6/28/04
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
TUESDAY, JULY 6, 2004
Notice is hereby given that the
Town Council of the Town of Cave Creek will hold an Executive Session during
its Regular Session, which begins at 6:00 p.m.
The Executive Session will be held to discuss those legal matters set
forth on the Executive Session Agenda set forth below, pursuant to A.R.S. Section
38-431.03(A) (3) and (4).
CALL TO ORDER 6:00 PM. Vincent Francia, Mayor, 37622 N. Cave Creek
Road, Cave Creek, AZ.
ROLL CALL Mayor Vincent Francia, Vice-Mayor Ralph
Mozilo, 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), and (4)
as follows:
EXECUTIVE SESSION AGENDA
1. Discussion
and consultation with the Town’s Attorney regarding legal advice regarding the
median on Carefree Highway at 54th Street.
2. Discussion
and consultation with the Town’s Attorney to consider its position and instruct
its attorneys in order to resolve current litigation:
a. Southwest
Sands v. Town (CV2002-023188)
b. Seginski
v. Town (CV2001-008063)
A.R.S.
Section 38-431.03(A)(3) and (4).
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.
REPORTS
1. Ian Cordwell,
Director of Planning will update Council and the public on the Streetscape
through the Town Core.
ACTION ITEMS
I.
CONSENT AGENDA
A.
Approval of the May 17, 2004 Regular Council Meeting
minutes.
B.
Approval of the June 7, 2004 Regular 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 POSSIBLE
ACTION ON A MOTION FOR RECONSIDERATION
OF ORDINANCE O2004-14 AMENDING THE CAVE CREEK ZONING ORDINANCE CHAPTER 4: USE
DISTRICTS, SECTION 4.5(B) ALLOWABLE USES IN THE CORE COMMERCIAL ZONING DISTRICT
TO ALLOW LIVING SPACES ABOVE OR BEHIND COMMERCIAL BUILDINGS; AND SECTION
4.5(C)(3), MULTI-FAMILY RESIDENTIAL USES IN CORE COMMERCIAL ZONING DISTRICT TO
ALLOW MULTI-FAMILY RESIDENTIAL USES EQUIVALENT TO MR-8 (8 UNITS PER ACRE) IN
THE BULK REGULATIONS FOR THE CORE COMMERCIAL ZONING DISTRICT AND POSSIBLE
DISCUSSION AND DIRECTION REGARDING DISTRICTS OF HISTORICAL SIGNIFICANCE. (CASE
NO. A-04-06)
Request for reconsideration
by Mayor Francia, Town of Cave Creek.
Public
Comment
Council
Action Needed: Motion to reconsider placing Ordinance O2004-14;
case A-03-06 on a future Council Meeting Agenda.
Narrative:This is a request by Mayor Francia for Council to
re- consider whether Council wishes to place Ordinance No. O2004-14 on a future
agenda for discussion and possible action.
Ordinance O2004-14 would allow residential living space above and behind
commercial uses in all commercial zoning districts. Mixing residential and
commercial uses would encourage diversity and vitality in the Town Core. (Case
A-03-06). Mayor Francia voted on the prevailing side to approve Second Reading
of Ordinance O2004-14 at the June 6, 2004 Town Council meeting.
Page# Item#
P. 2
2. DISCUSSION
AND POSSIBLE ACTION TO APPROVE OR DENY A PROPOSED SETTLEMENT AGREEMENT FOR A
PENDING SUPERIOR COURT ACTION KNOWN AS SEGINSKI V. TOWN OF CAVE CREEK, ET AL.
(CASE NO. CV-2001-008063)
Placed on the agenda by the
Town Attorney, Town of Cave Creek.
Public
Comment
Council
Action Needed: Motion to approve or deny approval of the settlement
agreement.
Narrative: This is a request for Council to discuss and take
action to approve or deny a Settlement Agreement for a pending Superior Court
case Seginski v. Town of Cave Creek.
P. 3
3. DISCUSSION AND POSSIBLE
ACTION REGARDING A REQUEST FOR A DONATION OF AN UNSPECIFIED AMOUNT TO THE CAVE
CREEK ARTIST GALLERY ASSOCIATION.
Placed on
the agenda by the Mayor, Town of Cave Creek.
Public Comment
Council Action Needed:Motion to approve or deny approval of donation.
Narrative: This
is a request for Council to consider making a donation requested by Art Norby
of the Cave Creek Artist Gallery Association.
Page# Item#
P. 4
4. SECOND READING OF ORDINANCE O2004-22
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 30TH DAY OF JUNE, 2005 AND DECLARING AN
EMERGENCY
Placed on the
agenda by the Town Administration, Town of Cave Creek
Public Comment
Council Action Needed:Motion to approve the Second Reading of
Ordinance O2004-22.
Narrative: This
is a request for Council to give Second Reading to Ordinance O2004-22 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.
P. 6
5. DISCUSSION AND POSSIBLE ACTION
TO APPROVE RESOLUTION R2004-14 REPEALING RESOLUTION R2004-12.
Placed on the agenda by the Town Council, Town of Cave
Creek.
Public Comment
Council Action Needed:Motion to approve or deny approval of Resolution
R2004-14.
Narrative: Town Council voted at the June 7, 2004 Town Council
meeting to direct staff to prepare this resolution that would repeal Resolution
R2004-12 which declared that a BLM Patent Easements along Sat Nam Way between
48th Street and 54th Street as dedicated roadway easements.
Page# Item#
P. 9
6. DISCUSSION
AND APPROVAL OF RESOLUTION R2004-09 ADOPTING THE STUDY REPORT “TRAFFIC SAFETY
STUDY FOR VARIOUS ROADWAY INTERSECTIONS THROUGHOUT TOWN” PREPARED FOR THE TOWN
OF CAVE CREEK BY TASK ENGINEERING DATED APRIL 30, 2004.
Placed on the agenda by the
Engineering Department, Town of Cave Creek. (This item is continued from the
May 17, 2004 Town Council Meeting.)
Public Comment
Council
Action Needed: Motion
to approve or deny approval of Resolution R2004-09.
Narrative: This
is a request for Mayor and Council to approve a resolution adopting the Traffic
Safety Study Report for Various Roadway Intersections for the Town of Cave
Creek.
P. 49
7. PUBLIC HEARING,
DISCUSSION AND POSSIBLE APPROVAL OF A FINAL PLAT FOR STAGECOACH PASS ESTATES
(CASE NO. F-02-03)
Placed on the agenda by the Planning Department, Town of
Cave Creek.
CASE NO: F-02-03; Stagecoach Pass Estates
APPLICANT: Legends Venture 43, LLC
LOCATION: North of Stagecoach Pass Road, bisected by Cave Creek
Road
REQUEST: Final plat approval for a 45-lot
subdivision on 60.36 acres in Desert Rural (DR-43) zoning district.
Public Hearing
Council Action Needed:Motion to approve or deny approval of Final Plat for
Stagecoach Pass Estates; case F-02-03.
Narrative: Following
a Public Hearing, this is a request for Council to consider approval of a Final
Plat for a 45-lot subdivision in a DR-43 zone known as Stagecoach Pass Estates.
The Planning Commission voted unanimously to recommend approval of this case
subject to conditions of approval. Staff has additional recommendations for
conditions of approval in addition to those recommended by the Planning
Commission.
Page# Item#
P. 97
8. PUBLIC HEARING,
DISCUSSION AND POSSIBLE APPROVAL OF AN AMENDMENT TO A FINAL PLAT FOR THE KNOLLS
SUBDIVISION. (CASE NO. F-04-01)
Placed on
the agenda by the Planning Department, Town of Cave Creek. (Staff requests that
this item be continued to the July 19, 2004 Town Council Meeting.
CASE NO: F-04-01; Amend Final Plat; The Knolls Subdivision
APPLICANT: Windsor Cave Creek, LLC
LOCATION: The Knolls Subdivision; 38426 N. Jacqueline Drive
ZONING:Multi-Family
Residential (MR-14)
REQUEST:Amend
final Plat by adjusting five (5) lots in the approved and recorded subdivision.
Public Hearing
Council Action Needed:Motion to approve or deny approval of an amendment
to a Final Plan for the Knolls Subdivision; case F-04-01.
P. 98
9. PUBLIC HEARING,
DISCUSSION AND POSSIBLE APPROVAL OF A SPECIAL USE PERMIT FOR BELLA VISTA
SCHOOL. (CASE NO. SUP-04-01)
Placed on the agenda by the Planning Department, Town of
Cave Creek.
CASE NO: SUP-04-01; Special Use Permit – Bella Vista School
APPLICANT: Kevin Hahn
LOCATION: 6914 E. Bella Vista Drive; parcel 216-07-030B
ZONING:Commercial
Core (CC)
REQUEST:Private
school serving Grades 5 through 8.
Public Hearing
Council Action Needed:Motion to approve or deny approval of a Special Use
Permit for Bella Vista School; case SUP-04-01.
Narrative: Following
a Public Hearing, this is a request for Council to consider approving a Special
Use Permit for a private school serving Grades 5 through 8 on a lot of
approximately 19,428 square feet. The
school expects to open with approximately 50 students with a maximum capacity of
approximately 85 students in future years. The school is planned for an
existing church facility that has included classrooms. No changes are
anticipated to the exterior of the facility other than reconfiguration of the
parking lot and new signage. The narrative indicates that no bells will be
used. Conditions of approval are recommended by the Planning Commission as well
as Staff.
Page# Item#
P. 121
10. PUBLIC HEARING,
DISCUSSION AND POSSIBLE APPROVAL OF A SITE PLAN FOR KELM TRIPLEX. (CASE NO.
SPR-03-03)
Placed on the agenda by the Planning Department, Town of
Cave Creek.
CASE NO: SPR-03-03; Site Plan Approval – Kelm Triplex
APPLICANT: Brian Kelm
LOCATION: 38408 N. Jacqueline Drive; Lot 2B Cave Creek Vista
ZONING:Multi-Family
Residential (MR-14)
REQUEST:Site
Plan Approval for a Triplex.
Public Hearing
Council Action Needed:Motion to approve or deny approval of a Site Plan
for Kelm Triplex; case SPR-03-03.
Narrative: Following
a Public Hearing, this is a request for Council to consider approval of a site
Plan for a triplex on a lot of approximately 10,368 square feet. The property
is located in the Town of Cave Creek in a Multi-Family Residential (MR-14)
Zoning District at 38409 N. Jacqueline Drive. Several conditions of approval
were recommended by the Planning Commission and Staff.
P. 143
11. PUBLIC HEARING,
DISCUSSION AND POSSIBLE APPROVAL OF A SITE PLAN FOR AMERICAN LEGION. (CASE NO.
SPR-04-01)
Placed on the agenda by the Planning Department, Town of
Cave Creek.
CASE NO: SPR-04-01; Site Plan Approval – American Legion
APPLICANT: Virgil W. Owings, Trustee
LOCATION: Generally located along the north side of Cave Creek Road
at 6272 E. Cave Creek Road; parcel 211-09-002F
ZONING:Commercial
Core (CC)
REQUEST:Site
Plan Approval for a building located on a lot of approximately 43,400 sq. ft.
Public Hearing
Council Action Needed:Motion to approve or deny approval of a Site Plan
for American Legion; case SPR-04-01.
Narrative: Following a Public Hearing, this is a request for
Council to consider approving a site plan for a 2,400 sq. ft.single-story
building on a lot of approximately 43,400 sq. ft. located at 6272 E. Cave Creek
Road in Cave Creek in a Commercial Core Zoning District. The The narrative
indicates that the existing bar/club operation will be moved to the proposed
building, thereby facilitating the use of the existing building for meetings
and youth activities. Town staff and Legion representatives have discussed
linking the project to the streetscape system that is proposed throughout the
Town Core.
Page# Item#
P.163
12. DISCUSSION AND POSSIBLE ACTION TO APPROVE
RESOLUTION R2004-13 AUTHORIZING THE TOWN MANAGER TO ENTER INTO A REIMBURSEABLE
FUND AGREEMENT FOR THE ARIZONA TRANSPORTATION ENHANCEMENT PROGRAM 2004 THROUGH
THE ARIZONA DEPARTMENT OF TRANSPORTATION.
Placed on the
agenda by the Planning Department, Town of Cave Creek
Public Comment
Council Action Needed:Motion to approve or deny approval of
Resolution R2004-13.
Narrative: This
is a request to authorize Staff to apply for grant funds through the Arizona
Department of Transportation to cover a portion of the expenses related to the
Town Core Streetscape project .
P.164
13. APPROVAL OF CONTRACT WITH CRONSTROM &
TRBOVICH, CERTIFIED PUBLIC ACCOUNTS, FOR AUDIT SERVICES FOR FISCAL YEAR 2004 AT
A COST OF $14,500 BASE AUDIT, $1,500 FOR MUNICIPAL COURT AUDIT AND $4,350 FOR
GASB 34 IMPLEMENTATION
Placed on the agenda by the Town
Administration, Town of Cave Creek.
Public Comment
Council Action Needed:Motion to approve or deny approval of the contract
with Cronstrom & Trbovich for audit services for Fiscal Year ending June
30, 2004 in an amount totaling $20,350.
Narrative: This is a request for Mayor and Council to approve a
contract for auditing services by Cronstrom & Trbovich, CPA in an amount
totaling $20,350 for the Town Base Audit, Municipal Court Audit and GASB 34
Implementation.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS _________ day of June, 2004
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk