AMENDED
12/01/06
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,
DECEMBER 4, 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
No reports are scheduled for this meeting.
ACTION ITEMS:
I.
CONSENT AGENDA
A.
Approval of the November 6, 2006 Regular Council
Meeting Minutes.
B.
Cancellation of the December 18, 2006 Regular Town
Council Meeting.
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. INTRODUCE,
DISCUSS, AMEND, IF DESIRED, AND CONSIDER ACTION ON RESOLUTION R2006-28 AUTHORIZING
THE PURCHASE OF LAND SUITABLE FOR A WASTEWATER TREATMENT PLANT AND RECHARGE
SITE; APPROVING A LOAN AGREEMENT BETWEEN THE TOWN AND THE WATER INFRASTRUCTURE
FINANCE AUTHORITY OF ARIZONA TO PROVIDE FOR A PORTION OF THE PURCHASE PRICE OF
SUCH SITE, AND TO DESIGN, A NEW WASTE WATER TREATMENT PLANT AND PAY COSTS
ATTENDANT TO THE SITE PURCHASE AND THE LOAN AGREEMENT; AND AUTHORIZING THE
EXPENDITURE OF TOWN FUNDS TO COVER THE PORTION OF THE SITE PURCHASE PRICE A ND
THE COSTS THEREOF THAT ARE NOT COVERED BY THE LOAN AGREEMENT, WITH AN EMERGENCY
CLAUSE.
Placed
on the agenda by the Towns’ Attorneys, Town of Cave Creek.
Public Comment
Council Action Needed: Motion to approve Resolution R2006-28 a
Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa
County, Arizona authorizing the purchase of land for a Wastewater Treatment and
Recharge Site; approving the Final Draft and authorizing the execution and
delivery of a Loan Agreement between the Town of Cave Creek, Arizona, and the
Water Infrastructure Finance Authority of Arizona evidencing a Loan from the
said Authority to the Town in an amount not to exceed $6,500,000; to pay for a
portion of the Land to be purchased and for engineering, legal and financial
expenses; authorizing and directing the Mayor and the Town Clerk to execute,
attest and deliver such Loan Agreement; pledging excess taxes to the payment of
the loan; authorizing the execution and delivery of all documents relating to
such loan; authorizing the expenditure of Town funds to purchase such land; and
declaring an emergency.
Narrative: This is
a request for Council to a resolution authorizing
the purchase of land suitable for a Wastewater Treatment Plant and recharge
site; approving a loan agreement between the Town and the Water Infrastructure
Finance authority of Arizona to provide for a portion of the purchase price of
such site, and to design, a new waste water treatment plant and pay costs
attendant to the site purchase and the loan agreement; and authorizing the
expenditure of Town funds to cover the portion of the site purchase price and
the costs thereof that are not covered by the loan agreement, with an emergency
clause.
PAGE# ITEM#
2a. APPROVAL OF DEEDS OF GIFT TO THE TOWN FOR
PERMANENT AND TEMPORARY EASEMENTS TO ENABLE THE CONSTRUCTION OF THE FIRST PHASE OF THE STREETSCAPE
IMPROVEMENT PROJECT. The
following temporary easements will expire one year from the effective date hereon:
Parcel no. 211-11-939 Grantor Treehouse Condominium: Parcel
no.211- 11-933 Grantor Kimberly K. Brennan:
Parcel no. 211-10-001G Grantor
Hiltner Mahon Company: Parcel no. 211-11-044F Grantor W T & J General
Partnership: Parcel no. 211-11-044G Grantor William A. Arsenault, Jr.. and Tracy A.Arsenault:
Parcel no. 211-10-047C Grantor Miguel A. Camarena and Brigett L. Camarena. The following easements are permanent
easements: Parcel no. 211-11-939 Grantor
Treehouse Condominiums: Parcel no. 211-11-933 Grantor
Kimberly K. Brennan: Parcel no. 211-10-001G Grantor Hiltner Mahon Company: Parrcel
no. 211-11-044F Grantor W T & J General Partnership: Parcel no. 211-11-044G Grantor William A.Arsenault, Jr. & Tracy
A. Arsenault: Parcel no.211-11-937
Grantor Flat Tire Bikes, LLC: Parcel no. 211-22-936 Grantor Floyd J.Wernimont:
Parcel no. 211-11-935 Grantor Blue Coyote Properties, LLC: Parcel no. 211-10-004A Grantor Frontier Enterprises
Placed
on the Agenda by the Planning Dept.
Town of Cave Creek
Public
Comment:
Council Action Needed: Motion to approve the Deeds of Gift to the
Town for permanent and temporary easements to
enable the construction of the first phase of the Streetscape Improvement
Project.
Narrative: This is a request for Council to approve
Deeds of Gift to the town for permanent and temporary easements for
construction of the first phase of the Streetscape Improvement Project.
P.90
2. COUNCIL DISCUSSION AND POSSIBLE
APPROVAL OF SECOND READING OF ORDINANCE O2006-23
ADOPTING “THE 2007 AMENDMENTS TO THE TAX CODE OF THE TOWN OF CAVE CREEK” BY REFERENCE; ESTABLISHING AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR
VIOLATIONS.
Placed on the agenda by the Town
Administration, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to give Second
Reading to Ordinance O2006-23 an Ordinance of the Mayor and Town Council of the
Town of Cave Creek, Arizona relating to the privilege license tax; adopting
“The 2007 Amendments to the Tax Code of the Town of Cave Creek” by reference;
establishing an effective date; providing for severability and providing
penalties for violations.
Narrative: This is a request for the Council to give Second
Reading to Ordinance O2006-23 relating to the privilege license tax; adopting
“The 2007 Amendments to the Tax Code of the Town of Cave Creek” by reference;
establishing an effective date; providing for severability and providing
penalties for violations.
P.122
3. AUTHORIZATION FOR THE MAYOR TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR IMPROVEMENTS TO CAREFREE
HIGHWAY AT CAVE CREEK ROAD IN ORDER TO RECEIVE $110,000 IN TAB SPECIAL PROJECT
FUNDS.
Placed on the agenda by the
Engineering Department, Town of Cave
Creek
Public Comment
Council
Action Needed: Motion to authorize the
Mayor to enter into an Intergovernmental Agreement with Maricopa County
for improvements to Carefree
Highway at Cave Creek Road.
Narrative: This is a request for the Council to authorize the
Mayor to enter into an Intergovernmental Agreement with Maricopa County
for improvements to Carefree
Highway at Cave Creek Road in order to receive
$110,000 in TAB Special Project Funds.
PAGE# ITEM#
P.127
4. AUTHORIZATION TO APPROVE A CONTRACT WITH
PARSONS-BRINCKERHOFF FOR DESIGN OF THE INTERSECTION IMPROVEMENT OF CAVE CREEK ROAD AND
CAREFREE HIGHWAY.
Placed on the agenda by the Engineering
Department, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to authorize Staff
to approve a contract with Parsons Brinckerhoff in the amount of $134,783.10
for the design of the Cave Creek Road/Carefree Highway Intersection Improvement
and authorize the Town Engineer, Town Manager and Town Attorney to negotiate,
approve and execute minor modifications to the attached contract.
Narrative: This is a request for the Council to authorize Staff
to approve a contract with Parsons Brinckerhoff in the amount of $134,783.10
for the design of the Cave Creek
Road/Carefree Highway Intersection Improvement.
P.161
5. COUNCIL DISCUSSION AND ACTION ON
RESOLUTION R2006-29 AUTHORIZING, RATIFYING, APPROVING AND AFFIRMING THE ASSET
TRANSFER AGREEMENT BETWEEN DESERT HILLS WATER COMPANY AND THE TOWN OF CAVE
CREEK, INCLUDING THE ENTITLEMENTS AND OBLIGATIONS CONTAINED WITHIN THE
SCHEDULES ATTACHED TO THE AGREEMENT AND APPROVING THE ACCEPTANCE OF ALL ASSETS,
INCLUDING REAL AND PERSONAL PROPERTY AND ALL OBLIGATIONS OF THE TRANSFER
AGREEMENT.
Placed on the agenda by the Towns’
Attorneys, Town of Cave Creek
Public Comment
Council Action Needed: Motion to approve Resolution R2006-29, a Resolution of the
Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona,
authorizing, ratifying, approving and affirming the Asset Transfer Agreement
between Desert Hills Water Company and the Town of Cave Creek, including the
entitlements and obligations contained within the schedules attached to the
agreement and approving the acceptance of all assets, including real and
personal property and all obligations of the transfer agreement..
Narrative: This is a request for the Council to authorize, ratify, approve and
affirm the Asset Transfer Agreement between Desert Hills Water Company and the
Town of Cave Creek, including the entitlements and obligations contained within
the schedules attached to the agreement and approving the acceptance of all
assets, including real and personal property and all obligations of the
Transfer Agreement.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS _________ day of December, 2006
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk