Mayor and Council Agendas for

ADDENDUM #1

CONSENT AGENDA ITEM NO. 4-U HAS BEEN AMENDED AND 4-V HAS BEEN ADDED, AND REGULAR AGENDA ITEM NO. 14 HAS BEEN AMENDED:

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Don Phillips, First Church of God

PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance

3. PUBLIC IMPROVEMENT: SILVERLAKE ROAD, MISSION ROAD TO INTERSTATE 10 DISTRICT PAVING IMPROVEMENT

(a) Report from City Manager JULY6-98-366 WI

(b) Open Bids

4. CONSENT AGENDA - ITEMS A THROUGH U

FOR A 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.

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.

5. MAGISTRATES: APPOINTMENT OF CITY MAGISTRATE

(a) Report from City Manager JULY6-98-368 CITY WIDE

(b) Ordinance No. 9080 relating to city magistrates; appointing Michael Lex City Magistrate of the City of Tucson; fixing compensation.

6. MAYOR AND COUNCIL: SELECTION OF VICE-CHAIR

(a) Report from City Manager JULY6-98-383 CITY WIDE

(b) Resolution No. 18077 relating to the Vice Chair of the Mayor and Council; selecting a vice-chair.

7. RECONSIDERATION OF ORDINANCE NO. 9076, AND RESOLUTION NOS. 17986, 18059, 18061, 18062, 18063, 18064, 18067, 18068, 18069 AND 18072 ADOPTED JUNE 22, 1998

(a) Report from City Manager JULY6-98-394 CITY WIDE

(b) Ordinance No. 9076 relating to city magistrates; appointing David Chezem, Kathleen Corey, Barbara Gelband, Linda Haynes, Barbara Magee, and Elizabeth Upham Special City Magistrates, to serve upon call by the presiding Magistrate of the City Court; fixing compensation.

(c) Resolution No. 17986 relating to library services; approving an intergovernmental agreement between the City of Tucson and the Pima County Free Library District for library services for fiscal year 1997-98.

(d) Resolution No. 18059 relating to victims' rights; approving and authorizing execution of an award agreement with the State of Arizona Office of the Attorney General for a Victims' Rights Implementation Assistance Program.

(e) Resolution No. 18061 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with Pima County Superior Court for the provision of City Court Jurors.

(f) Resolution No. 18062 relating to the police department; repealing resolution No. 17942 adopted February 2, 1998; approving and authorizing execution of an intergovernmental agreement with Pima County for a High Intensity Drug Trafficking Areas Program Grant Agreement (HIDTA VIII).

(g) Resolution No. 18063 relating to professional services; approving an agreement with Sacks Tierney, P.A., Attorneys at Law, for representation of the City of Tucson in water and power matters.

(h) Resolution No. 18064 relating to agreements; approving and authorizing execution of an agreement between the City of Tucson and the Pima Association of Governments to coordinate the Inter-Jurisdictional Traffic Signal System.

(i) Resolution No. 18067 relating to intergovernmental agreements; approving and authorizing execution of intergovernmental agreements between the City of Tucson and the State of Arizona, Town of Marana, City of South Tucson, and Pima County, to coordinate the Traffic Signal System.

(j) Resolution No. 18068 relating to contracts; authorizing and approving renewal of a contract with Pima Council on Aging and the City of Tucson, for provision of services under a socialization and nutrition grant.

(k) Resolution No. 18069 relating to historic preservation; approving the application for Historic Preservation Arizona Heritage Funds.

(l) Resolution No. 18072 relating to water; approving and authorizing execution of an intergovernmental agreement with the Arizona Department of Water Resources for funding technical work on the Southern Arizona Water Rights Settlement Act.

TWO MOTIONS ARE NECESSARY:

1. MOTION TO RECONSIDER Ordinance No. 9076, and Resolution Nos. 17986, 18059, 18061, 18062, 18063, 18064, 18067, 18068, 18069 and 18072

2. MOTION TO PASS AND ADOPT Ordinance No. Ordinance No. 9076, and Resolution Nos. 17986, 18059, 18061, 18062, 18063, 18064, 18067, 18068, 18069 and 18072

8. TUCSON CODE: AMENDING (CHAPTER 8) RELATING TO CITY MAGISTRATE MERIT SELECTION COMMISSION PROCEDURES

(a) Report from City Manager JULY6-98-382 CITY WIDE

(b) Ordinance No. 9085 relating to City Court; requiring fingerprinting of City Magistrates; authorizing inquiries of criminal history record information from the Arizona Department of Public Safety and the Federal Bureau of Investigation pursuant to A.R.S. ' 41-1750; amending Tucson Code, Chapter 8, Article I, by adding a new Section 8-2.4.

(c) Ordinance No. 9086 relating to City Court; amending Tucson Code, Chapter 8, Article I, Section 8-2.1(d) to require a sitting City Magistrate to seek reappointment at least nine months prior to the expiration of the term.

(d) Ordinance No. 9087 relating to City Court; amending Tucson Code, Chapter 8, Article I, Section 8-2.2(a) to authorize the Presiding Magistrate to send nominees for Special Magistrate directly to the Mayor and Council.

9. CITY ATTORNEY: APPOINTMENT OF CITY ATTORNEY

(a) Report from City Manager JULY6-98-391 CITY WIDE

(b) Ordinance No. 9072 relating to City Attorney; appointing the City Attorney.

10. ANNEXATION: FIRST AVENUE RIGHT-OF-WAY ANNEXATION DISTRICT

(a) Report from City Manager JULY6-98-390 WIII

(b) Ordinance No. 9048 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 Sections 24. T.13S., R.13E., and Section 19, T.13S., R.14E., G.&S.R.B.&M., Pima County, Arizona, more particularly described in the body of this ordinance.

11. SPECIAL PROJECTS: SUSTAINABLE ENERGY STANDARD FOR CONSTRUCTION OF APPROPRIATE CITY FACILITIES

(a) Report from City Manager JULY6-98-392 CITY WIDE

(b) Resolution No. 18082 relating to Sustainable Energy Standards; authorizing and approving adoption of the Sustainable Energy Standard for construction of appropriate City facilities.

The City Manager recommends that Mayor and Council:

1. Approve Resolution No. 18082.

2. Direct staff to prepare an educational exhibit at such buildings identifying the designs used to comply with the standard; and,

3. Provide direction to staff on additional sustainable design and construction practices, if any, that the City should pursue.

4. Direct staff to publicize and educate the community regarding the Sustainable Energy Standard encouraging it's use on a voluntary basis.

12. ZONING: PROPOSED ALVERNON-BROADWAY AREA PLAN AMENDMENT (ALVERNON WAY FRONTAGE, BETWEEN EAST SANTA BARBARA AND EAST PASEO DORADO) (CONTINUED FROM THE MEETING OF JUNE 8, 1998)

(a) Report from City Manager JULY6-98-384 WV

This is a proposed amendment to the Alvernon-Broadway Area Plan. The amendment would identify the Alvernon Way frontage of the site as appropriate for commercial use, limited to financial services and associated drive-through facilities and would identify the east two lots of the site as appropriate for associated parking, designated as "parking buffer". The site consists of six lots between East Santa Barbara and East Paseo Dorado. The Plan currently recommends low-density residential, with consideration to be given to residentially-scaled office uses for the two lots fronting Alvernon Way. The public hearing on this matter was held on June 8, 1998.

(b) Resolution No. 18051 relating to planning and zoning; amending the Alvernon-Broadway Area Plan.

13. REAL PROPERTY: ACQUISITION OF PROPERTY FOR IMPROVEMENTS TO WELL W-2 BOOSTER SITE TRICO-MARANA ROAD/COCIO ROAD (CONTINUED FROM THE MEETING OF FEBRUARY 9, 1998)

(a) Report from City Manager JULY6-98-393 OUTSIDE CITY

(b) Resolution No. 17947 relating to real property; authorizing the City Manager to acquire by negotiation, and the City Attorney to condemn if necessary, certain real property.

14. ZONING (C9-98-05) TERAN & ASSOCIATES - HARRISON ROAD, SR TO R-1

(a) Report from City Manager JULY6-98-371(2) WIV

(b) Report from Zoning Examiner dated May 29, 1998

(c) Request to rezone approximately 8.8 acres from SR to R-1. The rezoning site is located on the west side of Harrison Road approximately 660 feet north of Escalante Road. Applicant: Planning Resources on behalf of the property owners, Teran & Associates, Inc. The preliminary development plan is for a 42-lot one-story single-family subdivision utilizing the Residential Cluster Project (RCP) option for a density of 4.77 units per acre. The Planning Department and the Zoning Examiner recommend approval of R-1 zoning, subject to certain conditions. 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 dated May 13, 1998, and the Environmental Resource Report, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to:

a. A maximum of forty-two (42) lots.

b. A minimum thirty (30)-foot-wide natural buffer along the west property line with additional landscaping along the west and south property lines as agreed by the applicant with the adjacent property owners and as shown on the revised preliminary development plan submitted at the May 14, 1998, Zoning Examiner's public hearing.

c. A minimum ten (10)-foot-wide enhanced natural buffer along the north and south property lines.

d. All lots limited to one-story, with a maximum building height of 16 feet as measured in the Land Use Code.

e. A five (5)-foot-high decorative masonry wall on the east side of the natural buffer along the west side of the property.

AMENDED

f. No vehicular access to Sellarole Street. If vehicular access is provided from Sellarole Street, the owner/applicant shall be responsible for improving the portion of Sellarole Street on the south side of the Spanish Trail Wash to meet City standards including, but not limited to, a minimum twenty-four (24) feet of pavement from Harrison Road to the access location.

g. All structures to utilize earth-tone colors. Bolder colors may be used for accents.

2. The owner/developer shall dedicate right-of-way for Harrison Road per the Major Streets and Routes Plan, including a twenty-five (25)-foot radius spandrel at the intersection of the proposed street with Harrison Road.

3. The owner/developer shall record a one-foot no-access easement on all property lines of the rezoning site except at the Harrison Road entry.

4. The owner/developer shall install curb, sidewalk, and an additional lane of paving along the Harrison Road frontage of the property or contribute funds (based on current improvement district costs) to an escrow account for the same.

5. The owner/developer shall install 12 feet of interim paving on Harrison Road to accommodate northbound left turns into the property and appropriate transitions north and south of the entry roadway.

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

7. The U. S. Fish and Wildlife Service (USFWS) guidelines regarding the cactus ferruginous pygmy-owl shall be followed.

8. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls visible from a 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.

9. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.

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

11. Five years are allowed to comply with all Code requirements and conditions of rezoning.

Six (6) written approvals and four (4) written protests have been received. All four protests are located within the 150-foot notification area and allude to excess density, excess traffic and loss of desert. This results in a 16.5 percent protest by area to the east, a 7.9 percent protest to the west, a 1.0 percent protest to the north and a 7.6 percent protest to the south.

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.

FOR ITEM 15 ONLY, THE MAYOR AND COUNCIL, PURSUANT TO TUCSON CODE SECTION 26-12, WILL ACT AS THE CITY'S FLOODPLAIN BOARD IN HEARING AN APPEAL OF A DECISION OF THE CITY ENGINEER UNDER THE CITY'S FLOODPLAIN AND EROSION HAZARD AREA REGULATIONS

15. PUBLIC HEARING: APPEAL TO THE FLOODPLAIN BOARD OF THE DECISION OF THE CITY ENGINEER TO DENY UNRESTRICTED DEVELOPMENT WITHIN THE REQUIRED 490-FOOT EROSION HAZARD ZONE ALONG THE WEST BANK OF THE SANTA CRUZ RIVER, NORTH OF GRANT ROAD (CENTER POINTE COMMERCE CENTER, LOT 9)

(a) Report from City Manager JULY6-98-398 WI

(b) Hearing The appellant is Developer Michael Bartz.

Based upon the information provided, the City Manager recommends that the subject appeal for allowing development of Lot 9 within the 490-foot erosion hazard zone along the west bank of the Santa Cruz River, north of Grant Road, be denied as being inconsistent with the City's responsibility for public welfare, safety, and protection of property concerns

16. PUBLIC HEARING: ZONING (C15-98-02) ESTABLISHING ORIGINAL CITY ZONING FOR THE MICHIGAN STREET - COUNTRY CLUB ROAD ANNEXATION DISTRICT

(a) Report from City Manager JULY6-98-385 WV

(b) Hearing

(c) Ordinance No. 9088 relating to zoning; establishing original City zoning for approximately 325 acres generally located east of Country Club Road, north of Interstate 10, west of Palo Verde Road and south of Michigan Street, which was annexed to the City of Tucson by Ordinance No. 9017 adopted on March 23, 1998; within the annexation area; and specifying an effective date.

17. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager JULY6-98-365 CITY WIDE

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

AT THIS TIME THE MAYOR AND COUNCIL
WILL RECESS THE AFTERNOON MEETING
AND RECONVENE AT 7:30 P.M.

RECONVENE REGULAR MEETING AT 7:30 P.M.

ROLL CALL

19. PUBLIC HEARING: PROPOSED ALVERNON-BROADWAY AREA PLAN AMENDMENT (THE LODGE ON THE DESERT HOTEL PARCEL)

(a) Report from City Manager JULY6-98-386 WVI

(b) Hearing on a proposed amendment to the Alvernon-Broadway Area Plan. The amendment proposes changing the Conceptual Land Use Map in the Plan to permit commercial use on the Lodge on the Desert Hotel parcel. (Approval of the amendment will allow the applicant to file a subsequent rezoning application to bring the facility into Land Use Code (LUC) compliance and permit future expansion of the hotel use. Expansion will include adding guest rooms, relocating the swimming pool, and providing additional required parking.)

(c) Resolution No. 18078 relating to planning and zoning; amending the Alvernon-Broadway Area Plan.

20. ADJOURNMENT

The next regularly scheduled meeting of the Mayor and Council will be held on Monday, August 3, 1998, at 2:00 p.m. and continued to 7:30 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

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