JUNE 15, 1998
1:30 P.M.
MAYOR AND COUNCIL STUDY SESSION
CITY HALL
255 WEST ALAMEDA
TUCSON, ARIZONA
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ESTIMATED |
TOPICS |
COMMENTS |
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20 mins.
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1. Executive Session - Oro Valley Obligations Under Northwest Water Agreement and Associated Issues (City-Wide) SS/JUNE15-98-295
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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)
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5 mins.
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2. Mayor and Council Direction Regarding Executive Session - Oro Valley Obligations Under Northwest Water Agreement and Associated Issues (City-Wide) SS/JUNE15-98-296
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REPORT/
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5 mins.
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3. Sale of $11,010,000 General Obligation Bonds and Sale of $14,675,000 Junior Lien Street and Highway Revenue Bonds (City-Wide) SS/JUNE15-98-297 *
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DISCUSSION
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5 mins.
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4. Boards, Committees and Commissions (City-Wide) SS/JUNE15-98-298
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5 mins.
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5. Mayor and Council Discussion of Regular Agenda SS/JUNE15-98-287
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RECONVENE AFTER REGULAR AGENDA
*ALSO ON REGULAR AGENDA
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20 mins.
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6. Industrial Development Authority of Tucson Activity Report (City-Wide) SS/JUNE15-98-294
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REPORT/DISCUSSION
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15 mins.
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7. Case District Park Master Plan Update (Ward 2) SS/JUNE15-98-291
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REPORT/
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20 mins.
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8. Community Prosecution Initiatives SS/JUNE15-98-292
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REPORT/
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5 mins.
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9. Washington, D.C. Consultant Representative Contract Renewal (City-Wide) SS/JUNE15-98-293
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REPORT/
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5 mins.
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10. Mayor and Council Subcommittees Status Reports (City-Wide) SS/JUNE15-98-289
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5 mins.
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11. Mayor and Council Discussion of Future Agendas SS/JUNE15-98-288
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20 mins.
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12. Executive Session - TCI/Cox Cable License Transfer (City-Wide) SS/JUNE15-98-301*
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REPORT/
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*ALSO ON REGULAR AGENDA
FOR INFORMATION ONLY
13. Administrative Action Report and Summary - SS/JUNE15-98-290

MAYOR AND COUNCIL REGULAR AGENDA
MONDAY, JUNE 15, 1998
2:00 P.M.
MAYOR AND COUNCIL CHAMBERS
CITY HALL
255 W. ALAMEDA
TUCSON, ARIZONA
CONSENT AGENDA ITEM NOS. 3-D, E HAVE BEEN AMENDED AND REGULAR AGENDA ITEM NO. 8 HAS BEEN CORRECTED AND ITEM NO. 9 HAS BEEN AMENDED:
REGULAR AGENDA ITEM NO. 12 HAS BEEN ADDED:
1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
INVOCATION - Dr. Loren McBain, Catalina American Baptist Church
PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance
PRESENTATIONS
(a) Presentation of 1997 Arizona Planning Association (APA) Award for "Public Information/Public Participation" to the City of Tucson South Park Avenue Project
(b) Presentation of "1998 Arizona Transit Association" (AZTA) Awards for service to public transit in Tucson
3. CONSENT AGENDA - ITEMS A THROUGH I
FOR A COMPLETE DESCRIPTION OF ITEMS
SEE THE CONSENT AGENDA
Matters listed under the Consent Agenda are considered to be routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired by members of the governing body, that item will be removed from the Consent Agenda and will be considered separately.
A liquor license application will automatically be removed from the Consent Agenda and considered as a separate item by the Mayor and Council if either of the following occurs: A protest against a liquor license application has been received by the City Clerk; OR, A City staff report recommends denial of a liquor license application.
4. FINANCIAL PARTICIPATION AGREEMENT: WITH COMMUNITY FOUNDATION FOR SOUTHERN ARIZONA FOR OVERSIGHT AND EXECUTION OF THE FISCAL YEAR 1998-99 JOBPATH PILOT PROGRAM
(a) Report from City Manager JUNE15-98-327 CITY WIDE
(b) Resolution No. 18056 relating to finance; approving and authorizing the Financial Participation Agreement between the City of Tucson and the Community Foundation of Southern Arizona for the JobPath Pilot Program.
5. TAXATION: FIXING AND LEVYING THE 1998-99 PRIMARY AND SECONDARY PROPERTY TAXES
(a) Report from City Manager JUNE15-98-336 CITY WIDE
(b) Ordinance No. 9071 relating to taxation; fixing, levying, and assessing primary and secondary property taxes for the City of Tucson upon the assessed valuation of the property within the City of Tucson subject to taxation, each in a certain sum upon each one hundred dollars of valuation, sufficient to raise the amount estimated to be required in the annual budget, less the amounts estimated to be received from other sources of revenue and unencumbered balances from the previous fiscal year; providing funds for various purposes, all for the fiscal year ending June 30, 1999.
6. AGREEMENT: WITH THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 97, AFL-CIO
(a) Report from City Manager JUNE15-98-342 CITY WIDE
(b) Resolution No. 18058 relating to employee relations; authorizing the City Manager to execute an agreement with the Tucson Municipal Employees Division of Local 449, APEA/AFSCME, Council 97, AFL-CIO.
7. ZONING: (C9-98-03) CHICAGO TITLE INSURANCE TR 11717 - SILVERBELL ROAD, R-1 TO C-1
(a) Report from City Manager JUNE15-98-333 WI
(b) Report from Zoning Examiner dated May 15, 1998
(c) Request to rezone 1.21 acres from R-1 to C-1 on the east side of Silverbell 265 feet south of Speedway Boulevard. An adjacent 0.74 acre parcel currently zoned C-1 is included in the overall development. Applicant: Don Laidlaw & Associates, on behalf of the property owner, Chicago Title Insurance TR 11717. The amended preliminary development plan is for a 20,700-square-foot one-story building suitable for a mix of office, retail, and services on 1.95 acre site which includes the existing 0.74 acre C-1 zoned property in the northern portion. The Planning Department and the Zoning Examiner recommend approval of C-1 zoning, subject to the certain conditions. The City Manager recommends approval of C-1 zoning, subject to the following conditions.
1. A development plan, in substantial compliance with the alternative layout on the preliminary development plan 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:
a. A maximum one-story building height of twenty (20) feet.
b. A minimum building setback of sixty (60) feet from the south property line.
c. A minimum six (6)-foot-high decorative masonry screen wall along the south and east property lines.
d. Dumpsters to be screened from view from adjacent properties and public rights-of-way and not placed south of the proposed building.
e. A minimum of ten (10) canopy trees along the south property line.
2. No drive-through or drive-in uses shall be allowed.
3. A drainage report shall be submitted and approved, including retention/detention calculations.
4. 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.
5. Exterior lighting shall be directed down and away from adjacent residential development.
6. "Safe by Design" concepts shall be incorporated into the development plan for review by the Tucson Police Department.
7. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
8. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.
Three (3) written approvals and five (5) written protests have been received. The protests relate to unneeded commercial activity and two-story construction. None of the protests are located within the 150-foot notification area. This results in a zero (0) percent protest by area to the north, south, west and east.
A simple majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.
CORRECTED
8. ZONING: (C9-98-02) WOON -HARRISIONHARRISON ROAD, SR TO R-1
(a) Report from City Manager JUNE15-98-340 WIV
(b) Report from Zoning Examiner dated May 15, 1998
(c) Request to rezone approximately 7.0 acres from SR to R-1 on the northeast corner of Escalante Road and Harrison Road. Applicant: Clifford Halbert, on behalf of property owners Gene Dare and Diana Lee Woon. The preliminary development plan is for 25 single-family one-story manufactured housing residences on 7.0 acres for a density of 3.57 units per acre. The Planning Department and the Zoning Examiner recommend approval of R-1 zoning, subject to certaint conditions including the amendment to condition 1.d. The City Manager recommends approval of R-1 zoning, subject to the following conditions.
1. A subdivision plat, in substantial compliance with the preliminary development plan and the Environmental Resource Report, is to be submitted and approved in accordance with Section 4.1.1 of the Land Use Code (LUC), including, but not limited to:
a. All dwellings to be one-story, with a maximum height of sixteen (16) feet as measured in the LUC.
b. A minimum ten (10)-foot-wide natural buffer on all boundaries.
c. Common areas (at the south end of the subdivision) to be kept in their natural state except as needed to construct and maintain the retention/detention structure.
d. A minimum five (5)-foot-high decorative masonry perimeter wall inside the natural areas along all subdivision lines, except where a wall is already located on adjacent property. That existing wall may be used toward complying with the required five (5)-foot-high wall, provided that written permission is obtained from the owner of the wall, the wall meets the minimum LUC requirements, and a note is placed on the development plan that the Homeowners Association will be responsible for the installation of a new wall should the adjacent wall be removed.
e. A one-foot, no vehicular access easement, along Harrison Road.
2. The owner/developer shall dedicate right-of-way per the Major Streets and Routes Plan, including a 25-foot radius spandrel at the southwest corner of the site.
3. The owner/developer shall install a 12-foot-wide left turn lane with appropriate transitions or verify the existence of a total of 36 feet of interim pavement along the Harrison Road frontage of the project.
4. The owner/developer shall install applicable curb, sidewalk, and pavement along the Harrison Road frontage of the project or contribute funds to an escrow account to cover the future improvement district costs of the same.
5. The owner/developer shall submit a drainage report for review and approval, including details of retention/detention and an appropriate erosion hazard building setback from the Pantano Wash.
6. The U. S. Fish and Wildlife Service (USFWS) guidelines regarding the Cactus Ferruginous Pygmy Owl shall be met.
7. 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.
8. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.
9. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
10. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.
Three (3) written approvals and two (2) written protests have been received. Both protests are located within the 150-foot notification area and result in a 12.5 percent protest by area to the north, an 88.5 percent protest to the west, and zero (0) percent to the south and east. The protests specifically refer to the use of manufactured housing.
A 3/4 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.
9. PUBLIC HEARING: TUCSON CODE AMENDING (CHAPTER 23) LAND USE CODE RELATING TO EDUCATIONAL USES
(a) Report from City Manager JUNE15-98-341 CITY WIDE
(b) Hearing
ADDED
(c) Ordinance No. 9075 relating to planning and zoning; amending the Tucson Code, Chapter 23, Land Use Code, Article II, Zones, Division 2, Rural Residential Zones, SR and SH; Division 3, Urban Residential Zones, RX-1, RX-2, R-1, R-2, R-3, MH-1, and MH-2; Division 4, Office Zones, O-2 and O-3; Division 5, Commercial Zones, NC, C-1, C-2, and C-3; Division 6, Mixed Use Zones, OCR-1, and OCR-2; Division 7, Industrial Zones, P-I and I-1; and Article III, Development Regulations, Division 5, Performance Criteria, adding to general restrictions; and setting an effective date.10. PUBLIC HEARING: AMENDMENTS TO THE 1998 CITY OF TUCSON BUSINESS PRIVILEGE TAX CODE
(a) Report from City Manager JUNE15-98-328 CITY WIDE
(b) Hearing
(c) Ordinance No. 9069 relating to the Privilege License Tax; adopting "The 1998 Amendments to the City Tax Code of the City of Tucson, Arizona," by reference; establishing an effective date and providing penalties for violations.
11. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
(a) Report from City Manager JUNE15-98-337 CITY WIDE
12. CABLE COMMUNICATIONS: AUTHORIZING AND APPROVING THE TRANSFER OF A NON-EXCLUSIVE CABLE LICENSE FROM ROBIN CABLE SYSTEMS, INC., DOING BUSINESS AS TCI OF TUCSON TO COX COMMUNICATIONS
(a) Report from City Manager JUNE15-98-343 CITY WIDE
*13. CALL TO THE AUDIENCE, for persons desiring to speak.
*14. ADJOURNMENT
The next scheduled meeting of the Mayor and Council will be held on Monday, June 22, 1998, at 7:30 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.
*
Renumbered due to the added item.

E. FINANCE: SALE OF GENERAL OBLIGATION BONDS
(1) Report from City Manager JUNE15-98-334(2) CITY WIDE
ADDED
(2) Ordinance No. 9074 an ordinance relating to finance; authorizing the issuance and sale of City of Tucson General Obligation Bonds, Series 1994-D (1998), in the principal amount of $11,010,000; providing for the levy and collection of taxes for the payment of the bonds; providing certain terms, covenants and conditions regarding the bonds; appointing a bond registrar and paying agent; ordering the sale and delivery of the bonds; authorizing the preparation and delivery of an official statement with respect to the bonds; authorizing the execution and delivery of a continuing disclosure undertaking with respect to the bonds; ratifying certain acts heretofore taken by City Officials; and declaring an emergency.F. FINANCE: WRITE-OFF OF UNCOLLECTED ACCOUNTS RECEIVABLE
(1) Report from City Manager JUNE15-98-335 CITY WIDE
(2) Resolution No. 18054 relating to Finance; authorizing the write-off of certain uncollectible items.
G. GRANT AGREEMENT: WITH THE ARIZONA CRIMINAL JUSTICE COMMISSION FOR DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM
(1) Report from City Manager JUNE15-98-338 CITY WIDE
(2) Resolution No. 18055 relating to grants; approving and authorizing execution of a grant agreement with the Arizona Criminal Justice Commission for Drug Control and System Improvement Program.
H. INTERGOVERNMENTAL AGREEMENT: WITH UNIVERSITY OF ARIZONA BOARD OF REGENTS TO EXTEND THE LOW 4 WATER CONSERVATION/EDUCATION PROGRAM
(1) Report from City Manager JUNE15-98-326 CITY WIDE/OUTSIDE CITY
(2) Resolution No. 18057 relating to water; approving an intergovernmental agreement between the City of Tucson and the Regents of the University of Arizona to reduce water consumption in commercial and multi-family landscapes.
I. 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 JUNE15-98-339
(2) WALTER’S MARKET, Applicant: Moon Shing Lee, 4425 S. 6th Ave., NEW LICENSE, Series 10, City No. 042-98, WV
(3) FIRECRACKER, Applicant: Robert B. McMahon, 2990 N. Swan Rd., TEMPORARY EXTENSION OF PREMISES, City No. EP019-98, WII
