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MINUTES
WICKENBURG COMMON COUNCIL
REGULAR MEETING
Monday, April 7, 2025 - 5:30 P.M.
155 N. TEGNER - COUNCIL CHAMBERS
WICKENBURG, ARIZONA 85390
A. CALL TO ORDER – Mayor Bratcher called the meeting to order at 5:31 PM
B. PLEDGE OF ALLEGIANCE - Led by Public Works Director Herschel Workman
C. INVOCATION - Led by Wickenburg Christian Academy Student Micah Gallagher
D. ROLL CALL
Present:
Mayor BG Bratcher
Vice Mayor Brian Jones
Councilmember Kristy Bedoian
Councilmember Shawn Clark
Councilmember Margaret Nyberg
Councilmember Rebecca Rovey
Councilmember Art Rubash
Staff Present:
Troy Smith, Interim Town Manager
Trish Stuhan, Town Attorney
Tim Suan, Deputy Town Manager/Economic Development
Steve Boyle, Community Development Director
Amy Brown, Town Clerk
Les Brown, Police Chief
Robert Martinez, Finance Director
Tarah Mayerhofer, Human Resources Director
Ed Temerowski, Fire Chief
Herschel Workman, Public Works Director
E. MAYOR & COUNCILMEMBERS REPORT ON CURRENT EVENTS
• Vice Mayor Brian Jones thanked the town for dump days.
• Councilmember Art Rubash reported on a successful opening to Little League
baseball.
• Councilmember Shawn Clark stated that Pastor Paul Jones from the Yarnell
Presbyterian church was killed in a car accident along with others in another
vehicle.
• Councilmember Margaret Nyberg reported on a successful starting weekend for
Cowgirl Up at the museum and for West Fest.
Town Council Minutes of April 7, 2025
Page 2 of 11
• Councilmember Rebecca Rovey wanted to wish a safe and enjoyable ride to all
the DC Riders who left town today.
• Councilmember Shawn Clark read the Proclamation for National Public Safety
Telecommunicators Week - April 13 -19, 2025
• Vice Mayor Brian Jones read the Proclamation for Arbor Day April 25, 2025
• Mayor BG Bratcher read the summary for the Proclamation for Court Appointed
Special Advocate (CASA) Volunteer Week - April 5-11, 2025
F. TOWN MANAGER'S REPORT
• Fire Chief Ed Temerowski reported that Josh Johnson was recognized at the
Knights of Columbus First Responder’s Appreciation dinner for the west valley
agencies for a lifesaving event.
• Police Chief Les Brown reported that Zach LaJeunesse received recognition at
the same dinner for a lifesaving event for the police department.
• Interim Town Manager Troy Smith reported that the zoning code has been
reviewed with edits sent back. The plan is to have the public process for the
equestrian aspects held in the fall when more people are in town.
• Interim Town Manager Troy Smith reported that the new documents have been
received for Lewis Addition Roads, with staff about halfway through the process
of collecting signatures.
• Interim Town Manager Troy Smith reported the following updates: Town Hall
restrooms are remodeled and open seven days per week from 6:00 am until 8:00
pm. There will be roadwork on several roads with information on the town
website and social media. There will be a downtown meeting regarding the
closing of Tegner Street. Arizona Public Service will be cleaning around the poles
in town to reduce fire danger. Make a difference day is April 12, Moonshot Rural
Pitch is April 17, information meeting regarding reducing wildfire risk will be on
April 16, Arbor Day work at Coffinger Park will be on April 22 and there will be
two classes starting in June through the workforce development at the library.
G. FINAL CALL for Request to Speak Cards to be turned into the Town Clerk.
H. CALL TO THE PUBLIC
• JoAnn Zimpher, In-Town Resident, wanted to honor Everett Sickles as his
memorial service will be on April 18th at 4:00 pm at Mt. Hope Assembly of God
Church.
• Karen Johnson, In-Town Resident, stated that she is representing the
Wickenburg Community Services Corporation where they serve the underserved
residents of Wickenburg at the Wellik Senior Center and thanked the Wellik
Foundation for their help in funding many of the projects for seniors, students and
low-income residents.
I. NEW BUSINESS
1. Action on the Consent Agenda -
Town Council Minutes of April 7, 2025
Page 3 of 11
MOVED BY Vice Mayor Brian Jones to approve items a and b of the consent
agenda
SECONDED BY Councilmember Kristy Bedoian
VOTE: 7 – 0 (Yes – Mayor Bratcher, Vice Mayor Jones, Councilmembers
Bedoian, Clark, Nyberg, Rovey, and Rubash)
a. Consideration and Action to Approve the Minutes of the Regular Meeting of
March 17, 2025
By a 7-0 vote under the Consent Agenda, Council moved to approve the
minutes of March 17, 2025.
b. Consideration and Action Approving the Renewal of a Land/Facility Use
Agreement with the Arizona Department of Forestry and Fire Management
Hershel Workman, Public Works Director, reported in his Council routing form
that The Town of Wickenburg currently has an agreement with the Arizona
Department of Forestry and Fire Management (AZ DFFM) for the use of a
designated portion of the Wickenburg Municipal Airport as a Single Engine Air
Tanker (SEAT) base for aerial firefighting operations. This agreement is set to
expire, and AZ DFFM seeks to renew it for an additional three-year term from
April 7, 2025 to April 7, 2028.
Under the renewed agreement, AZ DFFM will continue to:
•
Use the designated airport property for aircraft parking, office space
placement, and fire suppression operations.
•
Pay a monthly use fee of $500 and applicable fuel flowage fees.
•
Be responsible for utilities and restoring the property to pre-use conditions
at the end of each fire season.
•
Comply with environmental regulations, including cleanup of fire
retardants or fuel spills.
By a 7-0 vote under the Consent Agenda, Council moved to approve the
renewal of the Land Use Agreement between the Town of Wickenburg and
the Arizona Department of Forestry and Fire Management for the continued
use of a designated portion of the Wickenburg Municipal Airport as a Single
Engine Air Tanker base.
2. Consideration and Action on the Sale of Real Property Consisting of Parcel #
505-50-141 Located at 74 W Wickenburg Way to the Humane Society through
Bid 25-02
Tim Suan, Deputy Town Manager, at the January 21, 2024 council meeting, the
Town Council directed staff to solicit bids for town-owned property located at 74
W Wickenburg Way in response to a letter of intent from the local Humane
Society. The organization sought to purchase the property to expand its thrift
Town Council Minutes of April 7, 2025
Page 4 of 11
shop operations and establish a space for vaccination and microchipping clinics.
The town issued Bid 25-02, soliciting sealed bids for the property. Only one bid
was received, submitted by the Wickenburg Humane Society for $500,000.
The subject property consists of 0.37 acres at 74 W Wickenburg Way and is
zoned C-2 (General Commercial). The site is currently vacant but was previously
used by the local Soroptimist International chapter. The appraisal for the property
was $730,000.
MOVED BY Councilmember Margaret Nyberg to adjourn into executive session
under J1 at 5:56 PM
SECONDED BY Councilmember Rebecca Rovey
VOTE: 6 – 1 (Yes – Mayor Bratcher, Vice Mayor Jones, Councilmembers Clark,
Nyberg, Rovey, and Rubash) (No – Councilmember Bedoian)
The meeting was reconvened at 6:16 PM. Mayor Bratcher announced that the
Town Manager will be reaching out to the Humane Society.
MOVED BY Councilmember Rebecca Rovey to table this item
SECONDED BY Vice Mayor Brian Jones
VOTE: 7 – 0 (Yes – Mayor Bratcher, Vice Mayor Jones, Councilmembers
Bedoian, Clark, Nyberg, Rovey, and Rubash)
3. Public Hearing, Discussion, and Action pursuant to A.R.S. Section 9-462.01(E)
regarding property located near Wickenburg Way and Saguaro Street, zoned
multi-family residential (RM-1) with a planned area development, approved by
Ordinance No. 785 on January 16, 1995, to consider whether to take
administrative action to extend, remove, or determine compliance with the
schedule of development for the property, or take legislative action to cause the
property to revert to its former zoning classification
Councilmember Rebecca Rovey declared a remote conflict of interest and left the
room.
Trish Stuhan, Town Attorney, over the last year, the town has held several
meetings regarding the property for discussion tonight that is currently zoned
multi-family. The Council decided not to enter into a development agreement with
Gorman, which also rejected the additional funding for the project. The Wellik
Foundation is still planning on selling the property to Gorman. Gorman is still
planning on building apartments according to building codes. There are only
certain things that the town can regulate, which includes zoning, but proposition
207 did change the rules to not allow diminution of value. The schedule of
development was set in 1995 and never dealt with, so now this Council must
make a decision that is not the fault of this Council. The town will have a public
hearing to discuss the schedule of development for the property. Afterwards, the
Council may take administrative action to extend, remove, or determine
Town Council Minutes of April 7, 2025
Page 5 of 11
compliance with the schedule of development for the property, or start the
process to revert the zoning of the property. This will be an administrative act, so
there is no right to a referendum.
Zoning is generally the regulation of the use of buildings/land for different
classifications of property through the creation of different zoning districts with
different regulations. Zoning will regulate height, setbacks, lots size, coverage,
signs, and parking, etc. The goal is to promote compatibility of adjacent uses.
There is no right to have the zoning classification on property changed. Usually,
the property owner is the one who requests a zone change on their property and
they must sign a prop. 207 waiver before the town will agree to bring forward any
zone change. A zone change is heard by the Planning and Zoning Commission
and Council. This is an exercise of legislative powers.
In January 1995, the Wickenburg Town Council adopted Ordinance 785, which
rezoned several properties along West Wickenburg Way and Saguaro Drive.
Maricopa County parcel 505-38-005 was rezoned from C-3 (Major Street
Commercial) to RM-1 PAD (Multi-Family Residential Planned Area
Development), and parcel 505-38-026 was changed from R1-35 (Single-Family
Residential) to RM-1 PAD. There was no action taken after 1995 to change the
zoning of the property, and the Wellik Foundation is not requesting a rezoning so
there is no waiver of prop. 207 rights. As of today, the property would allow for
construction of multi-family housing. The development review and traffic will be
done at a later time.
Regarding the schedule of development, despite the multi-family zoning
classification, there have been questions about a reversionary clause in the
ordinance that approved the zoning for the property (Ordinance No. 785).
Residents have claimed that the property should have reverted to its former
zoning classification based on conditions of development in Section 2 of
Ordinance No. 785. Section 2 of Ordinance No. 785 states: “This Zoning
Ordinance amendment shall terminate and the zoning classification of the
affected property shall revert to its prior district classification at the end of three
years following the effective date of this Ordinance if the final development or
Site Plan or phase one thereof has not then been submitted to the Planning and
Zoning Advisory Commission and Council for approval. When the submittal is
phased, each subsequent phase shall be submitted within three years of
approval of the previous phase. The Council may grant one extension of time not
exceeding two years for any phase of the development. The Planning and Zoning
Advisory Commission and the Council shall hold a public hearing prior to any
such reversion.”
State law does not, however, allow for automatic reversions of zoning, requiring
instead a public hearing and legislative action by the Council. A.R.S. § 9-
462.01(E) states that the town “shall schedule a public hearing to take
administrative action to extend, remove or determine compliance with the
Town Council Minutes of April 7, 2025
Page 6 of 11
schedule of development or take legislative action to cause the property to revert
to its former zoning classification.”
Last year, the Town held a public hearing to consider the schedule of
development for the property in light of the questions about reversion of the
zoning. The Council chose to take no action after the public hearing, leaving the
zoning in place. Litigation was then filed seeking to revert the zoning. The
Plaintiffs argued that Ordinance No. 785 required automatic reversion. The Court
disagreed, noting: “The Court is not persuaded that it may simply order the Town
of Wickenburg to take the requested action in the face of the clear language of
both Ordinance 785 and A.R.S. § 9-462.01(E).”
The Court found that the Town Council cannot continue to take no action,
however, and that it must hold a new public hearing to make a final decision
regarding the schedule for development. The order provides that within 120 days
of its issuance (by May 9, 2025) the Council must conduct a public hearing and
decide whether to take administrative action to extend, remove, or determine
compliance with the schedule for development or take legal action to cause the
property to revert to its former zoning classification.
The zoning is in place for multi-family housing, but no schedule of development
has been submitted. The Town Council will hold a public hearing to discuss the
schedule of development as the prior timelines for phased development were not
met.
The Town Council should consider whether a schedule of development is
necessary. Currently, there is a proposal for multi-family development which
must meet all Town Code requirements for approval of permits. The
owners/developers are required by the Town Code to submit plans for
development and will be required to follow all Town Codes, including the Zoning
Code regulating multi-family development and the Building Codes, which protect
public health and safety.
Staff recommends that the Town Council administratively remove the schedule
for development in Section I(3) of Ordinance No. 785. This action would maintain
the RM-1 zoning with a Planned Area Development (PAD) designation. No
schedule of development is necessary. Neighbor concerns will be addressed
during the development stage of the project.
The recommendation to not revert the zoning is based on concerns that
reversion could result in significant liability to the Town. The current zoning was
established in 1995 and the Town Council never acted to revert the zoning, and
now, decades later—after Phase I was completed—any attempt to do so
presents significant legal risks, including claims under Proposition 207, with
limited to no insurance coverage for any damages awarded or attorney costs.
Town Council Minutes of April 7, 2025
Page 7 of 11
Councilmember Jones asked about extending the time for development. Town
Attorney Stuhan stated that Phase 1, known as Pueblo Cassandra, has been
completed. The town can put a new schedule of development because we know
the original schedule of development was not followed. The site plan process will
be followed for any development.
Councilmember Nyberg asked if the neighbors could sue. Town Attorney Stuhan
stated that anyone can sue. The neighbors could sue Gorman for claims of a
nuisance or poor management.
Town Attorney Stuhan stated that the main concern with reversion of the property
is prop 207. The only exception to prop. 207 is for public health and safety. If this
was reverted prior to the passing of prop. 207, there would not have been the
private property right protections that we established in that proposition. Any
reversion now would be after the passage of prop. 207 with those protections.
Mayor Bratcher stated that per A.R.S. § 9-462.01(E) the town will hold a public
hearing regarding this property. The rules for Council meetings are to maintain
order and decorum. Once the public hearing is closed, there will be no further
public comments or disruptions to the meeting. All comments should be
addressed to the Council with a three-minute time limit as the maximum. She
suggested that speakers not repeat what others have said.
Public Hearing opened at 6:49 PM by Mayor Bratcher.
Barbara Remondini, In-Town Resident and Wickenburg School District
Superintendent, stated that the Wellik Foundation has provided a lot of benefits
to the community. Wickenburg is better off because of funding different projects
by the Wellik Foundation.
Jackie Lundblud, CEO of the Wickenburg Community Hospital, stated that they
are in support of the Wellik Foundation since they support a high quality of life in
Wickenburg. They have helped to promote the health and wellness of the
community by helping with the facility expansion to add a surgery center as well
as renovation of the emergency room. The Wellik Foundation has provided
funding in order to purchase new equipment that you can only find in larger
communities and hospitals.
Sharon Pollei, In-Town Resident, stated that mistakes were made with Ordinance
785. The town knew about Ordinance 785 sixteen months ago and nothing was
done in 2023. The original ordinance was approved in 1995. The town is now
required to make a decision due to the judge’s ruling.
Casey Hanna, In-Town Resident, requested that his letter that he sent to the
Council be entered into the record. The PAD has stipulations regarding the
density which are the same as the site plan. There were special conditions set in
the ordinance, and he would prefer the town revert the zoning.
Town Council Minutes of April 7, 2025
Page 8 of 11
Laura Nasser, In-Town Resident, stated that she has lived in town for over 70
years. This will impact the neighborhood that she lives in, so you can call it
NIMBY (Not in my backyard). 200 units with 300 cars will have a large impact on
that neighborhood. The town doesn’t know if Gorman will sue. The Wellik
Foundation might sue. She knew Vi Wellik and this is not the project that she
would have wanted there.
Gogi Gay, In-Town Resident, stated that she and her husband bought their
property in 1991. It was then annexed, and the road was paved. In 1995,
Ordinance 785 passed at the request of Vi Wellik. Phase 2 should be compatible
with Pueblo Cassandra. The town might be being threatened with being sued by
Gorman and Wellik, but the Council is chosen by the voters in town.
Eddie Nasser, In-Town Resident, stated that the Council is supposed to
represent the people. There were promises made during the campaign. The
Town attorney is not representing the town residents as the taxpayers pay her
salary.
Benjamin Tate, Attorney for the Wellik Foundation, asked the Council to keep the
zoning in place that has been there for almost 30 years. He doesn’t want to see a
scenario where resources are taken away from the Town of Wickenburg and the
Wellik Foundation. If the town chooses reversion of the zoning, the Wellik
Foundation must protect the value of their assets. The property is the most
valuable as it is currently zoned. This is not a choice between Wellik and the
residents. This is a vote for private property rights. During the development
review is when there can be changes to meet all aspects of the town code. There
will be resources diverted from the town and Wellik if there is a lawsuit.
Bill Green, In-Town Resident and Vice Chair of the Wellik Foundation Board,
stated that they have believed that the property has been zoned RM-1 and they
desire to keep it at that zoning. He would not like to see funds diverted from
Wickenburg due to a lawsuit.
Public Hearing Closed at 7:12 PM
Councilmember Nyberg stated that Wellik is selling the property, but Gorman is
out for themselves. Are that many apartments really needed? The town has a lot
of projects that need funding, and she doesn't want to give any money to
lawyers.
Councilmember Clark stated that it is beautiful land, and he has done a lot of
research on this subject. Ordinance 785 requirements weren’t followed but prop.
207 causes an issue with the town most likely getting sued and losing. He
doesn’t want to put the town in a position to lose millions of dollars. Wickenburg
does need affordable housing. Since the Wellik Foundation doesn’t want to
change the zoning and prop. 207 applies, there is a danger to the town fiscally.
Town Council Minutes of April 7, 2025
Page 9 of 11
Councilmember Rubash stated that he agrees with the residents that the town
must do what is right and revert the zoning. This is not the old Wellik board.
Vice Mayor Jones stated that this is a tough decision, and he feels for the
residents in the area, but this is a property rights issue. The Council must
represent the entire town, including being fiscally responsible with the budget and
decisions that could affect the future of the town. The apartments will be dealt
with at the Planning and Zoning Commission for their development review.
Councilmember Bedoian stated that she agrees with Vice Mayor Jones. Not
approving the development agreement didn’t stop anything except for there being
a no vote on the grant funding and took out local control. She has been getting
lots of emails and the town will learn from this and not do this in the future. She is
a big believer in property rights. She must represent the town for the future.
Mayor Bratcher stated that she has done a lot of research on this issue also. This
is a prop. 207 issue so the Council has no choice. This is also about private
property rights, and she is accountable to the people to make the best decision
for all the town.
MOVED BY Vice Mayor Brian Jones to remove the schedule of development in
Ordinance No. 785 for real property located near Wickenburg Way and Saguaro
Street, zoned multi-family residential (RM-1) with a planned area development
SECONDED BY Councilmember Kristy Bedoian
VOTE: 5 – 1 (Yes – Mayor Bratcher, Vice Mayor Jones, Councilmembers
Bedoian, Clark, and Nyberg) (No – Councilmember Rubash) (Conflict of Interest
– Councilmember Rovey)
4. Consideration and Action to Approve Resolution 2371 Repealing and Replacing
Personnel Rules and Regulations Policies related to Pay Practice Changes for
Employee Benefits and Compensation
Tarah Mayerhofer, HR Director, asked the Council due to the late hour if they
would prefer a shortened presentation as all the information was in the Council
packet, which Council agreed to a shortened presentation. She reminded Council
of their total rewards philosophy to attract, retain and reward employees by being
competitive. She is proposing a few changes to the personnel rules and
regulations.
The first change is to the probationary policy to clarify the duration, extensions
and promotional eligibility. This change will clarify the probation periods for new
employees and define extensions and eligibility for promotions. In addition, it will
ensure consistency across departments.
The next change will expand the eligibility and standardize the duration of
bereavement leave. This will now include domestic partners, great-grandparents,
Town Council Minutes of April 7, 2025
Page 10 of 11
and extended relatives. The change will make the leave duration standard for
consistency and fairness across the organization, so it will not depend on
whether the death is in state or out-of-state.
There is a recommendation to add specialty pay for Field Training Officers (FTO)
and Bilingual. The FTO training will only be for police officers who take on
additional responsibilities when training a new officer. The recommended
increase is 5% during the training period only with an estimated annual cost
around $3,500 based on the average number of new hires per year. The bilingual
pay will be compensation for employees who pass a competency test in Spanish
and based on the needs of the department and town. The increase will be $0.75
per hour for non-exempt employees and $80 per pay period for exempt
employees. The estimated cost will be about $14,560 annually.
The last change is for stand-by and call-back compensation to provide clear pay
structures for employees required to be on-call and fair compensation for those
responding to calls outside their regular hours. This will have a minimal fiscal
impact that can be absorbed into existing budgets. This is primarily in police, fire
and public works departments.
Councilmember Bedoian asked when it will start. HR Director Mayerhofer stated
that it is being proposed by Resolution so it will usually be effective 30 days after
being approved, unless the Council wants to make a different effective date such
as July 1. She thought the impact to this year’s budget will be minimal and can
be absorbed into the current budget. This will help to plan for the next fiscal
year’s budget.
Councilmember Bedoian asked what is considered a domestic partner. HR
Director Mayerhofer stated that all bereavement leaves must be approved by the
HR Director, and she asks them to identify who has passed. The town’s
insurance policy currently allows domestic partners to be covered but requires
proof that they live in the same household and share finances, so usually it would
be someone who is already on the insurance, or a similar proof would be
requested.
MOVED BY Councilmember Rebecca Rovey to approve Resolution 2371
repealing and replacing the personnel rules and regulations policy and pay
practice changes as presented, which include updates to Probationary Period,
Bereavement Leave, Specialty Pay, and Stand-By and Call-Back Compensation
policies
SECONDED BY Councilmember Margaret Nyberg
VOTE: 7 – 0 (Yes – Mayor Bratcher, Vice Mayor Jones, Councilmembers
Bedoian, Clark, Nyberg, Rovey, and Rubash)
Town Council Minutes of April 7, 2025
Page 11 of 11
J. EXECUTIVE SESSION - (Council May Vote to Go Into Executive Session Pursuant
to A.R.S §38-431.03(A)(3) to Receive Legal Advice from the Town Attorney on Any
of the Above Agenda Items.)
1. An executive session pursuant to (1) A.R.S. § 38-431.03(A)(3) for discussion or
consultation for legal advice with the Town Attorney; (2) A.R.S. § 38-431.03(A)(4)
for discussion or consultation with the Town Attorney regarding the Town’s
position and to instruct the Town Attorney regarding a contract that is the subject
of negotiations; and (3) A.R.S. § 38-431.03 (A)(7) for discussions or
consultations with designated representatives of the Town in order to consider
the Town’s position and instruct its representatives regarding negotiations for the
purchase, sale, or lease of real property; all related to real property consisting of
approximately 0.37 acres of real property and 5,018 square foot building located
at 74 W Wickenburg Way.
K. SCHEDULING OF FUTURE COUNCIL AGENDA ITEMS - none
L. ADJOURNMENT
MOVED BY Councilmember Rebecca Rovey to adjourn at approximately 7:41 PM
SECONDED BY Councilmember Kristy Bedoian
VOTE: 7 – 0 (Yes – Mayor Bratcher, Vice Mayor Jones, Councilmembers Bedoian,
Clark, Nyberg, Rovey, and Rubash)
BG Bratcher, Mayor
ATTEST:
Amy Brown, Town Clerk
CERTIFICATION
I, Amy Brown, the duly appointed and qualified Town Clerk of the Town of Wickenburg,
do hereby certify that the foregoing minutes are a true and correct copy of the minutes
of the regular meeting of the Town Council of Wickenburg, Arizona held on April 7,
2025. I further certify the meeting was duly called and held and that a quorum was
present.
Amy Brown, MMC
Town Clerk