AMENDED 9/15/06
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,
SEPTEMBER 18, 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 5:30 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) (3), (4) and (7).
CALL TO ORDER
5:30 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
EXECUTIVE SESSION AGENDA
An Executive
Session will be held during the Regular Council Session for legal matters
pursuant to A.R.S. Section 38-431.03(A) (3), (4) and (7) as follows:
1.
Discussion
and consultation with the Town’s lawyers, for legal advice and discussion and
consultation with designated representatives of the public body in order to
consider its position and instruct its attorneys and representatives regarding
the Acquisition of the Desert Hills Water Company, including the following: a)
the purchase of the stock of the Desert Hills Water Company and the
consequences for the Town and Desert Hills Water Company; b) the proceedings of
the Arizona Corporation Commission (“ACC”) related to the stock purchase,
including, but not limited to, the circumstances and consequences related to
past and future proceedings and the ACC Emergency Preliminary Order; c) the
circumstances of the dissolution and continuation of the Desert Hills Water
Company and the consequences thereof; d) the existence and formation of a Board
of Directors and corporate officers for the Desert Hills Water Company; e) the
operation and management of the assets and facilities of the Desert Hills Water
Company, including issues related to the certified operator of the system and
sources of water for the system and service areas.
2. Discussion and
consultation with the Town’s lawyers for legal advice and discussion and
consultation with designated representatives of the public body to consider its
position on the status of current condemnation litigation and discuss and
direct the lawyers and designated representatives regarding any aspect of the
pending condemnation proceedings for:
a. Cave Creek Water Company and related
Water Issues, including acquisition matters and litigation proceedings.
Council
Action Needed: Motion to
convene into Executive Session.
The
Public Meeting will begin at 7:00 p.m. following the Executive Session. Due to
the lengthy agenda, this meeting may continue past midnight into Tuesday,
September 19, 2006.
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
No reports are scheduled for this meeting.
PRESENTATION- Black Mountain
Trail – Presentation on the Final Draft Concepts
ACTION ITEMS
I.
CONSENT AGENDA
A. Approval of the August 21, 2006 Regular
Council Meeting Minutes.
B. Approval of the September 5, 2006
Special Council Meeting Minutes.
Council Action Needed: Motion
to approve 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. COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF
RESOLUTION NO. R2006-20 A RESOLUTION OF INTENT BY THE MAYOR AND TOWN COUNCIL OF
THE TOWN OF CAVE CREEK, MARICOPA COUNTY, ARIZONA TO EXTEND AND INCREASE THE
CORPORATE LIMITS OF THE TOWN.
Placed on the agenda by Planning
Department, Town of Cave Creek.
Public Comment
Council Action Needed: Motion to approve Resolution
R2006-20 a Resolution of intent by the Mayor and Town Council of the Town of
Cave Creek, Maricopa County,
Arizona to extend and increase
the corporate limits of the Town.
Narrative: This is a request for Council to approve a resolution of intent by the
Mayor and Town Council to extend and increase the corporate limits of the Town.
P.3
2. COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF
RESOLUTION NO. R2006-21 A RESOLUTION OF INTENT BY THE MAYOR AND TOWN COUNCIL OF
THE TOWN OF CAVE CREEK, MARICOPA COUNTY, ARIZONA TO EXTEND AND INCREASE THE
CORPORATE LIMITS OF THE TOWN.
Placed on the agenda by Planning
Department, Town of Cave Creek.
Public Comment
Council Action Needed: Motion to approve Resolution
R2006-21 a Resolution of intent by the Mayor and Town Council of the Town of
Cave Creek, Maricopa County,
Arizona to extend and increase
the corporate limits of the Town.
Narrative: This is a request for Council to approve a resolution of intent by the
Mayor and Town Council to extend and increase the corporate limits of the Town.
PAGE# ITEM#
P.5
3. COUNCIL
DISCUSSION AND POSSIBLE APPROVAL OF RESOLUTION NO. R2006-22 A RESOLUTION OF
INTENT BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CAVE CREEK, MARICOPA
COUNTY, ARIZONA TO EXTEND AND INCREASE THE CORPORATE LIMITS OF THE TOWN.
Placed on the agenda by Planning
Department, Town of Cave Creek.
Public Comment
Council Action Needed: Motion to approve Resolution
R2006-22 a Resolution of intent by the Mayor and Town Council of the Town of
Cave Creek, Maricopa County,
Arizona to extend and increase
the corporate limits of the Town.
Narrative: This is a request for Council to approve a resolution of intent by the
Mayor and Town Council to extend and increase the corporate limits of the Town.
P.7
4. BID AWARD: AWARD OF BID TO AAA
LANDSCAPE AS LOWEST RESPONSIBLE BIDDER FOR STREETSCAPE CONSTRUCTION CONTINGENT
UPON TOWN COUNCIL APPROVAL OF A CONTRACT AND AUTHORIZE STAFF TO NEGOTIATE A
CONTRACT WITH AAA LANDSCAPE FOR AN AMOUNT NOT TO EXCEED $788,000, SUBJECT TO
COUNCIL APPROVAL.
Placed on the agenda by Planning
Department, Town of Cave Creek.
Public Comment
Council Action Needed: Motion to award bid to AAA
Landscape as the lowest responsible bidder for streetscape construction contingent
upon Town Council approval of a contract and authorize Staff to negotiate a
contract with AAA Landscape for an amount not to exceed $788,000, subject to
Council approval.
Narrative: This is a request for
Council to award a bid to AAA Landscape as the lowest responsible
bidder for streetscape construction contingent upon Town Council approval of a
contract and authorize Staff to negotiate a contract with AAA Landscape for an
amount not to exceed $788,000, subject to Council approval.
PAGE# ITEM#
P.28
5. DISCUSSION AND POSSIBLE AUTHORIZATION
TO ENTER INTO A CONTRACT WITH 3D/INTERNATIONAL, INC IN CONNECTION WITH THE
SANITARY SEWER SYSTEM EXPANSION PROJECT. (continued from the August 21, 2006 Town Council
Meeting)
Placed on the agenda by the Town
Administration, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to authorize
entering into a contract with 3D/International, Inc. in an amount not to exceed
$75,000.
Narrative: This is a request for the Council to give
authorization to enter into a contract with 3D/International, Inc. to provide
owner-agent services in connection with the sanitary sewer system expansion
project in an amount not to exceed $75,000.
P.39
6. PUBLIC HEARING AND COUNCIL DISCUSSION
REGARDING THE RECONSIDERATION OF RENEWING A SPECIAL USE PERMIT - CASE SUP-97-04 JIM LANGAN/FULL CIRCLE
RANCH BED & BREAKFAST
Placed on the agenda by Planning
Department, Town of Cave Creek.
CASE
NO. SUP-97-04 JIM LANGAN/FULL CIRCLE
RANCH BED & BREAKFAST SPECIAL USE PERMIT
OWNER: JIM
LANGAN
APPLICANT: JIM LANGAN
APN: 211-64-006G
LOCATION: 40205 N. 26TH STREET
REQUEST: Reconsideration, including conditions of
approval and the possibility of revocation, amendment and/or renewal of the
permit for Case No. SUP-97-04: Jim
Langan/Full Circle Ranch Bed & Breakfast
Public Hearing
Council Action Needed: Motion to approve renewal of a Special Use Permit;
Case No. SUP-97-04 Jim Langan/Full Circle Ranch Bed & Breakfast, including
any conditions of approval.
PAGE# ITEM#
P.138
7. PUBLIC HEARING AND POSSIBLE APPROVAL OF A
SPECIAL USE PERMIT - CASE SUP-05-02 DAVID LEWIS-PARKING AND RECREATIONAL USES
IN SUPPORT OF A RESORT HOTEL
Placed
on the agenda by Planning Department, Town of Cave Creek.
CASE
NO. SPR-05-02
SPECIAL USE PERMIT – PARKING AND RECREATIONAL USES IN SUPPORT OF A
RESORT HOTEL FOR DAVID LEWIS
OWNER: DAVID LEWIS
APPLICANT: DAVID LEWIS
ASSESSOR PARCEL NO. 216-07-040
LOCATION: GENERALLY LOCATED NORTH OF THE NORTHEAST
CORNER OF CAVE CREEK ROAD
AND GALLOWAY ROAD
REQUEST: APPROVAL OF CASE SUP-05-02 PARKING AND RECREATIONAL USES IN SUPPORT
OF A RESORT HOTEL FOR DAVID LEWIS – SPECIAL USE PERMIT.
Public Hearing
Council Action Needed: Motion
to approve Special Use Permit for Case No. SUP-05-02 Parking and
Recreational Uses in support of a Resort Hotel for David Lewis, subject to any
conditions of approval.
P.171
8. PUBLIC
HEARING AND POSSIBLE APPROVAL OF A SPECIAL USE PERMIT - CASE SUP-06-02 DAVID
LEWIS-RESORT HOTEL
Placed on
the agenda by Planning Department, Town of Cave Creek.
CASE NO. SUP-06-02 David
Lewis – Resort Hotel
OWNER: David Lewis
APPLICANT: David Lewis
ASSESSOR PARCEL NO. 216-07-057A
LOCATION: Generally located north of the Northeast
corner of Cave Creek Rd.
and Galloway Rd.
REQUEST: Approval of Case No. SUP-06-02 – Resort Hotel for David
Lewis – Special Use Permit for a 50-room resort hotel.
Public Hearing
Council Action Needed: Motion to approve case SUP-06-02 – Resort Hotel for David Lewis – Special
Use Permit for a 50-room resort hotel, subject to the conditions of approval.
PAGE# ITEM#
P.200
9. PUBLIC HEARING AND POSSIBLE SITE PLAN
APPROVAL - CASE SPR-06-04 RANCHO VERDE DEL
RIO
Placed
on the agenda by Planning Department, Town of Cave Creek.
CASE NO. SPR-06-04
Rancho Verde del Rio
– Site Plan Review
OWNER/
APPLICANT: David H. Kipper/Robert E. Herndon &
Associates, Inc.
ASSESSOR PARCEL NO. 211-11-047A
LOCATION: Generally
located along the west side of North
Basin Rd. and south of E.
Cave Creek Rd.
REQUEST: Approval for Case No.: SPR-06-04 Rancho Verde del Rio – Site Plan for a 13-unit Residential Condominium
project on a lot of approximately 95,527 sq. ft.
Public Hearing
Council Action Needed: Motion to approve site plan; case #SPR-06-04
Rancho Verde del Rio for a 13-unit residential
condominium project on a lot of approximately 95,527 square feet, subject to
the conditions of approval.
P.225
10. PUBLIC
HEARING AND POSSIBLE PRELIMINARY PLAT APPROVAL - CASE P-06-03 RANCHO VERDE DEL RIO
Placed on
the agenda by Planning Department, Town of Cave Creek.
CASE NO. P-06-03 – Rancho Verde del Rio – Preliminary Plat
OWNER: David H. Kipper
APPLICANT: Robert E. Herndon & Associates, Inc.
ASSESSOR PARCEL NO. 211-11-047A
LOCATION: Generally
located west of North Basin Rd.
and south of East Cave Creek Road
REQUEST: Approval for Case No.: P-06-03 Rancho Verde del Rio – Preliminary Plat, a request for Preliminary Plat approval for a 13-unit
residential condominium project
Public Hearing
Council Action Needed: Motion to approve case P-06-03 – Rancho Verde del Rio – Preliminary Plat – for a 13-unit residential
condominium project, subject to the conditions of approval.
PAGE# ITEM#
P. 248
11. PUBLIC HEARING AND DISCUSSION ON
RESOLUTION R2006-19: A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF CAVE CREEK, ARIZONA, FOR RATIFICATION AND REAFFIRMATION OF THE PUBLIC
HEARING PROCESS FOR RESOLUTION NO.
R2005-07; FOR RATIFICATION AND REAFFIRMATION OF RESOLUTION NO. R2005-07 WHICH
INCLUDED THE DECLARATION OF A PUBLIC NEED AND NECESSITY AND A PUBLIC PURPOSE,
THE AUTHORIZATION AND DIRECTION TO THE TOWN MANAGER, TOWN ATTORNEY AND TOWN
CLERK TO TAKE ANY AND ALL ACTION NECESSARY, INCLUDING ANY COURT ACTION
INVOLVING CONDEMNATION/EMINENT DOMAIN, TO SIGN ANY AND ALL DOCUMENTS, AND TO
PAY ANY AND ALL COSTS OR FEES IN ORDER TO ACQUIRE REAL AND/OR PERSONAL PROPERTY
OF THE ENTITIES KNOWN AS THE CAVE CREEK WATER COMPANY AND PACER EQUITIES CO.,
LOCATED WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE TOWN OF CAVE CREEK, AND
IDENTIFYING THE REAL AND PERSONAL PROPERTY AS A DOMESTIC WATER COMPANY; FOR
RATIFICATION OF THE FILING AND PROSECUTION OF THE EXISTING CONDEMNATION
PROCEEDINGS KNOWN AS TOWN OF CAVE CREEK
v. CAVE CREEK WATER CO., ET AL., CV2005-005882 IN THE MARICOPA COUNTY SUPERIOR COURT; AND FOR AUTHORIZING AND
DIRECTING THE TOWN MANAGER, TOWN ATTORNEY AND TOWN CLERK TO TAKE ANY AND ALL
ADDITIONAL ACTION, INCLUDING THE FILING AND PROSECUTION OF A CONDEMNATION
ACTION, IN ORDER TO ACQUIRE THE REAL AND/OR PERSONAL PROPERTY OF THE ENTITIES
KNOWN AS THE CAVE CREEK WATER COMPANY AND PACER EQUITIES CO., LOCATED WITHIN
AND WITHOUT THE CORPORATE LIMITS OF THE TOWN OF CAVE CREEK.
Placed on the agenda by the Mayor,
Town of Cave Creek
Public Hearing
Council
Action Needed: Motion
to approve Resolution R2006-19: (Council will read the Resolution in its
entirety.)
Narrative: This is a request for the Council to hold a public
hearing regarding the subject matter of Resolution R2006-19. This will be the
second of two public hearings to: 1) ratify the adoption of Resolution R2005-07
which authorized the condemnation of the properties of the Cave Creek Water
Company and Pacer Equities Company, 2) ratify the filing and prosecution of the
existing condemnation case: Town of Cave Creek v. Cave Creek Water Co., and 3)
to authorize the Town Manager, Town
Clerk and Town Attorney to take such additional actions, including the filing
and prosecution of a new condemnation action, necessary for the acquisition of
the properties of the Cave Creek Water Company and Pacer Equities Company. The first Public Hearing on this subject matter
was held at the Special Council Meeting on September 5, 2006.
P.
12. The Mayor may request this item be
considered earlier in the meeting. COUNCIL DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE
THE TOWN MANAGER, AS AUTHORIZED REPRESENTATIVE AND PROXY FOR THE TOWN OF CAVE
CREEK, TO VOTE ON ANY MATTER WHICH COMES BEFORE THE STOCKHOLDERS OF DESERT
HILLS WATER COMPANY, AND SPECIFICALLY AUTHORIZING HIM TO VOTE TO APPOINT THE
MAYOR AND MEMBERS OF THE TOWN COUNCIL TO BE THE BOARD OF DIRECTORS OF DESERT
HILLS WATER COMPANY AND TO APPROVE A PLAN FOR THE COMPLETE LIQUIDATION AND
DISSOLUTION OF DESERT HILLS WATER COMPANY.
Placed on the agenda by the Town
Manager, Town of Cave Creek
Public Comment
Council Action Needed: Motion to authorize the Town Manager, as authorized
representative and proxy for the Town of Cave Creek, to vote on any matter
which comes before the stockholders of Desert Hills Water Company, Inc., and
specifically authorizing him to vote to elect the Mayor and members of the Town
Council to be the Board of Directors of Desert Hills Water Company, Inc., and
to approve a plan for the complete liquidation and dissolution of Desert Hills
Water Company, Inc.
Narrative: Motion to authorize the Town Manager, as authorized representative and
proxy for the Town of Cave Creek, to vote on any matter which comes before the
stockholders of Desert Hills Water Company, Inc., and specifically authorizing
him to vote to elect the Mayor and members of the Town Council to be the Board
of Directors of Desert Hills Water Company, Inc., and to approve a plan for the
complete liquidation and dissolution of Desert Hills Water Company, Inc.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS _________ day of September, 2006
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk