Today: Feb 19 , 2019

Live Update of the Prescott City Council: February 12, 2019
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12 February 2019  

It's a strange Council schedule today, folks. Study meeting @ 1; Executive Session @ 1:45; Voting Session at 3.

Downloads:
 Agenda 

 Agenda Packet 

1. CALL TO ORDER

2. ROLL CALL

3. DISCUSSION

A. Discussion on a Potential City Charter Provision Regarding Lease-Purchase Real Estate Agreements.

"Any time you need to change the public charter, you need to include the public," Councilman Lamerson explained. 

They will consider language brought by the legal department with a goal to put it on the ballot in August. 

Council Memo Printout

B. Neighborhood Services Update. 

  • 302 complaints received
  • 432 cases opened
  • Campaign signs removed from right-of-way
  • 75% of cases resolved within 30 days. 

They also try to be patient if progress is being made, even if it's slow. 

Neighborhood cleanup #1: 5 tons of trush collected. 

Cleanup #2 - over 8.5 tons of trash collected.

Next cleanups coming up:

April 20th Granite Creek Corridor

May 4th City Neighborhood Cleanup Gurley - Park - Copper Basin - Bradshaw Street.

Phil Goode thanks Tyler Goodman for his efforts in this area. "With diligent enforcement of our codes, everyone benefits from it," he said. 

"One of the things I like about your approach is that it's less enforcement and more about collaboration... I appreciate that you work with people," Mayor Mengarelli said. "You're creating momentum and a culture of helping people out."

Lamerson points out that it's not just a cleanup issue, it's a public health and safety issue. 

Council Memo Printout

4. ADJOURNMENT



Downloads:
 Agenda 

 Agenda Packet 

1. CALL TO ORDER

2. ROLL CALL

3. CALL TO ENTER EXECUTIVE SESSION

4. EXECUTIVE SESSION

A. LEGAL MATTERS

The City Council will meet with the City Attorney for legal advice, discussion and consultation regarding its position in pending or contemplated litigation, claims or other legal disputes, including settlement discussions conducted in order to avoid or resolve such litigation, claims or other legal disputes. A.R.S. §38-431.03(A)(3)and(4):

1. Arizona Eco/Granite Dells Annexation Projects

5. ADJOURNMENT


Downloads:
 Agenda 

 Agenda Packet 

To start with, a very brief presentation was made to the City Council with over 4K signatures to Save the Dells. It will be properly agendized later, Mayor Pro Tem Billie Orr explained.

You can watch the live stream of this presentation here: 

If you cannot hear the audio well (different computers have speakers with different loudness levels), head over to the Prescott Media Center FB page. 

1. CALL TO ORDER

2. INTRODUCTIONS/ANNOUNCEMENTS

3. INVOCATION 

Rev. Dave Groff, Prescott Life Church

4. PLEDGE OF ALLEGIANCE 

Mayor Mengarelli

5. ROLL CALL

6. PROCLAMATIONS

Salute to Veteran Patients Week (Feb. 10-16, 2019)

Read by Councilman Phil Goode.

7. CONSENT AGENDA

A. Approval of draft minutes for the January 11, 2019 Study Session, the January 22, 2019 Special Meeting/Executive Session, the January 22, 2019 Study Session and the January 22, 2019 Voting Meeting.

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Council Memo Printout

a. January 11, 2019 Study Session/Strategic Planning Meeting

b. January 22, 2019 Special Meeting/Executive Session

c. January 22, 2019 Study Session Meeting

d. January 22, 2019 Voting Meeting

e. Attachment - January 22, 2019 Voting Meeting/WSH Hospitality Hotel Econ Impact Report

B. Acceptance of awarded grant funds from Arizona Department of Homeland Security in the amount of $65,000.00 and the U.S. Department of Justice, Justice Assistance Grant in the amount $11,957.00 for use by the Police Department to purchase crowd safety and officer safety equipment.

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Council Memo Printout

C. Approval of City Contract No. 2018-128A1 with Kary Environmental Services LLC, to increase the original contract amount by $31,604 for a total not to exceed amount of $111,604 for the spring 2019 Household Hazardous Waste Event. Funding is available in the FY19 Solid Waste Fund.

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Council Memo Printout

D. Approval of Amendment No. 1 to Agreement for Potable Water (City Contract No. 2018-024A1 ) with Michael and Meghan Ottmann, two single family residential units on APN 103-01-037J at 5430 Side Road.

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Council Memo Printout

a. Amendment No. 1 to City Contract No. 2018-024

E. Abandonment of unneeded trail easement in Mystic Heights subdivision.

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Council Memo Printout

a. Mystic Heights Trail Abandonment

F. Adoption of Resolution No. 2019-1677, rescinding Resolution No. 4378-1587 in its entirety and re-establishing a seven (7) member Airport Advisory Committee as a standing committee of the City of Prescott.

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Council Memo Printout

a. Resolution No. 2019-1677

G. Approval to purchase one (1) 2019 F150 4X4 truck including after market up-fitting, from Peoria Ford using State of Arizona Contract No. ADSPO14-063237 pricing in the total amount of $30,827.99 (City Contract No. 2019-175). Funding is available in the Engineering Services Department.

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Council Memo Printout

a. Peoria Ford Quote Replacing 912 dated Jan. 14, 2019 (City Contract No. 2019-175)

H. Approval of purchase of one (1) ea. 2019 Dodge Durango Pursuit unmarked traffic vehicle from Tempe Dodge using State of Arizona Law Enforcement Contract ADSPO13-000018149 pricing in the amount of $31,862.37 (City Contract No. 2019-176), and after market up-fitting from Arizona Emergency Products using Yavapai County Contract No. 2018-346 in the amount of $19,685.16 (City Contract No. 2019-177) for a total amount of $51,547.53. Funding is available using the Governor's Office of Highway Safety Grant.

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Council Memo Printout

a. Tempe Dodge Durago Pursuit Quote Dated Jan. 10, 2019

b. AEP Dodge Durango Quote Dated Jan. 23, 2019

I. A revision of plat (RVP18-028) of Granite Heights Subdivision creating one new lot by splitting Lot 17; Property owner is James and Rhonda Hayter; APN 111-12-036; Property address is 1205 Sarah Kay Circle.

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Council Memo Printout

a. Granite Heights Subdivision Original Plat

b. Revision of Plat

c. Site Plan Showing Existing House

J. Council action for proposed Final Plat of 3rd Gen site, subdividing one existing parcel into thirteen parcels. Zoning district: Industrial General (IG). Owner: 3rd Gen Enterprises, LLC; APN 103-02-028C. Location: Street address to be assigned.

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Committee Memo Printout

a. Parcel

b. Preliminary Plat

c. Final Plat

Consent Agenda passes unanimously. 

8. CONSENT ORDINANCE

A. Adoption of Ordinance No. 2019-1650 authorizing acceptance of a public utility easement from Prescott Center for Alternative Education.

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Council Memo Printout

a. Ordinance No. 2019-1650

b. Public Utility Easement Agreement

c. Vicinity Map

9. LIQUOR LICENSE AGENDA

A. NEW LICENSES

1. Public Hearing and consideration for a New Series 7 Beer & Wine Bar liquor license application from Sheri Marie Shaw, applicant, for Back Alley Wine Bar; Location: 156 S. Montezuma Street Suite E.

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Council Memo Printout

a. LIQUOR LICENSE SERIES NUMBER DEFINITIONS

b. R19-1-702

Passes unanimously. 

10. REGULAR AGENDA

 

A. Authorizing civil litigation against those responsible for the wrongful manufacture and distribution of prescription opiates and damages caused thereby.

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Council Memo Printout

a. 2019-01-29 Engagement Agreement - City of Prescott AZ

Retainer agreement with 3 attorney firms. 

Why is this called an epidemic?

How has this crisis affected Prescott?

What are the roots of the crisis?

What can be done to help Prescott?

It is a crisis because people are dying. In the past decade, about 5932 Arizonans died from opioid induced causes.

Arizona opioid death rates start to rise in the late teens and peak at age 45-54.

74% increase in deaths since 2012 (heroin related deaths have tripled.)

There is a economic and social toll taken from these people addicted to opioids and heroin. 

Yavapai is the 2nd hardest hit county in the state. 

431 Million opioid pills were prescribed in 2016, enouch for every Arizonan to have a 2.5 week supply. 

How has it affected Prescott?

City of Addict Entrepreneurs - Sober Living homes

It is disproportionate - places burden on the Prescott government. 

La Paz has zero sober living facilities in their community. 

Insys Therapeutics is based in Chandler. "They've been accused of bribing prescribers," according to the attorney making the presentation. 

Former Insys CEO pleads guilty to opioid kickback scheme.

Crisis has beginning in 1978.

Marketing said that Oxycontin was the solution to pain. 

What Precipitated the Crisis?

Who is Responsible for the Crisis?

Opioid Manufacturers - Purdue, plus about a dozen more.  

Purdue Pharma knew its opioids were highly addictive.

Opioid Distributors - McKesson, Janssen, Cardinal Health, more.

There are 18 defendants that can be sued.

Local Opioid Prescribers - physicians, pharmacies, "It's every community's decision as to whether or not to name the local prescribers."

Prescott's Options for Recovery?

Lessons from the tobacco litigation - Anti-tobacco awarded over $600M.

It is expected that there will be a global settlement.

Go to the Multidistrict Litigation MDL in Ohio

State Court - avoid the MDL.

Financial considerations of representations - no financial risk to the City of Prescott.

20%.

They have a lot of confidence in the outcome, other clients. All costs covered

City pay $0 upfront, $0 if they lose.

Costs come out of any recovery.

Councilman Goode: I have a good understanding of the impact of the homes that cost our city.

"It's reasonable for the city to be able to expect some of the costs..." Goode said.

The attorneys want to name a local entity for the lawsuit, but Insys can be sued. "Insys is going to be sued."

Lamerson: "This community has been damaged in a lot of ways." He points out the price of real estate. 

He asks if the attorneys are looking at collusionary tactics. He calls it an "unholy alliance."

"It wasn't just that we attracted them, we were targeted..." Lamerson said. 

Lamerson points out that the disabilities act added to the complexity of the issue. 

Sandy Smith: Asks how this will hit the people who need the opioids. 

Motion passes 7-0

We headed out to do some interviews on this subject in the lobby. 

B. Public Hearing for biennial review of Land Use Assumptions, Infrastructure Improvement Plan, and Development Fees as required by ARS 9-463.05(G)(2).

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Council Memo Printout

a. Impact Fee Review Engagement Letter

b. Independent Accountant's Report on Agreed Upon Procedures

C. Continued Public Hearing on proposed increases to water and wastewater rates.

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Council Memo Printout

D. Adoption of Resolution No. 2019-1673 Declaring as a public record the document filed with the City Clerk entitled “REPLACEMENT TABLES FOR WATER AND WASTEWATER RATES” and adoption of Ordinance No. 2019-1651 Amending Title II, Chapter 2-1, Sections and Subsections: 2-1-18(A), 2-1-18(B)(2), 2-1-18(B)(3), 2-1-18(C), 2-1-18(D), 2-1-18(E) AND 2-1-18(G); SECTION 2-1-21(B); SECTION 2-1-22(H); and SECTION 2-1-57.

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Council Memo Printout

a. Resolution No. 2019-1673

b. Resolution 2019-1673 Exhibit A Rate Tables

c. Ordinance No. 2019-1651

E. Adoption of Ordinance No. 2019-1649 accepting a trail easement from the Ecosa Institute.

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Council Memo Printout

a. Purchase Agreement for Public Trails Easement

b. Public Trail Easment

c. Ordinance No. 2019-1649

Motion passes unanimously. 

F. Approval of Authorization of Services No. 5 (A5) for Design Services for PRC Taxiway C Relocation and Hot Spot Mitigation Project under City Contract No. 2019-069 in an amount not to exceed $840,167.00. Projected cost for design levels would be FAA (95%) - $798,159.00, State (2.5%) - $21,004.00 and City (2.5%) - $21,004.00.

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Council Memo Printout

a. Dibble Engineering Proposal, City Contract No. 2019-069A5

This is the taxiway Charlie relocation project. There are some hotspot mitigation issues here to be redesigned. 

They have several wrong surface landings, and this project will help to prevent that problem. 

To be completed in March in 2019. It will overlap the terminal project. 

About $25M will be invested in the Airport over the next 2 years. 

Goode publicly thanks Chancellor Ayers for granting a 2 year leave of absence to Dr. Sobata so she can stay in her position for 2 years moving forward. 

The federal government will pay 95% of this project, the City pays 2.5% and the state 2.5%.

Sischka asks how this will affect current airplane traffic - they will try to adjust. 

They expect more than 20K enplanements this year. 

Motion passes unanimously. 

G. Adoption of Ordinance No. 2019-1655 amending Prescott City Code Title IV, Chapter 4-6 (Business Licenses) and Chapter 4-9 (Vacation Rentals).

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Council Memo Printout

a. Ordinance No. 2019-1655 Strike-Through Version

b. Ordinance No. 2019-1655

A clean up item based on a ruling from the AG's office. It will remove short term rental business license requirements. They will still have vacation registry. 

Some license fees will need to be refunded $35. 

Vacation rentals will still pay sales tax and bed tax.

The definition of a short term rental is under 30 days. 

Motion passes unanimously. 

H. Report on FY2019 City Budget for Activity through December 31, 2018.

Council Memo Printout

This is a mid-year budget report.

"We track it every month, if there were a problem, we would have been here a lot sooner," Mark Woodfill.

If the legislature decides to pass a bill removing food from taxes, it would cost the city about $5.8M.

Just a report - no action.

I. Legislative Update

Yesterday was the House deadline to introduce bills. The 22nd is the last day to hear bills in the chamber.

Short term rental legislation is on the calendar. 

So far it has a lot of support. 

The wireless legislation would not allow any distracted driving.

Council Memo Printout

A quote from Ronald Reagan.

11. 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.

Website: https://www.facebook.com/eNewsAZ/