AMENDED 9/21/07

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

SPECIAL TOWN COUNCIL MEETING

                              TOWN OF CAVE CREEK, ARIZONA

                                 MONDAY, SEPTEMBER 24, 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 Ian Cordwell regarding the Cave Creek Resort & Casitas development project.

 

ACTION ITEMS:

A.        CONSENT AGENDA

1.         Approval of the August 20, 2007 Regular Council Meeting Minutes.

2.         Approval of Town Manager’s request to appoint Phyllis Heikens (Carefree representative) as an Alternate to the Citizen Water Advisory Committee.

3.         Accept Deed of Gift to the Town for a dedicated easement for public utilities, ingress, egress for construction, installation, maintenance and report over the north 25 feet of the north half of Lot 9 Rockaway Hills, Book 67 of Maps, Page 40 MCR; a part of the SE ¼ Section 15, Township 6 North, Range 4 East; Assessor’s Parcel 216-16-010. Grantor is Charles F. Eppel.

 

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 APPROVAL OF THE SECOND READING OF ORDINANCE O2007-11, AMENDING CERTAIN SECTIONS OF TITLE VII: TRAFFIC CODE OF THE CODE OF THE TOWN OF CAVE CREEK TO INCLUDE REGULATIONS FOR PARKING AND TRAFFIC CONTROL

 

            Placed on the agenda by Vice-Mayor Lopez and Councilman Bunch, Town of Cave Creek

 

            Public Comment

Council Action Needed:         Motion to approve the second reading of Ordinance O2007-11, an Ordinance of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, amending certain sections of Title VII: Traffic Code of the Code of the Town of Cave Creek to include regulations for parking and traffic control.

 

Narrative:  This is a request for the Council to discuss and possibly approve the second reading of an ordinance amending the Traffic Code regulations contained in the Town Code.

 

 

 

 

 

 

 

 

 

 

 

 

PAGE# ITEM#

P.4

2.         COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF THE SECOND READING OF ORDINANCE O2007-12 AMENDING THE CODE OF THE TOWN OF CAVE CREEK TO INCLUDE REGULATIONS IN TITLE XIII: GENERAL OFFENSES, PROHIBITING THE ACT OF LOITERING

 

Placed on the agenda by Vice-Mayor Lopez and Councilman Bunch, Town of Cave Creek

 

Public Comment

Council Action Needed:         Motion to approve the second reading of Ordinance O2007-12, an Ordinance of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona amending the Code of the Town of Cave Creek to include regulations in Title XIII: General Offenses, prohibiting the act of loitering.

Narrative:  This is a request for the Council to discuss and possibly approve the second reading of an ordinance prohibiting the act of loitering.

 

3.         PRESENTATION BY JESSICA MARLOW, UTILITIES MANAGER AND COUNCIL DISCUSSION REGARDING THE STATUS OF THE WATER SYSTEM IMPROVEMENTS PROJECT.

 

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

 

Public Comment

Council Action Needed:         There is no action required for this agenda item.

 

4.         RECONSIDERATION OF THE AUTHORIZATION TO ENTER INTO A CONTRACT WITH RBF CONSULTING FOR DESIGN SERVICES FOR VARIOUS WATER SYSTEM IMPROVEMENTS PROJECT AND RECONSIDERATION OF THE AUTHORIZATION 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 Councilwoman Meeth, Town of Cave Creek

           

Council Action Needed:         1)Motion to reconsider the authorization to enter into a contract with RBF Consulting for design services for various water system improvements project.

                                                2) Motion to reconsider the authorization to enter into a contract with as the Town’s Construction Manager at Risk Contractor for various Water System. Improvements Project .

 

Narrative:  This is a request by Councilwoman Meeth to vote to reconsider entering into a contract with RBF for the design of various water system improvements AND a request by Councilwoman Meeth to vote to reconsider entering into a contract with MGC Contracting, Inc. as the Town’s Construction Manager at Risk Contractor for various Water System Improvements Project . Council discussion is limited only to the issue of whether or not they wish to reconsider the item and place the issue on a future agenda for consideration. There is no public comment on these issues. A member of the prevailing side must make the motion to reconsider the item. The RBF Contract was approved at the August 20, 2007 Town Council meeting by a roll call vote of 7-0. The MGC Contractors, Inc. Contract was approved at the August 20, 2007 Town Council meeting by a roll call vote of 6-1 with Esser voting nay.

 

PAGE# ITEM#

P.5      

5.         COUNCIL DISCUSSION AND APPOINTMENT TO THE PLANNING COMMISSION TO FILL A TERM EXPIRING DECEMBER 31, 2008.

 

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

 

Public Comment

Council Action Needed:         Motion to appoint a citizen to serve on the Planning Commission to fill the term expiring December 31, 2008.

 

Narrative:  This is a request for the Council to appoint a citizen to fill the vacancy on the Planning Commission.

 

P.11

6.         COUNCIL DISCUSSION AND POSSIBLE ACTION TO APPROVE RESOLUTION R2007-24 APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF CAVE CREEK AND RANCHO VERDE DEL RIO, LLC REGARDING THE RESTRICTION OF PRIVATE ACCESS GATES FOR A DEVELOPMENT.

 

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

 

            Public Comment

Council Action Needed:         Motion to approve Resolution R2007-24, a Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona authorizing the Town of Cave Creek to enter into a development agreement between the Town of Cave Creek and Rancho Verde del Rio, LLC regarding the restriction of private access gates for a development.

 

Narrative:  This is a request for the Council to approve a resolution approving a Development agreement between the Town and Rancho Verde Del Rio, LLC.

 

PAGE# ITEM#

P.22

7.         COUNCIL DISCUSSION AND POSSIBLE AUTHORIZATION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF CAVE CREEK AND MARICOPA COUNTY FOR NON-FINANCIAL SUPPORT FOR THE MARICOPA TRAIL SEGMENTS THAT ARE PROPOSED BY THE COUNTY AND WHICH ARE A PART OF THE TOWN’S MASTER TRAIL PLAN.

 

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

           

Public Comment

Council Action Needed:         Motion to authorize the Mayor to enter into an Intergovernmental Agreement between the Town and Maricopa County  to provide non-financial support for the Maricopa Trail segments that are proposed by the County and which are part of the Town’s Master Trail Plan contained within the Town’s General Plan..

 

Narrative:  Council discussion and possible authorization to enter into an IGA with the County regarding non-financial support for the Maricopa Trail segments that are proposed by the County and which are part of the Town’s Trail Plan.

 

P.48

8.         COUNCIL DISCUSSION AND APPROVAL OF PAYMENT TO CH2M HILL FOR THEIR PROPOSAL PROVIDED FOR THE SANITARY SEWER EXPANSION PROJECT IN AN AMOUNT NOT TO EXCEED $50,000.

 

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

                        Public Comment

Council Action Needed:         Motion to approve payment not to exceed $50,000 to CH2M Hill.

 

Narrative:       This is a request for Council to approve payment to CH2M Hill for their proposal submitted to the Town for the Sanitary Sewer Expansion Project.

 

 

 

PAGE# ITEM#

P.70

9.         COUNCIL DISCUSSION AND APPROVAL OF PAYMENT TO PCL CONSTRUCTION, INC FOR THEIR PROPOSAL PROVIDED FOR THE SANITARY SEWER EXPANSION PROJECT IN AN AMOUNT NOT TO EXCEED $50,000.

 

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

                        Public Comment

Council Action Needed:         Motion to approve payment not to exceed $50,000 to PCL Construction, Inc.

 

Narrative:       This is a request for Council to approve payment to PCL Construction, Inc. for their proposal submitted to the Town for the Sanitary Sewer Expansion Project.

 

P.71

10.       COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF THE PURCHASE OF A SKID STEER LOADER AND ATTACHMENTS NOT TO EXCEED $69,056.44.

 

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

           

Public Comment

Council Action Needed:         Motion to approve the purchase of a T300 Bobcat Compact Track Loader with attachments from Bobcat for an amount not to exceed $69,056.44 including tax, shipping and government discount.

 

Narrative:  This is a request for the Council to discuss and approve the purchase of a Skid Steer Loader from Bobcat for $69,056.44.

P.77

11.       COUNCIL DISCUSSION AND POSSIBLE AUTHORIZATION OF EXPENDITURE OF FUNDS FOR A SEAL COATING PROJECT ON VARIOUS CHIP SEALED ROADWAYS THROUGHOUT TOWN.

 

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

Public Comment

 

Council Action Needed:         Motion to approve the expenditure of funds to Seal Master in an amount not to exceed $59,469.16 for the Seal Coating Project on various chip sealed roadways throughout Town.

Narrative:       This is a request for Council to discuss and authorize payment to Seal Master for Seal Coating Projects on various roadways.

PAGE# ITEM#

P.80

12.       COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF FIRST READING OF ORDINANCE O2007-13 RELATING TO THE PRIVILEGE TAX FOR UTILITY SERVICES; AMENDING SECTION 37.20 OF THE TOWN OF CAVE CREEK TOWN CODE AND AMENDING SECTION 9-480 OF THE TAX CODE OF THE TOWN OF CAVE CREEK BY ADDING SECTION 9-480 (a)(2).

 

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

 

Public Comment

Council Action Needed:         Motion to approve the First Reading of Ordinance O2007-13, An Ordinance of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, relating to the privilege Tax for Utility Services; amending Section 37.20 of the Town of Cave Creek Town Code and amending Section 9-480 of the Tax Code of the Town of Cave Creek by adding Section 9-480(a)(2).

 

Narrative:       This is a request for Council to give First Reading to an ordinance amending the Town Code and Tax Code by adding a section relating to Utility Services.

 

SUMMARY OF CURRENT EVENTS BY MAYOR

ADJOURNMENT

 

POSTED THIS  _________ day of September, 2007

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk