MAYOR AND COUNCIL PAST AGENDAS

MAYOR AND COUNCIL STUDY SESSION AGENDA

CITY HALL, 255 WEST ALAMEDA, TUCSON, ARIZONA
September 10, 2001
*** 1:30 p.m. ***

INVOCATION - Pastor Roger Stogsdill, First Brethren Church.

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

PRESENTATION

(a) Certificate of Recognition to the University of Arizona Women’s Softball Team for the "2001 National Champions NCAA Women’s College World Series".

(a) Report from City Manager SEPT10-01-493 CITY-WIDE

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

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.

(a) Report from City Manager SEPT10-01-495

(b) LIQUOR LICENSE APPLICATION(S)

New License(s)

(1) 3^rd BASE BAR & GRILL
6255 E. Golf Links Road
Applicant: Ralph E. Pope
City #082-01, located in Ward 4
Series #6 Action must be taken by: September 29, 2001


Staff Recommendation
Police: In Compliance
Planning: In Compliance
Business License: In Compliance


(2) MARISCOS LA PALAPA
5053 S. 12^th Avenue
Applicant: Annette P. Ruiz
City #083-01, located in Ward 5
Series #12
Action must be taken by: October 1, 2001


Staff Recommendation
Police: In Compliance
Planning: In Compliance
Business License: In Compliance


(b)SPECIAL EVENTS

(1) SANTA RITA EXCHANGE CLUB
3700 S. La Cholla Blvd.
Applicant: Richard D. Medran
City #T081-01, located in Ward 1
Date of Event: September 23, 2001

Staff Recommendation
Police: Review not complete
Planning: In Compliance
Parks and Rec.: In Compliance


(2) ORTS THEATRE OF DANCE
63 E. Congress Street
Applicant: Ann F. Bunker
City #T085-01, located in Ward 6
Date of Event: September 21, 2001


Staff Recommendation
Police: Review not complete
Planning: In Compliance


(d) PERMANENT/TEMPORARY EXTENSION OF PREMISES

(1) FEAST
4122 E. Speedway Blvd.
Applicant: Douglas M. Levy
City # EP50-01, located in Ward 6
Type: Permanent Extension


Staff Recommendation
Police: In Compliance
Planning: In Compliance

7. WATER: AUTHORIZATION FOR THE CITY TO ENTER INTO A COST SHARING AGREEMENT FOR TRES RIOS DEL NORTE FEASIBILITY STUDY

(a) Report from City Manager SEPT10-01-503 WARD I & OUTSIDE CITY

8. PUBLIC HEARING: PROPOSED INCREASE TO CERTAIN WATER RATE COMPONENTS AND FEES

(a) Report from City Manager SEPT10-01-500 CITY-WIDE & OUTSIDE CITY

(b) Hearing

(c) Ordinance No. 9604 relating to water; amending portions of the Tucson Code, Chapter 27; Article II, Rates and Charges: Section 27-31, Definitions; Section 27-32.1, Monthly Reclaimed Water Service Charges; Section 27-33, Monthly Potable Water Service Charges; Section 27-34, Charges for Fire Protection Service; and declaring an emergency.

9. PUBLIC HEARING: TUCSON CODE - AMENDING (CHAPTER 7) RELATING TO THE REGULATION AND ENFORCEMENT OF DANCE HALLS

(a) Report from City Manager SEPT10-01-499 CITY-WIDE

(b) Hearing

(c) Ordinance No. 9585 relating to businesses regulated; regulating dance halls; amending definitions; amending exceptions to license requirement; amending penalty for operation of dance hall without a license; amending application procedures; providing fee waiver for non-profit organizations; amending grounds for denial of license; requiring posting of license and occupant load card; amending grounds for revocation of license; amending age restrictions; amending designation of location supervisors; amending requirements for notification of hours of operation; prohibiting operation during certain hours; amending prohibited activities and additional responsibilities of licensee; amending penalties and declaring violations a nuisance; providing for administrative assessment; providing authority to Chief of Police to enforce provisions of the Article; providing severability; and declaring an emergency; by amending Chapter 7, Article XV, Sections 7-350, 351, 352, 353, 354, 355, 356, 358, 359, 360, 361, 362, 363, and 364, and creating Sections 7-366 and 367.

(a) Report from City Manager SEPT10-01-492 WII

(b) Hearing on a request for a five-year time extension for the completion of rezoning conditions for property located at the northwest corner of Camp Lowell Drive and Swan Road. Applicant: Gerald Hirsch, on behalf of the current property owner Lucy Levis. A second request, for a change of preliminary development plan, is made by Stewart Jean on behalf of the prospective property owner, Park West Development. The preliminary development plan is for an 88,833 square foot shopping center on 10.39 acres. An ordinance adoption for this case is also scheduled, as Item 11, on today's agenda if the Mayor and Council approve the time extension and change of preliminary development plan. The Planning Department recommends approval of the requested five-year time extension and change of preliminary development plan subject to certain conditions. The City Manager recommends approval of the requested five-year time extension and change of preliminary development plan, subject to compliance with the following conditions. (Added or amended conditions are noted in the left margin. Within the conditions new text as adopted by the Mayor and Council December 11, 2000, is underscored, deleted text is strikethrough. New text added since December 11, 2000 is double underscored, see conditions 17, 20, 21, and 22.)

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

a. The building exterior color, texture, and design shall be consistent with the guidelines outlined in the Design Review Guidelines of the Fort Lowell Historic District of the City of Tucson, December 3, 1992.

b. The development plan shall include an internal pedestrian and bicycle circulation system that is also connected to public facilities, such as the public road system and the owner/applicant shall provide public access to the Rillito Creek Liner Park from the public sidewalk on the Swan Road right-of-way. The owner/developer shall dedicate an easement and shall construct improvements for such public access at a location approved by the City Engineer and the Pima County Flood Control District. If the existing easement through the development for Pima County maintenance is sufficient to provide such public access, the City Engineer may accept it.

c. The development plan shall demonstrate how architectural elements are compatible with existing residential land uses, using the following techniques

(1) West-facing balconies on, and upper-story windows, in buildings within 150 feet of the west property line shall be located to protect the privacy of adjacent residential uses.

(2) A variety of rooflines are to be incorporated in the development to break up building mass where building heights are in excess of 20 feet.

d. All one-story units limited to 14 feet in height.

e. All two-story units limited to 26 feet in height.

f. The northern 4.7-acre portion of the rezoning site adjacent to the Creekside II subdivision is limited to a maximum of 62 units and 13.2 units per acre, as shown on the revised preliminary development plan dated October 24, 1995.

g. A minimum 75-foot landscape/drainage area along the west property line adjacent to Creekside II residences. Landscape plan for this area to be reviewed by the five adjacent property owners and the President of the Creekside II Homeowners Association. A minimum building and vehicular use area setback of 50 feet is required in all other areas along the west property line, unless drainageway and landscaping buffers can be accommodated in less area, but in no case less than 25 feet.

h. One-story units adjacent to the Creekside II subdivision located a minimum of 75 feet from the west property line with the parking lot located to the east of the one-story units, as shown on the revised preliminary development plan dated October 24, 1995.

i. Two-story units directly to the east of the Creekside II subdivision located a minimum of 250 feet from the west property line, as shown on the revised preliminary development plan dated October 24, 1995.

1. A minimum 75-foot landscape buffer between the Creekside II subdivision and parking areas outside the northern 4.7 acre portion of the rezoning site.
2. A minimum of 150-foot setback between the Creekside II subdivision and the two-story units outside the northern 4.7 acre portion of the rezoning site.

l. A minimum 30-foot building setback is required from the future north property boundary (after linear park dedication). The only permitted use in this area is a pedestrian/bicycle path and landscaping. Any existing Cottonwood trees within this area shall be preserved in place. No parking area or driveway is permitted. This area must be landscaped with native riparian vegetation as shown on the preliminary development plan.

m. Outdoor storage areas or dumpsters shall not be located within 50 feet of the west property line.

1. The installation of a minimum five-foot-high, graffiti-resistant, masonry wall along the western perimeter of the site with a five-foot-wide landscaped area on the west side of the wall and a twenty-foot-wide landscaped area on the east side of the wall as shown on the preliminary development plan. Utilize a combination of the following features that are consistent with the color and finish of the other structures on the site in the design of the wall.

(1) Decorative materials (e.g., tile, stone, brick, adobe, or wood), textured covering materials (e.g., stucco or plaster), or a combination of two or more materials.

(2) Colors that are predominant in the natural desert landscape.

(3) Variations in wall alignment, such as jogs, curves, or notches.

o. An on-the-ground archaeological site survey shall be conducted prior to approval of a development plan. Results shall be provided with the submittal of the development plan. If archeological remains are discovered, an archeological mitigation plan shall be submitted with the development plan.

1. Incorporate "Safe by Design" concepts in the development plan, as approved through a Tucson Police Department review.

2. A landscape plan shall be submitted which includes a vegetation inventory that shows/explains how existing vegetation on site will be addressed. This landscaping plan shall include a balanced mix of canopy trees and understory plants, such as shrubs and ground cover. Perimeter canopy trees planted next to abutting residential uses or zones should reach 50 percent of their mature growth within two growing seasons and should be placed at intervals that ensure the canopies will touch at maturity. When site conditions permit, preserve or relocate trees that have a caliper of four inches or greater and mature native vegetation, such as saguaro, ocotillo, and barrel cacti. When site conditions do not allow such preservation or relocation, replace with trees or mature native vegetation of comparable size and density. The landscape edge along the Rillito Creek shall emphasize riparian vegetation.

3. All lighting shall be shielded and directed away from adjacent uses.

4. Grading of development parcels shall be limited to within four months of actual construction to protect wildlife habitats and to preclude the premature grading of parcels that may cause excessive rainwater runoff from sealed soil conditions. In addition, compliance is required with the guidelines for the handling of desert wildlife provided by the Game and Fish Department.

Amended 5. A drainage report is required which addresses acceptance of flows which cross the property from south to north at the Venice Avenue alignment. Prepare and submit for approval a detailed drainage report which addresses detention/retention and 5-year threshold retention. The twenty feet wide retention/detention area shown at the west property line may not be sufficient to detain/retain developed runoff plus offsite flows entering the site from Swan Road and Camp Lowell Road.

Amended 6. Dedication of right-of-way, per the current MS&R Plan along is required of a 90-foot right-of-way for Fort Lowell Road together with a 100-foot radius spandrel right-of-way at the northwest corner of Fort Camp Lowell Road Drive and Swan Road, as required.

7. Vehicular access shall be limited to five points along Swan Road and five points along Fort Lowell Road (three points on the north side and two points on the south side). Access to Swan Road is permitted south of Fort Lowell Road only with a deceleration lane. The nearest vehicular access point should be a minimum of 150 feet from the street corner.

8. The applicant/property owner is to participate in the Paving Improvement District for Fort Lowell Road and accept an assessment for 24 feet of permanent paving, the curb, and the sidewalk along the north and south project frontages. In addition, the applicant/property owner will be required to provide an additional 12 feet of pavement, the curb and the sidewalk on Fort Lowell Road. No building permits for the C-1 portion of this rezoning case shall be issued until these roadway improvements for Fort Lowell Road are complete.

9. Building permits for the residential portion of the project shall not be issued until such time as this portion of the Rillito Creek bank protection project is completed or setbacks in compliance with the Floodplain and Erosion Hazard District regulations are provided.

10. The owner/applicant is to improve Swan Road by adding 6 feet of additional pavement, new curb, and a 4-foot-wide sidewalk on the west side of Swan Road.

11. 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 12. Compliance Five years are allowed to comply with all Code requirements and conditions of rezoning by January 8, 2006.

Added 13. Water harvesting techniques shall be used by first directing the roof and parking area drainage to designated landscape areas prior to release of the outflows at the northwest corner of the site. Design and construction of adequate drainage schemes will be provided to safely handle outflows from detention/retention basins.

Added 14. Provide drainage improvements along the west side of the property to direct the outflow from this development to a logical point of discharge, consistent with City of Tucson drainage standards and regulations.

Added 15. The rear and side facades of all buildings within the shopping center shall be designed consistently with the proposed design of the front façade. Detailed elevations in substantial compliance with the preliminary elevations shall be submitted at the time of development plan review by CDRC.

Added 16. A wall at least eight (8) feet high, measured from the loading dock floor elevation, is required for the two loading docks on the west side of the main building.

Added 17. Delivery hours for the main building limited to 7am to 7pm. Delivery hours for the balance of the site limited to 6am to 10pm. Delivery trucks shall not be parked within 300 feet of on the west or north side of the site during non-delivery hours.

Added 18. Landscaping along Swan Road shall be consistent with the residential development to the north.

Added 19. Provide a Traffic Impact Study Category II report, with a study horizon including both the opening year and five years after opening, for acceptance by the Traffic Engineering Division. The developer shall be responsible for completion of improvements to Swan Road and Camp Lowell Drive identified in the report.

Added 20. A wall at least eight (8) feet high shall be provided along the north property line.

Added 21. Canopy trees shall be planted 25 feet on center along the north property line. A minimum of five (5) of the canopy trees shall be 24-inch boxed trees.

Added 22. Lighting within 150 feet of the north property line shall be directed downward and mounted no higher than sixteen (16) feet measured to the light source. All other lighting shall be directed downward and mounted no higher than 22 feet, measured to the light source. All lighting shall be shielded to prevent direct spillover lighting of areas adjacent to the rezoning site. The applicant shall submit a photometric study demonstrating compliance with the above.

Two (2) written approvals and 44 written protests have been received in this case. The protests represent a six (6) percent protest by area to the west, and zero percent by area to the north, south, and east.

A simple majority vote of the Mayor and Council will be necessary to approve the proposed changes.

(a) Report from City Manager SEPT10-01-502 WII

(b) Request to rezone property located on the northwest corner of Camp Lowell Drive and Swan Road, from SR to C-1. Applicant: Ed Roll, on behalf of Park West Development. The approved development plan is for a 86,833 square foot shopping center on 10.39 acres. The City Manager recommends adoption of the ordinance presented only if the change of conditions and time extension, scheduled to be considered under Item 10 on today’s agenda, have been approved without modifications.

(c) Ordinance No. 9607 relating to zoning: amending zoning district boundaries in the area located at the northwest corner of Camp Lowell Drive and Swan Road in Case C9-95-21, Levis - Swan Road, SR to C-1 (Ward 2)

Two (2) written approvals and 44 protests have been received for this case. The protests represent a six (6) percent protest by area to the west, and zero percent by area to the north, south, and east.

A simple majority vote will be necessary to adopt the ordinance presented.

(a) Report from City Manager SEPT10-01-498 CITY-WIDE

(b) Hearing

(c) Ordinance No. 9606 relating to advertising and outdoor signs; extending by four years the expiration of the Temporary Sign (A-Frame) Regulations currently found in Section 3-62 of the Tucson Sign Code by amending Section 6 of Ordinance No. 9128; and providing for review in three years.

(a) Report from City Manager SEPT10-01-494 CITY-WIDE

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

The next scheduled meeting of the Mayor and Council will be held on Monday, September 17, 2001, at 2:00 p.m. in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.

CONSENT AGENDA

MONDAY, SEPTEMBER 10, 2001 - 7:30 P.M.

MAYOR AND COUNCIL CHAMBERS

(CITY HALL, 255 W. ALAMEDA, TUCSON, ARIZONA)

5. CONSENT AGENDA - ITEMS A THROUGH D

A. TUCSON CODE: AMENDING (CHAPTER 10) RELATING TO THE FY 2002 CITY EMPLOYEE POSITION COMPENSATION PLAN

(1) Report from City Manager SEPT10-01-491 CITY-WIDE

(2) Ordinance No. 9603 relating to compensation plan; adding salary designations for classifications; implementing Tucson Code Section 10-31; and declaring an emergency.

B. GRANT-IN-AID APPLICATION: WITH THE ARIZONA STATE LIBRARY, ARCHIVES AND PUBLIC RECORDS TO IMPROVE LIBRARY SERVICES

(1) Report from City Manager SEPT10-01-496 CITY-WIDE

(2) Resolution No. 19008 relating to library; approving and authorizing the Grant-in-Aid application and Conditions of Award for the Arizona State Library, Archives, and Public Records, in the amount of $25,000; and declaring an emergency.

C. GRANT-IN-AID APPLICATION: WITH THE ARIZONA STATE LIBRARY, ARCHIVES AND PUBLIC RECORDS TO IMPROVE LIBRARY SERVICES

(1) Report from City Manager SEPT10-01-497 CITY-WIDE

(2) Resolution No. 19009 relating to library; approving and authorizing the Grant-in-Aid application and Conditions of Award for the Arizona State Library, Archives, and Public Records, in the amount of $27,751; and declaring an emergency.

D. TUCSON CODE: AMENDING (CHAPTER 4) ANIMALS AND FOWL REGARDING PROCESS FOR IMPOUNDING UNLICENSED DOGS

(1) Report from City Manager SEPT10-01-501 CITY-WIDE

(2) Ordinance No. 9605 relating to animals and fowl; regulating impounding unlicensed dogs; amending Chapter 4, Article V, Section 4-98 of the Tucson Code; and declaring an emergency.

Copyright City of Tucson.