GENERAL AGENDA ITEMS ACTION ITEMS

MINUTESREGULAR TOWN COUNCIL MEETING

TOWN OF CAVE CREEK, ARIZONAMONDAY, MAY 18, 2009

CALL TO ORDER : 7:00 P . M. Vincent Francia , Mayor, 37622 N. Cave Creek Road, CaveCreek, Arizona.

ROLL CALL: Town Clerk Carrie Dyrek

Council Present : Mayor Vincent Francia, Vice Mayor Gilbert Lopez, Council MembersKim Brennan, Ernie Bunch, Dick Esser, Thomas McGuire, and GraceMccth

Council Absent: None

Staff Present : Town Manager Usama AbujbarahTown Clerk Carrie Dyrek

Town Engineer Wayne AndersonPlanning Director Ian CordwellTown Attorneys Cliff MatticeMarshal Adam Stein

PLEDGE OF ALLEGIANCE - Everyone stood and gave Pledge to the flag.

PUBLIC ANNOUNCEMENTSMayor Francia announced a Special Council Meeting May 26 to canvass the election of newCouncil Members.Also the first four Mondays of June there will be Council meetings.

CALL TO THE PUBLIC

Gilbert Lopez , 5992 E. Red Dog Drive thanked Staff for hard work and friendship. He thankedthe many, many volunteers. He wished the new Council well. He stated it has been an honorand privilege to serve the citizens of Cave Creek.

Charles Spitzer, 6836 E. Continental Mountain commented that Cave Creek is suffering a losswith three valuable Council members stepping down from their positions. No one remains whowill truly take heart for the health and sustainability for the Town Core, the businesses being theTown Core. Brennan is a valuable member and may not remain on the Council but willcontinue with her service to Cave Creek as an active member of the merchant's community aswell as a new member of the Cave Creek Chamber of Commerce. We can continue on her tocontinue working to preserve the historic Town Core and keeping Cave Creek the Town that itis. Much has been said about the dark side but only two Council members have seen the light tothe integrity and reality of what goes on in Cave Creek. Grace Meeth and Gil Lopez togetherhave 22 years of combined service and dedication to Cave Creek with a love for this Town that

Regular Town Council MeetingMonday, May 18, 2009

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goes beyond fear of public condemnation and rises above any fabrications that may come fromclosed doors . They have searched for truth and he praised and thanked them . We hope thatthose who carry on will continue this legacy.

Patty Windes , 5440 Morningstar thanked the three Council members leaving the Council at theend of this term. She thanked them for the hard work and dedication over the years.

Gail Clement, 40099 N. 52nd Street stated she was present solely for the purpose to thank thethree Council members leaving the Council. The level of effort, the integrity, the honesty, thededication, and the years of service to the Town are greatly appreciated. Many issues came upthat she didn't agree with but always knew they were willing to listen with kindness and integritywith no animosity in differing opinions. She implored this Council as it moves forward withoutthese three members to keep that in mind and to take that as a precedent moving forward. Aslong as we hold kindness, integrity and decency we will move forward as a Town undivided.

Herb Natker , 6850 E. Stevens Road echoed the speakers before him. He thanked the Councilfor their service and asking the hard questions. He asked the new members to continue askingthe hard questions and wished them good luck.

REPORTS - None

ACTION ITEMS:

A. CONSENT AGENDA

1. There are no items for the Consent Agenda.

GENERAL AGENDA ITEMS

1. COUNCIL DISCUSSION AND APPROVAL OF A THIRD AMENDMENTTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THEMARICOPA COUNTY LIBRARY DISTRICT AND THE TOWN OF

CAVE CREEK FOR THE RECIPROCAL BORROWING PROGRAM.

Placed on the Agenda at the request of the Desert Foothills Library, Town of CaveCreek.

Carrie Dyrek reported that the Town of Cave Creek currently has an Agreement and this is theThird Amendment to that. She announced that Judy Bailey of the Desert Foothills Librarywould present this item.

Judy Bailey , Treasurer of the Desert Foothills Library lives in Carefree. She spoke on the IGAwith the Maricopa County Library District. They have been having this IGA with the Town of

Cave Creek for the past five years but there are several new members of the Council withperspective new members so she felt she would go more into detail to inform everyone exactlywhat the IGA means.


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1. It does not cost the City of Cave Creek anything except for five minutes of theTreasurer's time to write a check once Maricopa County sends the check to the Town ofCave Creek. Maricopa County has come into an Agreement that they will pay $26.00 perperson who live outside of the library district. Our district is anyone who lives in theTown of Cave Creek or the Town of Carefree with 2/3 of the patrons living outside thedistrict. That is a large amount of money that comes to the library. The library is verydifferent in that even though it is public library it is privately funded. All other IGAs arewith towns that actually support their own library and pay for all the expenses. This isjust a paper-work-type of transaction that has to be done because Maricopa CountyLibrary system can only deal with cities, not with our library itself.

2. The State Library takes the cost of all the public libraries in Maricopa County, divide itby how many residents within the County and determine the cost per person to supportthe library. With 2/3 of our patrons not being in Cave Creek or Carefree so the only waywe can receive this money is if the Town of Cave Creek signs the IGA for the library.The Town of Carefree has already done so two weeks ago.

PUBLIC COMMENTS - None

COUNCIL COMMENTS

M/Bunch , S/Brennan to approve a Third Amendment to the Intergovernmental Agreementbetween the Maricopa County Library District and the Town of Cave Creek for theReciprocal Borrowing Program.

Bunch - It's the only way to get the library their money so it's what we've got to do.Brennan stated appreciation to the library.Lopez - The library has done a great job since its inception in serving the public, both adult andyoung so we should do whatever we can to help them. Lopez thanked them for their service.Bunch commented that a friend of his was having difficulty getting his driver's license and theDirector was kind enough to sit down and go through it with us at no cost to him or to Bunch andit came from Illinois in a very short time. Bunch stated he was impressed and thanked Bailey.

M/C 7-0 by voice vote.

Mayor Francia announced that items 2 through 8 are all Second Readings.

2. COUNCIL DISCUSSION AND APPROVAL OF SECOND READING OFORDINANCE 02009-06 EXTENDING AND INCREASING THECORPORATE LIMITS OF THE TOWN BY ANNEXING INTO THETOWN CERTAIN TERRITORY IDENTIFIED HEREIN AS THEWILLOW SPRINGS AREA, WHICH IS CONTIGUOUS TO THEEXISTING TOWN LIMITS.

Placed on the agenda by the Planning Department and Town Clerk, Town of CaveCreek.


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Cordwell presented. The three annexations that the Town has been working on for seven years

are before Council this evening, the Second Reading of those ordinances represents the Willow

Springs annexation, Rogers Wash, and Apache Wash. Subsequent to those we will be looking atthe Second Reading of the Rezoning Ordinances for each of those annexations as well as all thelands within the Town that are held in trust with the State. All of Willow Springs annexation,

which is the first case we are hearing, you will see that much of it will be rezoned to open spaceconservation. There is a small piece (about 25 acres) which is the jewel of the Creek held by theDesert Foothills Land Trust. About 120 acres will be rezoned to DR-70 to match the

neighborhood adjacent to it, which was the zoning when this property came into the Townthrough the Spur Cross Annexation. In addition, the legal descriptions show a 5-acre piece,which is the property of the late Penny Cox, now owned by the Everts who agreed to annex it tothe Town. That is part of the requirement of the annexation process ... that there be privateparcels with value coming in as well as the State land. We couldn't have done any of the Stateannexations without separate pieces owned by private property owners coming in with it.

The area is 796 acres that include 25 acres of the Jewel of the Creek and five acres that land thatwill remain 5-acre zoning.

COUNCIL QUESTIONS - None

PUBLIC COMMENT - None

COUNCIL COMMENTS

S/Bunch , S/McGuire to give Second Reading to Ordinance 02009 -06. Bunch read the titlefor the record.

ORDINANCE 02009-06AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CAVECREEK ("TOWN"), MARICOPA COUNTY, ARIZONA, EXTENDING ANDINCREASING THE CORPORATE LIMITS OF THE TOWN, PURSUANT TO THEPROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISEDSTATUTES AND AMENDMENTS THERETO, BY ANNEXING INTO THE TOWNCERTAIN TERRITORY IDENTIFIED HEREIN AS THE WILLOW SPRINGS AREA,WHICH IS CONTIGUOUS TO THE EXISTING TOWN LIMITS.

Bunch- This is just a long time coming and we need to finish it.McGuire Those beautiful mesas to the north of us were created from volcanic lava flows and itis interesting geology with people asking where that lava came up. One of those gallows was avery dynamic part of creating the beautiful landscape... millions of years in the making.

M/C 6-1 by roll call vote with Meeth voting nay.

Mayor Francia offered congratulations to Bill and Bunny Allen for their new grandbaby in thefamily.

Regular Town Council MeetingMonday. May 18, 2009

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3. COUNCIL DISCUSSION AND APPROVAL OF SECOND READING OFORDINANCE 02009 -07 EXTENDING AND INCREASING THECORPORATE LIMITS OF THE TOWN BY ANNEXING INTO THETOWN CERTAIN TERRITORY IDENTIFIED HEREIN AS THEROGERS WASH AREA , WHICH IS CONTIGUOUS TO THE EXISTINGTOWN LIMITS.


Cordwell reported that the Rogers Wash annexation is the largest of the three annexation areas.It comprises 4207 acres and includes one acre that was held out of the Cahava Springsdevelopment. It provides along with the 80 acres that was given by Cahava, a land bridgebetween Cave Creek Regional Park and Spur Cross Ranch Conservation area. Also theannexation includes 2 pieces of the Spur Cross Ranch Conservation area which were previouslyoutside of Town and now will be brought into the Town.


PUBLIC COMMENT - None

COUNCIL COMMENT

M/Brennan , S/Bunch to give Second Reading to Ordinance 02009-07.

ORDINANCE 02009-07

AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CAVECREEK ("TOWN "), MARICOPA COUNTY , ARIZONA , EXTENDING ANDINCREASING THE CORPORATE LIMITS OF THE TOWN, PURSUANT TO THEPROVISIONS OF INCREASING THE CORPORATE LIMITS OF THE TOWN,PURSUANT TO THE PROVISIONS OF TITLE 9 , CHAPTER 4 , ARTICLE 7 , ARIZONAREVISED STATUTES AND AMENDMENTS THERETO , BY ANNEXING INTO THETOWN CERTAIN TERRITORY IDENTIFIED HEREIN AS THE ROGERS WASHAREA , WHICH IS CONTIGUOUS TO THE EXISTING TOWN LIMITS.

Brennan - We'll get it done.Bunch - That's a beautiful chunk of land out there and we will be proud to have it in the Townof Cave Creek.


4. COUNCIL DISCUSSION AND APPROVAL OF SECOND READING OFORDINANCE 02009 -08 EXTENDING AND INCREASING THECORPORATE LIMITS OF THE TOWN BY ANNEXING INTO THETOWN CERTAIN TERRITORY IDENTIFIED HEREIN AS THE


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APACHE WASH AREA, WHICH IS CONTIGUOUS TO THE EXISTINGTOWN LIMITS.


Cordwell commented that the Apache Wash sits at the west side of the Cave Creek RegionalPark and adds to the open space of the Park on that side. There are 380 acres of 1-acre zoningthat will be maintained as such and the remainder will be open space recreations. There werethree individual parcels that came in with that annexation. Each piece about 2 '/2 acres in sizeand all the property owners were invited to the meeting tonight but uncertain if they werepresent. They will go visit them and welcome them into the Town if they are not present.

COUNCIL QUESTIONS - NONE

PUBLIC COMMENTS

Charles Spitzer, 6836 E. Continental Mountain stated he was not here to be for or against open

spaces, however except for a single time when an assessor stood here and gave his estimation of

what this cost would be, there has never been another word spoken about the additional costs tothe Town. No one knows what those costs will be or asked what they could possibly be. It isyour fiduciary responsibility to know that and you are not following up. You should be askingthe questions of what is the additional cost of fire, police, services, utilities, roads, manpower to

the City. There is any number of additional costs and Council has never asked one question.You need to know that and if you don't know that, the public certainly doesn't know that andsomeone should and Council should be asking the questions.

PUBLIC COMMENT

Bill Allen , 38914 N. 73'u1 Street asked about the green area on the map proposed to be added tothe Cave Creek Regional Park has to be under a contract with the State Land Department forlease and assumed that since it will be annexed as a part of the area that will be a part of theRegional Park, the County is going to pay for the lease. Or is the Town paying for the lease`?

Janet Mohr, 7700 E. Arroyo Road commended all for what they are doing. We look back to see

how hard everyone worked to get Spur Cross preserved, the cost of it at that time, and we lookback today we would never be able to afford it if we had let it go. She is excited to have this aspart of the Town. All land owners will be benefit not only from enjoyment but from propertyvalues going up because of it.

Herb Natker, 6850 E. Stevens Road commented he didn't know about a lease situation. Whopays for the lease`?


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Cordwell responded that all leases that are on State Lands now will be recognized. The Town isnot paying anything for a lease. The lease goes with the property and stays with the individualand the Town has no authority to put anything out there or allow anyone else to do so.

Spitzer - If it is not our land why are we annexing it? Abujbarah responded that Dr. Allen hadasked the question before and there is some confusion with him because there is no lease. Weaccept all the State Land to be annexed to the Town. There is no lease-no lease contract. Theonly contract is the Daisy contract that is about to expire. So that particular land has no lease.The land will stay with the State Land Department until it is auctioned. After it is auctioned theland will be owned by the Town but there is no lease. The Town or Maricopa County is notrequired to lease the property. The property will be owned by the State Land Department until itis auctioned.

Bill Allen , 38914 N. 73'a Street commented that Abujbarah is correct if there is no lease thenthe State Land Department, regardless of whether there is a lease or not, the State LandDepartment will own it until such time as it is purchased. The question he asked doesn't have todo with that. His specific question has to do with "If the Town is planning to utilize that parcelin any way, it is the Town's responsibility to be the one who leases it up until the time it isactually sold." Otherwise each individual who goes out there is going to have to have anindividual "access" permit.

Abujbarah responded "That's true." The State Land Department and the State pressed land will

continue the same way it is now. The ownership will be held by the State Land Department untilthe time of its purchase by the Town as an open space. After that, the Town will be responsiblefor the management of the open space, but right now and in the future until it is auctioned by

State Land Department, the land is the State Land responsibility. But there is no lease to bridgethat time period.

Natker We will have to buy this land then at auction. If it is going to be auctioned the only waywe can get it is to purchase it. Is that correct? Cordwell agreed . Natker - So then be preparedto be a participant in the auction. I just want to know and if anyone wants to lease it we want tobe watching for it. Esser agreed - it is correct. If they wanted to lease it or anyone wanted tohave it leased we would be notified because it is in our corporate penalties.

COUNCIL COMMENTS

M/Bunch , S/McGuire to give Second Reading to Ordinance 02009-08. Esser read the titlefor the record.

ORDINANCE 02009-08

AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CAVECREEK ("TOWN"), MARICOPA COUNTY, ARIZONA, EXTENDING ANDINCREASING THE CORPORATE LIMITS OF THE TOWN, PURSUANT TO THEPROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISEDSTATUTES AND AMENDMENTS THERETO, BY ANNEXING INTO THE TOWN


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CERTAIN TERRITORY IDENTIFIED HEREIN AS THE APACHE WASH AREA,WHICH IS CONTIGUOUS TO THE EXISTING TOWN LIMITS.

Bunch - There have often been times when he wished he could respond to public questions. Theone time that was maybe confusing was when we pointed to that green area and say it is going tobe part of Maricopa County Park. It will not be until we purchase and then we can do that. Itmust go to auction, some confusion as to how much that is going to be. He thinks the open spaceis not worth any more than what we had in the appraisals we had done. He is thrilled to add thisto the purview of the Town of Cave Creek.

McGuire agreed and thanked Bunch for clarifying that and it is his understanding that this landwill not be a part of the County Park ...it will be hopefully when we have the maximum bid beingthe only bidder with interest in this land contingent upon rezoning that this will be a wonderfulpart of Cave Creek.

Meeth commented that she thinks Dr. Allen is saying that any State Land that we take into theTown, which the Town is not leasing, then any resident who wants to go out there is theoreticallytrespassing. Is that correct'? Allen agreed . Meeth stated that the Town doesn't plan to lease the

land, which means until we purchase it between now and 20 years, that residents will have tostay off the land or they will be trespassing. We know this. Correct ? Abujbarah respondedthat right now without extending the Town limits, within the Town limits we have several State

Trust Land parcels and the same rules apply there. If anyone gets on the State Trust Landwithout permit they will be trespassing, even if it's within the Town limits.

MC 6-1 by roll call vote with Meeth voting nay.

5. PUBLIC HEARING, COUNCIL DISCUSSION AND APPROVAL OFSECOND READING OF ORDINANCE 02008 -04 AMENDING THEZONING CLASSIFICATIONS OF CERTAIN LANDS TO BE ANNEXED

INTO THE BOUNDARIES OF THE TOWN OF CAVE CREEK INACCORDANCE WITH RESOLUTION R2008-12, A RESOLUTION OFTHE MAYOR AND TOWN COUNCIL OF THE TOWN OF CAVECREEK, MARICOPA COUNTY, ARIZONA APPROVING A PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE TOWNOF CAVE CREEK AND THE STATE OF ARIZONA FOR THE WILLOW

SPRINGS ANNEXATION AREA, APPROVED BY THE TOWN COUNCILON MARCH 17 , 2008 AND RECORDED WITH THE MARICOPACOUNTY RECORDER (2008-0334350), AND AMENDING THE TOWNOF CAVE CREEK ZONING MAP TO REFLECT THE APPROVEDZONING CLASSIFICATION CHANGES.

Placed on the agenda by the Planning Department , Town of Cave Creek.

Cordwell stated that all these rezonings were given First Reading on December l" with theCouncil and all are a part of the Exhibits of the Pre-Annexation Agreements with the State Land

Department. There is a fourth Agenda item for the rezoning and that is all the State land and that


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is covered by a Development Agreement with the State Land Department. This First Rezoningcovers the Willow Springs area. The land would be, except for 120 acres that would be rezonedto Desert Rural 70, almost 5-acre piece that would be zoned to Desert Rural 190 to match theCounty Zoning, and the remainder of the 796 acres in the annexation area includes the Jewel ofthe Creek with the permission of the Desert Hills Land Trust will be zoned to open spaceconservation. The Town has an Open Space Advisory group that has been working for manymonths to work on a Management Plan for all of the open space once the Town has purchasedand annexed it. We are working with Maricopa County and other citizens and groups on how tomanage that open space once it is annexed and rezoned.

Bunch - Just for clarification can you go through the pre-annexation agreement, the developmentagreements. Does that cover the density transfers etc.? Cordwell responded that the pre-annexation agreements cover all the shifting of the density off the open space areas. If we goback to the very beginning when the Town asked the State if we could annex that land, and theysaid "sure" but we had to do a Conceptual Use Land first. The State hired a consultant (RVFConsulting) who did that Conceptual Use Land Plan and the State came up with the values ofopen space and what lands were suitable for rezoning to more dense use. The Town originallythere was to be the equivalent of eight dwelling units on all those areas and now there areapproximately 3000. The State recognized the value in transferring those land densities to aresort site, which is located within the Town and the land that was rezoned along CarefreeHighway to General Commercial and Commercial Buffer. That is not reflected on this mapbecause it was carried out in 2007. This map only reflects the four rezoning ordinances that arebeing addressed tonight.

Bunch - And all that was part of the State Lands Appraiser's presentation when they establishedthe value'? Cordwell agreed.

Meeth needed clarification. She remembered when Council approved the Development

Agreement and it has been recorded. This is approving Pre-Annexation Development

Agreement. Cordwell clarified that this is coordination with this. The Pre-annexationDevelopment Agreements paved the way and called out this process. We have to go through thisprocess of getting the approval from the State Selection Board, the Land Commissioner, and then

going through the process of annexation with Maricopa County recording petitions of peoplecoming into the annexation areas. This is the final step in that and is all part of that and is allcalled out in those agreements. This is not approving the Pre-annexation Agreements, it's onestep within those.

PUBLIC HEARING 7:43 P.M. OPENED AND CLOSED

COUNCIL COMMENTS

M/Brennan , S/Esser to give Second Reading of Ordinance 02008 -04 (Willow Springs)Rezoning. Brennan read the Title for the Record.


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ORDINANCE 02008-04

AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OFCAVE CREEK, MARICOPA COUNTY, ARIZONA, AMENDING THE ZONING

CLASSIFICATIONS OF CERTAIN LANDS TO BE ANNEXED INTO THE

BOUNDARIES OF THE TOWN OF CAVE CREEK IN ACCORDANCE WITHRESOLUTION R2008-12, A RESOLUTION OF THE MAYOR AND TOWN COUNCIL

OF THE TOWN OF CAVE CREEK, MARICOPA COUNTY, ARIZONA APPROVING A

PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE TOWN OFCAVE CREEK AND THE STATE OF ARIZONA FOR THE WILLOW SPRINGS

ANNEXATION AREA, APPROVED BY THE TOWN COUNCIL ON MARCH 17, 2008AND RECORDED WITH THE MARICOPA COUNTY RECORDER (# 2008-0334350),

AND AMENDING THE TOWN OF CAVE CREEK ZONING MAP TO REFLECT THEAPPROVED ZONING CLASSIFICATION CHANGES.


Brennan - This is another part of the process.Esser - Agreed. He commented on an earlier speaker who was concerned about the cost. AsCordwell pointed out, we do have an Open Space Advisory Committee who is working on thatand we have been involved in that process. No decisions have been made and we don't know

what the cost is but we are working on it and as he said before, "This risk is worth it." It's aonce-in-a-lifetime opportunity.

McGuire stated that a unique feature of this process is that by rezoning at the same time that weare annexing we are legally designating this land for one and only one use.. .open space.Therefore the value of this land is determined by being open space and the synergy betweenthose two processes happening at the same time is critical. We thank the Mayor and all whohave been involved in this process for putting this together.


6. PUBLIC HEARING , COUNCIL DISCUSSION AND APPROVAL OFSECOND READING OF ORDINANCE 02008-05 AMENDING THEZONING CLASSIFICATIONS OF CERTAIN LANDS TO BE ANNEXEDINTO THE BOUNDARIES OF THE TOWN OF CAVE CREEK INACCORDANCE WITH RESOLUTION R2008 -13, A RESOLUTION OFTHE MAYOR AND TOWN COUNCIL OF THE TOWN OF CAVECREEK, MARICOPA COUNTY, ARIZONA APPROVING A PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE TOWNOF CAVE CREEK AND THE STATE OF ARIZONA FOR THE ROGERSWASH ANNEXATION AREA, APPROVED BY THE TOWN COUNCILON MARCH 17 , 2008 AND RECORDED WITH THE MARICOPACOUNTY RECORDER (2008-0334347), AND AMENDING THE TOWNOF CAVE CREEK ZONING MAP TO REFLECT THE APPROVEDZONING CLASSIFICATION CHANGES.


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Cordwell stated that this application pertains to the Rogers Wash area which contains two siteswhich were part of the Spur Cross Ranch Conservation area as well as one acre that was held outof the Cahava Springs area. It includes the Apache Peak area just to the south and west of theCahava Springs area . With all of these rezonings when completed, approximately 40 percent ofthe Town will be zoned as designated Open Space including those lands that are with the DesertFoothills Land Trust. An additional 15 percent, at least 15%, is set aside as required through theOrdinance when people develop their own private property. So well over half of the Town willbe open space and it will probably not be seen elsewhere in this country.

COUNCIL QUESTIONS

McGuire stated he is very proud of those figures. Have you actually looked into those figuresand tried to discover other communities that have comparable set-aside open space`? Cordwellresponded he doesn't even worry about it.

PUBLIC HEARING OPENED AND CLOSED AT 7:48 P.M.

COUNCIL COMMENTS

M/Bunch , S/Brennan to give Second Reading to Ordinance 02008-05 . Bunch read theTitle for the Record.

ORDINANCE 02008-05

AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OFCAVE CREEK, MARICOPA COUNTY, ARIZONA, AMENDING THE ZONINGCLASSIFICATIONS OF CERTAIN LANDS TO BE ANNEXED INTO THEBOUNDARIES OF THE TOWN OF CAVE CREEK IN ACCORDANCE WITHRESOLUTION R2008-13, A RESOLUTION OF THE MAYOR AND TOWN COUNCILOF THE TOWN OF CAVE CREEK, MARICOPA COUNTY, ARIZONA APPROVING APRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE TOWN OFCAVE CREEK AND THE STATE OF ARIZONA FOR THE ROGERS WASHANNEXATION AREA, APPROVED BY THE TOWN COUNCIL ON MARCH 17, 2008AND RECORDED WITH THE MARICOPA COUNTY RECORDER (#2008-0334347),AND AMENDING THE TOWN OF CAVE CREEK ZONING MAP TO REFLECT THEAPPROVED ZONING CLASSIFICATION CHANGES.

Bunch stated he had been in this area and it is real pretty and he is happy with all the area on themap.

Brennan - Nothing more



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7. PUBLIC HEARING, COUNCIL DISCUSSION AND APPROVAL OF

SECOND READING OF ORDINANCE 02008 -06 AMENDING THEZONING CLASSIFICATIONS OF CERTAIN LANDS TO BE ANNEXEDINTO THE BOUNDARIES OF THE TOWN OF CAVE CREEK INACCORDANCE WITH RESOLUTION R2008-14, A RESOLUTION OFTHE MAYOR AND TOWN COUNCIL OF THE TOWN OF CAVE

CREEK, MARICOPA COUNTY, ARIZONA APPROVING A PRE-

ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE TOWNOF CAVE CREEK AND THE STATE OF ARIZONA FOR THE APACHEWASH ANNEXATION AREA , APPROVED BY THE TOWN COUNCILON MARCH 17 , 2008 AND RECORDED WITH THE MARICOPACOUNTY RECORDER (2008-0334348 ), AND AMENDING THE TOWNOF CAVE CREEK ZONING MAP TO REFLECT THE APPROVEDZONING CLASSIFICATION CHANGES.


Cordwell presented this third rezoning case before Council and is the last one pertaining to the

annexation of State land. Three hundred eighty of the approximately 720 acres will be rezonedto Desert Rural 43 matching the underlying County Zoning. The remainder will be Open Space

Recreation and does not include the 7 '/2 acres of private parcels to the south. He apologized forthe confusion...it is not going to be part of the County Park, it's part of the Open Space withinthe Town.



COUNCIL COMMENTS

M/McGuire, S/Brennan to approve Second Reading of Ordinance 02008 -06. McGuireread the Title for the record.

ORDINANCE 02008-06

AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OFCAVE CREEK, MARICOPA COUNTY, ARIZONA, AMENDING THE ZONINGCLASSIFICATIONS OF CERTAIN LANDS TO BE ANNEXED INTO THEBOUNDARIES OF THE TOWN OF CAVE CREEK IN ACCORDANCE WITHRESOLUTION R2008-14 , A RESOLUTION OF THE MAYOR AND TOWN COUNCILOF THE TOWN OF CAVE CREEK, MARICOPA COUNTY, ARIZONA APPROVING APRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE TOWN OFCAVE CREEK AND THE STATE OF ARIZONA FOR THE APACHE WASHANNEXATION AREA , APPROVED BY THE TOWN COUNCIL ON MARCH 17, 2008AND RECORDED WITH THE MARICOPA COUNTY RECORDER (#2008-0334348),


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AND AMENDING THE TOWN OF CAVE CREEK ZONING MAP TO REFLECT THEAPPROVED ZONING CLASSIFICATION CHANGES.

McGuire - No more to say.Brennan - What's left to be done? Cordwell - This is it. Brennan - And then there's nofurther process. Cordwell - Nothing more other than to wait for the State's Appraiser to comeback with the value and for the Town to go to bid on each of the pieces. The Annexation willhave been completed.


8 PUBLIC HEARING, COUNCIL DISCUSSION AND APPROVAL OFSECOND READING OF ORDINANCE 02008-07 AMENDING THEZONING CLASSIFICATIONS OF CERTAIN LANDS LOCATEDWITHIN THE BOUNDARIES OF THE TOWN OF CAVE CREEK INACCORDANCE WITH RESOLUTION R2008-15, A RESOLUTION OFTHE MAYOR AND TOWN COUNCIL OF THE TOWN OF CAVECREEK, MARICOPA COUNTY, ARIZONA APPROVING ADEVELOPMENT AGREEMENT BETWEEN THE TOWN OF CAVECREEK AND THE STATE OF ARIZONA FOR THE CORE SITE LAND,APPROVED BY THE TOWN COUNCIL ON MARCH 17 , 2008 ANDRECORDED WITH THE MARICOPA COUNTY RECORDER (2008-0334349), AND AMENDING THE TOWN OF CAVE CREEK ZONINGMAP TO REFLECT THE APPROVED ZONING CLASSIFICATIONCHANGES.

Placed on the agenda by the Planning Department, Town of Cave Creek.

Cordwell stated this is the most important of the four rezoning Ordinances in that without theState land within the Town, we would not have been able to transfer value from the Open Spacesfrom the steep slopes and washes to other lands. With the State's Conception Land Use Planmentioned earlier, the State asked for two resort sites. The Town combined those into one site,100 acres. This is the only parcel that will not be auctioned fbr sale. The State will maintainownership and lease it. The Town's Plan was that this would be a suitable site north of CaveCreek Regional Park for a Core Resort, tying into the Town's Trail System. It is buffered fromother residences by Open Space Recreation as well as 120 acres of Desert Rural DR-70 to thenorth of it. As mentioned, the land already within the Town that was rezoned in 2007 wasrezoned to 120 acres of DR-70, 120 acres of Commercial Buffer and 120 acres of GeneralCommercial along Carefree Highway. Without that we would not have been able to do any ofthis and Cordwell stated he didn't know of any other place in the country that would be able tocarry out the same thing.




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COUNCIL COMMENTS

M/Esser, S/Brennan to approve Second Reading of Ordinance 02008-07. Esser read theTitle for the Record.

ORDINANCE 02008-07

AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OFCAVE CREEK, MARICOPA COUNTY, ARIZONA, AMENDING THE ZONINGCLASSIFICATIONS OF CERTAIN LANDS LOCATED WITHIN THE BOUNDARIESOF THE TOWN OF CAVE CREEK IN ACCORDANCE WITH RESOLUTION R2008-15, A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OFCAVE CREEK, MARICOPA COUNTY, ARIZONA APPROVING A DEVELOPMENTAGREEMENT BETWEEN THE TOWN OF CAVE CREEK AND THE STATE OFARIZONA FOR THE CORE SITE LAND AREA, APPROVED BY THE TOWNCOUNCIL ON MARCH 17 , 2008 AND RECORDED WITH THE MARICOPA COUNTYRECORDER (#2008-0334349), AND AMENDING THE TOWN OF CAVE CREEKZONING MAP TO REFLECT THE APPROVED ZONING CLASSIFICATIONCHANGES.

Esser commented that for him as a long-term resident of the State and Cave Creek, this is ahistoric moment with absolutely unbelievable that the little Town of Cave Creek pulled this off.He understands that they will shortly have a new State Land Commissioner and it's just amazingto him that these guys hung in there, crossed all the "Ts", dotted all the "Is" and did somethingthat the rest of the State is looking at this little Town to see how we managed to make it happen.

Bunch stated that Brennan had beaten him by 26 mili-seconds to the second.

Brennan thanked Cordwell and Abujbarah, specifically and many Staff past and present whohave worked to make this happen. It's a long, long journey and hard to believe that this is it.She thanked the community and stated she was really really proud of this accomplishment.

McGuire certainly seconded what the previous speakers stated and hoped that other residents ofTown will join the proud citizens who have stepped forward to donate funding to purchase thisTown that will forever help to define Cave Creek as the exceptional place.

Meeth commended Staff on the great job they did. This was a long hard road and wished shecould have voted for this and supported it but whether she agreed with what was going on or not,it certainly was a lot of work on their parts and she thanked them on behalf of the Council for theTown. I would have liked to have supported this as she did when it was first started. You haveto always look ahead to the next jump as in cross-country jumping because once over the jumpit's to look down, you're in it. She feels like they have been on the rail on this for a long timeand not looking ahead for the next jump. We could have looked ahead to see how much thiswould cost and how it would all work out but we all liked the big picture so much we didn't wantto do that. So the comfort level in voting for something with so many unknowns just wasn'tthere but it doesn't take away from all the effort that has been put into it and she thanked themfor that.


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Francia stated that now they are at the end of the road with the last act of a seven-act play of theseven years, Councilwoman Meeth was with him at the very, very beginning at the start of thisprocess. And although there may be some unknowns that might cause some of our citizensconcern there are certain numbers which will cause even more concern. It started on a synopsishere so you can understand why Mayor Francia was pushing for the last seven years on this. Aletter of Record from the City of Phoenix to the State Land Department objecting to any furtherannexation to the west on the part of Cave Creek had polity with the State Land Department. Wewent through a number of exchanges with the City of Phoenix; they felt bruised by somethingthat happened in 1986 and they were holding Cave Creek's feet to the fire. That's when theTown Incorporated. And when it did we went south of Carefree Highway; apparently a promisehad been made that we would never do that. Cave Creek Council at the time did not go out andbait people south of Carefree Highway to be part of the new Town, it came to Cave Creek andwe got there first at the counter before the City of Phoenix. The wounds never healed and thiswas used as part of the negotiation back and forth that we de-annex that back to Phoenix thatthey would not object to our annexation to the west. That was never a discussion point withMeeth or Francia as that was never ever on the table. We had to find another way.

What it came down to...Originally our annexation was planning to go to 24`h Street. Phoenixasked us to back off to 28`', there's nothing worth fighting for on 24`h Street except that it tellsme something very important. 20h Street and Carefree Highway is in the County on the north

side of Carefree Highway... Phoenix is going to come across the Highway when it is to theirbenefit and when they can financially handle that. It also told him that if they were doing it there

they would have done it at this area here that we just now brought into the Town. As Cordwell

mentioned, the land was zoned for 8000 units, now we are down to 3000 and equally importantbecause whenever we do this, it really has to do with what the heart of this community is...thatwhich distinguishes us or makes us feel that this is really what this Town is that we call

home... was this very new approach to save desert, Spur Cross, save as much Sonoran Desert as

we could. So that was really the driving force behind all of this and has now been achievedthanks to Ian and to Abujbarah and the staff. This has been seven years and it has been worth itevery step.


SUMMARY OF CURRENT EVENTS BY MAYOR

Francia reminded the general election is tomorrow... don't forget to vote. There is a meeting aweek from Tuesday to canvass the election and then the Monday's of June there will be Councilmeetings.

M/Adjourn at 8:06 p.m.


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CERTIFICATION

AItPRPVED BY:

Vincent FranciaMayor

I hereby certify that the foregoing Minutes are a true and correct copy of the Minutes of theRegular Session of the "Town Council of Cave Creek held on the 181h day of May, 2009. I furthercertify that the meeting was duly called and held and that a quorum was present.

SEAL

Approved by the Town Co,at hir meeting held ons

/, OD g


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Documents

GENERAL AGENDA ITEMS ACTION ITEMS