Mayor and Council Agendas for

ADDENDUM #1
CONSENT AGENDA ITEMS 3-I(5) AND 3-I(6) HAVE BEEN ADDED: ADDENDUM #2
REGULAR AGENDA ITEM 5 HAS BEEN AMENDED AND ITEM 8A HAS BEEN ADDED:

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Frank Cherney, Body of Christ Lutheran Church

PLEDGE OF ALLEGIANCE - led by Girl Scout Groups #3040 and #3009

PRESENTATIONS:

(a) Copper Letter - presented to Juan Pazos in recognition of his work and dedication to the people of the Westside Barrios

3. 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.

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. CONTINGENCY FUND TRANSFER: TO THE SPIRIT OF SERVICE, INC., ORGANIC GARDEN FOR WATER FEE WAIVERS AND PURCHASE AND INSTALLATION OF A REQUIRED BACKFLOW DEVICE

(a) Report from City Manager NOV23-98-656 WI

(b) Resolution No. 18176 relating to finance; approving and authorizing the transfer of two-thousand twenty-four ($2,024.00) dollars from the contingency fund to organization 001-183-1838-268, for the Spirit of Service, Inc., Organic Garden.

5. FINANCE: ISSUANCE OF CITY OF TUCSON WATER REVENUE REFUNDING BONDS

(a) Report from City Manager NOV23-98-657(2) CITY-WIDE

ADDED (b) Ordinance No. 9169. An ordinance relating to finance; authorizing the issuance of City of Tucson Water System Revenue Refunding Bonds, Series 1999A, in the principal amount of $14,045,000, and the issuance of City of Tucson Water System Revenue Refunding Bonds, Series 2001A, in the principal amount of $40,850,000; providing for the sales thereof, for the application of the proceeds therefrom to the refunding of the bonds to be refunded and for the payment of principal and interest thereon; providing certain terms, covenants and conditions regarding the bonds; authorizing the execution and delivery of depository trust agreements and forward escrow investment agreements with respect to the bonds to be refunded; authorizing the execution and delivery of purchase contracts and a continuing disclosure undertaking with regard to the bonds; appointing a bond registrar and paying agent; authorizing the preparation and delivery of an official statement with respect to the bonds and the supplementation of the official statement in connection with the delivery of the bonds; and declaring an emergency.

6. TUCSON CODE: AMENDING (CHAPTER 20) MOTOR VEHICLES AND TRAFFIC RELATING TO THE REGULATION OF TAXICABS

(a) Report from City Manager NOV23-98-661 CITY-WIDE

(b) Ordinance No. 9166 relating to motor vehicles and traffic; amending taxicab regulations by deleting requirements for a semi-annual meter inspection by the State of Arizona, Department of Weights and Measures and decal display; adding requirement that meters be certified by any registered service agency (RSA) approved by the Department of Weights and Measures; amending the Tucson Code Chapter 20 by amending Article VII, Section 20-305(A).

7. ZONING: (C9-98-23) MCMAHON - SWAN ROAD, R-1 TO C-2, ZONING EXAMINER'S REPORT

(a) Report from City Manager NOV23-98-664 WII

(b) Report from Zoning Examiner dated October 30, 1998

(c) Request to rezone approximately 0.41 acres from R-1 to C-2 zoning. The rezoning site is located approximately 290 feet west of Swan Road and 360 feet south of Fort Lowell Road. Applicant: Mr. Frank Thomson, on behalf of the property owner, McMahon Properties, LLC. The preliminary development plan is for a one-story office building of 3,000 square feet (2,275 feet of which is on the rezoning site) and associated parking. This is an expansion of a larger office/restaurant/retail project with 24,900 square feet of existing buildings and 16,720 feet of proposed buildings on 4.85 acres. The Planning Department recommends approval of O-2 zoning, subject to certain conditions. The Zoning Examiner recommends approval of O-2 zoning, subject to certain conditions. The City Manager recommends approval of O-2 zoning, subject to the following conditions.

1. A development plan, 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 LUC, including, but not limited to:

a. At least fifty (50) percent of the rezoning site will be used for pedestrian areas, vehicular use area, or landscaping.

b. Landscaping buffers along the south and west property lines shall be at least 10 feet wide and include eight (8) canopy trees along the west property line and six (6) canopy trees along the south property line of the rezoning site. The canopy trees shall be at least 24-inch box size when planted.

c. A burnt adobe wall at least six (6) feet in height shall be constructed on the south and west property lines. The wall shall have a graffiti-resistant coating.

d. Loading spaces, dumpsters, mechanical equipment (other than passive solar) and other noise or odor producing uses shall be located at least fifty (50) feet from the west and south property lines of the rezoning site.

e. Building height shall be limited to one-story and 14 feet.

f. Building shall reflect the architectural style of the office building immediately to the north. Elevations shall be required as part of the development plan.

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

3. All exterior lighting shall be low sodium, directed down and away from adjacent residential properties, and mounted below the height of the required screen walls.

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

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

6. Issuance of a building permit for construction of the proposed development based on an approved development plan in compliance with all Code requirements and conditions of rezoning by November 23, 2003.

Five (5) written approvals and twenty-seven (27) written protests have been received. Ten (10) protests are within the 150 foot notification area and results in a 22.5 percent protest by area to the north, 46.2 percent to the south, 8.5 percent to the east, and 74.75 percent to the west.

A 3/4 majority vote of the Mayor and Council will be necessary to adopt an ordinance once the conditions of rezoning have been met.

8. ZONING: (C9-98-24) ARIZONA STATE CREDIT UNION - ALVERNON WAY, R-1 TO P, ZONING EXAMINER'S REPORT AND ORDINANCE ADOPTION

(a) Report from City Manager NOV23-98-665 WV

(b) Request to rezone approximately 0.337 acres from R-1 to P zoning. The rezoning site is located 160 feet east of Alvernon Way between Santa Barbara Avenue and Paseo Dorado. Applicant: Mr. Danny Quihuis of Architectural Design Group Inc., on behalf of the property owners, Arizona State Savings and Credit Union and Arizona Central Credit Union. The preliminary development plan is for a 25-space parking lot to serve the existing financial institutions directly west of the rezoning site. The Planning Department recommends approval of P zoning and adoption of the ordinance presented, subject to certain conditions. The Zoning Examiner recommends approval of P zoning, subject to certain conditions. The City Manager recommends approval of P zoning and adoption of the ordinance presented, subject to the following conditions.

1. A development plan, 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 LUC, including, but not limited to:

a. Ten (10) foot-wide landscape buffer including canopy trees along the east property line.

b. The existing property shall be upgraded to comply with all parking, landscaping, screening, pedestrian access, and bicycle requirements of the LUC.

c. Solid waste provisions shall be at least fifty (50) feet from adjacent residentially zoned property.

2. No vehicular access to Santa Barbara Street, unless no other feasible alternative is available to permit Sanitation and/or Fire Department access. If Santa Barbara access is required for Sanitation and/or Fire Department access, the access shall be designed as a left-turn egress only and signed left-turn only.

3. Vehicular access onto Paseo Dorado shall be signed right-turn only.

4. A drainage statement shall be submitted for review and approval.

5. All exterior lighting shall be low sodium, directed down and away from adjacent residential properties, and mounted below the height of the required screen walls.

6. Directional or other signage shall reflect the colors and materials used in the rest of the project.

7. Any required or proposed masonry screen walls shall be earthtone colors and 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.

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

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

10. Issuance of a building permit for construction of the proposed development based on an approved development plan in compliance with all Code requirements and conditions of rezoning by June 30, 2000.

(c) Ordinance No. 9168 relating to zoning: Amending zoning district boundaries in the vicinity of Santa Barbara Avenue and Paseo Dorado approximately 160 feet east of Alvernon Way in case C9-98-24 Arizona Credit Union - Alvernon Way, R-1 to P.

Five (5) written approvals and five (5) written protests have been received. Two (2) of the protests are within the 150 foot notification area and results in a 31.3 percent protest by area to the north, 0.0 percent to the south, 5.8 percent to the east, and 0.0 percent to the west.

A 3/4 majority vote of the Mayor and Council will be necessary to adopt the ordinance presented.

8A. REAL PROPERTY: ACQUISITION OF A PORTION OF BELLOTA RANCH AND GRANTING A CONSERVATION EASEMENT TO THE NATURE CONSERVATORY

(a) Report from City Manager NOV23-98-666 OUTSIDE CITY

(b) Ordinance No. 9170 relating to real property; authorizing the City Manager to acquire by negotiation certain real property; and granting a conservation easement over a portion of said property to The Nature Conservancy.

9. PUBLIC HEARING: (C9-97-27) K-GAM LIMITED - BROADWAY BOULEVARD, R-1 TO P, ZONING EXAMINER'S REPORT

(a) Report from City Manager NOV23-98-653 WVI

(b) Report from Zoning Examiner dated August 21, 1998

(c) Hearing on a request to rezone approximately 3.0 acres from R-1 to P zoning. The rezoning site is located 400 feet north of Broadway Boulevard east of Indian House Road and is the northern portion of a nine (9) acre parcel. Applicant: Mr. Gordon Stone of Cella Barr Associates on behalf of the property owners, K-GAM Limited Partnership. The preliminary development plan is for a surface parking lot of approximately 235 spaces to be used in conjunction with future commercial development on the existing C-1 zoned property to the south fronting Broadway Boulevard. The size and type of the future commercial development is not designated. The Planning Department recommends approval of P zoning, subject to certain conditions. The Zoning Examiner recommends approval of P zoning, subject to certain conditions. The City Manager recommends approval of P zoning, subject to the following conditions.

1. A development plan, in substantial compliance with the Preliminary Development Plan, the Design Compatibility Report and the "Neighborhood" agreement dated August 6, 1998, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to the following:

a. Parking shall be provided only in conjunction with the adjoining C-1 development to the south.

b. The development plan shall include all development proposed for the C-1 portion of the property.

c. No dumpsters, recycling containers, storage containers or loading zones are allowed within the P zone.

d. No access to the alleys or to Indian House Road.

2. A minimum twenty (20)-foot-wide landscape buffer, including 15 gallon size canopy trees placed a minimum of every twenty-five (25) linear feet, shall be provided on the west, north, and east boundaries of the rezoning site. No portion of the finished grade of the landscape buffer shall be more than two (2) feet below the adjacent residential property to the north or east. Any required or proposed retaining wall shall be installed on the development side of the landscape buffer.

3. A minimum ten (10)-foot-high masonry screen wall, located on the development side of the landscape buffer, shall be provided on the north, east, and west boundaries of the rezoning site. The screen wall height is to be measured from the development side of the wall.

4. No development of the parking lot shall occur separately from the C-1 commercial development to the south.

5. The developer shall present to the "Neighborhood" (residents of the Kane Estates, Wagon Wheel Estates, Indian House Estates, and Indian House Estates Annex subdivisions) a unified and architecturally integrated development plan for the entire site as soon as it is completed, but in no event less than ten (10) days before submittal to the City. The plan shall be in compliance with the agreement dated August 6, 1998, between the applicant and the "Neighborhood" submitted at the Zoning Examiner's public hearing on August 6, 1998. Said agreement to run in perpetuity with the rezoning case and not be limited to twenty (20) years as indicated in the agreement. The plan shall also include details of detention/retention.

6. The owner/developer shall dedicate twenty-five (25) -foot radius spandrels along the alleys at the northeast and north west corners of the rezoning site.

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

8. All required or proposed masonry screen walls shall be graffiti-resistant. Those visible from a public street 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 and, if continuous for more 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. All proposed lighting shall be directed down and away from adjacent residential areas.

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

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

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

Two (2) written approvals and sixteen (16) written protests were originally received. Six (6) of the protests were within the 150-foot notification area. As a result of the continued discussions between the applicant and the "Neighborhood", eight (8) of the original protests were withdrawn. This reduced the total to eight (8) protests, three (3) of which are within the 150-foot notification area, and a protest by area of 22.1 percent to the north, 35.7 percent to the west and 0.0 percent to the south and east.

A 3/4 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.

10. PUBLIC HEARING: PROPOSED COMPREHENSIVE PLAN AMENDMENT

(a) Report from City Manager NOV23-98-663 CITY-WIDE

(b) Hearing on a proposed amendment to the Comprehensive Plan. The purpose of the amendment is to update the Land Use and Character and Appearance Sections, to add a new general introduction and glossary, and to renumber, reformat, and add graphics to the remaining sections.

(c) Resolution No. 18181 relating to planning; amending the Comprehensive Plan - Physical Development Guide for Tucson and Eastern Pima County; amending Section 9, Land Use Character and Appearance, reformatting and renumbering the Plan; adding illustrations to the Plan and setting an effective date.

11. PUBLIC HEARING: FEDERAL TRANSIT ADMINISTRATION APPLICATION FOR A CAPITAL ASSISTANCE GRANT CONTRACT WITH THE FEDERAL TRANSIT ADMINISTRATION FOR FISCAL YEAR 1998-1999

(a) Report from City Manager NOV23-98-662 CITY-WIDE

(b) Hearing

(c) Resolution No. 18180 relating to mass transportation; authorizing and approving the filing of an application for a Capital Assistance Grant Contract between the City of Tucson and the Federal Transit Administration, for fiscal year 1998-99 for a grant under 49 U.S.C. Section 5307.

12. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager NOV23-98-650 CITY-WIDE

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

14. ADJOURNMENT

The next regularly scheduled meeting of the Mayor and Council will be held on Monday, December 7, 1998, at 2:00 p.m., in the Mayor and Council Chambers of City Hall, 255 West Alameda, Tucson, Arizona.

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