Mayor and Council Agendas for

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Jim Howard, Tucson Baptist Temple

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

3. CONSENT AGENDA - ITEMS A THROUGH H

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. FINANCE: CONTINGENCY FUND TRANSFER FOR THE HOT TOPICS/COOL SOLUTIONS WORKSHOP

(a) Report from City Manager NOV2-98-607 CITY-WIDE

(b) Resolution No. 18156 relating to finance; approving and authorizing the transfer of five-thousand ($5,000) dollars from the contingency fund to organization 001-183-1838-268, for the Hot Topics/Cool Solutions Workshop.

5. FINANCE: CONTINGENCY FUND TRANSFER FOR THE MORRIS K. UDALL FOUNDATION DEDICATION CEREMONY

(a) Report from City Manager NOV2-98-608 CITY-WIDE

(b) Resolution No. 18157 relating to finance; approving and authorizing the transfer of five-hundred sixty-four ($564.00) dollars from the contingency fund to organization 001-183-1838-268, for the Morris K. Udall Foundation.

6. FINANCE: CONTINGENCY FUND TRANSFER FOR THE PIMA COMMUNITY COLLEGE/TUCSON NEWSPAPERS JOB FAIR FOR TUCSON CONVENTION CENTER PARKING FEE WAIVERS

(a) Report from City Manager NOV2-98-613 CITY-WIDE

(b) Resolution No. 18164 relating to finance; approving and authorizing the transfer of twelve thousand ($12,000) dollars from the contingency fund to organization 001-183-1838-268, for the Greater Tucson Community 14th Annual Job Fair for TCC parking fee waivers.

7. ZONING: (C9-98-21) PULTE HOMES - OLD SPANISH TRAIL, SR TO R-1, ZONING EXAMINER'S REPORT (CONTINUED FROM THE MEETING OF OCTOBER 5, 1998)

(a) Report from City Manager NOV2-98-609 WIV

(b) Report from Zoning Examiner dated September 11, 1998

(c) Request to rezone approximately 19.55 acres from SR to R-1 zoning. The rezoning site is located in the triangular area between 22nd Street, Old Spanish Trail, and the Discovery Ridge Subdivision. Applicant: Ms. Linda Morales of The Planning Center, on behalf of the property owners Pulte Homes. The preliminary development plan is for 61 one-story single-family residences on 19.55 acres utilizing the Residential Cluster Project (RCP) option for a density of 3.12 units per acre. The Planning Department recommends approval of R-1 zoning, subject to certain conditions. The Zoning Examiner recommends 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 and the Environmental Resource Report, is to be submitted and approved in accordance with Section 4.1.1 of the LUC, including, but not limited to:

a. All of the 100-year floodplain area of the Hidden Hills Wash and the unnamed tributary shall be preserved in its natural state and designated as natural open space, except for the street crossings. The natural open space shall be so designated in a surveyable manner on the tentative and final plats and referred to in the CC&Rs. Activities permitted in the natural open space include maintenance, vegetative enhancement and pedestrian recreation.

b. A minimum forty (40) foot wide landscape buffer, with a design sensitive to the character of Old Spanish Trail east and south of this property and consistent with the City of Tucson Scenic Routes requirements, shall be provided adjacent to the Old Spanish Trail right-of-way. The existing vegetation shall be preserved, except at street intersections, and supplemented with native vegetation as needed.

c. A landscape buffer, with a minimum width of 10 feet and averaging at least 30 feet in width shall be maintained and enhanced adjacent to the 22nd Street right-of-way, preserving existing vegetation to the maximum extent possible and supplementing it with native vegetation as needed, except at street intersections.

d. A landscape buffer, with a minimum width of 30 feet, shall be maintained and enhanced adjacent to the east boundary, preserving existing vegetation to the maximum extent possible and supplementing it with native vegetation as needed.

e. All areas identified as natural open space or other designated open space are to be fenced off and protected prior to any on-site development activity.

f. A conservation easement, prohibiting the destruction or removal of the existing vegetation, is to be recorded with each lot that includes any area of the 100-year floodplain or other designated open space.

g. A maximum of two (2) road crossings of the unnamed tributary and none across the Hidden Hills wash.

h. A maximum of three (3) vehicle access points from the public streets. Every attempt shall be made to eliminate one access point during the final subdivision design.

i. All structures limited to one-story with a mix of building heights varying between 16 and 20 feet to the highest point of the roof.

2. The owner/developer shall dedicate the additional right-of-way for Old Spanish Trail (including intersection widening) and 22nd Street per the Major Streets and Routes Plan, and a 30 foot radius spandrel at the southeast corner of Old Spanish Trail and 22nd Street.

3. The owner/developer shall install an interim continuous left turn lane, including appropriate transitions, on Old Spanish Trail to accommodate vehicles turning left into the proposed access points.

4. In lieu of the installation of an additional lane of pavement, curb, and sidewalk along the Old Spanish Trail and 22nd Street frontages of the property, the owner/developer shall contribute $625 per lot to an escrow account to cover the future costs of same. This contribution shall satisfy the future improvement district obligations of the property.

5. The owner/developer shall improve, or contribute their fair share of the modification costs of, the Old Spanish Trail bike lane as determined appropriate by the Pima County Parks and Recreation Department.

6. The owner/developer shall contribute to an escrow account a 25 percent share of the cost of a future (100-year storm event capacity) box culvert/drainage structure to be located on 22nd Street at the Hidden Hills Wash drainage crossing.

7. A drainage report shall be submitted and approved addressing retention/detention.

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

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

10. An on-the-ground archeological survey shall be conducted, including a data recovery program if cultural remains are found, prior to the approval of the tentative plat. No land modification shall occur contrary to the recommendation of the report.

11. 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. 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.

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

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

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

Seven (7) written approvals and fifty-six (56) written protests have been received. One (1) protest is within the 150 foot notification area resulting in a 5.8 percent protest by area to the east and zero percent protest to the north, south and west.

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.

8. COMMUNITY SERVICES: AUTHORIZING THE USE OF SECTION 8 OPERATING RESERVES FOR LOAN TO MIRACLE SQUARE, INC. TO ASSIST IN PROVIDING AFFORDABLE HOUSING

(a) Report from City Manager NOV2-98-612 WIII & WVI

(b) Resolution No. 18160 relating to community services; approving the expenditure of Section 8 operating reserves to be used as a loan to Miracle Square, Inc.

9. APPEAL: (S-98-12) APPEAL OF SIGN CODE ADVISORY AND APPEALS BOARD DECISION - 1056 S. FREEWAY (CITY APPEAL NO. S-98-002)

(a) Report from City Manager NOV2-98-617 WI

(b) Applicant/Appellant: Donnelly A. Dybus, Real Estate Manager, Eller Media Company

This is an appeal of a decision of the Sign Code Advisory and Appeals Board to uphold the Building Official's determination that denied their sign permit application. The application sought to lower the height of the existing nonconforming billboard, located at 1056 S. Freeway, from 83 feet to approximately 60 feet.

The Board denied the request to lower the billboard and ordered the billboard removed.

The applicant is now appealing the Board's decision to the Mayor and Council.

10. PUBLIC HEARING: TUCSON CODE AMENDING (CHAPTER 6) ADOPTING PORTIONS OF THE 1997 UNIFORM BUILDING CODE AS LOCAL MODIFICATIONS TO THE 1994 EDITION OF THE UNIFORM BUILDING CODE

(a) Report from City Manager NOV2-98-603 CITY-WIDE

(b) Hearing

(c) Ordinance No. 9155 relating to building safety; amending the Uniform Building Code, 1994 Edition, by amending Tucson Code Section 6-34.

11. PUBLIC HEARING: TUCSON CODE AMENDING (CHAPTER 6) ADOPTING THE 1997 EDITION OF THE UNIFORM CODE FOR BUILDING CONSERVATION, THE 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AND THE 1997 UNIFORM HOUSING CODE WITH PREVIOUSLY ADOPTED LOCAL MODIFICATIONS

(a) Report from City Manager NOV2-98-615 CITY-WIDE

(b) Hearing

(c) Ordinance No. 9154 relating to building safety; amending the Uniform Code for Building Conservation by amending Tucson Code, Section 6-191; amending the Uniform Code for the Abatement of Dangerous Buildings by amending Tucson Code, Section 6-66; and amending the Uniform Housing Code by amending Tucson Code, Section 6-71.

12. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager NOV2-98-611 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, November 9, 1998, at 7:30 p.m., in the Graham/Greenlee Rooms of the Tucson Convention Center, 260 South Church Avenue, Tucson, Arizona.

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