AMENDED 3/17/05

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

MONDAY, MARCH 21, 2005

 

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 5:30 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), (4) and (7).

 

CALL TO ORDER 5:30 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

 

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), (4) and (7) as follows:

                                    EXECUTIVE SESSION AGENDA

1.      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 vs. Town (CV2002-023188)

b.  Notice of Claim against the Town from Pacific West Development,Inc.

c.  Full Circle Ranch – possible claim for damages

2.   Discussion and consultation with the Town’s Attorney to consider its position   and instruct its attorneys regarding the acquisition of the Cave Creek Water Company.

                        A.R.S. Section 38-431.03(A)(3), (4) and (7).

 

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

 

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

There are no reports scheduled.

 

ACTION ITEMS

I.                   CONSENT AGENDA

1.             Approval of February 7,  2005 Regular Town Council Meeting minutes.

2.             Approval of February 10, 2005 Special Joint Work Session Meeting

minutes.

3.             Approval of February 22, 2005 Regular Town Council Meeting minutes.

4.             Deed of Gift to the Town for a dedication of a 10-foot non-motorized

pedestrian/equestrian trail easement at the south half of the  northwest quarter of the Northwest quarter of the Southwest quarter of Section 23, Township 6 North, Range 3 East; Assessor’s Parcel 211-64-003Z. Grantor is Kathryn Sue Smith.

5.             Deed of Gift to the Town for a dedication of a roadway easement at that part of G.L.O. Lot 5 A.K.A. Southwest quarter, northwest quarter and of the west quarter, southeast quarter, northwest quarter of Section 6, Township 5 North, Range 4 East; Assessor’s Parcel 211-48-057.  Grantor is John G. Bigelow, Jr.

6.            Appointment of Donald A. Fredricks, Jr. to the Building Board of Appeals to fill the term vacated by John Johnson which expires 12/31/06.

 

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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P.1

 

1.         DISCUSSION AND POSSIBLE APPROVAL OF RESOLUTION R2005-07 REGARDING ACQUISITION OF THE CAVE CREEK WATER COMPANY

 

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

 

Public Comment

Council Action Needed:            Motion to approve or deny approval of Resolution R2005-07.

 

Narrative:  This is a request for Council to discuss and possibly approve a resolution that authorizes the Town to go forward with the possible purchase of the Cave Creek Water Company and if necessary another entity known as Pacer Equities Co.

 

P.4

2.         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.

 

P. 83

3.         RESOLUTION NO. R2005-06 SETTING FORTH THE OFFICIAL RETURNS AND APPROVING THE OFFICIAL CANVASS OF THE PRIMARY ELECTION HELD ON MARCH 8, 2005.

 

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

           

Public Comment

Council Action Needed:            Motion to approve or deny resolution R2005-06.

 

Narrative:  This is a request for the Council to consider and, if deemed advisable, to adopt a resolution declaring the results of the Primary Election held in and for the Town of Cave Creek, Arizona on March 8, 2005.

 

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P. 86

4.         RESOLUTION NO. R2005-08 DISCUSSION AND POSSIBLE ACTION ESTABLISHING A MONTHLY COMPENSATION FOR THE MAYOR AND COUNCIL MEMBERS STARTING WITH THE JUNE 2005 TOWN COUNCIL.

 

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

           

Public Comment

Council Action Needed:            Motion to approve or deny resolution R2005-08.

 

Narrative:  This is a request for the Council to consider and, if deemed advisable, to adopt a resolution establishing a monthly compensation for the Mayor and Council Members starting with the June 2005 Town Council.

 

P. 88

5.         FIRST READING OF ORDINANCE NO. O2005-03 AMENDING SECTION 151.01 OF CHAPTER 151 OF TITLE XV OF THE TOWN OF CAVE CREEK TOWN CODE TO PROVIDE FOR THE ADOPTION OF CODES AND REGULATIONS FOR BUILDINGS, STRUCTURES, AND USES THEROF AND PROVIDING FOR SEPARABILITY.

 

            Placed on the agenda by the Building Official, Town of Cave Creek

           

Public Comment

Council Action Needed:            Motion to approve or deny first reading of Ordinance O2005-03.

Narrative:  This is a request for Council to give First Reading to an ordinance that amends the Building Permit Residential and Commercial Valuations.

 

P.93

6.         PUBLIC HEARING, COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF A SITE PLAN FOR WALTON – CASE SPR-04-02.

 

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

 

          CASE NUMBER:SPR-04-02  Walton – Site Plan Review

                        APPLICANT/Michael Walton

                        OWNER:

                   PARCEL:Parcel 211-11-047A

LOCATION:6131 E. Cave Creek Rd.

CURRENT ZONING: Commercial Core (CC) Zone

REQUEST:            Site Plan Review for a two-story bakery/café having 3,000 sq. ft. and a two-story retail building having 4,000 sq. ft. on a lot having 81,382 sq. ft.   

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Public Hearing

Council Action Needed:            Motion to approve or deny approval of site plan for Waltons; case SPR-04-02.

 

Narrative:  This is a request for Council to hold a Public Hearing, discuss and possibly approve a site plan for the Waltons for a two-story bakery/café having 3,000 sq. ft. and a two-story retail building having 4,000 sq. ft. on a lot having 81,382 sq. ft .

 

P.115

7.         DISCUSSION AND POSSIBLE ACTION ON A REQUEST FROM BLACK

MOUNTAIN CONSERVANCY TO HAVE THE TOWN PARTICIPATE IN A PROGRAM WITH THE TRUST FOR PUBLIC LANDS.  THE PROGRAM WILL EVALUATE AND MAKE RECOMMENDATIONS FOR THE FUNDING OF A PROGRAM FOR THE ACQUISITION OF OPEN SPACE IN THE BLACK MOUNTAIN AREA.

 

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

 

Public Comment

Council Action Needed:            Authorize the Mayor to send a letter to The Trust for Public Lands

 

Narrative:  A representative from BMC will make a presentation regarding The Trust for Public Lands.

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

 

POSTED THIS  _________ day of March, 2005

BY: ___________________________________                                                           

Carrie A. Dyrek, Town Clerk