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.
PAGE#
ITEM#
P.1
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.
P.2
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.
PAGE# ITEM#
ALL ZONING MATTERS LISTED BELOW WILL BE DISCUSSED AFTER
7:00 P.M.
P.17
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.
PAGE# ITEM#
P.18
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.
P.27
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.
PAGE# ITEM#
P.48
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.
P.62
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.
PAGE# ITEM#
P. 76
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.
P.94
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.
PAGE# ITEM#
P.96
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.
P.119
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.
PAGE# ITEM#
P.128
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.
P.140
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.
PAGE# ITEM#
P.145
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.
P.153
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.
PAGE# ITEM#
P.165
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.
P.170
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