AMENDED 9/17/04
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, SEPTEMBER 20, 2004
CALL TO ORDER
6:00 P.M. Vincent Francia, Mayor,
37622 N. Cave Creek Road, Cave Creek, AZ.
ROLL CALL
Mayor Vincent Francia, 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) & (4)
as follows:
EXECUTIVE SESSION AGENDA
1. Discussion or consultation
with the attorney’s of the public body for legal advice and in order to
consider its position and instruct its attorneys regarding the public body’s
position regarding pending or contemplated litigation or in settlement
discussions conducted in order to avoid or resolve litigation.
A. Southwest
Sands v. Town of Cave Creek, CV2002-023188
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.
PROCLAMATION
– The Mayor will proclaim the week of September 17 through 23rd,
2004 as Constitution Week in the Town of Cave Creek.
REPORTS
1. Thomas McGuire will
brief Council on the Seven Springs Water Diversion.
2. Steven Anderson,
Gammage & Burnham will brief Council on the current status of the Cahava
Springs project and it’s annexation.
ACTION ITEMS
I.
CONSENT AGENDA
A.
Approval of September 7, 2004 Regular Town 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. DISCUSSION AND COUNCIL
CONSIDERATION OF THE EXCHANGE OF PROPERTY, THAT BEING A DEED OF GIFT TO THE
TOWN OF 15 FEET OF DEDICATED RIGHT-OF-WAY FOR STREETSCAPE ALONG THE SOUTHERN
BOUNDARY OF PARCEL 211-009-002F - AMERICAN LEGION FOR FEES.
Placed on the agenda by the
Engineering and Planning Departments.
Public
Comment
Council
Action Needed: Motion to approve or deny the exchange of property
for fees.
Narrative: This is a request for Council to consider exchanging certain fees
due to the Townfor property in the form of a Deed of Gift to the Town
dedicating 15 feet of right-of-way for streetscape along Cave Creek Road along
the southern boundary of parcel 211-009-002F owned by the American Legion. This
is not approval of the Deed of Gift at this time. The Deed of Gift will be
brought to the Council for approval at a future Council date.
PAGE# ITEM#
P.10
2. PUBLIC HEARING AND POSSIBLE APPROVAL OF
A FINAL PLAT FOR OCOTILLO CONDOMINIUM FOR HABITAT FOR HUMANITY DESERT
FOOTHILLS.
Placed on the agenda by the
Planning Department, Town of Cave Creek.
Case Number: F-04-02
– Ocotillo Condominium Final Plat
Applicant: Habitat
for Humanity – Desert Foothills Chapter
Location: 38410
N. Basin Road
Parcel #: 211-08-027
(Lot 22 Moon Ridge)
Request: Final Plat approval for a 4-unit
condominium on 9,766.19 sq. ft.
Zoning: Multi-Family
Residential (MR-43)
Public
Hearing
Council
Action Needed: Following the Public Hearing, motion to approve
final plat.
Narrative: This is a request for Council to
approve a Final Plat for a 4-unit condominium for Habitat for Humanity – Desert
Foothills Chapter.
P.23
3. PUBLIC HEARING, DISCUSSION AND POSSIBLE
APPROVAL OF EXTENSION OF PRELIMINARY PLAT APPROVAL FOR LOS PIEDRAS GRANDES.
Placed on the agenda by the
Planning Department, Town of Cave Creek
Public Hearing
Council
Action Needed: Motion to
approve or deny approval of extension of Preliminary Plat approval.
Narrative: This is a request for Council to consider approving
an extension of the preliminary plat approval. A written request for extension
has been made by the applicant Michael Callahan of Aqua Holdings LLC.
PAGE# ITEM#
P.39
4. DISCUSSION
AND POSSIBLE 1ST READING OF ORDINANCE O2004-31 AMENDING THE CAVE CREEK TOWN
CODE CHAPTER 2 MAYOR AND COUNCIL, SECTIONS 30.02 TERM OF OFFICE AND SECTION
30.20 ELECTION TO PROVIDE FOR STAGGERED FOUR (4) YEAR TERMS FOR MAYOR AND
COUNCIL STARTING WITH THE PRIMARY AND GENERAL ELECTIONS OF MARCH AND MAY 2007
AND SUBJECT TO VOTER RATIFICATION AT THE MAY 17TH, 2005 GENERAL ELECTION.
Placed on the agenda by the
Town Attorney, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to approve or deny First Reading of Ordinance
O2004-31.
Narrative: This is a request for Council discussion on whether
or not to approve an ordinance that would provide for staggered four year terms
for Mayor and Council starting with the Primary and General Elections of March
and May 2007 and subject to voter ratification at the May 17, 2005
General Election.
P.41
5.
DISCUSSION AND POSSIBLE APPROVAL TO EXPEND FUNDS FOR THE
PURCHASE OF A PRESSURE WASHER, AIR COMPRESSOR AND ASPHALT/CONCRETE SAW FROM
UNITED RENTAL IN AN AMOUNT NOT TO EXCEED $24,484.65.
Placed on the agenda by the
Engineering Department, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to approve or deny approval to expend funds
in the amount of $24,484.65 for the purchase of a pressure washer, air
compressor and asphalt/concrete saw from United Rental.
Narrative: This is a request for Council discussion on whether
or not to approve the expenditure of funds for the purchase of a pressure
washer, air compressor and asphalt/concrete saw from United Rental.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS _________ day of September, 2004
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk