1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Richard Leis, Desert Chapel

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

PRESENTATION(S):

(a) Presentation of "Outstanding Citizen" award to Mr. James Callegary for his contribution in advancing the scientific community's knowledge of the hydrologic conditions along the Rillito River

(b) Presentation of "Certificates of Recognition" to the winners of an essay contest sponsored by the Tucson B'Nai B'Rith Lodge #763

3. CITY MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS

(a) Report from City Manager MARCH5-01-107 CITY-WIDE

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

5. CONSENT AGENDA - ITEMS A THROUGH H

FOR COMPLETE DESCRIPTION OF ITEMS

SEE ATTACHED 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.

6. LIQUOR LICENSE APPLICATIONS

(a) Report from City Manager MAR05-01-108

(b) LIQUOR LICENSE APPLICATION(S)

New Licenses	Staff Recommendation
(1) MONTEREY MARKET 4129 E. 29th Street Applicant: Analida del Socorro Makda City #: 006-01, located in Ward 5 Series #10 Action must be taken by: March 19, 2001	Police: In Compliance Planning: In Compliance Business License: In Compliance

Person Transfer Licenses	Staff Recommendation
(2) YARD DOG SALOON 2449 N. Stone Avenue Applicant: Ray Shelby Gregg City # 007-01, located in Ward 3 Series #06 Action must be taken by: March 19, 2001	Police: In Compliance Planning: In Compliance Business License: In Compliance
(3) LAS BRASAS 2928 E. 22nd Street Applicant: Anna L. Calvillo City #008-01, located in Ward 5 Series #07 Action must be taken by: March 29, 2001	Police: In Compliance Planning: In Compliance Business License: In Compliance

(c) SPECIAL EVENTS

	Staff Recommendation
(1) IRISH AMERICAN GAELIC SOCIETY ST. PATRICK’S DAY PARADE OF TUCSON 220 S. 6th Avenue Applicant: James Courtney Kehl City #: T013-01, located in Ward 6 Date of Event: March 17, 2001	Police: In Compliance Planning: In Compliance
(2) KOKOPELLI WINERY Fourth Avenue Merchants Assoc. 4th Avenue & 5th Street Applicant: Donald Lawrence Minchella City #: T015-01, located in Ward 6 Date of the Event: March 23, 2001 March 24, 2001 March 25, 2001	Police: In Compliance Planning: In Compliance
(3) UNITED FIRE FIGHTERS ASSOC. 301 E. Stevens Avenue (c/o Maloney’s) Applicant: Bob Ford City #: T016-01, located in Ward 6 Date of Event: March 17, 2001	Police: In Compliance Planning: In Compliance
(4) KNIGHTS OF COLUMBUS ST. PIUS X COUNCIL #10762 1800 N. Camino Pio Decimo Applicant: Robert J. Palomino City # T017-01, located in Ward 2 Date of Event: March 17, 2001	Police: In Compliance Planning: In Compliance

(d) EXTENSION OF PREMISES

	Staff Recommendation
(1) BACKSTAGE SPORTS GRILL 6350 E. Tanque Verde Road Applicant: Glenn Murphy City #: EP10-01, located in Ward 2 Type: Temporary Extension Date of the Event: March 17, 2001	Police: In Compliance Planning: In Compliance
(2) WOODEN NICKEL TAVERN 1908 S. Country Club Road Applicant: Joseph R. Varela City #: EP09-01, located in Ward 5 Type: Temporary Extension Date of the Event: March 18, 2001	Police: In Compliance Planning: In Compliance

7. CITY CLERK: APPOINTMENT OF CITY CLERK

(a) Report from City Manager MARCH5-01-109 CITY-WIDE

(b) Ordinance No. 9524 relating to City Clerk; appointing a City Clerk.

8. PUBLIC HEARING: BINGO LICENSE - NATIONAL ASSOCIATION OF LETTER CARRIERS BRANCH 704

(a) Report from City Manager MARCH5-01-100 WIV

(b) Hearing
NATIONAL ASSOCIATION OF LETTER CARRIERS
BRANCH 704
3455 S. Wilmot Road
Applicant: Paul Winger
City #188


The City Manager recommends the application be forwarded to the State Tax Commission for approval.

9. PUBLIC HEARING: PROPOSED STATE LAND 2 ANNEXATION DISTRICT

(a) Report from City Manager MARCH5-01-114 WIV & WV

(b) Hearing

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

10. PUBLIC IMPROVEMENT: KOLB ROAD, SPEEDWAY BOULEVARD TO 22^ND STREET DISTRICT LIGHTING IMPROVEMENT

(a) Report from City Manager MARCH5-01-105 WII

(b) Declaration of bids received by the City Clerk on February 6, 2001. Recommendation for award of contract provided by the Superintendent of Streets.

(c) Award of Construction Contract to P.A.C.E. Electrical

11. PLANNING AND ZONING: ARROYO CHICO AREA PLAN AMENDMENT, NORTHEAST CORNER OF KINO PARKWAY AND FOURTEENTH STREET - HEAVY INDUSTRIAL USE (CONTINUED FROM THE MEETING OF JANUARY 8, 2001)

(a) Report from City Manager MARCH5-01-95 WV

(b) Proposed amendment to the Arroyo Chico Area Plan. The applicant is Tim Barone, Barone Foods General Manager. The amendment site is located at the northeast corner of Kino Parkway and Fourteenth Street on the edge of an established light industrial/commercial area. The proposed amendment would allow for heavy industrial use at 345 South Kino Parkway for the manufacture of perishable goods, to produce and distribute cooked deli meats and sausage. The applicant proposes a 3,849 square foot addition to an existing non-conforming light industrial use.

(c) Resolution No. 18822 relating to planning and zoning; amending the Arroyo Chico Area Plan, Industrial Area 2, Industrial Policy 4 and Industrial Map Area 2 at the northeast corner of Kino Parkway and Fourteenth Street to allow Heavy Industrial use; and declaring an emergency.

The City Manager recommends that the Mayor and Council adopt the proposed amendment to the Arroyo Chico Area Plan.

12. ZONING: (C9-00-14) TACC INVESTORS LLC - TUCSON BOULEVARD, R-1 TO PI, ZONING EXAMINER'S REPORT (CONTINUED FROM THE MEETING OF AUGUST 7, 2000)

(a) Report from City Manager MARCH5-01-96 WV

(b) Report from Zoning Examiner dated July 28, 2000.

(c) Request to rezone approximately 10.99 acres of property located on the southwest corner of Drexel Road and Tucson Boulevard, from R-1 to PI. Applicant: Mr. Chuck Martin of Rick Engineering Company, Inc., on behalf of the property owners, TACC Investors LLC. The preliminary development plan is for a 130,000 square foot two-story office and research building with a maximum building height of forty (40) feet. The Planning Department and Zoning Examiner recommend approval of PI zoning, subject to certain conditions. The City Manager recommends approval of PI zoning, subject to the following conditions. Should the Mayor and Council deny the rezoning, staff requests direction regarding updating the existing land use policy of the Kino Area Plan as it applies to industrial development in areas outside the Airport Environs Zone.

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

a. A minimum eighty-five (85) foot building setback from the west property line.

b. The maximum building height shall be forty (40) feet. Structures greater than twenty (20) feet in height shall have varied rooflines, parapets and/or other architectural elements.

c. A minimum twenty (20) foot wide landscape buffer including canopy trees placed a maximum of twenty-five (25) feet apart, groundcover, and shrubs along the west and south property lines.

d. A direct pedestrian route from the intersection of Tucson Boulevard and Drexel Road to the entrance to the building.

e. A shaded outdoor seating areas for employees.

f. Windows, art, canopy trees, or other design elements shall be placed along at least twenty-five (25) percent of each facade of the structures.

g. A ten (10) foot wide landscape buffer shall be provided along the frontages of Tucson Boulevard and Drexel Road. Landscaping shall include canopy trees placed a minimum twenty-five (25) feet apart, ground cover and shrubs.

2. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along Tucson Boulevard and Drexel Road.

3. The owner/developer shall provide improvements to Drexel Road and Tucson Boulevard consisting of an eastbound right turn, deceleration and acceleration and westbound left turn lanes into the proposed access driveway, or improvements as determined by the Traffic Impact Study.

4. The owner/developer shall provide improvements to the intersection of Drexel Road and Tucson Boulevard consisting of an eastbound to southbound right turn lane, or improvements as determined by the Traffic Impact Study.

5. The access driveway for Tucson Boulevard shall align with Commerce Center Drive at the median opening. The owner/developer shall make the necessary median modifications/improvements to provide for a northbound left turn bay into the proposed development.

6. The owner/developer shall provide the additional pavement of Drexel Road for a recessed Sun Tran bus bay pull out and construct a bus shelter and pad.

7. A Category I Traffic Impact Study shall be required prior to tentative plat or development plan review.

8. The owner/developer shall provide in-lieu fees to cover the cost of seventeen (17) feet of additional pavement, curb, and sidewalk along the entire frontage of Tucson Boulevard and Drexel Road.

9. A drainage report shall be submitted for review and approval, including retention/detention calculations/requirements.

10. Water harvesting techniques shall be utilized by conveying rooftop, parking area access lane (PAAL), and parking area drainage to designated water harvesting areas, where possible.

11. An easement shall be provided along the south boundary of the subject property to accommodate a pedestrian trail along Rodeo Wash, to be developed by the owner/developer.

12. 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.

13. All activity shall occur within an enclosed building. Outdoor storage shall not be permitted.

14. Rooftop mechanical equipment shall be screened from view by a parapet wall or other feature, in order to minimize visibility from adjacent streets and properties.

15. Grading of the retention/detention basin shall be comparable to grading on the remainder of the site, as approved by City Engineering. The basin shall be revegetated with plants salvaged from the site or with new vegetation.

16. Side and rear facades of the structures shall be designed with architectural character and detail similar to that on the front facades. Architectural design is to be compatible with new development to the south.

17. Outdoor lighting shall be directed down and away from residential parcels, the school and public roadways and be as low in elevation as possible.

18. All noise-generating uses, including but not limited to trash enclosures, loading zones and outdoor mechanical equipment, shall be placed at least one hundred (100) feet from the west property line.

19. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.

20. Areas identified as natural open space shall be fenced off and protected prior to any on-site development activity.

21. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.

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

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

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

Zero (0) written approvals and one (1) written protest have been received. The one protest is located within the 150 foot notification area. The protest alludes to traffic and results in a protest by area of 7.2 percent to the north and zero percent to the south, east and west.

If this rezoning is authorized, a simple majority vote of the Mayor and Council will be necessary to adopt an ordinance once the conditions of rezoning have been met.

13. ZONING: (C9-00-32) FITZGERALD/THOMPSON/RAPP - OLD SPANISH TRAIL, SR TO RX-1, ZONING EXAMINER'S REPORT

(a) Report from City Manager MARCH5-01-97 WIV

(b) Report from Zoning Examiner dated January 26, 2001

(c) Request to rezone approximately 5.7 acres of property located on the north side of Old Spanish Trail approximately 350 feet east of Houghton Road, from SR to RX-1 zoning. Applicant: Michael Marks of MJM Consulting, on behalf of the prospective property ownership group. The preliminary development plan proposes a five lot single family subdivision for a density of 0.88 units per acre. The Planning Department and Zoning Examiner recommend approval of RX-1 zoning, subject to certain conditions. The City Manager recommends approval of RX-1 zoning, subject to the following conditions.

1. A subdivision plat, in substantial compliance with the preliminary development plan and the Design Compatibility Report and Environmental Resources Report, is to be submitted and approved in accordance with Section 4.1.1 of the LUC, including, but not limited to:

a. Natural Undisturbed Open Space (NUOS) of at least thirty (30) percent of the project, including those areas shown on the preliminary development plan, shall be designated in a surveyable fashion on the plat and addressed in the CC&Rs.

b. Walls and/or fences are not permitted within or crossing any NUOS area.

c. Grading limited to the minimum required for development of the roadway, culvert, building envelopes, and the ponding area berm. The above grading limits shall be included in the CC&Rs.

2. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along Old Spanish Trail as required.

3. The owner/developer shall provide in lieu fees in the amount of one-quarter the cost of seventeen (17) feet of pavement, curb, and sidewalk along the entire frontage of the project. This amount is $10.75 per linear foot.

4. The owner/developer shall negotiate with Pima County Parks and Recreation to determine a fair share contribution for improvements to the Old Spanish Trail Bicycle and Pedestrian Path.

5. A drainage report shall be submitted and approved, including evaluation of off-site and on-site discharges in the small tributary wash. The portion of the floodplain of this wash north of the cul-de-sac shall be designated as natural undisturbed open space (NUOS). If any wall is constructed across the small tributary along the north property line, it shall be designed to ensure that the 100-year floodplain is left undisturbed.

6. A study similar to that required for the Watercourse amenities, Safety and Habitat (WASH) ordinance shall be submitted and approved. The entire resource area of Hidden Hills including tributaries shall be preserved. No walls shall be constructed within the South Tributary of Hidden Hills Wash and its adjacent resources area.

7. All buildings are limited to one-story and a maximum height of 16 feet as measured from the finished floor elevation to the highest point of the roof.

8. All septic tank systems shall be installed at least seventy-five (75) feet from the south tributary of Hidden Hills Wash and fifty (50) feet from the other wash.

9. Water harvesting techniques shall be utilized by first directing all roof runoff to landscape areas prior to releasing them in a sheet flow manner to the washes.

10. A Covenant, Condition, and Restriction (CC&R) shall be attached to any subdivision plat or deed prohibiting the alteration of the proposed Natural Undisturbed Open Space (NUOS) before, during, or after development of the site. This CC&R shall be indicated on any development plan or site plan.

11. 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.

12. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.

13. All areas identified as Natural Undisturbed Open Space (NUOS) or other designated open space shall be fenced off and protected prior to any on-site development activity. Should the development be phased, open space within each phase shall be fenced prior to construction within that phase. Proposed phasing shall be shown on the tentative plat.

14. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.

15. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.

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

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

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

One (1) written approval and ten (10) written protests have been received. All of the protests are within the 150 foot area, representing a 97.5 percent protest by area to the east, a 55.8 percent protest by area to the north and a zero percent protest by area to the south and west.

A three-fourths majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

14. PUBLIC HEARING: ZONING (C9-94-18) SOUTHWEST VALUE PARTNERS - TUCSON BOULEVARD, R-1 TO PI AND I-1, FIVE YEAR TIME EXTENSION AND ORDINANCE ADOPTION

(a) Report from City Manager MARCH5-01-110 WV

(b) Hearing on a request for a five-year time extension for the completion of the rezoning conditions for property located on the northwest and northeast corners of Tucson Boulevard and Bilby Road. Applicant: Mr. Chuck Martin of Rick Engineering, on behalf of the property owner, Southwest Value Partners. The original rezoning case is for the development of a 168 acre industrial park. The original five (5) year Mayor and Council authorization expired on August 7, 2000. The Planning Department and the Zoning Examiner recommend approval of a five-year time extension as requested. The City Manager recommends approval of a time extension to August 7, 2005, and adoption of an ordinance for P-I and I-1 zoning for the entire rezoning site subject to the following conditions. Deleted text is strikethrough, new text is underlined.

Amended 1. An approved development plan, in substantial compliance with the preliminary development plan and Services Impact Report, shall be submitted for review and approval for each individual lot in accordance with Section 5.3.8 of the Land Use Code including, but not limited to:

a. A concept grading plan

ab. Dedication of a 25-foot-wide access and landscape easement, in the form approved by the Department of Transportation, and construction of a 10-foot-wide asphalt path, a handrail, and a landscape buffer within the easement along the Rodeo Wash frontage with the dedication and design of this area to be coordinated with the Pima County Department of Transportation and Flood Control District,

Tucson Parks and Recreation Department, and the City of Tucson Department of Transportation.

bc. Dedication of additional right-of-way for intersection widening per the Major Streets and Routes Plan map for the intersections of Campbell Avenue and Bilby Road and also for Tucson Boulevard and Bilby Road, in the form approved by the Department of Transportation.

Amended 2. A drainage report shall be submitted for review and approval, which addresses compliance with the Floodplain and WASH Ordinances.

3. Owner/developer shall agree to participate in a paving improvement district for Bilby Road, from Campbell Avenue to Country Club Road, and accept an assessment for 24 feet of pavement and the north curb and sidewalk and drainage improvements along the extent of the Bilby Road frontage and shall pass the petition. If the improvement fails, the owner/developer shall improve Bilby Road along the extent of the property frontage (and appropriate transitions) by widening the existing pavement to a minimum of 30 feet in width and constructing the north curb and sidewalk and drainage improvements.

a. Following a successful petition for paving improvements, the City shall prepare design documents and create an improvement district. If the improvement district is unsuccessful, the owner/developer shall be responsible for all design work and construction costs through a private improvement agreement.

b. Separate curb cuts on Bilby Road shall be available for each proposed lot. Unused curb cuts shall be barricaded with the cost of the barricade being borne by the developer.

4. Recordation of subdivision plat.

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

Amended 6. Compliance Five years from the effective date of the adoption of this ordinance to comply with all Code requirements and conditions of rezoning by August 7, 2005.

Added 7. A Category III Traffic Impact Study shall be completed prior to final design of the development. Recommendations of the study shall be implemented, as approved by the City Engineer.

Added 8. Water harvesting techniques shall be utilized by conveying rooftop, parking area access lane (PAAL), and parking area drainage to designated water harvesting areas.

Added 9. 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. In addition, any continuous wall greater than 75 feet in length and 3 feet in height shall be designed with varying wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

Added 10. All outdoor lighting shall be directed down and away from residential parcels and be as low in elevation as possible. Outdoor lighting within 300 feet of residentially developed or zoned parcels shall be no more than sixteen (16) feet high, measured to the light source.

Added 11. 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. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.

Added 12. "Safe by Design" concepts shall be incorporated in the development plan for review by the Tucson Police Department.

Added 13. Outdoor storage areas and noise-generating uses, including but not limited to dumpsters, loading zones, loudspeakers, and guard dogs, shall be located a minimum of one hundred feet from adjacent residential uses and zoning.

Added 14. An entryway theme incorporating landscaping and signage, and including other design elements, such as archways, planters, or tilework, shall be designed and used for all access points into the industrial park.

Added 15. Uses that would interfere with navigation aides, produce smoke emissions or excessive illumination, allow ground petroleum storage or explosives manufacture, or attract birds or other hazards to aircraft shall not be permitted on lots within the Airport Hazard District.

Added 16. The side and rear building facades along major streets and adjacent to residential development or zoning, shall be designed with architectural detailing similar to the front façade.

Added 17. All new construction shall utilize earthtone colors and materials. Brighter colors may be used for accent.

Added 18. The Arizona Game and Fish Department guidelines regarding raptors, bats, Gila monsters, and special status plants and animals shall be followed.

(c) Ordinance No. 9525 relating to zoning: Amending Ordinances 8561, 9494, and 9509, time extension for completion of conditions in Case C9-94-18, Southwest Value Partners - Tucson Boulevard, R-1 to PI and I-1 (Ward 5); and declaring an emergency.

Three (3) approvals and no written protests have been received.

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

15. PUBLIC HEARING: TUCSON CODE AMENDING (CHAPTER 6) PROPOSED ADOPTION OF THE PLUMBING, MECHANICAL AND FUEL GAS CODES (CONTINUED FROM THE MEETING OF FEBRUARY 12, 2001)

(a) Report from City Manager MARCH5-01-113 CITY-WIDE

(b) Hearing

16. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager MARCH5-01-99 CITY-WIDE

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

18. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, March 19, 2001, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.