AMENDED 6/03/04
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,
JUNE 7, 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.
REPORTS
1. Dr. Paul Dale and
Judi Anderson will report on a new Community College being constructed in the
area.
ACTION ITEMS
I.
CONSENT AGENDA
A.
Approval of the April 19, 2004 Regular Council Meeting
minutes. (continued from the May 17, 2004 Council Meeting)
B.
Approval of the May 3, 2004 Regular Council Meeting
minutes.
C. Cancellation of June
21, 2004 Regular Town Council Meeting. There are no cases or other business
scheduled for this date.
D. Approval of Deed of
Gift to the Town for 10-feet of roadway easement for Saber Road along the
northern portion of Parcel 216-11-009E owned by Gary Huntoon and Gail
Lance-Huntoon.
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#
1. DISCUSSION
AND POSSIBLE ACTION REGARDING RESOLUTION NO. R2004-12 DECLARING PATENT EASEMENT
ON SAT NAM WAY BETWEEN 48TH STREET AND 54TH STREET AS
DEDICATED PUBLIC ROADS
Placed on the agenda by the
Mayor, Town of Cave Creek.
Public
Comment
Council
Action Needed: Discussion and possible motion to give direction to
Staff.
Narrative: This
is a request for the Mayor at the request of the Attorney to place this item on
the agenda for discussion of issues related to Council’s approval of Resolution
No. R2004-12 at the May 17, 2004 Town Council Meeting.
P. 1
2. APPROVAL
OF RESOLUTION NO. R2004-05 ADOPTING A POLICY FOR THE ENFORCEMENT OF PROVISIONS
OF THE CAVE CREEK TOWN CODE AND ORDINANCES OF THE TOWN OF CAVE CREEK.
Placed on the agenda by the
Town Prosecutor, Town of Cave Creek. (This item is continued from the April 5,
2004 Town Council Meeting.)
Public
Comment
Council
Action Needed: Motion to approve Resolution No. R2004-05.
Narrative: This is a request for Council to adopt a Code
Enforcement Policy.
Page# Item#
P. 14
3. 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. (This item is
continued from the May 17, 2004 Town Council Meeting.)
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.
P. 17
4. 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. (This item is continued
from the May 17, 2004 Town Council Meeting.)
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.
Page# Item#
P. 19
5. APPROVAL OF SECOND
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: Motion to approve Second 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.
P. 23
6. APPROVAL OF SECOND
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: Motion to approve Second 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.
Page# Item#
P. 29
7. APPROVAL OF SECOND
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: Motion to approve Second 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.
P. 35
8. APPROVAL OF SECOND
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: Motion to approve Second 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.
Page# Item#
P. 41
9. APPROVAL OF SECOND
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 AND
POSSIBLE DISCUSSION AND DIRECTION REGARDING DISTRICTS OF HISTORICAL
SIGNIFICANCE. (CASE NO. A-04-06)
Placed on
the agenda by the Planning Department, Town of Cave Creek.
Public
Comment
Council Action Needed: Motion to approve Second 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.
P. 52
10. FIRST READING OF ORDINANCE O2004-22
LEVYING UPON THE ASSESSED VALUATION OF PROPERTY WITHIN THE TOWN OF CAVE CREEK,
ARIZONA, SUBJECT TO TAXATION, A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS
($100.00) OF SECONDARY ASSESSED VALUATION SUFFICIENT TO RAISE THE AMOUNT
NECESSARY TO PAY PRINCIPAL AND INTEREST ON, AND REGISTRATION COSTS OF,
OUTSTANDING GENERAL OBLIGATION BONDS OF THE TOWN (SPUR CROSS RANCH), LESS THE
AMOUNT ESTIMATED TO BE RECEIVED FROM OTHER SOURCES OF REVENUE; ALL FOR THE
FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2005 AND DECLARING AN
EMERGENCY
Placed on the
agenda by the Town Administration, Town of Cave Creek
Public Comment
Council Action Needed: Motion to approve the First Reading of
Ordinance O2004-22.
Narrative: This
is a request for Council to give First Reading to Ordinance O2004-22 levying
upon the assessed valuation of property within the Town of Cave Creek a certain
sum upon each one hundred dollars ($100.00) of valuation, and declaring an
emergency. This is the ordinance that authorizes the Town to collect the
property tax to pay for Spur Cross Ranch bonds this fiscal
year. This is not a
new tax. This property tax was approved by the Cave Creek voters at the
September, 2000 election to pay for the Town’s share of the purchase of Spur
Cross Ranch property.
Page# Item#
P. 54
11. AUTHORIZATION OF BUDGET TRANSFER FROM
WATER COMPANY ENTERPRISE CONTINGENCY FUND TO THE WASTEWATER TREATMENT PLANT
ENTERPRISE FUND IN AN AMOUNT NOT TO EXCEED $1.1 MILLION REGARDING THE
SETTLEMENT OF LITIGATION IN THE CASE KNOWN AS DESERT CREEK PROPERTIES V. TOWN
OF CAVE CREEK AUTHORIZED ON FEBRUARY 23, 2004.
Placed on the
agenda by the Town Administration, Town of Cave Creek
Public Comment
Council Action Needed: Motion to approve the First Reading of
Ordinance O2004-22.
Narrative: This
is a request to give authority to Staff to make a budget transfer from the
Water Company Enterprise Contingency Fund to the Wastewater Treatment Plant
Enterprise Fund in an amount not to exceed $1.1 million. Council authorized the
Settlement Agreement regarding Desert Creek Properties v. Town of Cave Creek at
the February 23, 2004 Town Council meeting. Those funds have been disbursed in
accordance with the Settlement Agreement. This item only gives authority to
make the budget transfer in the Fiscal Year 2003-2004 budget.
P.
12. 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. (This item is continued from the
May 17, 2004 Town Council Meeting.)
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.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS _________ day of June, 2004
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk