AMENDED 2/25/04
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, MARCH 1, 2004
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) (1), and (3).
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)(1), and (3)
as follows:
EXECUTIVE SESSION AGENDA
1. Discussion
regarding the Town Manager’s contract of employment.
A.R.S.
Section 38-431.03(A)(1), and (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. Jack Evans, Desert
Foothills Sheriff’s Posse will give an overview on the activities of the Posse
in the Cave Creek area.
ACTION ITEMS
I.
CONSENT AGENDA
A.
Approval of the February 2, 2004 Regular Council
Meeting minutes.
B.
Approval of Deed of Gift to the Town for Underground
Utility Easement adjacent to the eastern boundary of parcel 211-08-008 and
crossing the eastern 45 feet of Parcel 211-08-010. The applicant is Desert
Pacific Developers, LLC and the property is located at 6130 E. Cave Creek Road.
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. DISCUSSION AND POSSIBLE SECOND READING
OF ORDINANCE O2004-02 AMENDING THE TOWN CODE, TITLE VII, TRAFFIC CODE, CHAPTER
72: PARKING REGULATIONS BY ADDING A NEW HEADING PRIVATE PARKING ADDING NEW
SECTIONS 72.50 – PRIVATE PARKING AREAS – GENERALLY; 72.51 – CONSENT; NOTICE TO
PUBLIC; 72.52 – PERMISSION REQUIRED TO REMOVE VEHICLES; 72.53 – NOTICE TO
SHERIFF; 72.54 – MAXIMUM TOWING CHARGES; TWENTY-FOUR HOUR VEHICLE RETRIEVAL AND
72.55 – PENALTIES; PROVIDING FOR AN EFFECTIVE DATE AND SEVERABILITY
Placed on the agenda by the Town
Attorney, Town of Cave Creek
Public
Comment
Council
Action Needed: Motion to approve second reading of Ordinance
O2004-02.
Narrative: This is
a request for discussion and possible Second reading of an ordinance adding a
new section to the Town Code regarding Private Parking regulations, which is
consistent with the provisions of A.R.S. 9-499.05 and A.R.S. 28-4836. The two state statutes allow a private
property owner to post restrictions on parking on private property and to cause
vehicles parking in violation of those restrictions to be towed from the
private property without the consent of the owner.
PAGE# ITEM#
P.10
2. CONTRACT
AWARD: MEDIAN EXTENSION ON CAREFREE HIGHWAY
Placed on the agenda by the
Engineering Department, Town of Cave Creek.
Public
Comment
Council
Action Needed: Motion to approve awarding a contract to Gonder
Enterprises in an amount not to exceed $30,280 for the extension of the median
on Carefree Highway from 54th Street east to Cave Creek Road.
Narrative: This is a request for approval to award a contract
to Gonder Enterprises in an amount not to exceed $30,280 for the extension of
the median on Carefree Highway from 54th Street east to Cave Creek
Road. The award would be made on or before July 24, 2004 when the bond for the
work expires. If the developer of the
northwest corner of Carefree Highway and Cave Creek Road notifies us before
July 24, 2004 that they do not intend to do the work as promised, then we will
award the contract at that time. Otherwise, we need to give the developer or the
bonding company the remaining time to complete the work.
PAGE# ITEM#
P.11
3. BID AWARDS: BIDS FOR AGGREGATE BASE
COURSE (ABC) MATERIAL AND SINGLE PASS AND DOUBLE PASS CHIP SEAL PAVING AND
ASPHALTIC CONCRETE PAVING.
Placed on the agenda by the
Engineering Department, Town of Cave Creek.
Public Comment
Council
Action Needed: A. Motion to Award bid for aggregate
base course material to Sun State Rock in an amount not to exceed $84,800.
B. Motion to award bid to Sunland
Asphalt for single pass rubberized chip seal from Sunland Asphalt not to exceed
an amount of $70,172.71.
C. Motion to award bid for double pass
chip seal to Sunland Asphalt in an amount not to exceed $90,898.06.
D. Motion to award bid for asphaltic
concrete paving of New River Road to AZ Asphalt and Seal in an amount not to
exceed $40,000.
Narrative: This
is a request for Mayor and Council to authorize the Public Works Department to
spend funds as specified above for aggregate base course material, single pass
chip seal paving for street paving in the Sahuaro West subdivision, double pass
chip seal paving for paving in other areas within the Town and asphaltic
concrete paving of New River Road. The Town budgeted $252,825 for street paving
and materials this fiscal year. Funding for New River Road paving will come
from the surplus funds in the Heavy Equipment portion of the Public Works
budget in an amount not to exceed $40,000.
P.12
4. PUBLIC
HEARING AND POSSIBLE ACTION TO APPROVE AN EXTENSION OF SPECIAL USE PERMIT FOR
FULL CIRCLE RANCH BED & BREAKFAST (CASE SUP-97-04)
Placed on the agenda by the
Planning Department, Town of Cave Creek.
Applicant/Owner: Jim Langan
Location: 40205
N. 26th Street/parcel #211-64-006G
Request: Extension of Special Use Permit for
a Bed and Breakfast facility (SUP-97-04)
Public
Hearing
Council
Action Needed: Following the Public Hearing, motion to approve or
deny approval of extension of Special Use permit for Full Circle Ranch Bed
& Breakfast (Case SUP-97-04.
Narrative: This is a request for Council to hold a Public
Hearing, then consider approval of extending a Special Use Permit for case
SUP-97-04. This Special Use Permit was
approved by Town Council on September 22, 1997. The Notice of Decision by the
Town Council stipulated that the Special Use Permit be approved for a period of
5 years. The permit has expired and requires Town Council to review and take
further action.
PAGE# ITEM#
P.43
5. PUBLIC
HEARING AND POSSIBLE ACTION TO APPROVE FINAL PLAT FOR ESTADO DE CHOLLA PHASE
II. (CASE F-03-01)
Placed on the agenda by the
Planning Department, Town of Cave Creek.
Applicant/Owner: Mitchell Development, Inc.
Assessor’s Parcel No: 211-48-051
Location: North of the NW corner of N. 48th
Street and the Carefree Highway
Legal: Part of the SE ¼ of Section 6,
T5N, R4E
Request: Final Plat approval of a 22-lot
subdivision located on approximately 29.5 acres, in a Desert Rural (D-1A)
Zoning District
Public
Hearing
Council
Action Needed: Motion to approve or deny approval of Final Plat for
Estado de Cholla Phase II (Case F-03-01).
Narrative: This is a request for Council to consider approval
of the Final Plat for Estado de Cholla Phase II.
P.109
6. DISCUSSION AND POSSIBLE ACTION ON
APPROVAL OF AMENDMENTS TO A PREVIOUSLY APPROVED INTERGOVERNMENTAL AGREEMENT FOR
THE SUB LEASE OF 20 ACRES FROM MARICOPA COUNTY KNOWN AS THE 10 ACRE RODEO
GROUNDS AND AN ADJACENT 10 ACRE PARCEL.
Placed on the agenda by the Town
Attorney, Town of Cave Creek
Public
Comment
Council
Action Needed: Motion to approve or deny approval of amendments to
the previously approved IGA with Maricopa County regarding the Rodeo Grounds
and an adjacent 10 acre parcel.
Narrative: Town Council previously approved
Resolution R2003-17 authorizing the Mayor to sign an IGA between the Town and
the County to acquire the 20 acres in the Cave Creek Recreation Area consisting
of the 10 acre Rodeo Grounds and a 10 acre parcel adjacent to it for parking.
The IGA was reviewed by the County and by BLM and revisions are needed. The
basic change to the document creates a sub lease rather than a transfer due to
BLM regulations and policies. BLM and the County also want a clear line of
control until such time as the lease from BLM to the County either expires or
is terminated by the issuance of a new lease or a patent.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS day of February, 2004
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk