CONSENT AGENDA ITEM NOS. 3-L, 3-M AND 3-N HAVE BEEN ADDED:

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION – Pastor Roger Stogsdill, First Brethren Church

3. CONSENT AGENDA - ITEMS A THROUGH N

FOR COMPLETE DESCRIPTION OF ITEMS, SEE CONSENT AGENDA (linked below)

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. CITY MAGISTRATE: APPOINTMENT OF SPECIAL CITY MAGISTRATES

(a) Report from City Manager OCT25-99-554 CITY-WIDE

(b) Ordinance No. 9306 relating to City magistrates; appointing Karen Spear-Ellinwood, Ann Payne Gredziuk, and John Harper as Special City Magistrates to serve upon call by the Chief Executive Officer of the City Court; fixing compensation.

5. SPECIAL EXCEPTION LAND USE REQUEST: AT & T WIRELESS SERVICES – 5350 E. GLENN STREET – COMMERCIAL SERVICES – COMMUNICATIONS USE (TYPE III LEGISLATIVE REVIEW), O-3 ZONE, ZONING EXAMINER'S REPORT (SE-99-05)

(a) Report from City Manager OCT25-99-556 WII

(b) Report from Zoning Examiner dated October 1, 1999 and June 3, 1999

(c) This is a request by Ms. Martha Kuenhold on behalf of AT & T Wireless Services to allow the construction of a new slimline telecommunications facility in the O-3 zone. The subject property is within the walls of an existing Tucson Electric Power substation located approximately 375 feet south of Glenn Street and approximately 975 feet west of Craycroft Road. The preliminary development plan is to install a sixty-five foot high pole and slimline antennae array and a 230 square foot equipment cabinet on a 2,500 square foot lease area. The Tucson Land Use Code section applicable to this request is 3.5.4.20.G.1. The Planning Department and the Zoning Examiner recommend approval of the special exception land use request, subject to certain conditions. The City Manager recommends approval of the special exception land use request, subject to the following conditions.

1. A Site Plan, in substantial compliance with the preliminary plan, shall be submitted for review and approval, including, but not limited to:

a. A maximum pole diameter of eighteen (18) inches.

b. A maximum pole height of sixty-five (65) feet.

c. No external wiring, cabling or foot pegs visible on the pole.

d. A maximum antenna extension of twelve (12) inches from pole.

e. All telecommunications equipment visible above the existing screen wall must be painted a non-reflective color similar to the existing equipment within the TEP substation.

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

Seven (7) written approvals and two (2) written protests were received for the first hearing on May 19, 1999. No additional protests were received for the second public hearing on September 16, 1999.

A simple majority vote of the Mayor and Council will be necessary to approve the special exception land use request.

6. PUBLIC HEARING: ZONING (C9-94-13) ROY H. LONG REALTY – WETMORE ROAD, R-1 TO O-3, REQUEST TO REACTIVATE A REZONING CASE AND APPROVE A FIVE-YEAR TIME EXTENSION

(a) Report from City Manager OCT25-99-560 WIII

(b) Hearing on a request by Ms. Diane A. Neffson, General Partner of the D.N.D. Neffson Company, to reactivate a rezoning case and for a five-year time extension for the completion of the rezoning conditions for the property located on the southeast corner of Wetmore Road and Neffson Drive. The original rezoning case requested R-4 (O-3) zoning approximately 0.4 acres. The Preliminary development plan is for a 29 space parking lot for additional parking for the office building to the east. The original five-year authorization expired on September 26, 1999. A public hearing is required to reactivate a rezoning case and because it has been more then five years since the last public hearing was held on this request. The Planning Department recommends reactivation of the rezoning case and approval of the requested five-year time extension from September 26, 1999, to September 26, 2004, subject to revised conditions of rezoning. The City Manager recommends the Mayor and Council reactivate the rezoning case and approve the requested five-year time extension to complete rezoning conditions from September 26, 1999, to September 26, 2004, subject to the following revised conditions.

REVISED 1. An approved development plan, in substantial compliance with the preliminary development plan, to be submitted for review and approval in accordance with Section 23-409 5.3.8 of the Tucson Land Use Code (LUC) including, but not limited to:

a. The full integration of the developed parking area with this proposed parking area, as shown on the concept circulation plan.

b. Primary access from Wetmore Road through the existing parking area on the parcel to the east, as shown on the concept circulation plan.

c. Access to Neffson Drive limited to two access points.

d. Soften the visual impact of a continuous solid-mass wall of greater than 75 feet in length by one or more of the following techniques:

1) Vary the wall alignment (jog, curve notch, or set back, etc.) and plant trees or shrubs in the voids created by the variations.

2) plant trees and shrubs, which are proportional in scale to the proposed wall, at least every 25 feet.

3) use two or more materials in a visually interesting design pattern on the proposed wall.

e. Wall to be constructed with graffiti resistant materials and/or paint.

f. If security lighting is provided, it should be directed away from adjacent residential uses.

2. A drainage statement.

3. Dedication of an additional 15-feet of right-of-way along the project's Wetmore Road frontage, per the Major Streets and Routes Plan, together with a 25-foot radius spandrel right-of-way at Neffson Drive and Wetmore Road.

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

REVISED 5. Compliance Five year to comply with all Code requirements and conditions of rezoning by September 26, 2004.

ADDED 6. "Safe by Design" concepts are to be incorporated into the development for review by the Tucson Police Department.

ADDED 7. Water harvesting techniques shall be incorporated in all new development by conveying all rooftop, parking area access lane (PAAL) and parking area drainage to designated water harvesting areas.

ADDED 8. All new construction shall utilize earthtone colors and materials. Brighter colors may be used for accent.

Ten (10) written approvals and three (3) written protests were received for the original public hearing on this case. None of the protests are within the 150-foot notification area. This results in a zero (0) percent protest by area.

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

7. PUBLIC HEARING: ZONING (C9-98-25) STARR PASS AND MOUSSA – STARR PASS BOULEVARD, SR AND R-1 TO C-1 AND R-1 TO SR, ZONING EXAMINER'S REPORT (CONTINUED FROM THE MEETING OF OCTOBER 11, 1999)

(a) Report from City Manager OCT25-99-561 WI

(b) Report from Zoning Examiner dated November 13, 1998

(c) Hearing on a continued public hearing for property located within the Starr Pass Development adjacent to Starr Pass Boulevard approximately one mile west of the Shannon Road alignment and approximately one-third to one mile south of the Broadway Boulevard alignment. The recommendation of the Zoning Examiner was appealed by an adjacent property owner and the case scheduled for consideration by Mayor and Council at a public hearing on February 22, 1999. Due to the number of issues raised by the neighborhood regarding density, traffic and the use of existing recreational facilities, the applicant requested that the public hearing be continued to a future undetermined date. None of these issues have been adequately addressed in the revised information provided by the applicant. The Planning Department originally recommended approval of SR and C-1 zoning for the entire rezoning site (approximately 77.2 acres and 486 casitas), subject to certain conditions. The Zoning Examiner also recommended approval of the request subject to certain conditions. A number of concerns were raised by City staff and adjacent property owners including noncompliance with previous conditions of an earlier rezoning case relating to street improvements. The concerns raised in the original hearing(s) have not been adequately addressed except for the overall reduction in area and number of units. The deletion of the Moussa property and Block 17 now raises additional issues regarding access and the future development of those properties which need to be adequately reviewed and addressed prior to further Mayor and Council action. The City Manager recommends that the Mayor and Council remand the rezoning request back to the Zoning Examiner for a new public hearing on the revised application.

A total of zero (0) written approvals and 275 written protests were originally received. An additional protest has been received from Mr. Albert Moussa, owner of the Moussa property. This new protest effects the original protest area and levels. Thirty-nine (39) of the protests are located within the 300-foot notification area and thirteen (13) of those protests are located within the 150-foot notification area. This now results in a 75 percent protest by area to the south, a 5 percent protest to the east, and a zero (0) percent protest to the west and north.

A ¾ majority vote of the Mayor and Council will be necessary to adopt an ordinance once the conditions of rezoning have been met.

8. PUBLIC HEARING: PROPOSED TANQUE VERDE TRAILS ANNEXATION DISTRICT

(a) Report from City Manager OCT25-99-558 WII

(b) Hearing

9. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager OCT25-99-557 CITY-WIDE

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

11. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, November 1, 1999, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.