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MINUTES

SPECIAL WORK SESSION

TOWN OF CAVE CREEK, ARIZONA

MONDAY, JUNE 10, 2002

 

CALL TO ORDER:  Mayor Francia called the meeting to order at 7:05p.m. at the Cave Creek Town Hall, 37622 N. Cave Creek Road, Cave Creek, Arizona.

 

ROLL CALL: Silent Roll Call by Town Clerk Carrie A. Dyrek

 

Council Present:         Mayor Vincent Francia, Vice Mayor Ralph Mozilo, Council Members Grace Meeth, Shea Stanfield and Jerry Whitmore,

 

Council Absent:          Council Members Bruce Flickinger and Gilbert Lopez

 

Staff Present:             Town Manager             Usama Abujbarah

Town Clerk                               Carrie A. Dyrek

Director of Planning                   Ian Cordwell

Senior Planner               Larry Sahr

Planning Assistant                      Marie Carsia

 

1.        Town Council Discussion and Review of the Proposed Updated Zoning Ordinance, which would repeal and replace the current Zoning Ordinance.  The discussion will focus on Chapter 9, Overlay Zones and Chapter 19 Special Events, time permitting, of the proposed Zoning Ordinance, but other Sections may also be discussed.

 

CHAPTER 19 SPECIAL EVENTS

 

Cordwell reported that Chapter 19 Special Events comments had been forwarded to the Attorney and had been returned with substantial comments.  This Chapter did not go before the Planning Commission before it had been advertised.  This has to come before the Commission in a special meeting on June 25th and we would like Council to have additional input.

 

Sahr stated that Bisman had commented that two other Attorneys were in her office to review the Ordinance and they were primarily concerned about how it was structured.

 

Sec. 19.0 purpose

 

Dan Piacquadio, Harold’s Corral, inquired if the poker rally really falls under a special event.  The Zoning Administrator stated it does not qualify as a Special Event.

 

Mozilo stated it had never been a problem so we should leave it alone.

 

Mark Peagler, Frontier Town inquired about a car show.  It isn’t listed as allowed.

 

Meeth suggested categories of major or minor events, where only “major” events would require a permit.

 

Larry Wendt, Buffalo Chip Saloon, stated that he thought the intent of the Ordinance re-write was to clear up ambiguities.  He brought up examples, such as bull-riding events and their petting zoo.  Would these require a permit?  It is not clear.  There is nothing in this Ordinance referring to numbers of people attending an event.

 

Mark Peagler suggested a different definition of a “Special Event”.

 

Larry Wendt and Dan Piacquadio suggested eliminating the list of events.

 

Whitmore agreed with Meeth’s approach of major and minor events.

 

Mozilo suggested language to define a “major event” … perhaps any event attracting a certain number of people to the event … say 1,0000 people.

 

Meeth stated that “vendors” is a different issue and needs to be defined.  Vendors are continually present and generate traffic.

 

Mark Peagler stated that a simple solution is to require business licenses.  Another business owner running bike rallies agreed.  Most cities regulate vendors by issuance of a business license.

 

Larry Wendt would like to have two arts and crafts fairs on his property each year.  He doesn’t want to fight with other businesses that also have the room to hold an Arts and Craft Fair.

 

Mozilo suggested adding the limit of “types” of events does not apply to businesses in Town.  The center of Cave Creek property is land, not a business.

 

Dan Piacquadio stated that Special Events and Vendors should be dealt with separately. 

 

Peagler stated that the size of an event must be tied to the square footage of property so a small business could not generate the same traffic, etc. as a larger business.

 

Whitmore explained that the Town is a Program City with regard to sales tax collection, which is done for the Town by the Department of Revenue.  The Town would need to enact a Business Ordinance License to accomplish the control of vendors.

 

Abujbarah recapped that we have come down to defining two groups, local businesses and outside vendors.  We also need to define the size of an event.

 

Peagler responded to Francia that to start over, he suggested a small group of merchants and a couple Council members and Staff write a new Ordinance.

 

This was a consensus to separately bring forward a Business License Ordinance.

SEC. 19.8 EXEMPTIONS

(A)(1) Add, “licensed” to read “Multiple Licensed Businesses…”

 

19.1 DEFINITIONS

Last sentence, delete “uses or activities” and insert “events”.

 

19.8 EXEMPTIONS

Add a number “4”.  The business conducts business on its own property.

 

Sec. 19.4 application procedure

A.     Preliminary Permit Approval

1.      Delete last sentence and insert 19.8 (D) paragraph: “An existing business operating from a permanent building within the Town and having a Special Event, whose principal revenues benefit a 501c3 charity, may be allowed to submit a complete application to the Zoning Administrator thirty (30) days prior to the date the Special Event is to begin.”

 

Muller expressed her concern with citizens complaining about noise from music so this needs some kind of regulation.

 

Mozilo recapped addition of 19.8(A)(4): “The business conducts an event on its own property and the event generates less than 1000 people.”

 

Meeth stated that the Town could deal with Arts and Crafts through Business License in regulating vendors.

 

Muller requested eliminating the “1000 people” figure and basing the determination of whether or not a permit is needed on some type of square footage.  It would be difficult to enforce a 1000 person limit.

 

Larry Wendt stated that he was saying there should be a permit for events that affect the health, safety and welfare of the Town.

 

Abujbarah stated that the Town needs to limit the extension for a Special Event to the square footage of the structure/building because the parking is tied to the square footage of buildings.

 

Wendt responded that that works for most businesses but his structure is only about 5000 square feet and they have about 300,000 square feet of parking.

 

Mozilo suggested the following language: “The business owner has sufficient property to conduct the event and handle the parking for the event.”

 

SEC. 19.8 EXEMPTIONS

Mozilo suggested (4): “The local, existing business provides an event on its own property and provides to the Town a “Notice of Event” 30 days prior, including the required information on a checklist.”

 

Peagler reiterated the need for a Business License.

 

The session adjourned at 10:20 p.m.

 

 

 

SUBMITTED BY:                                                     APPROVED BY:

 

 

__________________________________                ____________________________________

Carrie A. Dyrek                                                         Vincent Francia

Town Clerk                                                                 Mayor

 

 

CERTIFICATION

 

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Work Session of the Town Council of Cave Creek held on the 10th day of June, 2002.  I further certify that the meeting was duly called and held and that a quorum was present.

 

                                                            Dated this __________ day of __________________ 2002

 

 

 

SEAL                                                   ________________________________________________

                                                                        Carrie A. Dyrek, Town Clerk