8/9/04

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, AUGUST 16, 2004

 

 

CALL TO ORDER 6:00 P.M.  Vincent Francia, Mayor, 37622 N. Cave Creek Road, Cave Creek, AZ.

 

ROLL CALL      Mayor Vincent Francia, 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) as follows:

                                   

EXECUTIVE SESSION AGENDA

            1.                     Discussion or consultation with the attorney’s of the public body in order to consider its position and instruct its attorneys regarding the public body’s position regarding pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation.

A.  Southwest Sands v Town of Cave Creek, CV 2002-023188

B.  SUP-97-04A Full Circle Ranch Special Use Permit

 

            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.         Bill Farrell, Town Attorney will give a report on new laws enacted by the 2004 Arizona Legislature

 

ACTION ITEMS

 

I.                   CONSENT AGENDA

 

A.Approval of Deed of Gift to the Town of 33 feet of dedicated right-of-way for Victoria Drive along the western boundary of parcel 211-13-027. The donor is Kenneth Palmer.

B.Approval of Deed of Gift to the Town for a streetscape easement up to 25 feet in width for Cave Creek Road along the northern boundary of parcel 211-11-047A. The donor is Colonial Bank.

 

 

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.         DISCUSSION AND FIRST READING OF ORDINANCE O2004-30 REPEALING ORDINANCE NO. O2004-14 REGARDING AN AMENDMENT TO THE TOWN OF CAVE CREEK ZONING ORDINANCE PURSUANT TO THE PROVISION OF TOWN CODE SECTION 10.16.

 

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 First Reading of Ordinance O2004-30.

 

Narrative: Town Council voted July 6, 2004 to reconsider 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).                 

 

 

 

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P.

2.         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 INFRACTIONS. 

Continued from the Town Council Meeting of July 19, 2004)

 

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.

            3.            REQUEST FOR FUNDING NOT TO EXCEED $22,500 FOR THE

PURCHASE OF A 2004 DODGE DURANGO TO REPLACE A 1997 FORD EXPLORER.

 

Placed on the agenda by the Engineering Department, Town of Cave Creek

 

Public Comment

Council Action Needed:            Motion to approve authorization of funds not to exceed $22,500 for the purchase of a 2004 Dodge Durango

 

Narrative:  This is a request to authorize funding not to exceed $22,500 for the purchase of a 2004 Dodge Durango to replace a 1997 Ford Explorer.

 

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

 

POSTED THIS  _________ day of August, 2004

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk