6/13/05
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, JUNE 20, 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 Dick Esser, Council Members Kim
Brennan, Ernie Bunch, Gilbert Lopez, 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.
·
June 22, 2005, 7:00 p.m. Workshop regarding current
regulations relating to establishments providing entertainment and music
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 report on the Streetscape Conceptual Design project. Mark Meyer, Landscape
Architect of Logan Simpson Design will also address Council regarding this
project.
ACTION ITEMS
I.
CONSENT AGENDA
A. Approval of April 4, 2005
Regular Town Council Meeting minutes.
B. Approval of April 18, 2005
Regular Town Council Meeting minutes.
C. Approval of April 25, 2005 Special
Town Council Meeting minutes.
D. Approval of May 2, 2005 Regular Town
Council Meeting minutes.
E. Approval of May 16, 2005 Regular
Town Council Meeting minutes.
F. Approval of May 24, 2005 Special
Town Council Meeting minutes.
G. Approval of June 6, 2005 Regular
Town Council Meeting minutes.
H. Deed of Gift to the Town for a
dedication of a 20-foot non-motorized pedestrian/equestrian trail easement
across the Southwest quarter of the Northwest quarter of the Southeast quarter
of Section 21, Township 6 North, Range 4 East, Parcel Number 211-03-009V. Grantors are Robert and Barbara Nesheim.
I.
Deed of Gift to the Town for a dedication of a 20-foot
non-motorized pedestrian/equestrian trail easement across the Southwest quarter
of the Northwest quarter of the Southeast quarter of Section 21, Township 6
North, Range 4 East, Parcel Number 211-03-009U. Grantors are Keith and Tammy Teegardin.
J. Deed of Gift to the Town for a
dedicated easement for roadway, ingress, egress and public utilities purposes
over, under and across the south 30.0 feet of the South half of the East half
of the Southeast quarter of the Northwest quarter of Section 6, Township 5
North, Range 4 East; Assessor’s Parcel 211-48-059. Grantors are Ray A and Debby Borzini.
K. Deed of Gift to the Town for a
dedicated easement for roadway ingress, egress and public utilities purposes
over, under and across the west 30.0 feet of the West ½ of the Northwest ¼ of
the Northwest ¼ of the Northwest ¼ of Section 34, Township 6 North, Range 4
East; Assessor’s parcel 216-29-003C.
Grantors are John and Marilyn Bonnell.
L. Deed of Gift to the Town for a
dedicated easement for roadway, ingress, egress and public utilities purposes
over, under and across the south 30.0 feet of the West ½ of the Southeast ¼ of
the Northwest ¼ of Section 6, Township 5 North, Range 4 East part of G.L.O. Lot
5; Assessor’s parcel 211-48-056.
Grantors are Richard and Kimberly J. Russek.
M.Deed of Gift to the Town for a
dedicated easement for roadway, ingress, egress and public utilities purposes
over, under and across the south 40.0 feet of the Southeast ¼ of the Southeast
¼ of Section 20, Township 6 North, Range 4 East; Assessor’s parcel
211-59-067B. Grantors are Bruce R and
Julie A. Becwar.
N.Deed of Gift to the Town for a
dedicated easement for roadway, ingress, egress and public utilities purposes
over, under and across the north 30.0 feet of the Northwest ¼ of the Southwest
¼ of the Southeast ¼ of Section 8, Township 5 North, Range 4 East; Assessor’s
parcel 211-46-016. Grantor is Stephen
M. Pollock.
O.Lot Split Approval; Case
L-05-05; Assessor’s Parcel 211-13-009X; property owners are Philip and Linda
Renfroe; a request to split an existing 2.06 acre parcel into two (2) separate
parcels in a Desert Rural (DR-43) Residential Zoning District.
P.
Recommendation of approval of a #12 liquor license requested
by Randy Nations as agent for the Long Branch Saloon located at 6032 E. Cave
Creek Rd.
Q.
Resolution R2005-19 authorizing the Mayor to execute the
Intergovernmental Agreement between the Town and the City of Surprise.
R.
Resolution R2005-20 recognizing the existing County zoning and
applying comparable Town Zoning to the Cahava Springs annexed property.
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. APPOINTMENT OF PLANNING COMMISSIONERS
TO FILL TWO VACANCIES
Placed on the agenda by the
Planning Department, Town of Cave Creek
Council Action
Needed: Motion to appoint one or more citizens to serve as Planning
Commissioners to fill one vacancy due to expire December 31, 2006 and to fill
the other vacancy due to expire December 31, 2007.
Narrative: There are two vacancies on the Planning
Commission due to Dick Esser and Kim Brennan being elected to serve as Town
Council members. Council is requested to appoint two citizens to fill these two
vacancies.
P.20
2. 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.
PAGE# ITEM#
P. 23
3. DISCUSSION AND POSSIBLE APPROVAL OF
SECOND READING OF ORDINANCE O2005-07 AMENDING THE CAVE CREEK TOWN CODE PURSUANT
TO TOWN CODE SECTION 10.18 BY AMENDING TITLE 1, GENERAL PROVISIONS, CHAPTER 10,
GENERAL PROVISIONS, SECTION 10.99 GENERAL PENALTY; BY AMENDING TITLE 3, ADMINISTRATION, CHAPTER 31, TOWN OFFICERS,
SECTION 31.28, COMMENCEMENT OF ENFORCEMENT ACTION ON CIVIL CODE
INFRACTION; BY REPEALING TITLE 3,
ADMINISTRATION, CHAPTER 34, MAGISTRATE COURT, SECTION 34.70, CIVIL OFFENSES
SUBJECT TO SANCTIONS, SECTION 34.71, EXCLUSIVITY OF REMEDY, SECTION 34.72,
CITATION ISSUANCE AUTHORITY, SECTION 34.75, APPEARANCE BY DEFENDANT, SECTION
34.76, DEFAULT JUDGMENT, SECTION 34.77, PROCEDURAL RULES, SECTION 34.78,
COLLECTION OF CIVIL SANCTIONS, SECTION 34.79, PAYMENT OF ALTERNATIVE SANCTION,
AND MAGISTRATE COURT APPENDIX: FORMS, SECTION 1, CITATION FOR CIVIL
OFFENSE; BY ADDING TO TITLE 7, TRAFFIC
CODE, CHAPTER 71, TRAFFIC REGULATIONS, A NEW SECTION 71.26 ENTITLED VIOLATIONS; BY AMENDING TITLE 7, TRAFFIC CODE, CHAPTER
72, PARKING REGULATIONS, SECTION 72.36, VEHICLES ON PUBLIC RIGHTS-OF-WAY; BY ADDING TO TITLE 7, TRAFFIC CODE, CHAPTER
72, PARKING REGULATIONS, A NEW SECTION 72.37, ENTITLED COMMENCEMENT OF
PROCEEDINGS FOR VIOLATIONS; BY AMENDING
TITLE 7, TRAFFIC CODE, CHAPTER 72, PARKING REGULATIONS, SECTION 72.98,
VIOLATIONS; BY AMENDING TITLE 9,
GENERAL REGULATIONS, CHAPTER 90, ANIMALS, SECTION 90.10, VICIOUS ANIMALS; BY AMENDING TITLE 9, GENERAL REGULATIONS,
CHAPTER 90, ANIMALS, SECTION 90.15, UNLAWFUL INTERFERENCE WITH ENFORCEMENT
AGENT; BY AMENDING TITLE 9, GENERAL
REGULATIONS, CHAPTER 90, ANIMALS, SECTION 90.16, REMOVAL OF IMPOUNDED ANIMALS
PROHIBITED; BY AMENDING TITLE 9,
GENERAL REGULATIONS, CHAPTER 92, HEALTH AND SANITATION, SECTION 92.02,
PROHIBITIONS AND RESTRICTIONS; BY
AMENDING TITLE 9, GENERAL REGULATIONS, CHAPTER 92, HEALTH AND SANITATION,
SECTION 92.03, DUTIES OF PROPERTY OWNER;
BY AMENDING TITLE 9, GENERAL REGULATIONS, CHAPTER 92, HEALTH AND
SANITATION, SECTION 92.16, DUMPING REFUSE;
BY AMENDING TITLE 9, GENERAL REGULATIONS, CHAPTER 94, PARKS AND
RECREATION, SECTION 94.02, RULES AND REGULATIONS; BY AMENDING TITLE 9, GENERAL REGULATIONS, CHAPTER 94, PARKS AND
RECREATION, SECTION 94.16, PUBLIC PROPERTY;
BY AMENDING TITLE 9, GENERAL REGULATIONS, CHAPTER 94, PARKS AND
RECREATION, SECTION 94.17, PRIVATE PROPERTY;
BY AMENDING TITLE 11, BUSINESS REGULATIONS, CHAPTER 111, PEDDLERS AND
SOLICITORS, SECTION 111.25, PEDDLING WITHOUT REGISTRATION CARD; BY AMENDING TITLE 11, BUSINESS REGULATIONS,
CHAPTER 111, PEDDLERS AND SOLICITORS, SECTION 111.26, SELLING ON STREETS AND
SIDEWALKS WITHOUT PERMIT; BY AMENDING
TITLE 11, BUSINESS REGULATIONS, CHAPTER 112, ADULT BUSINESSES, SECTION 112.02,
LICENSES, FEES; BY AMENDING TITLE 11,
BUSINESS REGULATIONS, CHAPTER 112, ADULT BUSINESSES, SECTION 112.03,
REGULATIONS; BY AMENDING TITLE 13,
GENERAL OFFENSES, CHAPTER 130, GENERAL OFFENSES, SECTION 130.03,
EXPLOSIVES; BY AMENDING TITLE 13,
GENERAL OFFENSES, CHAPTER 130, GENERAL OFFENSES, SECTION 130.06, INTERFERENCE
WITH BUSINESSES PROHIBITED; BY AMENDING
TITLE 13, GENERAL OFFENSES, CHAPTER 130, GENERAL OFFENSES, SECTION 130.08,
OBSTRUCTION OF STREETS; BY AMENDING
TITLE 13, GENERAL OFFENSES, CHAPTER 130, GENERAL OFFENSES, SECTION 130.10,
GRAFFITI; AND BY AMENDING TITLE 13,
GENERAL OFFENSES, CHAPTER 130, GENERAL OFFENSES, SECTION 130.13, WEAPONS AND
ANIMAL TRAPS.
Placed on the agenda by the Town
Prosecutor at the direction of Town Council, Town of Cave Creek.
Public Comment
Council
Action Needed: Motion to approve Second
Reading of Ordinance No. O2005-07.
Narrative: This
is a request for Council to approve Second Reading of an Ordinance that
decriminalizes certain sections of the Cave Creek Town Code.
PAGE# ITEM#
P.42
4. PUBLIC HEARING AND POSSIBLE APPROVAL OF
SITE PLAN REVIEW FOR TAMARISK ART GROVE LOTS 12 & 13
Placed
on the agenda by the Planning Department, Town of Cave Creek
CASE
NO.:SPR-05-02 Tamarisk Art Grove Lots
12 & 13 – Site Plan Review
APPLICANT/
OWNER: Travis Price Architects
/ Lynne Weston-Pontikes
ASSESSOR’
S
PARCEL
NO.: 211-11-013 and 211-11-014
LOCATION: Hidden Valley Way Lots 12 & 13
REQUEST: Approval of a Site Plan for a mixed use development of
retail/artist’s studios and galleries in a Commercial Buffer (CB) Zoning
District.
Public Hearing
Council
Action Needed: Motion to approve Site Plan for Tamarisk Art Grove
Lots 12 & 13; case SPR-05-02.
P.65
5. COUNCIL
DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE TOWN MANAGER TO ENTER INTO AN
AGREEMENT WITH TISCHLERBISE (PAUL TISCHLER) TO PREPARE A DEVELOPMENT FEE STUDY
FOR THE TOWN
Placed on the agenda by the
Planning Department, Town of Cave Creek.
Public Comment
Council
Action Needed: Motion to authorize the Town Manager to sign an
agreement with Tischlerbise to prepare a Development Fee Report.
Narrative: This is a request for Council to authorize the Manager to sign an
agreement with Paul Tischler of Tischlerbise to analyze and prepare a report
for the Town regarding Development Fees.
PAGE# ITEM#
P.72
6. PUBLIC HEARING AND POSSIBLE APPROVAL OF
SITE PLAN REVIEW FOR RANCHO TUSCANA
Placed
on the agenda by the Planning Department, Town of Cave Creek
CASE
NO.:SPR-05-01 Rancho Tuscana –
Site Plan Review
APPLICANT/
OWNER: GE Villas, LLC
ASSESSOR’
S
PARCEL
NO.: 211-10-001H and 211-10-001J
LOCATION: south of Cave Creek Road between Basin Road
and Mark Way
REQUEST: Approval of a 46-unit residential condominium project
located in the Town in a multi-family residential (MR-21 zoning district.
Public Hearing
Council
Action Needed: Motion to approve Site Plan for Rancho Tuscana; case
SPR-05-01.
P.101
7. PUBLIC HEARING AND POSSIBLE APPROVAL OF
PRELIMINARY PLAT FOR RANCHO TUSCANA
Placed
on the agenda by the Planning Department, Town of Cave Creek
CASE
NO.:P-05-01 Rancho Tuscana –
Preliminary Plat Review
APPLICANT/
OWNER: GE Villas, LLC
ASSESSOR’
S
PARCEL
NO.: 211-10-001H and 211-10-001J
LOCATION: south of Cave Creek Road between Basin Road
and Mark Way
REQUEST: Approval of a CASE NO. p-05-01 SUBJECT TO THE ATTACHED
CONDITIONS – Preliminary Plat for a 46-unit residential condominium project
located in the Town in a multi-family residential (MR-21 zoning district.
Public Hearing
Council
Action Needed: Motion to approve Preliminary Plat – case P-05-01
for Rancho Tuscana.
PAGE# ITEM#
P.124
8. DISCUSSION AND POSSIBLE APPROVAL OF
FIRST READING OF ORDINANCE O2005-04 INCREASE IN TRANSACTION PRIVILEGE TAX FROM
2.5% TO 5% FOR CONSTRUCTION ACTIVITY
Placed on the agenda by the
Town Administration, Town of Cave Creek.
Public Comment
Council
Action Needed: Motion to approve First Reading of Ordinance
O2005-04.
Narrative: This is a request for Council give First Reading to
and ordinance that would increase the transaction privilege tax (sales tax) for
construction activity from 2.5% to 5%.
P.128
9. PUBLIC HEARING, DISCUSSION AND POSSIBLE
APPROVAL OF FIRST READING OF ORDINANCE O2005-08 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, 2006 AND DECLARING AN EMERGENCY.
Placed on the agenda by the Town
Administration, Town of Cave Creek
Public Hearing
Council
Action Needed: Motion to approve First
Reading of Ordinance O2005-08.
Narrative: This is a request for the Council to give First
Reading to Ordinance O2005-08 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.
PAGE# ITEM#
P.130
10. APPROVAL
OF AGREEMENT WITH ALBERT HOLLER FOR PERFORMING SALES TAX AUDITS
Public Comment
Council Action Needed: Motion
to approve or deny the agreement with Albert Holler for performing sales tax
audits for the Town at a rate of $1,500 per month.
Narrative:
This is a request for Council to
approve an agreement between the Town and Albert Holler for performing Sales
Tax Audits for the Town from July 1, 2005 through June 30, 2008 at a rate of
$1,500.00 per month.
P.134
11. DISCUSSION AND POSSIBLE APPROVAL OF
RESOLUTION R2005-18 AUTHORIZING THE TOWN MANAGER TO ENTER INTO A REIMBURSABLE
FUND AGREEMENT FOR THE ARIZONA TRANSPORTATION ENHANCEMENT PROGRAM 2005 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 Resolution R2005-18.
Narrative: This is a request for Council
to request and formally accept, if awarded, reimbursable funds in the amount of
$500,000 from the Arizona Department of Transportation to be used toward
implementation of a three-quarter mile pedestrian pathway system through the
Town Core.
P.151
12. DISCUSSION AND POSSIBLE AWARD OF CONTRACT
TO CH2M HILL FOR A SANITARY SEWER MASTER PLAN FOR THE TOWN
Placed on the agenda by the
Engineering Department, Town of Cave Creek.
Public Comment
Council
Action Needed: Motion to authorize award of contract for Sewer
Master Plan to CH2M Hill not to exceed $104,500.
Narrative: This
is a request for Council to authorize the expenditure of funds for a Sanitary
Sewer Master Plan for ultimate expansion of the sewer service area at full
build out of the Town, including estimating future service areas, capital
improvements needed to provide service, cost estimates, and to develop service
rates. Staff recommends the contract be awarded to CH2M Hill for an amount not
to exceed $104,500.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS _________ day of June, 2005
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk