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AMENDED 4/12/06

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, APRIL 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

A.        Approval of March 20, 2006 Regular Council Meeting minutes.

B.         Accept Deed of Gift for dedicated easement for roadway, ingress, egress and public utilities purposes; assessor’s parcel 216-12-002W. Grantors are John and Grace Meeth.

C.        Accept Deed of Gift for dedicated easement for roadway, ingress, egress and public utilities purposes; assessor’s parcel 216-16-024C. Grantor is Tom Peterson.

 

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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ADDITION

1.         DISCUSSION AND POSSIBLE APPROVAL OF RESOLUTION R2006-09 AUTHORIZING THE TOWN TO ENTER INTO A DEVELOPMENT AGREEMENT WITH CAREFREE AND CAVE CREEK L.L.C. FOR THE CREATION OF A MEDIAN BREAK ON CAREFREE HIGHWAY .

 

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

           

                        Public Comment

Council Action Needed:         Motion to approve Resolution R2006-09, A Resolution of the Mayor and Council of Cave Creek, Arizona authorizing the Town to enter into the Development Agreement attached hereto with Carefree and Cave Creek L.L.C. for the creation of a median break on Carefree Highway.

 

Narrative: This is a request by the Attorney that the Town Council approve a Resolution authorizing the Town to enter into the Development Agreement attached hereto with Carefree and Cave Creek L.L.C. for the creation of a median break on Carefree Highway.   

 

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2.         DISCUSSION AND POSSIBLE MOTION TO ADOPT A LEGAL OPINION THAT ORDINANCE O2005-13 AMENDING THE ZONING ORDINANCE IS VOID.

 

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

           

                        Public Comment

Council Action Needed:         Motion to adopt the legal opinion provided by the Town’s Attorney, declare Ordinance O2005-13 void and no enforcement of the ordinance be enacted.

 

Narrative: This is a request by the Attorney that the Town Council adopt a legal opinion that declares the ordinance O2005-13 void and no enforcement of the ordinance is to be enacted.

 

 

 

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3.         DISCUSSION AND POSSIBLE APPROVAL OF RESOLUTION R2006-08, A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF CAVE CREEK, ARIZONA, DESIGNATING THE TOWN MANAGER TO DECLARE OFFICIAL INTENT ON BEHALF OF THE TOWN WITH RESPECT TO REIMBURSEMENT FROM PROCEEDS OF TAX-EXEMPT BONDS PURSUANT TO TREASURY REGULATIONS SECTION 1.150-2

 

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

           

                        Public Comment

Council Action Needed:         Motion to approve Resolution R2006-08 a resolution of the Mayor and Town Council of the Town of Cave Creek, Arizona designating the Town Manager to declare official intent on behalf of the town with respect to reimbursement from proceeds of tax-exempt bonds pursuant to treasury regulations section 1.150-2.

 

Narrative: The Town Accountant along with the Town’s Financial Consultant and Bond Attorney are requesting approval of Resolution R2006-08 pledging Town tax-exempt bonds be used for reimbursement.

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4.         DISCUSSION AND POSSIBLE AWARD OF BID TO WOODLAND SERVICES FOR CONSTRUCTION OF PHASE I OF THE SPUR CROSS TRAIL

 

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

           

                        Public Comment

Council Action Needed:         Motion to award a bid to Woodland Services for construction of Phase I of the Spur Cross Trail for an amount not to exceed $13,200.00.

 

Narrative: The Town Trails Coordinator is requesting Town Council to award a bid to Woodland Services for construction of phase I of the Spur Cross Trail for an amount not to exceed $13,200.00.

 

 

 

 

 

 

 

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5.         COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF RESOLUTION R2006-06 DECLARING THAT A WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA 2007 TECHNICAL ASSISTANCE GRANT HAS BEEN APPLIED FOR AND, IF AWARDED, IS INTENDED TO SUPPLEMENT THE EXPENSES INCURRED IN DESIGNING THE NEW WASTEWATER TREATMENT PLANT

 

 

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

           

                        Public Comment

Council Action Needed:         Motion to approve Resolution R2006-06 a resolution of the Mayor and Town Council of the Town of Cave Creek, Arizona declaring that a WIFA (Water Infrastructure Finance Authority of Arizona) 2007 Technical Assistance Grant has been applied for and, if awarded, is intended to supplement the expenses incurred in designing the new wastewater treatment plant (WWTP).

 

Narrative: The Town Engineering Department is requesting approval of Resolution R2006-06 in support of a grant application to the Water Infrastructure Finance Authority.

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6.         COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF RESOLUTION R2006-07 DECLARING THAT A WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA 2007 TECHNICAL ASSISTANCE GRANT HAS BEEN APPLIED FOR AND, IF AWARDED, IS INTENDED TO SUPPLEMENT THE EXPENSES INCURRED IN DESIGNING THE COLLECTION SYSTEM FOR THE NEW WASTEWATER TREATMENT PLANT

 

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

           

                        Public Comment

Council Action Needed:         Motion to approve Resolution R2006-07 a resolution of the Mayor and Town Council of the Town of Cave Creek, Arizona declaring that a WIFA (Water Infrastructure Finance Authority of Arizona) 2007 Technical Assistance Grant has been applied for and, if awarded, is intended to supplement the expenses incurred in designing the collection System for the new wastewater treatment plant (WWTP).

 

Narrative:  The Town Engineering Department is requesting approval of Resolution R2006-07 in support of a grant application to the Water Infrastructure Finance Authority.

 

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7.         PUBLIC HEARING AND POSSIBLE APPROVAL OF A SITE PLAN FOR CAVECREEK RESORT & CASITAS – CASE SPR-05-14.

 

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

 

                        CASE NUMBER:        SPR-05-14 Cave Creek Resort

                        APPLICANT/                Cave Creek Resort, LLC

                        OWNER:                       

                        APN:                             211-09-007G & 211-09-970A

                        LOCATION:                 Northwest corner of Cave Creek Rd and School House Rd

REQUEST:                    Approval for Case No.: SPR-05-14 Cave Creek Resort & Casitas, Site Plan Review for approval of a 252-unit full service resort, subject to conditions listed in Exhibit L.

                        Public Hearing

Council Action Needed:         Motion to approve the site plan, case SPR-05-14- Cave Creek Resort & Casitas for a 252-unit full service resort, subject to the conditions in Exhibit L.

 

Narrative:       This is a request for Council to hold Public Hearing and to approve a site plan for 252-unit full service resort, subject to the conditions in Exhibit L.

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8.         PUBLIC HEARING AND POSSIBLE APPROVAL OF A PRELIMINARY PLAT FOR CAVE CREEK RESORT & CASITAS – CASE P-05-04

 

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

 

CASE NUMBER:        P-05-04 Cave Creek Resort & Casitas – Preliminary Plat

                        OWNER:                     Cave Creek Resort, LLC

                        APPLICANT:             

                        PARCEL NUMBERS: 211-10-001H and 001J

LOCATION:                 Northwest corner of Cave Creek Rd and School House Rd

REQUEST:                    Approval of Case No. P-05-04 – Cave Creek Resort & Casitas – Preliminary Plat for 252-unit full service condominium resort, subject to the conditions in Exhibit M.

                        Public Hearing

Council Action Needed:         Motion to approve the Preliminary Plat for Cave Creek Resort & Casitas, Case P-05-04, for a 252-Unit Full Service Condominium Resort, subject to conditions listed in Exhibit M.

 

Narrative:       This is a request for Council to approve a Preliminary Plat, case P-05-04 for 252-unit full service condominium resort, subject to the conditions in Exhibit M.

 

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9.         PUBLIC HEARING AND POSSIBLE APPROVAL OF A SPECIAL USE PERMIT, CASE SUP-05-03 – CAVE CREEK RESORT & CASITAS.

 

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

 

                        CASE NUMBER:        SUP-05-03 CAVE CREEK RESORT LLC

                        APPLICANT/                Cave Creek Resort LLC

                        OWNER:                       

                        APN:                             211-09-007G & 211-09-970A

                        LOCATION:                 Northwest corner of Cave Creek Rd and School House Rd

REQUEST:                    Approval for Case No.: SUP-05-03 Cave Creek Resort & Casitas, Special Use Permit for 252-unit full service condominium resort, subject to the conditions in Exhibits L & M.

 

                        Public Hearing

Council Action Needed:         Motion to approve a Special Use Permit, case SUP-05-03, for 252-unit full service condominium resort, subject to the conditions listed in Exhibits L & M.

 

Narrative:       This is a request for Council to hold Public Hearing and to approve a Special Use Permit, case SUP-05-03 for 252-unit full service condominium resort, subject to the conditions in Exhibits L & M.

 

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

 

 

POSTED THIS  _________ day of April, 2006

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk