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7/11/05

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, JULY 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) (1) 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 Dick Esser, Council Members Kim Brennan, Ernie Bunch, Gilbert Lopez, Thomas McGuire, and Grace Meeth

 

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)(1) and (4) as follows:

                                   

EXECUTIVE SESSION AGENDA

1.     Discussion or consideration of the Town Manager’s contract pursuant to A.R.S. Section 38-431.03(A)(1) 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

1.      John Rael, Government Liaison, APS give a brief presentation to Council about the possibility of underground utilities in the business core.

2.      Bill Farrell, Town Attorney will report on the new laws adopted by the State Legislature this year that take effect August 12, 2005.

 

ACTION ITEMS

I.                   CONSENT AGENDA

A.        Approval of June 20, 2005 Regular Town Council Meeting minutes.

B.         Approval of June 22, 2005 Special Public Workshop.

 

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 APPROVAL OF RENEWAL OF AN OFF-TRACK PARIMUTUEL WAGERING LICENSE REQUESTED BY TURF PARADISE AT HAROLD’S CAVE CREEK CORRAL.

 

Placed on the agenda by the Town Attorney, Town of Cave Creek.

 

                        Public Comment

Council Action Needed:         Motion to approve the renewal of an Off-Track Wagering license requested by Turf Paradise for the location at Harold’s Cave Creek Corral, 6895 E. Cave Creek Road, Cave Creek through May 31, 2006.

 

Narrative:       This is a request for Council discuss and possibly approve the renewal of an off-track pari-mutuel wagering license requested by Turf Paradise for the location at Harold’s Cave Creek Corral, 6895 E. Cave Creek Rd., Cave Creek, AZ.

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2.         COUNCIL DISCUSSION AND RATIFICATION OF MANAGER’S CONTRACT INCLUDING ANY CONTRACT AMENDMENTS.

 

Placed on the agenda by the Town Attorney, Town of Cave Creek.

 

                        Public Comment

Council Action Needed:         Motion to ratify the Town Manager’s Contract including any possible amendments.

 

Narrative:       This is a request for Council to ratify the Town Manager’s contract including any amendments to his contract.

 

 

3.         COUNCIL DISCUSSION AND RATIFICATION OF THE TOWN PROSECUTOR’S CONTRACT

 

Placed on the agenda by the Town Attorney, Town of Cave Creek.

 

                        Public Comment

Council Action Needed:         Motion to ratify the Town Prosecutor’s Contract including any possible amendments.

 

Narrative:       This is a request for Council to discuss and ratify the Town Prosecutor’s contract including any amendments.

 

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4.         COUNCIL DISCUSSION AND POSSIBLE REAPPOINTMENT OF THE TOWN MAGISTRATE.

 

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

           

Public Comment

Council Action Needed:         Motion to reappoint a Town Magistrate for a specific term, not to exceed 2 years.

 

Narrative:  This is a request for the Council to discuss and possibly reappoint the Town Magistrate.

 

 

 

 

 

 

 

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5.         COUNCIL DISCUSSION AND APPROVAL OF CONTRACT FOR LEGAL SERVICES WITH MARISCAL, WEEKS, MCINTYRE & FRIEDLANDER, P.A.

 

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

 

Public Comment

Council Action Needed:         Motion to approve a contract for legal services with Mariscal, Weeks.

 

Narrative: This is a request for Council to approve a contract for legal services with Mariscal, Weeks.  

 

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6.         PUBLIC HEARING AND COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF A SPECIAL USE PERMIT; CASE SPR-05-01 BHAPPU

 

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

 

APPLICANT/

                                    OWNER:        Anita Bhappu

                        ASSESSOR’S

                        PARCEL

                                    NUMBER:     211-47-112G

                        LEGAL:          A part of the SE ¼ of Sec. 5, T5N, R4E

LOCATION:  Generally located west of North Cave Creek Road and south of E. El Sendero Drive at 5427 E. El Sendero Drive (see Exhibit A).

                        REQUEST:                  Approval for Case No.: SUP-05-01 BHAPPU – Special Use Permit, for a guesthouse on a lot of approximately 57,631 sq. ft. (1.32 acres) 

                       CURRENT

                       ZONING:       Single-family Residential (R-35) Zone              

                       SURROUNDING

                       ZONING:       North, East & West: Single-family Residential (R-35) Zone 

                                               South:  Town of Carefree Commercial Zone

                       CURRENT

                       LAND USE:   Single-family residence with detached guesthouse 

                       SURROUNDING

                       LAND USE:   North:  Vacant Residential Parcel

                                                East:     Vacant Residential Parcel         
                                                South:   Vacant - Town of Carefree Commercially Zoned Property       

                                    West:  Single-family Residence

 

 

Public Hearing

Council Action Needed:         Following the Public Hearing, motion to approve or deny approval of a special use permit for case SPR-05-01 Bhappu.

 

Narrative:  This is a request for the Council to hold a public hearing, then discuss and possibly approve a special use permit for case SPR-05-01, applicant BHAPPU, for a guesthouse on a lot of approximately 57,631 sq. ft. (1.32 acres) in an R-35 single-family residential zone.

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

POSTED THIS  _________ day of July, 2005

BY: ___________________________________                                                           

Carrie A. Dyrek, Town Clerk