Mayor & Council
Study Session and Regular Agenda
for

JANUARY 12, 1998
1:30 P.M.
MAYOR AND COUNCIL STUDY SESSION
CITY HALL
255 WEST ALAMEDA
TUCSON, ARIZONA

ESTIMATED DURATION	TOPICS	COMMENTS
20 mins.	1. Executive Session - AAU/Smith et al. v. City of Tucson et al. (City-Wide) SS/JAN12-98-14	DISCUSSION OR CONSULTATION WITH THE ATTORNEYS FOR THE CITY OF TUCSON IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE CITY OF TUCSON'S POSITION IN PENDING OR CONTEMPLATED LITIGATION PURSUANT TO A.R.S. 38.431.03(A) (4)
5 mins.	2. Mayor and Council Direction Regarding Executive Session - AAU/Smith et al. v. City of Tucson et al. (City-Wide) SS/JAN12-98-15	REPORT/RECOMMENDATION
10 mins.	3. Executive Session - Candelaria Becerra v. City of Tucson (City-Wide) (Continued from the Meeting of 1/5/98) SS/JAN12-98-16	DISCUSSION OR CONSULTATION WITH THE ATTORNEYS FOR THE CITY OF TUCSON IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE CITY OF TUCSON'S POSITION IN PENDING OR CONTEMPLATED LITIGATION PURSUANT TO A.R.S. 38.431.03(A) (4)
5 mins.	4. Mayor and Council Direction Regarding Executive Session - Candelaria Becerra v. City of Tucson (City-Wide) (Continued from the Meeting of 1/5/98) SS/JAN12-98-17	REPORT/RECOMMENDATION
5 mins.	5. Mayor and Council Discussion of Regular Agenda SS/JAN12-98-18
5 mins.	6. Request For Funds - Lame For A Game - Center For Disability Related Resources (City-Wide) SS/JAN12-98-24	REPORT/RECOMMENDATION
5 mins.	7. Request For Funds - Community Job Fair (City-Wide) SS/JAN12-98-23	REPORT/RECOMMENDATION
15 mins.	8. 1998 Colorado Rockies Spring Training Shuttle Operations; Paid Parking Issues; Parking Enforcement And Extension Of The Residential Parking Permit Program (Ward 6) SS/JAN12-98-27	REPORT/RECOMMENDATION
15 mins.	9. Watercourse Amenities, Safety and Habitat (W.A.S.H.) Ordinance Requirements for Alamo Wash North of Fort Lowell Ref: C9-97-21 (Ward 2) SS/JAN12-98-22	REPORT/RECOMMENDATION
15 mins.	10. Use of General Fund Surplus Land Sale Proceeds (City-Wide) SS/JAN12-98-25	REPORT/RECOMMENDATION
10 mins.	11. Citizens' Water Advisory Committee (City-Wide) SS/JAN12-98-26	REPORT/RECOMMENDATION
5 mins.	12. Mayor and Council Subcommittees Status Reports SS/JAN12-98-13
5 mins.	13. Mayor and Council Discussion of Future Agendas SS/JAN12-98-19
5 mins.	14. Boards, Committees and Commissions SS/JAN12-98-21

1.ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Reverend Mark Luera, Broadway Christian Church

PLEDGE OF ALLEGIANCE - led by Metropolitan Education CommissionÆs Youth Advisory Council - Tucson Teen Congress

3. CONSENT AGENDA

FOR A 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. AGREEMENT: WITH U.S. DEPARTMENT OF INTERIOR, BUREAU OF RECLAMATION, FOR COOPERATION IN A JOINT MANAGED EFFLUENT RECHARGE PROJECT IN THE SANTA CRUZ RIVER

(a)Report from City Manager JAN12-98-25 CITY WIDE

(b)Resolution No. 17911 relating to water; approving an agreement between the United States Department of Interior Bureau of Reclamation and the City of Tucson providing for cooperation in a joint managed recharge project.

5. PUBLIC HEARING: ZONING (C9-89-36) BENNETT - HOUGHTON ROAD, SR TO C-1, REQUEST FOR TWO-YEAR TIME EXTENSION

(a)Report from City Manager JAN12-98-28 WII

(b)Hearing for a two-year time extension for the completion of the rezoning conditions for the development of a 206,000 square foot shopping center on 26 acres located on the northeast corner of Broadway Boulevard and Houghton Road. Applicant: Planners Ink on behalf of the property owner, Bennett Properties Limited Partnership.

The City Manager recommends the Mayor and Council approve the requested two-year time extension to complete rezoning conditions from January 22, 1998, to January 22, 2000, subject to the following revised conditions and submittal of a development plan in compliance with all conditions and current code requirements.

MODIFY	1.	Submittal of a An approved development plan submitted for review and approval in accordance with Section 23-409 of the Tucson Code 5.3.8 of the LUC, in substantial compliance with the preliminary development plan presented to the Mayor and Council on November 9, 1989, including but not limited to:
MODIFY		a.	a six-foot masonry screen wall and canopy trees along the north, northeast, and east property lines (screen walls will not block the 100-year floodplain of the Coronado Ridge Wash). Canopy trees planted within the minimum ten-foot wide landscape buffer along the east property line adjacent to Silverado Hills Subdivision Block 3 will consist of mature trees, 4 inch caliper of or larger, transplanted from the site at a minimum of one tree per 20 linear feet; canopy trees planted along the north property line, per the landscape ordinance;
		b.	a three-foot-high screen wall along the south and west property boundaries where the proposed development is adjacent to residential property (screen walls will not block the 100-year floodplain of the Coronado Ridge Wash);
MODIFY		c.	a maximum building height as defined in the plan amendment of 35 feet for Anchors I, II, and III and connecting retail buildings (subject to Board of Adjustment variance); and 28 feet for all other buildings;
		d.	all lighting for the entire center to be low pressure sodium designed for safety which is shielded and directed away from adjacent areas. Light poles will not exceed 20 feet in height and will maintain a 20 foot setback from the north, northeast and east property lines;
		e.	limitation of two access points on Houghton Road and two on Broadway Boulevard;
		f.	a minimum of 23% of the rezoning site to remain as consolidated open space, which may include safety drainage improvements, as approved by the City Engineer. The grading and drainage plans will identify control limits for designated undisturbed areas which will be staked to prevent grading (with stakes to be connected);
		g.	the net number of salvageable trees and cacti along the wash and in the consolidated open space will not be diminished when compared to the natural site conditions and will be enhanced, wherever possible, to mitigate removal caused by construction. In consolidated open space areas, where it may be necessary to remove existing vegetation, these areas will be restored with the following mixture of plant materials per 4000 square feet of disturbed area; 6 trees (minimum 15 gallon), 36 shrubs, 24 cacti and reseeded with a desert seed mix;
DELETE		h.	a landscape plan;
MODIFY		i.	all loading and unloading and garbage pick-up limited to between the hours of 6:00 a.m. through and 10:00 p.m;
		j.	no vehicular openings along the east building wall of proposed Anchor III;
		k.	no more than two businesses with drive-in facilities;
		l.	a concept grading plan; and
		m.	a drainage report.
DELETE	2.		Developer will hire a qualified native plant salvage firm to designate all salvageable trees and cacti on the site. Trees will be marked for salvage and prepared for transplant where applicable or marked to be protected and saved in place. At the time the trees are designated for salvage, a copy off the plant inventory and salvage schedule will be forwarded to the Planning Department for review. Approval of the plant inventory and schedule will not occur until after review by the City Engineer and Houghton Neighborhood Association. All salvageable trees and cacti on the project site will be preserved in place or transplanted within the site to the proposed landscaped areas using standard techniques such as boxing and spading in a coordinated effort with site grading per approved grading and plant inventory and salvage schedule. Any vegetation designated for salvage which is damaged or destroyed will be repaired as appropriate, or replaced with plant material of like kind from off site. Salvageable trees are those with a basal diameter (measured approximately one foot above ground level) between 4 and 18 inches, occurring in sites amenable to salvage and are healthy. Salvageable saguaro and barrel cacti are those which possess favorable site and health conditions suitable for salvage.
	3.		Grading permit to be issued in conjunction with the issuance of a building permit;
DELETE	4.		Installation of fire hydrants to comply with Tucson Fire Code.
MODIFY	5.		The owner/developer shall dedicate Dedication of additional right-of-way, per the Major Streets and Routes Plan as follows:
		a.	Houghton Road; 100 feet one-half right-of-way;
MODIFY		b.	Broadway Boulevard: 60 feet midblock one-half right-of-way, including 75 foot intersection widening, together with a 25 foot radius spandrel at the street intersection.
MODIFY	6.		The owner/developer shall install, Installation of at no expense to the public, or contribution contribute to an escrow account for, of street improvements to DOT specifications, as follows:
		a.	additional 12 foot lane, curb and sidewalk along the Houghton Road frontage;
		b.	additional 12 foot lane, curb and sidewalk along the Broadway frontage;
MODIFY		c.	appropriate pavement transitions to DOT specifications on both streets.
DELETE	7.		Participation by owner in 25% of the cost of a traffic signal at Broadway Boulevard and Houghton Road.
MODIFY	8.		Access points shall be No access within a minimum of 300 feet measured from the section corner of lines normal to Houghton Road and Broadway. One-foot no-access easements shall are to be established to assure the aforementioned.
MODIFY	9.		Compliance with the Interim Watercourse Improvement Policy along the Coronado Ridge Wash. The owner/developer shall install the necessary interim pavement on both Broadway Boulevard and Houghton Road to accommodate left and right turn lanes to the site.
MODIFY	10.		All weather access shall must be provided for both internal and external streets.
MODIFY	11.		The development shall comply Compliance with the Houghton East Neighborhood Plan and Houghton East Basin Management Plan pertaining to development along and within the Coronado Ridge Wash.
MODIFY	12.		The owner/developer shall install Installation of additional cells and appurtenances in the existing box culvert or contribute contribution to an escrow account for improvements to allow for additional capacity under Broadway Boulevard, and also install installation of the box culvert and appurtenances or contribute contributions to an escrow account for the installation of the box culvert under Houghton Road,. all All improvements are to adequately convey storm runoff from a 100-year event.
DELETE	13.		In accordance with the approved Development Concept Plan for Coronado Square, the Coronado Ridge Wash will be left in a near natural condition with enhancement of flow capacity downstream of the Broadway box culvert for effective conveyance and safety. As shown on the approved Concept Site Plan and submitted hydraulic analysis, and approved by the City Engineer;
		a.	the channel will not be structurally channelized;
		b.	the channel will not be lined or stabilized with exposed concrete except as may be required immediately downstream of the Broadway box culvert for scour protection;
		c.	the channel will remain in a natural like condition and:
			1.	a small area of streambank downstream of Broadway will be excavated to approximate the natural invert to enhance flow capacity. This area will be reestablished with a like number of mature trees salvaged from onsite; and
			2.	the natural channel system may receive erosion stabilization with natural or natural like stone riprap with natural filter blanket or subgrade concrete cutoff wall, both of which will be covered with 6 inches of soil and replanted to approximate the prior natural condition.
		The plans and specifications for necessary stabilization, containment and safety improvements will provide for and show limits of minimal disturbance of the wash. These plans will provide for the staking of areas not to be disturbed and the protected area will be staked with stakes to be connected and marked and inspected by the city before any construction takes place.
MODIFY	14.		Any relocation, modification, etc. of existing utilities and/or public necessitated by the proposed development shall will be at no expense to the public.
MODIFY	15.		The owner/applicant is allowed two years to January 22, 2000, Three years to comply with all Code requirements and conditions of rezoning.
MODIFY	16.		A pedestrian circulation system with minimum six-foot-wide concrete or textured sidewalks shall be provided to all buildings, parking areas and public sidewalks, including a central pedestrian connection between the front specialty center and the rear major retail center.
MODIFY	17.		Pedestrians trails shall will be incorporated within and along the Coronado Ridge Wash. Gates shall will be provided on pedestrian trails crossing the wash to prevent access during flood conditions.
MODIFY	18.		Similar architectural treatment shall be provided for the entire shopping center with architectural compatibility of all buildings design elements such as signs, lighting, screen walls, monuments, landscaping including a variety of rooflines.
MODIFY	19.		Utilization of n Naturally appearing southwestern materials and colors shall be utilized to complement the existing neighborhood.
MODIFY	20.		Trash dumpsters and delivery areas internalized and located away from the perimeter of the property shall be located a minimum fifty (50) feet from residentially zoned property.
MODIFY	21.		All on-site utilities shall to be underground.
DELETE	22.		All landscape materials used on-site shall to conform with the approved City of Tucson/SAWARA plant material list and be limited to plants native to the Tucson Basin or similar species.
MODIFY	23.		Temporary perimeter debris screens shall be erected by the developer during building construction to prevent litter and debris accumulating on adjacent properties.
MODIFY	24.		Necessary retention/detention basins shall will be relocated outside the Coronado Wash Channel, its associated riparian vegetation zone and its post development 100-year floodplain. Any retention/detention basins other than parking lots will be revegetated as described in Condition 1.h. required.
DELETE	25.		Formal bicycle parking areas provided in compliance with the bicycle parking requirements in effect at the time of development plan review.
MODIFY	26.		A minimum 90 foot building setback from the east property line shall be required, as shown on the concept plan.
MODIFY	27.		The owner/developer shall to submit to the Houghton Neighborhood Association an architecturally integrated development plan for the center including signage, as it becomes developed, but in no event less than fifteen (15) days prior to the scheduled CDRC meeting. Documentation of the submittal to the neighborhood association must be provided with the CDRC submittal.
MODIFY	28.		The Houghton Neighborhood Association shall to be notified in writing of any changes in the approved concept plan, development plan, or conditions of rezoning no less than fifteen (15) days prior to submittal to the City.
	29.		Any change of any of these conditions may, at the option of Mayor and Council, be considered for public hearing.
ADD	30.		Any required or proposed masonry screen walls shall be constructed and/or painted with graffiti-resistant materials and shall be maintained in a graffiti-free condition.
ADD	31.		Incorporate "Safe by Design" concepts in the development plan submitted to the Community Design Review Committee for Review by the Tucson Police Department.

One written approval and two written protests were received for the original public hearing on this case on November 9, 1989. Neither of the protests were within the 150-foot area. No additional approvals or protests have been received.

A simple majority vote will be necessary to approve the requested two-year time extension and to adopt an ordinance rezoning the subject property once the conditions of rezoning have been met.

6. PUBLIC HEARING: TUCSON CODE,AMENDING THE LAND USE CODE RELATING TO HISTORIC ADVISORY BOARDS

(a)Report from City Manager JAN12-98-31 CITY WIDE

(b)Hearing

(c)Resolution No. 17915 relating to planning and zoning; amending the Tucson Land Use Code, Article V, Administration, Division 1, powers and duties, Section 10, Historic District Advisory Boards, and setting an effective date.

7. PUBLIC HEARING: OLD FORT LOWELL NEIGHBORHOOD PLAN AMENDMENT FOR SITE LOCATED 3111 NORTH CRAYCROFT ROAD

(a)Report from City Manager JAN12-98-38 WII

(b)Hearing

(c)Resolution No. 17924 relating to planning and zoning; amending the Old Fort Lowell Nieghborhood Plan.

8. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a)Report from City Manager JAN12-98-23 CITY WIDE

ADDENDUM - CONSENT AGENDA ITEM NOS. 3-M(5), 3-M(6), 3-N, 3-O, 3-P AND REGULAR AGENDA ITEM NOs. 9 AND 10 HAVE BEEN ADDED:

9. REAL PROPERTY: VACATION AND SALE OF DOWNTOWN COMMERCE PARK, LOTS 10 AND 12 TO W. ROSS HUMPHREYS

(a) Report from City Manager JAN12-98-41 WI

(b) Ordinance No. 9005 relating to real property; vacating and declaring certain City-owned real property to be surplus, and authorizing the sale thereof to W. Ross Humphreys and/or assigns.

10. SOLAR ENERGY: MAYOR AND COUNCIL SUPPORT OF GRANT APPLICATION TO UTILITY PHOTOVOLTAIC GROUP (UPVG)

(a) Report from City Manager JAN12-98-44 CITY WIDE

(b) Resolution No. 17927 relating to Utility Photovoltaic Group Team and federal funding opportunities for community photovoltaic system ventures.

*11. CALL TO THE AUDIENCE, for persons desiring to speak.

*12. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, January 26, 1998, at 7:30 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

* Renumbered due to the added item.

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