10/27/03

 

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, NOVEMBER 3, 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 easements on public roads, Carefree Highway and discussion and consultation with the Town’s Attorney regarding possible settlement of pending litigation Desert Creek v. Town of Cave Creek (CV2002-002232).

                        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 an update on the status of prioritizing changes in the zoning ordinance that have been identified as areas of concern.

 

ACTION ITEMS

 

I.            CONSENT AGENDA

 

A.Approval of the October 6, 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#

 

1.         DISCUSSION AND POSSIBLE ACTION REGARDING DESERT CREEK SETTLEMENT ON RATIFICATION OF A SETTLEMENT IN THE CASE KNOWN AS DESERT CREEK V. TOWN OF CAVE CREEK (CV2002-002232).

 

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

 

Public Comment

Council Action Needed:            Motion to ratify settlement in the case known as Desert Creek v. Town of Cave Creek (CV2002-002232).

 

Narrative:            This is a request for Council to have discussion and give consideration to ratifying a settlement of the Desert Creek v. Town of Cave Creek litigation (case CV2002-002232).

 

 

PAGE# ITEM#

P. 1

2.         DISCUSSION AND ADOPTION OF  RESOLUTION R2003-17 AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF CAVE CREEK AND MARICOPA COUNTY TO TRANSFER CONTROL OF TWENTY ACRES OF BUREAU OF LAND MANAGEMENT(BLM) LEASE LANDS COMMONLY KNOWN AS THE RODEO GROUNDS TO THE TOWN OF CAVE CREEK AND TO MAKE APPLICATION TO THE BLM FOR TRANSFER OF THE LEASE AND/OR THE ISSUANCE OF A PATENT FOR SAID TWENTY ACRES.

 

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

 

Public Comment

Council Action Needed:            Motion to approve or deny approval of Resolution R2003-17.

 

Narrative:  This is a request for Council discussion and consideration to approve a resolution authorizing the Mayor and Town Clerk to sign an intergovernmental agreement between the Town and Maricopa County regarding transfer of control of the Rodeo Grounds located on the west side of the Town to the Town of Cave Creek and to make application to the BLM for transfer of the lease and/or the issuance of a patent for the 20 acres of BLM land known as the Rodeo Grounds. 

 

 

 

PAGE# ITEM#

P. 20

3.         DISCUSSION AND ADOPTION OF RESOLUTION R2003-18 AUTHORIZING THE MAYOR, TOWN MANAGER, TOWN CLERK AND TOWN ATTORNEY TO DO ALL ACTS, SIGN ALL DOCUMENTS AND PAY ALL SUMS NECESSARY FOR THE ACQUISITION OF A CERTAIN FIVE ACRE PARCEL THAT WILL BE KNOWN AS TRACT ‘C’ AT THE TIME OF THE RECORDATION OF THE FINAL PLAT FOR LAS VENTANAS.

 

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

 

Public Comment

Council Action Needed:Motion to approve or deny approval of Resolution R2003-18.

 

Narrative:  The Council previously gave preliminary plat approval to a subdivision known as Las Ventanas.  The plat showed a five (5) acre parcel as Tract C and there was discussion that when the plat recorded the parties may wish to transfer ownership of the parcel to the Town for the sum of $46,000.00. 

 

It was further agreed between the parties that the $46,000.00 could be in the form of fee credits and did not require cash for the transaction.

 

To close escrow on this matter after the recordation of the final plat, the title company will require a resolution authorizing the signatures of the appropriate town officials on the appropriate transfer documents.  This resolution will memorialize the authority of the Mayor and Manager to sign those documents and for the Town Clerk and Town Attorney to do all acts necessary to complete the escrow.    

 

 

 

PAGE# ITEM#

P. 38

4.         DISCUSSION AND FIRST READING OF ORDINANCE O2003-10 AMENDING THE TOWN CODE CHAPTER 90 ANIMALS; SECTION 90.01 DEFINITIONS AND SECTION 90.14 DOGS BY CHANGING THE AGE OF DOGS FROM FOUR TO THREE MONTHS TO COMPLY WITH CHANGES TO STATE LAW.

 

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

 

Public Comment

Council Action Needed:Motion approve or deny approval of First Reading of Ordinance O2003-10.

 

Narrative:  The Arizona state legislature has changed the age of stray dogs from four (4) months to (3) months for applicability under the state law regarding licensing.  The change in the state statutes also requires local cities and towns to amend their codes.  The new House Bill, which is Chapter 152 of the session laws, is included in the packet as well as a one-page letter from Ed Boks, Executive Director of the Maricopa County Animal Care and Control Department.

 

 

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

 

POSTED THIS          day of October, 2003

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk