Past Agendas January 27, 1997

MAYOR AND COUNCIL STUDY SESSION
CITY HALL
255 WEST ALAMEDA,
TUCSON, ARIZONA

JANUARY 27, 1997
1:30 P.M.

20 mins. 1. Executive Session - Update of the Status of MDWID Litigation (City-Wide) SS/JAN27-97-36 DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEYS FOR THE CITY OF TUCSON PURSUANT TO A.R.S. 38.431.03 (A) (3) AND DISCUSSION OR CONSULTATION WITH THE ATTORNEYS FOR THE CITY OF TUCSON IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE CITY OF TUCSON’S POSITION IN PENDING OR CONTEMPLATED LITIGATION PURSUANT TO A.R.S. 38.431.03 (A) (4)
5 mins. 2. Mayor and Council Direction Regarding Executive Session - Update of the Status of MDWID Litigation (City-Wide) SS/JAN27-97-37 REPORT/RECOMMENDATION
5 mins. 3. Mayor and Council Discussion of Regular Agenda SS/JAN27-97-33
20 mins. 4. Metropolitan Housing Commission Activity Update (City-Wide) SS/JAN27-97-39 REPORT/DISCUSSION
30 mins. 5. City Court Task Force Report (City-Wide) (Continued from Meeting of 12/16/96) SS/JAN27-97-31 REPORT/RECOMMENDATION
5 mins. 6. Request for Funds - Chicanos Por La Causa, Inc. (Ward 5) SS/JAN27-97-41 REPORT/RECOMMENDATION
10 mins. 7. Restoration of Funds to 1996-97 Contingency Fund (City-Wide) SS/JAN27-97-40 REPORT/RECOMMENDATION
15 mins. 8. Department of Intergovermental Relations Proposed 1997 Legislative Program (City-Wide) SS/JAN27-97-32 REPORT/DISCUSSION
20 mins. 9. Film Marketing Plan (City-Wide) SS/JAN27-97-44 REPORT/RECOMMENDATION
15 mins. 10. Colorado Rockies Spring Training - Parking And Traffic Control Issues (Ward 6) SS/JAN27-97-43 REPORT/RECOMMENDATION
10 mins. 11. Kino Sports Park IGA (City-Wide) SS/JAN27-97-42* DISCUSSION
5 mins. 12. Mayor and Council Subcommittees Status Reports (City-Wide) SS/JAN27-97-35
5 mins. 13. Mayor and Council Discussion of Future Agendas SS/JAN27-97-34
5 mins. 14. Boards, Committees and Commissions SS/JAN27-97-38
*ALSO ON
REGULAR AGENDA
MONDAY, JANUARY 27, 1997
7:30 P.M.
MAYOR AND COUNCIL CHAMBERS
CITY HALL
255 W. ALAMEDA,
TUCSON, ARIZONA

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Dr. Peter Vaught, Desert Skies United Methodist Church

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

PRESENTATIONS

(a) Proclamation - Proclaiming February 1997 to be “African-American History Month”

(b) Presentation of “Learning Resources Network” Award to the City of Tucson Parks and Recreation Department.

3. CONSENT AGENDA - ITEMS A THROUGH I

FOR COMPLETE DESCRIPTION OF ITEMS SEE 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. REAL PROPERTY: VACATION, QUITCLAIM AND EXCHANGE OF CITY-OWNED ALLEY RIGHT-OF-WAY TO THE ARIZONA BOARD OF REGENTS FOR PARKING LOT PURPOSES

(a) Report from City Manager JAN27-97-54 WVI

(b) Ordinance No. 8811 relating to real property; vacating and declaring certain City-owned right-of-way to be surplus, and authorizing the exchange thereof to the Arizona Board of Regents on behalf of the University of Arizona.

5. ZONING: (C9-96-20) STARR PASS DEVELOPMENT - STARR PASS BOULEVARD, SR TO R-1

(a) Report from City Manager JAN27-97-52 WI

(b) Report from Zoning Examiner dated January 3, 1997

(c) Request to rezone two separate areas of property which together total approximately 2.66 acres located approximately 300 feet south of Starr Pass Boulevard and one-quarter mile west of Shannon Road. Applicant: Collins/Pina Consulting Engineers, Inc., on behalf of the property owner, Starr Pass Development. The preliminary development plan proposes 41 single-family, one-and-two-story residences with a maximum height of twenty-four (24) feet, utilizing the Residential Cluster Project (RCP) provision of the Land Use Code. The Planning Department recommends approval of R-1 zoning, subject to the conditions as recommended by the Zoning Examiner. The Zoning Examiner recommends approval of R-1 zoning, subject to conditions. The City Manager recommends adoption of the subject ordinance rezoning the property to R-1 zoning, subject to the following conditions.

1. A subdivision plat/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:

a. All rezoning conditions from rezoning case C9-92-12.

b. All utilities shall be placed underground.

c. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. The 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 plant trees or shrubs in the voids created by the variations.

2. In accordance with rezoning conditions 2.a. and 2.b. of C9-92-12, a landscape plan shall be submitted and approved by the City for the entire proposed 41-lot subdivision. A native and significant plant preservation and salvage plan performed by a qualified arborist or landscape architect shall be included with the landscape plan. The preservation and salvage plan shall include an inventory and classification of existing native and significant plant materials and identify the locations, quantity, and quality of existing on-site vegetation and the disposition of vegetative materials. This shall include which plants are to be preserved in place, which are to be salvaged or removed, in addition to a proposed revegetation plan.

The preservation and salvage plan will also identify: (1) Threatened and/or endangered plant species; (2) Plants listed in Appendix A of the Arizona Native Plant Law; (3) Significant wildlife habitats and corridors, as identified on the Critical and Sensitive Wildlife Habitats of Eastern Pima County Map; and (4) any areas of riparian vegetation. Healthy vegetation that cannot be preserved in-place is to be transplanted on-site or replaced at a 1:1 ratio based on vegetative mass at maturity. All ocotillo are to be preserved in place or salvaged for reuse on site. Any saguaros or other significant vegetation, if healthy, that are not preserved in-place or transplanted on-site must be made available for revegetation within the region. Any large-specimen indigenous trees destroyed during site preparation or construction shall be replaced with either a 48-inch box tree or three 15-gallon trees of the same species. The preservation plan shall specify salvage and transplant procedures, soil preparation, and a maintenance schedule for all relocated plants, including assurances that salvage of saguaro and other cacti shall be performed by a professional using equipment appropriate for the size of the plant being moved. Salvaged and replacement plant materials shall be maintained to assure establishment for a period of three years.

3. An on-the-ground archaeological site survey and inventory shall be conducted for the entire proposed 41-lot subdivision, and the results and mitigation plan shall be provided with the submittal of the tentative subdivision plat. The findings shall also be submitted together with the mitigation plan to the Arizona State Museum, prior to subdivision plat approval.

4. Grading of the site shall adhere to the Mayor and Council interim policy for Differential Grading Adjoining Residential Property. A grading plan shall be submitted for review and processing in accordance with the interim policy. Grading of development parcels shall be limited to within four months of actual construction to preclude the premature grading of parcels that may cause excessive rainwater runoff from sealed soil conditions and dust problems for adjacent neighborhoods. In addition, compliance with the guidelines for the handling of desert wildlife provided by the Game and Fish Department is required.

5. A left-turn lane be constructed on Starr Pass Boulevard at the new roadway into the development with a storage capacity of at least 100 feet.

6. Incorporate “Safe by Design” concepts in the development plan for review by the Tucson Police Department.

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

(d) Ordinance No. 8809 relating to zoning: Amending zoning district boundaries in the vicinity of Starr Pass Boulevard and Shannon Road, in Rezoning Case No. C9-96-20, Starr Pass Development - Starr Pass Boulevard, from SR to R-1.

Five (5) written approvals and seventy-four (74) written protests have been received. None of the approvals or protests are within the 150 foot area, representing a zero (0) percent protest level. Twenty-four (24) protests are outside of the 150 foot area but within the 300 foot notification area and fifty (50) protests are outside of the 300 foot notification area.

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

6. ZONING: (C9-96-18) PETTIS - TUCSON BOULEVARD, P-I TO I-1

(a) Report from City Manager JAN27-97-59 WV

(b) Report from Zoning Examiner dated January 3, 1997

(c) Request to rezone 0.5 acres of located on the property at the west side of Tucson Boulevard approximately 600 feet south of Valencia Road. Applicant: Richard Spreiser of U-Save Auto Rental and Parking, on behalf of the Patricia Pettis Trust. The applicant intends to use an existing building to incorporate a private auto repair business into the current one-story auto rental agency fleet repair and wash facility. Private auto repair is not permitted in P-I zoning which is currently on the site. No changes or additions to the building are proposed. The Planning Department recommends approval of the requested I-1 zoning, subject to the attached conditions. The Zoning Examiner recommends approval of the requested I-1 zoning, subject to certain conditions. The City Manager recommends approval of I-1 zoning, subject to the following conditions.

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. A 10-foot-wide landscape buffer shall be provided along the north rezoning site boundary and incorporate canopy trees spaced a maximum of 25 feet apart. Irrigation shall be provided. Additional proposed landscaping along Tucson Boulevard and within the parking area shall be in compliance with the preliminary development plan.

b. All auto repair services shall be conducted within the enclosed garage.

c. All vehicular access to the rezoning site shall be from the existing driveway and parking lot to the east, as shown on the preliminary development plan.

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

e. Noise-generating uses, such as loading zones and dumpsters locations, shall be located a minimum of 50 feet from the north property boundary. Noise-generating uses shall be screened with masonry walls and landscaping, and shielded from view from the public right-of-way.

2. Incorporate “Safe by Design” concepts in the development plan for review by the Tucson Police Department.

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

4. The owner/applicant is allowed five years to comply with all Code requirements and conditions of rezoning.

No (0) approvals and no (0) protests have been received.

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

7. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FOR THE DELIVERY AND PURCHASE OF RECLAIMED WATER FOR USE AT KINO SPORTS PARK

(a) Report from City Manager JAN27-97-61 CITY WIDE

8. PRE-ANNEXATION AND DEVELOPMENT AGREEMENTS: WITH RIVERBEND PROPERTIES, INC. AND RDBR INVESTMENT AND MANAGEMENT, INC., PROPERTY OWNERS IN THE I-10/RILLITO ANNEXATION DISTRICT

(a) Report from City Manager JAN27-97-62 WI

9. ANNEXATION: I-10/RILLITO ANNEXATION DISTRICT

(a) Report from City Manager JAN27-97-56 WI

(b) Ordinance No. 8795 relating to annexation; extending and increasing the corporate limits of the City of Tucson, Pima County, Arizona pursuant to the provisions of Title 9, Chapter 4, Arizona Revised Statutes, by annexing thereto certain portions of Sections 7, 8, and 17, T. 13 S., R. 13 E., G.&S.R.B.&M., Pima County, Arizona, more particularly described in the body of this ordinance.

10. PUBLIC HEARING: TUCSON CODE (CHAPTER 23) LAND USE CODE AMENDMENT FOR PURPOSE OF CORRECTING OR CLARIFYING VARIOUS SECTIONS

(a) Report from City Manager JAN27-97-50 CITY WIDE

(b) Hearing.

(c) Ordinance No. 8808 relating to planning and zoning; amending the Land Use Code (LUC), Article II, Zones, Division 3, Urban Residential Zones; Division 4, Office Zones; Article III, Development Regulations, Division 2, Development Criteria; Division 3, Motor Vehicle and Bicycle Parking Requirements; Division 5, Performance Criteria; Article IV, Subdivision, Division 1, Generally; Article V, Administration, Division 3, Special Development Applications; Division 4, Procedures, to clarify various sections of the Land Use Code; specifying an effective date.

11. PUBLIC HEARING: TUCSON CODE (CHAPTER 23) AMENDING THE LAND USE CODE RELATING TO WIRELESS COMMUNICATION ANTENNAE

(a) Report from City Manager JAN27-97-58 CITY WIDE

(b) Hearing.

12. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager JAN27-97-55 CITY WIDE

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

14. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on February 3, 1997, at 2:00 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

ADDENDUM TO REGULAR MEETING MONDAY, JANUARY 27, 1997 - 7:30 P.M.

REGULAR AGENDA ITEM NO. 2(b) HAS BEEN RESCHEDULED AND CONSENT AGENDA ITEM NO. 3-H(2) HAS BEEN ADDED:

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Dr. Peter Vaught, Desert Skies United Methodist Church

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

PRESENTATIONS

(a) Proclamation - Proclaiming February 1997 to be “African-American History Month”

RESCHEDULED
(b) Presentation of “Learning Resources Network” Award to the City of Tucson Parks and Recreation Department.

H. BOARDS, COMMISSIONS AND COMMITTEES: ESTABLISHMENT OF A TUCSON GREENS COMMITTEE

(1) Report from City Manager JAN27-97-63(2) CITY WIDE

ADDED (2) Resolution No. 17539 relating to parks and recreation; establishing a Tucson Greens Committee.

Mayor & Council
Consent Agenda
January 27, 1997

7:30 P.M.
MAYOR AND COUNCIL CHAMBERS
CITY HALL,
255 W. ALAMEDA,
TUCSON, ARIZONA

A. PUBLIC IMPROVEMENT: PETITION NO. 51 - TWENTY-EIGHTH STREET, BELVEDERE AVENUE TO SWAN ROAD DISTRICT LIGHTING IMPROVEMENT

(1) Report from City Manager JAN27-97-47 WV

(2) Petition No. 51 - Twenty-Eighth Street, Belvedere Avenue to Swan Road District Lighting Improvement

B. PLATS: (C12-96-30) FINAL PLAT - NELSON MOBILE HOME ESTATES, LOTS 1 THROUGH 9 AND COMMON AREAS A AND B

(1) Report from City Manager JAN27-97-48 WV

(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.

C. GRANT AGREEMENT: WITH ARIZONA CRIMINAL JUSTICE COMMISSION FOR DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM

(1) Report from City Manager JAN27-97-51 CITY WIDE

(2) Resolution No. 17537 relating to grants; approving and authorizing the execution of a grant agreement with the Arizona Criminal Justice Commission for Drug Control and System Improvement Program.

D. INTERGOVERNMENTAL AGREEMENT AMENDMENT: WITH PIMA COUNTY FOR PAYMENT OF OVERTIME - LAW ENFORCEMENT ACADEMY TRAINING STAFF

(1) Report from City Manager JAN27-97-53 CITY WIDE

(2) Resolution No. 17538 relating to law enforcement; approving and authorizing execution of an amendment to the intergovernmental agreement with Pima County for payment of overtime - academy training staff.

E. ZONING: (C9-95-19) 4-D PROPERTIES - WILMOT ROAD, RX-1 TO R-1, R-3, C-1, AND C-2 (SOUTHEAST CORNER OF WILMOT AND GOLF LINKS ROAD)

(1) Report from City Manager JAN27-97-57 WIV

(2) Ordinance No. 8812 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, R-3, C-1, and C-2, and superseding and amending Ordinance No. 8805.

The City Manager recommends that the subject ordinance be adopted.

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

F. APPROVAL OF MINUTES: November 4, 1996

G. ANNEXATION: SAGUARO TRAILS ANNEXATION DISTRICT

(1) Report from City Manager JAN27-97-60 WIV

(2) Ordinance No. 8792 relating to annexation; extending and increasing the corporate limits of the City of Tucson, Pima County, Arizona pursuant to the provisions of Title 9, Chapter 4, Arizona Revised Statutes, by annexing thereto certain portions of Section 1, T. 15 S., R. 15 E., and Sections 5, 6, and 7, T. 15 S., R. 16 E., G.&S.R.B.&M., Pima County, Arizona, more particularly described in the body of this ordinance.

H. BOARDS, COMMISSIONS AND COMMITTEES: ESTABLISHMENT OF A TUCSON GREENS COMMITTEE

(1) Report from City Manager JAN27-97-63 CITY WIDE

I. 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 JAN27-97-49

(2) VAIL EDUCATION FOUNDATION, Applicant: Sean M. Payne, 700 W. Congress St., SPECIAL EVENT, City No. T005-97, WI

(3) RINCON VALLEY FIREFIGHTERS ASSOC., Applicant: Lee A. Antonides, 700 W. Congress St., SPECIAL EVENT, City No. T006-97, WI

(4) ROUNDUP STEAKHOUSE & SALOON, Applicant: Wanda J. Webb, 1527 E. Benson Hwy., PERSON TRANSFER, Series 6, City No. 147-96, WV

(5) TACOS POCO LOCO, Applicant: Michael J. Cotsones, 4500 N. Oracle Rd., #513, NEW LICENSE, Series 12, City No. 148-96, WIII

(6) SAN REMO ITALIAN DINING, Applicant: Susan Benason, 2210 N. Indian Ruins Rd., NEW LICENSE, Series 12, City No. 149-96, WII

(7) QUIK STOP MARKET, Applicant: Ghada Lulu, 1285 E. Prince Rd., PERSON/LOCATION TRANSFERS, Series 9, City No. 151-96, WIII

(8) BROOKLYN PIZZA COMPANY, Applicant: Anthony N. Vaccaro, 534 N. 4th Ave., PERSON/LOCATION TRANSFERS, Series 7, City No. 152-96, WVI

(9) DIAMOND SHAMROCK ARIZONA, Applicant: Scot A. Williamson, 9520 E. 22nd St., NEW LICENSE, Series 10, City No. 155-96, WII

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

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Source: City of Tucson
3/28/97