AMENDED 6/15/07

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

                                        MONDAY, JUNE 18, 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 Gilbert Lopez, Council Members Kim Brennan, Ernie Bunch, Dick Esser, 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 discussing or 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

1.      Representatives of Arizona American will give an update on the Cave Creek Water Company.

2.      Representatives of Lowe’s will give an update on the construction schedule of the store being constructed at the northwest corner of Cave Creek Road and Carefree Hwy.          

3.   Informational briefing on a project at 56^th Street and Carefree Highway in the City of  Scottsdale to rezone property from single family residential to commercial consistent with the Scottsdale General Plan.

 

 

 

 

ACTION ITEMS:

A.        CONSENT AGENDA

1.         Approval of the May 21, 2007 Regular Council Meeting Minutes.

2.         Approval of the May 29, 2007 Special Council Meeting Minutes.

3.         Approval of Deed of Gift to the Town from Desert Foothills Land Trust for a utility easement.

4.         Approval of Agreement for Assurances in an amount of $225,000 for site landscaping and re-vegetation at Rancho Tuscana, LLC also known as Rancho Madeira for a condominium project at Basin Rd. and Mark Way.

5.         Cancellation of the July 2, 2007 Regular Town Council Meeting.

 

Council Action Needed:         Motion to approve the Consent Agenda.

 

B.        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 hand it to the Town Clerk.  The Town Clerk will call your name at the appropriate time.  Please limit your comments to three (3) minutes. Copies of any reports, photographs, diagrams, charts, maps, or other materials presented to the Council must also be given to the Town Clerk for inclusion in the Official Town Record.

1.         PRESENTATION AND COUNCIL DISCUSSION REGARDING THE FILM AND ARTS FESTIVAL.

 

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

           

Public Comment

Council Action Needed:         No action will be taken on this item.

 

Narrative:  Following the presentation to Council by Film and Arts Festival Committee members there will be Council discussion and public input on the festival.

 

2.         PRESENTATION TO THE COUNCIL AND PUBLIC BY THE POSTMASTER AND COUNCIL DISCUSSION REGARDING THE PROCESS TO ASSIGN A ZIP CODE.

 

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

           

Public Comment

Council Action Needed:         No action will be taken on this item.

 

Narrative:  Following the presentation by the Postmaster regarding the process to assign a zip code there will be Council discussion and public input on the issue.

 

 

 

 

3.         COUNCIL DISCUSSION REGARDING ISSUES RELATED TO DAY LABORERS IN THE TOWN OF CAVE CREEK.

 

            Placed on the agenda by Councilman Esser, Town of Cave Creek

           

Public Comment

Council Action Needed:         No action will be taken on this item.

 

Narrative:  The Town Council will discuss and take public input regarding issues related to Day Laborers in the Town of Cave Creek.

 

4.         PRESENTATION BY MARK READER, FINANCIAL CONSULTANT AND COUNCIL DISCUSSION REGARDING THE TOWN’S FINANCIAL STATUS INCLUDING THE RECENT MOODY RATING ASSIGNMENT.

 

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

           

Public Comment

Council Action Needed:         No action will be taken on this item.

 

Narrative:   Mark Reader will give a report on the recent positive financial rating of the Town by Moody’s Investors Service, Council will have discussion and take public input on the subject.

 

5.         PRESENTATION TO THE COUNCIL BY GLENN FAHRINGER, TOWN ARBORIST AND COUNCIL DISCUSSION REGARDING THE COMPLETED STREETSCAPE PROJECT.

 

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

           

Public Comment

Council Action Needed:         No action will be taken on this item.

 

Narrative:  Following the presentation by Glenn Fahringer regarding the streetscape project there will be Council discussion and public input on the project.

 

 

 

 

 

 

 

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6.         COUNCIL DISCUSSION AND POSSIBLE ACTION TO GIVE SECOND READING TO ORDINANCE O2007-08 AMENDING THE TOWN CODE, TITLE V, PUBLIC WORKS, CHAPTER 5, SEWERS: GENERAL PROVISION BY ADDING A NEW SECTION 51.084 INCLUDING VOLUME CHARGES FOR EXCESS BOD AND TSS AND SEWER UTILITY FEES.

 

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

           

Public Comment

Council Action Needed:         Motion to give Second Reading to Ordinance O2007-08, an Ordinance of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, amending the Town Code, Title V, Public Works, Chapter 5, Sewers: General Provision by adding a new Section 51.084 including Volume Charges for excess BOD and TSS and Sewer Utility Fees.

 

Narrative:  The Council is requested to give Second Reading to  an ordinance that would add fees for users of the Wastewater Utility that exceed certain Biochemical Oxygen Demand (BOD)  and Total Suspended Solids (TSS) Levels.

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7.         PUBLIC HEARING AND POSSIBLE ADOPTION OF RESOLUTION R2007-17 APPROVING THE FISCAL YEAR 2007-2008 FINAL BUDGET

 

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

 

                        Public Hearing

Council Action Needed:         Motion to adopt Resolution R2007-17, a Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona finally determining and adopting estimates of proposed expenditures by the Town of Cave Creek for the Fiscal year beginning July 1, 2007 and ending June 30, 2008, establishing the alternative expenditure limitation amount, and declaring that such shall constitute the adopted budget of the Town of Cave Creek for such fiscal year.

 

Narrative:       This is a request for Council to hold a public hearing, then adopt resolution R2007-17 approving the Fiscal Year 2007-2008 budget and setting the alternative expenditure limitation amount for Fiscal Year 2007-08.

 

8.         AT THE REQUEST OF THE CHAIRMAN OF THE PLANNING COMMISSION, COUNCIL DISCUSSION AND POSSIBLE ACTION TO REMOVE COMMISSIONER BOB MOORE FROM THE PLANNING COMMISSION.

 

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

 

 

Public Comment

Council Action Needed:         Motion to remove Commissioner Bob Moore from the Planning Commission.

Narrative:       This is a request for Council discuss and possibly take action to remove Commission Bob Moore from the Planning Commission.

 

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9.         RESOLUTION R2007-16 SUSPENDING THE ALTERNATIVE EXPENDITURE LIMITATION FOR FISCAL YEAR 2006-2007, REVISING SAID ALTERNATIVE EXPENDITURE LIMITATION AMOUNT, AND DECLARING AN EMERGENCY

 

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

 

Public Comment

Council Action Needed:         Motion to approve Resolution R2007-16, a Resolution of the Mayor and Council of the Town of Cave Creek, Maricopa County, Arizona suspending the Alternative Expenditure Limitation for Fiscal Year 2006-2007, revising said Alternative Expenditure Limitation amount, and declaring an emergency.

 

Narrative:       This is a request for Council to suspend the alternative expenditure limitation and revise the amount due to the purchase of the Cave Creek Water Company, and declaring an emergency.

 

 

 

 

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10.       COUNCIL DISCUSSION AND APPROVAL OF APPOINTMENT OF MEMBERS TO THE CITIZENS WATER ADVISORY COMMITTEE AS NOMINATED BY THE TOWN MANAGER.

 

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

 

Public Comment

Council Action Needed:         Motion to approve the appointment of members to the Citizens Water Advisory Committee pursuant to Ordinance O2007-09 for a two-year term beginning July 1, 2007 and ending June 30, 2009.

Narrative:       This is a request for Council approval of the Town Manager’s nominees to serve on the Citizens Water Advisory Committee for a 2-year term.

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11.       RESOLUTION R2007-15 AMENDING AND ADOPTING ENGINEERING REVIEW FEES FOR PLAN REVIEW, INSPECTION, AND EASEMENT ABANDONMENT PURSUANT TO CHAPTER 150, SECTION 150.01 OF THE TOWN OF CAVE CREEK TOWN CODE.

 

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

 

Public Comment

Council Action Needed:         Motion to approve Resolution R2007-15, a Resolution of the Mayor and Town Council of the Town of Cave Creek, Arizona amending and adopting Engineering Review Fees for plan review, inspection, and easement abandonment pursuant to Chapter 150, Section 150.01 of the Town Code of the Town of Cave Creek.

Narrative:       This is a request for Council to approve a resolution to set the fees for the Engineering Department application processing and plan check fees.

 

 

 

 

 

 

 

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12.       COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF A SECOND AMENDMENT TO A REAL ESTATE LEASE BETWEEN THE TOWN OF CAVE CREEK AND BARRY WUKASH.

 

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

 

Public Comment

Council Action Needed:         Motion to approve the Second Amendment to the Real Estate Lease with Barry Wukash.

Narrative:       This is a request for Council to approve a 2^nd Amendment for a Real Estate Lease with Barry Wukash to allow for Town use of the property adjacent to Town Hall on the south side of the Town’s property.

 

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13.       DISCUSSION AND POSSIBLE APPROVAL OF FIRST READING OF ORDINANCE O2007-10 LEVYING UPON THE ASSESSED VALUATION OF PROPERTY WITHIN THE TOWN OF CAVE CREEK, ARIZONA, SUBJECT TO TAXATION, A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF SECONDARY ASSESSED VALUATION SUFFICIENT TO RAISE THE AMOUNT NECESSARY TO PAY PRINCIPAL AND INTEREST ON, AND REGISTRATION COSTS OF, OUTSTANDING GENERAL OBLIGATION BONDS OF THE TOWN (SPUR CROSS RANCH), LESS THE AMOUNT ESTIMATED TO BE RECEIVED FROM OTHER SOURCES OF REVENUE; ALL FOR THE FISCAL YEAR ENDING THE 30^TH DAY OF JUNE, 2008 AND DECLARING AN EMERGENCY.

 

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

 

            Public Comment

Council Action Needed:         Motion to approve First Reading of Ordinance O2007-10 an Ordinance of the Mayor and the Town Council of the Town of Cave Creek, Maricopa County, Arizona, levying upon the secondary assessed valuation of property within the Town of Cave Creek subject to taxation, a certain sum upon each one hundred dollars ($100.00) of secondary assessed valuation sufficient to raise the amount necessary to pay principal and interest on, and registration costs of, outstanding general obligation bonds of the Town (Spur Cross Ranch), less the amount estimated to be received from other sources of revenue; all for the fiscal year ending the 30th day of June, 2008, and declaring an emergency.

 

Narrative:  This is a request for the Council to give First Reading to Ordinance O2007-10 levying upon the assessed valuation of property within the Town of Cave Creek a certain sum upon each one hundred dollars ($100.00) of valuation, and declaring an emergency. This is the ordinance that authorizes the Town to collect the property tax to pay for Spur Cross Ranch bonds this fiscal year. This is not a new tax. This property tax was approved by the Cave Creek voters at the September, 2000 election to pay for the Town’s share of the purchase of Spur Cross Ranch property.

 

SUMMARY OF CURRENT EVENTS BY MAYOR

ADJOURNMENT

POSTED THIS  _________ day of June, 2007

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk