Mayor and Council Past Agendas

MAYOR AND COUNCIL STUDY SESSION AGENDA

Mayor and Council
Study Session Agenda

MAYOR AND COUNCIL CHAMBERS - CITY HALL, 255 W. ALAMEDA
FEBRUARY 11, 2002
***12:00 P.M.***

MAYOR AND COUNCIL REGULAR AGENDA

REGULAR MEETING

MONDAY, February 11th, 2002 - 7:30 P.M.
MAYOR AND COUNCIL CHAMBERS
(CITY HALL, 255 WEST ALAMEDA, TUCSON, ARIZONA)

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Marvis Rodrigues, Community Church of Religious Science

PLEDGE OF ALLEGIANCE - Led by Cadet Girls Troop 691

3. CITY MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS

(a) Report from City Manager FEB11-02-78 CITY-WIDE

4. CALL TO THE AUDIENCE:

At this time, any member of the public is allowed to address the Mayor and City Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the City Manager to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "call to the audience."

5. CONSENT AGENDA - ITEMS A THROUGH I

FOR 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.

6. LIQUOR LICENSE APPLICATIONS

(a) Report from City Manager FEB11-02-77

(b) LIQUOR LICENSE APPLICATION(S)

New License(s)

(1) GREAT CHINA SUPER BUFFET Staff Recommendation
6343 E. 22nd Street #141
Applicant: Qi Wang Police: In Compliance
City #139-01, located in Ward 4 Planning: In Compliance
Series #12 Business License: In Compliance
Action must be taken by: February 18, 2002
NOTE: State law provides that a new license, "In all proceedings before the governing body of a…city the applicant bears the burden of showing that the public convenience requires and that the best interest of community will be substantially served by the issuance of a license". (A.R.S. Section 4-201)

Person Transfer(s)

(2) NOVEMBER BAR N GRILL Staff Recommendation
4001 N. Romero Road
Applicant: Rosalinda M. Largent Police: In Compliance
City #138-01, located in Ward 1 Planning: In Compliance
Series #6 Business License: In Compliance
Action must be taken by: February 18, 2002
Public Opinion: PROTEST FILED
NOTE: For a person to person transfer of a number six license, the State Liquor Board will not hold a hearing to consider a protest of location or permit testimony against the location at a hearing scheduled to evaluate the personal qualification of the applicant.

(c) Special Event(s)

(1) NORTH FOURTH AVENUE MERCHANTS ASSOCIATION Staff Recommendation
Fourth Avenue, 9th St. to University Blvd. Police: In Compliance
(Fund Raiser Civic Event) Planning: In Compliance
Applicant: Daniel G. Matlick
City #T004-02, located in Ward 6
Date of Event: March 22, 2002
March 23, 2002
March 24, 2002

(2) THE MUSEUM OF CONTEMPORARY ART Staff Recommendation
191 E. Toole Avenue Police: In Compliance
(Fund Raiser) Planning: In Compliance
Applicant: Elizabeth K. Cherry
City #T010-02, located in Ward 6
Date of Event: February 23, 2002

(3) DAILY PLANET PUBLISHING, DBA: EARTH FIRST!JOURNAL Staff Recommendation 191 E. Toole Avenue Police: In Compliance
(Concert) Planning: In Compliance
Applicant: Megan A. Southern
City #T009-02, located in Ward 6
Date of Event: February 19, 2002

ADDED(4)AZ HISTORICAL SOCIETY (EDUCATION DEPARTMENT) Staff Recommendation
949 E. 2nd Street Police: In Compliance
(Fund Raiser) Planning: In Compliance
Applicant: Joseph R. Alvarez
City #T014-02, located in Ward 6
Date of Event: February 22, 2002

7. CITY MAGISTRATE: APPOINTMENT OF CITY MAGISTRATE

(a) Report from City Manager FEB11-02-86 CITY-WIDE

(b) Ordinance No 9671 relating to city magistrates; appointing Kate Dawes City Magistrate of the City of Tucson; fixing compensation and declaring an emergency.

8. ZONING: (C9-01-30) SUMMITT DEVELOPMENT - ALVERNON WAY, SR TO R-1 AND C-1, ZONING EXAMINER'S REPORT

(a) Report from City Manager FEB11-02-82 WII

(b) Report from Zoning Examiner dated January 18, 2002

(c) Request to rezone approximately ten acres of property from SR to R-1 and approximately nine acres from SR to C-1. The rezoning site is located east of the Alvernon Way alignment, between Kleindale Road and the Rillito Wash. Applicant: The Planning Center on behalf of the property owners Summitt Development. The preliminary development plan is for 46 single-family residences on ten acres and approximately 91,000 square feet of retail and office space on nine acres. The Zoning Examiner recommends approval of R-1 and C-1 zoning. The City Manager recommends approval of the request subject to the following conditions:

1. A development plan and 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 5.3.8. of the Land Use Code.

2. The local street cross-section within the subdivision shall be designed to accommodate on-street parking on one or both sides of the street.

3. The location of any "No Parking" signs shall be disclosed by a note on the final plat and shall be shown on the tentative plat.

4. Dedication of, or verification of the existence of, the following rights-of-way:

a) Alvernon Way - per the Major Streets and Routes (MS&R) Plan map (or as required by Pima County or the Alvernon Way extension project, whichever is greater), including applicable intersection widening and additional right-of-way for drainage improvements.

b) New east-west collector road - as required to accommodate the approved cross-section per the approved traffic study for the project. The alignment must be coordinated with properties to the east of the subject rezoning site and with Pima County for the future Alvernon Way median island openings and geometrics.

c) Kleindale Road - as required to accommodate the north side curb and sidewalk.

d) Thirty (30) foot radius spandrels at the intersection of Alvernon Way and the new spine road.

5. Installation of the following infrastructure improvements:

a) New east-west collector road. The alignment and funding commitments must be coordinated with properties to the east of the subject rezoning site and with Pima County for the future Alvernon Way median island openings and geometrics.

b) A northbound right-turn deceleration lane shall be provided on Alvernon Way at the intersection at Alvernon Way and the new spine road. Two westbound departure lanes from new spine road at Alvernon Way, each with a minimum storage length of 200 feet. All entrances into the nonresidential area from the new spine road shall have left turn bays.

c) A 100 year capacity reinforced concrete box culvert (RCBC) at the Alvernon Wash to accommodate the new spine road.

d) A 100 year capacity reinforced concrete box culvert (RCBC) at the Walnut Wash to accommodate the new spine road.

e) Install and/or participate in the cost of roadway improvements to Alvernon Way as per Pima County's improvement plans for the Alvernon Way Extension. The contribution for these roadway improvements will be capped at a maximum of $85 per linear foot of the west property line.

f) Install and/or participate in the cost of drainage improvements to Alvernon Wash as per Pima County's improvement plans for the Alvernon Way Extension. The owner/developer of the project will make a fair share contribution for any longitudinal improvements to the Alvernon Wash, only to the extent that the County requires the City to reimburse them for said improvements.

6. Shared vehicular and pedestrian access over the entire non-residential portion of the project.

7. A Master Drainage Report shall be submitted and approved, including retention/detention calculations/requirements.

8. Water harvesting techniques shall be utilized by conveying all roof runoff into landscape areas in the residential portion, prior to discharging in the retention area(s) or adjacent washes.

9. In the commercial/office areas, water harvesting techniques shall be implemented by first directing both parking area and roof runoff into landscape areas, then collecting the overflow in the drainage system terminating in the Rillito Creek.

10. Prior to any construction on the site, a Floodplain Map Revision report to the Engineering Division must be prepared and submitted for approval. This map must be accompanied by a Floodplain Use Permit (FUP) to construct engineered fill which will remove this site from the Federal Emergency Management Association (FEMA) floodplain. The approved Map Revision request report shall be submitted to and acknowledged by FEMA prior to obtaining approval of the final plat. Construction shall not commence prior to the issuance date of the Letter of Map Revision (LOMR) by FEMA. No Certificates of Occupancy or Lot Releases will be issued until the final Letter of Map Revision (LOMR) has been approved by FEMA.

11. Provide a twenty (20) foot wide easement for access and maintenance purposes along the Walnut Wash (if found to be in excess of 100 cfs) and the Alvernon Wash. A portion of this area may be landscaped and used for water harvesting.

12. Linear park dedications and trail improvements shall be subject to an agreement between the owner/developer and both Pima County and City of Tucson Parks and Recreation or as follows:

a) A one hundred (100) foot wide linear park area measured from the top of the bank of the Rillito Creek shall be set aside and dedicated to the public. The owner/developer shall construct the segment of the Rillito River Park adjacent to the site. The segment shall include a fourteen (14)-foot wide asphaltic path, an eight (8)-foot wide, meandering trail composed of stabilized, decomposed granite located parallel to the asphaltic path, a minimum twelve (12)-foot landscape buffer between the asphaltic path and the meandering trail, and the installation of native landscaping all built to Pima County/City of Tucson Riverpark specifications.

b) The owner/developer shall install a landscaped ten foot wide compacted decomposed granite pedestrian trail within and dedicate a twenty five (25) foot wide public access easement on at least one side of both the Alvernon Wash and the Walnut Wash. The pathways shall connect the Rillito River Park Kleindale Road. The specific design of the trail including paving, trail placement, signage, maintenance, fencing, and lighting restrictions shall be approved by the Tucson Parks and Recreation Department. No walls shall be constructed within this area.

13. Subject to approval by the Department of Transportation Neighborhood Traffic Management Program, Kleindale Road shall be closed prior to occupancy of any residential or commercial development within the rezoning site but not prior to completion of the vehicular connection to Alvernon Way via the new spine road.

14. A minimum ten foot wide landscape buffer with canopy trees shall be provided adjacent to street rights-of-way along Alvernon Way and the new east-west connector street.

15. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. These screen walls 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.

16. Any continuous wall greater than 75 feet in length and 3 feet in height visible from the public right-of-way shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

17. All outdoor pole and building lighting within the nonresidential area shall be directed down and away from the River Park and residentially zoned or developed property and mounted no higher than 16 feet, measured to the light source.

18. All new dumpsters and loading spaces shall be placed at least fifty (50) feet from residentially zoned or developed property.

19. If archaeological features are found during project construction, testing and data recovery will be completed as needed. Copies of testing plans, testing reports, data recovery plans and final reports shall be submitted to and approved by the City Historic Preservation Office prior to construction work commencing. If, during construction, human remains and associated burial items are discovered, ground disturbing activities in the vicinity of the discovery will cease, the discovery site will be secured, and the Arizona State Museum will be immediately notified as required under A. R. S. 41-865.

20. All open space, landscape areas, and detention/retention areas located in proposed residentially zoned areas, shall be designated as common area and maintained by the homeowners association.

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

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

23. The rezoning site shall be subject to the requirements of the City of Tucson Landfill Ordinance No. 8852.

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

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

26. The Alvernon Way extension, or an acceptable alternative, up to the intersection with the new spine road, and the new spine road, must be completed prior to issuance of building permits for development within the rezoning site.

27. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.

Zero written approvals and zero written protests have been received.

A simple majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

9. ZONING: (C9-01-29) TMM FAMILY SERVICES - 22ND STREET, R-1 TO P, ZONING EXAMINER'S REPORT

(a) Report from City Manager FEB11-02-83 WV

(b) Report from Zoning Examiner dated January 18, 2002

(c) Request to rezone approximately 0.31 acres of property located on the north side of 23rd Street, approximately 430 feet west of Country Club Road from R-1 to P zoning. Applicant: Anne Warner of Planning Resources on behalf of the property owners Reverend Don Strauch and TMM Family Services. The preliminary development plan is for additional parking for an existing retail and wholesale building supply business. The Zoning Examiner recommends approval of P zoning. The City Manager recommends approval of the request subject to the following conditions:

1. A development plan, in substantial compliance with the preliminary development plan and Design Compatibility Report, is to be submitted and approved in accordance with Section 5.3.8. et. seq of the LUC.

2. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along 23rd Street, as required.

3. Curb and sidewalk are required along the 23rd Street frontage.

4. Vehicular access to 23rd Street is prohibited, including from the adjacent, existing parking area, except for emergency and fire access only.

5. Any existing access to 23rd Street must be closed and gated, and restricted to emergency and fire access only. The access gate shall be opaque and painted to match the adjacent wall color.

6. A drainage report shall be submitted and approved, including retention/detention calculations/requirements.

7. Water harvesting techniques shall be utilized by conveying all rooftop, parking area access lane (PAAL), and parking area drainage to designated water harvesting areas.

8. Alteration of existing drainage patterns on and adjacent to the site is prohibited.

9. Construction of any structure that would create a barrier within the drainage flow path is prohibited.

10. A minimum ten (10) foot wide landscape buffer including canopy trees shall be provided adjacent to the street right-of-way along 23rd Street.

11. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. These screen walls 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.

12. Any continuous wall greater than 75 feet in length and 3 feet in height visible from the public right-of-way shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

13. Low level lighting no higher than forty-eight (48) inches shall be used and shall be directed down and away from residential parcels and public roadways.

14. All new dumpsters and loading spaces shall be placed at least fifty (50) feet from residentially zoned or developed property.

15. If archaeological features are found during project construction, testing and data recovery will be completed as needed. Copies of testing plans, testing reports, data recovery plans and final reports shall be submitted to and approved by the City Historic Preservation Office prior to construction work commencing. If, during construction, human remains and associated burial items are discovered, ground disturbing activities in the vicinity of the discovery will cease, the discovery site will be secured, and the Arizona State Museum will be immediately notified as required under A. R. S. 41-865.

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

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

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

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

20. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.

Three written approvals and zero written protests have been received.

A simple majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

AMENDED 10. REVISED INTERGOVERNMENTAL AGREEMENT AMENDMENT: WITH PIMA COUNTY FOR THE STARR PASS RESORT ANNEXATION DISTRICT

(a) Report from City Manager FEB11-02-91(2) WI

ADDED (b) Resolution No. 19120 relating to intergovernmental agreements; approving and authorizing an intergovernmental agreement between the City of Tucson and Pima County relating to the annexation of the Starr Pass Resort; and declaring an emergency.

The City Manager recommends approval of the revised intergovernmental agreement between the City and Pima County.

11. ANNEXATION: STARR PASS RESORT ANNEXATION DISTRICT ORDINANCE ADOPTION (CONTINUED FROM THE MEETING OF FEBRUARY 4, 2002)

(a) Report from City Manager FEB11-02-89 WI

(b) Ordinance No. 9660 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 Section 18, T. 14 S., R. 13 E., G. & S. R. B. & M., Pima County, Arizona, more particularly described in the body of this ordinance; and declaring an emergency.

12. PUBLIC HEARING: ZONING (C15-02-01) ESTABLISHING ORIGINAL CITY ZONING FOR THE CITY STARR PASS RESORT ANNEXATION DISTRICT (CONTINUED FROM THE MEETING OF FEBRUARY 4, 2002)

(a) Report from City Manager FEB11-02-90 WI

(b) Hearing

(c) Ordinance No. 9670 relating to zoning; establishing original city zoning for approximately 58.1 acres generally located 1,000 feet northwest of the intersection of Starr Pass Boulevard and Players Club Drive, which was annexed to the City of Tucson by Ordinance No. 9660 adopted on February 11, 2002; and setting an effective date.

13. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager FEB11-02-76 CITY-WIDE

14. CALL TO THE AUDIENCE

At this time, any member of the public is allowed to address the Mayor and City Council on any issue. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the City Manager to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "call to the audience."

15. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, February 25, 2002, at 7:30 p.m. in the Mayor and Council Chambers, 255 W. Alameda, Tucson, Arizona.

MAYOR AND COUNCIL CONSENT AGENDA