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, MAY 18, 2015 AN EXECUTIVE SESSION WILL BE HELD DURING THE REGULAR TOWN COUNCIL MEETING BEGINNING AT 6:00PM. PLEASE NOTE: AN AUDIO RECORDING OF THE TOWN COUNCIL MEETING WILL BE AVAILABLE ONLINE WITHIN THREE BUSINESS DAYS OF THE MEETING. 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 Steve LaMar, Council Members Ernie Bunch, Susan Clancy, Dick Esser, Mark Lipsky and Thomas McGuire. (one or more members may attend by technological means) Page EXECUTIVE SESSION 1. 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 Attorneys for legal advice and to consider the Town s position and instruct its attorneys in regard to pending litigation, Abujbarah v. Town of Cave Creek et al, CV2013- Page 1 of 16
Page EXECUTIVE SESSION 011198. A.R.S. 38-431.03(A)(3) and (4). 2. Discussion and consultation with the Town's attorneys for legal advice and to instruct its attorneys regarding wastewater treatment plant and water treatment plant issues as they relate to the Arizona Department of Environmental Quality (ADEQ). A.R.S. 38-431.03(A)(3) and (4). 3. Discussion and consultation with the Town's attorneys for legal advice and to consider the Town's position regarding pending litigation and possible settlement of APS v. Cave Creek, CV2015-000498. A.R.S. 38-431.03(A)(3) and (4). Council Action Needed: Motion to adjourn to Executive Session for purposes listed above. THE PUBLIC MEETING WILL BEGIN AT 7:00 PM FOLLOWING THE EXECUTIVE SESSION. PLEDGE OF ALLEGIANCE PUBLIC ANNOUNCEMENTS CALL TO THE PUBLIC TOWN MANAGER REPORT ACTION ITEMS: A. CONSENT AGENDA There are no items for the Consent Agenda. B. GENERAL AGENDA ITEMS 6-11 1. COUNCIL DISCUSSION AND APPROVAL OF RESOLUTION R2015-15 GRANTING A RIGHT-OF-WAY EASEMENT TO ARIZONA PUBLIC SERVICE COMPANY (APS) AND AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT-OF- WAY EASEMENT. Presented by the Towns Attorneys, Town of Cave Creek. Public Comment Page 2 of 16
Page B. GENERAL AGENDA ITEMS Staff Recommendation: Motion to approve Resolution R2015-15, a Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, granting a right-of-way easement to Arizona Public Service Company (APS) and authorizing the Mayor to execute the right-of-way easement. 2. COUNCIL DISCUSSION REGARDING POSSIBLE ACTION TO TERMINATE LEGAL SERVICES PROVIDED BY DICKINSON WRIGHT EFFECTIVE JUNE 15, 2015. Presented by Vice Mayor LaMar and Councilwoman Clancy, Town of Cave Creek. Public Comment Recommendation: Motion to terminate the legal services provided by Dickinson Wright effective June 15, 2015. 3. COUNCIL DISCUSSION AND DIRECTION TO THE TOWN MANAGER TO SEND OUT A REQUEST FOR PROPOSAL FOR LEGAL SERVICES BY END OF BUSINESS MAY 20, 2015, AND DIRECT THE PRESENT ATTORNEYS AT DICKINSON WRIGHT TO TAKE ALL NECESSARY ACTIONS TO FACILITATE THE SUBSTITUTION OF NEW ATTORNEYS, THE TRANSFER OF FILES AND INFORMATION, AND PROVIDE PROPER NOTICE TO THE COURT AND ALL NECESSARY PARTIES. Presented by Vice Mayor LaMar and Councilwoman Clancy, Town of Cave Creek. Public Comment Recommendation: Motion to direct the Town Manger to send out a request for proposal for legal services by the end of business May 20, 2015, and direct the present attorneys at Dickinson Wright to take all necessary actions to facilitate the substitution of new attorneys, the transfer of files and information, and provide proper notice to the court and all necessary parties. 4. COUNCIL DISCUSSION AND DIRECTION TO THE TOWN MANAGER TO SET A JUNE 10, 2015 SPECIAL COUNCIL MEETING WITH AN EXECUTIVE SESSION TO INTERVIEW Page 3 of 16
Page B. GENERAL AGENDA ITEMS AND DISCUSS APPLICANTS INTERESTED IN PROVIDING LEGAL SERVICES FOR THE TOWN AND A PUBLIC AGENDA ITEM TO SELECT NEW TOWN ATTORNEYS. Presented by Vice Mayor Steve LaMar and Councilwoman Clancy, Town of Cave Creek. Public Comment 12-15 Recommendation: Motion to direct the Town Manager to set a June 10, 2015 Special Town Council Meeting with an executive session to interview and discuss applicants interested in providing legal services for the Town and a public agenda item to select new Town Attorneys. 5. COUNCIL DISCUSSION AND APPROVAL OF SECOND READING OF ORDINANCE O2015-02 INCREASING THE CORPORATE LIMITS OF THE TOWN OF CAVE CREEK BY ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS. (ANNEXATION AREA 2014-01; PEARSON) Presented by the Director of Planning, Town of Cave Creek. Public Comment Recommendation: Motion to give Second Reading to Ordinance O2015-02, an Ordinance of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, State of Arizona, pursuant to the provisions of Title 9, Chapter 4, Article 7, Arizona Revised Statutes by annexing certain territory contiguous to the existing Town limits. 16 6. COUNCIL DISCUSSION AND REVIEW OF THE CURRENT PROCESS FOR APPLICATION AND APPROVAL OF LANE CLOSURES FOR SPECIAL EVENTS AND DIRECTION TO TOWN MANAGER TO RETURN THE APPROVAL FOR LANE CLOSURES FOR TO COUNCIL, INCLUDING HOURS OF CLOSURE AND THE PHYSICAL LOCATIONS OF START AND END OF CLOSURES. Presented by Councilman Lipsky, Town of Cave Creek. Public Comment Page 4 of 16
Page B. GENERAL AGENDA ITEMS Recommendation: Motion to direct the Town Manager to draft an item for a future Town Council meeting that would require Council approval of lane closures for special events. 7. COUNCIL DISCUSSION AND POSSIBLE DIRECTION TO TOWN MANAGER REGARDING USE OF SONORAN NEWS FOR TOWN OF CAVE CREEK ADVERTISING. Presented by Councilman Lipsky and Councilwoman Clancy. Public Comment Recommendation: Motion to direct the Town Manager regarding the use of Sonoran News for Town of Cave Creek advertising. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS. ADJOURNMENT POSTED THIS day of May, 2015 BY: Carrie A. Dyrek, Town Clerk Page 5 of 16
RESOLUTION NO. R2015-15 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CAVE CREEK, MARICOPA COUNTY, ARIZONA GRANTING A RIGHT-OF-WAY EASEMENT TO ARIZONA PUBLIC SERVICE COMPANY ( APS ) AND AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT-OF-WAY EASEMENT. RECITALS WHEREAS, Town is the owner of certain real property (the Grantor s Property ); WHEREAS, APS desires to obtain a non-exclusive right, privilege, and easement to use Grantor s Property; WHEREAS, APS filed a Complaint in Condemnation (Maricopa County Superior Court Cause No. CV2015-000498) seeking a right-of-way easement over and through Grantor s Property (the pending litigation ); and WHEREAS, Town is authorized to grant easements for the use of its real property; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF CAVE CREEK, ARIZONA, as follows: Section 1. The Right-of-Way Easement attached hereto as Exhibit 1 is hereby granted and approved as an element of, and in connection with, the settlement of the pending litigation. Section 2. the Town. The Mayor is authorized to execute the Right-of-Way Easement on behalf of PASSED AND ADOPTED this day of, 2015, by the Town Council of Cave Creek. Vincent Francia, Mayor Town of Cave Creek ATTEST: APPROVED AS TO FORM: Carrie A. Dyrek, Town Clerk Town of Cave Creek PHOENIX 53601-1 218713v2 Fredda J. Bisman Dickinson Wright PLLC Town Attorneys B1. COUNCIL DISCUSSION AND APPROVAL OF Page 6 of 16
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ORDINANCE NO. O2015-02 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF CAVE CREEK EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF CAVE CREEK, MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES BY ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS. WHEREAS, a petition in writing, accompanied by a map of said real property, having been filed and presented to the Mayor and Council of the Town of Cave Creek, Arizona, signed by the owners of more than one-half in value of the real and personal property and more than one-half of the persons owning real and personal property as would be subject to taxation by the Town of Cave Creek in the event of annexation within the territory and land hereinafter described as shown by the last assessment of said property, which said territory is contiguous to the Town of Cave Creek, and not now embraced within its limits, asking that the property more particularly hereinafter described be annexed to the Town of Cave Creek, and to extend and increase the corporate limits of the Town of Cave Creek so as to embrace the same; and WHEREAS, the Mayor and Council of the Town of Cave Creek, Arizona, are desirous of complying with said petition and extending and increasing the corporate limits of the Town of Cave Creek to include said territory; and WHEREAS, Exhibit A sets forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the Town of Cave Creek, and had attached thereto is an accurate map (Exhibit B ) of the territory desired to be annexed; and WHEREAS, the provisions of Section 9-471, Arizona Revised Statutes, and amendments thereto, have been fully observed. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF CAVE CREEK, ARIZONA, AS FOLLOWS: SECTION 1. That the following described territory be, and the same hereby is, annexed to the Town of Cave Creek, and that the present corporate limits, be, and the same hereby are, extended and increased to include the territory which is contiguous to the present Town limits and is described and depicted in the attached Exhibit A. SECTION 2. That attached hereto as Exhibit B is the petition signed by the owners of more than one-half in value of the real and personal property within the area sought to be annexed. B5. COUNCIL DISCUSSION AND APPROVAL OF Page 12 of 16
SECTION 3. That the described property is currently zoned C-2 per Maricopa County and upon conclusion of the annexation process will be reclassified to a comparable zoning district of General Commercial (GC) in the Town of Cave Creek. SECTION 4. That upon passage and adoption of this Ordinance in accord with the Town Code and the state statute and signature by the proper officers of the Town, that the Town Clerk is hereby authorized and directed to record this Ordinance together with all the appropriate attachments in the office of the County Recorder of Maricopa County, Arizona. SECTION 5. That a copy of this Ordinance, together with a correct description and an accurate map of the territory hereby annexed to the Town of Cave Creek, Arizona, certified by the Clerk of the Town, be forthwith filed with the Maricopa County Recorder for publication as an agenda item at the next regular public meeting of Maricopa County governing body. SEE EXHIBITS A AND B ATTACHED HERETO PASSED AND ADOPTED by the Mayor and Council of the Town of Cave Creek, Arizona, this day of, 2015. FOR THE TOWN OF CAVE CREEK: ATTESTED TO: Vincent Francia, Mayor Carrie Dyrek, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Peter Jankowski, Town Manager Dickinson Wright, PLLC Town Attorneys B5. COUNCIL DISCUSSION AND APPROVAL OF Page 13 of 16
Exhibit A
Exhibit B
INTEROFFICE MEMORAND UM TO: FROM: CARRIE DYREK MARSHAL STEIN SUBJECT: BIKE WEEK DATA 2012 TO 2015 DATE: 5/11/2015 CC: As per your request, I have compiled a brief history on Bike Week closures from 2012 through 2015. 1. Right of Way Permit 2012-10 was issued for the following dates in March 2012: March 24 & March 25 March 30 and April 01, 2012 2. Special Event permit Number 13-06 was issued for the following dates in 2013: April 06 and 07 April 13 and 14 2013 3. Special Event Permit 14-05 was issued for the following dates in 2014: March 28 through April 06 4. Special Event Permit 15-07 was issued for the following dates: March 20-March 29 B6. COUNCIL DISCUSSION AND REVIEW OF THE Page 16 of 16