Today: Feb 16 , 2020

Live Update of the Prescott City Council, February 11, 2020
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11 February 2020  

Today, the Study Session starts at 2:30, and the voting meeting starts at 3.

Council expects a very full house for today's voting meeting on the 2nd Amendment Sanctuary status of the City of Prescott. So, it is important to be aware of a few things before coming to the meeting in person. 

1. Firearms are prohibited in City buildings. There are lockboxes by each door.

2. Public comment will be limited to 30 minutes in total, 2 minutes for each person. If you wish to speak, you must fill out a comment card. 

3. Signs, banners and backpcks inside the City Hall will not be allowed for safety purposes. 

There are other options to coming in person for the meeting. 

You can watch LIVE on Channel 64, or through LIVE STREAMING at http://prescottmediacenter.org/

You can watch LIVE on the Prescott eNews Facebook page. https://www.facebook.com

You can watch LIVE on the City of Prescott Facebook page.

Downloads:

 Agenda  Agenda Packet 

1. CALL TO ORDER

2. ROLL CALL

3. DISCUSSION

A. Update on the 2020 Census from Census Bureau Partnership Specialist Kimberley Robinson

They really, really want to make sure you are counted!!!

Count everyone that lives with you. You have room for 99 people on the Census form! 

Count everyone that is alive as of April 1, 2020.

https://azcensus2020.gov

Every question on the form has a reason. 

There are jobs available in Yavapai County!

census2020jobs.gif

$675B will be distributed by the Federal government. It is worth $2K per person per year. Roads, schools, Title I programs, where to build businesses, WIC, SNAP, Congressional seating, Block Funding. 

https://2020census.gov/en/jobs/pay-and-locations.html?=undefined&state=Arizona&county=Yavapai%20County

According to Billie Orr, Yavapai County could lose about $3000 per person if we don't get them counted.

Council Memo Printout

4. ADJOURNMENT


Downloads:

 Agenda  Agenda Packet 

1. CALL TO ORDER

2. INTRODUCTIONS/ANNOUNCEMENTS

3. INVOCATION

Pastor Andrew Gutierrez with Canyon Bible Church

4. PLEDGE OF ALLEGIANCE

Councilmember Rusing

5. ROLL CALL

A. Roll Call

6. PROCLAMATIONS

A. 100th Anniversary of the League of Women Voters - February 14th

Remember, you can watch LIVE here. 

 

7. CONSENT AGENDA

A. Approval of Minutes for the 9:30 a.m. January 28, 2020 Special Meeting/Executive Session, the 1:00 p.m. January 28, 2020 Special Meeting/Executive Session, the January 28, 2020 Study Session and the January 28, 2020 Voting Meeting.

document

Council Memo Printout

a. January 28, 2020 AM Special Meeting/Executive Session

b. January 28, 2020 PM Special Meeting/Executive Session

c. January 28, 2020 Study Session

d. January 28, 2020 Voting Meeting

B. Approval to Perform Night Work Between 7:00 p.m. and 6:00 a.m. Sunday through Thursday, for the Installation of New Water, Sewer, Storm Drain and Other Associated Improvements on the Summit Avenue, McCormick Street, Beach Avenue and Goodwin Street Improvement Project.

document

Council Memo Printout

a. Proximity Map

C. Approval of City Contract No. 2020-156 for the Purchase of Michelin Tires in the Annual Estimated Amount of $50,000 Utilizing the City of Mesa's Contract No. 2019209. Funding is Available in the Fleet Maintenance Budget.

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Council Memo Printout

a. City of Mesa Contract No. 2019209

D. Award of City Contract No. 2020-151 to James Holt LLC, for Specialized Technical Support on Comprehensive Agreement No. 1 (CA#1) Regarding Big Chino Water Ranch, in an Amount Not to Exceed $100,000.00 Annually. Funding is Available in the Water Fund.

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Council Memo Printout

a. Scope of Work for James Holt LLC Consultation Services

Item A, B, C passes unanimously.

Item D is pulled by Councilwoman Rusing. She is asking about a lack of competitive bidding for this item.

Item D passes unanimously.  

8. CONSENT ORDINANCE

A. Adoption of Ordinance No. 2020-1709 Amending Title IV, Chapter 4-4 Related to Peddler and Solicitors

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Council Memo Printout

a. Ordinance No. 2020-1709 - Amending Title IV Chapter 4-4 (Peddlers and Solicitors)

B. Adoption of Ordinance No. 2020-1707 Authorizing the Sale of Real Property and Granting of a Temporary Construction Easement, to the State of Arizona Department of Transportation, for the Road 1 North and SR 89 Roadway Project.

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Council Memo Printout

a. City Ordinance No. 2020-1707

b. ADOT Offer Letter

c. ADOT Purchase Agreement

d. ADOT Temporary Construction Easement

e. Vicinity Map

C. Adoption of Ordinance No. 2020-1708 Authorizing Abandonment of the Easement as Recorded in Book 503 Pages 274-276 in the Office of the Yavapai County Recorder, Yavapai County, Arizona.

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Council Memo Printout

a. Ordinance No. 2020-1708

b. Vicinity Map

Consent agenda items A-C pass unanimously. 

9. LIQUOR LICENSE AGENDA

A. NEW LICENSES

1. Public Hearing and Consideration for a New Series 14 Club Liquor License Application from Edward Lee Kellerman, Applicant, for Phippen Museum; Location: 4701 Highway 89 North.

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Council Memo Printout

a. LIQUOR LICENSE SERIES NUMBER DEFINITIONS

b. R19-1-702

This is to support various events at the Phippen.

Motion passes unanimously. 

10. REGULAR AGENDA

A. Adoption of Resolution No. 2020-1734 Supporting the Second Amendment of the Constitution of the United States and Declaring the City of Prescott a "Second Amendment Sanctuary City"

document

Council Memo Printout

a. Resolution No. 2020-1734 - Second Amendment

The Mayor notes that there are 37 comment cards turned in. He will try to get all the comments in, but that will be difficult if he keeps to his 1/2 hour time limit that was announced in advance of the meeting. 

You can see the actual resolution here: 

2a_resolution_Prescott-2.jpg

 

Phil Goode goes over oppostion comments:

This resolution is not a matter of law. 

This resolution isn't needed. HB 2321, SB 1526

Since Yavapai County already approved it, it is redundant. This will apply to the Prescott Police officers. 

Mohave, LaPaz, Apache County and Yavapai County, plus Bullhead City have also passed a similar measure.

This may not be legal. Judges can review it. 

Public policy should not be held hostage to unspecified possibilities. And "My consititutional rights are not for sale."

Legal Guidance: Matt Podracky

What is the practical, real world effect on local law enforcement?

Is there a potential possibility of the loss of federal and/or state funding? 

He is concerned about SB1487. 

HB2093 is being considered right now by the Legislature.

It sounds kind of like a statewide Sanctuary measure, but it does not have a judicial review policy. 

Matt Podracky said that the Resolution that Phil Goode has written includes judicial review. 

If the resolution is investigated by the Attorney General, the state-shared revenue is frozen immediately. 

____________________________________

Councilman Goode asks if the resolution could be rescinded if SB1487 passes.

Podracky suggests they might want to wait until SB1487 passes. 

Mayor Mengarelli states that he will cut this off around 4:30. 

Names below might be misspelled - please understand!

Warren Darrow: Asks that the Council refrain from adopting this Resolution. Thinks it is hyper-partisan.

John Starr: Moved to Prescott because it was safe. Thinks this resolution is redundant and may need to be rescinded. Wants the right to life preserved, too.

Tamera Ferns: Retired police officer. Points out that this country exists because of the 2nd Amendment, and shouldn't even need discussion.

Barbara Jacobson: Thinks the City Attorney points are important. Not necessary. Partisan rhetoric. State and federal governments will handle whatever needs to be handled. 

Greg Fien: 64 years old, a combat vet. Proud gunowner. Claims more people die from cellphones than gun violence. Notes that council members can be voted out.

Donna Veneer: Moved to Prescott and Arizona to preserve right to carry firearms. Wants the Council to support the resolution.

Jan Bearing: Political refugee from CA. Moved here because of the Constitiution and the Open Carry laws. She feels safe. Doesn't think this is redundant. Let Phoenix know "We are going to stand strong for the Constititution."

? Steve Strong: Thinks issue is very important. Red flag laws have the right to come take guns unconstitutionally. Not redundant. City needs to make a statement. Points to Virginia as example. "We're counting on you."

Ross: Asks what should/shouldn't be on the agenda. "You're going down a slippery slope." He has a great accent - maybe from Australia? Doesn't think this is council business, just like David Stringer censure wasn't appropriate council business. 

Pastor Patty Willis: Believes that this is not a good idea, not the right time. It would escalate the differences between us. Says it will make us less like everyone's hometown. 

Myrna Lieberman: She wants the City to declare it a Sanctuary City, support the county and take pre-emptive strikes. 2nd Amendment great equalizer. God made woman, God made man, Colt made them equal. 

Tim, representing Congressman Gosar: Gosar is supporting this measure strongly. Points out the presence of legal guns have saved lives. Notes that red flag laws can be vaguely interpreted, and a power grab. Security of rights cannot be overstated. 

Bob Schimzee: His father was Japanese. A Concealed Carry owner. In favor of the measure. 

Phil: Not a resident of the City of Prescott, but does live in Yavapai County. Lists concerns. Redundancy: Concrete foundation - more than one piece of rebar. Strengthening the foundation to do the job. Response to comment - talk way through this. As a retired police officer and military he knows that singing kum-by-yah will not make it go away.

Glenn Martin: Concerned about due process rights. 

Randy Hays: Asks, "Do you see what this is doing?"

We lost our feed due to a technical issue. You can watch here, although it cannot be embedded. https://www.facebook.com/prescottmediacenter/videos/615572929244416/

He points out that there is liability and costliness. 

Russ Pilcher: A gun owner - lists them off. A vet. Not anti-gun but intolerant of people having easy access to weapons. Thinks that if they pass the resolution he will assume they will remove the weapons prohibition in City buildings. Points to the word "militia". 

Maria Lynam: 20 year resident of Prescott, Gold Mother. Opposed to the resolution. Already discussing potential rescinding it. Wants them to join Mayors Against Illegal Guns. "Be proactive, not reactive... It breaks my heart to see us divided like this."

Regina Peccararo: Works with the VFW in Prescott and veterans. Trying to control violence??? Points out the danger police officers are in if the Red Flag laws are enacted. ATF 4473. 

John Stankowickz: Owner of training center. Trained military, law enforcement from all across the US and the world. They left a message, remember world history. It starts with the 2nd Amendment and goes on from here.

Fritz: Wants them to pass it and later pass something with the force of law.

John Sugar? Retired mental health councillor - son committed suicide. Advocates for suicide awareness across AZ. Concedes firearms do not cause suicide but are often used in suicides - about 68%. His son's name is Noel. Says resolution is unnecessary and only a statement. Wants to bring awareness of the relationship between firearms and suicide. 

Ralph Hess: The language merely restates their oath of office. Asks what a Sanctuary City is? 2nd Amendment Sanctuary Christmas City? What will look different? Suggests they challenge the State for passing laws that go against self-governing. 

Larry Jacobs: Served on the Phoenix PD for 40+ years. Notes safety teams in churches, etc. And supports local officers, that cannot be everywhere. Response time could be 3-8 minutes, easily.

Mark Smith: Resident of Yavapai County - near Chino Valley. Thanks them for efforts regarding 2nd Amendment Sanctuary City but has no enforcement of law. Thinks this is not an acceptable resolution - a wolf in sheep's clothing. It is not meaningful. Ends by thanking them for their time and consideration of the measure.

Steve? : Constitution made to guard against people with dangerous intentions. Moving to AZ was because he wanted to live in freedom with his rights. Wants the Council to stand firm and protect constitutional rights. 

Craig Kiggens: Not a resident of Prescott, but "I am an American." Gives history review. "Shall not be infringed." When seconds count, police are minutes away. Without defense in public buildings. Affirming rights and taking a stand. 

Richard?: Escaped from CA - and moved to America. Hopes for a yes vote.

The wife: Feels that the 2nd Amendment is under attack.

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Councilwoman Billie Orr: When she took her oath to protect the Constitution, and amendments. She just feels they can reaffirm their rights without becoming a "sanctuary" city. Asks for a way to reaffirm commitment to Constitution without declaring Sanctuary. Thinks this is a fight that needs to go to the Legislature. Points out there are no red flag laws in AZ at this time. Concerned about shared revenues. Wouldn't want to rescind after voting for this. 

Councilwoman Cathey Rusing: Reads 27th Amendment, and the 2nd Amendment again. Opposes red flag laws. Feels the City has had very little notice, doesn't want to vote on it the same day. Wants to put it on the ballot for the citizens of Prescott in August to see what they want to do.

Councilwoman Alexa: Makes a statement that we, as a city, will pick and choose which laws they will enforce. This resolution doesn't change anything and merely is a political statement. Does not feel it is necessary and in the best interest of the City. 

Councilman Phil Goode: Notes that the Council has an option to cure a problem if something should occur. Doesn't think that a ballot initiative is a good idea. He moves that they approve the resolution as it is written. 

Councilman Steve Sischka: Supports the 2nd Amendment completely. Concerned about the word, "sanctuary". Thinks it muddies the waters. The word, "sanctuary" takes away from the good intent they are trying to do today. 

Councilwoman Orr: Suggests they table it and find other ways to support the 2nd Amendment without the word "sanctuary". 

Motion to table passes 6-1. Goode in opposition. 

 

B. Legislative Update.

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Council Memo Printout

1500 bills introduced in the state legislature. Will get more info later. 

No red flag laws have made it to any agenda. 

Billie Orr wants to know what the Council can do to oppose red flag laws. She wants to oppose red flag laws as a Council in the legislature, and utilize the lobbyist. 

SB 1164 - still not on the agenda. 

C. Approval of Water Service Agreement Application No. WSA20-001 by Alexander Lazar Representing Ocean Blue Willow Creek LLC, for Commercial Water Supplies on APNs 106-20-497 and 106-20-498.

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Committee Memo Printout

a. Ocean Blue Water Report and Demand Analysis - January 7, 2020

b. Location Map

Another car wash at Willow Creek and Willow Lake Road. 17 A/F. Asked if they recycle water. They try to recycle 90% of all the water they use. 

This is to approve the application, not a contract. 

Rusing asks about the recycling aspect and filtering. Did anyone look at the original car wash on Iron Springs to see what usage is. Asks that the City inspects the car wash to ensure the recycling is taking place.

Blair points out that 90% of everything they use goes back into the treatment plan and thinks it is very positive. 

Orr is pleased at the efficiency and is state of the art. 

Councilman Goode thinks it is valuable, hopes that people from out of town will also use it for the sales tax. 

Motion passes 7-0

 

D. Approval of PLN19-020 a Proposed Rezoning of 600 and 621 E. Rosser Street (APN 105-03-007B) from its current Single Family 35 (SF-35) Designation to Multi-Family Medium Density (MF-M). Property Owner: Pine Creek Leasing LLC. Applicant/Agent: Keith Hughes

1.91 acres. Wants to put 3 homes on the property. The property across the street is in a flood plain and is undevelopable. The homes would be 3 bedroom, 2 bathroom, 1200 SF.

One adjacent property owner is in opposition.

Blair: Multi-family is not a bad idea. One common driveway. Likes seeing something different that doesn't fit the typical mold. 

Rusing asks about water meters? Each home must have its own, but an application could be made to have only one meter. 

Goode: Asks why P&Z split on vote. Approved 4-1. Rupe doesn't think the proposed homes don't match the other homes. He also asks if changing the zoning will make it more valuable and thinks it creates a precedent. 

Attorney Podracky thinks that there needs to be a contingency for substantial compliance to site plan presented. 

Blair thinks the homes should be individually metered and wants to include that in the approval. 

Applicant: Keith Hughes: Wants to build 3 individual homes, and metered individually is fine. Notes that this is a very difficult build. "These are three bedroom, two bath, nice homes."

Sischka: Approves of the concept. 

Deborah Alshouse: Is opposed to this, lives in Cloudstone, first person to live in development. Wants to see homeownership, not rentals. Thinks it will devalue the properties nearby. 

Brian Alshouse?: Concerned about it being rental property. Traffic flow, safety issues, noise, decrease in property value. Wants to see community stay the way it is, wants to see neighborhood maintain consistency. 

Elaine Temple: Bought her home because it is in a single family home. I didn't want to rent, I wanted to buy a home and I want homeowners around me. 

Ken Mbarak: Right in-right out. "I perceive this as really a single family project... I don't look at this as multi-family." This wasn't done willy-nilly, a lot of consideration went into this. It's not as big an impact as the wording would indicate. 

Rusing: I do not support this project, it sounds like we are trying to put a round peg in a square hole. 

Orr thinks that having affordable housing is important. She moves to approve. 

Councilwoman Scholl thinks that having housing for teachers, firefighters etc. Is important.

Motion passes 5-2, Goode and Rusing in opposition.

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Council Memo Printout

a. letter of intent

b. site plan

c. renderings

d. pictures and maps

E. Approval of SIG19-006. a Comprehensive Sign Plan for The Burmister 120 W. Gurley Street (APN 115-15-115). Property Owner: Zee Zee LLC.; Applicant: Morgan Sign Co. (Stephan Markov).

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Council Memo Printout

a. Proposed Sign Plan

b. Building Photographs

Councilwoman Scholl wants to know how to pronounce the name Burmister or BurmIster? They are saying BurmIster (long I sound.)

 

 

11. ADJOURNMENT

 

 

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/