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Live Update: Prescott City Council, January 12 Featured

It's the first Live Update of the Prescott City Council meeting in 2021.

 Big Idea

  • Council meets for their regular meeting
  • Meeting is remote - on social media or Zoom
  • They will be discussing providing water to Stringfield Ranch and replacing Councilwoman Orr
  • Read more...

Welcome to the Prescott City Council voting meeting!

1. CALL TO ORDER
2. INTRODUCTIONS / ANNOUNCEMENTS

Councilwoman Billie Orr is reviewing her term on Council. 

3. INVOCATION Father Ian Emile Dunn with All Saints Anglican Church
4. PLEDGE OF ALLEGIANCE Mayor Mengarelli
5. ROLL CALL
6. CONSENT AGENDA

TUESDAY, JANUARY 12, 2021, 3:00 PM


The following Agenda will be considered by the Prescott City Council Voting Meeting at its Voting Meeting pursuant to the Prescott City Charter, Article II, Section 13. Notice of the meeting is given pursuant to Arizona Revised Statutes, Section 38-431.02. One or more members of the Council may be attending the meeting through the use of a technological device.

Viewing & Participation

This meeting may be viewed on Channel 64 and Facebook Live as well as on the City's website: City Council Live Meeting Videos

Or via Zoom by registering in advance at: Zoom Registration Link

Comments from the public may be submitted through the City website: Speaker Request Form

 

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. N.

A. Approval of Minutes from the December 15, 2020 Executive Session, the December 15, 2020 Study Session and the December 15, 2020 Voting Meeting.

B. Appointment of Jim Lamerson to the Board of Adjustment and Tim Holt to the Pedestrian Bicycle & Traffic Advisory Committee.

C. Approval of Retention of Outside Legal Counsel for Airport and Aviation Law Matters.

D. Sale of Real Property at Antelope Hills Golf Course

E. Approval of Acceptance of Governor's Office of Youth, Faith and Family STOP Violence Against Women Grant Program Funds in the Amount of $180,000 (RFGA No. ST-WSG-20- 010121-00; Contract No. ST-WSG-20-010121-08) and Approval to Staff Two Grant Funded Detective Positions.

F. Approval of RVP20-005, a Revision of Plat for Granite Dells Estates Phase 1D.

G. Approval of FNP20-010, Final Plat for Granite Dells Estates Phase 3C.

H. Approval of City Contract No. 2021-095 with Jack McClung for the Donation of "Raven" an Original Framed Photograph to the City of Prescott.

I. Approval of CSP20-004 a Comprehensive Sign Plan for Dells View Apartments, 2051 Willow Lake Road (APN 106-13-031H). Property Owner: DV Phase 1; Applicant: Lafferty Development; Agent: Arcadia Signarama Sign Company.

J. Approval of City Contract 2021-087, an Intergovernmental Agreement with Arizona Department of Transportation for Pavement Preservation Work at Prescott Regional Airport, to Include a 10% Payment in the Amount $31,347. Funding is Available in the Airport Fund.

K. Acceptance of Grant No. E1S1M01C from the Arizona Department of Transportation in the Amount of $1,575,000 for a Perimeter Security Upgrade Project at Prescott Regional Airport.

L. Approval of City Contract 2011-003AS01, Consent to Assignment of Lease from Guidance Helicopters, Inc to Hangar 3, LLC for Property at Prescott Regional Airport.

M. Approval of City Contract 2005-251AS02, a Consent for Assignment of Lease from Prescott Hangars, LLC to Juliet Tango, LLC, for Property Located at Prescott Regional Airport.

N. Approval of City Contract No. 2021-094 with Capital Improvements, LLC for the FY20 2

Miscellaneous Concrete Repairs & Demerse/Morell Storm Drain Project in the amount of $169,000. Funding is Available in the Streets Fund.

Councilwoman Rusing pulls C,F,G,M

Goode: Pulls L

Consent Agenda passes, without the pulled items.

Rusing comments - 

She wants the new attorney for the airport to be paid out of the Airport fund, not the general legal fund.

She clarifies the scope of the new attorney's responsibilities. 

Goode expresses his approval of this appointment, but also offers his opinion that the airport manager should be able to jump over the City legal department and go directly to the new attorney. He claims that in the past some of the legal counsel he has received was less than satisfactory. (paraphrased by this editor). Paladini responded that his job responsibilities are clear in the City charter, and he's going to follow the law, therefore matters referred to the aviation attorney will go through him.

Item C passes unanimously.

Item F & G are being discussed together regarding the abrogation easement for this development. 

These items are to determine noise levels and overfiight notes and ask the new airport attorney for the correct statements, etc.

Michael Lamar explains that this is why they want to have an aviation attorney on retainer. Lamar said he wants to know what the rules are, what they've already negotiated away, and what they should do in the future. 

Councilman Goode says that it was his understanding that would-be buyers would be required to sign abrogation easement, but he does not think this has occurred. He expresses a concern about liability. 

Attorney Paladini responds that developments around the airport have all had abrogation easements, but renogiating back twenty or so years may require some negotiations. 

Items 6F & G: Pass unanimously.

Item L: Goode discusses the new lease terms and emphasizes that the terms are good.

Item L: Passes unanimously. 

Item M: A discussion took place earlier in an Executive Session. Rusing wants to ensure that this lease is acceptable to the FAA, and notes that she thinks it is below market value. She wants the airport attorney should take a look at it.

Paladini said that the lease is being assigned from one legal entity to another, without changing the terms of the lease.

Goode is concerned about the performance of the current lessee and said that the current lessee has not lived up to the agreement, and that the new lessee knows what they are getting into.

Item N: Passes 5-2, Goode and Rusing in dissent.

 

7. CONSENT ORDINANCE
Recommended Action: MOVE to approve Consent Ordinance Items 7. A. through 7. C.

A. Adoption of Ordinance No. 2021-1738 Authorizing Partial Abandonment of an Easement no Longer Needed by the City.
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE ABANDONMENT OF A PORTION OF THAT CERTAIN PUBLIC UTILITY EASEMENT LOCATED OVER A PORTION OF LOT 72 AND LOT 73, AS SHOWN ON THE FINAL PLAT FOR THUMB BUTTE ESTATES II, AS RECORDED IN BOOK 21 OF MAPS, PAGE 38, RECORDS OF YAVAPAI COUNTY, ARIZONA AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID ABANDONMENT OF EASEMENT.

B. Adoption of Ordinance No. 2021-1739 Authorizing the Acceptance of a Public Sewer Easement from Paul A. Ilacqua and Julie M. Bartz.
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE ACCEPTANCE OF A PUBLIC SEWER EASEMENT AGREEMENT, FROM PAUL A. ILACQUA AND JULIE M. BARTZ, AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID ACCEPTANCE.

C. Adoption of Ordinance No. 2021-1741 Repealing Prescott City Code Title IX, Chapter 9-1 (Prescott Traffic Code) Section 9-1-20 (Use of Electronic Devices).

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, REPEALING PRESCOTT CITY CODE TITLE IX, CHAPTER 9-1 (PRESCOTT TRAFFIC CODE) SECTION 9-1-20 (USE OF ELECTRONIC DEVICES).

Consent Ordinances all pass unaminously.

 

8. REGULAR AGENDA

A. Approval of New Plans Examiner/Building Inspector Position for Community Development.
Recommended Action: MOVE to approve new Plans Examiner/Building Inspector position for Community Development, with the duties and paygrade as shown in the established job description.

Permitting requests spiked from previous months in December. They are buried and not able to keep up.

Much, but not all, of the cost will include cost recovery. Expected that the new inspector will cross-train.

 Mayor Mengarelli compliments their extra efforts during the pandemic, noting that they were able to pivot during a difficult time.

Steve Blair wants faster review, aiming for 3-4 week 1st review and 2 weeks on 2nd review.

Billie Orr states that she supports this and wants to support the construction industry. 

Motion passes unanimously. 

 

B. Adoption of Ordinance No. 2021-1742, Amending City Code Title I (Administrative) Chapter 1-4 (Elections) by Adopting a New Section 1-4-4 Relating to the Number of Signatures Required on Nominating Petitions; Declaring an Emergency and Providing for a Severability Clause.


AN ORDINANCE OF THE COUNCIL OF THE CITY OF PRESCOTT ARIZONA, AMENDING CITY CODE TITLE I (ADMINISTRATIVE) CHAPTER 1-4 (ELECTIONS) BY ADOPTING A NEW SECTION 1-4-4 RELATING TO NUMBER OF SIGNATURES REQUIRED ON NOMINATING PETITIONS; DECLARING AN EMERGENCY; AND PROVIDING FOR A SEVERABILITY CLAUSE.

Recommended Action: MOVE to adopt Ordinance No. 2021-1742

Currently, there is not a standard in the charter or the City code. 

Rusing asked if they would have to collect fewer or more signatures? The standard doesn't change.

Public Comment: Ellie Laumark (sp): Wants signatures to be gathered online. 

Another Public Comment: Not sure of name. Wants to know when packet will be available. Later this week.

Passed unanimously. 

 

C. Approval of City Implementation Strategy for Total Compensation Study and Approval of Revised City Code Chapter 1-20.
Recommended Action: 1) MOVE to approve city implementation strategy for total compensation study; and 2) MOVE to approve proposed City Code Chapter 1-20.

This is a bit confusing to write about it - I recommend you listen to the full discussion.

However, this cannot be voted on this right now, because it includes changes to the City Code.

It sounds like it will be approved when it can be voted on with the Code changes. 

The entire Item 8C cannot be voted on during this meeting, because it includes changes to the code.

What can be voted on passed 7-0

 

D. Adoption of Resolution No. 2021-1766 Approving City Contract No. 2021-090 for an Intergovernmental Agreement Between the City of Prescott and the Stringfield Ranch Domestic Water Improvement District and City Contract No. 2021-091 Between the City of Prescott and Stringfield Ranch LLC A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE CITY OF PRESCOTT TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH STRINGFIELD RANCH DOMESTIC WATER IMPROVEMENT DISTRICT OF YAVAPAI COUNTY, ARIZONA AND A CONTRACT BETWEEN THE CITY OF PRESCOTT AND STRINGFIELD RANCH LLC TO PROVIDE WATER SERVICE AND SEWER TREATMENT TO THOSE PROPERTIES WITHIN THE DISTRICT AND NEAR TO THE CITY SYSTEM THAT THE DISTRICT CURRENTLY LACKS WATER AND SEWER INFRASTRUCTURE NECESSARY TO SERVE AND FOR THE DISTRICT AND DEVELOPER TO CONSTRUCT THE PUBLIC INFRASTRUCTURE, AND AUTHORIZING THE MAYOR AND STAFF TO TAKE ANY AND ALL STEPS NECESSARY TO ACCOMPLISH THE ABOVE.

Recommended Action: MOVE to adopt Resolution No. 2021-1766

A very heated discussion. Councilman Goode has been undermining Attorney Jon Paladini all day long. Now, Goode's saying that he thinks part of this might not be legal. He thinks that it is possible that the developer can add more homes in the future, and the City is only obligated to provide water to 340 homes. It's obvious that Goode is going to vote against it. It would have to be voted on by the current council at the time. Goode also is unhappy about providing water to areas outside the City limits. He states that he will not support this resolution.

Councilwoman Orr apologizes to the owner, and says that the City of Prescott has missed an opportunity to annex this development.

(My browser just quit, so some of my notes were lost.) 

 

E. Approval of Process for Filling a City Council Vacancy.
Recommended Action: 1) MOVE to approve filling the vacancy by either: a. appointing for the unexpired term (through November 2023) or b. appointing until the November 2021 election for a "short term" special election; and 2) MOVE to approve the timeline presented by staf for the application filing period and interviews for filling the upcoming City Council Vacancy.

 Several comments received. Most were in favor of option "B".

They are hoping to have the filing period open for 2 weeks, then the Executive Session would take place, plus interviews in a separate Executive Session. The new councilmember would be seated by February 23, I believe. 

Council voted for Option A, 4-2. Goode and Rusing in opposition.

Right now, it looks like the applications will be open for 2 weeks, starting tomorrow.

Blair wants it to be no longer than 2 weeks, and does not want anything done in Executive Session. If they were running, they'd be in the public light, anyway, he says.

Paladini notes that the applications are public records. 

There appears to be consensus on a 2 week period for applications. What to do after that is still a little uncertain, part of that is because they don't know how many applicants they will receive.

So, they will likely discuss the process in an Executive Session after the applications have been received. 

 

9. ADJOURNMENT

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Last modified on Tuesday, 12 January 2021 18:32
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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