2/15/05

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 22, 2005

 

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 Ralph Mozilo, Council Members Gilbert Lopez, Grace Meeth, Terry Smith, Shea Stanfield, Jay Williams

 

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

1. Ms. Fenner of the Tonto National Forest will give a presentation to the Mayor and Town Council regarding invasive weeds.

2. Ian McManis, Troop #603 will present his Eagle Scout project to the Mayor and    Town Council.

3.            Quarterly Report of the Cave Creek Merchants Chamber of Commerce.

 

ACTION ITEMS

I.                   CONSENT AGENDA

A.            Deed of Gift to the Town for an easement on the north 30 feet of the east half of the northwest quarter of the northwest quarter of the southeast quarter of Section 35, Township 6 North, Range 3 East; Assessors’ Parcel 211-67-042.  The Grantor is Thomas R. Caringi and Paula G. Patton.

B.            Deed of Gift to the Town for a dedication of a 10-foot non-motorized pedestrian/equestrian trail easement at the east 320 feet of the south half of the southeast quarter of the northeast quarter of the southwest quarter of Section 23, Township 6 north, Range 3 East; Assessor’s Parcel 211-64-035.  Grantor is Elizabeth Geneva Smith (Trust) Terry Smith.

C.                 Deed of Gift to the Town for an easement on part of the east half, southwest quarter, southeast quarter, Section 17, Township 6 North, Range 4 East; Assessor’s Parcel 211-01-046C and 046D.  Grantors are Tom and Kimberly Prodan.

D.                 Deed of Gift to the Town for an easement on part of the southwest quarter, northeast quarter, southwest quarter, northeast quarter, Section 8, Township 5 North, Range 4 east; Assessor’s Parcel 211-46-010C.  Grantor is Richard L. Belveal, Trustee of the Richard L. Belveal living Trust.

E.Lot Split L-04-23 NIKOLIC, southwest of the intersection of N. Cave Creek Road and E. El Sendero Road – This is a request to split an existing 2.22 acre parcel into two separate parcels. The property is zoned Residential (R-35) Zone.

 

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.

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1.         COUNCIL DISCUSSION AND POSSIBLE SECOND READING OF ORDINANCE O2005-02 AMENDING THE TOWN CODE TITLE XIII-GENERAL OFFENSES, CHAPTER 130-GENERAL OFFENSES, SECTION 130.07-NOISE BY AMENDING THE TITLE OF THE SECTION ALONG WITH THE INCLUSION OF SECTIONS 130.07 (A), (B), (C), (D), (E) and (F).

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

 

 

Public Comment

Council Action Needed:            Motion to approve or deny approval of Second Reading of Ordinance O2005-02.

 

Narrative:  This is a request for Mayor and Council to consider giving second reading (adoption) to an ordinance that amends the Town Code Chapter 130 – General Offenses, Section 130.07 NOISE by amending the title of the section and including additional language. The intent of this ordinance is to add clarity, definitions and detail on this issue to the Town Code and once adopted to follow up with removal of the nuisances from the Zoning ordinance in its entirety.

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2.         PUBLIC HEARING REGARDING PROPOSED ANNEXATION A2005-01 (CAHAVA SPRINGS).

 

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

 

Public Hearing

Council Action Needed:            No action will be taken at this time.

 

Narrative:  This is a request for Council to hold a public hearing on a proposed annexation area A2005-01 known as Cahava Springs.  The Town of Cave Creek has filed in the Office of the Maricopa County Recorder a blank petition and map relating to the proposed annexation by the Town. The petition sets forth a description and an accurate map of the exterior boundaries of the territory, which is proposed to be annexed. This public hearing is to discuss the proposed annexation A2005-01 proposal and invite members of the public to participate in the discussion. No action will be taken at this time.

 

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3.         DISCUSSION AND POSSIBLE APPROVAL OF REQUEST FOR WAIVER OF DEVELOPMENT FEES.

 

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

 

Public Comment

Council Action Needed:            Motion to approve or deny approval of the waiver of development fees requested by George and Jane Reiley.

 

Narrative:  This is a request for Council to discuss and take action to approve or deny the request for waiver of development fees. The request was made by George and Jane Reiley for their property listed as parcel 211-59-066 in Desert Rural DR-190 Zoning District.

 

 

 

 

 

 

 

 

 

 

 

 

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4.         DISCUSSION AND POSSIBLE APPROVAL OF RESOLUTION R2005-05 SUPPORTING THE CONCEPTUAL PLAN FOR DESERT HILLS, PERPARED BY THE ARIZONA STATE LAND DEPARTMENT IN FEBRUARY 2005.

 

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 R2005-05.

 

Narrative:  This is a request for Council to discuss and possibly approve a resolution that supports the Conceptual Plan for Desert Hills as prepared for the Arizona State Land Department in February 2005.

 

P. 93

5.         DISCUSSION AND POSSIBLE APPROVAL OF A CONTRACT WITH LOGAN SIMPSON DESIGN, INC.

 

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

 

Public Comment

Council Action Needed:            Motion to approve or deny approval a contract with Logan Simpson Design, Inc. in an amount not to exceed $17,710 and authorize the execution of design and construction documents for implementation of The Walk along Cave Creek Road.

 

Narrative:  This is a request for Council to discuss and possibly approve a contract with Logan Simpson Design, Inc. and authorize the execution of Design and Construction Documents for implementation of The Walk along Cave Creek Road in an amount not to exceed $17,710.

 

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

 

POSTED THIS  _________ day of February, 2005

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk