Go To Search
HomeEmail
RSSPrint
Help Center
Click to Home
 

View Other Items in this Archive | View All Archives | Printable Version

MINUTES

TOWN COUNCIL MEETING

TOWN OF CAVE CREEK, ARIZONA

MONDAY, MARCH 4, 2002

 

CALL TO ORDER: Mayor Francia called the meeting to order at 7:00 p.m. at the Cave Creek Town Hall, 37622 N. Cave Creek Road, Cave Creek, Arizona.

 

ROLL CALL: Town Clerk Carrie A. Dyrek

 

Council Present:         Mayor Vincent Francia, Vice Mayor Ralph Mozilo, Council Members Bruce Flickinger, Gilbert Lopez, Grace Meeth, Shea Stanfield and 

Jerry Whitmore

 

Council Absent:          None

 

Staff Present:             Town Manager                         Usama Abujbarah

Town Clerk                              Carrie A. Dyrek

Director of Planning                  Ian Cordwell

Town Engineer                         Wayne Anderson

Assistant Town Engineer           Jeff Low

Town Attorneys                        Fredda Bisman and Mike Rubin

 

PLEDGE OF ALLEGIANCE   Everyone stood and gave pledge.

 

CALL TO THE PUBLIC

 

Janet Mohr mentioned that in review of the last six month’s Council meetings, there were seven executive sessions, which she considered excessive.

 

Thomas McGuire, 38872 N. Spur Cross Road, drew attention to the parking issue at Spur Cross Ranch.  Last Thursday he was unable to park his car.  He suggested ways to limit parking.

 

PROCLAMATION

 

The Mayor proclaimed March 2002 as American Red Cross Month in the Town of Cave Creek.

 

REPORTS

 

The following reports are for Council discussion only.  There will be no action taken, except to set an item for Council consideration at a future date.

 

1.                  Monthly status report by Lt. David Trombi, Maricopa County Sheriff's Office, District #4 North to include criminal activity and crime statistics for the Cave Creek area.

 

Trombi gave a status report that included criminal activity and crime statistics for the Town. 

 

Trombi responded to Flickinger on security efforts in Cave Creek regarding utilities.

 

Trombi responded to Mozilo that burglaries continue to be both residential and commercial.

 

2.                  Monthly status report by Chief Jim Ford, Rural Metro to include emergency medical and fire service activities in the Cave Creek area.

 

Ford gave a status report that included emergency medical and fire service activities in the Town.

 

ACTION ITEMS

 

I.                   CONSENT AGENDA

A.     Minutes of the January 28, 2002 Special Council Work Session.

Minutes of the February 4, 2002 Regular Council Meeting.

 

The following edits were made:

Mozilo on February 4, page 7 of 10, the last sentence is incomplete.

Meeth on February 4, page 6 at the very beginning, add  under” before “Town Council.”

 

Francia pulled the February 4, 2002 to clarify a missing sentence.

 

M/Meeth, S/Mozilo to approve the minutes of the Special Work Session held on January 28, 2002.

 

M/C 7-0 by voice vote.

 

II.                GENERAL AGENDA ITEMS

 

1.      Public Hearing and Approval of the Preliminary Plat for Stagecoach Pass Estates.

 

This is a request for the Council to hold a Public Hearing and approve or deny the Preliminary Plat for Stagecoach Pass Estates.

 

Ian Cordwell passed out page 34, which was inadvertently left out of the Council packet.

 

Cordwell reviewed the options and stated that the applicant has applied for two exceptions to the Subdivision Ordinance, one addressing the double frontage lot issue.  The case has been scheduled for review by the Planning Commission for its recommendation to the Town Council on April 4, 2002.

 

Cordwell clarified for Meeth that there is an additional exception regarding an interior road inside the subdivision that has a slope of 15% grade or more.

 

Paul Gilbert, 3200 N. Central, representing Legend Venture LLC, presented their Plans A and B, pointing out the differences.  They would accept either plan.

 

Gilbert responded to Stanfield that the non-vehicular access use resolved the issue of the Ordinance but Council has determined that it is not a valid solution, therefore it would require an exception.  In applying for the exception, Council is not guaranteeing that it will be approved.

 

PUBLIC COMMENT

 

Val Root, 5818 E. Restin Road, stated that there are traffic issues that are unresolved.  He disagreed with the validity of the traffic study.

 

Kevin Tully, 5937 E. Restin Road in Sentinel Rock’s community, read his statement for the record.  He was concerned about the safety for school-age children due to the traffic at the intersection.  He requested that Council resolve the issue this night, March 4, 2002.

 

Lat Celmins, 7201 E. Camelback Road #330, represented a future property owner.  He stated that his legal opinion was that the Plan does not constitute a double-frontage lot and the goal should be to have a plan with the best use of the property.  The alternative has a very negative impact on the use of the property.

 

Lyn Hitchen, 6125 E. Little Hope Place, stated that it is not a requirement of Council to approve anything that violates an ordinance or which has a negative impact on the neighbor.  It is up to the developer to design a plan that addresses both issues.  She requested Council to deny both plans this evening.

 

Bill Rentelman, 35407 N. Palo Verde Way, commented that he had been driving Stagecoach Pass for 6 ½ years.  The intersection is very hazardous.

 

George Bennan expressed his safety concerns for children.  The traffic concern was addressed at a prior meeting.

 

Bruce Brown, 58th Street, also stated that he has small children and expressed his concern over any access onto Stagecoach Pass.

 

Paul Gilbert, representing the developer, commented that they prepared a traffic report that was rigorously reviewed and accepted by Staff.  There was no issue with traffic with the first plan.  They changed the plan to accommodate the concerns of citizens in Sentinel Rock Estates.

 

 

COUNCIL COMMENTS

 

Mozilo inquired as to the school bus route off Stagecoach Pass.  Cordwell responded that the bus turns right to the best of his recollection.

 

Bisman responded to Mozilo about the interpretation of the Town’s Ordinance.

 

M/Meeth, S/Whitmore to refer the applicant back to the Planning Commission for approval of an exception and to continue the case to the May 20 Council meeting.

 

Stanfield expressed her concern with the validity of the traffic study.  She does not support this based on this issue.

 

Meeth stated that she believed these would be double frontage lots, so going through an exception would address this issue.

 

M/C 7-0 by voice vote.

 

2.      Review and Possible Action Regarding the Proposed Special Event Permit Application #SE-02-03, Cave Creek Rally

 

This is a request for the Council to review and approve or deny the request for a Special Event Permit for a Cave Creek Rally.

 

Cordwell gave a detailed report on the proposed special event and went through the memorandum that was given to the Town Council regarding the proposed special event SE-02-03 Cave Creek Rally. 

 

On January 30, 2002 Staff and Legal Staff met with Craig Simon and his associates representing JAM Productions, promoters of the proposed Cave Creek Rally.  Mr. Simon was notified the event, as publicized on the Internet, required a Special Event Permit from the Town along with an application for the Town to determine whether the proposed event meets the requirements of the Town Code.

 

On February 5, Staff received two applications for special events that would occur on the same date.  Other events were noted at various restaurants throughout the time period as well.  The second weekend in April has traditionally been used for the Fiesta Days Parade and associated events.  These events are cosponsored by the Town and, thus, do not require a special event permit.

 

Upon review of the submitted material, Staff determined the preliminary application for the concert to be complete while the application for the rally was found to be deficient with regard to insurance certification and a required site plan.  Both applicants were notified of the submittal status via telephone.  On February 12, Staff spoke with Mr. Simon to clarify the submittal deficiencies.  On February 15, Staff received the required site plan and a letter from Mr. Simon stating that a Certificate of Insurance would be issued to the promoter upon the Town’s approval of the application.

 

Cordwell read excerpts from Ordinance O2000-09 which were presented for reference by the Town Council toward the review of application SE-02-03.  Cordwell read the purpose of the Ordinance and the list of definitions of the uses.   The Town Council must approve uses or activities not listed in the Ordinance.

 

Cordwell continued to read the General Requirements and stipulations.  Should the Town Council approve the proposed application, Staff recommended that the application be reviewed by Staff for compliance with the submittal requirements set forth in Section 154.214(B)

 

COUNCIL QUESTIONS

 

Cordwell responded to Mozilo that the application must be complete to be approved and the applicant must provide a Certificate of Insurance, which has not been provided.

 

Craig Simon, representing the applicant, stated that he had held conversations with the Town’s Staff and Attorney and stated that the insurance Company would provide a Certificate of Insurance, should the permit be approved this evening.  He was at this meeting as an attorney promoting the event and as a biker.  He reviewed the rides for charity that would take place as part of this event.  There would be parties at restaurants in Town celebrating Bike Week and welcoming the bikers to the Town.  The bikers are white-collar workers, not outlaws who would be coming to Cave Creek.

 

Simon responded to Mozilo that the first weekend would have limited motorcycles in Cave Creek.  The second week they estimate 750-1000 motorcycles per day might go through Cave Creek.

 

Simon responded to Mozilo that he did not foresee the volume of motorcycles to be any different than a typical weekend in Cave Creek due to a variety of other biking events going on around the Valley.

 

Whitmore stated that he did not understand why this issue was before Council.  The State Statutes seems clear and if the permit isn’t approved, people will come to the Town regardless.

 

Simon agreed and stated that it was their opinion that they don’t need a permit, but they want to work with the Town to address any traffic, health and safety matters.  They have met with the Sheriff’s office.

 

Lopez commented on Simon’s statement that they would assist the Town with the extra police coverage needed.  Lopez asked Simon if the bikers were going to provide the extra police protection if Cave Creek does not approve a permit.  Simon responded that vendors up for Fiesta Days would provide extra rest rooms.  These would simply be up a week early.  They are working with the Sheriff’s office for police coverage.

 

Simon responded to Lopez on his reasoning that this is not an event that requires a Special Event Permit.  The only modifications were eliminating any outdoor concerts.

 

Flickinger inquired as to security arrangements for local businesses.  Simon responded that would be up to individual establishments.

 

PUBLIC COMMENT

 

Fredrick Christy, 6523 E. Military Road, expressed his support for a permit.  He enjoys riding.

 

Steve Sample, 5912 E. Tally Ho, objected to the motorcycle noise.

 

Janet Mohr commented on the marketing ploy that is getting bikers angry.  No one is against bikers.  This is a 9-10 day event as a drinking party.  We cannot keep out the irresponsible people.  Will the events be going on during school hours?  What about fire issues?

 

Paul Rerich, 6702 E. Cave Creek Road, is a Cave Creek merchant and represents the Desert Foothills Community Association which puts on the Rodeo, parade and dance the weekend of April 12 and 13.  He expressed his concern over mixing horse and motorcycle events at the same time.  He is opposed to a motorcycle rally during the Fiesta Days event.  He is Chairman of the parade and it was his understanding that they would have use of property behind the Dairy Queen for parking for the parade and the dances.  If the biker permit is granted, his understanding was that the property would be at the disposal of the rally people.  He is not opposed to motorcycle rallies but is opposed to them during Fiesta Days.

 

Rerich responded to Whitmore that the information regarding parking for the motorcycle rally behind the Dairy Queen had been a comment from the President of his organization.

 

David Cantor, 214 E. Broadway Road, #220, Tempe, is Craig Simon’s partner.  He supports the rally and granting of a permit.  He commented that last year over 2000 motorcyclists came to Cave Creek over Arizona Bike Week, which is why the promoter chose to establish these rides.  Having a regulated event would be in the best interest of all concerned since the bikers will still come to Cave Creek, with or without the permit.

 

Lopez questioned how regulating something would limit the amount of people coming to the event.  Cantor explained that it would not limit the number of people but the added protection of police patrols would create more responsibility among the bikers.  He felt that granting the permit would be the responsible thing to do.

 

Flip Crutchfield, Desert Hills, is familiar with horses and motorcycles.  He clarified that the word “rally” is a common word among motorcyclists so he would not be overly concerned about the “rally” aspect.  He is also a member of the El Zariba organization, attending many parades with mixed motorcycles and horses with few problems.  He makes a living in the area as a horse shoer.  Whether or not the permit is issued, people will still come.

 

Patty Wyndes stated that many people live here that want to live in quiet.  Many mufflers are not in compliance with the law.  She and her husband are against the motorcycle rally due to excessive noise and traffic.  This event would benefit the promoters not the Town.  She read a statement for the record from her husband.  She stated that she envisioned a traffic and safety problem.

 

Dean Brewer, 40039 N. 71st Street, spoke in opposition to a motorcycle rally.  He’s an avid motorcycle rider.  His issue was in having a rally during the Fiesta Days Parade.  Horses do not like loud noises.  The Special Event Ordinance addresses the traffic.  There needs to be regulation by the Town for health, safety and welfare purposes.  He urged the applicant to comply with the Ordinance.  He referenced the advertising on the Website.  There is only one way in and out of Town.  Where would a couple thousand bikers park?  Brewer urged Council to vote ‘no’ on the permit.

 

Ray Valley, Ride Marshal for Cave Creek’s rally, stated that he didn’t feel that there was much likelihood that this permit will be approved.  He addressed safety and traffic.  The promoters are working with the Sheriff’s office.  He would welcome sobriety checkpoints.  They didn’t pick this week, it was declared by the Governor.  We should focus on how to keep it safe for everybody.

 

Candice Reed is with the Desert Foothills Community Association that puts on the Fiesta Days Rodeo and Parade every year.  It has been designated for the second week in April for 24 years.  They have always paid for all the necessary security for health and safety.  They have no problem with bikers.  There are cowboys from all over that come to Cave Creek.  Please don’t choose an event at this time.  If the events are not centered in Cave Creek there won’t be as many bikers in Cave Creek.

 

Casey Preletty, a resident of Cave Creek, stated that it is sad that the two groups can’t come together and find a solution.  Everyone loves Cave Creek.  You need to find a balance in your hearts.

 

Bud Owings, 42605 N. Spur Cross Road, stated that Cave Creek is a Town restricted by its roadway, with one road through Town.  Cave Creek does not have the capacity for large amounts of traffic.  No one has the right to affect the health and safety of any Town.  He spoke of two times that he had runaway horses spooked by motorcycles coming up behind the horse.

 

Lt. Mark Brown, Arizona Department of Public Safety, commented on his appointment to Chair the 100 Club, a charity event supporting the fallen police and fire officers.  He will not be in Town for all the events or at night.  His participation would be restricted to this particular rally.  As a veteran of 28 years on the job of escorting motorcycle rallies, his department does not allow the participation of an outlaw motorcycle group.  The events that are going to be taking place are far more extensive than he was aware of before he came to the meeting.  His ride will take place in a lawful manner and stated that his desire would be to come to some kind of agreement on some of the other issues.

 

Brown responded to Mozilo that he would have to make a call regarding his escort of the rally should the Town of Cave Creek deny the permit.  He stated that he would lead the rally from Scottsdale to whatever destination it goes to from there.

 

Linda Reece, President of the Desert Foothills Community Association, commented that her committee pays for all fencing and Porta-John set-ups.  She commented that her dates for the rodeo are not elective to them either.  They are monitored by PRCA with a time slot that has been allotted to them as part of the rodeo circuit.  This is something that they had to bid for and agree to every year.

 

Don Sorchych, 5000 E. Morningstar, asked about Whitmore’s possible conflict of interest. 

 

Bisman responded to Sorchych about the statutory language.  According to conversations that she had with Whitmore, he feels that he falls into the category of remote interest, which is listed as an exception, and that he confirmed this with a member of the Attorney General’s staff during a seminar.  Bisman indicated that the exception may apply.

 

Bisman responded to Flickinger that as a member of the 100 Club, this would appear to fall into an exception.

 

Bill Arson, N. Echo Canyon, commented on large events he has been on as a biker.  There were few incidents in his experience.  He is with a Christian Motorcycle Club and hopes that there could be a compromise.

 

Mayor Francia stated that Mayor Morgan submitted a letter for the record requesting Council to deny issuing a permit.

 

Mike Rubin, Town Attorney addressed some legal points arising from the Ordinance.  The fact that there are other events simultaneously does not necessarily mean the rally could not be approved.  The health and safety issues must be addressed. If the application is approved it should be conditioned to include the issuance of a Certificate of Insurance.  A permit gives an element of control that may not be there without a permit.

 

Rubin responded to Whitmore that in all practicality, there isn’t much the Town can do.  Specific activities may be enjoined.

 

Simon stated that he would work with the Sheriff’s office to adhere to the noise law within proper decibels.

 

The 100 Club ride goes out at noon after the parade is over.  This is not a huge bike event.  The fact that it is a new event should not give it less consideration.  They want to work with the Town.  There are only two rides that start in Cave Creek.  Riders would be in and out of Town, not here all at one time.

 

M/Lopez, S/Meeth to deny issuing the Special Event Permit.

 

Lopez stated that he had four issues that caused him not to support the application.

ü      The application has not been complete.

ü      Two other events have already been scheduled. 

ü      He is concerned about the number of people that might come to this Town.

ü      The length of the events, 10 days, is too long. 

Lopez felt that approving the permit violates some of Cave Creek’s Ordinances and he doesn’t want to set a precedent.

 

Whitmore commented that restaurants do not make money from bikers on liquor.  He commented on a recent event at the Satisfied Frog that had massive advertising.  The newspapers have been writing about this rally and providing free advertising.  If Council doesn’t approve this, the event will still happen.  The two events can work things out.

 

Meeth stated that it is fine to come to Town and leave in the evening.  Cave Creek has no place to stay at night and there are no camping facilities.

 

Mozilo focused on the Ordinance.  There is an issue of liability insurance. Other special events promoters provide the Certificate of Insurance.  It is a requirement.  There are many violations.

 

ü      This is an event that goes beyond 3 days.

ü      There are two 3-day events in the same calendar year.

ü      The application was incomplete.

ü      There is more than one event going on.

 

This issue is strictly the Ordinance, not that Cave Creek needs to get along.  We need to enforce the Ordinance.  If the applicant picked a different weekend and complied with the Ordinance he wouldn’t have a problem.

 

Francia echoed Mozilo’s statement.  He wished the applicant had come to Council sooner before embarking on the extensive advertising campaign such as the Internet.  Fear and anger are not a good mix for the community.  He hoped the promoter would work with the Town to keep it safe if Council would vote to deny, since they will come anyway.

 

M/C to deny the permit 5-1-1 by roll call vote with Flickinger abstaining and Whitmore voting nay.

 

Council recessed at 9:37 p.m.

Council reconvened at 9:49 p.m.

 

3.      Approval of Resolution No. R2002-07 Authorizing the Mayor to Execute an Intergovernmental Agreement for Improvements to the Intersection of 56th Street and Carefree Highway

 

This is a request for the Council to approve a resolution that authorizes the Mayor to execute an Intergovernmental Agreement between the Town of Cave Creek, Maricopa County, the Town of Carefree and the Cave Creek Unified School District for improvements to the intersection of 56th Street and Carefree Highway.

 

Wayne Anderson, Town Engineer presented the request.  He noted that there are some corrections to the IGA.  Participation by the Cave Creek Unified School District should be 10%.  Scottsdale is a 25% partner, with a separate IGA with Maricopa County.

 

Anderson responded to Whitmore that the County would not begin construction until all parties have signed the IGA.

 

PUBLIC COMMENT   None

 

COUNCIL COMMENTS

 

M/Mozilo, S/Lopez to approve Resolution No. R2002-07.

 

Mozilo read the Title for the record.

 

RESOLUTION NO. R2002-07

 

A Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, Authorizing the Mayor to Execute on Behalf of the Town that certain Intergovernmental Agreement between the Town of Cave Creek, Maricopa County, the Town of Carefree and the Cave Creek Unified School District for Improvements to the Intersection of 56th Street and Carefree Highway.

 

Francia thanked all parties involved in putting this Resolution together.  It will certainly improve the safety at that intersection.  He especially thanked the Town of Carefree for their participation of  $70,000 since they have very little jurisdiction at that intersection.

 

M/C 7-0 by voice vote.

 

MAYOR COMMENTS

 

Francia thanked the Council for their time this evening and gave a reminder of the Planning and Zoning meeting to begin review of the General Plan on Thursday, March 7 at Good Shepherd Church at 6:00 p.m.

 

M/C to adjourn at 9:38 p.m.

 

 

 

 


SUBMITTED BY:                                                       APPROVED BY:

 

 

__________________________________                ____________________________________

Carrie A. Dyrek                                                         Vincent Francia

Town Clerk                                                                  Mayor

 

CERTIFICATION

 

I hereby certify that the foregoing minutes are a true and correct copy of the Minutes of the Regular Session of the Town Council of Cave Creek held on the 4th day of March 2002.  I further certify that the meeting was duly called and held and that a quorum was present.

 

                                                            Dated this __________ day of  __________________ 2002

 

 

SEAL                                                   ________________________________________________

                                                                        Carrie A. Dyrek, Town Clerk