3/08/04
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, MARCH 15, 2004
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.
PROCLAMATION
– The Mayor will proclaim the month of April as Child Abuse Prevention Month 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.
There are no reports scheduled for this meeting.
ACTION ITEMS
I.
CONSENT AGENDA
A.
Approval of the February 17, 2004 Regular Council
Meeting minutes.
B.
Approval of the February 23, 2004 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 ON A MOTION FOR
RECONSIDERATION OF ORDINANCE O2004-03 AMENDING THE CAVE CREEK ZONING
ORDINANCE, CHAPTER 6, NON-CONFORMING USES AT A FUTURE COUNCIL MEETING AGENDA.
(CASE A-03-01)
Request for reconsideration
by Councilman Lopez, Town of Cave Creek.
Public
Comment
Council
Action Needed: Motion to reconsider placing Ordinance O2004-03;
case A-03-01 on a future Council Meeting Agenda.
Narrative: This is a request by Councilman Lopez for Council to
re- consider whether Council wishes to place Ordinance No. O2004-03 on a future
agenda for discussion and possible action.
Ordinance O2004-03 would amend 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). Councilman Lopez voted on the
prevailing side to deny First Reading of Ordinance O2004-03 at the January 5,
2004 Town Council meeting.
P.2
2. APPROVAL
OF THE TOWN MANAGER CONTRACT
Placed on
the agenda by the Town Attorney, Town of Cave Creek.
Public
Comment
Council
Action Needed: Motion to approve Town Manager’s contract.
Narrative: This is a request for Council to consider approval
of the Town Manager’s contract.
PAGE# ITEM#
P.23
3. DISCUSSION AND POSSIBLE FIRST READING
OF ORDINANCE O2004-17 AMENDING THE CAVE CREEK TOWN CODE TITLE XV LAND USAGE,
CHAPTER 151 BUILDING REGULATIONS BY AMENDING SECTION 151.42 DEFINITIONS, (K)
DWELLING UNIT; BY INSERTING A NEW DEFINITION FOR SINGLE-FAMILY ATTACHED;
PROVIDING FOR CONFLICT AND PROVIDING SEVERABILITY.
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 O2004-17.
Narrative: This
ordinance clarifies the definition for single-family dwelling units attached to
another such dwelling unit.
P.26
4. FIRST
READING OF ORDINANCE NO. O2004-16
AMENDING TITLE XI, BUSINESS REGULATIONS, CHAPTER 111 PEDDLERS AND SOLICITORS OF
THE CAVE CREEK TOWN CODE TO INCLUDE BUSINESS LICENSES
Placed on the agenda by the
Town Administration, Town of Cave Creek.
Public
Comment
Council
Action Needed: Motion to give First Reading to Ordinance No.
O2004-16.
Narrative: This is a request for Council to amend the Town Code
to provide for Business Licenses in the Town of Cave Creek.
PAGE# ITEM#
P.36
5. RENEWAL OF OFF-TRACK WAGERING LICENSE
Placed on the agenda by the Town
Administration, Town of Cave Creek.
Public
Comment
Council
Action Needed: Motion to approve or deny a renewal of off track
wagering license requested by Yavapai County Fair Association dba as Yavapai
Downs at Prescott Valley at The Satisfied Frog Restaurant for the dates
specified in their letter of request.
Narrative: This is a request for Council to
consider a renewal of an off-track wagering license requested by James Grundy,
General Manager of Yavapai County Fair Association dba Yavapai Downs at
Prescott Valley. The license would be for
off-track wagering for the periods May 29, 2004 – June 30, 2004; July 7, 2004 –
September 7, 2004 for Yavapai Downs and July1, 2004 – July 6, 2004 for Ft.
Tuthill Downs at the Satisfied Frog Restaurant, located at 6245 E. Cave Creek
Road.
P.37
6. APPROVAL OF RESOLUTION NO. R2004-03
AURTHORIZING THE TOWN TO PROCEED CREATING AN INTERGOVERNMENTAL AGREEMENT WITH
THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY TO PREPARE AN AREA DRAINAGE
MASTER PLAN FOR THE TOWN OF CAVE CREEK.
Placed on the agenda by the
Engineering Department, Town of Cave Creek.
Public Comment
Council
Action Needed: Motion
to approve Resolution No. R2004-03.
Narrative: This
is a request for Mayor and Council to authorize the Engineering staff to work
with the County to create an IGA between the Town and the County to develop a
drainage master plan to analyze drainage within selected areas in the Town and
mitigate drainage areas of concern with structural options, crating or revising
floodplain studies and/or creating development regulations.
PAGE# ITEM#
P.41
7. APPROVAL
OF RESOLUTION NO. R2004-04 AUTHORIZING THE TOWN COUNCIL TO DECLARE THE PATENT
EASEMENTS ON NEW RIVER ROAD BETWEEN 52ND STREET AND 50TH
STREET DEDICATED ROADWAY EASEMENTS.
Placed on the agenda by the
Engineering Department, Town of Cave Creek.
Public
Comment
Council
Action Needed: Motion to approve Resolution No. R2004-04.
Narrative: This is a request for Council to accept dedication
of the existing patent easements along New River Road between 50th
Street and 52nd Street.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS day of March, 2004
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk