1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
INVOCATION - Pastor Arthur Pierce, Emmanuel Grace Apostolic Church
PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance
(a) Presentation of "Certificate of Recognition" to Cheryl Perry an employee in the Tucson Fire Department for her outstanding care and assistance at the scene of a car accident
(b) Proclamation - Proclaiming, Monday January 15, 2001 to be "Martin Luther King, Jr. Day"
3. CITY MANAGERíS REPORT: SUMMARY OF CURRENT EVENTS
- Report from City Manager JAN8-01-6 CITY-WIDE
4. CALL TO THE AUDIENCE, for persons desiring to speak.
5. CONSENT AGENDA - ITEMS A THROUGH S
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.
6. LIQUOR LICENSE APPLICATIONS
(a) Report from City Manager JAN8-01-26
- LIQUOR LICENSE SERIES APPLICATION(S)
(1) RUSTY'S PUTNEY'S
2075 W. Grant Road
Applicant: Russell Guy Freedlander
City #131-00, located in Ward 1
New License, Series 12
Action must be taken by: January 20, 2001
(2) THE BOTTLE SHOP Staff review not yet completed
1237 - 1241 S. Cherry Avenue
Applicant: Richard Gee
City #130-00, located in Ward 5
Person to Person Transfer, Series 9
Action must be taken by: January 14, 2001
(3) 7 - Eleven #2271-18602A
1201 S. Avenida Polar
Applicant: Suresh K. Thathi
City #133-00, located in Ward 4
Person to Person Transfer, Series 9
Action must be taken by: January 31, 2001
(4) KINETIC CAFÉ Planning Dept. Recommends DENIAL
530 N. Stone Avenue
Applicant: Erica G. Couzin
City #132-00, located in Ward 6
Person to Person and Location Transfer, Series 7
Action must be taken by: January 20, 2001
(c) SPECIAL EVENTS
(1) TUCSON MUSEUM OF ART Staff review not yet completed
140 N. Main Avenue
Applicant: Charlie Edward Bodden
City #T138-00, located in Ward 1
DATE OF THE EVENT: January 19, 2001
(d) EXTENSION OF PREMISES
(1) HOOTERS OF TUCSON
6335 E. Tanque Verde Rd.
Applicant: Adam N. Conroy
City #EP56-00, located in Ward 2
Type: Temporary Extension
DATE OF THE EVENT: January 28, 2001
7. RECONSIDERATION OF ORDINANCE NO. 9500 AND RESOLUTION NOS. 18796, 18797, 18798, 18799, 18800, 18801, 18802, 18803, 18804 AND 18806 ADOPTED DECEMBER 18, 2000
(a) Report from City Manager JAN8-01-7 CITY-WIDE
(b) Ordinance No. 9500 relating to competitive telecommunications; authorizing and approving the amendment to a non-exclusive license/franchise between the City of Tucson and GST Tucson Lightwave, Inc., and the assignment of said amended non-exclusive license/franchise to Time Warner Telecom of Arizona, LLC.
(c) Resolution No. 18796 relating to financial participation agreements; approving a financial participation agreement between the City of Tucson and Arizona Procurement and Technical Assistance Network.
(d) Resolution No. 18797 relating to water; authorizing the conversion from Type 2 Groundwater Rights in the Santa Cruz Wellfield to Service Area Rights; and declaring an emergency.
(e) Resolution No. 18798 relating to law enforcement; approving and authorizing execution of a Grant Award Contract between the City of Tucson and the U.S. Department of Justice, under the Omnibus Appropriations Act of 1999, No. 2000 LB-BX-2273 in the amount of $656,420.00.
(f) Resolution No. 18799 relating to community services; approving and authorizing execution of an intergovernmental agreement with Pima County for the Pima County Community Action Agency for the Supportive Housing Program/Bridges Project.
(g) Resolution No. 18800 relating to community services; approving and authorizing execution of an intergovernmental agreement with Pima County for the Jackson Employment Center for the Supportive Housing Program/Bridges Project.
(h) Resolution No. 18801 relating to real property; authorizing the City Manager to acquire by negotiation and the City Attorney to condemn if necessary, certain real property for the Broadway, Fourth Avenue, Stevens Avenue and Stone Avenue rights-of-way.
(i) Resolution No. 18802 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement between the City of Tucson and the State of Arizona for the design and construction of improvements to Miracle Mile from Interstate 10 to Oracle Highway (Ward 3).
(j) Resolution No. 18803 relating to finance; authorizing the write-off of certain uncollectible accounts.
(k) Resolution No. 18804 relating to intergovernmental agreements; approving and authorizing the execution of an intergovernmental agreement between the City of Tucson and Pima County for design and construction of Valencia Road and South 12th Avenue and petition for establishment of South 12th Avenue as a County highway.
(l) Resolution No. 18806 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with the Tucson Unified School District for development and maintenance of recreational amenities at Blenman Elementary School.
1. MOTION TO RECONSIDER Ordinance No. 9500 and Resolution Nos. 18796, 18797, 18798, 18799, 18800, 18801, 18802, 18803, 18804 AND 18806
2. MOTION TO PASS AND ADOPT Ordinance No. 9500 and Resolution Nos. 18796, 18797, 18798, 18799, 18800, 18801, 18802, 18803, 18804 AND 18806
8. PUBLIC IMPROVEMENT: PIMA STREET, SWAN ROAD TO CRAYCROFT ROAD DISTRICT PAVING IMPROVEMENT
(a) Report from City Manager JAN8-01-16 WVI
(b) Declaration of bids received by the City Clerk on December 19, 2000. Recommendation for award of contract provided by the Superintendent of Streets.
(c) Award of Construction Contract to Granite Construction Company
9. REAL PROPERTY: LEASE AGREEMENT WITH CRICKET ARIZONA PROPERTY COMPANY, TO FACILITATE INSTALLATION OF ANTENNAE ON THE ROOFTOP OF THE TUCSON CONVENTION CENTER
(a) Report from City Manager JAN8-01-2 WVI
(b) Ordinance No. 9505 relating to real property; authorizing and approving the lease of certain City-owned real property to Cricket Arizona Property Company, a Delaware Corporation.
10. ZONING: (C9-99-16) GUERRO - FIRST AVENUE, RX-1 TO C-2, ORDINANCE ADOPTION
(a) Report from City Manager JAN8-01-21 WIII
(b) Request to rezone property on the east side of First Avenue between the Rillito River and the Rillito Racetrack Park. Applicant: Jean Armstrong of Walbert Baker Associates. The development plan is for 62,000 square feet of office buildings in seven (7) one-story buildings and associated parking lots with a total of 323 parking spaces on 6.48 acres. The Development Services Department reports that all conditions of rezoning have been met. The Planning Department recommends adoption of the ordinance presented. The City Manager recommends adoption of the ordinance presented.
(c) Ordinance No. 9506 relating to zoning: Amending zoning district boundaries in the area located on the east side of First Avenue between the Rillito River and the Rillito Racetrack Park in Case C9-99-16, Guerro - First Avenue, RX-1 to C-2 (Ward 3).
Two (2) written approvals and zero written protests have been received for this case.
A simple majority vote will be necessary to adopt the ordinance presented.
11. ZONING: (C9-00-33) PEPPER-VINER - DOS HOMBRES, SR TO R-1, ZONING EXAMINER'S REPORT
(a) Report from City Manager JAN8-01-22 WII
(b) Report from Zoning Examiner dated December 22, 2000
(c) Request to rezone approximately 1.96 acres from SR to R-1 zoning. Applicant: Pepper-Viner Investment Company. The preliminary development plan proposes a seven-lot single family subdivision for a density of 3.57 unites per acre. The Planning Department and the Zoning Examiner recommend approval of R-1 zoning. 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 and approved in accordance with Section 4.1.1 of the LUC, including, but not limited to:
a. Lots on the southern side of the interior street shall be one-story, not to exceed seventeen and a half (17.5) feet to the highest point other than chimneys.
b. Ten (10) feet of landscaping along the north and east boundary lines along Dos Hombres Road and Desert Arbors Street.
c. A masonry wall at least five (5) feet in height along all four boundaries except at the point of ingress/egress to be installed before the occupancy of any residence.
2. A drainage report shall be submitted and approved, addressing retention/detention calculations/requirements. Provision of the two (2) year threshold retention shall be required unless waived by the City Engineer.
3. The owner/developer shall provide a drainage easement along the south right-of-way line of Desert Arbors Street to accommodate a storm drain system that can convey 220 cfs of discharge to the channel at the northwest corner of the parcel.
4. Any native vegetation along Udall Park Wash shall be preserved or mitigated if disturbed.
5. A minimum ten (10) foot wide landscape buffer with canopy trees shall be provided adjacent to the street right-of-ways.
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.) and include trees or shrubs in the voids created by the variations.
7. All residences and perimeter walls shall be earth tone.
8. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.
9. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.
10. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.
11. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.
12. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
13. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.
Two written approvals and two written protests have been received. The two protests are within the 150 foot area, representing a 9.13 percent protest by area to the north, a 2.62 percent protest by area to the west, and a zero percent to the south and east.
A simple majority vote will be necessary to adopt the ordinance rezoning the subject property once the conditions of rezoning are met.
12. PUBLIC HEARING: ZONING (C9-95-15) TUCSON MEDICAL CENTER - GLENN STREET, R-1 TO P, RETROACTIVE TIME EXTENSION
- Report from City Manager JAN8-01-20 WII
(b) Hearing on a request for a retroactive time extension for the completion of rezoning conditions for the property located at the southeast corner of Glenn Street and Wyatt Street. Applicant: Anne Warner of Planning Resources, on behalf of the property owners Tucson Medical Center. The preliminary development plan is for a 2.6 acre surface parking lot. The original five-year authorization expired on September 5, 2000. The Planning Department recommends approval of a five-year time extension from September 5, 2000 to September 5, 2005, subject to certain revised conditions. The City Manager recommends the Mayor and Council approve a five-year time extension from September 5, 2000, to September 5, 2005, subject to the following conditions. (Added or amended conditions are noted in the left margin. Within the condition new text is underscored, deleted text is
1. A development plan in substantial compliance with the preliminary development plan, submitted and approved in accordance with Section 5.3.8 of the Tucson Land Use Code, including but not limited to:
a. No vehicular access to Glenn Street.
b. Lighting to be shielded and directed away from adjacent residential areas.
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.
Amended 3. Compliance
Five years to comply with all Code requirements and conditions of rezoning by September 5, 2005.
Added 4. Trail improvements along the Arcadia and Alamo Washes including a five- to eight-foot wide (as space allows) stabilized decomposed granite walking path and a striped pedestrian crossing at Glenn Street. Pedestrian crossing shall not be required unless it meets Department of Transportation warrants.
Added 5. Existing landscaping adjacent to the Arcadia and Alamo Washes shall be augmented with one canopy tree for every 40 linear feet. Trees may be grouped or placed individually for aesthetic effect.
Added 6. A drainage statement addressing/including detention and retention calculations as provided by Engineering Floodplain staff.
Added 7. In lieu fees of $43 per linear foot for 17 feet of pavement, curb and sidewalk along the Glenn Street frontage.
Added 8. Dedication of right-of-way, per the MS&R, along Glenn Street, as required.
Zero written approvals and zero written protests have been received in this case.
A simple majority vote of the Mayor and Council will be necessary to approve the time extension and adopt an ordinance, should one be presented in the future.
13. PUBLIC HEARING: ARROYO CHICO AREA PLAN AMENDMENT, NORTHEAST CORNER OF KINO PARKWAY AND FOURTEENTH STREET - HEAVY INDUSTRIAL USE
(a) Report from City Manager JAN8-01-29 WV
(b) Hearing for a proposed amendment to the Arroyo Chico Area Plan. The applicant is Tim Baron, Baron Foods General Manager. The amendment site is located at the northeast corner of Kino Parkway and Fourteenth Street on the edge of an established light industrial/commercial area. The proposed amendment would allow for heavy industrial use at 345 South Kino Parkway for the manufacture of perishable goods, to produce and distribute cooked deli meats and sausage. The applicant proposes a 3,849 square foot addition to an existing non-conforming light industrial use.
(c) Resolution No. 18822 relating to planning and zoning; amending the Arroyo Chico Area Plan, Industrial Area 2, Industrial Policy 4 and Industrial Map Area 2 at the northeast corner of Kino Parkway and Fourteenth Street to allow Heavy Industrial use; and declaring an emergency.
The City Manager recommends that the Mayor and Council adopt the proposed amendment to the Arroyo Chico Area Plan.
14. PUBLIC HEARING: FEDERAL TRANSIT ADMINISTRATION SECTION 5307 CAPITAL GRANT APPLICATION
(a) Report from City Manager JAN8-01-12 CITY-WIDE
(c) Resolution No. 18812 relating to transportation; authorizing and approving the submission of a Federal Transit Administration Section 5307 Capital Grant application for Fiscal Year 2000/01.
15. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
- Report from City Manager JAN8-01-5 CITY-WIDE
16. CALL TO THE AUDIENCE, for persons desiring to speak.
The next scheduled meeting of the Mayor and Council will be held on Monday, January 22, 2001, at 7:30 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.