Past Mayor & Council Agendas
January 13, 1997

Regular Meeting
Consent Agenda

Study Session Agenda:

5 mins.
1. Mayor and Council Discussion of Regular Agenda SS/JAN13-97-21
10 mins.
2. Russell Rhoades Introduction (City-Wide) SS/JAN13-97-20 REPORT/DISCUSSION
5 mins.
3. Request for Civic Event Support for “Martin Luther King Celebration” (City-Wide) SS/JAN13-97-16 REPORT/RECOMMENDATION
5 mins.
4. Request for Funds - Tucson Pop Warner Wildcat Association (City-Wide) SS/JAN13-97-15 REPORT/RECOMMENDATION
15 mins.
5. Policy to be Applied to Future Annexation Areas Near Saguaro National Park East (City-Wide) SS/JAN13-97-23 REPORT/RECOMMENDATION
15 mins.
6. 1996-1997 Water Department Capital Improvement Program Reallocation Hearing (Inside/Outside City) SS/JAN13-97-25 DISCUSSION
5 mins.
7. Mayor and Council Subcommittees Status Reports (City-Wide) SS/JAN13-97-14
5 mins.
8. Mayor and Council Discussion of Future Agendas SS/JAN13-97-22
5 mins.
9. Boards, Committees and Commissions SS/JAN13-97-17
10 mins.
10. Executive Session - Lostutter v. City of Tucson (City-Wide) SS/JAN13-97-18 DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEYS FOR THE CITY OF TUCSON PURSUANT TO A.R.S. 38.431.03 (A) (3)
5 mins.
11. Mayor and Council Direction Regarding Executive Session - Lostutter v. City of Tucson (City-Wide) SS/JAN13-97-19
REPORT/RECOMMENDATION
12. Administrative Action Report and Summary - SS/JAN13-97-24
15 mins.
13. Privatization of the Management of the Water Department (City-Wide) SS/JAN13-97-26 REPORT/DISCUSSION
10 mins.
14. Reconsideration of Requests for Funds - Los Changuitos Feos De Tucson (City-Wide) SS/JAN13-97-27 REPORT/RECOMMENDATION
30 mins.
15. Santa Rita Park Issues (Ward 5) SS/JAN13-97-28 REPORT/RECOMMENDATION

Regular Meeting Agenda

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Dr. David Trask, Church of the Painted Hills
PLEDGE OF ALLEGIANCE - lead by representatives from Boy Scout Troop #109
PRESENTATIONS
(a) Presentation of “Learning Resources Network” Award to the City of Tucson Parks and Recreation Department.

3. CONSENT AGENDA - ITEMS A THROUGH J

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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: CONTINGENCY FUND TRANSFER FOR THE ENVIRONMENTAL HEALTH FOUNDATION “CELEBRITY HOCKEY CHALLENGE”

(a) Report from City Manager JAN13-97-27 CITY WIDE

(b) Resolution No. 17524 relating to finance; approving and authorizing, from Fiscal Year 1996-97, the transfer of two thousand two hundred sixty-five dollars from the contingency fund to organization 001-183-1830-1838, for the Environmental Health Foundation “Celebrity Hockey Challenge.”

5. REAL PROPERTY: VACATION AND SALE OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CUSHING STREET AND EL PASO AVENUE TO ROSALVA SHAAR (EL MINUTO RESTAURANT)

(a) Report from City Manager JAN13-97-29 WVI

(b) Ordinance No. 8800 relating to real property; vacating and declaring certain City property to be surplus property, and authorizing the sale thereof to Rosalva Shaar.

6. PRE-ANNEXATION AND DEVELOPMENT AGREEMENT: WITH ESTES HOMEBUILDING COMPANY IN THE PROPOSED I-10/RILLITO ANNEXATION DISTRICT

(a) Report from City Manager JAN13-97-34 WI

(b) Resolution No. 17526 relating to annexation; authorizing and approving the execution of a pre-annexation and development agreement between the City of Tucson and Estes Homebuilding Company.

7. ANNEXATION AND DEVELOPMENT AGREEMENT: WITH KNAPP PROPERTIES LIMITED PARTNERSHIP AND GRANITE CONSTRUCTION CO. IN THE PROPOSED SUNSET/SANTA CRUZ ANNEXATION DISTRICT

(a) Report from City Manager JAN13-97-37 WI

(b) Resolution No. 17529 relating to annexation; authorizing and approving the execution of an annexation and development agreement between the City of Tucson and Knapp Properties Limited, Gerald S. Knapp, Ellyn K. Wheeler, and Granite Construction Company.

8. PUBLIC HEARING: PROPOSED SUNSET/SANTA CRUZ ANNEXATION DISTRICT

(a) Report from City Manager JAN13-97-35 WI

(b) Hearing

9. PUBLIC HEARING: TUCSON CODE - AMENDING (CHAPTER 6) 1991 UNIFORM HOUSING CODE

(a) Report from City Manager JAN13-97-21 CITY WIDE

(b) Hearing

(c) Ordinance No. 8804 relating to building safety; amending the Uniform Housing Code, 1991 Edition, by providing for minimum cooling standards.

10. PUBLIC HEARING: REALLOCATION OF 1994 WATER REVENUE BOND FUNDING TO FUND OTHER HIGH PRIORITY CAPITAL IMPROVEMENT PROJECTS

(a) Report from City Manager JAN13-97-38 CITY WIDE/OUTSIDE CITY

(b) Hearing

(c) Staff is requesting that Mayor and Council authorize the reallocation of 1994 Water Revenue Bond funding from the Central Avra Valley Storage and Recovery Project (CAVSARP), as well as surplus funds from completed, and nearly completed projects to the Fiscal Year 1996-97 Capital Improvement Program (CIP) Budget to fund other high priority capital projects.

11. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager JAN13-97-28 CITY WIDE

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

13. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, January 27, 1997, at 7:30 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

ADDENDUM TO REGULAR MEETING,
JANUARY 13, 1997

CONSENT AGENDA ITEM NO. 3-B HAS BEEN AMENDED AND ITEM NOS. 3-J(11), 3-J(12), 3-J-(13) AND 3-K THRU 3-P HAVE BEEN ADDED:

B. PROFESSIONAL SERVICES CONTRACT AMENDMENT: WITH PHYSICAL RESOURCE ENGINEERING, INC. FOR SANTA CRUZ RIVER BIKE PATH

(1) Report from City Manager JAN13-97-30 WI

AMENDED (2) Resolution No. 17525 relating to professional services; approving and authorizing execution of Amendment No. Two One to Contract No. 971016 with Physical Resource Engineering, Inc., for additional services for the Santa Cruz River Bike Path.

J. 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 JAN13-97-24(2)

(11) RIALTO FOUNDATION, Applicant: Jeb Bley Schoonover, 201 E. Broadway Blvd., SPECIAL EVENT, City No. T001-97, WVI

(12) RIALTO FOUNDATION, Applicant: Jeb Bley Schoonover, 201 E. Broadway Blvd., SPECIAL EVENT, City No. T002-97, WVI

(13) RIALTO FOUNDATION, Applicant: Jeb Bley Schoonover, 201 E. Broadway Blvd., SPECIAL EVENT, City No. T003-97, WVI

K. PLATS: (C12-96-01) FINAL PLAT - WILMOT VISTA II, LOTS 1 - 145 AND BLOCKS 1 - 6

(1) Report from City Manager JAN13-97-39 WIV

(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.

L. PLATS: (C12-95-25) FINAL PLAT - ALLEN ROAD SUBDIVISION, LOTS 1 THRU 4

(1) Report from City Manager JAN13-97-40 WIII

(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.

M. ZONING: (C9-95-19) 4-D PROPERTIES - WILMOT ROAD, RX-1 TO R-1, PARTIAL ORDINANCE

(1) Report from City Manager JAN13-97-41 WIV

(2) Ordinance No. 8805 relating to zoning: Amending zoning district boundaries in the vicinity of the southeast corner of Wilmot Road and Golf Links Road in rezoning case no. C9-95-19, 4-D Properties - Wilmot Road from RX-1 to R-1; and specifying an effective date.

The City Manager recommends the subject ordinance be adopted.

N. BOARDS, COMMISSIONS AND COMMITTEES: APPOINTMENT OF ED KELLY AND TIANA L. SMITH TO THE CIVIL SERVICE COMMISSION

(1) Report from City Manager JAN13-97-42 CITY WIDE

(2) Resolution No. 17530 relating to the Civil Service Commission; appointing a commissioner; fixing annual compensation.

(3) Resolution No. 17531 relating to the Civil Service Commission; appointing a commissioner; fixing annual compensation.

O. TUCSON CODE: AMENDING (CHAPTER 20) UPDATING CITY TRAFFIC ORDINANCE RELATING TO PARKING RESTRICTIONS AROUND CATALINA AND DEANZA PARKS

(1) Report from City Manager JAN13-97-44 VI

(2) Ordinance No. 8806 relating to motor vehicles and traffic; repealing Ordinance No. 8744 of August 5, 1996, and designating current streets or parts of streets where parking is prohibited during certain hours, pursuant to Section 20-232 of the Tucson Code.

P. MAYOR AND COUNCIL: SELECTION OF VICE-CHAIR

(1) Report from City Manager JAN13-97-46 CITY WIDE

(2) Resolution No. 17532 relating to the vice-chair of the Mayor and Council; selecting a vice-chair.

REGULAR AGENDA ITEM NOS. 12 AND 13 HAVE BEEN ADDED:

12. ZONING: (C9-78-12) MCGINNIS - BROADWAY BOULEVARD, C-1, CHANGE OF APPROVED DEVELOPMENT PLAN

(a) Report from City Manager JAN13-97-43 WII

(b) Request to consider a change of development plan for property located at the northwest corner of Broadway Boulevard and Jessica Avenue. Applicant: Frank Bangs, Jr., Lewis and Roca, on behalf Evergreen Development Co. The site is currently occupied by a 14,500 -square-foot, 2o-foot-high, restaurant (now closed) and 108 parking spaces. The applicant now requests approval for a change of development plan in order to demolish the restaurant and construct a 16,520-square-foot drug store (24 feet in height) with 90 parking spaces. The City Manager recommends approval of the change of the preliminary development plan as presented, subject to the additional rezoning conditions as follows:

3. The final development plan shall be in substantial compliance with the revised development plan presented on January 13, 1997.

4. No more than one vehicular access driveway to Broadway Boulevard and Jessica Avenue. The driveway on Jessica Avenue shall be signed at the exit as “Right Turn Only”.

5. Outdoor lighting shall be shielded, mounted below the height of the screen wall, and directed down and away from adjacent residential development. No illuminated wall signage shall be placed on the north side of the building.

6. Incorporate “Safe by Design” concepts in the development plan, as recommended by the Tucson Police Department.

7. Any existing, required, or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. 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. Enhance the visual appearance of a continuous wall greater than 75 feet in length and 3 feet in height, by varying the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

Four written protests were received at the last public hearing which was held on September 11, 1978. One protest lies within 150 feet representing, an 8 percent protest to the south, and a 7 percent protest to the west.

A simple majority vote will be necessary to approve the proposed change of development plan.

13. ZONING: (C9-87-62) FARNESS - GRANT ROAD, R-1 TO C-1, PARTIAL ORDINANCE

(a) Report from City Manager JAN13-97-45 WII

(b) Ordinance No. 8807 relating to zoning: Amending zoning district boundaries in the vicinity of the northwest corner of Grant Road and Swan Road in rezoning case no. C9-87-62, Farness - Grant Road from R-1 to C-1; and specifying an effective date.

The City Manager recommends the subject ordinance be adopted.

Nine (9) written approvals and thirty-six (36) written protests were reported at the last public hearing held on February 26, 1996. Two (2) protests lie within 150 feet representing an eight (8) percent protest to the north, a zero (0) percent protest to the south and east, and a ten (10) percent protest to the west. No additional protests addressing this particular portion of the development have been received.

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

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

*15. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, January 27, 1997, at 7:30 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

* Renumbered due to the added items.

Consent Agenda:

A. REAL PROPERTY: AUTHORIZING A TRANSMISSION LINE RIGHT-OF-WAY EASEMENT THROUGH CITY-OWNED PROPERTY IN AVRA VALLEY TO ARIZONA ELECTRIC POWER COOPERATIVE, INC.

(1) Report from City Manager JAN13-97-25 OUTSIDE CITY

(2) Ordinance No. 8799 relating to easements; authorizing the granting of a right-of-way easement to Arizona Electric Power Cooperative, Inc.

B. PROFESSIONAL SERVICES CONTRACT AMENDMENT: WITH PHYSICAL RESOURCE ENGINEERING, INC. FOR SANTA CRUZ RIVER BIKE PATH

(1) Report from City Manager JAN13-97-30 WI

(2) Resolution No. 17525 relating to professional services; approving and authorizing execution of Amendment No. Two to Contract No. 971016 with Physical Resource Engineering, Inc., for additional services for the Santa Cruz River Bike Path.

C. COMMUNITY SERVICES: SUBSTITUTION OF PROPERTIES FOR THE SALE OF CITY-OWNED PROPERTY THROUGH THE Metropolitan Housing Commission’s AFFORDABLE Housing Initiative

(1) Report from City Manager JAN13-97-31 CITY WIDE

(2) Ordinance No. 8801 relating to community services; approving and authorizing substitution for two of the five lots in the Metropolitan Housing Commission’s Affordable Housing Initiative.

D. REAL PROPERTY: LEASE AGREEMENT WITH GLENN PROPERTY MANAGEMENT, L.L.C., FOR PROPERTY LOCATED AT FIRST AVENUE AND NAVAJO ROAD

(1) Report from City Manager JAN13-97-32 WIII

(2) Ordinance No. 8802 relating to real property; authorizing and approving the lease of certain City-owned real property to Glenn Property Management, L.L.C.

E. REAL PROPERTY: LEASE AGREEMENT WITH CITY MEAT & PROVISIONS FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 21ST STREET AND CURTIS AVENUE

(1) Report from City Manager JAN13-97-33 WV

(2) Ordinance No. 8803 relating to real property; authorizing and approving the lease of certain City-owned real property to City Meat & Provisions.

F. PUBLIC IMPROVEMENT: FLOWING WELLS ROAD, ROGER ROAD TO MIRACLE MILE DISTRICT SIDEWALK IMPROVEMENT

(1) Report from City Manager JAN13-97-23 WI & WIII

(2) Mayor and Council is requested to direct the City Engineer to prepare project plans, specifications, and cost estimates necessary to establish an improvement district for the proposed Flowing Wells Road, Roger Road to Miracle Mile District Sidewalk Project.

G. PROFESSIONAL SERVICES CONTRACT: WITH GLHN ARCHITECTS AND ENGINEERS, INC., FOR MISCELLANEOUS PROJECTS

(1) Report from City Manager JAN13-97-36 CITY WIDE

(2) Resolution No. 17527 relating to professional services; approving and authorizing execution of a contract with GLHN Architects and Engineers, Inc., for miscellaneous projects.

H. PROFESSIONAL SERVICES CONTRACT: WITH VECTOR ENGINEERING, INC., FOR THE HARRISON LANDFILL FINAL COVER CONSTRUCTION-PHASE I

(1) Report from City Manager JAN13-97-22 WIV

(2) Resolution No. 17528 relating to professional services; approving and authorizing execution of a contract with Vector Engineering, Inc., for the Harrison Landfill Final Cover Construction-Phase I, construction quality assurance services.

I. ASSURANCE AGREEMENT: KENNEDY PARK HILLS SUBDIVISION, LOTS 1 THRU 100 AND COMMON AREAS A THRU E (C12-96-07)

(1) Report from City Manager JAN13-97-26 WI

(2) Resolution No. 17523 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 Kennedy Park Hills Subdivision, Lots 1 - 100 and Common Areas A thru E.

J. 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 JAN13-97-24

(2) TUCSON MUSEUM OF ART (MEN’S ART COUNCIL), Applicant: Karin L. Erickson, 140 N. Main Ave., SPECIAL EVENT, City No. T126-96, WI

(3) TUCSON MUSEUM OF ART, Applicant: Karin L. Erickson, 140 N. Main Ave., SPECIAL EVENT, City No. T123-96, WI

(4) TUCSON MUSEUM OF ART, Applicant: Karin L. Erickson, 140 N. Main Ave., SPECIAL EVENT, City No. T127-96, WI

(5) TUCSON FLOWERS & GIFTS, Applicant: Renee Moses, 4319 E. Broadway Blvd., NEW LICENSE, Series 10, City No. 122-96, WVI

(6) HOUSENKA, JAPANESE, KOREAN RESTAURANT, Applicant: Mi Yang Gurley, 1800 E. Ft. Lowell #116, PERSON TRANSFER, Series 7, City No. 141-96, WIII

(7) KENNEDYS, Applicant: Nealann M. Wallace, 9155 E. Tanque Verde Rd. #177, NEW LICENSE, Series 12, City No. 142-96, WII

(8) EL RODEO RESTAURANT, Applicant: Martin Gomez, 4820 S. 6th Ave., NEW LICENSE, Series 12, City No. 146-96, WV

(9) 22ND ST. PUB, Applicant: Tim R. Lindblad, 4980 E. 22nd St., TEMPORARY EXTENSION OF PREMISES, City No. EP01-97, WVI

(10) CLUB 151, Applicant: Jon E. Phillips, 95 N. Park Ave., PERSON AND LOCATION TRANSFERS, Series 7, City No. 139-96, WVI
RECOMMENDATION FOR DENIAL AND PROTESTS RECEIVED

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Source: City of Tucson
3/28/97