Mayor & Council
Study Session and Regular Agenda
for
June 9, 1997

Study Session Agenda

*ALSO ON REGULAR AGENDA
15 mins. 1. Executive Session - Civano Development (City-Wide) SS/JUNE9-97-288 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. 2. Mayor and Council Direction Regarding Executive Session - Civano Development (City-Wide) SS/JUNE9-97-289 REPORT/RECOMMENDATION
5 mins. 3. Mayor and Council Discussion of Regular Agenda SS/JUNE9-97-286
1 hr. 4. Toole Referral CO-OP Task Group Report (Ward 6) SS/JUNE9-97-296 REPORT/RECOMMENDATION
1 hr. 5. Presentation by the Tucson - Pima County Metropolitan Energy Commission on Electric Industry Restructuring (City-Wide) SS/JUNE9-97-290 REPORT/DISCUSSION
30 mins. 6. Multiple Benefit Water Features (City and Outside the City) SS/JUNE9-97-292 REPORT/RECOMMENDATION
5 mins. 7. Request For Funds - The Arizona Aerospace Foundation (City-Wide) SS/JUNE9-97-287 REPORT/RECOMMENDATION
5 mins. 8. Bond Sale (City-Wide)* SS/JUNE9-97-291 REPORT/DISCUSSION
5 mins. 9. Mayor and Council Subcommittee Status Reports (City-Wide) SS/JUNE9-97-293
5 mins. 10. Mayor and Council Discussion of Future Agendas SS/JUNE9-97-285
5 mins. 11. Boards, Committees and Commissions (City-Wide) SS/JUNE9-97-294
FOR INFORMATION ONLY 12. Administrative Action Report and Summary SS/JUNE9-97-295

ADDENDUM

1 hr. *4. Toole Referral CO-OP Task Group Report (Ward 6) SS/JUNE9-97-296REPORT/DISCUSSION
*Note: Consideration of this item will be at/or about 7:30 pm
30 mins. **6. Multiple Benefit Water Projects (City-Wide) SS/JUNE9-97-292
**Revised Title
20 mins. 13. Executive Session - Update of the Status of MDWID Litigation (City-Wide) SS/JUNE9-97-297
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. 14. Mayor and Council Direction Regarding Executive Session - Update of the Status of MDWID Litigation SS/JUNE9-97-298 REPORT/RECOMMENDATION
5 mins. 15. Request For Funds - Tucson Museum of Art San Xavier Exhibit (City-Wide) SS/JUNE9-97-299
REPORT/RECOMMENDATION

Regular Meeting Agenda

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Jimmy D. Munns, First Assembly of God

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

3. CONSENT AGENDA - ITEMS A THROUGH J

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.

3A. PLAT AGENDA - ITEM A (ONLY)

FOR COMPLETE DESCRIPTION OF ITEMS
SEE PLAT AGENDA

Matters listed under the Plat 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 Plat Agenda and will be considered separately.

4. REAL PROPERTY: ACQUISITION OF THE McGUIRE BUILDING FOR THE 10TH STREET PLAZA PROJECT

(a) Report from City Manager JUNE9-97-340 WVI

(b) Resolution No. 17654 relating to real property; authorizing the City Manager to acquire by negotiation, and the City Attorney to condemn if necessary, certain real property.

(c) Direct staff to continue developing the parking plan documentation for the 10th Street Plaza Intermodal Passenger Support Facility.

5. ZONING: (C9-97-04) SABINO INVESTING - GOLF LINKS ROAD, SR TO R-1

(a) Report from City Manager JUNE9-97-334 WIV

(b) Report from Zoning Examiner dated May 2, 1997

(c) Request to rezone approximately 22.53 acres on the north side of Golf Links Road approximately 200 feet east of Harrison Road. Applicant: Chuck Martin of Rick Engineering Company, on behalf of the property owners, U.S. Home Corporation. The preliminary development plan proposes 103 one-story, eighteen (18)-foot-tall, single-family residences, utilizing the Residential Cluster Project (RCP) provisions of the Land Use Code. The Planning Department recommends approval of R-1 zoning and adoption of the ordinance presented, subject to certain conditions. The Zoning Examiner recommends approval of R-1 zoning, subject to certain conditions. The City Manager recommends approval of R-1 zoning and adoption of the ordinance presented, subject to the following conditions.

1. A subdivision plat/development plan, in substantial compliance with the revised preliminary development plan dated April 9, 1997, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to:

a. All residences shall be single story and a maximum of eighteen (18) feet in height.

b. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials and 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 any 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.

c. No more than two (2) vehicular access points to the subject property from Golf Links Road shall be permitted. A one-foot no vehicular access easement shall be recorded on the site perimeter, except at points of ingress/egress.

d. All residences will have a minimum ten (10) foot separation.

e. The 100-year floodplain of the existing wash will be maintained in a natural condition, except at roadway and utility crossings and at detention basin outlet structures.

f. A trail will be constructed in the common area adjacent to the wash. The trail will be constructed of stabilized decomposed granite or other suitable materials except for concrete or asphaltic concrete.

g. The improvements to the common area at the southwest corner of the project will include park benches and barbecue areas.

h. The perimeter wall and common area landscaping along the entire length of Kevin Drive will be installed with the initial phase of development on the property.

2. The plan shall comply with the requirements of the Native Plant Preservation Ordinance.

3. The applicant/property owner shall construct a center turn lane in Golf Links Road with appropriate transitions for eastbound and northbound left turns into the proposed vehicular driveways. In addition, curb, sidewalk, and a westbound right turn lane shall be constructed along the entire length of the Golf Links Road frontage, or agreement to participate in a future Improvement District for Golf Links Road. These improvements shall be coordinated with the Engineering Division Design Section.

4. The owner/applicant shall dedicate 25 feet of additional right-of-way for Golf Links Road, per the Major Streets and Routes Plan, including 25-foot radius spandrels at the proposed intersecting streets.

5. Any proposed street lighting shall be shielded or directed away from adjacent residential uses.

6. A drainage report shall be submitted and approved, including details of vehicular access and all-weather crossing for the proposed lots on the west side of the wash.

7. “Safe by Design” concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department. Should a pedestrian/bike path be proposed along the wash to Kevin Drive it must be shown to be safe for use by the intended users (the residents of the new subdivision). The landscaping for the pedestrian/bicycle connection should be in accordance with current Crime Prevention Through Environmental Design (CPTED) concepts.

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

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

(d) Ordinance No. 8880 relating to zoning: Amending zoning district boundaries in the vicinity of the north side of Golf Links Road approximately 200 feet east of Harrison Road in rezoning case C9-97-04 Sabino Investing - Golf Links Road, SR to R-1.

Seven (7) written approvals and fifty-six (56) written protests have been received. Twenty-three (23) of the protests are within the 150 foot notification area. The protests represent a 83.20 percent protest by area to the north, a 3.43 percent protest to the south, a 59.30 percent protest to the east, and a 0 percent protest to the west. A petition has also been submitted with 187 additional signatures from around the City. Of the 187 signatures, 141 were outside the 300-foot notification area. The remainder were included in the official protest calculation.

A three-quarter majority vote of the Mayor and Council will be necessary to adopt the subject ordinance.

6. PUBLIC HEARING: ZONING - (C9-87-25) SNELLER - PIMA STREET, R-1 AND R-3 TO O-3, REVISED CONDITIONS AND CHANGE OF PRELIMINARY DEVELOPMENT PLAN

(a) Report from City Manager JUNE9-97-338 WVI

(b) Hearing on a request to delete or modify conditions and a change in the preliminary development plan for a one-story (20 feet in height), 46,302-square-foot office complex with four separate buildings on 4.5 acres located at the southeast corner of Pima Street and Rook Avenue. The previously approved preliminary development plan indicated two separate developments; a 25,000-square-foot medical complex with two buildings fronting on Pima Street, and a separate development of 18,630-square-foot general office in two buildings fronting on Rook Avenue and Lee Street. Applicant: Kevin Petrick of Goldstein, Roumbos, Petrick and Associates, on behalf of DAS Investments and Development. The City Manager recommends approval of this request, subject to the rezoning conditions listed below.

1. A development plan, in substantial compliance with the preliminary development plan presented to the Mayor and Council on June 9, 1997, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including but not limited to the following:

a. Vehicular access shall be limited to two (2) points on Pima Street and one (1) access point onto Rook Avenue. Access to Rook Avenue shall be signed as “Right Turn Only” and designed with a divertor to limit traffic movements to right turns.

DELETE b. The development plan shall include a cross access easement between the rezoning site and the O-3 parcel to the east to include vehicular and pedestrian access to Wilmot Road.

MODIFY c. The parking areas, or landscape buffers, shall be adjacent to existing and future residential uses the excluded parcel to provide extended building setbacks as shown on the revised preliminary development plan dated 4-16- 97.

MODIFY d. A 10-foot-wide landscaped area shall be placed between the proposed parking lot and the existing adjacent single-family residences on the south and the area identified on the preliminary development plan as “Future Residential Development”.areas and access lanes adjacent to the excluded parcel.

e. Building and lighting fixtures shall not exceed one-story and 20 feet in height.

f. Noise generating uses such as loading zones and dumpsters shall be located a minimum of 50 feet away from and buffered from adjacent residential uses. Screen dumpsters areas, storage areas, and utility equipment with landscaping and a minimum six-foot high masonry wall.

MODIFY g. Enhance the visual appearance of a continuous wall greater than 75 feet in length by incorporating one or more of the following techniques:

(1) Vary the wall alignment (jog, curve, notch, or setback, etc.) and plant trees or shrubs in the voids created by the variations.

(2) Plant trees and shrubs, which are proportional in scale to the proposed wall, at least every 25 feet.

(3) Use two or more materials such as tile, stone, or brick or textured brick/block to create a visually interesting design pattern on the proposed wall.

MODIFY h. Incorporate pedestrian access points into the design of perimeter walls of greater than 75 feet in length (along a side), when such access points will not generate increased traffic or parking problems in adjacent residential areas. along the west and north property boundaries.

i. Signs to be compatible with the landscape plan and reflect the architectural style or theme of the proposed development.

j. Provide a bus stop along the Pima Street frontage which includes a shelter, paved shelter pad and bricked landing area, wheelchair accessibility to the bus stop and the project site, and drought-tolerant landscaping. The shelter and improvements shall be constructed in accordance with the City Department of Transportation Planning Division.

NEW k. All required perimeter screening (walls), landscaping, sidewalks, driveways, curbing, and bus shelter improvements for the entire rezoning site shall be installed, prior to issuance of a Certificate of Occupancy for the first building.

2. Incorporate “Safe by Design” concepts in the development plan submitted to the Community Design Review Committee for review by the Tucson Police Department.

3. Closure of all existing curb cuts that will not be used by replacing them with standard curb.

4. Dedication of a twenty-five foot radius spandrel at the intersection of Rook Avenue and Lee Street.

5. Agreement by owner/developer to participate in a paving improvement district for Pima Street from Craycroft Road to Wilmot Road, and agreement to accept an assessment for lighting, curb, sidewalk and 24 feet of pavement along the extent of the tract being developed.

6. A drainage report.

7. Retention may be required as determined by the drainage report.

8. A concept grading plan.

9. Additional fire hydrants will be necessary to comply with Section 10.301 (c) of the Tucson Fire Code.

10. Any relocation, modification, etc. of existing utilities and/or public improvements necessitated by the proposed development will be at the expense of the owner and/or developer.

11. Compliance with all Code requirements and conditions of rezoning by September 14, 1997.

Four written approvals and three written protests were received in the original rezoning. Two of the protests are within the 150-foot area constituting a 6 percent protest by area to the north, a 4 percent protest by area to the south, a 0 percent protest by area to the east, and a 4 percent protest by area to the west.

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

7. PUBLIC HEARING: REGARDING THE CITY OF TUCSON RECOMMENDED BUDGET FOR FISCAL YEAR 1997-1998 AS TENTATIVELY ADOPTED ON JUNE 2, 1997

(a) Report from City Manager JUNE9-97-331 CITY WIDE

(b) Hearing

AT THIS TIME THE MAYOR AND COUNCIL WILL RECESS THE REGULAR MEETING AND CONVENE A SPECIAL MEETING FOR THE PURPOSE OF BUDGET ADOPTION

SPECIAL MAYOR AND COUNCIL MEETING

1. ROLL CALL

2. FINANCE: FINAL BUDGET ADOPTION FOR FISCAL YEAR 1997-1998

(a) Report from City Manager JUNE9-97-332 CITY WIDE

(b) Resolution No. 17652 relating to finance; finally determining and adopting estimates of proposed expenditures by the City of Tucson for the Fiscal Year beginning July 1, 1997 and ending June 30, 1998, declaring that together said expenditures shall constitute the budget of the City of Tucson for such fiscal year.

3. ADJOURNMENT

AT THIS TIME THE MAYOR AND COUNCIL WILL RECONVENE THEIR REGULAR MEETING

ROLL CALL

8. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager JUNE9-97-329 CITY WIDE

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

10. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, June 16, 1997, at 2:00 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

Consent Agenda

A. MAYOR AND COUNCIL MEETINGS: CANCELLATION OF THE JULY 14, 1997, MAYOR AND COUNCIL MEETING

(1) Report from City Manager JUNE9-97-326 CITY WIDE

(2) Ordinance No. 8877 relating to administration; cancelling the Mayor and Council meeting of July 14, 1997.

B. TUCSON CODE: AMENDING AND IMPLEMENTING (CHAPTER 10) POSITION COMPENSATION PLAN - ADOPTING SALARY RANGES FOR EMPLOYEES

(1) Report from City Manager JUNE9-97-327 CITY WIDE

(2) Ordinance No. 8878 relating to compensation plan; adopting salary ranges for employees; implementing Tucson Code Section 10-31.

C. TUCSON CODE: AMENDING (CHAPTER 22) REGARDING PENSIONS, RETIREMENT AND GROUP INSURANCE, TO PROVIDE FOR A BENEFIT INCREASE FOR TUCSON SUPPLEMENTAL RETIREMENT SYSTEM RETIREES AND BENEFICIARIES

(1) Report from City Manager JUNE9-97-328 CITY WIDE

(2) Ordinance No. 8879 relating to pensions; amending Tucson Code Chapter 22, "Pensions, Retirement, and Group Insurance," Section 22-37(f), "Increase in Retirement Allowance of Retired Members."

D. AWARD AGREEMENT: WITH STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL FOR A VICTIMS’ RIGHTS IMPLEMENTATION ASSISTANCE PROGRAM

(1) Report from City Manager JUNE9-97-330 CITY WIDE

(2) Resolution No. 17651 relating to victims’ rights; approving and authorizing execution of an award agreement with the State of Arizona Office of the Attorney General for a Victims’ Rights Implementation Assistance Program.

E. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FOR THE ADULT EDUCATION FACILITY AT EL PUEBLO CENTER

(1) Report from City Manager JUNE9-97-333 WV

(2) Resolution No. 17653 relating to parks and recreation; approving and authorizing execution of an intergovernmental agreement with Pima County for funding, design, construction, operation, maintenance, and ownership of the Pima County Adult Education Facility at El Pueblo Center.

F. TUCSON CODE: AMENDING (CHAPTER 22) REGARDING PAID LEAVE BENEFIT PLAN

(1) Report from City Manager JUNE9-97-339 CITY WIDE

(2) Ordinance No. 8881 relating to paid leave benefit plan; adding Article V, Sections 22-90 and 22-91 to Chapter 22; providing for Paid Leave Benefit Plan.

G. FINANCE: SALE OF $10,510,000 GENERAL OBLIGATION BONDS

(1) Report from City Manager JUNE9-97-335 CITY WIDE

H. FINANCE: SALE OF $5,000,000 SENIOR LIEN STREET AND HIGHWAY REVENUE BONDS

(1) Report from City Manager JUNE9-97-336 CITY WIDE

I. FINANCE: SALE OF $11,700,000 WATER SYSTEM REVENUE BONDS

(1) Report from City Manager JUNE9-97-337 CITY WIDE

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 JUNE9-97-325

(2) LAKESIDE SPORTS CLUB, Applicant: Charles A. Marshall, 8140 E. Golf Links Rd., NEW LICENSE, Series 12, City No. 031-97, WIV

(3) NEW YORK PIZZA, Applicant: Robert K. Crawford, 8771 E. Broadway Blvd., PERSON TRANSFER, Series 7, City No. 043-97, WII

(4) OLD CHICAGO, Applicant: Gregory M. Furrier, 2960 N. Campbell Ave., PERMANENT EXTENSION OF PREMISES, City No. EP18-97, WIII

(5) THIRSTY’S NEIGHBORHOOD GRILL & BAR, Applicant: John F. Kenney, 2422 N. Pantano Rd., TEMPORARY EXTENSION OF PREMISES, City No. EP19-97, WII

(6) SALTY DAWG II, Applicant: Frank W. Harris IV, 6121 E. Broadway Blvd., TEMPORARY EXTENSION OF PREMISES, City No. EP21-97, WIV

(7) JUNETEENTH FESTIVAL COMMITTEE, Applicant: Claude R. Jennings, 3700 S. La Cholla Blvd., SPECIAL EVENT, City No. T055-97, WI (Continued from the meeting of April 28, 1997)


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Source: City of Tucson
6/10/97