8/30/04

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

TUESDAY, SEPTEMBER 7, 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. (3) & (4) as follows:

                                   

EXECUTIVE SESSION AGENDA

            1.                     Discussion or consultation with the attorney’s of the public body for legal advice and 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.     Freeman v. Town of Cave Creek, CV 2003-018754

B.  Road Access

 

 

            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 – Deputy Town Marshal Bobby Hernandez will be recognized for exemplary performance for preventing an armed robbery.

 

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.         Delvan Lopez, Tonto National Forest Service will brief Council and the public on recent forest fires in the area and the Seven Springs Water Diversion.

2.                  Jeff Low, Assistant Town Engineer will report on a proposed Adopt-A-Street   Program for the Town of Cave Creek.

 

ACTION ITEMS

 

I.                   CONSENT AGENDA

 

A.Approval of Deed of Gift to the Town of 25 feet of dedicated right-of-way for Arroyo Road along the southern boundary of parcel 216-13-021. The donor is George Stine.

B.Declare certain Town property as surplus for disposal.

                        C.            Approval of August 2, 2004 Regular Town Council Meeting Minutes.

                        D.            Approval of August 16, 2004 Regular Town 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 SECOND 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 Second Reading of Ordinance O2004-30.

 

Narrative: Town Council voted July 6, 2004 to reconsider Ordinance No. O2004-14. This ordinance would repeal Ordinance 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. 3

2.         DISCUSSION AND APPROVAL OF SECOND 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. 

 

Placed on the agenda by the Town Attorney, Town of Cave Creek.

 

                        Public Comment

Council Action Needed:            Motion to approve or deny approval of Second Reading of Ordinance O2004-27.

 

Narrative: This is a possible second 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.

 

 

 

 

PAGE# ITEM#

P.6

3.         DISCUSSION AND DIRECTION TO STAFF REGARDING INITIATING A CHANGE TO CHAPTER 5 OF THE ZONING ORDINANCE, SECTION 5.1, ACCESS, TO CLARIFY THE ISSUE OF GRADING AND MAINTENANCE OF ACCESS ROADS.

 

Placed on the agenda by the Town Attorney, Town of Cave Creek

 

Public Comment

Council Action Needed:            Motion to direct staff.

 

Narrative:  This is a request for Council to give direction to Staff on initiating a change to chapter 5 of the zoning ordinance, section 5.1, access, to clarify the issue of grading and maintenance of access roads.

 

P.10

4.         DISCUSSION AND DIRECTION TO STAFF REGARDING A COUNCIL INITIATED AMENDMENT TO THE TOWN’S SUBDIVISION ORDINANCE, SECTION 2.4, FINAL PLAT REGARDING RANCH AND RANCH ANIMALS IN DESERT RURAL ZONING DISTRICTS.

 

Placed on the agenda by the Town Attorney, Town of Cave Creek

 

Public Comment

Council Action Needed:            Motion to direct staff.

 

Narrative:  This is a request for Council to give direction to Staff on a Council initiated amendment to the Town’s Subdivision Ordinance, Section 2.4, Final Plat regarding Ranch and Ranch Animals in desert rural zoning districts.

 

P.12

5.         DISCUSSION AND DIRECTION TO STAFF REGARDING THE INITIATION OF AMENDMENTS TO THE ZONING ORDINANCE SETTING A MAXIMUM NUMBER OF SQUARE FEET FOR DWELLINGS AND/OR BUSINESSES IN RESIDENTIAL AND COMMERCIAL ZONES.

 

Placed on the agenda by the Town Attorney, Town of Cave Creek

 

Public Comment

Council Action Needed:            Motion to direct staff.

 

Narrative:  This is a request for Council to give direction to Staff regarding the initiation of amendments to the Zoning Ordinance setting a maximum number of square feet for dwellings and/or businesses in residential and commercial zones.

 

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

 

POSTED THIS  _________ day of August, 2004

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk