MAYOR AND COUNCIL
PAST AGENDAS

MONDAY, MARCH 26, 2001
***1:30 P.M.***
CITY HALL
255 WEST ALAMEDA
TUCSON, ARIZONA

ESTIMATED DURATION

TOPICS

COMMENTS

30 mins.

1. Executive Session - Labor Negotiations with TACE (City-Wide) SS/MARCH26-01-106

DISCUSSION OR CONSULTATION 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 REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION PURSUANT TO A.R.S. SECTION 38-431.03 (A) (4) AND DISCUSSION OR CONSULTATION WITH DESIGNATED REPRESENTATIVES OF THE CITY OF TUCSON IN ORDER TO CONSIDER ITS POSITION OR INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS WITH EMPLOYEE ORGANIZATIONS REGARDING SALARIES, SALARY SCHEDULES OR COMPENSATION PAID IN THE FORM OF FRINGE BENEFITS OF EMPLOYEES OF THE CITY OF TUCSON PURSUANT TO A.R.S 38-431.01 (A) (5)

7 mins.

2. Mayor and Council Direction Regarding Executive Session - Labor Negotiations with TACE (City-Wide) SS/MARCH26-01-107

REPORT/RECOMMENDATION

10 mins.

3. Executive Session - Bodnar Claim (City- Wide) SS/MARCH26-01-108

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 REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION PURSUANT TO A.R.S. SECTION 38-431.03 (A) (4)

7 mins.

 

4. Mayor and Council Direction Regarding Executive Session - Bodnar Claim (City-Wide) SS/MARCH26-01-109

REPORT/RECOMMENDATION

20 mins.

    5. Executive Session - Gun Shows: Tucson Convention Center Policy (City-Wide) SS/MARCH26-01-115

DISCUSSION OR CONSULTATION 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 REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION PURSUANT TO A.R.S. SECTION 38-431.03 (A) (4)

7 mins.

6. Mayor and Council Direction Regarding Executive Session - Gun Shows: Tucson Convention Center Policy (City-Wide) SS/MARCH26-01-116

REPORT/RECOMMENDATION

7 mins.

7. Pima Association of Governments (PAG) Management Committee’s Recommendations to Regional Council (City-Wide) SS/MARCH26-01-105

REPORT/RECOMMENDATION

7 mins.

8. Boards, Committees and Commission

(City-Wide) SS/MARCH26-01-113

 

7 mins.

9. Mayor and Council Discussion of Regular Agenda SS/MARCH26-01-104

 

20 mins.

10. State Legislative Matters (City-Wide) SS/MARCH26-01-111

REPORT/RECOMMENDATION

7 mins.

11. Federal Legislative Matters (City-Wide) SS/MARCH26-01-112

REPORT/RECOMMENDATION

7 mins.

12. Mayor and Council Discussion of Future Agendas SS/MARCH26-01-103

 

15 mins.

13. Presentation Regarding the Department of Defense Ambassador Program (City-Wide) SS/MARCH26-01-110

REPORT/RECOMMENDATION

20 mins.

14. City Court Magistrates Salary Adjustment (City-Wide) SS/MARCH26-01-118

REPORT/RECOMMENDATION

20 mins.

15. Project Excalibur Revisions (City-Wide) (Continued from the meeting of 3/19/01) SS/MARCH26-01-117

REPORT/RECOMMENDATION

FOR INFORMATION ONLY

16. Administrative Action Report and Summary - SS/MARCH26-01-114

MAYOR AND COUNCIL REGULAR AGENDA
MONDAY, MARCH 26, 2001
7:30 P.M.
CITY HALL
MAYOR AND COUNCIL CHAMBERS
255 W. ALAMEDA
TUCSON, ARIZONA


1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

    INVOCATION - Pastor Allen Franzke, Desert Valley 7th Day Adventist Church

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

    PRESENTATION(S):

    (a) Proclamation - Proclaiming March 2001 to be "American Red Cross Month" and presentation of a "Certificate of Appreciation" to Dan Newburn, Interim Fire Chief and the Tucson Firefighters Association

3. CITY MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS

    (a) Report from City Manager MARCH26-01-137 CITY-WIDE

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

5. CONSENT AGENDA - ITEMS A THROUGH J

FOR COMPLETE DESCRIPTION OF ITEMS

SEE ATTACHED 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.

6. LIQUOR LICENSE APPLICATIONS

    (a) Report from City Manager MARCH26-01-136

    (b) LIQUOR LICENSE APPLICATION(S)

      New License(s)
       
      (1) RESTAURANTE EL PITAYO
      375 S. Stone Avenue
      Applicant: Mercedes R. Duarte
      City #015-01, located in Ward 6
      Series #12
      Staff Recommendation
      Police: In Compliance
      Planning: In Compliance
      Business License: In Compliance
      (2) BLADEWORLD
      1065 W. Grant Road
      Applicant: Paul Edward Sticker
      City #017-01, located in Ward 3
      Series #12

      ONE PROTEST RECEIVED

      Staff Recommendation
      Police: In Compliance
      Planning: In Compliance
      Business License: In Compliance
      (3) WINGER'S
      5523 E. Grant Road
      Applicant: Garrett Robb Smith
      City #018-01, located in Ward 2
      Series #12
      Staff Recommendation
      Police: In Compliance
      Planning: In Compliance
      Business License: In Compliance
      (4) CHIHUAHUA MARKET
      4870 S. 12th Avenue
      Applicant: Arwa Karim Sayage
      City #013-01, located in Ward 1
      Series #10

      ONE PROTEST RECEIVED
      CONTINUED FROM MARCH 19, 2001 MEETING

      Staff Recommendation
      Police: In Compliance
      Planning: In Compliance
      Business License: In Compliance
       
      Person Transfer License(s)
       
      (5) SADDLEHORN SALOON
      6300 E. Tanque Verde Road
      Applicant: Bradford Lee Kemp
      City #014-01, located in Ward 2
      Series #06
      Staff Recommendation
      Police: In Compliance
      Planning: In Compliance
      Business License: In Compliance
       
      Person and Location Transfer License(s)
       
      (6) C J's Sports Bar and Grill
      4581 S. 12th Avenue
      Applicant: Jose Francisco Mada
      City #016-01, located in Ward 5
      Series #06

      ONE PROTEST RECEIVED

      Staff Recommendation
      Police: DENIAL
      Planning: In Compliance
      Business License: DENIAL - Due to delinquent taxes

    (c) SPECIAL EVENTS

      (1) COMITÉ DE FESTIVIDADES MEXICANAS
      3700 S. La Cholla Blvd.
      Applicant: Mercedes M. Guerrero
      City #T019-01, located in Ward 1
      Date of Event: April 8, 2001
      Staff Recommendation
      Police: In Compliance
      Planning: In Compliance
      (2) CHICANOS POR LA CAUSA, INC.
      3700 S. La Cholla Blvd.
      Applicant: Valerie Diaz Colwell
      City #T022-01, located in Ward 1
      Date of Event: April 21, 2001 and April 22, 2001
      Staff Recommendation
      Police: In Compliance
      Planning: In Compliance
      (3) ST. CYRIL CATHOLIC CHURCH AND SCHOOL
      4725 E. Pima Street
      Applicant: Amy E. Haas
      City #: T026-01, located in Ward 6
      Date of Event: April 7, 2001
      Staff Recommendation
      Police: In Compliance
      Planning: In Compliance

    (d) EXTENSION OF PREMISES

      (1) AIN'T NOBODY'S BIZNESS
      2900 E. Broadway Blvd.
      Applicant: Melinda M. Brown
      City #EP08-01, located in Ward 6
      Type: Temporary Extension
      Date of Event: May 5, 2001 and May 6, 2001
      Staff Recommendation
      Police: In Compliance
      Planning: In Compliance
      (2) EL CHARRO AT THE MERCADO
      6310 E. Broadway Blvd.
      Applicant: Raymon Carlo Flores
      City #EP11-01, located in Ward 4
      Type: Temporary Extension
      Date of Event: May 5, 2001
      Staff Recommendation
      Police: In Compliance
      Planning: In Compliance
      (3) O'MALLEYS ON FOURTH
      247 N. 4th Avenue
      Applicant: Scott James Cummings
      City #EP14-01, located in Ward 6
      Type: Temporary Extension
      Date of Event: April 2, 2001
      April 21, 2001
      April 26, 2001
      Staff Recommendation
      Police: In Compliance
      Planning: In Compliance
      (4) O'MALLEYS ON FOURTH
      247 N. 4th Avenue
      Applicant: Scott James Cummings
      City #EP15-01, located in Ward 6
      Type: Temporary Extension
      Date of Event: May 10, 2001 and May 12, 2001
      Staff Recommendation
      Police: In Compliance
      Planning: In Compliance
      (4) O'MALLEYS ON FOURTH
      247 N. 4th Avenue
      Applicant: Scott James Cummings
      City #EP15-01, located in Ward 6
      Type: Temporary Extension
      Date of Event: May 10, 2001 and May 12, 2001
      Staff Recommendation
      Police: In Compliance
      Planning: In Compliance
      (5) ON THE BORDER MEXICAN GRILL AND CANTINA
      5205 E. Broadway Blvd.
      Applicant: Clare H. Abel
      City #EP07-01, located in Ward 6
      Type: Permanent Extension
      Date of Event: N/A
      Staff Recommendation
      Police: In Compliance
      Planning: In Compliance

    7. MAYOR AND COUNCIL: SELECTION OF VICE-CHAIR

      (a) Report from City Manager MARCH26-01-142 CITY-WIDE

      (b) Resolution No. 18864 relating to the Vice-Chair of the Mayor and Council; selecting a Vice-Chair.

    8. intergovernmental agreement: WITH Pima County to purchase homes in unincorporated Pima County

      (a) Report from City Manager MARCH26-01-151 CITY-WIDE & OUTSIDE CITY

      (b) Resolution No. 18867 relating to community services; authorizing and approving the execution of an intergovernmental agreement between the City of Tucson and Pima County to purchase homes in unincorporated Pima County.

    9. city magistrates: appointment of City Magistrate

      (a) Report from City Manager MARCH26-01-156 CITY-WIDE

      (b) Ordinance No. 9533 relating to city magistrates; appointing Gilda M. Terrazas City Magistrate of the City of Tucson; fixing compensation.

    10. PUBLIC HEARING: ZONING (C9-98-22) MATTHEWS - SWAN ROAD, R-2 TO O-2, CHANGE OF CONDITIONS AND PRELIMINARY DEVELOPMENT PLAN

      (a) Report from City Manager MARCH26-01-147 WVI

      (b) Hearing on a request to change conditions and the approved preliminary development plan for property located on the west side of Swan Road approximately 335 feet north of Pima Street, from R-2 to O-2 zoning. Applicant: Joseph Maher, Jr., on behalf of the property owner, Parent and Child Abuse

      Prevention Center, Inc. The revised preliminary development plan is for the demolition of the existing house and construction of a new 2,800 square foot office building with residential character on an approximately 0.44 acre lot. The Planning Department recommends approval of the requested change of conditions and preliminary development plan and authorization of O-1 zoning in lieu of the requested O-2 zoning subject to compliance of conditions of rezoning. The City Manager recommends approval of the requested change of conditions and preliminary development plan, and authorization of O-1 zoning in lieu of the requested O-2 zoning, subject to compliance with current codes and the following revised conditions of rezoning. If O-2 zoning is authorized, condition 1.a. should not be deleted. (Deleted, added, or amended conditions are noted in the left margin. Within the conditions new text is underscored, deleted text is strikethrough.)

        Amended 1. A development plan, in substantial compliance with the preliminary development plan dated November 16, 2000, and the Design Compatibility Report, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to:

          Deleted a. Solid waste provisions to be at least fifty (50) feet from adjacent residentially zoned property.

          b. Vehicular ingress/egress limited to one point from Swan Road along the southside of the building.

          c. Canopy trees to be provided along the north and west property lines at a ratio of one tree per 33 linear feet. Additional shrubs and groundcover shall be provided to create a minimum 50 percent coverage within two years.

          Amended d. New building to be brick construction or brick façade, with pitch roof with a maximum height of 14 feet. Colors found predominately in the natural desert landscape shall be used for exterior walls.

        2. The owner/developer shall dedicate the necessary right-of-way for Swan Road per the Major Streets and Routes Plan.

        3. The owner/developer shall upgrade the existing Sun Tran bus facility as required by the Department of Transportation.

        4. Freestanding signage for this development shall be limited to one (1) sign with a maximum of two (2) sign faces, a maximum of 30 square feet per sign face, and a maximum sign height of eight (8) feet. Freestanding signage shall be designed of the same materials and colors as the building and walls, and shall be integrated into the landscape buffer area.

        Amended 5. Prepare and submit for approval a detailed drainage report that includes safe acceptance and disposal of both onsite and offsite runoff. The report shall include detailed analysis of a detention/retention system with no outflow to Swan Road. A 5-Year Threshold Retention system shall be provided. A drainage statement shall be submitted and approved.

        Amended 6. Water harvesting techniques shall be used by first draining roof discharges to detention/retention areas prior to discharging across the property lines in a sheet flow manner. Water harvesting areas, about 10 feet wide shall be provided along the south, west and north property lines, within the parcel. Stormwater harvesting shall be maximized by depressing the landscaped areas six (6) inches.

        7. All exterior lighting shall be low sodium and shall be directed down and away from adjacent residential properties. It shall be mounted below the height of the required screen walls.

        8. 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. In addition, any continuous wall greater than 75 feet in length and 3 feet in height shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

        9. An on-the-ground archeological survey shall be performed and submitted to the Arizona State Museum for approval before the development plan is approved.

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

        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.

        Amended 12. Compliance Five years are allowed in which to comply with all Code requirements and conditions of rezoning by November 16, 2003.

        Added 13. Evaluate in detail the discharge in Swan Road (a Balanced Basin) and analyze the effect of 100-year discharge along the east property line.

        Added 14. Provide a maintenance plan for the retention basin prepared and sealed by an Arizona Registered Professional Engineer.

      One (1) written approval and eleven (11) written protests were received the last time this case was considered by the Mayor and Council. Two (2) protests are within the 150 foot notification area and result in a 100 percent protest by area to the east, 17.3 percent protest to the north, 19.4 percent protest to the south and zero percent protest to the west.

      A three-fourths majority vote of the Mayor and Council will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

    11. PUBLIC HEARING: ZONING (C9-95-32) BRECKENRIDGE - PANTANO ROAD, RX-1 TO R-3, RETRO-ACTIVE FIVE-YEAR TIME EXTENSION AND ORDINANCE ADOPTION

      (a) Report from City Manager MARCH26-01-149 WII

      (b) Hearing on a request for a retro-active five-year time extension for the completion of the rezoning conditions for the property located on the eastside of Pantano Road, approximately 1500 feet north of Broadway Boulevard. Applicant: Roger Breckenridge, the property owner. The preliminary development plan is for a 75-unit, two-story assisted living facility and a 44 bed adult care facility on 3.18 acres. The original five-year authorization expired on March 18, 2001. The Planning Department recommends approval of the requested five-year time extension from March 18, 2001, to March 18, 2006, subject to the revised conditions of rezoning. The City Manager recommends the Mayor and Council approve the requested five-year time extension form March 18, 2001, to March 18, 2006, subject to the following conditions, and adoption of the ordinance presented. (Added, or amended conditions are noted in the left margin. Within the conditions new text is underscored, deleted text is strikethrough.)

        1. A development plan, in substantial compliance with the revised preliminary development plan, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to the following.

          a. The maximum building height shall be 30 feet, except that the building height along the easternmost row of buildings shall be restricted to 26 feet, as shown on the revised preliminary development.

          b. Architectural elements of the proposed buildings shall be designed in accordance with the elevation drawings submitted with the revised preliminary development plan.

          c. The development plan shall demonstrate how architectural elements are compatible with existing residential land uses, using the following techniques:

        (1) Where the subject development is adjacent to R-1 zoned property, balconies shall be directed away from the three existing single-family residences.

        (2) A variety of rooflines is to be incorporated in the development to break up building mass where building heights are in excess of 20 feet, as submitted with the revised preliminary development plan.

          d. The minimum building setback from the east property boundary shall be as indicated on the revised preliminary development plan.

          e. Provide a minimum five-foot-wide landscape buffer along the east property boundary which includes a mix of canopy trees and understory plants. Canopy trees at planting should be of a size that will reach 50 percent of their mature growth within two growing seasons and should be placed at intervals that ensure the canopies will touch at maturity.

          f. A six foot high masonry wall is required along the property line. The masonry wall along the north and east property boundary shall be constructed or coated with graffiti-resistant material. A combination of the following features that are consistent with the color and finish of the other structures on the site in the design of the wall shall be

          utilized: (1) Decorative materials (e.g., tile, stone, brick, adobe, or wood), textured covering materials (e.g., stucco or plaster), or a combination of two or more materials; and (2) Colors that are predominant in the natural desert landscape.

          Amended g. No more than two access points onto Pantano Road shall be permitted, aligned with the existing development access points on the opposite side of Pantano Road as shown on the preliminary development plan. The owner/applicant is to improve Pantano Road with a right-turn lane, if warranted by a traffic study analysis accepted by the Department of Transportation, along the entire property frontage to serve the two access points and install a new curb and sidewalk. The turn lane will allow the access points to be aligned with the proposed Parking Area Access Lanes (PAALs).

          h. The development plan shall include an internal pedestrian and bicycle circulation system that is also connected to Pantano Road.

          i. Outdoor trash receptacles and loading areas shall be located a minimum of 50 feet away from any adjacent R-1 zone.

          j. An on-the-ground archaeological site survey shall be conducted, and the results shall be provided at the time of the submittal of the development plan. The findings shall be submitted together with a mitigation plan to the Arizona State Museum, prior to excavation.

        2. Incorporate "Safe by Design" concepts in the development plan, as recommended by the Tucson Police Department.

        3. Outdoor lighting shall be shielded and directed away from adjacent residential zones.

        4. Compliance is required with the guidelines for the handling of desert wildlife provided by the Arizona Game and Fish Department.

        5. Grading of development parcels shall be limited to within four months of actual construction to protect wildlife habitats and to preclude the premature grading of parcels that may cause excessive rainwater runoff from sealed soil conditions.

        Amended 6. Prepare and submit for approval a detailed Hydrology Study and Hydraulics Analysis to determine the discharges, on-site and off-site that drain the site. The report shall include provision of both detention and a 5-year Threshold Retention. A drainage report shall be submitted with the development plan.

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

        Amended 8. Compliance Five years, dating from March 18, 1996, are allowed to comply with all Code requirements and conditions of rezoning by March 18, 2006.

        Added 9. Water harvesting techniques shall be used by directing roof and parking area drainage to landscape areas. A portion of the water harvesting site could be located in the common area and all or a portion of the 5-year Threshold Retention volume could be stored in this area.

        Added 10. The developer shall participate in contributing funds for a drainage culvert or other facility under Pantano Road when the existing drainage structure is improved or modified to handle 100-year flood flows. The contribution shall be approximately 25% of the construction cost.

        Added 11. The combination of all drainage flows exiting the site shall not exceed the currently existing discharge in Pantano Road.

      (d) Ordinance No. 9532 relating to zoning: Amending zoning district boundaries in the area located on the eastside of Pantano Road, approximately 1500 feet north of Broadway Boulevard in Case C9-95-32, Breckenridge - Pantano Road, RX-1 to R-3 (Ward 2).

      Two (2) written approvals and zero written protests have been received in this case.

      A simple majority vote of the Mayor and Council will be necessary to approve the proposed changes and adopt he ordinance presented.

    12. PUBLIC HEARING: ZONING (C9-95-12) SHETTLESWORTH - CAMPBELL AVENUE, R-1 TO C-1, CHANGE OF DEVELOPMENT PLAN AND CONDITIONS

      (a) Report from City Manager MARCH26-01-150 WV

      (b) Hearing on a request to change the approved preliminary development plan and conditions for property located on the west side of Campbell Avenue approximately 700 feet south of Irvington Road. Applicant: Greg Zimmermean of L.R. Niemiec Architects, on behalf of the property owner, Jack L. Shettlesworth. The previously approved site plan is for two restaurants and four storage buildings on 3.8 acres. The revised preliminary development plan is for a charter school with 300 students on 3.3 acres. The Planning Department recommends approval of the requested change of preliminary development plan, subject to compliance of conditions of rezoning. The City Manager recommends approval of the requested change of preliminary development plan and change of conditions, subject to the following revised conditions. (Added or amended conditions are noted in the left margin. Within the conditions new text is underscored, deleted text is strikethrough.)

        Amended 1. A development plan in substantial compliance with the preliminary development plan dated February 7, 2001, shall be submitted for review and approval in accordance with Section 5.3.8. of the Tucson Land Use Code (LUC) including, but not limited to:

          Amended a. Height of all buildings 180 220 feet or less from the Campbell Avenue right-of-way shall be limited to 30 feet and no more than one two stories, including the proposed bell tower, as proposed in the preliminary development plan dated February 7, 2001.

          Amended b. Height of all buildings more than 180 220 feet from the Campbell Avenue right-of-way shall be limited to 16 feet.

          Amended c. Access to Campbell Avenue shall be limited to no more than three points as shown on the preliminary development plan dated February 7, 2001.

          Amended d. Perimeter buffering on the west and south boundaries shall include a six-foot masonry wall constructed of or painted with graffiti resistant materials and canopy trees in a ten-foot landscaped area as shown on the preliminary development plan dated February 7, 2001.

          Amended e. Trash collection sites shall be located away from existing residential areas as shown on the preliminary development plan dated February 7, 2001.

          Amended f. Shield and direct outdoor/security lighting away from adjacent residential uses. Lighting fixtures shall be located as low in elevation as possible, no more than 16 feet above grade measured to the light source, to minimize impacts on existing residential, and shall incorporate vandal resistant covers.

          Deleted g. Design or locate balconies/second-story walkways and windows to protect the privacy of adjacent residential development.

          Amended h. Noise generating uses such as loading zones, guard dogs, and intercom systems/loudspeakers/bells or other audible signals, shall be located a minimum of fifty (50) feet away and buffered from adjacent residential uses.

          Deleted i. If an ice storage facility is proposed on the final development plan, it shall be limited in size to a building no larger than required to accommodate a maximum of five tons of ice storage and ancillary office and retail areas.

        Amended 2. Prepare and submit for approval a detailed Hydrology and Hydraulics Report. The report shall address both detention and 5-year Threshold Retention. A drainage report addressing retention and detention shall be submitted for review and approval.

        Deleted 3. Documentation that the property owner/developer has attempted to secure a cross-access easement agreement to permit integration of vehicular circulation with the existing commercial project to the north shall be provided with any development plan submittal.

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

        5. Compliance with all Code requirements and conditions of rezoning by June 26, 2005.

        6. "Safe-by-Design" concepts shall be incorporated into the development for review by the Tucson Police Department.

        Amended 7. Water harvesting techniques shall be used by directing a major portion of roof and parking area discharge to landscape area(s). A portion of the 5-year Threshold Retention volume may be stored in the incorporated in all new development by conveying all rooftop and parking area drainage to designated water harvesting areas.

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

        Added 9. The hydraulic analysis shall include the entry of offsite flows and design for safe passage of these flows across and or around the development. Overflows from a south tributary of Julian Wash diversion canal adjacent to Campbell Avenue, shall be addressed.

        Added 10. The outflows from this development shall not increase the capacity of the existing outlet channel north of the Mira Loma Townhouses development. Any increase in capacity requiring any channel modification shall be financed by this development.

        Added 11. 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. In addition, any continuous wall greater than 75 feet in length and 3 feet in height shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

        Added 12. Hours of operation shall be limited to between 7:00 A.M. to 7:00 P.M. Monday through Friday. Weekend activities are not permitted.

      Five (5) written approvals and five (5) written protests have been received in this case. The protests equate to an eight percent protest by area to the east, and a zero percent protest by area to the south, north, and west.

      A simple majority vote of the Mayor and Council will be necessary to approve the proposed changes and adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

    13. PUBLIC HEARING: amendment to the Sam Hughes Neighborhood Plan - SOUTHEAST CORNER OF TUCSON BOULEVARD AND 5TH STREET

      (a) Report from City Manager MARCH26-01-154 WVI

      (b) Hearing on a request to amend the Sam Hughes Neighborhood Plan. The applicant is Loren Acker of Winged Foot Associates. The amendment site is located at the southeast corner of Tucson Boulevard and 5th Street, on the west ends of two residential lots fronting on Forgeus Avenue and on a parcel fronting 6th Street that is currently a legal non-conforming parking lot. The applicant proposes parking on four residential lots.

      (c) Resolution No. 18868 relating to planning and zoning; amending the Sam Hughes Neighborhood Plan.

      The City Manager recommends that the resolution amending the Sam Hughes Neighborhood Plan be adopted with the condition that the specific concerns related to lighting and design be addressed in the rezoning, that direct access from the Center to 5th Street not be permitted and that the applicant participate with City Traffic Engineering in reaching a safe access solution to and from 6th Street.

    14. PUBLIC HEARING: CITY OF TUCSON AND PIMA COUNTY CONSORTIUM PUBLIC HOUSING AUTHORITY ANNUAL PLAN FOR FISCAL YEAR 2001

      (a) Report from City Manager MARCH26-01-152 CITY-WIDE

      (b) Hearing

      The City Manager recommends that staff incorporate input received from the public hearing into the Public Housing Authority Annual Plan and that staff be directed to return on April 9, 2001 with a resolution approving the Annual Plan.

    15. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

      (a) Report from City Manager MARCH26-01-155 CITY-WIDE

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

    17. ADJOURNMENT

      The next scheduled meeting of the Mayor and Council will be held on Monday, April 2, 2001, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.

MAYOR AND COUNCIL CONSENT AGENDA
MONDAY, MARCH 26, 2001
7:30 P.M.
CITY HALL
MAYOR AND COUNCIL CHAMBERS
255 W. ALAMEDA
TUCSON, ARIZONA



A. Industrial Development Authority: appointment to the Board of Directors

    (1) Report from City Manager MARCH26-01-138 CITY-WIDE

    (2) Resolution No. 18861 relating to the Industrial Development Authority; appointing Jaime Gutierrez and Sonia Trejo to the Board of Directors.

B. REAL PROPERTY: VACATION AND CONVEYANCE OF ALLEY RIGHT-OF-WAY IN THE PROPOSED BUTTERFIELD RANCH SUBDIVISION

    (1) Report from City Manager MARCH26-01-139 WIV

    (2) Ordinance No. 9530 relating to real property; vacating and declaring certain portions of alley right-of-way in the proposed Butterfield Ranch, Lots 1 through 192, Subdivision to be surplus, and authorizing the exchange of a portion thereof to the developer of Butterfield Ranch, and the conveyance of a portion thereof to the developer of Butterfield Ranch under the paper plat process.

C. INTERGOVERNMENTAL AGREEMENT: WITH Arizona Department of Transportation FOR A program on defensive vehicle operations

    (1) Report from City Manager MARCH26-01-140 CITY-WIDE

    (2) Resolution No. 18862 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with Arizona Department of Transportation, Motor Vehicle Division, Enforcement Services Program.

D. assurance agreements: Butterfield Ranch Subdivision, Lots 1 to 192 and Common Area "A" (s99-056)

    (1) Report from City Manager MARCH26-01-141 WIV

    (2) Resolution No. 18863 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 Butterfield Ranch Subdivision, Lots 1 to 192 and Common Area "A".

E. FINAL PLAT: (S99-056) Butterfield Ranch Subdivision, Lots 1 to 192 and Common Area "A"

    (1) Report from City Manager MARCH26-01-143 WIV

    (2) The City Manager recommends that, after the approval of the assurance agreement, the Mayor and Council approve the final plat as presented. Development Services recommends approval of the final plat by Mayor and Council. The applicant is advised that building/occupancy permits are subject to the availability of water/sewer capacity at the time of actual application.

F. FINAL PLAT: (S00-046) 18TH & mEYER, LOTS 1 TO 5

    (1) Report from City Manager MARCH26-01-144 WVI

    (2) The City Manager recommends the Mayor and Council approve the final plat as presented. Development Services recommends approval of the final plat by Mayor and Council. The applicant is advised that building/occupancy permits are subject to the availability of water/sewer capacity at the time of actual application.

G. GRANT: ACCEPTING Historic Preservation Funds for the San Clemente Neighborhood

    (1) Report from City Manager MARCH26-01-145 WVI

    (2) Resolution No. 18866 relating to historic preservation; authorizing and approving the acceptance of Historic Preservation Funds for the San Clemente Neighborhood.

H. FINAL PLAT: (S00-050) SAM HUGHES CENTRE CONDOMINIUM, UNITS 100 AND 102 AND COMMON ELEMENTS "A" AND "B"

    (1) Report from City Manager MARCH26-01-146 WVI

    (2) The City Manager recommends the Mayor and Council approve the final plat as presented. Development Services recommends approval of the final plat by Mayor and Council. The applicant is advised that building/occupancy permits are subject to the availability of water/sewer capacity at the time of actual application.

I. Memorial: urging the Secretary of the Interior of the united States to fund construction of the Western Archeological and Conservation Center

    (1) Report from City Manager MARCH26-01-148 WI

    (2) A Memorial relating to the Western Archeological and Conservation Center; urging the Secretary of the Interior of the United States to fund construction of the Western Archeological and Conservation Center within the City of Tucson Downtown Commerce Park.

J. City Court: authorizing Tucson City Magistrates to hear and resolve JUVENILE misdemeanor traffic citations

    (1) Report from City Manager MARCH26-01-153 CITY-WIDE

    (2) Resolution No. 18865 relating to City Court; approving and authorizing Tucson City Magistrates to hear and resolve civil and misdemeanor traffic citations, other than driving under the influence, issued to persons under eighteen years of age.

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