AMENDED 6/15/06
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 19, 2006
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 AGENDA
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:
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. Dale Samar of the
Cave Creek Merchants Chamber of Commerce will report on the activities of the
Chamber.
ACTION ITEMS
I.
CONSENT AGENDA
A. Approval of May 15, 2006 Regular Council
Meeting Minutes
B. Approval of a Deed of Gift to the Town
for a dedicated easement for roadway, ingress, egress and public utilities
purposes over, under and across the 20’ east on 72nd Street from the
#Entrance to Continental Mountain Estates north to the Town Boundary at Linda
Lane; Section 14, T6N, R4E; Assessor’s Parcel 216-17-004U. Grantor is Julianne Loegler.
C. Approval of Deed of Gift to the Town for
a dedicated Right-Of-Way for roadway and public utility purposes in exchange
for abandonment of an equal portion of Military Road Right-Of-Way to match the
existing traveled roadway. The area to
be exchanged is 0.032 acres each of part of the Southwest quarter of the
Southwest Quarter of Section 27, township 6 North, Range 4 East: Assessor’s
Parcel 211-06-041. Grantor is Thompson
Peak One Holdings, LLC.
D. Approval of Resolution No. R2006-13, A
Resolution of the Mayor and ‘Town Council of the Town of Cave Creek, Arizona
Declaring that Certain Right-of-Way Described in Exchange Parcel Description Attached Hereto is no Longer
Necessary for Public Use as a Roadway; And Declaring Said Right-of-way
Abandoned.
E. Approval of Deed of Gift to the Town
for a dedicated easement for roadway, ingress, egress and public utilities
purposes over, under and across the 628.66’ of the East 40’ of the Northeast quarter of the
Southeast quarter of Section 15, T6N, R4E; Assessor’s Parcels 216-86-006A and
216-86-007A. Grantor is Robert Selman.
F. Authorize moving the Monday, July 3,
2006 regular Council Meeting to Monday, July 10, 2006 at 7:00 p.m.
G. Authorize moving the Monday, July 17,
2006 regular Council Meeting to Monday, July 24, 2006 at 7:00 p.m.
Council Action Needed: Motion
to approve the Consent Agenda including Resolution R2006-13, a Resolution of
the Mayor and ‘Town Council of the Town of Cave Creek, Arizona Declaring that
Certain Right-of-Way Described in Exchange Parcel Description Attached Hereto is no Longer
Necessary for Public Use as a Roadway; And Declaring Said Right-of-way
Abandoned.
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. COUNCIL DISCUSSION AND POSSIBLE ACTION
TO AWARD CONTRACT FOR CAVE CREEK ROAD/CAREFREE HIGHWAY INTERSECTION IMPROVEMENT
PROJECT – MANAGEMENT SUPPORT
Placed on
the agenda by the Engineering Department, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to award contract
for professional services to Y.S. Mantri & Associates for a total direct
expense amount not to exceed $28,716 with any and all additional direct and
outside expenses to be pre-approved by Staff and reimbursed at cost.
Narrative: This is a request for Council to award a contract
for project Management Support Services from the project pre-planning stage to
preparing the RFP for selection of an engineering firm to prepare plans and
specifications, estimates and for support up to the project bidding stage
regarding the Cave Creek Road/Carefree Highway Intersection Improvement
Project.
P. 6
2. DISCUSSION AND POSSIBLE SECOND READING OF
ORDINANCE O2006-19 RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING “THE 2006
AMENDMENTS TO THE TAX CODE OF THE TOWN OF CAVE CREEK” BY REFERENCE;
ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING
PENALTIES FOR VIOLATIONS
Placed
on the agenda by Town Administration, Town of Cave Creek
Public Comment
Council Action Needed: Motion to give Second Reading to
Ordinance O2006-19, an Ordinance of the Mayor and Town Council of the Town of
Cave Creek, Arizona,
PAGE# ITEM#
relating
to the privilege license tax; adopting “The 2006 Amendments to the Tax Code of
the Town of
Cave
Creek” by reference; establishing an effective date; providing for severability
and providing penalties for violations.
Narrative: Motion
to give Second Reading of Ordinance O2006-19, an
Ordinance of the Mayor and Town Council of the Town of Cave Creek, Arizona relating
to the privilege license tax; adopting “The 2006 Amendments to the Tax Code of
the Town of Cave Creek” by reference; establishing an effective date; providing
for severability and providing penalties for violations.
P. 15
3. DISCUSSION AND POSSIBLE APPROVAL OF
RESOLUTION
R2006-15
A RESOLUTION OF THE MAYOR AND TOWN COUCIL OF THE TOWN OF CAVE CREEK, ARIZONA
AUTHORIZING THE TOWN MANAGER TO ENTER INTO A REIMBURSABLE FUND AGREEMENT FOR
THE ARIZONA TRANSPORTATION ENHANCEMENT PROGRAM
2006
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 R2006-15, a Resolution of the Mayor and Town Council of the Town of
Cave Creek, Arizona, authorizing the Town Manager
to enter into a reimbursable fund agreement for the Arizona Transportation
Enhancement Program 2006 through the Arizona Department of Transportation.
Narrative: This is a request for
Council to approve a resolution for the Town to receive grant funds from ADOT.
P.16
4. DISCUSSION AND POSSIBLE AUTHORIZATION
TO EXPEND FUNDS IN AN AMOUNT OF $325,000 TO RTR EVENTS, LLC FOR PROMOTION AND
CONTRACTING WITH PERFORMERS, STAGE AND LIGHTING, TICKET SALES AND PARKING AND
SECURITY FOR THE TOWN’S 20TH ANNIVERSARY OF INCORPORATION
CELEBRATION CONCERT.
Placed on the agenda by Town Administration, Town of Cave Creek
PAGE# ITEM#
Public Comment
Council Action Needed: Motion to authorize the expenditure of funds to RTR Events,
LLC in an amount not to exceed a total of $325,000 as provided for in
a contract with
RTR, with $60,000 to
be expended from the Fiscal Year
2005-2006 budget and $265,000 to be expended from the Fiscal Year
2006-2007 budget.
Narrative:
This is a
request for Council to authorize the expenditure of funds for a celebration of
the Town’s 20th anniversary of incorporation. A concert is scheduled
to be held in September, 2006.
5. COUNCIL
DISCUSSION AND POSSIBLE ACTION TO INSTRUCT STAFF REGARDING A COMPREHENSIVE
AMENDMENT TO THE ZONING ORDINANCE
Placed on
the agenda by the Planning Department, Town of Cave Creek
Public Comment
Council Action Needed: Motion to instruct Staff to take the necessary
action to prepare a
comprehensive amendment to the zoning
ordinance and take the amendment(s) through
the public process for approval as required by
law.
Narrative: This is a request for Council to give direction to staff
to initiate a comprehensive amendment to the zoning ordinance.
P.22
6. PUBLIC HEARING AND POSSIBLE
APPROVAL OF AN EXCEPTION ` REQUEST
FOR HIDDEN CANYON –CASE E-06-01
Placed
on the agenda by the Planning Department, Town of Cave Creek
CASE NUMBER: E-06-01 Hidden Canyon
OWNER: Manley Land Development, Inc.
APPLICANT: Steven Voss, LVA Urban Design Studio, LLC
ASSESOR’S
PARCEL No.: 211-13-006A
LOCATION: Generally located northwest of the Intersection of
North Ootam Road and East Hohokam Place
LEGAL: Part of Section 33, T6N, R4E
PAGE# ITEM#
REQUEST: Approval of an Exception Request seeking relief from
the Town of Cave Creek
Subdivision Ordinance, Chapter 2- Planning
Standards & Procedures, Section 2.5-Lot Planning, Subsection F-Double Frontage Lots
for a 29-lot subdivision located
on approximately 41 acres, in a Residential (R-35) zone
Public Hearing
Council Action Needed: Motion to approve the Exception Request
for Hidden Canyon, Case E-06-01 subject to a one
foot (1’) Non-Vehicular Access Easement (NVAE) being placed along the southern
boundary of lot number 2 as shown on the proposed Preliminary Plat
Narrative:
This
is a request for the Council to approve the Exception Request for Case #E06-01
Hidden Canyon subject to a one foot Non-Vehicular Access Easement being placed
along the southern boundary of lot number 2 as shown on the proposed
Preliminary Plat.
P.32
7. PUBLIC HEARING AND POSSIBLE
APPROVAL OF AN EXCEPTION ` REQUEST FOR HIDDEN CANYON –CASE E-06-02
Placed
on the agenda by the Planning Department, Town of Cave Creek
CASE NUMBER: E-06-02 Hidden Canyon
OWNER: Manley Land Development, Inc.
APPLICANT: Steven Voss, LVA Urban Design Studio, LLC
ASSESOR’S
PARCEL No.: 211-13-006A
LOCATION: Generally located northwest of the Intersection of North Ootam Road
and East Hohokam Place
LEGAL: Part of Section 33, T6N, R4E
REQUEST: Approval of an Exception Request seeking relief from the Town of Cave Creek
Subdivision Ordinance, Chapter 4-Engineering Standards
& Procedures, Section
4.4-Street Planning, Subsection A-Street Layout,
Item Number 12-Maximum length of cul-de-sac streets
for a 29-lot subdivision approximately 41 acres, in
a Residential (R-35) zone.
PAGE# ITEM#
Public Hearing
Council Action Needed: Motion to approve the Exception Request
seeking relief from the Town of Cave
Creek Subdivision Ordinance, Chapter 4-Engineering
Standards &
Procedures,
Section 4.4-Street Planning, Subsection A-Street Layout, Item Number 12-Maximum
length of cul-de-sac streets for a 29-lot subdivision located on approximately
41 acres, in a Residential (R-35) zone.
Narrative: This is a
request for the Council to approve the Exception Request for Case #E-06-02 Hidden Canyon.
P.43
8. PUBLIC HEARING AND POSSIBLE APPROVAL OF
AN EXCEPTION REQUEST, CASE #E-06-03 CAHAVA SPRINGS
Placed on the agenda by Planning
Department, Town of Cave Creek.
CASE
NO.: E-06-03 Cahava
Springs Exception Request
APPLICANT: Hoskin-Ryan Consultants, Inc. for Apache
Springs Land L.L.C.
LOCATION: Generally located at the NE corner
of 32nd Street
&Rockaway Hills Road
alignment
REQUEST Approval of an Exception
Request seeking relief from the Town of
Cave Creek Subdivision Ordinance, Chapter 4-Engineering Standards
& Procedures, Section
4.4-Street Planning, Subsection A-Street Layout,
Item Number 12-Maximum length of cul-de-sac streets
for a 29-lot subdivision approximately 41 acres, in
a Residential (R-35) zone.
Public
Hearing
Council Action Needed: Motion to approve the Exception
Request seeking relief
from the Town of Cave Creek Subdivision Ordinance, Chapter
4-Engineering Standards & Procedures, Section 4.4-Street
Planning, Subsection A-Street
Layout, Item Number 12-Maximum length of
cul-de-sac streets for a 29-lot subdivision located on
approximately 41 acres, in a Residential (R-35) zone.
Narrative: This is a request for Council to give
approval to the Exception Request,
Case #06-03, Cahava
Springs.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS _________ day of June, 2006
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk