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Live update... photo to come later this evening.
Editor's Note: This is a live update of the City Council meeting. Because of the rapid nature of this format, please do not be surprised at typos, misspellings, or other errors. Further in-depth updates will be done at a later date. We will also add photos at a later time to this story.
CALL TO ORDER
INTRODUCTIONS
INVOCATION: Pastor John Garwood, Cornerstone Church
PLEDGE OF ALLEGIANCE: Councilman Lamerson
ROLL CALL:
MAYOR AND CITY COUNCIL:
Mayor Wilson
Councilman Bell Councilman Luzius Councilman Lamerson Councilman Roecker Councilwoman Lopas Councilwoman Suttles- All here.
SUMMARY OF CURRENT OR RECENT EVENTS
I. PUBLIC COMMENT (Please limit your comments to five minutes)
A. Eric Bewley re Prescott Badgers.
Opening the season, with special hats for the entire council!
B. Nancy Healey re situation at Lincoln/Grove corner.
Got a ticket because she stopped and picked up day laborers. A single mom who needed help repairing rain damage to her property.
She thinks the signage is confusing. Would like to make it more understandable and visible. One side says no tresspassing, one side says no parking.
She feels her $80 fine was punitive. Would like to seek better solutions.
Gary Kidd notes that the signs have to conform to standards regulations.
Mayor Wilson said that there is not much that can be done other than the current situation.
Kidd states that you cannot park in the middle of a traffic throughway, and that is a very established law. The City cannot keep day workers from standing on the sidewalk due to recent law.
II. PRESENTATIONS
A. Presentation by APS re donation to the Elks Opera House Foundation.
APS is donating $36,000 to the Elks Opera House. Mike Johnsen, representing APS, and notes that this community is important to APS, too.
John Olsen offers thanks.
Mayor Wilson also offers his thanks, and hopes that a few more donors will step up for more boxes.
B. Update from the Prescott Bicycle Advisory Committee.
Note: Jim and Karen made presentation.
Volunteer project - 3rd edition of pamplet showing bicycling opportunities in the Prescott area. Many volunteers and contributors noted. Printing costs were offset by sponsors. 15,000 total printed.
Encourages people when they see bicyclists to thank them for making the roads less congested. Asks more people to come and attend meetings.
Encouraging bicycling will help improve economic activity in the community.
Announcing a new ride called (can't remember the name) to benefit the Heritage Zoo and the parks. Two teams participating - police from both Prescott and Prescott Valley which team will complete the 50 mile course first?
90 mile route will go all the way to the bottom of Yarnell Hill and back. Eeeekkk!
Lopas notes that she is very impressed with how professional the pamplet looks.
III. REGULAR AGENDA
A. Public Hearing and consideration of liquor license application from Heng Lin, applicant for Teng and Lin, LLC, for a Series 12, Restaurant license
for Chi’s Cuisine located at 114 North Cortez Street.
Applicant did not attend, but motion passed 5-2. Suttles and Luzius voted against the measure.
B. Adoption of Resolution No. 3900-0902 – 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 Yavapai County for Unified Emergency Management, and authorizing the Mayor and staff to take any and all steps necessary to accomplish the
above.
Chief Willis says this is a good agreement and notes that the cost has not gone up. Passed unanimously.
C. Discussion/consideration re Downer Trail Gate south of Sierry Peaks
Drive.
Traffic control measures are typically council decisions in the interest of the community. VRW 1998 study has been called into question. Can say with certainty that if the gate is opened, traffic will increase on Downer Trail and Oregon in volume.
Staff did a study on Gail Gardner - projected 200 - 250 vehicles per day. Downer Trail and Oregon Ave. are both narrow and steep.
Gate installed for emergency ingress/egress.
Gate was installed at a cost of $2100.
Mary Ann Suttles asked why gate was put up at that cost before brought to council. Answer: To discourage people from taking advantage of it.
Can pedestrians use the roads? There are no pedestrian facilities installed at this time, but it could be accomplished.
Lamerson says that staff doesn't seem to think that increased traffic on the road is safe. Asked if there are any future plans? Oregon Ave. has been identified as a future project, but it will require a variety of things to happen, including more money. Lamerson asks if there is a fiscally appropriate way to accomplish this.
Wilson says that to update the model, it would cost $15-17k. Received email threatening class action lawsuit. Consulted with Kidd, who recommended that if the gate is kept closed, it is not necessarily closed permanently, just until streets are brought up to standard. Council has the discretion to use a police power to enforce safety issue.
Luzius - is there any difference between being a dead-end road and a culdesac?
If the street hasn't been traditionally opened in the form it is in, you have greater power to keep it closed.
Roeckere is looking at it as a safety issue. Needs to figure out an engineering fix - 28 feet wide with sidewalks, etc. Or, try to keep it safe administratively, by keeping gate closed. Thinks opening it is unsafe. Safety of citizens trumps the convenience of someone taking that as a shortcut.
Lopas does not look at it as keeping a defacto private enclave.
Bell asked how long the gate has been in place? Installed in 90's. Until such time as Oregon is improved to city standard, he feels the gate shall remain closed.
Would like to limit comments to only new points.
Ciitizen Comments
Registered engineer speaks, questions model and studies. Thinks number of 250 is high by a factor of 5. There's nothing down there any more, but Frys and shopping center are no longer there. No reason to go down into the city. Also that model shows an inflated number of traffic. Estimate is to have 745 cars with the gate closed.
Jerry Smith-Fornara who used to be on P&Z states that this gate was never meant to be blocked off.
Arthur Anderson - if the gate is maintained he is forced to drive down Downer and Oregon. Says that past plans had the road open. Level of use is higher and worse on Gail Gardner than it is on Oregon.
If you decide to keep the gate up, the traffic will continue to congest on Gail Gardner. You've accepted excuses instead of improving Oregon with a few simple items.
Ian Mattingly says that stop signs should not be used for traffic control, only for right aways. Posting at 20 or 15 mph is unacceptable. Can post recommended signs, but legal speed will still be 25 MPH. Is willing to see about clearing vegetation.
Cindy Swope encourages council and mayor that they uphold standards of safety. Is concerned about liability. More concerned about personal injury and liability. Needs to uphold rule of law and safety standards.
Sandra Parker - does not live in this area. Has walked in this area. This is an example of the hometown.
John Finn - Developer of the Ridge and Enchanted Canyon. Wanted to help improve the area, the residents fought the concept.
Wants to know why the City put in a substandard street at taxpayer expense. Makes no sense to him, and he thinks it is a breach of trust if it is not opened.
Thinks that deciding to close the gate is arbritary, compares it to Shemmer.
Lamerson has heard twice that there was an agreement to open the gate. The agreement rescinded all previous developments.
Kidd mentions that there was a 1991 ordinance, but that is different than a development agreement.
Pam Wickstrom: Gate not in when she moved to Downer Trail. Thinks that the gate opened will make traffic lighter.
Wilson notes that no matter what they do they will not make everyone happy.
Carol Russell is in favor of keeping gate closed.
Roecker moves to keep gate closed. Wilson will amend motion to pending upgrade of street. Motion passes unanimously, in other words, the gate will remain closed.
D. Approval of letter from City of Prescott to Arizona’s Congressional Delegation in support of federal funding of scientific studies as proposed
by the Verde River Basin Partnership.
Mary Ann Suttles asks if the town of PV or the tribe has prepared or sent such a letter.
Roecker I don't think we need to send this letter, it's not saying anything we haven't agreed to already. Might create problems and imply they're doing something. Wants next move to come from partnership.
Lopas wants to have this letter sent by PV. Not opposed, but it should come from partners.
Lamerson doesn't want to create friction with partners.
Wilson asks if they'd be in favor if all partners agree and sign on.
Roecker: Status quo is good.
Wilson is in favor of going forward with letter. Wants to approach PV and ask for signature.
Roeckere still opposes.
Wilson makes proposal that they go forward with letter. Bell, Suttles and Roecker cast opposing vote, so it passes 4-3.
E. Hazelwood Property:
Kidd notes that they negotiated a larger piece of land, but notes that it will cost approximately $164k more.
Woodfill, this should have closed in June, money allotted in past budget, but not in this budget. Wilson notes that this is a key piece of property.
Lopas says it is a special piece of property.
Luzius notes that it was a hard fight, and negotiations were tough.
1. Ratification and approval of contract amendment with Hazelwood
Family Trust.
Lopas moved to ratify. Motion passed unanimously.
2. Adoption of Ordinance No. 4662-0905 – An ordinance of the Mayor and Council of the City of Prescott, Yavapai County, Arizona, accepting title to real property known as the Hazelwood Property located in the Granite Dells, and authorizing the Mayor and staff to
execute any and all documents to effectuate said purchase.
Motion passed unanimously.
3. Adoption of Resolution No. 3902-0904 – A resolution of the Mayor and Council of the City of Prescott, Yavapai County, Arizona approving the transfer of unencumbered appropriations from the
Capital Projects Fund to the 1% Streets and Open Space Fund.
Passed unanimously.
F. Adoption of Resolution No. 3901-0903 – 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 Yavapai County and the Yavapai County Sheriff’s Office for the City’s use of the County’s driving track and facility, and authorizing the Mayor and
staff to take any and all steps necessary to accomplish the above.
Been in planning for about 2 years. Received grant from Peace Officers to build it. Negotiated price at $25 per officer. Closer.
Wilson - outstanding achievement.
Bell moved to adopt, passed unanimously.
G. Approval to cancel the August 19, 2008 Study Session and combine with the August 26, 2008 Regular Meeting (due to the League of Arizona Cities
and Towns’ Annual Conference).
Moved by Suttles, passed 6-1, with Roecker voting no, he wants to meet! Just kidding he says.
H. Approval of the Minutes of the Prescott City Council Special Meeting of June 24, 2008, Regular Voting Meeting of July 8, 2008, the Joint Study Session/Special Meeting of July 15, 2008, the Special Workshop of July 22, 2008, the Regular Voting Meeting of July 22, 2008, and the Study
Session of August 5, 2008.
Roecker moved - passes unanimously.
I.* Adoption of Ordinance No. 4663-0906 – An ordinance of the Mayor and Council of the City of Prescott, Yavapai County, Arizona amending Section 1 of Ordinance No. 4660-0903 regarding the
primary property tax levy for FY 2009.
Adopted levies in June, and needs to correct the levies to lower the primary tax rate by about $1300. Will have a minor affect on tax rate.
I.J.* Recess into Executive Session.
IV. EXECUTIVE SESSION
A. Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation, pursuant to ARS 38-431.03(A)(4).
1. Peregrine Subdivision.
V. ADJOURNMENT
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