5/9/05

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, MAY 16, 2005

 

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 Ralph Mozilo, Council Members Gilbert Lopez, Grace Meeth, Terry Smith, Shea Stanfield, Jay Williams

 

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

A.            Approval of April 11, 2005 Special Town Council Worksession minutes.

B.             Resolution R2005-15 Authorizing the Mayor and Clerk to sign and a cooperating agreement between the County of Maricopa and Town of Cave Creek for a Community Development Block Grant Program.

C.            Call a Special Town Council meeting for Tuesday, May 24, 2005 at 7:00 p.m. to canvass the May 17, 2005 General/Special Election results.

 

 

D.Deed of Gift to the Town for a dedicated easement for roadway, ingress, egress and public utilities purposes over, under and across the south 30.0 feet; part of parcel 3, book 538 of maps, page 35, MCR; a part of G.L.O. Lot 5, Section 6, T5N, R4E G&SRB&M; Assessor’s Parcel 211-48-004L. Grantors are Michael Leonard and Danae Austin Bradley.

E.Deed of Gift to the Town for a dedicated easement for roadway, ingress, egress and public utilities purposes over, under and across the south 25.0 feet; Assessor’s Parcel 216-06-029P. Grantor is GV Group, LLC; Keith Vertes.

F.Lot Split Approval, Case L-05-01;  Assessor’s Parcel 216-06-029P; owner GV Group, LLC, Keith Vertes; a request to split an existing 1.90 acre parcel into two (2) separate parcels in a R-35 Residential Zone.

 

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.         DISCUSSION AND POSSIBLE APPROVAL OF FIRST READING OF ORDINANCE O2005-07 AMENDING THE CAVE CREEK TOWN CODE PURSUANT TO TOWN CODE SECTION 10.18 BY AMENDING TITLE 1, GENERAL PROVISIONS, CHAPTER 10, GENERAL PROVISIONS, SECTION 10.99 GENERAL PENALTY;  BY AMENDING TITLE 3, ADMINISTRATION, CHAPTER 31, TOWN OFFICERS, SECTION 31.28, COMMENCEMENT OF ENFORCEMENT ACTION ON CIVIL CODE INFRACTION;  BY REPEALING TITLE 3, ADMINISTRATION, CHAPTER 34, MAGISTRATE COURT, SECTION 34.70, CIVIL OFFENSES SUBJECT TO SANCTIONS, SECTION 34.71, EXCLUSIVITY OF REMEDY, SECTION 34.72, CITATION ISSUANCE AUTHORITY, SECTION 34.75, APPEARANCE BY DEFENDANT, SECTION 34.76, DEFAULT JUDGMENT, SECTION 34.77, PROCEDURAL RULES, SECTION 34.78, COLLECTION OF CIVIL SANCTIONS, SECTION 34.79, PAYMENT OF ALTERNATIVE SANCTION, AND MAGISTRATE COURT APPENDIX: FORMS, SECTION 1, CITATION FOR CIVIL OFFENSE;  BY ADDING TO TITLE 7, TRAFFIC CODE, CHAPTER 71, TRAFFIC REGULATIONS, A NEW SECTION 71.26 ENTITLED VIOLATIONS;  BY AMENDING TITLE 7, TRAFFIC CODE, CHAPTER 72, PARKING REGULATIONS, SECTION 72.36, VEHICLES ON PUBLIC RIGHTS-OF-WAY;  BY ADDING TO TITLE 7, TRAFFIC CODE, CHAPTER 72, PARKING REGULATIONS, A NEW SECTION 72.37, ENTITLED COMMENCEMENT OF PROCEEDINGS FOR VIOLATIONS;  BY AMENDING TITLE 7, TRAFFIC CODE, CHAPTER 72, PARKING REGULATIONS, SECTION 72.98, VIOLATIONS;  BY AMENDING TITLE 9, GENERAL REGULATIONS, CHAPTER 90, ANIMALS, SECTION 90.10, VICIOUS ANIMALS;  BY AMENDING TITLE 9, GENERAL REGULATIONS, CHAPTER 90, ANIMALS, SECTION 90.15, UNLAWFUL INTERFERENCE WITH ENFORCEMENT AGENT;  BY AMENDING TITLE 9, GENERAL REGULATIONS, CHAPTER 90, ANIMALS, SECTION 90.16, REMOVAL OF IMPOUNDED ANIMALS PROHIBITED;  BY AMENDING TITLE 9, GENERAL REGULATIONS, CHAPTER 92, HEALTH AND SANITATION, SECTION 92.02, PROHIBITIONS AND RESTRICTIONS;  BY AMENDING TITLE 9, GENERAL REGULATIONS, CHAPTER 92, HEALTH AND SANITATION, SECTION 92.03, DUTIES OF PROPERTY OWNER;  BY AMENDING TITLE 9, GENERAL REGULATIONS, CHAPTER 92, HEALTH AND SANITATION, SECTION 92.16, DUMPING REFUSE;  BY AMENDING TITLE 9, GENERAL REGULATIONS, CHAPTER 94, PARKS AND RECREATION, SECTION 94.02, RULES AND REGULATIONS;  BY AMENDING TITLE 9, GENERAL REGULATIONS, CHAPTER 94, PARKS AND RECREATION, SECTION 94.16, PUBLIC PROPERTY;  BY AMENDING TITLE 9, GENERAL REGULATIONS, CHAPTER 94, PARKS AND RECREATION, SECTION 94.17, PRIVATE PROPERTY;  BY AMENDING TITLE 11, BUSINESS REGULATIONS, CHAPTER 111, PEDDLERS AND SOLICITORS, SECTION 111.25, PEDDLING WITHOUT REGISTRATION CARD;  BY AMENDING TITLE 11, BUSINESS REGULATIONS, CHAPTER 111, PEDDLERS AND SOLICITORS, SECTION 111.26, SELLING ON STREETS AND SIDEWALKS WITHOUT PERMIT;  BY AMENDING TITLE 11, BUSINESS REGULATIONS, CHAPTER 112, ADULT BUSINESSES, SECTION 112.02, LICENSES, FEES;  BY AMENDING TITLE 11, BUSINESS REGULATIONS, CHAPTER 112, ADULT BUSINESSES, SECTION 112.03, REGULATIONS;  BY AMENDING TITLE 13, GENERAL OFFENSES, CHAPTER 130, GENERAL OFFENSES, SECTION 130.03, EXPLOSIVES;  BY AMENDING TITLE 13, GENERAL OFFENSES, CHAPTER 130, GENERAL OFFENSES, SECTION 130.06, INTERFERENCE WITH BUSINESSES PROHIBITED;  BY AMENDING TITLE 13, GENERAL OFFENSES, CHAPTER 130, GENERAL OFFENSES, SECTION 130.08, OBSTRUCTION OF STREETS;  BY AMENDING TITLE 13, GENERAL OFFENSES, CHAPTER 130, GENERAL OFFENSES, SECTION 130.10, GRAFFITI;  AND BY AMENDING TITLE 13, GENERAL OFFENSES, CHAPTER 130, GENERAL OFFENSES, SECTION 130.13, WEAPONS AND ANIMAL TRAPS.

 

            Placed on the agenda by the Town Prosecutor at the direction of Town Council, Town of Cave Creek.

           

Public Comment

Council Action Needed:            Motion to approve or deny approval of First Reading of Ordinance No. O2005-07.

 

Narrative:  This is a request for Council to approve First Reading of an Ordinance that decriminalizes certain sections of the Cave Creek Town Code.

 

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2.         PUBLIC HEARING AND ADOPTION OF RESOLUTION R2005-16 APPROVING THE FISCAL YEAR 2005-2006 FINAL BUDGET

 

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

 

This is a request for Council to hold a public hearing, then adopt resolution R2005-16 approving the Fiscal Year 2005-2006 budget and setting the alternative expenditure limitation amount for Fiscal Year 2005-06.

 

                        Public Hearing

Council Action Needed:            Following the Public Hearing, motion to approve or deny approval of Resolution R2005-16.

 

 

 

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3.         COUNCIL DISCUSSION AND RECOMMENDATION REGARDING A REQUEST FOR A PERSON TRANSFER OF A #6 BAR LIQUOR LICENSE FOR HAROLD’S CAVE CREEK CORRAL.

 

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

           

Public Comment

Council Action Needed:            Motion to recommend approval or denial of a Person Transfer of a #6 liquor license requested by Randy Nations as agent for Harold’s Cave Creek Corral, 6875 E. Cave Creek Rd., Cave Creek.

 

Narrative:  This is a request for the Council to recommend approval or denial of a Person Transfer of a #6 liquor license requested by Randy Nations as agent for Harold’s Cave Creek Corral, 6875 E. Cave Creek Rd., Cave Creek.

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

 

POSTED THIS  _________ day of May, 2005

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk