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HomeMy WebLinkAbout2006.0817.TCREM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL August 17, 2006 Mayor Nichols called the meeting to order at 5:15 p.m. AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38- 431.03.A1, FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT, WITH THE EXCEPTION OF SALARY DISCUSSIONS, AN OFFICER, APPOINTEE OR EMPLOYEE MAY DEMAND THAT THE DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY SHALL PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH WRITTEN NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN TWENTY-FOUR HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER THE DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING. (SPECIFICALLY TO CONDUCT INTERVIEWS OF QUALIFIED CANDIDATES WHO APPLIED FOR VACANCIES ON THE PLANNING AND ZONING COMMISSION.) Councilmember Archambault MOVED to convene the Executive Session and Councilmember McMahan SECONDED the motion, which CARRIED UNANIMOUSLY. Mayor Nichols recessed the Executive Session at 6:25 p.m. AGENDA ITEM #2 — RETURN TO REGULAR SESSION Mayor Nichols reconvened the Regular Session at 6:30 p.m. INVOCATION — Pastor David Felten, Fountains Methodist Church. ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Vice Mayor Kehe, Councilmember Leger, Councilmember McMahan, Councilmember Schlum, Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager Tim Pickering, and Town Clerk Bev Bender were also present. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS — UPDATE BY THE STRATEGIC PLANNING ADVISORY COMMISSION (SPAC) ON IMPLEMENTATION OF THE TOWN'S STRATEGIC PLAN. RESIDENT CURT DUNHAM, SPAC CHAIRMAN, WILL GIVE THE COUNCIL AN OVERVIEW OF THE SPAC'S ACTIVITIES AND ACCOMPLISHMENTS AND THE STATUS OF THE STRATEGIC PLAN IMPLEMENTATION. Strategic Planning Advisory Commission (SPAC) Chairman Curt Dunham addressed the Council relative to this agenda item and provided a brief overview of the SPAC's activities and accomplishments to date as well as a status report on the Strategic Plan implementation. He stated that this was the first of the quarterly reports that was to be presented and added that copies of Executive Summaries were available in the back of the room. He noted that the seven -member Commission had been meeting monthly since February and were happy with the progress that had been made to date. He reported that they had developed an organizational structure, roles and responsibilities; formed four sub -committees and retained a communications specialist to help "get the word out." Chairman Dunham highlighted SPAC's progress in six priority areas and discussed current initiatives (preparing for public engagement regarding the financial plan -- workshops would be held; reviewing the financial plan presentation and developing communication protocols). He also commented on proposed activities for the Commission's next quarter (sub -committee activities would continue; informed choices workshops would occur; the commercial architectural standards would hopefully be completed; coordination ZACouncil Packets\2006\R9-7-06\8-17-06 Regular and Executive Session Minutes.doc Page 1 of 10 meetings would be held with the schools and the native vegetation and low-water usage ordinance should be well on its way to going before the Council in its final form). He further stated that the SPAC was looking forward to their joint meeting with the Council in November and thanked the members for the opportunity to address them. Mayor Nichols thanked Chairman Dunham and the members of the SPAC for their work in this important area. CALL TO THE PUBLIC None. CONSENT AGENDA Mayor Nichols advised that Item #7 had been removed from the Consent Agenda and placed on the Action Agenda upon the request of Councilmember Dickey. AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM AUGUST 3, 2006. AGENDA ITEM #2 — CONSIDERATION OF RESOLUTION 2006-45, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE OFFICE OF THE STATE FIRE MARSHAL, TO CONDUCT CERTAIN INSPECTIONS AND RELATED ACTIVITIES ACCORDING TO STATUTORY REQUIREMENTS. AGENDA ITEM #3 — CONSIDERATION OF EXTENDING THE APPROVAL OF THE PRELIMINARY PLAT FOR "HIGH NOB ACRES," A PROPOSED 11-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION LOCATED ON LOT 34 OF BLOCK 1, FINAL PLAT 506-C AND THE ABUTTING UNPLATTED PARCEL OF LAND TO THE WEST OF LOT 34• CASE NO. S2004-22. AGENDA ITEM #4 — CONSIDERATION OF RESOLUTION 2006-44 WHICH RESCINDS RESOLUTION 1999-62, (A PREVIOUS ABANDONMENT WITH UNFILLED STIPULATIONS). AGENDA ITEM #5 — CONSIDERATION OF APPROVING A ONE-YEAR RENEWAL WITH MARKHAM CONTRACTING COMPANY FOR THE ANNUAL ASPHALT AND CONCRETE. AGENDA ITEM #6 — CONSIDERATION OF APPROVING AMERITAS LIFE INSURANCE CORP. AS THE DENTAL INSURANCE CARRIER AND FORT DEARBORN LIFE INSURANCE CO. AS THE LIFE INSURANCE CARRIER FOR THE TOWN OF FOUNTAIN HILLS EMPLOYEES IN 2006- 07. AGENDA ITEM #7 — CONSIDERATION OF RESOLUTION 2006-38, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY FOR OPERATING AND ADMINISTERING A SPECIAL TRANSPORTATION SERVICE FOR THE PERIOD STARTING ON TULY 1, 2006 AND ENDING ON .TUNE 30, 2007, IN THE AMOUNT OF $42,571.50. AGENDA ITEM #7 WAS MOVED TO THE REGULAR AGENDA. AGENDA ITEM #8 — CONSIDERATION OF A REPLAT OF LOT 2 IN "SHERIDAN PLAZA," LOCATED AT 13125 LA MONTANA DRIVE, INTO TWO LOTS. CASE #2006-16. AGENDA ITEM #9 — CONSIDERATION OF A LOT -JOIN REPLAT FOR "PAL'S INN PET RESORT," LOCATED AT 11669 SAGUARO BLVD., AKA PLAT 302, BLOCK 1, LOTS 3 AND 4. CASE #S2006-12. AGENDA ITEM #10 — CONSIDERATION OF APPROVING THE DONATION OF AN ART PIECE FOR PUBLIC DISPLAY BY THE LOCAL VETERANS AT THE VETERANS MEMORIAL Z:\Council Packets\2006\R9-7-06\8-17-06 Regular and Executive Session Minutes.doc Page 2 of 10 AGENDA ITEM #11 — CONISDERATION OF APPROVING A PURCHASE AGREEMENT WITH FIVE STAR FORD FOR A FULL SIZE FORD PICK-UP IN THE AMOUNT OF $25,402.77. AGENDA ITEM #12 — CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION r FOR RONALD SCHMITT (BRUNO'S SPORTS BAR AND GRILLE, LLQ LOCATED AT 16737 E. PARKVIEW AVE., FOUNTAIN HILLS, AZ. THIS REQUEST IS FOR A SERIES #6 LICENSE. Councilmember Archambault MOVED to approve the Consent Agenda as listed (with Agenda Item #7 moved to the Action Agenda) and Councilmember Schlum SECONDED the motion. A roll call vote was taken with the following results: Councilmember Dickey Aye Mayor Nichols Aye Councilmember Leger Aye Councilmember Schlum Aye Vice Mayor Kehe Aye Councilmember McMahan Aye Councilmember Archambault Aye The motion CARRIED UNANIMOUSLY (7-0). ACTION AGENDA AGENDA ITEM #7 — CONSIDERATION OF RESOLUTION 2006-38, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY FOR OPERATING AND ADMINISTERING A SPECIAL TRANSPORTATION SERVICES FOR THE PERIOD STARTING ON JULY 1, 2006 AND ENDING ON ,TUNE 30, 2007, IN THE AMOUNT OF $42,571.50. Assistant Public Works Director John Morast addressed the Council relative to this agenda item and explained that before them this evening was an intergovernmental agreement with Maricopa County to provide special transportation services to those in need in the Town. He said that staff had worked with the County to come up with an anticipated number of trips and worked with the State during the budget process to come up with their anticipated amount for those trips. He stated that what was before the Council at this time was a per trip rate that the County would charge the Town ($16.86). The anticipated annual number of trips was 2,525 and at the $16.86 per trip charge, the total annual cost to the Town was anticipated to be $42,571.50. The County only charges the Town for trips that are actually provided and if the yearly trips do not reach the target number, the service would cost less than the fiscal impact noted above. However, if the service was more popular than anticipated and the trip countcould be higher, the total contract cost would need to be increased. Mr. Morast advised staff recommended approval of the Intergovernmental Agreement with Maricopa County for FY 2006- 07 Special Transportation Services in the amount not to exceed $42,571.50. Councilmember Schlum MOVED to approve Resolution 2006-38 and Councilmember Leger SECONDED the motion. Councilmember Dickey asked whether the proposed IGA would preclude subsequent agreements either with Maricopa County or another provider for transit services. She added that the Town spends $14,000 on Valley Metro buses and noted that in April of this year, she had the feeling that the Town might wind up with more money (LTAF 2 funds). She stated that $37 million would go into the General Fund and anything above that amount would be distributed by the State. She added that it was now her understanding that the Town was going to receive approximately $72,000 in LTAF 2 funding and, since Fountain Hills was under 50,000 in population, the Town's "match" would be only 25%. She said that if the cost was $14,000 for the buses and they spend $24,000 in General Funds, they could actually access the $72,000 and have a $96,000 transit program. She questioned whether the Town could access the funding and if they could, what could be done with it. She noted that the applications had to be submitted by September 14`h. ZACouncil Packets\2006\R9-7-06\8-17-06 Regular and Executive Session Minutes.doc Page 3 of 10 Mr. Morast stated the opinion that this particular agreement would not preclude any additional agreements. He added that it was his understanding that it was actually an application for a grant for the $72,000 and said he was not sure what the total cost wais for the Valley Metro bus service but he thought (to be verified) that the Town's portion was less than $14,000. He said that a potential existed for more money with the grant and staff could certainly pursue that matter if the Council so desired with the information forwarded on for the councilmember's review. Town Manager Tim Pickering added that staff had just received information this week about the additional funding and pointed out that when they go into the budget sessions, they did not have a clear picture of what the budget amounts were. He stated that with the new information and the grant application, staff would take a look at the services because it had not gone as "smoothly" as they would have liked it to (amount of time the buswas actually in Town because of medical trips). He concluded that staff would analyze the situation over the next month and when they make the application they would try and provide services that they had heard the residents needed. Vice Mayor Kehe commented that over coffee last evening, one of the transportation clients told him she had been having trouble making travel arrangements. She advised that she had to wait four (4) hours from the time of her drop off till she could get a ride back. The Vice Mayor said he might have the person's name and would like staff to look into the situation and assist the resident in gaining optimum use from the service. Mr. Morast stated that staff would follow up on the matter. Mayor Nichols expressed concerns relative to the fact that confusion existed regarding what services actually exist and how services could be accessed. He emphasized the importance of clarifying these important issues to ensure that the residents receive optimum benefits. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #13 — CONSIDERATION OF APPROVING THE RELEASE OF FUNDS TO FOUNTAIN HILLS CHAMBER OF COMMERCE TOURISM BUREAU IN THE AMOUNT OF 125 000. Mr. Pickering advised that Mr. Frank Ferrara, President/CEO of the Fountain Hills Chamber of Commerce would address the Council and provide a brief overview of how the monies paid to the Chamber each year were used to provide tourism services for the Town. Mr. Pickering added that the Chamber does a better job of advertising and performing tourism/marketing services than the Town, which oversees economic development. Mr. Ferrara advised that in 2003, the Council named the Chamber of Commerce and its Tourism Bureau the tourism entity for the Town of Fountain Hills. This action, in effect, gave the Chamber somewhat of a position within the Town of managing the funds that were under the stewardship of the Chamber. He added that the Strategic Plan also addressed tourism and the importance of funding it as an economic development priority. Mr. Ferrara discussed the growth and composition of the Fountain Hills Chamber of Commerce Tourism Bureau as well as the organization's alliance with the Yavapai/Fort McDowell Indian Community; a smaller alliance with the City of Scottsdale; regional activities and goals; events that generate funding (2 art fairs); the hiring of Mr. Mark McDermott, the Chamber's Director of Tourism (paid for by the Chamber); budgeting and managing tourism -related funds; accomplishments over the past year; the fact that U.S. Air would be doing a story on the Town; trade show and internet marketing; the Town's Visitor's Guide and media relations. Mr. Ferrara requested that the Council approve the release of funds to the Fountain Hills Chamber of Commerce Tourism Bureau in the amount of $125,000 and thanked the Town for its ongoing support. Vice Mayor Kehe said that he asked that this item be removed from the Consent Agenda after he received a brochure from the Scottsdale Convention & Visitors Bureau and could not find any mention of the Town in the 06-07 catalogue. He stated that he was aware of the fact that the Town had been affiliated with that organization and later learned that the Town's participation/benefits level with the group had been reduced. He commented that the Chamber had the right to make that decision and he was not in any way contesting that action. He stated that it did suggest to him that the Town's organization (Chamber & Tourism Bureau) might be ZACouncil Packets\2006\R9-7-06\8-17-06 Regular and Executive Session Minutes.doc Page 4 of 10 headed in a different direction from a regional/national/worldwide organization (SCVB) into what appeared to be more of a local advocate (local Tourist Bureau acting in lieu of the former affiliation). Mr. Ferrara stated that his organization was very "taken back" when the destination marketing catalogue came out and they learned that the Town had been dropped as a partner. He added that he was upset about that action and thought it to be a "slap in the face." He reported that in following up they were told that someone had "dropped the ball" and it was not meant to happen. He added that although they were upset about it, they did not know at this point what effect it would have on future affiliation. Mr. Ferrara reported that the Chamber was just completing its Business Vitality Plan (for the Chamber's total business community). He said that the results of that plan would be presented to the Council at a meeting in September. Councilmember Schlum MOVED to approve the release of funds to the Fountain Hills Chamber of Commerce Tourism Bureau in the amount of $125,000 and Councilmember Dickey SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). Mayor Nichols thanked Mr. Ferrara for his presentation and efforts on behalf of the Town of Fountain Hills. AGENDA ITEM #14 — PUBLIC HEARING OF A SPECIAL USE PERMIT TO ALLOW "PAL'S INN," A PET RESORT PROTECT LOCATED AT 11669 N. SAGUARO BOULEVARD, TO PROVIDE KENNELING, AN OUTDOOR EXERCISE AREA, AND EXTENDED HOURS OF OPERATION. CASE NUMBER SU2006-01. Mayor Nichols declared the public hearing open at 7:05 p.m. Mr. Pickering advised that Senior Planner Bob Rodgers would provide a brief presentation on this agenda item. Mr. Pickering stated the opinion that the Town was fortunate to have this proposal come before them since Fountain Hills did not have this service (to this magnitude) at the present time and based on the fact that many citizens were apparently pet lovers, the business was an appropriate one for the community. Mr. Rodgers addressed the Council and stated that Pal's Inn was a proposal for a pet hotel/daycare/grooming and overnight boarding business. The application was for a Special Use Permit to allow an outdoor exercise area, overnight boarding and extended hours of operation. The property consists of two lots (#3 and #4) and would be located at 11669 N. Saguaro Boulevard, along the access road. The replat to combine these two lots was approved this evening on the Consent Agenda (0). The property is located next to a chiropractor's office, a vacant lot and Desert Vista Park (the park is located right behind it). Mr. Rodgers informed the Council that the Pal's Inn concept plan was approved by the Planning & Zoning Commission on July 27, 2006 and they also voted unanimously to forward a recommendation to approve this Special Use Permit on to the Council. The two lots combined were approximately 30,000 square feet and the building would be 24-feet tall at the highest point from natural grade. The combined square footage of the proposed building was 12,483 square feet. Primary access was off of the Saguaro Boulevard frontage road. The ground floor contains the kennels, grooming areas, offices, a reception area, storage areas and a pet food area. An internal courtyard -type exercise area was also being proposed for the middle of the building (open to the sky). The second floor was to house additional offices as well as a caretaker's residence (a one -bedroom apartment suit with patio). The caretaker's residence was important for this project as it would allow for 24- hour surveillance and security for all of the guests at Pal's Inn Mr. Rodgers noted that the request was for overnight boarding for the pets, the use of outdoor yard area for the exercise of the pets and to allow extended hours of operation, from 5:00 a.m. until 11:00 p.m. The Council previously issued a Special Use Permit in 2002 and the only difference between this request and the previous request was the hours of operation (at that time they were going to be 5:30 a.m. until 11:00 p.m.). That Special Use Permit died for lack of activity. He stated that staff recommended approval of this request. ZACouncil Packets\2006\R9-7-06\8-17-06 Regular and Executive Session Minutes.doc Page 5 of 10 There were no citizens wishing to speak on this agenda item and the Mayor declared the public hearing closed at 7:10 p.m. AGENDA ITEM #15 - CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW "PAL'S INN," A PET RESORT PROTECT LOCATED AT 11669 N. SAGUARO BOULEVARD TO PROVIDE KENNELING, AN OUTDOOR EXERCISE AREA, AND EXTENDED HOURS OF OPERATION. CASE NUMBER SU2006-01. Councilmember Archambault MOVED to approve the Special Use Permit for Pal's Inn and Councilmember McMahan SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #16 — PUBLIC HEARING ON ORDINANCE 06-21, AN AMENDMENT TO CHAPTER 10 — HEALTH AND SANITATION, OF THE TOWN CODE. IF ADOPTED, THE ORDINANCE WOULD ENSURE THAT SWIMMING POOLS AND SIMILAR WATER FEATURES ARE CONTINUOUSLY MAINTAINED IN A HEALTHY AND BLIGHT -FREE CONDITION. Mayor Nichols declared the public hearing open at 7:11 p.m. Mr. Pickering explained that the Town had received complaints from residents about certain pools that have turned green and were in need of attention. He said that the County Health Department was basically under- staffed and could not enforce the ordinances in Fountain Hills and therefore asked the Town to improve its ordinances. Mr. Rodgers addressed the Council and advised that the Maricopa County Health Department currently enforce and inspected complaints of dirty or "green pools" for evidence of insect breeding (insect, or mosquito vector control). Noxious or unsanitary pools were not considered part of their responsibilities. The Town had a responsibility to monitor for blighted or unhealthy/unsafe conditions and to take appropriate steps to protect its residents and ensure that pools and similar water features were maintained in a healthy, safe and blight -free manner. The County had recommended that all municipalities that have code enforcement services adopt local ordinances in order to resolve health hazard complaints at the local level. Mr. Rodgers briefly outlined the contents of the proposed Town Code Amendment and noted that (1) residents would be provided with quicker response times when concerns were raised; (2) the elimination of "green pools" would reduce the opportunities for insect breeding; (3) the elimination of "green pools" would reduce the likelihood of any drowning rescue efforts being hampered due to poor visibility and (4) reduction in the number of instances of blighted property. Mr. Rodgers informed the Council that research had shown that many municipalities in the Valley had adopted this type of ordinance (Chandler, Glendale, Mesa, Phoenix and Scottsdale). Fountain Hills Code Enforcement staff estimates that the adoption of the ordinance would create a minor increase in their workload (approximately one case per month). It was felt that this increase could be absorbed with little or no effort or effect on the overall level of service currently provided. He stated that staff recommended approval as outlined. There were no citizens wishing to speak on this item and the Mayor declared the public hearing closed at 7:14 p.m. AGENDA ITEM #17 — CONSIDERATION OF ORDINANCE #06-21, AN AMENDMENT TO CHAPTER 10 — HEALTH AND SANITATION, OF THE TOWN CODE. IF ADOPTED, THE ORDINANCE WOULD ENSURE THAT SWIMMING POOLS AND SIMILAR WATER FEATURES ARE CONTINUOUSLY MAINTAINED IN A HEALTHY AND BLIGHT -FREE CONDITION. Councilmember Dickey MOVED to approve Ordinance #06-21 and Councilmember McMahan SECONDED the motion. ZACouncil Packets\2006\R9-7-06\8-17-06 Regular and Executive Session Minutes.doc Page 6 of 10 Councilmember Leger thanked staff for their work on this item and said that he supported the proposal. He asked how staff determined the impact of the ordinance's passage on staff and Mr. Rodgers responded that the Town received approximately 12 to 14 complaints per year. Mr. Pickering responded that complaints were often citizen driven but added that Town staff was also proactive in many areas such as illegal garage sale signs/commercial signs. He said that the pool ordinance would be driven mostly by complaints. Councilmember Archambault commented that the proposal was designed to give code enforcement staff "more teeth" and requested that staff provide a brief explanation of the added benefits the proposed ordinance would provide. Raymond Reese addressed the Council and explained that what the Town had before was a very loosely written ordinance that referenced a pool or a water feature but never really focused on keeping pools free from blight. He said that in the past, if a "green pool" situation arose, the County Health Department had to be called in, they would conduct inspections, and Town staff would attempt follow up to help bring the property into compliance. The proposed ordinance was very specific and violators would go through the court system and the judge would actually impose fines. Councilmember Archambault asked whether the ordinance gave the Town the authority to actually drain blighted pools. Town Attorney Andrew McGuire replied that all this did was to create a Class 1 Misdemeanor for maintaining a pool under these conditions. The next required step, in order to obtain the authority to enter the property, was to find some ability through the court to issue an administrative warrant or some other means to gain entrance. He cautioned against moving too strongly or quickly in such a direction. Mr. Pickering noted that the main objective was to get the pools cleaned up and noted that the Town's Code Enforcement staff worked very closely with individuals and utilized a humanistic approach to solve problems. He emphasized that the Town's goal was not to ticket people; the goalwas to have nice, clean and safe pools in Fountain Hills. %W The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #18 — CONSIDERATION OF AWARDING A CONTRACT FOR CONSTRUCTION OF THE DESERT VISTA SKATE PARK TO CONCAST CORPORATION IN THE AMOUNT OF $326,702. Parks & Recreation Director Mark Mayer addressed the Council and provided a brief overview of the history of this agenda item. Mr. Mayer advised that plans and specifications for the project were prepared by Site Design Group, Inc. which had previously completed the feasibility study of the skate park for the Town. Plans were completed for both Phase I and Phase II. At this time, only Phase I (the street course) was being considered for approval. Phase II (the flow course) was not funded. An added alternate was also bid for a 6-foot high architectural fence to surround the skate park. Discussion ensued relative to the advertising/bid process; the fact that three bids were received and the lowest bid by L.P. Steel was rejected because the company had not responded to all of the items required in the bid; the next lowest bid was received from Concast Corporation in the amount of $287,602 for the base bid and $39,100 for the add alternate (total of $326,702); the fact that the amounts were substantially higher than the architect's estimates as a result of continued increases in concrete costs and steel, which were major items in a skate park, the size of the project and the fact that this was a busy time for contractors; and the fact that re -bidding would not guarantee lower prices but would delay the project several months. Mr. Mayer advised that staff recommends awarding a contract for construction of the Desert Vista Skate Park to Concast Corporation in the amount of $326,702. He said that the additional funds would need to come from Desert Vista. He advised that staff conducted a reference check on Concast and all of the input received was extremely positive. He added that although discussion took place relative to eliminating the fencing around the park, staff believed that the fence was an important component of the project and represented the best means of ZACouncil Packets\2006\R9-7-06\8-17-06 Regular and Executive Session Minutes.doc Page 7 of 10 keeping people out during the periods that the skate park would be closed. He reported that if approved, construction would begin almost immediately and should be completed approximately one week before Christmas. Mayor Nichols thanked Mr. Mayer for his presentation. Councilmember Dickey MOVED to award the contract for construction of the Desert Vista Skate Park to Concast Corporation in the amount of $326,702.00. Councilmember McMahan SECONDED the motion. Vice Mayor Kehe said that he supported moving ahead with the project and commented that at the outset of this project there was discussion about labor and material donations. He questioned whether this was still an option. Mr. Mayer replied that the Committee was still in operation but their efforts had been held up because they were waiting to find out the Town's commitment to the project and to determine for certain whether the project would move forward. The Committee was also waiting to find out what the costs were, how much they really needed to raise and what the actual material quantities were. Mr. Mayer said that he had remained in contact with the members and knew they were also working to establish their tax-exempt status so that people who donated to the project could utilize tax advantages. He noted that some of the members were present this evening and prepared to speak on the issue. Vice Mayor Kehe asked what type of supervision would be in place at the skate park once it had been completed and Mr. Mayer responded that following extensive research into this area, staff had determined that it was important from a liability perspective that they not necessarily staff the facility but rather be very careful about building an appropriate, safe facility and, more importantly, that they post rules that identify that there were some risks involved. In the case of skateboarding, biking and blading, those risks could be significant and one of the universal recommendations staff heard was that they publicly post that safety equipment, including helmets, knee pads, etc. are strongly encouraged. He added that there would be a larger liability associated with actually staffing the facility than simply making people aware of the inherent dangers associated with these particular sports. Councilmember Leger also spoke in support of the project moving forward but expressed concerns relative to the increased cost of the construction. Discussion ensued relative to the +12% contingency and the fact that it was discretionary; the fact that Phase I was basically "flat work;" the fact that the project had a December 18'h completion date and the contract contains a $400 late fee per day penalty; and the fact that the completion date was contingent upon the weather. Councilmember Dickey spoke in support of the project as well and thanked staff for their efforts. In response to a question from the Mayor, Mr. Mayer stated that there would be a one-year warrant on the materials and workmanship. In addition, standard contracts contain other mechanisms to ensure that projects were constructed in the manner they should be and that for the following year they remain that way. He said that there would be maintenance but it would be associated with use rather than lack of construction. Councilmember Archambault noted that the park would be multi -flexible to accommodate varied users and commended staff and the members of the Planning and Zoning Commission for their hard work on this project. He said that it had been a long time coming and he supports it 100%. Mayor Nichols also spoke in favor of the project moving forward and said that it was a privilege for the youths to have this state of the art facility. He said that if youths abuse the facility, they should lose the right to use the facility. He added that use of the facility by local youths should be the Town's first consideration and if a fee was going to be charged, a much larger fee should be assessed users who live outside of Fountain Hills. Z:\Council Packets\2006\R9-7-06\8-17-06 Regular and Executive Session Minutes.doe Page 8 of 10 Mr. Mayer said that there would be a "wristband" method put into place that identified people who registered as a skate park user. They would be made aware of the rules and anyone who failed to follow the rules would be subject to expulsion from the facility. Town Clerk Bev Bender advised that there were four (4) speakers and the Mayor requested that they come up and present their remarks when their names are called. Andrew Dennis, a member of the Fountain Hills Skateboard Association, said that his group was formed to help raise funds for the skate park -- mainly Phase II but at the same time advocate for the park in general. He added that hewas a fairly new resident of the Town but had skateboarded for 20 years. He spoke in strong support of the project and thanked the Council for their efforts and support to bring this important amenity to the Town. Bruce Tominello, 16208 N. Sunridge Drive, also spoke in support of the project but expressed concerns relative to the increased cost and the fact that they were now going to get half a skate park rather than a whole skate park because the project was delayed too long. He added that some of the members of the Council were slow to offer their support and urged them not to delay the same way on Phase II. He stated that there was money in reserve to do the project right and right now. He said that he hoped that the quoted cost included lighting so that the youths could utilize the facility at night during the hot summers. Bob Deppe, 16247 N. Boulder Drive, said he was not there to discuss the merits of the skate park or the contract but rather the cost. He said that the Town budgeted $210,000 and now the cost was going to be $326,000 (a 56% increase). He stated that the Town was "going broke" because of project over -runs. He expressed the opinion that the citizens would not approve a property tax unless the Council shows that they were fiscally responsible now. He recommended that they stick with the $210,000 that was originally budgeted and either downsize the project or ask Phylis Kern's group to supply the rest. Shawn Gruiney, 11606 N. Saguaro Blvd., discussed the importance of having a skate park in the Town. He said that he served as a member of the Fountain Hills Skate Park Committee a couple of years ago and stressed the importance of providing youths with activities such as this. He thanked the Council and members of staff for their efforts to bring this important project to fruition and said that it would positively impact the youths of the community. Mayor Nichols thanked the speakers for their comments and called for the vote. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #19 — SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER. None. AGENDA ITEM #11— ADJOURNMENT Councilmember Schlum MOVED that the Council adjourn and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY. The meeting adjourned at 7:50 p.m. ZACouncil Packets\2006\R9-7-06\8-17-06 Regular and Executive Session Minutes.doc Page 9 of 10 TOWN OF FOUNTAIN HILLS By Wally ichols, Mayor ATTEST AND PREPARED BY: Bevelyn J. Bender, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills on the 17th day of August 2006. I further certify that the meeting was duly called and that a quorum was present. DATED this 7`" day of September, 2006. Bevelyn J. end r, Town Clerk ZACouncil Packets\2006\R9-7-06\8-17-06 Regular and Executive Session Minutes.doc Page 10 of 10