*ALSO ON REGULAR AGENDA
FOR INFORMATION ONLY
MAYOR AND COUNCIL REGULAR AGENDA
MONDAY, MARCH 25, 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 Allen Franzke, Desert Valley 7th Day Adventist Church
PLEDGE OF ALLEGIANCE - Led by Girl Scout Troop 234
3. CITY MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
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 H
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
(b) LIQUOR LICENSE APPLICATION(S)
(1) GREEN FROG RESTAURANT Staff Recommendation
509 N. 4th Avenue
Applicant: Miroslav Urban Police: DENIED
City #013-02, located in Ward 6 Planning: In Compliance
Series #12 Business License: In Compliance
Action must be taken by: April 1, 2002
Public Opinion: PROTEST FILED
(2) SUNRISE OIL #4 Staff Recommendation
1850 E. Prince Road
Applicant: Fidel E. Rodriguez Police: In Compliance
City #014-02, located in Ward 3 Planning: In Compliance
Series #10 Business License: DENIED
Action must be taken by: April 7, 2002 (TAXES DUE AND UNPAID)
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)
(3) TIKI BOB'S CANTINA Staff Recommendation
296 N. Stone Avenue
Applicant: Randy D. Nations Police: DENIED
City #011-02, located in Ward 6 Planning: In Compliance
Series #6 Business License: In Compliance
Action must be taken by: March 26, 2002
(CONTINUED FROM THE MAYOR AND COUNCIL MEETING OF MARCH 18, 2002)
NOTE: For a person to person transfer, 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) CASA (COURT APPOINTED Staff Recommendation
ADVOCATES FOR CHILDREN)
5151 E. Grant Road
Applicant: Roberta J. Falbaum Police: In Compliance
City #T023-02, located in Ward 2 Planning: In Compliance
Date of Event: April 13, 2002
(2) TUCSON BREAKFAST LIONS CLUB Staff Recommendation
4823 S. 6th Avenue
Applicant: Raymond J. McKee Police: In Compliance
City #T027-02, located in Ward 5 Planning: In Compliance
Date of Event: April 5, 2002 Parks & Recreation: In Compliance
April 6, 2002
(3) SOUTH TUCSON LIONS . Staff Recommendation
4823 S. 6th Avenue
Applicant: Fernando Acevedo Police: In Compliance
City #T028-02, located in Ward 5 Planning: In Compliance
Date of Event: March 31, 2002 Parks & Recreation: In Compliance
(d) Extension of Premises
(1) OLD CHICAGO Staff Recommendation
2960 N. Campbell Avenue
Applicant: John A. Coletta Police: In Compliance
City #EP07-02, located in Ward 3 Planning: In Compliance
Type: Temporary Extension
Date of Event: April 13, 2002
(2) KICKSTART GRILL Staff Recommendation
8987 E. Tanque Verde Road
Applicant: John W. Fahlberg Police: In Compliance
City #EP10-02, located in Ward 2 Planning: In Compliance
Type: Temporary Extension
Date of Event: April 5, 2002
May 3, 2002
The City Manager recommends that the Mayor and Council approve and authorize the resolution for the execution and delivery of the sublease agreement between the District and City of Tucson for the sublease of the TCC and the execution and delivery of other documents relating to the 2002 Certificates as reflected in the attached resolution.
8. ZONING: (C9-00-26) GORMALLY - GRANT ROAD, R-1 TO O-1, ORDINANCE ADOPTION
Three written approvals and three written protests have been received for this case. Two of the protests lie within the 150 foot protest area resulting in a protest by area of 17.08 percent to the west, 4.21 percent to the south, and zero percent to the north and east.
A simple majority vote will be necessary to adopt the ordinance.
9. ZONING: (HPZ 01-34) APPEAL OF THE PLANNING DIRECTOR'S DECISION - KEMMERLY COMPANIES, 824 N. SECOND AVENUE
(a) Report from City Manager MARCH25-02-173 WVI
(b) An appeal of the Planning Director's decision of January 17, 2002, granting conditional approval to build frame and stucco construction consisting of 23 units of new single family, duplex and condominium development finding that the exterior design complied with established design criteria. On January 24, 2002, an appeal was filed by the West University Neighborhood Association, Inc., and an appeal was filed by the West University Historic Zone Advisory Board on January 30, 2002. The appeals were filed on the basis of contending that the building materials should be masonry and stucco.
The City Manager recommends that the Planning Director's decision be upheld.
10. ZONING: (C9-01-23) PEPPER-VINER - SPEEDWAY BOULEVARD, RX-1 TO R-1, ZONING EXAMINER'S REPORT (CONTINUED FROM THE MEETING OF FEBRUARY 25, 2002)
(a) Report from City Manager MARCH25-02-174 WII
11. PUBLIC HEARING: ZONING (C9-00-21) BROADWAY HARRISON LLC - HARRISON ROAD, SR TO R-2, CHANGE OF CONDITIONS AND PRELIMINARY DEVELOPMENT PLAN
The City Manager recommends approval of the requested change of conditions and preliminary development plan, and R-1 zoning in lieu of the authorized R-2 zoning, subject to certain conditions.
Revised recommended conditions based on the requested change of preliminary development plan are provided below. Within the text of the conditions, deleted text is
1. A development plan, in substantial compliance with the Preliminary Development Plan (labeled "Exhibit II.F.1"), Design Compatibility Report and Environmental Resource Report, shall be submitted for review and approval in accordance with Section 5.3.8 of the LUC, including, but not limited to:
a. A maximum building height of twenty-two (22) feet with varied rooflines.
b. Rooftop equipment shall be screened from view using parapet walls or similar treatments.
c. Any structure within fifty (50) feet of the north boundary shall be restricted to one (1) story.
d. Balconies on the north row of structures shall be oriented to preserve the privacy of the residential area to the north. North facing windows within sixty (60) feet of the north property line shall have a minimum sill height of sixty (60) inches.
2. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along Harrison Road as required.
3. The owner/developer shall widen Harrison Road at the proposed access opening to provide for a southbound deceleration lane.
4. The access opening to the proposed development shall align with the existing access opening of the development on the opposite side of Harrison Road.
5. A Category I Traffic Impact Study shall be provided to include the impacts of the site at the access drive opening at Harrison Road and at the intersection of Broadway and Harrison Road.
6. In lieu fees shall be required to cover the cost of seventeen (17) feet of pavement, curb, and sidewalk along the entire Harrison Road frontage of the project.
7. A drainage report shall be submitted for review and approval, including retention/detention calculations/requirements and a detailed hydrology/hydraulics report for Hidden Hills Wash.
8. The drainage easement along the south property line shall include an access/maintenance easement acceptable to the City Engineer.
9. The fifty (50) foot resource area along Hidden Hills Wash shall be set aside and preserved with no masonry walls constructed within it.
11. The retention/detention area shall be revegetated for use as a recreational area.
12. Water harvesting techniques shall be utilized by conveying rooftop, parking area access lane (PAAL), and parking area drainage to designated water harvesting areas.
13. A minimum ten (10) foot wide landscape buffer with canopy trees shall be provided adjacent to the street right-of-ways and along the north property line.
14. 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.
15. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible.
17. 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. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.
18. All areas identified as natural or undisturbed open space shall be fenced off and protected prior to any on-site development activity.
19. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.
20. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.
21. All transplantable trees and cacti that cannot be preserved in place shall be used to revegetate the denuded areas along Hidden Hills Wash.
22. "Safe by Design" concepts shall be incorporated in the development plan for review by the Tucson Police Department.
23. 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. If the street cross-section does not allow parking on at least one side of the street, a minimum of eight (8) off street guest parking shall be provided.
27. 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.
Three (3) written approvals and 14 written protests have been received. Four (4) of the protests are within the 150 foot area, representing a 7.97 percent protest by area to the north, a 7.30 percent protest by area to the west, and zero percent by area to the south and east.
A simple majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.
12. PUBLIC HEARING: ZONING (Co9-85-100) LA CIENEGA - SWAN ROAD, C-1, CHANGE OF CONDITIONS - ORDINANCE ADOPTION
(a) Report from City Manager MARCH25-02-166 WII
The approvals and protests from the 1985 County rezoning case are not available. The protest calculation has legal significance only for rezoning ordinances, it does not apply to this request for a change of conditions.
A simple majority vote of the Mayor and Countil will be necessary to approve the proposed changes and adopt the ordinance.
13. PUBLIC HEARING: CITY OF TUCSON AND PIMA COUNTY CONSORTIUM DRAFT PUBLIC HOUSING AGENCY PLAN
14. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
(a) Report from City Manager MARCH25-02-158 CITY-WIDE
15. 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."
The next scheduled meeting of the Mayor and Council will be held on Monday, April 1, 2002, at 2:00 p.m. in the Mayor and Council Chambers, 255 W. Alameda, Tucson, Arizona.
A. AGREEMENT: WITH THE U.S. ARMY CORPS OF ENGINEERS RELATING TO PLANNING ENVIRONMENTAL ASSISTANCE
(1) Report from City Manager MARCH25-02-169 CITY-WIDE
C. INTERGOVERNMENTAL AGREEMENT: WITH THE ARIZONA STATE LAND DEPARTMENT FOR RECIPROCAL WILDLAND FIREFIGHTING SERVICES
D. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FOR SEWER BILLING SERVICES, FISCAL YEARS 2002 THROUGH 2005
(1) Report from City Manager MARCH25-02-167 CITY-WIDE and OUTSIDE CITY
(2) Resolution No. 19158 relating to water; authorizing and approving the intergovernmental agreement with Pima County for sewer billing services; and declaring an emergency.
E. FINANCE: CONTINGENCY FUND TRANSFER TO VOICES, COMMUNITY STORIES PAST AND PRESENT, INC.
This is a request by Council Member Ronstadt. Allocation of funds is as follows: Council Member Ronstadt - $2,000.
F. ASSURANCE AGREEMENT: (S01-008) LA VILLA AT VISTA DEL RIO SUBDIVISION, LOTS 31 - 37 AND COMMON AREAS "A" & "B"
G. FINAL PLAT: (S01-008) LA VILLA AT VISTA DEL RIO SUBDIVISION, LOTS 31 - 37 AND COMMON AREAS "A" & "B"
H. AGREEMENT: RECLAIMED WATER AGREEMENT FOR COOLING TOWERS AT THE UNIVERSITY OF ARIZONA
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