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8/25/03

 

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

TUESDAY, SEPTEMBER 2, 2003

 

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 (4).

 

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 Gilbert Lopez, Grace Meeth, Terry Smith, Shea Stanfield, Jay Williams.

 

EXECUTIVE SESSION: An Executive Session will be held during the Regular Council Session for legal matters pursuant to A.R.S. Section 38-431.03(A)(3) and (4) as follows:

                                    EXECUTIVE SESSION AGENDA

            Advice and consultation with the Town’s Attorneys in order to obtain legal advice from its attorney and in order to consider the Town’s position and instruct its attorneys regarding contemplated and/or pending litigation.  The executive session discussion may include, but is not limited to possible settlement discussions to avoid or resolve litigation regarding the following matters:

           

1.      Legal advice regarding federal land patents

2.      Pending litigation regarding private easements

                        A.R.S. Section 38-431.03(A)(3) and (4)

 

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.      Ian Cordwell, Planning Director will give a report regarding streetscape in the Town Core.

2.      Bill Farrell, Town Attorney will give an update on the new laws passed by the State Legislature this year.

3.   Dr. Gaye Leo, Principal of Cactus Shadow High School will give a report

      regarding the Youth Council, along with Lisa Davis, Student Council President.

 

ACTION ITEMS

 

I.            CONSENT AGENDA

 

Approval of the August 4, 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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1.         AN UPDATE ON ANDDISCUSSION 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 (Continued from the meeting of August 4, 2003)

 

                        Placed on the agenda by the Mayor, Town of Cave Creek

 

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.

 

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2.         DISCUSSION AND POSSIBLE ACTION REGARDING AN IGA WITH MARICOPA COUNTY PROVIDING FOR ASSUMPTION OF A PORTION OF A LEASE WITH BLM TO TRANSFER 10 ACRES OF LAND TO THE TOWN KNOWN AS THE RODEO GROUNDS AND DISCUSSION WITH MARICOPA COUNTY OF ACQUIRING AN ADDITIONAL 10 ACRES ADJACENT TO THE RODEO GROUNDS FOR EXPANSION OF THE USE. THERE ALSO WILL BE DISCUSSIONOF A USE AGREEMENT WITH DESERT FOOTHILLS COMMUNITY ASSOCIATION.

 

                        Placed on the agenda by the Town Attorney, Town of Cave Creek

 

This is a request for the Council to have discussion and give direction to Staff regarding an intergovernmental agreement that authorizes the transfer ownership of the Rodeo Grounds plus an additional 10 acres of property from Maricopa County to the Town of Cave Creek as well as discussion of a use agreement with Desert Foothills Community Association.

 

                        Public Comment

Council Action Needed:            Motion to give direction to Staff.

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3.         CERTIFICATION BY TOWN COUNCIL OF QUARTERLY REVENUES COLLECTED IN FY 2003, AND CERTIFICATION BY TOWN COUNCIL OF FY 2004 FIRST QUARTER REVENUE COLLECTED BY THE MUNICIPAL COURT PURSUANT TO A.R.S. 12-116.04

 

Placed on the agenda by the Municipal Court, Town of Cave Creek.

 

This is a request by the Municipal Court for the Council to certify quarterly revenue as reported in Fiscal Year 2003 in compliance with A.R.S. 12-116.04.  This will establish the baseline amount for Fiscal Year 2004 to be reported to the State of Arizona; also to certify Fiscal Year 2004 first quarter revenues by September 15, 2003, as required by A.R.S. 12-116.04.  It should be noted that the first quarter does not end until September 30, 2003, however, the legislation has a reporting date of September 15, 2003.

 

                        Public Comment

Council Action Needed:            Motion to certify Fiscal Year 2003 revenues by quarters as follows: 1st Quarter, $22,190.17; 2nd Quarter, $24816.33; 3rd Quarter, $20,834.15; 4th Quarter $19,608.92 and the 1st Quarter of Fiscal Year 2004 tentatively as $22,190.17.

 

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4.         REQUEST FOR REIMBURSEMENT OF BUILDING PERMIT FEES TO THE CAVE CREEK MUSEUM

 

Placed on the agenda by the Building Department, Town of Cave Creek.

 

Public Comment

Council Action Needed:            Motion to approve or deny approval of reimbursing building permit fees to the Cave Creek Museum for permit number 03-286.

 

Narrative:  The Cave Creek Museum is an absolutely unique and irreplaceable asset to the Town of Cave Creek. Their collection of artifacts from our town’s history is of significant value to the town.

 

Previous Town Councils have chosen to make monetary donations to the Cave Creek Museum to express their thanks and appreciation for the contributions the Museum has made to our community.  Because of tight budgets and economic uncertainty, the last Council did not follow that established course.

 

Because of expanding needs the Cave Creek Museum recently undertook the construction of a four hundred and twenty foot addition.  The fees to the Town for the required building permit

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amounted to a total of $780.01 for plan reviews, inspections and related services. A breakdown follows:

                        Building Permit                      $392.25

                        Building Plan Review            $237.76

                        Engineering Plan Review            $100.00

                        Zoning Clearance                    $ 50.00

                        TOTAL:                                   $780.01

Town Staff is recommending that these fees be reimbursed to the Museum.

 

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5.         RESOLUTION R2003-13 ABANDONING 30-FEET OF ROADWAY EASEMENT AT CLOUD ROAD AT 5050 EAST CLOUD ROAD TO 50TH STREET

 

Placed on the agenda by the Engineering Department, Town of Cave Creek.

 

                        Applicant:         Diane Recine, MD

              Location:  Northern side of 5050 Cloud Road for a length of approximately 8441.20 feet

Request:Recommendation of Abandonment of 30-feet of roadway easement for an approximate area of 13,197.37 square feet or 0.30 acres

 

Public Comment

Council Action Needed:            Motion to approve or deny approval Resolution R2003-13.

 

Narrative:  A request by Diane C. Recine, MD for abandonment of 20-feet of roadway easement along Cloud Road from 50th Street east to for 441.20 feet.  Other portions of Cloud Road have been abandoned in this area due to the road ending in a cul-de-sac at 50th Street.  The abandonment of this portion of the roadway will leave a remaining 53-foot width of road easement.

 

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6.         RESOLUTION R2003-14 AND RESOLUTION R2003-15 ABANDONMENT OF 25-FEET OF TOWN RIGHT-OF-WAY ALONG HIGHLAND ROAD FROM 60TH STREET WEST TO THE END OF THE CUL-DE-SAC

 

Placed on the agenda by the Engineering Department, Town of Cave Creek.

 

                        Applicant:         Marshall Greenberg

                        Location:          Highland Road west of 60th Street

                       

 

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              Request:  Recommendation of Abandonment of 25-feet of Town    right-of-way along Highland Road from 60th Street west to the end of the cul-de-sac

 

Public Comment

Council Action Needed:            Motion to approve or deny approval of Resolution R2003-14.

                                                Motion to approve or deny approval of Resolution R2003-15.

 

Narrative:  A request by Marshall Greenberg for abandonment of 25-feet of Town right-of-way along Highland Road from 60th Street west to the end of the cul-de-sac for a length of approximately 340 feet.  The request is to change the road from Town Public Right-of-Way to a private ingress/egress and public utility easement

 

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7.         AUTHORIZATION TO PURCHASE 2003 CASE 570M XT LOADER LANDSCAPER TRACTOR

 

Placed on the agenda by the Engineering Department, Town of Cave Creek.

 

Public Comment

Council Action Needed:            Motion to approve or deny approval to purchase a  2003 Case Loader Landscaper Tractor in an amount not to exceed $37,773.96.

 

Narrative:  The Public Works Department is currently operating a grade tractor that is over 12 years old.  This year we budgeted $40,000 for a new tractor.  With the trade in of our old tractor the final cost to the Town for the new tractor is $37,773.96

 

 

 

SUMMARY OF CURRENT EVENTS BY MAYOR

ADJOURNMENT

POSTED THIS          day of August, 2003

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk