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Live Update of the Prescott City Council: October 23, 2018
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23 October 2018  

Time for another discussion about signs.

Update 10/24/18

Watch the entire Study Session discussion on YouTube here:


Downloads:

 Agenda  Agenda Packet 

1. CALL TO ORDER

2. ROLL CALL

3. DISCUSSION

A. Discussion of possible amendment to Sign Regulations addressing Temporary Signs on private property.

documentCouncil Memo Printout

a. Current LDC Temporary Sign Regulations

Balance between aesthetics, clutter and freedom of expression. "Temporary signs on private property," Paladini emphasizes.

Currently, there's a moratorium in place. "Leaving a moratorium in place indefinitely isn't the answer," Paladini said. 

My feeling is that people ought to be able to do what they want to do on their private property, said Phil Goode. He and Orr expresses a concern that they can't enforce it. 

"It is your front yard," Lamerson said. "I have huge concerns with the government censoring..."

"Do we create ordinances so that when we decide to enforce them, we have something to enforce?" Councilman Sischka asks. 

"We don't look for our police department to do and go create an ordinance for them to enforce," Paladini said. 

Sischka asks why it comes up today.

Partly in anticipation of the elections coming up next year.

The city can't remove the signs for them, but if there is a code violation, they can be fined. 

The right-of-way ban is enforceable, but they need people to be able to enforce it. 

Lamerson wants the focus to be on safety for regulation. 

The staff wants to find what the Council wants to have that is enforceable. 

What about lighting, noise, movement, signs, flashing lights?

"If we're not going to regulate these things, why do we write the code?" Blair asks. 

"If we want to write all these codes, we need to give Mr. Lamar the money and budget to enforce them," Blair said. 

"We need to walk before we run," Sischka said.

Regulation of signage on private property has not been affected by the Supreme Court.

Orr thinks that market can come into play for commercial property. 

Sischka asks how they can know where the public rights of way are?

At this time, they are not discussing fees and permits. 

Lamerson wants the City to enforce the ordinances equally. 

Sandra Smith: Concerned about the 5 foot height regulation for visibility. And noted concern about sandwich signs.

Sandwich board signs are allowed but regulated. Only 1 sign per business.

  

B. Discussion of Mobile Food Truck and Mobile Merchant Regulations.

document Council Memo Printout

 a. Prescott Mobile Food Vending Ordinance DRAFT

b. LDC 2.5.13 Mobile Vending

New state laws limit ability to regulate food trucks. 

Presenting a layered approach: 1 (least) 4 (most)

  1. 1. Mobile food unit on commercial private property.
  2. 2. Mobile food unit on residential private property. 
  3. 3. Mobile food unit on city rights of way. 
  4. 4. Mobile food unit on City-owned property not right of way - parks, parking lots, etc. 

Cannot prohibit on city streets. 

Must obtain health services license. 

Suggesting a permit with basic information requirement. The reason is to require insurance, in order to protect the city assets. 

Recommending a nominal fee. 

Licensing also must be complied with. 

Designed to be 'over-the-counter'. 

Do you want any limitations on bg checks for the mobile food unit? 

"Do we do that with any other businesses?" Orr asks. 

Fire inspection must be done, but not necessarily by Prescott FD, must be a city or town fire department, and excludes fire districts.

The biggest complaint is trash. 

Noise is another complaint - amplified music. 

Some level of security - safe and clean manner, lighting for night, accessibility. 

_____________________

Private property: 

Sell from personal or residential property with written proof of insurance. 

Limit of 96 consecutive hours. 

Some exceptions might apply. 

Permits and agreements might be required. 

4. ADJOURNMENT


Update: Watch the video of the voting meeting here: 

Downloads:

 Agenda  Agenda Packet 

1. CALL TO ORDER

2. INTRODUCTIONS/ANNOUNCEMENTS

3. INVOCATION

Pastor Ron Merrell with Heights Church

4. PLEDGE OF ALLEGIANCE

A. Presentation of Colors by Embry Riddle Aeronautical University (ERAU) Air Force ROTC

B. Pledge of Allegiance by Councilman Blair

C. Comments by Colonel Berry, Air Force ROTC Commander - ERAU

5. ROLL CALL

6. PROCLAMATIONS

Charitable Giving Awareness Month - November 2018

7. PRESENTATIONS

A. Recognizing Julius Ortenzo for his Heroic Efforts on August 30, 2018

He pulled people from the vehicle and saved their lives. 

B. Prescott Police Department's Presentation on Pink Patch Project for Breast Cancer Awareness Month

The Prescott Police Pink Patch program is described and explained. The community has stepped up to support the Police Department in these efforts. 

Prescott Police Launch Pink Patch Project

C. ADEQ Recognition of the Public Works Solid Waste Division and Brief Update, Presented by Morgan O'Connor.

They have won an award for having no violations in the last 3 years. 

ADEQ website community

8. CONSENT AGENDA 

A. Approval of draft minutes for the October 09, 2018 Special Meeting-Executive Session and the October 9, 2018 Voting Meeting.

document

Council Memo Printout

a. October 9, 2018 Special Meeting-Executive Session Minutes

b. October 9, 2018 Voting Meeting Minutes

B. Adoption of Notice of Intent to change water, wastewater, and solid waste rates and setting the public hearing on the rates.

document

Council Memo Printout

C. Award of City Contract No. 2019-112 to Superior Supply, Inc., for the purchase of asphaltic concrete rubber crack sealant in an amount not to exceed $200,000.00. Funding is available in the Streets Fund.

document

Council Memo Printout

a. Arizona State Contract ADOT19-209983

b. Cooperative Purchasing Agreement Contract 2019-112

Motion passes unanimously. 

9. REGULAR AGENDA

A. Adoption of Ordinance 2018-1633 amending Prescott City Code Title IX, Chapter 9-1 (Prescott Traffic Code) by adding a new Section 9-1-20 (use of electronic devices).

document

Council Memo Printout

a. Hands Free Device Ordinance No. 2018-1633

16 states and DC that ban talking on a hand-held cell phone. 

Similar to Yavapai County's ordinance, needs to be hands-free. Can use an aftermarket mount on a suction cup. 

1st offense, $100 fine, subsequent offense up to $2500, at the discretion of the civil traffic/hearing officer or the judge. 

"If you want this as a policy, we should have an ordinance," Paladini said, noting that it could be problematic to enforce county ordinances on city streets. 

It will take place 30 days from today. 

Blair recommends making signage consistent with the County, supports the grace period through the end of the year, and reviews the law in one year. 

Chief Black said that she met with other law enforcement, and everyone wants a copy of this ordinance. "The greatest gain is to get the voluntary compliance of drivers," Black said. 

Goode - he objects to the $2500 in additional fines for subsequent citations with the hearing officer. 

Sischka agrees with Councilman Goode. 

Sischka asks about tourists that may be visiting. 

Paladini suggests that signage will help. He also suggests that hotels and lodging facilities post it, too. Perhaps rental car companies, businesses, etc. 

Paladini also points out that officers have discretion. 

Orr recognizes Karen Fann, Yavapai County and CYMPO, entities which have all been working on distracted driving issues. 

The $2500 max is to keep it consistent with City code and simple. 

There will be a grace period until the end of the year. 

Motion passes unanimously. 

B. Adoption of Resolution No. 2018-1657, dissolving the internal loan from the General Fund and committing to funding capital and operating deficits of the golf course.

document Council Memo Printout

a. Resolution No. 2018-1657

The City is dissolving the internal loan from the Golf Course. 

It will remain an enterprise fund

Funding will be from other City Funds. 

Blair points out that the Billy Casper management has helped with the success of the golf course. 

"We need to relate this as a tool to the City of Prescott's economic development," said Steve Sischka. 

Marty ?: She thanks the City for their support of the golf course. 

Passes unanimously. 

C. Approval of City Contract No. 2018-120 with Carahsoft for Accela Civic Platform Maintenance and Software Licenses, in an amount not to exceed $123,030.50 Using GSA Contract GS-35F-0119Y pricing. Funding is Available in the General and Public Works Funds for this item.

document Council Memo Printout

a. Carahsoft - Accela Inc. quote, Sept. 25, 2018

Passes unanimously. 

D. Award of City Contract No. 2019-114 to CBJ Asphalt & Concrete Contractors, LLC for FY19 Pavement Preservation - Crack Sealing, in the amount of $270,000.00.

document Council Memo Printout

a. Vicinity Map - Crack Seal East

b. Vicinity Map - Crack Seal West

c. Yavapai County Contract 1822855 w CBJ Construction- Crack Sealing

d. CBJ Contracting Quote

Crack sealing for pavement preservation. 

They've changed their product so it's not shiny and blinding at night. 

Motion passes unanimously.

E. Final Plat (FNP18-005) for Phase 4B for Walden Ranch Planned Area Development (PAD) a 215 lot single-family subdivision [APN 106-01-005G and 106-01-007B; Property Owner: James 110 Investments, LLC]

document Council Memo Printout

a. Aerial Location Map Walden Ranch 4B

b. Zoning Map Walden Ranch 4B

c. Preliminary Plat

d. Final Plat

F. Adopt Resolution No. 2018-1659, establishing the Youth Advisory Board as a Standing Committee of the City of Prescott.

document Council Memo Printout

a. Youth Advisory Board Resolution No. 2018-1659

10. ADJOURNMENT

 

 

 

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Lynne LaMaster

Lynne LaMaster is the Founder and Editor of the eNewsAZ Network of websites. She asks a lot of questions! In her spare time, she loves photography, cooking and hanging out with her family.