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                        AMENDED  9/13/02

 

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, SEPTEMBER 16, 2002

 

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.

 

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.

 

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 Town Marshal Adam Stein regarding his activities for the Town of Cave Creek.

 

ACTION ITEMS

I.            CONSENT AGENDA

A.Approval of August 19, 2002 Regular Council Meeting Minutes.

Approval of August 26, 2002 Special Council Meeting Minutes.

 

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 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.

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1.            DISCUSSION AND POSSIBLE ACTION TO HIRE CH2MHILL ENGINEERING FIRM TO CONDUCT A FINANCIAL AND INFRASTRUCTURE EVALUATION FOR THE PURCHASE OF THE CAVE CREEK WATER COMPANY AT A COST NOT TO EXCEED $60,000.

 

            Placed on the agenda by Town Administration, Town of Cave Creek

 

            This is a request for Council to consider hiring CH2MHill Engineering firm to conduct a financial and infrastructure evaluation for the purchase of the Cave Creek Water Company at a cost not to exceed $60,000.

 

Public Comment

Council Action Needed:            Motion to approve or deny hiring the engineering firm CH2MHill not to exceed $60,000.

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2.PUBLIC HEARING AND APPROVAL OF RESOLUTION R2002-25 GIVING NOTIFICATION TO MARICOPA COUNTY BOARD OF SUPERVISORS INDICATING THE TOWN DESIRES TO BECOME A PART OF THE COUNTY FREE LIBRARY DISTRICT AND APPROVAL OF RESOLUTION R2002-26 AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN AND MARICOPA COUNTY FOR THE PROVISION OF CERTAIN LIBRARY SERVICES AND REIMBURSEMENTS (This item is continued from the August 19, 2002 Regular Town Council Meeting.)

 

Placed on the agenda at the request of Staff on behalf of the Desert Foothills Library Association Board of Directors

 

This is a request from the Board of the Desert Foothills Library Association that the Town takes the necessary action to become a part of the Maricopa County Library District. Council must formally notify the County Board of Supervisors that the Town desires to become a member of the Library District and must also approve an Intergovernmental Agreement between the Town and Maricopa County for certain library services and reimbursements. The IGA will allow the Desert Foothills Library, acting as the Town Library, to participate in the County’s Reciprocal Borrowing Program.

 

 

Public Hearing

Council Action Needed:1) Following the Public Hearing, motion to approve or deny approval of Resolution R2002-25.

2) Motion to approve or deny approval of Resolution R2002-26.

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ALL ZONING MATTERS LISTED BELOW WILL BE DISCUSSED AFTER 7:00 P.M.

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3.            PUBLIC HEARING AND APPROVAL OF PRELIMINARY PLAT FOR ECHO CANYON ESTATES (CASE #P-01-05)

 

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

 

This is a request for Council to hold a Public Hearing, then approve or deny a Preliminary Plat for Echo Canyon Estates. (Staff recommends this item be continued to a future Council Meeting.)

 

Case Number:  P-01-05 Preliminary Plat for Echo Canyon Estates

Applicant:            Axxis International Management Group, LLC

Owner:            Peter Knuebel

Parcel #:            216-14-003A

Location:            Northeast Corner Echo Canyon Drive and Highland Road

Request:            Preliminary Plat Approval for an 8-lot subdivision on approximately 20 acres in Desert Rural (D-2.5A) zoning district.

 

 

4.            RECONSIDERATION OF COUNCIL’S DECISION ON SEPTEMBER 3, 2002 DENYING FIRST 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 OF NOVEMBER 1, 2002

 

Placed on the agenda by the Town Council, Town of Cave Creek.

 

The Council will decide whether to reconsider the denial of Ordinance O2002-12.  If a majority of the Council present votes in favor of reconsideration, the actual hearing on the reconsideration will be scheduled for a future meeting, in order to allow for the statutory notice to be provided.

 

Public Comment

Council Action Needed:            Motion to reconsider the Council’s decision made on September 3, 2002 denying First 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 of November 1, 2002.

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5.            PUBLIC HEARING AND FIRST 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 OF NOVEMBER 1, 2002 (This item is continued from the September 3, 2002 Regular Council Meeting.)

 

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

 

This is a request for the Council to hold a public hearing, then give First Reading to an ordinance that would adopt Chapter Four, 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 O2002-10.

 

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6.            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 OF NOVEMBER 1, 2002

 

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.

 

 

 

 

 

 

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7.            SECOND READING OF ORDINANCE O2002-13 ADOPTING CHAPTER 7, COMMERCIAL ZONING DISTRICTS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 1, 2002

 

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 Seven, Commercial Zoning Districts of the Zoning Ordinance.

 

Public Comment

Council Action Needed:            Motion to approve or deny giving second reading to Ordinance O2002-13.

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8.            SECOND 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 OF NOVEMBER 1, 2002

 

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 9, Overlay Zoning Districts of the Zoning Ordinance by reference.

 

Public Comment

Council Action Needed:            Motion to approve or deny giving second reading to Ordinance O2002-17.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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9.            SECOND 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 OF NOVEMBER 1, 2002

 

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 10, General Provisions of the Zoning Ordinance by reference.

 

Public Comment

Council Action Needed:            Motion to approve or deny giving second reading to Ordinance O2002-18.

 

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10.APPROVAL OF RESOLUTION R2002-30 DECLARING THOSE CERTAIN DOCUMENTS FILED WITH THE TOWN CLERK AND ENTITLED “TOWN OF CAVE CREEK ZONING ORDINANCE, CHAPTER 11 HILLSIDE AND WASH DEVELOPMENT REGULATIONS, CHAPTER 13 PARKING PROVISIONS, CHAPTER 16 WIRELESS COMMUNICATIONS, CHAPTER 17 NON-CONFORMING USES, CHAPTER 18 HOME OCCUPATIONS, CHAPTER 19 SPECIAL EVENTS, CHAPTER 20 DESIGN GUIDELINES AND PRINCIPLES AND APPENDIX 'A'” AS A PUBLIC RECORD PURSUANT TO A.R.S. §9-801

 

            This is a request to approve a resolution that declares entitled “Town of Cave Creek Zoning Ordinance, Chapter 11 Hillside and Wash Development Regulations, Chapter 13 Parking Provisions, Chapter 16 Wireless Communications, Chapter 17 Non-Conforming Uses, Chapter 18 Home Occupations, Chapter 19 Special Events, Chapter 20 Design Guidelines and Principles and Appendix 'A' as a public record pursuant to A.R.S. §9-801.

 

Public Comment

                        Council Action Needed:            Motion to approve or deny approval of Resolution R2002-30.

 

 

 

 

 

 

 

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11.            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 OF NOVEMBER 1, 2002

 

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.

 

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12.            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 OF NOVEMBER 1, 2002

 

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.

 

 

 

 

 

 

 

 

 

 

 

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13.            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 OF NOVEMBER 1, 2002

 

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 by reference.

 

Public Hearing

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

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14.            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 OF NOVEMBER 1, 2002

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

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15.            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 OF NOVEMBER 1, 2002

 

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.

 

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16.            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 OF NOVEMBER 1, 2002

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

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17.            PUBLIC HEARING AND FIRST READING OF ORDINANCE O2002-33 ADOPTING CHAPTER 20, DESIGN GUIDELINES AND PRINCIPLES OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 1, 2002

 

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 20, Design Guidelines and Principles 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 O2002-33.

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18.            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 OF NOVEMBER 1, 2002

 

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.

 

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

 

POSTED THIS               day of September, 2002

 

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk