINER'S REPORT AND ORDINANCE ADOPTION (CONTINUED FROM THE MEETING OF JUNE 5, 2000)
(a) Report from City Manager JULY10-00-400 WV
(b) Report from Zoning Examiner dated April 28, 2000
(c) Request to rezone approximately 0.97 acres located on the southeast corner of Euclid Avenue and 16th Street from I-1 to I-2 zoning. Applicant: Mr. David Shambach, on behalf of the property owner, Dr. John McGettigan. The preliminary development plan is for the addition of a Perishable Goods Manufacturing (brewery) use to the warehouse and medical lab uses in an existing 18,450 square foot warehouse building. A Special Exception Land Use request (SE-00-01 McGettigan - 16th Street) associated with this item is also scheduled on today's Mayor and Council agenda. The Planning Department recommends approval of I-2 zoning, and adoption of the ordinance presented, subject to certain conditions. The Zoning Examiner recommends approval of I-2 zoning, subject to certain conditions. The City Manager recommends approval of I-2 zoning, and adoption of the ordinance presented, 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. No additional buildings other than the grain silo.
b. If the easement is used for access, loading spaces and/or dumpsters, all portions used for access shall be paved and approved by the City Engineer.
c. Loading areas to be reviewed and approved by the City Engineer.
d. Approval of the Special Exception Land Use request (SE-00-01 McGettigan - 16th Street) for a Perishable Goods Manufacturing Use (brewery).
2. The owner/ developer shall execute an irrevocable offer to dedicate ten (10) feet of right-of-way along Euclid Avenue, exclusive of the existing building.
3. A drainage statement shall be submitted for review and approval.
4. Water harvesting techniques shall be utilized by conveying rooftop, parking area access lane (PAAL), and parking area drainage to designated water harvesting areas.
5. 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.
6. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible.
7. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.
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. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.
(d) Ordinance No. 9395 relating to zoning: Amending zoning district boundaries in the vicinity of the southeast corner of Euclid Avenue and 16th Street in Case C9-00-05 McGettigan - 16th Street, I-1 to I-2.
Zero (0) written approvals and zero (0) written protests have been received.
A simple majority vote will be necessary to authorize the rezoning and to adopt the ordinance presented, should the Mayor and Council choose to do so.
10. SPECIAL EXCEPTION LAND USE: MCGETTIGAN - 802 E. 16TH STREET, I-2 ZONE, ZONING EXAMINER'S REPORT (SE-00-01) (CONTINUED FROM THE MEETING OF JUNE 5, 2000)
(a) Report from City Manager JULY10-00-399 WV
(b) This is a request to allow for the development of a brewery in the I-2 zone. Applicant: Mr. David Shambach on behalf of the property owner, Dr. John McGettigan. The site is located on the southeast corner of Euclid Avenue and 16th Street. The preliminary development plan is for the addition of a Perishable Goods Manufacturing Use (brewery) to the warehouse and medical lab uses in an existing 18,450 square foot warehouse building.
A Perishable Goods Manufacturing Use (brewery) is allowed in the I-2 zone as a special exception with approval through a Type III Legislative procedure (Section 5.4.2.3 of the Land Use Code). This process requires a public hearing before the Zoning Examiner after which the Examiner forwards a recommendation to the Mayor and Council for a decision to grant the request with or without conditions or to deny the request. The Zoning Examiner held a public hearing on April 13, 2000, on behalf of the Mayor and Council.
The Planning Department and Zoning Examiner recommend approval of the special exception land use request, subject to compliance with the conditions approved by the Mayor and Council for the associated rezoning case C9-00-05 McGettigan - 16th Street, I-1 to I-2. The City Manager recommends approval of the Special Exception Land Use request, subject to the following condition:
1. Compliance with the conditions approved by the Mayor and Council for the associated rezoning case C9-00-05 McGettigan - 16th Street, I-1 to I-2.
Zero (0) written approvals and zero (0) written protests have been received.
A simple majority vote of the Mayor and Council will be necessary to approve the special exception land use request.
11. ZONING: (C9-99-14) KAUFMAN AND BROAD BONANZA DRIVE, SR TO R-1, ORDINANCE ADOPTION
(a) Report from City Manager JULY10-00-403 WIV
(b) Request to rezone property located west of the Bonanza Drive alignment approximately 675 feet south of Twenty-Ninth Street. Applicant: Kaufman and Broad of Tucson, Inc. The development plan is for forty (40), one-story, single-family homes on 10.0 acres utilizing the Residential Cluster Project (RCP) provisions of the Land Use Code (LUC) for a density of 4.0 units per acre. The Development Services Department (DSD) reports that all conditions of rezoning have been met. The Planning Director recommends adoption of the ordinance presented rezoning the property from SR to R-1. The City Manager recommends adoption of the ordinance presented.
(c) Ordinance No. 9418 relating to zoning: Amending zoning district boundaries in the area located west of the Bonanza Drive alignment approximately 675 feet south of Twenty-Ninth Street in Case C9-99-14, Kaufman and Broad Bonanza Drive, SR to R-1 (Ward 4).
One (1) written approval and two (2) written protests were received. Both protests were located within the 150 foot notification area. The protests result in a 13.6 percent protest by area to the south, a 7.9 percent to the west, and a zero percent to the north and east.
A simple majority vote will be necessary to adopt the ordinance presented should the Mayor and Council choose to do so.
12. ZONING: (C9-99-08) H AND S PROPERTIES SPEEDWAY BOULEVARD, R-2 TO O-1, ORDINANCE ADOPTION
(a) Report from City Manager JULY10-00-406 WVI
(b) Request to rezone property located on the southeast corner of Speedway Boulevard and Second Avenue. Applicant: Mr. Martin Stickley on behalf of the property owner, H & S Properties, LLC. The development plan is for the conversion of a one and one-half story, 2,030 square foot residence into a professional office. The property is located within the boundaries of the West University Historic Preservation Zone (WUHPZ) and subject to the regulations of the Historic Preservation Zone (HPZ) ordinance. The Development Services Department (DSD) reports that all conditions of rezoning have been met. The Planning Director recommends adoption of the ordinance presented rezoning the property from R-2 to O-1. The City Manager recommends adoption of the ordinance presented.
(c) Ordinance No. 9419 relating to zoning: Amending zoning district boundaries in the vicinity of the southeast corner of Speedway Boulevard and Second Avenue in Case C9-99-08 H and S Properties Speedway Boulevard, R-2 to O-1 (Ward 6).
Eight (8) written approval and five (5) written protests were received. Two (2) of the protests are located within the 150 foot notification area resulting in a protest by area of 5.0 percent to the north, 5.6 percent to the west, 18.0 percent to the south and a zero percent to the east.
A simple majority vote will be necessary to adopt the ordinance presented should the Mayor and Council choose to do so.
13. ZONING: (C9-00-13) TUCSON ELECTRIC POWER COMPANY FLOWING WELLS ROAD, I-1 TO I-2, ZONING EXAMINER'S REPORT AND ORDINANCE ADOPTION
(a) Report from City Manager JULY10-00-416 WIII
(b) Report from Zoning Examiner dated June 30, 2000
(c) Request to rezone approximately 20.16 acres located on the north side of Grant Road between Flowing Wells Road and the Southern Pacific Railroad. Applicant: Mr. Duane Bock on behalf of the property owner, Tucson Electric Power Company. The preliminary development plan is for the expansion of the DeMoss Petrie Generation Site with two (2) natural gas-powered generators with an approximate height of sixty (60) feet. An electric substation and water tower currently exist on the site and will remain. The Planning Department recommends approval of I-2 zoning, and adoption of the ordinance presented, subject to certain conditions. The Zoning Examiner recommends approval of I-2 zoning, subject to certain conditions. The City Manager recommends approval of I-2 zoning, and adoption of the ordinance presented, subject to the following conditions.
1. A development plan, in substantial compliance with the preliminary development plan and the Design Compatibility Report and Environmental Resource Report, is to be submitted for review and approval in accordance with Section 5.3.8 of the LUC.
2. The owner/developer shall agree to participate in any improvement district for future improvements to Flowing Wells Road and to accept such assessment that would typically be levied against the property.
3. The owner/developer shall provide an irrevocable offer to dedicate right-of-way on Grant Road in accordance with the Major Streets and Routes Plan at such time as the improvements on Grant Road may require such dedication, subject to any existing improvements located in the area of the dedication at the time of rezoning.
4. A master drainage report shall be submitted for review and approval, including retention/detention calculations/requirements. Existing drainage flow patterns will be maintained generally with appropriate retention/detention basins, water-harvesting areas and drainage channels. The design of the drainage system shall include water-harvesting techniques for water runoff from building roofs and other impervious surfaces. These facilities will be defined in the master drainage report and will be constructed by Tucson Electric Power Company. A separate set-aside area for a drainage channel shall be provided per the master drainage report. Upon request of the City of Tucson, drainage facilities within the secured area will be accessible for inspection of maintenance performance.
5. A vegetative screen shall be provided along the I-10/SPRR right-of-way and Grant Road right-of-way consisting of trees that will attain a height of forty (40) feet to sixty (60) feet at maturity along I-10, and thirty (30) to forty (40) feet at maturity along Grant Road, except where safety of clearance of existing facilities require a smaller scale tree mass. The density of the tree and shrub screen shall increase to control the view perpendicular to the generation facility and transition to a soft or semi-open screen along the oblique zone portion of the view as delineated on the preliminary landscape plan dated June 14, 2000.
6. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls adjacent to 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.
7. Development design shall be consistent with recent improvements to Interstate 10 through the use of naturally appearing materials and colors predominant in the surrounding landscape such as desert and earth tones. Prior to development plan approval, the applicant shall submit elevation drawings of all structures and free-standing walls and fences, showing colors and materials to be used.
8. Any new outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible.
9. 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. An archeological monitor shall be present at any time subsurface work is done. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.
10. "Safe by Design" concepts shall be incorporated in the development plan for review by the Tucson Police Department.
11. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
12. Compliance with all Code requirements and conditions of rezoning by July 10, 2005.
(d) Ordinance No. 9422 relating to zoning: Amending zoning district boundaries in the vicinity of the north side of Grant Road between Flowing Wells Road and the Southern Pacific Railroad in Case C9-00-13 Tucson Electric Power Flowing Wells Road, I-1 to I-2 (Ward 3).
Zero (0) written approvals and zero (0) written protests have been received.
A simple majority vote will be necessary to adopt the ordinance presented, should the Mayor and Council choose to do so.
14. PRE-ANNEXATION AND DEVELOPMENT AGREEMENT: WITH RITA 244, LLC, IN THE PROPOSED RITA ROAD ANNEXATION DISTRICT
(a) Report from City Manager JULY10-00-414 WIV
(b) Resolution No. 18662 relating to annexation; authorizing and approving the execution of a Development and Annexation Agreement between the City and Rita 244, LLC.
15. PUBLIC HEARING: PROPOSED RITA ROAD ANNEXATION DISTRICT
16. PUBLIC HEARING: KROEGER NEIGHBORHOOD PLAN AMENDMENT NEAR THE SOUTHEAST CORNER OF STARR PASS BOULEVARD AND SANTA CRUZ LANE, COMMERCIAL USE
(a) Report from City Manager JULY10-00-401 WI
(b) Hearing on a proposed amendment to the Kroeger Neighborhood Plan, which would allow commercial uses on a vacant eleven-acre parcel located near the southeast corner of Starr Pass Boulevard and Santa Cruz Lane. The applicant is the Gerald C. Brown Family Ltd. Partnership, representing the owner, Pioneer Trust of Arizona. The applicant wishes to develop personal storage units and outdoor storage on the parcel. The site is within the boundaries of the Kroeger Neighborhood Plan, which supports medium-density residential uses on this parcel. The request is to amend the Plan by adding a policy specifying that this site is appropriate for community-level commercial development and changing the Land Use and Circulation Recommendations Map to reflect this new direction.
The City Manager recommends that Mayor and Council deny the proposed amendment to the Kroeger Neighborhood Plan.
17. PUBLIC HEARING: TUCSON CODE, AMENDING (CHAPTER 23) LAND USE CODE RELATING TO MOTOR VEHICLE PARKING REQUIREMENTS, MULTIFAMILY AND GROUP DWELLING DEVELOPMENT
(a) Report from City Manager JULY10-00-415 CITY-WIDE
(b) Hearing
(c) Ordinance No. 9421 relating to planning and zoning: Amending the Tucson Code, Chapter 23, the Land Use Code, Article III. Development Regulations, Division 3. Motor Vehicle and Bicycle Parking Requirements: 3.3.4. Required Number of Motor Vehicle and Bicycle Parking Spaces; Article VI. Definitions, Division 3. Land Use Groups: 6.3.8 Residential Use Group; and setting an effective date.
The City Manager recommends adoption of the ordinance presented.
18. PUBLIC HEARING: TUCSON CODE, AMENDING (CHAPTER 20) MOTOR VEHICLES AND TRAFFIC AUTHORIZING THE TRAFFIC ENGINEER TO PROVIDE limited exceptions to the prohibition against alley parking for loading and unloading
(a) Report from City Manager JULY10-00-418 CITY-WIDE
(b) Hearing
(c) Ordinance No. 9424 relating to parking; authorizing the City Traffic Engineer to provide limited exceptions to the prohibition against alley parking for loading and unloading; amending the Tucson Code by amending Tucson Code Section 20-273.
19. CALL TO THE AUDIENCE, for persons desiring to speak.
20. ADJOURNMENT
The next regularly scheduled meeting of the Mayor and Council will be held on Monday, August 7, 2000, at 2:00 p.m. and continued at 7:30 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.
 |
MAYOR AND COUNCIL
REGULAR MEETING
ADDENDUM #1
|
MAYOR AND COUNCIL REGULAR AGENDA
MONDAY, JULY 10, 2000
2:00 P.M.
AND CONTINUED AT 7:30 P.M.
MAYOR AND COUNCIL CHAMBERS
CITY HALL
255 W. ALAMEDA,
TUCSON, ARIZONA
REGULAR AGENDA ITEMS 7A, 19, 20, 21, AND 22 HAVE BEEN ADDED
7A. FINAL PLAT: (S99-054) WEST POINT CROSSING, LOTS 1 - 10
(a) Report from City Manager JULY10-00-426 WI
(b) The City Manager recommends that 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.
19. PUBLIC HEARING: TUCSON CODE, AMENDING (CHAPTER 29) WATERCOURSE, AMENITIES, SAFETY, AND HABITAT (W.A.S.H.) REGULATIONS TO ADD THE UPPER REACHES OF ROBB WASH, BETWEEN 22ND STREET AND APPROXIMATELY ONE THOUSAND FEET EAST OF BONANZA AVENUE
(a) Report from City Manager JULY10-00-419 WII & WIV
(b) Hearing
(c) Ordinance No. 9427 relating to energy and environment and floodplain and erosion hazard management; amending the Tucson Code, Chapter 29, Energy and Environment; Article VIII, Watercourse Amenities, Safety and Habitat ("WASH"); Section 29-14, Applicability, Table I and 29-19, Appeals and Variances, Table I, to extend the application of the wash regulations to the Robb Wash from 22nd Street to about one thousand (1000) feet east of Bonanza Avenue.
20. ELECTIONS: NOVEMBER 7, 2000 ELECTION ISSUES
A. CALLING A FRANCHISE ELECTION RELATING TO TUCSON ELECTRIC POWER COMPANY
(a) Report from City Manager JULY10-00-424 CITY-WIDE
(b) Ordinance No. 9429 relating to franchises; granting a conditional non-exclusive franchise to Tucson Electric Power Company for electric transmission and distribution services, and pursuant to Chapter XVII of the Tucson Charter, calling a Franchise Election on November 7, 2000 for the purpose of submitting to the qualified elector of the City of Tucson a question regarding the issuance of said franchise.
B. RESOLUTIONS OF INTENTION TO HOLD A CHARTER AMENDMENT SPECIAL ELECTION
(a) Report from City Manager JULY10-00-427 CITY-WIDE
(b) Resolution No. 18667 relating to elections; declaring the intention of the Mayor and Council of the City of Tucson, Arizona, to call a special election for the purpose of submitting to the qualified electors thereof a question relating to amending the City Charter, Chapter XVII, to add a new Section 17, concerning the requirement for franchise elections.
(c) Resolution No. 18668 relating to elections; notice by the Mayor and Council of the City of Tucson, Arizona, to the citizenry thereof, declaring their future intent to call a special election to be held in the City of Tucson, Arizona on November 7, 2000 for the purpose of submitting to the qualified electors thereof a question relating to amending the City Charter, Chapter XVI, Sections 1 and 2, and adding Chapter XVI, Section 19, to make City elections nonpartisan.
(d) Resolution No. 18669 relating to elections; notice by the Mayor and Council of the City of Tucson, Arizona, to the citizenry thereof, declaring their future intent to call a special election to be held in the City of Tucson, Arizona on November 7, 2000 for the purpose of submitting to the qualified electors thereof a question relating to amending the City Charter, Chapter IX, Section 5 concerning the Mayor's power to vote and the Mayor's inclusion in calculating a quorum of Mayor and Council.
(e) Resolution No. 18670 relating to elections; notice by the Mayor and Council of the City of Tucson, Arizona, to the citizenry thereof, declaring their future intent to call a special election to be held in the City of Tucson, Arizona on November 7, 2000 for the purpose of submitting to the qualified electors thereof a question relating to amending the City Charter, Chapter XVI, Section 9 concerning election of councilmembers by ward.
(f) Resolution No. 18671 relating to elections; notice by the Mayor and Council of the City of Tucson, Arizona, to the citizenry thereof, declaring their future intent to call a special election to be held in the City of Tucson, Arizona on November 7, 2000 for the purpose of submitting to the qualified electors thereof a question relating to amending the City Charter, Chapter III, Section 1, Chapter V, Section 1, and Chapter XVI, Sections 4 and 8, and adding Chapter XVI, Section 19, concerning expanding the number of City wards from six to eight.
C. INTERGOVERNMENTAL AGREEMENT WITH Pima County to provide services for the conduct of the November 7, 2000 City of Tucson Franchise and Charter Amendments Special Election
(a) Report from City Manager JULY10-00-422 CITY-WIDE
(b) Resolution No. 18665 relating to elections; approving an intergovernmental agreement with Pima County to provide services for the conduct of the November 7, 2000 City of Tucson Franchise and Charter Amendments Special Election.
21. ELECTIONS: PROVIDING FOR THE HOLDING OF AN ELECTION RELATING TO CITY OF TUCSON EMPLOYEE LABOR REPRESENTATION
(a) Report from City Manager JULY10-00-423 CITY-WIDE
(b) Resolution No. 18666 relating to labor relations; providing for the holding of an election to determine which labor organization, if any, shall be recognized by the City of Tucson as representing the employee group consisting of all clerical, administrative, professional, and technical non-supervisory City employees.
22. TRANSPORTATION: WATERCOURSE AMENITIES, SAFETY AND HABITAT (W.A.S.H.) ORDINANCE REQUIREMENTS FOR NAYLOR WASH IN THE VICINITY OF JUAREZ STREET, EAST OF ALVERNON WAY
(a) Report from City Manager JULY10-00-425 WV
(b) This is a request by the commercial developer of a proposed Walgreens retail store, for construction of a concrete culvert, wingwalls, sidewalk, and associated roadway improvements in Naylor Wash approximately 230 feet east of Alvernon Way.
The City Manager recommends this item be referred to the Stormwater Technical Advisory Committee (STAC) for their review and recommendation prior to Mayor and Council action.
Alternatively, since the proposed installation would eliminate any existing hazard at the unbridged crossing, Mayor and Council may elect to approve the utilization of concrete for a drainage structure at this location contingent upon subsequent STAC approval of the proposed mitigation plan showing appropriate vegetative mitigation for 50 feet upstream and downstream of the proposed culvert; OR elect to allow a concrete structure placed in this location as per the developer's request.
*23. CALL TO THE AUDIENCE, for persons desiring to speak.
*24. ADJOURNMENT
The next regularly scheduled meeting of the Mayor and Council will be held on Monday, August 7, 2000, at 2:00 p.m. and continued at 7:30 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.
*Renumbered due to added item.
