MAYOR AND COUNCIL
PAST AGENDAS

SEPTEMBER 25, 2000
***1:00 P.M.***
CITY HALL
255 WEST ALAMEDA
TUCSON, ARIZONA

STUDY SESSION AGENDA ITEM 14 HAS BEEN ADDED:

ESTIMATED DURATION

TOPICS

COMMENTS

30 mins.

1. Executive Session Southern Arizona Water Rights Settlement Act Amendments (City-Wide) SS/SEPT25-00-421 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. SECTION 38-431.03 (A) (4)
7 mins 2. Mayor and Council Direction Regarding Executive Session - Southern Arizona Water Rights Settlement Act Amendments (City-Wide) SS/SEPT25-00-422 REPORT/RECOMMENDATION
1 hour 3. Operation of the Clearwater Renewable Resource Facility (formerly CAVSARP) and Central Wellfield beginning Spring 2001 (City-Wide and Outside the City) SS/SEPT25-00-428 REPORT/DISCUSSION
30 mins 4. Downtown Area District Heating and Cooling Project (City-Wide) SS/SEPT25-00-420 REPORT/RECOMMENDATION
20 mins. 5. CDBG Process (City-Wide) SS/SEPT25-00-424 REPORT/RECOMMENDATION
30 mins 6. Funding of Agencies that Discriminate (City-Wide) SS/SEPT25-00-429 REPORT/RECOMMENDATION
7 mins. 7. Boards, Committees and Commissions (City-Wide) SS/SEPT25-00-423  
7 mins. 8. Mayor and Council Discussion of Regular Agenda SS/SEPT25-00-425  
7 mins 9. Mayor and Council Discussion of Future Agendas SS/SEPT25-00-426  
15 mins 10. Metropolitan Energy Commission Annual Report (Ward 4) SS/SEPT25-00-431 REPORT/RECOMMENDATION
15 mins. 11. KidCo Facilities - Existing Capacity of Child Care Need In Our Community and Opportunities for Expansion in the Future (City-Wide) (Continued from Meeting of 9/18/00) SS/SEPT25-00-430 DISCUSSION
10 mins. 12. Parameters for Negotiating Annexations (City-Wide) (Continued from Meeting of 9/18/00) SS/SEPT25-00-419 DISCUSSION

FOR INFORMATION ONLY

13. Administrative Action Report and Summary - SS/SEPT25-00-427

ADDENDUM #1

ESTIMATED DURATION

TOPICS

COMMENTS

10 mins. 14. Presentation from the Southern Arizona Institute of Advanced Technology SS/SEPT25-00-432 REPORT/DISCUSSION

MAYOR AND COUNCIL REGULAR AGENDA
MONDAY, SEPTEMBER 25, 2000
7:30 P.M.
CITY HALL
MAYOR AND COUNCIL CHAMBERS
255 W. ALAMEDA
TUCSON, ARIZONA


REGULAR AGENDA ITEM NOS. 2 AND 9 HAVE BEEN AMENDED AND REGULAR AGENDA ITEM NO. 9A HAS BEEN ADDED:

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

3. CONSENT AGENDA - ITEMS A THROUGH J

FOR COMPLETE DESCRIPTION OF ITEMS
SEE THE 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. ZONING: (C9-99-21) TUSD - LA CIENEGA, SR TO R-1, ORDINANCE ADOPTION

5. ZONING: (C9-99-13) PEPPER-VINER - LA CIENEGA, SR TO R-1, ORDINANCE ADOPTION

6. SPECIAL EXCEPTION LAND USE PUBLIC HEARING: APPEAL OF ZONING EXAMINER'S DECISION, PRESIDIO SCHOOL, 3225 NORTH MARTIN, C-1 ZONE (SE-00-22)

7. PUBLIC HEARING: ZONING (C9-78-24) LINDQUIST - FORT LOWELL ROAD, R-1 TO R-2, REQUEST FOR CHANGE OF CONDITIONS AND CONCEPT PLAN AND ORDINANCE ADOPTION

8. PUBLIC HEARING: ZONING (C9-89-39) PERRILLO - GOLF LINKS ROAD, C-2 ZONING, REQUEST FOR CHANGE OF CONDITIONS AND CONCEPT PLAN AND ORDINANCE ADOPTION

AMENDED 9. PUBLIC HEARING: ZONING (C9-00-PAD-3B) GATEWAY CENTRE PLANNED AREA DEVELOPMENT (PAD) DEVELOPMENT AREA 10 - CHANGE OF CONDITIONS, PAD 3, ZONING EXAMINER'S REPORT AND ORDINANCE ADOPTION

Section II A.2.a.(9)

All public (or private, see II.B.5) streets shall be provided with a level of street lighting designed to protect the health, safety and welfare of those working in and passing through the PAD area. The parking lot lighting provided for the commercial development on Block 10 will be strategically placed to provide lighting for Prudence Road adjoining the western boundary of Block 10 consistent with the preliminary development plan attached as Appendix D. The intent of this level of street lighting is to address the neighboring property owners' concerns about light spillage.


Section II A.2.a.(11)

At the time Prudence Road is improved, the feasibility of controlling access to Calle Managua and Calle Merida shall be explored by the City, the developer, and the neighborhood. This might include the construction of a wall along the western side of Prudence Road in conjunction with design provisions which allow access and turnaround for public service vehicles at the eastern ends of Calle Managua and Calle Merida.

Improvements within the Prudence Road right-of-way shall be constructed consistent with the preliminary development plan and accompanying cross-sections attached as Appendix D, and shall supercede the conceptual cross-sections for Prudence Road shown in Exhibits 6 and 14.


Section II B.3.

Open Space and Recreation

* * * * *

Central to this system of open space features is the Pantano Wash itself, with a linear trail system proposed along the west bank between Broadway and Speedway, and a small urban park located along the wash north of the loop road. Within the site, a system of open malls and a central plaza provide both linkages between use areas and a central open space focal point to be enjoyed by employees and residents. The developer of Block 10 shall convey to the City such additional land as may be required to construct this portion of the linear trail system consistent with the preliminary development plan in Appendix D and the corresponding cross-sections (see Exhibit B). This dedication shall result in a linear trail to the east of Block 10 with an average width of approximately 45 feet, and minimum and maximum widths of 27 and 113 feet, respectively. The Developer of Block 10 shall be responsible for the design and construction of that portion of the linear trail within Block 10. (See Riverpark dedication requirements if golf course is proposed.)


Section II B.5.

Public Facilities

* * * * *

The developer of Gateway Centre shall be responsible for installation of public improvements, quality control, and overall project management for all phases and elements of the development program. The developer shall construct, install, or otherwise provide all public street, utility, and landscaping improvements pursuant to standards and specifications approved by the City of Tucson. Such improvements shall include at a minimum: access and connecting roadways from Broadway, Kolb, and Speedway; the internal loop road; all associated drainage, sewer and utilities; and a linear "Riverpark" along the west bank of Pantano Wash, including a park "node" (identified as Development Area No. 4). These improvements are to be dedicated, upon completion by phase of construction, to the City of Tucson, subject to City approval of design and construction and acceptance of maintenance responsibilities.

Development of Block 10 consistent with the preliminary development plan attached as Appendix D satisfies the infrastructure improvement requirements of this PAD for Block 10. Development of Block 10 does not impose an obligation on the Block 10 developer to complete the public street improvements creating access and connecting roadways from Kolb and alternative access to the Kolb Road and 5th Street intersection. Development of Block 10 does not, however, release the master developer or its successors or assigns from the obligation to complete the infrastructure improvements as required by this PAD.


Section II B.6.

Phasing

Phasing for the Gateway Centre is expected to occur over several years, based on economic and market conditions. Exhibit 9 depicts the anticipated sequence of the proposed phasing. Development will occur north of the TEP right-of-way first, in Planning Unit 3, and will end in Planning Units 1a and 1b and 5b. Roadways and other infrastructure facilities, including sewer, water, storm drain/flood control, and utilities must be constructed as development occurs. South of the right-of-way, it is expected that development will be phased from north to south.

Development of Block 10 for commercial purposes may occur outside of the general phasing requirement. This development shall not preclude development of Blocks 5 through 9 in accordance with the general phasing requirement and shall not preclude development of Blocks 5 through 9 under either development concept provided for in this PAD (Urban Core; Activity Center/Golf Course).


Section II D.10.c.(1)

Minimum Building Setback from Public (or Private, see AD note II.B.5) Streets: A distance equal to 60 percent of building height but not less than 20 feet. Building setbacks from Prudence Road for the commercial development on Block 10, consistent with the preliminary development plan attached as Appendix D, shall be measured from back of future curb location as provided in the City of Tucson Land Use Code (LUC).


Section II D.10.c.(5)

Parking Requirements: Required spaces shall be determined at the ratios set forth in Section 3.3.0 of the City of Tucson Land Use Code (LUC). Required parking for commercial development in Development Area 10 is based on one space per 230 square feet of floor area provided all circulation, cross-access and parking is totally integrated with development of the parcel between Development Area 10 and Broadway Boulevard.


Section II D.10.c.(7)

Special Screening or Buffering: In the event that the commercial development which fronts on Broadway to the south of this area remains under separate control, suitable combinations of walls and landscaping will be used to screen it from this development. Screening and buffering between Development Area 10 and the parcel fronting Broadway is not required provided development of both parcels is totally integrated.


Section II D.10.c.(8)

Wall Heights: The commercial development on Block 10 may construct a garden center enclosure, noise attenuation walls, and a screen wall within the western right-of-way of Prudence Road, at heights in excess of six (6) feet consistent with the preliminary development plan attached as Appendix D.


Section II D.10.c.(9)

Linear Park North/South PAAL Screening: The commercial development on Block 10 shall construct a barricade railing in place of masonry screening along the PAAL and install steps, approved by the City, that provide pedestrian access to the Riverpark on the east side of the commercial building consistent with the preliminary development plan attached as Appendix D.


ADDED Section II D.10.e Supplemental Development Criteria

  1. Access shall be provided from Broadway Boulevard and/or Prudence Road. There shall be no through access from Prudence Road to the Subdivision.
  2. The west side of the property shall be screened from the Subdivision by Prudence Road, walls and landscaping including a split face block masonry wall located within the western half of the Prudence Road right-of-way that is eight (8) feet or higher and is constructed with sound attenuation properties which substantially reduce the effect of sound on adjacent residential properties. The wall alignment shall vary with jogs, curves, notches, setbacks and other similar architectural features. The east side of the wall shall have varied vegetation which may include river rock, cactus, pyracantha or similar unfriendly vegetation which will deter access over the wall. A sixteen (16) foot landscape buffer shall be provided along the western edge of Home Depot's property along Prudence Road. Maintenance shall include vegetation replacement when unrecoverable decline occurs. Replacement vegetation shall be of equal size, shape and color as specified in the landscape plan unless an alternate vegetation is approved by the City after consultation with the Subdivision representatives. The vegetation on the west side of the wall shall be maintained as part of the site.
  3. Outdoor storage shall not be permitted within three hundred (300) feet of the west boundary of the property and where permitted shall be screened from offsite view. No storage shall be permitted to exceed the height of the screen.
  4. Trash collection areas shall be at least two hundred (200) feet from the western property line and shall be enclosed or screened from public view from the Subdivision. Any screen wall shall be masonry construction and at least eight (8) feet high. No trash may be removed between 4:00 p.m. and 9:00 a.m. as part of scheduled trash collection.

  1. A sidewalk at least 6' to 8' wide connecting the Home Depot to Broadway along Prudence Road with a three (3) foot landscape strip and canopy trees that provide 65%-75% shade during the major part of the day. Two access points to the linear park shall be provided. One shall be located near the southeastern corner of the building as shown on the Plan. The other shall be located near the northeastern corner of the building if the City agrees to reduce by two feet the minimum linear park width to be dedicated and constructed by the Developer in order to allow the Developer to construct a four-foot safety sidewalk along the eastern side of the PAAL next to the garden center as required by the City's Development Standards.
  2. No deliveries of merchandise to the store will occur between the hours of 10:00 p.m. and 7:00 a.m. Any loading dock within two hundred (200) feet of the Subdivision shall be enclosed. Any loading dock that is more than two hundred (200) feet from the Subdivision shall be screened from the Subdivision with the screen at least ten (10) feet above the level of the loading dock. Except for trucks using the lumber off-loading area at the northwest corner of the store, Home Depot shall instruct delivery trucks to exit on Broadway or the southernmost driveway on Prudence. The site shall be designed to encourage and Home Depot shall instruct truck traffic to enter and leave the site from Broadway or the southernmost driveway on Prudence and proceed by way of the east side of the property to the loading areas on the north side of the store building.
  3. Truck traffic shall be prohibited from being left idling on Prudence Road and truck shall be prohibited from being left idling on the site between the hours of 10:00 p.m. and 7:00 a.m.
  4. A photometric and outdoor lighting plan shall be submitted for approval with the development plan. All outdoor lighting will be designed to prevent light spillage beyond the site into the Subdivision. All parking lot lighting shall be externally shielded and directed down and away from the Subdivision. Light standards within two hundred (200) feet of the west boundary of the site shall be shielded as may be necessary to completely screen light sources (bulbs) from direct view by residents of the Subdivision.
  5. The height of the first row of parking lot lighting standards adjacent to Prudence Road shall not exceed sixteen (16) feet. The height of all other parking lot lighting standards shall not exceed a maximum of twenty-six (26) feet.
  6. All wall mounted lighting on buildings shall be shielded to prevent light spillage into the Subdivision. Wall mounted lighting on the west wall of the Home Depot store shall be a maximum of eight (8) feet in height, measured from the finished floor elevation of the store.
  7. Only low-pressure sodium lights will be used for security lighting from 10:00 p.m. to 7:00 a.m.
  8. Seasonal sales in the parking lot area shall not be permitted within two hundred fifty (250) feet of the western boundary of the site.
  9. No paging or other use of loud speakers shall be permitted within five hundred (500) feet of the Subdivision.
  10. No drive-through lanes for food service shall be permitted on the southeast most and southwest most pads. Exhaust scrubbers shall be provided on all food service tenants and developments which use commercial ranges, grills, fryers and similar cooking equipment.
  11. A Hazardous Materials Management Plan and Hazardous Materials Inventory Statement shall be provided to the Fire Department for approval prior to issuance of a certificate of occupancy.
  12. Buffer improvements will be designed so that no stormwater drainage will be directed into the Subdivision.
  13. Landfill remediation work shall be limited to 7:00 a.m. to 6:00 p.m. The site shall be screened during the remediation work with a temporary fence with windscreen material that shall be at least six (6) feet high and at least twelve (12) feet high on the west boundary of the property.
  14. The Home Depot store shall not be open for business between the hours of 10:00 p.m. and 5:30 a.m.
  15. The architectural design of the Home Depot store shall incorporate architectural features to provide variation in appearance and shall be in substantial conformance to the architectural plan approved by the Mayor and Council.
  16. The owners and operators of the Home Depot and the site shall provide for regular meetings with one or more residents of the Subdivision who are designated by the Broadway North/East Neighborhood Association to review implementation of the conditions.

*AMENDED (d) Ordinance No. 9469 relating to zoning: Amending PAD-3 Resolution No. 12133 in Case C9-00-SP3B C9-00-PAD-3B, Gateway Centre Planned Area Development - Development Area 10, located in the vicinity of the northeast of the intersection of Broadway Boulevard and Prudence Road; adding Appendix D and declaring an emergency.

*Technical correction not substantive.

Two (2) written approvals and fifteen (15) written protests have been received. Both approvals and seven (7) protests are located within 300 feet of the boundaries of Development Area 10.

A simple majority vote of the Mayor and Council will be necessary to adopt the ordinance presented approving the change of conditions to the Gateway Centre Planned Area Development for Development Area 10, should the Mayor and Council choose to do so.

9A. DEVELOPMENT AGREEMENT: WITH THE HOME DEPOT FOR THE DEVELOPMENT OF BLOCK 10 OF THE GATEWAY CENTRE

10. APPOINTMENTS TO BOARDS, COMMITTEES AND COMMISSIONS

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

12. ADJOURNMENT

MAYOR AND COUNCIL CONSENT AGENDA
MONDAY, SEPTEMBER 25, 2000
7:30 P.M.
CITY HALL
MAYOR AND COUNCIL CHAMBERS
255 W. ALAMEDA
TUCSON, ARIZONA



A. TELECOMMUNICATIONS: AMENDMENT TO THE LICENSE AGREEMENT WITH WILLIAMS COMMUNICATIONS, INC., FOR FIBER OPTICS CABLE ROUTE

    (1) Report from City Manager SEPT25-00-557 CITY-WIDE

    (2) Ordinance No. 9463 relating to Interstate Telecommunications, authorizing the amendment to the non-exclusive right-of-way license pursuant to Tucson Code Chapter 7B-36 to Williams Communications, Inc., a Delaware Corporation.

B. REAL PROPERTY: SECOND AMENDMENT TO LEASE WITH TUCSON MUSEUM OF ART FOR BUILDING USED BY OFFICE OF ECONOMIC DEVELOPMENT

    (1) Report from City Manager SEPT25-00-566 WI

    (2) Resolution No. 18729 relating to economic development; authorizing the second amendment to the lease of certain real property from the Tucson Museum of Art for use of the City Office of Economic Development.

C. SURPLUS PROPERTY: DONATION OF CELLULAR PHONES TO PIMA COUNTY ATTORNEY'S OFFICE FOR USE WITH THEIR DOMESTIC VIOLENCE PROGRAM

    (1) Report from City Manager SEPT25-00-560 CITY-WIDE

D. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FOR PARK IMPROVEMENTS IN THE SANTA RITA DISTRICT PARK

    (1) Report from City Manager SEPT25-00-561 WV

    (2) Resolution No. 18725 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with Pima County for park improvements in the Santa Rita District Park.

E. PUBLIC IMPROVEMENT: PANTANO ROAD, GOLF LINKS ROAD TO ESCALANTE ROAD DISTRICT PAVING IMPROVEMENT

    (1) Report from City Manager SEPT25-00-562 WIV

    (2) City Engineer submits plans, specifications, assessment diagram, and cost estimates.

    (3) Resolution No. 18695. A Resolution of the Mayor and Council of the City of Tucson, declaring its intention to improve by the construction of roadway improvements on Pantano Road from Golf Links Road to Escalante Road, approving assessment district diagram, determining that the proposed work or improvement is of more than local or ordinary public benefit, and determining that improvement bonds be issued by the City of Tucson to represent the costs and expenses thereof, under the provisions of Title 48, Chapter 4, Article 2, Arizona Revised Statutes and amendments and supplements thereto, said improvement to be known as the "Pantano Road, Golf Links Road to Escalante Road District Paving Improvement," all being within the City of Tucson, Arizona.

F. GRANT AGREEMENT: WITH PIMA ASSOCIATION OF GOVERNMENTS FOR TRANSPORTATION PLANNING AND PROFESSIONAL SERVICES DURING FISCAL YEAR 2000-2001

    (1) Report from City Manager SEPT25-00-563 CITY-WIDE

    (2) Resolution No. 18726 relating to transportation; approving and authorizing execution of a grant agreement with Pima Association of Governments for transportation planning and professional services.

G. REAL PROPERTY: MODIFICATION TO THE ADVANCE ACQUISITION PROGRAM AND ACQUISITION OF PROPERTY LOCATED AT 105 S. LONGFELLOW AVENUE

    (1) Report from City Manager SEPT25-00-565 CITY-WIDE

    (2) Resolution No. 18727 relating to real property; authorizing the acquisition of lots 1 and 2 of San Clemente from William K. Schrader, Jr. and Jane M. Schrader.

H. TUCSON CODE: IMPLEMENTING (CHAPTER 10) RELATING TO THE 2001-2002 POSITION COMPENSATION PLAN BY INCLUDING NEW CLASSIFICATIONS AND SALARY SCHEDULES

    (1) Report from City Manager SEPT25-00-553 CITY-WIDE

    (2) Ordinance No. 9465 relating to compensation plan; adding salary designations for classifications and salary schedules; implementing Tucson Code Section 10-31.

I. COMMUNITY SERVICES: SUBMISSION OF PUBLIC HOUSING ASSESSMENT SYSTEM PROGRAM CERTIFICATION FOR FISCAL YEAR ENDING 2000

    (1) Report from City Manager SEPT25-00-554 CITY-WIDE

    (2) Resolution No. 18728 relating to community services; authorizing and directing the City of Tucson Community Services Department to certify to the United States Department of Housing and Urban Development (HUD) its standing on financial and management indicators required under the Public Housing Assessment System Program (PHAS) as of fiscal year ending June 30, 2000.

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 SEPT25-00-559

    (2) MALONEY'S TAVERN, Applicant: Mike D. Mastro, 301 E. Stevens Ave., TEMPORARY EXTENSION OF PREMISES, City No. EP44-00, WVI

    (3) CONGRESS TAP ROOM INC, Applicant: Richard S. Oseran, 311 E. Congress St., TEMPORARY EXTENSION OF PREMISES, City No. EP45-00, WVI

    (4) MAT BEVEL INSTITUTE, Applicant: Ned W. Schaper, 530 N. Stone Ave., SPECIAL EVENT, City No. T094-00, WVI

    (5) TUCSON MEDICAL CENTER FOUNDATION, Applicant: Marla J. Caulk, 3645 W. Starr Pass Blvd., SPECIAL EVENT, City No. T095-00, WI

    (6) SOUTH TUCSON LIONS, Applicant: Fernando Acevedo, 4825 S. 6th Ave., SPECIAL EVENT, City No. T097-00, WV

    (7) WEST TUCSON GROCERY OUTLET, Applicant: David B. Winn, 825 E. Grant Rd., NEW LICENSE, Series 10, City No. 089-00, WIII

    PROTEST(S) RECEIVED

    (8) WILLIE'S MARKET, Applicant: Louis Seidenverg, 1866 S. Country Club Rd., NEW LICENSE, Series 10, City No. 090-00, WV

    (9) ENSENADA SEAFOOD, Applicant: Elvia Y. Rodriguez, 999 N. Swan Rd., NEW LICENSE, Series 12, City No. 091-00, WVI

    (10) SULLIVAN'S STEAKHOUSE, Applicant: Mark S. Mednansky, 1786 E. River Rd., NEW LICENSE, Series 12, City No. 093-00, WIII

City Home Page Clerk's Home Page Archived Agenda Files EMail Help City Home Page


Copyright City of Tucson. Posted: 9/25/00