Save the Dells has been reviewing the Development Agreement (DA) on a rolling basis and will continue to publish additional commentary. Below are the primary concerns they have relating to the current DA:

CONCERN #1: PROCESS TIMELINE
The City of Prescott opened a two-week public comment period with the release of the DA on Tuesday, June 8th, 2021. This is NOT enough time for citizens to adequately review a 127-page document in order to make informed comments.

PROPOSED SOLUTION: Request that the City officially extend the public comment period. Mayor Greg Mengarelli and several councilmembers stated at the June 8th “roll-out” meeting that they are not opposed to a 30-day extension, however no changes have officially been made yet… the clock is ticking.

CONCERN #2: CONVEYANCE OF OPEN SPACE
Based on our interpretation, current DA language allows AED to back out of donating the 473.7 acres of Granite Dells public Natural Open Space (NOS) in the South Annexation after the annexation has been approved and entitlements have been granted to AED.
PROPOSED SOLUTION: Ask the City to make the annexation effective only upon successful transfer of all NOS and that delivery of water services by the City be contingent upon transfer of NOS as well.

CONCERN #3: PEAVINE TRAIL CROSSING
Current DA language allows construction of an at-grade crossing of the Peavine Trail to access Parcels K and L if the City cannot secure funding for a grade-separated crossing.
PROPOSED SOLUTION: Ask the City to confirm in writing that it will source appropriate funding for a grade-separated crossing and that NO at-grade crossing may be constructed. This is something the public has requested repeatedly and is imperative for the safety and experience of the over 100,000 trail users annually.

CONCERN #4:TRANSFER OF 375 ACRE-FEET SURFACE WATER RIGHTS
Current DA language allows AED’s Sever and Transfer obligation for the 375 acre-feet per year (afy) of Watson Lake surface rights to “time out” if City water service-related approvals are delayed. Additionally, it allows for the City to divert the 375 afy to additional development instead of remaining in the reservoir for recreation as promised.
PROPOSED SOLUTION: a) Request that AED lease exclusive rights for the 375 af to the City on an annual basis until the needed service approvals are granted and the Sever and Transfer can take place successfully, b) request that the City commit to retaining the water in the lakes and remove the possibility that it could be diverted for additional development, and c) ask the City Council to pass a resolution affirming that this water will only be used for recreation and aquifer recharge, and not for additional development.

CONCERN #5: VESTED DEVELOPER RIGHTS
Current DA language allows AED to retain all vested rights in the event that the agreement is terminated or challenged by a call for reconsideration or referendum.
PROPOSED SOLUTION: Request that the language be amended to affirm that AED will NOT retain any of the rights vested by the agreement should it be terminated. Additionally, request that the DA specify in plain English that AED’s rights are vested only after the passage of the referendum period.

CONCERN #6: ADDITIONAL PROPERTIES
Current DA language allows AED to extend rights and provisions of the agreement to future properties, absent disclosure of development plans or a public process.
PROPOSED SOLUTION: Request the language be amended to specify that AED may NOT increase the total number of residential units on additional properties without submission of a separate development plan. AED may only reallocate residential units from different approved areas upon review and approval by the City.

Comment to the City Planning and Zoning Commission HERE.

Contact the Mayor and Council, City of Prescott:
[email protected][email protected][email protected][email protected] , [email protected][email protected][email protected] 

At publication time, the most updated information on the June 15 Study Session can be found on the home page of dwpaaz.org. It includes the 6/15 Council Meeting Zoom Link and the City Council Speaker Request Form.

Read Tom Canton’s Talk of the Town in the DailyCourier – The Dells Agreement has problems (Sun. June 13, 2021) – heed the last paragraph:
“Prescott is blessed with many smart, skilled, concerned people.  A blessing for Prescott and sometimes a thorn in city government’s side. But their vast amounts of volunteer time only have effect if citizens who appreciate their work stand up and demand that things are done right.”