[NOTE: CONSENT AGENDA ITEM 3-N HAS BEEN ADDED AND REGULAR AGENDA ITEM NO. 7 HAS BEEN AMENDED.]

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Reverend Sharon Ragland, First Church United Methodist

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

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. FINANCIAL PARTICIPATION AGREEMENT: WITH PROJECT Y.E.S. FOR THE EXPLORING OUR FUTURE PROGRAM

(a) Report from City Manager FEB14-00-95 CITY-WIDE

(b) Resolution No. 18506 relating to finance; approving and authorizing the Financial Participation Agreement between the City of Tucson and Project Y.E.S. for the Exploring Our Future Program.

5. PUBLIC IMPROVEMENT: PANTANO WASH, NORTH OF BROADWAY BOULEVARD DISTRICT BANK PROTECTION IMPROVEMENT

(a) Report from City Manager FEB14-00-93 WII

(b) Declaration of Bids received by City Clerk and the Superintendent of Streets on January 19, 2000. Recommendation for award of contract provided by Superintendent of Streets.

(c) Award of Construction Contract to The Ashton Company.

6. SPECIAL EXCEPTION LAND USE PUBLIC HEARING: APPEAL OF THE ZONING EXAMINER'S DECISION, U.S. WIRELESS COMMUNICATIONS - 1112 E. SIXTH STREET, C-1 ZONE (SE-99-37)

(a) Report from City Manager FEB14-00-96 WVI

(b) Hearing on an appeal of the Zoning Examiner's decision to approve a Special Exception Land Use request for a new Commercial Services - Communications use at 1112 E. Sixth Street. The applicant is Ms. Karla Richards of the McKenzie Telecommunications Group on behalf of U.S. West Wireless Communications. The appeal to the Mayor and Council is from Mr. Matthew Somers, a party of record in this matter

The site is located on the south side of Sixth Street between Fremont Avenue and Santa Rita Avenue and is currently zoned C-1. The preliminary development plan is for a new thirty-four (34) foot tall parking lot lightpole containing a fully concealed telecommunications antennae. The applicable Tucson Land Use Code (LUC) section is 3.5.4.20.F.1.

The Zoning Examiner held a public hearing on December 8, 1999. The Examiner approved the Special Exception Land Use request for a new Commercial Services - Communications use, subject to certain conditions. The City Manager recommends the Mayor and Council uphold the Zoning Examiner's decision to approve the Special Exception Land Use request for a new Commercial Services - Communications use with the following conditions as recommended by the Zoning Examiner.

1. A Site Plan, in substantial compliance with the preliminary development 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 height of thirty-four (34) feet.

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

d. Antennae to be completely contained within the diameter of the pole.

e. Parking lot light fixture to be shielded and directed down and away from any residential development.

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

3. One year to complete all Code requirements and conditions of the Special Exception.

7. PUBLIC HEARING: ZONING (C9-99-24) MURPHEY GROOM TRUST - BROADWAY BOULEVARD, R-1 TO O-2, ZONING EXAMINER’S REPORT

(a) Report from City Manager FEB14-00-100 WVI

(b) Report from Zoning Examiner dated January 21, 2000. An appeal of the Zoning Examiner's recommendation was filed by a party of record on January

ADDED 18, 2000, requesting additional consideration by the Mayor and Council. The Land Use Code (LUC) requires that Mayor and Council consideration of the appeal take place in a public hearing; therefore, this item is scheduled as a public hearing.

* * *

8. PUBLIC HEARING: ZONING (C9-90-17) ENIGMA PROPERTIES - IRVINGTON ROAD, C-2 ZONE CHANGE OF APPROVED DEVELOPMENT PLAN AND ORDINANCE ADOPTION

(a) Report from City Manager FEB14-00-101 WI

(b) Hearing on a request to consider a change of development plan for a previously approved rezoning case. Applicant: Mr. Frank Bangs of Lewis and Roca LLC, on behalf of the property owner, Irvington-Prescott, LLC, and the developer, the Barclay Group. The development plan is for the West Point Crossing Shopping Center located on approximately 52.2 acres at the southwest quadrant of Interstate Highway I-19 and Irvington Road. The revised development plan proposes reducing the originally approved gross floor area of 588,000 square feet to approximately 515,000 square feet including two (2) large retail establishment buildings over 100,000 square feet and redesigning the retail buildings.

A public hearing is required because the request has been determined to be a substantial change of the originally approved concept plan/development plan. A change to an approved concept plan/development plan that proposes an addition or an amendment to a large retail establishment (Big Box) must be approved by the Mayor and Council through the standard change of concept plan/development plan process. The Mayor and Council may address, and the revised concept plan/development plan should address, all of the criteria for large retail establishments in determining whether to grant the change of concept plan/development plan or in the imposition of additional conditions. As part of the change of concept plan/development plan review process, the Mayor and Council has the authority to waive any or all of the performance criteria for large retail establishments they may deem necessary or appropriate.

The Planning Department recommends approval of the proposed revisions to the West Point Crossing Shopping Center development plan, a waiver of the performance criteria that requires a two-hundred (200) foot or greater setback requirement from residentially zoned properties on the east and west, and adoption of the ordinance presented, subject to certain revised conditions of rezoning. The City Manager recommends approval of the revisions to the West Point Crossing Shopping Center development plan, a waiver of the performance criteria that requires a two-hundred (200) foot or greater setback from residentially zoned properties on the east and west, and adoption of the ordinance presented, subject to the following revised conditions of rezoning.

1. An approved development plan, in substantial compliance with the preliminary development plan, is to be submitted for review and approval in accordance with Section 5.3.823-409 of the Tucson Land Use Code (LUC), including, but not limited to:

a. all landscaping to be drought tolerant and/or native vegetation, consisting of trees, shrubs, and groundcover incorporating xeriscape design and water conservation techniques;

a. compliance with large retail establishment performance criteria in LUC Section 3.5.9.7, except for required setbacks from residentially zoned properties on the east and west;

b. a pedestrian system of concrete or brick sidewalks which connect all pads, parking areas, and public streets;

b. The revised development plan shall include all areas of the original rezoning case including the existing McDonald’s and Home Depot development.

c. all mechanical equipment, outside storage areas, and dumpster locations to be screened;

cd. project signage within the Freeway Sign DistrictSystem Sign Zone to be incorporated into the proposed enhanced landscape areas, as indicated on the submitted concept plan;

de. billboards prohibited;

ef. all signage limited to those identifying the name, business, and products of the person or firm occupying the premise and those offering the premises for sale or lease; and

fg. signage prohibited from building exteriors exposed to I-19 and the linear park, which is to be consistent with the Sign Code.

2. Installation of fire hydrants to comply with the Tucson Fire Code.

3. A bus stop constructed to Sun Tran specifications, and to provide for shade trees and this development is to have uniformity of architectural design, materials, and signage.

4. The number of drive-through facilities to be determined by the City Traffic Engineer with the design and location reviewed for safety, accessibility, and stacking requirements, per adopted Mayor and Council policy.

5. A drainage report shall be submitted for review and approval including details of detention/retention.

6. Dedication of all necessary drainageways as per the approved drainage report.

7. Compliance with all current floodplain regulations demonstration of compliance with the Interim Watercourse Improvement Policy to the satisfaction of the City Engineer. Bottom of wash to be left in natural state.

8. Formalize the vacation request for Calle Santa Cruz Place right-of-way. A new ingress/egress easement over the project's P.A.A.L. system to the existing well site must be identified on the plan and dedicated acceptable to Tucson Water.

9. The northernmost access to Calle Santa Cruz a minimum of 150 feet from the Irvington Road and Calle Santa Cruz intersection.

10. Access to Irvington Road limited to the three access points (with westernmost access a minimum of 200 feet from the Irvington Road and Calle Santa Cruz intersection.

11. Installation of a right-turn lane along Irvington Road to serve the main (easterly) Irvington Road entrance.

12. Closure of rezoning case C9-85-51.

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

14. An enhanced landscape scheme, including, but not limited to, the following elements:

a. canopy trees and shrubs at a minimum of one tree per 400 square feet and one shrub per 50 square feet in a minimum 20 foot wide area adjacent to I-19;

b. native trees, shrubs, cacti, hydroseeded flowers, and ground-covers along the drainage channel along Irvington Road;

c. trees, shrubs and ground-covers at a minimum of one tree per 500 square feet and one shrub per 40 square feet along the Irvington Road frontage;

d. drought-tolerant vegetation with a minimum of one tree per 100 square feet and one shrub per 30 square feet in a minimum 20 foot wide area along Calle Santa Cruz adjacent to the Santa Cruz Linear River Park;

e. landscaped areas with a minimum of one tree per 500 square feet and one shrub per 50 square feet throughout the project site; and

f. canopy trees in the landscaped areas around the drive-through areas.

15. Three years to comply with all Code requirements and conditions of rezoning.

15. An on-the-ground survey by a qualified archeologist shall be performed before any ground modification, and if any remains are found, a data recovery program approved by the Arizona State Museum shall be performed.

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

17. Water harvesting techniques shall be utilized by conveying rooftop, parking area access lane (PAAL), and parking area drainage to designated water harvesting areas.

18. Any required or proposed masonry screen walls shall be 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.

19. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.

20. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.

(c) Ordinance No. 9351 relating to zoning: Amending conditions on property located in the vicinity of the southwest corner of Interstate Highway I-19 and Irvington Road in Rezoning Case No. C9-90-17 Enigma Properties - Irvington Road, and Superseding Ordinance No. 8384.

At the time of the last Mayor and Council action on October 24, 1994, there were three (3) written approvals and two (2) written protests. All of the approvals and protests were located within the 150 foot notification area. Because of the age of the case, the approval/protest map and individual protest and approval forms are no longer available.

A simple majority vote was required to adopt the original ordinance in 1994, so a simple majority vote will be necessary for the Mayor and Council to approve the proposed revisions to the West Point Crossing Shopping Center development plan. Since an ordinance for this case was originally adopted by Mayor and Council, a new ordinance is being forwarded for adoption, should the Mayor and council choose to approve this request.

9. PUBLIC HEARING: EL CON MALL REDEVELOPMENT, CHANGE IN THE CONDITIONS APPROVED FOR REZONING; RECONSIDERATION OF RESOLUTION NO. 18306; ADOPTION OF DEVELOPMENT AGREEMENT AND MODIFICATION OF RESOLUTION NO. 18306; ADOPTION OF AMENDED REZONING CONDITIONS (CONTINUED FROM THE MEETING OF JANUARY 24, 2000, WHICH WAS INTERRUPTED DUE TO THE LACK OF A QUORUM)

(a) Reports from City Manager FEB14-00-103 and JAN24-00-37(2) WVI

On January 24, 2000, the Mayor and Council voted to reconsider Resolution 18306 but did not take any further action. The matters that are now before the Mayor and Council are the following.

(b) Hearing to consider the proposed development agreement with the owners of the El Con Mall and the change of conditions for approval of rezoning cases C9-56-01, C9-74-34 and C9-88-12.

(c) Resolution No. 18489 relating to adoption of the El Con Mall Development Agreement and establishing compliance with Resolution 18306, and conforming Resolution 18306 to the El Con Mall Development Agreement.

(d) Ordinance No. 9345 relating to planning and zoning; amending conditions for approval in cases C9-56-01 (Ordinance 1654), C9-74-34 (Ordinance 4244) and C9-88-12 (Ordinance 7892) and declaring an emergency.

The City Manager recommends that the Mayor and Council determine whether to proceed with the adoption of measures to provide for the mitigation of the redevelopment of the El Con Mall. The adoption of these changes may be by a majority vote of the Mayor and Council.

10. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager FEB14-00-94 CITY-WIDE

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

12. ADJOURNMENT

The next regularly scheduled meeting of the Mayor and Council will be held on Monday, February 28, 2000, at 7:30 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.