12/30/03

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, JANUARY 5, 2004

 

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) (1).

 

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)(1) as follows:

                                   

EXECUTIVE SESSION AGENDA

1.      Discussion regarding the Town Manager’s contract of employment and compensation for elected officials.

                        A.R.S. Section 38-431.03(A)(1)

 

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.

 

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.

 

There are no reports scheduled for this meeting.

 

ACTION ITEMS

I.            CONSENT AGENDA

A.                 Approval of the December 8, 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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1.         DISCUSSION AND POSSIBLE FIRST READING OF ORDINANCE O2004-01 AMENDING THE CAVE CREEK TOWN CODE TITLE XV LAND USAGE, CHAPTER 151 BUILDING REGULATIONS BY ADDING NEW SECTION 151.41 PURPOSE AND INTENT; 151.42 DEFINITIONS; 151.43 GENERAL PROVISIONS; 151.44 PROCEDURES FOR IMPOSITION, CALCULATION AND COLLECTION OF DEVELOPMENT FEES, AND REFUNDS; 151.46 APPEALS AND 151.47 EXEMPTIONS AND WAIVERS; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE

 

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

                        Public Comment

 

Council Action Needed:            Motion to approve or deny approval of First Reading of Ordinance O2004-01.

Narrative: The Cave Creek Town Council adopted Ordinance O2003-17 on December 22, 2003 setting the development fees for the Town of Cave Creek. This ordinance incorporates into the Town Code the definitions, purpose and intent and procedures for collecting and/or refunding those development fees. It also provides for a method of appeals, exemptions and waivers, provides for conflicts and severability and provides for an effective date.

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2.         DISCUSSION AND ADOPTION OF RESOLUTION R2004-01 AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR MULTI-JURISDICTIONAL BUILDING PLAN REVIEW SERVICES.

 

Placed on the agenda by the Building Official, Town of Cave Creek.

 

Public Comment

Council Action Needed:Motion to approve or deny approval of Resolution R2004-01.

Narrative:   This is a recommendation for entering into an intergovernmental agreement between the towns of Cave Creek and Gilbert and the cities of Goodyear, Litchfield Park, Peoria and Surprise regarding multi-jurisdictional building plan review services.

 

The Council previously voted on August 5, 2002, to enter into a one-year intergovernmental agreement (IGA) for multi-jurisdictional building plan review services.  That agreement has since expired on June 30, 2003.  This is an extension of that original agreement. That IGA sets up a system where each jurisdiction will be able to recognize the building safety plan reviews done on single-family homes by another jurisdiction’s building safety department. One significant outcome of such an IGA is that each jurisdiction must have adopted the same building safety codes.  This shows uniformity and consistency in adoption as well as demonstrating that all the participating jurisdictions have the most comprehensive and current codes. Since the original agreement was entered into, the only local builder that was a potential beneficiary to the IGA has decided not to build any more in Cave Creek.  As a result, the only purpose in entering into a new version of the IGA is to show our town’s desire to participate in valley wide issues in a cooperative manner.

 

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3.         PUBLIC HEARING AND FIRST READING OF ORDINANCE O2004-03 AMENDING THE CAVE CREEK ZONING ORDINANCE, CHAPTER 6, NON-CONFORMING USES. (CASE A-03-01)

 

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 to give First Reading to Ordinance O2004-03.

Narrative:            This is a request for Council to consider amending the Cave Creek Zoning Ordinance, Chapter 6, Non-Conforming Uses, to include a mathematical equation, which would be used to establish the maximum lot coverage for those lots determined to have legal non-conforming status due to lot size.  This process would apply to legal non-conforming lots located within the Desert Rural, Mountain Preservation and Single-Family Residential Zoning Districts.(Case A-03-01 – Northcott Amendment)

 

 

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

 

POSTED THIS          day of December, 2003

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk