MAYOR AND COUNCIL
PAST AGENDAS
TUCSON CONVENTION CENTER
260 SOUTH CHURCH AVENUE
CRYSTAL-TURQUOISE BALLROOM
(USE GRANADA STREET ENTRANCE)
SEPTEMBER 27, 1999
1:30 P.M.
TUCSON, ARIZONA

ESTIMATED DURATION

TOPICS

COMMENTS

20 mins.

1. Annual Report from Raytheon on Local Subcontracting And Other Activities (City-Wide)
SS/SEPT27-99-444

REPORT/ RECOMMENDATION
1 hr. 30 mins. 2. Results of Radon Testing in Tucson Water System (City-Wide and Outside the City)
SS/SEPT27-99-453
REPORT/ RECOMMENDATION
10 mins. 3. Manufactured Housing Land Use Code Regulations (City-Wide) (Continued from the meeting of August 2, 1999)
SS/SEPT27-99-445
REPORT/ RECOMMENDATION
15 mins. 4. Reallocation of Community Development Block Grant (CDBG) Funds (City-Wide)
SS/SEPT27-99-446
REPORT/ RECOMMENDATION
5 mins. 5. Boards, Committees and Commissions (City-Wide)
SS/SEPT27-99-443
 
5 mins. 6. Mayor and Council Discussion of Regular Agenda
SS/SEPT27-99-449
 
5 mins. 7. Mayor and Council Discussion of Future Agendas
SS/SEPT27-99-450
 
5 mins. 8. Mayor and Council Subcommittees Status Reports (City-Wide)
SS/SEPT27-99-451
 
10 mins. 9. Use of Social Security Numbers on City Forms (City-Wide)
SS/SEPT27-99-447
REPORT/ RECOMMENDATION
15 mins. 10. Further Solar Initiatives (City-Wide)
SS/SEPT27-99-448*
DISCUSSION

FOR INFORMATION ONLY        *ALSO ON REGULAR AGENDA

11. Administrative Action Report and Summary - SS/SEPT27-99-452

MAYOR AND COUNCIL REGULAR AGENDA
MONDAY, SEPTEMBER 27, 1999 - 7:30 P.M.
TUCSON CONVENTION CENTER
CRYSTAL/TURQUOISE BALLROOM
260 SOUTH CHURCH AVENUE
(USE GRANADA STREET ENTRANCE)
TUCSON, ARIZONA


(REGULAR AGENDA ITEM NO. 8 HAS BEEN AMENDED.)

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

    INVOCATION Pastor John Ponder, Christian Faith Center

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

    PRESENTATION

      (a) Presentation of the "1999 Misdemeanor Prosecutor of the Year" Award from the Arizona Prosecuting Attorneys' Advisory Council to Prosecutor Jane H. Fairall from the Criminal Division of the City Attorney's Office

      (b) Proclamation proclaiming October 1999 to be "Dental Hygiene Month"

3. CONSENT AGENDA - ITEMS A THROUGH P

    FOR COMPLETE DESCRIPTION OF ITEMS, SEE CONSENT AGENDA (linked below)

    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. CITY MAGISTRATES: APPOINTMENT OF CITY MAGISTRATE AND FIXING COMPENSATION

    (a) Report from City Manager SEPT27-99-499 CITY-WIDE

    (b) OPTION A (increasing compensation to $79,500)

    Ordinance No. 9288 relating to City Magistrates; appointing Antonio F. Riojas, Jr. City Magistrate of the City of Tucson; fixing compensation.

    OR

    OPTION B (retaining compensation at $72,500)

    Ordinance No. 9288 relating to City Magistrates; appointing Antonio F. Riojas, Jr. City Magistrate of the City of Tucson; fixing compensation.

5. CITY MAGISTRATES: APPOINTMENT OF CITY MAGISTRATE AND FIXING COMPENSATION

    (a) Report from City Manager SEPT27-99-500 CITY-WIDE

    (b) Ordinance No. 9289 relating to City Magistrates; appointing Timothy J. Cranshaw City Magistrate of the City of Tucson; fixing compensation.

6. PUBLIC HEARING: TUCSON CODE AMENDING (CHAPTER 6) ADOPTION OF THE NATIONAL ELECTRICAL CODE, 1999 EDITION WITH MODIFICATIONS

    (a) Report from City Manager SEPT27-99-494 CITY-WIDE

    (b) Hearing

    (c) Ordinance No. 9287 relating to building safety; adopting the National Electrical Code, 1999 Edition with modification, as the Electrical Code of the City of Tucson; providing that a violation of the Electrical Code shall be a civil infraction; and amending the Tucson Code by Amending Section 6-84.

7. PUBLIC HEARING: PROPOSED GRANT-ALVERNON AREA PLAN (BOUNDED BY SPEEDWAY BOULEVARD ON THE SOUTH, COUNTRY CLUB ROAD ON THE WEST, FORT LOWELL ROAD AND GRANT ROAD ON THE NORTH, AND COLUMBUS BOULEVARD AND SWAN ROAD ON THE EAST)

    (a) Report from City Manager SEPT27-99-502 WII, WIII, AND WVI

    (b) Hearing

    (c) Resolution No. 18396 relating to planning: Adopting the Grant-Alvernon Area Plan.

    The City Manager recommends adoption of the resolution presented adopting the Grant-Alvernon Area Plan.

8. PUBLIC HEARING: TUCSON CODE AMENDING (CHAPTER 23) LAND USE CODE RELATING TO LIMITATIONS ON LARGE SCALE RETAIL ESTABLISHMENTS ("BIG BOX/SUPERSTORES")

    (a) Report from City Manager SEPT27-99-503(2) CITY-WIDE

    (b) Hearing.

    ADDED The Planning Commission held a public hearing on September 15, 1999 and continued the public hearing on September 22, 1999. After the close of the public hearing the Planning Commission voted on four (4) different motions with none achieving the minimum requirements of seven (7) votes necessary to establish a recommendation; therefore, the subject issue is being forwarded to Mayor and Council without a recommendation from the Planning Commission.

    The City Manager recommends that the Mayor and Council adopt Option 2, Variation B with the following changes. (Attached as Ordinance No. 9293 OPTION 3)

      A. That Large Scale Retail establishments be allowed in the C-1 and RVC zones only if approved through the Special Exception Land Use process with the Zoning Examiner as the public hearing and decision-making body.

      B. Delete performance criteria A.1, Entrances to Buildings, and A.2, Parking Lot Orientation in Sec. 33.5.9.7.

      C. Amend performance criteria A.9 to Sec. 3.5.9.7 to read:

      Outdoor Lighting. Provide a photometric plan and outdoor lighting report which provides information on how outdoor lighting is addressed to mitigate negative impacts on adjacent residential uses or residentially zoned properties. The report will also address the negative impacts of outdoor lighting between the hours of 10 p.m. and 7 a.m. on adjacent residential properties or zones and how they will be mitigated.

      D. Add performance criteria A. 11 to Sec. 3.5.9.7 which reads:

      Hazardous Materials. Provide a Hazardous Materials Management Plan and Hazardous Materials Inventory Statement as provided in the Tucson Fire Code to assure that the building site and design will protect public health and safety from accidental exposure to hazardous materials as provided by the Tucson Fire Code.

      E. Add performance criteria A.12 to Sec. 3.5.9.7 which reads:

      Noise Abatement. Provide a noise mitigation plan indicating how the noise initiated by the land use will be mitigated to comply with noise regulations in Chapter 11 of the Tucson Code.

      F. Add a provision which will exempt development plans that have been approved by the Mayor and Council for rezoning and specific plans from the applicability of all four proposed ordinances. Specifically, the exemption would be for any development plan that has been approved, or shall be approved in the future by the Mayor and Council as a special requirement in conjunction with a rezoning or specific plan process. The exemption would also apply to a change to a development plan previously approved by the Mayor and Council in conjunction with a rezoning or specific plan.

      It is further recommended that should the Mayor and Council wish to consider amendments with respect to noise and outdoor lighting regulation that they be referred to the appropriate City Department for further study.

    (c) OPTION 1 (VARIATION A) This variation limits a General Merchandise Sales (retail sales) establishment or a Food and Beverage Sales (grocery sales) establishment to a maximum of 100,000 square feet of floor area.

    Ordinance No. 9293 relating to zoning: Amending Chapter 23, the Land Use Code, Article II Zones; Division 5, Commercial Zones; Division 6, Mixed Use Zones; Division 7, Industrial Zones; Article III, Development Regulations; Article VI, Definitions; adding regulations of large scale retail stores and setting an effective date.

    OR

    OPTION 1 (VARIATION B) This variation provides that the maximum of 100,000 square feet of floor area applies only if a General Merchandise Sales (retail sales) establishment or a Food and Beverage Sales (grocery sales) establishment has one of the following: (1) outdoor activity; (2) operation during the hours of 10 p.m. and 7 a.m.; or (3) a combination of retail sales and grocery sales.

    Ordinance No. 9293 relating to zoning: Amending Chapter 23, the Land Use Code, Article II Zones; Division 5, Commercial Zones; Division 6, Mixed Use Zones; Division 7, Industrial Zones; Article III, Development Regulations; Article VI, Definitions; adding regulations of large scale retail stores and setting an effective date.

    OR

    OPTION 2 (VARIATION A) This ordinance requires that a Large Scale Retail Establishment be considered for approval through the Special Exception Land Use process, which requires a public hearing before, and decision by, the Zoning Examiner.

    Ordinance No. 9293 relating to zoning: Amending Chapter 23, the Land Use Code, Article II Zones; Division 5, Commercial Zones; Division 6, Mixed Use Zones; Division 7, Industrial Zones; Article III, Development Regulations; Article VI, Definitions; adding regulations of large scale retail stores and setting an effective date.PAGE THREE

    OR

    OPTION 2 (VARIATION B) This ordinance allows Large Scale Retail Establishments as a right within certain zones, subject to very specific performance criteria which address compatibility with surrounding residential development, improvements to adjacent public streets, and the aesthetics of the proposed project. If it is determined that the applicant cannot comply with the performance criteria, then the applicant can seek approval through the Special Exception Land Use process, which requires a public hearing before, and decision by the Zoning Examiner.

    Ordinance No. 9293 relating to zoning: Amending Chapter 23, the Land Use Code, Article II Zones; Division 5, Commercial Zones; Division 6, Mixed Use Zones; Division 7, Industrial Zones; Article III, Development Regulations; Article VI, Definitions; adding regulations of large scale retail stores and setting an effective date.

    OR

    OPTION 3 (Option 2 Variation B with the City Manager's recommended modifications).

    Ordinance No. 9293 relating to zoning: Amending Chapter 23, the Land Use Code, Article II Zones; Division 5, Commercial Zones; Division 6, Mixed Use Zones; Division 7, Industrial Zones; Article III, Development Regulations; Article VI, Definitions; adding regulations of large scale retail stores and setting an effective date.

9. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

    (a) Report from City Manager SEPT27-99-483 CITY-WIDE

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

11. ADJOURNMENT

    The next scheduled meeting of the Mayor and Council will be held on Monday, October 4, 1999, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.

MAYOR AND COUNCIL CONSENT AGENDA
MONDAY, SEPTEMBER 27, 1999 - 7:30 P.M.
TUCSON CONVENTION CENTER
CRYSTAL/TURQUOISE BALLROOM
260 SOUTH CHURCH AVENUE
(USE GRANADA STREET ENTRANCE)
TUCSON, ARIZONA



A. GRANT AGREEMENT: WITH ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR FUNDING OF A YOUTH ALCOHOL ENFORCEMENT PROGRAM

    (1) Report from City Manager SEPT27-99-484 CITY-WIDE

    (2) Resolution No. 18370 relating to the Police Department; approving and authorizing the execution of a grant agreement with the State of Arizona Governor's Office of Highway Safety for the funding of a Youth Alcohol Enforcement Program during federal fiscal year 1999 (City Wide).

B. GRANT AWARD APPLICATION: WITH ARIZONA DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS FOR GRANT-IN-AID FUNDS FOR CITY LIBRARY DEVELOPMENT

    (1) Report from City Manager SEPT27-99-486 CITY-WIDE

    (2) Resolution No. 18391 relating to library; approving and authorizing application and conditions for the award of Grant-in-Aid funds in the amount of $8,018 from the Arizona Department of Library, Archives, and Public Records for City Library Development.

C. GRANT AWARD APPLICATION: WITH ARIZONA DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS FOR GRANT-IN-AID FUNDS FOR COUNTY LIBRARY DEVELOPMENT

    (1) Report from City Manager SEPT27-99-487 CITY-WIDE

    (2) Resolution No. 18392 relating to library; approving and authorizing application and conditions for the award of Grant-in-Aid funds in the amount of $20,498 from the Arizona Department of Library, Archives, and Public Records for County Library Development.

D. REAL PROPERTY: RELEASE OF INTERESTS AND OBLIGATIONS RELATED TO THE "LOS ANGELES DITCH" ON THE A-7 RANCH (FORMERLY KNOWN AS BELLOTA RANCH)

    (1) Report from City Manager SEPT27-99-488 CITY-WIDE

    (2) Ordinance No. 9283 relating to real property; authorizing and approving the release of the interests of the City of Tucson in and to the Los Angeles Ditch on the A-7 Ranch.

E. REAL PROPERTY: VACATION AND CONVEYANCE OF ALLEY RIGHT-OF-WAY FOR THE PROPOSED JOSLYN HEIGHTS RESUBDIVISION

    (1) Report from City Manager SEPT27-99-489 WVI

    (2) Ordinance No. 9284 relating to real property; vacating and declaring certain City-owned right-of-way to be surplus property, and authorizing the conveyance thereof to the resubdivider of lots 7 and 8 in block 13 Speedway Addition No. 2.

F. REAL PROPERTY: PROPOSED VACATION OF RIGHT-OF-WAY LOCATED ON BOGGIE DRIVE FOR THE ENCLAVE AT VALLEY RANCH SUBDIVISION

    (1) Report from City Manager SEPT27-99-490 WII

    (2) Ordinance No. 9285 relating to real property; vacating and declaring certain City-owned right-of-way to be surplus property, and authorizing the conveyance thereof to the Enclave at Valley Ranch, lots 1-40 and common areas A, B, and C.

G. REAL PROPERTY: VACATION AND CONVEYANCE OF ALLEY RIGHTS-OF-WAY LOCATED ON REX STRAVENUE TO ADJOINING PROPERTY OWNERS

    (1) Report from City Manager SEPT27-99-491 WV

    (2) Ordinance No. 9286 relating to real property; vacating and declaring certain street and alley rights-of-way to be surplus, and authorizing the conveyance thereof to certain adjoining property owners.

H. REAL PROPERTY: AUTHORIZATION TO ACQUIRE REPLACEMENT WELLSITE NEAR CAMPBELL AND 8TH STREET

    (1) Report from City Manager SEPT27-99-492 WVI

    (2) Resolution No. 18393 relating to real property; authorizing the City Manager to acquire by negotiation, and the City Attorney to condemn if necessary, certain real property.

I. MEMORANDUM OF UNDERSTANDING: WITH THE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY WASTE PROGRAMS DIVISION, THE WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA AND THE CITY OF PHOENIX FOR IMPLEMENTATION OF THE ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD CLEANUP REVOLVING LOAN FUND GRANT PROGRAM

    (1) Report from City Manager SEPT27-99-493 CITY-WIDE

    (2) Resolution No. 18394 relating to Arizona Brownfields Cleanup Revolving Loan Fund Program; authorizing and approving the execution of a Memorandum of Understanding between the City of Tucson, the Arizona Department of Environmental Quality Waste Programs Division, the Water Infrastructure Finance Authority of Arizona, and the City of Phoenix.

J. ENERGY: AUTHORIZATION TO INSTALL PHOTOVOTAIC EQUIPMENT IN CITY OF TUCSON FACILITIES

    (1) Report from City Manager SEPT27-99-498 CITY-WIDE

    (2) Resolution No. 18395 relating to energy; authorizing the utilization of City moneys saved through the 1% Tucson Electric Power Rate Reduction effective fiscal year 2000/2001 for the installation of photovoltaic equipment in City of Tucson facilities.

K. FEDERAL EQUITABLE SHARING AGREEMENT: WITH THE U. S. DEPARTMENT OF THE TREASURY FOR SHARING OF FEDERALLY FORFEITED PROPERTY

    (1) Report from City Manager SEPT27-99-495 CITY-WIDE

    (2) Resolution No. 18397 relating to law enforcement; approving and authorizing the Tucson Police Department to enter into a Federal Equitable Sharing Agreement with the U. S. Department of the Treasury.

L. PLATS: (S98-004) FINAL PLAT JOSLYN HEIGHTS, LOTS 1 THROUGH 8

    (1) Report from City Manager SEPT27-99-496 WVI

    (2) The City Manager recommends that the final plat be approved as presented after vacation of the alley has occurred, and the ordinance number has been added to the mylar. The applicant is advised that building/occupancy permits are subject to the availability of water/sewer capacity at the time of actual application.

    This final plat is contingent upon the approval of the real estate item scheduled as Item No. 3-E on today's consent agenda.

M. PLATS: (S99-015) FINAL PLAT MISSION VISTA APARTMENTS (REPLAT OF A PORTION OF VECTOR CENTRE EXECUTIVE PARK)

    (1) Report from City Manager SEPT27-99-497 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.

N. INTERGOVERNMENTAL AGREEMENT: WITH AMPHITHEATER SCHOOL DISTRICT NO. 10 FOR RENOVATION, MAINTENANCE AND JOINT USE OF FACILITIES AT E. C. NASH ELEMENTARY SCHOOL, REPEALING RESOLUTION NO. 17003

    (1) Report from City Manager SEPT27-99-501 WIII

    (2) Resolution No. 18398 relating to intergovernmental agreements; repealing Resolution No. 17003 adopted August 7, 1995; approving and authorizing execution of an intergovernmental agreement with the Amphitheater School District No. Ten for renovation, maintenance, and joint use of facilities at E. C. Nash Elementary School.

O. ECONOMIC DEVELOPMENT: SUBMISSION OF APPLICATION TO THE FOREIGN-TRADE ZONES BOARD FOR EXPANSION OF GENERAL-PURPOSE FOREIGN-TRADE ZONE NO. 174

    (1) Report from City Manager SEPT27-99-485 CITY-WIDE

    (2) Resolution No. 18399 relating to economic development; approving the submission to the Foreign-Trade Zones Board of an application for expansion of General-Purpose Foreign-Trade Zone No. 174 to include 69.6 acres located within Century Park along the Kolb Expressway between Valencia Parkway and Interstate 10; and declaring an emergency.

P. 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 SEPT27-99-482

      (2) TUCSON JEWISH COMMUNITY CENTER, Applicant: Susan A. Schoenberg, 3800 E. River Rd., SPECIAL EVENT, City No. T083-99, WIII

      (3) TUCSON JEWISH COMMUNITY CENTER, Applicant: Susan A. Schoenberg, 3800 E. River Rd., SPECIAL EVENT, City No. T084-99, WIII

      (4) RIALTO FOUNDATION, Applicant: Jeb B. Schoonover, 5th Ave. between Congress St. and Broadway Blvd., SPECIAL EVENT, City No. T092-99, WVI

      (5) RIALTO FOUNDATION, Applicant: Jeb B. Schoonover, Congress St. between 5th Ave. and 4th Ave., SPECIAL EVENT, City No. T093-99, WVI

      (6) ST. MONICA CATHOLIC CHURCH, Applicant: Reverend Fernando L. Manzo, 212 W. Medina Rd., SPECIAL EVENT, City No. T095-99, WI

      (7) PANTANO EXCHANGE CLUB, Applicant: James D. Campbell, 1145 E. Ft. Lowell Rd., SPECIAL EVENT, City No. T097-99, WIII

      (8) MAC DADDY'S, Applicant: Larry Cohen, 500 N. 4th Ave. #12, PERSON/LOCATION TRANSFERS, Series 6, City No. 068-99, WVI (CONTINUED FROM THE MEETING OF SEPTEMBER 20, 1999)

      PROTEST(S) RECEIVED

      (9) CAMPUS DELI CANTINA, Applicant: Hirdad R. Bouzari, 749 N. Park Ave., NEW LICENSE, Series 12, City No. 066-99, WVI (CONTINUED FROM THE MEETING OF SEPTEMBER 20, 1999)

      RECOMMENDATION FOR DENIAL

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Copyright City of Tucson. Posted: 9/27/99