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Mayor and Council Past Agendas

MAYOR AND COUNCIL STUDY SESSION AGENDA

Mayor and Council
Study Session Agenda


MAYOR AND COUNCIL CHAMBERS - CITY HALL, 255 W. ALAMEDA
FEBRUARY 4, 2002
***12:00 P.M.***

ESTIMATED DURATION

TOPICS

COMMENTS

15 mins.

1. Executive Session - Clark v. City of Tucson SS/FEB4-02-26

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 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. 38-431.03(A)(4).

7 min.

2. Mayor and Council Direction Regarding Executive Session - Clark v. City of Tucson (City-Wide) SS/FEB4-02-27

REPORT/RECOMMENDATION

15 min.

3. Executive Session - Hinton v. City of Tucson (City-Wide) SS/FEB4-02-23

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 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. 38-431.03(A)(4).

7 min.

4. Mayor and Council Direction Regarding Executive Session - Hinton v. City of Tucson (City-Wide) SS/FEB4-02-34

REPORT/RECOMMENDATION

7 min.

5. Boards, Commissions and Committees (City-Wide) SS/FEB4-02-35

 

7 min.

6. Mayor and Council Discussion of Regular Agenda (City-Wide) SS/FEB4-02-32

 

15 min.

7. Greater Tucson Economic Council (GTEC) 2002 Update (City-Wide) SS/FEB4-02-24

REPORT/RECOMMENDATION

7 min.

8. Submission of the Proposed Five-Year Capital Improvement Program, Fiscal Years 2003 through 2007 (City-Wide) SS/FEB4-02-28

REPORT/RECOMMENDATION

20 min.

9. Indian House Historic Zone Initiation (Ward 6) SS/FEB4-02-29

REPORT/RECOMMENDATION

15 min.

10. Intergovernmental Relations: Discussion of 2002 State and Federal Legislation Affecting the City (City-Wide) SS/FEB4-02-30

REPORT/RECOMMENDATION

10 min.

11. Discussion of Arizona House Bill 2022 "Agricultural Water, Best Management Practices" (City-Wide & Outside City) SS/FEB4-02-31

REPORT/RECOMMENDATION

7 min.

12. Mayor and Council Discussion of Future Agendas (City-Wide) SS/FEB4-02-33

 

2 hrs. (Reconvene folowing reg. mtg.)

13. Strategic Planning Session: Downtown and Economic Development (City-Wide) SS/FEB4-02-36

REPORT/RECOMMENDATION

MAYOR AND COUNCIL REGULAR AGENDA

REGULAR MEETING

MONDAY, February 4th, 2002 - 2:00 P.M.
MAYOR AND COUNCIL CHAMBERS
(CITY HALL, 255 WEST ALAMEDA, TUCSON, ARIZONA)

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Gary Stokes, Vineyard City Church

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

PRESENTATIONS

    (a) Proclamation - Proclaiming February 4 - February 9, 2002 to be "African-American Read-In Week".

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

    (a) Report from City Manager FEB4-02-69 CITY-WIDE

4. CALL TO THE AUDIENCE:

At this time, any member of the public is allowed to address the Mayor and City Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the City Manager to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "call to the audience."

5. CONSENT AGENDA - ITEMS A THROUGH C

FOR COMPLETE DESCRIPTION OF ITEMS SEE THE CONSENT AGENDA SEE THE CONSENT AGENDA

6. LIQUOR LICENSE APPLICATIONS

    (a) Report from City Manager FEB04-02-68

    (b) LIQUOR LICENSE APPLICATION(S)

    New License(s)

      (1) GARRETT'S IGA SUPERMARKET Staff Recommendation
      1740 W. Ajo Way
      Applicant: Raymond E. Garrett Police: In Compliance
      City #135-01, located in Ward 1 Planning: In Compliance
      Series #9 Business License: In Compliance
      Action must be taken by: February 11, 2002

      (2) CHEVRON Staff Recommendation
      1169 W. Irvington Road
      Applicant: Randy D. Nations Police: In Compliance
      City #136-01, located in Ward 1 Planning: In Compliance
      Series #10 Business License: In Compliance
      Action must be taken by: February 10, 2002
      Public Opinion: PROTEST FILED

      NOTE: State law provides that a new license, "In all proceedings before the governing body of a…city the applicant bears the burden of showing that the public convenience requires and that the best interest of community will be substantially served by the issuance of a license". (A.R.S Section 4-201)

      Person Transfer(s)

        (3) STEIN - N - DINE Staff Recommendation
        7002 E. Golf Links Road
        Applicant: Darrell A. Rubink Police: In Compliance
        City #137-01, located in Ward 4 Planning: In Compliance
        Series #6 Business License: In Compliance
        Action must be taken by: February 16, 2002

        NOTE: For a person to person transfer of a number six license, the State Liquor Board will not hold a hearing to consider a protest of location or permit testimony against the location at a hearing scheduled to evaluate the personal qualification of the applicant.

      (c) Special Event(s)

        (1) TUCSON MUSEUM OF ART Staff Recommendation
        140 N. Main Avenue
        Applicant: Charlie E. Bodden Police: In Compliance
        City #T001-02, located in Ward 1 Planning: In Compliance
        Date of Event: February 15, 2002

        (2) TUCSON MUSEUM OF ART Staff Recommendation
        140 N. Main Avenue
        Applicant: Charlie E. Bodden Police: In Compliance
        City #T002-02, located in Ward 1 Planning: In Compliance
        Date of Event: February 22, 2002

        (3) TUCSON MUSEUM OF ART Staff Recommendation
        140 N. Main Avenue
        Applicant: Charlie E. Bodden Police: In Compliance
        City #T003-02, located in Ward 1 Planning: In Compliance
        Date of Event: February 23, 2002

        (4) OUR MOTHER OF SORROWS CHURCH Staff Recommendation
        1800 S. Kolb Road
        Applicant: Thomas M. McGuire Police: In Compliance
        City #T006-02, located in Ward 4 Planning: In Compliance
        Date of Event: February 9, 2002

      (d) Extension of Premises(s)

        (1) THE FRENCH QUARTER Staff Recommendation
        3146 E. Grant Road
        Applicant: William B. Zeagler Police: DENIED
        City #EP03-02, located in Ward 6 Planning: In Compliance
        Type: Temporary Extension
        Date of Event : February 12, 2002

7. APPEAL: (S-01-19) APPEAL OF THE SIGN CODE ADVISORY AND APPEALS BOARD DECISION - 5630-5638 E. SPEEDWAY BOULEVARD, PO BOYS INVESTORS LLC, NEW BALANCE (CITY APPEAL NO. S-01-004)

    (a) Report from City Manager FEB4-02-72 WVI

    (b) Applicant/Appellant: Jill Phanco of Fluoresco Lighting and Signs; representing the applicant PO Boys Investors LLC, New Balance.

    This is an appeal of decisions by the Sign Code Advisory and Appeals Board relating to an existing sign. The sign was treated as a legal nonconforming sign when the underlying property was used as a restaurant. When the underlying use changed from a restaurant to a shoe store, the Building Official ruled that a "change of use" had occurred, and ordered the sign to be brought into conformance with the requirements of the current Sign Code.

    Applicant appealed the Building Official's change of use determination to the Sign Code Advisory and Appeals Board. In the alternative, if the Sign Code Advisory and Appeals Board upheld the change of use determination, the Applicant sought variances that would allow the continued use of the existing sign.

    The Sign Code Advisory and Appeals Board upheld the Building Official's determination that a change of use had occurred when the restaurant was replaced with a shoe store. The Sign Code Advisory and Appeals Board then granted a variance to allow the leading edge of the sign to be placed 15 feet from the curb, but denied the applicant's request for area and height variances. The requested variances would have allowed the applicant to alter the existing sign without having to bring it into conformance with the current Sign Code. Specifically, the resulting pole sign would have been 90 square feet in area, 26 feet high, with a setback of 15 feet from the existing curb.

    The applicant is appealing the Board's decisions to the Mayor and Council.

    The City Manager recommends that the Mayor and Council consider the merits of the appeal and vote to uphold the decisions of the Board.

8. ZONING: (SE-01-33) LOWE'S - ORACLE ROAD, C-2 ZONING SPECIAL EXCEPTION LAND USE AND ZONING EXAMINER'S REPORT

    (a) Report from City Manager FEB4-02-73 WIII

    (b) Zoning Examiner's Report dated November 30, 2001

    (c) Request to allow a large retail establishment. The special exception site is located at the southwest corner of Oracle Road and Limberlost Drive. The preliminary development plan proposes demolition of 126,000 square feet of existing buildings, construction of a new home improvement store and a restaurant. The Zoning Examiner recommends approval of the special exception land use request. The City Manager recommends approval subject to certain conditions.

      1. A development plan, in substantial compliance with the preliminary development plan dated November 13, 2001, and elevation drawing dated July 23, 2001, the other supporting materials submitted with the special exception land use request, and the following conditions, is to be submitted and approved in accordance with Section 5.3.8 of the LUC.

      2. The owner/developer shall dedicate or verify the existence of right-of-way, per the MS&R along Oracle Road.

      3. The following roadway improvements are required:

        a. A continuous southbound right turn lane along the Oracle Road frontage.

        b. An eastbound to southbound right turn lane on Limberlost Drive at Oracle Road.

        c. Modifications to the Oracle Road median islands as dictated and approved by the Department of Transportation to:

          1. Eliminate turning conflicts between traffic egressing this site and the property on the east side of Oracle Road.

          2. Provide additional northbound to westbound turn lane storage.

          3. Pedestrian ramps and median widening to accommodate pedestrian storage at the Oracle Road/Limberlost Drive traffic signal

        d. Modification to the Oracle Road/Limberlost Drive intersection traffic signal system to accommodate the above roadway improvements.

      4. The owner/developer shall update the Oracle Road/Limberlost Drive traffic signal to current standards including wiring, conduit, and detection to accommodate this development.

      5. The owner/developer shall provide 100% assurances for a future total rebuild of the Oracle Road/Limberlost Drive traffic signal to occur when left turn arrows are warranted. This includes but is not limited to new signal equipment, signal poles and foundations, wiring, conduit, and a video detection system.

      6. The owner/developer shall fund the design and construction of a bus bay pad and shelter on Oracle Road south of Limberlost Drive.

      7. The easternmost driveway onto Limberlost Drive is to be designed in an angle to direct traffic towards Oracle Road. Both access points to Limberlost Drive are to be signed "Right Turn Only."

      8. Prepare and submit for approval a detailed hydrology and hydraulics report with a detention retention analysis/provision addressing the entire 12.35 acre site, assuming it is undeveloped. The analysis shall include provision of an onsite 5-year Threshold Retention basin, assuming that the site is currently undeveloped.

      9. Water harvesting techniques shall be extensively utilized by directing all roof and parking area runoff to landscape areas prior to releasing it to City drainage systems or streets.

      10. The site shall be graded such that no flows exit to Oracle Road.

      11. All pedestrian bridges across public drainage shall be paid for by the owner/developer of this development.

      12. A maintenance plan prepared by an Arizona Registered Professional Engineer shall be prepared to ensure that the onsite detention/retention facilities are performing adequately at all times.

      13. Outdoor storage and display within the Garden Center shall not be stacked or stored higher than the walls/screening of the Garden Center.

      14. The enclosed trash compactor and loading docks shall not be visible from public streets and sidewalks, internal pedestrian walkways, or surrounding residential properties.

      15. Trash compactor and loading docks are to be located a minimum of 76 feet from the west property line, and are to be enclosed by a 10-foot high masonry wall on the west side, and by access gates on the north side. These access gates are to provide a continuous opaque screening.

      16. Delivery and loading hours shall be 7 a.m. to 10 p.m. Delivery vehicles shall not be parked outside of the loading areas within 300 feet of the west or south property lines during non-delivery hours.

      17. Forklifts shall not be operated outside of the building during non-delivery hours.

      18. All loading and parking is to be located on site.

      19. Outdoor display limited to seasonal items only, no permanent outdoor display except within the garden center. Seasonal outdoor display areas shall be noted on the plan and shall not be located within the parking lot or required pedestrian ways.

      20. No outdoor storage other than shopping cart storage, except within the garden center.

      21. A minimum of 566 parking spaces shall be provided on-site, in compliance with the requirements of the Land Use Code.

      22. If located outside the building, shopping cart storage areas shall be large enough to contain all shopping carts used on the site and designed to be compatible with the materials, textures and colors of the main building. Shopping cart return corrals may be located in the parking lot in designated locations.

      23. Windows shall be added at the southeast corner of the building adjacent to the walkway south of the building.

      24. The roofline on the southeast corner of the building shall be extended to create a cover for the walkway south of the building.

      25. Colors and materials shall be as submitted for the large retail establishment shall be per the color board submitted to the DRB dated August 13, 2001.

      26. All outdoor lighting, pole or wall mounted, within two hundred (200) feet of the south or west property line shall be no higher than 16 feet, measured to the light source. Spillover light shall be no greater than shown on the photometric plan submitted with the special exception request.

      27. Outdoor lighting shall be low-pressure sodium between the hours of 10 p.m. and 7 a.m.

      28. During hours when the large retail establishment is not open for business and employees other than security personnel have left the premises, subject to review by the Tucson Police Department, outdoor lighting shall be dimmed to no greater than required for security purposes.

      29. Minimum building setback from west property line: 76 feet. Minimum building setback from south property line: 72 feet.

      30. Minimum width of landscape border along west property line: 43 feet, except at the northwest and southwest corners, with a minimum landscape width of 20 feet. A 10-foot high decorative wall to be installed along the east side of the landscape border.

      31. Minimum width of landscape border along south property line: 34 feet, except at the southwest corner, with a minimum landscape width of 10 feet. An 8-foot high decorative wall to be installed along the north side of the landscape border.

      32. The landscape borders along the west and south boundaries of the site must include the use of canopy trees, planted every 20 to 30 feet and averaging not less than one every 25 feet. Trees in this border shall be a species that will grow to a height of 30 feet in five years.

      33. All perimeter walls should incorporate visually appealing design treatments, such as varied wall alignments (jog, curve, notch, setback, etc.); trees and shrubbery in voids created by wall variations; the use of two or more wall materials on the wall surface; the incorporation of a visually interesting design on the wall surface; and/or, the use of decorative features of tile, stone, or brick. A detail of the walls demonstrating compliance with this condition is to be included in the development plan to be reviewed.

      34. Signage is to be integrated into the overall design of the new building, improving overall aesthetic appeal and promoting ease of use of the development.

      35. "Safe by Design" concepts are to be incorporated in the development plan, and must be reviewed by the Tucson Police Department.

      36. A pedestrian system with sidewalks at least eight (8) feet wide and unobstructed shall connect the public street sidewalks, the main entrances to the store, the transit stop, other buildings on the site, the driveway between Pad 2 and Pad 3, and adjacent residential neighborhoods.

      37. An archaeological assessment and survey shall be performed by a qualified archaeologist before any grading or other ground modification takes place. If cultural features or remains are found, testing and data recovery shall be completed as needed. Copies of testing plans, testing reports, data recovery plans and final reports shall be submitted to and approved by the City Historic Preservation Office prior to construction work commencing. If, during construction, human remains and associated burial items are discovered, ground disturbing activities in the vicinity of the discovery will cease, the discovery site will be secured, and the Arizona State Museum will be immediately notified as required under A. R. S 41-865.

      38. Chain link fencing is not permitted.

      39. All roof drains shall be integrated into the wall design per the DRB submittal.

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

      41. A building permit shall be obtained within five (5) years of the granting of the special exception.

Five (5) written approvals and zero (0) written protests have been received.

A simple majority vote will be necessary to approve the special exception land use.

9. ANNEXATION: STARR PASS RESORT ANNEXATION DISTRICT

    (a) Report from City Manager FEB4-02-65 WI

10. PUBLIC HEARING: ZONING (C15-02-01) ESTABLISHING ORIGINAL CITY ZONING FOR THE CITY STARR PASS RESORT ANNEXATION DISTRICT

    (a) Report from City Manager FEB4-02-66 WI

    (b) Hearing

11. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

    (a) Report from City Manager FEB4-02-67 CITY-WIDE

12. CALL TO THE AUDIENCE

At this time, any member of the public is allowed to address the Mayor and City Council on any issue. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the City Manager to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "call to the audience."

13. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, February 11, 2002, at 7:30 p.m. in the Mayor and Council Chambers, 255 W. Alameda, Tucson, Arizona.

MAYOR AND COUNCIL CONSENT AGENDA

Mayor and Council
Consent Agenda

MONDAY, February 4, 2002 - 2:00 P.M.
MAYOR AND COUNCIL CHAMBERS
(CITY HALL, 255 WEST ALAMEDA, TUCSON, ARIZONA)

A. GRANT: ACCEPTANCE OF GRANT FUNDS FROM THE STATE HISTORIC PRESERVATION OFFICE FOR A MULTIPLE PROPERTY NOMINATION TO THE NATIONAL REGISTER OF HISTORIC PLACES FOR DOWNTOWN TUCSON

    (1) Report from City Manager FEB4-02-70 WI, WV & WVI

    (2) Resolution No. 19112 relating to historic preservation; approving and authorizing the acceptance of the grant funds from State Historic Preservation Office for National Register Nomination Project; and declaring an emergency.

B. WATER: EXPANDING PERMITTED USES OF REVENUES FROM CAP SURCHARGE ON WATER BILLS

    (1) Report from City Manager FEB4-02-71 CITY-WIDE

    (2) Ordinance No. 9669 relating to water; establishing a reserve fund for City of Tucson capital projects using Colorado River water, or for payment of the City's Central Arizona Project capital or commodity charges relating to its allocation or use of Colorado River water, describing the source of the fund's assets and providing for the administration of the fund; and declaring an emergency.

C. APPROVAL OF MINUTES:
July 10, 2000
August 7, 2000
September 5, 2000

City Clerk's Office | Current Agenda


 

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