MAYOR AND COUNCIL
PAST AGENDAS
CITY HALL
255 WEST ALAMEDA
TUCSON, ARIZONA
NOVEMBER 15, 1999
***12:00 NOON***

ESTIMATED DURATION

TOPICS

COMMENTS

15 mins. 1. Executive Session – El Presidio Neighborhood Association v. Paige (Ward 1) SS/NOV15-99-542 DISCUSSION OR CONSULTATION WITH THE ATTORNEYS FOR THE CITY OF TUCSON IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATORNEYS REGARDING THE CITY OF TUCSON’S POSITION IN PENDING OR CONTEMPLATED LITIGATION PURSUANT TO A.R.S. 38-431 (A) (4)
5 mins 2. Mayor and Council Direction Regarding Executive Session – El Presidio Neighborhood Association v. Paige (Ward 1) SS/NOV15-99-543 REPORT/ RECOMMENDATION
10 mins. 3. Executive Session – Settlement of Flood Damage Claims-(1) Tucson Electric Power, (2) Meritage Corporation (City-Wide) (Ward 1) SS/NOV15-99-538 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. 4. Mayor and Council Direction Regarding Executive Session – Settlement of Flood Damage Claims-(1) Tucson Electric Power, (2) Meritage Corporation (City-Wide) SS/NOV15-99-539 REPORT/ RECOMMENDATION
35 mins. 5. Executive Session – Labor Representation Ordinance Discussion (City-Wide) SS/NOV15-99-552 DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEYS FOR THE CITY OF TUCSON PURSUANT TO A.R.S. 38-431.03 (A) (3)
10 mins. 6. Labor Representation Ordinance Discussion (City-Wide) SS/NOV15-99-553 DISCUSSION
15 mins. 7. Supplemental Grant Award Agreement COPS Universal Hiring Grant for Community-Oriented Policing Services (City-Wide) * SS/NOV15-99-549 REPORT/ RECOMMENDATION

*ALSO ON REGULAR AGENDA

5 mins. 8. Boards, Committees and Commissions (City-Wide) SS/NOV15-99-544  
5 mins. 9. Mayor and Council Discussion of Regular Agenda SS/NOV15-99-545  
15 mins. 10. City of South Tucson Economic Development (Ward 5) SS/NOV15-99-540 REPORT/ RECOMMENDATION  

RECONVENE AFTER REGULAR AGENDA

5 mins. 11. Mayor and Council Subcommittees Status Report (City-Wide) SS/NOV15-99-547  
10 mins. 12. Waiving of Rezoning Application Fees for Downzonings(City-Wide) SS/NOV15-99-550 REPORT/ RECOMMENDATION  
5 mins. 13. Mayor and Council Discussion of Future Agendas SS/NOV15-99-546  
30 mins. 14. Tucson Downtown Alliance Financial and Performance Reports (City-Wide) SS/NOV15-99-541 REPORT/ RECOMMENDATION  
40 mins. 15. El Pueblo Clinic – Continued Discussions of Options for City Action (City-Wide) SS/NOV15-99-551 REPORT/DISCUSSION

FOR INFORMATION ONLY
16. Administrative Action Report and Summary - SS/NOV15-99-548

MAYOR AND COUNCIL REGULAR AGENDA
NOVEMBER 15, 1999
2:00 P.M.
MAYOR AND COUNCIL CHAMBERS
CITY HALL
255 W. ALAMEDA
TUCSON, ARIZONA


1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

    INVOCATION – Pastor Judy Marvel, Rosemont Community Church

    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 (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. ZONING: (C9-98-23) McMAHON – SWAN ROAD, R-1 TO O-2, ORDINANCE ADOPTION

    (a) Report from City Manager NOV15-99-599 WII

    (b) Request to rezone property located approximately 290 feet west of Swan Road and 360 feet south of Fort Lowell Road. The development plan is for a one-story office building within a larger office/restaurant/retail project with approximately 24,900 square feet of existing buildings and 16,720 feet of proposed buildings on 4.85 acres. Applicant: Frank Thomson of the Planning Center on behalf of McMahon Properties. The Planning Director recommends adoption of the ordinance presented. The City Manager recommends adoption of the ordinance presented.

    (c) Ordinance No. 9314 relating to zoning: Amending zoning district boundaries in the area located approximately 290 feet west of Swan Road and 360 feet south of Fort Lowell Road in case C9-98-23 McMahon – Swan Road, R-1 to O-2.

    Five (5) written approvals and twenty-seven (27) written protests were received. Ten (10) protests were located within the 150 foot notification area. The protests result in a 22.5 percent protest by area to the north, 46.2 percent protest by area to the south, 8.5 percent protest by area to the east, and 74.7 percent protest to the west.

    A Ύ majority vote of the Mayor and Council will be necessary to adopt the ordinance presented should the Mayor and Council choose to do so.

5. ZONING: (C9-99-14) KAUFMAN & BROAD – BONANZA AVENUE, SR TO R-1, ZONING EXAMINER'S REPORT

    (a) Report from City Manager NOV15-99-601 WIV

    (b) Report from Zoning Examiner dated October 15, 1999

    (c) This is a request by Mr. Mike Grassinger of the Planning Center on behalf of the property owner, the Martin Scheinkman Revocable Trust, and the developer, Kaufman and Broad, to rezone approximately 10.0 acres from SR to R-1 zoning. The rezoning site is located west of the Bonanza Road alignment and directly south of Dunham School. The preliminary development plan is for 40 one-story, single-family residences utilizing the Residential Cluster Project option for a density of 4.0 units per acre. The Zoning Examiner and the Planning Department recommend approval of R-1 zoning, subject to certain conditions. The City Manager recommends approval of R-1 zoning, subject to the following conditions.

      1. A subdivision plat, in substantial compliance with the Preliminary Development Plan, the Environmental Resource Report, and Design Compatibility Report, is to be submitted for review and approval in accordance with Section 4.1.0 of the LUC, including, but not limited to:

        a. All structures to be one-story with a maximum building height of sixteen (16) feet.

        b. The 100-year floodplain of the wash across northern portion of the parcel shall be maintained in a natural condition with the exception of pedestrian trails, including preservation of xeroriparian intermediate, or better, habitat.

        c. Pedestrian trails shall be provided along the north bank of the wash and along the northern boundary of the subdivision.

        d. Recordation of the Community Contract and Dunham School agreement.

      2. The owner/developer shall install the east curb and sidewalk and an all-weather drainage crossing along Bonanza Avenue from Golf Links Road north to the rezoning site. In lieu of permanent improvements to Bonanza Avenue, the owner/developer shall have the option of contributing funds to an escrow account to be used to cover the fair share costs of future typical street improvements (pavement, curbs, sidewalks, drainage structures, etc.) in the vicinity of this property. An in-lieu contribution of $725.00 per lot is appropriate for this single-family subdivision. This in-lieu amount could be reduced by the amount the developer spends on permanent improvements to off-site roadways.

      3. A drainage report shall be submitted for review and approval, including retention/detention calculations/requirements.

      4. Water harvesting techniques shall be incorporated in all new development by conveying all rooftop, parking area access lane (PAAL) and parking area drainage to designated water harvesting areas.

      5. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls visible from the public right-of-way 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.

      6. All new construction shall utilize earthtone colors and materials. Brighter colors may be used for accent.

      7. All areas identified as undisturbed open space shall be fenced off and protected prior to any on-site development activity.

      8. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.

      9. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.

      10. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.

      11. "Safe by Design" concepts shall be incorporated for review by the Tucson Police Department.

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

      13. Recordation of a final plat for construction of the proposed development in compliance with all Code requirements and conditions of rezoning by November 15, 2004.

      One (1) written approval and two (2) written protests have been received. Both of the protests are located within the 150 foot notice area resulting in a protest by area of 7.9 percent to the west, 13.6 percent to the south and zero percent to the north and east.

      A simple majority vote of the Mayor and Council will be necessary to adopt an ordinance once the conditions of rezoning have been met.

6. ZONING: (C9-99-17) NAOMI MILLSTONE TRUST – INTERSTATE 10, R-2 TO C-2, ZONING EXAMINER'S REPORT

    (a) Report from City Manager NOV15-99-605 WI

    (b) Report from Zoning Examiner dated October 29, 1999

    (c) This is a request by Mr. Michael Marks of MJM Consulting Inc., on behalf of the property owner, Naomi Millstone Trust, to rezone approximately 0.74 acres from R-2 to C-2 zoning. The zoning site is located on the southwest corner of the Interstate 10 Frontage Road and Simpson Street (AKA Mission Lane). The preliminary development plan is for a 7,350 square foot, twenty (20) foot high rigid tent-like structure and associated parking in connection with the Gem and Mineral Show. The Zoning Examiner and the Planning Department recommend approval of C-2 zoning, subject to certain conditions. The City Manager recommends approval of C-2 zoning, and adoption of the ordinance presented subject to the following conditions.

      1. A development plan, in substantial compliance with the Preliminary Development Plan and the Design Compatibility Report is to be submitted for review and approval in accordance with Section 5.3.8 of the LUC, including, but not limited to:

        a. All areas not landscaped shall be surfaced in some manner for dust control purposes.

        b. Vehicular egress from the rezoning site onto Simpson Street shall be signed or otherwise designated right turn only.

        c. No access to the Interstate 10 Frontage Road without written approval from the Arizona Department of Transportation. A current ADOT construction permit shall be provided to the City prior to development plan approval.

        d. The landscape plan shall include provisions for permanent (year-around) maintenance of the required landscaping.

        e. All structures shall utilize earthtone colors. Brighter colors may be used as accent only.

        f. No chain link fencing shall be permitted.

      2. The owner/developer shall install curb, sidewalk and necessary pavement along the Simpson Street frontage of the rezoning site.

      3. A hydrology report shall be submitted for review and approval.

      4. Water harvesting techniques shall be employed by conveying all parking area access lane (PAAL) and parking area drainage to designated water harvesting areas.

      5. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls visible from the public right-of-way 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.

      6. The access drive(s) shall be secured against vehicular access when not in use by a gate, bollards, or similar methods. Temporary measures such as concrete wheel stops are not acceptable.

      7. All outdoor lighting shall be directed down and away from adjacent residential parcels and public roadways and be as low in elevation as possible.

      8. An on-the-ground survey by a qualified archeologist shall be performed before any ground modification occurs, and if any remains are found, a data recovery program approved by the Arizona State Museum shall be performed.

      9. "Safe by Design" concepts shall be incorporated in the development plan for review by the Tucson Police Department.

      10. Construction of a permanent structure or the use of the property for any use not specifically related to the Gem and Mineral Show as indicated in the Design Compatibility Report shall be deemed a major change to the concept plan requiring a public hearing before the Mayor and Council.

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

      12. Site verification of compliance with all Code requirements and conditions of rezoning based on an approved development plan by November 15, 2000.

    (d) Ordinance No. 9315 relating to zoning: Amending zoning district boundaries in the vicinity of the southwest corner of the Interstate 10 Frontage Road and Simpson Street in case C9-99-17 Naomi Millstone Trust – Interstate 10, R-2 to C-2.

    Three (3) written approvals and zero (0) written protests have been received.

    A simple majority vote of the Mayor and Council will be necessary to adopt the ordinance presented, should the Mayor and Council choose to do so.

7. PRE-ANNEXATION AND DEVELOPMENT AGREEMENT: WITH IMATION CORPORATION FOR A FOREIGN-TRADE SUBZONE APPLICATION TO THE FOREIGN-TRADE ZONES BOARD

    (a) Report from City Manager NOV15-99-604 CITY-WIDE

    (b) Resolution No. 18432 relating to annexation; authorizing and approving the execution of a Pre-Annexation and Development Agreement between the City of Tucson and Imation.

8. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FOR ACQUISITION AND OPERATION OF A SHARED COMPUTER SYSTEM FOR DEVELOPMENT-RELATED PERMIT PROCESSES.

    (a) Report from City Manager NOV15-99-391 CITY-WIDE

    (b) Resolution No. 18434 relating to development services; authorizing the execution of a second intergovernmental agreement between Pima County and the City of Tucson for acquisition and operation of a shared computer system for development-related permit processes.

9. PUBLIC HEARING: AMENDING TUCSON CODE (CHAPTER 6) RELATING TO THE DIFFERENTIAL GRADING ORDINANCE

    (a) Report from City Manager NOV15-99-606 CITY-WIDE

    (b) Hearing

    (c) Ordinance No. 9317 relating to building safety; amending the differential grading criteria contained in the Uniform Building Code adopted by Ordinance No. 9155.

10. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

    (a) Report from City Manager NOV15-99-600 CITY-WIDE

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

12. ADJOURNMENT

    The next scheduled meeting of the Mayor and Council will be held on Monday, November 22, 1999, at 7:30 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.

MAYOR AND COUNCIL CONSENT AGENDA
NOVEMBER 15, 1999
2:00 P.M.
MAYOR AND COUNCIL CHAMBERS
CITY HALL
255 W. ALAMEDA
TUCSON, ARIZONA



A. GRANT AWARD AGREEMENT: WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR COMMUNITY ORIENTED POLICING SERVICES

    (1) Report from City Manager NOV15-99-594 CITY-WIDE

    (2) Resolution No. 18428 relating to law enforcement; approving and authorizing execution of a grant agreement with the United States Department of Justice for a police hiring supplement for community oriented policing services; authorizing the Chief of Police and City Manager to execute all documents pertaining thereto.

B. FINANCE: REALLOCATING BY MATURITY OUTSTANDING GENERAL OBLIGATION BONDS

    (1) Report from City Manager NOV15-99-595 CITY-WIDE

    (2) Ordinance No. 9313. An ordinance relating to outstanding City of Tucson General Obligation Bonds; determining the purposes for which particular maturing principal amounts of such bonds were issued; supplementing and amending various prior ordinances; and declaring an emergency.

C. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FOR THE JACKSON EMPLOYMENT CENTER "EMPLOYMENT IN THE CONTINUUM OF CARE" SERVICES PROJECT

    (1) Report from City Manager NOV15-99-597 CITY-WIDE

    (2) Resolution No. 18430 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with Pima County for the Jackson Employment Center for the "Employment in the Continuum of Care" Services Project.

D. INTERGOVERNMENTAL AGREEMENT: WITH MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT FOR SUN SOUNDS RADIO READING SERVICES

    (1) Report from City Manager NOV15-99-598 CITY-WIDE

    (2) Resolution No. 18431 relating to community services; approving and authorizing execution and extension of an intergovernmental agreement with the Maricopa County Community College District Governing Board for continued provision of radio reading services to eligible print-handicapped residents.

E. REAL PROPERTY: ACQUISITION OF RIGHT-OF-WAY FOR THE GOLF-LINKS ROAD BETWEEN PANTANO PARKWAY AND BONANZA AVENUE DISTRICT PAVING IMPROVEMENTS

    (1) Report from City Manager NOV15-99-596 WIII

    (2) Resolution No. 18429 relating real property; authorizing the City Manager to acquire by negotiation, and the City Attorney to condemn if necessary, certain real property.

F. SURPLUS PROPERTY: APPROVAL OF DONATION OF 10 COMPUTERS TO JACOBS/CITY YMCA

    (1) Report from City Manager NOV15-99-602 CITY-WIDE

G. SURPLUS PROPERTY: APPROVAL OF DONATION OF 10 COMPUTERS TO MANSFELD MIDDLE SCHOOL

    (1) Report from City Manager NOV15-99-603 CITY-WIDE

H. TUCSON CODE: AMENDMENT (CHAPTER 19) RELATING TO OCCUPATIONAL LICENSE TAX AND COMMUNITY SPECIAL EVENT VENDORS; DESIGNATING TUCSON RODEO PARADE AS A COMMUNITY SPECIAL EVENT

    (1) Report from City Manager NOV15-99-592 CITY-WIDE

    (2) Ordinance No. 9316 relating to finance; amending the Occupational License Tax to provide for community special event vendors by amending Section 19-41(C)(2) of the Tucson Code.

    (3) Resolution No. 18433 relating to community special events; designating boundaries of the Tucson Rodeo Parade; establishing dates; designating certain streets, alleys, public rights-of-way, sidewalks or portions thereof subject to Tucson Code Section 7-401.

I. REAL PROPERTY: CONVEYANCE OF PROPERTY LOCATED AT 11305 EAST BROADWAY BOULEVARD

    (1) Report from City Manager NOV15-99-607 OUTSIDE CITY

    (2) Resolution No. 18435 relating to real property; authorizing and approving the agreement for the exchange of real property between the City of Tucson and Dwight and Selene Jones.

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 NOV15-99-593

      (2) ST. MICHAEL AND ALL ANGELS EPISCOPAL CHURCH, Applicant: John R. Smith, 602 N. Wilmot Rd., SPECIAL EVENT, City No. T116-99, WII

      (3) MAIN STREET BILLIARDS, Applicant: John H. De Shetler, 8640 E. Broadway Blvd., PERSON TRANSFER, Series 6, City No. 094-99, WII

      (4) DIZZY G'S RESTAURANT, Applicant: Russell B. Gillespie, 75 E. Pennington St., PERSON TRANSFER, Series 7, City No. 095-99, WVI

      (5) BIG L MARKET, Applicant: Jamal A. Oudeif, 1353 S. 4th Ave., NEW LICENSE, Series 10, City No. 096-99, WV

      PROTEST(S) RECEIVED

      (6) CLUB ESPAÑA DE TUCSON, Applicant: Vicente Sanchez, 2150 N. Alvernon Way, SPECIAL EVENT, City No. T119-99, WVI

      (7) CHILDREN TO CHILDREN, Applicant: Linda P. Hardy, 4420 N. Oracle Rd., SPECIAL EVENT, City No. T120-99, WIII

      (8) PAPPY'S RESTAURANT, Applicant: Patricia A. Claves, 375 S. Stone Ave., NEW LICENSE, Series 12, City No. 112-99, WVI

      (9) APPLEBEE'S NEIGHBORHOOD GRILL, Applicant: Kurtis S. Montgomery, 4625 E. Grant Rd., NEW LICENSE, Series 12, City No. 092-99, WII (CONTINUED FROM THE MEETING OF NOVEMBER 8, 1999)

      PROTEST(S) RECEIVED

      (10) CUP & SAUCER RESTAURANT, Applicant: Charles W. Damon, Jr., 8987 E. Tanque Verde Rd., NEW LICENSE, Series 12, City No. 093-99, WII

      RECOMMENDATION FOR DENIAL

      (11) HOA MAI RESTAURANT, Applicant: Trang Xuan Thi Su, 2547 E. Broadway Blvd., PERSON TRANSFER, Series 7, City No. 097-99, WVI

      RECOMMENDATION FOR DENIAL

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Copyright City of Tucson. Posted: 11/15/99