FEBRUARY 9, 1998
***12:00 NOON***
MAYOR AND COUNCIL STUDY SESSION
CITY HALL
255 WEST ALAMEDA
TUCSON, ARIZONA
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ESTIMATED |
TOPICS |
COMMENTS |
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5 mins. |
1. Mayor and Council Discussion of Regular Agenda SS/FEB9-98-78 |
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2 hrs. |
2. Proposed Five-Year Capital Improvement Program, Fiscal Years 1998-99 Through 2002-03 (City-Wide) SS/FEB9-98-72 |
REPORT/DISCUSSION |
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15 mins. |
3. Legislative Matters (City-Wide) SS/FEB9-98-77 |
REPORT/DISCUSSION |
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20 mins. |
4. Request For Funds - Kidsfest '98 (City-Wide) SS/FEB9-98-85 |
REPORT/RECOMMENDATION |
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20 mins. |
5. Recommendations on Citizen and Neighborhood Services (CNS) Photocopying and Mailing of Newsletters for Neighborhood Associations (City-Wide) SS/FEB9-98-83 |
REPORT/RECOMMENDATION |
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20 mins. |
6. Area Specific Water Development Fees - Proposed Revision (City-Wide and Outside the City) SS/FEB9-98-73 |
REPORT/RECOMMENDATION |
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15 mins. |
7. Water Meter Installation and Miscellaneous Fee Study (City-Wide and Outside City) SS/FEB9-98-74 |
REPORT/RECOMMENDATION |
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10 mins. |
8. The Non-Per Capita Program (City-Wide and Outside the City) SS/FEB9-98-84 |
REPORT/RECOMMENDATION |
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10 mins. |
9. Avra Valley Wellfield Pumping During the Winter Months (City-Wide and Outside the City) SS/FEB9-98-76 |
REPORT/RECOMMENDATION |
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15 mins. |
10. Report on Open Space and Open Space Criteria (City-Wide) SS/FEB9-98-82 |
REPORT/RECOMMENDATION |
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5 mins. |
11. Mayor and Council Subcommittees Status Reports (City-Wide) SS/FEB9-98-80 |
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5 mins. |
12. Mayor and Council Discussion of Future Agendas SS/FEB9-98-79 |
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5 mins. |
13. Boards, Committees and Commissions (City-Wide) SS/FEB9-98-75 |
FOR INFORMATION ONLY
14. Administrative Action Report and Summary - SS/FEB9-98-81
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ESTIMATED |
TOPICS |
COMMENTS |
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15 mins.
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15. Executive Session - CAWCD v. U.S. (City-Wide) SS/FEB9-98-86
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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 PURSUANT TO A.R.S. 38-431.03(A)(4)
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5 mins.
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16. Mayor and Council Direction Regarding Executive Session - CAWCD v. U.S. (City-Wide) SS/FEB9-98-87
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REPORT/RECOMMENDATION
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15 mins.
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17. Dog Limit Ordinance (City-Wide) SS/FEB9-98-88
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REPORT/RECOMMENDATION
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5 mins.
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18. Request for Funds - Pima Youth Partnership (City-Wide) SS/FEB9-98-89
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REPORT/RECOMMENDATION
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5 mins.
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19. Planning Commission Request to Grant Additional Time to Reconsider The Proposed Kino Area Plan Amendment Request (Ward 5) SS/FEB9-98-90 |
REPORT/RECOMMENDATION
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1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
INVOCATION - Pastor Joe Ellis, Mount Olive Church
PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance
PRESENTATIONS
(a) Proclamation - Proclaiming February 1998, to be "African-American History Month"
3. 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.
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. TUCSON CODE: AMENDING (CHAPTER 27) MODIFYING PROHIBITIONS AGAINST TURNING WATER ON WITHOUT AUTHORITY, INTERFERING OR TAMPERING WITH WATER FACILITIES, OR USING A DEVICE TO BYPASS METERING OF WATER
(a) Report from City Manager FEB9-98-81 CITY WIDE/OUTSIDE CITY
(b) Ordinance No. 9015 relating to water; modifying prohibitions against turning water on without authority, interfering or tampering with water facilities, or using a device to bypass metering of water; amending the Tucson Code by amending Tucson Code Sections 27-13, 27-16 and 27-18.
5. REAL PROPERTY: ACQUISITION OF PROPERTY FOR IMPROVEMENTS TO WELL W-2 BOOSTER SITE TRICO-MARANA ROAD/COCIO ROAD
(a) Report from City Manager FEB9-98-82 OUTSIDE CITY
(b) Resolution No. 17947 relating to real property; authorizing the City Manager to acquire by negotiation, and the City Attorney to condemn if necessary, certain real property.
6. REAL PROPERTY: ACQUISITION OF HISTORIC SOUTHERN PACIFIC RAILROAD DEPOT FROM UNION PACIFIC RAILROAD
(a) Report from City Manager FEB9-98-88 WV AND WVI
(b) Resolution No. 17948 relating to real property; authorizing the City Manager to acquire the Historic Southern Pacific Railroad Depot from the Union Pacific Railroad.
7. PUBLIC HEARING: ZONING (C9-89-36) BENNETT PROPERTIES - HOUGHTON ROAD, SR TO C-1, REQUEST FOR TWO-YEAR TIME EXTENSION (Continued from the meeting of January 12, 1998)
(a) Report from City Manager FEB9-98-92 WII
(b) Hearing for a two-year time extension for the completion of the rezoning conditions for the development of a 206,000 square foot shopping center on 26 acres located on the northeast corner of Broadway Boulevard and Houghton Road. Applicant: Planners Ink on behalf of the property owner, Bennett Properties Limited Partnership.
The City Manager recommends the Mayor and Council approve the requested two-year time extension to complete rezoning conditions from January 22, 1998, to January 22, 2000, subject to the following revised conditions and submittal of a development plan in compliance with all conditions and current code requirements.
MODIFY
1. Submittal of a An approveddevelopment plansubmittedfor review and approval in accordance with Section23-409 of the Tucson Code5.3.8 of the LUC, in substantial compliance with the preliminary development plan presented to the Mayor and Council on November 9, 1989, including but not limited to:MODIFY
a. a six-foot masonry screen wall and canopy trees along the north, northeast, and east property lines (screen walls will not block the 100-year floodplain of the Coronado Ridge Wash). Canopy trees planted within the minimum ten-foot wide landscape buffer along the east property line adjacent to Silverado Hills Subdivision Block 3 will consist of mature trees, 4 inch caliper ofor larger, transplanted from the site at a minimum of one tree per 20 linear feet; canopy trees planted along the north property line, per the landscape ordinance;b. a three-foot-high screen wall along the south and west property boundaries where the proposed development is adjacent to residential property (screen walls will not block the 100-year floodplain of the Coronado Ridge Wash); MODIFY
c. a maximum building height as defined in the plan amendmentof 35 feet for Anchors I, II, and III and connecting retail buildings (subject to Board of Adjustment variance); and 28 feet for all other buildings;d. all lighting for the entire center to be low pressure sodium designed for safety which is shielded and directed away from adjacent areas. Light poles will not exceed 20 feet in height and will maintain a 20 foot setback from the north, northeast and east property lines; e. limitation of two access points on Houghton Road and two on Broadway Boulevard;
f. a minimum of 23% of the rezoning site to remain as consolidated open space, which may include safety drainage improvements, as approved by the City Engineer. The grading and drainage plans will identify control limits for designated undisturbed areas which will be staked to prevent grading (with stakes to be connected);
g. the net number of salvageable trees and cacti along the wash and in the consolidated open space will not be diminished when compared to the natural site conditions and will be enhanced, wherever possible, to mitigate removal caused by construction. In consolidated open space areas, where it may be necessary to remove existing vegetation, these areas will be restored with the following mixture of plant materials per 4000 square feet of disturbed area; 6 trees (minimum 15 gallon), 36 shrubs, 24 cacti and reseeded with a desert seed mix;
h. a landscape plan;
MODIFY i. all loading and unloading and garbage pick-up limited to between the hours of 6:00 a.m. throughand 10:00 p.m;j. no vehicular openings along the east building wall of proposed Anchor III; k. no more than two businesses with drive-in facilities;
l. a concept grading plan; and
m. a drainage report.
MODIFY 2. Developer will hire a qualified native plant salvage firm to designate all salvageable trees and cacti on the site. Trees will be marked for salvage and prepared for transplant where applicable or marked to be protected and saved in place. At the time the trees are designated for salvage, a copy off the plant inventory and salvage schedule will be forwarded to the Planning Department for review. Approval of the plant inventory and schedule will not occur until after review by the City Engineer and Houghton Neighborhood Association . All salvageable trees and cacti on the project site will be preserved in place or transplanted within the site to the proposed landscaped areas using standard techniques such as boxing and spading in a coordinated effort with site grading per approved grading and plant inventory and salvage schedule. Any vegetation designated for salvage which is damaged or destroyed will be repaired as appropriate, or replaced with plant material of like kind from off site. Salvageable trees are those with a basal diameter (measured approximately one foot above ground level) between 4 and 18 inches, occurring in sites amenable to salvage and are healthy. Salvageable saguaro and barrel cacti are those which possess favorable site and health conditions suitable for salvage.3. Grading permit to be issued in conjunction with the issuance of a building permit; DELETE 4.Installation of fire hydrants to comply with Tucson Fire Code.MODIFY 5. The owner/developer shall dedicate Dedication ofadditional right-of-way, per the Major Streets and Routes Plan as follows:a. Houghton Road; 100 feet one-half right-of-way; and MODIFY b. Broadway Boulevard: 60 feet midblock one-half right-of-way, including 75 foot intersection widening, together with a 25 foot radius spandrel at the street intersection. MODIFY 6. The owner/developer shall install, Installation ofat no expense to the public, orcontributioncontribute to an escrow account forofstreet improvementsto DOT specifications, as follows:a. additional 12 foot lane, curb and sidewalk along the Houghton Road frontage;
b. additional 12 foot lane, curb and sidewalk along the Broadway frontage; and MODIFY c. appropriate pavement transitions
to DOT specificationson both streets.DELETE 7.
Participation by owner in 25% of the cost of a traffic signal at Broadway Boulevard and Houghton Road.MODIFY 8. Access points shall be No access withina minimum of 300 feetmeasuredfrom the section corner oflines normal toHoughton Road and Broadway. One-foot no-access easements shallare tobe establishedto assure the aforementioned.MODIFY 9. Compliance with the Interim Watercourse Improvement Policy along the Coronado Ridge Wash.The owner/developer shall install the necessary interim pavement on both Broadway Boulevard and Houghton Road to accommodate left and right turn lanes to the site.MODIFY 10. All weather access shall
mustbe provided for both internal and external streets.MODIFY 11. The development shall comply
Compliancewith the Houghton East Neighborhood Plan and Houghton East Basin Management Plan pertaining to development along and within the Coronado Ridge Wash.MODIFY 12. The owner/developer shall install
Installation ofadditional cells and appurtenances in the existing box culvert or contributecontributionto an escrow account for improvements to allow for additional capacity under Broadway Boulevard, and also installinstallation ofthe box culvert and appurtenances or contributecontributionsto an escrow account for the installation of the box culvert under Houghton Road,. allAll improvements are to adequately convey storm runoff from a 100-year event.MODIFY 13.In accordance with the approved Development Concept Plan for Coronado Square, the Coronado Ridge Wash will be left in a near natural condition with enhancement of flow capacity downstream of the Broadway box culvert for effective conveyance and safety. As shown on the approved Concept Site Plan and submitted hydraulic analysis, and approved by the City Engineer;a.
the channel will not be structurally channelized;b.
the channel will not be lined or stabilized with exposed concrete except as may be required immediately downstream of the Broadway box culvert for scour protection;c.
the channel will remain in a natural like condition and:1.
a small area of streambank downstream of Broadway will be excavated to approximate the natural invert to enhance flow capacity. This area will be reestablished with a like number of mature trees salvaged from onsite; and2.
the natural channel system may receive erosion stabilization with natural or natural like stone riprap with natural filter blanket or subgrade concrete cutoff wall, both of which will be covered with 6 inches of soil and replanted to approximate the prior natural condition.
The plans and specifications for necessary stabilization, containment and safety improvements will provide for and show limits of minimal disturbance of the wash. These plans will provide for the staking of areas not to be disturbed and the protected area will be staked with stakes to be connected and marked and inspected by the city before any construction takes place.The Coronado Ridge Wash shall be subject to the requirements of the Watercourse Amenities, Safety and Habitat (WASH) ordinance.
MODIFY 14. Any relocation, modification, etc. of existing utilities and/or public improvements necessitated by the proposed development shall
willbe at no expense to the public.MODIFY 15. The owner/applicant is allowed two years to January 22, 2000,
Three yearsto comply with all Code requirements and conditions of rezoning.MODIFY 16. A pedestrian circulation system with minimum six-foot-wide concrete or textured sidewalks shall be provided to all buildings, parking areas and public sidewalks, including a central pedestrian connection between the front specialty center and the rear major retail center. MODIFY 17. Pedestrians trails shall
willbe incorporated within and along the Coronado Ridge Wash. Gates shallwillbe provided on pedestrian trails crossing the wash to prevent access during flood conditions.MODIFY 18. Similar architectural treatment shall be provided for the entire shopping center with architectural compatibility of all buildings design elements such as signs, lighting, screen walls, monuments, landscaping including a variety of rooflines.
MODIFY 19.
Utilization of nNaturally appearing southwestern materials and colors shall be utilized to complement the existing neighborhood.MODIFY 20. Trash dumpsters and delivery areas shall be internalized and located away from the perimeter of the property a minimum fifty (50) feet from any residentially zoned property.
MODIFY 21. All on-site utilities shall
tobe underground.DELETE 22.
All landscape materials used on-site shall to conform with the approved City of Tucson/SAWARA plant material list and be limited to plants native to the Tucson Basin or similar species.MODIFY 23. Temporary perimeter debris screens shall be erected by the developer during building construction to prevent litter and debris accumulating on adjacent properties.
MODIFY 24. Necessary retention/detention basins shall
willberelocated outside the Coronado Wash Channel, its associated riparian vegetation zone and its post development 100-year floodplain. Any retention/detention basins other than parking lots will be revegetated asdescribed in Condition 1.h.required.DELETE 25.
Formal bicycle parking areas provided in compliance with the bicycle parking requirements in effect at the time of development plan review.MODIFY 26. A minimum 90 foot building setback from the east property line shall be required, as shown on the concept plan.
MODIFY 27. The owner/developer shall
tosubmit to the Houghton Neighborhood Association an architecturally integrated development plan for the center including signage, as it becomes developed, but in no event less than fifteen (15) days prior to the scheduled CDRC meeting. Documentation of the submittal to the neighborhood association must be provided with the CDRC submittal.MODIFY 28. The Houghton Neighborhood Association shall
tobe notified in writing of any changes in the approved concept plan, development plan, or conditions of rezoning no less than fifteen (15) days prior to submittal to the City.29. Any change of any of these conditions may, at the option of Mayor and Council, be considered for public hearing.
ADD 30. 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.
ADD 31. Incorporate "Safe by Design" concepts in the development plan submitted to the Community Design Review Committee for Review by the Tucson Police Department.
One written approval and two written protests were received for the original public hearing on this case on November 9, 1989. Neither of the protests were within the 150-foot area. No additional approvals or protests have been received.
A simple majority vote will be necessary to approve the requested two-year time extension and to adopt an ordinance rezoning the subject property once the conditions of rezoning have been met.
8. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
(a) Report from City Manager FEB9-98-87 CITY WIDE
ADDENDUM #1
9. FINANCE: ISSUANCE AND SALE OF LOCAL DEVELOPMENT LEASE REVENUE REFUNDING BONDS BY BUSINESS DEVELOPMENT FINANCE CORPORATION (BDFC)
(a) Report from City Manager FEB9-98-96 CITY WIDE
(b) Resolution No. 17954 relating to City Facilities and Downtown Development; approving the purposes and activities of Business Development Finance Corporation and the proceedings for the issuance and sale of its Tucson Local Development Lease Revenue Refunding Bonds, Series 1998; approving and authorizing the execution and delivery of an amendment to the amended and restated lease for certain facilities and agreeing to accept title to such facilities upon the discharge of the bonds; ratifying the execution and delivery of a purchase contract with respect to the bonds; and declaring an emergency.
*10. CALL TO THE AUDIENCE, for persons desiring to speak.
*11. ADJOURNMENT
The next scheduled meeting of the Mayor and Council will be held on Monday, February 23, 1998, at 7:30 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.
*
Renumbered due to the added item.
A. CITY VEHICLES: ANNUAL RENEWAL-EXEMPTION OF CERTAIN CITY VEHICLES FROM IDENTIFICATION MARKINGS
(1) Report from City Manager FEB9-98-80 CITY WIDE
(2) Resolution No. 17951 relating to city vehicles; exempting motor vehicles from the requirement to bear the designation of the City of Tucson.
B. APPROVAL OF MINUTES: October 20, 1997 and November 3, 1997
C. GRANT AGREEMENT: WITH ARIZONA CRIMINAL JUSTICE COMMISSION FOR A DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM
(1) Report from City Manager FEB9-98-83 CITY WIDE
(2) Resolution No. 17945 relating to grants; approving and authorizing execution of a grant agreement with the Arizona Criminal Justice Commission in the amount of $408,886 to continue support of MANTIS Investigative Personnel.
D. GRANT AGREEMENT: WITH ARIZONA CRIMINAL JUSTICE COMMISSION FOR A FORENSICS/POLICE CRIMINALIST PROGRAM
(1) Report from City Manager FEB9-98-84 CITY WIDE
(2) Resolution No. 17946 relating to grants; approving and authorizing execution of a grant agreement with the Arizona Criminal Justice Commission for Forensics/Police Criminalist.
E. REAL PROPERTY: LEASE AGREEMENT AMENDMENT WITH TUCSON INTERNATIONAL MODELPLEX PARK ASSOCIATION, INC. FOR CITY PROPERTY LOCATED IN AVRA VALLEY
(1) Report from City Manager FEB9-98-86 OUTSIDE CITY
(2) Resolution No. 17943 relating to real property; authorizing the amendment to a lease agreement for City-owned property in Avra Valley to the Tucson International Modelplex Park Association, Inc.
F. AGREEMENT AMENDMENT CORRECTION: WITH THE BUREAU OF RECLAMATION FOR THE ENHANCED TREATMENT PILOT PROJECT FOR CENTRAL ARIZONA PROJECT WATER
(1) Report from City Manager FEB9-98-85 CITY WIDE/OUTSIDE CITY
(2) Resolution No. 17944 relating to water; repealing Resolution No. 17902, authorizing and approving the execution of the corrected first amendment to an agreement between the Bureau of Reclamation and the City of Tucson for the Enhanced Treatment Pilot Project for Central Arizona Project Water.
G. GRANT AWARD AGREEMENT: WITH ARIZONA DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS FOR TRAINING AND PURCHASING OF COMPUTER HARDWARE/SOFTWARE AT SIX LIBRARY BRANCHES
(1) Report from City Manager FEB9-98-89 CITY WIDE
(2) Resolution No. 17940 relating to library services; approving and authorizing application and acceptance of a grant award from the Arizona Department of Library, Archives, and Public Records, for $20,000 to improve library services.
H. INTERGOVERNMENTAL AGREEMENT AMENDMENT: WITH THE ARIZONA DEPARTMENT OF ECONOMIC SECURITY FOR THERAPEUTIC RECREATION
(1) Report from City Manager FEB9-98-90 CITY WIDE
(2) Resolution No. 17949 relating to parks and recreation; approving and authorizing an amendment to a grant contract with the Arizona Department of Economic Security for Therapeutic Recreation.
I. INTERGOVERNMENTAL AGREEMENT: WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE SIXTH AVENUE, I-10 TO IRVINGTON ROAD IMPROVEMENTS
(1) Report from City Manager FEB9-98-91 WV
(2) Resolution No. 17950 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with the State of Arizona for the Sixth Avenue, I-10 to Irvington Road Improvements.
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 FEB9-98-79
(2) THE ST. PATRICK'S DAY PARADE OF TUCSON, Applicant: P. Settle Madden, 220 S. 6th Ave., SPECIAL EVENT, City No. T011-98, WVI
(3) PIMA AIR & SPACE MUSEUM, Applicant: Jennifer M. Grant, 6000 E. Valencia Rd., SPECIAL EVENT, City No. T012-98, WV
(4) NAVARONE, Applicant: Nick H. Billias, 901 E. 46th St., NEW LICENSE, Series 12, City No. 155-97, WV
(5) THE ROCK, Applicant: Mark P. Oliver, 136 N. Park Ave., PERSON TRANSFER, Series 6, City No. T156-97, WVI
ADDENDUM #1
CONSENT AGENDA ITEM NOS. 3-K, L, M AND REGULAR AGENDA ITEM NO. 9 HAVE BEEN ADDED:
K. PLATS: (S97-026) FINAL PLAT - FOREST GROVE, LOTS 1 THROUGH 20 AND COMMON AREAS A-B, A RESIDENTIAL CLUSTER PROJECT
(1) Report from City Manager FEB9-98-93 WII
(2) The City Manager recommends that the final plat be approved as presented. The applicant is advised that building/occupancy permits are subject to the availability of water/sewer capacity at the time of actual application.
L. ASSURANCE AGREEMENT: FOREST GROVE SUBDIVISION, LOTS 1-20 AND COMMON AREAS A AND B (S97-026)
(1) Report from City Manager FEB9-98-94 WII
(2) Resolution No. 17952 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 Forest Grove Subdivision, Lots 1-20 and Common Areas "A" and "B".
M. WATER: TRUST AGREEMENT RELATING TO THE AMENDED AND RESTATED SETTLEMENT AGREEMENT - MIDWID/ORO VALLEY
(1) Report from City Manager FEB9-98-95 CITY WIDE/OUTSIDE CITY
(2) Resolution No. 17953 relating to water; authorizing and approving the execution of a Trust Agreement between First Trust of Arizona, the Metropolitan Domestic Water Improvement District, the Town of Oro Valley, and the City of Tucson.