AMENDED 12/04/03
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
SPECIAL TOWN COUNCIL MEETING
TOWN OF CAVE CREEK, ARIZONA
MONDAY, DECEMBER 8, 2003
CALL TO ORDER 7:00 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.
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. Mayor
Francia will give an update on the MAG Aviation Committee activities.
2. Mayor
Francia will report on a recent meeting with officials from the Town of
Carefree and Maricopa County regarding Black Mountain.
ACTION ITEMS
I. CONSENT AGENDA
A.
Approval of the November 3, 2003 Regular Council
Meeting minutes.
B.
Reappoint Sandy Nygaard to a five-year term on the
Building Board of Appeals beginning January 1, 2004 through December 31, 2008.
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. PUBLIC
HEARING AND POSSIBLE FIRST READING OF ORDINANCE O2003-17 AMENDING THE TOWN CODE TITLE XV LAND USAGE,
CHAPTER 151 BUILDING REGULATIONS BY ADOPTING A NEW SECTION 151.40 DEVELOPMENT
FEES; ESTABLISHING AN EFFECTIVE DATE; AND PROVIDING FOR REPEAL AND SEVERABILITY.
Placed on the agenda by the
Planning Department, Town of Cave Creek.
Public
Comment
Council
Action Needed:Following
the Public Hearing, motion to approve or deny approval of First Reading of
Ordinance O2003-17.
Narrative:
ARS 9-463.05 requires a Public Hearing before any increase or decrease
to a new or existing development fee. Discussion and possible action on the 1st
reading of Ordinance No. O2003-17 increasing existing fees and adopting two(2)
new fees (water and recreation). Council will set the level of service and
amount of each fee.
PAGE# ITEM#
P.50
2. PUBLIC HEARING AND CONSIDERATION OF
APPROVAL OF AN EXCEPTION TO THE SUBDIVISION ORDINANCE REQUIREMENTS (CASE
P-01-03)
Applicant: GTNN,
Inc.
Location: East of
72nd Street and north of Continental Mountain Drive
Request: The
request is that the subdivision be exempt from off-site road improvement
requirements.
Zoning: Desert
Rural (D-5A) zoning district
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 exception to the Subdivision Ordinance; Case
P-01-03; Continental Mountain Estates.
Narrative: The exception request
procedure is established as a part of the Preliminary Plat and Final Plat
process in Article 2 - Amendment, Appeals, Exceptions, Re-subdivision, Section
3 – Exceptions, of the Town of Cave Creek Subdivision Ordinance.
Per the Subdivision
Ordinance, an exception request shall be considered when “there exist
extraordinary conditions of topography, land ownership or adjacent development,
or other circumstances not provided for in the subdivision regulations.”
The Subdivision
Ordinance additionally states “that a preliminary or final plat application
which includes or is the subject of an exception request shall not be
considered by the Town Council until all exception requests have been either
approved or denied.” Further, “a
separate vote shall be taken for each exception by the Commission and Council. No exception shall be allowed or vest without
such a vote.”
The applicant, GTNN,
Inc., is at this time requesting approval of one (1) exception from the Town of
Cave Creek Subdivision Ordinance requirements as they relate to the Continental
Mountain Estates Subdivision.
PAGE# ITEM#
P.53
3. DISCUSSION
AND SECOND READING OF ORDINANCE O2003-16 AMENDING THE TOWN CODE, TITLE V,
PUBLIC WORKS, CHAPTER 50, SEWERS; GENERAL PROVISION IS AMENDED BY ADDING A NEW
SECTION 50.016 WASTEWATER REPAYMENT PROVISION.
Placed on the agenda by the
Town Attorney, Town of Cave Creek.
Public
Comment
Council
Action Needed: Motion to approve or deny giving Second Reading to
Ordinance O2003-16.
Narrative: This is a request for Council to have discussion and give
Second Reading to an ordinance that would add a new section in the Town Code
adding the Wastewater Repayment Provision. This addition to the Town
Code will allow for the extension of sewer lines past vacant property to a new
development and allow the party who pays for the expansion to get a payback if
the vacant property develops in a 10 year period following the extension. All
work and costs would be approved and inspected by the Engineering Department.
This amendment merely establishes the rights of the Town to consider such
agreements.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS day of December, 2003
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk