7/25/03
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, AUGUST 4, 2003
CALL TO ORDER 7:00 PM. Vincent Francia, Mayor, 37622 N. Cave Creek
Road, Cave Creek, AZ.
ROLL CALL Mayor Vincent Francia, Vice-Mayor Ralph
Mozilo, Council Members Gilbert Lopez, Grace Meeth, Terry Smith, Shea
Stanfield, Jay Williams.
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. Council
members comments regarding the July 18, 2003 Town Council Retreat.
2. Vice
Mayor Ralph Mozilo will give a report on the status of fire issues.
ACTION ITEMS
I. CONSENT AGENDA
Approval of
the July 7, 2003 Regular Council Meeting minutes.
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
Request 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. PUBLIC HEARING AND PRELIMINARY PLAT
APPROVAL FOR LOS PIEDRAS GRANDES: AQUA HOLDINGS, LLC, CASE NO. P-01-06
Placed on the agenda by the
Planning Department, Town of Cave Creek. (This case was continued from the
March 3, 2003 Council meeting.)
Case:
P-01-06 Preliminary Plat – Los
Piedras Grandes
Applicant: Aqua Holdings, LLC
Owner: Aqua Holdings, LLC
Location: Generally
located at the southwest corner of Skyline Drive and Never Mind Trail
(216-29-1Q,
1R, 1L, 1N & 1G)
Request: Recommendation
of approval of Preliminary Plat for a subdivision consisting of 13 lots on
approximately 34.3 acres
Zoning: Desert
Rural (D-2.5A) Residential Zoning District
Public
Hearing
Council
Action Needed: Following
the Public Hearing, motion to approve or deny approval of the Preliminary Plat
for Case P-01-06.
P. 94
2. ADOPTION OF RESOLUTION R2003-12
APPROVING AN INTERGOVERNMENTAL AGREEMENT PROVIDING FOR THE TOWN’S PARTICIPATION
IN LITIGATION REGARDING LOSSES SUFFERED BY THE LOCAL GOVERNMENT INVESTMENT POOL
(LGIP)
Placed on the agenda by the
Town Attorney, Town of Cave Creek.
This is a request for Council
to approve the IGA between the Attorney General and the Town of Cave Creek
providing for the Town’s participation in litigation to recover Town funds lost
in the LGIP. (This item was continued from the July 21, 2003 Council meeting
in order for staff to gather additional information for Council prior to
Council making a decision on this issue.)
Public Comment
Council
Action Needed: Motion to approve or deny approval of Resolution
R2003-12.
PAGE# ITEM#
P. 102
3. FIRST READING OF ORDINANCE O2003-05
AMENDING TITLE III, ADMINISTRATION, CHAPTER 32: POLICE DEPARTMENT BY AMENDING
SECTIONS 32.01 THROUGH 32.07
Placed on the agenda by the Town
Attorney, Town of Cave Creek
This
is a request for the Council to give First Reading to an ordinance amending the
Town Code regarding Police Department to correctly reflect duties and
responsibilities related to Police functions. (This item is continued
from the July 21, 2003 Council meeting to allow the attorney to revise the
ordinance to include Town Council comments discussed during the July 21, 2003
meeting.)
Public Comment
Council
Action Needed: Motion
to approve or deny approval of the First Reading of Ordinance O2003-05.
P. 130
4. SECOND READING OF ORDINANCE O2003-03
LEVYING UPON THE ASSESSED VALUATION OF PROPERTY WITHIN THE TOWN OF CAVE CREEK,
ARIZONA, SUBJECT TO TAXATION, A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS
($100.00) OF SECONDARY ASSESSED VALUATION SUFFICIENT TO RAISE THE AMOUNT
NECESSARY TO PAY PRINCIPAL AND INTEREST ON, AND REGISTRATION COSTS OF,
OUTSTANDING GENERAL OBLIGATION BONDS OF THE TOWN (SPUR CROSS RANCH), LESS THE
AMOUNT ESTIMATED TO BE RECEIVED FROM OTHER SOURCES OF REVENUE; ALL FOR THE
FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2004 AND DECLARING AN
EMERGENCY
Placed on the
agenda by the Town Administration, Town of Cave Creek
This
is a request for Council to give second reading to Ordinance O2003-03 levying
upon the assessed valuation of property within the Town of Cave Creek a certain
sum upon each one hundred dollars ($100.00) of valuation, and declaring an
emergency. This is the ordinance that authorizes the Town to collect the
property tax to pay for Spur Cross Ranch bonds this fiscal year. This is not a
new tax. This property tax was approved by the Cave Creek voters at the
September, 2000 election to pay for the Town’s share of the purchase of Spur
Cross Ranch property.
Public Comment
Council
Action Needed: Motion to
approve or deny the second reading of Ordinance O2003-03.
PAGE# ITEM#
P. 132
5. SECOND READING OF ORDINANCE O2003-04
AMENDING THE TOWN OF CAVE CREEK SUBDIVISION ORDINANCE ARTICLE 12, ENGINEERING
PLANS
Placed on the agenda by
Engineering Department, Town of Cave Creek.
This
is a request for Council give Second Reading to an ordinance amending Article
12, Section 3 of the Subdivision Ordinance. Several changes were recommended by
the Town Attorney to strengthen the Assurance Agreements provided to the Town
by Subdividers.
Public Comment
Council
Action Needed:Motion
to approve or deny approval of the Second Reading of Ordinance O2003-04.
P.
6. AUTHORIZATION TO EXPEND FUNDS FOR
REMAINDER OF PAYMENT OF INVOICES FOR LEGAL FEES DUE TO SHEPPARD, MULLIN AND FOR
CONSULTING FEES DUE TO WILLIAMS AVIATION REGARDING THE QUIET SKIES LITIGATION
Placed on the agenda by the Town
Attorney, Town of Cave Creek
This
is a request for Council to authorize final payment to Sheppard, Mullin for
legal fees and to Williams Aviation for consulting services regarding the Quiet
Skies litigation in an amount not to exceed $18,000. The total amount owed is
$36,000.00. The Town of Carefree
Council will be taking action to authorize payment of the other $18,000.
Public Comment
Council
Action Needed:Motion
to approve or deny approval of authorization to expend funds in an amount not
to exceed $18,000 for final payment to Sheppard, Mullin and Williams Aviation.
P.
7. DISCUSSION AND POSSIBLE ACTION TO
DIRECT STAFF TO PROCEED WITH THE PROCESS TO PREPARE AN INTERGOVERNMENTAL
AGREEMENT (IGA) BETWEEN THE TOWNS OF CAREFREE AND CAVE CREEK AND MARICOPA
COUNTY FOR THE INTERIM TRANSFER OF THE OWNERSHIP OF THE BLACK MOUNTAIN SUMMIT
FROM MARICOPA COUNTY TO THE TOWNS OF CAREFREE AND CAVE CREEK
Placed on the agenda by the Mayor,
Town of Cave Creek
PAGE# ITEM#
This
is a request for Town Council to discuss and possibly take action to direct
staff to proceed with preparation of an IGA between the Towns of Carefree and
Cave Creek and Maricopa County for the Interim transfer of ownership of the
Black Mountain Summit to the Towns of Carefree and Cave Creek.
Public Comment
Council
Action Needed: Motion
to approve or deny approval of directing staff to proceed with the process to
transfer the ownership of the Black Mountain Summit.
P. 142
8. APPOINTMENT OF PLANNING COMMISSIONER
Placed on the agenda by the
Planning Department, Town of Cave Creek.
This
is a request to appoint a citizen to fill a current vacancy on the Planning
Commission due to the resignation of Alan Northcott.
Public Comment
Council
Action Needed: Motion
to appoint a citizen to fill the current Planning Commission.
P. 146
9. PUBLIC HEARING AND APPROVAL OF FINAL
PLAT FOR LAS VENTANAS (CASE #F-01-01)
APPLICANT: United
Engineering Group
OWNER: INCA
Capital Management, LLC
LOCATION: The northeast corner of the Carefree
Highway and North 44th Street
PARCEL
NO.: 211-48-002A
REQUEST: Recommendation of approval of Final
Plat for a 23-lot subdivision on approximately 80 acres
ZONING: Desert
Rural (D-2.5A)
Public
Hearing
Council
Action Needed: Following
the Public Hearing, motion to approve or deny approval of the Final Plat for
Case F-01-01.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS day of July,
2003
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk