5/10/04
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, MAY 17, 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 6:30 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) (4) and (7).
CALL TO ORDER 6:30 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)(4) and (7) as
follows:
EXECUTIVE SESSION AGENDA
1. Discussion
and consultation with Town’s Attorney regarding the execution of a
Confidentiality Agreement that could lead to the acquisition of real property –
Cave Creek Water Company.
A.R.S.
Section 38-431.03(A)(4) 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
PRESENTATION
–Mayor Francia will present a $2,000 donation on behalf of Phoenix Greyhound
Park Racing Foundation to representatives of the Foothills Food Bank.
PROCLAMATION
– Mayor Francia will join other municipalities in honoring the City of Tempe
Mayor Neil Guiliano for his time in public service and wish him well in him
future endeavors.
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
1. There are no reports
scheduled for this meeting.
ACTION ITEMS
I.
CONSENT AGENDA
A.
Approval of the April 19, 2004 Regular Council Meeting
minutes.
B.
Approval of Deed of Gift to the Town for 10-feet of
non-vehicular equestrian/pedestrian easement along the eastern boundary of parcel
211-64-001X owned by Terry Smith.
C.
Approval of Deed of Gift to the Town for 10-feet of
roadway easement for Rockaway Hills Drive along the northern boundary of parcel
216-14-005 owned by Richard and Christine Neimeyer.
D.Approval of Deed of Gift to the
Town for 15-feet of roadway easement for Cave Creek Road along the southern
boundary of parcel 216-07-009A owned by the Cave Creek Management Group.
E.Approval of Deed of Gift to
the Town for 25-feet of roadway easement for Yolantha Street along the Northern
boundary of parcel 211-46-049A owned by the Black Mountain Baptist Church.
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 ADOPTION OF
RESOLUTION R2004-10 APPROVING THE FISCAL YEAR 2004-2005 FINAL BUDGET
Placed on the agenda by the
Town Administration, Town of Cave Creek.
This is a request for Council
to hold a public hearing, then adopt resolution R2004-10 approving the Fiscal
Year 2004-2005 budget and setting the alternative expenditure limitation amount
for Fiscal Year 2004-05.
Public Hearing
Council
Action Needed: Following the Public Hearing, motion to approve or
deny approval of Resolution R2004-10.
P.11
2. DISCUSSION
AND POSSIBLE SECOND READING OF ORDINANCE NO. O2004-03 AMENDING THE CAVE CREEK
ZONING ORDINANCE, CHAPTER 6, NON-CONFORMING USES. (CASE A-03-01)
Placed on the agenda by the
Town Council, Town of Cave Creek by a vote to reconsider this issue at the
March 15, 2004 Town Council Meeting. First Reading was given at the April 19,
2004 Town Council Meeting. (This item is continued from the May 3, 2004 Town
Council Meeting.)
Public
Comment
Council
Action Needed: Motion to approve Second 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)First Reading of this ordinance was given at the April 19,
2004 Town Council Meeting.
Page# Item#
P.22
3. PUBLIC
HEARING AND POSSIBLE ACTION TO APPROVE AN EXTENSION OF SPECIAL USE PERMIT FOR
FULL CIRCLE RANCH BED & BREAKFAST (CASE SUP-97-04)
Placed on the agenda by the
Planning Department, Town of Cave Creek.
Town Council voted in favor
of reconsidering this item at the April 19, 2004 Town Council Meeting.
Applicant/Owner: Jim Langan
Location: 40205
N. 26th Street/parcel #211-64-006G
Request: Extension of Special Use Permit for
a Bed and Breakfast facility (SUP-97-04)
Public
Hearing
Council
Action Needed: Following the Public Hearing, motion to approve or
deny approval of extension of Special Use permit for Full Circle Ranch Bed
& Breakfast (Case SUP-97-04.
P.61
4. APPROVAL OF SECOND
READING OF ORDINANCE O2004-21 AMENDING THE CAVE CREEK TOWN CODE PURSUANT TO
TOWN CODE SECTION 10.18 BY ADDING TO TITLE I GENERAL PROVISIONS, CHAPTER 10
GENERAL PROVISIONS, SECTION 10.99, PENALTIES, A NEW PARAGRAPH (C) AND AMENDING
TOWN CODE TITLE III, ADMINISTRATION, CHAPTER 31, TOWN OFFICERS BY ADDING A NEW
SECTION 31.27, HEARING OFFICER, PROVIDING FOR SEVERABILITY AND REPEAL.
Placed on the agenda by the Town Administration, Town of
Cave Creek.
Public Comment
Council Action Needed:Motion to
approve Second Reading of Ordinance O2004-21.
Narrative: This
is a request for Council to consider amending the Cave Creek Town Code pursuant
to Town Code Section 10.18 by adding to Title I General Provisions, Chapter 10
General Provisions, Section 10.99, Penalties, a new paragraph (c) and amending
Town Code Title III, Administration, Chapter 31, Town Officer by adding a new
section 31.27, Hearing Officer, providing for severability and repeal.
Page# Item#
P.64
5. APPROVAL OF SECOND
READING OF ORDINANCE O2004-15 AMENDING
SECTION 151.01 (A), (B) AND (C), SECTION 151.03 AND SECTION 151.05 OF CHAPTER
151 OF TITLE XV OF THE TOWN OF CAVE CREEK CODE TO PROVIDE FOR THE ADOPTION OF
CODES AND REGULATIONS FOR BUILDINGS, STRUCTURES, AND USES THEREOF; PROVIDING
FOR REPEAL OF EXISTING PROVISION OF THE TOWN CODE; TO PROVIDE FOR PENALTIES FOR
THE VIOLATION OF ANY PROVISION OF ANY CODE OR STANDARD ADOPTED UNDER THIS
ORDINANCE; PROVIDING FOR SEPARABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
Placed on the agenda by the Building/Safety
Department, Town of Cave Creek.
Public Comment
Council Action Needed:Motion to approve Second Reading of Ordinance
O2004-15.
Narrative: This is a request for Council to approve
Ordinance O2004-15 to provide for the adoption for codes and regulations for
buildings, structures and uses.
P.100
6. PUBLIC HEARING AND
APPROVAL OF FIRST READING OF ORDINANCE O2004-09 AMENDING THE CAVE CREEK ZONING
ORDINANCE, BY AMENDING CHAPTER 4: USE DISTRICTS, SECTION 4.3(C) DIVISIONS AND
SECTION 4.3(D); BULK REGULATIONS BY ADDING THE DESIGNATION OF MR-8; 8 UNITS PER
ACRE IN THE MULTI-FAMILY RESIDENTIAL (MR) ZONING DISTRICTS AND BY UPDATING ANY
APPLICABLE REFERENCES. (CASE NO. A-04-01)
Placed on the agenda by the Planning Department, Town of
Cave Creek.
Public Comment
Council Action Needed:Following
the Public Hearing, motion to approve First Reading of Ordinance O2004-09.
Narrative: This change to the Cave Creek Zoning Ordinance
merely adds a multi-family classification and does not change any existing
zoning. The proposed zoning
classification would apply to any newly annexed property or to property that
owners wish to rezone.
Page# Item#
P.104
7. PUBLIC HEARING AND
APPROVAL OF FIRST READING OF ORDINANCE O2004-11 AMENDING THE CAVE CREEK ZONING
ORDINANCE DATED JANUARY 6, 2003 CHAPTER 4: USE DISTRICTS, SECTION 4.1(D) BULK
REGULATIONS IN THE DESERT RURAL ZONING DISTRICTS AND SECTION 4.2(D); BULK
REGULATIONS IN THE SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS, BY ADDING A
COLUMN FOR THE MAXIMUM LAND DISTURBANCE PERCENTAGE, DESCRIBED AS A PERCENTAGE
OF NET LOT AREA TO THE BULK REGULATIONS TABLE. (CASE NO. A-04-03)
Placed on the agenda by the Planning Department, Town of
Cave Creek.
Public Comment
Council Action Needed:Following
the Public Hearing, motion to approve First Reading of Ordinance O2004-11.
Narrative: There is one notable difference between the 1994
zoning ordinance and what had been adopted by the Town Council and defeated by
referendum. That difference is that a
maximum disturbance area of 75% would be applied to Residential (R-18) and R-35
zoning districts as is currently required within the Desert Rural zoning
districts.
P.110
8. PUBLIC HEARING AND
APPROVAL OF FIRST READING OF ORDINANCE O2004-12 AMENDING THE CAVE CREEK ZONING
ORDINANCE BY AMENDING CHAPTER 5 – DEVELOPMENT STANDARDS BY DELETING SECTION
5.18(B), (C), AND (D) SWIMMING POOL BARRIER DETAILS IN ITS ENTIRETY TO AVOID
DUPLICATION WITH ADOPTED BUILDING CODES. (CASE NO. A-04-04)
Placed on the agenda by the Planning Department, Town of
Cave Creek.
Public Comment
Council Action Needed:Following
the Public Hearing, motion to approve First Reading of Ordinance O2004-12.
Narrative: The proposed deletion of pool barrier requirements
would be recommended to have an effective date thirty days following the
adoption of this ordinance; this date is projected to be July 7, 2004.
Concurrently, the Town Building Official would present the 2003 International
Residential Code, including Appendix G, Swimming Pools, Spas and Hot Tubs to be
adopted by the Town Council and to have an effective date of July 1, 2004.
Page# Item#
P.116
9. PUBLIC HEARING AND
APPROVAL OF FIRST READING OF ORDINANCE O2004-13 AMENDING THE CAVE CREEK ZONING
ORDINANCE CHAPTER 4: USE DISTRICTS, BY AMENDING SECTION 4.4(B) ALLOWABLE USES
IN COMMERCIAL BUFFER AND ADDING SECTION 4.4(C) TO ALLOW MULTI-FAMILY
RESIDENTIAL USES EQUIVALENT TO MR-8 (8 UNITS PER ACRE) AND TO ALLOW LIVING
SPACES ABOVE OR BEHIND COMMERCIAL BUILDINGS IN THE COMMERCIAL BUFFER ZONING
DISTRICT; AND TO ADD SECTION 4.4(D)(3) MULTI-FAMILY RESIDENTIAL USES, TO ALLOW
MULTI-FAMILY RESIDENTIAL USES EQUIVALENT TO MR-8 (8 UNITS PER ACRE) IN THE BULK
REGULATIONS OF THE COMMERCIAL BUFFER ZONING DISTRICT (CASE NO. A-04-05)
Placed on the agenda by the Planning Department, Town of
Cave Creek.
Public Comment
Council Action Needed:Following
the Public Hearing, motion to approve First Reading of Ordinance O2004-13.
Narrative: This
proposed ordinance would allow multi-family residential uses in the Commercial
Buffer (CB) Zoning Districts at a density equivalent to the newly proposed
Multi-Family (MR-8) Zoning District.
P.122
10. PUBLIC HEARING AND
APPROVAL OF FIRST READING OF ORDINANCE O2004-14 AMENDING THE CAVE CREEK ZONING
ORDINANCE CHAPTER 4: USE DISTRICTS, SECTION 4.5(B) ALLOWABLE USES IN THE CORE
COMMERCIAL ZONING DISTRICT TO ALLOW LIVING SPACES ABOVE OR BEHIND COMMERCIAL
BUILDINGS; AND SECTION 4.5(C)(3), MULTI-FAMILY RESIDENTIAL USES IN CORE
COMMERCIAL ZONING DISTRICT TO ALLOW MULTI-FAMILY RESIDENTIAL USES EQUIVALENT TO
MR-8 (8 UNITS PER ACRE) IN THE BULK REGULATIONS FOR THE CORE COMMERCIAL ZONING
DISTRICT. (CASE NO. A-04-06)
Placed on the agenda by the Planning Department, Town of
Cave Creek.
Public Comment
Council Action Needed:Following
the Public Hearing, motion to approve First Reading of Ordinance O2004-14.
Narrative: This
proposed ordinance would allow residential living space above and behind
commercial uses in all commercial zoning districts. Mixing residential and
commercial uses would encourage diversity and vitality in the Town Core.
Page# Item#
P.128
11. RECOMMENDATION
OF APPROVAL OF AN INTERIM PERMIT AND A NEW #7 BEER AND WINE BAR LIQUOR LICENSE
FOR CRUISERS
Placed
on the agenda by the Town Administration, Town of Cave Creek.
Public Comment
Council Action Needed: Motion
to approve or deny approval of the interim permit and New #7 Beer and Wine Bar
Liquor License for Cruisers.
Narrative: This is a request for Mayor and Council to recommend
approval or denial of an interim permit and a New #7 Beer and Wine Bar liquor
license for Anthony Imbesi as agent for Cruisers, 6554 E. Cave Creek Road, Cave
Creek.
P.130
12. DISCUSSION
AND APPROVAL OF RESOLUTION R2004-09 ADOPTING THE STUDY REPORT “TRAFFIC SAFETY
STUDY FOR VARIOUS ROADWAY INTERSECTIONS THROUGHOUT TOWN” PREPARED FOR THE TOWN
OF CAVE CREEK BY TASK ENGINEERING DATED APRIL 30, 2004.
Placed
on the agenda by the Engineering Department, Town of Cave Creek.
Public Comment
Council
Action Needed: Motion
to approve or deny approval of
Resolution R2004-09.
Narrative: This is a request for Mayor and Council to approve a
resolution adopting the Traffic Safety Study Report for Various Roadway
Intersections for the Town of Cave Creek.
P.148
13. DISCUSSION
AND APPROVAL OF RESOLUTION R2004-11 ABANDONING ROADWAY ALONG JACQUELINE DRIVE,
EAST OF THE KNOLLS SUBDIVISION.
Placed
on the agenda by the Engineering Department, Town of Cave Creek.
Public Comment
Council
Action Needed: Motion
to approve or deny approval of
Resolution R2004-11.
Narrative: This is a request for Mayor and Council to approve a
resolution that would abandon 25-feet of Town right-of-way along Jacqueline
Drive, east of the Knolls Subdivision. A public utility easement will remain in
place at that location.
Page# Item#
P.158
14. DISCUSSION
AND APPROVAL OF RESOLUTION R2004-12 DECLARING BLM PATENT EASEMENTS ON SAT NAM
WAY, BETWEEN 48TH STREET AND 54TH STREET AS DEDICATED
ROADWAY EASEMENTS.
Placed
on the agenda by the Engineering Department, Town of Cave Creek.
Public Comment
Council
Action Needed: Motion
to approve or deny approval of
Resolution R2004-12.
Narrative: This is a request
for Mayor and Council to approve a resolution that declares the Roadway Patent
Easement described in the resolution exhibit ‘A’ as a dedicated roadway
easement to be used for roadway purposes.
P.161
15. DISCUSSION
AND AUTHORIZATION TO EXPEND FUNDS FOR MILLING, PAVING AND MEDIAN EXTENSION
CONSTRUCTION ALONG CAREFREE HIGHWAY.
Placed
on the agenda by the Engineering Department, Town of Cave Creek.
Public Comment
Council
Action Needed: 1. Motion to authorize expenditure of
funds not to exceed $37,000 from Fiscal Year 2003-04 to McDOT for milling and
paving Carefree Hwy and to authorize a budget transfer from the Grants fund to
the Public Works fund not to exceed the $37,000.
2. Motion
to authorize the expenditure of funds from Fiscal Year 2003-04 not to exceed
$12,705.96 to FNF Construction for additional AC paving on Carefree Hwy and
authorize a budget transfer from the Grants fund to the Public Works fund not
to exceed the $12,705.96.
3. Motion
to authorize the expenditure of funds from Fiscal Year 2004-05 not to exceed
$23,031.76 to FNF Construction for the Carefree Median Extension.
Narrative: This is a request
for Mayor and Council to approve expenditures for paving and milling on
Carefree Hwy and construction of the Carefree Median Extension.
Page# Item#
P.163
16. AUTHORIZATION FOR THE
MAYOR TO EXECUTE A CONFIDENTIALITY AGREEMENT REGARDING THE CAVE CREEK WATER
COMPANY
Placed on the agenda by the Town Attorney, Town of Cave
Creek.
Public Comment
Council Action Needed:Motion to
authorize the Mayor to execute a Confidentiality Agreement.
Narrative: The Town Attorney has provided a Confidentiality
Agreement to the Town Council in Executive Session regarding aspects of
confidential and/or proprietary information that will allow the Town and its
consultant to proceed with an evaluation of the Water Company.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS _________ day of May, 2004
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk