AMENDED                        6/26/02

 

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, JULY 1, 2002

 

 

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 PM.  Vincent Francia, Mayor, 37622 N. Cave Creek Road, Cave Creek, AZ.

 

ROLL CALL   Mayor Vincent Francia, Vice-Mayor Ralph Mozilo, Council Members Bruce Flickinger, Gilbert Lopez, Grace Meeth, Shea Stanfield, Jerry Whitmore.

 

EXECUTIVE SESSION: An Executive Session will be held during the Special 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 for legal advice and to consider the Town’s position and instruct its attorneys concerning pending litigation in the following lawsuit: Canyon State Equipment, LLC v. Town of Cave Creek, CV2001-005595 and Sparks v. Town, CV2001-005732 (consolidated). The discussion may include the current status of the pending appeal, a report on a court-ordered Mediation Conference, and terms of a possible settlement of one or more of the matters at issue in the litigation. 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

 

 

 

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.

 

1.      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.      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.

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

 

ACTION ITEMS

 

I.            CONSENT AGENDA

Minutes of the May 20, 2002 Regular Council Meeting.

Minutes of the June 3, 2002 Regular Council Meeting.

Minutes of the June 10, 2002 Special Work Session.

 

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 ARequest 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#

 

1.            COUNCIL DISCUSSION OF SETTLEMENT OPTIONS AND POSSIBLE ACTION TO DIRECT THE TOWN’S ATTORNEYS TO TAKE THE STEPS NECESSARY TO CONCLUDE SETTLEMENTOF LITIGATION PENDING IN: SPARKS V. TOWN OF CAVE CREEK AND CANYON STATE EQUIPMENT, LLC V. TOWN (COMBINED), OR, ALTERNATIVELY, TO INSTRUCT COUNSEL TO REJECT THE AVAILABLE SETTLEMENT OPTIONS AND TO PURSUE THE PENDING APPEAL AND DEFENSE OF THE PENDING SUPERIOR COURT LITIGATION.

 

            Public Comment

            Council Action Needed:            Council action as deemed appropriate.

PAGE# ITEM#

P.1

2.            APPROVAL OF SECOND READING OF ORDINANCE O2002-10 ADOPTING CHAPTER 4, ZONING DISTRICTS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to give Second Reading to an ordinance that would adopt Chapter Four, Zoning Districts of the Zoning Ordinance by reference.

 

Public Comment

Council Action Needed:            Motion to approve or deny giving second reading to Ordinance O2002-10.

 

 

P.7

3.            APPROVAL OF SECOND READING OF ORDINANCE O2002-11 ADOPTING CHAPTER 5, SINGLE RESIDENCE ZONING DISTRICTS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to give Second Reading to an ordinance that would adopt Chapter Five, Single Residence Zoning Districts of the Zoning Ordinance by reference.

 

Public Comment

Council Action Needed:            Motion to approve or deny giving second reading to Ordinance O2002-11.

 

 

 

 

 

 

 

 

 

 

 

 

 

PAGE# ITEM#

P.18

4.            APPROVAL OF SECOND READING OF ORDINANCE O2002-12 ADOPTING CHAPTER 6, MULTIPLE RESIDENCE ZONING DISTRICTS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to give Second Reading to an ordinance that would adopt Chapter Six, Multiple Residence Zoning Districts of the Zoning Ordinance by reference.

 

Public Comment

Council Action Needed: Motion to approve or deny giving second reading to Ordinance O2002-12.

 

P.25

5.            APPROVAL OF SECOND READING OF ORDINANCE O2002-14 ADOPTING CHAPTER 8, OPEN SPACE ZONING DISTRICTS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to give Second Reading to an ordinance that would adopt Chapter Eight, Open Space Zoning Districts of the Zoning Ordinance by reference.

 

Public Comment

Council Action Needed: Motion to approve or deny giving second reading to Ordinance O2002-14.

 

 

 

 

 

 

 

 

 

 

 

 

PAGE# ITEM#

P.31

6. APPROVAL OF RESOLUTION NO. R2002-20 DECLARING CHAPTER 9, OVERLAY ZONING DISTRICT; CHAPTER 10, GENERAL PROVISIONS; CHAPTER 11, HILLSIDE AND WASH DEVELOPMENT REGULATIONS; CHAPTER 12, NATIVE PLANT PRESERVATION, SALVAGE, AND LANDSCAPE REGULATIONS; CHAPTER 13, PARKING PROVISIONS; CHAPTER 14, OUTDOOR LIGHTING PROVISIONS; CHAPTER 15, SIGN REGULATIONS; CHAPTER 16, WIRELESS COMMUNICATIONS; CHAPTER 17, NON-CONFORMING USES; CHAPTER 18, HOME OCCUPATIONS; CHAPTER 19, SPECIAL EVENTS; AND APPENDIX ‘A’, DEFINITIONS OF THE ZONING ORDINANCE A PUBLIC RECORD

 

                        Placed on the agenda by the Planning Department of the Town of Cave Creek.

 

This is a request for Council to approve a resolution that would declare Chapter 9, Overlay Zoning District; Chapter 10, General Provisions; Chapter 11, Hillside and Wash Development Regulations; Chapter 12, Native Plant Preservation, Salvage, and Landscape Regulations; Chapter 13, Parking Provisions; Chapter 14, Outdoor Lighting Provisions; Chapter 15, Sign Regulations; Chapter 16, Wireless Communications; Chapter 17, Non-Conforming Uses; Chapter 18, Home Occupations; Chapter 19, Special Events; and Appendix ‘A’, Definitions of the Zoning Ordinance a public record, three copies of which are on file in the Town Clerk’s Office.

 

                        Public Comment

Council Action Needed: Motion to approve or deny approval of resolution R2002-20.

 

P.33

7.            PUBLIC HEARING AND FIRST READING OF ORDINANCE O2002-17 ADOPTING CHAPTER 9, OVERLAY ZONING DISTRICTS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to hold a public hearing and give First Reading to an ordinance that would adopt Chapter 9, Overlay Zoning Districts of the Zoning Ordinance by reference.

 

Public Hearing

Council Action Needed:            Following the Public Hearing, motion to approve or deny giving first reading to Ordinance O2002-17.

 

PAGE# ITEM#

P.72

8.            PUBLIC HEARING AND FIRST READING OF ORDINANCE O2002-18 ADOPTING CHAPTER 10, GENERAL PROVISIONS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to hold a public hearing and give First Reading to an ordinance that would adopt Chapter 10, General Provisions of the Zoning Ordinance by reference.

 

Public Hearing

Council Action Needed:            Following the Public Hearing, motion to approve or deny giving first reading to Ordinance O2002-18.

 

 

P.87

9.            PUBLIC HEARING AND FIRST READING OF ORDINANCE O2002-19 ADOPTING CHAPTER 11, HILLSIDE AND WASH DEVELOPMENT REGULATIONS, OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to hold a public hearing and give First Reading to an ordinance that would adopt Chapter 11, Hillside and Wash Development Regulations of the Zoning Ordinance by reference.

 

Public Hearing

Council Action Needed:            Following the Public Hearing, motion to approve or deny giving first reading to Ordinance O2002-19.

 

 

 

 

 

 

 

 

 

 

 

PAGE# ITEM#

P.105

10.            PUBLIC HEARING AND FIRST READING OF ORDINANCE O2002-20 ADOPTING CHAPTER 12, NATIVE PLANT PRESERVATION, SALVAGE AND LANDSCAPE REGULATIONS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to hold a public hearing and give First Reading to an ordinance that would adopt Chapter 12, Native Plant Preservation, Salvage, and Landscape Regulations of the Zoning Ordinance by reference.

 

Public Hearing

Council Action Needed:            Following the Public Hearing, motion to approve or deny giving first reading to Ordinance O2002-20.

 

 

P.108

11.            PUBLIC HEARING AND FIRST READING OF ORDINANCE O2002-21 ADOPTING CHAPTER 13, PARKING PROVISIONS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to hold a public hearing and give First Reading to an ordinance that would adopt Chapter 13, Parking Provisions of the Zoning Ordinance by reference.

 

Public Hearing

Council Action Needed: Following the Public Hearing, motion to approve or deny giving first reading to Ordinance O2002-21.

 

 

 

 

 

 

 

 

 

 

 

PAGE# ITEM#

P.117

12.            PUBLIC HEARING AND FIRST READING OF ORDINANCE O2002-22 ADOPTING CHAPTER 14,OUTDOOR LIGHTING PROVISIONS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to hold a public hearing and give First Reading to an ordinance that would adopt Chapter 14, Outdoor Lighting Provisions of the Zoning Ordinance by reference.

 

Public Hearing

Council Action Needed: Following the Public Hearing, motion to approve or deny giving first reading to Ordinance O2002-22.

 

P.129

13.            PUBLIC HEARING AND FIRST READING OF ORDINANCE O2002-23 ADOPTING CHAPTER 15,SIGN REGULATIONS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to hold a public hearing and give First Reading to an ordinance that would adopt Chapter 15, Sign Regulations of the Zoning Ordinance by reference.

 

Public Hearing

Council Action Needed: Following the Public Hearing, motion to approve or deny giving first reading to Ordinance O2002-23.

 

 

 

 

 

 

 

 

 

 

 

 

 

PAGE# ITEM#

P.151

14.            PUBLIC HEARING AND FIRST READING OF ORDINANCE O2002-24 ADOPTING CHAPTER 16, WIRELESS COMMUNICATIONS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to hold a public hearing and give First Reading to an ordinance that would adopt Chapter 16, Wireless Communications of the Zoning Ordinance.

 

Public Hearing

Council Action Needed:            Following the Public Hearing, motion to approve or deny giving first reading to Ordinance O2002-24.

 

 

P.154

15.            PUBLIC HEARING AND FIRST READING OF ORDINANCE O2002-25 ADOPTING CHAPTER 17, NON-CONFORMING USES OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to hold a public hearing and give First Reading to an ordinance that would adopt Chapter 17, Non-Conforming Uses of the Zoning Ordinance by reference.

 

Public Hearing

Council Action Needed:            Following the Public Hearing, motion to approve or deny giving first reading to Ordinance O2002-25.

 

 

 

 

 

 

 

 

 

 

 

 

P.157

16.            PUBLIC HEARING AND FIRST READING OF ORDINANCE O2002-26 ADOPTING APPENDIX ‘A’ - DEFINITIONS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to hold a public hearing and give First Reading to an ordinance that would adopt Appendix ‘A’ - Definitions of the Zoning Ordinance by reference.

 

Public Hearing

Council Action Needed:            Following the Public Hearing, motion to approve or deny giving first reading to Ordinance O2002-26.

 

 

 

P.160

17.            PUBLIC HEARING AND FIRST READING OF ORDINANCE O2002-29 ADOPTING CHAPTER 18, HOME OCCUPATIONS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to hold a public hearing and give First Reading to an ordinance that would adopt Chapter 18, Home Occupations of the Zoning Ordinance by reference.

 

Public Hearing

Council Action Needed:            Following the Public Hearing, motion to approve or deny giving first reading to Ordinance O2002-29.

 

 

 

 

 

 

 

 

 

 

 

 

PAGE# ITEM#

P.163

18.            PUBLIC HEARING AND FIRST READING OF ORDINANCE O2002-30 ADOPTING CHAPTER 19, SPECIAL EVENTS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to hold a public hearing and give First Reading to an ordinance that would adopt Chapter 19, Special Events of the Zoning Ordinance by reference.

 

Public Hearing

Council Action Needed:            Following the Public Hearing, motion to approve or deny giving first reading to Ordinance O2002-30.

 

 

P.166

19.            APPROVAL OF FIRST READING OF ORDINANCE O2002-28 AMENDING TITLE XI, BUSINESS REGULATIONS, CHAPTER 111, PEDDLERS AND SOLICITORS, OF THE TOWN OF CAVE CREEK TOWN CODE

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to give First Reading to an ordinance that would amend Title XI, Business Regulations, Chapter 111, Peddlers and Solicitors by adding a section relating to Business Licenses.

 

Public Comment

Council Action Needed:            Motion to approve or deny giving first reading to Ordinance O2002-28.

 

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

 

POSTED THIS               day of June, 2002

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk