AMENDED 10/14/05
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,
OCTOBER 17, 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) (4) and (7).
CALL TO ORDER
6:00 P.M. Vincent Francia, Mayor, 37622 N. Cave Creek Road, Cave Creek, AZ.
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)(4) and (7) as
follows:
EXECUTIVE SESSION AGENDA
1.
Discussion and consultation with the Town Attorneys in order to consider
its position and instruct the attorney for the public body on the matter of an
Agreement for a Confidential and Non-Binding Settlement Process and a
Stipulation to Provide for Confidential Information in the matter of the Town
v. Cave Creek Water Company pursuant to A.R.S. Section 38-431.03(A)(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.
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.
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. Presentation
on Trails Master Plan by Bambi Muller,
Associate Planner/Trails Coordinator and Steve Jurewicz, Trails Volunteer.
ACTION ITEMS
I.
CONSENT AGENDA
A.
Approval of September 23, 2005 Mayor’s Committee on
Sound Meeting minutes.
B.
Authorize the Town’s retained Attorney and the Town
Manager to execute an Agreement for a Confidential and Non-Binding Settlement
Process and a Stipulation for the Provision of Confidential Information.
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. INTRODUCTION
OF MEMBERS OF THE MAYOR’S COMMITTEE PLANNING CELEBRATION OF TOWN’S 20TH
ANNIVERSARY OF INCORPORATION AND PRESENTATION BY BEVERLY BROOKS ON THE HISTORY
OF CAVE CREEK.
Placed
on the agenda by the Town Administration, Town of Cave Creek
Public Comment
Council
Action Needed: This is a
discussion item only. No action is required.
Narrative: This is a presentation and discussion item only regarding the history of
Cave Creek and introduction of the Committee members.
No Written
Report
2. PRESENTATION BY
STEVE WATERS, MARICOPA
COUNTY FLOOD CONTROL AND
COUNCIL DISCUSSION REGARDING A FLOOD RESPONSE SYSTEM FOR CAVE CREEK
Placed
on the agenda by the Town Engineer, Town of Cave Creek
Public
Comment
Council Action Needed: This is a discussion item only. No
action is required.
Narrative: This is a presentation and discussion
item only regarding a Flood Response System for Cave Creek.
PAGE# ITEM#
P.5
3. PUBLIC HEARING AND POSSIBLE APPROVAL OF A SITE PLAN FOR DESERT
FOOTHILLS LIBRARY – CASE SPR-05-10.
Placed
on the agenda by the Planning Department, Town of Cave Creek
CASE
NUMBER: SPR-05-10 Desert Foothills Library
APPLICANT/ Hidell Associates Architects
OWNER: Desert Foothills Library
APN: 216-06-017H
LOCATION:
38443 N. School House Rd.
(Exhibit A)
REQUEST: Approval for Case
No.: SPR-05-10 Desert Foothills Library, Site Plan Review to
expand and renovate the Library increasing the building area from 6,795 sq. ft.
to 19,500 sq. ft. (Exhibit B & Attachment)
ZONING: Commercial Core (CC) Zone
SURROUNDING
North: Desert Rural (DR-89)Zone
ZONING: South and east:
Multi-family (MR-43) Zone
West: Commercial Core (CC) Zone
LAND
USE: Desert Foothills Library
SURROUNDING North:
Spur Cross Bed & Breakfast
LAND
USE: South: Ventana
Academy
East:
Village Apartments
West:
Vacant
Public Hearing
Council Action Needed: Following the Public Hearing, a Motion
to approve or deny the site plan.
Narrative: This is a request for Council to hold
Public Hearing and to approve a site plan.
PAGE# ITEM#
P.24
4. PUBLIC HEARING AND POSSIBLE APPROVAL OF A SITE PLAN FOR SILVER SKY PLAZA
– CASE SPR-05-07.
Placed
on the agenda by the Planning Department, Town of Cave Creek
CASE NUMBER: SPR-05-07
Silver Sky Plaza
APPLICANT/ John Hosnar
OWNER: John Stevens
APN: 211-55-043A
LOCATION:
SE Corner of Surrey Dr.
and Cave Creek Rd.
(Exhibit A)
REQUEST: Approval for Case
No.: SPR-05-07 Silver Sky Plaza, Site Plan Review for an office
building (Exhibit B & Attachment)
ZONING: Commercial Core (CC) Zone
SURROUNDING
North & South: Commercial Core (CC) Zone
ZONING: East: Residential (R-18)
Zone
West: Multi-family (MR-43) Zone
LAND
USE: Vacant
SURROUNDING North:
Vacant
LAND
USE: South: Desert Foothills Landscape Maintenance
East:
Single-family residence
West:
Vacant
Public Hearing
Council Action Needed: Following the Public Hearing, a Motion
to approve or deny the site plan.
Narrative: This is a request for Council to hold
Public Hearing and to approve a site plan.
P.39
5. PUBLIC HEARING AND POSSIBLE APPROVAL OF A SITE PLAN FOR DESERT
FOOTHILLS LANDSCAPE – CASE SPR-05-09.
Placed
on the agenda by the Planning Department, Town of Cave Creek
CASE NUMBER: SPR-05-09
Desert Foothills Landscape
APPLICANT/ Tyler Green
OWNER: Mark & Juanita Wdowiak
APN: 211-55-043C & 42C
LOCATION:
36799 N. Cave Creek Rd
(Exhibit A)
REQUEST: Approval for Case
No.: SPR-05-09 Desert Foothills Landscape, Site Plan Review for a
2,541 sq. ft. addition (office space) to an existing building (Exhibit B &
Attachment)
ZONING: Commercial Core (CC) Zone
SURROUNDING
North & South: Commercial Core (CC) Zone
ZONING: East: Residential (R-18)
Zone
West: Multi-family Residential (MR-43) Zone
LAND
USE: Desert Foothills Library
SURROUNDING North:
Vacant (SPR-05-07)
LAND
USE: South: Vacant
East:
Single-family residence
West: Two apartment building (SPR-05-11 Village
at Surrey Hills)
Public Hearing
Council Action Needed: Following the Public Hearing, a Motion
to approve or deny the site plan.
Narrative:
This is a request for Council to hold
Public Hearing and to approve a site plan.
P.55
6. PUBLIC HEARING AND POSSIBLE APPROVAL OF A SITE PLAN FOR SPUR CROSS
STATION – CASE SPR-05-12.
Placed
on the agenda by the Planning Department, Town of Cave Creek
CASE NUMBER: SPR-05-12
Spur Cross Station
APPLICANT/ Valerie Sheehan
OWNER:
APN: 211-08-039F
LOCATION: North
of Cave Creek Road
& West of Spur Cross Road (Exhibit A)
REQUEST: Approval for Case
No.: SPR-05-12 Spur Cross Station, Site Plan Review for a 10,384
sq. ft. commercial building for restaurant, retail and office uses in a
Commercial Core (CC) Zone. (Exhibit B & Attachment)
ZONING: Commercial Core (CC) Zone
SURROUNDING
North: Multi-family (MR-43) Zone
ZONING: South and east: Commercial
Core (CC) Zone
West: Residential (R-35; RUPD) Zone
LAND
USE: Vacant
SURROUNDING North:
Single-family residence
LAND
USE: South: Cracked Crab Restaurant
East:
Tobias Automotive
West:
Rancho Manana Golf Course
Public Hearing
Council Action Needed: Following the Public Hearing, a Motion
to approve or deny site plan.
Narrative:
This is a request for Council to hold
Public Hearing and to approve a site plan.
PAGE# ITEM#
P.71
7. APPROVAL OF A
CONTRACT WITH LOGAN SIMPSON DESIGN, INC. FOR EXECUTION OF DESIGN AND
CONSTRUCTION DOCUMENTS FOR IMPLEMENTATION OF THE WALK ALONG CAVE CREEK ROAD
Placed
on the agenda by the Planning Department, Town of Cave Creek
Public
Comment
Council Action Needed: Motion to approve the contract with Logan Simpson
Design, Inc. for Design and Construction Documents for implementation of the
Walk along Cave Creek Road in an amount not to exceed $29,142.
Narrative: This is a request for Council to discuss
and approve a contract with Logan Simpson Design, Inc. in an amount not to
exceed $29,142.
P.76
8. COUNCIL
DISCUSSION AND POSSIBLE RECOMMENDATION OF APPROVAL OF A NEW #12 RESTAURANT LIQUOR
LICENSE AT CREEKERS TERRITORIAL BAR & GRILL
Placed
on the agenda by the Town Administration, Town of Cave Creek
Public
Comment
Council Action Needed: Motion
to recommend approval for a new #12 Restaurant Liquor License requested by
Christina Smith, as agent for Creeker’s Territorial Bar & Grill located at
37645 N. Cave Creek Rd., Cave Creek.
Narrative: This is a request for Council discussion
and possible recommendation for approval to the State for a New #12 Restaurant
Liquor License requested by Christina Smith as agent for Creekers Territorial
Bar & Grill.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS _________ day of October, 2005
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk