Mayor & Council
Study Session and Regular Agenda
for

MAYOR AND COUNCIL
STUDY SESSION AGENDA

DECEMBER 8, 1997
1:30 P.M.
CITY HALL
255 WEST ALAMEDA
TUCSON, ARIZONA

ESTIMATED DURATION	TOPICS	COMMENTS
15 mins.	1. Executive Session - Telecommunications State Wide Model (City-Wide) SS/DEC8-97-625	DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEYS FOR THE CITY OF TUCSON PURSUANT TO A.R.S. 38-431.03 (A) (3)
5 mins.	2. Mayor and Council Discussion of Regular Agenda SS/DEC8-97-628
30 mins.	3. JobPath Pilot Job Training Program (City-Wide) SS/DEC8-97-631	REPORT/DISCUSSION
15 mins.	4. Revised Economic Development Strategy and Integration Plan (City-Wide) SS/DEC8-97-626	REPORT/RECOMMENDATION
15 mins.	5. Industrial Development Authority of the City of Tucson (City-Wide) SS/DEC8-97-623	REPORT/DISCUSSION
15 mins.	6. Animal Control Ordinance Regarding Requirements for Pet Shops (City-Wide) SS/DEC8-97-627	REPORT/DISCUSSION
5 mins.	7. Mayor and Council Subcommittees Status Reports (City-Wide) SS/DEC8-97-622
5 mins.	8. Mayor and Council Discussion of Future Agendas SS/DEC8-97-629
5 mins.	9. Boards, Committees and Commissions SS/DEC8-97-624
FOR INFORMATION ONLY	10. Administrative Action Report & Summary - SS/DEC8-97-630

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Reverend Jack D. Clemenson, Old Pueblo Unity Church

PLEDGE OF ALLEGIANCE - led by representatives from the Southern Arizona Council of Camp Fire Boys and Girls Club #4

3. CONSENT AGENDA - ITEMS A THROUGH B

FOR COMPLETE DESCRIPTION OF ITEMS
SEE 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. ZONING: (C9-97-18) A-C INVESTMENT COMPANY - AJO WAY, R-1 TO C-2 AND C-3

(a) Report from City Manager DEC8-97-764 WV

(b) Report from Zoning Examiner dated November 7, 1997

(c) Request to rezone approximately 8.79 acres located southeast of the intersection of Interstate 10 off-ramp and Ajo Way. Applicant: Frank Cassidy, attorney for W. N. Grace Development Company, on behalf of the property owners, A-C Investment Company. The preliminary development plan is for a 160-room four-story hotel and a retail, financial, office or restaurant pad in the southern 3.77 acres adjacent to I-10; and a convenience market/fuel sales facility and two restaurant, retail, or office pads in the northern 5.01 acres adjacent to Ajo Way. The Planning Department and the Zoning Examiner recommend approval of C-2 zoning for the west 200 feet of the northern 5.01 acres which includes pad A; C-1 zoning for the remainder of the northern 5.01 acres which includes pads B and C; and C-3 zoning for the southern 3.77 acres of the rezoning site which includes pads D and E, subject to certain conditions. The City Manager recommends approval of C-2, C-1 and C-3 zoning as recommended by the Zoning Examiner, subject to the following conditions.

1. A development plan, in substantial compliance with the preliminary development plan, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to:
a. A use transition such as the parking area shown on the submitted concept plan between the Tucson Diversion Channel linear park and the hotel.

b. A landscaped pedestrian connection to the linear park from the hotel site.

2. The owner/applicant shall dedicate a 25-foot radius spandrel at the northwest corner of the site.

3. The owner/applicant shall dedicate a well site in the northeast corner of the project to the City of Tucson. Size and final location to be determined by the requirements of the Tucson Water Department.

4. Any required or proposed masonry screen walls visible from a public street shall be constructed of, or painted with, graffiti-resistant materials and 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. Enhance the visual appearance of any continuous wall greater than 75 feet in length and 3 feet in height that is visible from a public street, by varying the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

5. A drainage report shall be submitted and approved, including details of retention/detention.

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

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

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

Two (2) written approvals and zero (0) written protests have been received. One (1) approval is within the 150 foot notification area.

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

5. TUCSON CODE: AMENDING (CHAPTER 4) ANIMALS AND FOWL BY UPDATING PROVISIONS RELATING TO ANIMAL CONTROL

(a) Report from City Manager DEC8-97-766 CITY WIDE

(b) Ordinance No. 8996 relating to animals and fowl; increasing maximum fines to two thousand five hundred dollars; deleting the one thousand dollar cap on restitution; defining animal, fowl and wild animal; authorizing the removal and impoundment of animals that are in distress, endangered, or vicious or destructive; providing for notice of order to show cause procedures for the forfeiture of animals that are in distress, endangered, or vicious or destructive; providing for the posting of a bond pending outcome of order to show cause hearing; providing for order to show cause hearings before magistrates and Special Magistrates to determine if an animal should be forfeited; providing for Magistrates and Special Magistrates to order forfeiture of animals that are found to be, by a preponderance of evidence, in distress, endangered, or vicious or destructive; providing for appeal of MagistrateÆs and Special MagistrateÆs order by way of special action to the Superior Court; providing for posting of bond in order to perfect appeal; preventing access to wild animals by non-authorized persons; amending the Tucson Code Chapter 4 Article I by amending Section 4-3(5); deleting Section 4-7, adding new Section 4-7; amending Sections 4-9, 4-10, and 4-11; deleting Section 4-12 and adding a new Section 4-12; amending the Tucson Code Chapter 4 Article II by amending Sections 4-25 and 4-30; and amending the Tucson Code Chapter 4 Article III by amending Section 4-45.

6. TUCSON CODE: ADDING CHAPTERS 7C AND 7D RELATING TO COMPETITIVE TELECOMMUNICATIONS PROVIDING FOR IMPOSITION OF RENTAL FEES FOR USE OF CITY RIGHTS-OF-WAY AND PROVIDING FOR THE REGISTRATION OF LOCATION AND RELOCATION OF FACILITIES IN RIGHTS-OF-WAY; AND AMENDING CHAPTER 19 LICENSES AND PRIVILEGE TAXES CHANGING THE UTILITY TAX ON TELECOMMUNICATION PROVIDERS TO 3»% OF GROSS REVENUES

(a) Report from City Manager DEC8-97-768 CITY WIDE

(b) Ordinance No. 8997 relating to telecommunications; providing for the imposition and collection of right-of-way fees on providers of telecommunications services and providing for location and relocation of facilities in rights-of-way; amending the Tucson Code by adding new Chapters 7C and 7D thereto.

(c) Ordinance No. 8998 relating to public utility tax; amending Sections 19-700 and 19 1070 of the Tucson Code.

7. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager DEC8-97-765 CITY WIDE

8. CALL TO THE AUDIENCE, for persons desiring to speak.

9. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, December 15, 1997, at 2:00 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

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