AMENDED 2/16/07

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, FEBRUARY 20, 2007

 

CALL TO ORDER 7:00 P.M.  Vincent Francia, Mayor, 37622 N. Cave Creek Road, Cave Creek, AZ.

 

ROLL CALL      Mayor Vincent Francia, Vice-Mayor Dick Esser, Council Members Kim Brennan, Ernie Bunch, Gilbert Lopez, Thomas McGuire, and Grace Meeth

 

            PLEDGE OF ALLEGIANCE

 

PUBLIC ANNOUNCEMENTS – General Announcements of interest to members of Council and the public.  There will be no discussion on any announcements.

 

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

There are no reports scheduled for this meeting.   

 

ACTION ITEMS:

I.                   CONSENT AGENDA

A.                 Approval of the January 22, 2007 Regular Council Meeting Minutes.

B.                 Approval of the January 29, 2007 Special Council Meeting Minutes.

C.                 Approval of Deed of Gift to the Town by Douglas S. Brown for 30-feet of right-of-way for E. Galvin Street along parcel 211-48-058 to provide access to the Town’s 5-acre parcel adjacent to Cave Creek Wash.

 

Council Action Needed:         Motion to approve 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.         PUBLIC HEARING, COUNCIL DISCUSSION AND POSSIBLE SECOND READING OF ORDINANCE O2007-03, AMENDING THE ZONING CLASSIFICATIONS OF CERTAIN STATE TRUST LANDS LOCATED WITHIN THE BOUNDARIES OF THE TOWN OF CAVE CREEK AND AMENDING THE TOWN OF CAVE CREEK ZONING MAP TO REFLECT THE APPROVED ZONING CLASSIFICATION CHANGES.

 

            Placed on the agenda by the Planning Department, Town of Cave Creek

           

Public Hearing

Council Action Needed:         Motion to give Second Reading of Ordinance O2007-03 an Ordinance of the Mayor and Common Council of the Town of Cave Creek, Maricopa County, Arizona amending the zoning classification of certain State Trust Lands located within the boundaries of the Town of Cave Creek and amending the Town of Cave Creek Zoning Map to reflect the approved zoning classification changes.

 

Narrative:  This is a request for the Council to give Second Reading of Ordinance O2007-03 amending the zoning classification of certain State Trust Lands located within the boundaries of the Town of Cave Creek and amending the Town of Cave Creek Zoning Map to reflect the approved zoning classification changes .

 

 

 

 

 

 

 

 

 

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2.         COUNCIL DISCUSSION AND POSSIBLE RECONSIDERATION OF ITEM #4 FROM THE FEBRUARY 5, 2007 TOWN COUNCIL MEETING REGARDING FIRST READING OF ORDINANCE O2007-02, AMENDING THE TOWN CODE, TITLE I – GENERAL PROVISIONS, CHAPTER 10 – GENERAL PROVISIONS, SECTION 10.05 – DEFINITIONS AND TITLE XIII – GENERAL OFFENSES, CHAPTER 130 – GENERAL OFFENSES, SECTION 130.07 - NUISANCES.

 

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

           

No Public Comment on items for reconsideration.

Council Action Needed:         Motion to reconsider Item #4 from the February 5, 2007 Town Council Meeting regarding First Reading of Ordinance O2007-02 amending the Town Code, Title I – General Provisions, Chapter 10 – General Provisions, Section 10.05 – Definitions and Title XIII – General Offenses, Chapter 130 – General Offenses, Section 130.07 - Nuisances.

 

Narrative:  This is a request by Vice-Mayor Esser, who voted in the majority on this item at the February 5, 2007 Council Meeting, to reconsider  the First Reading of Ordinance O2007-02 amending the Town Code regarding Nuisances. Should the Council vote in favor of reconsideration of this ordinance, the First Reading of Ordinance O2007-02 will be scheduled for discussion and a vote at the March 5, 2007 Town Council Meeting.

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3.         PRESENTATION BY HDR ENGINEERING, INC. AND COUNCIL DISCUSSION REGARDING THE PHOENIX MINE SITE REDEVELOPMENT PLANNING PROJECT

                        Placed on the Agenda by the Engineering Department, Town of Cave Creek

                        Public Comment

Council Action Needed:         This item is for discussion only. No action by Council will be taken at this time.

Narrative:  This is a presentation by HDR Engineering, Inc. regarding the Phoenix Mine Site Redevelopment Planning Project, which includes the Project Background and Purpose, Project Summary, Conceptual Site Redevelopment Master Plan and Implementation.

 

 

 

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4.         COUNCIL DISCUSSION AND POSSIBLE ACTION TO AWARD BID AND AUTHORIZE THE MAYOR TO ENTER INTO A CONTRACT WITH LARSON EXCAVATING, LLC FOR $14,980 FOR THE SCHOOL HOUSE ROAD TRAIL PHASE III CONSTRUCTION PROJECT.

 

            Placed on the agenda by the Planning Department, Town of Cave Creek

           

Public Comment

Council Action Needed:         Motion to award bid and authorize the Mayor to enter into a contract with Larson Excavating, LLC for the construction of the School House Road Trail Phase III not to exceed $14, 980.

 

Narrative:  This is a request for the Council to award a bid to Larson Excavating, LLC and authorize the Mayor to enter into a contract with Larson Excavating, LLC for the trail construction on School House Road Phase III.

 

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5.         COUNCIL DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE YAVAPAI COUNTY FAIR ASSOCIATION DBA YAVAPAI DOWNS TO CONDUCT OFF-TRACK WAGERING AT HAROLD’S CAVE CREEK CORRAL FOR SPECIFIC DATES LISTED IN THEIR REQUEST FOR YEARS 2007, 2008 AND 2009.

 

Placed on the agenda by the Administration Dept., Town of Cave Creek.

 

Public Comment

Council Action Needed:         Motion to authorize the Yavapai County Fair Association dba as Yavapai Downs to conduct Off-Track Wagering at Harold’s Cave Creek Corral, 6985 East Cave Creek Road for the following dates:

                                                Commence May 26, 2007 and Terminate September 4, 2007

                                                Commence May 24, 2008 and Terminate September 2, 2008

                                                Commence May 23, 2009 and Terminate September 4, 2009

                                                These dates include the Fort Tuthills Downs meet.

 

Narrative: This is a request for Council to approve specific dates for Off-Track Wagering at Harold’s Cave Creek Corral by Yavapai Downs.

 

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6.         COUNCIL DISCUSSION AND POSSIBLE AUTHORIZATION TO ENTER INTO A PROFESSIONAL OPERATIONS AND MAINTENANCE AGREEMENT BETWEEN THE TOWN OF CAVE CREEK, ARIZONA, DESERT HILLS WATER COMPANY AND AMERICAN WATER OPERATIONS AND MAINTENANCE, INC.

 

            Placed on the agenda by the Town Manager and Towns’ Attorneys, Town of Cave Creek

           

Public Comment

Council Action Needed:         Motion to authorize the Mayor to enter into a Professional Operations and Maintenance Agreement between the Town of Cave Creek, Desert Hills Water Company and American Water Operations and Maintenance, Inc.

 

Narrative:  This is a request for the Council to approve entering into an agreement with American Water for operations and maintenance of the Desert Hills Water Company.

 

ADDITION

7.         COUNCIL DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE MAYOR TO ENTER INTO AN ESCROW AGREEMENT BY AND AMONG THE TOWN OF CAVE CREEK, GLOBAL WATER, INC. AND ARIZONA ESCROW & FINANCIAL CORPORATION PROVIDING FOR PLACEMENT OF $2,000,000 IN ESCROW, WHICH IS TO BE RETURNED TO THE TOWN SHOULD THE SETTLEMENT NOT OCCUR BY MARCH 31, 2007, AND AUTHORIZE THE TOWN MANAGER AND TOWNS’ ATTORNEYS TO MAKE ANY NECESSARY MINOR MODIFICATIONS TO THE AGREEMENT.

 

            Placed on the agenda by the Town Manager and Towns’ Attorneys, Town of Cave Creek

           

Public Comment

Council Action Needed:         Motion to authorize the Mayor to enter into an Escrow Agreement by and among the Town of Cave Creek, Global Water, Inc. and Arizona Escrow & Financial Corporation providing for placement of $2,000,000 in escrow, which is to be returned to the Town should the settlement not occur by March 31, 2007, and authorize the Town Manager and the Towns’ Attorneys to make any necessary minor modifications to the Agreement.

 

Narrative:  This is a request for the Council to authorize the Mayor to enter into an Escrow Agreement as part of the necessary actions required to acquire the Cave Creek Water Company.

 

SUMMARY OF CURRENT EVENTS BY MAYOR

ADJOURNMENT

 

POSTED THIS  _________ day of February, 2007

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk