Mayor and Council Past Agendas

MAYOR AND COUNCIL STUDY SESSION AGENDA

Mayor and Council
Study Session Agenda

MAYOR AND COUNCIL CHAMBERS - CITY HALL, 255 W. ALAMEDA
March 25th, 2002
***1:30 p.m.***

MAYOR AND COUNCIL REGULAR AGENDA

MONDAY, MARCH 25, 2002 - 7:30 P.M.

MAYOR AND COUNCIL CHAMBERS

(CITY HALL, 255 WEST ALAMEDA, TUCSON, ARIZONA)

1. ROLL CALL

INVOCATION - Pastor Allen Franzke, Desert Valley 7^th Day Adventist Church

PLEDGE OF ALLEGIANCE - Led by Girl Scout Troop 234

1. Report from City Manager MARCH25-02-159 CITY-WIDE

4. CALL TO THE AUDIENCE:

At this time, any member of the public is allowed to address the Mayor and City Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the City Manager to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "call to the audience."

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.

1. Report from City Manager MAR25-02-160

(b) LIQUOR LICENSE APPLICATION(S)

New License(s)

(1) GREEN FROG RESTAURANT Staff Recommendation

509 N. 4^th Avenue

Applicant: Miroslav Urban Police: DENIED

City #013-02, located in Ward 6 Planning: In Compliance

Series #12 Business License: In Compliance

Action must be taken by: April 1, 2002

Public Opinion: PROTEST FILED

(2) SUNRISE OIL #4 Staff Recommendation

1850 E. Prince Road

Applicant: Fidel E. Rodriguez Police: In Compliance

City #014-02, located in Ward 3 Planning: In Compliance

Series #10 Business License: DENIED

Action must be taken by: April 7, 2002 (TAXES DUE AND UNPAID)

NOTE: State law provides that a new license, "In all proceedings before the governing body of a city…the applicant bears the burden of showing that the public convenience requires and that the best interest of community will be substantially served by the issuance of a license". (A.R.S. Section 4-201)

Person Transfer(s)

(3) TIKI BOB'S CANTINA Staff Recommendation

296 N. Stone Avenue

Applicant: Randy D. Nations Police: DENIED

City #011-02, located in Ward 6 Planning: In Compliance

Series #6 Business License: In Compliance

Action must be taken by: March 26, 2002

(CONTINUED FROM THE MAYOR AND COUNCIL MEETING OF MARCH 18, 2002)

NOTE: For a person to person transfer, the state liquor board will not hold a hearing to consider a protest of location or permit testimony against the location at a hearing scheduled to evaluate the personal qualification of the applicant.

(c) Special Event(s)

(1) CASA (COURT APPOINTED Staff Recommendation

ADVOCATES FOR CHILDREN)

5151 E. Grant Road

Applicant: Roberta J. Falbaum Police: In Compliance

City #T023-02, located in Ward 2 Planning: In Compliance

Date of Event: April 13, 2002

(2) TUCSON BREAKFAST LIONS CLUB Staff Recommendation

4823 S. 6^th Avenue

Applicant: Raymond J. McKee Police: In Compliance

City #T027-02, located in Ward 5 Planning: In Compliance

Date of Event: April 5, 2002 Parks & Recreation: In Compliance

April 6, 2002

(3) SOUTH TUCSON LIONS . Staff Recommendation

4823 S. 6^th Avenue

Applicant: Fernando Acevedo Police: In Compliance

City #T028-02, located in Ward 5 Planning: In Compliance

Date of Event: March 31, 2002 Parks & Recreation: In Compliance

(d) Extension of Premises

(1) OLD CHICAGO Staff Recommendation

2960 N. Campbell Avenue

Applicant: John A. Coletta Police: In Compliance

City #EP07-02, located in Ward 3 Planning: In Compliance

Type: Temporary Extension

Date of Event: April 13, 2002

(2) KICKSTART GRILL Staff Recommendation

8987 E. Tanque Verde Road

Applicant: John W. Fahlberg Police: In Compliance

City #EP10-02, located in Ward 2 Planning: In Compliance

Type: Temporary Extension

Date of Event: April 5, 2002

May 3, 2002

1. Report from City Manager MARCH25-02-157 CITY-WIDE
2. Resolution No. 19160 relating to city facilities and downtown development; approving the activities of Rio Nuevo Multipurpose Facilities District and the proceedings for the execution and delivery of Certificates of Participation in a lease purchase agreement; authorizing the execution and delivery of a Certificate Purchase Agreement, continuing disclosure undertaking and sublease agreement relating thereto; approving the proceedings for the refunding of certain of Business Development Finance Corporation's Tucson Local Development Lease Revenue Refunding Bonds, Series 1992; approving and authorizing the execution and delivery of an amendment to the amended and restated lease relating to such refunding; and declaring an emergency.

The City Manager recommends that the Mayor and Council approve and authorize the resolution for the execution and delivery of the sublease agreement between the District and City of Tucson for the sublease of the TCC and the execution and delivery of other documents relating to the 2002 Certificates as reflected in the attached resolution.

8. ZONING: (C9-00-26) GORMALLY - GRANT ROAD, R-1 TO O-1, ORDINANCE ADOPTION

1. Report from City Manager MARCH25-02-163 WIII
2. Request to rezone property on the southeast corner of Cherry Avenue and Grant Road, from R-1 to O-1. The applicant is Eric P. Gormally. The approved development plan is for the conversion of an existing 1900 square foot residence to a medical office. The City Manager recommends approval of the ordinance.
3. Ordinance No. 9688 relating to zoning: amending the zoning district boundaries in the area located at the southeast corner of Cherry Avenue and Grant Road in Case C9-00-26, Gormally - Grant Road, R-1 to O-1; and setting an effective date.

Three written approvals and three written protests have been received for this case. Two of the protests lie within the 150 foot protest area resulting in a protest by area of 17.08 percent to the west, 4.21 percent to the south, and zero percent to the north and east.

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

(a) Report from City Manager MARCH25-02-173 WVI

(b) An appeal of the Planning Director's decision of January 17, 2002, granting conditional approval to build frame and stucco construction consisting of 23 units of new single family, duplex and condominium development finding that the exterior design complied with established design criteria. On January 24, 2002, an appeal was filed by the West University Neighborhood Association, Inc., and an appeal was filed by the West University Historic Zone Advisory Board on January 30, 2002. The appeals were filed on the basis of contending that the building materials should be masonry and stucco.

The City Manager recommends that the Planning Director's decision be upheld.

10. ZONING: (C9-01-23) PEPPER-VINER - SPEEDWAY BOULEVARD, RX-1 TO R-1, ZONING EXAMINER'S REPORT (CONTINUED FROM THE MEETING OF FEBRUARY 25, 2002)

(a) Report from City Manager MARCH25-02-174 WII

1. Report from City Manager MARCH25-02-165 WII
2. Hearing on a request to modify the approved conditions of rezoning and change the preliminary development plan for property located northwest of the corner of Broadway Boulevard and Harrison Road. The applicant is Dick Walbert of the Planning Center. The revised preliminary development plan is for 17 one and two-story single units.

The City Manager recommends approval of the requested change of conditions and preliminary development plan, and R-1 zoning in lieu of the authorized R-2 zoning, subject to certain conditions.

Revised recommended conditions based on the requested change of preliminary development plan are provided below. Within the text of the conditions, deleted text is strikethrough, new text is underlined.

1. A development plan, in substantial compliance with the Preliminary Development Plan (labeled "Exhibit II.F.1"), Design Compatibility Report and Environmental Resource 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 maximum building height of twenty-two (22) feet with varied rooflines.

b. Rooftop equipment shall be screened from view using parapet walls or similar treatments.

c. Any structure within fifty (50) feet of the north boundary shall be restricted to one (1) story.

d. Balconies on the north row of structures shall be oriented to preserve the privacy of the residential area to the north. North facing windows within sixty (60) feet of the north property line shall have a minimum sill height of sixty (60) inches.

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

3. The owner/developer shall widen Harrison Road at the proposed access opening to provide for a southbound deceleration lane.

4. The access opening to the proposed development shall align with the existing access opening of the development on the opposite side of Harrison Road.

5. A Category I Traffic Impact Study shall be provided to include the impacts of the site at the access drive opening at Harrison Road and at the intersection of Broadway and Harrison Road.

6. In lieu fees shall be required to cover the cost of seventeen (17) feet of pavement, curb, and sidewalk along the entire Harrison Road frontage of the project.

7. A drainage report shall be submitted for review and approval, including retention/detention calculations/requirements and a detailed hydrology/hydraulics report for Hidden Hills Wash.

8. The drainage easement along the south property line shall include an access/maintenance easement acceptable to the City Engineer.

9. The fifty (50) foot resource area along Hidden Hills Wash shall be set aside and preserved with no masonry walls constructed within it.

1. The owner/developer shall contribute twenty-five (25) percent of the cost of the structure under Broadway Boulevard for the Hidden Hills Wash.

11. The retention/detention area shall be revegetated for use as a recreational area.

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

13. A minimum ten (10) foot wide landscape buffer with canopy trees shall be provided adjacent to the street right-of-ways and along the north property line.

14. 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.

15. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible.

16. All new dumpsters shall be placed at least fifty (50) feet from any other residentially zoned property. Installation of the two proposed 36 inch pipes in the northwest portion of the site shall be conducted in such a manner as to minimize further disturbance of the wash banks and vegetation. The vegetation and wash banks in the disturbed area shall be restored to the predevelopment condition.

17. 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.

18. All areas identified as natural or undisturbed open space shall be fenced off and protected prior to any on-site development activity.

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

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

21. All transplantable trees and cacti that cannot be preserved in place shall be used to revegetate the denuded areas along Hidden Hills Wash.

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.

1. Five years are allowed in which to comply Compliance with all Code requirements and conditions of rezoning by October 2, 2005.
2. All areas identified as Natural Undisturbed Open Space (NUOS) shall be fenced prior to grading.

26. If the street cross-section does not allow parking on at least one side of the street, a minimum of eight (8) off street guest parking shall be provided.

27. The location of any "No Parking" signs shall be disclosed by a note on the final plat and shall be shown on the tentative plat.

Three (3) written approvals and 14 written protests have been received. Four (4) of the protests are within the 150 foot area, representing a 7.97 percent protest by area to the north, a 7.30 percent protest by area to the west, and zero percent by area to the south and east.

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

(a) Report from City Manager MARCH25-02-166 WII

1. Hearing on a request to modify the approved conditions of rezoning including the preliminary development plan for property located 300 feet west-northwest of the intersection of Swan Road and La Cienega Street. The revised preliminary development plan is for 7,500 square feet of one and two-story offices. The applicant is Robert Page. The City Manager recommends the Mayor and Council approve the requested change of condition and preliminary development.
2. Ordinance No. 9689 relating to zoning: amending conditions of rezoning in the area located 300 feet west-northwest of the intersection of Swan Road and La Cienega Street in Case Co9-85-100, La Cienega - Swan Road; and declaring an emergency.

The approvals and protests from the 1985 County rezoning case are not available. The protest calculation has legal significance only for rezoning ordinances, it does not apply to this request for a change of conditions.

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

1. Report from City Manager MARCH25-02-171 CITY-WIDE
2. Hearing
3. The City Manager recommends that Mayor and Council direct staff to return with a resolution adopting the FY 2003 Public Housing Agency Plan.

(a) Report from City Manager MARCH25-02-158 CITY-WIDE

At this time, any member of the public is allowed to address the Mayor and City Council on any issue. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the City Manager to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "call to the audience."

The next scheduled meeting of the Mayor and Council will be held on Monday, April 1, 2002, at 2:00 p.m. in the Mayor and Council Chambers, 255 W. Alameda, Tucson, Arizona.

MAYOR AND COUNCIL CONSENT AGENDA

City Clerk's Office | Current Agenda