7/12/04
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, JULY 19, 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) (3) and (4).
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)(3), and (4)
as follows:
EXECUTIVE SESSION AGENDA
1. Discussion
and consultation with the Town’s Attorney to consider its position and instruct
its attorneys in order to resolve current litigation:
a. Seginski
v. Town (CV2001-008063)
A.R.S.
Section 38-431.03(A)(3) and (4).
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
1. Wayne Anderson, Town
Engineer will give an update on the Environmental Protection Agency Grant
process regarding the Phoenix Mine Site.
ACTION ITEMS
I.
CONSENT AGENDA
A.
Municipal Court Baseline Certification for 4th Quarter
Fiscal Year 2004 in an amount of $32,368.83 pursuant to A.R.S. 12-116.04. The
Town of Cave Creek will be required to send additional funds to the State
Treasurer in the amount of $8,888.43.
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. PRESENTATION TO THE MAYOR AND TOWN
COUNCIL BY MR. BOB KITE OF PLANS CONCERNING THE RELOCATION OF RAWHIDE. THE
PRESENTATION WILL BE FOLLOWED BY COUNCIL DISCUSSION. NO ACTION IS AUTHORIZED IN
CONNECTION WITH THIS ITEM.
Placed on the agenda by the Mayor,
Town of Cave Creek.
Public Comment
Council Action Needed:No
action is authorized in connection with this item.
Page# Item#
2. DISCUSSION
AND POSSIBLE ACTION TO APPROVE OR DENY A PROPOSED SETTLEMENT AGREEMENT FOR A
PENDING SUPERIOR COURT ACTION KNOWN AS SEGINSKI V. TOWN OF CAVE CREEK, ET AL.
(CASE NO. CV-2001-008063)
Placed on the agenda by the
Town Attorney, Town of Cave Creek. (This item in continued from the July 6, 2004
Town Council Meeting.)
Public
Comment
Council
Action Needed: Motion to approve or deny approval of the settlement
agreement.
Narrative: This is a request for Council to discuss and take action to approve or
deny a Settlement Agreement for a pending Superior Court case Seginski v. Town
of Cave Creek.
P.2
3. DISCUSSION
AND DIRECTION TO STAFF REGARDING A POSSIBLE AMENDMENT TO THE TEXT OF THE ZONING
ORDINANCE TO BE INITIATED BY THE COUNCIL REGARDING THE ESTABLISHMENT OF A
DISTRICT OF HISTORICAL SIGNIFICANCE.
Placed
on the agenda by the Town Attorney, Town of Cave Creek.
Public
Comment
Council
Action Needed: Motion to give direction to Staff.
Narrative: Staff
is seeking direction as to what the Council may wish to review in the way of a
new Ordinance to amend the text of the current zoning code.
Page# Item#
P.8
4. DISCUSSION AND
RECONSIDERATION OF 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
Mayor and Council by a motion to reconsider approved at the July 6, 2004 Town
Council Meeting.
Public
Comment
Council
Action Needed: Motion to approve or deny approval of Ordinance
O2004-14.
Narrative: Town Council voted July 6, 2004 to re- consider Ordinance No.
O2004-14. Ordinance O2004-14 would
allow residential living space above and behind commercial uses in all
commercial zoning districts. The intension of mixing residential and commercial
uses is to encourage diversity and vitality in the Town Core. (Case A-03-06).
P.13
5. DISCUSSION AND POSSIBLE
FIRST READING OF ORDINANCE O2004-25 AMENDING THE ZONING ORDINANCE AND MAP
THERETO, BY REZONING A PARCEL FROM MULTI-FAMILY RESIDENTIAL (MR-14) TO PLANNED
UNIT DEVELOPMENT (PUD) (THE KNOLLS SUBDIVISION) LOCATED WITHIN THE CORPORATE
LIMITS OF THE TOWN OF CAVE CREEK
Placed on the agenda by the Planning Department, Town of
Cave Creek.
Public Comment
Council Action Needed:Motion to approve or deny approval of First Reading
of ordinance O2004-25.
Narrative: The
owner and developer of The Knolls subdivision has filed a request to amend the
final plat to allow for limited lot reconfiguration. The Planning Commission recommended approval of the proposed lot
changes (F-04-01) at its May 6, 2004 public hearing. The case had been advertised and forwarded to the Town Council
for review.
In researching the case staff found that, although
this subdivision was approved as a Planned Unit Development (PUD) in 1998, no
ordinance was approved to clarify the zoning standards that would apply to the
subdivision. The subdivision is under
construction. While the developer is
requesting some changes to lot orientation, staff has prepared an ordinance for
review by Town Council that rezones this parcel as a Planned Unit Development
(PUD) subject to the development standards as described in Exhibit “B”.
6. PUBLIC HEARING,
DISCUSSION AND POSSIBLE APPROVAL OF AN AMENDMENT TO A FINAL PLAT FOR THE KNOLLS
SUBDIVISION. (CASE NO. F-04-01)
Placed on
the agenda by the Planning Department, Town of Cave Creek. (This item is
continued from the July 6, 2004 Town Council Meeting.) (Staff is recommending
this case F-04-01 be continued to a date uncertain to allow for possible first
and second reading of Ordinance O2004-25, as well as a 30-day effective date.)
CASE NO: F-04-01; Amend Final Plat; The Knolls Subdivision
APPLICANT: Windsor Cave Creek, LLC
LOCATION: The Knolls Subdivision; 38426 N. Jacqueline Drive
ZONING:Multi-Family
Residential (MR-14)
REQUEST:Amend
final Plat by adjusting five (5) lots in the approved and recorded subdivision.
Public Hearing
Council
Action Needed: Motion to approve or deny approval of an amendment
to a Final Plan for the Knolls Subdivision; case F-04-01.
Page# Item#
P. 19
7. DISCUSSION AND POSSIBLE ACTION ON THE
ADOPTION OF RESOLUTION R2004-05 OR AN
ALTERNATIVE STATEMENT OF POLICY CONCERNING A POLICY FOR THE ENFORCEMENT OF
PROVISIONS OF THE CAVE CREEK TOWN CODE AND ORDINANCES.
Placed on the agenda by the
town Attorney/Town Prosecutor, Town of Cave Creek. (This item is continued from
the June 7, 2004 Town Council Meeting.)
Public
Comment
Council
Action Needed: Motion to approve Resolution No. R2004-05 or an
alternative statement of policy concerning a policy for the enforcement of
provisions of the Cave Creek Town Code and Ordinances.
Narrative: This is a request for Council to adopt a Code Enforcement Policy.
Page# Item#
P.33
8. DISCUSSION AND APPROVAL OF FIRST
READING OF ORDINANCE O2004-27 AMENDING THE TOWN CODE CHAPTER 31 TOWN OFFICERS
BY ADDING A NEW SECTION 31.28 ENTITLED COMMENCEMENT OF ENFORCEMENT ACTION ON
CIVIL CODE INFRACTION CONSISTING.
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 O2004-27.
Narrative: This is a possible first reading
of an Ordinance that amends the Town Code and establishes the procedure for the
new civil code process. The Ordinance provides that when a civil code
infraction is observed then the responsible staff person of civil code enforcement
officer shall issue a notice explaining the code violation and giving a date
and time for re- inspection. Should compliance not be observed then a Notice of
Hearing will be issued with a date and time to appear before the Civil Hearing
Officer who shall conduct a tape recorded hearing and dispose of the matter.
P. 37
9. DISCUSSION AND POSSIBLE ACTION TO
DONATE FUNDS TO THE PROJECT LATCH-FREE PROGRAM OPERATED BY DESERT FOOTHILLS
YOUTH LEADERSHIP, INC.
Placed on the
agenda by the Mayor, Town of Cave Creek
Public Comment
Council Action Needed:Motion to approve or deny approval for the
request for funding.
Narrative: This is a request for Council to consider donating
funds to the Project Latch-Free program operated by Desert Foothills Youth
Leadership, Inc.
Page# Item#
P. 41
10. DISCUSSION AND POSSIBLE
APPROVAL OF FIRST READING OF ORDINANCE O2004-24 AMENDING THE 2003 INTERNATIONAL
FIRE CODE.
Placed on
the agenda by the Building Safety Department, Town of Cave Creek.
Public Comment
Council Action Needed:Motion to approve or deny approval of First Reading
of Ordinance O2004-24.
Narrative: The majority of the amendments to the 2003
International Fire Code are amendments that are currently in effect as
amendments to the adopted 1997 Uniform Fire Code. The main exceptions are that this ordinance would require all new
single-family homes be equipped with an automatic fire sprinkler system and it
would address potential fire hazards in grass-, grain-, brush- and
forest-covered lands.
P.67
11. AUTHORIZATION TO EXPEND FUNDS IN AN
AMOUNT NOT TO EXCEED $45,000.00 FOR THE PURCHASE OF TWO TRUCKS FROM BILL LUKE
DODGE USING THE STATE PURCHASING CONTRACT
Placed on
the agenda by the Building Safety Department, Town of Cave Creek.
Public Comment
Council Action Needed:Motion to approve or deny approval of the purchase
of 2 vehicles from Bill Luke Dodge not to exceed $45,000.
Narrative: With
the addition of two new inspectors to the Building Safety Department, our
department needs have increased and these two trucks will enable these
employees to provide the best service levels.
Page# Item#
P. 68
12. DISCUSSION AND POSSIBLE
ACTION TO APPROVE RESOLUTION R2004-15 AUTHORIZING THE MAYOR TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY FLOOD CONTROL DISTRICT FOR
A CAVE CREEK DRAINAGE MASTER PLAN AND AUTHORIZING THE EXPENDITURE OF $50,000
FOR THIS FISCAL YEAR 2005 FOR AERIAL PHOTOGRAPHY
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
R2004-15.
Narrative: Town
of Cave Creek Resolution R2004-03 was adopted by Council on March 15, 2004
which authorized the preparation of an intergovernmental agreement between the
Town and Flood Control District for the preparation of the Cave Creek Master
Drainage Plan. Now the intergovernmental agreement is before Council for
adoption. The Town is scheduled to pay $200,000 over 3 fiscal years towards the
cost of the initial drainage study. The cost is based on 50% cost share that is
to be applied towards the aerial mapping of the Town boundaries and the
proposed future annexation areas (approximately 50 square miles). The payment
this fiscal year is $50,000.
P.78
13. DISCUSSION AND POSSIBLE ACTION TO APPROVE
RESOLUTION R2004-16 AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH THE MARICOPA COUNTY RISK MANAGEMENT SAFETY OFFICE FOR HEAVY
EQUIPMENT AND DRIVER AWARENESS TRAINING.
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 R2004-16.
Narrative: This
is a request to enter into an intergovernmental agreement with Maricopa County
Risk Management Safety Office to allow the Town’s Public Works Road Crew to
participate in the County’s heavy equipment training.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS _________ day of July, 2004
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk