HomeMy WebLinkAboutOV50709 TOWN OF ORO VALLEY
Page 1 of 2
'OUNCIL COMMUNICATION MEETING DATE: September 5, 2007
TO: HONORABLE MAYOR AND COUNCIL
FROM: JOSE RODRIGUEZ, P.E., ENGINEERING DIVISION MANAGER
SUBJECT: Resolution (R) 07 - 98 A Resolution of the Mayor and Council of the Town of Oro
Valley, Arizona, awarding a Public Art Contract in the amount of 1% of the project
costs for professional services to Matthew Moutafis for the La Canada Widening:
Naranja Drive to Tangerine Road Project No. OV 30 04/05 27.
SUMMARY:
The Greater Oro Valley Arts Council (GOVAC), in conjunction with Planning and Zoning Department has
established a Public Art Review Committee (PARC). The Public Art Review Committee makes
recommendations to Town Council for the award of public art work contracts for Town projects. Per Section
6-1-5 Public Arts Provision of the Town Code all new major public construction involving construction costs
greater than $50,000 shall contribute 1% of the project cost towards public art.
On May 17, 2007, the Town partnered with GOVAC to oversee the public artwork advertisement and selection
the artist for the La Canada Widening: Naranja Drive to Tangerine Road Project. On June 18, 2007, Public
Works staff met with Michael Patch of GOVAC to interview artists who submitted proposals for the project.
The two selected artists of GOVAC to be interviewed included John W. McCrea and Matthew Moutafis. The
committee unanimously selected Matthew Moutafis as the artist recommended for presentation to the PARC.
On August 6, 2007 the PARC met to review Matt Moutafis' proposal. After review, the committee
recommends to Town Council that Matthew Moutafis be awarded the contract to provide Public art work for the
project. Attached is the letter of approval and recommendation from PARC.
The artist will be working with the project design team to come up with the appropriate artwork for the project.
The cost of the artwork will be approximately $50,000 - $60,000 depending on the final bid awarded for the
construction contract.
RECOMMENDATIONS:
Public Works staff in conjunction with GOVAC and the PARC recommend the award of a Public Art Contract
in the amount of 1% of the project cost for professional services to Matthew Moutafis for the La Canada
Widening: Naranja Drive to Tangerine Road Project.
FISCAL IMPACT:
Funding for this project is available from budgeted Pima Association of Government (PAG) & Town Wide
Roadway Impact Funds from the FY07/08.
TOWN OF ORO VALLEY
Page 2 of 2
'OUNCIL COMMUNICATION MEETING DATE: September 5,2007
ATTACHMENTS: Resolution (R) 07 -98
Letter of Recommendation from PARC
Art Proposal submitted by Matthew Moutafis
Copy of Town Standard Public Art Contract
SUGGESTED MOTIONS:
The Town Council may wish to consider the following motion:
I move to approve the Resolution (R) 07- 98 awarding a Public Art Contract in the amount of 1% of the
project cost to Matthew Moutafis for professional services for the La Canada Widening: Naranja to Tangerine
Road Project No. OV 30 04/05 27.
OR
•
I move to deny Resolution (R) 07 - 98 awarding a Public Art Contract in the amount of 1% of project cost to
Matthew Moutafis for professional services for the La Canada Widening: Naranja to Tangerine Road Project
No. OV 30 04/05 27.
1/
J,00 od .guez, P. Eng iv Ma
Cra. Civ 'er,P.E., To Engineer
4.,„,„_„4.t,,,,)
aJere e Watson, Assistant Town Manager
n,a
' ar-a-14.4-4--
David Andrews, Town Manager
RESOLUTION NO. (R) 07-98
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, AWARDING A PUBLIC ART CONTRACT IN
THE AMOUNT OF 1% OF THE PROJECT COST FOR PROFESSIONAL
SERVICES TO MATTHEW MOUTAFIS THE LA CANADA WIDENING:
NARANJA DRIVE TO TANGERINE ROAD PROJECT NO.OV 30 04/05 27
WHEREAS, public art within the Town's right of way is necessary, in the interest of providing
aesthetics for the Town of Oro Valley ; and
WHEREAS, the Town Council deems it necessary, in the interest of providing aesthetics for the
Town of Oro Valley, to authorize the Mayor to contract with Matthew Moutafis for professional
services for public artwork for the La Canada Drive:Naranja Drive to Tangerine Road Project No.
OV 30 04/05 27.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF
THE TOWN OF ORO VALLEY,ARIZONA:
That the Mayor is authorized to contract with Matthew Moutafis for professional services for public
artwork for the La Canada Drive: Naranja Drive to Tangerine Road Project No. OV 30 04/05 27.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,Arizona
this 5th day of September, 2007.
TOWN OF ORO VALLEY,ARIZONA
ar.
:1
Paul H. Loomis, Mayor
ATTEST:
4
Kathryn E. Cuvelier, Town Clerk
APPROVED AS TO FORM:
/1/ 7
Meli da Ga , own Attorney
1
J o,LEYy
�f# TOWN OF ORO VALLEY
® !cep: , . = PLANNING AND ZONING DEPARTMENT
11000 N.La Canada Drive,Oro Valley,AZ 85737
^; ® (520)229-4800• Fax(520)742-1022
�°UNDED 1g1
August 8, 2007
Matthew Moutafis
10707 N. Pomegrante Dr.
Oro Valley, AZ 85737
RE: OV5-07-09,Public Art for the La Canada Drive road improvement project, located
between Naranja Drive and Tangerine Road.
Dear Matthew,
Thank you for submitting the public art proposal for this project. At their regularly
scheduled meeting of August 6, 2007, the Public Art Review Committee (PARC) voted
(4-0)to forward the art proposal to Town Council for review. There were no conditions
specified.
At this time, the project-will be scheduled for the August 14, Town Council meeting.
Please let me know at 229-4817 if you should have any questions.
Sincerely,
jCi\j\A):Id16
David Ronquillo
Senior Planner
Cc: Shirley Gay
File
F:\OV\OV5\2007\0\75-07-09\PARCrecommendation8-6-07.doc
www.townoforoval ley.com
TOWN OF ORO VALLEY
PLANNING&ZONING DIVISION
11,000 N.LA CANADA DR,ORO VALLEY AZ 85737
Phone: (520)229-4800 Fax:(520)742-1022
APPLICATION FOR PUBLIC ART REVIEW «I U L 1 6 2007
NOTE: PUBLIC ART REVIEW COMMITTEE(PARC)
• MEETS THE 1sT MONDAY OF THE MONTH
DATE: 7/7/D7
OV CASE NO.: OV5 �-OI _0 (office use only)
PROJECT: 7/706612A t 4-CA - 4z2 PW
LOCATION: tr?- 2
APPLICANT: /M l
ADDRESS: / iôEZ ,
PARCEL NUMBER: —
TELEPHONE N .: p� FAX NO.:
PROPERTY OWNER: 7221VA) Q/ z9/2 1/2.a.kftia)
ADDRESS: ,/ D / 'C /G • //,e) r
PHONE NO.: �� 1/
PROJECT ARTIST: I-`/ //4/ 1i)?-7/7Q1,
ADDRESS: / ,C)/74440-1/1 ._
r
PHONE: — - e s-737
SIGNATURE: •
NOTE: This application mus be accompanied by the following to be deemed complete:
• Eight(10)copies of the evelopment and Landscape Plans, 11" x 17" in size, each to include the exact location of the
public art
• Eight(10)copies of colored renderings or photographs,8.5"x 11"in size,with discernable dimensions. Each side of the
public art must be depicted.
• Eight(10)copies of the Artist's Biography
• One(2)copy of the Building Construction Bid
• One(2)copy of the Artist contract that specifies total cost of the finished piece.
• One(2)copy of Structural Engineering Specifications,if necessary.
• Fees
• Please note: A re-submittal will be due for Town Council meeting and we will need 28 copies of the Development Plan,
Landscape Plan.Colored renderings,artist biography,construction bid,artist contract. See calendar for submittal dates.
Applications will not be accepted without all required materials.
SUBMITTALS MUST BE RECEIVED BY THE PLANNING DEPARTMENT AT LEAST 14 (FOURTEEN) CALENDAR
DAYS IN ADVANCE OF THE DESIRED PARC MEETING DATE.
Proposal
to
THE TOWN OF ORO
VALLEY
La Canada Road Project
Naranja / Tangerine Road
Submitted by
Matthew Moutafis
Oro Valley Artist
June 15 , 2007
As an artist living less than one mile from the proposed project, I am excited at the prospect of
contributing visually to this roadwork project.
Over the past ten years I have designed, fabricated, and produced more public art in Oro Valley
than any other artist living in the town.
I am qualified and ready to serve my community in cooperation with town staff and consultant
engineers to create public art that is unique, environmentally sensitive and neighborhood
friendly.
Although I have created many privately funded art projects throughout Oro Valley, I have not
had the privilege of creating public art for the town itself. I look forward to this challenge and
opportunity to showcase my work in partnership with town officials.
Public Art created in Oro Valley
• The Town of Oro Valley Logo
• Dancing Geckos/Home Depot Plaza
• Mosaic Murals/Golder Ranch Fire Station: Rancho Vistoso
• Pusch Ridge Majesty/Big Horn Sheep Bronze: The Town of Oro Valley Government
Complex
• Oro Valley Heritage Mural/Town Council Chambers
• Mountain Lion Statue/Dr. M. Linaker Dental Clinic, Oro Valley
• La Canada/Lambert Lane Golder Ranch Fire Station Mosaic Mural
2
As an artist living less than one mile from the proposed project, I am excited at the prospect of
contributing visually to this roadwork project.
Over the past ten years I have designed, fabricated, and produced more public art in Oro Valley
than any other artist living in the town.
I am qualified and ready to serve my community in cooperation with town staff and consultant
engineers to create public art that is unique, environmentally sensitive and neighborhood
friendly.
Although I have created many privately funded art projects throughout Oro Valley, I have not
had the privilege of creating public art for the town itself. I look forward to this challenge and
opportunity to showcase my work in partnership with town officials.
Public Art created in Oro Valley
• The Town of Oro Valley Logo
• Dancing Geckos/Home Depot Plaza
• Mosaic Murals/Golder Ranch Fire Station: Rancho Vistoso
• Pusch Ridge Majesty/Big Hom Sheep Bronze: The Town of Oro Valley Government
Complex
• Oro Valley Heritage Mural 0 Town Council Chambers
• Mountain Lion Statue/Dr. M. Linaker Dental Clinic, Oro Valley
• La Canada/Lambert Lane Golder Ranch Fire Station Mosaic Mural
2
After careful review of materials supplied in the bid request packet, I have narrowed
the location areas for public art to three locations. They will be discussed in priority
consideration as to my first, second and last choice locations.
1. A screen wall between Crystal Vision Street and Scioto Avenue. The slump block wall is
approximately 1100 feet long and six feet high and visually calls out for artistic treatment. It
is long, plain, and can be enhanced and turned into a visually very beautiful wall formation.
It also faces the Copper Creek home development. Copper Creek residents will face this
enormous slump block wall as they egress from their neighborhood at Foxfire Street.
Canada Hills development homeowners will encounter this large wall heading south as they
egress from Scioto Avenue; an area behind this wall is part of the Canada Hills Golf Course.
In other words, it's big, long, and needs art in a very big way. That is why I have chosen this
as my primary focal point for art and am basing my proposal into turning this wall into a
real visual gem. Unfortunately the budget isn't large enough to do allot more but, there are
possibilities.
2.The area that seems a likely area for aesthetics is the east side of the street opposite the wall
I have mentioned above. Currently there is a two level split embankment wall with metal
kokopelli art motifs attached which end abruptly and is overtaken with brush and vegetation
to the north. From the packet supplied, I understand that this area is to be redone. How the
existing retaining wall will merge with a new one will need to be clarified. But I have
chosen this area second because it's a retaining wall that backs up to Copper Creek homes.
It isn't as significant a visual problem as the west side wall mentioned above.
3
3. I have always felt that all entrances into neighborhoods should be enhanced as it is the
first visual as you leave in the morning and the last visual as you return home in the
evening. It's very pleasing to drive by a beautiful piece of art or artistic wall treatment as
you enter or exit your development.
Unfortunately as I stated earlier, the budget does not allow to do it all! However, there is
enough to make an impact on this roadway and enhance the neighborhoods with intelligent,
creative and dynamic art. .
4
6014Fs Ped-i9(
1. The Town of Oro Valley Logo
2. Mosaic Murals. Golder Ranch Fire District, Rancho Vistoso
3. Heritage Mural. Town of Oro Valley Town Council
Chambers
4 A. "Dancin Geckos" Sculpture. Home Depot Plaza, First
Avenue & Oracle Road
4 B. "Dancin Geckos" Sculpture. Detail
5. "Pusch Ridge Magesty". Bronze Sculpture. Town of Oro
Valley Government Complex
6. "The Paws That Refreshes". Mountain Lion Sculpture.
Dr. Linnaker Office
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Matthew Moutafis
10707 N. Pomegranate Drive
Oro Valley, Arizona 85737
(520) 245-4317
Matthew Moutafis was born in New York City and graduated from the School of Visual Arts, and Pratt
Institute in New York, where he studied fine art and illustration, and received his BA degree in fine
arts.
Mr. Moutafis has received many awards in career as an artist and art director, including the Art
Director's Show Award in Dallas/Ft. Worth, Los Angeles, Denver, Phoenix, and Tucson. Other major
accomplishments include New York City's Alexander Award and the American Institute of Graphic
Artist's Award.
Some of the companies that Mr. Moutafis has contributed his creative talents to include Up With
People, Valley National Bank, Union Bank, PepsiCo International, JC Penneys, General Electric,
Home Savings and Loan, TEC, Inc., Tucson Unified School District, The University of Arizona, and
the Tucson Convention Center. Mr. Moutafis has also taught various painting classes through The
University of Arizona Continuing Education and Pima County Parks and Recreation classes.
His latest public arts commissions include the following pieces:
"Dancin Geckos" for the Home Depot Corporation, Atlanta, Georgia . Oro Valley location;
"Pusch Ridge Majesty", bronze statue for the Oro Valley Government Complex;
"Oro Valley Heritage Mural", a 10 x 40 foot fine art mural depicting the past, present, and future of
Oro Valley; and
"Tools of the Trade", a series of 5 mosaic panels for the Golder Ranch Fire District Rancho
Vistoso Firehouse.
"M. Lee Starr Memorial Muria!" 8'xl6' for the TUSD Lee Starr Learning Center.
"The Pause That Refreshes" Catalina Mountain Lion for Dr. Matthew Linaker Dental Building.
Magee& Oracle Road.
Golder Ranch Fire Station: Lambert Lane& La Canada. Mosaic Mural Project in progress;
completion January 2008
Mr. Moutafis's art shows his love for the southwest and his fascination and passion for beauty.
In spring 2001 he was awarded the First Place prize for his painting, "The Face Painters: Oro Valley
25a' Anniversary Celebration", at the First Annual Oro Valley Fine Arts Competition sponsored by the
Town of Oro Valley through the Greater Oro Valley Arts Council.
Awards:
New York City St. Gauden's Fine Arts Medal 1957
Awarded to a Fine Arts Graduate
New York City Schools
Best of Show Phoenix Art Directors Show 1961
Denver Art Directors Show 1962
Dallas/Ft.Worth Art Directors Show 1963
First Place Denver 1963
Phoenix 1964
1
Dallas/Ft. Worth 1965
Tucson 1968
Pima County 1970
Phoenix 1970
State of Israel 1972
(Art of Israel)
Tucson Art Directors Club 1974, 1976
Pima County Fair— Ceramics 1980
First Place Oro Valley Fine Arts Fair 2001
"Face Painters--Oro Valley 25th Anniversary Celebration"
First Place "Prize Blanket" Oil April 2002
Oro Valley Jazz and Art Festival
Invitational Mountain Oyster Club Exhibit / Sale November 2005
Mountain Oyster Club Exhibit / Sale November 2006
Professional Organizations:
Member: National Society of Art Directors
Society of Illustrators—New York City
Scottsdale Arts Guild
Hellenic Fraternal Organization—AHEPA
Founder Southern Arizona Arts Guild April 2002-January 4, 2003
President
Founder Artists Alliance of Southern Arizona March 2003 —October 2004
References:
U.S. Congressman from Arizona
Raul Grijalva (520) 622-6788
Richard Martinez, Attorney (520) 327-4797
Richard Fineberg (520) 797-2281
2
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CONTRACT AGREEMENT
FOR
PUBLIC ART
This Agreement entered into this day of , 2007, by and between the
Town of Oro Valley, Pima County, Arizona, a Municipal Corporation and body politic of the State
of Arizona, hereinafter referred to as "TOWN," and Mathew Moutafis, hereinafter referred to as
"CONTRACTOR," for obtaining artistic services for the purpose of designing, fabricating, and
installing public art at the La Canada Drive: Naranja Drive to Tangerine Road Project No. OV 30
04/05 27.
WITNESSETH
WHEREAS,pursuant to Oro Valley Town Code § 6-1-5 and Oro Valley Zoning Code
Revised § 4-504,the TOWN is vested with the authority to require public art for all new
construction projects, as well as all existing developments that propose 25% or more expansion
and/or change in use shall contribute 1%of the construction cost towards public arts projects;
and
WHEREAS, the TOWN desires to obtain the service of the CONTRACTOR as artist and
not as an employee of the Town; and
WHEREAS, CONTRACTOR desires to contract with the TOWN to perform such
services.
NOW, THEREFORE, the TOWN and the CONTRACTOR, in consideration of the
mutual promises as hereafter set forth,mutually agree as follows:
I. PROJECT CONCEPT/SCOPE OF SERVICES
In accordance with the TOWN's Public Art ordinance, the Department of Public Works, designates
CONTRACTOR as artist and design team member to work with consulting engineers, landscape
architects, TOWN staff, and others as required to design and produce artwork for La Canada Drive:
Naranja Drive to Tangerine Road Project No. OV 30 04/05 27.
A. project.
1
B. CONTRACTOR will design, produce, and install artwork that will be incorporated
into the development of
C. CONTRACTOR will work with project engineers and other professional team
members to establish basic design themes. CONTRACTOR will also work with the
design team to define art elements that will be incorporated into the artwork to be
produced and installed by the artist CONTRACTOR. Considerations will include
basic issues such as color, form, and pattern, and the manner in which art elements
are incorporated with the
development. CONTRACTOR will incorporate imagery that relates to:
D. CONTRACTOR will provide construction materials and labor for the
framing/casting/sculpting of the artwork. The artwork will be constructed of
materials.
CONTRACTOR will also consult with a designated TOWN representative for the
review and approval of such materials. The chosen art elements will be incorporated
into construction specifications. In the event of dispute or lack of consensus within
the design team, the TOWN Engineer, or designee, will make a determination
regarding the extent of or method by which CONTRACTOR's design elements are
incorporated into construction of the project. If requested, CONTRACTOR will
modify design features based upon risk review recommendations.
E. CONTRACTOR will be available to participate in community meetings associated
with this project to engage in dialogue with the public concerning artistic concepts
and design elements for the project.
F. Within twenty (20) working days of signing this contract, CONTRACTOR must
submit to the TOWN Engineer, or designee, for review and approval working
drawings, a schedule, and detailed outline of planning, design and fabrication
deadlines. CONTRACTOR must submit progress reports and note any changes or
delays in the above-mentioned schedule. All schedules and outlines, including
revisions, must be submitted, in writing, to the TOWN Engineer or designee. The
drawings will include evidence of review by a professional engineer and will specify
the method and means of providing a permanent foundation and/or a secure
installation. If requested, the CONTRACTOR will modify design features based
upon risk review recommendations.
G. During the initial design phase, CONTRACTOR will be paid for allowable costs
including design time and meeting time at $ per hour/principal, travel
expenses, materials for models/presentations, and labor associated with initial design
production. Itemized invoices must be submitted to the TOWN Engineer for
payment. At the conclusion of the initial design phase when art elements for the
project have been substantially determined, the remainder of the design fee will be
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Project#OV 30 04/05 27 Std Public Art K 5.28.2002 16:46:37
payable to CONTRACTOR. With authorization from the TOWN Engineer,
additional funds may be expanded during the design and initial production phases if
needed.
H. At the conclusion of the initial design process, CONTRACTOR will submit to the
TOWN Engineer, or designee, for review and approval a detailed schedule for the
production of artwork elements. The TOWN Engineer or designee, and
CONTRACTOR will subsequently negotiate and finalize any costs that will be
charged to CONTRACTOR's budget for artistic enhancement or modification to
otherwise standard features. To the extent that material, labor, and construction
processes are otherwise included costs of general construction contracts, not portion
thereof will be chargeable to the CONTRACTOR's budget. If these costs are greater
than originally authorized, the modification costs will need to be brought back before
the Mayor and Council for consideration.
I. CONTRACTOR will consult with the TOWN Engineer, or designee, and manage art
processes on-site as the construction schedule warrants. When TOWN approvals
have been secured pertaining to production of artwork, CONTRACTOR will invoice
TOWN for the estimated costs of materials and labor and will initiate studio work,
including modeling, fabrication, and/or casting processes. As needed,
CONTRACTOR may invoice TOWN for addition payments covering project
supervision, materials, and labor up to an aggregate total for the construction phase.
Whenever feasible, CONTRACTOR will coordinate tasks and arrange with project
construction managers for provision of material, equipment or mechanical assistance
for CONTRACTOR'S related work, including but not limited to, forming, pouring,
cutting, setting, and erecting processes. The TOWN Engineer, or designee, will
resolve any disputes arising out of the integration of public art elements in the
construction process.
J. CONTRACTOR will coordinate the installation of the artwork with the TOWN, the
engineer, and/or the general contractor on site. CONTRACTOR is responsible for all
associated costs. CONTRACTOR will also supervise the installation of the artwork.
Artwork will be installed in a manner that is safe and durable.
K. CONTRACTOR shall provide a maintenance protocol to the TOWN. This protocol
will describe how the artwork will be properly maintained and what actions might
become necessary to repair the artwork in the event of damage. A listing of artwork
materials (including brand names of products) and techniques of application are
required as part of the maintenance protocol. The protocol must specify the
frequency of maintenance application, the materials and labor required, and an
estimate of the annual cost of maintenance using labor costs of
Dollars ($ ) per hour and
material costs at local rates. TOWN reserves the right to obtain like materials or
services from local contractors to repair artwork.
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Any changes, additions, or modifications to the CONTRACTOR's Project
Concept/Scope
of Services must be agreed to by CONTRACTOR and the TOWN Engineer and executed in
writing.
H: AMENDMENT
No alteration of this Agreement may be made without the express written approval of the
TOWN in the form of an official Agreement amendment. Any attempt to alter any Agreement
without such approval is a violation of the Agreement and the Town Code. Any such action is
subject to the legal and contractual remedies available to the TOWN as provided by law.
HI: WARRANTY
CONTRACTOR warrants that the artwork is the original product of CONIRACTOR's
own creative efforts. CONTRACTOR agrees that upon delivery,the artwork shall be free and clear
of any liens and claims arising from any source whatsoever. The CONTRACTOR further warrants
that the artwork is unique and will not be physically reproduced in its entirety for installation
elsewhere.
IV: TERM
The CONTRACTOR shall commence work only after receiving the TOWN's Notice to
Proceed from the TOWN Engineer. The CONTRACTOR shall complete all work to the
satisfaction of the TOWN in accordance with the Project Concept/Scope of Services.
V: SCHEDULE
Upon execution of this Contract the CONTRACTOR shall submit to the TOWN Engineer,
or designee, a Project Schedule for all phases of work. The CONTRACTOR agrees to proceed
with work immediately upon being given a Notice to Proceed by the TOWN. The services shall be
completed as expediently as good practices will allow but in any case within months from
the date of execution of this Agreement. In the event that additional time is needed for performance
of this Agreement,the time for completion may be extended by mutual agreement of the parties.
It is estimated that the design, fabrication, and installation phases will continue for a time
period of months. The schedule listed below is approximate and CONTRACTOR
understands that revisions may be made to the Agreement schedule, if needed. This Project
Schedule shall be monitored and updated monthly by the CONTRACTOR as the work progresses,
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and the TOWN must agree to any changes made to the Project Schedule.
1. Design Phase:
2. Construction/Installation Phase:
3. Dedication:
For each half month and any part of any half month after the artwork is not produced and
installed, the TOWN will reduce compensation to CONTRACTOR at the rate of
Dollars ($ )
per half month as liquidated damages. If production and installation of artwork is not completed
by target date, as a result of circumstances outside of CONTRACTOR's control,
CONTRACTOR will not be penalized.
VI: METHOD OF PAYMENT
In consideration of the performance of the services described in the Project
Concept/Scope of Services, the TOWN shall pay CONTRACTOR the sum or amounts as set
forth below, and CONTRACTOR shall charge the TOWN only in accordance with those same
estimated amounts.
The total contract amount for artwork design, fabrication, and installation is
Dollars ($ ).
The TOWN shall pay CONTRACTOR according to the following schedule:
A. Initial Design Phase:
B. Allowable Costs:
C. Construction Phase:
D. Substantial Completion:
The TOWN will pay CONTRACTOR following the submission of itemized invoices(s)
for the services rendered. No payment shall be issued prior to receipt of material or service and
correct invoice. Each itemized invoice must bear a written certification by an authorized TOWN
representative confirming the services for which payment is requested have been performed.
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3) Upon such termination or abandonment, the CONTRACTOR shall deliver
to the Town all graphics, maps, data, digital files, documents drawings,
information gathered, special provisions, together with all plans and
documents supplied by the TOWN.
4) The CONTRACTOR shall appraise the completed work and submit an
appraisal to the TOWN for evaluation.
5) In any dispute concerning a question, interpretation, or fact in connection
with the work not disposed of by agreement between the CONTRACTOR
and the TOWN, the TOWN shall make the final determination unless the
CONTRACTOR requests arbitration pursuant to Arizona Revised Statutes §
12-1501 et seq. (Uniform Rules of Procedure for Arbitration).
6) When or if the service applies only to the preparation of preliminary plans,
there shall be no limitation upon the TOWN as to the subsequent use of the
plans or ideas incorporated therein, for the preparation of final plans. •
VIII: INDEPENDENT CONTRACTOR
The parties stipulate and agree that CONTRACTOR is not an employee of the Town, and
is performing its duties hereunder as an Independent Contractor, supplying its own employees,
maintaining its own insurance, Worker's Compensation insurance, employment benefits, and
handling all of its own internal accounting. The TOWN in no way controls, directs, or has any
direct responsibility for the actions of the CONTRACTOR herein. Both parties agree that this
Agreement is nonexclusive and that CONTRACTOR is not prohibited from entering into other
Agreements nor prohibited from practicing his profession elsewhere. CONTRACTOR shall
maintain in current status all Federal, State and Local licenses and permits required for the
operation of the business conducted by the CONTRACTOR.
IX: INDEMNIFICATION
To the fullest extent permitted by law, the CONTRACTOR shall defend, indemnify and
hold harmless the TOWN, its agents, representatives, officers, directors, officials and employees
from and against all claims, damages, losses and expenses (including but not limited to attorney
fees, court costs, and the cost of appellate proceedings),relating to, arising out of,or alleged to have
resulted from the negligent acts, errors, mistakes, omissions in the work or services of the
CONTRACTOR, its employees, agents, or any tier of subcontractors in the performance of this
Agreement. CONTRACTOR's duty to defend, hold harmless and indemnify the TOWN, its
agents, representatives, officers, directors, officials and employees shall arise in connection with
any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or
injury to, impairment, or destruction of property, caused by any negligent acts, errors, mistakes,
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omissions in the work or services in the performance of this Agreement including any employee of
the CONTRACTOR or any tier of subcontractor or any other person for whose negligent acts,
errors,mistakes, omissions in the work or services the CONTRACTOR may be legally liable.
The amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph.
X: INSURANCE COVERAGE
A) Insurance Requirements. The CONTRACTOR,at CONTRACTOR's own expense,
shall purchase and maintain the herein stipulated minimum insurance with
companies duly licensed (or approved unlicensed)in the State of Arizona. The
CONTRACTOR's insurance shall be primary insurance with respect to the TOWN,
and any insurance or self-insurance maintained by the TOWN shall not contribute to
it.
•
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of the TOWN,constitute a material breach of this Agreement.
Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect the TOWN.
The insurance policies,except Worker's Compensation, shall contain a waiver of
transfer rights of recovery(subrogation)against the TOWN, its agents,
representatives,directors, officers, and employees for any claims arising out of the
CONTRACTOR's negligent acts,errors,mistakes,omissions,work or service.
The insurance policies may provide coverage,which contain deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to the TOWN under such policies.
The CONTRACTOR shall be solely responsible for the deductible and/or self-
insured retention and the TOWN, at its option,may require the CONTRACTOR to
secure payment of such deductibles or self-insured retentions by a Surety Bond or an
irrevocable and unconditional letter of credit.
The insurance policies,except Worker's Compensation and Professional Liability,
required by this Agreement, shall name the TOWN, its agents,representatives,
officers, directors,officials and employees as additional insureds.
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In case any work is subcontracted,the CONTRACTOR will require the
Subcontractor to provide Worker's Compensation and Employer's Liability
to at least the same extent as required of the CONTRACTOR.
C) Certificates of Insurance. Prior to commencing work or services under this
Agreement, CONTRACTOR shall furnish the TOWN with Certificates of
Insurance, or formal endorsements as required by the Agreement, issued by the
CONTRACTOR's insurer(s),as evidence that policies providing the required
coverages, conditions and limits required by this Agreement are in full force and
effect. All Certificates of Insurance shall be identified with Project Title and
TOWN's Project Number.
In the event any insurance policy(ies)required by this Agreement is(are)written on
"claims made"basis, coverage shall extend for two years past completion and
acceptance of the CONTRACTOR's work or services and as evidenced by annual
Certificates of Insurance. If a policy does expire during the life of the Agreement, a
renewal certificate must be sent to the TOWN thirty(30)days prior to the expiration
date.
D) Cancellation and Expiration Notice. Insurance required herein shall not expire,be
canceled, or materially changed without thirty(30)days prior written notice to the
TOWN.
XI: ARTWORK
A) Ownership. Title of the artwork shall pass to the TOWN upon written notice to
CONTRACTOR of final acceptance. CONTRACTOR understands and agrees that
the TOWN may use, reuse, give, or sell, without restriction or further compensation
to CONTRACTOR, the final artwork specified herein, CONTRACTOR grants the
TOWN non-exclusive rights to display the artwork, and two-dimensional
reproductions of the artwork, and to loan such reproductions to others or institutions
with authority to display it publicly. Images or representations of the artwork
specified herein may be reproduced, publicly displayed, graphically reproduced,
and/or sold by CONTRACTOR without compensation to the TOWN.
B) Copyright. As an artist, CONTRACTOR reserves every right available to
CONTRACTOR in common law or under the Federal Copyright Act. This
Agreement shall be enforced under the laws of the State of Arizona and the
Copyright Act of 1976, including 17 USC 106 and 17 USC 113 et seq., as amended
by the Visual Rights Act of 1990, and any successor act, except as those rights are
limited by this Agreement.
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All graphic reproductions of the artwork by the TOWN and/or
CONTRACTOR shall contain a credit to CONTRACTOR and a copyright notice
substantially in the following form: "Collection of the Town of Oro Valley,
Arizona, Copyright, artists Nina Borgia-Aberle and Stephen Grede, 2002,"in such a
manner and location as shall comply with Federal copyright laws. The TOWN and
its agents understand that he artwork is the unique creation of artist
CONTRACTOR and the TOWN will not physically duplicate the artwork, or
authorize its duplication, for installation elsewhere.
C) Modification. The TOWN,after acceptance,will not permit any intentional
destruction, damage, or modification of the artwork that is within the TOWN's
control or best interest. In the event the artwork is accidentally damaged or
vandalized, the TOWN will consult CONTRACTOR before restoration and will
give CONTRACTOR first opportunity to restore it, if practicable and cost effective.
This Agreement shall be enforced under 17 USC 106 and 17 USC 113.
•
XII: NOTICE
All notices given pursuant to this Agreement shall be given in person or by first class pre-
paid mail to the following persons or any other persons a party may designate in writing:
To the Town:
Town of Oro Valley
Attention: Town Engineer
11000 N. La Canada Drive
Oro Valley,Arizona 85737
cc: Town Attorney Melinda Garrahan
To the Contractor:
NAME:
Attention: Project Manager
ADDRESS:
CITY, STATE, ZIP:
XIII: APPLICABLE LAW
In the performance of this Agreement, CONTRACTOR shall abide by and conform to any
and all laws of the United States, State of Arizona and Town of Oro Valley including but not
limited to federal and state executive orders providing for equal employment and procurement
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•
opportunities, the Federal Occupational Safety and Health Act and any other federal or state laws
applicable to this Agreement.
This Agreement shall be governed by the TOWN, and CONTRACTOR shall have all
remedies afforded each by the Uniform Commercial Code, as adopted in the State of Arizona,
except as otherwise provided in this Agreement or in statutes pertaining specifically to the TOWN.
XIV: COMPLIANCE WITH CIVIL RIGHTS
During the performance of this Agreement, CONTRACTOR agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this
Agreement, CONTRACTOR shall not discriminate against any employee or
applicant for employment because of race, religion, color, sex, or national origin.
Such actions shall include, but not be limited to, the following: employment,
promotion, upgrading, demotion or transfer, recruitment or recruitment advertising;
layoff or termination; rate of pay or other forms of compensation; and selection for
training, including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONTRACTOR will comply with all
federal regulations relative to nondiscrimination in federally assisted programs.
C. Solicitations and Procurement. In all solicitations, either by competitive bidding or
negotiations, made by CONTRACTOR for work to be performed under a
subcontract including procurement of materials or leases of equipment, each
potential subcontractor, supplier, or lessor shall be notified by CONTRACTOR of
CONTRACTOR's obligations under this Agreement and the regulations relative to
nondiscrimination on the grounds of race,religion,color, sex,or national origin.
D. Immigration Reform and Control Act of 1986. The CONTRACTOR shall further
be responsible for compliance with the United States Immigration Reform and
Control Act of 1986, and shall indemnify and hold harmless the TOWN for any
liability arising from failure of the CONTRACTOR to comply with said Act.
E. Americans with Disabilities Act of 1990. The CONTRACTOR shall be
responsible for compliance with the Americans with Disabilities Act of 1990 and
shall indemnify and hold harmless the TOWN for any liability arising from failure
of the CONTRACTOR to comply with said Act.
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XV: MISCELLANEOUS PROVISIONS
A) Jurisdiction. The parties stipulate that this Agreement has been made and entered
into, and shall be construed, enforced, and governed by the laws of the State of
Arizona, and any action to enforce the same shall be brought only in courts in the
State of Arizona.
B) Headings. The titles or headings used in this Agreement are for general reference
only and are not a part of the Agreement.
C) Entire Agreement. The terms set forth in this Agreement, and including any and all
Change Orders, Supplemental Agreements issued after the execution of the Contract
Agreement, shall constitute the entire Agreement between the TOWN and
CONTRACTOR. No other writings or works shall be held to alter or otherwise
affect this Agreement unless subsequently agreed upon in writing between the
•
TOWN and CONTRACTOR. The terms of this Agreement shall be interpreted in
such a manner that all terms shall be given effect.
D) Arbitration. The parties agree that should a dispute arise between them, in any
manner, and said dispute involves the sum of$10,000 or less in money damages
only, exclusive of interest, cost or attorneys' fees, the parties will submit the matter
to Binding Arbitration pursuant to the Arizona Supreme Court Rules for
Compulsory Arbitration and the decision of the arbitrator(s) shall be final and
binding upon the parties.
E) Attorneys' fees. Should the TOWN bring any legal or equitable action for the
purpose of protecting or enforcing its rights under this Agreement,the TOWN shall
recover in addition to all other relief, its reasonable attorney's fees and court costs to
be fixed by the court.
F) Assignment. The parties stipulate and agree that this is an Agreement for services,
and that as part of the consideration of this Agreement, the TOWN has taken into
account the experience and expertise of the CONTRACTOR. Therefore, this
Agreement is not assignable by the CONTRACTOR without prior written consent
of the TOWN. However, nothing in this clause shall be deemed to prevent the
CONTRACTOR from utilizing the services of in-house personnel in performing its
duties under this Agreement.
G) Severability. The provisions of this Agreement are severable to the extent that any
provision or application held to be invalid shall not affect any other provision or
application of the Agreement that may remain in effect without the invalid provision
or application.
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H) Full Force. Any provision of this Agreement held to violate any law shall be
deemed void, and all remaining provisions shall continue in full force and effect.
1) Waiver. The failure of either Party of this Agreement to take affirmative action with
respect to any conduct of the other which is in violation of the terms of this
Agreement shall not be construed as a waiver thereof, a future breach, or subsequent
wrongful conduct.
J) Conflict of Interest. CONTRACTOR stipulates that its officers and employees do
not now have a conflict of interest and it further agrees for itself, its officers, and
its employees that it will not contract for or accept employment for the
performance of any work or services with any work or services with any individual
business,corporation,or government unit that would create a conflict of interest in
the performance of its obligations pursuant to this Agreement
K) Cancellation. Pursuant to ARS § 38-511,the TOWN reserves the right to cancel
the whole or any part of this Agreement due to failure by the CONTRACTOR to
carry out any obligation,term, or condition of the Agreement. The TOWN will
issue written notice to the CONTRACTOR for acting or failing to act as in any of
the following:
a) The CONTRACTOR provides material that does not meet the specifications
of the Agreement;
b) The CONTRACTOR fails to adequately perform the services set forth in
this Agreement;
c) The CONTRACTOR fails to complete the work required or to furnish the
materials required within the time stipulated in this Agreement;
d) The CONTRACTOR fails to make progress in the performance of the
Agreement and/or gives the TOWN reason to believe that the
CONTRACTOR will not or cannot perform the requirements of the
Agreement.
Upon receipt of the written notice of concern, the CON TRACTOR shall
have ten (10) days to provide a satisfactory response to the TOWN. Failure on the
part of the CONTRACTOR to adequately address all issues of concern may result in
the TOWN resorting in cancellation of the Agreement. In case of default, the
TOWN reserves the right to purchase materials, or to complete the required work in
accordance with the Town Code. The TOWN may recover any actual excess costs
from the CONTRACTOR by deduction from an unpaid balance or any other
remedies as provided by law.
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L) Force Majeure.
Except for payment for sums due, neither party shall be liable to the other nor
deemed in default under this Agreement if and to the extent that such parry's
performance of this Agreement is prevented by reason of force majeure. The term
"force majeure"means an occurrence that is beyond the control of the party affected
and occurs without its fault or negligence. Without limiting the foregoing, force
majeure includes acts of God: acts of the public enemy; war; riots; strikes;
mobilization; labor disputes; civil disorders; fire; floods; lockouts; injunctions-
interventions-acts, or failures or refusals to act by government authority; and other
similar occurrences beyond the control of the party declaring force majeure which
such party is unable to prevent by exercising reasonable diligence. The force
majeure shall be deemed to commence when the party declaring force majeure
notifies the other party of the existence of the force majeure and shall be deemed to
continue as long as the results or effects of the force majeure prevent the party from
resuming performance in accordance with this Agreement.
Force majeure shall not include the late delivery of products or the late
performance by a subcontractor unless the delay arises out of a force majeure
occurrence in accordance with the force majeure term and condition.
Any delay or failure in performance by either party hereto shall not
constitute default hereunder or give rise to any claim for damages or loss of
anticipated profits if, and to the extent that such delay or failure is caused by force
majeure. If either party is delayed at anytime in the progress of the work by force
majeure, then the delayed party shall notify the other party in writing of such delay
within forty-eight (48) hours commencement thereof and shall specify the causes of
such delay in such notice. Such notice shall be hand delivered or mailed certified-
return receipt and shall make a specific reference to this article, thereby invoking its
provisions. The delayed party shall cause such delay to cease as soon as practicable
and shall notify the other party in writing. The time of completion shall be extended
by Agreement modification for a period of time equal to the time that the results or
effects of such delay prevent the delayed party from performing in accordance with
this Agreement.
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IN WITNESS WHEREOF, this Agreement has been duly executed by the parties herein
before named, on the date and year first herein written.
TOWN OF ORO VALLEY: CONTRACTOR:
Mayor Paul H. Loomis
ATTEST: ATTEST (if corporation):
Town Clerk Kathryn E. Cuvelier •
APPROVED BY: WITNESS (If individual or partnership)
Town Attorney Melinda Garrahan
Signing Instruction to the Contractor: All signatures must be notarized. In the event that the
contracting firm is a corporation, the President and Secretary(or Vice-President and Secretary) of
the corporation must sign and the corporate seal must be affixed thereto.
State of )
ss.
County of )
SUBSCRIBED AND SWORN to before me this day of , 2007 by
who is known to me, or has satisfactorily been identified, as the
President/Vice-President of
and who is known to me, or has satisfactorily been identified, as the
Secretary/Witness for , both
as duly authorized agents to bind the Contractor.
Notary
My Commission Expires:
16
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P Town Council Page 1 of 7
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
September 5, 2007
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 7:00 PM
CALL TO ORDER - 7:03 p.m.
ROLL CALL
PRESENT: Paul Loomis, Mayor
Helen Dankwerth, Vice Mayor
Paula Abbott, Council Member
K.C. Carter, Council Member
Barry Gillaspie, Council Member
Al Kunisch, Council Member
Terry Parish, Council Member
PLEDGE OF ALLEGIANCE
Mayor Loomis led the audience in the Pledge of Allegiance.
UPCOMING MEETING ANNOUNCEMENTS
Town Manager David Andrews reviewed the upcoming Town meetings and
events.
COUNCIL REPORTS - No reports.
DEPARTMENT REPORTS
Planning and Zoning Director Sarah More announced that the public
meeting for the Steam Pump Village Master Plan process will be held on
September 6th at 6:00 p.m. in the Town Council Chambers.
TOWN MANAGER'S REPORT
Town Manager David Andrews announced that Mary Davis, the Town's
new Communication Administrator, is now with the Town full-time.
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Town Council Page 2 of 7
ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE
MEETING
CALL TO AUDIENCE -
Bill Kingsley, Town resident, addressed crime in the Town and the
surrounding area. He expressed concerns about the upcoming retail
developments and stated that we all have to be aware of what is going on
in the areas around us paying attention to parking security, lighting, etc.
Geri Ottoboni, Town resident, congratulated the Council on objecting to
"give
a-ways" to developers. She further addressed the Vestar development in
the Town and the economic development agreement made with Vestar for
the Oro Valley Marketplace.
Bill Garner, Town resident, commented that the "Instructions to Speakers"
that are included on the Council agendas still asks that the
speaker include their address when addressing the Council. He stated that
since the Town is asking that the speaker only state whether they are a
Town resident, then the instructions should be updated.
Kathy Pastryk, Town resident, presented the 10 top reasons for opposing
Walmart in Oro Valley as provided by people who had pledge
signatures against the Walmart development. Some of those reasons cited
were: "What Walmart offers is low prices but at too high a price to local
businesses; We don't need the crime that comes with a Walmart; and It's
simply too big."
Richard Tracey, Town resident, stated that he notices many people from
Oro Valley shopping at the nearby Walmart. He stated that he was not
ashamed to shop at Walmart and he personally does not understand the
opposition to this development. He further stated that the comments made
by the previous speaker were not necessarily documented nor based on
fact. He also stated that he was in favor of incentives as "50% of
something is better than 100% of nothing".
1. CONSENT AGENDA
Council Member Gillaspie requested that Item H. be pulled for discussion.
MOTION: A motion was made by Council Member Carter and seconded by
Council Member Kunisch to approve the Consent Agenda with the
exception of Item H.
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Town Council Page 3 of 7
MOTION carried, 7-0.
A. Minutes - 07/25/07 (continued from 08/14/07); 08/14/07
B. Building Safety Activity Report - July 2007
C. Coyote Run Transit Report - June 2007
D. Finance and Bond Committee Report to Council for the Quarter
Ended June 30, 2007
E. Police Report - July 2007
F. Resolution (R) 07 - 95 Accepting the bid and award of contract to
Falcone Brothers in the amount of $136,700.00 for the Temporary
Municipal Office Complex Masonry Wall & Wrought Iron Fence,
Project No. OV 30 04/05 22B
G. Resolution (R) 07 - 96 Accepting the bid and award of contract to
K.A.Z. Construction, Inc. in the amount of $86,000.00 for the
Tangerine Road Culvert Repair, Project No. OV 30 05/06 13
H. Resolution (R) 07 - 97 Accepting the bid and award of contract to
K.A.Z. Construction, Inc. in the amount of $491,979.00 for the Honey
Bee Village Screen Wall, Project No. OV 30 06/07 23 located near the
intersection of Moore Road and Rancho Vistoso Boulevard (PULLED
FOR DISCUSSION)
Discussion followed regarding rebidding the project, the additional
grant application with the Tohono O'Odham Nation, Engineer's cost
estimate for the project, delay of approval of the contract in order to
work with the Tohono O'Odham Nation on a time extension,
requirement for the use of the grant funds by October 21st, use of
grant monies by the Town for purchasing supplies and rebidding the
labor, removal of Alternate Bid to save money, timing and delay of
project and possible jeopardy of the grant funds.
MOTION: A motion was made by Council Member Parish and
seconded by Council Member Abbott to adopt Resolution (R)07-97.
MOTION carried, 6-1 with Council Member Gillaspie opposed.
Council Member Gillaspie opposed the motion due to the high cost of
the bid compared to the Engineer's estimate and the additional cost to
the Town.
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I. OV5-07-05 Approval of Public Art for Ventana Medical Systems,
located on the southeast corner of Innovation Park Drive and Vistoso
Village Drive
J. Resolution (R) 07 - 98 Awarding a Public Art Contract to Matthew
Moutafis in the amount of 1% of the construction contract for
professional services for the La Canada Widening from Naranja to
Tangerine Road, Project No. OV 30 04/05 27
K. Resolution No. (R)07 - 99 Declaring as a public record that certain
document known as Chapter 3, Article 3-1, Officers in general and
Article 3-2, Officers, attached hereto as Exhibit "A" and filed with the
Town Clerk
L. OV12-03-31A Approval of a final plat for Mercado at Canada Hills,
Lots 1 - 9, located in proximity to the northeast corner of La Canada
Drive and Lambert Lane
M. Approval of the Town Manager's Performance Goals for the Period of
September 1, 2007 to August 31, 2008
2. PUBLIC HEARING - ORDINANCE NO. (0)07- 35 ADOPTING ARTICLE
12-17, ORO VALLEY CABLE FRANCHISE CODE; REPEALING ALL
RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO
VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND
DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT
HAVE ALREADY BEGUN THEREUNDER
Town Attorney Melinda Garrahan explained that approval of Ordinance (0)
07-35 would update the Town's current Cable Code in terms of regulatory
compliance and gives the Town Engineer more control of the Town's rights-
of-way.
Mayor Loomis opened the public hearing. There being no speakers, the
public hearing was closed.
MOTION: A motion was made by Council Member Parish and seconded by
Council Member Carter to adopt Ordinance (0)07-35 amending the Oro
Valley Town Code, Article 12-17, Cable Franchise.
MOTION carried, 7-0.
3. PUBLIC HEARING - ORDINANCE NO. (0)07- 36 ADOPTING CHAPTER
18, ORO VALLEY ANIMAL CONTROL CODE; AND REPEALING ALL
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RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO
VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND
DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT
HAVE ALREADY BEGUN
Town Attorney Melinda Garrahan explained that the Town has entered into
an Intergovernmental Agreement with Pima County for many years. She
stated that approval of this Animal Code change would make the Town's
fees consistent with Pima County in order to cover the actual cost of the
County's service to the Town.
Mayor Loomis opened the public hearing.
Salette Latas, Town resident, addressed the IGA and questioned how Pima
County was charging the Town (for actual services vs. per capita). She
also expressed concerns about the bond monies provided to the County
several years ago for a new facility which has yet to be constructed.
MOTION: A motion was made by Council Member Kunisch and seconded
by Vice Mayor Dankwerth to adopt Ordinance (0)07-36.
MOTION carried, 7-0.
4. PUBLIC HEARING - ORDINANCE NO. (0)07- 37 AMENDING ORO
VALLEY TOWN CODE, ARTICLE 3-1, OFFICERS IN GENERAL,
SECTIONS 3-1-1 THROUGH 3-1-5; ARTICLE 3-2, OFFICERS, SECTIONS
3-2-1 THROUGH 3-2-7 AND ADOPTING SECTIONS 3-2-8 THROUGH 3-
2-13; AND REPEALING ALL RESOLUTIONS, ORDINANCES AND RULES
OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH;
PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY
MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN
THEREUNDER
Town Manager David Andrews explained that approval of this item would
address changes to the Town Code with regards to the Town
officers' organizational structure including hiring, terminations and
evaluations.
Mayor Loomis opened the public hearing. There being no speakers, the
public hearing was closed.
MOTION: A motion was made by Council Member Parish and seconded by
Council Member Abbott to adopt Ordinance (0)07-37.
Discussion followed regarding the Town Manager being included in the
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hiring process for the Chief of Police and the fact that the Town Council
could include the Manager in the process if so desired.
MOTION carried, 7-0.
5. OV3-07-02 REQUEST FOR APPROVAL OF A MASTER SIGN PROGRAM
FOR THE RETAIL SHOPS AT ORO VISTA, LOCATED AT THE
SOUTHEAST CORNER OF LA CANADA DRIVE AND LAMBERT LANE
Mike Addis, Addisigns, representing the applicant, reviewed the Master
Sign Program for the Oro Vista retail shops. He stated that they are
providing identification for the entrance off La Canada Drive for the
apartment complex and the signage will be reflective of the signs located
off Lambert Lane. He further explained that they are requesting the use
of amber lighting (instead of white lighting) which will provide a more
subdued effect. Mr. Addis then presented slides depicting the sign
package.
Planning and Zoning Administrator Sarah More reviewed overhead pictures
depicting the site located on the southeast corner of La Canada Drive and
Lambert Lane, samples of surrounding area signage, and a Comparison
Table for freestanding entry way signs, including existing sign criteria,
Zoning Code Revised Standards and the proposed Master Sign Program.
She explained that the Development Review Board recommended approval
of the Master Sign Program with the white halo lighting (amber verses white
lighting). However, the Zoning Code Revised allows either type of lighting.
Discussion followed regarding the proposed signage color and restricting
the number of signs to three on each major roadway.
Mayor Loomis opened the floor for public comment.
Bill Adler, Town resident, stated that he was opposed to the Sign Program.
He stated that it was not consistent with the General Plan or the Zoning
Code. He stated that the purpose of the signage was to identify the
development and it was not meant to advertise.
MOTION: A motion was made by Council Member Parish and seconded by
Council Member Gillaspie to approve OV3-07-02, Master Sign Program for
Retail Shoppes at Oro Vista including the following conditions: Two (2) free
standing and two (2) entry way signs will be allowed; The color will be
mission patina; The lighting will be white halo using LEDs, and The entry
way and the free standing signs will not exceed one of each per roadway.
Discussion followed regarding the size of the development, concerns with
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placing too many signs in this intersection, three of the four corners on this
intersection are in compliance, not disregarding the Development Review
Board's recommendations, past discussions with the El Conquistador
Homeowner's Association have included carrying on the same themes at
all corners of this intersection including color, this sign package is less than
what is allowed by the Zoning Code except for allowing more signs due to
the fact that this development is located along two major roads, and the
Town's design standards and continuity are what make Oro Valley stand
out.
MOTION carried, 5-2 with Council Member Carter and Council Member
Kunisch opposed.
6. FUTURE AGENDA ITEMS
Council Member Abbott - Asked that the progress report for Economic
Development Agreements that is coming to Council in October also include
Steam Pump Ranch. In response to her request that the Legal Department
provide a legal opinion as to whether or not any breech of agreement or
violation of law regarding the development by Vestar has occurred, Mayor
Loomis asked Town Attorney Melinda Garrahan to respond. Ms. Garrahan
explained that the Legal Department keeps an eye on these types of items
and there are no violations by Vestar.
CALL TO AUDIENCE -
Kathy Pastryk, Town resident, commented that her former statements
during the first Call to the Audience were documented and are available on
the OV1 st website. She also stated that crime is documented at Walmart
stores.
Richard Tracey, Town resident, stated that if Ms. Pastryk is using Tucson
as a crime indicator, she needs to remember that the crime is in Tucson,
not in Oro Valley.
ADJOURNMENT
MOTION: A motion was made by Council Member Carter and seconded by
Council Member Kunisch to adjourn at 8:47 p.m.
MOTION carried, 7-0.
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