1/2/07
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,
JANUARY 8, 2007
This Regular Town Council meeting is considered the
First Regular Meeting of the month and will be held on this date rather than
January 2, 2007 due to holiday schedules.
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 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) (3) and (4) as follows:
EXECUTIVE SESSION AGENDA
1.
Discussion and consultation with the Town’s Attorneys
and legal advice regarding contracts, infrastructure improvements and
landscaping improvements involving the Stagecoach Pass Estates Project pursuant
to 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
No reports are scheduled for this meeting.
ACTION ITEMS:
I.
CONSENT AGENDA
A.
Approval of the November 6, 2006 Regular Council
Meeting Minutes.
B.
Approval of the November 20, 2006 Regular Council
Meeting Minutes.
C.
The Second Regular Town Council Meeting for the month
of January is hereby set for January 22, 2007.
Council Action Needed: Motion
to approve 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#
No
Materials
1. REPORT
TO MAYOR AND COUNCIL BY CHIEF MORRIS OF RURAL METRO AND DISCUSSION REGARDING
RURAL METRO’S YEAR-END PROGRESS REPORT AND ACCOMPLISHMENTS FOR CAVE CREEK.
Placed
on the agenda by the Town Manager, Town of Cave Creek.
Public Comment
Council Action Needed: Discussion item only. No action will be
taken by the Town Council.
Narrative: This is
a request for Council to have a discussion regarding the year-end progress
report given by Chief Morris of Rural Metro.
P.1
2. FIRST PUBLIC HEARING ON THE PROPOSED
EXTENSION OF AN ALTERNATIVE EXPENDITURE LIMITATION – HOME RULE OPTION
Placed on the
agenda by the Town Administration, Town of Cave Creek.
There
will be a Staff Presentation, then a request for Council to hold the First
Public Hearing regarding the proposal to extend an Alternative Expenditure
Limitation – Home Rule Option for the Town of Cave Creek.
Public
Hearing
Council
Action Needed: No action is requested at this time.
Narrative: The Town of Cave Creek has operated
under the Home Rule Alternative Expenditure Limitation Options since 1999,
renewed by the voters at the May 2003 Election, and will be placed on the May
2007 Election ballot requesting voter approval to renew the Home Rule Option.
P.4
3. PUBLIC HEARING AND POSSIBLE APPROVAL OF
AN AMENDMENT TO A STIPULATION OF AN APPROVED SITE PLAN – CASE SPR-06-07 – STAGECOACH VILLAGE
Placed
on the Agenda by the Planning Department, Town of Cave Creek
Public Hearing
Council Action
Needed: Motion to continue Case SPR-06-07 – Stagecoach Village
to the Regular Town Council meeting on February 5, 2007.
Narrative: This is a request for Council to
continue this case to February 5, 2007 at the request of the developer in order
to allow time for the completion of the traffic study.
PAGE# ITEM#
P. 5
4. PUBLIC HEARING AND POSSIBLE FIRST
READING OF ORDINANCE O2007-01, AMENDING THE TOWN OF CAVE CREEK ZONING
ORDINANCE, AS INCORPORATED IN THE CAVE CREEK TOWN CODE, DATED JANUARY 6, 2003, BY
AMENDING APPENDIX B – GLOSSARY TERMS AND DEFINITIONS; APPENDIX B: DEFINITION;
BY MODIFYING THE DEFINITION OF NUMBER 17 “BUILDING” AND BY THE ADDITION OF A
DEFINITION OF “INDOOR”.
Placed on the agenda by the Planning
Department, Town of Cave Creek
Public Hearing
Council
Action Needed: Motion to give First
Reading to Ordinance O2007-01 an Ordinance of the Mayor and Town Council of the
Town of Cave Creek, Maricopa County, Arizona amending the Town of Cave Creek
Zoning Ordinance as incorporated in the Cave Creek Town Code, dated January 6,
2003, by amending Appendix B – Glossary Terms and Definitions; Appendix B:
Definition; by modifying the definition of Number 17. “Building” and by the
addition of a definition of “Indoor”.
Narrative: This is a request for the Council to hold a public
hearing and possibly give First Reading to Ordinance O2007-01 amending
the Town of Cave Creek Zoning Ordinance as incorporated in the Cave Creek Town
Code, dated January 6, 2003, by amending Appendix B – Glossary Terms and
Definitions; Appendix B: Definition; by modifying the definition of Number 17. “Building”
and by the addition of a definition of “Indoor”.
PAGE# ITEM
P.14
5. PUBLIC HEARING AND POSSIBLE APPROVAL OF
A SITE PLAN FOR THE EPICUREAN PALETTE – CASE #SPR-06-06.
Placed on the agenda by the Planning
Department, Town of Cave Creek
Case No: SPR-06-06 The Epicurean Palette – Site Plan Review
Owner: Floyd and Barb Wernimont
Applicant: Floyd and Barb Wernimont
APN: 216-06-036A
Address: 6535 E. Cave
Creek Rd.
Request: Approval of the Site Plan for a new commercial building in
the Town Core in a Commercial Core (CC) Zone on a 75,407 square foot parcel.
Public Hearing
Council
Action Needed: Motion to approve Site Plan
for the Epicurean Palette, Case #SPR-06-06 for a new commercial building in the
Town Core in a Commercial Core Zone on a 75,407 square foot parcel subject to
any conditions of approval.
Narrative: This is a request for the Council to hold a
public hearing and to possibly approve a Site Plan for the Epicurean Palette
requested by Floyd and Barb Wernimont; Case #SPR-06-06, subject to any
conditions of approval.
P.32
6. PUBLIC HEARING AND POSSIBLE APPROVAL OF
A FINAL PLAT FOR HIDDEN VALLEY CONDOMINIUMS; CASE #F-06-04.
Placed on the agenda by the Planning
Department, Town of Cave Creek
Case No: Case F-06-04 – Hidden Valley Condominiums – Final Plat
Owner: Habitat for Humanity
Desert Foothills
Applicant: Habitat for Humanity Desert
Foothills
Address: Blue Ridge
Drive & Ootam Rd.
Request: Approval of the Final Plat for an 8-unit condominium project
in a Multi-Family Residential (MR-43) Zone.
Public Hearing
Council
Action Needed: Motion to approve the Final
Plat for Hidden Valley Condominiums; Case #F-06-04 for an 8-unit condominium
project in a Multi-Family Residential (MR-43) Zone, subject to any conditions
of approval.
Narrative: This is a request for the Council to hold a public
hearing and possibly approve the Final Plat for Hidden Valley
Condominiums; Case #F-06-04 for an 8-unit condominium project in a Multi-Family
Residential (MR-43) Zone, subject to any conditions of approval.
PAGE# ITEM#
P.52
7. PUBLIC HEARING AND POSSIBLE APPROVAL OF
A FINAL PLAT FOR CAVE CREEK RESORT & CASITAS; CASE #F-06-03.
Placed on the agenda by the Planning
Department, Town of Cave Creek
Case No: Case F-06-03 – Cave Creek Resort & Casitas – Final Plat
Owner: Cave Creek Resort, LLC
Applicant: Cave Creek Resort, LLC
Address: School House
Road, north of Cave Creek Road
Request: Approval of the Final Plat for a 252-unit full service
resort hotel on approximately 20.76 acres in a commercial core (CC) Zone
Public Hearing
Council Action Needed: Motion to approve the Final Plat for Cave Creek Resort &
Casitas; Case #F-06-03 for a 252-unit full service resort hotel on
approximately 20.76 acres in Commercial Core (CC) Zone, subject to any conditions
of approval.
Narrative: This is a request for the Council to hold a public hearing and to
possibly approve the
Final Plat for Cave Creek Resort & Casitas; Case #F-06-03 for a 252-unit
full service resort hotel on approximately 20.76 acres in Commercial Core (CC)
Zone, subject to any conditions of approval.
PAGE# ITEM#
P.82
8. COUNCIL DISCUSSION AND POSSIBLE
AUTHORIZATION FOR THE MANAGER TO SIGN LOAN DOCUMENTS ON BEHALF OF THE TOWN FOR
A $500,000 REVOLVING LINE OF CREDIT THROUGH HARRIS BANK.
Placed on the agenda by the Town
Administration, Town of Cave Creek
Public Comment
Council Action Needed: Motion to authorize the Town Manager to sign all necessary loan
documents on behalf of the Town of Cave Creek for a $500,000 revolving line of
credit at Prime minus .25% (8.25% minus .25% equals 8.00%) with no fees through
Harris Bank. Repayment will be interest only monthly for one year with a
renewal option should the Town need. This is a line with interest calculated
daily based on the outstanding principal balance.
Narrative: This is a request for the Council to authorize the
Town Manager to sign all necessary loan documents on behalf of the Town of Cave Creek for a $500,000
revolving line of credit at Prime minus .25% with no fees through Harris Bank.
Repayment will be interest only monthly for one year with a renewal option
should the Town need. This is a line with interest calculated daily based on
the outstanding principal balance.
PAGE# ITEM#
P. 83
9. COUNCIL DISCUSSION AND POSSIBLE
ADOPTION OF ORDINANCE O2007-04, REPEALING AND RESCINDING ORDINANCE NO. O2006-22
REGARDING AN AMENDMENT TO THE TOWN OF CAVE
CREEK TOWN CODE, CHAPTER 92: HEALTH AND SANITATION AND REINSTATING AND REVIVING
THE IMMEDIATE PRE-AMENDED FORMER VERSION OF CHAPTER 92: HEALTH AND SANITATION
PURSUANT TO THE PROVISIONS OF TOWN CODE SECTION 10.16.
Placed on the agenda by the Town
Administration, Town of Cave Creek
Public Comment
Council
Action Needed: 1)
Motion to dispense
with the process of allowing Ordinance No. O2007-04 to be read on two different
days.
2)
Motion to adopt Ordinance O2007-04, an Ordinance of the Mayor and Common
Council of the Town of Cave Creek, Maricopa
County, Arizona,
repealing and rescinding Ordinance No. O2006-22 regarding an amendment to the
Town of Cave Creek Town Code,
Chapter 92: Health and Sanitation and reinstating and reviving the immediate
pre-amended former version of Chapter 92: Health and Sanitation pursuant to the
provisions of Town Code Section 10.16
Narrative: This is a request for the Council to discuss and
possibly vote to dispense with the process of
allowing Ordinance No. O2007-04 to be read on two different days. Secondly, the
Council will discuss and possibly adopt an ordinance repealing
and rescinding Ordinance No. O2006-22 regarding an amendment to the Town of
Cave Creek Town Code, Chapter 92: Health and Sanitation and reinstating and
reviving the immediate pre-amended former version of Chapter 92: Health and
Sanitation pursuant to the provisions of Town Code Section 10.16.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS _________ day of January, 2007
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk