AMENDED 5/1/02
Americans with Disabilities Act Notification: In
accordance with the Americans with Disabilities Act (ADA) and Section 504 of
the Rehabilitation Act of 1973 (Section 504), the Town of Cave Creek does not
discriminate on the basis of disability in the admission of or access to, or
treatment or employment in, its programs, activities, or services. For
information regarding rights and provisions of the ADA or Section 504, or to
request reasonable accommodations for participation in Town programs,
activities, or services contact the Town Clerk, 37622 N. Cave Creek Rd., Cave
Creek, AZ 85331; (480) 488-1400.
NOTICE AND AGENDA
REGULAR TOWN COUNCIL MEETING
TOWN OF CAVE CREEK, ARIZONA
MONDAY, MAY 6, 2002
Notice
is hereby given that the Town Council of the Town of Cave Creek will hold an
Executive Session during its Regular Session, which begins at 6:00 p.m. The Executive Session will be held to
discuss those legal matters set forth on the Executive Session Agenda set forth
below, pursuant to A.R.S. Section 38-431.03(A) (3) and (7).
CALL
TO ORDER 6:00 PM. Vincent Francia,
Mayor, 37622 N. Cave Creek Road, Cave Creek, AZ.
ROLL CALL Mayor Vincent Francia, Vice-Mayor Ralph
Mozilo, Council Members Bruce Flickinger, Gilbert Lopez, Grace Meeth, Shea
Stanfield, Jerry Whitmore.
EXECUTIVE SESSION: An Executive Session will be held during the Special Council Session
for legal matters pursuant to A.R.S. Section 38-431.03(A)(3) and (7) as
follows:
EXECUTIVE SESSION AGENDA
1.
Discussion and
consultation with the Town’s Attorneys for legal advice and with the Town’s
representatives in order to consider the Town’s position and instruct its
representatives regarding negotiations of the purchase of real property (Foster
property and Cave Creek Water Company). A.R.S. Section 38-431.03(A)(3) and (7).
2.
Discussion and
consultation with the Town attorneys for legal advice concerning the issue and
cost of environmental insurance for Spur Cross and the Phoenix Mine Site
(Foster property) and acquisition of Cave Creek Water Company A.R.S. Section
38-431.03A(3)
Council Action Needed: Motion
to convene into Executive Session.
The Public Meeting will begin at 7:00 p.m. following
the Executive Session.
PLEDGE OF ALLEGIANCE
CALL TO THE PUBLIC
Residents/Visitors are encouraged to comment about any
matter not included on the agenda. State Law prevents the Council from taking
action on items not on the agenda, except to set them for consideration at a
future date. Please limit your comments
to three (3) minutes.
REPORTS - The following reports are for Council
discussion only. There will be no
action taken, except to set an item for Council consideration at a future date.
1.
Monthly status
report by Lt. David Trombi, Maricopa County Sheriff’s Office, District #4 North
to include criminal activity and crime statistics for the Cave Creek area.
2.
Monthly status
report by Chief Jim Ford, Rural Metro to include emergency medical and fire
service activities in the Cave Creek area.
3.
Update by
Vice-Mayor Mozilo regarding the status of Spur Cross Ranch Master Plan with
Maricopa County Parks & Recreation.
ACTION ITEMS
I. CONSENT
AGENDA
1. Minutes of the
March 25, 2002 Special Work Session.
Minutes of the March 28 2002 Special
Council Meeting.
Minutes of the April 1, 2002 Regular Council
Meeting.
Council Action Needed: Motion
to approve the items listed on the Consent Agenda.
II. GENERAL
AGENDA ITEMS
If
you wish to speak to the Council about any item included on the agenda for
action, please complete a ARequest to Speak@ form
and place it in the box at the end of the staff table. The Town Clerk will call your name at the
appropriate time. Copies of any
reports, photographs, diagrams, charts, maps, or other materials presented to
the Council must be given to the Town Clerk for inclusion in the Official Town
Record.
PAGE#
ITEM#
P.1
1. RATIFICATION OF EXPENDITURE OF FUNDS.
Placed on the agenda by the
Recreation and Community Services Department, Town of Cave Creek.
This
is a request for the Council to ratify the purchase of equipment for the
Community Recycling Program. The total amount of the purchase from Steelform
Industries is $16,971.70. (This
item is continued from the April 15, 2002 Town Council Meeting.)
Public Comment
Council Action Needed: Motion to approve or deny ratifying the purchase
from Steelform Industries in an amount of $16,971.70.
P.4
2. RATIFICATION OF EXPENDITURE OF FUNDS.
Placed on the agenda by the
Recreation and Community Services Department, Town of Cave Creek.
This
is a request for the Council to ratify the expenditure of funds in an amount of
$15,684.25 for the services of Philip Services Corporation for collection,
packaging, transportation and disposal of hazardous material collected at the
Household Hazardous Waste Collection Event.
(This item is continued from the April 15, 2002 Town Council
Meeting.)
Public Comment
Council Action Needed: Motion
to approve or deny ratifying the expenditure of funds to Philips Services Corp.
in an amount of $15,684.25.
PAGE# ITEM#
P.5
3. APPROVAL OFOFF-TRACK WAGERING
LICENSE FOR YAVAPAI COUNTY FAIR ASSOCIATION DBA YAVAPAI DOWNS AT PRESCOTT
VALLEY
Placed on the agenda by the
Town Administration, Town of Cave Creek.
This
is a request for Council to approve or deny a request for Yavapai County Fair
Association dba Yavapai Downs at Prescott Valley to conduct off-track wagering
at the Satisfied Frog Restaurant, 6425 E. Cave Creek Rd., Cave Creek, AZ
beginning May 25, 2002 through and including September 2, 2003.
Public Comment
Council
Action Needed: Motion to approve or deny the off-track wagering license.
P.6
4. APPROVAL OF RESOLUTION NO. R2002-12 CALLING FOR
A SPECIAL ELECTION TO BE HELD ON SEPTEMBER 10, 2002 TO SUBMIT THE QUESTION OF
AUTHORIZING THE TOWN TO ACQUIRE A PUBLIC UTILITY AND THEREAFTER ENGAGE IN THE
WATER UTILITY BUSINESS
Placed on the agenda by the Town
Administration, Town of Cave Creek.
This
is a request for the Council to approve a resolution that calls for an election
to submit to the qualified electors of the Town the question of authorizing the
Town to acquire a public utility and thereafter to engage in the water utility
business, pursuant to A.R.S. 9-514.
Public Comment
Council Action Needed: Motion
to approve or deny approval of Resolution R2002-12.
PAGE# ITEM#
P.8
5. APPROVAL OF RESOLUTION NO. R2002-13 CALLING FOR
A SPECIAL ELECTION TO BE HELD ON SEPTEMBER 10, 2002 TO SUBMIT THE QUESTION OF
AUTHORIZING THE TOWN TO ISSUE BONDS PAYABLE SOLELY FROM WATER REVENUES AND TO
USE THE BOND PROCEEDS TO ACQUIRE A PUBLIC UTILITY AND THEREAFTER ENGAGE IN THE
WATER UTILITY BUSINESS
Placed on the agenda by the Town
Administration, Town of Cave Creek.
This
is a request for the Council to approve a resolution that calls for an election
to submit to the qualified electors of the Town the question of authorizing the
Town to issue bonds payable solely from water revenues and to use the bond
proceeds to acquire a public utility and thereafter to engage in the water
utility business.
Public Comment
Council Action Needed: Motion
to approve or deny approval of Resolution R2002-13.
P.10
6. PUBLIC HEARING AND APPROVAL OF RESOLUTION
R2002-14, ADOPTING THE PROPOSED GENERAL PLAN OF THE TOWN OF CAVE CREEK AND
ORDERING THAT THE PROPOSED GENERAL PLAN BE SUBMITTED TO THE QUALIFIED ELECTORS
OF THE TOWN OF CAVE CREEK FOR RATIFICATION AND PROVIDING NOTICE OF THE PLAN AND
SUCH SUBMISSION TO THE VOTERS AND PROVIDING FOR AN EFFECTIVE DATE
Placed on the agenda by the Planning
Department, Town of Cave Creek.
This
is a request for the Council to hold a public hearing, then approve a
resolution, which would adopt the proposed General Plan. The proposed General
Plan will amend the Land Use, Circulation and Open Space Elements. Several
elements will be added, including Transportation, Growth Area, Environmental
Planning, Cost of Development and Water Resources. The
resolution orders that the proposed General Plan be submitted to the qualified
electors of the Town of Cave Creek for ratification, provides notice of the
Plan and such submission to the voters and provides for an effective date.
Public Hearing
Council
Action Needed: Following the Public Hearing, motion to approve or deny approval of
Resolution R2002-14.
PAGE# ITEM#
P.13
7. FIRST READING OF ORDINANCE NO. O2002-08 AMENDING
THE TOWN CODE BY ADDING A SECTION PROHIBITING THE ACTIVE SOLICITATION OF THE
OCCUPANTS OF AUTOMOBILES TRAVELLING IN THE RIGHT OF WAY.
Placed on the agenda by the Planning
Department, Town of Cave Creek.
This
is a request for the Council give First Reading to an ordinance that would
amend the Town Code by adding a section prohibiting the active solicitation of
the occupants of automobiles traveling in the right of way.
Public Comment
Council Action Needed: Motion to approve or deny giving First Reading to
Ordinance O2002-08.
ADDITION
8. AUTHORIZATION FOR THE MAYOR TO SIGN A PURCHASE AGREEMENT FOR THE
PURCHASE OF THE FOSTER PROPERTY, AND AUTHORIZATION FOR THE TOWN MANAGER TO
ISSUE A CHECK FOR $60,000.00 EARNEST MONEY FOR THE TRANSACTION.
Public Comment
Council Action Needed: Motion to approve or deny the authorization for the
Mayor to sign a purchase agreement and for the Town Manager to issue a check
for $60,000.00 earnest money for the transaction.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED
THIS day of
April, 2002
BY:
___________________________________
Carrie A. Dyrek, Town Clerk