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Live Update of the Prescott City Council - July 13, 2021 Featured

It's the live update of the Prescott City Council. Three meetings today!

Big Idea

  • The Prescott Council will consier the AED Annexation
  • There is a special voting meeting at 1 PM
  • Council and the public will comment
  • There is also a regular voting meeting today
  • Read more...

 

1 PM Voting Meeting: Discussion of AED Annexation & Master Plan

1. CALL TO ORDER


2. ROLL CALL: All here, although Steve Sischka is attending via remote conversation.

Watch the entire meeting here: 

Public Comments:

Kathleen Murphy - doesn't trust the City, feels they don't always keep their promises. Also states that they are depending on a 100 year study during the "wettest period for 1000 years."

Dr. Tom Rusing - Speaking as an individual, not as a member of Save the Dells (STD). The deal negotiated is far from ideal, but it does achieve the main goal... We have reason to celebrate today, but the work is not done... Interrupted by Attorney Paladini, warning against campaign-style rhetoric, which is against Arizona state law. He thanks the STD committee. He also thanks his wife, Council member Cathey Rusing for standing up for what is right. Calls the deal a historic agreement.

Amber Fields - Chairman of STD. Notes that this vote is historic. Has worked to protect the heart of the Granite Dells. She states there has been a revolution in government. Notes that Jason Gisi is being very generous. Has an area in the southern portion of 10 acres that she would like to see saved. She recognizes that there has been compromise in this agreement. STD encourages the Council to vote yes on the annexation. "This is democracy in action..." 

Jeri Smith Fornara - Says she's lived here in Prescott for 80 years. Thinks that there are loopholes in the agreement. I'm happy that the Save the Dells did this, but I am not at all happy about it. When you are dealing with Dell Webb and Gisi, buyer beware. 

Jason Gisi -Tough negotiations render good deals. Thank you. Your staff did a wonderful job. This has been the most transparent process in my 25 years in Prescott. It has not been easy. Thank you for that.

Rory Levy - Still asking for proposed telecom plan and map. Wants to know where the locations will be. Wants to pull the vote until there is a telecom plan included. 

Council Comments

Alexa Scholl, Mayor Pro Tem: Notes that this is a historic agreement and thanks everyone for their efforts. 

Cathey Rusing: Hopes they're one step closer to a regional park. Notes that the airport will be protected from encroachment. Thanks Mr. Gisi and the rest of the Council.

Clark Tenney: Credits the STD. Views the agreement as a nice sweater with fuzz on it. You pick as much of the fuzz off as you can, without unraveling the sweater. "I think we've got it to a pretty good spot."

Phil Goode: Thanks the STD organization for their diligence. Credits STD for making the agreement much more acceptable. Most issues have been addressed and adopted, "We've got a pretty good agreement to go forward with." I would have preferred a longer public comment and review... But I think we are rapidly moving to a decision today. Future councils will have to make sure these agreements are kept. I will support this DA with a commitment to ensure the clauses are held... I'm really happy to be involved in this historic vote and event. 

Steve Sischka: I think it is time for this community to heal and move forward together. I am going to vote to protect the airport and save the dells into the future. 

Mayor Mengarelli: Thanks the staff, including Jon Paladini and Michael Lamar. He also thanks the applicant Jason Gisi and Steward Swanson for hanging in there with us. He thanks Amber and Joe for their input. "This is a gift to our community and our region... I'm very proud to be sitting here today."

Steve Blair: Notes that the City has purchased 2000 acres so far. It is a crown jewel and I'm glad to have this done.

Motions are read individually - all 10 of them! All pass 7-0!

Ordinances: 


3. REGULAR AGENDA A. Consideration of Proposed Annexation of Property Belonging to Arizona Eco Development with Associated Master Plan, Rezoning and Development Agreement Approval. Areas are Collectively Known as AED North and AED South (ANX18-004, ANX18-005, MPA18-002, MPA18-003, PLN18-018 and PLN18-019).

Ordinance No. 2021-1768 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF PRESCOTT BY ANNEXING APPROXIMATELY 1658 ACRES OF RESIDENTIALLY ZONED LAND (RCU-2A), GENERALLY LOCATED EAST OF PRESCOTT REGIONAL AIRPORT AND NORTH OF SR 89A IN YAVAPAI COUNTY, ARIZONA, INTO THE CITY OF PRESCOTT AND ASSIGNING ZONING CLASSIFICATIONS THERETO

Ordinance No. 2021-1769 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF PRESCOTT BY ANNEXING APPROXIMATELY 858 ACRES OF RESIDENTIALLY ZONED LAND (RCU-2A, R1L-35, R1L-18), GENERALLY LOCATED EAST OF SR89 AND SOUTH OF SR 89A IN YAVAPAI COUNTY, ARIZONA, INTO THE CITY OF PRESCOTT AND ASSIGNING ZONING CLASSIFICATIONS THERETO

Ordinance No. 2021-1770 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF PRESCOTT GENERALLY LOCATED EAST OF PRESCOTT REGIONAL AIRPORT AND NORTH OF SR 89A FROM RURAL ESTATE 2 ACRE (RE-2A) ZONING DISTRICT TO NATURAL OPEN SPACE (NOS), SINGLE-FAMILY 6 (SF-6), INDUSTRIAL TRANSITION (IT), INDUSTRIAL GENERAL (IG) AND MIXED USE (MU)

Ordinance No. 2021-1771 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF PRESCOTT GENERALLY LOCATED EAST OF SR89 AND SOUTH OF SR 89A FROM RURAL ESTATE 2 ACRE (RE-2A), SINGLE-FAMILY 35 (SF-35), SINGLE-FAMILY 18 (SF-18) ZONING DISTRICT TO NATURAL OPEN SPACE (NOS), SINGLE-FAMILY 6 (SF-6), MULTIFAMILY HIGH (MFH), AND SPECIALLY PLANNED COMMUNITY (SPC)

Recommended Action: Development Agreement MOVE to Adopt Resolution 2021-1785 approving the Development Agreement (City Contract 2022-011)

Annexations MOVE to:

1. Adopt Ordinance No. 2021-1768 approving Annexation ANX18-004 (AED North)

2. Approve Equivalent City of Prescott zoning for AED North upon annexation to be Rural Estate 2-acre (RE 2-acre)

3. Adopt Ordinance No. 2021-1769 Approving Annexation ANX18-005 (AED South)

4. Approve Equivalent City of Prescott zoning for AED South upon annexation to be Rural Estates 2-acre (RE 2-acre), Single-family 35 (SF-35) and Single-family 18 (SF-18) Intergovernmental Agreement

MOVE to Adopt Resolution 2021-1786 approving an IGA with the Town of Prescott Valley AED North

MOVE to:

1. Approve Memorandum of Master Plan for AED North (MPA18-002)

2. Adopt Ordinance No. 2021-1770 approving the Rezoning of various portions of AED North to NOS, IG, IT, MU, SF-6 and SF-6 MH (PLN18-018) AED South

MOVE to:

1. Approve Memorandum of Master Plan for AED South (MPA18-003)

2. Adopt Ordinance No. 2021-1771 approving the Rezoning of various portions of AED South to NOS, SF-6, MF-H and SPC (PLN18-019)

4. ADJOURNMENT


3 PM Regular Voting Meeting

1. CALL TO ORDER

2. INTRODUCTIONS / ANNOUNCEMENTS

3. INVOCATION from Pastor Jesse Burke with Sanctuary Covenant Church

4. PLEDGE OF ALLEGIANCE - Councilman Tenney

5. ROLL CALL

6. CONSENT AGENDA

Items listed on the Consent Agenda may be enacted by one motion and one vote. If discussion is required by members of the governing body, the item will be removed from the Consent Agenda and will be considered separately.

Recommended Action: MOVE to approve Consent Agenda Items 6.A. through 6.F.

A. Approval of Minutes from the June 15, 2021 Executive Session, the June 15, 2021 Study Session, the June 22, 2021 Executive Session, the June 22, 2021 Study Session, the June 22, 2021 Voting Meeting and the June 29, 2021 Study Session.

B. Approval of City Contract No. 2019-080A4, an Amendment to City Contract No. 2019-080 with Herb Dishlip Consulting for Continued Services Related to Water Resource Management, in the Amount of $50,000.00. Funding is Available in the Water Fund.

C. Approval of City Contract No. 2022-002 for the Purchase of One (1) Vac-Con Mudslinger MS800 Vacuum Trailer from Balar Equipment using the Houston-Galveston Area Council (HGAC) Contract SC01-21 Pricing in the Amount of $125,715.37. Funding is Available in the Water Fund.

D. Approval City Contract No. 2022-003 with Tyler Technologies for Annual Support and Licensing of the MUNIS Financial System in the Amount of 152,427.01. Funding is Available in Various City Funds.

E. Approval of Payment of FY22 League of Arizona Cities and Towns Membership Dues in the Amount of $28,221.00. Funding is Available in the General Fund.

F. Approval of City Contract No. 2022-010 with Willdan Engineering for Ongoing Building Support Services in An Estimated Annual Amount of $140,000. Funding is Available Through the General Fund with Partial Cost Recovery.

Items A-E, except for B pass unanimously. 

Items 6 B and 6 F have been pulled by Councilwoman Cathey Rusing. 

B. Herb Dishlip is assisting the City in understanding the water usage. He is paid on an hourly basis, and this amount may cover the next one-two years. Passes 7-0

F. A continuation of the contract with Willdan Engineering. This contract has assisted and taken the heat off the City staff. Passes 7-0

7. REGULAR AGENDA

A. Discussion Regarding Possible Development at APN 105-04-217A, What is Commonly Known as Petroglyph Pointe Under Existing Business General Zoning Designation.

Recommended Action: This item was requested by members of Council, there is no recommendation from staf at this time.

Rusing and Goode requested that this be added to the agenda.

Goode thinks that the use for the area under discussion is being changed from the original purchase.

Rusing thinks that the current zoning laws are archaic. 

The land has always allowed mixed use - commercial and private parties, according to Bryn. The acreage determines the density.

Attorney Paladini interrupts - he says that there is no meeting at this point, then the council can't talk about it with any facts yet. If the location is within appropriate usage for the zoning, there is nothing that can be done, unless the City buys it. "My concern is that we're talking about something that's hypothetical..." Paladini states that they're triggering potential lawsuits. 

Councilman Goode asks Paladini to explain 207, which is restricting any changes, and can be a legal liability if they were to try to change it.

"We're limited to what we can do," Sischka says. "I don't even know what the developer is proposing... You need to work with the developer to understand what they have in mind."

"The Master Plan is just a guideline, on which different items can fit."

Jim Jonas (?) is disagreeing with the City Attorney as to the applicability of Law 207. He claims that some City staff member allowed it to change.

Paladini doesn't think the City can involuntarily change the plat of a development. 

Michael Broggie: Property initially identified as an office retail area, or medical office park. "Reportedly, there are plans in place to change this plan into hundreds of apartments?"

Joe Tomey: We're not talking about zoning. The master plan and the development agreement - the sites were all part of the master development plan. He's wondering how they can increase the density. 

Paladini points out that the City cannot enforce CC&R's. That's a private contract.

Jim Gering: He's a retired water engineer. He thinks that the apartment buildings would take about 8 times as much water as business buildings would. He wants them to look at the water allotment for the apartments.

Russell Lafayette: Retired hydrologist. Wants to look at how much water, the timing of the water and the quality of the water.

Deborah Pernice: Claims that Prescott is becoming "LosAngelized". She feels "betrayed".

John Mapes: Discussing safety issues, such as response times for public safety. He wants infrastructure to be looked at. 

Beau Orica: For the new owner, he will have to maximize the number of apartments that will go in there. "We don't want Prescott to become a haven for developers to fill their pockets." 

Deborah Thedwick: "Very familiar with government, governance..." She wants impact fees to be considered, and implemented. She also asks about conflict of interest rules, does Prescott have any. Then she makes a snide comment about the mayor listening in, since his "wife stands to profit from this". 

Paladini states that the Mayor does not have a conflict of interest because there is nothing that the Council can do about the topic which was originally on the agenda.

Another person stood up and said, "I am the listing broker, not Sheila."

Michael Lamar, City Manager: He thinks that there needs to be a strong discussion of inclusive vs. exclusive zoning. 

This is a confusing issue, but Council will look into it further, specifically to find the development agreement and also look at zoning for the future. 

B. Presentation and Overview from Barry Aarons Regarding the 2021 Arizona Legislative Session.

Recommended Action: This item is for discussion only. No formal action will be taken.

Frustrating session. 

Severe restrictions.

Hybrid hearings in House, not allowed in Senate. 

30-40 bills worked on for City of Prescott:

Income tax cut - not quite a tax cut, but it could become one. 

Successful: Shared revenue percentage moved up to 18%.

HB2906 - Prohibit local and state entities from requiring them to provide CRT, and employees cannot be forced to take it.

HB2893: Criminal justice reconciliation - adds an addition to 1487 revisions. Can file an action against their policies.

SB1406: Did not pass - change for aircraft license fees.

Private attorney retention: Not in the best interest of governance across the state.

"Nothing on June 30th we did that we couldn't have done on April 30th."

"In an emergency, such as for a pandemic, asking a government body to make policies, does not bode well for success."

Water legislation - passed two bills that were very important. Streamlining of the water banking water authority. Some cities were able to extend their remediation plans by 25 years. Generous increases to the budget of the ADWR, including staffing. 

"Water is clearly something of which there is high cognizance," Barry said.

The $5M for the hotshots is guaranteed - it's in the base.

There might be some money available for unfunded infrastructure. 

C. Adoption of Ordinance No. 2021-1761 Setting the FY22 City Property Tax Levy.

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY OF PRESCOTT, SUBJECT TO TAXATION, A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, LESS THE AMOUNT ESTIMATED TO BE RECEIVED FROM OTHER SOURCES OF REVENUE PROVIDING FUNDS FOR THE GENERAL MUNICIPAL EXPENSES, FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2022

Recommended Action: MOVE to adopt Ordinance No. 2021-1761

Property tax rate will be reduced to .2378 from .284 - it's a 4% tax reduction. The only increase in the levy is related to new construction.  

Passes: 5-1. Phil Goode voted against it, but did not say why. 

D. Approval of City Contract No. 2021-148A1, an Amendment to City Contract No. 2021-148 with Asphalt Paving & Supply, Inc. for the FY21 Pavement Rehabilitation Project in an Amount not to Exceed $207,000. Funding is Available in the Streets Fund.

They found extensive volumes of clay under SmokeTree lane and other issues that created a need for higher funding.

Recommended Action: MOVE to approve City Contract No. 2021-148A1

E. Adoption of Ordinance No. 2021-1767 Approving City Contract No. 2022-008 an Amended and Restated Lease Agreement with Prescott Frontier Days, Inc. for the Prescott Rodeo Grounds.

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE ENTERING INTO OF THAT CERTAIN PRESCOTT RODEO GROUNDS AMENDED AND RESTATED LEASE AGREEMENT BY AND BETWEEN THE CITY OF PRESCOTT AND PRESCOTT FRONTIER DAYS, INC. FOR LEASE OF THE PRESCOTT RODEO GROUNDS AND AUTHORIZING THE MAYOR PRO TEM AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID PURCHASE Recommended Action: MOVE to adopt Ordinance No. 2021-1767

Phil "absolutely loves the rodeo." However, he cannot support this new contract in its current form. He thinks it opens up the activiites are opened up too widely, and there might be an impact to the community and residents nearby. It gives complete control to PFD within their sole and complete discretion. He believes there would be no oversight from the City of Prescott. He has a list of reasons he disagrees with the contract.

Cathey Rusing also has a few concerns about the contract - she thinks the 50 year lease is too long, prefers 30 years. Wants more Council oversight on subleases. She thinks it should be "tuned up" and brought back in 30 days.

Paladini says that there is 25 years on the current lease, and the City owes a master plan, and is 13 days late. 

Tom Cantlon: He is positive about the rodeo itself - it's the details, not the general ideas. 

Deb Thalisitis: She thinks it should be postponed until more information is provided. Think that City Parks and Rec should do the management. She wants to be involved and allowed to give input.

The entire site is zoned multi-family high density.

Ralph Hess: He's concerned about the process and whether the city as landlord is getting as good a deal as it should. He wants to know if the lease is consistent with the general plan. No provision for periodic rental payment or security deposit. Ralph thinks that it should be published for two weeks.

Howard Mechanic: Since the Mayor initiated this lease, the council can cancel it at any time. He thinks the new lease is worse than the old lease. 

Jon Paladini states that much of the business analysis given by the public is incorrect. He suggests that they have an executive session to understand what Council would like.

Blair suggests that the comments are politically motivated and he's p-o'd.

Rusing - time is of the essence. 

Paladini - but it isn't. There's a lease in place already. Just a matter of continuing this until it's ready to bring it back later.

Vote to table it to renegotiate certain points. 

Mayor's quote for the day: Abraham Lincoln: "With malice toward none; with charity for all; with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in; to bind up the nation’s wounds..."

8. ADJOURNMENT: 5:43. Whew.

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Last modified on Tuesday, 13 July 2021 17:43
Published in Prescott.news
Lynne LaMaster

Lynne LaMaster is the Editor and Publisher of CopperState News. In her past life, she was the founder of a successful local news media publication in the Prescott area. She started CopperState News with the idea that local news deserves a statewide platform.

Besides prowling around for community news - especially good news! - Lynne and her husband Lewis enjoy their eight children and six grandchildren (although more are always welcome!). Lynne is connected non-stop to her camera and loves creating unique gifts with her Cricut!

One of her favorite sayings is, "It's not about me!"

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