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.
PAGE# ITEM#
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.
P.1
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.
PAGE# ITEM
P.7
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.
P.12
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.
PAGE# ITEM
P.17
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.
P.23
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.
PAGE# ITEM
P.29
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.
P.93
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.
PAGE# ITEM
P.103
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