Live Update of the Prescott City Council Meeting: July 27, 2010
The following Agenda will be considered by the Prescott City Council at its Regular Voting Meeting pursuant to the Prescott City Charter, Article II, Section 13. Notice of this meeting is given pursuant to Arizona Revised Statutes, Section 38-431.02.
CALL TO ORDER
HAPPY BIRTHDAY COUNCILMAN LAMERSON! FROM PRESCOTT eNews!
INTRODUCTIONS
Introduced Bradley Beauchamp, congressional candidate for CD1.
Also introduced John Olsen, who applauds Mic Fenech for his efforts in the Elks Theater Restoration.
Former Councilman Bob Luzius is also acknowledged.
INVOCATION: Rabbi William Berkowitz, Temple B’rith Shalom
PLEDGE OF ALLEGIANCE: Councilwoman Linn
ROLL CALL: MAYOR AND CITY COUNCIL:
- Mayor Kuykendall
- Councilman Blair
- Councilwoman Linn
- Councilman Hanna
- Councilwoman Lopas
- Councilman Lamerson
- Councilwoman Suttles
All here!
SUMMARY OF CURRENT OR RECENT EVENTS
Norwood thanked Olsen for the comments. Notes that the staff did a great job. Friday, Saturday and Sunday for hosting softball tournaments – 60 teams, hotels full. Busy weekend.
I. PUBLIC COMMENT
A. Frank Creelman re Lessons by J.C., the Constitution of the United States of America and the Declaration of Independence (understanding; kindness; caring; compassion; “Do unto others…”; and rights to life, liberty and pursuit of happiness).
II. PRESENTATIONS
A. Introduction of new businesses.
Two brand new businesses, and one long-time.
MAT Search, Inc.
Thanks Mayor, the City of Prescott and the Chamber. Conducts business on a national level, able to conduct searches locally and nationally.
Thanks the people of Prescott – the biggest asset.
Donald and Elise Hinrichsen
928.778.2729
Pinegrove PreSchool and Aftercare
Janet Adams and Melanie (last name?)
Adams lived her 17 years, started teaching at Christian Academy. Taught several places, special ed, K-8 certified.
Thanks the city – which supported and helped through the process.
Hopes to employ 8-10 people. Will take kids 2-5, non-potty trained.
277-1424
217 Grove Avenue, Prescott AZ
Check out their Web site: pinegrovepreschool.com/
NAU Extended Campus Programs
Students who transfer to complete degrees.
Onsite and online classes will be offered soon. Notes that these are popular, called 90 – 30 programs. (90 Credits can come from Yavapai College, and 30 credits from NAU.)
Also notes the Y2 program. Application fee waived. Become NAU student at the same time they become a Yavapai College Student.
B. Presentation of video commissioned by PrescotteNews re Prescott.
This was a video Prescott eNews commissioned to promote Prescott and Prescott eNews. It’s our gift to the City of Prescott!
C. Presentation of Award from Access 13 for Government Program of the Year for the Frontier Days Wrap-up.
Tammy Linn went to accept the award for Kim Kapin and David Veatch, and now is giving it to them.
III. CONSENT AGENDA
Mary Ann Suttles asked for a description of a truck-mounted attenuator which will help prevent accidents.
CONSENT ITEM A THROUGH G LISTED BELOW MAY BE ENACTED BY ONE MOTION. ANY ITEM MAY BE REMOVED AND DISCUSSED IF A COUNCILMEMBER SO REQUESTS.
A. Award of contract to Asphalt Paving and Supply in an amount not to exceed $100,000.00 citywide for aggregate materials.
B. Award of contract to Crafco, Inc., in accordance with ADOT contract T0721A0067 for a not-to-exceed amount of $100,000.00 for asphaltic rubber crack sealant.
C. Approval to purchase a truck-mounted attenuator from Highway Technologies in the amount of $22,965.55.
D. Adoption of Resolution No. 4032-1102 – A resolution of the Mayor and Council of the City of Prescott, Yavapai County, Arizona, accepting a grant from the Governor’s Office of Highway Safety to support officer overtime, employee related expenses and purchase of equipment necessary to support highway safety.
E. Adoption of Resolution No. 4033-1103 – A resolution of the Mayor and Council of the City of Prescott, Yavapai County, Arizona, authorizing the City of Prescott Police Department to enter into an Intergovernmental Agreement with the Maricopa County Sheriff’s Office (“MCSO”) to enhance the effectiveness of law enforcement by increasing information sharing related to crime and criminal activities through participation in the AZLink Program and authorizing the Mayor and staff to take any and all steps necessary to accomplish the above.
F. Adoption of Resolution No. 4034-1104 – A resolution of the Mayor and Council of the City of Prescott, Yavapai County, Arizona, authorizing the City of Prescott to enter into a Right-of-Way Agreement with the State of Arizona, Arizona State Land Department, for the Northwest Tank Public Safety Communication Tower Site, and authorizing the Mayor and staff to take any and all steps necessary to accomplish the above.
G. Approval of the Minutes of the Regular Voting Meeting of July 13, 2010.
Motion passed unanimously.
IV. REGULAR AGENDA
A. Public Hearing and consideration of a liquor license application submitted by Randy Nations, agent for The Club at Prescott for a new Series 6, Bar, license for The Club at Prescott Lakes located at 315 E. Smoketree Lane.
Applicant here, no questions from council.
Passes unanimously. Liquor license approved.
B. Authorization of payment to Tech Logic Corporation in the amount of $146,715.00 for automated Materials Handling equipment at the Prescott Public Library. (FUNDED THROUGH YAVAPAI COUNTY LIBRARY DISTRICT)
Radio Frequency Identification Device. If a book or dvd is not checked out an alarm will sound if someone attempts to take it out. Now there will be a sorter to help automate tedious tasks.
Currently, they check in 1000s of items every day. This would help keep everything afloat. all this work would typically be done by library staff and volunteers.
Friends of the Public Library have committed a $100K donation.
This expenditure is budgeted and will have no impact on the general fund.
Asks if there are any other libraries that are using this besides Prescott Valley Public Library? Camp Verde began using RFID technology for checkout. In the long run, the plans are to do automated materials sorting at the county facility.
There is some maintenance required, and costs 7% of the purchase price.
Lora Lopas notes that it is an excellent technology and also ergonomically friendly.
Blair – asks what happens to the paid employees. Why isn’t there an immediate savings with reduced employees?
Business at the library is up 30%, staff is down 10%.
Generally 2 paid employees would check in books, and this will help to allow them to fill other needs.
Norwood noted that they’ve eliminated about 3 1/2 positions from the library. Also notes that the Friends have been a super partner with the library.
Hanna asks where the money comes from for maintenance. Out of the county library automation fund.
Linn notes that this might help save people’s backs.
Lamerson notes that this is truly a relationship between different organizations and the library and the public.
nmrls.org/msdc/autosort/amhs-background.pdf
C. Adoption of Ordinance 4753-1104 – An ordinance of the Mayor and Council of the City of Prescott, Yavapai County, Arizona, amending Chapter 15-1-12: Vehicles, Speed Limits and Parking, of the Prescott City Code by adding sections thereto for regulating parking areas and fees under the jurisdiction of the Parks and Recreation Department with the City of Prescott; establishing fines for violations of said regulations; and authorizing the Mayor and City staff to take all necessary steps to effectuate said regulations.
$20 pass, 20 visits, $40 pass, 60 entrances; $80 unlimited
Wednesdays are free user day.
Also, the humane society volunteers will not be affected, these are parking fees.
You can punch in an eight-digit PIN, and anyone in the family can use it.
D. Adoption of Resolution No. 4031-1101 – A resolution of the Mayor and Council of the City of Prescott, Yavapai County, Arizona, authorizing the application for and acceptance of a Transportation Enhancement Grant from Arizona Department of Transportation for a separated grade crossing for the City of Prescott’s Peavine National Recreation Trail, and authorizing the Mayor and staff to take any and all steps necessary to accomplish the above.
Lamerson said he’s not sure this is the best use of the grant money, but notes they can change their mind.
Hanna asked if anyone has ever turned down grant money before.
Blair asks about a lot of questions that haven’t been addressed. “Im not an easy sell on this one,” Blair stated. I think he wants to use the resources elsewhere.
Hanna, “I’ve got a real problem, everyone thinks grants are free money… I’ve got a real problem with it, especially when a safe-at grade crossing can be purchased.”
Linn said she’d support it, in light of the decisions made by council in the past.
“If we accept their funds, and then halfway through, change our mind, what happens.
Lamerson said the City of Prescott needs to do its proper due diligence in this process.
Lamerson, “There may be a ‘no’ vote when it comes to see the project.’
The hope was to do 2 bridges with this money, but it’s not feasible.
Hanna thinks it is a way to spend tax payer’s money frviously.
Whatever we can do to promote and protect this trail, it should be done.
Wants to use local businesses as much as possible. Trying ot take what is ours – we paid it, “Why let other communities benefit from what we paid for?”
Part of the decision will be based on urgency and need. They could change the scope of the application, but there isn’t much time.
Lamerson asks if the grant could be used for either Center Point East or Road 39.
If they select Centerpoint, there would be a deficit of funds. The grant has to be for a completion of a project, not just a portion of it.
John Sellers commends them for where they are heading.
Kuykendall’s concerned that Centerpoint East is where the real danger is, not 39.
Thomas Slayback – right now we will have the money, we can do 39, and then try to fund it 20 years from now, it will be at a cost of over $1 million.
Tammy notes that equestrians have said that road 39 is really important to them.
Blair is emphasizing what they are voting for – the authorization to apply for a grant.
Rob Alen – notes that there was no public discussion for Centerpoint East.
Application for and acceptance of grant.
Blair doesn’t want to automatically accept the grant. Lamerson agrees.
Voting to authorize the application, “Let’s see if the money’s there or not,” Lamerson said.
They are voting on an application ONLY, not an automatic acceptance.
Passes 5-2, Hanna and Suttles cast the dissenting vote.
E. Peavine Trail / Granite Dells Estates:
1. Adoption of Ordinance No. 4754-1105 – An ordinance of the Mayor and Council of the City of Prescott, Yavapai County, Arizona, dedicating a right-of-way across the Peavine Trail for public access purposes and authorizing the Mayor and City staff to take all necessary steps to effectuate such right-of-way acceptance.
Fann notes that this will require him to move about 70,000 yards of dirt, but it will be a win-win for trail users, the city and his property will be enhanced.
He also assures the city that there will be no liability to the city if he does this work and they do not end up accepting the grant or build the bridge.
motion passes unanimously.
2. Approval of a Right-of-Entry and Temporary Construction Easement.
motion passes unanimously.
3. Approval of a License Agreement with Granite Dells Estates Properties, Inc.
motion passes unanimously.
F. Adoption of Resolution No. 4035-1105 – A resolution of the Mayor and Council of the City of Prescott, Yavapai County, Arizona, authorizing the application for and acceptance of a Transportation Enhancement Grant from Arizona Department of Transportation for West Gurley Street Pedestrian Enhancements (Cory Avenue to Plaza Drive), and authorizing the Mayor and staff to take any and all steps necessary to accomplish the above.
Cost in packet were not accurate – increases the grant.
The cost to the city would increase by $8K.
Ian Mattingly felt that the City of Prescott would want to keep up with what Prescott Valley is doing.
Project wouldn’t start construction until 2013.
Blair – connectivity for pedestrians is needed. Seems like it’s open ended what work is being done.
Mattingly said it’s a highly detailed project.
Blair asks if there is any cost sharing by the business owners.
Mattingly said that all right-of-ways are ready for this project.
Hanna wonders why this is being brought forward. “It seemed prudent.” This is a major road, but it would be an enhancement.
Linn asked it’s illegal to ride bikes on sidewalk. “We don’t enforce it,” Norwood said, only if it’s a problem, like downtown.
Linn thinks its a great project, but $423K at this time seems a lot.
Passes 5-2, Linn and Hanna dissent.
G. Changes to commercial solid waste hauling:
1. Adoption of Resolution No. 4036-1106 – A resolution of the Mayor and Council of the City of Prescott, Yavapai County, Arizona, declaring as a Public Record that certain document filed with the City Clerk and entitled “Chapter 2-13, Field Operations Department; Solid Waste Division of the Prescott City Code.”
2. Adoption of Ordinance No. 4755-1106 – An ordinance of the Mayor and Council of the City of Prescott, Yavapai County, Arizona amending the Prescott City Code by deleting Chapter 2-13, Solid Waste Department, and adopting by reference that certain document entitled “Chapter 2-13, Field Operations Department; Solid Waste Division of the Prescott City Code,” made a public record by Resolution No. 4036-1106; setting penalties therefor; and declaring an emergency.
3. Adoption of Resolution No. 4037-1107 – A resolution of the Mayor and Council of the City of Prescott, Yavapai County, Arizona, rescinding Resolution No. 3405 and adopting a new Valuation Table and Methodology for the calculation of such fees for the Solid Waste Division.
Changes being made are to promote competition. Changes in law allow private companies to offer service in Prescott.
Will ensure that the private haulers as well as themselves follow the rules and ordinances.
Charges will apply to public and private services.
The City of Prescott waste projects is an enterprise fund.
The money will go into a fund for roads. Everyone will be charged the same 5%.
Chad notes that they spend a lot more in the right of way than anyone else will do. Wants to make sure that insurance is in place.
All related Motions made and seconded passed unanimously.
H. Review, approval and ratification of the 2003 Plat adoption for the Crossings at Willow Creek – Residential.
There are many communications that have happened in the last several years.
A plat was approved, but not recorded.
A plat was recorded, but not approved.
Some interim steps were taken to deal with the issue about a month ago, but this is needed to resolve issues.
Calls it an “administrative error”.
Linn asks if it even needs to be ratified. Kidd doesn’t seem to think it was terribly necessary, but that it doesn’t hurt much to do it.
Celeste Roberts asked if the Crossings was required to take a vote.
“There’s a little bit of magic going on with our HOA. She feels it was not done properly.
“It seems as if we’re doing these gymnastics with these rules being done illegally.” Roberts would prefer it go before a judge instead. She thinks this gives more land to the city.
Linn asks to see the traffic study.
It’s better to go through with cooperation, Gary Kidd states.
60 ballots – 58 in favor, 2 against.
As far as the vote on the issue you are considering today, 96% of the people who voted approved of what you are doing.
Lamerson asks if this action redirects liability. No.
“What’s the advantage to the city of managing that low water crossing?”
“To manage it consistently, like we do every other roadway.” Kidd stated.
Celeste wants to close the road if they need to. She claims that up to 3 months of theyear, the road was impassable.
Deborah Sellers stated that all 4 measures had to pass for the measure to be acceptable.
She states that there will be a challenge.
John Sellers is stating that a challenge to the ballots will be filed in Superior Court tomorrow.
He claims that the administrator error was actually a purposeful plan by Ty Myers (the developer), and City Staff.
He’s giving an example that doesn’t make much sense with Rosser.
He’s saying something about thinking the city should be sued, and then the city can go after the developer.
Will this plat be approved by judge with a declaratory action?
Mr. Sellers, I am disappointed… in some of the accusations you make, without proper background or knowledge, “brazenly involved in a coverup, asked to grant amnesty…” and more. “I disagree with these things.”
“I take issue that there was nothing that was classic bait and switch.
I also take issue that Mr. Musgrove lied to you. Mr. Musgrove is not my attorney, but if I needed help, I certainly would would not hesitate.”
Since we’ve been told we’re going to court, then maybe we’d better go to court. “Let the show begin.”
“I don’t think I ever said I was filing an action against the city,” Sellers said.
Blair states, “I was here in 2003. I was also on the P&Z commission and followed it all the way through.”
“That creek was closed several times, yes, but without Robin Drive you would have been stuck.”
Kidd notes that the plat is the only recorded plat.
Musgrove gets up to speak. He is so angry that his voice is shaking.
I am not going to address the libellous statements made by Mr. Sellers.
My main purpose for being here is to advise that you are all off track. You are not here to assume the liability on water crossings. You are here today to ratify and confirm the 2003 plat. There was a change in the dedication language between two plants, and confusion in the land development code. If you go back to the minutes, you will find that the changes made reflect the charges made by council and P&Z to the staff and that was the change.
I was hired simply to be sure that title is valid for the 79 lot owners.
As a lawyer I was hired by the title company to be sure that the title for the homeowners is clear. I’ve been representing title companies since 1980. That memorandum was written, as a “what if”.
I ask you to stick to the subject at hand, which is to ratify the plat so we can move on.
Blair asks if they vote in favor of this, will it clear title for the homeowners?
“In my opinion, it will,” Musgrove said. “Then take it to court and ask for a declaratory judgment.”
Sellers gets up to say, “The land code is very clear, it’s unlawful to abandon a city street without council approval.”
They’ve decided to stay on track, and have voted on this measure.
Measure passes unanimously.
I. Discussion/direction of continuing with two Regular Voting meetings a month as previously adopted in Resolution No. 4001-1031.
Councilwoman Linn said that it doesn’t matter to her, and when she talked to various people, they typically preferred weekly meetings.
Suttles states that she thought the Tuesdays not met on, should have been used more wisely.
She also notes that staff thinks it’s very helpful to only have 2 meetings.
“I’m sort of on the bubble,” she said. She thinks they can be used better, also would like the meetings to be finished sooner.
Points out they started at 2, and now it’s 6:32 already.
Marlin states that he brought it forward because he thought there have been a lot of inefficiencies, and they need to set the example.
If we need to talk about things more, that’s fine.
He notes that he hasn’t had one phone call about 2 or 4 times a month. He also notes that the clerk hasn’t had a helper for 2 months, and she’s been able to keep up.
He notes they’ve gotten the deal with SRP, a new tourism director, the golf course has been reorganized.
“Even if we go until 8, that’s only 5 hours!” he said with a smile, suggesting maybe they start earlier.
Mary Ann Suttles asks that the meetings be used a bit more carefully on the “off Tuesdays”.
Kuykendall states, “I’m here no matter what, it doesn’t make any difference to me.”
Hanna notes that 25 or more other cities have 2 or less meetings.
Blair said, “I don’t like it. I schedule my Tuesdays to be productive, and I don’t think they’ve been very productive… it gives an opportunity for the public to view it on tv.”
“I’ll go either way, but I prefer 4.”
Tom Slayback, “I think we need to go back to the weekly meetings…”
Lamerson doesn’t like the two meetings per month, either, doesn’t think it’s been as constructive as he thought it would be.
“Not beneficial to the continuity of the weekly interface,” Lamerson said. “I can go either way.”
“I think every one of us should have input for workshops,” Kuykendall. “By and large, workshops have been no public input, I don’t know how that gives the public more workshops.”
A person in the audience supports the 2 meetings. Suggests continuing the 2 meetings, and fine-tune it.
Suttles asks for another 3 months – it was new – we’re still looking at stuff.
“Let’s see if we can’t be a little more efficient ourselves,” Suttles said.
Kuykendall said, “I think our heavy lifting is behind us.” Suttles disagrees.
“I think this can be refined, and I think this all can work,” Suttles said.
Lopas suggests that there be a Tuesday dedicated to policy making.
Decided to continue until Jan 1 and then re-evaluate it. The second was made by Steve Norwood (it was a joke!) Seconded by Lora Lopas.
J. Consideration of cancellation or postponement of August 24, 2010 Council meeting due to the conflict with the Annual Conference of the League of Arizona Cities and Towns.
Decided to move it to the 31st.
NOTE: My battery is about to die, so if I don’t finish, that’s why.
K.* Acceptance of a Federal Aviation Administration grant in the amount of $186,405.75 (City matching share $4,905.41) and authorizing the application for a grant from the Arizona Department of Transportation – Aeronautics Division in the amount of $4,905.42 for construction of Airport Pavement Preservation and Markings.
Didn’t receive notice until the last minute. Includes a runway safety project.
L.* Adoption of Ordinance No. 4756-1107 – An ordinance of the Mayor and Council of the City of Prescott, Yavapai County, Arizona, quitclaiming a certain municipal right-of-way which consists of a portion of Lorraine Drive located north of Robin Drive and authorizing the Mayor and City staff to take all necessary steps to effectuate such quitclaim deed.
Needed to be taken care of today.
M.* Adoption of Ordinance No. 4757-1108 – An ordinance of the Mayor and Council of the City of Prescott, Yavapai County, Arizona, abandoning existing water line easements and pipeline right-of-way north and west of Robin Drive and Lorraine Drive specifically located on the current Assessors Parcel Numbers 106-07-030, 106-07-006, 106-007-003 and 106-07-002E as shown on Exhibits “A”, “A1” and “A2” and accepting a grant of water line easement with the right of ingress and egress to and from the same across the property as shown on Exhibits “B” and “B1” water line easement and record of survey and authorizing the Mayor and City staff to take all necessary steps to effectuate such abandonment and dedication.
V. ADJOURNMENT
Comments are closed.