CAVE CREEK – Mayor Vincent Francia thanked staff and volunteers for Wild West Days during Monday night’s council meeting.
He also thanked staff for stepping up to the county’s request to help with elections. Francia said it was unfortunate, however, that the county didn’t step up to provide any help.
Francia expressed sadness over the passing on Saturday of former Town Attorney Gary Birnbaum, who represented the town for 16 years.
Francia said Birnbaum helped put together Spur Cross, helped negotiate the settlement to purchase the water company and initiated the original annexation agreements with the state land department that called out the preservation of 4,000 acres of state land as open space.
During Call to the Public, Leslie Jensen with Farm Bureau Insurance in Cave Creek thanked Trails Coordinator Bambi Muller and staff for their trail work.
Desert Foothills Mountain Bike Association President Lorraine Montuori announced the 8th Cave Creek Cactus Classic Mountain Bike Race, a 24-mile course, this Saturday.
She said there will also be a kids’ event behind the post office, calling it “the cutest thing on two wheels.”
Montuori said last year 270 adult racers and their families participated and there may be as many as 350 participating this year.
Buffalo Chip Saloon and Steakhouse owner Larry Wendt thanked all the volunteers for Wild West Days and said, “I know every business in town benefited.”
Steve Betts updated the town on the mitigation banking concept the town is working on with the state land department as a potentially simpler solution to getting the 4,000 acres of state land set aside for conservation.
He too expressed sadness over the passing of Birnbaum, whom he said he’s worked with for over 30 years.
Betts said Birnbaum brought up the idea of mitigation banking to the state land department about 10 years ago.
Betts said the U.S. Army Corps of Engineers (USACE) will need to be involved because “404 permits” required under the Clean Water Act also pertain to washes.
However, he said the town would not be the party applying for the permits.
According to Betts, mitigation banking is done in other parts of the country but is relatively new to Arizona.
He said the Arizona Department of Game and Fish has a mitigation bank plan in the works but it has not yet been implemented.
Betts said he has been working with the deputy state land commissioner to establish the 4,000 acres as a mitigation bank.
The town would still control and maintain the land and could use it consistent with the plan, which would include trails.
Now that the intergovernmental agreement between the town and the state land department has been completed, an RFP will go out to hire a consultant to perform an environmental survey of the land, which will determine its suitability for the proposed mitigation bank.
Eventually there will need to be an appraisal to determine the land’s monetary value as well.
Vice Mayor Steve LaMar thanked Betts “from the bottom of my heart” for putting this concept together.
Councilman Dick Esser echoed LaMar’s comments.
During public comment, Kerry Smith said USACE indicates on its website that there are eight or nine mitigation banks but there was not very much information about them.
Smith suggested the town have some sort of business plan moving forward and said it sounds like a very interesting and important plan.
Terry Smith reminded Betts that the town rezoned all that land as open space, which he said would also help lower the cost.
Francia said, of all the things he wanted to wrap up before leaving office, this was it.
Council voted unanimously to approve an expenditure not to exceed $63,2112.90 for Markham Contracting Co., Inc. to install a 12-inch valve, chlorinate and pressure test the leased water line from Cahava Springs on the west side of town.
Town Manager Peter Jankowski stated staff would complete the six-inch pipe connection.
Terry Smith commented, “I think this is what we’ve been waiting for.”
Town Attorney Bill Sims pointed out he will still need to come back to council with an amended reimbursement agreement with Cahava and said it would be ready by the next meeting.
LaMar thanked Councilman Ernie Bunch for introducing the idea of simply completing the six-inch pipe connection, a far less costly scenario than upgrading to larger pipe. It will also expedite the plan to make municipal water available to west side residents.
Jankowski said the project should be completed by the end of the year.
Council voted unanimously to approve the dedication of an easement on lot 37 in Canyon Ridge Estates (CRE) and release an existing easement on lot 36 for the purpose of establishing a realignment of the non-motorized trail easement known as Surrey Trail.
Surrey Trail connects four different trail systems as well as the east and west sides of town.
Muller said she’s been working on the trail realignment for five years.
Dan Devlin, speaking on behalf of CRE homeowners, said the board and citizens, except for one that council would probably be hearing from, support the trail realignment and easement.
Mike Fiflis, who owns lot 36 jointly with Alisa McMahon, said they’ve written to the town and town manager.
He said the objection they have is “illegally expanding the uses of the trail.”
Fiflis claimed the agreement they were being asked to approve violates their CC&Rs and said he would be happy to work with the town to come up with an agreement that doesn’t violate the town’s contractual and constitutional obligations.
Sims told council he could not comment on a letter he hasn’t seen but noted all they were doing was accepting the dedication of an easement.
McMahon also spoke and asked council to hold off on approving the easement, stating, “Our property rights cannot be taken away.”
When Francia asked if they lived on the property, McMahon said they hope to.
When asked if they live in Cave Creek, McMahon said they did not but hope to some day.
Terry Smith said he knows how hard Muller has worked on this and stated a lot of effort has gone into this for years to keep the town’s trails open.
Ernie Weaver said the original wildcat trail was used illegally for years before it was closed.
Devlin spoke again to say Fiflis and McMahon bought the lot with the trail easement on their property and he didn’t see how moving it off their property is now a problem.
Council voted unanimously to continue an agenda item regarding the appointment of an ex-officio member from the Desert Foothills Land Trust (DFLT) to serve on the open space committee.
Francia said the letter of understanding signed by the former town manager and former executive director of DFLT was “troubling.”
LaMar said the new executive director of the DFLT held the letter up as if it granted them some sort of “authority.”
Bunch asked if anyone knew how the agreement came to be.
Muller said people donating money and holding fundraising events toward the purchase of open space wanted their donations to be tax deductible and they needed a 501(c)(3) organization in order to do that.
She said there is approximately $100,000 in the account held by DFLT toward the purchase of open space.
However, Muller noted the town was also a signer on the account.
Councilman Thomas McGuire said he believed they signed the agreement in good faith but said what they were voting on is whether they think a DFLT member would be valuable to the committee.
Francia suggested continuing the item instead until the town manager and DFLT Conservation Director Vicki Preston could come back with some more information about the agreement.
Council voted unanimously to authorize an expenditure of no more than $25,633 to rehabilitate the Vermeersch Well pump.
Town Engineer David Peterson said the well has operated for 29 years and, due to the arsenic levels, is used primarily for golf course irrigation.
Responding to questions from council, Peterson said in order to use the well water as a potable water source they would have to blend it with CAP water at about a 40:1 ratio, which would only provide about 2 percent of the town’s water.
Council voted unanimously to appoint Francia chair and LaMar vice chair of the Open Space Committee.
Bunch said he wanted to have them head the committee for continuity, since both have been heavily involved in the state land department negotiations.
Associate Planner Luke Kautzman introduced the Windmill Village case, an application to rezone four parcels totaling approximately 3.72 acres from Desert Rural (DR-89) to Multi-family Residential (MR).
The Town Core Plan, incorporated into the general plan, had already been revised to show the parcels suitable for higher density, including MR.
Kautzman said the applicant, Ken Madden, was present and advised council, “Although you have a conceptual plan, it is not the site plan you will be approving with the case.”
He said this was the first reading and the ordinance would require a second reading, followed by a 30-day period before it would go into effect and during which time it could be subject to a referendum.
He said the planning commission voted 4-1 to recommend approval.
Madden said he would reserve any comments until after the public had an opportunity to comment.
Black Mountain Shadows resident Larry Johnson said he looks at zoning as sort of a contract between the town and its citizens.
He said, “If you allow this rezoning, you violate that good faith contract. If you approve this, shame on you.”
Jeanette Lau said the project would have a negative traffic impact on Galloway Road.
She said 30 units would equate to 60 additional cars and she was not in favor of rezoning to MR.
Rick Hay said, “We didn’t move here to live next door to high density transient housing” that will cause traffic gridlock.
He stated, “If they can’t make a profit with the existing zoning, they should do something else.”
Kerry Smith said it had not been mentioned that the bike lane project eliminated the safety valve of the median for making left turns onto Cave Creek Road and the town never mitigated the effects of Stagecoach Village.
Michael Eddy said he lives in an apartment complex at Cave Creek and Beardsley roads. He said, “I work in Cave Creek and would love to live up here in Cave Creek.”
He said the only apartments in Cave Creek are the Village Apartments, which he said have “horrible reviews,” and would like to see some nice apartments.
Christine Masson said she had multiple concerns, noting Galloway Road is the only way to their homes in Black Mountain Shadows.
She said there would be excess traffic during construction as well as after the project is completed.
Masson said no one showed up at the planning commission meeting last time because it was on the same night as Taste of Cave Creek.
She questioned if MR is the best use for the land or if the project filled a void and claimed the proposed apartments are not going to be in the price point for those working as servers in town.
Mary Jane Fridley said she doesn’t live in the neighborhood where the parcels are located but believes the project is something that’s needed in Cave Creek.
She said Madden is a “good Christian man” who built her and her husband’s home.
Ron Ledbetter said he’s lived at Petersville (the subject property) for 15 years and has affordable housing now, but if the town approves the application it will go away.
A Whispering Hills resident asked if water is ever taken into account.
Francia replied, “Water is always taken into account in the desert,” but said they could not use that as a reason to deny applications if there is a 100-year assured water supply.
Madden stated he had done a lot of things to show goodwill, including hosting additional neighborhood meetings and commissioning a traffic study.
He said they went door to door to talk to businesses and the rezoning request meets all the requirements of the general plan.
Madden said one person running for council placed door hangers on neighbors’ doors saying, if elected, this project will never happen.
LaMar asked who the candidate was.
Madden said it was not appropriate to say it there, although he agreed to tell LaMar in private.
Bunch moved to approve the first reading with McGuire seconding the motion.
McGuire said, “Obviously we need to talk about this because a lot of people don’t want this.”
Bunch said, “We need to get some vitality back into this town – younger people. We need to take care of the people who take care of us.”
McGuire said he thinks the Town Core Plan was very carefully done.
Councilman John Ford said he’s lived in town for 47 years and lives in the same home he grew up in. He said, “It was cheap then. We need affordable housing.”
Councilwoman Susan Clancy said she supported the rezoning with the caveat that they look at traffic.
Esser said he sees a need for the project and sees the benefits but had a problem with egress and ingress.
He said, “I’m going to vote for it but it needs some work.”
LaMar said it was the perfect place for quality apartments in town.
Francia said when they looked at the area several years ago, it was not considered for commercial but was for MR and now a developer has come forward with a project.
He said the traffic study was woefully inadequate but it was not all the developer’s problem.
Council voted unanimously in favor of the first reading.
Council voted unanimously to authorize the Open Space Committee to develop a final master concept plan for the Cave Creek – Carefree Highway Gateway Trail Head and Community Space, as well as authorize the town manager to implement the trailhead entrance, roadwork and parking area, in accordance with the Sept. 7, 2016 initial master trailhead concept plan by Harrington Planning + Design.
Addressing Muller, Francia said it was his understanding Maricopa County Flood Control has to weigh in.
Muller said that was correct, adding this was just a starting point.
Franica asked if the $10,000 REI grant obtained by Desert Foothills Mountain Bike Association required the project to be completed by the end of the year.
Montuori said they have until December 2017 to use the grant and stated, “We want to make sure the grant money is spent in a meaningful way.”
LaMar asked Jankowski what the estimated cost is for the entire project, which includes a community garden, restrooms and an amphitheater.
Jankowski said about $500,000.
Francia questioned how much interest there was in a community garden and asked citizens if anyone was interested in having their own plot. No hands went up.
LaMar said the best thing about the plan was that it moves some amenities to the west side of town.
Jankowski presented a conceptual plan to council for the area between the town’s material yard and wastewater treatment plant for six one-acre lots so certain businesses, such as Foothills Granite, which would like to relocate, can remain in Cave Creek.
Niko Lambesis, who lives in Las Ventanas, adjacent to the wastewater treatment plant, said his concern with a landscape materials lot is the potential for getting hit with dirt and dust.
He also said he has an issue with the town’s large trucks entering the property along the entrance to their community and stated the road was never designed to handle that.
Art Tamayne said there was a meeting held with Whispering Hills, Las Ventanas and Estado De Cholla, all of whom were opposed to the concept because, aside from Foothills Granite, they would have no idea what businesses would be going in.
He stated, “That’s a concern for us.”
Francia asked council to continue the item to the Nov. 21 meeting.
Before adjourning, Bunch announced they will all be going to Harold’s after the Nov. 21 meeting to honor the four outgoing council members: Francia, LaMar, Esser and Ford, and invited everyone to join them.
