| ESTIMATED DURATION | TOPICS | COMMENTS |
|---|---|---|
| 15 mins. | 1. Executive Session - United States Aviation Underwriters, Inc. v. Tucson Airport Authority, City of Tucson (City-Wide) SS/SEPT8-97-431 | 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. 38.431.03(A) (4) |
| 5 mins. | 2. Mayor and Council Direction Regarding Executive Session - United States Aviation Underwriters, Inc. v. Tucson Airport Authority, City of Tucson (City-Wide) SS/SEPT8-97-432 | REPORT/RECOMMENDATION |
| 15 mins. | 3. Executive Session - City of Tucson v. Harold Laz (City-Wide) SS/SEPT8-97-440 | DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEYS FOR THE CITY OF TUCSON PURSUANT TO A.R.S. 38.431.03 (A) (3) ANDDISCUSSION 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. 38.431.03(A) (4) |
| 5 mins. | 4. Mayor and Council Direction Regarding Executive Session - City of Tucson v. Harold Laz (City-Wide) SS/SEPT8-97-441 | REPORT/RECOMMENDATION |
| 5 mins. | 5. Mayor and Council Discussion of Regular Agenda SS/SEPT8-97-437 | |
| 20 mins. | 6. Welfare Reform In Arizona (City-Wide) SS/SEPT8-97-443 | REPORT/DISCUSSION |
| 10 mins. | 7. Resolutions To Be Presented To The Arizona League of Cities and Towns (City-Wide) SS/SEPT8-97-434 | REPORT/RECOMMENDATION |
| 15 mins. | 8. Downtown Security (City-Wide) (Continued From Meeting of 8/18/97) SS/SEPT8-97-433 | REPORT/DISCUSSION |
| 5 mins. | 9. Request for Funds United Way of Greater Tucson (City-Wide) SS/SEPT8-97-435 | REPORT/RECOMMENDATION |
| 5 mins. | 10. Request for Funds U.S. Department of Housing & Urban Development (City-Wide) SS/SEPT8-97-444 | REPORT/RECOMMENDATION |
| 15 mins. | 11. Land Use Code Amendment - Variance Procedures (City-Wide) SS/SEPT8-97-442 | REPORT/RECOMMENDATION |
| 5 mins. | 12. Mayor and Council Subcommittees Status Reports (City-Wide) SS/SEPT8-97-439 | |
| 5 mins. | 13. Mayor and Council Discussion of Future Agendas SS/SEPT8-97-438 | |
| 5 mins. | 14. Boards, Committees and Commissions SS/SEPT8-97-436 | |
| 15. Administrative Action Report and Summary FOR INFORMATION ONLY SS/SEPT8-97-445 |
2. INVOCATION AND PLEDGE OF ALLEGIANCE
PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance
3. CONSENT AGENDA - ITEMS A THROUGH F
SEE 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.
3A. PLAT AGENDA - ITEMS A THROUGH D
SEE PLAT AGENDA
Matters listed under the Plat 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 Plat Agenda and will be considered separately.
4. ZONING: (C9-97-11) DOWNTOWN DEVELOPMENT CORP. -5TH AVENUE, R-3 TO C-2, C-3 AND P
(b) Report from Zoning Examiner dated August 1, 1997
(c) Request to rezone approximately 1.89 acres located on the east and west sides of 5th Avenue north of 6th Avenue. Applicant: Paul Schock of ENSEEKO, LLC, on behalf of the property owners Downtown Development Corp. and Juanita Branch. The preliminary development plan proposes an international arts center consisting of residential, art studio, rehearsal, performance, art gallery, restaurant, and office uses within the former Lohse YMCA and adding a parking lot on the west side of 5th Avenue. The Planning Department and the Zoning Examiner recommend approval of C-2, C-3 and P zoning, subject certain conditions. The City Manager recommends approval of C-2, C-3 and P zoning and adoption of the attached ordinance, subject to the following conditions.
b. The parking must be provided substantially as shown on the revised concept plan. The parking and access design must be reviewed for impact on the surrounding residential uses.
3. The owner shall close all unused curb cuts; replace all damaged sidewalk; install new curb access ramps, as necessary; and provide a continuous sidewalk system.
4. The applicant/owner shall coordinate appropriate signage with the Traffic Engineering Division.
5. All parking areas, including the west parking lot, shall be completed in the first phase.
6. Outdoor/security light shall be shielded and directed away from adjacent residential uses.
7. Refuse dumpsters and loading spaces shall be located a minimum of 50 feet away from any residentially-zoned properties.
8. Any required or proposed masonry screen walls shall be constructed with graffiti-resistant materials and shall be maintained in a graffiti-free condition.
9. A drainage report addressing detention and threshold retention shall be submitted.
10. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.
11. No loudspeakers or live music shall be allowed outside the building.
12. Traffic control devices acceptable to the City shall be placed on 5th Avenue to restrict access north into the residential neighborhood.
13. Any future change of the parking area to a sculpture garden or other use will require a new public hearing and approval of the Mayor and Council.
14. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
15. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.
A simple majority vote will be necessary to adopt the subject ordinance should the Mayor and Council choose to do so.
5. ZONING: (C9-97 12) HERNANDEZ - 28TH STREET, SR TO RX-2
(b) Report from Zoning Examiner dated August 1, 1997
(c) Request to rezone approximately 1.37 acres on the north side of 28th Street approximately 660 feet east of Harrison Road. Applicant: Patrick and Teresa Bunker, on behalf of the property owners, Lorenzo and Sally Hernandez. The preliminary development plan proposes two (2) single-family residential lots. The Planning Department and the Zoning Examiner recommend approval of RX-2 zoning, subject to certain conditions. The City Manager recommends approval of RX-2 zoning and adoption of the subject ordinance, subject to the following conditions.
b. The residences are to be one story and limited to 16 feet in height as defined in the Tucson Land Use Code (LUC).
c. Masonry construction is required for any new buildings or additions.
d. Salvage and reuse of on-site vegetation for landscaping is required.
3. A drainage statement shall be submitted and approved.
4. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development will be at no expense to the public.
5. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.
A simple majority vote will be necessary to adopt the ordinance presented rezoning the subject property should the Mayor and Council choose to do so.
6. ZONING: (C9-97-13) LECHNER - FORT LOWELL ROAD, R-3 TO C-1
(b) Report from Zoning Examiner dated August 22, 1997
(c) Request to rezone approximately 0.40 acres on the south side of Fort Lowell Road approximately 475 feet east of Alvernon Way. Applicant: Matthew H. Hamilton, on behalf of the property owners, Mr. and Mrs. Thomas J. Lechner. The preliminary development plan proposes the conversion of the two existing residences into professional offices or retail uses. The plan also proposes that the rear portion of the property, which is not being rezoned as a part of this case, will be developed with 4 attached residential units under the existing MH-1 zoning. The Planning Department and the Zoning Examiner recommend approval of C-1 zoning, subject to certain conditions. The City Manager recommends approval of C-1 zoning and adoption of the ordinance presented, subject to the following conditions.
b. Outdoor lighting must be shielded, mounted below the height of the screen walls, or directed down and away from adjacent residential development.
c. Dumpsters shall be at least 20 feet away from any residentially-zoned properties (other than the residentially zoned portion of this parcel).
3. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials and 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. Enhance the visual appearance of any continuous wall greater than 75 feet in length and 3 feet in height, by varying the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.
4. A drainage report shall be submitted and approved, including details of retention/detention.
5. "Safe by Design" concepts shall be incorporated in the project for review by the Tucson Police Department.
6. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
7. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.
A simple majority vote will be necessary to adopt the subject ordinance should the Mayor and Council choose to do so.
7. PUBLIC HEARING: ZONING (C9-89-20) ESTES - VALENCIA ROAD, O-3 TO C-1, CHANGE OF CONCEPT PLAN AND TWO-YEAR TIME EXTENSION
(b) Hearing on a request to consider a change of concept plan and a two-year time extension for a 3.16 acre portion of a 13,250 square-foot shopping center on 11 acres located on the northwest corner of Valencia Road and Commerce Court Road. Applicant: Wayne D. Silberschlag of Burlini/Silberschlag on behalf of the property owner, Midvale/Valencia Investors, LLC. The City Manager recommends the Mayor and Council approve the change of concept plan and the two-year time extension to complete the rezoning conditions to September 11, 1999, subject to the following conditions of rezoning and submittal of a development plan in compliance with all conditions and current Code requirements.
MODIFY a. A 20-foot wide drought tolerant landscaped area shall be provided along the east (175 feet north of Valencia Road) at points of ingress/egress, as shown on the submitted concept plan.
ADD b. The development site shall be buffered along the north edge with a minimum 50-foot building setback which includes a minimum ten-foot landscaped area.
ADD c. Dumpsters and loading zones are to be located a minimum fifty (50) feet from any residential uses or zoning.
MODIFY 3. Compliance with the Master Midvale Park Drainage Study. A drainage report consistent with the Midvale Park Master Drainage Plan/Report is required.
MODIFY 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.
MODIFY 5. The owner/applicant is allowed two (2) years to September 11, 1999, Three years to comply with all Code requirements and conditions of rezoning.
ADD 6. The installation of an additional lane of paving on the north side of Valencia Road (westbound), east of Commerce Court Road, to accommodate right turns onto Commerce Court Road; and the installation of all code required improvements on Commerce Court Road are required by the owner/developer. Said turn lane and code improvements shall be installed coincident with the installation of the first (earliest) driveway access from the subject parcel to Commerce Court Road.
ADD 7. Any required or proposed masonry screen walls shall be constructed and/or painted with graffiti-resistant materials and shall be maintained in a graffiti-free condition. The color of the walls shall be complementary to that of the retail center.
ADD 8. All security lighting shall be directed downward and away from any adjacent residential uses or residentially zoned areas.
ADD 9. Incorporate "Safe by Design" concepts in the development plan submitted to the Community Design Review Committee for review by the Tucson Police Department.
A three-fourths majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.
8. PUBLIC HEARING: ZONING (C9-87-43) FOREST CITY - RIVER ROAD, C-2, C-1 AND O-3, CHANGE OF CONDITION AND APPROVED DEVELOPMENT PLAN
(b) Hearing on a request to approve a change of rezoning condition and approved development plan to allow a helipad on the Tucson Heart Hospital site located on the southwest corner of River Road and Stone Avenue. Applicant: Thomas Plantz, President of the Tucson Heart Hospital. The development plan is approved for a 92,000-square-foot two-story hospital, a 15,000-square-foot one-story medical office building and a 5,000-square-foot building pad near the southeast corner of River Road and Stone Avenue. The revised plan proposes the development of a helipad for emergency transportation purposes in the area south of the hospital, east of Stone Avenue and west of the Northmanor subdivision. The current zoning of that portion of the site is C-1. The establishment of a helipad at the Tucson Heart Hospital (THH) is in conflict with what adjacent residents at the Northmanor subdivision understood initially, which was that there would be no helipad. In planning for patient needs, the hospital and doctors now propose a helipad in order to serve patients from distant rural communities only. According to THH, some Northmanor residents support the helipad.
The Planning Department recommends denial of the proposed change of condition. The City Manager recommends that the Mayor and Council hold the public hearing and determine whether the heliport is appropriate. Should the Mayor and Council choose to approve the request, it is recommended that all helicopter activity be restricted to the hours of 7:00 a.m. to 6:00 p.m. and that no helicopter be permanently stationed at or dispatched from this location.
Eight (8) approvals and thirty-five (35) protests were received for the original public hearing on this case. A 3/4 majority vote was required to adopt the original ordinance. Staff will provide updated protest and approval information to the Mayor and Council prior to the public hearing.
A simple majority vote of the Mayor and Council will be necessary to approve this change of rezoning condition.
9. PUBLIC HEARING: SUGGESTIONS ON IMPLEMENTING PLAN FOR THE REDUCTION OF POVERTY IN THE TUCSON COMMUNITY
(b) Hearing
10. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
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, September 15, 1997, at 2:00 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.
ADDENDUM
REGULAR AGENDA ITEM NO. 4(c) HAS BEEN AMENDED TO REFLECT A CORRECTION IN THE LOCATION.
(b) Report from Zoning Examiner dated August 1, 1997
(c) Request to rezone approximately 1.89 acres located on the east and west sides of CORRECTION 5th Avenue north of 6th Avenue Street. Applicant: Paul Schock of ENSEEKO, LLC, on behalf of the property owners Downtown Development Corp. and Juanita Branch. The preliminary development plan proposes an international arts center consisting of residential, art studio, rehearsal, performance, art gallery, restaurant, and office uses within the former Lohse YMCA and adding a parking lot on the west side of 5th Avenue. The Planning Department and the Zoning Examiner recommend approval of C-2, C-3 and P zoning, subject certain conditions. The City Manager recommends approval of C-2, C-3 and P zoning and adoption of the attached ordinance, subject to the following conditions.
b. The parking must be provided substantially as shown on the revised concept plan. The parking and access design must be reviewed for impact on the surrounding residential uses.
3. The owner shall close all unused curb cuts; replace all damaged sidewalk; install new curb access ramps, as necessary; and provide a continuous sidewalk system.
4. The applicant/owner shall coordinate appropriate signage with the Traffic Engineering Division.
5. All parking areas, including the west parking lot, shall be completed in the first phase.
6. Outdoor/security light shall be shielded and directed away from adjacent residential uses.
7. Refuse dumpsters and loading spaces shall be located a minimum of 50 feet away from any residentially-zoned properties.
8. Any required or proposed masonry screen walls shall be constructed with graffiti-resistant materials and shall be maintained in a graffiti-free condition.
9. A drainage report addressing detention and threshold retention shall be submitted.
10. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.
11. No loudspeakers or live music shall be allowed outside the building.
12. Traffic control devices acceptable to the City shall be placed on 5th Avenue to restrict access north into the residential neighborhood.
13. Any future change of the parking area to a sculpture garden or other use will require a new public hearing and approval of the Mayor and Council.
14. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
15. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.
A simple majority vote will be necessary to adopt the subject ordinance should the Mayor and Council choose to do so.
ADDENDUM REGULAR AGENDA ITEM NO. 8 HAS BEEN AMENDED AND ITEM NO. 11 HAS BEEN ADDED.
8. PUBLIC HEARING: ZONING (C9-87-43) FOREST CITY - RIVER ROAD, C-2, C-1 AND O-3, CHANGE OF CONDITION AND APPROVED DEVELOPMENT PLAN(a) Report from City Manager SEPT8-97-580(2) WIII
The Planning Department recommends denial of the proposed change of condition. The City Manager recommends that the Mayor and Council hold the public hearing and determine whether the heliport is appropriate. Should the Mayor and Council choose to approve the request, it is recommended that all helicopter activity be restricted to the hours of 7:00 a.m. to 6:00 p.m. and that no helicopter be permanently stationed at or dispatched from this location.(b) Hearing on a request to approve a change of rezoning condition and approved development plan to allow a helipad on the Tucson Heart Hospital site located on the southwest corner of River Road and Stone Avenue. Applicant: Thomas Plantz, President of the Tucson Heart Hospital. The development plan is approved for a 92,000-square-foot two-story hospital, a 15,000-square-foot one-story medical office building and a 5,000-square-foot building pad near the southeast corner of River Road and Stone Avenue. The revised plan proposes the development of a helipad for emergency transportation purposes in the area south of the hospital, east of Stone Avenue and west of the Northmanor subdivision. The current zoning of that portion of the site is C-1. The establishment of a helipad at the Tucson Heart Hospital (THH) is in conflict with what adjacent residents at the Northmanor subdivision understood initially, which was that there would be no helipad. In planning for patient needs, the hospital and doctors now propose a helipad in order to serve patients from distant rural communities only. According to THH, some Northmanor residents support the helipad.
Eight (8) approvals and thirty-five (35) protests were received for the original public hearing on this case. A 3/4 majority vote was required to adopt the original ordinance. Staff will provide updated protest and approval information to the Mayor and Council prior to the public hearing.
AMENDED A simple A three-fourths majority vote of the Mayor and Council will be necessary to approve this change of rezoning condition.
11. INCORPORATION: APPROVING THE INCORPORATION OF THE TOWN OF TORTOLITA
(a) Report from City Manager SEPT8-97-581 CITY WIDE
(b) Resolution No. 17790 relating to incorporation; approving the incorporation of the Town of Tortolita.
*12. CALL TO THE AUDIENCE, for persons desiring to speak.
*13. ADJOURNMENT
The next scheduled meeting of the Mayor and Council will be held on Monday, September 15, 1997, at 2:00 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona. * Renumbered due to the added item.
MONDAY, SEPTEMBER 8, 1997
7:30 P.M.
MAYOR AND COUNCIL CHAMBERS
CITY HALL,
255 W. ALAMEDA, TUCSON, ARIZONA
A. INTERGOVERNMENTAL AGREEMENT: WITH THE UNIVERSITY OF ARIZONA FOR PROVISION OF COMPRESSED NATURAL GAS (CNG) FUEL
(1) Report from City Manager SEPT8-97-569 CITY WIDE
(2) Resolution No. 17785 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with the University of Arizona for provision of compressed natural gas (CNG) fuel.
B. INTERGOVERNMENTAL AGREEMENT: WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR FUNDING THE DAVIS MONTHAN RUNWAY PROJECT
(1) Report from City Manager SEPT8-97-571 CITY WIDE
(2) Resolution No. 17786 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with the Arizona Department of Transportation for 9.8 million dollars in funding for the Davis Monthan Runway Project.
C. TUCSON CODE: AMENDING (CHAPTER 8) CITY COURT RELATING TO REQUIREMENTS FOR CITY SPECIAL MAGISTRATES
(1) Report from City Manager SEPT8-97-572 CITY WIDE
(2) Ordinance No. 8943 relating to the city court; changing requirements for City Special Magistrate; amending Tucson Code Section 8-2.2(d).
D. ASSURANCE AGREEMENT: SIERRA DE ORO SUBDIVISION, LOTS 1 TO 18 AND COMMON AREAS A & B (C12-96-23)
(1) Report from City Manager SEPT8-97-576 WII
E. ANNEXATION: 29TH/LOS REYES ANNEXATION DISTRICT(2) Resolution No. 17789 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 Sierra De Oro Subdivision, Lots 1 to 18 and Common Areas A & B.
(1) Report from City Manager SEPT8-97-579 WIV
(2) Ordinance No. 8918 relating to annexation; extending and increasing the corporate limits of the City of Tucson, Pima County, Arizona pursuant to the provisions of Title 9, Chapter 4, Arizona Revised Statutes, by annexing thereto certain portions of Sections 13, 24 and 25, T.14S., R.15E., G.&S.R.B.&M., Pima County, Arizona, more particularly described in the body of this ordinance.
F. 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 SEPT8-97-575
(2) TUCSON FIREFIGHTERS OLYMPIC TEAM, Applicant: Nickolas R. Young, 1501 N. Houghton Rd., SPECIAL EVENT, City No. T096-97, WII
(3) LONG WONGS, Applicant: Hilbert A. Schouten, 5004 E. Broadway Blvd., NEW LICENSE, Series 7, City No. 060-97, WVI
(4) WEDGEWOOD COURT, Applicant: Michele P. Vasey, 288 N. Church Ave., NEW LICENSE, Series 12, City No. 070-97, WI
(5) FAMOUS SAM’S #18, Applicant: Timothy M. Harris, 7129 E. Golf Links Rd., PERSON TRANSFER, Series 6, City No. 072-97, WIV
(6) BARRIO GRILL, Applicant: Matthew J. Burke, 135 S. 6th Ave., NEW LICENSE, Series 12, City No. 076-97, WVI
(7) SAKURA TEPPAN STEAK & SEAFOOD, Applicant: Kwang C. An, 6534 E. Tanque Verde Rd., TEMPORARY EXTENSION OF PREMISES, City No. EP33-97, WII
(8) SS PETER & PAUL KNIGHTS OF COLUMBUS #11855, Applicant: Michael A. Weigel, 1946 E. Adams St., SPECIAL EVENT, City No. T104-97, WVI