1/10/06

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, JANUARY 17, 2006

 

CALL TO ORDER 7:00 P.M.  Vincent Francia, Mayor, 37622 N. Cave Creek Road, Cave Creek, AZ.

 

ROLL CALL      Mayor Vincent Francia, Vice-Mayor Dick Esser, Council Members Kim Brennan, Ernie Bunch, Gilbert Lopez, Thomas McGuire, and Grace Meeth

 

PLEDGE OF ALLEGIANCE

 

PUBLIC ANNOUNCEMENTS – General Announcements of interest to members of Council and the public.  There will be no discussion on any announcements.

 

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

            There are no reports scheduled.

 

ACTION ITEMS

I.                   CONSENT AGENDA

No items are scheduled for approval.

 

 

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.

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1.         PRESENTATION BY RICHARD TRAVIS, SPECIAL ASSISTANT ATTORNEY GENERAL AND COUNCIL DISCUSSION REGARDING THE ATTORNEY GENERAL’S OFFICE PROPOSAL REGARDING METH LABS AND THE SALE OF PRODUCTS CONTAINING PSEUDOEPHEDRINE.

 

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

           

                        Public Comment

Council Action Needed:         No action is needed regarding this issue.

 

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2.         DISCUSSION AND POSSIBLE FIRST READING OF ORDINANCE O2006-04 AMENDING THE TOWN CODE OF THE TOWN OF CAVE CREEK TITLE XIII, GENERAL OFFENSES BY ADDING A NEW CHAPTER 131, SALE OF PSEUDOEPHEDRINE; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND DESIGNATING AN EFFECTIVE DATE.

 

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

           

                        Public Comment

Council Action Needed:         Motion to give First Reading of Ordinance O2006-04, an Ordinance of the Mayor and Common Council of the Town of Cave Creek, Maricopa County, Arizona, amending the Town Code of the Town of Cave Creek Title XIII, General Offenses by adding a new Chapter 131, Sale of Pseudoephedrine; providing penalties for the violation thereof; and designating an effective date.

 

Narrative: Motion to give First Reading to Ordinance O2006-04. The requested amendment, if approved, would have the effect of amending the Town Code of the Town of Cave Creek Title XIII, General Offenses by adding a new Chapter 131, Sale of Pseudoephedrine; providing penalties for the violation thereof; and designating an effective date.

 

 

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3.         DISCUSSION AND SECOND READING OF ORDINANCE O2006-01 AMENDING THE ZONING ORDINANCE OF THE TOWN OF CAVE CREEK DATED JANUARY 6, 2003, BY AMENDING CHAPTER 4 – USE DISTRICTS BY ADDING A NEW SECTION, 4.7 – ADDITIONAL ZONING DISTRICTS; ADDING A NEW SECTION 4.8 – OFFICIAL ZONING MAP; ADDING A NEW SECTION 4.9 – DISTRICT BOUNDARIES.

 

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

           

                        Public Comment

Council Action Needed:         Motion to give Second Reading of Ordinance O2006-01, an Ordinance of the Mayor and Common Council of the Town of Cave Creek, Maricopa County, Arizona, amending the zoning ordinance of the Town of Cave Creek dated January 6, 2003, by amending Chapter 4 – Use Districts by adding a new section, 4.7 – additional zoning districts; adding a new section, 4.8 – official zoning map; adding a new section 4.9 – district boundaries.

 

Narrative: Motion to give Second Reading to Ordinance O2006-01. The requested amendment, if approved, would have the effect of adding Sections 4.7 – Additional Zoning Districts, 4.8 – Official Zoning Map(s) and 4.9 – District Boundaries to Chapter 4 – Use Districts of the Town of Cave Creek Zoning Ordinance.  The proposed amendment is administrative in nature and merely defines the procedures to follow when addressing the addition of new zoning districts, the designation of the Official Zoning Map(s) and how the various zoning district boundaries are determined.  The proposed amendment does not change any land use designations, allowed uses, or required processes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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4.         DISCUSSION AND SECOND READING OF ORDINANCE O2006-02 AMENDING THE ZONING ORDINANCE OF THE TOWN OF CAVE CREEK DATED JANUARY 6, 2003, BY AMENDING CHAPTER 5 – DEVELOPMENT STANDARDS, BY DELETING SECTION 5.15 – NUISANCES, IN ITS ENTIRETY.

 

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

           

                        Public Comment

Council Action Needed:         Motion to give Second Reading of Ordinance O2006-02, an Ordinance of the Mayor and Common Council of the Town of Cave Creek, Maricopa County, Arizona, amending the zoning ordinance of the Town of Cave Creek dated January 6, 2003, by amending Chapter 5 – Development Standards, by deleting Section 5.15 – Nuisances, in its entirety.

 

Narrative:       Motion to give Second Reading to Ordinance O2006-02. The requested amendment, as proposed, would have the effect of eliminating Section 5.15 - Nuisances from Chapter 5 – Development Standards of the Town of Cave Creek Zoning Ordinance.  With the recent adoption of Ordinance O2005-02, the Town’s nuisance regulations have been relocated within Chapters 10 and 130 of the Town of Cave Creek Town Code.     

 

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5.         DISCUSSION AND SECOND READING OF ORDINANCE O2006-03 AMENDING THE ZONING ORDINANCE OF THE TOWN OF CAVE CREEK DATED JANUARY 6, 2003, BY AMENDING APPENDIX A – USE DESCRIPTIONS.

 

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

 

                        Public Comment

Council Action Needed:         Motion to give Second Reading of Ordinance O2006-03, an Ordinance of the Mayor and Common Council of the Town of Cave Creek, Maricopa County, Arizona, amending the zoning ordinance of the Town of Cave Creek dated January 6, 2003, by amending Appendix ‘A’ – Use Descriptions.

 

 

 

Narrative:       Motion to give Second Reading to Ordinance O2006-03. The proposed amendment of Appendix A – Use Descriptions of the Zoning Ordinance has been motivated by discussions held during the rewriting of the Zoning Ordinance in 2002 and the public hearing process leading to the approval of the Town of Cave Creek General Plan in 2005.  Subsequent comments and recommendations have been received from the Town Council, Planning & Zoning Commission and Board of Adjustment members as well as the general public.  The proposed changes to the ordinance represent an initial effort to reflect the community’s desires as they relate to the appropriate land uses and processes for those parcels zoned Commercial Buffer (CB), Commercial Core (CC) and General Commercial (GC).  The primary underlying theme behind the recommended changes was to emphasize those uses which would be the most compatible with the existing or anticipated uses located within a particular area as identified within the Town’s General Plan.

 

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6.         DISCUSSION AND POSSIBLE FIRST READING OF ORDINANCE O2006-05 AMENDING THE TOWN CODE OF THE TOWN OF CAVE CREEK TITLE XIII, GENERAL OFFENSES BY AMENDING CHAPTER 130.07 NUISANCES, SECTION 130.07(D)(1)(b), TABLE I AND FOOTNOTES AND SECTION 130.07(D)(3).

 

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

           

                        Public Comment

Council Action Needed:         Motion to give First Reading of Ordinance O2006-05, an Ordinance of the Mayor and Common Council of the Town of Cave Creek, Maricopa County, Arizona, amending the Town Code of the Town of Cave Creek Title XIII, General Offenses by amending Chapter 130.07 Nuisances, Section 130.07(D)(1)(b), Table I and Footnotes and Section 130.07(D)(3).

 

Narrative: Motion to give First Reading of Ordinance O2006-05, an Ordinance of the Mayor and Common Council of the Town of Cave Creek, Maricopa County, Arizona, amending the Town Code of the Town of Cave Creek Title XIII, General Offenses by amending Chapter 130.07 Nuisances, Section 130.07(D)(1)(b), Table I and Footnotes and Section 130.07(D)(3). This item amends the Town of Cave Creek noise ordinance.

 

 

 

 

 

 

 

 

 

 

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7.         DISCUSSION AND POSSIBLE AWARD OF CONTRACT TO HDR ENGINEERING FOR SITE PLANNING AT THE PHOENIX MINE SITE.

 

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

 

                        Public Comment

Council Action Needed:         Motion to award the contract for Site Planning at the Phoenix Mine Site to HDR Engineering in an amount not to exceed $105,000.

 

Narrative:       Motion to award the contract for Site Planning at the Phoenix Mine Site to HDR Engineering in an amount not to exceed $105,000.

 

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8.         DISCUSSION AND POSSIBLE AUTHORIZATION TO WAIVE BUILDING, PLANNING AND ENGINEERING DEPARTMENT FEES FOR THE DESERT FOOTHILLS LIBRARY CONSTRUCTION PROJECT PER THE LIBRARY’S REQUEST.

 

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

 

                        Public Comment

Council Action Needed:         Motion to authorize the waiver of Engineering, Building and Planning Department Fees related to the construction of the library remodeling project in an amount not to exceed $16,000.

 

Narrative:       Motion to authorize the waiver of Engineering, Building and Planning Department Fees related to the construction of the library remodeling project in an amount not to exceed $16,000.

 

 

 

 

 

 

 

 

 

 

 

 

 

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9.         DISCUSSION AND POSSIBLE AUTHORIZATION TO ENTER INTO A LEASE/PURCHASE FOR A MECHANICAL STREET SWEEPER (PM-10 CERTIFIED) FOR ENGINEERING AND PUBLIC WORKS.

 

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

 

                        Public Comment

Council Action Needed:         Motion to authorize a 7-year lease-purchase of a 2006 Schwarze M6000SE Mechanical Street Sweeper (PM-10 Certified) for Engineering and Public Works from Balar Equipment in an amount of $154,486 with an annual payment of $26,587.77.

 

Narrative:       Motion to authorize a 7-year lease-purchase of a Mechanical Street Sweeper (PM-10 Certified) for Engineering and Public Works from Balar Equipment in an amount of $154,486 with an annual payment of $26,587.77.

 

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

 

POSTED THIS  _________ day of January, 2006

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk