MAYOR AND COUNCIL PAST AGENDAS

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Jeff Mill, Drexel Heights Baptist Church

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

3. CONSENT AGENDA - ITEMS A THROUGH R

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. TAXATION: FIXING AND LEVYING THE 1999-2000 PRIMARY AND SECONDARY PROPERTY TAXES

(a) Report from City Manager JUNE21-99-304 CITY-WIDE

(b) Ordinance No. 9242 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, 2000.

5. ZONING: (C9-99-01) ROBB RANCH - SPEEDWAY BOULEVARD, RX-1 TO R-1 AND OS, ZONING EXAMINER’S REPORT

(a) Report from City Manager JUNE21-99-305 WII

(b) Report from Zoning Examiner dated April 30, 1999

(c) Request to rezone approximately 15.88 acres from RX-1 to R-1 and OS zoning. Applicant: Mr. Paul Iezzi of Rick Engineering Company on behalf of the property owner, the Jane Robb Trust. The main portion of the property is located approximately 575 feet south of Speedway Boulevard and 1950 feet east of Pantano Road on the west side of Robb Wash with an extension north to Speedway Boulevard on the Kent Drive alignment and a strip from Speedway Boulevard to the south end of the property on the east side of Robb Wash and including the wash. The preliminary development plan is for 38 one-story, single-family residence on 10.18 acres for a density of 3.73 units per acre and 5.7 acres on both side of Robb Wash as open space. The Planning Department recommends approval of R-1 and OS zoning, subject to the conditions of rezoning as recommended by the Zoning Examiner. The Zoning Examiner recommends approval of R-1 and OS zoning, subject to staff’s recommended conditions, as amended, and the proposed changes contained in the April 13, 1999, letter from the Carriage Hills Neighborhood Association, except for the requirement of the City of Tucson to accept responsibility for the maintenance and upkeep of the proposed additional open space. The City Manager recommends approval of R-1 and OS zoning, subject to the following conditions:

1. A maximum of 38 lots.

2. All homes shall be one story, with the maximum height of nineteen (19) feet measured to the peak of the ridge.

3. A minimum separation of fifteen (15) feet between homes on all lots along the west and south property lines, except for the pie-shaped lots on the knuckle and two cul-de-sacs, where the minimum separation between homes shall be ten (10) feet. A minimum separation of ten (10) feet between houses shall apply on all other lots in the Project.

4. A minimum setback of twenty (20) feet to the homes from the west and south property lines, and where adjacent to the OS zone.

5. The proposed 1.7 acre area to the west of the existing Robb Wash drainageway, and the proposed 2.0 acre area on the east side of the existing Robb Wash drainageway shall be protected by a perpetual deed restriction which prohibits alteration of wildlife habitat or landscape from its natural state or consumption of the open space.

6. A four (4) foot wide public pedestrian easement shall be dedicated through the 1.7 acre open space area to allow pedestrian circulation between the existing north end of Kent Drive and Speedway Boulevard. The exact positioning of this easement shall be negotiated with the Carriage Hill Neighborhood, but shall generally conform to the location shown on the Preliminary Development Plan. A decomposed granite surface improvement shall be installed exclusively within the easement. Physical motorized vehicle barriers shall be installed at both ends of the trail and at the street side entrance to the proposed common area on the easterly cul-de-sac.

7. The existing rights-of-way for Kent Drive within the open space area shall be abandoned in conjunction with the recordation of the final plat. In addition, the developer shall request that the City also abandon any excess right-of-way on the east side of the proposed access road adjacent to the Robb Wash drainageway. If a portion of this right-of-way is abandoned this area shall be rezoned to OS and shall be protected by a perpetual deed restriction which prohibits alteration of wildlife habitat or landscape from its natural state or consumption of the open space.

8. A five (5) foot high perimeter wall shall be constructed along the west and south boundaries at the rear of the proposed lots, and where the lots abut the OS zone. The south boundary of the 1.7 acre natural open space area shall be fenced with a three strand wire fence. The east boundary of the 1.7 acre open space area shall not be fenced in order to maintain the wildlife and pedestrian access between the open space area and the Robb Wash. No fencing shall be added to the 2.0 acre open space area on the east side of the Wash. The perimeter wall shall use different materials and/or alignment to enhance its appearance. Openings shall be provided under the wall onto the site to accept drainage from the alleys. Where possible based upon final lot grading, weep holes shall be installed in the portions of the perimeter wall adjacent to 1.7 acre open space area to allow harvesting of runoff water from the rear yards of these lots into the open space area for the benefit of wildlife outside the wall. The pedestrian access and the vehicular access barrier shall be maintained at the junction between the two alleys at the southwest corner of the site.

9. 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.) to provide a minimum planting area of sixteen (16) square feet and include trees or shrubs in the voids created by the variations.

10. The finish floor elevations of the homes along the west and south property lines shall be the same or lower than the adjacent alley.

11. Plant material that is salvaged from the site shall be relocated to the 1.7 acre natural open space area, specifically to the west of the pedestrian easement and adjacent to the new perimeter wall, and also along the west top of bank of the Robb Wash adjacent to the new access road. At the time of Tentative Plat submittal to the City, the developer shall submit a copy of the Native Plant Preservation Plan for the Project to the Carriage Hill Neighborhood Association for their review of the Plan as it relates to the transplanting of salvaged materials into the open space areas identified above.

12. No treatment is to be applied to the wash banks, except at the one location of site drainage discharge. Erosion hazard issues are to be resolved through setbacks or erosion protection installed at the protected object, not through modifications or treatment of the wash bank.

13. The banks and the bottom of the Robb Wash shall remain natural, except at the location of the current erosion on the west bank. The location of the repair shall be limited to the area defined as a maximum of twenty-five (25) feet on each side of the center of the existing eroded channel, and shall consist of the placement of compacted backfill overlain with grouted riprap. The site drainage from the retention basin shall be configured to outlet directly onto this grouted riprap. The use of concrete bank protection shall not be permitted for this repair.

14. To minimize encroachment into the northerly portion of the west bank of the Robb Wash, the access road shall be constructed as follows:

a. A five (5) foot wide sidewalk offset from the Meridian East Apartment property line by 0.5 feet.

b. No landscape buffer or gap between the sidewalk and west curb of the new access road.

c. The west curb will be a vertical curb without a gutter.

d. The roadway will consist of a maximum of twenty-four (24) feet of pavement and will be sloped toward the wash.

e. The east curb will be flush with the pavement (header curb) to allow sheet flow runoff from the street onto the wash bank along the entire length of the northerly portion of the new access road.

15. Street improvements shall be installed as shown on cross-section A on the Preliminary Development Plan and the attached modified cross-section B. If determined necessary by the City Engineer, the pavement width of the entry street shall be thirty-six (36) feet for a distance of 100 feet south of the Speedway Boulevard right-of-way.

16. A request shall be made to give the entry street a name other than Kent Drive. The street name shall be subject to approval by Pima County Addressing.

17. A drainage report shall be submitted for review and approval, including details of retention/detention. The Project shall be designed to fully comply with the detention/retention requirements of the City's Floodplain Ordinance. Where possible based upon final lot grading, all back yards which are adjacent to the 1.7 acre open space shall be graded such that at least 50% of each lot's runoff shall drain through frequently spaced openings in the perimeter wall. In addition, if possible, the six homes front yards at the south end of the cul-de-sac shall be graded such that a drainage divide shall cause runoff from these six homes, the street before them, and the drainage collected from the alley to the south to be discharged onto the open space.

18. Due to the proximity of Robb Wash (an unstabilized channel) to Kent Drive (a public street and sole access point to this project), the applicant shall install appropriate erosion protection (reduction in the erosion hazard setback) as determined by the approved drainage report or provide an alternate access route to ensure all weather access to the site.

19. All utilities shall be underground.

20. No street lights shall be installed.

21. A four (4) foot high wire construction fence with appropriate color coded flagging shall be installed adjacent to the east curb of the new access road and at the west boundary of the 1.7 acre open space area prior to any alteration of the site. No engine-powered machinery shall be allowed on the east side of this fence at any time. No construction access shall be allowed through the existing north end of Kent Drive or the existing alleys. Construction noise shall be allowed only between dawn and dusk. Dust shall be controlled at all times.

22. The Developer or their designated representative, in cooperation with the Carriage Hill Neighborhood Association, shall be permitted to rescue any wildlife present on the site prior to the start of grading for the Project. A notice shall be given to the Carriage Hill Neighborhood Association at least four (4) weeks prior to grubbing which shall specify the anticipated start date of the construction.

23. Any modification required to the median island in Speedway Boulevard shall be constructed at no expense to the public.

24. All open space areas shall be surveyed and fenced prior to grading, grubbing, or any other land disturbance on-site.

25. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.

26. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.

27. Archeological/cultural remains encountered during construction shall be mitigated in accordance with guidelines provided by the Arizona State Museum.

28. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.

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

30. Recordation of a final plat for construction of the proposed development in compliance with all Code requirements and conditions of rezoning by May 3, 2004.

Eleven (11) written approvals and twenty-one (21) written protests have been received. Ten (10) of the protests are located within the 150 foot notification area representing a 63.11 percent protest to the south, a 6.46 percent protest by area to the east, a 10.68 percent protest by area to the west, and a zero (0) percent protest by area to the north. A petition with sixty-three (63) signatures in favor and two (2) signatures in opposition has also been presented by Mr. Timothy Gillooly on behalf of the residents of the Carriage Hills Neighborhood.

A 3/4 majority vote of the Mayor and Council will be necessary to adopt an ordinance once the conditions of rezoning have been met.

6. ZONING: (SE-99-05) AT&T WIRELESS SERVICES - 5350 EAST GLENN STREET, COMMERCIAL SERVICES - COMMUNICATIONS USE, O-3 ZONE, SPECIAL EXCEPTION LAND USE - ZONING EXAMINER’S REPORT

(a) Report from City Manager JUNE21-99-306 WII

(b) Report from Zoning Examiner dated June 3, 1999

(c) Request to allow the construction of a new undisguised and unconcealed telecommunications facility in the O-3 zone. Applicant: Mr. Luke Hollis on behalf of AT&T Wireless Services. The subject property is within an existing Tucson Electric Power substation located approximately 375 feet south of Glenn Street and approximately 975 feet west of Craycroft road. The preliminary development plan is to install a sixty-five (65) foot high pole and slimline antennae array and a 230 square foot equipment cabinet on a 2,500 square foot lease area. The Tucson Land Use Code section applicable to this request is 3.5.4.20.G.1. The Planning Department and Zoning Examiner recommend approval of the Special Exception Land Use request, subject to certain conditions. The City Manager recommends approval of the Special Exception Land Use request, subject to the following conditions.

1. A Site Plan, in substantial compliance with the preliminary development plan, shall be submitted for review and approval, including, but not limited to:

a. A maximum pole diameter of eighteen (18) inches.

b. A maximum pole height of sixty-five (65) feet.

c. No external wiring, cabling or foot pegs visible on the pole.

d. Antennae to be similar in appearance to existing slimline antennae on adjacent TUSD facility.

e. All telecommunications equipment visible above the existing screen wall must be painted the same color as the existing equipment within the substation.

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

Four (4) written approvals and two (2) written protests have been received.

A simple majority vote of the Mayor and Council will be necessary to approve the Special Exception Land Use request.

7. ZONING: (C9-98-37) HEADLEY - VALENCIA ROAD, O-3 TO C-1 AND C-2, ZONING EXAMINER’S REPORT

(a) Report from City Manager JUNE21-99-307 WI

(b) Report from Zoning Examiner dated June 4, 1999

(c) Request to rezone approximately 2.15 acres from O-3 to C-1 zoning and approximately 6.53 acres from O-3 to C-2 zoning for a total of 8.68 acres. Applicant: Mr. Chuck Martin of Rick Engineering Company, Inc. on behalf of the property owners, Headley & Valencia, L.L.C. The rezoning site is located on the northeast corner of Valencia Road and Headley Road. The preliminary development plan is for a shopping center with a principal building of 67,500 square feet, a second building of 14,500 square feet, and three (3) other buildings of approximately 5,000 square feet each for a total building area of approximately 97,000 square feet. The Planning Department and Zoning Examiner recommend C-1 and C-2 zoning, subject to certain conditions. The City Manager recommends approval of C-1 and C-2 zoning, subject to the following conditions.

1. A development plan, in substantial compliance with the revised preliminary development plan and the Design Compatibility Report, is to be submitted for review and approval in accordance with Section 5.3.8 of the LUC, including, but not limited to:

a. A comprehensive cross-use vehicular and pedestrian agreement to be recorded between the rezoning site and the property to the east.

b. A minimum of three (3), thirty (30) foot wide, PAAL connections, and associated pedestrian connections, to be provided between the rezoning site and the property to the east.

c. The existing wall between the rezoning site and the property to the east to be removed.

d. A six (6) foot high decorative masonry wall to be provided along the entire north property line of the rezoning site.

e. All buildings to be located a minimum 140 feet from the north property line.

f. All loading spaces, dumpsters, compactors, recycling containers, and other similar uses to be located a minimum 100 feet from the north property line.

g. All loading spaces, dumpsters, compactors, recycling containers, and other similar uses associated with the northernmost building to be located a minimum 75 feet from the west property line and screened by a minimum six (6) foot high decorative masonry wall.

h. Drive-through lanes and bay doors for automotive uses shall not be allowed on the north or west side of any building.

2. The owner/developer shall dedicate right-of-way for Headley Road as needed for the development of a 72 foot street cross-section.

3. The owner/developer shall install additional pavement, curb, and six (6) foot wide sidewalks as needed along the Valencia Road and Headley Road frontages of the rezoning site.

4. A drainage report shall be submitted for review and approval, including details of detention and retention, and incorporating water harvesting techniques.

5. The owner/developer shall provide for conveyance of site runoff to the ultimate discharge point as shown on the Master Drainage Area Map for Midvale dated October 1985 (i.e., the future proposed culvert crossing beneath Headley Road southwest of Oak Tree Drive) or an alternate location as approved by the City of Tucson Engineering Division, prior to approval of the development plan.

6. The owner/developer shall contribute a fifty (50) percent share of the cost of the future extension of the proposed culvert crossing beneath the improvements to the eastern portion of Headley Road southwest of Oak Tree Drive. The cost will be based on an engineer’s estimate to be approved by the City of Tucson Engineering Division and the owner/developer’s consultant.

7. The owner/developer shall fully develop a bus stop on Valencia Road including an ADA approved shelter and associated pedestrian provisions as approved by Sun Tran and the Department of Transportation.

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. The side and rear building facades of all buildings shall be designed with attention to architectural character and detail comparable to the front.

10. Roof lines shall be varied in order to reduce the apparent scale of large buildings. Three-dimensional cornice treatments, parapet wall details, overhanging eaves, or similar details, shall be used to enhance the architectural character of the buildings.

11. Passive solar energy techniques shall be integrated into the overall design of the building and all roof mounted mechanical equipment shall be screened from adjacent properties and streets.

12. A clearly defined, highly visible customer entrance shall be provided to each principal building through the use of architectural features and design.

13. All lighting shall be shielded and directed away from streets and the parcel to the north. Special consideration shall be given to providing sufficient and pleasant lighting in pedestrian areas.

14. A qualified archeologist shall be consulted prior to any ground modification, and if any cultural resources are found, a data recovery program approved by the Arizona State Museum shall be performed.

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

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

17. Issuance of a building permit for construction of the proposed development based on an approved development plan in compliance with all Code requirements and conditions of rezoning by June 7, 2004.

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

A simple majority vote of the Mayor and Council will be necessary to adopt an ordinance once the conditions of rezoning have been met.

8. ZONING: (C9-99-08) H AND S PROPERTIES - SPEEDWAY BOULEVARD, R-2 TO O-2, ZONING EXAMINER’S REPORT

(a) Report from City Manager JUNE21-99-289 WVI

(b) Report from Zoning Examiner dated May 21, 1999

(c) Request to rezone approximately 0.22 acres (9,558 square feet) from R-2 to O-2 zoning. Applicant: Mr. Michael J. Marks of MJM Consulting, Inc., on behalf of the property owner, H & S Properties, LLC. The rezoning site is located on the southeast corner of Speedway Boulevard and Second Avenue. The preliminary development plan is for the conversion of a one and one-half story, 2,030 square foot residence into a professional office. The property is located within the boundaries of the West University Historic Preservation Zone (WUHPZ) and subject to the regulations of the Historic Preservation Zone (HPZ) ordinance. The Planning Department and Zoning Examiner recommend O-1 zoning in lieu of O-2 zoning, subject to certain conditions. The City Manager recommends approval of O-1 zoning in lieu of O-2 zoning, subject to the following conditions.

1. A development plan, in substantial compliance with the preliminary development plan and the Design Compatibility Report, is to be submitted for review and approval in accordance with Section 5.3.8 of the LUC, including, but not limited to:

a. Vehicular access to the rezoning site shall be restricted to one, twenty-four-(24) foot-wide, two-way driveway from Second Avenue and constructed to prevent vehicular access to the utility and sidewalk area along Second Avenue.

b. No vehicular access to the alley shall be permitted.

c. No expansion of floor area shall occur and the existing architectural style of the residence shall be retained. Photographs of the existing buildings shall be submitted with the development plan.

d. All exterior changes to the property shall be reviewed and approved through the Historic Preservation Zone (HPZ) process.

e. The lava rock wall along Second Avenue shall be preserved and repaired as necessary except at the new driveway location.

f. Outdoor lighting, if included, shall be low-pressure sodium, shielded, mounted below the height of the screen wall, and directed down and away from adjacent residential development.

g. Any pedestrian passage gate in the south wall accessing the alley shall include a self-closing mechanism.

2. The owner/developer shall record an irrevocable offer to dedicate, at no charge to the City of Tucson, additional right-of-way along Speedway Boulevard, together with a 25-foot radius spandrel at the southeast corner of Speedway Boulevard and Second Avenue, per Corridor Study Plan R-90-12 of the Major Streets and Routes Plan. This condition will be construed as creating solely an obligation to convey, at no cost to the City, the real property excluding improvements. As used in this condition, the term right-of-way will be deemed to refer to the land only excluding any structures and/or improvements and the values thereof.

3. Freestanding signage shall not be permitted. No illuminated signage shall be permitted on the building. All signage shall be approved through the Historic Preservation Zone (HPZ) process

4. Curbing and sidewalk along the both street frontages shall be installed or repaired as necessary, including handicap accessible ramps at appropriate locations.

5. Stormwater harvesting shall be maximized in the landscaped areas.

6. 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.) to provide a minimum planting area of sixteen (16) square feet and include trees or shrubs in the voids created by these variations.

7. An on-the-ground survey by a qualified archeologist shall be performed before any ground modification, and if any remains are found, a data recovery program approved by the Arizona State Museum shall be performed.

8. "Safe by Design" concepts shall be incorporated in the development plan 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. On-site verification by Planning Department staff of compliance with all Code requirements and conditions of rezoning by June 21, 2004.

Eight (8) written approvals and five (5) written protests have been received. A letter of support was also received from the West University Neighborhood Association. Two (2) of the protests are located within the 150 foot notification area resulting in a protest by area of 5.0 percent to the north, 5.6 percent to the west, 18.0 percent to the south and zero percent to the east.

A simple majority vote of the Mayor and Council will be necessary to adopt an ordinance once the conditions of rezoning have been met.

9. ZONING: (C9-97-19) FRANTZ - 22ND STREET, SR TO SR AND RX-2, ORDINANCE ADOPTION

(a) Report from City Manager JUNE21-99-308 WIV

(b) Request to rezone 9.4 acres of property on the south side of 22nd Street west of the Ridgeside Alignment from SR to SR and RX-2. Applicant: The Planning Center. The development plan/tentative plat is for twelve (12) single-family residences, utilizing the Residential Cluster Project (RCP) provisions of the Land Use Code. The Planning Department recommends adoption of the ordinance presented. The City Manager recommends adoption of the ordinance presented.

(c) Ordinance No. 9243 relating to zoning: Amending zoning district boundaries in the vicinity of the south side of 22nd Street west of the Ridgeside Alignment in case C9-97-19 Frantz - 22nd Street, SR to SR and RX-2 (Ward 4).

One (1) written approval and zero (0) written protests were received for this case.

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

10. ZONING: (C9-97-21) DEGRAZIA - SWAN ROAD, SR TO R-2, ORDINANCE ADOPTION

(a) Report from City Manager JUNE21-99-309 WII

(b) Request to rezone a portion of the property on the east side of Swan Road approximately 600 to 1240 feet north of Fort Lowell Road and approximately 735 to 1250 feet east of Swan Road from SR to R-2. Applicant: Mr. Jerry DeGrazia, the property owner. The tentative plat/development plan is for the Enclave at Valley Ranch, a residential subdivision with a total of fifty-six (56), one and two-story, single-family residences on approximately 7.0 acres, utilizing the Residential Cluster Project (RCP) provisions of the Land Use Code. The Planning Department recommends that the ordinance presented for the R-2 portion of the rezoning site be adopted. The City Manager recommends that the ordinance presented for the R-2 portion of the rezoning site be adopted.

(c) Ordinance No. 9244 relating to zoning: Amending zoning district boundaries in the vicinity of the east side of Swan Road approximately 600 to 1240 feet north of Fort Lowell Road and 735 to 1250 feet east of Swan Road in case C9-97-21 DeGrazia - Swan Road, SR to R-2 (Ward 2).

Eleven (11) written approvals and eight (8) written protests were received for this case. Five (5) protests are located within the 150 foot notification area, representing a 9.38 percent protest by area to the south and a zero (0) percent to the north, east and west.

A simple majority vote of the Mayor and Council will be necessary to adopt the ordinance presented for the R-2 portion of the rezoning site.

11. ZONING: (C9-98-21) PULTE HOMES - OLD SPANISH TRAIL, SR TO R-1, CHANGE OF CONDITION AND ORDINANCE ADOPTION

(a) Report from City Manager JUNE21-99-311 WIV

(b) Request for a change of condition of rezoning and ordinance adoption. Applicant: Pulte Homes. The rezoning site is located in the triangular area between 22nd Street, Old Spanish Trail, and the Discovery Ridge Subdivision. The development plan/tentative plat is for 61 one-story single-family residences on 19.55 acres utilizing the Residential Cluster Project (RCP) option for a density of 3.12 units per acre. The applicant is requesting a change to rezoning condition 1.a. Condition 1.a. currently requires that "all of the 100-year floodplain of the Hidden Hills Wash and unnamed tributary be preserved in its natural state". The applicant is requesting that the condition be changed to eliminate the reference to "all of the 100-year floodplain area...be preserved..." and refer instead to the "100-year floodplain area as indicated on the preliminary development plan...be preserved...". The Planning Department recommends approval of the change to condition 1.a. and adoption of the ordinance presented. The City Manager recommends approval of the change to condition 1.a. and adoption of the ordinance presented as amended.

1.a. All of the 100-year floodplain area of the Hidden Hills Wash and the unnamed tributary, as indicated on the preliminary development plan, shall be preserved in its natural state and designated as natural open space, except for the street crossings. The natural open space shall be so designated in a surveyable manner on the tentative and final plats and referred to in the CC&Rs. Activities permitted in the natural open space include maintenance, vegetative enhancement and pedestrian recreation.

(c) Ordinance No. 9245 relating to zoning: Amending zoning district boundaries in the vicinity of the triangular area located between 22nd Street, Old Spanish Trail, and the Discovery Ridge Subdivision, in case C9-98-21, Pulte Homes - Old Spanish Trail, SR to R-1 (Ward 4); and setting an effective date.

Eight (8) written approvals and sixty-four (64) written protests were received for the public hearing. Two (2) of the protests are located within the 150-foot notification area and result in a 5.87 percent protest by area to the east, and a zero (0) percent protest to the north, west and south.

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

12. FINANCE: CONTINGENCY FUND TRANSFER TO OUR TOWN FAMILY CENTER TO PROVIDE ADDITIONAL COUNSELORS, TRAINING, WORKSHOPS AND SEMINARS

(a) Report from City Manager JUNE21-99-312 CITY-WIDE

(b) Resolution No. 18320 relating to finance; approving and authorizing the transfer of three thousand dollars from the contingency fund to organization 001-183-1838-268, for Our Town Family Center.

13. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager JUNE21-99-297 CITY WIDE

14. CALL TO THE AUDIENCE for persons desiring to speak.

15. ADJOURNMENT

The next regularly scheduled meeting of the Mayor and Council will be held Monday, June 28, 1999, at 7:30 p.m. in the Mayor and Council Chambers of City Hall, 255 West Alameda, Tucson, Arizona.

A. FINANCE: WRITE-OFF UNCOLLECTED ACCOUNTS RECEIVABLE

(1) Report from City Manager JUNE21-99-291 CITY-WIDE

(2) Resolution No. 18311 relating to finance; authorizing the write-off of certain uncollectible items.

B. INTERGOVERNMENTAL AGREEMENT: ADDENDUM 1A ESTABLISHING A COMMUNITY POLICING INSTITUTE WITH THE ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD, CITY OF GLENDALE, CITY OF TEMPE AND THE ARIZONA DEPARTMENT OF PUBLIC SAFETY

(1) Report from City Manager JUNE21-99-292 CITY-WIDE

(2) Resolution No. 18312 relating to law enforcement; approving and authorizing execution of Addendum No. 1A to the intergovernmental agreement establishing a Community Policing Institute between and among the City of Tucson, Arizona Peace Officer Standards and Training Board (AZ POST); City of Glendale, the City of Tempe and the Arizona Department of Public Safety.

C. ASSURANCE AGREEMENT: RITA VERDE, LOTS 1-38 AND COMMON AREAS "A" AND "B" (S98-063)

(1) Report from City Manager JUNE21-99-294 WIV

(2) Resolution No. 18313 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 Rita Verde Subdivision, Lots 1 to 38 and Common Areas "A" and "B".

D. REAL PROPERTY: RIGHT-OF-WAY ACQUISITION AGREEMENT WITH PIMA COUNTY FOR PROPERTY ALONG FAIRVIEW AVENUE AND PRINCE ROAD FOR FUTURE ROADWAY EXPANSION

(1) Report from City Manager JUNE21-99-295 WIII

(2) Resolution No. 18314 relating to real property; authorizing the execution of an agreement with Pima County for the acquisition of certain right-of-way.

E. APPROVAL OF MINUTES:

• November 23, 1998
• April 26, 1999

F. GRANT APPLICATION: FOR A LOCAL LAW ENFORCEMENT BLOCK GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE

(1) Report from City Manager JUNE21-99-293 CITY-WIDE

(2) Resolution No. 18315 relating to law enforcement; approving and authorizing execution of an application for, and acceptance of, a Local Law Enforcement Block Grant from the United States Department of Justice, Bureau of Justice Assistance.

G. REAL PROPERTY: AUTHORIZATION TO ACQUIRE PROPERTY AT FOUR LOCATIONS FOR CONSTRUCTION OF POTABLE SUPPLY WATER WELLS

(1) Report from City Manager JUNE21-99-296 WIV AND OUTSIDE CITY

(2) Resolution No. 18316 relating to real property; authorizing the City Manager to acquire by negotiation, and the City Attorney to condemn if necessary, certain real property.

H. TUCSON CODE: AMENDING (CHAPTERS 7, 11 AND 19) REGULATING HOTELS TO DISCOURAGE PROSTITUTION AND CRIMINAL ACTIVITY

(1) Report from City Manager JUNE21-99-300 CITY-WIDE

(2) Ordinance No. 9240 relating to businesses regulated, licenses and privilege taxes and crimes and offenses; regulating hotels; requiring identification of guests; prohibiting consecutive rentals within eight hours; requiring notice of violations to licensee; providing grounds for suspension of business license; providing for hearing upon suspension; prohibiting operating on a suspended license; amending Chapter 7 by adding Article XX, Sections 7-440 through 7-446; amending Chapter 19 by amending Article I, Section 19; and amending Chapter 11, Article I, by deleting Section 11-26.

I. FINANCE: CONTINGENCY FUND TRANSFER TO THE DESERT WASTE NOT WAREHOUSE

(1) Report from City Manager JUNE21-99-299 CITY-WIDE

(2) Resolution No. 18318 relating to finance; approving and authorizing the transfer of ten thousand dollars from the Contingency Fund to organization 001-183-1836-268, for the Desert Waste Not Warehouse.

J. REAL PROPERTY: DECLARING TWO CITY-OWNED HOUSES TO BE SURPLUS AND CONVEYANCE TO PRIMAVERA BUILDERS FOR REHABILITATION UNDER THE HOPE III HOUSING PROGRAM

(1) Report from City Manager JUNE21-99-301 WI & WVI

(2) Ordinance No. 9241 relating to community services; vacating and declaring certain City-owned houses to be surplus, and authorizing the conveyance thereof to Primavera Builders for rehabilitation under the Hope III Housing Program.

K. ANNEXATION: ALVERNON/BENSON HIGHWAY ANNEXATION DISTRICT

(1) Report from City Manager JUNE21-99-302 WV

(2) Ordinance No. 9226 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 3, 4, 9, and 10, T.15S., R.14E., G.&S.R.B.&M., Pima County, Arizona, more particularly described in the body of this ordinance.

L. PLATS: (S98-063) FINAL PLAT - RITA VERDE, LOTS 1 THROUGH 38 AND COMMON AREAS A-BUFFER AND B-DRAINAGE (A RESIDENTIAL CLUSTER PROJECT)

(1) Report from City Manager JUNE21-99-303 WIV

(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.

M. CITY ATTORNEY: CITIZEN PETITION ON ORDINANCE NO. 9159, ADOPTED NOVEMBER 9, 1998, REGARDING ANIMALS AND FOWL

(1) Report from City Manager JUNE21-99-290 CITY-WIDE

N. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FREE LIBRARY DISTRICT FOR LIBRARY SERVICES FOR FISCAL YEAR 1998-1999

(1) Report from City Manager JUNE21-99-310 CITY-WIDE

(2) Resolution No. 18319 relating to library services; approving an intergovernmental agreement between the City of Tucson and the Pima County Free Library District for library services for Fiscal Year 1998-99.

O. FINANCE: CONTINGENCY FUND TRANSFER TO PIMA PREVENTION PARTNERSHIP TO PROVIDE TRANSPORTATION TO COMMUNITY EVENTS TO CHILDREN WITH DISABILITIES THOUGH THE SUMMER MONTHS

(1) Report from City Manager JUNE21-99-313 CITY-WIDE

(2) Resolution No. 18321 relating to finance; approving and authorizing the transfer of eight thousand dollars from the contingency fund to organization 001-183-1838-268, Pima Prevention Partnership.

P. FINANCE: CONTINGENCY FUND TRANSFER TO THE BOYS AND GIRLS CLUBS OF TUCSON TO KEEP THE EXTENDED HOURS OF THE HOMES TUTTLE CLUBHOUSE PROGRAM OPERATING THROUGH THE SUMMER MONTHS

(1) Report from City Manager JUNE21-99-314 CITY-WIDE

(2) Resolution No. 18322 relating to finance; approving and authorizing the transfer of two thousand dollars from the contingency fund to organization 001-183-1838-268, for the Boys & Girls Clubs of Tucson.

Q. 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 JUNE21-99-298

(2) ROMANO’S MACARONI GRILL, Applicant: Clare H. Abel, 5100 E. Broadway Blvd., PERMANENT EXTENSION OF PREMISES, City No. EP22-99, WVI

(3) CONGRESS TAP ROOM, INC., Applicant: Richard S. Oseran, 311 E. Congress St., TEMPORARY EXTENSION OF PREMISES, City No. EP23-99, WVI

(4) TUCSON POP WARNER RAIDERS, INC., Applicant: Lloyd L. Douglass, 201 E. Broadway Blvd., SPECIAL EVENT, City No. T053-99, WVI

(5) HEIDELBERG CLUB, INC., Applicant: Arthur Petersen, 4606 E. Pima St., SPECIAL EVENT, City No. T062-99, WIII

(6) THE KEYS, Applicant: Luke Cusack, 6444 E. Tanque Verde Rd., PERSON TRANSFER, Series 6, City No. 031-99, WII

(7) WOODY’S, Applicant: Frank L. Schepis, 3710 N. Oracle Rd., LOCATION TRANSFER, Series 6, City No. 038-99, WIII

(8) ORACLE PRINCE CHEVRON, Applicant: Daniel H. Peterson, 3601 N. Oracle Rd., NEW LICENSE, Series 10, City No. 039-99, WIII

(9) BULL PEN LOUNGE, Applicant: Thomas L. Brandon, 4001 N. Romero Rd., PERSON TRANSFER, Series 6, City No. 040-99, WI

CONSENT AGENDA ITEM NO. 3-R HAS BEEN ADDED:

R. PLATS: (S98-053) FINAL PLAT - SWAN CORPORATE CENTER, LOTS 1 THROUGH 44 AND COMMON AREAS "A" (PRIVATE P.A.A.L. AND OPEN SPACE) AND "B" (PRIVATE DRAINAGEWAY)

(1) Report from City Manager JUNE21-99-315 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.

Copyright City of Tucson. Posted: 6/21/99