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HomeMy WebLinkAboutOV50103 J V Ventana Medical Systems,Inc. Telephone:520-887-2155 '^� VENT A N A 3Tuc5 son,rt Business Ari ona 85705Toll Center DriveFacsimile:Free:800-227 721558 http://www.ventanamed.com • C`.1.e4.t 5t A a&A i December 13, 2000 1Ne r Mr. Chuck Sweet Town Manager v � Town of Oro Valley 11000 N. La Canada 00 Oro Valley, AZ 85737 Dear Chuck: VMSI has begun the process of selection of a piece of sculpture for the entry drive to our new Corporate Headquarters Facility in Oro Valley to satisfy the Public Art requirement in the Town of Oro Valleys Ordinance (0) 97-27. As you are aware, there are three buildings making up the campus of our new headquarters facility. The first of which is scheduled for occupancy in June/July 2001 and the additional two buildings in September 2001. Of course for this to take place, VMSI will require a Temporary Certificate of Occupancy. It is our understanding that the Public Art must be displayed prior to occupancy. VMSI has some very serious concerns about placing this large and valuable piece of art in the middle of a construction zone for three to four months at the main entrances to the buildings where the construction will be on going. VMSI requests your input so as to delay the placement of the Public Art until construction on the entire site is substantially complete. VMSI is prepared to provide the Town of Oro Valley signed contracts and proof of payment to the artist that we will commission for the art or post a bond in the necessary amount to cover this sculpture. You input and guidance are appreciated. Sincerely, J)n ► I (2,( Gregg ,.- orszt Senior Facilities Manager V BFL CONSTRUCTION COMPANY, INC. 140 South Euclid Avenue Tucson, Arizona 85719 (520) 882 - 4800 Fax: (520) 882 - 7685 BFL TRANSMITTAL ATTN: S\--1-t\- -LaY DATE: FJ3 210) Z- ) FIRM: (5� �_� � ��-�Lt�� REF: OPT ME-bi AL JOB #: (- - � QUANTITY ITEM DESCRIPTION Pt)ecJA c, 4._) h / 33� _ < � o��,2 LLB 7)31) ._.,tr', -- l C)R gopz • Fne__ OA ;Aar- • * -4- _('T, Lam% REMARKS: q- x ,C T 0Z-ha/6 I ((' _)�r AL,C' 67;% —� P L � � -�� t� ��; � f �� Lc _74 770: cif= C5//61% t� 1 J to c�F 1)e. --.. ciA /WE c-AL_ S TO: SUBCONTRACTORS TO: ARCHITECT / CLIENT ❑ APPROVED FOR APPROVAL ❑ APPROVED AS NOTED - DO NOT RESUBMIT ❑ REVISED COPIES FOR APPROVAL ❑ SUBMIT REVISED COPIES FOR APPROVAL ❑ REJECTED - RESUBMIT ❑ FOR YOUR FILES ❑ KINDLY RETURN TO BFL SENT BY: via: 21.t MESSENGER ❑ FAX U STANDARD MAIL U OVERNIGHT MAIL picked up at BFL: ❑ OFFICE U JOB SITE ,/A Purchase Order _ - Subcontract No. C OCCOL'_=O` w BFL CONSTRUCTION COMPANY, INC. _ B F L 140 SOUTH EUCLID AVENUE TUCSON, ARIZONA 85719 (602) 882-4800 Project License #070263 FAX 882-7685 Manager 7- ' . • ^ .1~ Project Superintendent _:... ., . 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M 0.a ►+Y.a•+s % ,H. _ i ,"$fi •r�nZSIYY,-' r� t Contract o . .' a i . . • BY ACCEPTING THIS PURL '' E ORDER, SUBCONTRACTOR REPRESE THAT HE UNDERSTANDS AND , ,' �- +rY ` �'r 1, c = 4:4 _ `'` AGREE TO ALL THE TERM 1 A ' CONDITION ET FORTH ON THE RE E E SIDE OF THIS DOCUMENT. >r' a i r P -� 4CC TED BY: i ,,' —� L �• BFL AUTHORIZEDAGENT (4‘/(>1 /(__z/C-......_____, a4;ilz,/I i dl%fridaj"4 {Subcontractor or Representative ' Title Date License No. Konried Muench Artist Biographical Information Address: 2222 E. Hawthorne St. Phone: Office 520-325-6767 Tucson, AZ 85719 Mobile 520.471-1671 Date of Birth: December 14, 1957 Place of birth: Albuquerque,NM • Education: The School of the Art Institute of Chicago BFA 1985 University of Arizona MFA 1988 Awards and honors: • Foundry Award, School of the Art Institute- 1984 • Best of Show,Yuma Arts Center Juried Show- 1990 • Teaching: Foundry T.A., School of the Art Institute of Chicago, 1984-85 Group exhibitions: University of Arizona,MFA Thesis Show. Tucson, AZ 1989 Kerr Cultural Center, JU Anniversary furled Show. Scottsdale, AZ 1991 Northern Arizona University Art Museum,All Around Arizona. Flagstaff, AZ 1991 Tempe Arts Center, Contemporary Sculpture. Tempe,AZ 1996 Tucson Museum of Art,Arizona Biennial. Tucson, AZ 1997 University of Arizona,Joseph Gross Gallery, Contemporary Sculpture And Painting. Tucson,AZ 1998 Pier Walk 1998,Chicago, IL 1998 Skokie Sculpture Park, Skokie, IL 1998-01 Pier Walk 2000,Chicago, IL 2000 • Private collections: Dr. and Mrs. Seymour Sabesin,Chicago, IL Mr. and Mrs. Mort Caplan, Tucson, AZ Mr. Terry Kneuppel, Springfield,IL Pepper Trees Bed and Breakfast, Tucson,AZ Rush-Presbyterian ST. Luke's Medical Center, Chicago, IL • Fass Software Inc.,North Carolina Gallery Affiliations: "Wing with Doorway" Philabaum Studio, 1990-present. Member of the International Sculpture Center, Washington DC, 1990-present Metal Art Donations: Tucson Botanical Gardens, 1997-1999 Dinnerware Gallery, 1998 R SUMMARY SHEET BFL CONSTRUCTION CO. JOB NAME Ventana Medical Systems ESTIMATE# LOCATION 1910 E.Vistoso Commere Loop JOB# 0J-013 ESTIMATOR Bill Dohrmann CO# DESCRIPTON Oro Valley Art DATE February 21,2001 DESCRIPTION PRICE ORO VALLEY ART $52,741.00 FOUNDATION $2,920.00 SUPERVISION $331.00 SUBTOTAL $55,992.00 FEE 6.50% $3,640.00 SUBTOTAL $59,632.00 TAX 4.55% $2,713.00 SUBTOTAL $62,345.00 BFL CONTRACT AMOUNT $62,345.00 TOWN OF ORO VALLEY Planning and Zoning Division 11000 N. La Canada Drive Oro Valley,Arizona 85737 Phone: 520-229-4800 FAX No.: 520-742-1022 PUBLIC ART REVIEW TRANSMITTAL TO: Gigi Miller,PARC Craig Civalier, PE,Civil Engineer, DPW FROM: Bryant Nodine,AICP,Planning and Zoning Administrator bnodine@orovalley.net DATE: March 15,2001 RE: OV12-00-03,Ventana Medical,Public Art A proposal for public art for the referenced facility is attached and the model is in my office. This is tentatively scheduled to come before the Town Council on May 2,2001. The following is a general project overview: The public art is a metal sculpture with a rust finish. It will be located at the entrance to the facility approximately one-quarter mile south of Rancho Vistoso Boulevard to the east of Commerce Loop Drive. Please respond to this transmittal by completing the sections below and returning this form or mailing or e-mailing a message to the attention of the Project Planner. All responses will be made available to the applicant. RESPONSE DUE BY: April 6, 2001 --jj COMMENTS: I U' l .( Agency i)p Signature Date ATTACHMENTS: Engineering Specifications(to PE only) Contract, Artist Bio, Location Map and Examples of similar works F:\OV\OV12\2000\12-00-03\Public Art Transmittal.doc Page 1 of 1 Nodine, Bryant From: Nodine, Bryant Sent: Friday, April 06, 2001 3:43 PM To: 'gforszt©a ventanamed.com' Cc: Weir, Jeffrey Subject: FW: Ventana Medical, Public Art Review The PARC has accepted the art with the following comments. Please review and I'll call next week. Original Message From: Anna & David Grigsby [mailto:ACDCinAZ@uswest.net] Sent: Friday, April 06, 2001 6:55 AM To: Bryant Nodine Cc: David Grigsby; Harriet Hough; Gigi Miller Subject: Ventana Medical, Public Art Review Bryant, here are the committee's comments. 1. The sculpture itself is very interesting and the scale impressive. However our impression is that it lacks a meaningful base and would recommend that consideration be given to adding a base that visually gives it something to sit upon. 2. Its location centered on the entry drive and circular vehicular drop off area can be significantly enhanced by expressing its rellationship to the other strong axis on site, the view to the Catalina Mountains. That view has been framed by the arcade of porticos between two of the buildings and relates to the circle by the geometry of the arcade. We suggest expressing that axis to reinforce the sculptures location and to add character to the plaza itself. It could be as simple as patterns in the plaza's surface carried across the drive and under the sculpture or it could be any sort of three dimensional element like bollards arranged along the axis 3. We would like to see the opportunity for people to approach the sculpture and experience it from up close. 4. The artist indicated how interesting the shadows created by the sculpture could be and we agree. Given the large open plaza maybe the play of shadow across that space could be utilized in some way. A possibility would be to use the sculpture as sundial and spot locations of meaningful times and dates. If you have any questions call Gigi or myself. My work number is 881-4546 David C. Grigsby 4/16/01 �P�1_EY qq� Op :: off TOWN OF ORO VALLEY 6. 0 COMMUNITY DEVELOPMENT DEPARTMENT t • Planning and Zoning • Building Safety 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 A K • Parks and Recreation -, 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)742-2202 PO41 -NDED*N May 11, 2001 Greg Forszt Dave McKinney Ventana Medical Systems, Inc. Sage Landscape Architecture 3865 N. Business Drive 86 W. Simpson Tucson,Arizona 85705 Tucson,Arizona 85701 OV6-_Dt 03 RE: Q - ,Public Art for Ventana Medical Systems Dear Greg and Dave, Thank you for taking the time to meet with the Public Art Review Committee(PARC)on Thursday. May 10t. The main purpose of this letter is to reiterate the primary agreements and issues identified at the meeting. The following is a synopsis: • The curbed and landscaped area will provide an adequate base for the sculpture. • Adapt the landscape in the approved plan to tie the sculpture to the Catalina Mountain view axis. • Adapt the landscape in the approved plan to open up access closer to the sculpture by providing, but not encouraging, access around and under the piece. • Dave will work with the artist to re-arrange the landscape as needed. The minor changes proposed in the meeting will be able to be approved administratively;Dave will provide a revised landscape plan sheet for the affected areas for my signature. I look forward to continuing to work with you both for the successful completion of this project. If you have any questions, please contact me at 229-4807. Sine'y, mo •t B : iv odine, AICP Planning and Zoning Administrator xc: David Grigsby, PARC OV File F:\OV\OV5\5-01-01\Action Letter-Public Art 051101.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 16,2001 TO: HONORABLE MAYOR& COUNCIL FROM: Bryant Nodine, AICP, Planning and Zoning Administrator SUBJECT: OV5-01-9$t, PUBLIC ART FOR VENTANA MEDICAL SYSTEMS, AN OFFICE, RESEARCH AND MANUFACTURING FACILITY %MILE SOUTH OF THE RANCHO VISTOSO BOULEVARD AND COMMERCE LOOP INTERSECTION SUMMARY Ventana Medical Systems, Inc., requests approval of public art to be located at their facility on Commerce Loop Drive. The proposal is for a 34-foot high, 20-foot wide metal sculpture consisting of a triad of rectangles reflecting the Ventana logo and their business of medical slides (see the attached photos of the model). Other elements of the sculpture echo the architecture of the building and the whole is centered on a large sphere. The sculpture will be located at the entrance to the building in the circular landscaped area in the center of the turn- around (see the attached landscape plan excerpt). The sculpture will have a rust finish protected by clear lacquer except for the base pedestals,which will be exposed rust to discourage climbing. STAFF REVIEW Craig Civalier, P.E., has reviewed the structural-safety aspects of the proposal and finds that it is acceptable. The proposal also meets the 1% of construction cost criterion and will be visible to the public for more than 40 hours per week. PUBLIC ART REVIEW COMMITTEE ACTION The PARC met with the artist and applicant on-site to review the proposal. They recommend acceptance of the proposal. They also provided comments related to the base, the orientation, accessibility, and the play of light through the sculpture. Staff, the artist, and the applicant are meeting with PARC to address the comments and we will provide a report at the Council hearing. RECOMMENDATION Staff recommends approval of the proposed public art. SUGGESTED MOTION: I move to approve OV5-01-01 Ventana Medical Systems Public Art. Attachments: 1. Photograph of Public Art Proposal Planning and Zoning Administrator 2. Excerpt from the Landscape Plan Community Development Director F:\OV\OV5\5-01-01\TC Pub Art Report 051601.doc Town Manager EXHIBIT A CONDITIONS OF APPROVAL OV5-01-01 Ventana Medical Systems Public Art 1. . The PARC met with the artist and applicant on-site to review the proposal. They recommend acceptance of the proposal with following comments related to the base,the orientation, accessibility, and the play of light through the sculpture. Staff,the artist, and the applicant are meeting with PARC to address the comments and will provide a report at the Council hearing. 1. The sculpture itself is very interesting and the scale impressive. 2. Consideration should be given to adding a base that visually gives it something to sit upon. [Staff comment: The sculpture sits atop three ten foot pedestals within a two foot high circular planter that is 65 feet in diameter. Three ironwood trees, lantana, desert spoon and boulders shield the pedestals and, with the planter, create a base.] 3. Its location centered on the entry drive and circular vehicular drop-off area can be significantly enhanced by expressing its relationship to the other strong axis on site, the view to the Catalina Mountains. That view has been framed by the arcade of porticos between two of the buildings and relates to the circle by the geometry of the arcade. We suggest expressing that axis to reinforce the sculptures location and to add character to the plaza itself. It could be as simple as patterns in the plaza's surface carried across the drive and under the sculpture or it could be any sort of three- dimensional element like bollards arranged along the axis. [Staff comment: The location of the of the sculpture is off-center in the planter to align with a row or Chinese Pistache and with the score lines in the concrete of the plaza. These two elements in the plaza create a strong connection with the view of Pusch Ridge.] 4. We would like to see the opportunity for people to approach the sculpture and experience it from up close. 5. The artist indicated how interesting the shadows created by the sculpture could be and we agree. Given the large open plaza maybe the play of shadow across that space could be utilized in some way. A possibility would be to use the sculpture as sundial and spot locations of meaningful times and dates. F:\OV\0V12\2000\12-00-03\TC FP Report2 6-21-00.doc a i,- ',‘..1. b'.' a • Vt y ", d§: ,. *.' y w+*' ;,f R'4s;' �} v,;,f } L N f 'f '0!Yf:.' MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION MAY 16, 2001 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION CALL TO ORDER 6:10 p.m. ROLL CALL PRESENT: Paul Loomis,Mayor Fran LaSala,Vice Mayor Dick Johnson, Council Member Bart Rochman, Council Member Werner Wolff, Council Member EXECUTIVE SESSION MOTION: Council Member Johnson MOVED to go into Executive Session at 6:10 p.m. for the following purpose: 1. Pursuant to ARS 38-431.03 (A)(3) Legal Advice relating to the Appeal and Demand for Refund of Water Development Fee by Developer of the Safeway Vistoso Plaza,Mr. Eisenberg 2. Pursuant to ARS 38-431.03 (A)(7) Purchase or lease of real property located on the north side of Lambert Lane adjacent to Highlands Mobile Home Park 3. Pursuant to ARS 38-431.03 (A)(7)Purchase or lease of real property—New World Homes 32 acre parcel located south of Tangerine Road and north of the Naranja Town Site Council Member Wolff SECONDED the motion. Motion carried, 5-0. Mayor Loomis announced that in addition to the Town Council, the Town Manager, the Town Clerk and the Town Attorney would be in attendance for all 3 items, and the Water Utility Director Alan Forrest would be present for Item 1. MOTION: Council Member Wolff MOVED to go out of Executive Session at 6:40 p.m. Vice Mayor LaSala SECONDED the motion. Motion carried, 5-0. RESUME REGULAR SESSION CALL TO ORDER 7:02 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Fran LaSala, Vice Mayor Dick Johnson, Council Member Bart Rochman, Council Member Werner Wolff, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. r ; 5/16/01 Minutes, Council Regular Session 2 UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings. CALL TO AUDIENCE None CONSENT AGENDA MOTION: Council Member LaSala moved to APPROVE the Consent Agenda with the exception of Item H. Council Member Wolff SECONDED the motion. Motion carried, 5-0. A. Minutes—May 2, 2001 B. Budget &Bond Committee Report—Quarter Ended March 31, 2001 C. Coyote Run Monthly Report—April 2001 D. Police Report—March 2001 E. Building Safety Activity Report—April 2001 F. Project No. W30-2001 Approving the award of contract to NAC Construction for the Oro Valley Water Utility Honey Bee Canyon Bridge and Water Main Upgrades in the amount of$103,900 G. OV5-01-03 Approval of Public Art for Ventana Medical Systems, an office research and manufacturing facility, located '/4 mile south of the Rancho Vistoso Boulevard and Commerce Loop Intersection H. Resolution No. (R)01-33 Project No. OV 30-99/00 08 Authorizing acceptance of proposal and award of contract for professional engineering services for the First Avenue widening from the Canada del Oro Wash to Tangerine Road to R. S. Engineering, in the amount of$534,610 (PULLED FOR DISCUSSION) I. Resolution No. (R)01-34 Declaring as a public record that certain document known as "Article 15-24 Stormwater"of the Oro Valley Town Code J. Resolution No. (R)01-35 Approving and Authorizing the Execution of an Intergovernmental Agreement between the Town of Oro Valley and Pima County in order for the Town to bill and collect sewer fees on behalf of Pima County for an amended term of June 30, 2001 through June 29, 2004 K. Resolution No. (R)01-36 Approving the renewal of an intergovernmental Agreement between Pima County and member Agencies of the High Intensity Drug Trafficking Area Program Drug Grant Agreement (H.I.D.T.A. XI) H. RESOLUTION NO. (R)01-33 PROJECT NO. OV 30-99/00 08 AUTHORIZING ACCEPTANCE OF PROPOSAL AND AWARD OF CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE FIRST AVENUE WIDENING FROM THE CANADA DEL ORO WASH TO TANGERINE ROAD TO R. S. ENGINEERING, IN THE AMOUNT OF $534,610 Council Member Johnson stated that he requested this item be pulled primarily to impress upon the Public Works Department that all improvements should be designed similar to that of Rancho Vistoso Boulevard. He also suggested renaming North First Avenue to Rancho Vistoso Boulevard, leaving one road running off of Oracle Road. MOTION: Council Member Johnson moved to APPROVE Resolution (R) 01-33. Motion SECONDED by Council Member Rochman. Motion carried, 5-0. 5/16/01 Minutes, Council Regular Session 3 2. RESOLUTION NO. (R)01-37 AWARD OF BID FOR THE CONSTRUCTION OF THE ORO VALLEY LIBRARY AND THE POLICE STATION PRISONER RELEASE FACILITY AND AUTHORIZING THE TOWN TO ENTER INTO A CONTRACT MOTION: Council Member Johnson moved to APPROVE the award of bid to Carnes Construction Inc., the lowest responsible bidder, for a total of$3,061,300; and to approve Resolution No. (R)01-37 authorizing and directing staff to enter into contract with Carnes Construction,Inc., and, further move to APPROVE redirecting sufficient funds from the FY 2001-2002 CIP project entitled "LaCanada Access/Secured Parking"to fund the balance of the Police Prisoner Release Facility. Council Member Rochman SECONDED the motion. Motion carried, 5-0. 3. PRESENTATION OF CERTIFICATES OF APPRECIATION TO THE LIBRARY TECHNICAL ADVISORY COMMITTEE, AND DISSOLVING THE LIBRARY TECHNICAL ADVISORY COMMITTEE Brent Sinclair, Community Development Director, reviewed the staff report. He stated that the purpose of the Library Technical Advisory Committee was to design a library for the Town of Oro Valley. He explained that now that the design of the project has been successfully completed that this would be an appropriate time to dissolve the Committee. Mayor Loomis presented Certificates of Appreciation to the following members of the Library Technical Advisory Committee: Marilyn Barnhart, Pat Corella, Cathy Esposito, Agnes Griffen, Richard Golombek, Betsy Stunz-Hall, Mary Hartz-Musgrave, Dick Johnson, Jayne Kunnemeir, Kate O'Rielly, Mary Ann Schumacher, Brent Sinclair and Henry Suozzi. MOTION: Council Member Johnson stated that in honoring the members of the Library Technical Advisory Committee for their hard work, dedication and endurance, MOVED to publicly thank the Committee members and declare the Library Technical Advisory Committee dissolved. Council Member Wolff SECONDED the motion. Motion carried, 5-0. Mayor Loomis moved Item 8 to follow Item 3. 8. REQUEST BY MATTHEW MOUTAFIS TO RELOCATE THE PUSCH RIDGE MAJESTY PROJECT Mr. Sinclair, Community Development Director, reviewed the staff report. He explained that the creation of the ram sculpture was to be mounted in the old fountain area,but in October of 1999 Mr. Moutafis made a request to move the ram sculpture 70 feet northeast to the plaza area between the administration building and the water utility building. He explained that Mr. Moutafis is now requesting that the sculpture be placed back to the location of the old fountain area. Matthew Moutafis, 10707 North Pomegranate Drive, reported that the Bronze statue was complete and ready to be erected on the campus grounds.. He felt more people should be able to see and interact with the structure and that it should not be hidden behind the administration building. He suggested adding a synthetic water feature. He believed that this would make the statue interesting, exciting aesthetically and unique. At 7:25 p.m. the meeting continued in the courtyard to review the possible locations. At 7:40 p.m. the Council returned to the Chamber for discussion. 5/16/01 Minutes, Council Regular Session 4 Council Member Rochman suggested placing the sculpture near the library. Mr. Moutafis concurred that it was a good idea,but felt that there should be something designed specifically for the new library. Council Member Johnson suggested placing the sculpture on Site#1. Mayor Loomis stated that Site #1 or between the buildings would be fine. He also agreed with the Town Manager with regard to the fact that the sculpture might not fit in the courtyard area in front of the administration building. MOTION: Council Member Johnson moved to DENY the request to relocate the Pusch Ridge Majesty Sculpture to the old fountain in front of the Town Hall Administration Building entry, and directed staff to work with the artist on alternate Site #1 located near the corner by the saguaros next to the Magistrate Court Building. Council Member Wolff SECONDED the motion. Motion carried, 5-0. 4. APPEAL AND DEMAND FOR REFUND OF WATER DEVELOPMENT FEE BY DEVELOPER OF THE SAFEWAY VISTOSO PLAZA, MR. EISENBERG (PURSUANT TO ORO VALLEY TOWN CODE SECTION 13-3-6) (CONTINUED FROM 04/04/01) Dan Dudley, Town Attorney reviewed the staff report. He reported that in an effort to force the development to pay for itself, the Town passed Ordinance (0)00-1 l on April 5, 2001. He reported that, consequently, the increased fees went into effect on July 5, 2000. He pointed out that Mr. Eisenberg did receive constructive notice of the fee, but did not receive actual notice. He explained that at some point after July 5th, the developer applied for a water meter,which was subject to the new fees. He explained that the developer has alleged that the fees that were applicable prior to July 5th be enforced because they did not receive an actual notice of the increase. In conclusion, he stated that the appeal should be denied for the reasons stated in the memorandum. Frank Bangs, attorney representing Mr. Eisenberg, the developer of the Safeway Shopping Center. Mr. Bangs explained that his client was appealing the fee applied on September 2000 in the amount of $119,000.00, which represents a $109,000.00 increase. He explained that calculating the fee under the schedule prior to July 5th, the cost would have been $24,999.00,which made a difference of over $94,000.00. He explained that the increase in percentage terms would be 480%. He stated that despite the efforts made by the water department his client never received a copy of the letter regarding the fee increase. He stated that his client applied for a building permit in February 2000 before the increase,his client was not given any information regarding the increase. He said that it wasn't until September 2000, while purchasing the water meters that the company learned of the new fee increase of 480%. He stated that the reconsideration should be based upon fairness and due process should be applied. He concluded that fees of this nature are subject to regulatory analysis, therefore, reserves the right to pursue and challenge the fee on that basis as well as the grounds that has been submitted to Council by Mr. Eisenberg. Craig Eisenberg,the developer gave some background of the development. He explained that his main concern was the fact that he never received notification and asked that Council review his case and uphold the request that the fees be reversed to the fee prior to the April 2000 adjustment. 5/16/01 Minutes, Council Regular Session 5 MOTION: Vice Mayor LaSala moved to DENY the appeal and application for refund of the Developer. Motion SECONDED by Mayor Loomis. Motion carried, 5-0. 5. OV12-01-02 GDA SOUTHWEST LLC, DEVELOPMENT PLAN FOR RETAIL SHOPS, LOCATED ON THE SOUTHWEST CORNER OF LA CANADA DRIVE AND NARANJA DRIVE (CONTINUED FROM APRIL 18, 2001) Brent Sinclair, Community Developer Director, reviewed the staff report using the overhead projector. He reported that GDA Southwest has submitted a development plan for retail shops located on the southwest corner of La Canada Drive and Naranja Drive,which consist of 14,100 square feet. He explained that staff has reviewed the application and finds that the development meets the satisfaction of the Zoning Code and recommends approval with the conditions listed in Exhibit A. In addition, a petition was submitted by the neighbors objecting to headlight glare from the vehicles. Council Member Johnson had concerns regarding the headlights moving west and asked had there been any provisions made to protect the community, such as additional screening added to the project. Mr. Sinclair reported that the applicant has recommended the placement of a wall and additional screening, but the idea did not meet everyone's satisfaction during the neighborhood meetings, but the majority of the people in attendance did agree that this would help mitigate the problem. Bob Hadd, 11645 North Vista Del Sol, the applicant explained that he was aware of the neighbors' concerns and suggested having a professional landscape architect come and address the need to create some headlight deterrents. He explained that this could be reviewed by Town staff, with the understanding that there is a need to mitigate the headlights. He stated that he understood the need and was more than willing to comply with the request. The following citizens had concerns regarding vehicle headlights and traffic increase in the area: • Bob Horn— 11149 North Sand Pointe Drive • Bill Adler— 10720 North Eagle Eye Place In answer to a question from Mayor Loomis,Mr. Sinclair stated that staff would see that the developer provides a barrier to block headlight glare on the north and south side of the complex. MOTION: Vice Mayor LaSala moved to APPROVE OV12-01-02,Development Plan for GDA retail shops effective on the date of satisfaction of the conditions listed in Exhibit A, adding the condition that a landscape architect develop a mitigation plan for the headlights. EXHIBIT A 1. There is a discrepancy between the development plan and figure 4 of the drainage report for the elevation value of the detention basin bottom. The appropriate revision shall be made. 2. On the development plan, the call out for the detention basin outlet shall be revised to read 2 x 12" CMP outlet with riprap. 3. There is a discrepancy between the development plan and figure 4 of the drainage report for the curb opening width at the southeast corner of the detention basin. The appropriate revision shall be made. 4. On the development plan, a call out for the 15' curb opening along the east side of the detention pond shall be added. • 5/16/01 Minutes, Council Regular Session 6 5. On the development plan, a call out for the 8' curb opening along the southeast corner of the parking lot shall be added. 6. The Town's Traffic engineer shall approve traffic signage at the drive accesses. 7. Offsite improvement plans are required for the guide rail adjustment, sidewalk and drive access on Naranja Drive. 8. The elevation datum for this project and the ATA Black Belt Academy are in conflict in respect to the joint access driveway. The developers and engineers for both projects shall assure that the joint access driveway is designed to provide adequate access to both properties. 9. A correction must be made on the Development Plan to change the number from 2' to 4' on the west side planter area. 10. The lighting of signs will be prohibited on the west side elevation of the building adjacent to the subdivision. Motion SECONDED by Council Member Johnson. Motion carried, 5-0. 6. OV12-01-02 GDA SOUTHWEST LLC, LANDSCAPE PLAN FOR RETAIL SHOPS, LOCATED ON THE SOUTHWEST CORNER OF LA CANADA DRIVE AND NARANJA DRIVE (CONTINUED FROM APRIL 18, 2001) Brent Sinclair, Community Developer Director, explained that the landscape plan has been submitted in accordance with the Oro Valley Zoning Code Revised and staff recommends approval. He stated that it would be appropriate to include the conditions given for Item 5 since it could involve some landscape material. MOTION: Vice Chairman LaSala moved to APPROVE OV 12-01-02, Landscape Plan for GDA retail shops effective on the date of satisfaction of the conditions listed in Exhibit A and following added conditions that a landscape architect be commissioned to develop a headlight mitigation plan for the rear of the property. EXHIBIT A 1. Revise the graphics in the landscape plan to reflect the additional plantings shown in the proposed Plant list table of the plan. 2. Submit a revised landscape plan, that depicts the actions taken by the Town Council,prior to Applying for a grading or building permit. Council Member Rochman SECONDED the motion. Motion carried, 5-0. Mayor Loomis called for a recess at 8:30 p.m. Meeting was called to order at 8:45 p.m. 7. OV12-00-05 RANCHO VISTOSO, NEIGHBORHOOD 7, PARCEL A, PRELIMINARY PLAT EXTENSION, LOCATED SOUTH AND ADJACENT TO MOORE ROAD,WEST AND ADJACENT TO HIGHLANDS WASH,AND EAST OF VISTOSO RIDGE SUBDIVISION (CONTINUED FROM 5-2-01) Dan Dudley, Town Attorney, explained that the applicant has requested that this application be pulled from consideration since the current plat has expired. He explained that there would be no need to do anything further with their plat, other than accept the request for withdrawal and that there would be no need for a motion. 5/16/01 Minutes, Council Regular Session 7 In answer to a question from Mayor Loomis,Mr. Sinclair explained that the preliminary plat would have to be processed again through the Town. 9. PUBLIC OPINION FORUM REPORT SUBMITTED BY THE GOVERNMENT REVIEW TASK FORCE Richard Feinberg 1451 East Triton Place reviewed the report explaining why the Council should consider increasing its membership to seven. MOTION: Council Member Rochman moved to RECEIVE the Public Opinion Forum Report and make it a part of the public file. Motion SECONDED by Council Member Johnson. Motion carried, 5-0. 10. PUBLIC HEARING—ORDINANCE NO. (0)01-14 AMENDING SECTION 2-1-1 (ELECTED OFFICERS) OF THE ORO VALLEY TOWN CODE BY INCREASING THE COUNCIL MEMBERSHIP FROM FIVE MEMBERS TO SEVEN MEMBERS; 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 Kathryn Cuvelier, Town Clerk, explained that if the Ordinance is adopted, Section 2-1-1 of the Oro Valley Town Code would be amended to increase the Town Council membership from 5 to 7. The 2 additional council member seats would become available in the spring 2002 primary election. She explained that the recommendation from the Task Force is due to the Town's 345 percent growth over the past ten years and the information revealed in the Public Opinion Forum Report. The Government Review Task Force recommends that the Council membership be increased to 7 members. She reported that this vote was approved with Member Holden opposed. The following concerns were discussed: • How does a 7 member council provide diversity. • Would there be better candidates if there are more seats. • Would it be premature to make a decision at this point because of the need for additional research • The possibility of creating districts and future annexations. • The lack of interest from the citizens to attend the public forum. Mayor Loomis opened the public hearing. Bill Adler, 10720 North Eagle Eye Place. Mr. Adler stated he felt there is no evidence that expanding to 7 would improve representation, diversity of opinion or result in issues being better decided than they have been. He felt that the $70,000 cost for the 2 additional council members could be better spent elsewhere to help meet the needs in the Town's budget. Emily Smith Sleigh, 12417 North Copper Queen Way. Ms. Sleigh stated the Council needs diversity and there is no female representation on the Council. She urged the Council to consider Districts as well and stated an Initiative will come forward on the issue of Districts. She stated a lot of citizens are interested in the vote on this issue. She felt with 2 additional members, the Council will be able to do more for the citizens. 5/16/01 Minutes, Council Regular Session 8 Jim Kriegh, 40 East Calle Concordia. Mr. Kriegh stated that as a member of the Task Force he wanted to explain why he changed his opinion from 5 to 7 members. He stated that there is no way to assure that 7 members will serve the Town any better than 5 because it depends on the council members. However, it gives the Town a chance to have better representation. He pointed out that when he served on the Council, there were times that important decisions were made with only 3 council members or with 1 person guiding the decision. Jim Peterson, 230 West Rolling Hills Street. He stated with 7 members he might have a better chance for representation of his neighborhood. Dividing Council liaison duties between 7 members would also be helpful. Marilyn Cook, 11570 North Skywire Way. Ms. Cook stated she is a member of the Task Force and voted for 7 members. She relayed her conversation with a council member from Lake Havasu City that explained his support for a 7 member council. He explained that it is a great advantage to have the breadth and diversity of 7 members and that there is less chance for polarization. She stated there is no way to know if there will be better members with 7, however she still supports it. Mayor Loomis closed the public hearing. In answer to a question by Council Member Rochman, Jim Peterson stated he is not in favor of a District system, he prefers to have town-wide representation for as long as possible. Council Member Johnson stated he has concerns about allowing for representation in newly annexed areas and felt that it is premature to make the decision at this time. MOTION: Council Member Johnson moved to CONTINUE this item indefinitely. Motion SECONDED by Council Member Rochman. Discussion: Vice Mayor LaSala stated that he was ready to make a decision and felt that the Council had heard a lot of reasons why and a couple of reasons why not. He felt that annexation was not an issue because you cannot guarantee representation for any areas we may choose to annex. He pointed out if this is not done tonight or within the next couple of months, it won't get done for four years because of the election cycle. He stated it could bring stability. He stated he is ready to support it tonight. Council Member Rochman stated that he voted for a continuance because he feels he does not have all of the information he needs to make a decision. He explained that even though the Task Force has submitted information, there are some things that have not been considered. Council Member Wolff agreed that this item should be continued until more information is obtained from the general population. He asked for more public meetings. Mayor Loomis stated the Task Force has done what the Council asked it to do. He asked what more information is needed, additional public hearings by the Task Force or the Town Council? AMENDMENT TO THE MOTION: Vice Mayor LaSala request that this item be CONTINUED to a meeting to be held no sooner than August 1, 2001 and no later than August 31, 2001. Council Member Johnson and Council Member Rochman agreed to the amendment. Motion carried, 4-1, with Mayor Loomis opposed. 5/16/01 Minutes, Council Regular Session 9 11. RESOLUTION NO. (R)01-38 AUTHORIZING A CONTRACT BETWEEN THE TOWN OF ORO VALLEY, ARIZONA AND STANTEC CONSULTING INC. FOR PROFESSIONAL SERVICES RELATED TO THE PREPARATION OF A MASTER PLAN FOR THE NARANJA TOWN SITE MOTION: Vice Mayor LaSala moved to APPROVE Resolution No. (R)01-38, authorizing a contract with Stantec Consulting in the amount of$120,000 to perform professional services for the preparation of a Master Plan for the Naranja Town Site. Motion SECONDED by Council Member Johnson. Motion carried, 5-0. 12. APPROVAL OF NARANJA TOWN SITE MASTER PLAN TASK FORCE, EXECUTIVE COMMITTEE, SETTING TERMS OF APPOINTMENT,AND TASK FORCE ORGANIZATIONAL STRUCTURE Mr. Sinclair explained the structure of the Organizational Chart utilizing the Executive Committee as a Steering Committee. The Mayor & Council recommended their appointments of the following citizens to serve on the Executive Committee_ Executive Committee Bonnie Haymore (Vice-Mayor LaSala) John Wickham (Council Member Rochman) Lyra Done (Council Member Wolff) Kit Donley (Council Member Johnson) Don Chatfield (Mayor Loomis) Citizen-at-large Stan Weintraub Task Force Members Brent Sinclair, Community Development Director Bill Jansen,Public Works Director/Town Engineer Danny Sharp, Chief of Police Ainsley Reeder, Parks and Recreation Administrator Mark Brosseau, Parks and Recreation Advisory Board Member Richard Eggerding, GOVAC Bill Moody,Planning &Zoning Commission Nancy Mager, Development Review Board Bob Schlichting, Budget & Bond Committee Dennis Lindblab, Monterra Hills resident Crissie Rowley, Copper Creek resident Pam Cleveland, Monte Del Oro resident Donna Kelly, Copper Creek School Official MOTION: Vice Mayor LaSala moved to APPROVE the organizational structure of the Naranja Town Site Master Plan Task Force, the recommended appointments to the Naranja Master Plan Task Force, and the Executive Committee as submitted; and to establish a term of appointment that will expire upon the acceptance of the Master Plan by the Town Council. The term of the Task Force will be as determined by the Town Council. SECONDED by Council Member Rochman. Motion carried, 5-0. • 5/16/01 Minutes, Council Regular Session 10 TOWN MANAGER'S REPORT No report. CALL TO AUDIENCE None ADJOURNMENT MOTION: Vice Mayor LaSala moved to adjourn at 9:45 p.m. Council Member Wolff SECONDED the motion. Motion carried, 5-0. Respectfully submitted, r 'J/4 i(j4C4A-4___i Lmda Hersha, Secretary II I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley,Arizona held on the 16th day of May,2001. I further certify that the meeting was duly called and held and that a quorum was present. Dated this l I day of ,2001. C CA- 1<4 ; Kat/.4 elier,CMC Town Clerk