8/14/07
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,
AUGUST 20, 2007
CALL TO ORDER
7:00 P.M. Vincent
Francia, Mayor, 37622
N. Cave Creek Road, Cave Creek, AZ 85331.
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-
A. Report by Councilman
Bunch and Councilwoman Meeth regarding the 71st Street private road access
issue.
ACTION ITEMS:
A. CONSENT AGENDA
1. Approval of the July 16, 2007 Regular
Council Meeting Minutes.
2. Approval of the July 16, 2007 Special
Council Work Session Minutes.
3. Cancellation of September 4, 2007
Regular Town Council Meeting.
4. Approval of Town
Manager’s request to appoint Richard Bartholomew as an
Alternate to the Citizen Water Advisory Committee.
5. Authorization to file a Collection
Action against Desert Advocate for collection of a final assessment.
6. Approval of Amendment to the
Intergovernmental Agreement between Maricopa
County and the Town for
the Exchange of Services to provide a more seamless transportation system
through a cooperative roadway maintenance program. (Entente Program)
7. Approval of Resolution R2007-18
implementing measures in the MAG 2007 Five Percent Plan for PM-10 for the
Maricopa County Non-Attainment Area.
8. Approval of 6-month extension for
Preliminary Plat; Case No. P-06-01, Hidden Canyon.
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.
PAGE# ITEM#
P.1
1. COUNCIL DISCUSSION AND POSSIBLE AUTHORIZATION TO
ENTER INTO A CONTRACT WITH GARNEY COMPANIES FOR THE DESIGN/BUILD/OPERATE OF THE
SANITARY SEWER SYSTEM EXPANSION PROJECT AND AUTHORIZATION TO EXPEND FUNDS FOR
GUARANTEED MAXIMUM PRICE NO. 1.
Placed on the agenda by the Utilities
Department, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to authorize the
Mayor to enter into a contract with Garney Companies for Design/Build/Operate
of the Sanitary Sewer System Expansion Project and authorization to expend funds
for Guaranteed Maximum Price No. 1 for the Design Phase Services, operations of
existing Wastewater Treatment Plant and owner’s allowance not to exceed
$4,345,431.00.
Narrative: Council discussion and possible authorization to
enter into a contract with Garney Companies for the Design/Build/Operate of the
Wastewater Treatment Plant System Expansion Project and approval to expend
funds for the Guaranteed Maximum Price No. 1.
PAGE# ITEM#
2. This
item was removed from the agenda after preparation of the packet.
P.134
3. COUNCIL DISCUSSION AND POSSIBLE ACTION
TO APPROVE A FINAL PLAT FOR RANCHO VERDE DEL
RIO AND ACCEPT THE LANDSCAPE SECURITY (CASE F-07-01)
Placed on the agenda by the Planning
Department, Town of Cave Creek
APPLICANT/ Robert E. Herndon & Assoc.
OWNER: David H. Kipper
PARCEL #: 211-11-047D
ADDRESS: West of North Basin Rd.
and south of East Cave Creek Rd.
ZONING: Multi-Family Residential (MR-43) Zone
REQUEST: Approval of the Final Plat
for a 12-unit residential condominium project.
Public Hearing
Council
Action Needed: Motion to approve the Final
Plat for Rancho Verde Del Rio, subject to the Conditions of Approval listed in
Exhibit C and accept the Landscape Security.
Narrative: This is a request for the Council to approve a Final
Plat for Rancho Verde del Rio.
P.154
4. COUNCIL DISCUSSION AND POSSIBLE
APPROVAL OF A SITE PLAN FOR ESTATES AT SHIMAA-NI (CASE SPR-07-02).
Placed on the agenda by the Planning
Department, Town of Cave Creek
APPLICANT/ Stephen B. Allgood.
OWNER: AV Development
PARCEL #: Not Yet Assigned
LOCATION: Generally located along the south side of East Cave Creek Rd. and
west of North Viola Lane.
ZONING: Single-Family Residential (R-35), Multi-Family Residential (MR-43)
& Commercial Core (CC) Zones.
REQUEST: Approval of Case No. SPR-07-02 Estates @ Shimaa-Ni – Site Plan Review, for a 72-unit
condominium project on a site
totaling approximately 475,428 sq. ft.
Public Hearing
Council
Action Needed: Motion to approve the Site
Plan for Estates at Shimaa-Ni; Case SPR-07-02, subject to the Conditions of
Approval listed in Exhibit F.
Narrative: This is a request for the Council to discuss and
approve a Site Plan for Estates at Shimaa-Ni.
PAGE# ITEM#
P.181
5. COUNCIL DISCUSSION AND POSSIBLE
APPROVAL OF A PRELIMINARY PLAT FOR ESTATES AT SHIMAA-NI (CASE P-07-02).
Placed
on the agenda by the Planning Department, Town of Cave Creek.
APPLICANT/ Stephen B. Allgood.
OWNER: AV Development
PARCEL #: Not Yet Assigned
LOCATION: Generally located along the south side of East Cave Creek Rd. and
west of North Viola Lane.
ZONING: Single-Family Residential (R-35), Multi-Family Residential (MR-43)
& Commercial Core (CC) Zones.
REQUEST: Approval of Preliminary Plat, Case No. P-07-02 Estates @ Shimaa-Ni, for a 72-unit condominium
project.
Public
Hearing
Council
Action Needed: Motion to approve a Preliminary Plat for Estates at
Shimaa-Ni; Case P-07-02, subject to the Conditions of Approval listed in
Exhibit D.
Narrative: This is a request for Council to discuss and approve
a Preliminary Plat for Estates at Shimaa-Ni .
P.208
6. COUNCIL DISCUSSION AND POSSIBLE APPROVAL
OF A SPECIAL USE PERMIT FOR A 7-UNIT RESORT HOTEL FOR DAVID LEWIS (CASE
SUP-06-02).
Placed on the agenda by the Planning
Department, Town of Cave Creek
APPLICANT/ David H. Lewis
OWNER:
PARCEL #: 216-07-057A
LOCATION: Generally located north of the northeast corner of Cave Creek Road & Galloway Road
ZONING: Commercial Core (CC) Zone
REQUEST: Approval of Case No. SUP-06-02 Resort Hotel for David Lewis; Special Use Permit for a
7-unit Resort Hotel.
Public Hearing
Council
Action Needed: Motion to approve the Special
Use Permit for a 7-Unit Resort Hotel; case SUP-06-02 – Resort Hotel for David
Lewis.
Narrative: This is a request for the Council to approve a
Special Use Permit for a 7-unit Resort Hotel.
PAGE# ITEM#
P.231
7. COUNCIL
DISCUSSION AND APPROVAL OF RESOLUTION R2007-19 AUTHORIZING THE APPLICATION FOR
A CLEAN WATER STATE REVOLVING FUND LOAN FROM THE WATER INFRASTRUCTURE FINANCE
AUTHORITY OF ARIZONA; RATIFYING ACTIONS HERETOFORE TAKEN; AND DECLARING AN
EMERGENCY.
Placed
on the agenda by the Towns’ Attorneys, Town of Cave Creek.
Public
Comment
Council
Action Needed: Motion to approve Resolution R2007-19, a Resolution
of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona,
authorizing the application for a Clean Water State Revolving Fund Loan from
the Water Infrastructure Finance Authority of Arizona; ratifying actions
heretofore taken; and declaring an emergency.
Narrative: This is a request for Council to approve Resolution
R2007-19 authorizing staff to apply for a WIFA Loan for Water and Wastewater
purposes.
8. This
item was removed from the agenda after preparation of the packet.
P.238
9. DISCUSSION AND POSSIBLE AUTHORIZATION
TO PURCHASE A 2007 CASE 590M LOADER/BACKHOE (EXTENDAHOE) FROM FALCON POWER.
Placed on the agenda by the
Utilities Department, Town of Cave
Creek
Public Comment
Council
Action Needed: Motion to authorize the
purchase of a 2007 Case 590M Loader/Backhoe (Extendahoe) from Falcon Power for
a cost not to exceed $49,012.76 including tax.
Narrative: This is a request for the Council to approve the
purchase of a backhoe for Desert Hills Water Company from Falcon Power not to
exceed $49,012.76 including tax.
PAGE# ITEM#
P.241
10. DISCUSSION AND POSSIBLE RATIFICATION AND
AUTHORIZATION TO ENTER INTO A CONTRACT WITH RINKER FOR PURCHASE OF AND DELIVERY
OF ASPHALT.
Placed on the agenda by the Engineering
Department, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to authorize and ratify
the contract with Rinker to purchase and deliver ½ inch MAG specification
asphalt not to exceed $62,000.
Narrative: This is a request for the Council to ratify the
emergency purchase and delivery of asphalt from Rinker due to damage to roads
during recent monsoon storms.
P.251
11. DISCUSSION AND POSSIBLE RATIFICATION AND
AUTHORIZATION TO ENTER INTO A CONTRACT WITH SUNLAND ASPHALT TO MAKE REPAIRS TO
MAJOR ARTERIALS DUE TO FLOOD DAMAGE.
Placed on the agenda by the
Engineering Department, Town of Cave
Creek
Public Comment
Council
Action Needed: Motion to authorize and ratify
the contract with Sunland Asphalt to purchase asphalt and repair various
roadways due to recent flood storm damage in an amount not to exceed $101,563.40.
Narrative: This is a request for the Council to authorize and ratify the contract with Sunland Asphalt for emergency
purchase of asphalt and repair of roadways due to damage to roads during recent
monsoon storms.
PAGE# ITEM#
P.257
12. DISCUSSION AND POSSIBLE AUTHORIZATION TO
ENTER INTO A CONTRACT WITH RBF CONSULTING FOR DESIGN SERVICES FOR VARIOUS WATER
SYSTEM IMPROVEMENTS PROJECT.
Placed on the agenda by the Utilities
Department, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to authorize the
Town to enter into a contract with RBF Consulting for Design Services for
various Water System Improvements Project in an amount not to exceed $1,363,319.
Narrative: This is a request for the Council to enter into a
contract with RBF for the design of various water system improvements.
P.287
13. DISCUSSION AND POSSIBLE AUTHORIZATION FOR
THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH MGC CONTRACTORS, INC. TO BE THE
TOWN’S CONSTRUCTION MANAGER AT RISK CONTRACTOR FOR THE WATER SYSTEM
IMPROVEMENTS PROJECT.
Placed on the agenda by the
Utilities Department, Town of Cave
Creek
Public Comment
Council
Action Needed: Motion to authorize the Town Manager to enter into a contract with MGC
Contractors, Inc. as the Town’s Construction Manager at Risk Contractor for
various Water System Improvements Project and authorize the expenditure of
funds for the first Guaranteed Maximum Price in the amount of $5,310,309.
Narrative: This is a request for the Council to enter into a
contract with MGC Contractors for pre-construction services, construction of 2
concrete storage tanks, and pre-purchase of the treatment unit for the water
treatment plant expansion and approve the first Guaranteed Maximum Price (GMP).
SUMMARY OF
CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED
THIS _________ day of August, 2007
BY:
___________________________________
Carrie A. Dyrek, Town Clerk