AMENDED 2/2/06
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
MONDAY,
FEBRUARY 6, 2006
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 6:30 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) (4).
CALL TO ORDER
6:30 P.M. Vincent Francia, Mayor, 37622 N. Cave Creek Road,
Cave Creek, AZ.
(NOTE: DUE TO THE LENGTHY AGENDA THIS
TOWN COUNCIL MEETING MAY CONTINUE PAST MIDNIGHT.)
ROLL CALL
Mayor Vincent Francia, Vice-Mayor Dick Esser, Council Members Kim
Brennan, Ernie Bunch, Gilbert Lopez, Thomas McGuire, and Grace Meeth
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 and consultation with the Town’s Attorney to
consider its position and instruct its attorneys in order to resolve current
litigation:
a. Southwest Sands vs. Town (CV2002-023188)
pursuant to A.R.S. Section 38-431.03(A)(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
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
1. Councilwoman
Grace Meeth will report on the recycling program.
ACTION ITEMS
I.
CONSENT AGENDA
A. Approval of the January 3, 2006 Regular
Council Meeting minutes.
B. Approval of Lot Split requested by
Shane Danner; 1.942 acres; parcel # 211-46-009 located at Cave Creek Rd. and Olesen Rd.
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 POSSIBLE FIRST READING OF ORDINANCE O2006-05 AMENDING
THE TOWN CODE OF THE TOWN OF CAVE CREEK TITLE I, GENERAL PROVISIONS, CHAPTER 10
GENERAL PROVISIONS, SECTION 10.05 – DEFINITIONS AND TITLE XIII – GENERAL
OFFENSES, SECTION 130.07 NUISANCES AS SET FORTH HEREIN. (This item is continued from the January 17, 2006 Town Council
Meeting.)
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 I, General Provisions, Chapter 10 General Provisions, Section
10.05 – Definitions and Title XIII – General Offenses, Section 130.07 Nuisances
as set forth herein.
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 I,
General Provisions, Chapter 10 General Provisions, Section 10.05 – Definitions
and Title XIII – General Offenses, Section 130.07 Nuisances as set forth herein.
This item amends the Town of Cave Creek
noise ordinance.
PAGE# ITEM#
P.15
2. DISCUSSION
AND POSSIBLE ACTION ON RESOLUTION NO. R2006-04 AND/OR DISCUSSION AND POSSIBLE
ACTION ON RESOLUTION R2006-05 PROVIDING ACCESS TO BLACK MOUNTAIN USING FEDERAL
RIGHTS OF WAY ACROSS PRIVATE PROPERTY.
Placed on the agenda by the Mayor, Town of Cave Creek
Public Comment
Council Action Needed: 1) Motion to approve Resolution R2006-04 a
Resolution of the Mayor and Town Council of the Town of Cave Creek, Arizona
declaring that a roadway patent easement, described in Exhibit ‘A’ is a
dedicated roadway easement and will be used for roadway purposes.
AND/OR
2) Motion to approve Resolution R2006-05 a
Resolution of the Mayor and Town Council of the Town of Cave Creek, Arizona
declaring that a roadway patent easement, described in Exhibit ‘A’ is a
dedicated roadway easement and will be used for roadway purposes.
P.30
3. DISCUSSION AND POSSIBLE SECOND 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 Second 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 Second 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.
PAGE# ITEM#
P.33
4. DISCUSSION AND POSSIBLE WAIVER OF SECOND READING AND ADOPTION OF
ORDINANCE O2006-12 REPEALING ORDINANCE NO. O2006-03 PURSUANT TO TOWN
CODE SECTION 30.56(B).
Placed
on the agenda by the Town Attorney, Town of Cave Creek
Public Comment
Council Action Needed: Motion to give First Reading of
Ordinance O2006-12, an Ordinance of the Mayor and Common Council of the Town of
Cave Creek, Maricopa County, Arizona, repealing Ordinance No. O2006-03 pursuant
to Town Code Section 30.56(B).
Narrative: Motion to give Second Reading to Ordinance O2006-12. The requested ordinance, if approved, would have the effect of repealing
Ordinance No. O2006-03, which amended to Town of Cave Creek Zoning Ordinance Appendix ‘A’.
PAGE# ITEM#
P.34
5. DISCUSSION AND POSSIBLE APPROVAL OF RESOLUTION R2006-03 AUTHORIZING THE
ACQUISITION OF REAL PROPERTY LOCATED IN THE TOWN LIMITS OF THE TOWN OF CAVE CREEK,
MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED IN EXHIBIT A
ATTACHED HERETO; AND AUTHORIZING AND DIRECTING THE MAYOR, MANAGER, TOWN CLERK
AND TOWN ATTORNEY TO DO ALL ACTS, EXECUTE ALL DOCUMENTS AND PAY ALL FEES
NECESSARY FOR THE ACQUISITION OF SAID REAL PROPERTY
Placed on the agenda by the Town Attorney,
Town of Cave Creek
Public Comment
Council Action Needed: Motion to approve Resolution R2006-03, A resolution of the Mayor and Common Council
of the Town of Cave Creek, Arizona, authorizing the acquisition of real
property located in the town limits of the Town of Cave Creek, Maricopa County,
Arizona, more particularly described in Exhibit A attached hereto; and
authorizing and directing the Mayor, Manager, Town Clerk and Town Attorney to
do all acts, execute all documents and pay all fees necessary for the
acquisition of said real property.
Narrative: Motion to approve Resolution of the Mayor and Common Council of the Town of Cave Creek, Maricopa
County, Arizona,
authorizing the acquisition of approximately 2.2 acres of real property to be
purchased from the Good Shepherd of the Hills Episcopal Church.
PAGE# ITEM#
P.53
6. DISCUSSION AND POSSIBLE RECOMMENDATION REGARDING A NEW #12 RESTAURANT
LIQUOR LICENSE FOR TROTTA’S GRILL.
Placed
on the agenda by the Planning Department, Town of Cave Creek
Public Comment
Council Action Needed: Motion to recommend approval to the
State Liquor Board of a new #12 Restaurant Liquor License requested by Timothy
John Trotta as agent for Trotta’s Grill, 6554 E, Cave Creek Rd.
Narrative:
Motion to recommend
approval to the State Liquor Board of a new #12 Restaurant Liquor License
requested by Timothy John Trotta as agent for Trotta’s Grill, 6554 E, Cave
Creek Rd.
P.54
7. DISCUSSION AND POSSIBLE APPROVAL OF RESOLUTION R2006-02 AUTHORIZING THE
MAYOR TO EXECUTE A FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN
THE MARICOPA COUNTY LIBRARY DISTRICT AND THE TOWN OF CAVE CREEK FOR PROVISION
OF CERTAIN LIBRARY SERVICES AND REIMBURSEMENTS.
Placed
on the agenda by the Town Administration, Town of Cave Creek
Public Comment
Council Action Needed: Motion to approve Resolution R2006-02,
a Resolution by the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona
authorizing the Mayor to execute a First Amendment to the Intergovernmental
Agreement between the Town of Cave Creek and Maricopa County Library District,
for provision of certain library services and reimbursements.
Narrative:
Motion to approve a resolution that
amends the IGA between the County Library District and the Town of Cave Creek. The
amendments include changing the rates that the District shall reimburse the
Town for Fiscal Year 2005-2006 to $24.50 per each non-resident user and for
Fiscal Year 2006-2007 $29.00 per each non-resident user.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS _________ day of February, 2006
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk