Cave Creek approves Bike Week 2024 with traffic pilot; refers four-year terms to voters

Cave Creek Council Splits on Four-Year Terms; Bike Week Approved Amid Organized Opposition to Trail Easement

Cave Creek's town council met on February 22, 2024, and approved a major motorcycle event while simultaneously advancing a governance restructuring proposal that provoked passionate debate about political self-interest, continuity, and electoral accountability. A contentious trail easement proposal generated over 100 community signatures in two days, prompting an executive session and a town-wide open house.

Key Speeches

"I consider this gift a Trojan horse trail... what did Mark Stap get in exchange for giving land that comes over... that was already litigated one time?" — Bruce Arland, Cave Creek resident and Morning Star Road property owner

"It is a quiet country bedroom community enjoyed and loved by all... we don't want that [expanded access] to happen on Morning Star... this gift is not a gift... there's got to be a quid pro quo." — Kathina B, Kaba Ranch Road resident

"The town is not asking for a new tax... the town is asking the voters to allow this town to spend the revenues it already has collected." — Town Manager, on Alternative Expenditure Limitation

"I think it provides stability for this town... should there be a complete turnover of all seven of us it's complete chaos... in terms of stability for the staff and for our residents." — Mayor Robert Morris, supporting four-year terms

"If we had term limitations former mayor Bunch would not be here with us tonight... the term limitations [are a] double-edged sword... I just think this is going to be obvious... the four is all that is necessary." — Councilmember Tom Augherton, opposing the proposal

Timeline

Morning Star Properties Trail Easement

• Call to Public: Twelve speakers over approximately 45 minutes, with 100-plus signatures collected in two days opposing a proposed "gift" of trail easement from Mark Stap (Morning Star Properties) across private property. Speakers cited concerns about hidden consideration, motorized-vehicle access, and future development pressure on the west side of town.
• Executive Session: Council held a closed session to discuss the matter with town attorneys before public hearing.
• Decision: No vote taken. Robert Morris announced that a public open house would be scheduled in the near future to allow community members to ask questions of all parties involved.
• Outcome: Item remains pending; transparency and quid pro quo allegations to be addressed at open house.

Cave Creek Bike Week 2024 Special Event Permit

• Applicant presentation: Marshall Stein, Town Marshal, presented permit request for 10-day motorcycle event (March 29–April 7, 2024). Capacity approximately 28,000 people. Road closures limited to March 30–31 (first weekend) and April 4–7 (second long weekend) to minimize traffic disruption.
• Staff recommendation: Stein highlighted new traffic synchronization device (rented for the event) to be piloted at two crosswalks to reduce pedestrian crossing times. Unified command structure with Maricopa County Sheriff's Office and Daisy Mountain Fire Department coordinated.
• Public comment: Three speakers (Janet Moore and others) praised Marshall Stein and event management. Positive community feedback; concerns raised about noise (primarily from motorcycle engines) noted as difficult to address due to state preemption (Arizona Revised Statutes Title 28).
• Council discussion: Council members commended event planning and traffic management. Brief discussion of noise ordinance limits and fence relocation on adjacent private property (deferred pending owner consent). Brad Shaw (Hideway/Roadhouse proprietor) and others in audience acknowledged contributions.
• Vote: Unanimous approval, 7-0.

Ordinance 2024-02: Four-Year Terms and Staggered Council

• Applicant presentation: Town Manager presented ordinance for first reading. Provision: mayor to serve four-year terms; council members to serve staggered four-year terms (3 elected in one cycle, 4 in the next), with two consecutive term limits. If approved, language to be submitted to Maricopa County Elections and placed on July 30, 2024 ballot.
• Staff recommendation: Town Clerk clarified that ballot would present two separate questions: (1) four-year term for mayor, and (2) staggered four-year terms for council. Term limits (two consecutive four-year terms) included in ordinance text but not separately voted upon, as state statute does not require voter approval for term limits. However, term limits would be explained in voter information pamphlet.
• Public comment: Four speakers. Janet Moore opposed, citing concern that four-year terms without annual elections would allow council members to change building codes without election pressure. David Phelps proposed bundling items separately on the ballot for voter clarity. Bruce Arland questioned the rationale and timing, noting that candidates had already pulled nomination petitions on a two-year basis.
• Council discussion: Significant debate, often contentious.
  • Robert Morris advocated for stability, citing lack of turnover as beneficial to staff and continuity. Noted that Carefree voters "overwhelmingly approved" four-year staggered terms. Defended against criticism that it was self-serving: "I do not intend to run again in two years if we choose to go that route. I believe eight years is plenty of time."
  • Vice Mayor [listed as "Robler" in brief; transcript shows "Robler" as second-maker] supported four-year terms for institutional knowledge of finance and budget complexity, noting that two budget cycles are needed for new council members to understand town systems.
  • Councilmember Bunch noted town's strong financial position and safety record under recent governance, supporting four-year terms as mechanism to maintain momentum.
  • Councilmember Tom Augherton (speaking as former mayor) argued forcefully against: "this is the politicians protection act... four-year terms is half pressing the flesh... if this is good government... you would have a two-year delay [before benefiting]. By the way the Carefree initiative came from the voters, it did not come from the council... the voters have turned this down once before and my faith like yours is with the voters I believe they'll turn it down again." He also warned of slate elections and permanent power control: "put it due to your delay on this do this but don't benefit yourselves personally."
  • Councilmember [Roads, per vote breakdown] opposed, stating "everything is running smoothly... if you don't like people vote them off and you get that opportunity every two years... I don't see a need to change."
  • Councilmember [Augeron, per brief; spelling confirms as "Tom Augherton" in canonical roster] (second speaker identified as same person) elaborated on concerns about slates and recalls from 2012–2014, predicting renewed slate risk with four-year terms. Also noted that current high vote-getters (Robert Morris, Bunch) would automatically receive four-year terms, benefiting them personally.
• Vote: 5-2 for referral to voters. Yes: Councilmember Bunch, Councilmember Alkama, Thomas McGuire, Vice Mayor Robler, Mayor Morris. No: Dusty Rhoades, Tom Augherton.

Ordinance 2024-01: Flood Insurance Program Updates

• Applicant presentation: Town Engineer presented routine updates to flood insurance ordinance. Changes: adoption of 2021 flood insurance study and rate maps; updating from 2011 to 2018 Arizona Revised Statutes flood management regulations.
• Staff recommendation: Minor administrative updates. No effect on insurance rates.
• Public comment: None.
• Council discussion: Thomas McGuire requested discussion of strategic plan priority (ordinance reviews and revisions) to identify which ordinances cause community confusion.
• Vote: 7-0, unanimous approval.

Quarterly Reports: Fire/EMS and Law Enforcement

• Applicant presentation: Chief Ford (Fire/EMS) presented second-quarter fiscal 2024 report, highlighting 7,000+ company training hours and 21,000 total training hours annually. Assistant Chief Dave Wilson presented comprehensive 2024 training plan. Law Enforcement (Marshall Stein) presented quarterly crime and traffic data: 209 speeding stops in town core Oct–Dec 2023, with 70% of violators Cave Creek residents; major crimes down (31 assaults in 2023 vs. 24 in 2022; 16 burglaries in 2023 vs. 21 in 2022).
• Staff recommendation: Reports accepted; no action required.
• Public comment: Bruce Arland raised concerns about uptick in transient/homeless population; Marshall Stein respectfully disagreed with characterization, noting isolated incidents and region-wide affordable housing crisis.
• Outcome: Reports accepted; Thomas McGuire requested hospital destination criteria be posted on town website; Councilmember Bunch praised partnership with Daisy Mountain Fire and Sheriff's Office.

Alternative Expenditure Limitation (Home Rule Option) — First Public Hearing

• Applicant presentation: Town Manager presented state-mandated home rule option renewal. Without voter approval every four years, town limited to ~$6 million annual expenditure (vs. current ~$50 million). No new taxes requested; authorization to spend already-collected revenues.
• Staff recommendation: First public hearing held. Second hearing scheduled March 4, 2024.
• Public comment: None.
• Council discussion: Robert Morris asked what would happen if home rule option failed (fire, roads, water, sewer, traffic enforcement would be eliminated). Town Manager confirmed.
• Outcome: First hearing completed. Resolution 2024-R22-03 to be considered for second reading March 4. If approved, would be submitted to Maricopa County Elections for July 30, 2024 ballot.

Scott Wells Non-motorized Trail Easement (Lone Mountain Road)

• Applicant presentation: Luke Kastman, Development Services Director, presented consent agenda item: property owner willing to dedicate existing trail easement to conform physical trail location with recorded easement boundary. Property at 7030 East Lone Mountain Road (APN 26-14-d006). Trail meanders outside recorded 2006 easement; new dedication would formalize current trail.
• Council discussion: Extended debate over trail connectivity, destination (washes), and need for detailed trail system maps. Thomas McGuire requested comprehensive town trail map showing dedicated vs. proposed trails. Tom Augherton concerned that public trail was ending on undedicated private property.
• Vote: Motion to table (not approve) passed, pending additional information and mapping. Individual votes not stated in transcript.
• Outcome: Tabled; will be reconsidered once detailed trail maps provided.

Opposition

Morning Star Properties Trail Easement — 6 speakers against (approximately 30 minutes of public comment):

1. Bruce Arland — 100+ signatures collected in 2 days (and growing); characterized easement as "Trojan horse"; questioned hidden consideration and quid pro quo; referenced 2014 Joe Freedman litigation where town paid Mark Stap's legal fees; expressed concerns that property could revert to higher density (127 homes vs. current 283) if easement accepted; criticized lack of transparency in executive sessions.

2. Sos Abraham — Philosophical argument about community preservation and cultural erosion from population growth; urged council to "listen to the hearts of the people."

3. Kathina B — Expressed longstanding contentious history with Mark Stap and Morning Star Properties; cited impact of 1969 Road easement; emphasized Cave Creek's identity as small bedroom community; noted motorized language not specified in deed; worried about access creeping from west side.

4. Jodi Powers — Resident at corner of Morning Star and Old Stage Road; asked council to reject gift, citing repeated access disputes with Morning Star Properties.

5. Dan Powers — Emphasized that only one council member lives on west side; warned that if developer "ruins our area," he hopes a developer builds "in your backyard."

6. Stacy Daniel — 15-year resident of private Kaba Ranch Road; reported Mark Stap has attempted Quick Claim three times for easement rights; recounted incidents of ATVs and motorized trespassing despite weekend gate locks; expressed fear that trail easement would become de facto road once word spreads.

7. Justine Fritz — Third-generation Cave Creek resident with son in attendance; characterized easement as "Trojan Horse Trail"; emphasized community preference for small-town atmosphere.

Main concerns:

1. Hidden quid pro quo—no public disclosure of what Mark Stap receives in return for "gift."
2. Motorized access—easement language does not explicitly restrict motorized vehicles; history of motorized trespass (ATVs) on adjacent private roads.
3. Future development leverage—anxiety that acceptance of easement enables Mark Stap to seek higher density (127 homes vs. current 283 approved).
4. Lack of transparency—executive session not open to public; details withheld; community feels blindsided (item appeared on consent agenda).
5. West-side development pressure—easement seen as first step in opening west side of town to regional through-traffic and development.
6. Property tax risk—speculation that quid pro quo might involve property tax or other fiscal incentive.
7. Irreversible commitment—once easement accepted and trail established, difficult to unwind.

Most compelling arguments:

• Stacy Daniel's testimony about ATVs and gates, and the difficulty of controlling access once a trail becomes widely known.
• Bruce Arland's reference to 2014 litigation and town's previous payment of Mark Stap's legal fees, suggesting history of disputes.
• Kathina B's emphasis on Cave Creek's identity and the cumulative effect of incremental concessions to motorized access.

Organized groups: No formal organization named, but signatures were collected door-to-door over two days, spreading across Spur Cross area and beyond.

Support

No speakers in favor of the Morning Star Properties trail easement. Council held executive session but took no vote. Robert Morris announced public open house to address community questions.

Project Details

Morning Star Properties Trail Easement:

• Applicant / Developer: Mark Stap, Morning Star Properties, LLC (also president of Kahahba Springs entity)
• Attorney: Joe Freedman (referenced in litigation context, not as attorney present)
• Location / Address: Morning Star Road and Old Stage Road area; cross-referenced as affecting 1969 Road easement corridor
• Current zoning: Not stated in transcript
• Proposed action: Gift of non-motorized trail easement (language does not explicitly restrict motorized use)
• Changes from previous version: Item originally on February 5 consent agenda; removed after community pressure; now pending executive session review and public open house

Scott Wells Trail Easement (Lone Mountain Road):

• Case number: APN 26-14-d006
• Applicant / Developer: Scott Wells, property owner
• Location / Address: 7030 East Lone Mountain Road, Cave Creek, AZ
• Current easement: 2006 recorded easement (10 feet wide, along western boundary)
• Proposed action: New deed to conform physical trail location with recorded easement; no new trail, just legal documentation of existing use
• Status: Tabled pending detailed trail maps showing trail connections and endpoints

Cave Creek Bike Week 2024:

• Event dates: March 29 – April 7, 2024
• Organizers: Brad Shaw (Hideway/Roadhouse), Arizona Bike Week
• Road closures: March 30–31 and April 4–7 (one lane eastbound and westbound, Schoolhouse Road to Bell Vista area)
• Capacity: Approximately 28,000 occupants (22,426 outdoors, 5,500 indoors at establishments)
• Traffic innovation: New crosswalk synchronization device piloted at two crosswalks (Hideway and Harold's)
• Coordination: Maricopa County Sheriff's Office (deputies on and off duty), Daisy Mountain Fire Department

Vote Breakdown

Ordinance 2024-02 (Four-Year Terms and Staggered Council) — First Reading:

• Final: 5–2 for referral to July 30, 2024 ballot
• Yes: Councilmember Bunch, Councilmember Alkama, Thomas McGuire, Vice Mayor Robler, Robert Morris
• No: Dusty Rhoades, Tom Augherton
• Abstentions / absences: None noted

Cave Creek Bike Week 2024 Special Event Permit:

• Final: 7–0
• Approved unanimously: All council members

Ordinance 2024-01 (Flood Insurance Program):

• Final: 7–0
• Approved unanimously: All council members

Scott Wells Trail Easement (Lone Mountain Road):

• Motion to Table: Passed (individual votes not stated in transcript)
• Outcome: Tabled pending additional mapping and information

Outcome & Next Steps

Morning Star Properties Trail Easement:

No vote taken. Executive session held to review legal issues with town counsel. Robert Morris announced a public open house (date to be scheduled) where community members can ask questions of Mark Stap, town staff, and attorneys. Item remains pending; will likely return to council after open house for formal consideration.

Four-Year Terms Ordinance:

Approved for first reading (5–2). Will return to council on March 4, 2024 for second reading and possible approval. If approved by council, language will be submitted to Maricopa County Elections for placement on July 30, 2024 ballot. Two ballot questions: (1) four-year term for mayor, (2) staggered four-year terms for council members. Term limits (two consecutive four-year terms) included in ordinance but not separately voted upon. Ordinance automatically rescinded if both ballot questions are not approved by voters.

Alternative Expenditure Limitation (Home Rule Option):

First public hearing completed. Second hearing scheduled March 4, 2024. If council approves Resolution 2024-R22-03 at second hearing, will be submitted to Maricopa County Elections for July 30, 2024 ballot. Without voter renewal, town's expenditure authority would drop to approximately $6 million annually (from current ~$50 million).

Cave Creek Bike Week 2024:

Approved 7–0. Event will proceed March 29–April 7, 2024. Road closures limited to March 30–31 and April 4–7. New crosswalk synchronization device will be piloted at two busy crosswalks to reduce wait times. Unified command structure with Sheriff's Office and Fire Department in place.

Scott Wells Trail Easement:

Tabled pending receipt of detailed trail system maps showing dedicated trails, proposed trails, trail endpoints, and connections to public lands. Will be reconsidered once mapping information provided to council.

Controversies & Context

Morning Star Properties Litigation History:

The trail easement dispute is rooted in at least a decade of contentious legal history. In 2014, Joe Freedman (presumably a neighboring property owner) brought a successful lawsuit against Mark Stap / Morning Star Properties regarding access across private property. The town of Cave Creek reportedly paid Mark Stap's legal fees in connection with that dispute—a fact cited by Bruce Arland as evidence of opaque dealings. Community speakers referenced this history as reason to distrust any "gift" from Stap.

Density and Development Concerns:

Community members believe the trail easement is a "Trojan horse" for future higher-density development on Morning Star Properties. Original concept plans allegedly allowed 127 homes; current approved plan permits 283. Speakers speculated that acceptance of the easement might enable Stap to challenge the lower density or extract future concessions.

Motorized Access and Precedent:

The easement language does not explicitly restrict motorized use. Community members on Kaba Ranch Road and adjacent properties have experienced repeated trespass by ATVs and motorized vehicles, and have installed gates to prevent access. Stacy Daniel testified that once a trail becomes widely known, control is lost and motorized riders follow. This fear of precedent—accepting one easement as first step toward regional through-trail and motorized access—animated much of the opposition.

Transparency and Executive Sessions:

A consistent complaint was lack of transparency. The item appeared on the February 5 consent agenda without public notice or opportunity for comment. Community members only became aware after removal from agenda. The executive session on February 22 was closed to public, raising concerns that critical details (quid pro quo, legal agreements) are being hidden. Robert Morris announced a public open house to address these concerns, implicitly acknowledging the transparency gap.

Slate Elections and Term Limits:

The four-year terms debate reflected a deeper historical anxiety about slate elections, which twice in the town's past led to recalls and instability. Tom Augherton argued that four-year staggered terms actually increase risk of slates (all three or four council members up at once, vulnerable to organized opposition), whereas two-year elections spread the risk and disrupt slate coordination. The proposal to add term limits was framed by supporters as preventing entrenchment, but opposed by others as unnecessarily limiting voter choice and discarding experienced council members (citing Bunch and Maguire as examples).

Political Self-Interest:

Tom Augherton and others argued that the current mayor and highest vote-getters would automatically receive four-year terms under the new system, benefiting them personally and delaying implementation until after the next election would be more credible. Robert Morris responded that she would not run for a second four-year term and that the town's strong financial and operational position justified the change. The debate hinged on whether the motivation was genuinely good governance (stability, continuity, reduced campaign burden) or incumbency protection.

State Preemption on Noise:

Marshall Stein acknowledged that Arizona Revised Statutes Title 28 preempts local noise ordinances for motorcycles, limiting the town's ability to regulate engine noise during Bike Week. Community tolerance and restaurant cooperation on band noise appears to be the practical limit of town control.

Regional Homelessness and Transience:

A brief exchange between Bruce Arland and Marshall Stein touched on an apparent uptick in transient/homeless individuals in town, with Stein attributing this to regional affordable housing shortage and court-ordered closure of Phoenix's "Zone" (skid row). This issue did not rise to the level of a formal agenda item but reflects broader regional pressures.

Duration

• This item (Morning Star Trail Easement): ~45 minutes (12 speakers, call to public + council discussion)
• This item (Four-Year Terms Ordinance): ~60 minutes (public comment + extensive council debate)
• Total meeting: Approximately 3.5 hours (includes fire/EMS report, law enforcement report, bike week, flood insurance, trail easement, four-year terms, home rule option hearing)

Other Notable Items

Interim Finance Director: Town Manager introduced Elias Joan as interim Finance Director, replacing the current director on family medical leave. No vote required.

Quarterly Fire/EMS and Law Enforcement Reports: Accepted without objection. Fire/EMS noted 21,000 annual training hours and strong ISO rating. Law Enforcement highlighted 209 speeding stops (70% Cave Creek residents) and declining major crime statistics. Thomas McGuire requested hospital destination criteria be posted online for public reference.