3/29/07
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 2, 2007
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 discussing or 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 for this meeting.
ACTION ITEMS:
A. CONSENT AGENDA
1. Approval of the February 20, 2007
Regular Council Meeting Minutes.
2. Approval of the March 5, 2007 Regular
Council Meeting Minutes
Council
Action Needed: Motion to
approve the Consent Agenda.
B. 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 hand it to the Town Clerk. The Town Clerk will call your name at the
appropriate time. Please limit your
comments to three (3) minutes. Copies
of any reports, photographs, diagrams, charts, maps, or other materials
presented to the Council must also be given to the Town Clerk for inclusion in
the Official Town Record.
P.1
1. PUBLIC HEARING, COUNCIL DISCUSSION AND
POSSIBLE ACTION TO DELETE STIPULATION 22 OF THE APPROVED SITE PLAN REGARDING
SERVICE ACCESS VIA VERMEERSCH ROAD; CASE SPR-06-07 (This item is continued from
the March 19, 2007 Town Council Meeting.)
Placed on the agenda by the
Planning Department, Town of Cave
Creek
APPLICANT/ Stagecoach Village, LLC
OWNER:
PARCEL #: 211-09-007G and 211-09-970A
ADDRESS: 7038 E. Cave Creek Road
ZONING: Commercial Core (CC) Zone
REQUEST: Approval of Case SPR-06-07 – Stagecoach Village-
deleting a stipulation which states “Delivery
and service vehicles shall be required to access the project via Vermeersch Road. In
case of flooding, those vehicles shall use Main Street into the project.” of
the approved site plan at the request of the applicant.
Public Hearing
Council Action Needed: Motion to approve case
SPR-06-07, deleting Stipulation 22 of the approved site plan (from case SPR-03-04)
regarding service access via Vermeersch
Road.
Narrative: Council will hold a public
hearing, then discuss and possibly take action to delete Stipulation 22 of an
approved site plan, which states “Delivery and service vehicles shall be
required to access the project via Vermeersch Road. In case of flooding, those
vehicles shall use Main Street
into the project.” This action is being requested by the applicant.
PAGE# ITEM#
P.39
2. COUNCIL DISCUSSION AND POSSIBLE ACTION TO APPROVE RESOLUTION NO.
R2007-07 SETTING FORTH THE OFFICIAL RETURNS AND APPROVING THE OFFICIAL CANVASS
OF THE PRIMARY ELECTION HELD ON MARCH 13, 2007.
Placed on the agenda by the Town
Clerk, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to approve or deny
resolution R2007-07, A Resolution of the Mayor and Town Council of the Town of
Cave Creek setting forth the official returns and approving the official
canvass of the Primary Election held on March 13, 2007.
Narrative: This is a request for the Council to consider and,
if deemed advisable, to adopt a resolution declaring the results of the Primary
Election held in and for the Town of Cave Creek, Arizona on March 13, 2007.
P. 44
3. COUNCIL DISCUSSION AND POSSIBLE ADOPTION
OF ORDINANCE O2007-05 RELATING TO THE PRIVILEGE LICENSE TAX; AMENDING ORDINANCE
NO. 97-01 AND THE TOWN TAX CODE; DESIGNATING HOW THE TAX PROCEEDS WILL BE
ALLOCATED; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICATION OF TAX PROCEEDS
TO CERTAIN CONTRACTS AND DECLARING AN EMERGENCY.
Placed on the agenda by the Towns
Attorneys.
Public Comment
Council
Action Needed: 1)Motion
to suspend the rules and dispense with the rule requiring two readings of an
ordinance allowing immediate passage of the ordinance should Council vote in
the affirmative.
2) Motion to adopt Ordinance O2007-05 an Ordinance of
the Mayor and Common Council of the Town of Cave Creek, Maricopa County,
Arizona, relating to the privilege license tax; amending Ordinance No. 97-01
and the Town Tax code; designating how the tax proceeds will be allocated;
providing for severability; providing for application of tax proceeds to
certain contracts and declaring an emergency.
Narrative: Council will discuss and possibly adopt an ordinance
amending portions of the sales tax ordinance 97-01 and amending the Town Tax
Code to permit the pledging of excise taxes to pay any bonds, loan agreements
or other obligations issued or incurred to finance water or sewer utilities. In
order to allow immediate passage, Council must first vote to suspend the rules
and dispense with the rule requiring passage by two readings of the ordinance.
This ordinance includes an emergency clause. (THIS IS NOT A NEW TAX. THIS ORDINANCE
AMENDS ORDINANCE NO. 97-01 PERTAINING TO THE ½% SALES TAX FOR THE SEWER
SYSTEM.)
PAGE# ITEM#
P. 46
4. COUNCIL DISCUSSION AND POSSIBLE
ADOPTION OF ORDINANCE O2007-06 RELATING TO THE PRIVILEGE LICENSE TAX; AMENDING
ORDINANCE NO. O99-03 AND THE TOWN TAX CODE; DESIGNATING HOW THE TAX PROCEEDS
WILL BE ALLOCATED; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICATION OF TAX
PROCEEDS TO CERTAIN CONTRACTS AND DECLARING AN EMERGENCY.
Placed on the agenda by the Towns
Attorneys.
Public Comment
Council
Action Needed: 1)Motion
to suspend the rules and dispense with the rule requiring two readings of an
ordinance allowing immediate passage of the ordinance should Council vote in
the affirmative.
2) Motion to adopt Ordinance O2007-06 an Ordinance of
the Mayor and Common Council of the Town of Cave Creek, Maricopa County,
Arizona, relating to the privilege license tax; amending Ordinance No.O99-03
and the Town Tax code; designating how the tax proceeds will be allocated;
providing for severability; providing for application of tax proceeds to
certain contracts and declaring an emergency.
Narrative: Council will discuss and possibly adopt an ordinance
amending portions of the sales tax ordinance O99-03 and amending the Town Tax
Code to permit the pledging of excise taxes to pay any bonds, loan agreements
or other obligations issued or incurred to finance water or sewer utilities. In
order to allow immediate passage, Council must first vote to suspend the rules
and dispense with the rule requiring passage by two readings of the ordinance.
This ordinance includes an emergency clause. (THIS IS NOT A NEW TAX. THIS ORDINANCE
AMENDS ORDINANCE NO. O99-03PERTAINING TO THE ½% SALES TAX FOR SPUR CROSS
RANCH.)
PAGE# ITEM#
P.48
5. COUNCIL
INTRODUCTION, DISCUSSION, AMENDMENT, IF DESIRED,
AND POSSIBLE APPROVAL OF A RESOLUTION R2007-08 APPROVING
THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CREDIT AND PLEDGE
AGREEMENT BETWEEN THE TOWN OF CAVE CREEK, ARIZONA AND BANK OF AMERICA, N.A.,
EVIDENCING A LOAN TO THE TOWN; PLEDGING EXCISE TAXES, WATER DEVELOPMENT
FEES AND THE NET REVENUES OF THE CAVE CREEK WATER COMPANY SYSTEM TO THE PAYMENT
OF THE LOAN; AUTHORIZING THE MAYOR, CLERK AND TOWN MANAGER TO DO ALL THINGS
NECESSARY TO COMPLETE THE LOAN AND TO USE THE PROCEEDS OF THE LOAN TO PAY OFF ALL
REMAINING AMOUNTS OWED WITH RESPECT TO THE PURCHASE OF THE CAVE CREEK WATER
COMPANY’S WATER SYSTEM; AND DECLARING AN EMERGENCY. (The form of
the Credit and Pledge Agreement is on file with the Town Clerk.)
Placed on the agenda by the Towns
Attorneys, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to approve Resolution
R2007-08, A Resolution of the Mayor and Common Council of the Town of Cave
Creek, Maricopa County, Arizona, approving the form and authorizing the
execution and delivery of a Credit and Pledge Agreement between the Town of Cave
Creek, Arizona and Bank of America, N.A., evidencing a loan to the Town in an
amount not to exceed $17,750,000; authorizing and directing the Mayor and the
Town Clerk to execute, attest and deliver such Credit and Pledge Agreement;
pledging Excise Taxes, Water Development Fees and the Net Revenues of the Cave
Creek Water Company system to the payment of the loan; authorizing the Mayor,
Clerk and Town Manager to do all things necessary to complete the loan; and
declaring an emergency.
Narrative: This resolution
permits the Town to pay off the existing purchase agreement with respect to the
purchase of the Cave Creek Water Company’s water utility system through a
bridge loan from Bank of America. The
purchase agreement bears interest at 81/4% per annum, while the initial interest rate to be paid by the Town is
expected to be near 4% per annum. The
bridge loan is expected to be taken out within several months by a loan from
the Water Infrastructure Finance Authority of Arizona.
PAGE# ITEM#
P.87
6. COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF A RESOLUTION
R2007-06 AUTHORIZING THE ACQUISITION OF REAL PROPERTY LOCATED IN THE TOWN
LIMITS OF THE TOWN OF CAVE CREEK, MORE PARTICULARLY DESCRIBED IN EXHIBIT ‘A’
AND AUTHORIZING THE MAYOR, MANAGER, TOWN CLERK AND TOWN ATTORNEY TO DO ALL
ACTS, EXECUTE ALL DOCUMENTS AND PAY ALL FEES NECESSARY FOR THE ACQUISITION OF
SAID REAL PROPERTY.
Placed on the agenda by the
Towns Attorneys, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to approve
Resolution R2007-06, a resolution of the Mayor and Common Council of the Town
of Cave Creek, Arizona, authorizing the acquisition of real property located in
the Town limits of the Town of Cave Creek, Maricopa County, Arizona, more
particularly described in Exhibit ‘A’ attached hereto; and authorizing and
directing the Mayor, Manager, Town Clerk and Town Attorney to do all acts,
execute all documents and pay all fees necessary for the acquisition of said
real property.
Narrative: This is a request for the Council to approve a Resolution to acquire
tract ‘C’ of Las Ventanas.
P.106
7. COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF A SUBDIVISION IMPROVEMENT PERFORMANCE
BOND FOR
CONTINENTAL MOUNTAIN
ESTATES SUBDIVISION.
Placed on the agenda by the
Towns Attorneys, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to approve the
Subdivision Improvement Performance Bond subject to conditions 1 and 2 listed
in the Memorandum dated March 26, 2007 from the Town Attorney.
Narrative: This is a request for the Council to approve the Subdivision
Improvement Performance Bond for Continental Mountain Estates.
PAGE# ITEM#
P.111
8. COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF AN AGREEMENT
BETWEEN THE TOWN OF CAVE CREEK AND RBF CONSULTING FOR THE ANALYSIS OF THE
EXISTING CAVE CREEK WATER COMPANY WATER TREATMENT PLANT AND WATER SYSTEM.
Placed on the agenda by the Town
Engineer, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to approve the
agreement between the Town of Cave Creek and RBF Consulting for the analysis of
the existing Cave Creek Water Treatment Plant and Water System and
recommendations for improvements as outlined in the Exhibit ‘A’ Scope of
Services for an amount not to exceed $35,000.
Narrative: This is a request for the Council to approve an agreement for RBF
Consulting to analyze the Cave Creek Water Treatment Plant and Water System and
make recommendations.
P.118
9. COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF RESOLUTION R2007-05 ABANDONING A 5 FOOT
SECTION OF ROADWAY FOR ARROYO ROAD AND ACCEPTING A DEED OF GIFT TO THE TOWN FOR
A 5 FOOT DEDICATION OF EASEMENT.
Placed on the agenda by the Town
Engineer, Town of Cave Creek
Public Comment
Council
Action Needed: 1)Motion to approve
Resolution R2007-05, a Resolution of the Mayor and Town Council of the Town of
Cave Creek, Arizona declaring that certain right-of-way, described in exchange
parcel description attached hereto, is no longer necessary for public use as a
roadway, and declaring said right-of-way abandoned.
2) Motion to accept the
Deed of Gift to the Town dedicating a 5-foot easement from Kenneth and Sussan
Mathis located at 6412 East Arroyo
Road.
Narrative: This is a request for the Council to approve a Resolution abandoning 5
feet of roadway along Arroyo Road
in exchange for a dedication of 5 feet of easement to the Town.
PAGE# ITEM#
P.124
10. DISCUSSION AND POSSIBLE APPROVAL AND RATIFICATION OF AMENDMENT OF THE ASSET TRANSFER AGREEMENT DATED NOVEMBER 7, 2006 BETWEEN THE DESERT HILLS
WATER COMPANY AND THE TOWN OF CAVE CREEK TO EXTEND THE CLOSING DATE PURSUANT TO SUBSECTION
5.1 OF THE ASSET TRANSFER AGREEMENT TO A DATE NO
LATER THAN MAY 15, 2007.
Action Needed: Motion to approve and ratify the
amendment of the Asset Transfer Agreement
dated November 7, 2006 between the Desert Hills Water
Company and the Town of
Cave Creek to
extend the closing date pursuant to
Subsection
5.1 of the Asset Transfer Agreement to a date no later than May
15, 2007.
Narrative: This is a request for the Council approve and
ratify the amendment of the Asset Transfer Agreement between the Town and
Desert Hills Water Company and extends the closing date to no later than May
15, 2007.
SUMMARY OF
CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS _________ day of March, 2007
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk