1
00:05:04,400 --> 00:05:15,980
I'm calling this city council meeting to order. Today is October 24th, 2023. It's 3 p.m. This is a city of Prescott of City Council

2
00:05:15,980 --> 00:05:21,480
voting meeting. Mayor Perotam, do we have any announcements or introductions today?

3
00:05:21,800 --> 00:05:26,000
Today we are privileged to have both mayor, so I would like to introduce former council member

4
00:05:26,000 --> 00:05:28,620
for Marion Suttles, stand up and be recognized, Marion.

5
00:05:29,340 --> 00:05:33,980
Marion also serves on CDBG and the Preservation Commission.

6
00:05:34,080 --> 00:05:35,900
Thank you, Marion, for your service to the City of Prescott.

7
00:05:36,520 --> 00:05:40,940
And, Lois, for Ruth, for Ruth, I've tried to practice that, Lois, I swear.

8
00:05:41,380 --> 00:05:44,400
Please stand up and be recognized so we can embarrass you one more time.

9
00:05:45,060 --> 00:05:47,840
Lois will be joining us on council in two more meetings.

10
00:05:48,320 --> 00:05:48,900
I think two more meetings.

11
00:05:49,320 --> 00:05:50,580
I also have announcements, Mayor.

12
00:05:51,280 --> 00:05:52,120
Two after this, okay.

13
00:05:52,120 --> 00:05:53,560
I have announcements.

14
00:05:54,160 --> 00:05:57,000
Please join me tomorrow for the official ribbon cutting

15
00:05:57,000 --> 00:06:00,780
of the Granite Creek mural project Wednesday, October 25th at 4 p.m.

16
00:06:00,840 --> 00:06:03,800
The mural is located on the trail north of Gurlis Street.

17
00:06:04,300 --> 00:06:07,740
Please note that there are two entrances to the creek to access the mural.

18
00:06:07,860 --> 00:06:10,980
The first one is beside the dinner bell cafe stairs required.

19
00:06:11,400 --> 00:06:14,340
The other one does not require stairs and is near the crosswalk

20
00:06:14,340 --> 00:06:16,540
where Sam Hill, Ali and Willis Streets meet.

21
00:06:17,100 --> 00:06:22,340
the address is our staircase access addresses three to one west

22
00:06:22,340 --> 00:06:27,160
early street and no stair at easy access is one four three north

23
00:06:27,160 --> 00:06:30,540
McCormick street we hope to see you all there for those of you who have

24
00:06:30,540 --> 00:06:33,280
been joined the greenway trial you've probably seen the progress they've made on

25
00:06:33,280 --> 00:06:38,640
that mirror it's it's quite something to behold. In addition we recently sent

26
00:06:38,640 --> 00:06:43,860
out some three thousand citizens special surveys on behalf of the city. We have

27
00:06:43,860 --> 00:06:49,020
That over 250 completed so far, but we need your help to complete the survey if you have

28
00:06:49,020 --> 00:06:49,940
already received one.

29
00:06:50,080 --> 00:06:53,600
So please, the rest of you out there who are holding on to surveys and not getting them to

30
00:06:53,600 --> 00:06:53,840
us.

31
00:06:54,020 --> 00:06:54,980
We need your feedback.

32
00:06:55,800 --> 00:06:59,200
We hope to learn about citizen goals and comments in order to plan for the upcoming

33
00:06:59,200 --> 00:06:59,760
budget year.

34
00:07:00,040 --> 00:07:04,880
If you didn't get a mail survey, an online version will be available for all citizens on November

35
00:07:04,880 --> 00:07:06,640
7 through the city website.

36
00:07:07,060 --> 00:07:07,780
And that's all there.

37
00:07:09,220 --> 00:07:11,120
Thank you, Mayor Protem.

38
00:07:11,820 --> 00:07:17,760
We'll now have an invocation from Revise Susan Shannerman from the Temple of Riths,

39
00:07:17,780 --> 00:07:22,600
Shalom followed by a Pledge of Allegiance conducted by Councilman Shishka.

40
00:07:24,260 --> 00:07:24,740
Thank you.

41
00:07:25,120 --> 00:07:25,680
Good afternoon.

42
00:07:27,660 --> 00:07:29,480
God, our strength and protection.

43
00:07:30,210 --> 00:07:38,430
We ask your blessings on the people who have been called to lead the community in which we live and work and play.

44
00:07:39,430 --> 00:07:53,310
Help them as leaders to not ask first, how do we fix this, but what do we need to learn, how might we need to change, and to whom do we need to listen?

45
00:07:54,230 --> 00:08:14,750
Remind them because we all forget from time to time, especially in the noisiness of what passes for political debate today that they are not only leaders, but also servants, and that it is their responsibility and ours to serve the common good of all.

46
00:08:14,750 --> 00:08:31,930
And help them to acknowledge that the Jewish community in Prescott is suffering because of the rise in anti-Semitism around the world and in the United States in Arizona and even in Prescott.

47
00:08:31,930 --> 00:08:38,410
And know that we also suffer greatly because of the war that currently ravages Israel.

48
00:08:39,630 --> 00:08:44,810
We pray for the state of Israel in this devastating time of shock and grief.

49
00:08:45,350 --> 00:08:52,630
We pray for the souls of the innocent victims, God send comfort to the grieving, send healing

50
00:08:52,630 --> 00:08:58,190
to the injured, and strengthen wisdom to their doctors and nurses.

51
00:08:58,190 --> 00:09:06,010
God spread your shelter of peace over their land and this land, wash away all hatred and

52
00:09:06,010 --> 00:09:12,730
bloodshed, and may our local community continue to support the Jewish population in

53
00:09:12,730 --> 00:09:19,670
Prescott with police and government and citizen awareness and assistance, as we struggle

54
00:09:19,670 --> 00:09:25,470
to find meaning and hope in the midst of tragedy, and let us say, Amen.

55
00:09:33,310 --> 00:09:44,690
United States of America, and to the Republic for which it stands, one nation under God, indifisible with liberty and justice for all.

56
00:09:51,430 --> 00:09:55,130
We now have two proclamations. They're going to be presented. The first one is.

57
00:09:55,130 --> 00:09:56,610
Roll call first mayor, sorry.

58
00:09:57,490 --> 00:10:01,310
Oh, that's right. We have a present take. Well, we need to do roll call, don't we?

59
00:10:01,530 --> 00:10:02,630
We do.

60
00:10:03,270 --> 00:10:04,010
Mayor Good.

61
00:10:04,450 --> 00:10:06,210
Yeah, full council chambers like this.

62
00:10:06,210 --> 00:10:09,970
It's a little bit exciting.

63
00:10:11,310 --> 00:10:13,570
Mayer Good. Mayer Present.

64
00:10:13,650 --> 00:10:14,910
Mayer Present, Montoya.

65
00:10:15,450 --> 00:10:17,550
Still here? Councilwoman Kenton, me.

66
00:10:17,870 --> 00:10:19,130
Here. Councilman Moore.

67
00:10:19,570 --> 00:10:20,730
Here. Councilmember Rucing.

68
00:10:21,090 --> 00:10:22,070
Here. Councilman Sishka.

69
00:10:22,530 --> 00:10:23,710
Here. And Councilman Tany.

70
00:10:24,110 --> 00:10:25,750
Yes. All are present.

71
00:10:26,250 --> 00:10:28,910
Very good now. We'll move to presentations.

72
00:10:30,250 --> 00:10:32,790
We'll have a presentation from Prescott Meals

73
00:10:32,790 --> 00:10:35,070
on Wheels and the Center.

74
00:10:41,140 --> 00:10:45,880
Well, thank you, and good afternoon. My name is Neil Snellar, and I'm the executive director for

75
00:10:45,880 --> 00:10:50,600
Prescott Meals on Wheels, and standing to my right is Kathy McFadden, who you'll hear from

76
00:10:50,600 --> 00:10:56,360
shortly, who's the CEO of the Center. And without the Roli P. Simmons Community Center building,

77
00:10:56,460 --> 00:11:01,560
both of our organizations could not exist. And so I'm here just to thank the City of Prescott,

78
00:11:01,680 --> 00:11:07,600
and its citizens for the support of Prescott Meals on Wheels, who's been operating since 1973.

79
00:11:08,740 --> 00:11:14,440
And on behalf of our entire organization, thank you for the commitment from the city because

80
00:11:14,440 --> 00:11:17,800
it helps us to serve those who are most vulnerable in our community.

81
00:11:18,660 --> 00:11:26,520
We have 210 dedicated volunteers who drive over 120,000 miles each year, serving 700 clients

82
00:11:26,520 --> 00:11:29,520
roughly 104,000 meals each year.

83
00:11:30,160 --> 00:11:34,860
And we're facing incredible demand for meals on wheel services, and the need from the support

84
00:11:34,860 --> 00:11:37,020
from the community has never been more critical.

85
00:11:37,840 --> 00:11:39,540
A hot meal delivered by a volunteer

86
00:11:39,540 --> 00:11:42,500
to an individual means so much more than just a meal.

87
00:11:43,160 --> 00:11:46,860
It's a life-saver, a connection, a break and loneliness,

88
00:11:47,500 --> 00:11:48,360
and peace of mind.

89
00:11:49,360 --> 00:11:50,760
And too many of our senior neighbors

90
00:11:50,760 --> 00:11:52,640
are battling hunger and isolation.

91
00:11:54,000 --> 00:11:55,560
And with your ongoing support, we

92
00:11:55,560 --> 00:11:59,420
can partner and delivering hope to those neighbors who need it most.

93
00:12:00,260 --> 00:12:02,720
And with that, I'll turn it over to Kathy.

94
00:12:05,430 --> 00:12:21,810
So I'm Kathy McFadden. I have been with a center for 14 years and I've been the CEO for about a year and we are really working on turning things around and we just wanted to think the mayor and council for everything you do for us to allow us to use the really peace and

95
00:12:21,810 --> 00:12:26,810
building, which houses the center and meals on meals, to separate nonprofits. With Neil

96
00:12:26,810 --> 00:12:31,290
coming on board, we're doing a lot of things together and I think that is

97
00:12:31,830 --> 00:12:38,130
unifying our community even more. We have a lot of activities and I wanted to pass

98
00:12:38,130 --> 00:12:42,150
out a newsletter when I'm finished if I have permission so you could see that

99
00:12:42,150 --> 00:12:46,810
we're doing a lot of community events and we're even working on raising some

100
00:12:46,810 --> 00:12:52,650
funding to create some walking trails and a park area with the land behind the center.

101
00:12:53,370 --> 00:12:56,730
So we just want to let you know that we are more than just a senior center.

102
00:12:57,090 --> 00:13:01,570
We're actually 18 and over and we have been creating a lot of community events.

103
00:13:02,010 --> 00:13:03,430
So thank you for your time.

104
00:13:05,030 --> 00:13:05,910
Sure, go ahead.

105
00:13:05,970 --> 00:13:06,810
May I speak?

106
00:13:15,340 --> 00:13:15,900
Mayor?

107
00:13:20,770 --> 00:13:20,930
Thank you.

108
00:13:20,930 --> 00:13:22,410
Kathy and thank you, Neil.

109
00:13:22,590 --> 00:13:27,850
I know you're expanding the number of programs available to throughout the community.

110
00:13:27,850 --> 00:13:35,270
and although it's historically been kind of looked at as a senior location, there's a lot

111
00:13:35,270 --> 00:13:40,910
of different activities that are available for a variety of members of our community.

112
00:13:41,810 --> 00:13:42,510
And thank you, Neil.

113
00:13:42,650 --> 00:13:48,530
I know I've done a couple of right-alongs with the meals on the wheels myself and there's

114
00:13:48,530 --> 00:13:54,590
many people in the community that look forward to the delivery of those meals and sometimes

115
00:13:54,590 --> 00:14:01,330
It's their only contact with someone else outside of their home.

116
00:14:01,810 --> 00:14:04,830
So it's more than just a meal and a nourishment.

117
00:14:05,030 --> 00:14:08,810
Sometimes it's just a connection with other folks.

118
00:14:09,250 --> 00:14:10,310
So thank you all.

119
00:14:22,630 --> 00:14:24,150
I would excuse me.

120
00:14:24,330 --> 00:14:25,750
I had a request to speak.

121
00:14:25,950 --> 00:14:27,690
Did it not show up on your screen?

122
00:14:29,570 --> 00:14:31,490
Oh, would you like to say a council member Ruth?

123
00:14:31,950 --> 00:14:32,510
Thank you.

124
00:14:33,910 --> 00:14:35,530
We had a little technical difficulty here.

125
00:14:35,530 --> 00:14:42,150
I just wanted to say that I've been the council liaison to the center and they've been doing

126
00:14:42,150 --> 00:14:48,670
a wonderful job coming back from COVID, the parking lot's full, the buildings full, they're

127
00:14:48,670 --> 00:14:56,750
increasing their revenue and it's council, ex council member Suttles is also on the board and it's

128
00:14:56,750 --> 00:14:59,610
wonderful to see the collaboration between Meals on Wheels.

129
00:15:00,000 --> 00:15:08,460
In the center. So if you haven't had a chance, please visit the center and sign up for some of their wonderful activities. Thank you.

130
00:15:10,500 --> 00:15:21,540
All right. Well, now move on to proclamations. First one is a patient-blood management awareness week and that'll be presented by Councilman Shishka.

131
00:15:34,700 --> 00:15:42,460
I don't think you'll have any problem hearing me. Well, we only have six warehouses for this today.

132
00:15:42,460 --> 00:15:51,600
So, this is a proclamation for patient blood management awareness week, November 6 through 10th, 2023.

133
00:15:52,700 --> 00:15:57,880
Whereas, the city of Prescott is pleased to join Dignity Health, Yavipai Regional Medical Center,

134
00:15:58,200 --> 00:16:06,080
located in our city as it celebrates patient blood management over in this week, November 6 through 10th, 2023.

135
00:16:06,080 --> 00:16:29,580
And whereas dignity health, you have a pyregenometical center, is staffed by professionals with a commitment to improving patient outcomes through optimal blood management and whereas patient blood management is the appropriate provision and use of blood, its components and derivatives and strategies to reduce or avoid the need for a blood transfusion.

136
00:16:29,580 --> 00:16:35,360
And whereas patient blood management awareness week speaks to the concerns of every person

137
00:16:35,360 --> 00:16:40,440
to have the best health care available to them, respecting individual preferences and

138
00:16:40,440 --> 00:16:45,880
beliefs, and continuing education of health care professionals to provide that care.

139
00:16:46,520 --> 00:16:51,120
And whereas dignity health, the Avapai Regional Medical Center is staffed by professionals

140
00:16:51,120 --> 00:16:56,800
with a commitment to improving patient outcomes and educating the medical community about

141
00:16:56,800 --> 00:17:02,780
the best practices in blood management, and whereas we command the members of dignity health,

142
00:17:02,780 --> 00:17:08,460
the Avapay Regional Medical Center, for extending themselves in service to others, according

143
00:17:08,460 --> 00:17:11,520
to their commitment to improving patient outcomes.

144
00:17:12,140 --> 00:17:13,420
Now therefore, feel good.

145
00:17:13,620 --> 00:17:19,300
Mayor of the City of Prescott does recognize the week of November 6th through 10th, 2023

146
00:17:19,300 --> 00:17:25,540
as patient blood management awareness week. Congratulations.

147
00:17:29,040 --> 00:17:30,200
I'll give this to you, would you like to

148
00:17:30,200 --> 00:17:36,820
say a few words? Thank you, Councilman Sishka, and Mayor Good and the entire Council for all

149
00:17:36,820 --> 00:17:42,700
the good work that you do. Thank you. And I'm pleased as part of the patient blood management team

150
00:17:43,240 --> 00:17:49,300
at Dignity Health Wire MC to accept the proclamation and just say a couple of things about PBM,

151
00:17:49,300 --> 00:17:57,160
what we call it. I think most of us are very aware of our heart health, our brain, and digestive health,

152
00:17:57,500 --> 00:18:03,620
but do we think about our blood health? It is an organ 2 that does very important things for the body,

153
00:18:04,020 --> 00:18:10,560
and it turns out our own blood is still the best thing to have in our veins, but we want it to take oxygen

154
00:18:10,560 --> 00:18:17,300
to the organs and tissues and we want it to clot appropriately when we're injured. So it's interesting to

155
00:18:17,300 --> 00:18:22,220
that 400 years ago, a physician named William Harvey without microscopes or other testing equipment,

156
00:18:22,740 --> 00:18:25,360
he came to view blood as the priority organ.

157
00:18:25,760 --> 00:18:31,520
So we think it's real important to visit YMC.org in the medical services tab and patient

158
00:18:31,520 --> 00:18:35,460
blood management so you can learn more and you'll know how to contact us if you need some

159
00:18:35,460 --> 00:18:35,840
assistance.

160
00:18:36,460 --> 00:18:37,420
Thank you so much.

161
00:18:38,060 --> 00:18:38,800
Thank you, sir.

162
00:18:45,790 --> 00:18:46,750
Father, ways better.

163
00:18:50,910 --> 00:18:51,450
Thanks, Brad.

164
00:18:51,890 --> 00:18:53,050
Thank you very much.

165
00:18:56,600 --> 00:19:01,980
Our next proclamation is for homeless awareness month November 20, 23.

166
00:19:06,570 --> 00:19:08,690
I think I've got your feet, Steve, I only have four in mind.

167
00:19:10,070 --> 00:19:14,150
Well, members from a copy house, you can come up to anyone else.

168
00:19:14,290 --> 00:19:14,930
All right.

169
00:19:15,390 --> 00:19:18,110
It's my pleasure to read this proclamation on behalf of the city of Prescott

170
00:19:19,030 --> 00:19:22,010
for a copy house, homeless awareness month, November 2023.

171
00:19:22,450 --> 00:19:26,930
Whereas, Prescott Arizona joins the nation in recognizing November as homeless awareness month

172
00:19:26,930 --> 00:19:33,490
And whereas last year, the Prescott area identified over 150 homeless students, a

173
00:19:33,490 --> 00:19:36,990
gotpe house in Prescott works to reduce the number of homeless families by working,

174
00:19:37,150 --> 00:19:39,870
walking alongside families as they rebuild and turn their lives around.

175
00:19:40,330 --> 00:19:47,310
And whereas since its incorporation in 2013, a gotpe house has an 86% success, 86% success rate,

176
00:19:47,690 --> 00:19:51,330
a family's living independently one year after graduation from a gotpe house.

177
00:19:51,790 --> 00:19:55,730
Now therefore, the result that the city of Prescott hereby proclaims,

178
00:19:55,730 --> 00:20:00,770
November 2023 as Agape House homeless awareness month and encourages citizens of

179
00:20:00,770 --> 00:20:05,030
Prescott to give back and become involved with Agape House of Prescott in their vision

180
00:20:05,030 --> 00:20:08,330
to provide a pathway to independence for families and crisis.

181
00:20:18,870 --> 00:20:21,010
Does one of the worlds do you have any idea?

182
00:20:22,490 --> 00:20:22,970
Do you want to think?

183
00:20:23,110 --> 00:20:24,570
Yeah, come on, do you hear from the picture?

184
00:20:26,150 --> 00:20:28,230
It looks better if there's three people in the picture than two.

185
00:20:32,610 --> 00:20:34,110
Would would either of you like to say a few words?

186
00:20:42,430 --> 00:20:44,150
Mayor Council, first thank you for

187
00:20:44,150 --> 00:20:48,110
are honoring the whole organization, not just ours.

188
00:20:48,150 --> 00:20:50,610
There's some other organizations here that partner with us

189
00:20:50,610 --> 00:20:52,250
in Prescott and the surrounding area.

190
00:20:52,870 --> 00:20:53,770
It's a big problem.

191
00:20:54,150 --> 00:20:55,950
It's sad and a beautiful town.

192
00:20:56,490 --> 00:20:57,510
It's still an issue.

193
00:20:58,410 --> 00:21:01,550
We don't want the problems of Phoenix up here.

194
00:21:02,230 --> 00:21:03,570
But thank you for that.

195
00:21:03,910 --> 00:21:06,490
Thank Michael, your whole CDBG team.

196
00:21:07,310 --> 00:21:09,070
And the other is the change for the better.

197
00:21:09,330 --> 00:21:12,110
All those little pieces help us in many other organizations,

198
00:21:12,110 --> 00:21:18,450
and bring people from crisis, whether it's an older person, a senior, a family, juniors.

199
00:21:19,290 --> 00:21:23,170
We just want to help them take them from that life of crisis to a life of independence.

200
00:21:23,530 --> 00:21:27,030
I mean, we look forward to the day when one of those seats is filled by someone who came

201
00:21:27,030 --> 00:21:28,410
out of that crisis lifestyle.

202
00:21:29,570 --> 00:21:33,370
We have people that have come through our organization and others that not only are a homeless

203
00:21:33,370 --> 00:21:37,650
person you see, you know, pushing a shopping card or using drugs, we have people who have

204
00:21:37,650 --> 00:21:42,090
gone to start businesses in this town, where they're employing ten or more people

205
00:21:42,090 --> 00:21:48,770
all creating revenue for the town, for the city, and they've had changed lives, and it's

206
00:21:48,770 --> 00:21:52,770
because this is a great place to live. Everyone wants to live, it's everyone's hometown,

207
00:21:53,790 --> 00:21:58,450
sadly some people who are really challenged, wind up here, or have issues here. So thank

208
00:21:58,450 --> 00:22:00,570
you again. We appreciate you all.

209
00:22:07,500 --> 00:22:10,240
All right, we'll move on to the open call to the public.

210
00:22:10,840 --> 00:22:15,120
Thank you, Mayor. The city of Prescott welcomes public engagement. Residents may comment and

211
00:22:15,120 --> 00:22:18,420
address the council regarding matters that are not included on the posted agenda during

212
00:22:18,420 --> 00:22:23,280
call to the public. If you wish to speak, please complete a green speaker card and submit it to me

213
00:22:23,280 --> 00:22:27,580
prior to the meeting being convened. As a reminder, speakers are limited to four minutes,

214
00:22:27,780 --> 00:22:29,960
and the call to the public will be limited to 40 minutes in-

215
00:22:30,000 --> 00:22:55,080
Total, with the following stipulations. Citizens will be limited to addressing the council on the same topic, only four times in total. If a topic has been addressed more than five times by different speakers, the mayor may limit future discussion on this topic. And topics of a primarily national concern may be limited at the discretion of the mayor. I do have a couple of comment cards mayor and our first one is from, I believe the name is Lewis Row. I hope I said that correctly.

216
00:22:55,080 --> 00:22:56,040
I

217
00:23:08,420 --> 00:23:10,920
got some flyers a hand out. Is that okay?

218
00:23:26,260 --> 00:23:29,800
Okay, so I'm here for neurowrites.

219
00:23:29,860 --> 00:23:34,340
Break, bring in the mic down, sir. Okay. My name is Lewis Roe. I'm from Target at Trafficked.

220
00:23:34,380 --> 00:23:40,880
I'm a neurowrites organization. Human trafficking with cybernetics, cybernetics, the science

221
00:23:40,880 --> 00:23:49,800
of communications, control systems both machine and living. Cybernetics, human trafficking, we're

222
00:23:50,540 --> 00:23:51,100
traceably.

223
00:23:51,620 --> 00:23:54,940
A place where we can define torture and human trafficking

224
00:23:54,940 --> 00:23:57,500
when the cybernative world, the reality, struggle

225
00:23:57,500 --> 00:24:01,500
of influences, are made for a pretty penny,

226
00:24:02,200 --> 00:24:03,240
which means they make a lot of money.

227
00:24:04,600 --> 00:24:07,240
The destruction of oneself through illegal BCI

228
00:24:07,240 --> 00:24:10,340
brain computer interfaces, people are toyed with and used

229
00:24:10,340 --> 00:24:13,340
as illegal experiments for brain computer interfaces,

230
00:24:13,980 --> 00:24:16,760
neurology and implants, small semiconductors

231
00:24:16,760 --> 00:24:20,860
I connect and people to the computer from afar, data centers that

232
00:24:20,860 --> 00:24:25,800
collect and control this information with the information stolen

233
00:24:25,800 --> 00:24:28,680
from the individual, the individual and implanted.

234
00:24:30,460 --> 00:24:32,780
Once the implanted you are connected to a whole wide range

235
00:24:32,780 --> 00:24:36,800
of deep neural networks, where AI, cybernatics, and capable

236
00:24:37,400 --> 00:24:41,600
of influencing the mind through nerve reactions.

237
00:24:41,980 --> 00:24:44,480
All cognitive liberty at this point are stolen by the

238
00:24:44,480 --> 00:24:46,260
hands of corporate professionals.

239
00:24:47,360 --> 00:24:50,680
Cyber torturers, cyber torturers, what is called

240
00:24:50,680 --> 00:24:54,460
by the United Nations, United Nations created a mandate

241
00:24:54,460 --> 00:24:56,860
on cyber torture, but was turned away.

242
00:24:57,900 --> 00:24:59,180
Much like the individuals that can

243
00:24:59,180 --> 00:25:02,920
plane in our turn away into the world of mental health.

244
00:25:04,120 --> 00:25:08,380
Not truly observing the problems we need, technology that

245
00:25:08,380 --> 00:25:11,960
can read these implants, and find the person and find them

246
00:25:11,960 --> 00:25:12,860
in the person's body.

247
00:25:12,860 --> 00:25:18,780
We need a way to save people from these illegal ventures from corporations' hands with corporate chains.

248
00:25:19,780 --> 00:25:22,960
My organization would like to support from this from the city.

249
00:25:23,660 --> 00:25:31,660
My organization plans to retain a cardin of liberty without the restraints of criminals at the criminal's hands.

250
00:25:32,420 --> 00:25:33,800
These corporate individuals,

251
00:25:35,900 --> 00:25:41,800
these corporate individuals here are in the U.S. or foreign, do not care about what happens to the individual.

252
00:25:41,800 --> 00:25:46,660
your mind and your life are in the hands of the corporate corporations.

253
00:25:47,820 --> 00:25:54,040
The cybernetics act as a sort of mind surveillance with a neural implants, AI communication

254
00:25:54,040 --> 00:25:56,480
cybernetics, and torture for a formation.

255
00:25:57,940 --> 00:26:01,300
This type of reality is fearful, but is happening today.

256
00:26:02,120 --> 00:26:08,120
Data centers somewhere, it's collecting all your information identifiably.

257
00:26:08,120 --> 00:26:13,240
If the public knew exactly what was happening in today's time, there would be an alchra.

258
00:26:14,940 --> 00:26:21,020
Neurodata in today's time is everything, and there are, they are rocking the boat untraceably and illegally.

259
00:26:21,980 --> 00:26:24,760
This type of human experimentation must come to a stop.

260
00:26:25,300 --> 00:26:33,500
The truth about neuroscience and ways of capturing brain data, illegally, must be approached and put these people under accountability.

261
00:26:33,500 --> 00:26:37,560
The law defines men all equal, not one and both the other.

262
00:26:38,420 --> 00:26:42,040
The ethics and values need to change in the medical field, including psychiatric.

263
00:26:42,880 --> 00:26:50,440
When each structure in a way to capture these, capture this criminalization, vote for

264
00:26:50,440 --> 00:26:51,820
and pledge for neural rights.

265
00:26:52,860 --> 00:26:58,600
For every citizen and remove people from corporate hands, no man has the right to take

266
00:26:58,600 --> 00:27:02,820
others for any purpose. That includes science and within

267
00:27:02,820 --> 00:27:07,200
Deborah's in no way. Thank you.

268
00:27:07,480 --> 00:27:09,960
Oh, Louis, targetting traffic. Thank you. I'm

269
00:27:09,960 --> 00:27:11,980
from Phoenix, Arizona. I was smoking in front of the

270
00:27:11,980 --> 00:27:14,760
sea council there. I've done a lot of political work and

271
00:27:14,760 --> 00:27:18,080
done a lot of activism over the course of five or six years.

272
00:27:20,200 --> 00:27:22,700
I would like to act in the city, but I would like to

273
00:27:22,700 --> 00:27:25,180
work with the other officials. Thank you.

274
00:27:25,180 --> 00:27:26,740
Thank you.

275
00:27:27,140 --> 00:27:27,660
Carol Benedict.

276
00:27:36,020 --> 00:27:37,500
Good afternoon, Mayor City Council.

277
00:27:39,380 --> 00:27:43,540
I just wanted to come to say thank you to the City Council,

278
00:27:43,820 --> 00:27:47,160
a Councilwoman, Washington Mayor, good.

279
00:27:47,340 --> 00:27:51,980
The entire development team, city attorney, Chelsea,

280
00:27:52,200 --> 00:27:55,420
huge thank you for working through the many bureaucracies

281
00:27:55,420 --> 00:27:58,680
to finally get a slaughter for a triple project.

282
00:27:59,560 --> 00:28:05,740
And I'm just excited to go on to this next phase and I just wanted to publicly say thank you.

283
00:28:05,820 --> 00:28:10,380
You've all spent lots of hours and man hours working on this with us.

284
00:28:10,400 --> 00:28:14,580
And we appreciate it and it is not going to notice and just thank you so much.

285
00:28:15,100 --> 00:28:18,480
Fort Wippel is going to change the face of Edge and homelessness in this community.

286
00:28:19,140 --> 00:28:22,840
It's 103 units. We have 105 veterans on our waiting list.

287
00:28:23,660 --> 00:28:29,340
So it's going to, it's going to shift dramatically for us in our community and for our veterans.

288
00:28:29,660 --> 00:28:30,300
So thank you.

289
00:28:30,480 --> 00:28:31,220
How was it?

290
00:28:37,720 --> 00:28:38,600
Lisa Romaine.

291
00:28:38,880 --> 00:28:40,460
Again, I hope I said the name right.

292
00:28:41,640 --> 00:28:43,560
I can't hear a thing you're saying.

293
00:28:44,520 --> 00:28:45,640
Lisa Romaine.

294
00:28:46,660 --> 00:28:46,720
Lisa.

295
00:28:53,900 --> 00:28:55,400
Good afternoon, Mr. Mayor.

296
00:28:55,720 --> 00:28:56,720
City Council members.

297
00:28:58,800 --> 00:29:02,180
This is my first time in front of such an August board.

298
00:29:02,180 --> 00:29:05,780
So I'll try to be as coherent as possible.

299
00:29:06,680 --> 00:29:09,780
I'm here because I'm a dog walker.

300
00:29:10,800 --> 00:29:12,800
I am one of many in my neighborhood,

301
00:29:13,520 --> 00:29:17,500
and we have had in the last two, three months.

302
00:29:18,880 --> 00:29:22,160
Eight out of ten that I am familiar with have been attacked,

303
00:29:22,400 --> 00:29:25,700
hospitalized or agressed by off-leash dogs.

304
00:29:26,560 --> 00:29:30,660
We really feel that this needs to be addressed in some fashion

305
00:29:30,660 --> 00:29:37,860
and what fashion I really don't know, perhaps better education for dog owners, perhaps mandatory

306
00:29:37,860 --> 00:29:44,580
training for people who have aggressive dogs. It's got to the point where we really cannot,

307
00:29:44,740 --> 00:29:49,200
I don't feel that I can walk and enjoy the beauty of Prescott in the morning without having to

308
00:29:49,200 --> 00:29:56,220
look behind me constantly when I hear something coming behind me. I would really appreciate some

309
00:29:56,220 --> 00:29:59,960
Study on this, and as I say, I'm not sure.

310
00:30:00,000 --> 00:30:15,880
What the procedure would be, but I do believe that people who have dogs need to be reeducated. I know there are laws on the books about off-leash dogs, but it seems that no one seems to be aware of them.

311
00:30:15,880 --> 00:30:28,480
I've had dog owners to address me and telling me that I'm a trouble maker, that there's nothing wrong with their dog and I have to pick up my dog as many other people do.

312
00:30:28,940 --> 00:30:35,420
It's really becoming a problem, and specifically from what I hear in my area, which is the Prescott Heights Campbell,

313
00:30:35,420 --> 00:30:36,540
in the area.

314
00:30:38,780 --> 00:30:41,460
And officer Gray of animal control has

315
00:30:41,460 --> 00:30:45,220
concurred that this is becoming a problem in this area.

316
00:30:45,660 --> 00:30:49,020
So I would appreciate some consideration on this matter.

317
00:30:49,420 --> 00:30:50,520
Thank you very much.

318
00:30:54,220 --> 00:30:54,460
Sam?

319
00:31:04,100 --> 00:31:09,420
Sarah, can I have just a reminder for everybody to get as close as you can to that mic?

320
00:31:11,870 --> 00:31:12,150
Thank you.

321
00:31:12,410 --> 00:31:13,270
Yeah, thank you.

322
00:31:13,530 --> 00:31:14,270
Can hear me, okay.

323
00:31:14,910 --> 00:31:21,330
I want to follow up with Lisa's comments regarding the dog situation and press good heights.

324
00:31:22,070 --> 00:31:27,690
I've known about them for a year, since one of our best friends was bitten, mauled.

325
00:31:28,330 --> 00:31:31,290
She has a deformity of her hand, her dog needed care.

326
00:31:31,810 --> 00:31:35,490
She finally had to go to counseling in order to deal with the dog issue.

327
00:31:36,930 --> 00:31:41,630
Ten days ago, I was walking in my neighborhood where I've lived for ten years.

328
00:31:42,450 --> 00:31:53,530
out of the blue, here comes a pit bull. In two seconds that large pink grin on their faces

329
00:31:53,530 --> 00:32:01,310
facing me, I had no idea what to expect. I have a tiny little poodle. I tried picking

330
00:32:01,310 --> 00:32:07,090
him up, he slipped out of my hands. I picked, tried picking him up again, so it became a chaotic

331
00:32:07,090 --> 00:32:12,730
situation, I was actually on the opposite side of the street, then this person's house.

332
00:32:14,390 --> 00:32:20,530
And of course, I actually, the dog didn't bite me, and I can't say I was surprised because

333
00:32:20,530 --> 00:32:21,870
who would know.

334
00:32:22,170 --> 00:32:25,610
When a dog is attacking you, you have no clue what's going to happen.

335
00:32:26,770 --> 00:32:32,170
So with my heart pounding, I walked home about 900 feet as how close I live.

336
00:32:32,670 --> 00:32:34,690
I didn't even know this house was in there.

337
00:32:34,930 --> 00:32:36,550
It's kind of tucked up in the woods.

338
00:32:37,230 --> 00:32:37,710
Anyway,

339
00:32:40,030 --> 00:32:43,310
I decided, you know, with the one person

340
00:32:43,310 --> 00:32:46,210
that was totally mulled with her hand,

341
00:32:46,470 --> 00:32:48,370
was only one of two that I knew about.

342
00:32:48,510 --> 00:32:52,870
The other person had just been attacked and bitten quite

343
00:32:53,610 --> 00:32:55,310
savagely until Delano.

344
00:32:56,090 --> 00:32:57,790
And that had been about 10 days prior.

345
00:32:58,930 --> 00:33:01,070
So I thought, you know, this is just too much.

346
00:33:01,070 --> 00:33:04,470
I'm going to go back and I'm going to confront this man with his dog.

347
00:33:05,250 --> 00:33:06,710
And of course, he had the excuse.

348
00:33:07,310 --> 00:33:10,670
My dog's just outside playing in the front yard with my kids.

349
00:33:11,250 --> 00:33:17,430
And I thought afterwards, well, if that's the case, why is he running after my dog in the middle

350
00:33:17,430 --> 00:33:18,110
of the street?

351
00:33:19,130 --> 00:33:21,390
So I just want to bring it to your attention.

352
00:33:21,530 --> 00:33:26,170
This has become quite a problem as Lisa said in Prescott Heights.

353
00:33:26,170 --> 00:33:33,290
We know there's rules on the books, of course I call it officer gray, I talk to her.

354
00:33:34,590 --> 00:33:39,250
You know, something that you people may not think about is it's one thing to be bitten

355
00:33:39,250 --> 00:33:41,130
Mald and have to go to the hospital.

356
00:33:42,050 --> 00:33:48,190
It's also another thing emotionally to have to deal with an aggressive animal racing towards you.

357
00:33:48,330 --> 00:33:51,590
You think that's not going to go away anytime soon.

358
00:33:51,590 --> 00:34:02,370
So I would encourage us as a community to seriously look at the dog laws that are on the books and they probably need tweaking.

359
00:34:03,690 --> 00:34:13,150
When I went to talk to the man, and by the way, when I first was charged, I won't call it an attack because I didn't get hurt.

360
00:34:13,150 --> 00:34:14,090
praise the Lord,

361
00:34:16,530 --> 00:34:20,930
but, you know, he would never apologize, it's just like, you know, it's just

362
00:34:20,930 --> 00:34:27,270
another day in Prescott. So when I went back to him, I drove my car over there and I said,

363
00:34:27,390 --> 00:34:33,450
I want to talk to you. And he said, this is a confrontation, get off my property. So those are the

364
00:34:33,450 --> 00:34:38,410
kind of dog orders that we're dealing with and we might have to keep that in mind. Anyway, thank you

365
00:34:38,410 --> 00:34:41,670
taking your time to hear this address.

366
00:34:43,370 --> 00:34:44,310
That's all mayor.

367
00:34:55,330 --> 00:34:55,910
Very well.

368
00:34:56,090 --> 00:34:58,190
We'll move on to the consent agenda.

369
00:34:58,830 --> 00:35:03,210
Does anyone on the council want to pull any items off of the consent agenda?

370
00:35:04,590 --> 00:35:05,150
Yes, mayor.

371
00:35:05,770 --> 00:35:11,010
I'd like to pull items B, C and D.

372
00:35:11,790 --> 00:35:12,350
Thank you.

373
00:35:15,170 --> 00:35:16,010
Say that again.

374
00:35:16,010 --> 00:35:22,570
D and E and D. B is in boy. C and D. Okay.

375
00:35:32,220 --> 00:35:33,240
Any additional items?

376
00:35:35,320 --> 00:35:40,040
No, I'll entertain a motion on the remaining items then.

377
00:35:40,100 --> 00:35:48,260
You know, I move that we approve the consent agenda items A through K with the exception of items B, C and D. Second. Second.

378
00:35:48,260 --> 00:35:48,660
Ask

379
00:36:06,070 --> 00:36:07,530
the seven zero.

380
00:36:07,790 --> 00:36:11,090
Very good. Councilmember Rucing.

381
00:36:12,110 --> 00:36:17,870
Thank you. I just have a few questions for community development about this easement.

382
00:36:31,920 --> 00:36:34,500
Well, I'm not community development, but I drew the short straw.

383
00:36:35,240 --> 00:36:37,720
Ask away. Okay. Thanks, Gwen.

384
00:36:38,420 --> 00:36:46,940
This is about a dedication of a right away for creating a public street in the South Ranch residential

385
00:36:46,940 --> 00:36:55,680
development of a deep-well ranch and also extension of water and sewer utilities and I just

386
00:36:55,680 --> 00:37:02,810
have a few questions will there be an will that easement include room for a multi-modal

387
00:37:03,320 --> 00:37:12,240
sidewalk along this main connector. So Councilperson received the there are three items on the agenda.

388
00:37:12,240 --> 00:37:19,100
The first one is the dedication of the right of way, and then there's the plat for phase 1,

389
00:37:19,120 --> 00:37:22,560
A of South Ranch and the plat for 3A of South Ranch.

390
00:37:23,920 --> 00:37:29,100
The dedication of the right of way is for 62 feet of pavement and a median.

391
00:37:30,000 --> 00:37:59,800
But on the plat, for phase 1, a and phase 3, a, you'll see a trail easement within the tracks that a but the right of way. So there is a trail easement along the west side of gentleman and the water is along the east side of gentleman. So those things are contained alongside of the right of way, but the dedication is only 62 feet. So those things are in private tracks, just outside of the dedicated right of way.

392
00:38:00,000 --> 00:38:06,280
either a public utility easement or a tract for public use. Okay thank you because I remember

393
00:38:06,280 --> 00:38:12,240
looking at those plants I had to get out a magnifying glass and it said in very spine print

394
00:38:12,240 --> 00:38:19,640
T.R. something. It's a T.T. So it's a trail easement. Trail easement and the easement is outside

395
00:38:19,640 --> 00:38:24,080
of this public easement. It'll be on the south side of the right of way but it is in a

396
00:38:24,080 --> 00:38:43,460
public tract, yes. Okay. All righty. Okay. Well, thank you very much. I just wanted to clarify that and to make sure that we had easements for the water and sewer utilities included. So we didn't have to purchase the land and pay for it to put in easements.

397
00:38:43,740 --> 00:38:52,300
Those are what utilities are already there. And in fact, construction plans were submitted and we did verify that they're within those areas.

398
00:38:52,760 --> 00:39:01,340
Okay. Thank you very much for going. I appreciate it. Mayor. Mayor. Yeah, I had a question. This may be for Gwen or maybe it's actually more appropriate for Joe.

399
00:39:02,820 --> 00:39:08,940
When we're looking at these final plats, what is our actual charge in improving these final plats?

400
00:39:09,780 --> 00:39:12,440
Well, I think we're still on night of night of night of night.

401
00:39:12,480 --> 00:39:13,560
Okay. Are we?

402
00:39:13,720 --> 00:39:16,000
Oh, we can make a decision on that and then we can move on.

403
00:39:16,100 --> 00:39:19,960
Fair enough. Fair enough. I will I will hold my question and tell the next item.

404
00:39:19,960 --> 00:39:24,760
So I'll entertain a motion on item 9B.

405
00:39:25,140 --> 00:39:29,020
May I move that we approve item 9B on the consent agenda?

406
00:39:31,020 --> 00:39:33,200
Have a motion as second please vote.

407
00:39:42,210 --> 00:39:43,590
Pass the seven zero.

408
00:39:43,810 --> 00:39:46,410
All right, good to move to item 9C.

409
00:39:50,880 --> 00:39:51,860
Thank you.

410
00:39:52,280 --> 00:39:57,460
As you realize, we just earlier had a study session about Deepwell Ranch.

411
00:39:57,460 --> 00:40:06,160
And protection, public safety, we've been having many discussions about overflights, noise,

412
00:40:06,660 --> 00:40:18,740
DNL. And this is a 720 more residents coming soon. And I was concerned about, are we going

413
00:40:18,740 --> 00:40:25,660
to, since it's in the airport in Fluent area, the ASAP plan, are we requiring any soundproofing

414
00:40:25,660 --> 00:40:29,840
to decrease hopefully some of the complaints that we receive

415
00:40:31,140 --> 00:40:35,560
soundproofing as far as windows, addict, anything required here.

416
00:40:37,500 --> 00:40:42,620
Aaron Council, in response to that, the development criteria of both in the

417
00:40:42,620 --> 00:40:48,420
Deepwell Master Plan and the city's current building codes have an elevated level of

418
00:40:48,420 --> 00:40:55,520
insulation that's required in order to meet those codes and apologize on George Rowling the

419
00:40:55,520 --> 00:40:58,740
They effectively create additional sound barriers,

420
00:40:59,340 --> 00:41:01,600
just meeting the energy codes in the building code,

421
00:41:02,140 --> 00:41:05,860
but the deep-well master plan has additional requirements on top of that.

422
00:41:06,060 --> 00:41:08,280
They reinforce during the building permitting process.

423
00:41:08,560 --> 00:41:09,600
So the answer is yes.

424
00:41:10,120 --> 00:41:13,740
We do have codes that will add additional sound mitigation levels,

425
00:41:14,080 --> 00:41:17,720
and those will be enforced during the individual building construction permits

426
00:41:17,720 --> 00:41:18,680
for each individual.

427
00:41:19,460 --> 00:41:21,180
Okay, and then thank you.

428
00:41:21,740 --> 00:41:25,240
This also includes the next agenda item.

429
00:41:25,240 --> 00:41:32,540
on the consent agenda item 90 and C. So I'd like to just combine the two.

430
00:41:33,100 --> 00:41:41,840
I attend every airport advisory committee meeting and at the end of every meeting, they have a discussion about all the complaints.

431
00:41:42,600 --> 00:41:52,860
And our airport employees have to go out and they make personal home visits to people in Deepwell Ranch, mostly about overflight complaints.

432
00:41:54,220 --> 00:42:00,720
and they met with the HOAs, they met with community people and I'm I'm I'm

433
00:42:00,720 --> 00:42:05,520
stunned at how much time and effort they have to spend because it's people are

434
00:42:05,520 --> 00:42:13,920
just not being properly notified and I would like to request that before we

435
00:42:13,920 --> 00:42:24,500
improve these plants that we upgrade the notification procedures to include an AIA map,

436
00:42:24,500 --> 00:42:31,380
a map of the airport influence area, a disclosure, and then also a release that releases

437
00:42:31,380 --> 00:42:36,660
the city of any responsibility for all the complaints in the noise.

438
00:42:36,660 --> 00:42:44,220
Because apparently, and as you can see from the study session, people aren't being properly

439
00:42:44,220 --> 00:42:52,140
notified, and these documents should be signed at the opening of S. Square when the deposits

440
00:42:52,140 --> 00:42:59,900
are put down, because as it is now, they do not realize the extent of what they're getting

441
00:42:59,900 --> 00:43:00,400
into.

442
00:43:01,100 --> 00:43:01,900
Thank you.

443
00:43:04,070 --> 00:43:07,650
And I'll just address that briefly because this is something that we've been involved

444
00:43:07,650 --> 00:43:13,230
and legal as well, having a feeling that disclosures were insufficient, there is a requirement

445
00:43:13,230 --> 00:43:17,830
for a disclosure and a form of one within the navigation easement contained in the deep

446
00:43:17,830 --> 00:43:23,630
old ranch master plan and development agreement, and we did not believe that that form was

447
00:43:23,630 --> 00:43:24,610
going out.

448
00:43:24,930 --> 00:43:31,350
We have since working with the home builder, ensure that that now is part of what's going out.

449
00:43:31,690 --> 00:43:37,010
It's part of the community documents that they get, so there are a lot of documents, but

450
00:43:37,010 --> 00:43:41,970
They do get that updated form that we required, and we made them, we made sure that they did

451
00:43:41,970 --> 00:43:43,390
that before we got to this step.

452
00:43:44,550 --> 00:43:49,710
And then I'll say, as it relates to a form kind of waving liability of the city, I don't

453
00:43:49,710 --> 00:43:53,310
think we can do that specifically, although we do do that through the navigation easement,

454
00:43:53,410 --> 00:43:54,810
which applies to all of those properties.

455
00:43:55,930 --> 00:43:58,590
So I think that we're happy they worked with us.

456
00:43:58,850 --> 00:44:02,970
They weren't where we wanted them to be, but we've come a long way and they updated their

457
00:44:02,970 --> 00:44:04,590
disclosures to contain that form.

458
00:44:04,590 --> 00:44:10,430
Because I would like to see a copy of those disclosures just for my own peace of mind.

459
00:44:11,130 --> 00:44:19,450
And I think that that's something that people just have not been properly informed.

460
00:44:20,550 --> 00:44:27,930
And it is just, it has been skyrocketing because we keep approving more and more subdivisions under the flight plan.

461
00:44:27,930 --> 00:44:35,790
They have 800 fly-overs, over 800 fly-overs a day, and we bear the airport bears the

462
00:44:35,790 --> 00:44:41,050
brunt of the phone calls, and maybe in those forms, we should ask them to just maybe call

463
00:44:41,050 --> 00:44:44,610
the builder and his legal team instead of us.

464
00:44:44,750 --> 00:44:45,510
Thank you.

465
00:44:49,810 --> 00:44:58,370
Well, I have similar concerns, I've actually set down with two homeowners in Westwood and gone

466
00:44:58,370 --> 00:44:59,970
over the actual closing date.

467
00:45:00,000 --> 00:45:08,560
The documents that they received and assigned off on one day purchased their homes. They were told

468
00:45:08,560 --> 00:45:18,640
that they would have a full copy of the CCNRs. They were given a link on their computer

469
00:45:18,640 --> 00:45:26,520
to access those. The link was broken. They were not able to access the CCNRs. They received

470
00:45:26,520 --> 00:45:29,520
about two weeks after their close-up escrow.

471
00:45:31,100 --> 00:45:33,560
So that obviously was not sufficient,

472
00:45:34,520 --> 00:45:38,560
and making a statement like the homeowner will have access

473
00:45:38,560 --> 00:45:42,860
to those without actually being able to sign off

474
00:45:42,860 --> 00:45:44,900
and saying, I received them,

475
00:45:44,940 --> 00:45:48,280
and I've had a chance to review them.

476
00:45:48,940 --> 00:45:54,070
Even here, where it says CC&Rs,

477
00:45:54,210 --> 00:45:56,470
which reference the navigation easement.

478
00:45:56,470 --> 00:46:04,390
Yes, there is an navigation easement on the underlying property that the property owners have signed off on.

479
00:46:04,650 --> 00:46:13,310
But I think it's essential that each and every individual homeowner acknowledge that navigation easement and sign off on it individually,

480
00:46:13,910 --> 00:46:21,170
so that they know what the total overall impact is going to be in their homes.

481
00:46:21,170 --> 00:46:25,050
They also referenced a placard in the sales office.

482
00:46:25,710 --> 00:46:30,230
Well, this placard doesn't have anything to do with the navigation easement of the

483
00:46:30,230 --> 00:46:34,910
then showing a proximity of their home to the airport.

484
00:46:35,750 --> 00:46:40,430
Well, we've heard from a lot of people that said, well, yeah, I knew I was buying a home

485
00:46:40,430 --> 00:46:45,910
near the airport, but I had no idea that there would be this many overflights, and that's

486
00:46:45,910 --> 00:46:53,090
navigation easement is there to do, to identify the overflight impact and make sure the

487
00:46:53,090 --> 00:47:01,390
homeowner knows that and acknowledges that they're purchasing in a high aircraft overflight

488
00:47:01,390 --> 00:47:10,070
area and they accept the consequences of that. So these things need to be more legitimate

489
00:47:10,070 --> 00:47:13,750
and they need to be individually acknowledged.

490
00:47:16,850 --> 00:47:19,290
And I don't think that's happening.

491
00:47:19,570 --> 00:47:24,510
Even though the builders are claiming it,

492
00:47:24,570 --> 00:47:28,410
I've yet to see it actually happen on a individual basis.

493
00:47:29,130 --> 00:47:31,950
So how are we going to enforce that and monitor it?

494
00:47:38,750 --> 00:47:41,830
I think it's important.

495
00:47:42,470 --> 00:47:45,950
And clearly we've spent a lot of time on this disclosure issue.

496
00:47:46,210 --> 00:47:47,850
And I think that they've improved.

497
00:47:47,850 --> 00:47:56,970
We do need to enforce and monitor, and I think the how we enforce and monitor is, it's an agreement, it's part of about the navigation easement and the contract.

498
00:47:57,930 --> 00:48:02,850
So on a contractual level, we can withhold building permits if we see that that's not being done.

499
00:48:03,550 --> 00:48:14,510
I have checked and based on what I've, and I think someone in the community development went to the office office to make sure to see what their actual documents were and it did contain that document.

500
00:48:14,510 --> 00:48:17,970
And my impression is that it wasn't being given previously.

501
00:48:18,550 --> 00:48:19,530
It is now.

502
00:48:19,530 --> 00:48:23,510
And I've checked to make sure that the link works, for example, the link now works.

503
00:48:24,530 --> 00:48:28,770
And we do have that form, as I mentioned, the form of disclosure that's required and the contract

504
00:48:28,770 --> 00:48:31,250
is finally being given in part of those disclosures.

505
00:48:31,650 --> 00:48:36,030
Their signed off on as a receipt, though there are maybe 20 things being signed off on.

506
00:48:36,030 --> 00:48:37,630
So it is part of a big packet.

507
00:48:38,350 --> 00:48:46,250
But it's signed off on before the contract is counter-signed and that we have receipts for that.

508
00:48:46,350 --> 00:48:50,450
So we can at least acknowledge that we have the receipts and enforce on the receipts.

509
00:48:50,990 --> 00:48:54,090
And then there's a five-day resision period to receive the deposit back.

510
00:48:54,130 --> 00:48:57,350
Five days is not a lot, but we don't have anything covering that in our agreement.

511
00:48:59,790 --> 00:49:06,090
Well as long as that's being done and done consistently, I think we should be in a pretty good condition.

512
00:49:06,090 --> 00:49:14,210
So, I would suggest that whenever we have a inspector going out to look at a new home construction,

513
00:49:15,050 --> 00:49:22,530
maybe they drop by the sales office and take a good look to see that these disclosures continue to be offered.

514
00:49:23,350 --> 00:49:28,850
I mean, I was told this was happening before when it was door-n-homes.

515
00:49:28,850 --> 00:49:41,150
And then I was told it was happening when American Southern homes acquired Dorn, and now we have a third entity ever more, which is over and above those.

516
00:49:41,610 --> 00:49:52,690
So every time it seems like the ownership changes, then there's new policies, and sometimes the individual homeowners don't get what they're expecting to get.

517
00:49:52,690 --> 00:50:01,090
So, as long as we can drop in occasionally without previous notification, and we can confirm that

518
00:50:01,090 --> 00:50:05,390
this is continuing to be done correctly, then we should be okay.

519
00:50:07,760 --> 00:50:08,720
I have one more question.

520
00:50:09,400 --> 00:50:09,820
Mayer?

521
00:50:10,240 --> 00:50:13,300
We have Councilwoman Ken Tell me's up next.

522
00:50:14,560 --> 00:50:17,580
I have two points on this complex here.

523
00:50:17,740 --> 00:50:21,740
And George, I was in your office yesterday talking to you about this particular thing.

524
00:50:22,000 --> 00:50:23,880
And I wanted to find out, is the owner here today?

525
00:50:23,880 --> 00:50:33,720
I'd like to ask a question about the ability after reading the airport recommendations on this particular complex.

526
00:50:34,560 --> 00:50:41,780
There was a disconnect we discovered in the landscaping because of the height recommendation for the area.

527
00:50:42,180 --> 00:50:50,000
There was no wage for the homeowner, the end user, to be able to have access to that landscaping plan.

528
00:50:50,000 --> 00:50:56,880
and we discussed getting it into the CC&Rs, so that the homeowner would see the approved

529
00:50:56,880 --> 00:51:00,440
plantings because of the height limitation imposed on the airport.

530
00:51:01,480 --> 00:51:04,280
So is he here today, I'd like to ask him about that.

531
00:51:04,500 --> 00:51:10,880
We do have a representative here from the developer who may be able to speak to that.

532
00:51:11,060 --> 00:51:11,180
Okay.

533
00:51:11,620 --> 00:51:15,800
Mayor, council for your records, Lindsay Shubi, with the law firm of Gammajum Burnham, Forty North

534
00:51:15,800 --> 00:51:17,020
Central and Phoenix, Arizona.

535
00:51:17,020 --> 00:51:22,560
So thank you very much and thank you to staff, answering all those great questions we've had so far.

536
00:51:23,440 --> 00:51:33,160
We can work with any neighboring, any neighbor that has, that we're aware of the height restrictions on all of the landscaping and we absolutely will ensure that

537
00:51:33,160 --> 00:51:35,820
that our residents are aware of that.

538
00:51:36,180 --> 00:51:42,180
Well in what way because I know it's been a disconnect when you've got these airport recommendations on high limitation

539
00:51:42,180 --> 00:51:48,400
And I know how this works with the developer who is in charge of landscaping the common areas.

540
00:51:48,860 --> 00:51:50,580
He brings in a landscape plan.

541
00:51:50,800 --> 00:51:52,360
It's approved or disapproved.

542
00:51:52,980 --> 00:51:57,120
But the end user, the homeowner, when they go to landscape their property,

543
00:51:57,440 --> 00:51:59,980
they're left to just hire anybody out there to landscape.

544
00:52:00,460 --> 00:52:05,940
They don't have the availability to the same airport recommendations and plant lists.

545
00:52:06,140 --> 00:52:07,720
And that's where the disconnect comes.

546
00:52:07,720 --> 00:52:10,280
So if all of a sudden you've got a, you know,

547
00:52:10,420 --> 00:52:13,160
I don't know, I should ask Eric, a Siberian elm that grows to,

548
00:52:13,160 --> 00:52:14,940
you know, 150 feet, whatever they are.

549
00:52:15,360 --> 00:52:17,460
And they've planted it in error.

550
00:52:17,780 --> 00:52:19,040
They're not aware of it.

551
00:52:19,320 --> 00:52:23,760
So is there any way of getting that actually in the CCNRs?

552
00:52:23,880 --> 00:52:26,500
So the end user, when they buy that,

553
00:52:27,040 --> 00:52:29,740
and they go to higher independent landscaping company,

554
00:52:30,000 --> 00:52:36,520
Have the awareness, because expecting people to go police that after the fact is a very difficult thing.

555
00:52:37,020 --> 00:52:40,000
You know, it shouldn't be, it's not really fair for the airport people to have to do that either.

556
00:52:40,300 --> 00:52:41,980
It should be stopped in the beginning.

557
00:52:44,020 --> 00:52:47,360
Correct, mayor, mayor, pro-tem, councilwoman, agree.

558
00:52:47,700 --> 00:52:52,400
And I think that's something maybe we can work with the HOA in terms of enforcing that.

559
00:52:52,500 --> 00:52:56,280
It is hard to go through multiple homeowners in certain situations.

560
00:52:56,280 --> 00:53:17,300
And we shouldn't be the airport's responsibility nor should it be code compliance responsibility although that you know is a situation where we do that we do commit we will work I will tell you working with your city attorney we we are now more in tune with these disclosures than we ever thought we would be so so the current management and leadership

561
00:53:18,200 --> 00:53:23,320
mayor council member I commit to you know we if we go through the power point we do have all of our

562
00:53:23,320 --> 00:53:30,680
disclosures they've all been updated and and we're more up to speed on our disclosures than we ever thought we

563
00:53:30,680 --> 00:53:35,740
would be so we can ensure that in working with the property owners that have those height limitations

564
00:53:37,520 --> 00:53:44,380
I don't know what putting them in the CCNRs per se but I do you know working with the HOA that might be the right

565
00:53:44,380 --> 00:53:48,800
mechanism in terms of making sure that the neighborhood is taking

566
00:53:48,800 --> 00:53:50,180
to accountability in response.

567
00:53:50,300 --> 00:53:52,460
Well, that the end user is aware of that,

568
00:53:52,740 --> 00:53:54,300
immediately, not after the fact.

569
00:53:54,720 --> 00:53:57,400
The second issue real quick, and I'm going to build on what the mayor was saying.

570
00:53:57,920 --> 00:54:01,220
What happened, and I wasn't planning in zoning when this issue came up several times,

571
00:54:01,640 --> 00:54:03,520
is the disclosure on the navigation easements.

572
00:54:03,580 --> 00:54:06,620
What's happened in the past to build on what he was saying,

573
00:54:07,180 --> 00:54:10,580
is the chain of events, so the person goes into buy the home.

574
00:54:10,940 --> 00:54:14,120
They're not aware of the navigation easement because it's not disclosed

575
00:54:14,120 --> 00:54:18,120
right off the bat if they don't do their due diligence but then what happens they put the

576
00:54:18,120 --> 00:54:23,240
deposit down on the home they go to sign the papers and if they're aware enough out of

577
00:54:23,240 --> 00:54:27,960
the 150 page packet that they're going to get they might notice the navigation easement

578
00:54:27,960 --> 00:54:32,660
well they may decide not to sign it at that point but by that point they've lost the ability

579
00:54:32,660 --> 00:54:38,800
to get back their down payment on the house so my question is how has that been corrected

580
00:54:38,800 --> 00:54:43,980
has it been corrected because that was many of the constituents that I met with over this

581
00:54:43,980 --> 00:54:49,520
issue said to me I didn't get it and when I did get it it was too late. We were going to lose

582
00:54:49,520 --> 00:54:54,200
our 20% down or whatever it was by the time we saw that navigation easement.

583
00:54:55,740 --> 00:55:03,580
Mayor Mayor Protem Council member all of these disclosures now happen within before when

584
00:55:03,580 --> 00:55:08,900
on contract phase. So at the beginning, not in the closing documents phase. So we have

585
00:55:08,900 --> 00:55:13,720
the public report. We've got the CC&Rs, and those have been updated. We've got the

586
00:55:13,720 --> 00:55:18,800
placard on the sales office, and we also have the plat notes. And I can take you through

587
00:55:18,800 --> 00:55:25,640
those individually, but those are now signed and acknowledged before the seller countersigned

588
00:55:25,640 --> 00:55:30,940
the document, and then there is that time when you can get out of the contract and get your

589
00:55:30,940 --> 00:55:35,260
back. So when you say you've got the beginning, it's at the purchase and sale agreement stage.

590
00:55:35,720 --> 00:55:39,400
So when you make a statement that you've got the placard in the sales office, I'm assuming

591
00:55:39,400 --> 00:55:44,880
it's been framed and it's on the wall for full disclosure right off the bat.

592
00:55:45,940 --> 00:55:50,400
Mayor, council member absolutely disframed in on the wall and it is something we

593
00:55:50,400 --> 00:55:54,380
understand the importance of this to the community. The concern it has been to the airport

594
00:55:54,380 --> 00:56:00,620
and all of our sales team is trained on ensuring that this is right again right out of the gate

595
00:56:00,620 --> 00:56:02,760
at the purchase and sale agreement stage,

596
00:56:03,700 --> 00:56:06,500
all of these documents are provided, acknowledged,

597
00:56:06,920 --> 00:56:10,380
and there is an opportunity for the potential buyer

598
00:56:10,380 --> 00:56:11,720
to get out of the contract

599
00:56:11,720 --> 00:56:14,200
and to get their money back without any penalty.

600
00:56:14,900 --> 00:56:15,540
Thank you.

601
00:56:15,780 --> 00:56:16,300
You're welcome.

602
00:56:16,800 --> 00:56:17,960
I have a question.

603
00:56:18,520 --> 00:56:19,360
Just a second.

604
00:56:20,120 --> 00:56:23,660
Do you have some type of a disclosure

605
00:56:23,660 --> 00:56:27,520
that describes what an navigation easement is?

606
00:56:27,520 --> 00:56:33,440
I think if you take 100 average new homeowners and said you're signing an

607
00:56:33,440 --> 00:56:36,860
navigation easement, they wouldn't have a clue what that is.

608
00:56:37,300 --> 00:56:40,940
So being able to have something on the wall says, what is an navigation easement

609
00:56:40,940 --> 00:56:43,240
before I buy this house?

610
00:56:43,500 --> 00:56:46,240
It would be good for them to know exactly what it is.

611
00:56:46,660 --> 00:56:48,640
Yeah, Mayor Mayor Pro, great question.

612
00:56:49,320 --> 00:56:55,500
Again, in the public report, it absolutely says, notice and disclosure is located within

613
00:56:55,500 --> 00:57:02,160
of the vicinity of the Prescott Municipal Airport, Ernest A. Lovefield, the location will be

614
00:57:02,160 --> 00:57:08,620
subject to aircraft over aircraft, over flights, ordinance number. So we don't just say

615
00:57:08,620 --> 00:57:13,600
navigation easement, because I agree with you, that is it. Those are two words that people don't

616
00:57:13,600 --> 00:57:17,580
use in general, you know, much like ministerial, which George and I were talking about today,

617
00:57:17,940 --> 00:57:22,460
it's not a word that everyone uses. So it absolutely is broken down into plain language,

618
00:57:22,460 --> 00:57:30,600
in multiple areas, like we said, the public report, the plat, as well as the CCNRs.

619
00:57:30,660 --> 00:57:32,080
And it is broken down into plain language.

620
00:57:32,280 --> 00:57:36,740
There's also a phone number for the airport to contact if there are questions about the number

621
00:57:36,740 --> 00:57:40,260
of over-flight, but it is very, as well as the placard.

622
00:57:42,260 --> 00:57:47,280
Well, I know I've heard from a resident who said, yeah, I knew I was moving in next to an airport.

623
00:57:47,280 --> 00:58:05,600
But I had no idea that we're going to have overify every 67 seconds all day long from six in the morning until 8 or 9 at night and sometimes you've got the students learning how to fly on instrumentation.

624
00:58:06,020 --> 00:58:08,660
So it happens all day long even the weekends.

625
00:58:08,660 --> 00:58:15,900
and it's important that they understand what an navigation easement is, and what the impact

626
00:58:15,900 --> 00:58:22,220
is that they are agreeing to when they purchase that home and reside there.

627
00:58:23,300 --> 00:58:24,300
Council member Rucing.

628
00:58:25,240 --> 00:58:26,120
Thank you.

629
00:58:26,420 --> 00:58:28,000
I really appreciate your response.

630
00:58:30,360 --> 00:58:36,760
I would like to make a suggestion, you know, a pitcher's worth a thousand words, and the airport

631
00:58:36,760 --> 00:58:40,620
Influence area map is very simple, very clear.

632
00:58:40,820 --> 00:58:43,000
It's a giant rectangle, shows the airport.

633
00:58:44,360 --> 00:58:48,800
And it should be included, should be on your wall,

634
00:58:49,400 --> 00:58:53,120
should be included in all the disclosures for the people.

635
00:58:53,400 --> 00:58:58,000
Just look at sign and have the location of the subdivision

636
00:58:58,000 --> 00:59:00,980
and how it relates to the end of the runway

637
00:59:00,980 --> 00:59:04,820
and the fact that it's in this airport influence area.

638
00:59:04,820 --> 00:59:15,120
because I think that that is full disclosure, transparency, just to include a map for people

639
00:59:15,120 --> 00:59:15,960
to see.

640
00:59:16,300 --> 00:59:22,220
And then if they call up and complain afterwards, you know, we're pretty well-covered.

641
00:59:22,360 --> 00:59:23,340
Thank you very much.

642
00:59:23,340 --> 00:59:24,260
I appreciate it.

643
00:59:25,220 --> 00:59:27,120
Thank you, Mayor.

644
00:59:28,240 --> 00:59:34,440
George, my understanding of approval of final platoes that we're determining if it's

645
00:59:34,440 --> 00:59:39,500
substantial conformance with preliminary plaque? That is correct sir. Is the final

646
00:59:39,500 --> 00:59:43,940
plaque for this in substantial conformance with the preliminary plaque in your

647
00:59:43,940 --> 00:59:46,340
opinion? It is. Thank you.

648
00:59:48,460 --> 00:59:52,940
Councilman Shishka. Thank you, Mayor. I'd kind of like to

649
00:59:52,940 --> 00:59:57,980
go back to the application assessment. I'm not so concerned with the initial

650
00:59:57,980 --> 00:59:59,120
We'll sail at the house.

651
01:00:00,000 --> 01:00:08,020
I'm concerned with the second sale and the third sale and the fourth sale of the same house. With the

652
01:00:08,020 --> 01:00:13,500
avigation easement does a signed avigation easement by the initial buyer of the house.

653
01:00:15,860 --> 01:00:21,500
Is that, are they signing for all of the future owners of the house?

654
01:00:22,760 --> 01:00:24,340
Mayor, Councilman, great question.

655
01:00:25,700 --> 01:00:29,880
When there is a resale of the House, when you're dealing with the title company, all of

656
01:00:29,880 --> 01:00:35,620
the public report, the CCNRs, the Avocation Eastmint, are all party to that sale.

657
01:00:36,140 --> 01:00:41,580
So absolutely there will be acknowledgement as you move forward, and it will be re-disclosed

658
01:00:41,580 --> 01:00:45,940
with the CCNRs and the public report and the Avocation Eastmint will be part of that

659
01:00:45,940 --> 01:00:47,860
package every time the House is re-sold.

660
01:00:47,860 --> 01:00:53,260
So every time someone buys the house, they have to re-sign the navigation easement.

661
01:00:53,380 --> 01:00:53,520
Yeah.

662
01:00:53,820 --> 01:00:58,960
Mayor Councilman, they don't re-sign the navigation easement, but it is absolutely disclosed

663
01:00:58,960 --> 01:00:59,520
to them.

664
01:00:59,540 --> 01:01:01,780
So the navigation easement is placed over the property.

665
01:01:02,140 --> 01:01:07,540
They don't re-sign it, but they will get the CC&Rs and the plat note and the public

666
01:01:07,540 --> 01:01:09,300
report and the navigation easements.

667
01:01:09,420 --> 01:01:14,280
So there are four different mechanisms for notice for future home buyers.

668
01:01:14,280 --> 01:01:19,240
And if I may, it's an obligation that runs with the land once signed by the initial property owner.

669
01:01:19,540 --> 01:01:24,100
So it's an obligation that is incurred by subsequent property owners, but they don't sign it.

670
01:01:24,480 --> 01:01:29,700
Just like people don't sign an easement for a right of what easement when they buy near a road.

671
01:01:30,120 --> 01:01:35,960
But the obligation continues, and it becomes an obligation of the title company to disclose that as they go through the process.

672
01:01:36,240 --> 01:01:38,380
Okay. Thank you.

673
01:01:38,380 --> 01:01:41,960
And how do we deal with people who lease this property?

674
01:01:42,960 --> 01:01:46,900
Well, this type of disclosure being included in their leasing documents,

675
01:01:47,600 --> 01:01:51,320
so that somebody who says I'm moving in here for a year,

676
01:01:52,020 --> 01:01:56,100
and then finds out that they've got these huge number of overflights.

677
01:01:56,660 --> 01:02:00,780
How is that going to be addressed and protected to the leasing?

678
01:02:01,600 --> 01:02:05,460
And I can address this briefly, just under the state of the law.

679
01:02:05,460 --> 01:02:07,500
And it will say, you're not here.

680
01:02:07,560 --> 01:02:09,980
I don't believe they're here on any lease properties,

681
01:02:11,000 --> 01:02:13,140
but they could be leased by subsequent purchasers.

682
01:02:13,920 --> 01:02:17,120
And there are some disclosure requirements that are limited.

683
01:02:18,760 --> 01:02:23,320
And so, unless or will have to disclose the airport influence area,

684
01:02:23,340 --> 01:02:24,300
but that's about it.

685
01:02:24,440 --> 01:02:26,140
It's essentially your near and near port.

686
01:02:26,960 --> 01:02:31,240
And in terms of obligations to provide termination and so forth,

687
01:02:31,720 --> 01:02:33,160
that's not within the state.

688
01:02:33,160 --> 01:02:40,180
So that would be for the homeowners association and the CC and ours that they'll have to abide by once they become a leaky.

689
01:02:40,300 --> 01:02:44,100
If there's any CC and ours or homeowners association rules, they'd have to follow that.

690
01:02:44,340 --> 01:02:48,080
How many HOAs are being planned for this entire area?

691
01:02:51,740 --> 01:02:52,540
Just one?

692
01:02:52,600 --> 01:02:52,980
No.

693
01:02:53,420 --> 01:02:54,280
Or take a minute.

694
01:02:57,860 --> 01:03:00,660
Mayor Mayor Protem, I just want to make sure I was giving you the right answer.

695
01:03:01,740 --> 01:03:02,880
Right now there is one.

696
01:03:03,180 --> 01:03:05,720
There could be additional in the future, but right now there is just one.

697
01:03:05,720 --> 01:03:15,900
And I would imagine considering the total number of residential homes being built in this area either end up being more than one.

698
01:03:16,160 --> 01:03:20,400
Mayor, there could be. We don't know. There is one at this time.

699
01:03:21,000 --> 01:03:29,720
Let's see. One other question I had as far as these plants right now, both one A and three is a three A.

700
01:03:29,720 --> 01:03:37,280
three. They only have one way in and one way out. I think when the, um, there's kind of

701
01:03:37,280 --> 01:03:43,760
be connections, but even looking at the extended connections, there's still still, so

702
01:03:43,760 --> 01:03:51,080
it only seems to be one way in and one way out. The two units will connect with their

703
01:03:51,080 --> 01:03:57,400
face-toes, unit-toes, behind them. So the next set of plots that you see will have the street

704
01:03:57,400 --> 01:04:00,580
connectivity that we'll connect one A and three A together.

705
01:04:01,180 --> 01:04:04,860
I mean, I was looking at the larger map and I don't see a secondary

706
01:04:06,000 --> 01:04:10,340
access or an accident route.

707
01:04:10,480 --> 01:04:15,860
Are you referring to an access other than on to Jenna Lane, there will be two connections

708
01:04:15,860 --> 01:04:17,280
to Jenna Lane.

709
01:04:18,280 --> 01:04:18,740
Is that?

710
01:04:18,880 --> 01:04:21,860
Well, no, three A don't seem to be connected.

711
01:04:22,440 --> 01:04:26,320
They aren't with this phase of the plants, the next phase of plants will connect them

712
01:04:26,320 --> 01:04:33,900
a street that would give him a secondary exit or it would allow one A to exit through three A or vice versa without

713
01:04:33,900 --> 01:04:39,140
Should their connection to genalain be blocked so what happens if the

714
01:04:39,740 --> 01:04:43,460
expansion of these areas doesn't occur and

715
01:04:43,460 --> 01:04:48,160
You have people residing in here with only one way in one way out

716
01:04:48,160 --> 01:04:54,060
So we have what are called financial assurances for work that's done on the property grading for instance

717
01:04:54,060 --> 01:05:01,980
will probably occur across the entire site rather than one final plat unit at a time, and

718
01:05:01,980 --> 01:05:06,080
that additional would allow us to create a temporary connectivity if we need to.

719
01:05:07,320 --> 01:05:14,060
The shouldn't a builder's be required to put in the roads so that there is a secondary exit

720
01:05:14,060 --> 01:05:18,020
before they actually develop the individual lots.

721
01:05:18,700 --> 01:05:25,260
Generally, that doesn't happen as part of the process because we have a fire before they go in.

722
01:05:26,160 --> 01:05:28,360
We're just putting all those people at risk.

723
01:05:29,180 --> 01:05:36,040
Only if there are one way in and out is blocked, which seems unlikely to happen in most cases.

724
01:05:38,460 --> 01:05:46,980
I think that's a concern I have, is that even though future connectivity and extra egress is planned,

725
01:05:48,020 --> 01:05:54,820
sometimes I mean let's remember what happened during the real estate meltdown in

726
01:05:54,820 --> 01:05:59,420
no seven those properties in good year and other places were just they walked

727
01:05:59,420 --> 01:06:07,420
away from they never finished them until you know a decade later so in the

728
01:06:07,420 --> 01:06:16,960
meantime the people had bought there were and they were in high risk areas and I

729
01:06:16,960 --> 01:06:19,380
These developed areas also have protection.

730
01:06:21,680 --> 01:06:23,260
I can understand the, did you?

731
01:06:25,810 --> 01:06:28,730
Hi, Chelsea Walton interim community development directors.

732
01:06:29,450 --> 01:06:35,530
So to your question, Mayor, there is a temporary ingress egress for fire access

733
01:06:35,530 --> 01:06:38,030
provided during the construction activities.

734
01:06:38,510 --> 01:06:42,890
I believe it's on the farthest west side of the development.

735
01:06:43,110 --> 01:06:47,510
So not on the general lane side of it, but on the west side.

736
01:06:47,510 --> 01:06:48,950
So there will be connectivity.

737
01:06:49,630 --> 01:06:53,570
It will be temporary until the other final plats come in.

738
01:06:53,990 --> 01:06:57,130
But that will provide that level of protection,

739
01:06:57,350 --> 01:06:59,390
should something happen with those other phases,

740
01:06:59,930 --> 01:07:03,770
and then until such time those are approved and constructed.

741
01:07:05,170 --> 01:07:06,390
All right, that's a good answer.

742
01:07:06,990 --> 01:07:07,530
Thank you, sir.

743
01:07:07,650 --> 01:07:09,430
I know we did that for a story

744
01:07:09,430 --> 01:07:11,570
and a couple of the other developments.

745
01:07:11,730 --> 01:07:14,570
So there was a temporary egress.

746
01:07:15,590 --> 01:07:16,510
All right, thank you.

747
01:07:16,710 --> 01:07:18,570
That's all the questions I have.

748
01:07:19,490 --> 01:07:22,300
I have a question.

749
01:07:22,320 --> 01:07:23,140
I have a question.

750
01:07:23,140 --> 01:07:24,520
Kathy Rucing is up again.

751
01:07:24,840 --> 01:07:26,000
Councilmember Rucing.

752
01:07:26,200 --> 01:07:26,420
Okay.

753
01:07:27,320 --> 01:07:27,800
Thank you.

754
01:07:27,920 --> 01:07:29,980
I'd like to ask.

755
01:07:30,000 --> 01:07:39,520
Gar, city attorney to get with the attorney from gamage and the builders represented there to get everything

756
01:07:39,520 --> 01:07:47,680
she said today in writing and signed because we've been here for many times where we get a sales pitch

757
01:07:47,680 --> 01:07:53,960
and people are very happy to tell us what we want to hear, but then we never get it in writing

758
01:07:53,960 --> 01:08:02,220
and we don't have a leg to stand on number two, we need to have a city ordinance.

759
01:08:02,260 --> 01:08:10,340
We don't have a city ordinance requiring two city dedicated streets in and out of a subdivision.

760
01:08:11,100 --> 01:08:17,380
So until we get that ordinance passed, we're going to just continue to see these plots

761
01:08:17,380 --> 01:08:22,100
where one subdivision is daisy-chained upon another,

762
01:08:22,440 --> 01:08:25,540
which is exactly what we have in the high risk area,

763
01:08:26,160 --> 01:08:28,880
off of a copper basin road.

764
01:08:30,060 --> 01:08:35,380
So I'd like to see two city-dedicated streets accessing

765
01:08:35,380 --> 01:08:37,180
all future plants.

766
01:08:37,660 --> 01:08:39,140
It's all in the name of public safety.

767
01:08:39,440 --> 01:08:41,600
We had that Indian fire with cathedral,

768
01:08:43,080 --> 01:08:46,680
pines, fire trucks were trying to get out,

769
01:08:46,680 --> 01:08:52,480
hundreds of people were trying to exit all on that same road so it's time that we start

770
01:08:52,480 --> 01:08:57,500
doing our business and taking care of the public and not leaving public safety in the

771
01:08:57,500 --> 01:09:03,540
hands of the developers whose only care is the bottom line thank you

772
01:09:10,580 --> 01:09:13,640
city attorney I've

773
01:09:13,640 --> 01:09:19,860
got no it's all look for that agreement council and tanny thank you mayor seems like each time

774
01:09:19,860 --> 01:09:24,580
we're asked to to look at a final part to see if it's in substantial conformity with an initial

775
01:09:24,580 --> 01:09:31,640
the same good conversation comes up so I really would echo what's been said in terms of making

776
01:09:31,640 --> 01:09:39,200
sure that we've got ordinances that it's sure public safety. As it is, help me out,

777
01:09:39,300 --> 01:09:48,360
Mr. Ward, I'm uncomfortable being the arbiter of whether there's sufficient ingress and egress for emergency purposes,

778
01:09:48,560 --> 01:09:54,020
but I know we have experts who do that. Does the Fire Department look at these plats before they come to us and do they sign up on them?

779
01:09:54,020 --> 01:09:57,480
Every department looks at and improves prior to us bringing it full.

780
01:09:57,780 --> 01:10:02,360
So, once it comes to me, I can be certain that people who do this for a living,

781
01:10:02,740 --> 01:10:05,600
that look at emergency preparedness and emergency and dress and egress for a living,

782
01:10:05,720 --> 01:10:06,760
have looked at and signed off.

783
01:10:06,860 --> 01:10:08,880
And I don't need to discuss that up here.

784
01:10:08,980 --> 01:10:10,220
Is that what I'm hearing you say?

785
01:10:10,740 --> 01:10:11,540
The dispersal reality.

786
01:10:11,700 --> 01:10:15,500
If I just want to, that's fine, but that's not, that's a level that's

787
01:10:15,500 --> 01:10:18,600
already been taken care of by others who who do that for a living.

788
01:10:18,660 --> 01:10:18,900
Yes.

789
01:10:19,100 --> 01:10:21,660
All of your departments thoroughly review preliminary

790
01:10:21,660 --> 01:10:26,000
class before they come to you and final class before they come to you, and they have to sign

791
01:10:26,000 --> 01:10:31,000
off before we bring them forward. I appreciate the clarification. That said, I would be in favor

792
01:10:31,000 --> 01:10:34,560
of what the Councilman Russies brought up, Councilwoman Russies brought up on what the marriage

793
01:10:34,560 --> 01:10:38,600
brought up that we had to look at. Is it sufficient? Is it what the Department is telling us this

794
01:10:38,600 --> 01:10:43,200
sufficient? Is it really sufficient? And if they say, yeah, it is. Here's why great. If they say,

795
01:10:43,340 --> 01:10:48,040
actually, you know, we never thought of it that way. Thanks for stepping in Clark and fixing it for us.

796
01:10:48,040 --> 01:10:51,560
And in that case, I'm happy to look at it in a different way.

797
01:10:52,160 --> 01:10:54,520
Council, and then can tell me.

798
01:10:55,200 --> 01:10:58,160
George, this might just be, this is a technical question.

799
01:10:59,040 --> 01:11:02,540
In some cases, when we attach stipulations to approvals,

800
01:11:04,180 --> 01:11:08,000
when you agree to that, it actually says that we are approving

801
01:11:08,000 --> 01:11:11,000
this preliminary plot with the attached stipulations.

802
01:11:11,400 --> 01:11:14,360
In this case, do we need to do that with the airport stuff?

803
01:11:15,000 --> 01:11:23,300
In this particular case, the airport approved subject to some of the information you've already heard from the developer and from our city attorney.

804
01:11:23,380 --> 01:11:30,500
I don't believe that's a stipulated approval. I think that's something that was worked out separately. You do have an item coming up on your agenda later

805
01:11:30,500 --> 01:11:39,480
where there was some stipulated agreement between the developer and the airport at the Planning Commission and we will discuss those specifically in that presentation.

806
01:11:39,480 --> 01:11:45,760
And so they will be named in the approval that we approve it with those stipulations.

807
01:11:47,320 --> 01:11:52,680
Not for these items, you are determining substantial conformance to the preliminary plan.

808
01:11:53,360 --> 01:12:01,520
But didn't they become get into substantial conforming status with those attached stipulations?

809
01:12:02,020 --> 01:12:02,860
No.

810
01:12:02,860 --> 01:12:07,660
It was very important because it's part of the contract.

811
01:12:07,820 --> 01:12:09,860
It couldn't come forward here without compliance.

812
01:12:10,220 --> 01:12:13,020
And it's kind of above the final plot process.

813
01:12:13,500 --> 01:12:15,400
And somewhat bigger than the final plot process.

814
01:12:15,940 --> 01:12:17,400
So the final plot would be an approval.

815
01:12:18,320 --> 01:12:22,560
But direction from council to not go forward with FSA building permits

816
01:12:22,560 --> 01:12:26,780
until as long as we make sure that disclosures are accurate,

817
01:12:27,360 --> 01:12:29,540
that someone from community development go check on those.

818
01:12:29,540 --> 01:12:36,020
That type of direction I think is appropriate along with the approval of the plant, but it wouldn't be a stipulation or a condition on the plant.

819
01:12:36,500 --> 01:12:37,460
Okay, thank you.

820
01:12:40,310 --> 01:12:45,790
Okay, I think we're ready to move forward with the motion on these two items.

821
01:12:47,470 --> 01:12:52,030
Mayor, I move that we approve FNP22-003.

822
01:12:54,950 --> 01:12:56,670
Motion is second, please vote.

823
01:13:06,650 --> 01:13:07,850
Pass the 6-1.

824
01:13:15,820 --> 01:13:18,780
I'll entertain a motion on the other item.

825
01:13:19,880 --> 01:13:24,720
The item that we approve of MP23-001.

826
01:13:28,120 --> 01:13:28,380
Second.

827
01:13:28,380 --> 01:13:30,040
Second, please vote.

828
01:13:42,220 --> 01:13:43,740
Pass the six one.

829
01:13:47,960 --> 01:13:50,100
All right, that was exciting, wasn't it?

830
01:13:50,460 --> 01:13:53,960
Okay, now we'll move on to the regular agenda item 10A.

831
01:13:54,860 --> 01:13:55,640
Thank you, Mayor.

832
01:13:56,020 --> 01:13:58,200
The item is for the adoption of multiple ordinances.

833
01:13:58,420 --> 01:14:00,620
I'm ending Preskit City Code as follows.

834
01:14:00,620 --> 01:14:07,600
Number one, ordinance number 2023-1842, and ordinance of the mayor and council of the city of

835
01:14:07,600 --> 01:14:08,160
Prescott.

836
01:14:08,460 --> 01:14:09,460
Yavapai County, Arizona.

837
01:14:09,860 --> 01:14:16,980
Amending Prescott City Code Title V, Chapter 5-1, Section 5-1-3, amending the defenses and

838
01:14:16,980 --> 01:14:20,080
exceptions regarding to curfew for minors.

839
01:14:20,840 --> 01:14:28,260
Adoption of ordinance number 2023-1844, and ordinance of the mayor and council of the city

840
01:14:28,260 --> 01:14:30,060
of Prescott Yavapai County, Arizona.

841
01:14:30,260 --> 01:14:32,440
I'm ending Prescott City Code Title V,

842
01:14:32,500 --> 01:14:35,500
chapter 5-9, amending the outdoor camping ordinance,

843
01:14:35,980 --> 01:14:39,640
adoption of ordinance number 2023-1845,

844
01:14:40,180 --> 01:14:41,580
an ordinance of the mayor and council

845
01:14:41,580 --> 01:14:43,840
of the city of Prescott Yavapai County, Arizona.

846
01:14:44,040 --> 01:14:46,860
I'm ending the Prescott City Code Title V, chapter 5-10.

847
01:14:47,280 --> 01:14:50,920
Section 5-10-2, amending the aggressive solicitation,

848
01:14:51,080 --> 01:14:53,480
prohibited acts, and request for feedback

849
01:14:53,480 --> 01:14:56,540
on ordinance number 2023-1843,

850
01:14:56,540 --> 01:14:59,940
I'm ending city code chapter 5-7 sexually.

851
01:15:00,000 --> 01:15:03,320
The oriented business says, please don't ever give me a title that long again, Joe.

852
01:15:11,760 --> 01:15:14,980
That was very well done, City Clerk. I appreciate that.

853
01:15:19,040 --> 01:15:23,400
All right. Thank you, Mayor and council. We

854
01:15:23,400 --> 01:15:29,360
have before you four ordinances today that have been before you previously in study sessions. Three

855
01:15:29,360 --> 01:15:36,340
of these ordinances are on for approval for a final approval. And the fourth ordinance is on for a vote by council

856
01:15:36,340 --> 01:15:41,160
on the version of the ordinance that will go forward to put the public. Meaning we have to go

857
01:15:41,160 --> 01:15:44,420
through a public notice process and eventually come back

858
01:15:44,420 --> 01:15:45,280
for a public hearing.

859
01:15:45,580 --> 01:15:48,260
So that's this actually oriented business license.

860
01:15:49,000 --> 01:15:53,180
So we'll go over first 5.1,

861
01:15:53,360 --> 01:15:54,440
curfew for minors.

862
01:15:54,800 --> 01:15:58,160
This was a fairly no pun intended, minor change.

863
01:15:59,900 --> 01:16:04,360
But this is Section 5-1 of our city code.

864
01:16:04,620 --> 01:16:08,360
And specifically 5-1-3, we made an update

865
01:16:08,360 --> 01:16:10,900
that simply adds an exception to the curfew ordinance

866
01:16:10,900 --> 01:16:15,380
for those attending or commuting from an official school or religious or other civic activity.

867
01:16:16,040 --> 01:16:22,080
This has not changed from the version presented at study session other than to address any

868
01:16:22,080 --> 01:16:24,600
typos and to add a severance clause.

869
01:16:24,860 --> 01:16:26,180
Other than that, it's unchanged.

870
01:16:27,680 --> 01:16:30,380
And Mayor, I don't know if we want to go through each of the ordinances before receiving

871
01:16:30,380 --> 01:16:34,300
public feedback in bulk or whether to address them individually.

872
01:16:34,300 --> 01:16:45,120
But this is the only change for this my curfew for minor and the recommendation is we move to approve deny or approve with modifications.

873
01:16:46,420 --> 01:16:52,300
Well, it would be my recommendation that we move through each one of these individually and

874
01:16:55,340 --> 01:17:01,420
I think that will move this issue along a little a little more effectively.

875
01:17:08,530 --> 01:17:11,710
So we'll start with the curfew for minors.

876
01:17:14,670 --> 01:17:18,750
You want to describe the differences that we currently have.

877
01:17:20,110 --> 01:17:22,450
I think you alluded to them.

878
01:17:22,450 --> 01:17:25,670
But let's look at them in detail for the benefit of the public.

879
01:17:26,750 --> 01:17:50,310
Yes, so the curfew for minors, excuse me, I'm pulling up the actual ordinance, but it was just that change that there are several exceptions and the curfew is set for those under 16, there is one curfew and for those under 18, there's another curfew and it's midnight, but there was no exception for those traveling to school events for one, which was kind of the primary impetus.

880
01:17:50,310 --> 01:17:55,550
people are the kids at the school will travel for sporting events, for example, or other

881
01:17:55,550 --> 01:18:02,910
events to cities across the state, including as far as Kingman or the east side of the

882
01:18:02,910 --> 01:18:07,270
state to son, and they get back late, they were technically in violation of curfew.

883
01:18:08,130 --> 01:18:13,870
So the idea of having a lot of these kids who were involved in school or civic events that

884
01:18:13,870 --> 01:18:18,110
were important and having them in violation of an ordinance technically committing a misdemeanors

885
01:18:18,110 --> 01:18:20,450
with something we wanted just to update and fix.

886
01:18:21,130 --> 01:18:22,970
So we added and I'll read the language.

887
01:18:23,990 --> 01:18:26,730
This is the exception to the curfew ordinance.

888
01:18:27,010 --> 01:18:29,190
With prior permission of the miners parent or guardian,

889
01:18:30,850 --> 01:18:34,530
the miners exempt, if they were engaged in reasonable legitimate

890
01:18:34,530 --> 01:18:36,110
and specific business activity,

891
01:18:36,750 --> 01:18:38,710
examples include, but are not limited to a minor

892
01:18:38,710 --> 01:18:40,630
permission from the miners parent or guardian

893
01:18:40,630 --> 01:18:42,570
attending an official school, religious,

894
01:18:42,750 --> 01:18:45,870
or other recreational activity, supervised by adults,

895
01:18:45,870 --> 01:18:50,930
and sponsored by the city, a school, a civic organization, or other similar entity, and takes

896
01:18:50,930 --> 01:18:56,130
responsibility for the minor or going to or returning home from an official school, religious or

897
01:18:56,130 --> 01:19:00,830
other recreation activities, supervised by adults and sponsored by the city, a school, a civic organization,

898
01:19:01,350 --> 01:19:03,730
or similar entity that takes responsibility for the minor.

899
01:19:05,190 --> 01:19:10,030
So, again, the recommendations are either to approve or deny or approve modifications,

900
01:19:10,030 --> 01:19:16,110
But that I think is consistent with what the city is trying to do with the ordinance.

901
01:19:18,580 --> 01:19:28,440
Well, I think this is a very reasonable modification of our curfew and we looked at this during our previous study sessions.

902
01:19:30,660 --> 01:19:32,640
Do we have any comments for concerns?

903
01:19:34,480 --> 01:19:40,420
Well, then I'll entertain a motion on this particular ordinance.

904
01:19:41,260 --> 01:19:45,420
May or I move to approve ordinance number 2023-1842.

905
01:19:46,760 --> 01:19:47,380
The second.

906
01:19:47,940 --> 01:19:50,180
Have a motion as second, please vote.

907
01:19:59,450 --> 01:20:02,250
I notice our vote here includes all of them.

908
01:20:02,730 --> 01:20:04,250
It's not all doing individual vote.

909
01:20:05,310 --> 01:20:07,830
That's just the way that the item is showing up.

910
01:20:07,930 --> 01:20:10,210
As I initiate each vote, it'll do it.

911
01:20:10,530 --> 01:20:14,250
So this is just for 2023-1842.

912
01:20:16,990 --> 01:20:18,270
And may or I've got yours in.

913
01:20:18,270 --> 01:20:20,690
So now that's all of you, and it passes 7-0.

914
01:20:24,200 --> 01:20:26,820
Move on to the next ordinance, outdoor camping.

915
01:20:28,560 --> 01:20:29,060
Thank you, Mayor.

916
01:20:30,220 --> 01:20:31,760
So as it relates to outdoor camping,

917
01:20:31,880 --> 01:20:34,240
we spent quite a bit of time in two separate study sessions

918
01:20:34,240 --> 01:20:35,960
talking about this.

919
01:20:36,360 --> 01:20:39,560
The goal was to expand the definition of camping

920
01:20:39,560 --> 01:20:42,120
and place enforceable time, place, and manner restrictions

921
01:20:42,120 --> 01:20:43,020
on camping.

922
01:20:44,140 --> 01:20:46,580
We currently have a ordinance that prohibits all camping

923
01:20:46,580 --> 01:20:49,000
in the city limits no matter what.

924
01:20:49,000 --> 01:20:52,340
And that type of blanket prohibition on camping

925
01:20:52,340 --> 01:20:55,720
was struck down in the night circuit in a series of cases.

926
01:20:55,720 --> 01:20:58,960
So we wanted enforceable restrictions on camping

927
01:20:58,960 --> 01:21:01,320
that would direct our law enforcement on how

928
01:21:01,320 --> 01:21:05,560
they can handle such cases and provide for a safer city.

929
01:21:06,340 --> 01:21:09,980
So the primary, as I mentioned, goal in part

930
01:21:09,980 --> 01:21:12,960
was to limit the congregation or gathering

931
01:21:13,720 --> 01:21:17,260
that can present dangers to both individuals who

932
01:21:17,260 --> 01:21:22,600
or either homeless or camping and present a difficult situation for law enforcement.

933
01:21:22,960 --> 01:21:28,980
So dealing with that, we addressed it through, excuse me, time manner and place restrictions.

934
01:21:29,140 --> 01:21:30,180
And these are the time restrictions.

935
01:21:30,180 --> 01:21:36,660
This is directly from the ordinance itself, and it prohibits camping during daytime hours.

936
01:21:37,360 --> 01:21:41,660
So that is the laying out of sleeping equipment and so forth.

937
01:21:41,660 --> 01:21:47,460
and between the hours of 8 a.m. and 8 p.m. outdoor camping is prohibited.

938
01:21:48,340 --> 01:21:55,400
In terms of place restrictions, it limits the locations where one may camp within the city

939
01:21:55,400 --> 01:21:58,200
on public, and this is only related to public property, by the way.

940
01:21:59,000 --> 01:22:06,080
So it prohibits camping at any time in the downtown entertainment district where most of the problems

941
01:22:06,080 --> 01:22:11,680
that law enforcement has dealt with has happened, so it is an important area to address first.

942
01:22:12,120 --> 01:22:16,360
It also prohibits camping at any time on sidewalks, trails, rides of white streets, alleys,

943
01:22:16,480 --> 01:22:19,900
thoroughfares, or any other area of pedestrian or vehicular traffic.

944
01:22:19,980 --> 01:22:25,120
This is safety related within 500 feet of a preschool kindergarten elementary or secondary

945
01:22:25,120 --> 01:22:29,700
school or a child care center, areas posted no trespassing by the city.

946
01:22:30,020 --> 01:22:42,020
And then a prohibition on camping within 500 feet of any other person who's camping unless those persons are members of the same family, or it's in part of a designated camping area.

947
01:22:43,800 --> 01:22:43,840
So,

948
01:22:46,130 --> 01:22:51,410
sorry, I've went backwards each time I've done this. And then we have the manner restrictions.

949
01:22:51,410 --> 01:23:11,350
So, this prohibits camping in a certain way, which includes any obstruction of access to private property, or businesses adjacent to a public right of way, or maintaining a fire or using a gas heater, and primarily dealing with safety and other concerns.

950
01:23:12,190 --> 01:23:20,310
Again, additional manner restrictions here continued, erecting or installing some sort of semi-permanent

951
01:23:20,310 --> 01:23:27,110
or permanent structure, which you see essentially in what was brought up here as tent city,

952
01:23:27,530 --> 01:23:35,010
but these types of serious permanent or semi-permanent structures are prohibited, excavating or digging soil

953
01:23:35,010 --> 01:23:41,010
to alter the ground or infrastructure, placing our storing belongings in an area that's wider

954
01:23:41,010 --> 01:23:46,490
or greater than 10 square feet, and accumulating discarding or leaving behind garbage debris

955
01:23:46,490 --> 01:23:50,630
on sanitary hazardous materials, sewage, drug paraphernalia, or syringes in the public rights

956
01:23:50,630 --> 01:23:54,570
of way on public property, or on any adjacent public or private property.

957
01:23:58,140 --> 01:23:58,800
And then finally,

958
01:23:59,260 --> 01:24:04,620
based on direction of council as we came last time I've also left in the camping on private

959
01:24:04,620 --> 01:24:12,460
property which simply limits the ability to camp on private property and often is taking

960
01:24:12,460 --> 01:24:17,060
care of in zoning ordinances. We don't have this covered in our zoning ordinance but it

961
01:24:17,060 --> 01:24:22,380
allows for someone to camp on their own public property but only for a maximum length of 14 days

962
01:24:23,280 --> 01:24:28,120
and subject to the conditions that are listed here in. I have included there in parentheses

963
01:24:29,080 --> 01:24:34,200
a recommendation from Council to include if posted no trespassing that's currently not in the

964
01:24:34,200 --> 01:24:40,560
but if we wish, if Council wishes to amend the ordinance and approve it with that modification,

965
01:24:41,420 --> 01:24:46,960
I've put that there that would prohibit camping on private property only if it's posted

966
01:24:46,960 --> 01:24:47,800
no trespassing.

967
01:24:50,140 --> 01:24:54,360
So, continued on camping on private property, no property on our lawful tenant

968
01:24:54,360 --> 01:25:00,860
may charge rental or other fees to a person who's camping on private property, camping on private property

969
01:25:00,860 --> 01:25:06,180
within the entertainment districts prohibited unless it's not visible from adjacent road or

970
01:25:06,180 --> 01:25:09,900
public right of way, camping on private property must meet the same setbacks applicable

971
01:25:09,900 --> 01:25:17,320
to primary residents, and the same requirement to be free of unsanitary conditions, including

972
01:25:17,320 --> 01:25:21,220
garbage debris, drug paraphernalious syringes, is included.

973
01:25:22,340 --> 01:25:26,800
Now I, also here you'll see that the camping and a recreational vehicle is governed in

974
01:25:26,800 --> 01:25:29,340
accordance with the press kit land development code, that's a code that's already

975
01:25:29,340 --> 01:25:35,880
effect and prohibits camping in a recreational vehicle on private properties.

976
01:25:36,060 --> 01:25:38,600
So that's dealt with already in the land development code.

977
01:25:41,290 --> 01:25:48,170
So other items in this version includes a provision for the disposal of seize property.

978
01:25:48,250 --> 01:25:54,010
It shall be kept for 14 days and we've gone through with both our rec services and police

979
01:25:54,010 --> 01:25:54,390
department.

980
01:25:54,610 --> 01:26:00,050
They have a method to be able to store these materials for 14 days.

981
01:26:00,050 --> 01:26:07,010
So anyone cited or arrested can have access to their property and we've added a severance clause.

982
01:26:07,290 --> 01:26:11,790
That's the only major change since our last study session is the addition of a severance clause.

983
01:26:12,810 --> 01:26:17,670
And again, up to Council to approve deny or approve with modifications.

984
01:26:18,970 --> 01:26:21,890
Can you describe the severance clause and its necessity?

985
01:26:23,350 --> 01:26:30,090
Yeah, severance clause, we try to include in all ordinances that we adopt, and any ordinance

986
01:26:30,090 --> 01:26:33,470
within the last five to ten years will have it, but these older ordinance didn't have

987
01:26:33,470 --> 01:26:34,090
a severance clause.

988
01:26:34,130 --> 01:26:39,730
It essentially says that if any one aspect of the ordinance is ruled illegal, that the rest

989
01:26:39,730 --> 01:26:41,070
of it remains in effect

990
01:26:44,880 --> 01:26:46,340
counts one more.

991
01:26:48,140 --> 01:26:48,880
Thank you, Mayor.

992
01:26:48,880 --> 01:26:59,460
I have a few questions, under Section 5-9-1 definitions, pardon me, I turn the page.

993
01:27:02,240 --> 01:27:09,260
Under the second paragraph, under items 1 through 5, it says public property means any public school,

994
01:27:09,320 --> 01:27:11,080
park playground, splash pad, et cetera.

995
01:27:11,740 --> 01:27:15,140
And this says, or property open for public use within the city of Prescott.

996
01:27:15,720 --> 01:27:19,900
Does that include open space, I was wondering if we could use the word open space?

997
01:27:19,900 --> 01:27:25,760
Because the city has acquired areas such as where the Centennial Trail is.

998
01:27:26,160 --> 01:27:30,400
I consider that open space, but would people be allowed to park or camp there?

999
01:27:30,780 --> 01:27:31,940
That's one of my two questions.

1000
01:27:33,640 --> 01:27:38,240
It would include open space, but including that in the definition itself, as the address

1001
01:27:38,240 --> 01:27:40,380
of modification is something we can do as well.

1002
01:27:41,180 --> 01:27:44,540
I just think that might be a good idea to add that.

1003
01:27:44,540 --> 01:28:00,280
It could be good for the city as a network of just open spaces scattered throughout the city boundaries and a lot of them aren't frequented very often and are subject to camping just based on their location

1004
01:28:00,280 --> 01:28:08,560
So I just thought to include the word open space and thank you Councilman if it's there's a motion to approve I would

1005
01:28:09,600 --> 01:28:14,660
request that it that this be part of it that it be approved with a modification to include the

1006
01:28:14,660 --> 01:28:15,360
open space.

1007
01:28:15,780 --> 01:28:21,400
My second question has to do with this statement under section C, manner regulations.

1008
01:28:22,880 --> 01:28:27,300
It says nothing in this article, she'll be construed to criminalize homelessness, target

1009
01:28:27,300 --> 01:28:32,780
the homeless community, or otherwise criminalize, and individuals status rather than an

1010
01:28:32,780 --> 01:28:41,300
individuals conduct. I appreciate that wording in the ordinance, but I think it also raises the

1011
01:28:41,300 --> 01:28:51,020
question that if we're making camping difficult through this ordinance, we should also provide

1012
01:28:51,020 --> 01:28:58,940
a solution. There should be in this ordinance a time or place where camping is allowed. Like

1013
01:28:58,940 --> 01:29:00,500
have a lot of open space.

1014
01:29:02,650 --> 01:29:07,930
I wasn't expecting that at all, but we should have a solution.

1015
01:29:08,430 --> 01:29:15,630
We're coming up with all the short knots, but we know that homelessness is an issue in our

1016
01:29:15,630 --> 01:29:23,210
community and what are we doing as a city to remedy that for people who truly can't find a place

1017
01:29:23,210 --> 01:29:29,730
to stay at night or don't have a vehicle to stay in. I think we should designate a space that is

1018
01:29:29,730 --> 01:29:35,650
by the city. This is, you can stay here tonight. This is a safe place where you are allowed to stay.

1019
01:29:36,190 --> 01:29:42,210
So that we don't have this proliferation of camping all around the city. We have one space.

1020
01:29:42,650 --> 01:29:47,450
This is the designated camping space. If you have no place to go, you can go here and be safe.

1021
01:29:52,610 --> 01:29:59,970
All right. I'm going to ask for decorum in this meeting area. We're going to be discussing a number of issues.

1022
01:30:00,000 --> 01:30:09,060
As we proceed with these ordinances that are going to be somewhat controversial, there will be people that support them. They'll be people that oppose them.

1023
01:30:09,940 --> 01:30:27,300
But we'll have the quorum here and we're going to I'm going to ask you not to applaud or boo or anything else. We're going to be able to discuss these issues in a reasonable way so that we can come to a conclusion. Thank you.

1024
01:30:28,930 --> 01:30:34,710
And so to address that, I think that if Council wants to designate a certain place, that's fine.

1025
01:30:34,850 --> 01:30:37,710
This is ultimately, this is Council's ordinance and not mine.

1026
01:30:39,150 --> 01:30:43,170
So whatever that may be, I will say that we explored it as we are drafting an ordinance.

1027
01:30:43,950 --> 01:30:49,310
And it's clearly something that is allowed under the case of the president, since my case was hit case law.

1028
01:30:49,850 --> 01:30:55,510
So as an example in Hawaii, there was a case that went up where they would have designated camping areas,

1029
01:30:55,510 --> 01:30:58,770
and then they would switch those now and then so people would have a camping area that they

1030
01:30:58,770 --> 01:31:01,810
felt was they were comfortable with and then that would be closed and they'd have to move

1031
01:31:01,810 --> 01:31:06,110
to another camping area and they brought forth the lawsuit and that was found to be a reasonable

1032
01:31:06,110 --> 01:31:12,760
restriction setting a specific area so it's allowed it's lawful but as we looked at doing so

1033
01:31:13,650 --> 01:31:20,130
the idea of designated certain area was kind of looked down upon or looked unfavorably by any

1034
01:31:20,130 --> 01:31:25,010
of the possible neighbors so we didn't include it and I think that finding an area to

1035
01:31:25,010 --> 01:31:31,290
designate is the difficult part, but to the extent council wants to make that motion, that's

1036
01:31:31,730 --> 01:31:36,310
ultimately this is a council ordinance. Mayor Proteem.

1037
01:31:36,630 --> 01:31:45,030
Thank you, Mayor. Joe, my concerns deal with camping and private property. I'm curious if

1038
01:31:45,030 --> 01:31:52,170
someone were to buy vacant parcel of land, and decide that they were going to oversee the

1039
01:31:52,170 --> 01:31:59,410
building of structure on that big piece of land and they were to park an RV or something like that on that land while they were doing that.

1040
01:31:59,510 --> 01:32:05,530
If I'm understanding this correctly, right now it says they can't do that for more than 14 days at a time. Is that correct?

1041
01:32:06,690 --> 01:32:18,670
That's correct, under the way it's drafted. Now I will say that placing an RV as I mentioned is covered on the delanded development code and it's prohibited except in the event that some sort of catastrophe happens destroys a house and then

1042
01:32:18,670 --> 01:32:21,910
And I understand that, I think the land development code is wrong.

1043
01:32:21,970 --> 01:32:23,670
I think this ordinance is wrong in that capacity.

1044
01:32:24,070 --> 01:32:28,690
Because it seems like my position is that we as legislators up here,

1045
01:32:28,730 --> 01:32:32,250
it's not our business to regulate what people do with their private property.

1046
01:32:32,610 --> 01:32:35,630
And Arizona has a pretty stored history of not interfering with private property rights.

1047
01:32:36,330 --> 01:32:40,770
And so if that is, if this is the world that the rest of council wants to keep this component in it,

1048
01:32:41,030 --> 01:32:41,930
I'm a, I'm a, I'm a, I'm a no on this.

1049
01:32:47,280 --> 01:32:49,220
Thank you, Mayor.

1050
01:32:50,480 --> 01:32:53,240
What Councilwoman Moore said resonated with me a bunch.

1051
01:32:54,420 --> 01:32:58,180
And I really appreciate that we're not looking to criminalize status.

1052
01:32:58,640 --> 01:33:01,600
We know that's clearly illegal and wrong.

1053
01:33:03,100 --> 01:33:08,580
But we're looking to prohibit certain behaviors with the behaviors that we're prohibiting here,

1054
01:33:08,720 --> 01:33:09,660
time-place and manner.

1055
01:33:10,540 --> 01:33:16,620
Again, Councilman Morris concerned that we allow for this under certain circumstances.

1056
01:33:17,560 --> 01:33:21,380
It seems to me that by definition it's written in that there are certain circumstances

1057
01:33:21,380 --> 01:33:23,880
that people could camp in the city of Prescott.

1058
01:33:24,140 --> 01:33:28,940
Can you give us a couple of scenarios one or two scenarios under which it would be legal?

1059
01:33:29,000 --> 01:33:33,880
Because I agree, I do have some concerns about concentrating in that one place either temporarily

1060
01:33:33,880 --> 01:33:39,000
or permanently for the reasons that you brought up, but people could do that in a dispersed manner

1061
01:33:39,000 --> 01:33:43,420
under what circumstance, as long as there are 500 feet away from people who aren't related to them,

1062
01:33:43,540 --> 01:33:45,720
they could be where at what times a day and do what things.

1063
01:33:47,020 --> 01:33:51,200
So there are areas, and open space was brought up in primarily, that's one of them.

1064
01:33:51,380 --> 01:33:53,740
It would open space in some different park areas.

1065
01:33:54,680 --> 01:33:59,760
The answer is when can it be done between eight in the evening and eight in the morning,

1066
01:34:00,520 --> 01:34:05,040
not on a public right away within 500 feet of another person in the downtown entertainment district?

1067
01:34:06,300 --> 01:34:11,640
So, most parts of Prescott in the evening time when people are typically sleeping, as long

1068
01:34:11,640 --> 01:34:17,500
as they're not in public rights away, it would be legal for a person to, to camp, to act

1069
01:34:17,500 --> 01:34:21,060
as homeless people need to act, they need to live and be someplace that totally agree

1070
01:34:21,060 --> 01:34:21,440
with that.

1071
01:34:21,580 --> 01:34:26,760
So, again, without, it sounds to me, though, and help me out of my wrong, that we're not criminalizing

1072
01:34:26,760 --> 01:34:39,380
But we are prohibiting behavior in ways that are generally accepted to be the most impactful on the communities as a whole.

1073
01:34:39,680 --> 01:34:40,980
Is that fair characterization?

1074
01:34:41,100 --> 01:34:42,360
I think that's a fair characterization.

1075
01:34:43,280 --> 01:34:52,880
And the large part of a lot of the provisions, including the no-camping during day-light hours, is an attempt to limit the tent cities,

1076
01:34:52,880 --> 01:34:59,680
or the congregating or the creation of kind of semi-permanent structures, which presents a lot more

1077
01:34:59,680 --> 01:35:07,420
problems in both for law enforcement and for safety. But we cannot, based on Supreme Court

1078
01:35:07,420 --> 01:35:14,180
and Ninth Circuit President, we cannot just criminalize the act of being homeless. But we can

1079
01:35:14,180 --> 01:35:20,260
set these sorts of restrictions, so it prevents the most degrees or problematic problems from

1080
01:35:20,260 --> 01:35:30,620
So what Councilor Moore said that really resonated with me is we need to have built in the ordinance, what people can do, it sounds like effectively, it is built in what people can do.

1081
01:35:30,820 --> 01:35:31,660
Is that reserved for?

1082
01:35:32,420 --> 01:35:40,480
That is fair that there is still an opportunity to live while being homeless and that shouldn't be criminalized.

1083
01:35:41,520 --> 01:35:47,260
But there are certainly restrictions through the ordinance and restrictions, even on private property,

1084
01:35:47,260 --> 01:35:49,260
some what under the way it's currently drafted.

1085
01:35:52,850 --> 01:35:53,730
Councilmember Rucing.

1086
01:35:56,070 --> 01:35:58,310
Thank you. I would just like to make the comment

1087
01:35:58,310 --> 01:36:00,150
as to Mr. Montoya.

1088
01:36:01,110 --> 01:36:03,510
I agree. I think if someone's building home

1089
01:36:03,510 --> 01:36:06,110
and they want to live in an RV on the site

1090
01:36:06,110 --> 01:36:08,730
for maybe a year, is there any way we could just

1091
01:36:08,730 --> 01:36:12,250
issue a permit allowing that use?

1092
01:36:14,670 --> 01:36:16,790
We do in limited circumstances.

1093
01:36:17,410 --> 01:36:18,550
We could expand that.

1094
01:36:18,550 --> 01:36:20,250
That would be an update to our land development

1095
01:36:20,250 --> 01:36:25,330
And if that's the direction I'm hearing, then that's something I can start working on.

1096
01:36:25,710 --> 01:36:36,770
Okay, because I think our goal here is to be compassionate, but also realize that living on the streets is not a solution.

1097
01:36:37,930 --> 01:36:43,650
And for example, we support our homeless veterans in this community.

1098
01:36:43,650 --> 01:37:00,150
And we just approved a 80 unit apartment complex on the VA for to accommodate homeless veterans so they can be in the VA community and receive care and be in a safe place. Thank you.

1099
01:37:02,610 --> 01:37:04,950
Councilwoman can tell me.

1100
01:37:05,050 --> 01:37:11,850
Thank you, Mayor. You know, I've received a lot of emails from all of you out there and I'm going to respond to all of you as soon as I can.

1101
01:37:11,850 --> 01:37:25,870
But I do want to, one of the reoccurring questions was exactly what I think Eric just spoke about is why can't the city provide an anchor or two for a designated camping area?

1102
01:37:26,090 --> 01:37:27,790
So here's my question to our attorney.

1103
01:37:29,230 --> 01:37:29,970
Number one, who pays?

1104
01:37:30,000 --> 01:37:59,920
For it, we put that on the tax payer. Number two, what is our liability if we were to do that? And number three, how do we deal with the abusers of this? I know that there was a short stint with CCNJ several years ago provided camping in a thrift store parking lot, I believe. And at that time, I was doing the research of how much the tax on the services was. And I don't mean taxes and a tax of tax, how did it tax our services?

1105
01:38:00,000 --> 01:38:04,900
and loosening them up for taxpayers that needed, you know, their care.

1106
01:38:05,600 --> 01:38:09,100
So, how do we deal with the cost number one?

1107
01:38:09,220 --> 01:38:10,180
What is the liability?

1108
01:38:10,740 --> 01:38:14,460
And how do we deal with the abusers of this program if we were to allow that?

1109
01:38:14,460 --> 01:38:15,660
Because there is a cost.

1110
01:38:16,020 --> 01:38:16,980
You've got portapoddies.

1111
01:38:17,020 --> 01:38:17,780
You've got cleanup.

1112
01:38:17,880 --> 01:38:19,220
You've got potential fencing.

1113
01:38:20,240 --> 01:38:23,400
The police and the fire have to service this population a lot.

1114
01:38:23,900 --> 01:38:28,360
So, do we as the taxpayer voluntarily step up to the plate and pay for that?

1115
01:38:28,360 --> 01:38:29,880
I mean, how do we address it?

1116
01:38:32,970 --> 01:38:34,910
It's a bigger problem than I can solve.

1117
01:38:36,970 --> 01:38:42,270
But if the question is, can we design area and allow for camping, the answer is yes.

1118
01:38:42,610 --> 01:38:47,010
Who pays for it, the city, and it obviously would be through taxpayer funding.

1119
01:38:47,950 --> 01:38:51,950
And the question on my ability is, would we be liable potentially?

1120
01:38:52,250 --> 01:38:59,070
I would say that recreational immunity probably applies if we're just making a piece of property

1121
01:38:59,070 --> 01:39:04,210
available for use and allowing camping and probably apply so there's probably some immunity there.

1122
01:39:05,030 --> 01:39:08,650
But we're still subject to reasonableness and so there is potentially liability.

1123
01:39:09,730 --> 01:39:16,410
But to answer your first two questions is the city pays and I think you said who enforces

1124
01:39:16,410 --> 01:39:22,390
it or how do we deal with the users and that would be another ordinance or policy we'd

1125
01:39:22,390 --> 01:39:24,790
have to draft and try to figure out how we work through that.

1126
01:39:26,110 --> 01:39:32,490
There was a case in Oregon where they did something very similar to clean out an area

1127
01:39:32,490 --> 01:39:39,030
and they provided a public place for, and I don't remember how big the situation was,

1128
01:39:39,190 --> 01:39:44,690
but they did fence it and two people were assaulted when was killed and they ended up suing

1129
01:39:44,690 --> 01:39:49,110
the municipality and got a million and a half dollar judgment.

1130
01:39:50,290 --> 01:39:54,030
So, those are the things I think about, it's like, do we do that to the taxpayer?

1131
01:39:54,750 --> 01:39:56,030
I know we want to help them.

1132
01:39:56,030 --> 01:39:57,430
We don't want to criminalize homelessness.

1133
01:39:57,830 --> 01:39:58,330
We really don't.

1134
01:39:58,570 --> 01:39:59,190
I get that.

1135
01:39:59,690 --> 01:40:02,510
But we also have to be realistic about the cost of the taxpayer.

1136
01:40:02,630 --> 01:40:09,890
Do we inadvertently put the city in that kind of jeopardy if we can't handle this thing correctly?

1137
01:40:10,550 --> 01:40:14,810
So, I'd like to just say, let's take a pause, to everybody that's emailed about the city

1138
01:40:14,810 --> 01:40:17,750
providing these services and understand the realities of that.

1139
01:40:17,850 --> 01:40:18,470
It's a cost.

1140
01:40:18,470 --> 01:40:24,590
It's a liability, it's a strain on the services, and then we've got you've got the issue of the Nimbies.

1141
01:40:25,050 --> 01:40:29,550
Not in my backyard. How are we going to deal with those sorts of things, too? So these are just foods for thought.

1142
01:40:29,670 --> 01:40:32,950
We just have to think this through. Thank you.

1143
01:40:33,570 --> 01:40:40,270
Well, I will weigh in on this by saying, I think we should consider this particular ordinance.

1144
01:40:40,270 --> 01:41:00,850
And if we want to look at another ordinance later on creating potentially a very short-term temporary camping area, that should be a separate issue that we could discuss and decide whether this city wants to create such a location.

1145
01:41:00,850 --> 01:41:24,070
So, trying to amend the ordinance that we're talking about today to add this into it, I think, is a premature, and we don't really have the necessary information to even consider considering adding this to this current ordinance that we're considering on adopting.

1146
01:41:26,200 --> 01:41:32,180
Council for more. Thank you, Mayor. Just an additional comment about open space.

1147
01:41:32,340 --> 01:41:36,820
Often open space is designated as open space because of its environmental value.

1148
01:41:37,420 --> 01:41:41,420
There's usually something unique or special about it that we want to preserve.

1149
01:41:41,580 --> 01:41:44,820
That's why we made it open space. I think it would be wrong,

1150
01:41:44,820 --> 01:41:48,320
obviously, to allow camping in those locations. So I just want to make that comment.

1151
01:41:50,160 --> 01:41:56,660
I appreciate what the Mayor just said if we were trying to consider the ordinance as it's written.

1152
01:41:57,740 --> 01:42:03,360
I don't think we could move forward with it today unless we are willing to make a commitment

1153
01:42:03,360 --> 01:42:09,640
that we're going to come back with maybe further discussion on designating.

1154
01:42:10,360 --> 01:42:15,200
It tells us where people can't camp, but I'm having a hard time figuring out where people can camp.

1155
01:42:15,200 --> 01:42:23,680
I guess is my concern with this ordinance as it's written, and I just feel like that's something

1156
01:42:23,680 --> 01:42:24,820
that needs to be addressed as well.

1157
01:42:24,820 --> 01:42:28,540
I've already said that, but I'm having a hard time saying, should we move forward with

1158
01:42:28,540 --> 01:42:29,000
a vote today?

1159
01:42:29,160 --> 01:42:31,220
I should be table this to a future discussion.

1160
01:42:31,580 --> 01:42:33,760
I'm just kind of torn there.

1161
01:42:37,130 --> 01:42:42,550
City Attorney, you mentioned the possibility of posting no trespassing on some of these private

1162
01:42:42,550 --> 01:42:51,530
property areas, what positives or negatives would such a posting create?

1163
01:42:54,540 --> 01:43:01,280
I think in a lot of ways it would create some hardship on private property owners to require

1164
01:43:01,280 --> 01:43:03,680
them to be to post no trespassing.

1165
01:43:05,800 --> 01:43:11,120
If we adopted the language that states if post no trespassing, that's essentially what we do,

1166
01:43:11,120 --> 01:43:26,640
We would be stating something that we can't do, which is any private or any individual can go camp on someone else's private property, unless they post no trespassing, so I think that would be the major problem with requiring a posting of no trespassing.

1167
01:43:27,320 --> 01:43:39,640
Wouldn't it be beneficial for enforcement so that if police officer was called in to look at someone potentially camping on private property, who did not have permission?

1168
01:43:39,640 --> 01:43:50,400
And there was no homeowner president or president or property owner present to be able to confirm or deny that that camper had approval.

1169
01:43:51,540 --> 01:43:59,800
Wouldn't have no posting like this be able to allow the police officer to be able to remove that person.

1170
01:44:00,140 --> 01:44:07,980
Well, I think requiring a posting like this actually adds just one additional element to removing someone.

1171
01:44:07,980 --> 01:44:14,080
So you'd have to find that there wasn't no trespassing sign before removing someone from someone else's property.

1172
01:44:14,420 --> 01:44:15,980
Whereas if there wasn't the requirement,

1173
01:44:18,000 --> 01:44:21,040
if police responded to a trespasser, they would just remove as a trespasser.

1174
01:44:21,440 --> 01:44:26,760
So I think it actually adds one element, one more element to enforcement.

1175
01:44:26,960 --> 01:44:28,260
And it makes a little bit more difficult.

1176
01:44:31,660 --> 01:44:32,340
Mayor Protem.

1177
01:44:32,780 --> 01:44:36,900
Thank you, Mayor. I just looked Amazon is selling no trespassing signs for 97 cents.

1178
01:44:38,420 --> 01:44:43,480
So, I mean, I'm that that 97 cents, I'm sure they're folks who that's a hardship for.

1179
01:44:44,500 --> 01:44:51,500
I guess my my question is if someone camps on my property right now and they don't have my permission,

1180
01:44:51,600 --> 01:44:57,180
and I see them camping on my property, is my recourse not to call the police and say someone is trespassing

1181
01:44:57,180 --> 01:44:59,960
and wouldn't the police response in that case to say

1182
01:45:00,000 --> 01:45:09,420
You don't have permission to be here, and you need to leave. That's accurate. If someone camps on your private property, they are trespassing if they don't have your permission.

1183
01:45:10,000 --> 01:45:25,560
So if my son-in-law comes to visit me one day when my daughter gets married and comes to visit me, and they're on a cross-country trip, and they're driving their RV with their grant, my grandkids, and they want to stay and park in front of my, you know, on my property, for 15 days, they're criminals, though. Is that corrupt?

1184
01:45:26,760 --> 01:45:31,760
Not if they have your permission, or if it's 15 days, yes, at the 15, okay, so they are there.

1185
01:45:32,040 --> 01:45:32,740
Okay, thank you.

1186
01:45:37,300 --> 01:45:38,180
Councilmember Rucing.

1187
01:45:39,360 --> 01:45:43,120
I think we should leave the ordinance as written as far as the no trespassing sign.

1188
01:45:43,360 --> 01:45:48,060
It just is the ordinance as written. If it's private property and someone's camping there,

1189
01:45:48,680 --> 01:45:52,360
then the owners contacted and you find out if they have permission or not.

1190
01:45:52,500 --> 01:45:56,620
I mean that burdens all the owners of vacant land who may live out of town,

1191
01:45:56,620 --> 01:46:02,180
have been going around and post everything with no trespassing signs and that would probably

1192
01:46:02,180 --> 01:46:08,260
trigger a need to clean up all the no trespassing signs because they're going to start

1193
01:46:08,260 --> 01:46:10,740
looking like campaign signs all over the place

1194
01:46:13,270 --> 01:46:18,430
councilmember tini thank you Mary yeah I agree

1195
01:46:18,430 --> 01:46:23,750
with what's been said about the extra layer of having to post no trespassing signs to keep someone

1196
01:46:23,750 --> 01:46:28,790
from your property in, in, in, in, in, in, in, ordinance the way it is right now. People are not

1197
01:46:28,790 --> 01:46:33,330
allowed to trespass without us posting a sign and it seems to, I mean, though it's only

1198
01:46:33,330 --> 01:46:39,130
97 cents totally get that. It shouldn't, it shouldn't need to do that to, to, to make it clear for

1199
01:46:39,130 --> 01:46:44,610
people that, kind of, want them, camping in my front yard. Unless it's my son, I guess I'd be okay

1200
01:46:44,610 --> 01:46:45,870
with that for 14 days.

1201
01:46:48,200 --> 01:46:51,520
And if I could address the private property kind of the thought behind it,

1202
01:46:51,520 --> 01:46:59,400
what I think that that was when the direction was to keep it in is that for some houses for

1203
01:46:59,400 --> 01:47:06,540
example that may have issues safety issues that will be camping in the front yard and it really

1204
01:47:06,540 --> 01:47:12,140
becomes a problem for neighbors having people camp in the front yard. Now having said that it is

1205
01:47:12,140 --> 01:47:17,920
somewhat controversial to regulate use on of private property and we do it all the time through

1206
01:47:17,920 --> 01:47:22,620
zoning and so forth. That's why it's kept in if there's a motion to approve without the

1207
01:47:22,620 --> 01:47:27,260
private property. That's you're within your purview. But I just want to give a little

1208
01:47:27,260 --> 01:47:31,600
background on why it was included or why I think the direction was delivered in was for those

1209
01:47:31,600 --> 01:47:32,260
situations.

1210
01:47:34,280 --> 01:47:37,900
And again, if the direction is to address that more specifically through the land

1211
01:47:37,900 --> 01:47:40,740
development code, we can do that as well.

1212
01:47:44,090 --> 01:47:48,330
Well, I don't think the 14 day restriction on RVs on private

1213
01:47:48,330 --> 01:47:55,050
properties unreasonable. However, I do have a certain amount of sympathy for the Mayor

1214
01:47:55,050 --> 01:47:56,590
Protem's family.

1215
01:47:59,410 --> 01:48:02,150
They're phantom now at this point. My daughter's 17th, so.

1216
01:48:02,390 --> 01:48:10,590
Oh, that's, that's reassuring. But I do have some concern about someone who may be in

1217
01:48:10,590 --> 01:48:18,170
the process of building a home if they have acquired permits for building. And now they

1218
01:48:18,170 --> 01:48:27,210
to be able to protect their home site as is being built and being able to provide some allowance

1219
01:48:28,010 --> 01:48:33,610
for that beyond 14 days. It seems like that could be handled in some kind of a special way.

1220
01:48:35,150 --> 01:48:40,010
And I will say that within the county's ordinance dealing with this, they do allow for someone who's

1221
01:48:40,010 --> 01:48:46,410
building their home to live on the property in an RV and there's some other additions. Now within the city,

1222
01:48:46,410 --> 01:48:51,130
It's only if you've built a home and it's destroyed, so that's limited, currently,

1223
01:48:53,210 --> 01:49:08,890
but what I'm hearing, or if I'm hearing it, we can come back to council amending that provision in the land development code to be similar to the counties allowing someone who's building a home owns the property to have some sort of RV for a certain period of time, and I think it's generally a year.

1224
01:49:14,140 --> 01:49:18,020
That kind of helps my decision process.

1225
01:49:18,500 --> 01:49:22,720
I would say no to the trespassing posting.

1226
01:49:23,380 --> 01:49:27,620
I would say yes to referencing open space

1227
01:49:27,620 --> 01:49:31,280
and amending the wording to include that.

1228
01:49:32,160 --> 01:49:35,820
I would say no to the designated camping area

1229
01:49:35,820 --> 01:49:40,000
just because I think it leads to some really potential

1230
01:49:40,000 --> 01:49:48,320
problemaries with 10 cities and long-term accumulation of concentrated camping issues.

1231
01:49:48,940 --> 01:49:57,760
I know we're required to kind of keep track of how many available beds are available at

1232
01:49:57,760 --> 01:50:03,260
any particular time so that we can show that we're taking and making an effort to find

1233
01:50:03,260 --> 01:50:07,860
some accommodation for homeless people, but there are some people that don't want to

1234
01:50:07,860 --> 01:50:14,120
all of those rules. So they're not willing to accept a bed in some of those areas, or

1235
01:50:14,120 --> 01:50:23,600
facilities that require certain agreements on how they are going to be accommodated.

1236
01:50:24,080 --> 01:50:30,500
And then we can keep the RVs in at 14 days and work on amending the land development code

1237
01:50:30,500 --> 01:50:34,020
for a longer term, a legitimate uses.

1238
01:50:36,780 --> 01:50:40,940
So that's my thought, Councilwoman Ken Tellney.

1239
01:50:41,640 --> 01:50:42,060
Thank you, Mayor.

1240
01:50:42,620 --> 01:50:47,260
Joe, I wanted to find out, too, if something did occur,

1241
01:50:47,900 --> 01:50:50,780
and you go, let's say you get sued.

1242
01:50:51,920 --> 01:50:54,320
Isn't there something in the law that says you have to have,

1243
01:50:54,360 --> 01:50:56,060
they're going to ask you, did you have a note

1244
01:50:56,060 --> 01:50:57,440
trespassing sign posted?

1245
01:50:58,180 --> 01:51:00,260
Because isn't that part of your defense?

1246
01:51:03,300 --> 01:51:06,020
This may be off topic a little bit in the overall scheme.

1247
01:51:07,380 --> 01:51:09,180
But for individuals that put no trespassing,

1248
01:51:09,380 --> 01:51:12,060
it gives them certain protections against a license

1249
01:51:12,060 --> 01:51:12,600
argument.

1250
01:51:14,760 --> 01:51:17,380
There's a presumed license for allowing people

1251
01:51:17,380 --> 01:51:19,060
to come on your property, for example,

1252
01:51:19,200 --> 01:51:20,600
walk to your front door.

1253
01:51:21,540 --> 01:51:23,760
It eliminates that presumed license,

1254
01:51:24,260 --> 01:51:25,440
and it does provide extra protections.

1255
01:51:25,520 --> 01:51:26,940
But I think it's beyond the scope of here.

1256
01:51:26,940 --> 01:51:31,680
I think in this case, there's no presumed license that someone can sleep on your property.

1257
01:51:32,660 --> 01:51:35,080
So it wouldn't be needed in that case.

1258
01:51:35,540 --> 01:51:42,420
And also on the issue of permitting, couldn't they just get a renewal if somebody, if Montoya's

1259
01:51:42,420 --> 01:51:46,500
grandchildren came to visit him and they wanted to stay for 20 days, couldn't they just

1260
01:51:46,500 --> 01:51:48,900
go down and renew the permit if they really had to?

1261
01:51:49,460 --> 01:51:53,340
Not as it's currently written because there's no permit, there's just an allowance for short-term

1262
01:51:53,340 --> 01:52:00,540
And to be honest, you kind of picture some small kids camping in their backyard.

1263
01:52:01,260 --> 01:52:06,140
So if we prohibited private property camping, we'd also prohibit a few people sleeping in

1264
01:52:06,140 --> 01:52:07,460
their backyard and that type of things.

1265
01:52:07,860 --> 01:52:09,160
So I think there needs to be an allowance.

1266
01:52:09,200 --> 01:52:12,600
If we're going to do a private property, there needs to be allowance for people to camp on

1267
01:52:12,600 --> 01:52:13,880
private property to some extent.

1268
01:52:14,220 --> 01:52:19,360
Where we draw the line there is up to Council, we have the recommendation of 14 days.

1269
01:52:20,000 --> 01:52:29,980
But when it comes to permitting, that would be the additional follow-up step that I think we're getting direction for, which is to deal with in the land development code, go through a permit process to a...

1270
01:52:30,000 --> 01:52:37,920
Allow for longer term stays on private property in legitimate circumstances. I think the mayor said, and we'd have to define what legitimate means.

1271
01:52:38,240 --> 01:52:42,160
And Brandon might want them to go home after two weeks.

1272
01:52:43,400 --> 01:52:44,440
Councillor Schischke.

1273
01:52:46,540 --> 01:52:47,320
Thank you, Mayor.

1274
01:52:48,700 --> 01:52:56,420
So, Joe, how did we come up with the 14 days? Was that a reaction to possibly having people buy a lot?

1275
01:52:56,420 --> 01:53:01,680
and then putting their RV on there and just live it in the RV.

1276
01:53:05,910 --> 01:53:10,430
I don't think it was a reaction to that, but I think that illustrates one potential issue.

1277
01:53:10,870 --> 01:53:15,070
I think the bigger issue is really tent camping in front yards.

1278
01:53:15,530 --> 01:53:19,240
That was an issue we've seen as a problem and why does Y-14 days

1279
01:53:20,470 --> 01:53:22,710
because it's consistent with many other jurisdictions,

1280
01:53:23,130 --> 01:53:26,310
especially when it deals with an RV on personal property and other things.

1281
01:53:26,310 --> 01:53:29,670
So 14 days was, there's nothing magic in 14 days,

1282
01:53:29,990 --> 01:53:32,470
but it was based on other ordinances and other jurisdictions.

1283
01:53:35,330 --> 01:53:36,290
Thank you.

1284
01:53:36,650 --> 01:53:37,670
Calce one more.

1285
01:53:38,970 --> 01:53:39,590
Thank you, Mayor.

1286
01:53:39,830 --> 01:53:41,230
I just want to make one last comment.

1287
01:53:42,630 --> 01:53:44,530
Overall, I'm generally in favor with the ordinance.

1288
01:53:44,690 --> 01:53:46,890
I think it's 95% rate on target.

1289
01:53:48,630 --> 01:53:52,270
I think the only, maybe if we're not going to address

1290
01:53:53,190 --> 01:53:55,910
in this ordinance, I understand we can't, probably.

1291
01:53:56,310 --> 01:53:59,830
But if we can't address designating a place for camping,

1292
01:54:02,090 --> 01:54:06,370
is it possible that the police department could,

1293
01:54:06,370 --> 01:54:09,370
if they come across a person that's camping somewhere,

1294
01:54:09,730 --> 01:54:11,110
they could hand them a map and say,

1295
01:54:11,490 --> 01:54:13,150
this is where you can camp in the city,

1296
01:54:13,330 --> 01:54:15,910
because we tell them where they can't camp,

1297
01:54:17,090 --> 01:54:20,590
but can we maybe help them find a place where they can camp?

1298
01:54:21,010 --> 01:54:21,730
That's safe.

1299
01:54:22,370 --> 01:54:24,030
And I would be happy with this ordinance.

1300
01:54:24,290 --> 01:54:25,430
I just think that's my suggestion.

1301
01:54:25,430 --> 01:54:27,390
It's just a little map, or just a little something.

1302
01:54:27,590 --> 01:54:29,670
So you know, you guys can't camp in this area.

1303
01:54:30,610 --> 01:54:32,550
Most homeless people will never read this ordinance.

1304
01:54:32,810 --> 01:54:34,670
They won't know where they can and can't camp.

1305
01:54:35,370 --> 01:54:39,370
And so we need to provide them with the resources of knowledge

1306
01:54:39,370 --> 01:54:40,550
of where they can camp.

1307
01:54:40,570 --> 01:54:41,370
And that's all I'm asking.

1308
01:54:41,830 --> 01:54:43,230
And I'm willing to vote for this ordinance

1309
01:54:43,230 --> 01:54:44,370
if we could do something like that.

1310
01:54:44,430 --> 01:54:46,310
Thank you.

1311
01:54:46,990 --> 01:54:48,610
And I'll answer, we can.

1312
01:54:49,610 --> 01:54:51,770
There's a cost, if this is the direction from council,

1313
01:54:51,910 --> 01:54:53,890
ultimately, as I mentioned, this is council ordinance.

1314
01:54:54,090 --> 01:54:54,870
And if that's the direction,

1315
01:54:54,870 --> 01:54:58,810
we can figure out a way to deal with that and we could do so by just having a map

1316
01:54:58,810 --> 01:55:03,450
with the city with some of the public areas and showing the areas where it's

1317
01:55:03,450 --> 01:55:07,470
not allowed and directing that you know right of ways we have no right of ways

1318
01:55:07,470 --> 01:55:11,670
at any time a right of ways are one of the bigger issues we'll see camping on

1319
01:55:11,670 --> 01:55:15,390
right of ways sidewalks for example and so oftentimes when the police are

1320
01:55:15,390 --> 01:55:20,310
dealing with it it's really hey you can't camp here on the sidewalk but if the

1321
01:55:20,310 --> 01:55:23,530
direction is to also include a map if you can't sleep on the sidewalk but you

1322
01:55:23,530 --> 01:55:26,710
can go over here's some different places that there's something we could do.

1323
01:55:26,850 --> 01:55:32,530
I think that's just a humane kind way of handling homelessness will never go away.

1324
01:55:32,750 --> 01:55:36,650
We're going to constantly have this issue in our community and when we're not trying to

1325
01:55:36,650 --> 01:55:42,710
criminalize it, but I think we need to be humane and kind and we need to offer an option

1326
01:55:42,710 --> 01:55:43,770
and that's all I'm saying.

1327
01:55:45,920 --> 01:55:47,160
Council Member Rucing.

1328
01:55:47,740 --> 01:55:53,160
In response to Healthman Moore, there already is a map, in fact it does more than just

1329
01:55:53,160 --> 01:56:00,580
camping, at least food banks, social services, homeless shelters, and it's available at the library.

1330
01:56:02,200 --> 01:56:08,420
We also have a part-time person that's employed at the library who is a great resource,

1331
01:56:08,680 --> 01:56:13,860
not just a homeless, but to anybody that comes in with a problem. For example, if you're a homeless person,

1332
01:56:14,140 --> 01:56:20,180
there was a homeless person and they needed a bike to get around. They had a job and this person found them

1333
01:56:20,180 --> 01:56:25,260
So we do already offer that to the community.

1334
01:56:28,280 --> 01:56:30,860
Okay, I think we need to call the question here.

1335
01:56:31,060 --> 01:56:36,760
Mayor, we actually have public comment on the specific ordinance that we would need to take before you guys convert on it.

1336
01:56:37,400 --> 01:56:43,980
I do have one comment card that specifically address that this individual wanted to speak on this ordinance.

1337
01:56:43,980 --> 01:56:53,300
And then I have two that did not specify, so I'm curious if Whitney Williams and Patty Willis

1338
01:56:53,300 --> 01:56:58,620
wanted to speak on this or on the last item for consideration.

1339
01:57:05,180 --> 01:57:06,000
You're very much.

1340
01:57:06,140 --> 01:57:08,500
So then it's just Peggy Glenn, please.

1341
01:57:15,240 --> 01:57:17,520
I thought it would work until I stepped on it.

1342
01:57:20,300 --> 01:57:21,040
Hello, everybody.

1343
01:57:22,160 --> 01:57:25,780
Mayor, Mayor Potem, council members, city staff.

1344
01:57:26,580 --> 01:57:35,700
The irony that this ordinance is up today when you gave a proclamation to Meals on Wheels

1345
01:57:35,700 --> 01:57:39,880
and the Agape House blows my mind.

1346
01:57:41,930 --> 01:57:49,410
I would say that this is a good start but I would say it's premature and not ready to put it in the oven.

1347
01:57:50,570 --> 01:57:55,070
I think that's a lot of work that's going into it. By the way, there's a typo and trespassing.

1348
01:57:56,350 --> 01:57:58,530
Only one asked in the beginning.

1349
01:58:00,970 --> 01:58:03,170
Camping for some is survival.

1350
01:58:04,370 --> 01:58:09,390
For others, it's the only option they have right now.

1351
01:58:11,610 --> 01:58:15,070
And I'm a little confused about daylight hours when you say,

1352
01:58:15,410 --> 01:58:19,810
8 to 8, and we're at this latitude as opposed to the equator,

1353
01:58:21,590 --> 01:58:23,730
where we, what about dawn to daylight?

1354
01:58:24,410 --> 01:58:25,530
A dawn to dusk.

1355
01:58:25,530 --> 01:58:30,150
You know, it seems it's a little more easy to recognize if someone doesn't have a watch.

1356
01:58:30,690 --> 01:58:31,670
Doesn't have a cell phone.

1357
01:58:32,030 --> 01:58:33,370
They don't know what time it is.

1358
01:58:33,850 --> 01:58:34,590
Just an idea.

1359
01:58:38,390 --> 01:58:52,730
I would challenge the council and city staff to go back to the table and use the knowledge that is part of what CCJ is doing,

1360
01:58:52,730 --> 01:59:00,450
pass is doing, agape houses doing, they find a way to take care of the abusers to take care

1361
01:59:00,450 --> 01:59:05,990
of the people who can't follow the rules. They simply don't get to stay there and we find an

1362
01:59:05,990 --> 01:59:13,150
option for the other there. I would challenge you to put together a coalition. I'm talking straight

1363
01:59:13,150 --> 01:59:20,050
to a couple of you who seem to have your humanity clicked in right now. A coalition of faith-based

1364
01:59:20,050 --> 01:59:24,690
People, the non-profits in this city who do a fabulous job,

1365
01:59:25,050 --> 01:59:26,990
but are stretched almost beyond their limits,

1366
01:59:27,630 --> 01:59:30,370
the Chamber of Commerce because this isn't a good look

1367
01:59:30,370 --> 01:59:32,510
for everybody's home town.

1368
01:59:34,010 --> 01:59:34,610
Realtors,

1369
01:59:36,870 --> 01:59:40,410
the guy said, decorum, please give me a shot at it.

1370
01:59:40,490 --> 01:59:41,010
Thank you.

1371
01:59:42,010 --> 01:59:42,770
The developers,

1372
01:59:44,830 --> 01:59:46,510
the worker bees in this town.

1373
01:59:47,690 --> 01:59:56,110
We don't have anything even coming close to affordable housing, much less survival housing.

1374
01:59:56,910 --> 01:59:59,790
If this is going to be everybody's home town, it's not.

1375
02:00:00,000 --> 02:00:01,580
Just for the rich people.

1376
02:00:07,520 --> 02:00:12,920
We're not trying to stir up trouble. I'm trying to come to you with pieces of thought and heart.

1377
02:00:15,030 --> 02:00:24,010
Bottom line, I challenge you to take this back to the table and come up with councilman more's alternative.

1378
02:00:24,450 --> 02:00:33,870
Councilman is more's humane alternative before this is adopted. I think it's a great start and not ready for the oven. Thank you for the time.

1379
02:00:38,700 --> 02:00:40,760
That's all on this one, Mayor.

1380
02:00:42,580 --> 02:00:42,820
Okay.

1381
02:00:42,940 --> 02:00:46,040
Then I think we need to call the question here.

1382
02:00:46,640 --> 02:00:55,720
I would propose that we adopt this ordinance and amended to include describing open space.

1383
02:00:56,100 --> 02:01:04,980
As Councilman Moore indicated, and the rest of it can be presented and voted on as written.

1384
02:01:04,980 --> 02:01:13,560
And then we'll take a look at a different time on how we would go about possibly designating

1385
02:01:13,560 --> 02:01:16,980
a rotating camp area or something like that.

1386
02:01:18,100 --> 02:01:23,540
And I think our visa and private property are reasonable, especially since we're referencing

1387
02:01:24,140 --> 02:01:33,280
other ordinances and other municipalities that have been able to maintain those and pass judicial

1388
02:01:33,280 --> 02:01:35,560
or legal challenges.

1389
02:01:37,060 --> 02:01:41,220
May are you making emotion, and so are you suggesting that the parenthetical expression

1390
02:01:41,220 --> 02:01:43,100
if posted no trespassing be eliminated?

1391
02:01:46,980 --> 02:01:48,860
I'm proposing that we correct a spelling.

1392
02:01:50,060 --> 02:01:51,680
I'm with you there if we include it.

1393
02:01:51,680 --> 02:01:53,620
Was that emotion that you made and you're looking for a second?

1394
02:01:54,200 --> 02:01:55,020
I made that motion.

1395
02:01:56,880 --> 02:02:00,400
Can I clarify on the, the, if posted no trespassing,

1396
02:02:01,560 --> 02:02:07,280
That would be an amendment, it's in there just for informational purposes.

1397
02:02:07,620 --> 02:02:10,380
Are you requesting that it not be in there or that it be in there, sorry?

1398
02:02:10,520 --> 02:02:13,910
I'm requesting that it not be in there.

1399
02:02:14,090 --> 02:02:15,510
May or I second to your motion.

1400
02:02:18,060 --> 02:02:19,840
All right, we have a motion in second.

1401
02:02:20,560 --> 02:02:21,360
Please vote.

1402
02:02:35,440 --> 02:02:37,200
Councilwoman can tell me.

1403
02:02:37,980 --> 02:02:39,820
Can you vote please?

1404
02:02:40,760 --> 02:02:41,360
Said yes.

1405
02:02:44,480 --> 02:02:45,480
Pass the six one.

1406
02:02:50,000 --> 02:03:00,080
move on to what is it aggressive panhandly yes thank you mayor aggressive solicitation

1407
02:03:15,120 --> 02:03:16,600
I'm now sorry

1408
02:03:19,700 --> 02:03:26,960
so the aggressive solicitation ordinance was brought to you in study session with a few changes not a whole lot

1409
02:03:26,960 --> 02:03:29,820
but they dealt with the other prohibited acts so

1410
02:03:30,300 --> 02:03:38,120
section 5.10 or 5-10-1 is the definition of aggressive solicitation includes quite a few definitions that

1411
02:03:38,140 --> 02:03:46,540
wasn't changed at all. But in Section 5-10-2, it deals with other prohibited acts. So aggressive

1412
02:03:46,540 --> 02:03:52,940
solicitation or soliciting aggressive manner is prohibited, along with several other

1413
02:03:52,940 --> 02:03:59,320
prohibitions, including soliciting someone within a certain distance from a bank, from a ATM,

1414
02:04:00,020 --> 02:04:07,320
from a business, entrance or exit, from people engaging in financial transactions and so forth.

1415
02:04:07,320 --> 02:04:18,080
So, based on the study session, we standardized that to 50-foot prohibition, so it has to be 50-foot feet from someone engaged in using a banker ATM.

1416
02:04:18,080 --> 02:04:25,100
It has to be 50 feet from someone that is engaged in financial transaction and so forth.

1417
02:04:25,640 --> 02:04:37,300
So, that's all standard except for we reduce the amount of distance based on first amendment concerns of solicitation from someone immediately adjacent to the entrance or exit.

1418
02:04:37,300 --> 02:04:39,560
of any commercial business or privately on a establishment.

1419
02:04:40,200 --> 02:04:45,120
And that was done primarily in recognition of some of the areas within the city and primarily

1420
02:04:45,120 --> 02:04:50,440
downtown that are where the entrances are closer than 50 feet.

1421
02:04:50,860 --> 02:04:54,520
So it would have caused a prohibition if we had a 50-perper or a bison, it would have created

1422
02:04:54,980 --> 02:04:59,180
essentially a noble solicitation zone, which I think was beyond the scope of what we could

1423
02:04:59,180 --> 02:05:01,220
do or should do under the First Amendment.

1424
02:05:02,620 --> 02:05:11,300
So those were, those changes were suggested from the, from the, from the last version, and that has been drafted and implemented into this version.

1425
02:05:12,040 --> 02:05:18,360
And the major change is a prohibition on solicitation from moving vehicles.

1426
02:05:19,360 --> 02:05:22,060
And that was presented in the study session and remains here.

1427
02:05:22,100 --> 02:05:29,060
And other than that, and as I mentioned in addition of a severance clause, it's the same as the version that was brought to you in study session.

1428
02:05:31,140 --> 02:05:32,720
So again,

1429
02:05:35,650 --> 02:05:41,730
this would be for final adoption and a request for a motion to approve deny or approve with modifications.

1430
02:05:57,450 --> 02:05:57,810
Thank you, Mayor.

1431
02:05:58,530 --> 02:06:01,090
So Joe, I have three questions actually.

1432
02:06:02,250 --> 02:06:08,250
Section D, when it says 50 feet of an entrance and or exit of commercial business,

1433
02:06:09,010 --> 02:06:11,370
I assume you're meeting a building and not the parking lot.

1434
02:06:11,910 --> 02:06:16,350
I just think I'm wondering if it should be more clear if you're talking about the building or

1435
02:06:16,350 --> 02:06:21,710
the parking lot because I think that's a different as a small business owner. I was in a shopping

1436
02:06:21,710 --> 02:06:27,430
center for many years and there was lots of people soliciting in that parking lot. They weren't

1437
02:06:27,430 --> 02:06:31,090
necessarily near the entrance of the building. So I think that needs to be clearer.

1438
02:06:33,490 --> 02:06:34,270
And then another

1439
02:06:34,270 --> 02:06:40,050
question are shopping centers considered private property because I says on private property

1440
02:06:40,050 --> 02:06:44,450
with the express written permission and consent of the owner or the person legally in possession

1441
02:06:44,450 --> 02:06:45,190
of such property.

1442
02:06:45,890 --> 02:06:51,570
Because oftentimes a shopping center, the owner is out of state legal entity where they

1443
02:06:51,570 --> 02:06:55,530
don't have a local presence that is going to enforce that.

1444
02:06:55,910 --> 02:06:57,310
So I'm just wondering how that's going to be handled.

1445
02:06:58,210 --> 02:07:00,630
And my third question, sorry, I've got three issues.

1446
02:07:02,570 --> 02:07:11,250
Undercamping, it said that each day that a person was found camping that each new day would be a new violation.

1447
02:07:12,490 --> 02:07:24,310
And I was wondering, with this ordinance, does there need to be similar wording that each day that a violation of this section continues or occurs shall constitute a separate offense?

1448
02:07:24,310 --> 02:07:29,970
because people who solicit are generally habitual solicitors, that's what they do every

1449
02:07:30,000 --> 02:07:40,400
Day, that's how they make their living, but it was addressed in camping, but it wasn't addressed in solicitation, so I think that's something that needs to be addressed in this ordinance because it isn't.

1450
02:07:41,380 --> 02:07:51,680
So to address your questions, the question on the entrance or exit from a commercial business, is the private property entrance, not the actual building.

1451
02:07:51,680 --> 02:07:59,780
Now, and so there is private property that is covered in I, as you mentioned, and this was,

1452
02:07:59,780 --> 02:08:04,220
and I actually forgot that this was an addition or a tweak from the previous version,

1453
02:08:04,360 --> 02:08:09,500
say session based on input, and we required express we're written consent so that we could

1454
02:08:09,500 --> 02:08:09,900
enforce.

1455
02:08:10,380 --> 02:08:15,480
So, if there is solicitation on a parking lot, for example, officers can go and make sure that

1456
02:08:15,480 --> 02:08:18,560
they have permission written permission from the owner, because there are absentee owners.

1457
02:08:19,120 --> 02:08:20,240
So it deals with that issue.

1458
02:08:20,240 --> 02:08:23,480
So I think, those are the answers on the first two questions.

1459
02:08:23,480 --> 02:08:26,360
On the third one, on the each day,

1460
02:08:27,280 --> 02:08:33,360
camping was treated differently because there is

1461
02:08:33,360 --> 02:08:36,160
in something like solicitation, there's an instance.

1462
02:08:36,400 --> 02:08:38,500
And each instance, each solicitation would be

1463
02:08:38,500 --> 02:08:40,820
its own violation of the ordinance,

1464
02:08:41,160 --> 02:08:43,620
whereas camping is a more long-term duration.

1465
02:08:44,080 --> 02:08:45,640
So someone makes a list at all day,

1466
02:08:45,960 --> 02:08:48,440
but that would technically be several violations.

1467
02:08:48,440 --> 02:08:54,260
police obviously would probably see one and enforce that one. But each instance of solicitation

1468
02:08:54,260 --> 02:08:59,240
would be a violation of the ordinance, whereas in camping we don't want to criminalize each

1469
02:08:59,240 --> 02:09:04,140
head or head nod or some other variation and they just made sense in that instance.

1470
02:09:04,740 --> 02:09:06,800
That clarification, that makes sense to me.

1471
02:09:08,420 --> 02:09:09,460
Councilmember Rucing.

1472
02:09:10,740 --> 02:09:17,520
Thank you. I look at this as a public safety issue, panhandling from moving vehicles

1473
02:09:18,760 --> 02:09:32,300
I've seen Panhandlers sitting on the curb, by the big old tire store, they're on Ironsprings and Gayle Gardner right on the curb while people are trying to make right turns.

1474
02:09:33,120 --> 02:09:40,080
Just recently my husband and I, there was a lady who was clearly disabled lying on the sidewalk, they're at five points.

1475
02:09:40,080 --> 02:09:48,060
And we had to stop and pull over and help her over to a bench by the Boy Scout statue there.

1476
02:09:48,860 --> 02:09:59,560
So I feel that adding the prohibitation to solicit from a moving vehicle is a good thing.

1477
02:09:59,960 --> 02:10:06,260
It prevents traffic accidents and injuries and maybe deaths to the Panhandlers.

1478
02:10:06,460 --> 02:10:07,300
Thank you.

1479
02:10:16,640 --> 02:10:19,300
I'll are there any other comments or concerns

1480
02:10:21,380 --> 02:10:25,680
on that I'm in or I'll entertain a motion on approving this ordinance.

1481
02:10:27,520 --> 02:10:33,880
There I move to approve ordinance number 2023-1845. Second.

1482
02:10:36,000 --> 02:10:39,060
Do we have any public comment on this? Not on this one, Mayor.

1483
02:10:39,920 --> 02:10:43,020
All right, so we have a motion as second. Please vote.

1484
02:10:49,980 --> 02:10:51,260
Pass the seven zero.

1485
02:10:53,020 --> 02:10:57,620
What's an easy one. Okay, what's up next?

1486
02:11:02,720 --> 02:11:06,580
Thank you mayor. The next is sexually oriented businesses, which may not be quite as easy

1487
02:11:07,120 --> 02:11:10,840
And in part, it's not in a final form. It needs to go to public

1488
02:11:11,440 --> 02:11:13,460
comment. It needs to be published and

1489
02:11:14,240 --> 02:11:17,380
I expect we'll receive more comment as we go through the process

1490
02:11:20,900 --> 02:11:23,260
All right, we have brought this to

1491
02:11:23,900 --> 02:11:26,860
Council before in a study session and sought some direction and

1492
02:11:26,860 --> 02:11:34,700
And this here I just wanted to go over some of the effect of the original or the last version

1493
02:11:34,700 --> 02:11:35,560
that was brought to council.

1494
02:11:35,700 --> 02:11:40,740
And that was an addition of certain covered businesses to include massage parlors, adult

1495
02:11:40,740 --> 02:11:43,160
entertainment entities, and body painting studio.

1496
02:11:44,540 --> 02:11:50,740
And as we mentioned, when we came last time, massage parlors was an attempt not to regulate

1497
02:11:50,740 --> 02:11:57,780
massage therapy, but certain businesses that have become or we are right for abuse within

1498
02:11:57,780 --> 02:12:03,600
the city and within the state. Adult entertainment entities was the cover traveling shows

1499
02:12:03,600 --> 02:12:10,420
or shows that are not in a permanent location and bodies painting studios, I guess self-explanatory.

1500
02:12:11,580 --> 02:12:17,680
Now, it also increases coverage of the adult bookstore, novelty stores and video stores to include

1501
02:12:17,680 --> 02:12:20,680
all stores, and no longer requires that such activity

1502
02:12:20,680 --> 02:12:23,020
constitutes a primary purpose of that business.

1503
02:12:23,540 --> 02:12:25,120
So that was the expansion of the definition

1504
02:12:25,120 --> 02:12:27,600
of adult bookstore and novelty store or video stores.

1505
02:12:28,460 --> 02:12:32,460
And the primary prohibition is to eliminate or limit

1506
02:12:32,460 --> 02:12:34,820
minors from entering sexually oriented businesses.

1507
02:12:35,540 --> 02:12:39,220
We also amended various definitions within 5, 7, 2,

1508
02:12:39,400 --> 02:12:40,780
which is the definition sections.

1509
02:12:42,880 --> 02:12:47,100
And so the next section is some of the changes

1510
02:12:47,100 --> 02:12:53,360
from the previous draft. So I didn't make substantive changes, but I did make smaller changes

1511
02:12:53,360 --> 02:12:57,720
that were consistent with what I felt the direction was to clean up the ordinance a little

1512
02:12:57,720 --> 02:13:03,160
bit. And part of the direction from council was that some of these newly regulated businesses

1513
02:13:03,160 --> 02:13:07,900
shouldn't be restricted to only industrial zones. They're not necessarily in the same category

1514
02:13:09,720 --> 02:13:16,560
as cabaret, which is a strip club or adult theaters or so forth. So in order to do that,

1515
02:13:16,560 --> 02:13:22,540
we cleaned up in the late latest version, some of the restrictions on zoning to make it clear

1516
02:13:23,260 --> 02:13:28,340
that as long as it's not within a residential zone area, those businesses can be allowed.

1517
02:13:28,660 --> 02:13:34,340
And there was previously a prohibition on being adjacent to a residential district, we removed

1518
02:13:34,340 --> 02:13:40,760
that for those limited businesses. The newest draft also removes the license requirement for

1519
02:13:40,760 --> 02:13:43,940
part-time employees and employees of adult novelty stores.

1520
02:13:44,720 --> 02:13:48,540
Now, this was unclear whether this is the council direction

1521
02:13:48,540 --> 02:13:50,920
I wasn't sure, so we included that in the draft.

1522
02:13:51,600 --> 02:13:55,900
And essentially, it removes kind of the heavy burden for part-time

1523
02:13:55,900 --> 02:14:00,400
employees and for businesses that engage in the sell of adult novelty

1524
02:14:00,400 --> 02:14:04,560
source, given that includes all adult or any business that sells

1525
02:14:04,560 --> 02:14:06,800
adult novelties, it removes that requirement.

1526
02:14:07,360 --> 02:14:11,720
And the newest draft, as I mentioned, cleaned up some of the remaining

1527
02:14:11,720 --> 02:14:18,300
consistencies in some other portions of the, of the ordinance towards that

1528
02:14:18,300 --> 02:14:19,700
direction that council gave.

1529
02:14:21,750 --> 02:14:22,570
Mayor, pro-tain.

1530
02:14:23,350 --> 02:14:23,970
Thank you, Mayor.

1531
02:14:24,170 --> 02:14:25,970
Would you have a clarity question here?

1532
02:14:26,710 --> 02:14:29,350
What defines a adult novelty store?

1533
02:14:31,010 --> 02:14:37,950
So, it's defined, but, and maybe I, it's best if I just read, yeah.

1534
02:14:37,950 --> 02:14:45,270
So it's a, but it's a store that sells books, magazines, or other printed matter, you know,

1535
02:14:45,310 --> 02:14:45,730
pornography.

1536
02:14:47,850 --> 02:14:52,090
And any instruments or devices or paraphernalia, which are designed for using connection

1537
02:14:52,090 --> 02:14:54,310
with specific sexual activities.

1538
02:14:54,610 --> 02:14:55,870
So with that include condoms?

1539
02:14:56,770 --> 02:14:58,570
It would under that definition.

1540
02:14:58,570 --> 02:14:59,590
It's a pretty broad definition.

1541
02:15:00,000 --> 02:15:02,920
Because there's a lot of places in Prescott that sell condoms.

1542
02:15:04,220 --> 02:15:09,720
And so, and that's why I have, and I think it's important to address that, and whether that's the direction

1543
02:15:09,720 --> 02:15:14,780
council wants to go, but I put here specific modifications that council may or may want

1544
02:15:14,780 --> 02:15:20,480
and not want to do, and I think it's important to address. And the first one is rather to reinstate

1545
02:15:20,480 --> 02:15:24,940
the threshold for qualifying, as an adult novice sort. Now, the previous version I feel like is

1546
02:15:25,560 --> 02:15:29,540
unforcable. It said, one of the primary purposes, and what does that mean? It's not defined.

1547
02:15:29,540 --> 02:15:33,220
So having a threshold, I do think makes some sort of sense.

1548
02:15:33,260 --> 02:15:39,420
I put 20% there, I don't know what it may be, that's a council decision, but you may

1549
02:15:39,420 --> 02:15:44,020
want to consider whether it should be limited to a certain percentage of the business.

1550
02:15:45,400 --> 02:15:53,900
Again, one of the complaints we've heard is that these adult entertainment is defined as being

1551
02:15:53,900 --> 02:15:58,620
of an erotic nature, and erotic is also defined, and removing that definition of erotic

1552
02:15:58,620 --> 02:16:02,500
because it refers to a definition in a Supreme Court case,

1553
02:16:04,100 --> 02:16:05,420
which is hard to define.

1554
02:16:05,580 --> 02:16:07,300
Obscenity is, the first Supreme Court says,

1555
02:16:07,400 --> 02:16:11,180
obscenity is, I can't define it, but I know when I see it.

1556
02:16:12,200 --> 02:16:15,120
But secondary, but subsequent cases defined it as appealing

1557
02:16:15,120 --> 02:16:20,780
to the pure interest and not, which is also difficult to define.

1558
02:16:21,620 --> 02:16:24,500
So it may be, in terms of enforcement,

1559
02:16:24,640 --> 02:16:27,300
easier to remove the erotic altogether and focus

1560
02:16:27,300 --> 02:16:32,180
on that, which is easy to find, which is new to decimited any specified sexual activity,

1561
02:16:33,200 --> 02:16:39,960
and have the businesses that may have one or all of these aspects qualify rather than

1562
02:16:39,960 --> 02:16:41,320
something of an erotic nature.

1563
02:16:43,340 --> 02:16:49,160
There's based on input, bring forward to you the question of whether, I think it's clear

1564
02:16:49,160 --> 02:16:52,960
from council direction that miners that we feel miners should not be allowed to sexually

1565
02:16:52,960 --> 02:16:57,760
businesses. The question becomes whether miners that have parental consent or a

1566
02:16:57,760 --> 02:17:02,640
company by a miners should be allowed in. And that's the question that you may

1567
02:17:02,640 --> 02:17:09,000
wipe out. I misspoke. And whether to or whether to reinstate licensed

1568
02:17:09,000 --> 02:17:11,780
requirement for all of them plays. So as I mentioned that was removed in the

1569
02:17:11,780 --> 02:17:18,200
latest draft and whether Council wants to reinstate that aspect. And we heard other

1570
02:17:18,200 --> 02:17:26,020
various feedback and I think a lot of those addressed in trying to clarify the zoning issues

1571
02:17:26,020 --> 02:17:33,640
for some of the newer businesses being regulated and the employees issue of requiring licensing.

1572
02:17:34,260 --> 02:17:41,200
But there remains some. I did hear regarding massage parlors for example. And I one recommendation

1573
02:17:41,200 --> 02:17:46,460
and it was after I drafted this but I think it would be important is that a final draft to

1574
02:17:46,460 --> 02:17:54,100
sent to the public if approved, change the section 5, 7, 20, which gives exceptions for licensed

1575
02:17:54,100 --> 02:18:01,800
massage therapists. And it does have sort of a outdated definition of the licensing requirement.

1576
02:18:01,860 --> 02:18:07,160
It refers to Arizona State Board of Education, I believe, and I think that our recommendation

1577
02:18:07,160 --> 02:18:14,260
if approved would be an exception and make it basic to those licensed under the state Board

1578
02:18:14,260 --> 02:18:17,920
of massage therapy and remove kind of the requirements

1579
02:18:17,920 --> 02:18:20,660
like the 500 hours of education would remove that

1580
02:18:20,660 --> 02:18:22,680
because that's a requirement by the State Board of Education

1581
02:18:22,680 --> 02:18:24,160
and let them deal with that.

1582
02:18:25,200 --> 02:18:28,140
Although I will say there was some feedback on whether

1583
02:18:28,140 --> 02:18:34,020
the word massage at all, including that in the sexually

1584
02:18:34,020 --> 02:18:35,900
oriented businesses and massage parlors,

1585
02:18:36,240 --> 02:18:38,200
would adversely affect those who engage in legitimate

1586
02:18:38,200 --> 02:18:41,620
massage therapy because the name is somewhat

1587
02:18:41,620 --> 02:18:46,720
And I think that's well taken, but I think as long as we're not trying to regulate those

1588
02:18:46,720 --> 02:18:53,020
license under the state, it probably continues to forward the directive of Council.

1589
02:18:54,640 --> 02:18:59,600
So at this point, I think that there's probably be a healthy discussion, and I'd like to hear from

1590
02:18:59,600 --> 02:18:59,900
Council.

1591
02:19:00,420 --> 02:19:09,000
And the approval, and I think we need a vote to do so, and it will help narrow down what the

1592
02:19:09,880 --> 02:19:13,340
publication, and then come back for a public hearing.

1593
02:19:16,660 --> 02:19:18,140
I'm going to answer your question, Mayor Proto.

1594
02:19:18,960 --> 02:19:24,380
Yeah, I think so is it at this point, I guess, Joe, if I'm understanding correctly,

1595
02:19:24,740 --> 02:19:28,820
right now, there is no threshold as it's currently written.

1596
02:19:29,020 --> 02:19:29,580
That's correct.

1597
02:19:29,920 --> 02:19:32,900
And so I just double checking to clarify my understanding.

1598
02:19:33,700 --> 02:19:37,800
So under the ordinance that we're looking at voting to send to publication right now,

1599
02:19:37,800 --> 02:19:42,080
the maverick that's on roostry if they happen to sell condoms qualifies as an adult

1600
02:19:42,080 --> 02:19:43,100
novel police or

1601
02:19:43,100 --> 02:19:45,940
i think it would qualify as written so either

1602
02:19:47,440 --> 02:19:51,520
and this is your decision but there are two ways we could deal with it would be to exclude

1603
02:19:51,520 --> 02:19:53,840
condoms from the definition of paraphernalia

1604
02:19:53,840 --> 02:19:54,640
or

1605
02:19:54,640 --> 02:19:56,980
to have some sort of threshold of the call

1606
02:19:57,680 --> 02:20:02,180
it's the condoms is less of my concern i guess my concern is that

1607
02:20:02,180 --> 02:20:03,780
it starts to like

1608
02:20:03,780 --> 02:20:09,460
casting too broad of a net with this ordinance to me seems unwieldy and and it takes

1609
02:20:09,460 --> 02:20:14,900
it creates a problem with enforcement that becomes unreasonable. The idea that, you know, I think

1610
02:20:16,720 --> 02:20:22,380
my opinion from where we stand right now based on what I've read of the ordinance is that it is both

1611
02:20:22,380 --> 02:20:28,140
too broad and yet too specific at the same time in really unique ways. I also think that

1612
02:20:29,560 --> 02:20:40,140
As it's written right now, unless you were to add in that exception around the percentage and I don't know if I have no basis to know why 20% so I don't even know if that's appropriate or not.

1613
02:20:40,500 --> 02:20:46,980
But I think it becomes a situation where you're creating an undue piece of regulation in my opinion.

1614
02:20:47,280 --> 02:20:54,820
And that's not what we really ought to seek to do. I think this needs to, I think this needs more consideration personally.

1615
02:20:54,820 --> 02:20:58,640
and I don't think it's ready for publication because it's just, there's too many components

1616
02:20:58,640 --> 02:21:05,080
here that I don't want to criminalize like, you know, I don't want to put Walmart in a situation

1617
02:21:05,080 --> 02:21:09,340
where suddenly they'd be coming at all novelty store overnight because they happen to sell condoms

1618
02:21:09,340 --> 02:21:13,640
or sexual lubricant or any number of items that might rise to the standard of that.

1619
02:21:13,920 --> 02:21:16,760
It just seems like we're falling down a slipper to slip in my opinion.

1620
02:21:20,480 --> 02:21:25,060
Well, Mayor Protein, I agree with you on a number of issues.

1621
02:21:25,060 --> 02:21:31,920
Some of these descriptions and definitions are very hard to legitimately define.

1622
02:21:33,060 --> 02:21:40,040
And I think anything that's made available for the public for health and safety issues,

1623
02:21:40,360 --> 02:21:46,160
contraception, different things like that are not intended to fall into this category,

1624
02:21:46,160 --> 02:21:57,720
and shouldn't. Clearly, condoms and spermicides and other contraceptives have a legitimate

1625
02:21:57,720 --> 02:22:06,380
health care prevention aspect to them. And they're not intended to be the kinds of material

1626
02:22:07,160 --> 02:22:13,780
that juveniles should be exposed to. I think they should be aware of what is available

1627
02:22:13,780 --> 02:22:29,000
when and if they become sexually active and they want to make sure along with their parents that they don't make mistakes that can affect their health and their future so I agree with you.

1628
02:22:30,000 --> 02:22:45,680
Have those included and then have every wall martyr or a circle K be restricted on being able to provide those reasonably and necessary health products.

1629
02:22:47,860 --> 02:22:54,440
You know, the 20% issue, that's very, very difficult to be able to ascertain.

1630
02:22:55,500 --> 02:23:03,340
But I think being able to make sure that miners are not either intentionally or accidentally

1631
02:23:03,340 --> 02:23:10,900
exposed to some of these other material and being able to make that an adult's only restricted

1632
02:23:10,900 --> 02:23:15,660
area, we will have, I mean, we do have a cup of water.

1633
02:23:15,660 --> 02:23:25,540
of retailers that provide some of these things that miners can easily be exposed to.

1634
02:23:25,700 --> 02:23:31,780
And I know there's many places in the country that either restrict entrance to adults

1635
02:23:31,780 --> 02:23:39,200
only, or they put this material behind some type of a barrier so that accidental exposure

1636
02:23:39,200 --> 02:23:45,780
to a miner is not going to occur.

1637
02:23:45,780 --> 02:23:49,240
And I think that's what we're trying to do here.

1638
02:23:50,340 --> 02:24:01,020
I also agree that having a heavy background check and licensing and licensing a cost

1639
02:24:01,020 --> 02:24:07,120
for part-time employees that are hourly workers in some of these places doesn't make any sense either.

1640
02:24:07,720 --> 02:24:14,940
But I think the owner who's going to be operating these retail locations should be able to

1641
02:24:14,940 --> 02:24:22,620
know that they have to follow these restrictions and rules and and we want to make sure

1642
02:24:22,620 --> 02:24:28,440
that they're operating in a legal and inappropriate manner.

1643
02:24:29,360 --> 02:24:36,860
I know there was one reference here about being close to a location that was selling alcohol.

1644
02:24:36,860 --> 02:24:50,240
And I think having a location that's near a pizza parlor that has a beer and a wine shouldn't be restricted from that.

1645
02:24:50,240 --> 02:24:56,200
I know we have a couple of retailers that currently are offering some of these things,

1646
02:24:56,860 --> 02:25:01,960
so I think there probably needs to be some consideration for grandfathering of those locations,

1647
02:25:01,960 --> 02:25:09,100
because I wouldn't want someone who invested in putting in a business and it's operating

1648
02:25:10,000 --> 02:25:15,000
effectively. All of a sudden they have this going to affect and they feel that they

1649
02:25:15,000 --> 02:25:22,060
have to close shop and move somewhere else. So I think you're right. There's a lot of

1650
02:25:22,060 --> 02:25:27,960
things that we want to look at here and before we craft this into a final ordinance they

1651
02:25:27,960 --> 02:25:34,420
have to be considered. I think any type of a law in an ordinance is certainly a law. You

1652
02:25:34,420 --> 02:25:41,940
have to ask yourself, well what if? What if this happens or what if this happens and how can

1653
02:25:41,940 --> 02:25:54,620
we have a reasonable definitions and reasonable regulation that protects the miners in our community

1654
02:25:54,620 --> 02:25:59,240
and but also offers reasonable access for adults.

1655
02:26:00,300 --> 02:26:03,020
And if I could address a couple of those issues that you read them,

1656
02:26:03,420 --> 02:26:07,440
I think the first question about minors viewing kind of adult novelty items,

1657
02:26:09,480 --> 02:26:13,000
it can be dealt with in some ways through the this ordinance,

1658
02:26:13,440 --> 02:26:19,120
but also we could have a prohibition on having those types of items in the view of minors

1659
02:26:19,120 --> 02:26:23,840
without classifying those stores that's actually on a business, which might be a way to go,

1660
02:26:23,840 --> 02:26:26,760
depending on how the council wants to do it, but that's another option.

1661
02:26:28,060 --> 02:26:30,320
And just to clarify on the,

1662
02:26:30,380 --> 02:26:34,560
some of these location-specific items like being near a liquor store

1663
02:26:35,540 --> 02:26:37,660
and being adjacent to a proper line,

1664
02:26:38,060 --> 02:26:41,260
that was removed through five, seven,

1665
02:26:41,280 --> 02:26:44,300
twelve-eye for adult novelty or bookstores,

1666
02:26:44,520 --> 02:26:46,220
massage piles of adult entertainment entities,

1667
02:26:46,880 --> 02:26:52,040
removed those requirements like being close to liquor and so forth,

1668
02:26:52,040 --> 02:26:55,920
remove them from those requirements, but they're still ours under requirements, clearly.

1669
02:26:58,670 --> 02:26:59,850
Council member Rucing.

1670
02:27:00,710 --> 02:27:03,070
Thank you, I'd just like to make two comments.

1671
02:27:03,490 --> 02:27:06,630
I'd like to direct your attention to page 20.

1672
02:27:07,450 --> 02:27:12,250
Item G refers to the date February 10th, 1998.

1673
02:27:12,510 --> 02:27:17,510
I'm thinking maybe we might want to update that to at least 2023.

1674
02:27:20,010 --> 02:27:22,990
And I will say that wasn't a typo, but it is a consideration

1675
02:27:22,990 --> 02:27:30,770
And I think that it's one of those things we debated and quite frankly based on council direction change updating that could be helpful.

1676
02:27:31,130 --> 02:27:33,130
All right, and then thank you.

1677
02:27:33,190 --> 02:27:45,570
And then the other one is currently, we have the sexually oriented businesses restricted to industrial zone areas, which also conforms with the county zoning.

1678
02:27:45,570 --> 02:27:54,230
they do the same thing, and I'm concerned that if we open it up to everywhere that's

1679
02:27:54,230 --> 02:28:03,930
not residential, that we may create an area that's kind of like a strip, as I remember

1680
02:28:03,930 --> 02:28:13,330
in front of a lot of military bases, and for example, business general zoning does include residential,

1681
02:28:13,330 --> 02:28:28,310
And we have strip zoning all up and down girly that's all business general and I'm concerned that that would create a adult oriented businesses all up and down our main drag.

1682
02:28:28,370 --> 02:28:42,670
Also we have a medical building medical office and according to if we allow it in business general zoning, we could potentially have sexual oriented businesses.

1683
02:28:42,670 --> 02:28:51,230
next to our medical office, which I don't think would be a plus for our property values.

1684
02:28:51,710 --> 02:28:55,810
So I personally do not support changing.

1685
02:28:58,750 --> 02:29:02,250
I would just like to delete all of paragraph

1686
02:29:02,250 --> 02:29:09,450
I and keep it the same as industrial zone to areas. Thank you.

1687
02:29:10,330 --> 02:29:19,310
Thank you and if I may say I understand that and I will say though that the exception from being only in zoning industrial is only for those limited those three

1688
02:29:20,290 --> 02:29:24,070
business types not all business types but and also

1689
02:29:24,070 --> 02:29:34,610
Section C in that same Section 5 to 712C does prohibit sexually oriented businesses from being within 500 feet of another business.

1690
02:29:35,230 --> 02:29:42,430
So it will still deal with the idea of having sort of a red light district or a strip of such businesses, but that doesn't.

1691
02:29:42,430 --> 02:29:48,750
I'm sorry, just says sexual other sexually oriented businesses, it doesn't say just regular businesses.

1692
02:29:48,750 --> 02:29:55,910
Right, so it would be 500 from other sector oriented businesses to then the I see the point to prevent sort of it

1693
02:29:55,910 --> 02:29:57,790
With still being next to my medical office

1694
02:29:58,470 --> 02:29:59,970
You may have one next to my other

1695
02:30:00,000 --> 02:30:01,680
Well, office, but you all have a whole strip of them.

1696
02:30:02,040 --> 02:30:03,800
Oh, great. Thank you.

1697
02:30:06,870 --> 02:30:07,810
Council on Shishka.

1698
02:30:09,430 --> 02:30:10,050
Thank you, Mayor.

1699
02:30:11,330 --> 02:30:14,790
You know, I think that I saw a lot of letters from folks who ended their letter.

1700
02:30:14,830 --> 02:30:16,790
We need to protect our youth.

1701
02:30:18,130 --> 02:30:21,990
Well, and I would agree with that, but I also think that no one wants the press.

1702
02:30:22,110 --> 02:30:23,450
Good city council and their bedroom.

1703
02:30:25,410 --> 02:30:28,050
And so, you know, we need to really be careful.

1704
02:30:28,210 --> 02:30:29,530
We're not chasing our tale here.

1705
02:30:30,550 --> 02:30:39,010
swatting a fly with a sledgehammer instead of a fly swatter. You swat a fly with a

1706
02:30:39,010 --> 02:30:43,450
sledgehammer, there's probably going to be a lot of collateral damage, and I

1707
02:30:43,450 --> 02:30:49,390
think that we need to really, really consider and listen to the public today. I

1708
02:30:49,390 --> 02:30:56,370
think it's really important to just put this all in perspective for God's sake.

1709
02:30:56,370 --> 02:31:03,650
So I think that trying to regulate people's choices,

1710
02:31:03,790 --> 02:31:07,450
you know, our whole economy is built on choice.

1711
02:31:08,910 --> 02:31:11,970
And I think that by limiting choice,

1712
02:31:13,770 --> 02:31:15,310
we're going to run into a real problem.

1713
02:31:17,670 --> 02:31:22,370
And I also think that whose judgment

1714
02:31:22,760 --> 02:31:24,210
is it that it's erotic?

1715
02:31:24,210 --> 02:31:33,810
I mean, I had a professor who wouldn't let women who wore knee-length skirts sitting in the front row,

1716
02:31:34,890 --> 02:31:37,810
because he was tempted to look up their dress.

1717
02:31:38,890 --> 02:31:46,390
Well, the truth of the matter is, again, who is judging whether something is erotic or not?

1718
02:31:46,390 --> 02:32:02,450
That certainly, you know, wasn't too a normal person, but I think that we need to really, really, really take an account on what you folks say and how you would like to see us deal with this situation.

1719
02:32:03,490 --> 02:32:07,510
Because again, Prescott City Council has no place in your bedroom.

1720
02:32:13,890 --> 02:32:18,430
I don't think there was a single reference in this proposed ordinance with bedrooms.

1721
02:32:20,010 --> 02:32:23,280
Councilman Moore. Thank you, Mayor.

1722
02:32:25,320 --> 02:32:28,200
Reading this proposed ordinance was quite a slog.

1723
02:32:28,480 --> 02:32:29,460
It was a lot of material.

1724
02:32:31,500 --> 02:32:35,380
And I have to say that I really appreciate Mayor Protem's comments,

1725
02:32:35,820 --> 02:32:40,180
that in a lot of ways it's too broad and a lot of ways it's too specific.

1726
02:32:41,680 --> 02:32:48,200
And I think the conclusion that I've come to is as an elected body of the municipality,

1727
02:32:48,800 --> 02:32:54,260
We have limited powers, we have powers, but where do you draw the line?

1728
02:32:55,060 --> 02:32:58,880
We're trying to protect children from pornography, for example.

1729
02:32:59,880 --> 02:33:04,880
Well, how many children access pornography every day on their phones on their computers?

1730
02:33:05,860 --> 02:33:12,260
And we're trying to prevent people from having access to maybe products of a sexual nature

1731
02:33:12,860 --> 02:33:16,700
that they can just buy on the internet if they can't buy it out of store.

1732
02:33:16,700 --> 02:33:20,400
If you're going to prohibit them from buying at a store, they can just go online and buy it.

1733
02:33:20,820 --> 02:33:24,160
So are we going to start policing the internet and press get to?

1734
02:33:24,640 --> 02:33:28,860
And are we going to start seeing what people are prohibiting what they buy online?

1735
02:33:29,060 --> 02:33:32,500
I feel like this ordinance is just too broad.

1736
02:33:33,140 --> 02:33:36,240
And we're getting out in the weeds as a city council.

1737
02:33:36,940 --> 02:33:43,480
And I think we need to be really careful because of people's first amendment rights and privacy rights

1738
02:33:43,480 --> 02:33:47,080
that we're getting on the fringe of that

1739
02:33:49,710 --> 02:33:52,530
well I do want to mention the fact that

1740
02:33:52,530 --> 02:34:01,990
we've had this ordinance in effect since 1998 was it before then I think

1741
02:34:01,990 --> 02:34:04,850
that was the last time it was a man that was the last time it was okay so we're

1742
02:34:04,850 --> 02:34:10,050
not creating something brand new we're just trying to bring it up to some

1743
02:34:10,050 --> 02:34:16,570
reasonable current standard, and as speaking of that, I just want to let you know that the

1744
02:34:16,570 --> 02:34:20,930
Diamondbacks were a head one to nothing over the Phillies after the first inning.

1745
02:34:24,650 --> 02:34:26,690
Councilwoman Ken Tellmey.

1746
02:34:29,740 --> 02:34:30,960
So where do we go from here?

1747
02:34:31,080 --> 02:34:32,640
I'm confused with our clarity.

1748
02:34:34,180 --> 02:34:35,740
We're not going to scrap the whole thing.

1749
02:34:35,860 --> 02:34:39,100
We're talking about move to a period with some modifications.

1750
02:34:39,320 --> 02:34:41,180
Have we all agreed on those modifications?

1751
02:34:41,980 --> 02:34:43,080
How do we go forward?

1752
02:34:43,080 --> 02:34:49,080
And if there's, if you feel it's too, too many modifications, I would still like a vote.

1753
02:34:49,080 --> 02:35:00,760
I'm modifications to bring back to you, but it can either be a vote on modifications to incorporate and bring back to you or modifications to then go forward and publish to the public.

1754
02:35:00,760 --> 02:35:07,940
Well, so the qualifying 20 percent, can we just start with that one?

1755
02:35:08,160 --> 02:35:14,840
If you're talking about Walmart and their little small section of condoms and in relation

1756
02:35:14,840 --> 02:35:19,700
to that giant store, I'm just going to take a guess, it's probably 1 percent of the business.

1757
02:35:20,300 --> 02:35:25,420
How do we move forward on just that reinstate the threshold for qualifying as an adult

1758
02:35:25,420 --> 02:35:27,180
novelty store for 20 percent?

1759
02:35:27,740 --> 02:35:29,100
Is that safe to do that?

1760
02:35:30,460 --> 02:35:38,920
That's a threshold that's used in some jurisdiction, and it 20% is also used not specifically for this reason, but also used within the ordinance for some other requirements.

1761
02:35:39,120 --> 02:35:43,360
That's why 20% was thrown up there, but the ultimately the number is up to debate.

1762
02:35:43,840 --> 02:35:52,500
But we'll say that it can be done either through grocery seats or the shelf space, the way we define 20% is still an open question.

1763
02:35:52,500 --> 02:35:59,960
So, if you want to make sure that we equalize all businesses and we don't carve out any particular business.

1764
02:36:01,060 --> 02:36:10,100
In my mind, 20% seems reasonable. If you tip over to 50%, 75%, then you're probably in the business of distributing those materials.

1765
02:36:11,460 --> 02:36:16,780
Let's move on to the next one. Who cares about the word erotic? It is erotic, whatever.

1766
02:36:16,780 --> 02:36:18,200
I mean, I don't care about that.

1767
02:36:18,360 --> 02:36:22,220
The nudity part, yeah, I think that that has a place a big part of it.

1768
02:36:22,520 --> 02:36:26,580
So can we at least agree that that's a part of the modifications?

1769
02:36:29,260 --> 02:36:34,800
Again, for clarity, do we just go home and make our own modification lists and give it to you?

1770
02:36:34,900 --> 02:36:36,060
I mean, how do we go forward?

1771
02:36:36,360 --> 02:36:39,740
I think either through a vote or through direction here, if there's a polling.

1772
02:36:39,820 --> 02:36:41,920
Either way is fine, and I think it would be appropriate.

1773
02:36:41,920 --> 02:36:47,940
And making these changes, for example, the erotic, to be honest, as the prosecution side of

1774
02:36:47,940 --> 02:36:51,140
my office, it would help our office to have better clarity and enforcement.

1775
02:36:51,800 --> 02:36:53,560
So you would prefer to keep the word erotic.

1776
02:36:53,780 --> 02:36:56,920
I'd prefer just for my purposes, I'd prefer to remove it.

1777
02:36:57,060 --> 02:36:57,620
Oh, remove it.

1778
02:36:58,200 --> 02:36:59,380
Well, that would have no problem.

1779
02:36:59,720 --> 02:37:03,080
You know, personally, if we're taking a polling vote, I would like to see these stay in

1780
02:37:03,080 --> 02:37:04,760
the industrial area areas.

1781
02:37:04,800 --> 02:37:10,820
I would like to see licensing because we do have sex offenders that also are attracted to

1782
02:37:10,820 --> 02:37:15,260
kind of thing. I think they do should have licensing. And remember, all businesses should have

1783
02:37:15,260 --> 02:37:19,760
licensing. So I think that that's an equalization situation.

1784
02:37:21,860 --> 02:37:22,840
I would have no problem

1785
02:37:22,840 --> 02:37:26,900
obscuring some of these things. There are some things that I think if parents want to go

1786
02:37:26,900 --> 02:37:29,960
in there and shop for a bottle of water, maybe it shouldn't.

1787
02:37:30,000 --> 02:37:35,840
Yeah, and the open. You know, some people would think that's wrong. But I personally, I think that's not a problem.

1788
02:37:38,020 --> 02:37:39,280
Let me see what was the other thing.

1789
02:37:39,800 --> 02:37:58,900
The parental, is that there are states, state law that even with the pair, I mean, you can't take a six year old into a building and the parent comes along and he says or she says to the property owner, the business owner, I want my six year old to go into that booth and watch these pornography.

1790
02:37:58,900 --> 02:38:07,740
I mean, could it happen? Sure. But do we try to prevent somebody with no judgment from bringing

1791
02:38:07,740 --> 02:38:12,120
their children in there? I'm sort of in favor of that. I mean, I don't think it's right.

1792
02:38:12,440 --> 02:38:15,740
And yeah, I know there's a certain certain sect of people out there that think that's okay.

1793
02:38:16,580 --> 02:38:21,820
But we have a lot of proof. People build their practices on situations like that.

1794
02:38:22,440 --> 02:38:27,980
So, again, do we go back to the drawing table and bring our own modifications forward from here?

1795
02:38:29,900 --> 02:38:34,480
That's up to Council, I prefer some sort of voter direction or polling here, because I'd

1796
02:38:34,480 --> 02:38:36,980
like to hear from the Council as a whole rather than individuals.

1797
02:38:37,340 --> 02:38:43,300
It's hard to deal with kind of one-off changes, so I prefer polling, but I want to

1798
02:38:43,300 --> 02:38:44,780
address two things on the licensing.

1799
02:38:46,340 --> 02:38:49,480
Under the way it's currently drafted, any sexual awareness business would have to license

1800
02:38:49,480 --> 02:38:54,160
the owner would have to license, and where employees are not required to license, which are

1801
02:38:54,160 --> 02:38:58,320
and employees of novelty stores, they would have to certify

1802
02:38:58,320 --> 02:39:02,000
that their employees are not registered sex offenders.

1803
02:39:02,620 --> 02:39:03,560
So there is that requirement.

1804
02:39:05,460 --> 02:39:08,230
Regarding the parental, just to clarify your question,

1805
02:39:09,460 --> 02:39:10,300
is there a state ordinance?

1806
02:39:10,600 --> 02:39:12,600
Yes, there is a state ordinance, and it deals with

1807
02:39:12,600 --> 02:39:15,360
prohibiting harmful material to minors is the name of the ordinance.

1808
02:39:16,200 --> 02:39:18,240
And it essentially is pornography,

1809
02:39:19,200 --> 02:39:21,820
and that is prohibited for minors.

1810
02:39:21,820 --> 02:39:25,500
Now, this ordinance goes a little bit beyond pornography.

1811
02:39:26,660 --> 02:39:29,100
When we deal about nudity, nudity is necessarily

1812
02:39:29,100 --> 02:39:30,180
qualifies pornography.

1813
02:39:31,500 --> 02:39:34,640
So it is a little bit broader, and that's why the question

1814
02:39:34,640 --> 02:39:38,080
is raised whether we want to allow parental consent

1815
02:39:38,080 --> 02:39:38,780
or not.

1816
02:39:39,180 --> 02:39:42,200
Then, quite frankly, I have no recommendations either way on that.

1817
02:39:43,360 --> 02:39:46,640
So for today, do we go ahead and make a motion

1818
02:39:46,640 --> 02:39:48,520
that we move to approve with modifications?

1819
02:39:53,190 --> 02:39:54,550
OK, no, I'm sorry.

1820
02:39:54,550 --> 02:39:56,090
I just want to work out.

1821
02:39:56,410 --> 02:40:00,010
We're not really making a motion on this.

1822
02:40:00,610 --> 02:40:05,890
You're going to make your recommendations to our city attorney about what issues you'd

1823
02:40:05,890 --> 02:40:14,330
like to modify, eliminate, keep, et cetera, so that he can work on another draft.

1824
02:40:14,930 --> 02:40:19,030
That's going to be closer to being acceptable as being a voted in ordinance.

1825
02:40:19,730 --> 02:40:20,850
Thank you.

1826
02:40:22,820 --> 02:40:23,560
Mayor Protem.

1827
02:40:23,920 --> 02:40:24,380
Thank you, Mayor.

1828
02:40:24,380 --> 02:40:30,840
Yeah, I still have some questions before we start making motion, so I would appreciate the opportunity to ask those questions.

1829
02:40:31,960 --> 02:40:39,740
One of the things you mentioned, Joe, is the business does have to certify that their employees are not sex offenders? Is that correct?

1830
02:40:41,260 --> 02:40:41,480
Yes.

1831
02:40:41,700 --> 02:40:47,820
Okay, and so, again, I guess my question would be,

1832
02:40:47,820 --> 02:40:53,540
They're the means for them to do that to be able to comfortably as a business order to

1833
02:40:53,540 --> 02:40:56,920
comfortably certify that presumably would be a background check.

1834
02:40:57,920 --> 02:41:04,060
Well, no, okay, we have a sex offender registration where people can be

1835
02:41:04,060 --> 02:41:04,500
stopped.

1836
02:41:04,740 --> 02:41:06,760
So it just be, go online and look it up.

1837
02:41:07,020 --> 02:41:08,460
Okay, so they don't have to do background check, okay.

1838
02:41:08,760 --> 02:41:13,480
But they do have to pay a licensing fee for a registered for them, for themselves, just as

1839
02:41:13,480 --> 02:41:13,640
on it.

1840
02:41:13,640 --> 02:41:15,300
But not the employees.

1841
02:41:15,300 --> 02:41:18,400
It depends on the business. So for adult novelty stores.

1842
02:41:19,260 --> 02:41:24,640
Not they don't have to pay for the employees under the way it's currently drafted and this can go either direction as capital C's fit.

1843
02:41:25,040 --> 02:41:30,820
But no for adult novelty stores. There's no requirement for employees to be licensed and for part time employees. There's no requirement.

1844
02:41:31,140 --> 02:41:34,900
Okay. What are the requirements where they would have to pay for the license of the employees?

1845
02:41:35,580 --> 02:41:36,840
Full time employees.

1846
02:41:38,380 --> 02:41:44,160
Or at adult not at little novelty stores or at full time employees at any business other than adult novelty stores.

1847
02:41:44,160 --> 02:41:51,300
Okay, so the traveling, I guess I'm imagining if we had someone who put together a traveling

1848
02:41:51,300 --> 02:41:55,820
cabaret show that, you know, met that definition of what we would think of as sexually

1849
02:41:55,820 --> 02:42:00,460
wearing a business in this, would the person who is running sound have to pay, would they have

1850
02:42:00,460 --> 02:42:02,600
to pay to license that person?

1851
02:42:04,880 --> 02:42:07,360
As it's drafted, if they're full-time employee, then yes.

1852
02:42:07,640 --> 02:42:08,020
Okay.

1853
02:42:11,020 --> 02:42:12,240
It counts one more.

1854
02:42:14,270 --> 02:42:14,870
Thank you, Mayor.

1855
02:42:14,870 --> 02:42:28,910
I guess part of my angst with this proposal, as I think, we've lumped together into sexually

1856
02:42:28,910 --> 02:42:30,030
oriented businesses,

1857
02:42:32,550 --> 02:42:36,550
maybe businesses that provide goods and businesses that provide services.

1858
02:42:37,930 --> 02:42:40,290
And I think that's a concern for me.

1859
02:42:40,350 --> 02:42:45,310
I mean, it's not uncommon in large cities, such as Phoenix.

1860
02:42:45,310 --> 02:42:51,290
You go down nice 17 and you can see billboards and signs for stores like fascinations or

1861
02:42:52,230 --> 02:42:55,450
As once called these essentials for lovers or something that you see you see the signs

1862
02:42:55,450 --> 02:43:01,710
Okay, and they're they're retail stores and I'm a retail store for example

1863
02:43:02,450 --> 02:43:09,870
They're not providing massages. They're not providing archaids. They're not providing cabaret shells. It's just a retail store

1864
02:43:09,870 --> 02:43:12,610
So I guess a concern I have is lumping

1865
02:43:14,290 --> 02:43:21,110
retail stores and making it more onerous on them like licensing and burdensome. I

1866
02:43:21,110 --> 02:43:25,890
own a small business. I don't have to pay a $500 fee, you know, licensing fee.

1867
02:43:26,150 --> 02:43:32,710
So I think we need to look at how we're being unequal in what we're

1868
02:43:32,710 --> 02:43:38,910
levying on a small business because the nature of their business. And so I just

1869
02:43:38,910 --> 02:43:41,530
have a problem with several elements of this ordinance.

1870
02:43:42,350 --> 02:43:46,990
And I will say that this was all in the ordinance before we got to this point.

1871
02:43:48,130 --> 02:43:49,750
So we can change that.

1872
02:43:50,190 --> 02:43:56,110
But it's not, none of that is new in terms of having stores and places for services under

1873
02:43:56,110 --> 02:43:56,750
the same ordinance.

1874
02:43:56,890 --> 02:43:59,170
And I'll say that in Phoenix it's the same way.

1875
02:43:59,250 --> 02:44:03,650
And so you'll see essentials for lovers or whatever go through this licensing process

1876
02:44:03,650 --> 02:44:04,230
in Phoenix.

1877
02:44:05,630 --> 02:44:16,210
So that part is not necessarily abnormal, but certainly it's a consideration as, and as you move forward and decide what direction we're going to go, that can be determination you make.

1878
02:44:18,330 --> 02:44:18,910
Mayor for a time.

1879
02:44:19,130 --> 02:44:19,910
Thank you, Mayor.

1880
02:44:20,290 --> 02:44:28,670
I guess I would tend to agree with what Eric saying that I think one of the problems I have in reading this ordinance, it's trying to do too much all at once.

1881
02:44:29,410 --> 02:44:38,030
It combines a lot, and I know that that's, I understand that historically that's how this ordinance was poorly written years ago, and it continues to be poorly written in that way.

1882
02:44:38,930 --> 02:44:44,590
I guess the other thing I over that I appreciated that Eric said was, you know, as,

1883
02:44:45,510 --> 02:44:52,650
who I imagine being the only parent of a minor child that's on this council up here, and I happen to be a parent of two minor child children.

1884
02:44:52,650 --> 02:44:56,590
I don't really particularly want the city of Prescott to get in the business of raising my kids.

1885
02:44:57,350 --> 02:44:58,250
I want to do it myself.

1886
02:45:00,000 --> 02:45:29,980
I imagine most parents feel that way. And so I think we have to be careful about regulating how people raise their children a little bit. That's a huge concern I have. Now, do I think that, you know, if a parent is commuting abuse against a child, which, you know, certainly could go in the way of, you know, exposing them to sexually oriented businesses potentially, there's there's a reality, but I think at the end of the day, we already have laws in effect that deal with those issues. So I don't know that waiting into over regulating things is what we need to do.

1887
02:45:30,000 --> 02:45:32,920
And I think if I had my brothers about this,

1888
02:45:33,020 --> 02:45:35,360
I would break this up into very specific things.

1889
02:45:35,700 --> 02:45:39,120
I would have one that deals with massage parlors specifically.

1890
02:45:39,260 --> 02:45:44,220
I would have a separate ordinance that dealt with the novelty source

1891
02:45:44,220 --> 02:45:44,720
specifically.

1892
02:45:44,880 --> 02:45:46,500
And one that's dealt with trialing shows.

1893
02:45:46,800 --> 02:45:49,640
Because I think it gives the city more flexibility.

1894
02:45:50,320 --> 02:45:54,160
If we move forward and we say, OK, we've dealt with the adult novelty

1895
02:45:54,160 --> 02:45:54,920
story issue.

1896
02:45:55,300 --> 02:45:56,220
And we've established parameters.

1897
02:45:56,520 --> 02:45:58,680
And maybe we think that 20% isn't that big of a deal.

1898
02:45:58,680 --> 02:46:04,300
And then come to find out that we're having a disproportionate economic impact on a small business owner in this community.

1899
02:46:04,740 --> 02:46:08,700
We could get that feedback and modify without having to go through this whole process again,

1900
02:46:09,040 --> 02:46:13,100
which is I think part of the problem here is that we're trying to do too many things at once.

1901
02:46:13,500 --> 02:46:17,740
So that's my opinion, and I don't know how to put that into emotion or a vote,

1902
02:46:17,960 --> 02:46:24,000
and I don't expect the city, you know, I don't want to go home with homework because I don't think I'm going to get out of here until six.

1903
02:46:24,000 --> 02:46:29,260
So, I would suggest that maybe there's a way to break it up into pieces.

1904
02:46:36,300 --> 02:46:45,960
All right, I think we can take some public comment at this point and maybe get some input on things that we are considering.

1905
02:46:46,320 --> 02:46:54,980
We haven't considered just so that we have a broader understanding of what the community is interested in in this area.

1906
02:46:57,180 --> 02:46:57,540
All right.

1907
02:46:58,260 --> 02:47:03,540
First comment card is before we do that. The fill is just tied it up. It's one to one.

1908
02:47:05,180 --> 02:47:06,300
Jay Ruby.

1909
02:47:21,370 --> 02:47:26,570
Opportunity to speak and address what I think is a critical issue.

1910
02:47:27,670 --> 02:47:28,870
Please begin to the microphone sir.

1911
02:47:29,210 --> 02:47:31,890
Begin to the mic. I usually just boom my voice.

1912
02:47:32,630 --> 02:47:35,930
I expect two things from elected officials in our country.

1913
02:47:37,150 --> 02:47:40,670
One protect the agreement that keeps our union together.

1914
02:47:40,670 --> 02:47:42,050
the Constitution.

1915
02:47:42,930 --> 02:47:47,970
To guard the common good, starting with our tax dollars,

1916
02:47:48,510 --> 02:47:50,550
I'm here to address the pending resolution

1917
02:47:50,550 --> 02:47:53,850
City Code chapter 5 through 7, which has just been discussed.

1918
02:47:54,690 --> 02:47:58,350
As the producer and founder of the free all ages

1919
02:47:58,350 --> 02:48:02,730
performance festival that brought tens of thousands of people

1920
02:48:02,730 --> 02:48:05,310
to the Prescott Courthouse Plaza over 15 years,

1921
02:48:05,810 --> 02:48:08,630
I look at this resolution, and I could see

1922
02:48:08,630 --> 02:48:11,490
are family, friendly, festival, tsunami on the square,

1923
02:48:12,070 --> 02:48:14,170
having been in breach of this ordinance.

1924
02:48:15,230 --> 02:48:18,750
When John Tanuse, eventual executive director of Smoke

1925
02:48:18,750 --> 02:48:20,830
I'm Museum and Coconino Center for the Arts,

1926
02:48:21,230 --> 02:48:24,330
wore a grass skirt and coconut breasts to sing

1927
02:48:24,330 --> 02:48:27,430
with the ukulele at the first tsunami on the square.

1928
02:48:27,870 --> 02:48:30,970
Was he in breach because the coconuts

1929
02:48:30,970 --> 02:48:33,910
were occupying specific anatomical areas?

1930
02:48:33,910 --> 02:48:52,450
When world-renowned Japanese Buto dancers, Koichi and Haroko Tamano performed in kimonos on the courthouse plaza satirizing female expressions emphasizing their hips and pelvis could that have been considered specified sexual activity.

1931
02:48:52,450 --> 02:49:04,690
When young male Afro-Brazilian copuera dancers performed shirtless in tight shorts, were they performing in a semi-nude condition,

1932
02:49:05,470 --> 02:49:13,290
would the observable surge of teenage girls before their performance be construed as specified sexual activity?

1933
02:49:13,290 --> 02:49:19,650
When the mayor of Clark Dale's wife, Belly danced, articulating her hips and rhythmic

1934
02:49:19,650 --> 02:49:25,990
undulation in front of a clapping public, was she emphasizing specific sexual activity?

1935
02:49:27,310 --> 02:49:30,450
Who here can legitimately answer these questions?

1936
02:49:31,490 --> 02:49:37,430
Or, what is lacking in artistic literary political or educational value?

1937
02:49:38,170 --> 02:49:40,550
The answer is no one can.

1938
02:49:40,550 --> 02:49:46,770
They are subjected to taste, and there is no reasonable or current standard for taste.

1939
02:49:47,270 --> 02:49:53,510
We lose the character of our country when ordinances like this legitimize government over

1940
02:49:53,510 --> 02:49:53,970
reach.

1941
02:49:54,610 --> 02:50:00,830
Legislating morality through legal code is what the communist regimes of Eastern Europe did.

1942
02:50:01,190 --> 02:50:05,050
Preskit City Council should be better than Stalin's Minions.

1943
02:50:05,050 --> 02:50:10,950
This ordinance will also fail, because it's in violation of the First Amendment, and when

1944
02:50:10,950 --> 02:50:14,870
it fails, press it could get sued and lose money.

1945
02:50:15,230 --> 02:50:21,550
As a taxpayer, I will resent our community's financial loss, because our city council

1946
02:50:21,550 --> 02:50:25,270
approved legislating morality and taste.

1947
02:50:25,890 --> 02:50:32,750
Dear city council and mayor, please do the right thing, stop government overreach, and protect

1948
02:50:32,750 --> 02:50:41,050
the first amendment and our tax dollars, do not waste any more time or money on this ordinance.

1949
02:50:41,690 --> 02:50:42,730
Thank you.

1950
02:50:46,450 --> 02:50:47,770
Candace divine Sheridan?

1951
02:50:53,240 --> 02:50:58,880
Good evening council. Mr. Mayor and Mr. Mayor pretend. My name is Candace divine Sheridan.

1952
02:50:59,160 --> 02:51:03,880
I stand before you first and foremost the mother of the coolest state-year-old you'll ever meet.

1953
02:51:04,860 --> 02:51:10,960
I'm also a wife and a business owner in town. I'm co-owner of Sheridan property group and I am

1954
02:51:10,960 --> 02:51:15,360
the president and owner of further west, which is a live event, production company female

1955
02:51:15,360 --> 02:51:15,800
lead.

1956
02:51:16,220 --> 02:51:20,800
More than half my team are mothers that live in this city, having children from the ranges

1957
02:51:20,800 --> 02:51:22,700
of 4 to 18.

1958
02:51:23,820 --> 02:51:27,160
I'm going to start with, I put on about 8 to 10 events a year in town, but I'm going to start

1959
02:51:27,160 --> 02:51:32,660
with the largest event just to kind of personify the overreach of this ordinance.

1960
02:51:33,320 --> 02:51:36,540
I put on the pure imagination music festival at Watson Lake.

1961
02:51:36,540 --> 02:51:42,860
Under this ordinance, the National Treasurer Dally Parton would get me in trouble because

1962
02:51:42,860 --> 02:51:49,320
her costuming has specifically done things that show underboob sideboob potentially

1963
02:51:49,320 --> 02:51:50,040
buttocks.

1964
02:51:51,000 --> 02:51:56,540
When you put something like this through to your point, Mr. Montoya, it's so broad you're

1965
02:51:56,540 --> 02:52:01,500
now asking me as a business owner to police artists that I don't even know what they're

1966
02:52:01,500 --> 02:52:03,780
going to be wearing until they go on stage.

1967
02:52:03,780 --> 02:52:07,060
Our event, our festival, is family friendly.

1968
02:52:07,500 --> 02:52:12,900
I leave it to the parents to decide if they believe a music festival is an appropriate place

1969
02:52:12,900 --> 02:52:13,860
to bring a child.

1970
02:52:14,440 --> 02:52:20,140
I can tell you, past the last two years, more parents than not have said what an incredible

1971
02:52:20,140 --> 02:52:25,980
event, how lovely that we've brought so much culture and music and diversity of sound

1972
02:52:25,980 --> 02:52:29,360
into our beautiful landscapes and that my child gets to witness it.

1973
02:52:30,000 --> 02:52:35,840
We're putting me in a position to not be able to do that for my business. You are squashing my business

1974
02:52:35,840 --> 02:52:41,480
liberty, the first amendment rights of my performers, and putting me in a position that also affects

1975
02:52:41,480 --> 02:52:48,700
our economy as a whole. I employ hundreds of people for this event. That is inclusive of and not

1976
02:52:48,700 --> 02:52:55,320
limited to the PUSD buses and the bus drivers, the off-duty police officers, all of our local food trucks,

1977
02:52:55,320 --> 02:53:00,240
are easy rangers, or local musicians, or local artists, or local performance artists,

1978
02:53:00,400 --> 02:53:02,840
or local bartenders, or local vendors.

1979
02:53:03,440 --> 02:53:09,020
I also get a ton of aid and sponsorship and partnership with 25 to 50 other businesses

1980
02:53:09,020 --> 02:53:14,240
in town who support my festival because of the direct correlation to advertising for their

1981
02:53:14,240 --> 02:53:14,860
businesses.

1982
02:53:15,400 --> 02:53:19,780
And I hire set up crews, clean up crews, parking crews, ticketing crews.

1983
02:53:20,060 --> 02:53:21,580
I hire the kayaking vendors.

1984
02:53:21,580 --> 02:53:32,420
And I also hire our indigenous brothers and sisters to come speak to our festival, bless our indigenous lands and remind everybody to keep our areas clean, excuse me, it's clean as possible.

1985
02:53:33,140 --> 02:53:36,820
This ordinance envelopes all of it.

1986
02:53:37,060 --> 02:53:46,760
And so you're looking at something that is a wonderful experience for our community, which I had 4,000 plus people, the first year of our community, 6,000 people last year.

1987
02:53:46,760 --> 02:53:52,900
We're growing. I can't wait to share who's on our festival line up for 2024. But under this ordinance,

1988
02:53:53,760 --> 02:53:56,040
one, I don't know how it's going to be enforced. And two,

1989
02:53:57,080 --> 02:54:02,420
am I to be frightened that I'll be hold off in handcuffs if one of my performers shows up in a

1990
02:54:02,420 --> 02:54:10,060
crop top with underbub? How are you going to enforce this? How are you going to decide what's appropriate

1991
02:54:10,060 --> 02:54:15,440
and not appropriate in the culmination of something so artful being put on its feet?

1992
02:54:15,440 --> 02:54:17,900
So, I stand with J. Ruby on that front.

1993
02:54:18,080 --> 02:54:21,540
The first amendment here is in great question for sure.

1994
02:54:21,640 --> 02:54:27,140
Your squashing business liberty, and I think it needs to be divided into very specific

1995
02:54:27,140 --> 02:54:32,700
lanes and take a lot more time on this, because you are inevitably affecting the economy

1996
02:54:32,700 --> 02:54:35,400
as a whole, with something this broad.

1997
02:54:35,880 --> 02:54:36,420
Thank you.

1998
02:54:40,950 --> 02:54:47,010
I'm going to ask you again, not to demonstrate and make clapping or booing sounds for anything

1999
02:54:47,010 --> 02:54:51,550
also otherwise we'll eliminate future comments from the public.

2000
02:54:52,030 --> 02:54:58,490
So I ask you for decorum and let's allow everyone to make their statements without

2001
02:54:58,490 --> 02:54:59,130
comment.

2002
02:55:00,310 --> 02:55:01,410
Judy Stahl.

2003
02:55:08,740 --> 02:55:11,400
Hello council Mayor, Mayor Procham, and council members.

2004
02:55:11,800 --> 02:55:12,820
My name is Judy Stahl.

2005
02:55:13,240 --> 02:55:21,460
I've been a practicing massage therapist in Preskitz since 1992 and I want you to know that

2006
02:55:21,460 --> 02:55:29,000
Arizona State Board of Massage Therapy is the body that regulates the practice of massage therapy

2007
02:55:29,000 --> 02:55:37,120
in Arizona and requires, at this point in time, background checks that will protect the

2008
02:55:37,120 --> 02:55:44,180
public when licensed massage therapists are practicing within our city limits. I really appreciate

2009
02:55:44,180 --> 02:55:52,380
what city attorney young brought up today about the concerns, first of all, with those issues.

2010
02:55:52,540 --> 02:55:58,300
If we put in to whatever ordinance you may determine to put forward regarding massage therapy,

2011
02:55:58,900 --> 02:56:05,340
if you simply put in that someone who is licensed in good standing with the Arizona State Board

2012
02:56:05,340 --> 02:56:10,520
of Massage Therapy, that that's what is a massage therapist within the city of Prescott.

2013
02:56:10,520 --> 02:56:14,640
then you are protecting the citizens completely.

2014
02:56:15,060 --> 02:56:19,940
If there's someone who is practicing something and they are claiming that it is massage,

2015
02:56:21,520 --> 02:56:27,300
legally they are not allowed to do that because they are required to be licensed to use those

2016
02:56:27,300 --> 02:56:30,740
terminology whatsoever in the state of Arizona.

2017
02:56:31,640 --> 02:56:39,200
And if someone is claiming that they're doing massage, the city can of course, if there's

2018
02:56:39,200 --> 02:56:42,960
complaint that there's something going on that's nefarious.

2019
02:56:43,400 --> 02:56:44,680
The city can look into it.

2020
02:56:44,800 --> 02:56:49,000
I would imagine that the city can go in and check and see whether or not those people

2021
02:56:49,000 --> 02:56:56,520
have a license to practice, but to put in massage parlor after the decades that we have

2022
02:56:56,520 --> 02:57:03,120
spent attempting to make clear that massage therapy is not sex.

2023
02:57:03,120 --> 02:57:07,100
In fact, massage therapy is medicine.

2024
02:57:07,600 --> 02:57:15,500
Massage therapy is now a practice through the Veterans Administration that is offered with

2025
02:57:15,500 --> 02:57:21,340
a definition of massage therapy and all of the research and data showing how it is medicine

2026
02:57:21,340 --> 02:57:26,560
that is offered to the Veterans Administration clientele throughout the country.

2027
02:57:26,560 --> 02:57:33,660
This is the largest health care system in the country and massaged therapy is a provided therapy.

2028
02:57:34,220 --> 02:57:41,500
So it is not massage parlors, it is actual medicine, and so the fact that we've got a state

2029
02:57:41,500 --> 02:57:47,600
licensure law that covers the practice of massage therapy, and the fact that it is now absolutely

2030
02:57:47,600 --> 02:57:55,540
demonstrated to be medicine, you know, the research is undeniable, it is massive, and it has

2031
02:57:55,540 --> 02:58:02,080
coming about for many years. I really do not want to see the word massage used in any way

2032
02:58:02,080 --> 02:58:07,160
related to sexually-oriented businesses. You know, someone even mentioned earlier, well,

2033
02:58:07,240 --> 02:58:12,380
if we're talking about massage parlors, it's such a loosely used phrase at this point. And of

2034
02:58:12,380 --> 02:58:17,220
course, it goes right up the spine of someone who's been providing this medicine that, finally,

2035
02:58:17,820 --> 02:58:24,300
is recognized as medicine and is provided to clientele, helping with things such as cancer pain,

2036
02:58:24,300 --> 02:58:30,800
postoperative pain, PTSD therapy, anxiety, depression, and on and on.

2037
02:58:31,720 --> 02:58:39,600
So I cannot give up the practice of my profession to something that is described as sex

2038
02:58:39,600 --> 02:58:45,480
and sexually oriented businesses because that also makes it very difficult for who our

2039
02:58:45,480 --> 02:58:50,020
licensed massage therapist to practice without perhaps having someone contact us and

2040
02:58:50,020 --> 02:58:54,280
say, yeah, I want to come in and get a massage and then they come in and they want

2041
02:58:54,280 --> 02:58:55,620
there's something other than

2042
02:58:56,020 --> 02:58:57,060
professional such there.

2043
02:58:58,080 --> 02:58:59,940
Please conclude your remarks.

2044
02:59:00,860 --> 02:59:05,280
So the bottom line for me is

2045
02:59:05,280 --> 02:59:07,980
please don't do this without

2046
02:59:07,980 --> 02:59:10,260
making sure that you are really clear

2047
02:59:10,260 --> 02:59:12,660
on what the results are going to be

2048
02:59:12,660 --> 02:59:13,800
of what you're doing.

2049
02:59:14,440 --> 02:59:16,320
I appreciate what a lot of folks

2050
02:59:16,320 --> 02:59:18,460
have said here today regarding the city

2051
02:59:18,460 --> 02:59:21,500
regulating what's going on in people's lives

2052
02:59:21,500 --> 02:59:27,020
In ways that it doesn't seem like there's really much of a problem that couldn't be handled

2053
02:59:27,020 --> 02:59:32,000
through just using the police and going to the State Board of Massage Therapy.

2054
02:59:32,320 --> 02:59:33,500
Thank you.

2055
02:59:33,940 --> 02:59:35,080
Patty Michelle Schaefer?

2056
02:59:40,160 --> 02:59:46,560
Good evening, City Council Mayor, Mayor Protem, Council members and staff.

2057
02:59:47,400 --> 02:59:54,620
My name is Patty Michelle Schaefer and I recently retired here, handful of years ago,

2058
02:59:55,640 --> 02:59:59,940
and from the Air Force Space and Missile System Center in Los Angeles where I was

2059
03:00:00,000 --> 03:00:20,820
This year to scientists, for 37 years, now it's called Space Command. That was a fairly recent change. Working on hypersonic nuclear weapons at the secret level and missile defense, but also climate breakdown and chemical management comments relative to this issue, please.

2060
03:00:20,820 --> 03:00:23,140
Yes, I'm going to do that right now.

2061
03:00:23,760 --> 03:00:28,920
So the first 17 years of working at the Air Force Space Command,

2062
03:00:29,760 --> 03:00:30,820
my name was Patrick.

2063
03:00:32,040 --> 03:00:34,880
The next 19 years, my name was Patricia.

2064
03:00:36,500 --> 03:00:41,500
So they helped me repair a birth defect that was very important in my life,

2065
03:00:41,920 --> 03:00:44,260
and I was able to continue my research.

2066
03:00:44,260 --> 03:00:53,000
At that time, I became aware of my fantastic and unfelt because it's asymptomatic ignorance

2067
03:00:53,000 --> 03:00:56,700
of the LGBT community because I had no idea.

2068
03:00:57,460 --> 03:01:03,540
I mean, we can all agree pretty clearly about certain things, but it strikes me that

2069
03:01:03,540 --> 03:01:10,760
this sort of thing might be impinging on their rights of that community, whose struggles

2070
03:01:10,760 --> 03:01:16,380
a lot. And you can imagine while I was going through this transition from Patrick to Patricia,

2071
03:01:17,020 --> 03:01:23,820
your laws might have impacted me if I'd have driven through this town. So there may be some

2072
03:01:23,820 --> 03:01:29,300
ignorance, because I know what you feel like. I was completely ignorant of that community

2073
03:01:29,300 --> 03:01:35,780
until I was in my forties. And then I met these people and realized they have their own concerns

2074
03:01:35,780 --> 03:01:45,560
And they're just other citizens like us and they're not going out, making sex parlors, or massage, or anything like that.

2075
03:01:45,980 --> 03:01:50,840
But yet they're impacted by laws like this that don't define things well.

2076
03:01:51,380 --> 03:01:55,740
For instance, during that transition, did I look erotic?

2077
03:01:56,460 --> 03:02:01,740
I don't know. Do I look erotic now? Do my classmates at Yavapy College? Look erotic.

2078
03:02:01,740 --> 03:02:08,500
So it may be a bad law, and it might be important to consider this aspect of your constituency

2079
03:02:08,500 --> 03:02:11,760
who you may not have any friends who are LGBT.

2080
03:02:12,580 --> 03:02:17,700
You may not have family members who are LGBT, but we have specialists in this town, many

2081
03:02:17,700 --> 03:02:22,980
of the churches, actually have outreach programs to these people, and can provide you with

2082
03:02:22,980 --> 03:02:25,940
information on what's going on in their communities.

2083
03:02:26,600 --> 03:02:27,760
Thank you very much.

2084
03:02:29,900 --> 03:02:32,780
Sherry Hannah, she's still here.

2085
03:02:39,280 --> 03:02:40,540
Kathleen Sauer?

2086
03:02:41,240 --> 03:02:42,280
Hopefully it's at that rate?

2087
03:02:46,920 --> 03:02:47,480
Good afternoon.

2088
03:02:48,780 --> 03:02:52,340
Mayor, Mayor, Protem, City Council members, and City staff.

2089
03:02:53,420 --> 03:02:58,300
I'd like to focus on the additions, the current additions, not the ones on the screen,

2090
03:02:58,580 --> 03:03:02,820
to chapter 5-7 that are in violation of the First Amendment of the U.S. Constitution,

2091
03:03:03,540 --> 03:03:07,020
and that they target a protected class and are unconstitutionally vague.

2092
03:03:07,020 --> 03:03:11,080
The revision adds three important definitions to the existing code.

2093
03:03:11,600 --> 03:03:15,100
Adult entertainment is to define as any exhibition dance,

2094
03:03:15,380 --> 03:03:17,280
Panama modeling, or other performance,

2095
03:03:17,480 --> 03:03:23,060
predominantly distinguished or characterized by emphasis or depiction or description of any erotic nature,

2096
03:03:23,800 --> 03:03:27,160
including but not limited to performers in the state of nudity,

2097
03:03:27,600 --> 03:03:32,980
performers in a semi nude condition or depiction or descriptions of specified sexual activities

2098
03:03:32,980 --> 03:03:35,000
or specified anatomical areas.

2099
03:03:35,840 --> 03:03:39,820
Arodic is defined as devoted to our intending to arouse or excite

2100
03:03:39,820 --> 03:03:44,060
periance sexual desires or curiosity, specified sexual activities

2101
03:03:44,060 --> 03:03:49,460
includes many things but it's been expanded specifically to include the purposeful exposure

2102
03:03:49,460 --> 03:03:53,940
whether complete or partial of prosthetic genitalia or breasts.

2103
03:03:55,260 --> 03:03:59,440
It really appears that these definitions were added to specifically target all drag shows.

2104
03:03:59,980 --> 03:04:04,100
Despite numerous recent examples of courts refusing to hold bands on drag shows, it appears

2105
03:04:04,100 --> 03:04:08,960
of this link, which has been added to back into the definition of scene speech as defined

2106
03:04:08,960 --> 03:04:12,540
by the U.S. Supreme Court in the case of Miller versus California in 1973.

2107
03:04:13,720 --> 03:04:17,400
In that case, the Court defined speech during a no-first amendment of protections with

2108
03:04:17,400 --> 03:04:18,360
following tests.

2109
03:04:18,580 --> 03:04:19,540
It's been mentioned before.

2110
03:04:20,020 --> 03:04:24,200
First, the average person in applying community standards must find the work as a whole appears

2111
03:04:24,200 --> 03:04:25,780
to the period interest.

2112
03:04:26,540 --> 03:04:31,560
Second, the work must show in a patently offensive way, sexual conduct, specifically defined

2113
03:04:31,560 --> 03:04:32,280
by the law.

2114
03:04:32,280 --> 03:04:39,180
And third, the work is taken as a whole mislead serious literary, artistic, political, or scientific value.

2115
03:04:40,380 --> 03:04:47,160
Applying community standards, you must admit that drag shows have been performed and enjoyed in this community in throughout the state of Arizona for years.

2116
03:04:48,000 --> 03:04:50,760
Why the sudden interest in banning or contailing them now?

2117
03:04:51,540 --> 03:04:59,540
Even if one segment of our society is decided that now is the right time to demonize drag and the LGBTQ community,

2118
03:04:59,540 --> 03:05:03,000
this does not allow the constitutional overreach of this revision.

2119
03:05:04,040 --> 03:05:08,000
This revision tries to meet the second prong of the Miller case by the addition of complete

2120
03:05:08,000 --> 03:05:14,000
or partial exposure of prosthetic genitalia or breasts to the definition of specified sexual

2121
03:05:14,000 --> 03:05:14,740
activities.

2122
03:05:15,600 --> 03:05:17,940
However, this definition is fatally vague.

2123
03:05:18,700 --> 03:05:23,580
Consider a musical performance via a survivor of breast cancer, post-reconstructive surgery

2124
03:05:24,200 --> 03:05:26,300
and address with a plunging neckline.

2125
03:05:26,300 --> 03:05:28,660
with this performance fall under this definition.

2126
03:05:29,900 --> 03:05:32,340
Finally, the last prong that the work taken as a whole

2127
03:05:32,340 --> 03:05:36,320
mislead serious literary artistic political or scientific value.

2128
03:05:36,860 --> 03:05:39,500
This was left out of the definition of erotic entirely,

2129
03:05:39,700 --> 03:05:42,480
even though it appears elsewhere in the revised codes such as

2130
03:05:42,480 --> 03:05:44,860
in the definition of adult theater. Why?

2131
03:05:45,980 --> 03:05:47,900
Clearly, drag shows are artistic.

2132
03:05:48,240 --> 03:05:51,540
However, I would also like to emphasize that drag is not

2133
03:05:51,540 --> 03:05:53,220
inherently sexual or period.

2134
03:05:53,940 --> 03:05:58,320
By leaving out this third-prong, this revision has been rendered unconstitutionally big.

2135
03:05:58,500 --> 03:06:02,940
I want you to consider some other forms of entertainment that could plausly fall under

2136
03:06:02,940 --> 03:06:07,600
the revised definition of adult entertainment, a production of plays by Shakespeare, particularly

2137
03:06:07,600 --> 03:06:12,700
those in which the male actors, like in the day of Shakespeare, assume the female roles.

2138
03:06:13,580 --> 03:06:18,280
Plays by Tennessee Williams are a number of noteworthy playwrights, an exhibition of artistic

2139
03:06:18,280 --> 03:06:23,180
work, depicting nudity, such as Michelangelo's David, a film festival with R-rated movies.

2140
03:06:23,900 --> 03:06:28,020
If these forms of entertainment are not adult entertainment as defined by this revision,

2141
03:06:28,280 --> 03:06:32,660
then neither is drag. If this revision is enacted, it will be seen as targeting the

2142
03:06:32,660 --> 03:06:38,560
LGBTQ community and will create equal protection and protected class issues. I'm putting

2143
03:06:38,560 --> 03:06:42,020
out the flaws in this ordinance. It's not as a blue print for you to go back to the drawing

2144
03:06:42,020 --> 03:06:48,260
forward and try to fix it. I'm doing this to point out that if your target is all drag-

2145
03:06:48,260 --> 03:06:49,940
You cannot fix this.

2146
03:06:49,940 --> 03:06:50,460
Please.

2147
03:06:50,800 --> 03:06:55,480
You cannot add a definition here or tweak the language there in a way that will allow you

2148
03:06:55,480 --> 03:06:59,840
to ban or children's shows under the first and 14th amendments of the U.S. Constitution.

2149
03:07:00,600 --> 03:07:05,860
I urge you to abandon this effort and embrace all of your citizens with respect, understanding, and acceptance.

2150
03:07:06,500 --> 03:07:07,900
Thank you.

2151
03:07:08,260 --> 03:07:08,920
Peggy Glenn.

2152
03:07:09,220 --> 03:07:17,140
And I will make a statement that we recognize that LGBTQ is a protected class under

2153
03:07:18,040 --> 03:07:25,780
federal law, and we also will mention the fact that there's been no specific reference to

2154
03:07:25,780 --> 03:07:29,460
drag shows here, we're trying to make sure that the public.

2155
03:07:30,000 --> 03:07:39,580
Health and safety are protected and we do have consideration about minors. That's where we're working on.

2156
03:07:40,280 --> 03:07:52,000
So let's be clear on that because a lot of people have extrapolated the discussion here far beyond what we're discussing and what we intend to do.

2157
03:07:52,000 --> 03:08:01,480
we will make sure that we follow the law and we follow judicial decision-making and federal

2158
03:08:01,480 --> 03:08:04,220
statutes when it comes to protect the classes.

2159
03:08:10,360 --> 03:08:12,280
Hi, me again, Peggy Glenn.

2160
03:08:13,520 --> 03:08:19,840
Mayor Good, Mayor Protem Montaia, Clark Taney, Eric Moore, Kathy Rousing, Steve Sischke,

2161
03:08:20,100 --> 03:08:20,920
and Connie Contomie.

2162
03:08:20,980 --> 03:08:23,080
Thank you for having me here again.

2163
03:08:23,080 --> 03:08:30,360
Mr. Young, you can't put lipstick on a pig and call it anything other than a pig.

2164
03:08:31,950 --> 03:08:39,450
Apparently, the prudesquad got all upset about some of the things going on in our town.

2165
03:08:39,750 --> 03:08:42,770
Oh my god, there's traveling drag shows, there's traveling,

2166
03:08:42,770 --> 03:08:51,790
bodyvel shows, oh there's a burlesque disc, there's something else that we better prepare for the apocalypse of

2167
03:08:52,590 --> 03:09:02,810
sexualization. And if you've got a really old law that's not doing the job, you don't

2168
03:09:02,810 --> 03:09:07,890
try to put lipstick on it and make it a good law or good ordinance. You start from the

2169
03:09:07,890 --> 03:09:14,050
scratch. You know if I'm making a cake and all of a sudden the flowers got weevils in it,

2170
03:09:14,550 --> 03:09:20,950
I don't continue to make the cake. I toss it out and I go buy a new bag of flour and

2171
03:09:20,950 --> 03:09:27,330
make a better cake. If I'm trying to make a dress and the fabric I'm using has got a big hole in it,

2172
03:09:27,450 --> 03:09:34,570
I don't continue. I go buy a new piece of fabric and make a new dress. You, uh, Connie,

2173
03:09:34,910 --> 03:09:40,510
I think, and Kathy asked, well, what do we do? How do we approve this? You have three choices.

2174
03:09:41,890 --> 03:09:50,930
Move to approve as drafted. Move to deny that would be fabulous. It's not ready for primetime.

2175
03:09:52,690 --> 03:09:54,070
Yes, I'm an actor.

2176
03:09:54,270 --> 03:09:55,070
Yes, I'm a performer.

2177
03:09:55,390 --> 03:09:56,390
Yes, I'm a public speaker.

2178
03:09:56,570 --> 03:09:58,090
Yes, I'm a little louder than others.

2179
03:09:58,510 --> 03:10:00,550
But I am a pragmatist as well.

2180
03:10:00,630 --> 03:10:05,510
If you've got a really cruddy law, you don't try and amp that law

2181
03:10:05,510 --> 03:10:08,310
to make it do something that it's not designed to do.

2182
03:10:08,590 --> 03:10:10,970
You have the option to move to deny.

2183
03:10:13,010 --> 03:10:15,490
Secondarily to that, I would challenge each one.

2184
03:10:15,690 --> 03:10:18,990
I would challenge city staff, actually, to find a setting,

2185
03:10:18,990 --> 03:10:29,110
So that's anybody with hearing loss could sit in the chair down here and see because when we're sitting in the chair and you guys are talking in your mics

2186
03:10:29,110 --> 03:10:47,370
Mr. Good. I am paying attention. I'm hoping we can't see your mouth. So we can't read your lips. And if you're not close to the mic, we can't hear you. I would challenge you to find get a good sound tech and get some sound system in this room so that people can actually participate in these meetings and hear what you have to say.

2187
03:10:47,370 --> 03:10:50,770
Because I don't think you're sitting up there with nothing important to say.

2188
03:10:51,130 --> 03:10:53,230
You don't have this job to be unimportant.

2189
03:10:53,790 --> 03:10:58,110
You have this job to do the best you can for the citizens of Prusket.

2190
03:10:58,530 --> 03:10:59,770
I appreciate your time.

2191
03:11:00,110 --> 03:11:02,450
I appreciate you listening to me.

2192
03:11:02,650 --> 03:11:04,490
You have the option to move to Deny.

2193
03:11:08,370 --> 03:11:09,290
Maria Lanham.

2194
03:11:14,840 --> 03:11:17,040
Thank you so much for letting me stand up.

2195
03:11:17,620 --> 03:11:22,280
My name is Maria Lanham and I want to thank all of you for being here today.

2196
03:11:22,300 --> 03:11:23,840
This has been a very long session.

2197
03:11:25,440 --> 03:11:31,020
I was listening, I'm not going to read my prepared notes, listening to your comments,

2198
03:11:31,440 --> 03:11:39,780
listening to Peggy, and you've gone beyond the wording of what is in this 25 page proposed

2199
03:11:39,780 --> 03:11:40,420
ordinance.

2200
03:11:41,000 --> 03:11:45,020
My suggestion is that you deny it and you start from scratch.

2201
03:11:45,420 --> 03:11:51,360
There are state laws that must encompass most of what is in here.

2202
03:11:51,360 --> 03:11:59,370
I don't know what exactly you're trying to get here.

2203
03:11:59,850 --> 03:12:07,450
I am concerned that you are going to turn into, not you per se, but you're going to have

2204
03:12:07,450 --> 03:12:11,430
a department in this city that's going to turn into the morality police.

2205
03:12:12,030 --> 03:12:17,950
How in God's name do you define something that's lacking in artistic literary, political, or

2206
03:12:17,950 --> 03:12:19,050
educational value?

2207
03:12:19,050 --> 03:12:25,650
We can't do that. We can do it in person and encourage others to either go or not go.

2208
03:12:26,130 --> 03:12:30,330
You're taking away our personal right and responsibility as citizens.

2209
03:12:31,930 --> 03:12:41,290
This is a 15 year old law and I have no idea of who has been charged under this law or any of the aspects of it.

2210
03:12:41,290 --> 03:12:48,190
So, basically, I'm just suggesting that you deny this motion or whatever it is and go on

2211
03:12:48,190 --> 03:12:53,790
and let's start from you and other responsible members of the community start from scratch

2212
03:12:53,790 --> 03:13:02,670
and look at it as Brandon, excuse me, Councilman Montoya suggested from, let's potentially

2213
03:13:02,670 --> 03:13:08,910
split it up and give the citizen the decision, not you.

2214
03:13:08,910 --> 03:13:17,110
So, I thank you, and I also echo, and for, unfortunately, Peggy's comment about the

2215
03:13:17,110 --> 03:13:17,810
mic system.

2216
03:13:17,950 --> 03:13:19,870
It is not very good.

2217
03:13:21,430 --> 03:13:22,090
May are good.

2218
03:13:22,230 --> 03:13:24,190
I've talked to you before about this.

2219
03:13:24,410 --> 03:13:30,490
I can sometimes barely hear you, especially when you give us a paragraph, which I enjoy it

2220
03:13:30,490 --> 03:13:31,330
with like to hear.

2221
03:13:32,150 --> 03:13:37,910
You know, it disintegrates and we can't grab it.

2222
03:13:37,910 --> 03:13:41,070
So I hope the people at home can, so thank you very much.

2223
03:13:43,140 --> 03:13:43,900
Rosemary Dixon.

2224
03:13:54,850 --> 03:13:56,550
Hi, thank you for taking my comment.

2225
03:13:57,170 --> 03:14:00,570
I just want to say that I believe that parents

2226
03:14:01,390 --> 03:14:04,710
can and should make the choice of what entertainment

2227
03:14:04,710 --> 03:14:05,890
their children see.

2228
03:14:06,450 --> 03:14:09,430
I think it's way beyond the purview of city council

2229
03:14:09,430 --> 03:14:12,590
to be deciding what a minor can see in the can't see

2230
03:14:12,590 --> 03:14:13,510
if they have parents.

2231
03:14:14,130 --> 03:14:18,270
So for me, it's sort of a nanny state kind of thing.

2232
03:14:18,270 --> 03:14:22,930
And I'm a mother, my daughter, we had to make all kinds of choices about what she saw.

2233
03:14:23,050 --> 03:14:25,090
And we made those choices and she's just fine.

2234
03:14:25,410 --> 03:14:29,690
Thank you. So I would like you all to reconsider this very carefully.

2235
03:14:29,710 --> 03:14:31,110
We all want to protect our children.

2236
03:14:31,730 --> 03:14:36,210
But it's not the city's job to protect the children from entertainment.

2237
03:14:36,610 --> 03:14:40,420
Thank you. Jeffery, Daveurman.

2238
03:14:48,460 --> 03:14:49,500
Stephanie Weatherington.

2239
03:14:58,250 --> 03:14:59,970
Good afternoon. Thank you.

2240
03:15:00,000 --> 03:15:03,140
Having me? I appreciate the time. Please pick into the microphone.

2241
03:15:03,760 --> 03:15:08,440
Is that better? And I appreciate you guys listening to my emails that I've been sending and some

2242
03:15:08,440 --> 03:15:12,660
other customers that I've been having email you guys as well. So we're going to get away from the entertainment

2243
03:15:12,660 --> 03:15:20,080
and go to the retail stores. That's been a big topic of conversation here. So I own Obey, which is

2244
03:15:20,080 --> 03:15:27,100
lingerie store. We have lingerie, club wear, body jewelry, and then we also have adult wellness products.

2245
03:15:27,100 --> 03:15:34,300
I'd say that's probably about 20% of my business, but then again, I'd have to have you guys come in and tell me which products are actually adult.

2246
03:15:35,100 --> 03:15:36,840
Because there's so many different products there.

2247
03:15:37,640 --> 03:15:43,120
The type of people that come into my business while basically look around, these are my customers.

2248
03:15:43,400 --> 03:15:52,040
I have professionals, business owners, doctors, lawyers, teachers, professors, council members, and these find people that come into my shop.

2249
03:15:52,040 --> 03:15:52,800
Thank you.

2250
03:15:52,920 --> 03:15:53,580
You'll look around.

2251
03:15:58,480 --> 03:16:03,800
I run a clean legitimate business and every day I'm thanked for having this door open because

2252
03:16:03,800 --> 03:16:08,280
people have a safe place to come and shop for their wellness goods.

2253
03:16:08,500 --> 03:16:14,860
Things that benefit them, their marriage and relationships also doctors are sending their

2254
03:16:14,860 --> 03:16:19,520
patients to me because I carry products that help with couples at to have an intimate

2255
03:16:19,520 --> 03:16:20,340
life again.

2256
03:16:22,040 --> 03:16:26,680
People are saying thank you because they don't have to go to Phoenix anymore to go into

2257
03:16:26,680 --> 03:16:30,480
those shops, they don't care to, that they don't feel safe in.

2258
03:16:31,200 --> 03:16:35,720
So I did have something prepared, but I agree with so many people back here that we don't

2259
03:16:35,720 --> 03:16:37,340
want the government in our bedroom.

2260
03:16:37,760 --> 03:16:42,880
And I really do appreciate that there is modifications on here.

2261
03:16:43,160 --> 03:16:44,920
Some of that stuff I can live with.

2262
03:16:44,920 --> 03:16:52,420
the old one, I had a whole list of things that would really make it difficult to be in business and

2263
03:16:52,420 --> 03:16:59,880
and the other retailers as well in town. So I do appreciate that you guys are wanting to modify it,

2264
03:17:00,040 --> 03:17:05,780
but I think it has a lot more work left to do, and it would be nice to have some input or talk to us

2265
03:17:06,400 --> 03:17:14,900
about some of these issues. Like you guys are doing. So I thank you for that. I'm going to keep it short and

2266
03:17:17,550 --> 03:17:20,650
That's her, that's her, like, that's her, like, I've

2267
03:17:27,210 --> 03:17:37,170
got all sorts of pages written that I was going to talk about, but at this time of night, I don't want to talk about them. We don't have that kind of, we don't have that kind of time.

2268
03:17:37,750 --> 03:17:42,330
But I would like to read a letter that her excuse me.

2269
03:17:43,390 --> 03:17:49,470
It's an article that was in the Quad Cities Business News in July that Mayor Good wrote.

2270
03:17:49,470 --> 03:17:58,570
He said his goal is to make sure that the ordinances of the city of Prescott meet the needs of our cities in these modern times.

2271
03:18:00,050 --> 03:18:11,930
A few of these are related to adult entertainment, or sexually oriented businesses, and the hosting of sexually oriented shows, such as cabaret or drag shows.

2272
03:18:11,930 --> 03:18:19,270
And I'm afraid I just don't think we need to do that.

2273
03:18:20,190 --> 03:18:23,590
I don't think we need ordinances like this.

2274
03:18:24,270 --> 03:18:26,770
There's another post that was on the web.

2275
03:18:27,830 --> 03:18:30,070
The Puritans are added again in Prescott.

2276
03:18:30,550 --> 03:18:35,010
I've been to many drag shows here and never once if I seen nudity,

2277
03:18:35,170 --> 03:18:40,170
at least not anymore than the cleavage I've seen some Republican women showing.

2278
03:18:40,170 --> 03:18:46,790
It's entertainment, people just like the Prince or Taylor Swift or Prescott Arts Center.

2279
03:18:47,390 --> 03:18:52,310
Moreover, it celebrates gay culture and I think this is over at Homeophobia.

2280
03:18:53,430 --> 03:18:59,690
I expect a severe ordinance to pass and then the city to be hit with a freedom of speech lawsuit.

2281
03:19:00,130 --> 03:19:06,070
This is from a post on the Democratic Women's website or extremely Facebook page.

2282
03:19:06,070 --> 03:19:12,670
So, I'm not going to say any more except that I think there's a long ways to go.

2283
03:19:13,390 --> 03:19:20,930
The references regarding what was used as a basis for this document are old and out of

2284
03:19:20,930 --> 03:19:21,430
date.

2285
03:19:21,650 --> 03:19:30,450
Please update them, yet references from psychiatrists, medical professionals, your police officers

2286
03:19:30,450 --> 03:19:33,170
find out what's going on in Prescott.

2287
03:19:33,170 --> 03:19:40,310
I really thank it's important to really understand this community and this

2288
03:19:42,900 --> 03:19:47,640
motion as it is written does not understand this community.

2289
03:19:48,500 --> 03:19:49,580
Thank you for your time.

2290
03:19:52,530 --> 03:19:53,330
Whitney Williams.

2291
03:20:01,320 --> 03:20:04,800
Hello, my name is Whitney Williams and I'm Vice President of House of Use.

2292
03:20:05,400 --> 03:20:10,260
A local queer arts nonprofit in town and a drag performer, a public school teacher.

2293
03:20:10,260 --> 03:20:17,920
And I've been born and raised born in the Yav of Pai Regional Medical Center actually before the Burthing Center was moved to PV.

2294
03:20:18,580 --> 03:20:26,040
A captain for Kathma did a strip tease down to his chest at the big brother's big sisters dancing with the stars fundraiser.

2295
03:20:26,700 --> 03:20:31,020
I know of several families that attended and not one thought it was inappropriate for their children.

2296
03:20:31,520 --> 03:20:34,000
Would this ordinance be enforced for him?

2297
03:20:34,000 --> 03:20:39,160
So given that example, these changes to the ordinance will disproportionately affect women,

2298
03:20:39,540 --> 03:20:44,120
queer performers, and local businesses. It is a violation of our freedom of speech.

2299
03:20:44,580 --> 03:20:49,540
You cannot tell me that if a drag queen fully clothed, performed at that fundraiser,

2300
03:20:50,160 --> 03:20:55,000
our council would not have worked to enforce this ordinance and made her get licensed,

2301
03:20:55,540 --> 03:20:58,900
background checked, and told she can only perform an industrial areas.

2302
03:20:58,900 --> 03:21:04,480
I should not have to apply for a license every time I perform drag in this town with house

2303
03:21:04,480 --> 03:21:04,880
abuse.

2304
03:21:05,560 --> 03:21:10,300
The adult-oriented businesses, our drag shows and the brush shows in this community don't

2305
03:21:10,300 --> 03:21:11,100
hurt children.

2306
03:21:11,860 --> 03:21:16,580
In fact, our drag shows have protected children, providing a safe place for them.

2307
03:21:16,940 --> 03:21:21,320
We had a family-friendly pride festival back in June, and that was highly successful.

2308
03:21:21,920 --> 03:21:25,820
We allowed children into our drag shows only if they were attended with a guardian.

2309
03:21:25,820 --> 03:21:31,840
It is so important to cultivate safe spaces for queer community a truly a suicide prevention.

2310
03:21:32,480 --> 03:21:37,200
This ordinance is taking away parents' rights to choose what is best for their child,

2311
03:21:37,620 --> 03:21:39,900
and that would end up being an abuse of your power.

2312
03:21:40,580 --> 03:21:44,060
Drag is not inherently sexual, just like dancing isn't.

2313
03:21:44,280 --> 03:21:50,280
Dancing ranges from ballet to strip shows, just like drag ranges from kid shows with storytime

2314
03:21:50,280 --> 03:21:52,120
to run she late night performances.

2315
03:21:53,000 --> 03:21:54,740
Video games are rated movies.

2316
03:21:55,180 --> 03:21:56,980
All of those things parents get to decide

2317
03:21:56,980 --> 03:21:58,780
for their children to participate in.

2318
03:21:59,060 --> 03:22:00,300
Drag should be no different.

2319
03:22:00,960 --> 03:22:02,360
It is a suppression tactic

2320
03:22:02,360 --> 03:22:04,700
to isolate our shows to industrial areas.

2321
03:22:05,200 --> 03:22:07,240
House of Hughes will not have venues to perform at

2322
03:22:07,240 --> 03:22:08,400
if you zone us this way.

2323
03:22:08,900 --> 03:22:10,920
It would be separate and unequal.

2324
03:22:11,340 --> 03:22:12,700
The theaters that we perform at

2325
03:22:12,700 --> 03:22:14,460
are in areas zone to different codes.

2326
03:22:14,820 --> 03:22:16,480
You will have created a physical barrier

2327
03:22:16,480 --> 03:22:18,300
that will prevent our shows from occurring.

2328
03:22:18,300 --> 03:22:25,400
I wish the council would focus their energies on actual sex abuse happening to our children in our community.

2329
03:22:25,540 --> 03:22:29,760
Why isn't the council outraged at these proven instances of abuse?

2330
03:22:30,000 --> 03:22:44,100
Children and women in our community. Instead, I'm watching you buying into this fabricated message that all queer people potentially could be pedophiles, when the real pedophiles are out there. Those three child abusers convicted a month ago,

2331
03:22:44,100 --> 03:22:49,780
Hojada Scarri arrested for sex trafficking, David Stringer, who was on the school board,

2332
03:22:50,220 --> 03:22:56,300
and many more. As Officer Kasoon was quoted in the Currier, and the prevalence of child

2333
03:22:56,300 --> 03:23:02,140
sex exploitation in the Quad City area is unfortunately very prevalent. It would be a better

2334
03:23:02,140 --> 03:23:06,940
use of the council's time to make sure our children are safe from the real abusers out there.

2335
03:23:07,700 --> 03:23:12,200
Our organization is one of the many organizations in this town that will be disproportionately

2336
03:23:12,200 --> 03:23:17,560
affected by this ordinance. We've had representations speaking at city council meetings multiple times

2337
03:23:17,560 --> 03:23:21,520
and multiple members of ours have emailed you asking to be part of the session.

2338
03:23:21,640 --> 03:23:27,040
Hello, jury marks. I voted for you and I told my communities to vote for you.

2339
03:23:27,440 --> 03:23:33,240
If you end up voting to pass these changes, I will not make the same mistake again. Thank you very much.

2340
03:23:35,900 --> 03:23:39,860
Mayor, can I clarify that Mr. Stringer was never on the school board although we did elect him to the

2341
03:23:39,860 --> 03:23:49,720
legislature. That's correct. Patty Christina Willis. And I would ask if unless you can add

2342
03:23:49,720 --> 03:23:57,700
some additional information that we haven't yet heard, reciting the same concerns is not

2343
03:23:57,700 --> 03:24:02,000
being very productive here. My name is

2344
03:24:04,850 --> 03:24:10,690
I would state that unless you can add some new information

2345
03:24:10,690 --> 03:24:18,730
that restating the same concerns are not effective for this public comment period.

2346
03:24:19,550 --> 03:24:21,370
Is that sufficient for you?

2347
03:24:21,390 --> 03:24:22,010
Excellent.

2348
03:24:22,210 --> 03:24:29,290
And I will tell you that I've had a half of my vocal cords removed because I have a respiratory

2349
03:24:29,290 --> 03:24:36,590
tumor tumor that I acquired by serving with the United States Army and Vietnam and being

2350
03:24:36,590 --> 03:24:38,570
exposed to age and orange.

2351
03:24:38,570 --> 03:24:45,890
So it's a disability and I'm sure that a lot of you people who are concerned about protected

2352
03:24:45,890 --> 03:24:53,350
classes should also be concerned about someone who has a disability that you receive from serving

2353
03:24:53,350 --> 03:24:54,570
as country.

2354
03:24:54,590 --> 03:25:01,430
We want to do that as well as we recommend that you get the necessary equipment thank you.

2355
03:25:01,450 --> 03:25:01,810
Thank you.

2356
03:25:01,910 --> 03:25:02,650
Please proceed.

2357
03:25:02,650 --> 03:25:12,710
Thank you, Mayor Good, Mayor Potem, and Council members, I am so impressed by the common sense

2358
03:25:12,710 --> 03:25:19,130
I have been hearing through this meeting, I am the pastor, I'm Patty Willis, I'm the pastor

2359
03:25:19,130 --> 03:25:26,650
of Granite Peak, Unitarian Universalist Congregation, and often with my congregation, I talk

2360
03:25:26,650 --> 03:25:29,110
with them about intent and impact.

2361
03:25:29,470 --> 03:25:35,290
And I believe that often the intent to, in this case,

2362
03:25:37,590 --> 03:25:41,630
to protect children that came out in the words

2363
03:25:41,630 --> 03:25:47,570
that you wrote, Mayor Good, the impact was

2364
03:25:47,570 --> 03:25:51,750
in the LGBTQ community has been fear.

2365
03:25:51,750 --> 03:26:03,390
And Rabbi Shonaman, in her invocation, I imagine that you heard, what is happening in

2366
03:26:03,390 --> 03:26:11,470
synagogues that there have been bomb threats in Flagstaff and that many of the synagogues

2367
03:26:11,470 --> 03:26:18,330
around the country are experiencing fear, there's a lot of fear, so the larger picture that

2368
03:26:18,330 --> 03:26:30,780
see as a pastor is that targeting certain things and I was looking at the performances because

2369
03:26:30,780 --> 03:26:39,300
of your article, Mayor Good, and I wrote you a letter that was signed by 46 people. I think

2370
03:26:39,300 --> 03:26:47,160
you, I don't know if you remember receiving it, but the name that comes out to me is Briggy Dickens

2371
03:26:47,160 --> 03:26:55,400
and sign this letter, bringy Dickinson is the cousin of Anne Frank, because the people who

2372
03:26:55,400 --> 03:27:03,360
experienced what happened in Nazi Germany are trying to see the big picture whenever they

2373
03:27:03,360 --> 03:27:09,300
do, are there groups that are feeling fear? Are there groups that are targeted? We don't

2374
03:27:09,300 --> 03:27:16,340
need to like everyone, but we need to protect everyone's rights. And I thank you. I thank

2375
03:27:16,340 --> 03:27:24,040
you may are good for your service. I had an uncle who was a pilot and who also experienced

2376
03:27:24,040 --> 03:27:34,180
many things died recently of COPD from that time. So I thank you for your service and all

2377
03:27:34,180 --> 03:27:40,780
of you for being here and for being so articulate through the whole thing. Thank you.

2378
03:27:54,080 --> 03:27:54,800
That's all

2379
03:27:54,800 --> 03:28:01,960
different aspects that I think almost everyone on this council has various concerns about

2380
03:28:01,960 --> 03:28:10,100
amending to try to discuss it at this point I think would be unproductive and I think

2381
03:28:10,100 --> 03:28:16,240
maybe we could individually send you some recommendations and see if you could incorporate that

2382
03:28:16,240 --> 03:28:22,080
in our next draft version. I think at this point that makes sense and we can come back with some

2383
03:28:22,080 --> 03:28:25,120
those changes made, and we'll talk about that.

2384
03:28:25,960 --> 03:28:28,220
And in last, one of the recommendations

2385
03:28:29,800 --> 03:28:31,900
is breaking things down to individual section,

2386
03:28:32,760 --> 03:28:35,820
which would be a big project, but one that I think

2387
03:28:35,820 --> 03:28:36,840
would make some sense of it.

2388
03:28:36,840 --> 03:28:37,960
But if that were going that direction,

2389
03:28:37,980 --> 03:28:38,980
I'd like to know that now.

2390
03:28:39,200 --> 03:28:42,980
Otherwise, we can just send me input

2391
03:28:42,980 --> 03:28:44,240
and we can make those changes.

2392
03:28:45,300 --> 03:28:46,180
Councilman Sheshka.

2393
03:28:46,880 --> 03:28:48,360
Thank you, Mayor, appreciate that.

2394
03:28:49,320 --> 03:28:51,020
You know, when I was going back to the agenda,

2395
03:28:51,020 --> 03:28:59,540
everything else is talking about passing, you know, this or that. And this one just says

2396
03:28:59,540 --> 03:29:09,000
request for feedback on ordinance number 2023-1843. And I think that between the counsel

2397
03:29:09,000 --> 03:29:15,380
and the folks out here, we got feedback. I'm not sure what else you'd like from us.

2398
03:29:16,910 --> 03:29:19,950
I think the feedback's important as the council's a whole.

2399
03:29:20,210 --> 03:29:28,150
I think that we have several different opinions of what it should look like and from the council and a lot more in the audience.

2400
03:29:28,490 --> 03:29:31,650
To be honest, you seven are the ones I need to hear from.

2401
03:29:31,810 --> 03:29:41,810
So the feedback that I've heard verbally is good, but to the extent that there is either vote, polling, or sending me information afterwards just helps know what the council thinks.

2402
03:29:43,090 --> 03:29:49,590
Okay, so, excuse me, Mayor, so we don't necessarily have to make a motion to vote on something.

2403
03:29:50,690 --> 03:29:51,010
Okay.

2404
03:29:52,790 --> 03:29:57,650
And as I mentioned at the beginning, nothing we could do here would enact this or approve it as a lot.

2405
03:29:57,790 --> 03:29:59,070
We still have steps to go through.

2406
03:30:00,000 --> 03:30:14,780
Thank you, Mayor Joe. I am sorry to say this, but I am a fan of breaking into pieces. I think it's an unwieldy project. I'm sure for your office and you knew what you were getting into when you became attorney. I see them.

2407
03:30:14,780 --> 03:30:28,820
So, but I think the only way this process is going to move forward with a way to achieve what we're trying to achieve here is to separate out these things.

2408
03:30:28,980 --> 03:30:37,000
Because if we're trying to bite off too much, it's going to be, I can hear feedback, even the feedback we heard from the public today.

2409
03:30:37,060 --> 03:30:39,980
We heard feedback on four different components of this.

2410
03:30:39,980 --> 03:30:42,340
And so I think breaking it into four different pieces,

2411
03:30:42,560 --> 03:30:44,640
well, I don't know if it's four, but whatever number

2412
03:30:44,640 --> 03:30:46,440
that makes sense as it relates to the provision.

2413
03:30:46,680 --> 03:30:50,440
So this just gives us more ability to a,

2414
03:30:50,760 --> 03:30:52,760
try and get a little bit more precise and appropriate

2415
03:30:52,760 --> 03:30:54,780
to what the community is responding with.

2416
03:30:55,180 --> 03:30:56,620
And B, it also allows us

2417
03:30:56,620 --> 03:31:01,160
that if we do venture down the path of unintended consequences

2418
03:31:01,160 --> 03:31:05,960
that we have an easier remedy to fix this problem going forward.

2419
03:31:06,180 --> 03:31:07,940
And that's the big part of it for me.

2420
03:31:07,940 --> 03:31:12,880
I don't, I think they're, and I want to be clear, there are parts of this that are necessary

2421
03:31:12,880 --> 03:31:18,320
to update and modify, but I do think that breaking into pieces makes sense, and that's

2422
03:31:18,320 --> 03:31:18,820
my feedback.

2423
03:31:19,300 --> 03:31:22,100
I can send you an email to that effect, too.

2424
03:31:22,560 --> 03:31:22,760
noted.

2425
03:31:24,420 --> 03:31:29,080
For those of you who are interested, the fillies scored on the bottom of the fourth, so they're

2426
03:31:29,080 --> 03:31:31,020
ahead, due to one.

2427
03:31:32,840 --> 03:31:34,140
Councilwoman, can tell me.

2428
03:31:35,580 --> 03:31:36,600
Thank you, Mayor.

2429
03:31:37,940 --> 03:31:45,920
Just for the record, we have all been receiving Gary emails and I counted, I have 109 emails

2430
03:31:45,920 --> 03:31:46,740
and support.

2431
03:31:47,520 --> 03:31:51,780
So, we can't discount the fact that we do have people that obviously couldn't be here

2432
03:31:51,780 --> 03:31:55,480
today that do support this ordinance and we have to remember that.

2433
03:31:55,480 --> 03:31:59,860
But we also have to remember the reason for an ordinance in the beginning.

2434
03:32:00,440 --> 03:32:02,900
What is the intent of these ordinances?

2435
03:32:03,040 --> 03:32:03,600
And there are many.

2436
03:32:03,600 --> 03:32:07,060
I mean, look in the city ordinance book, there's hundreds of ordinances.

2437
03:32:07,640 --> 03:32:14,780
This is really to give our attorney the tools in order to prosecute the bad offenders.

2438
03:32:15,360 --> 03:32:21,060
And Joe, I'd like to hear from you, if you have to use this ordinance and exercise your

2439
03:32:21,060 --> 03:32:28,820
legal ability to, you know, be able to prosecute somebody that has, again, as always, there's

2440
03:32:28,820 --> 03:32:30,720
always an abuser that's going to ruin it for everybody.

2441
03:32:30,720 --> 03:32:39,120
But in your opinion, if you had to go after somebody for an abuse of something, would this ordinance help you?

2442
03:32:39,300 --> 03:32:44,660
Because I know in my own past, you can't have too little information.

2443
03:32:45,000 --> 03:32:52,160
You have to have more tools when you go in front of a court or you're being prosecuted or you are the prosecutor.

2444
03:32:52,680 --> 03:32:54,940
So what is your legal opinion on this ordinance?

2445
03:32:54,940 --> 03:32:57,140
Do we have too much abusive

2446
03:32:58,420 --> 03:33:01,740
Verbage in this ordinance is it better to have more or less?

2447
03:33:01,960 --> 03:33:08,300
I'd like to have your opinion on that. I'm going to answer the question. I think you asked because

2448
03:33:08,300 --> 03:33:11,600
Well, if you have an ordinance and you need to exercise

2449
03:33:12,180 --> 03:33:18,540
The rights that are stated clearly stated in an ordinance. Do you think that this ordinance is too cumbersome?

2450
03:33:19,600 --> 03:33:21,260
I think that

2451
03:33:21,260 --> 03:33:23,540
simple ordinances are easier to enforce.

2452
03:33:24,960 --> 03:33:26,600
And it was suggested to break it up to be honest,

2453
03:33:26,680 --> 03:33:30,920
that would be a lot of work, but one that I would be happy to do

2454
03:33:30,920 --> 03:33:34,760
because it does make it easier when we have more direct.

2455
03:33:34,860 --> 03:33:36,840
A 25 page ordinance is pretty long.

2456
03:33:37,720 --> 03:33:41,000
And so breaking it up would be something that would be a project

2457
03:33:41,000 --> 03:33:44,540
that I'd be willing to do it to help us with enforcement.

2458
03:33:45,700 --> 03:33:47,520
I think that that's pertinent information.

2459
03:33:47,780 --> 03:33:49,080
And we need to remember that.

2460
03:33:49,080 --> 03:33:52,140
I then I also want to address the woman who was the massage therapist.

2461
03:33:52,800 --> 03:33:57,420
I think everybody in this room understands the value of a massage.

2462
03:33:58,240 --> 03:34:00,900
Again, nobody is going after people that are legitimate.

2463
03:34:01,280 --> 03:34:06,340
This ordinance is basically going to be used if people are abusing.

2464
03:34:06,620 --> 03:34:08,140
These are the abusers.

2465
03:34:08,760 --> 03:34:11,440
And we have to have the tools to be able to shut those places down.

2466
03:34:12,140 --> 03:34:15,020
But I mean, I couldn't live without the massages, the chiropractic.

2467
03:34:15,180 --> 03:34:16,960
I think many of us feel the same way.

2468
03:34:16,960 --> 03:34:24,520
This is not, we're not going after people that have legitimate businesses in no way that is not the intent.

2469
03:34:25,740 --> 03:34:26,000
Thank you.

2470
03:34:29,050 --> 03:34:29,890
Councilor Moore.

2471
03:34:31,770 --> 03:34:34,370
I just want to say that I'm in favor of breaking it up as well.

2472
03:34:34,590 --> 03:34:35,230
Thank you.

2473
03:34:36,510 --> 03:34:37,150
Councilor and Tanny.

2474
03:34:38,930 --> 03:34:39,210
Thank you.

2475
03:34:39,390 --> 03:34:45,630
Same feedback in terms of putting it in smaller chunks that we can more or more easily digestable for all of us.

2476
03:34:45,630 --> 03:34:49,250
I really appreciate the points of view that we're brought up today.

2477
03:34:50,290 --> 03:34:55,070
It's a strong contrast to, as Councilman Kuntelme mentioned,

2478
03:34:55,410 --> 03:34:57,910
dozens of points of view that we've heard from other folks in the community.

2479
03:34:58,070 --> 03:34:59,750
So I think it's important for all of us to recognize.

2480
03:35:00,590 --> 03:35:02,890
If you showed up and just heard what was said here tonight,

2481
03:35:03,050 --> 03:35:07,030
it would be easy to walk with, if you think everybody in the community thinks like this,

2482
03:35:07,030 --> 03:35:10,690
because that we heard kind of one direction of voices,

2483
03:35:10,970 --> 03:35:13,490
but we've heard another direction of voices from a lot of other people.

2484
03:35:13,490 --> 03:35:20,110
So I really appreciate having heard from all different facets of the community and really

2485
03:35:20,110 --> 03:35:25,210
glad that we're going to be doing more work on this and going to the public further with

2486
03:35:25,210 --> 03:35:27,010
this before we move forward at all.

2487
03:35:27,230 --> 03:35:29,110
It's certainly not ready to be baked.

2488
03:35:29,210 --> 03:35:35,560
I think as somebody said earlier, well, Councilman Tenney and the other Councilman here

2489
03:35:35,560 --> 03:35:39,740
that brought this up, I think we're on the right track here.

2490
03:35:39,740 --> 03:35:59,840
I think casting too wide of a net and trying to cover all these different components or aspects of this area is just too difficult and it would probably generate some unintended consequences that we'd have to come back and look at the whole ordinance again.

2491
03:35:59,840 --> 03:36:07,640
So I agree with Mayor Protown, this might put a little burden on your office there, but I think

2492
03:36:07,640 --> 03:36:14,480
breaking a delta entertainment into one section, and then services and products into another

2493
03:36:14,480 --> 03:36:26,000
section, and then massage therapy as a third area to be monitored is probably a better way of handling

2494
03:36:26,000 --> 03:36:34,280
at that way if we do find unintentioned consequences in one or more of these areas, then we all

2495
03:36:34,280 --> 03:36:38,400
all we have to do is look at those and correct them.

2496
03:36:41,840 --> 03:36:42,040
Thank you.

2497
03:36:42,280 --> 03:36:46,280
I think that gives me enough to start a pretty big project.

2498
03:36:48,120 --> 03:36:51,040
And would look for more input as via email.

2499
03:36:51,040 --> 03:37:03,500
And I want to add, when I talk to Attorney Young a number of months ago when, of course, we started on the charter review amendments as one project.

2500
03:37:04,080 --> 03:37:13,760
But one of the things that came to my awareness is that we had so many ordinances that had been passed over the years that had never been looked at again

2501
03:37:13,760 --> 03:37:21,760
and we're really out of date and not enforceable and not defensible when they came to

2502
03:37:22,880 --> 03:37:29,980
trying to enforce them and then trying to defend those enforcement actions in a...

2503
03:37:31,900 --> 03:37:45,480
Judicial environment, whether it's our city attorney or our city court or other places, it was just way overdue for a review in these areas.

2504
03:37:46,120 --> 03:38:01,080
So it's not like we're picking out any particular area. We just realized that it was about time for us to take a good look at what our ordinances are and whether they're still legitimate and whether they are appropriate.

2505
03:38:01,080 --> 03:38:04,860
And, like I said before, enforceable and defensible.

2506
03:38:06,120 --> 03:38:07,640
So I think you have your guidance.

2507
03:38:09,280 --> 03:38:10,740
Yes, Mayor, thank you.

2508
03:38:10,860 --> 03:38:11,740
Time for extra school.

2509
03:38:16,310 --> 03:38:19,670
And a little bird just told me that the Diamondbacks

2510
03:38:19,670 --> 03:38:21,450
tied it up to two to two to two.

2511
03:38:23,390 --> 03:38:26,190
So I think we can move on to the next item.

2512
03:38:31,880 --> 03:38:32,240
They don't leave.

2513
03:38:32,440 --> 03:38:33,540
There's some great stuff up.

2514
03:38:33,660 --> 03:38:35,340
The pavement micro ceiling coming up.

2515
03:38:35,340 --> 03:38:36,200
You don't want to miss that.

2516
03:38:44,660 --> 03:38:45,500
Thank you.

2517
03:38:45,800 --> 03:38:48,120
Mayor and Council just kind of helped move things along.

2518
03:38:48,120 --> 03:38:54,480
here. Our next item is the presentation and the closing of the public hearing and comment

2519
03:38:54,480 --> 03:39:00,680
period for the CDBG consolidated annual performance report and I have Mike McGinnis here

2520
03:39:00,680 --> 03:39:07,500
to provide us in a quick overview. All right, good evening, Mr. Mayor and Council. Michael McGinnis,

2521
03:39:07,700 --> 03:39:13,220
I am with the Community Development Team, I'm your CDBG coordinator here with the city.

2522
03:39:13,220 --> 03:39:21,900
I'm gonna make this as short as possible okay so this is this whole consolidated annual

2523
03:39:21,900 --> 03:39:28,960
performance and evaluation evaluation report also called the Caper basically it's our

2524
03:39:28,960 --> 03:39:37,840
end-up program year report for program year 2022 that went from let's see July 1 2022 to June

2525
03:39:37,840 --> 03:39:44,400
30th, 2023, so it just closed and a lot of success with that program that I'm going to

2526
03:39:44,400 --> 03:39:49,720
share real quick right now. This is the end of a 15-day public comment period that started

2527
03:39:49,720 --> 03:39:59,600
October 9th and there was no public comment. Okay, Kaper Highlights. Last time I was here,

2528
03:39:59,840 --> 03:40:05,620
I shared about a minor home repair program. At the end of the program year, we helped out eight

2529
03:40:05,620 --> 03:40:12,540
residents benefited from the repairs through the CDBG program, a lot of this was done by the

2530
03:40:12,540 --> 03:40:19,300
Chamber of Commerce Foundation and their Executive Director, Ms. Sherry Heini, so a shout out

2531
03:40:19,300 --> 03:40:22,400
to her and all her hard work for that.

2532
03:40:23,000 --> 03:40:28,000
Other parts of our program, we helped over 2,000-press get residents receive basic need services

2533
03:40:28,000 --> 03:40:33,820
through transportation, people who care, new horizon, where the providers, a senior mentoring

2534
03:40:33,820 --> 03:40:39,960
program through Player Health and Rental Assistance Program through Matt Force, Arizona Service,

2535
03:40:40,180 --> 03:40:46,440
which is run by Prasket College and conjunction with AmeriCorps, 87 young adults with

2536
03:40:46,440 --> 03:40:54,020
workforce development. The big project for the year was the community nature center ADA Trail,

2537
03:40:54,140 --> 03:41:01,800
which was completed. I got pictures. You know, when I got here, this project was already kind

2538
03:41:01,800 --> 03:41:08,520
going. So the people that were really pushing this project for, I want to recognize Ellen Bashar,

2539
03:41:09,760 --> 03:41:17,120
who I think everybody knows, Joe Baines with Parks and Rec, and the contractor that we used

2540
03:41:17,120 --> 03:41:23,460
was autumn blaze construction, defiantastic job. You have a chance to go check it out, please do.

2541
03:41:23,920 --> 03:41:30,820
Projects that are on the way, the Offsour Quarters Project, we're looking at 2024. I believe that's

2542
03:41:30,820 --> 03:41:39,900
going to be 24 units for homeless vats. Pictures, this was back in August. For the ribbon

2543
03:41:39,900 --> 03:41:45,900
cut in ceremony, you have Ellen Bashar there. We had some great presentations to open up

2544
03:41:45,900 --> 03:41:53,580
the trail. And as you can see, the trail right behind the young lady goes about 1,500 feet.

2545
03:41:54,480 --> 03:41:59,180
And there's the actual ribbon cut. Again, if you have a chance to check it out, it's over

2546
03:41:59,180 --> 03:42:06,100
by a grant at middle school, right across from their drop-off parking lot, highly encouraged

2547
03:42:07,040 --> 03:42:09,640
it. They did a real great job.

2548
03:42:12,720 --> 03:42:14,560
So with that, that's it. That's all I got. If there's

2549
03:42:14,560 --> 03:42:15,900
questions, I'm here.

2550
03:42:19,400 --> 03:42:20,160
Council, I'm Tammy.

2551
03:42:22,440 --> 03:42:24,780
I didn't press my request to speak button, but

2552
03:42:24,780 --> 03:42:29,880
as the council is not to CDBG. I've seen a lot of this great work in action. I just want

2553
03:42:29,880 --> 03:42:32,900
to commend you Michael for the great work that you've done. Thanks for the good presentation

2554
03:42:32,900 --> 03:42:36,840
tonight about the positive ways that this has impacted our community.

2555
03:42:38,880 --> 03:42:39,660
Thank you.

2556
03:42:46,420 --> 03:42:50,540
It is a public hearing that open with the public comments.

2557
03:42:51,280 --> 03:42:53,460
We do not have any public comment.

2558
03:42:53,880 --> 03:42:54,560
Mayor Proto.

2559
03:42:55,020 --> 03:42:56,660
Mayor, I'll make a move.

2560
03:42:57,440 --> 03:43:05,560
I'll make a motion to move to close the public hearing on the 2020 CDB CG consolidated annual performance

2561
03:43:05,560 --> 03:43:06,000
report.

2562
03:43:06,000 --> 03:43:10,440
Man, it's been a long day. I'll make a motion to move to second that motion that was moved

2563
03:43:11,580 --> 03:43:13,200
Thank you both

2564
03:43:14,100 --> 03:43:16,780
Harry no other comments. Please vote

2565
03:43:24,940 --> 03:43:27,100
passes seven zero. All right. Thank you

2566
03:43:32,870 --> 03:43:35,610
Okay, we're moving on to item 10 C

2567
03:43:36,790 --> 03:43:45,330
Like a mayor and members of the council the next item is a site plan review for a 223 unit residential rental complex

2568
03:43:46,030 --> 03:43:47,550
located in deep well ranch

2569
03:43:48,750 --> 03:43:53,450
It is a rental community that was passed by the Planning and Zoning Commission with some stipulations.

2570
03:43:54,090 --> 03:43:57,110
And I've got George Worley here who is going to talk about this item.

2571
03:43:57,650 --> 03:43:58,430
Thank you very much.

2572
03:43:59,490 --> 03:44:01,390
I'm going to go through this pretty fast as well.

2573
03:44:01,650 --> 03:44:03,950
We'll try and keep it to a half an hour if I can.

2574
03:44:07,880 --> 03:44:08,220
Sorry.

2575
03:44:11,180 --> 03:44:14,240
Real quick, you were somewhat familiar with this.

2576
03:44:14,380 --> 03:44:18,020
I think some of these projects have been talked to you previously.

2577
03:44:18,020 --> 03:44:24,540
we have talked to you previously. Wow, it is a long day. This one is a rental community. It is

2578
03:44:24,540 --> 03:44:30,960
located at Piner Parkway and Willow Creek Road in northwest corner. The purpose of the community is

2579
03:44:30,960 --> 03:44:36,240
provide rental housing. There are 223 units. It's within deep-low ranch master plan, the gold color

2580
03:44:36,240 --> 03:44:36,720
area.

2581
03:44:38,760 --> 03:44:44,740
The area is located in an impact zone 6, which is one of the areas that allows for residential

2582
03:44:44,740 --> 03:44:48,500
So uses there's a little strip of property that I'll show you again that's an impact zone

2583
03:44:48,500 --> 03:44:52,220
for that's limited and not allowed to have residential units.

2584
03:44:52,640 --> 03:44:57,100
The developer has laid it out as a parking area overflow parking area for the community.

2585
03:44:58,880 --> 03:44:59,980
It is within noise contouring.

2586
03:45:00,000 --> 03:45:08,060
At this time, the noise contour of 60 and 55, both allow for residential uses. The AVO should

2587
03:45:08,060 --> 03:45:13,320
it ever make it forward and be approved would have some additional restrictions that would apply.

2588
03:45:15,140 --> 03:45:17,040
Another noise contour, this is a future.

2589
03:45:19,280 --> 03:45:23,420
Just a quick point out, it is a permitted use listed within the

2590
03:45:23,420 --> 03:45:28,740
people on master plan designation of land use group V for a village which is a

2591
03:45:28,740 --> 03:45:36,880
higher density residential type use. Unit mix is shown on the right. It's a

2592
03:45:36,880 --> 03:45:41,580
little blurry I apologize that's just how it came out of the program. Again it's

2593
03:45:41,580 --> 03:45:47,280
223 units on 28 and a half acres so about seven and a half units per acre.

2594
03:45:50,260 --> 03:45:50,630
This is

2595
03:45:50,630 --> 03:45:56,690
visual diagram showing that location of impacts on four boundary. You can see the area

2596
03:45:56,690 --> 03:46:03,350
to the upper left is the area within zone four. It's parking at open space.

2597
03:46:03,990 --> 03:46:11,770
There's some addition of drainage in one part of the area. So they've managed to keep all of the residential units out of that area

2598
03:46:11,770 --> 03:46:14,730
and in the area that permitted buyer codes for residential.

2599
03:46:19,830 --> 03:46:21,510
I'll let this run part way through.

2600
03:46:21,510 --> 03:46:26,490
this was a short video provided by the developer just to give a feel for what the community might

2601
03:46:26,490 --> 03:46:32,670
look like. We'll note specifically all of those trees are less than the heights of the buildings

2602
03:46:32,670 --> 03:46:38,470
and will be maintained that way and you'll see a note in a moment or two that address that

2603
03:46:42,770 --> 03:46:48,690
and rather than go to the inside. We'll talk about the conversation of the current planning commission

2604
03:46:48,690 --> 03:46:53,990
with the airport director and the developer and the commission agreeing to four

2605
03:46:54,810 --> 03:46:56,470
stipulations effectively

2606
03:46:56,470 --> 03:47:05,770
adding to the approval process the commission recommended in favor unanimously subject to these four criteria being included

2607
03:47:05,770 --> 03:47:11,130
the developer is here and can answer additional questions should you have them

2608
03:47:11,130 --> 03:47:15,910
but based on inclusion of those the recommendation was unanimous to approve

2609
03:47:15,910 --> 03:47:20,670
and the motion that we've prepared for you based on the Planning Commission

2610
03:47:20,670 --> 03:47:24,310
recommendation is before you and I'm happy to answer questions. Again, the

2611
03:47:24,310 --> 03:47:30,610
developer is here also. Mayor Protem. Thank you, Mayor. I have a ten-part

2612
03:47:30,610 --> 03:47:35,510
question, George. No, I'm kidding. Actually, I kind of did want to hear from the

2613
03:47:35,510 --> 03:47:45,890
developer because I think this is a bit of an interesting approach to trying to

2614
03:47:46,450 --> 03:47:51,790
The video kind of showed it a little bit. I liked the idea of those car guards and I think I heard you talk about this

2615
03:47:52,270 --> 03:47:58,970
Maybe not at the most recent planning zone in commission, but maybe the first one before and I think it might be worth kind of talking about that and

2616
03:47:59,590 --> 03:48:05,850
You know what you think of this as kind of the vision that you guys are trying to treat with this development. Thank you mayor for some days

2617
03:48:05,850 --> 03:48:07,710
Thank you for hanging in there

2618
03:48:07,710 --> 03:48:09,990
I know it's been a long evening

2619
03:48:09,990 --> 03:48:15,270
I apologize, I'll try to speak quickly and succinctly.

2620
03:48:15,610 --> 03:48:16,910
Thank you, Members of the Council.

2621
03:48:17,610 --> 03:48:18,910
This is substantial development.

2622
03:48:19,990 --> 03:48:22,210
So we appreciate you being here.

2623
03:48:23,270 --> 03:48:28,370
So before I answer that question, I wanted to first mention

2624
03:48:28,370 --> 03:48:31,910
top of my, because it seems like it's the largest concern,

2625
03:48:32,210 --> 03:48:33,690
which is the airport proximity.

2626
03:48:34,370 --> 03:48:37,870
So what we've done from day one is work directly with Dr. Sabata

2627
03:48:37,870 --> 03:48:46,770
to make sure that this complies, we had 36 points on the site submitted to FAA. They were all approved.

2628
03:48:47,410 --> 03:48:52,270
We also agreed that before we ever start construction, if it's approved, it is a project.

2629
03:48:52,910 --> 03:49:03,650
That we would do the temporary 7460, so we alert the airport and get permission before we can use cranes to lift the trust or to have our concrete pumps out there.

2630
03:49:03,650 --> 03:49:07,970
Um, these things that I'm going to mention to you were agreeing to tonight, some of them

2631
03:49:07,970 --> 03:49:13,790
are addition to the four, and we just want to be an example for you, uh, for future

2632
03:49:13,790 --> 03:49:14,310
developers.

2633
03:49:14,750 --> 03:49:19,130
So you can say, hey, they did it right, and I'll just list them quickly.

2634
03:49:19,650 --> 03:49:26,670
And if we don't honor these, we're inviting you to freeze permits, please, because we're

2635
03:49:26,670 --> 03:49:28,730
going to put our money where our mouth is.

2636
03:49:28,750 --> 03:49:31,770
And then once the project is completed, it's a rental community.

2637
03:49:31,770 --> 03:49:40,470
We're inviting the city to come in and audit our files whenever they want while we're open.

2638
03:49:41,090 --> 03:49:49,370
And if you find a customer that's not signed the navigation easement properly, then we welcome fines per discovery.

2639
03:49:49,890 --> 03:49:57,470
We want to be completely transparent and we're happy to have a big punishment if we're not honoring what I'm telling you tonight.

2640
03:49:57,470 --> 03:50:04,490
So number one, we're agreeing to have the placard on the wall and they come in to have a monument when people pull in.

2641
03:50:04,490 --> 03:50:06,190
It'll show the distance to the airport.

2642
03:50:06,850 --> 03:50:11,710
Three, we're going to include in the lease agreement, the airport influence map.

2643
03:50:12,610 --> 03:50:15,110
Four, obviously we're including the obligation easement.

2644
03:50:18,130 --> 03:50:24,190
Five, we're inviting community development inspections on our files six.

2645
03:50:24,190 --> 03:50:29,450
In addition to what was asked of us, we're adding more additional sound mitigation systems.

2646
03:50:29,990 --> 03:50:40,030
So we're installing a millguard homemaker window with the sound transmission class of 28 to 34 on the majority of the windows.

2647
03:50:40,450 --> 03:50:45,030
When a normal window is 22 to 26, so we're stepping up the windows.

2648
03:50:45,630 --> 03:50:51,430
We're also doing a weapon on cellulose on the insulation so that we honor that concern.

2649
03:50:52,950 --> 03:50:54,970
Number nine, we've agreed to the height.

2650
03:50:54,970 --> 03:51:00,590
Dave, are you talking about insulation in the attic or in the, in the walls in the, in the attic?

2651
03:51:00,830 --> 03:51:01,450
Yeah, in the attic.

2652
03:51:03,550 --> 03:51:08,710
The height of 30 feet, five and one-eighths, inch, is, that's just the top of the barn.

2653
03:51:09,810 --> 03:51:13,030
The majority of the homes will be 18 feet or 25 feet.

2654
03:51:13,430 --> 03:51:18,910
And we've agreed that the trees will always be maintained in a perpetuity so they can never go above 30 feet.

2655
03:51:18,910 --> 03:51:21,130
five and an eighth inch.

2656
03:51:21,750 --> 03:51:25,750
We've honored the zone four, the only thing that's in that zone four, like you mentioned,

2657
03:51:25,830 --> 03:51:31,930
is parking and some garages, because some people are going to want garages, and those

2658
03:51:31,930 --> 03:51:36,350
would be limited to a 14 foot to inch height.

2659
03:51:37,210 --> 03:51:42,750
The whole community's low water, that turf that you saw is artificial, those trees that

2660
03:51:42,750 --> 03:51:47,930
you saw were animation, and I wish we would have not allowed them to make them so big, but

2661
03:51:47,930 --> 03:51:50,590
They're all going to be low water use plants.

2662
03:51:52,690 --> 03:51:55,630
And then that may or pro-tim to your question.

2663
03:51:56,130 --> 03:51:57,090
So I'm circling back.

2664
03:51:57,170 --> 03:51:58,570
But all those things I just mentioned were

2665
03:51:58,570 --> 03:52:01,430
happy to put into an agreement and to have penalties

2666
03:52:01,430 --> 03:52:06,950
if they're ever not honored and to perpetuity on the design.

2667
03:52:07,890 --> 03:52:13,090
We felt there was a need in press kit to have rental homes

2668
03:52:13,090 --> 03:52:20,890
that were not the traditional rectangle or three-story tan box, which is called a guard-in apartment.

2669
03:52:21,270 --> 03:52:23,710
I'm just kind of an oxy-more on it.

2670
03:52:24,130 --> 03:52:28,270
Those apartments generally have steps, and you've got to walk up the steps to get to the third floor.

2671
03:52:29,250 --> 03:52:29,930
They're huge.

2672
03:52:30,000 --> 03:52:37,320
And there are also bad for view, visibility. This community was designed with architecture and

2673
03:52:37,320 --> 03:52:45,300
theming in mind. So it's craftsmen, it's farmhouse, we're honoring the original, not original, but

2674
03:52:45,300 --> 03:52:51,080
high design and it's multi-sided architecture. So you don't just see beauty in the front, you'll

2675
03:52:51,080 --> 03:52:56,700
see it wherever it's highly visible. We didn't want to have people driving in and seeing the typical

2676
03:52:56,700 --> 03:53:02,340
covered metal parking that you generally see in all apartment communities. So we

2677
03:53:02,340 --> 03:53:07,000
we hid the parking in different areas. So as you drive through it, it looks like

2678
03:53:07,540 --> 03:53:13,420
a traditional old town that you'd see on Mayberry somewhere. It has the great street,

2679
03:53:13,500 --> 03:53:17,220
so when you drive in, it'll look like the great street we created it one that we just built in

2680
03:53:17,220 --> 03:53:23,300
Preske Valley. And our goal, we would love to win best architecture in the country on this,

2681
03:53:23,300 --> 03:53:26,600
just like we did at a story, which you also

2682
03:53:26,600 --> 03:53:28,420
honored us with your approval years ago.

2683
03:53:28,700 --> 03:53:35,700
That was a highly visible corner on 89 and Prescott Lake's Boulevard.

2684
03:53:36,100 --> 03:53:39,700
And we redesigned the whole thing to go with a great theme

2685
03:53:39,700 --> 03:53:40,740
to honor the city.

2686
03:53:41,260 --> 03:53:43,720
And we're doing the same thing here.

2687
03:53:45,440 --> 03:53:48,560
I'm here to answer any of all questions or concerns.

2688
03:53:49,820 --> 03:53:56,300
I, I, I, I, I, I, I stayed, thank you for that. I guess, I guess, I guess, I, I guess, I, and I, first

2689
03:53:56,300 --> 03:54:00,640
off, I want to compliment you. The, the due diligence your, your team has done around the

2690
03:54:00,640 --> 03:54:04,420
concerns around the airport is, is, is top notch and I really appreciate you going the extra

2691
03:54:04,420 --> 03:54:09,500
miles to, to deal with those concerns. I, I guess, one of the things that I heard you talk about

2692
03:54:09,500 --> 03:54:14,140
initially in the planning zone is that you, you, you really do intend for this, to be a community

2693
03:54:14,140 --> 03:54:22,380
that competes for rental business and press kit and the idea of the kind of the houses are facing

2694
03:54:22,380 --> 03:54:26,600
out and to a shared courtyard is designed to build the community within that and I was wondering

2695
03:54:26,600 --> 03:54:31,860
if you didn't just briefly touch on that. So this is all about connectivity and we want to celebrate

2696
03:54:31,860 --> 03:54:39,340
neighbors, I'm getting to know each other and socialization. The best example I can use is what we're

2697
03:54:39,340 --> 03:54:45,320
at Mulberry Farms in Prescott Valley where we brought in a special team to run the socialization.

2698
03:54:45,740 --> 03:54:52,020
So the events and activities are way over the top on what it's like to live in a rental community.

2699
03:54:52,480 --> 03:54:58,000
The courtyards were designed for that reason, so you can sit on your front porch, you can get to know your neighbor.

2700
03:54:59,440 --> 03:55:04,860
Regardless of the demographic, if it's a young family and they have little kids, they could be playing on that artificial turf.

2701
03:55:05,480 --> 03:55:11,880
If it's a retired couple they could be sitting there, it's it's open to all is our intention.

2702
03:55:12,840 --> 03:55:16,300
I think I lost a train of thought on if I answered that that's great.

2703
03:55:16,480 --> 03:55:16,700
That's great.

2704
03:55:16,820 --> 03:55:17,600
You did answer my question.

2705
03:55:17,880 --> 03:55:18,300
Thank you.

2706
03:55:18,440 --> 03:55:18,580
Oh no.

2707
03:55:18,760 --> 03:55:19,580
You know what?

2708
03:55:19,580 --> 03:55:20,420
The one thing I didn't answer.

2709
03:55:21,020 --> 03:55:22,600
We want to compete directly with apartments.

2710
03:55:23,960 --> 03:55:27,260
And I know a lot of the apartment developers in town.

2711
03:55:27,280 --> 03:55:29,120
I know what their costs are, per door.

2712
03:55:29,120 --> 03:55:35,920
And we're excited that we think we're going to beat their costs in many cases, and by beating

2713
03:55:35,920 --> 03:55:41,820
costs, that means our rents can be very competitive against a three-story garden apartment.

2714
03:55:43,700 --> 03:55:45,320
Council member Rusein.

2715
03:55:47,230 --> 03:55:47,690
Thank you.

2716
03:55:47,690 --> 03:55:50,510
I know it's been a long day, and you're still very enthusiastic.

2717
03:55:52,090 --> 03:55:59,930
I wanted to ask you, and maybe George can answer about sub-metering to encourage water conservation,

2718
03:55:59,930 --> 03:56:05,790
have each unit individually metered so that they will be getting a water bill or how is

2719
03:56:05,790 --> 03:56:06,530
that going to be handled?

2720
03:56:06,950 --> 03:56:12,930
Great question and I don't know if I have a super strong answer for you yet, but I can

2721
03:56:12,930 --> 03:56:17,370
find one and have it to the city council tomorrow.

2722
03:56:19,610 --> 03:56:25,430
Generally, we'll meet or I think the buildings, so if it's a six-plex, it'll be a meter

2723
03:56:25,430 --> 03:56:26,410
to the six-plex.

2724
03:56:26,410 --> 03:56:32,750
If there's technology that allows us to determine how much water's going to each unit, we can do that.

2725
03:56:32,770 --> 03:56:37,490
But if we put individual meters on each unit, it's going to drive the cost up considerably,

2726
03:56:37,590 --> 03:56:42,110
is my understanding, and I'm trying to stop meters, not regular water meters.

2727
03:56:42,150 --> 03:56:46,370
If there's an affordable solution to do that, that would benefit us as well.

2728
03:56:46,630 --> 03:56:53,230
Because we also want to be able to see it, because if it's being abused, we can address it with the customer.

2729
03:56:53,230 --> 03:56:57,550
there's a leak. The good news is there's not a lot they're going to be able to

2730
03:56:57,550 --> 03:57:03,470
landscape because the backyards are brickpapers and artificial turf and then

2731
03:57:03,470 --> 03:57:08,990
the fronts, there's that artificial turf courtyard. So there's not a lot they

2732
03:57:08,990 --> 03:57:13,710
can really water and that's where most of the abuse happens is on landscaping and

2733
03:57:13,710 --> 03:57:19,340
then all the fixtures are low water use fixtures in the house. But I'm open to

2734
03:57:19,340 --> 03:57:24,740
If there is a solution that we can deploy that's affordable, I'm all for it.

2735
03:57:25,080 --> 03:57:32,660
Also, I just want to note that you have just one city dedicated street in and out for over 250 people.

2736
03:57:33,520 --> 03:57:34,660
Yes, we did a loop system.

2737
03:57:34,920 --> 03:57:39,680
So, as you drive in on the great street up at Jenelaine, you'll drive through the community.

2738
03:57:40,240 --> 03:57:46,040
And there's an emergency access that is shown with a hatched mark below that white box.

2739
03:57:46,040 --> 03:57:49,480
The white box is on the right side of the screen in the middle.

2740
03:57:49,980 --> 03:57:55,260
That's the existing Deep Well Ranch Monument, and so right below that is a gray line.

2741
03:57:55,540 --> 03:58:00,220
That's the secondary access to leave the community if there's ever an emergency or a fire,

2742
03:58:01,120 --> 03:58:06,580
and the transportation department did not want that to be full-blown dumping cars on to

2743
03:58:06,580 --> 03:58:11,540
Willow Creek, because that's a busy street, so it's going to be a breakaway gate for

2744
03:58:11,540 --> 03:58:20,140
emergency vehicles only. Okay. And then, um, you know, I, I hate to be cynical, but many times

2745
03:58:20,140 --> 03:58:27,340
we have people appear before us who, um, make all, give us a big sales pitch and all kinds

2746
03:58:27,340 --> 03:58:35,500
of promises. And then we okay it and then retroactively try to get it in writing and it never

2747
03:58:35,500 --> 03:58:43,240
happen so we've been using the word agree a lot and but agree isn't the same as getting

2748
03:58:43,240 --> 03:58:47,700
it actually in writing and I want to ask legal do we have anything in writing, concerning

2749
03:58:47,700 --> 03:58:51,520
this stipulations that planning and zoning requested.

2750
03:58:52,820 --> 03:58:59,180
There is a term sheet in writing that was worked out in terms of the conditions those four.

2751
03:59:00,280 --> 03:59:07,880
Sorry. Thank you. In terms of the four conditions that are brought to you today, that, as far

2752
03:59:07,880 --> 03:59:11,780
as I know, is not part of any writing, but would be part of their approval. So that would,

2753
03:59:11,940 --> 03:59:15,560
we would have that as part of the approval and wouldn't need it in writing. It would, in fact,

2754
03:59:15,780 --> 03:59:18,740
carry somewhat more weight. It would be your determination here today.

2755
03:59:21,570 --> 03:59:22,870
But I don't know if you're,

2756
03:59:23,310 --> 03:59:27,730
but the initial part of the initial, the conditions that he mentioned, he had agreed to,

2757
03:59:27,730 --> 03:59:35,250
is in writing. Okay. So these the stipulations that planning and zoning requested we have to include

2758
03:59:35,250 --> 03:59:41,150
those in the motion or Mr. Worley, do you have a comment? The only comment was I think the

2759
03:59:41,150 --> 03:59:46,790
city attorney covered it is if you follow the motion language you're including those four

2760
03:59:46,790 --> 03:59:53,490
conditions as part of your recommendation or your motion to approve. Okay and also I have one question

2761
03:59:53,490 --> 03:59:59,970
for Mr. Grounds. Previously, you'd said something about if tenant is unhappy.

2762
04:00:00,000 --> 04:00:08,280
Be with the overflights. He'll be able to collect his deposit and be released from his lease.

2763
04:00:08,980 --> 04:00:16,180
No, that was what Dr. Spotta asked us if we would do. It was a fifth question from her that after

2764
04:00:16,180 --> 04:00:22,400
our research with all the construction lenders, they're not going to let us put a clause in a lease that says,

2765
04:00:22,400 --> 04:00:28,440
Come on in, lease this unit, and then if you decide you don't want to live here and you can just leave

2766
04:00:28,440 --> 04:00:32,640
because the cost for us to change over a customer is very expensive.

2767
04:00:34,480 --> 04:00:39,500
So that's the only one that we didn't agree to because for us it's not practical to close a

2768
04:00:39,500 --> 04:00:43,220
56 million dollar construction loan with that clause in there.

2769
04:00:43,340 --> 04:00:51,780
The banks want to see a healthy thriving community for them to lend on.

2770
04:00:51,780 --> 04:00:57,340
That one would make them nervous if people can leave for no reason, but that is the reason why we're agreeing to all these other

2771
04:00:58,140 --> 04:01:02,700
Things even the ones that we're volunteering to do to make sure everybody knows

2772
04:01:02,700 --> 04:01:10,700
There's an airport right there and there's 877 flights that happen every day and that'll change as it grows will update the number

2773
04:01:11,300 --> 04:01:12,560
It's full disclosure

2774
04:01:13,520 --> 04:01:20,540
And and and I'm happy to work with you may be renting to a lot of Emory riddle students who will not be bothered by the overflights

2775
04:01:20,540 --> 04:01:26,340
Yeah. Well, and you know, I built a lot of the houses that were in deep well before we sold

2776
04:01:26,340 --> 04:01:32,160
years ago and the community that I was most responsible for was Saddlewood and those

2777
04:01:32,160 --> 04:01:38,720
folks for the most part by far love their homes and they're much closer to the airport than

2778
04:01:38,720 --> 04:01:47,280
this community is. So we're very optimistic and hopeful that they'll love this and that's why

2779
04:01:47,280 --> 04:01:51,400
willing to invest so much into it. Okay, thank you. Thank you.

2780
04:01:51,440 --> 04:01:56,980
Councilor and more. Thank you, Mayor. You mentioned parking structures. Are you going to have

2781
04:01:56,980 --> 04:02:01,620
parking covered parking? No, we're going to have garages and we don't know how many garages

2782
04:02:01,620 --> 04:02:17,260
we're going to have yet, but it'll probably be somewhere between 60 and 150 garages. We're going to

2783
04:02:17,260 --> 04:02:19,540
of and beyond the parking requirement.

2784
04:02:20,200 --> 04:02:21,700
Yeah, my question really wasn't about parking.

2785
04:02:21,880 --> 04:02:23,780
It was more about if you had a covered parking,

2786
04:02:23,920 --> 04:02:25,820
would you be using solar in this project

2787
04:02:25,820 --> 04:02:27,380
because that would be a strong proponent

2788
04:02:27,380 --> 04:02:30,240
for using solar as part of this project?

2789
04:02:31,020 --> 04:02:31,260
Yes.

2790
04:02:32,660 --> 04:02:32,840
Yeah.

2791
04:02:33,600 --> 04:02:36,100
If we do some covered, we would want it hidden

2792
04:02:36,100 --> 04:02:38,140
because we're still going to back to our discipline

2793
04:02:38,140 --> 04:02:40,240
of trying to make it look like the antithesis

2794
04:02:40,240 --> 04:02:41,440
of an apartment project.

2795
04:02:44,100 --> 04:02:46,420
So solar panels on parking grudges

2796
04:02:46,420 --> 04:02:51,640
are not that expensive, you know, if we, if we, so I'm open to the idea, I don't know if

2797
04:02:51,640 --> 04:02:56,180
I'd asked to have that as a requirement at this meeting, but it would give me a chance

2798
04:02:56,180 --> 04:02:57,180
to do some research.

2799
04:02:57,920 --> 04:03:04,200
We are going to have quite a few charging stations for electric vehicles at our last rental

2800
04:03:04,200 --> 04:03:08,300
community, every resident has an electric vehicle charge.

2801
04:03:08,780 --> 04:03:14,440
We don't know what we're going to do here yet, because we haven't until we pass this level,

2802
04:03:14,440 --> 04:03:18,420
we haven't finished all the plans and costs and all those things.

2803
04:03:19,240 --> 04:03:20,900
I would appreciate you considering it.

2804
04:03:20,900 --> 04:03:23,780
I think that's environmentally a good idea for the future.

2805
04:03:24,140 --> 04:03:24,980
I agree.

2806
04:03:26,280 --> 04:03:28,280
So I'm assuming those are level one.

2807
04:03:28,500 --> 04:03:34,400
Charger ports in the parking garage of the unit,

2808
04:03:34,760 --> 04:03:37,690
or you're going to have some outside that could be level two.

2809
04:03:38,340 --> 04:03:40,730
There's going to need to be like in a garage,

2810
04:03:41,140 --> 04:03:43,940
any garage that we have would automatically have

2811
04:03:43,940 --> 04:03:51,900
electric charging to 20 in the garage. So that's a given. The question we haven't decided yet is how many are on the outside

2812
04:03:51,900 --> 04:03:58,520
or people can just pull up anywhere and they can find their charging stations, but you see more and more and more EVs.

2813
04:03:59,080 --> 04:04:05,060
So if we don't have enough EV charging stations, we're going to lose in the marketplace. So it's a it's a good motivator

2814
04:04:07,260 --> 04:04:11,480
and our actions hopefully speak louder than words that you see what we did at the last one

2815
04:04:12,320 --> 04:04:14,040
with everyone going.

2816
04:04:14,600 --> 04:04:20,340
And what about the long-term management of this rental facility?

2817
04:04:20,900 --> 04:04:24,380
Is that going to be you or are you going to contract that out?

2818
04:04:24,700 --> 04:04:25,880
We'll contract it out.

2819
04:04:25,940 --> 04:04:32,320
Currently, we use a company called cohere, which is the owners of cohere did all of the DMB projects

2820
04:04:32,320 --> 04:04:33,080
for decades.

2821
04:04:33,720 --> 04:04:36,880
DMB has an incredible reputation for socialization.

2822
04:04:37,200 --> 04:04:40,820
That's why we sought them out because we want to have that same level,

2823
04:04:40,820 --> 04:04:48,140
like Virato and DC Ranch, and so we brought them in, and currently we think we're going

2824
04:04:48,140 --> 04:04:52,760
to use them, but that's not fully decided yet, but they're doing a great job, and I don't

2825
04:04:52,760 --> 04:04:57,440
see why we wouldn't use them. So they would be our third-party property manager.

2826
04:04:58,320 --> 04:05:05,860
Well, we're making the decision on proving this based upon all of the components of your

2827
04:05:05,860 --> 04:05:17,100
proposal and having a rental location allows you to control a lot of the things that we

2828
04:05:17,100 --> 04:05:20,140
are very concerned about in a residential community.

2829
04:05:20,900 --> 04:05:27,300
So your ability to control landscaping and control water use and control the heights of

2830
04:05:27,300 --> 04:05:34,020
trees and other things that we have to consider in the long run and knowing that you're

2831
04:05:34,020 --> 04:05:41,980
all these disclosure, transparency issues when somebody comes in to first look at it and decide

2832
04:05:41,980 --> 04:05:49,280
they want to, want to lease a location from you, then we've got to make sure that these

2833
04:05:49,280 --> 04:05:57,240
continue on over the long run. I know sub-metering can be somewhat expensive, but it should

2834
04:05:57,240 --> 04:06:03,480
be in your best interest to control the water use within those rental units because you're

2835
04:06:03,480 --> 04:06:09,420
one paying the bill. Yes. And you would then, how do you how do you go about

2836
04:06:11,460 --> 04:06:16,220
including that in the rental fee? So we we do an average kind of a guest

2837
04:06:16,220 --> 04:06:20,540
of what the water use will be. And then that's a line item in their lease.

2838
04:06:21,180 --> 04:06:28,400
So we are hyper-focused on what what the water is. So if we have a six-plus and it's this sixplex

2839
04:06:28,400 --> 04:06:32,660
is a lot higher than this one over here. We know there's a problem. So we'd have to dig in to figure

2840
04:06:32,660 --> 04:06:42,000
why, because it is going right to our pocketbook, if it's being abused, and then on electricity,

2841
04:06:42,760 --> 04:06:46,880
the people would pay their own electric bill. But there's generally on sewer and water,

2842
04:06:47,380 --> 04:06:51,440
that's a community fee that is added to their lease.

2843
04:06:53,700 --> 04:07:00,580
Tree, I can't, in terms of meter. Well, those are all the questions that I have, I know.

2844
04:07:00,580 --> 04:07:06,780
I've kind of toured your mulberry farms facility and boy, this looks very similar.

2845
04:07:07,960 --> 04:07:15,460
And I know a lot of the components of your presentation, new included there.

2846
04:07:16,080 --> 04:07:24,700
So that's something that we all can look on to know that Mr. Rounds and the great

2847
04:07:24,700 --> 04:07:29,960
Street's program isn't just a nice proposal on paper.

2848
04:07:30,000 --> 04:07:37,260
We're hit to currently exist down in Prescott Valley and apparently it's very, very popular.

2849
04:07:37,880 --> 04:07:41,560
You're excited about it? Thank you.

2850
04:07:42,480 --> 04:07:43,520
Any other concerns?

2851
04:07:44,780 --> 04:07:49,600
I know at the bottom of the fifth inning Arizona now is a head 3 to 2.

2852
04:07:54,920 --> 04:07:59,400
Well, I'm only giving you updates if the conclusion of an inning.

2853
04:08:00,060 --> 04:08:06,640
Okay, I mean, it's exciting to talk about the middle, but, you know, we're trying to run a city council meeting here.

2854
04:08:07,500 --> 04:08:07,520
Okay.

2855
04:08:08,520 --> 04:08:12,920
Mayor, can I may or may I make it just a quick comment?

2856
04:08:13,240 --> 04:08:13,560
Go ahead.

2857
04:08:13,880 --> 04:08:15,160
I wanted to thank you also.

2858
04:08:15,160 --> 04:08:21,020
was in planning and zoning when you were there for how amenable you've been. And instead of

2859
04:08:21,020 --> 04:08:26,180
resisting every suggestion, I'm glad you had an open mind to understand the wise and the house

2860
04:08:26,180 --> 04:08:31,160
of being asked to do some of those things. So I appreciate that. Thank you. Thank you.

2861
04:08:33,500 --> 04:08:34,020
We have any

2862
04:08:34,020 --> 04:08:43,020
public comment. Nope. I'll entertain a motion. May I move to approve site 22-004. Second.

2863
04:08:44,120 --> 04:08:46,220
question in second please vote

2864
04:08:53,670 --> 04:08:56,770
passes seven zero. Thank you. Thank you. Thank you, Mr. Brown.

2865
04:08:57,030 --> 04:09:01,510
Good luck and I welcome to North Prescott. Very grateful. Thank you.

2866
04:09:18,580 --> 04:09:22,400
It's a big one. I know, impressed.

2867
04:09:29,700 --> 04:09:31,660
Would you like me to introduce the next item, Mayor?

2868
04:09:32,780 --> 04:09:41,260
Okay. Yep. No problem. Sure. The next item is the approval of multiple contracts related to the fiscal year

2869
04:09:46,300 --> 04:09:53,280
I'm going to let Tim see her, so I'm going to let him talk about it, and what I love about Tim is he likes to just move through these things very quickly, don't you, Tim?

2870
04:09:54,720 --> 04:09:56,120
Good morning, Mary and Council.

2871
04:09:57,900 --> 04:10:11,240
Before I get started, joining me today is Greg Patrick, and while Council may not be familiar with Greg, Greg has been with the city for nearly 20 years in our street maintenance department, and recently he's been serving as our infrastructure analyst to keep our

2872
04:10:11,240 --> 04:10:13,240
to help us advance our payment management program.

2873
04:10:13,920 --> 04:10:16,920
Greg has a great expertise in performance and life cycles

2874
04:10:16,920 --> 04:10:18,680
and his extensive knowledge of the city's

2875
04:10:18,680 --> 04:10:21,520
payment network has been a huge asset for public works.

2876
04:10:21,660 --> 04:10:24,040
And what I'm done, Greg and I can help take questions.

2877
04:10:25,020 --> 04:10:27,160
While I'm asking for you to approve a contract,

2878
04:10:27,420 --> 04:10:29,940
Greg did the Yomans work on securing these two contracts

2879
04:10:29,940 --> 04:10:31,480
for this particular item.

2880
04:10:33,500 --> 04:10:36,740
So the project is primarily along Willick Creek Road

2881
04:10:38,040 --> 04:10:40,040
from Green Lane down to Iron Springs Road

2882
04:10:40,040 --> 04:10:44,460
over the hospital that. As many of you know, and if you drive it, it's pretty much the worst part

2883
04:10:44,460 --> 04:10:47,720
of the worst section of Willick Creek Road, this kind of remaining. The other sections

2884
04:10:47,720 --> 04:10:52,680
north of here have had a various payment. Rehabilitations or treatments over the last few

2885
04:10:52,680 --> 04:10:57,880
years. So the project will include a profile meal and double micro seal type 3 installation

2886
04:10:57,880 --> 04:11:02,980
along that yellow line from Greenland down to the hospital. The current PCI for this section

2887
04:11:02,980 --> 04:11:10,480
The road is about a 55, and then we'll apply a double micro seal tree application on this

2888
04:11:10,480 --> 04:11:10,720
road.

2889
04:11:10,940 --> 04:11:14,460
And then the other, atcillary roads next to it, stuff like that, we're going to be in this

2890
04:11:14,460 --> 04:11:14,720
area.

2891
04:11:14,820 --> 04:11:18,320
These will also get micro seal treatments.

2892
04:11:18,520 --> 04:11:20,480
They will not get the micro mill, like Willick Creek Road will.

2893
04:11:20,920 --> 04:11:25,140
This is a project we just recently completed on Prescott Lake's Parkway, not that long ago

2894
04:11:25,140 --> 04:11:28,940
from 89 over to Willick Road, so we have a similar look and feel to it when it's done.

2895
04:11:30,080 --> 04:11:38,680
We are also doing pavement repairs on southbound Willow Creek Road at Rossor between Delano and

2896
04:11:38,680 --> 04:11:40,600
Rossor about 360 linear feet.

2897
04:11:40,980 --> 04:11:42,740
Both those lanes are pretty trashed.

2898
04:11:43,000 --> 04:11:45,780
We had a series of water leaks in the intersection over the number of years.

2899
04:11:46,620 --> 04:11:47,860
A lot of pavement repairs have been done that.

2900
04:11:47,980 --> 04:11:50,820
So we're going to, the two southbound lanes are going to be completely milled and three

2901
04:11:50,820 --> 04:11:53,640
inches of new asphalt put in before we do the micro seal.

2902
04:11:54,320 --> 04:11:57,320
The PCI in that area right there is averaging about a 35.

2903
04:11:57,320 --> 04:12:02,620
We would expect the road to come up to a between an 80 and 85 when we're done with the whole corridor.

2904
04:12:03,280 --> 04:12:08,660
Advantage is that this type of treatment is very cost effective and it'll increase our PCI.

2905
04:12:09,600 --> 04:12:13,860
Microceal consists of applying a mixture of a most vital and aggregates in the existing roadway surface.

2906
04:12:14,280 --> 04:12:16,580
Treatment helps to preserve the underlying pavement.

2907
04:12:16,960 --> 04:12:19,380
The annual IPA in this area is in pretty good shape.

2908
04:12:19,740 --> 04:12:23,360
I know it may not look like it, but a lot of what you're seeing coming off there is 8 old ACFC.

2909
04:12:24,240 --> 04:12:30,500
The project will support City's strategic goals, the City Council's strategic goals for highly rated services and well-maintained streets.

2910
04:12:31,420 --> 04:12:34,740
Cities permitted by code to purchase services under another publicly bid contract.

2911
04:12:35,100 --> 04:12:40,420
This project will use the most, will use cost-competitive procurement process completed by the City of Glendale,

2912
04:12:40,780 --> 04:12:44,900
Southwest Slurry Seal, entered into a one year contract with Glendale in December of last year,

2913
04:12:45,300 --> 04:12:47,920
and that contract expires December 13th of this year.

2914
04:12:47,920 --> 04:12:53,060
The public work staff also selected to use the city's job order contracting or the

2915
04:12:53,060 --> 04:12:57,140
jock method for delivery method which a banicky construction for the payment

2916
04:12:57,140 --> 04:12:58,080
removals.

2917
04:12:58,320 --> 04:13:02,240
Public works is recommending a ward of contracts to southwest slurry seal in the amount

2918
04:13:02,240 --> 04:13:11,240
of $1,178,355, and a job order contracting contract to a banicky construction for

2919
04:13:11,240 --> 04:13:14,180
for $98,624 in 20 cents.

2920
04:13:14,480 --> 04:13:16,500
Funding for the project is budgeted in FY24

2921
04:13:16,500 --> 04:13:17,800
and available in the streets fund.

2922
04:13:19,300 --> 04:13:19,940
Thank you, Tim.

2923
04:13:20,460 --> 04:13:21,360
The mayor stepped out.

2924
04:13:21,520 --> 04:13:24,080
I'm gonna, who has questions over there?

2925
04:13:24,220 --> 04:13:25,680
I'll go with Eric first, because he's closer.

2926
04:13:26,240 --> 04:13:26,520
Go, Eric.

2927
04:13:27,700 --> 04:13:28,520
Thank you, Mayor Protein.

2928
04:13:29,000 --> 04:13:29,900
I have several questions.

2929
04:13:30,800 --> 04:13:32,980
I know, Rue Street,

2930
04:13:33,300 --> 04:13:35,740
and I believe Willow Creek Down near the hospital

2931
04:13:35,740 --> 04:13:39,520
has several springs underneath the roadway surfaces

2932
04:13:39,520 --> 04:13:45,520
that continue to affect the quality of the road is that being addressed, I mean, how do you deal with springs?

2933
04:13:45,840 --> 04:13:54,640
Some pumps, whatever. That's one question. The other question is the duration of the project and how will impact businesses on Willow Creek Road?

2934
04:13:55,240 --> 04:13:57,340
It says, the interest of Bizzle and all.

2935
04:13:59,820 --> 04:14:00,300
Very good.

2936
04:14:00,440 --> 04:14:00,640
Take a look at that.

2937
04:14:00,780 --> 04:14:02,900
You want me to.

2938
04:14:02,900 --> 04:14:03,600
Mayor Council.

2939
04:14:04,520 --> 04:14:08,740
So the, as far as the springs go and stuff, this is just a surface treatment.

2940
04:14:09,260 --> 04:14:13,620
So we're not going into any kind of base or any dealing with any kind of groundwater at this point.

2941
04:14:14,360 --> 04:14:18,220
This is intended to, you know, last for about seven years.

2942
04:14:19,000 --> 04:14:24,620
As far as the impact to business isn't stuff, we're going to do a community out there.

2943
04:14:24,620 --> 04:14:31,200
reach talk to the businesses and stuff. We're going to try and keep the work zones rather small

2944
04:14:31,200 --> 04:14:37,860
about a half a mile at a time or so and then do that work in that area complete that and then

2945
04:14:37,860 --> 04:14:43,500
move down to the next section to try and keep the impact as small as possible. The impact area.

2946
04:14:44,100 --> 04:14:48,620
Councilman Moore, I would note as a business center who has a property on Willick Creek Road where

2947
04:14:48,620 --> 04:14:51,660
The road is currently torn up on polyamion.

2948
04:14:51,680 --> 04:14:53,020
Is it polyamion?

2949
04:14:53,300 --> 04:14:53,620
Yes, polyamion.

2950
04:14:54,660 --> 04:14:58,480
They have been the outreach and communication that they have done has been amazing.

2951
04:14:59,040 --> 04:14:59,980
And I've been meaning to tell you.

2952
04:15:00,000 --> 04:15:04,460
Hey, that time. You guys have been top notch. Any time the road, the street was closed today, and

2953
04:15:04,460 --> 04:15:11,460
I got notified a week in advance. So I think they're using the same same PR company.

2954
04:15:12,080 --> 04:15:17,800
Yeah, and they're amazing. By the way, they do good work. Council Member Rucing.

2955
04:15:18,060 --> 04:15:25,980
Thank you. I would just like to say thank you for getting this project underway. Will O Creek is a critical

2956
04:15:25,980 --> 04:15:31,200
our artory here through our community, it's an economic generator.

2957
04:15:31,480 --> 04:15:37,200
We have a lot of businesses that front it, and it's just a coincidence that we have

2958
04:15:37,200 --> 04:15:43,100
two council members whose businesses were definitely be appreciated by this.

2959
04:15:51,020 --> 04:15:52,700
So what's the score?

2960
04:15:58,670 --> 04:16:00,650
In that case, I'll entertain a motion.

2961
04:16:02,870 --> 04:16:08,850
May I move to approve city contract number 2024-085?

2962
04:16:09,150 --> 04:16:09,670
Second.

2963
04:16:11,210 --> 04:16:13,010
Motion is second please vote.

2964
04:16:19,490 --> 04:16:21,450
So much confidence I have in you, Tim.

2965
04:16:21,830 --> 04:16:22,990
Passes 7-0.

2966
04:16:23,870 --> 04:16:28,970
And I move to approve city contract number 2023-211.

2967
04:16:32,450 --> 04:16:32,990
Is vote?

2968
04:16:40,130 --> 04:16:41,310
Passes 7-0.

2969
04:16:50,890 --> 04:16:50,910
Right.

2970
04:16:50,910 --> 04:16:56,710
I'll take us to the next and final agenda item, which is the approval of the purchase of the Arizona State

2971
04:16:56,710 --> 04:17:03,930
Land Glassford Hill open space in the amount of $6,553,767.

2972
04:17:04,310 --> 04:17:07,510
I do have Joe Baines here, our Parks and Recreation Director.

2973
04:17:07,990 --> 04:17:13,410
This has been a long, long-awaited and great project that talks about the partnership, the

2974
04:17:13,410 --> 04:17:18,990
regional partnerships between the city of Prescott Valley and the county, and I'm super excited

2975
04:17:18,990 --> 04:17:21,990
for this coming up, so let's go ahead, Joe.

2976
04:17:22,170 --> 04:17:24,110
Thank you, Katie, and thank you, Mayor and Council.

2977
04:17:24,650 --> 04:17:26,770
Yeah, let's talk about 30 years to put it together

2978
04:17:26,770 --> 04:17:29,250
and I'm going to do this presentation in about 10 minutes.

2979
04:17:32,460 --> 04:17:34,620
So just a little bit of background, really this process

2980
04:17:34,620 --> 04:17:37,620
started in 1998, when the City of Prescott

2981
04:17:37,620 --> 04:17:39,580
and Prescott Valley petitioned the Arizona,

2982
04:17:39,980 --> 04:17:42,800
or petitioned the Arizona State Land Department

2983
04:17:42,800 --> 04:17:46,120
through the Arizona Premonition Preserve Initiative

2984
04:17:46,600 --> 04:17:49,920
to set aside 1893 acres of this as suitable

2985
04:17:49,920 --> 04:17:53,880
for conservation, which really, at the end of the day,

2986
04:17:54,160 --> 04:17:56,620
was very important, because the appraisal value

2987
04:17:56,620 --> 04:18:00,280
then became quite a bit less 20, 25 years later.

2988
04:18:01,560 --> 04:18:04,200
In 2000, the Prescott Voters pass a 1% streets

2989
04:18:04,200 --> 04:18:06,740
in open space tax that a lot of this money

2990
04:18:06,740 --> 04:18:08,660
was spent on for acquiring open space

2991
04:18:08,660 --> 04:18:10,520
that's contiguous to glass for heel.

2992
04:18:11,100 --> 04:18:12,400
So really, what we're talking about here

2993
04:18:12,400 --> 04:18:14,440
is glass for heel, but we're also talking

2994
04:18:14,440 --> 04:18:16,840
about all of the properties around it that have been

2995
04:18:16,840 --> 04:18:19,200
require that make the regional park.

2996
04:18:20,800 --> 04:18:23,940
In 2021, one of those pieces that we put together,

2997
04:18:23,960 --> 04:18:28,060
I think with this council, was the annexation

2998
04:18:28,060 --> 04:18:32,020
with Arizona Eco Development, which added 474 acres of this

2999
04:18:32,020 --> 04:18:35,780
regional park into the city of Prescott.

3000
04:18:36,520 --> 04:18:42,720
And in 2019 and 2019 and 2021, we were successful

3001
04:18:42,720 --> 04:18:45,940
in acquiring 468 acres of North Storm Ranch.

3002
04:18:45,940 --> 04:18:54,660
It's also in the heart of the granite del's and can take you as again to glass for a hill as well as the AED property and Watson Lake.

3003
04:18:56,260 --> 04:19:10,340
Then in 2022, May 26, we went into an intergovernmental agreement with our partners in Prescott Valley in the county for the purpose of trying to purchase this stateland property of glass for a hill.

3004
04:19:10,340 --> 04:19:16,800
And then, with the help of Selena Bliss, who sponsored the bill and Kwan and Senator Bennett

3005
04:19:16,800 --> 04:19:25,220
that helped us pass House Bill 2518 each Prescott Valley and Prescott received $1.75 million

3006
04:19:25,220 --> 04:19:27,280
from the state to help with this purchase.

3007
04:19:27,920 --> 04:19:32,120
So a lot of things that had to happen in the background to make this thing where it is today.

3008
04:19:33,480 --> 04:19:38,540
So there's a lot of numbers on this page, and really I think what's important here is this

3009
04:19:38,540 --> 04:19:43,200
out the parcels. And by the way, I have Brian Sparks, our real estate administrator, who's been

3010
04:19:43,200 --> 04:19:48,540
a huge help on this whole thing here. If there's any questions you might have for him. But really,

3011
04:19:48,660 --> 04:19:53,000
this is just breaking it down by a personal number and the price per parcel. But the important

3012
04:19:53,000 --> 04:19:58,740
stuff here is how we worked it down through the partnership. We worked it down through the partnership

3013
04:19:58,740 --> 04:20:05,660
with the county agreeing to pay 35% of the city's purchase as well as the town of Prescott Valley's

3014
04:20:06,940 --> 04:20:17,360
The state appropriation that I just spoke to you about that worked it down in the real number here that's important for this discussion is the taxpayers of the city of Prescott.

3015
04:20:17,600 --> 04:20:25,560
The cost for this 953 acres of property, your $960 acres, excuse me, is under $700,000.

3016
04:20:26,420 --> 04:20:34,600
So I think our partners helped us get this down to I think a palatable level for a purchase for something as significant as what we're looking at here.

3017
04:20:36,580 --> 04:20:38,500
And I will show you a video.

3018
04:20:44,770 --> 04:20:45,730
I'll see you in the next one.

3019
04:24:09,120 --> 04:24:15,400
So that is basically about 4,000 acres all together when you consider it. And I call this the puzzle right

3020
04:24:15,400 --> 04:24:21,140
here. These are the pieces of the puzzle that have been put together over the years, 1998, the purchase

3021
04:24:21,140 --> 04:24:27,000
of Watson Lake, Watson Woods proceeded that all of these pieces fit the puzzle that gives us a

3022
04:24:27,000 --> 04:24:33,170
contiguous about its well over 4,000 acres of contiguous property with our neighbors and

3023
04:24:33,170 --> 04:24:41,350
and our partners in the county that becomes a regional, a regional draw and it will draw people from across the country for sure.

3024
04:24:42,510 --> 04:24:49,170
So this is kind of the doorstep of what we're at right now. The green is the proposed purchase that's in front of you today.

3025
04:24:50,490 --> 04:24:54,170
A couple of kind of moving forward things here.

3026
04:24:54,170 --> 04:24:59,170
Here, per the intergovernmental agreement, press-get and press-caballi and the county will continue

3027
04:24:59,170 --> 04:25:03,850
to meet at least annually to strategize the future, glass-for-kill property purchases.

3028
04:25:04,710 --> 04:25:08,430
In the IGA, we identified about 3,500 acres in total.

3029
04:25:08,950 --> 04:25:14,510
This purchase is around 2,400 acres, so there's still, or 2,300 acres, there's still some

3030
04:25:14,510 --> 04:25:16,490
acreage in there that's left to be contemplated.

3031
04:25:16,970 --> 04:25:21,930
This, of course, is the most prominent parts of glass-for-deal, and I think probably deserves

3032
04:25:21,930 --> 04:25:29,170
more of the attention. Also, the Arizona State Land Department will be holding an auction for

3033
04:25:29,170 --> 04:25:33,890
this property, they have to auction it off just for the public. I know it counts when

3034
04:25:33,890 --> 04:25:40,550
those this, but the State Trust land is mainly there to benefit financially schools, K through

3035
04:25:40,550 --> 04:25:45,930
12 education. So they do have to offer their property to the highest bidder that funds that

3036
04:25:45,930 --> 04:25:51,830
education in the state. So there will be an auction on November 21st at 10 AM on the courthouse

3037
04:25:51,830 --> 04:25:57,110
steps. After that we'll have a celebration with more details to come and I thought it was really

3038
04:25:57,110 --> 04:26:03,310
important to point out I think it's epic this partnership that we've had not only with the county

3039
04:26:03,310 --> 04:26:08,830
and Prescott Valley but the state to all pull the rope in the same direction is pretty amazing.

3040
04:26:09,670 --> 04:26:15,110
We did this process in 18 months. Again I've got to hand it off to Brian Sparks helping us on the city

3041
04:26:15,110 --> 04:26:20,710
and with the state land permit which can be very cumbersome to work with but Brian helped

3042
04:26:20,710 --> 04:26:25,710
kind of weaver way through that process and got us to the courthouse steps on November 21st.

3043
04:26:26,910 --> 04:26:30,790
This purchase is budgeted in this fiscal year budget in the general fund.

3044
04:26:31,370 --> 04:26:36,830
And with that, I'd be happy to answer any questions and Brian is also here if you have any questions specifically about the process.

3045
04:26:40,490 --> 04:26:41,450
Councilmember Rucing.

3046
04:26:42,970 --> 04:26:43,830
Thank you.

3047
04:26:44,310 --> 04:26:46,430
This is really an exciting day.

3048
04:26:46,550 --> 04:26:51,750
It's been a long time coming and I just want to thank everyone involved for bringing this to.

3049
04:26:51,750 --> 04:26:59,490
This is a legacy project and it's been a dream for many people. I just want to clarify the

3050
04:27:00,470 --> 04:27:08,710
The public notice in the October 20 career has a very small map and

3051
04:27:08,710 --> 04:27:14,050
I was looking at it and there seemed to be a discrepancy between the map that we got in our packet

3052
04:27:14,050 --> 04:27:17,170
But I see the map that you have in your presentation

3053
04:27:18,350 --> 04:27:33,210
Corresponds with the map that's in the state land public notice, so that's been taken care of and also I want to remind people that this is just phase one that we've got a phase two in the works hopefully.

3054
04:27:34,330 --> 04:27:35,070
Thank you.

3055
04:27:35,070 --> 04:27:36,390
Thank you.

3056
04:27:38,370 --> 04:27:38,550
Mayor.

3057
04:27:39,310 --> 04:27:40,150
Thank you, Mayor.

3058
04:27:41,070 --> 04:27:42,710
I think there's a couple of things I want to say.

3059
04:27:42,870 --> 04:27:44,770
First off, I want to say thank you to Joe.

3060
04:27:44,770 --> 04:27:47,530
I know that that puzzle piece picture you showed us

3061
04:27:47,530 --> 04:27:50,370
that you've been a real integral part of making that happen.

3062
04:27:50,510 --> 04:27:52,910
So I want to give you some kudos on that.

3063
04:27:53,250 --> 04:27:55,750
I also know that that work doesn't happen

3064
04:27:55,750 --> 04:27:58,770
without a lot of other hands within the city staff

3065
04:27:58,770 --> 04:27:59,990
working to do that too.

3066
04:28:00,510 --> 04:28:03,570
So I just want to thank directly all the city staff

3067
04:28:03,570 --> 04:28:04,850
that was part of this acquisition.

3068
04:28:04,850 --> 04:28:08,050
It's been a long time coming, and it is a very exciting moment.

3069
04:28:08,590 --> 04:28:11,010
And I also just want to echo what Joe has said,

3070
04:28:11,370 --> 04:28:13,870
which is, this is really a pretty big achievement

3071
04:28:13,870 --> 04:28:18,370
for a region, not least of which because it was, it took a lot of regional cooperation.

3072
04:28:20,110 --> 04:28:25,710
And, and that goes from President Prescape Valley up by county, you know, even our local

3073
04:28:25,710 --> 04:28:29,870
representatives were involved in kind of making sure we got state allocation from this.

3074
04:28:30,090 --> 04:28:34,190
It's, it's a real, this is what, in my mind, good government looks like when it's doing

3075
04:28:34,190 --> 04:28:34,670
good work.

3076
04:28:34,950 --> 04:28:39,130
So I just want to thank all the folks that had, whose hands touched this project along

3077
04:28:39,130 --> 04:28:39,710
the way.

3078
04:28:43,140 --> 04:28:53,920
Council on Taney. Thank you. I just echo as well. What we're talking about super exciting to put this this piece together. Can you reiterate first one more time how many acres we're looking at a acquiring

3079
04:28:54,380 --> 04:29:09,040
With this potentially on November 21st and then the total cost of the city is less than $685,000. That's correct. So nine hundred and fifty three acres in this purchase and a six hundred and eighty four thousand dollars in some odd change.

3080
04:29:10,800 --> 04:29:18,940
The total of the, the city of Prescott is 953 acres for $680,000,000 and Prescott

3081
04:29:19,600 --> 04:29:29,740
Valley's is 1253 acres, yeah, 1,300 in change for a little over a 1.3 million I believe

3082
04:29:29,740 --> 04:29:30,720
it is.

3083
04:29:32,350 --> 04:29:33,210
That's fantastic.

3084
04:29:33,470 --> 04:29:37,870
Thank you so much for both of you for everything that you've done and again, Kathy and

3085
04:29:37,870 --> 04:29:41,990
and I mentioned a lot of people who've been putting effort into this, but I know that you've

3086
04:29:41,990 --> 04:29:45,490
been running point on this for us. And I'm excited to see what Chris Hoskins gonna do with

3087
04:29:45,490 --> 04:29:46,050
this.

3088
04:29:50,050 --> 04:29:59,270
Mr. Mayor. Councilmember Rucing. Oh, yeah. Is Mr. Sparks here? Oh, there he is. Okay. I haven't

3089
04:29:59,270 --> 04:29:59,970
match you yet.

3090
04:30:00,000 --> 04:30:07,200
And I was wondering who you were. And I just wanted to thank you for all your expertise and work

3091
04:30:07,200 --> 04:30:08,320
and bringing this to fruition.

3092
04:30:08,360 --> 04:30:12,360
Please, Brian Sparks, I'm the new city of Prescott Real Estate Administrator. And ironically,

3093
04:30:12,360 --> 04:30:17,200
I came from the state land department. So, and I was the chief administrator for the

3094
04:30:17,200 --> 04:30:20,880
state land department on this, Glassford Hillfile. So, I wonder how I got to know everybody.

3095
04:30:20,920 --> 04:30:26,040
And they stole me from the state. But I'm glad to be here glad I got to work on this.

3096
04:30:26,040 --> 04:30:27,180
But all the credit goes to Joe.

3097
04:30:27,320 --> 04:30:29,020
He's been working on this for a long time.

3098
04:30:30,200 --> 04:30:32,540
And this, like you said, this is a legacy project.

3099
04:30:32,980 --> 04:30:34,740
And it's going to be fantastic for the community.

3100
04:30:35,300 --> 04:30:36,700
So, well, welcome to Prescott.

3101
04:30:36,700 --> 04:30:37,160
Thank you.

3102
04:30:37,340 --> 04:30:37,880
Thank you.

3103
04:30:38,320 --> 04:30:39,460
I did some quick math.

3104
04:30:39,560 --> 04:30:42,040
I may have done wrong, but the total access of acres

3105
04:30:42,040 --> 04:30:45,080
that we're getting here and what we're paying is about $300

3106
04:30:45,080 --> 04:30:48,760
an acre to this cost to this people of the city of Prescott.

3107
04:30:49,080 --> 04:30:49,800
That's fantastic.

3108
04:30:50,140 --> 04:30:52,220
You can't buy land in like Paul denner someplace

3109
04:30:52,220 --> 04:30:53,640
that nobody wants to be for that.

3110
04:30:56,800 --> 04:31:05,060
Well, I know when I was involved in almost all of the meetings that went on here and I know

3111
04:31:05,060 --> 04:31:11,460
having a combination of the State Land Department, the State Department of Parks and Recreation,

3112
04:31:12,000 --> 04:31:19,500
both of all of the communities, the county involved, Alecco, what the Mayor Protem said that,

3113
04:31:19,500 --> 04:31:27,760
And this is an example of how multiple jurisdictions can work together for the betterment of the community.

3114
04:31:28,660 --> 04:31:34,140
So I think the fact that we got this thing done in 18 months is pretty darn remarkable in and of itself.

3115
04:31:34,940 --> 04:31:42,920
So I want to thank you, Joe, and everybody that was involved here to get to this point.

3116
04:31:42,920 --> 04:31:52,280
And even though I think a lot of people in the community will see this $6.55 million number first,

3117
04:31:53,260 --> 04:31:59,020
emphasizing the fact that the net cost to us is less than $685,000.

3118
04:31:59,600 --> 04:32:08,540
And we even had some controversial issues when the appraisal first came up when the appraisal hadn't even visited the area.

3119
04:32:08,540 --> 04:32:18,220
So when he walked up on top of this dormant volcano and then realized that the slope there was really not very

3120
04:32:18,220 --> 04:32:26,780
developable it caused the appraisal value to approach a more reasonable number and that's why we're here today.

3121
04:32:27,740 --> 04:32:36,560
So thank you all for doing this and I think the community at large and having a regional park now that can be made available for

3122
04:32:36,560 --> 04:32:43,700
not only our residents, but people in the broader community, and as we continue to be known

3123
04:32:45,440 --> 04:32:53,920
as an eco tourism location, this just adds to the interest here. Originally, it was going

3124
04:32:53,920 --> 04:33:03,000
to be called the Glassford Hill Regional Park, but I figured we needed to kind of change that name

3125
04:33:03,000 --> 04:33:04,840
for marketing purposes.

3126
04:33:05,900 --> 04:33:09,040
So a lot of people realize the unique aspects

3127
04:33:09,040 --> 04:33:10,300
are the granite dells.

3128
04:33:11,680 --> 04:33:14,220
And I think a lot of people want to come here

3129
04:33:14,220 --> 04:33:17,560
to see the granite dells, not necessarily a dormant volcano.

3130
04:33:18,620 --> 04:33:20,600
So that's why we just had to change the name

3131
04:33:20,600 --> 04:33:23,640
to the glass for dells region apart.

3132
04:33:24,160 --> 04:33:27,240
So we can probably market it with a little more effectively

3133
04:33:27,240 --> 04:33:28,160
in the future.

3134
04:33:28,160 --> 04:33:32,880
So, thank you for that, and do we have any public comment?

3135
04:33:33,520 --> 04:33:34,100
We do.

3136
04:33:34,300 --> 04:33:34,800
Tom Rusning?

3137
04:33:39,430 --> 04:33:40,310
Good evening, everybody.

3138
04:33:42,090 --> 04:33:46,390
The comments I'm going to make tonight are really those of Joanne Holler's Chairman

3139
04:33:46,390 --> 04:33:52,410
of Save to Dells, but because of the late hour she had to leave, and it's really a pleasure

3140
04:33:52,410 --> 04:33:53,050
to be here.

3141
04:33:53,190 --> 04:33:59,270
This is really the culmination of the last Joe said probably 30 years of efforts by many

3142
04:33:59,270 --> 04:34:05,430
people, including early on, Lisbeth Ruffner and the Open Space Alliance, and it is a story

3143
04:34:05,430 --> 04:34:11,070
of building of relationships, of negotiations, and of persistence on the part of many

3144
04:34:11,070 --> 04:34:17,370
people that make this happen. It also highlights the importance of glass-ford hill to the creation

3145
04:34:17,370 --> 04:34:22,630
of what we still will say as a grandadelle's regional park and preserve. And when savedadelle's

3146
04:34:22,630 --> 04:34:31,550
first started the two main goals of Save Badells was to preserve the area, the 500 acres

3147
04:34:31,550 --> 04:34:39,090
in the AEDD annexation in perpetuity as open space. And that was accomplished in the last couple

3148
04:34:39,090 --> 04:34:44,470
years. And the other goal was creation of the regional park and preserve. And so this is an amazing

3149
04:34:44,470 --> 04:34:47,190
steps towards that goal.

3150
04:34:48,030 --> 04:34:55,510
David Elz also one of our extended missions is to foster collaboration, and this is a great

3151
04:34:55,510 --> 04:35:02,630
example of collaboration between the elected leaders of the Prescott Prescott Valley

3152
04:35:02,630 --> 04:35:05,190
and the county, and we applaud that.

3153
04:35:06,770 --> 04:35:14,190
We also want to say that we appreciate Joe Baines' leadership in this project, not only

3154
04:35:14,190 --> 04:35:18,610
of Glassford Hill, but as was stated in the acquiring some of the other properties.

3155
04:35:19,310 --> 04:35:24,250
Well, the other thing we really appreciate is he and Chris Hoskins, the loss of if you

3156
04:35:24,250 --> 04:35:30,070
have a light touch on the land, and so we really hope that that is carried on as this regional

3157
04:35:30,070 --> 04:35:34,890
park is formed. And so

3158
04:35:37,290 --> 04:35:41,550
I guess that I'll close by just saying that this is another big step,

3159
04:35:41,730 --> 04:35:46,930
but we anxiously await the auction coming November 21st and hopefully we'll have a lot

3160
04:35:46,930 --> 04:35:50,230
to celebrate afterwards. Anyway, thank you all.

3161
04:35:52,980 --> 04:35:56,480
Thanks, everyone. I'll entertain a motion on this item.

3162
04:35:56,480 --> 04:35:57,980
there

3163
04:36:00,090 --> 04:36:06,530
I move to approve the purchase of glass for deal second motion is second

3164
04:36:06,530 --> 04:36:07,510
please vote

3165
04:36:14,490 --> 04:36:17,590
passes seven zero thank you

3166
04:36:22,770 --> 04:36:26,890
that concludes our meeting today where we

3167
04:36:26,890 --> 04:36:33,030
with the diamond back side think we're ahead four to two after the seven

3168
04:36:33,030 --> 04:36:33,370
anything.

3169
04:36:36,810 --> 04:36:45,230
Come on, positive, okay. I'm going to close this city council session with a quote from

3170
04:36:45,230 --> 04:36:51,130
our great President Ronald Reagan, live each day to the fullest, live each day within

3171
04:36:51,130 --> 04:36:58,670
enthusiasm, optimism, and hope. If you do, I'm convinced that your contribution to this

3172
04:36:58,670 --> 04:37:05,170
wonderful experiment we call America will be profound. This meeting is adjourned.