MAYOR AND COUNCIL
STUDY SESSION AGENDA

FEBRUARY 24, 1997

****12:00 NOON****

5 mins. 1. Mayor and Council Discussion of Regular Agenda SS/FEB24-97-89
20 mins. 2. Executive Session - Update of Status of MDWID Litigation (City-Wide) SS/FEB24-97-102 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. 3. Mayor and Council Direction Regarding Executive Session - Update of the Status of MDWID Litigation (City-Wide) SS/FEB24-97-103 REPORT/RECOMMENDATION
10 mins. 4. Executive Session - Aili Nolan v. City of Tucson (City-Wide) SS/FEB24-97-92 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. 5. Mayor and Council Direction Regarding Executive Session - Aili Nolan v. City of Tucson (City-Wide) SS/FEB24-97-93 REPORT/RECOMMENDATION
2 hrs. 6. Proposed Five-Year Capital Improvement Program, Fiscal Years 1997-1998 Through 2001-2002 (City-Wide) (Supplemental Information) SS/FEB24-97-99 REPORT/DISCUSSION
7. Report From Citizens Bond Project Oversight Committee (City-Wide) SS/FEB24-97-100 REPORT/DISCUSSION
10 mins. 8. Request for Funds - Wheeler Elementary School (City-Wide) SS/FEB24-97-101 REPORT/RECOMMENDATION
20 mins. 9. TARP In-Channel Recharge Pilot Proposal (City-Wide) SS/FEB24-97-90 REPORT/RECOMMENDATION
30 mins. 10. Foreign Trade Zone Update (City-Wide) SS/FEB24-97-96 REPORT/DISCUSSION
10 mins. 11. MacBride Principles - Annual Report from Finance Director Regarding U.S. Corporations’ Operations in Northern Ireland (City-Wide) SS/FEB24-97-97 REPORT/RECOMMENDATION
15 mins. 12. Legislative Matters (City-Wide) SS/FEB24-97-91 REPORT/DISCUSSION
20 mins. 13. Update of Effectiveness of 791-4444 (City-Wide) SS/FEB24-97-94 REPORT/DISCUSSION
5 mins. 14. Mayor and Council Subcommittees Status Reports (City-Wide) SS/FEB24-97-88
5 mins. 15. Mayor and Council Discussion of Future Agendas SS/FEB24-97-95
5 mins. 16. Boards, Committees and Commissions SS/FEB24-97-98

Mayor & Council
Regular Meeting Agenda

MONDAY, FEBRUARY 24, 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 - Father Anthony Moschonas, St. Demetrios Greek Orthodox Church

PLEDGE OF ALLEGIANCE - led by a representatives from Vision Youth

3. CONSENT AGENDA - ITEMS A THROUGH N

FOR COMPLETE DESCRIPTION OF ITEMS
CLICK HERE 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. WATER: AGREEMENT TO PURCHASE THUNDERHEAD WATER COMPANY

(a) Report from City Manager FEB24-97-98 OUTSIDE CITY

(b) Resolution No. 17555 relating to water; authorizing the execution of an agreement to purchase the Thunderhead Water Company.

5. TUCSON CODE: AMENDING (CHAPTER 29) ENERGY AND ENVIRONMENT BY extending the SUNSET DATE OF THE LANDFILL DEVELOPMENT ORDINANCE TO SEPTEMBER 16, 1997

(a) Report from City Manager FEB24-97-103 CITY WIDE

(b) Ordinance No. 8825 relating to development and environment; amending Chapter 29 of the Tucson Code by amending Section 29-27 and Ordinance No. 8756 extending the effective date thereof for the regulation of development in the proximity of designated landfills; and specifying an effective date.

6. ZONING: (C9-96-09) PATCHAS - SPEEDWAY BOULEVARD, C-2 TO C-3 (NORTHEAST CORNER OF SPEEDWAY BOULEVARD AND SYCAMORE BOULEVARD)

(a) Report from City Manager FEB24-97-106 WV

(b) Ordinance No. 8826 relating to zoning: Amending zoning district boundaries in the vicinity of the northeast corner of Speedway Boulevard and Sycamore Boulevard from C-2 to C-3 in rezoning case C9-96-09, Patchas - Speedway Boulevard.

The City Manager recommends that the subject ordinance be adopted.

Two (2) written approvals and one (1) written protest have been received for this case.

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

7. ZONING: (C9-94-17) ARIZONA STATE LAND DEPARTMENT - IRVINGTON ROAD, SR TO MH-2 (NORTH SIDE OF IRVINGTON ROAD AT MESQUITE RANCH ROAD)

(a) Report from City Manager FEB24-97-114 WIV

(b) Ordinance No. 8827 relating to zoning: Amending zoning district boundaries in the vicinity of the north side of Irvington Road at Mesquite Ranch Road from SR to MH-2 in rezoning case C9-94-17, Arizona State Land Department - Irvington Road.

The City Manager recommends that the subject ordinance be adopted.

Zero (0) written approvals and two (2) written protests were received for this case.

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

8. ZONING: (C9-87-24) BROADWAY ASSOCIATES - BROADWAY BOULEVARD, SR TO R-1 (SOUTHEAST CORNER OF BROADWAY BOULEVARD AND CANDLESTICK DRIVE)

(a) Report from City Manager FEB24-97-115 WII

(b) Ordinance No. 8828 relating to zoning: Amending zoning district boundaries in the vicinity of the southeast corner of Broadway Boulevard and Candlestick Drive from SR to R-1 in rezoning case C9-87-24, Broadway Associates - Broadway Boulevard.

The City Manager recommends that the subject ordinance be adopted.

Three (3) written approvals and forty-four (44) written protests were reported at the last Mayor and Council action held on February 6, 1996. Sixteen (16) protests lie within 150 feet representing a thirty-four (34) percent protest to the south, a seventy-five (75) percent protest to the east, a six (6) percent protest to the west, and a zero (0) percent protest to the north. No additional protests or approvals have been received.

A three-fourths majority vote will be necessary to adopt the subject ordinance.

9. PUBLIC HEARING: ZONING: (C9-76-01) TUCSON ATHLETIC CLUB - BELLEVUE AVENUE, C-2

(a) Report from City Manager FEB24-97-116 WVI

(b) Hearing to consider a change of development plan for a previously approved rezoning case. The original plan was for the Tucson Athletic Club. The revised development plan proposes the adaptive reuse of the existing building into a self storage facility and new personal storage buildings on the rest of the property. No storage is proposed outside of the enclosed structures. The site is located at the southeast corner of Columbus Boulevard and Bellevue Avenue. Applicant: Frank Mascia of CDG Architects on behalf of BFL Construction Co.

The City Manager recommends approval of the change of the development plan as presented, subject to the following conditions:

1. A development plan submitted for approval in accordance with Section 5.3.8. of the Tucson Land Use Code, in substantial compliance with the revised development plan dated January 28, 1997, including, but not limited to:

a. a landscape plan including the maximization of water harvesting techniques in all landscaped areas.

b. all new storage units adjacent to perimeter of project to reflect residentially scaled architectural characteristics as shown on revised development plan dated January 28, 1997.

c. all new storage units limited to one-story and twelve (12) feet in height along project boundary.

d. one vehicular access driveway to Columbus Boulevard and no access to Bellevue Avenue.

e. no access to the alley, except as may be required for emergency service purposes.

2. Continuous curbing and four (4) foot wide concrete sidewalk required along all street frontages, and the closing of any unused curb cuts.

3. All freestanding signage to be integrated into landscaping and should reflect the architectural style or theme of the development.

4. Use limited to personal storage only. No commercial storage or other types of commercial activities allowed.

5. The shielding or directing of outdoor lighting away from adjacent residential uses. Lighting fixtures should be as low in elevation as possible.

6. Noise-generating uses, such as loading zones and dumpsters locations, shall be located a minimum of 50 feet from any adjacent residential zone boundary. Outdoor loudspeakers shall be directed away from adjacent residential zoning.

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

8. 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.

9. Dedication of necessary right-of-way for Columbus Boulevard, per the Major Streets and Routes Plan.

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

11. One (1) year to comply with all Code requirements and conditions of this approval.

All property owners within 300 feet of this request have been notified of the proposed change of development plan. No additional comments have been received by staff.

Previously there were six (6) written approvals and twelve (12) written protests received at the last public hearing which was held on June 7, 1976. Seven (7) protests were within 150 feet, representing a 23 percent protest to the south, a 75 percent protest to the west, a 9 percent protest to the north, and 0 percent to the east.

However, the 1976 rezoning case was for an expansion of the existing Tucson Athletic Club and included a new property on the north side of Bellevue Avenue that was proposed for rezoning from R-2 to P as required parking. Most of the protests were regarding the use of the residential property on the north side of Bellevue Avenue for the parking lot. The proposed parking lot was not rezoned by Mayor and Council and was never developed.

A 3/4 majority vote will be necessary to adopt an ordinance approving the proposed change of development plan, should one be authorized.

10. PUBLIC HEARING: SANTA CRUZ AREA PLAN AMENDMENT - MISSION/IRVINGTON COMMERCIAL USES

(a) Report from City Manager FEB24-97-117 WI

(b) Hearing

(c) Resolution No. 17559 relating to planning and zoning; amending the Santa Cruz Area Plan to allow commercial uses that are deemed compatible with the Midvale Community and the linear park, at the northeast corner of Mission and Irvington Roads.

11. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager FEB24-97-112 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, March 3, 1997, at 2:00 p.m. and continued at 7:30 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

Mayor & Council
Consent Agenda

MONDAY, FEBRUARY 24, 1997
7:30 P.M.
MAYOR AND COUNCIL CHAMBERS
CITY HALL,
255 W. ALAMEDA,
TUCSON, ARIZONA

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

(1) Report from City Manager FEB24-97-96 CITY WIDE

(2) Resolution No. 17551 relating to law enforcement; approving and authorizing a grant agreement with the Arizona Criminal Justice Commission to provide funding for the Metropolitan Area Narcotics Trafficking Interdiction Squad.

B. GRANT AGREEMENT: WITH ARIZONA CRIMINAL JUSTICE COMMISSION FOR FORENSICS/POLICE CRIMINALIST PROGRAM

(1) Report from City Manager FEB24-97-99 CITY WIDE

(2) Resolution No. 17552 relating to grants; approving and authorizing execution of a grant agreement with the Arizona Criminal Justice Commission for Forensics/Police Criminalist.

C. INTERGOVERNMENTAL AGREEMENT: WITH State of Arizona FOR the Gang Resistance Education and Training (G.R.E.A.T.) Curriculum

(1) Report from City Manager FEB24-97-100 CITY WIDE

(2) Resolution No. 17553 relating to Police Department; approving and authorizing execution of an intergovernmental agreement with State of Arizona, Governor’s Division of Drug Policy and the Tucson Police Department for grant funds for costs associated with the support of the Gang Resistance Education and Training (G.R.E.A.T.) Curriculum.

D. PUBLIC IMPROVEMENT: OLD PUEBLO ESTATES AND RIVIERA ESTATES DISTRICT PAVING IMPROVEMENT

(1) Report from City Manager FEB24-97-101 WII & WIV

(2) Superintendent of Streets notifies that date assessment and warrant recorded.

(3) Resolution No. 17512. Resolution fixing the time when the Mayor and Council of the City of Tucson will hear and pass upon the assessments and proceedings theretofore had and taken for the improvement known as the "Old Pueblo Estates & Riviera Estates District Paving Improvement," in the City of Tucson, Arizona.

E. LEASE AGREEMENT AMENDMENT: WITH THE GROUNDSKEEPER, INC., FOR EXTENSION OF LEASE OF CITY PROPERTY FOR USE AS A COMPOSTING FACILITY

(1) Report from City Manager FEB24-97-102 WI

(2) Ordinance No. 8824 relating to real property; authorizing the execution of an amendment to City Contract Number 0174-93, a land lease agreement between the City of Tucson, as lessor, and the Groundskeeper, Inc., as lessee, to extend the term of the agreement an additional twenty-four (24) months.

F. ASSURANCE AGREEMENT: MOUNTAIN PLACE Subdivision, LOTS 1 THRU 11 AND COMMON AREAS A AND B (C12-95-26)

(1) Report from City Manager FEB24-97-97 WIII

(2) Resolution No. 17554 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 Mountain Place Subdivision, Lots 1 thru 11 and Common Areas A & B.

G. ASSURANCE AGREEMENT: LINCOLN TERRACE SUBDIVISION, LOTS 1 THRU 43 AND COMMON AREAS A AND B (C12-96-35)

(1) Report from City Manager FEB24-97-104 WIV

(2) Resolution No. 17556 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 Lincoln Terrace Subdivision, Lots 1 thru 43 and Common Areas A & B.

H. ASSURANCE AGREEMENT: CAMPBELL AT THE AIRPORT Subdivision, LOTS 1 THRU 22 (C12-96-15)

(1) Report from City Manager FEB24-97-105 WV

(2) Resolution No. 17557 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 Campbell at the Airport Subdivision, Lots 1 thru 22.

I. PLATS: (C12-96-28) FINAL PLAT - SUNRISE MEADOW AT RITA RANCH, LOTS 1 THROUGH 135 AND COMMON AREA "A" (LANDSCAPE) (A RESIDENTIAL CLUSTER PROJECT)

(1) Report from City Manager FEB24-97-109 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.

J. PLATS: (C12-96-38) FINAL PLAT - DESERT CROSSINGS AT RITA RANCH, LOTS 1 THROUGH 255 AND COMMON AREA "A" (A RESIDENTIAL CLUSTER PROJECT)

(1) Report from City Manager FEB24-97-107 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.

K. PLATS: (C12-96-09A) FINAL PLAT - BROADWAY COURT, A RESIDENTIAL CLUSTER PROJECT, LOTS 1 THRU 30 AND COMMON AREAS "A" AND "B"

(1) Report from City Manager FEB24-97-108 WII

(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: (C12-95-33) FINAL PLAT - RITA RANCH COMMERCE CENTER, LOTS 1 - 64 AND COMMON AREA "A" (PRIVATE STREETS)

(1) Report from City Manager FEB24-97-110 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.

M. CITY VEHICLES: ANNUAL RENEWAL - EXEMPTION OF CERTAIN CITY VEHICLES FROM IDENTIFICATION MARKINGS

(1) Report from City Manager FEB24-97-113 CITY WIDE

(2) Resolution No. 17558 relating to city vehicles; exempting motor vehicles from the requirement to bear the designation of the City of Tucson.

N. 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 FEB24-97-111

(2) TUCSON PARKS FOUNDATION, Applicant: John Escher, 600 S. Alvernon Way, SPECIAL EVENT, City No. T008-97, WVI

(3) JUNIOR LEAGUE OF TUCSON, Applicant: Heidi H. Hildreth, 3601 E. Broadway Blvd., SPECIAL EVENT, City No. T012-97, WVI

(4) EL DONANTE, INC., Applicant: James A. Garcia, 3700 S. La Cholla Blvd., SPECIAL EVENT, City No. T013-97, WI

(5) SOUTH TUCSON LIONS, Applicant: Fernando Acevedo, 4823 S. 6th Ave., SPECIAL EVENT, City No. T014-97, WV

(6) PIMA AIR & SPACE MUSEUM, Applicant: Jennifer M. Grant, 6000 E. Valencia Rd., SPECIAL EVENT, City No. T016-97, WV

(7) PIMA AIR & SPACE MUSEUM, Applicant: Jennifer M. Grant, 6000 E. Valencia Rd., SPECIAL EVENT, City No. T017-97, WV

(8) RICKYS #1, Applicant: Richard P. Silverman, 5305 E. Speedway Blvd., NEW LICENSE, Series 12, City No. 157-96, WVI

(9) FAMOUS SAM’S, Applicant: Mark L. Rhude, 2048 E. Irvington Rd., NEW LICENSE, Series 12, City No. 003-97, WV

(10) PIZZA HUT, Applicant: Walter B. Kyte, 2943 N. Campbell Ave., NEW LICENSE, Series 12, City No. 005-97, WIII

(11) 7-ELEVEN STORE 2081-18383A, Applicant: John E. Light, 4659 E. 22nd St., PERSON TRANSFER, Series 9, City No. 007-97, WVI

(12) LAMDA CHI ALPHA, Applicant: Mark Cohen, 47 E. Pennington St., SPECIAL EVENT, City No. T019-97, WVI

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Source: City of Tucson
3/28/97