[CONSENT AGENDA ITEM NOS. 3-G AND 3-H HAVE BEEN ADDED AND REGULAR AGENDA ITEM NOS. 17 AND 18 HAVE BEEN ADDED.]
1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
INVOCATION – Pastor Jim Hoogenboom, Compassion Christian Center
PLEDGE OF ALLEGIANCE – led by Brownie Troop #600 and Cadet Troop #897
PRESENTATION(S)
(a) Presentation of "Certificates of Achievement to graduates for Completing Course Requirements for High Tech Wage Basic Electro/Mechanical Assembly"
3. CONSENT AGENDA - ITEMS A THROUGH E
FOR COMPLETE DESCRIPTION OF ITEMS, SEE CONSENT AGENDA (linked below)
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. AGREEMENTS: INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR YOUTH JOB TRAINING PROGRAMS AND FINANCIAL PARTICIPATION AGREEMENTS WITH VARIOUS AGENCIES FOR UNALLOCATED YOUTH AND FAMILY FUNDING FOR FISCAL YEAR 1999-00
(a) Report from City Manager NOV22-99-612 CITY-WIDE
(b) Resolution No. 18438 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with Pima County for Youth Job Training Programs.
(c) Resolution No. 18439 relating to outside agency activities; authorizing and approving the financial participation agreements between the City of Tucson and various outside organizations.
5. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FOR ANIMAL CONTROL SERVICES FOR FISCAL YEAR 1999-00
(a) Report from City Manager NOV22-99-611 CITY-WIDE
(b) Resolution No. 18437 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement between the City of Tucson and Pima County for animal control services.
6. FINANCIAL PARTICIPATION AGREEMENTS: WITH OUTSIDE AGENCIES FOR FISCAL YEAR 1999-00
(a) Report from City Manager NOV22-99-613 CITY-WIDE
(b) Resolution No. 18440 relating to outside agency activities; authorizing and approving the financial participation agreements between the City of Tucson and various outside organizations.
7. PUBLIC IMPROVEMENT: MAYFAIR TERRACE DISTRICT PAVING IMPROVEMENT
(a) Report from City Manager NOV22-99-618 WV
(b) Declaration of Bids received by City Clerk on November 3, 1999.
Recommendation for award of contract provided by Superintendent of Streets.
(c) Award of Construction Contract to Southern Arizona Paving and Construction Company.
8. ZONING: (C9-99-15) PEPPER VINER – PANTANO ROAD, SR TO R-1, ZONING EXAMINER'S REPORT
(a) Report from City Manager NOV22-99-619 WII
(b) Zoning Examiner's Report dated October 29, 1999
(c) This is a request by Mr. William Viner of the Pepper Viner Company, to rezone approximately 9.4 acres from RX-1 to R-1 zoning. The rezoning site is located on the east side of Pantano Road approximately 600 feet south of Pima Street. The preliminary development plan is for 39, one and two-story, single-family residences for a density of 4.2 dwelling units per acre utilizing the Residential Cluster Project (RCP) option. The Zoning Examiner and the Planning Department recommend approval of R-1 zoning, subject to certain conditions. 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 Design Compatibility Report, is to be submitted for review and approval in accordance with Section 4.1.0 of the LUC, including, but not limited to:
a. All structures within one hundred (100) feet of the north or south boundaries shall be one-story with a maximum height of 21.5 feet.
b. A masonry wall six (6) feet high shall be constructed on the north and south boundaries of the project. These walls shall be constructed prior to the issuance of any permits for residences.
c. A minimum ten (10) foot wide landscape buffer with canopy trees shall be provided adjacent to Pantano Road. A minimum five (5) foot high masonry wall shall be constructed on the project side of the landscaping.
d. The existing median opening in Pantano Road that currently provides left turn access to the alley south of the property shall be maintained.
2. The owner/developer shall dedicate or verify the existence, per the Major Streets and Routes Plan, of the Pantano Road right-of-way along the frontage of the rezoning site.
3. A drainage report shall be submitted for review and approval, including retention/detention calculations/requirements.
4. The finished floor elevations (FFE's) of residences on perimeter lots shall not be more than two (2) feet above those of adjacent residences in existing subdivisions.
5. Water harvesting techniques shall be incorporated by conveying all rooftop drainage to designated water harvesting 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.
7. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible.
8. All new construction shall utilize earthtone colors and materials. Brighter colors may be used for accent.
9. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.
10. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.
11. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.
12. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.
13. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
14. Recordation of a final plat for construction of the proposed development in compliance with all Code requirements and conditions of rezoning by November 22, 2004.
Three (3) written approvals and four (4) written protests have been received. Three (3) of the protests are located within the 150 foot notice area resulting in a protest by area of 8.8 percent to the west, 31.7 percent to the south, 21.5 percent to the north and 8.9 percent to the east.
A simple majority vote of the Mayor and Council will be necessary to authorize the rezoning. However, a ¾ majority vote of the Mayor and Council will be necessary to adopt an ordinance once the conditions of rezoning have been met.
9. ZONING: (C9-98-28) U.S. HOME – HOUGHTON ROAD, SR, RX-2 AND O-3 TO R-1, ORDINANCE ADOPTION
(a) Report from City Manager NOV22-99-620 WII
(b) Request to rezone property located west of Houghton Road and north of 22nd Street. The development plan is for an 89 lot single-family subdivision utilizing the Residential Cluster Project (RCP) provisions of the Land Use Code (LUC) for a density of 3.13 units per acre. Applicant: Gordon Stone of Cella Barr Associates on behalf of the property owners Harold and Ruth Fancher. The Planning Director recommends adoption of the ordinance presented rezoning the property from SR, RX-2, and O-3 to R-1 zoning. The City Manager recommends adoption of the ordinance presented.
(c) Ordinance No. 9320 relating to zoning: Amending zoning district boundaries in the area located west of Houghton Road and north of 22nd Street in case C9-98-28, US Home – Houghton Road, SR, RX-2, and O-3 to R-1.
Two (2) written approvals and seven (7) written protests were received. Five (5) protests were located within the 150 foot notification area. The protests result in a 5.1 percent protest by area to the north, a 9.0 percent to the west, and a zero percent to the south and east.
A simple majority vote of the Mayor and Council will be necessary to adopt the ordinance presented should the Mayor and Council choose to do so.
10. ZONING: (C9-99-13) PEPPER VINER – LA CIENEGA DRIVE, SR TO R-1, ZONING EXAMINER'S REPORT
(a) Report from City Manager NOV22-99-622 WII
(b) Zoning Examiner's Report dated October 15, 1999
(c) This is a request by Mr. Bill Viner of the Pepper Viner Company, on behalf of the property owner, CMC Land Management and Development Company, to rezone approximately 3.77 acres from SR to R-1 zoning. The rezoning site is located on the northeast corner of Desert Arbors Street and La Cienega Drive. The preliminary development plan is for fifteen (15) one and two-story single-family residences for a density of 3.9 units per acre. The Zoning Examiner recommends denial of R-1 zoning. Based on the substantial revisions made to the proposed development which address the concerns and issues raised by the neighborhood and the Zoning Examiner, the Planning Department recommends approval of R-1 zoning, subject to the presented conditions, as amended by the applicant per the neighborhood agreement. 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 Design Compatibility Report, is to be submitted for review and approval in accordance with Section 4.1.0 of the LUC, including, but not limited to:
a. Lots adjacent to the north, east and south boundaries of the project, and also lots 8 and 9, will be restricted to one-story, not to exceed 17.5 feet in height.
b. Any structure greater than twenty (20) feet in height shall have a variety of rooflines. Elevations showing these rooflines shall be submitted with the tentative plat.
c. No grading shall occur more than four (4) months prior to start of construction.
d. Recordation of the Neighborhood Agreement dated October 25, 1999, and inclusion of that recordation information on the plat.
2. The owner/developer shall dedicate, or verify the existence of, right-of-way on Desert Arbors Street and La Cienega Drive consistent with the rights-of-way for other abutting developed streets.
3. The owner/developer shall install, or verify the existence of, necessary pavement, curb, and sidewalks along the boundary streets consistent with street improvements on other abutting developed streets.
4. A drainage report shall be submitted for review and approval, including retention/detention calculations/requirements. This report shall verify that the reinforced concrete box culvert beneath Desert Arbors Street, near the southeast corner of the site, provides an all-weather access crossing.
5. Landscaping shall be provided along both La Cienega Drive and Desert Arbor Street. This landscaping shall include canopy trees at least every seventy-five (75) feet with shrubs and groundcover provided adjacent to the perimeter wall in the areas between the trees.
6. Water harvesting techniques shall be incorporated in all new development by conveying all rooftop, parking area access lane (PAAL) and parking area drainage to designated water harvesting areas.
7. No continuous perimeter wall along La Cienega Drive shall exceed two hundred (200) feet in length. The wall on lot 1, as it relates to La Cienega Drive shall not exceed fifty (50) feet in length; the walls on lots 9 and 13, as they relate to La Cienega Drive, shall not exceed one hundred (100) feet in length. There shall be no perimeter walls along Desert Arbors. The perimeter walls will average five (5) feet in height, will be constructed of graffiti-resistant earthtone colored block and will be heavily landscaped along La Cienega Drive with drought tolerant vegetation and cacti. Notched areas shall be provided in the walls at the intersection of lots sharing common boundaries along La Cienega Drive and canopy trees shall be planted in those notched areas.
8. All new construction shall utilize earthtone colors and materials. Brighter colors may be used for accent.
9. The area containing the drainageway to the east of the rezoning site shall remain undisturbed except for the outlet to the retention basin.
10. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.
11. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.
12. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.
13. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.
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. Recordation of a final plat for construction of the proposed development in compliance with all Code requirements and conditions of rezoning by November 15, 2004.
Two (2) written approvals and fifteen (15) written protests were originally received. Since that time, thirteen (13) protests have been rescinded and changed to approvals. There are now fifteen (15) written approvals and two (2) written protests on file. The two protests are located within the 150 foot notice area resulting in a protest by area of 10.8 percent to the south, 14.5 percent to the east and 0 percent to the north and west.
A simple majority vote of the Mayor and Council will be necessary to authorize the rezoning and also adopt an ordinance once the conditions of rezoning have been met.
11. ZONING: (C9-99-09) KAUFMAN AND BROAD – OLD SPANISH TRAIL, SR TO R-1, ORDINANCE ADOPTION
(a) Report from City Manager NOV22-99-623 WIV
(b) Request to rezone property located on the south side of Old Spanish Trail east of the 29th Street alignment. The development plan is for 130, one-story, single-family homes on 26.11 acres utilizing the Residential Cluster Project (RCP) provisions of the Land Use Code (LUC) for a density of 4.98 units per acre. Applicant: Mr. Tom Williams of Kaufman and Broad. The Planning Director recommends adoption of the ordinance presented rezoning the property from SR to R-1 zoning. The City Manager recommends adoption of the ordinance presented.
(c) Ordinance No. 9323 relating to zoning: Amending zoning district boundaries in the area located on the south side of Old Spanish Trail east of the 29th Street alignment in case C9-99-09, Kaufman and Broad – Old Spanish Trail, SR to R-1.
Five (5) written approvals and one hundred sixty-one (161) written protests were received. Thirteen (13) protests were located within the rezoning district and two (2) of those located within the 150 foot notification area. The protests result in a 2.7 percent protest by area to the south, a 4.5 percent to the west, and a zero percent to the north and east.
A simple majority vote of the Mayor and Council will be necessary to adopt the ordinance presented should the Mayor and Council choose to do so.
12. ZONING: (C9-99-06) DESERT CHRISTIAN HIGH SCHOOL – SPEEDWAY BOULEVARD, RX-1 TO O-3, ORDINANCE ADOPTION
(a) Report from City Manager NOV22-99-625 WII
(b) Request to rezone property located on the northeast corner of Speedway Boulevard and Prudence Road. The development plan is for the conversion of the Centre Court Tennis Club into the Desert Christian High School by enclosing the two existing roofed tennis buildings for a gymnasium and multi-purpose facility and installing modular classrooms for a gross floor area of 52,500 square feet. Applicant: Mr. Martin Stickley on behalf of the Desert Christian High School. The Planning Director recommends adoption of the ordinance presented rezoning the property from RX-1 to O-3 zoning. The City Manager recommends adoption of the ordinance presented.
(c) Ordinance No. 9324 relating to zoning: Amending zoning district boundaries in the vicinity of the northeast corner of Speedway Boulevard and Prudence Road in case C9-99-06, Desert Christian High School – Speedway Boulevard, RX-1 to O-3.
Fourteen (14) written approvals and fifteen (15) written protests were received. Three (3) of the protests were located within the rezoning district and zero (0) of those were located within the 150 foot notification area. The protests result in a zero (0) percent protest by area to the north, south, east and west.
A simple majority vote of the Mayor and Council will be necessary to adopt the ordinance presented should the Mayor and Council choose to do so.
13. PUBLIC HEARING: TUCSON CODE (CHAPTER 19) ADOPTING THE 1999 AMENDMENTS TO THE TAX CODE OF THE CITY OF TUCSON
(a) Report from City Manager NOV22-99-624 CITY-WIDE
(b) Hearing
(c) Ordinance No. 9322 relating the privilege license tax; adopting "The 1999 Amendments to the Tax Code of the City of Tucson" establishing an effective date; providing for severability and providing penalties for violations.
14. PUBLIC HEARING: AMENDMENT TO MASTER PLAN FOR THE NORTH CENTRAL DISTRICT PARK
(a) Report from City Manager NOV22-99-609 WII
(b) Hearing
It is recommended that Mayor and Council amend the adopted Plan D for the North Central Park by allowing for vehicular access from Tucson Boulevard subject to the following conditions:
a.) adherence to the traffic mitigation and multimodal plan for Tucson Boulevard,
b.) the deletion of Tucson Boulevard north of Prince Road and Roger Road east of Campbell Avenue from the Major Streets and Routes Plan, and
c.) abandonment of Roger Road right-of-way to the University of Arizona.
15. PUBLIC HEARING: TUCSON CODE (CHAPTER 4) RELATING TO DANGEROUS ANIMALS; AMENDING WILD ANIMAL DEFINITIONS TO INCLUDE WOLF-HYBRIDS AND COYOTE HYBRIDS
(a) Report from City Manager NOV22-99-614 CITY-WIDE
(b) Hearing
(c) Ordinance No. 9325 relating to animals and fowl; amending wild animal definition; amending dangerous animal definition to include wolf-hybrids and coyote-hybrids; amending the notice of declaring an animal dangerous; requiring wolf-hybrids and coyote-hybrids to comply with dangerous animal requirements; requiring a permit to keep a dangerous animal and grand-fathering dangerous animals prior to the effective date of this ordinance; allowing a hearing within 5 days to prove by a preponderance of evidence conformance with order of compliance before forfeiting and destroying animal; by amending Tucson Code Chapter 4 Article 1 Sec. 4-9(d), Sec. 4-13(1), Sec. 4-13(2), 4-13(4) and amending 4-13(5).
16. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
17. INTERGOVERNMENTAL AGREEMENT: WITH THE GOVERNOR'S COMMUNITY POLICY OFFICE, GOVERNOR'S OFFICE FOR DOMESTIC VIOLENCE FOR DOMESTIC VIOLENCE PREVENTION
(a) Report from City Manager NOV22-99-627 CITY-WIDE
(b) Resolution No. 18442 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement between the Governor's Community Policy Office, Governor's Office for Domestic Violence Prevention and the City of Tucson.
18. REDEVELOPMENT: RATIFYING BOARD COMPOSITION AND APPROVING AN AMENDED INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SOUTH TUCSON AND THE RIO NUEVO MULTIPURPOSE FACILITIES DISTRICT
(a) Report from City Manager NOV22-99-630 CITY-WIDE
(b) Resolution No. 18444 relating to Rio Nuevo Multipurpose Facilities District; acknowledging reconstitution of the District; ratifying Board composition; approving and authorizing execution and delivery of an amended intergovernmental agreement.
*19. CALL TO THE AUDIENCE, for persons desiring to speak.
*20. ADJOURNMENT
The next scheduled meeting of the Mayor and Council will be held on Monday, December 6, 1999, at 10:00 a.m. and continued at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.
* Renumbered due to the added item.
