9/26/03

 

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, OCTOBER 6, 2003

 

 

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 (7).

 

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 Gilbert Lopez, Grace Meeth, Terry Smith, Shea Stanfield, Jay Williams.

 

EXECUTIVE SESSION: 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 (7) as follows:

                                   

EXECUTIVE SESSION AGENDA

            Advice and consultation with the Town’s Attorneys in order to obtain legal advice from its attorney and in order to consider the Town’s position and instruct its attorneys regarding contemplated and/or pending litigation.

           

1.      Discussion and legal advice from the Town Attorney regarding acquisition of real property.

                        A.R.S. Section 38-431.03(A)(3) and (7)

 

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.

 

PRESENTATION – A representative from the Environmental Protection Agency (EPA) will present grant funds to the Town of Cave Creek awarded for the environmental clean-up of the Phoenix Mine Site.

 

PROCLAMATION – The Mayor will proclaim October 20-26, 2003 as Arizona Cities & Towns Week 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.         Report by Mayor Francia on the MAG Transportation Plan.

2.         Report by Adam Stein, Town Marshal regarding Maricopa County Posse activities.

 

 

ACTION ITEMS

 

I.            CONSENT AGENDA

 

Approval of the September 2, 2003 Regular Council Meeting minutes.

Approval of the September 15, 2003 Regular 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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P.1

1.         DISCUSSION AND POSSIBLE ACTION ON THE SECOND READING ADOPTING ORDINANCE O2003-07 AMENDING THE TOWN CODE CHAPTER 154, ZONING BY DELETING SECTIONS 154.001 THROUGH 154.218 AND APPENDICES A, B, C AND D; AND ADOPTING A NEW SECTION 154.10 ENTITLED ADOPTION OF ZONING ORDINANCE

 

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

 

Public Comment

Council Action Needed:            Motion to approve or deny Second Reading of Ordinance O2003-07.

 

Narrative:            This is a request for Council to have discussion and give consideration to Second Reading of an ordinance that would remove the existing zoning ordinance language out of the Town Code due to the fact that a newly formatted Zoning Ordinance exists as a separate document from the Town Code. The newly formatted ordinance combines the zoning ordinances

that took effect on January 6, 2003 with the existing language in the zoning ordinances in a separate document on file at the Town Hall of the Town of Cave Creek.

 

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2.         DISCUSSION AND POSSIBLE ACTION ON THE SECOND READING ADOPTING ORDINANCE O2003-08 AUTHORIZING THE TOWN CLERK AND ZONING ADMINISTRATOR TO REVISE THE ALPHA NUMERIC PORTION OF THE SUBDIVISION ORDINANCE FOR CONSISTENCY AND CORRECT FOR CONSISTENCY ALL SPELLING AND GRAMMATICAL ERRORS

 

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

 

Public Comment

Council Action Needed:Motion to approve or deny Second Reading of Ordinance O2003-08.

 

Narrative:  This is a request for Council discussion and consideration of Second Reading of an ordinance that would allow the Zoning Administrator and Town Clerk to revise the alpha- numeric portion of the Subdivision Ordinance for consistency and correct spelling and grammatical errors. No change in grammar shall change the meaning of the ordinance. 

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3.         DISCUSSION AND ADOPTION OF A DEVELOPMENT FEE REPORT.

 

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

 

Public Comment

Council Action Needed:            Motion to approve or deny approval of the Development Fee Report.

 

Narrative: This is a request for Council discussion and adoption of the Development Fee Report. A.R.S. 9-463.05C provides that a town wishing to consider an increase to existing development fees must give sixty (60) days advance notice of their intention and release to the public a written report including all documentation that supports the increased fees.  This agenda item is for the adoption of the report from our consultants Tischler & Associates. A public hearing will be scheduled for the second November Council Meeting to be held on November 17, 2003 and staff will prepare an Ordinance for first reading at a Special Council Meeting to be held on Monday, December 8, 2003 with second reading and adoption scheduled for Monday, December 15, 2003.  The Council will determine the exact amount of the fees when it considers the Ordinance in December and any increase will go into effect on Wednesday, March 17, 2004. Copies of the Tischler report are available for reading and/or purchase at Town Hall during normal business hours. The cost for a copy of the report is $5.00.

 

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4.         DISCUSSION AND AUTHORIZATION TO EXPEND FUNDS FOR REBUILD OF THE ROAD GRADER

 

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

                       

                        Public Comment

Council Action Needed:            Motion to approve or deny authorization to expend funds in an amount not to exceed $45,000 for rebuild of the Road Grader.

 

Narrative: This is a request for Town Council to approve expending funds to rebuild the mechanical and hydraulic systems on the Town’s CAT 140G Road Grader. The grader is in good running condition, but needs work on the mechanical and hydraulic systems to restore it to good working condition. Funds to rebuild the Road Grader are included in this Fiscal Year’s budget.

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

 

POSTED THIS          day of September, 2003

BY: ___________________________________                                                           

Carrie A. Dyrek, Town Clerk