Mayor and Council Agendas for

ADDENDUM #1
REGULAR AGENDA ITEM NO. 8A HAS BEEN ADDED:

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor William Biedermann, Mt. Zion Lutheran Church

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

PRESENTATIONS:

(a) Presentation - of the Arizona Parks and Recreation Association Awards to recognize excellence in the field of Parks, Recreation, Cultural and Community Services


(b) Presentation - of the 1997 National Aquatic Awards from the United States Water Fitness Association>

3. CONSENT AGENDA - ITEMS A THROUGH K

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. TUCSON CODE: AMENDING (CHAPTER 27) RELATING TO THE MEMBERSHIP ON THE CITIZENS' WATER ADVISORY COMMITTEE COMPOSITION

(a) Report from City Manager DEC7-98-676 CITY-WIDE/OUTSIDE CITY

(b) Ordinance No. 9172 relating to water; amending the Tucson Code, Chapter 27, Article III, Section 27-62.

5. WATER: APPROVAL OF THE NON-PER CAPITA CONSERVATION PROGRAM

(a) Report from City Manager DEC7-98-677 CITY-WIDE/OUTSIDE CITY

(b) Resolution No. 18184 relating to water; authorizing the execution of a Stipulation and Order with the Arizona Department of Water Resources for regulation under the Non-Per Capita Conservation Program.

6. AGREEMENT: SECOND AMENDMENT TO THE 1980 AGREEMENT FOR WATER SERVICE WITH DEL WEBB'S COVENTRY HOMES AND DEL WEBB CONSTRUCTION, INC.

(a) Report from City Manager DEC7-98-674 CITY-WIDE

(b) Resolution No. 18186 relating to water; authorizing the execution of a second amendment to the water service agreement between the City of Tucson and Del Webb's Coventry Homes and Del Webb Home Construction, Inc.

7. ZONING: (SE-98-24) NEXTEL COMMUNICATIONS - 975 SOUTH PRUDENCE ROAD, C-2 ZONE COMMUNICATIONS FACILITY - MONOPOLE, SPECIAL EXCEPTION LAND USE, ZONING EXAMINER'S REPORT (CONTINUED FROM THE MEETING OF NOVEMBER 16, 1998)

(a) Report from City Manager DEC7-98-671 WII

(b) Report from Zoning Examiner dated September 3, 1998

(c) Request to approve a new undisguised and unconcealed telecommunications tower and antennae facility in the C-2 zone. The subject property is a 475 square-foot lease pad within the boundaries of the National Self-Storage facility at 975 S. Prudence Road. Applicant: Mr. Michael Shoaff, on behalf of Nextel Communications. The preliminary development plan is for a 68 foot-high monopole with three (3) 12 foot-high omni-directional fiberglass whip antennas for a total height of 80 feet. The applicant indicates that at a later date the whip antenna will be replaced with standard panel antenna thus reducing the overall height of the facility to 68 feet. The monopole location is approximately 425 feet east of the centerline of Prudence Road and approximately 1000 feet north of the centerline of 22nd Street. The Planning Department and Zoning Examiner recommend denial of the Special Exception Land Use request. Should the Mayor and Council choose to approve the special exception request, staff recommends including certain conditions. The City Manager recommends denial of the Special Exception Land Use request. Should the Mayor and Council choose to approve the special exception request, it is recommended that the following conditions be included:

1. The monopole shall have a maximum height of 68 feet.


2. The monopole, associated antennae array, and attachments are to be painted light sky blue.


3. The monopole shall be located at the southeastern corner of the parcel as indicated on the preliminary development plan.


4. The owners of the communication facility shall consider requests by other providers to collocate additional antennae arrays on the monopole, and, if reasonable, accept the requests.


5. Should the antennae arrays become obsolete, whether due to height or location of the monopole, technological advances, or other reasons, the monopole is to be removed at the owner's expense.


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


Zero (0) written approvals and two (2) written protests were received.


A simple majority vote of the Mayor and Council will be necessary to approve the Special Exception Land Use request.

8. ZONING: (HPZ 97-30) APPEAL OF PLANNING DIRECTOR'S DECISION - ELVA TAYLOR, 417 SOUTH MEYER AVENUE

(a) Report from City Manager DEC7-98-683 WVI


(b) An appeal of the Planning Director's decision of April 10, 1998, granting a conditional approval to construct a five foot high masonry screen wall and wrought iron gate, subject to acquisition of the subject City right of way by the applicant, based on the City of Tucson's Development Standard 9-02, Sections 3.3 and 4.3. On April 14, 1998, the appeal was filed by Betsy Rollings.


(c) Providing direction to staff regarding sale of the requisite public right of way to permit the wall to remain at its present location.


The City Manager recommends that the Planning Director's decision be upheld and that staff be directed to proceed with the sale of the requisite public right of way.

8A. RECONSIDERATION: 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 DEC7-98-687 WV

On November 23, 1998, the Mayor and Council by a vote of 5 to 2, (Vice Mayor Scott and Council Member Ronstadt dissenting), authorized the preparation of an ordinance rezoning the property from R-1 to P subject to the conditions listed in the City Manager's recommendation.

At the December 1, 1998 Mayor and Council Agenda Committee meeting, the committee voted 6 to 0 (Ward 5 abstaining) to schedule this item for reconsideration by the Mayor and Council.

If the motion to reconsider this item is adopted, the Mayor and Council may proceed with one of the following options:

1. Affirm the decision of the Mayor and Council made at the November 23, 1998 meeting.


OR
2. Approve the request as recommended by the City Manager and pass and adopt Ordinance No. 9168.
OR
3. Approve the request as recommended by the City manager and pass and adopt Ordinance No. 9168 with any additional conditions the Mayor and Council deem necessary and appropriate.
OR
4. Continue the request and/or remand the matter back to the Zoning Examiner for a new public hearing to seek additional information.
OR
5. Deny the request for rezoning.

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

(c) Report from Zoning Examiner dated October 22, 1998

(d) 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.

(e) 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.

Eight (8) written approvals and three (3) written protests have been received (including added approvals/protest withdrawals received through the November 23, 1998 Mayor and Council meeting). One (1) of the protests is within the 150 foot notification area and results in a 3.41 percent protest by area to the north and 0.0 percent to the south, east and west.

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

TWO MOTIONS ARE NECESSARY:

1. MOTION TO RECONSIDER ACTION TAKEN

2. MOTION TO:
affirm the decision of the Mayor and Council made at the November 23, 1998 meeting


OR
approve the request as recommended by the City Manager and pass and adopt Ordinance No. 9168
OR
approve the request as recommended by the City Manager and pass and adopt Ordinance No. 9168 with any additional conditions the Mayor and Council deem necessary and appropriate
OR
continue the request and/or remand the matter back to the Zoning Examiner for a new public hearing to seek additional information
OR
deny the request for rezoning


9. PUBLIC HEARING: BINGO LICENSE - CRESCENT MANOR MOBILE HOME PARK, 1150 WEST PRINCE ROAD, CITY NO. 183

(a) Report from City Manager DEC7-98-673 WIII


CRESCENT MANOR MOBILE HOME PARK, 1150 West Prince Road, Applicant: Judith A. Green, City No. 183


(b) Hearing


The City Manager recommends that the application be forwarded to the State Tax Commission for approval, subsequent to the hearing by Mayor and Council.

10. PUBLIC HEARING: PROPOSED OLD SPANISH TRAIL/AVENIDA LOS REYES ANNEXATION DISTRICT

(a) Report from City Manager DEC7-98-684 WIV


(b) Hearing

**FOR ITEM 11 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

11. PUBLIC HEARING: APPEAL TO THE FLOODPLAIN BOARD OF THE DECISION OF THE CITY ENGINEER - THE INDUSTRIAL MOTOR AND CONTROL, INC. COMPANY LOCATED AT 2025 WEST HIGHWAY DRIVE

(a) Report from City Manager DEC7-98-685 WI


(b) Hearing The appellant is M3 Engineering & Technology Corporation, on behalf of Mr. Milt Evans, President of Industrial Motor and Control, Inc. The appellant is requesting a variance that would allow construction of a manufacturing building with a finished floor elevation one foot lower than the regulatory flood elevation.

Based on a review of the information submitted, the City Engineer's Office does not believe that sufficient justification has been provided by M3 Engineering to warrant a variance. However, if the Floodplain Board chooses to grant the variance, the City Manager recommends that the applicant be required to flood proof the new building up to the Regulatory Flood Elevation.

12. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager DEC7-98-679 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 14, 1998, at 7:30 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.

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