4/14/05
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, APRIL 18, 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 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 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), and (4)
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. Full
Circle Ranch – possible claim for damages
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
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
A. Approval of March 7, 2005 Regular
Town Council Meeting minutes.
B. Deed of Gift to the Town for a
dedication of a 10-foot non-motorized
pedestrian/equestrian trail
easement at the northeast quarter and the southeast quarter of the northwest
quarter of the northeast quarter of Section 22, Township 6 North, Range 4 east;
Assessor’s Parcel 216-14-001T. Grantors are William M. and Carol L. Marsh.
C. Deed of Gift to the Town for a
dedicated easement for roadway, ingress, egress and public utilities purposes
over, under and across the south 33.0 feet at the southeast quarter of the
northeast quarter of the southwest quarter of the northeast quarter of Section
8, Township 5 North, Range 4 East; Assessor’s Parcel 211-46-024A. Grantors are Thomas Edward and Debra A.
Miller.
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 APPROVAL OF
REQUEST FOR WAIVER OF DEVELOPMENT FEES. (This item is continued from the March
21, 2005 Town Council Meeting.)
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.
PAGE# ITEM#
Separate Document
2. PUBLIC HEARING AND POSSIBLE ADOPTION OF
FISCAL YEAR 2005-2006 TENTATIVE BUDGET
Placed on the agenda by Town
Administration, Town of Cave Creek.
Public Hearing
Council
Action Needed:Following
the Public Hearing, motion to adopt or deny adoption of the tentative budget
for Fiscal Year 2005-2006.
Narrative: This is a request for Council to hold a Public Hearing and adopt the tentative
budget for Fiscal Year 2005-2006. Adoption of the tentative budget caps the
total expenditures of the Fiscal Year 2005-2006 budget. Following the approval
of the Tentative Budget, expenditures can be moved or lowered within the
budget, but the overall total expenditures cannot be raised.
ITEMS 3, AND 4 RELATING TO CAHAVA SPRINGS WILL BE
CONTINUED TO A SPECIAL COUNCIL MEETING TO BE HELD MONDAY, APRIL 25, 2005.
P.80
3. PUBLIC HEARING, DISCUSSION AND POSSIBLE
ACTION REGARDING TWO EXCEPTIONS (CASE E-04-01) AND PRELIMINARY PLAT APPROVAL
(CASE P-04-03) FOR CAHAVA SPRINGS SUBDIVISION.
Placed on the agenda by the Planning
Department, Town of Cave Creek
E-04-01
Two Exception Requests from certain requirements of the Cave Creek Subdivision
Ordinance.
Exception
1: Requests the maximum local
street grade bemodified from 12% to 15% with a maximum length of 2500
feet in one location and 2,000 feet in another location;
Exception
2: Requests the maximum length of
cul-de-sac streets, as specified in the Subdivision Ordinance, be waived as it
applied to this subdivision.
APPLICANT: Hoskin-Ryan Consultants Inc for
Apache Springs, LLC
LOCATION: Generally
located at the NE corner of 32nd Street & Rockaway Hills Road
alignment
CURRENT
ZONING: Desert
Rural (DR-190) & Rural (R-43)(Maricopa County)
REQUEST: Approval
for a 230-lot subdivision on approximately 945
Acres.
Public Hearing
Council
Action Needed: 1) Motion to approve or deny the exception requests
(Case E-04-01).
2)
Motion to approve or deny approval of Preliminary Plat (Case P-04-03).
Narrative: This is a request for the Council to consider and,
if deemed advisable, to approve 2 exception requests and secondly to discussion
and possibly approve a Preliminary Plat for Cahava Springs Subdivision.
PAGE# ITEM#
P. 153
4. COUNCIL DISCUSSION AND POSSIBLE
ACTION TO APPROVE RESOLUTION R2005-13 APPROVING A PRE-ANNEXATION DEVELOPMENT
AGREEMENT FOR CAHAVA SPRINGS AND POSSIBLE ACTION TO AUTHORIZE THE MAYOR TO
EXECUTE A LETTER AGREEMENT BETWEEN THE TOWN, THE STATE LAND COMMISSIONER AND
APACHE SPRINGS, LLC.
Placed on the agenda by the Town
Attorney, Town of Cave Creek
Public Comment
Council
Action Needed: 1) Motion to approve or
deny approval of Resolution R2005-13.
2) Motion to authorize the Mayor
to execute a letter agreement between the Town, the State Land Commissioner and
Apache Springs, LLC.
Narrative:
This is a request for Council to discuss and possible take action to
approve a pre-annexation development agreement for between the Town of Cave
Creek and Apache Springs Land, LLC owners of property known as Cahava Springs.
A separate action is requested for Council to authorize the Mayor to execute a
letter agreement between the Town, State Land Commissioner and Apache Springs,
LLC.
P. 178
5. DISCUSSION AND POSSIBLE FIRST
READING OF ORDINANCE NO. O2005-06 ANNEXING PROPERTY TO THE TOWN OF CAVE CREEK
(CAHAVA SPRINGS).
Placed on the agenda by the Town
Attorney, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to approve or
deny first reading of Ordinance O2005-06.
Narrative:
This is a request for Council to give First Reading to an ordinance that
would annex property to the Town of Cave Creek (Cahava Springs).
PAGE# ITEM#
P. 180
6. DISCUSSION
AND POSSIBLE ACTION TO AUTHORIZE THE MAYOR TO EXECUTE A MEDIATION AND TOLLING
AGREEMENT WITH JIM LANGAN, OWNER OF FULL CIRCLE RANCH
Placed
on the agenda by the Town Attorney, Town of Cave Creek.
Public Comment
Council
Action Needed: Motion
to authorize the Mayor to execute a mediation and tolling agreement with Jim
Langan, owner of Full Circle Ranch.
Narrative: This
is a request for Mayor and Council to authorize the Mayor to execute a
mediation and tolling agreement with Jim Langan, owner of Full Circle Ranch.
The agreement would authorize the issuance of a 12 month Special Use Permit for
the operation of a bed and breakfast pursuant to the 4 conditions found in the
Town Zoning Ordinance.
P.182
7. COUNCIL DISCUSSION AND DIRECTION TO
STAFF AS TO WHICH PORTIONS OF ALL TOWN CODES AND ORDINANCES ARE TO BE
RE-CLASSIFIED AS CIVIL CODE INFRACTIONS AND WHICH ARE TO REMAIN AS CRIMINAL
MISDEMEANORS.
Placed on the agenda by the Town
Attorney, Town of Cave Creek.
Public Comment
Council
Action Needed: Motion to direct staff to prepare one or more
ordinances that remove the criminal classification and insert the civil
infraction classification to parts of the Code and Zoning Ordinance.
Narrative: This is a request for Council to discuss and give
direction to Staff as to which portions of all town codes and ordinances are to
be re-classified as civil code infractions and which are to remain as criminal
misdemeanors.
PAGE# ITEM#
P. 201
8. RECOMMENDATION
OF APPROVAL OF AN INTERIM PERMIT AND A NEW #12 RESTAURANT LIQUOR LICENSE FOR
THE CREEKERS TERRITORIAL BAR AND GRILL.
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 interim permit and New #12 Restaurant Liquor
License for the Creekers Territorial Bar and Grill.
Narrative: This
is a request for Mayor and Council to recommend approval or denial of an
interim permit and a New #12 Restaurant liquor license for Kirsten Noelle
Huebsch as agent for the Creekers Territorial Bar and Grill located at 37645 N.
Cave Creek Road, Cave Creek.
P. 215
9. RESOLUTION NO. R2005-12 DISCUSSION
AND POSSIBLE ACTION ESTABLISHING A SALARY EQUIVALENT FOR PURPOSES OF COMPUTING
WORKERS’ COMPENSATION INSURANCE PREMIUM AND COMPENSATION BENEFITS FOR
VOLUNTEERS.
Placed on the agenda by the Town
Administration, Town of Cave Creek
Public Comment
Council Action
Needed: Motion to approve or deny resolution R2005-12.
Narrative: This is a request for the Council to consider and,
if deemed advisable, to adopt a resolution establishing a salary equivalent for
purposes of computing Workers’ Compensation Insurance Premium and Compensation
Benefits for Volunteers.
P.218
10. COUNCIL AUTHORIZATION TO PAY OFF THE LOAN
FOR THE WATER TRUCK.
Placed on the agenda by the Planning
Department, Town of Cave Creek.
Public Comment
Council
Action Needed: Motion to approve or deny approval to pay off the
loan for the Town’s Water Truck in an amount not to exceed $62,000.
Narrative: This is a request for Council to authorize payoff of
the loan for the Town Water Truck in an amount not to exceed $62,000.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS _________ day of April, 2005
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk