Today: Jul 14 , 2020

Live Update of the Prescott City Council: January 8, 2019

08 January 2019  

An Executive Session, a Study Session and a voting meeting. Whoa! 

Executive Session





A. LEGAL MATTERS   Discussion or consultation for legal advice with the city’s attorneys regarding pending or contemplated litigation, or settlement discussions conducted in order to avoid litigation (A.R.S. §38-431.03(A)(3)& (4)):  
1. Discussion whether to join in a lawsuit or lawsuits against pharmaceutical companies for damages suffered by the City due to the opioid abuse epidemic


Study Session

 Agenda   Agenda Packet 




A. Update on the Hilton Garden Inn Project.

 Restoration Church has offered their enthusiastic support.

The feeding of the homeless will continue, and an alternate site has been selected.

Hotel Height: 55 feet or lower

Public notice has been given 5 times, and other than the Shumways nobody has offered any interest in the property whatsoever.

Land value was given by an internal assessment - and further assessment supports the internal numbers.

Several partners are involved in this project, including APS and Prescott College. Also the Prescott Farmer's Market will have a permanent home with this project, utilized within a community space.

The height will be lower than the National Bank building across the corner.

Other financial contributions are also being made to the city besides the lease pricing.

Watch the presentation live here: 

A row of apartments will be left for affordable housing.

Councilwoman Orr asks for information on building in a floodway. The foundation will be much more expensive than it would otherwise. The engineering has worked out the issues, but at considerable cost.

"We want to be here, we love being here," the Shumways said.

"This is a great example of a Public Private Partnership," Joe Baynes, Park & Rec Director explained.

There will also be a tie-in to the Greenways trail system.

Phil Goode asks about the splash pad and the water use. They are recirculated systems and have low water use.

Councilwoman Orr appreciates the family-friendliness of the park area.

The funding source will come primarily from impact fees.

Councilman Lamerson notes that this is very consistent with the General Plan.

John Flicker is in full favor of this project.

Prescott College is selling the Sam Hill  Building to the Hotel, and will acquire the APS property in its place. The APS property offers 3 buildings that can be used immediately.

An underpass will be built to connect the walkway under Miller Valley Road for the pedestrian traffic.

They are accepting public comments this meeting.

David Parker: Owner of Goliath Broker and pricing. He is discussing the valuation of the property. He thinks that the pricing the City is offering is too low. The price of the land being offered is one-fifth of the price of the value.

Daniel Mattson suggests that the monument be shown in the renderings as well as the creek. He is asking about the timing of the project, when will the park be available for use. He hopes for additional transparency. "I think it is going to be a good thing if the implementation is as promised."

 Kathleen Yetman: Executive Director of the Prescott Farmer's Market - "We're really excited at this possibility... I think it's going to be a great partnership... Thank you for considering families."

Connie Contalme: "This is good news... I'm here today to voice my support for the Hilton Garden Inn project... This Hotel represents a vote of confidence... We are now on the map... This is a new day for Prescott, this is a step in the right direction... That area is in dire need of gentrification."

"I thank you again for your vision," Connie concluded.

Cecelia Jernegan: "I think it's wonderful that we're all talking about the future."

"We can't sit back, we have to go forward. We have to look to the future," Jernegan said. "By what these folks are doing, it is giving us a gift... Please take it."

Howard Mechanic: This is a great project, no question about it. "There's one thing in the way, and that's the Arizona Constitution... This is a gift to WSH Corporation." He claims that it was a sham bidding process. "You need to get the best return for this property."

He discusses more than one "gift" the City is giving the developers.

Leslie Hoy: I am concerned about the water use. Concerned about page 34 of the development agreement, and says that there is no further review of the project for water.

Christie Everson: Absolutely in support of this. Chair of the Granite Creek Corridor committee. "I'm very positive that this is going to be fabulous for the community."

Helen Montgomery: Asking about what is happening to the Tom Petty Park. She will discuss it with Joe after the meeting.

Ralph Hess: Concerned about the lack of transparency. Recognizes the benefit of the improvement of the Park, and he believes that this will contribute to it. He seems to think that public money should pay for park improvements. "Public land should stay public," Hess says. "We could keep the public land."

Grant Quesada: We're in full support. I grew up here. Any time I've had a question, I've found that you have all gone out of your way to answer or facilitate the answer. At the end of the day, you can lead a horse to water but you can't make it drink. Really at the end of the day, you need private corporations... That have the vision... In order to develop the area." At the end of the day, it comes down to a lot hard work and vision.

 Council Memo Printout

a. Recorded Development and Disposition Agreement No. 2019-088

b. Copy of Notice of Intent to Lease, August 2018

c.  Original Affidavit of Publication of Notice of Intent to Lease with Ad Copy

d. City of Prescott Development and Disposition Agreement - First Amendment - V2 - Redline

e. Exhibit A to Development Agreement - Legal Description of Property - Updated October 22, 2018

f. Exhibit B to Development Agreement - Revised Site Plan - December 20, 2018

B. Update of the Water and Wastewater Rate Study. 

 Council Memo Printout

This item has been pulled for this meeting.

C. Presentation by Public Works of the City's 2018 WaterSmart: Drop by Drop Public Education Program Effectiveness, and Calendar Year 2019 Program.

 Council Memo Printout

An average attendance at monthly library meetings on Wednesday at noon ran about 35. 

This year's schedule:




Watch today's meeting live:



Agenda Packet 




Pastor Jesse Burke of Sanctuary Covenant Church


Councilman Sischka


A. Roll Call


Presentation of a $1,000 Award Check to Vision of Vets, and a $1,000 Award Check to Honor Flight Arizona from Tom Sheets with the Southwest Veterans Foundation & Chamber of Commerce. 

"It's become very fashionable to thank a veteran. Sometimes veterans need more than thanks!"

They presented checks for $1000 to each organization. 



A. Approval of draft minutes for the December 11, 2018 Special Meeting/Executive Session, December 11, 2018 Study Session, December 11, 2018 Voting Meeting, December 18, 2018 Special Meeting/Executive Session, December 18, 2018 Study Session and the December 18, 2018 Voting Meeting.

Council Memo Printout

a. December 11, 2018 Study Session

b. December 11, 2018 Voting Meeting

c. December 11, 2018 Special Meeting/Executive Session

d. December 18, 2018 Voting Meeting

e. December 18, 2018 Study Session

f. December 18, 2018 Special Meeting/Executive Session

B. Approval of the Memorandum of Understanding with the Yavapai-Prescott Indian Tribe for the pass-through of funding to various community non-profits and other entities. (City Contract No. 2018-134A1).

 Council Memo Printout

a. Yavapai-Prescott Indian Tribe Memorandum of Understanding

C. Approval of City Contract No. 2019-163 with JE Fuller Hydrology and Geomorphology, Inc., for engineering services, in the amount of $39,630.00.

Council Memo Printout

a. JE Fuller/Hydrology & Geomorphology, Inc., Scope of Work

Consent Agenda passes unanimously. 


A. Adoption of Ordinance No. 2018-1639 amending the Prescott City Code Chapter 4-7-3 Special Event Liquor Licenses.

Council Memo Printout

a. Ordinance No. 2019-1639

B. Adoption of Ordinance No. 2019-1645 for Property Lease and Sale Agreement with 3rd Gen Enterprises, LLC.

Council Memo Printout

a. Ordinance No. 2019-1645

b. Development Agreement with 3rd Gen Enterprises, LLC (City Contract No. 2019-155)

C. Adoption of City Ordinance No. 2019-1640 accepting a public drainage easement from Miller Valley, LLC, for the Sundog Trunk Main Phase C1 project.

Council Memo Printout

a. Ordinance No. 2019-1640

b. Vicinity Map

c. Miller Corner, LLC Public Drainage Easement Agreement

D. Adoption of City Ordinance No. 2019-1641 accepting a public drainage easement from Hepburn Enterprises, LLC and a public sidewalk easement from Unity Church of Prescott, Inc., for the South Washington Street reconstruction project.

Council Memo Printout

a. Ordinance No. 2019-1641

b. Vicinity Map

c. Hepburn Enterprises LLC - Public Drainage Easement Agreement

d. Unity Church of Prescott Inc - Public Sidewalk Easement Agreement

Consent Ordinance items pass unanimously. 




1. Public Hearing and consideration for a new Series 12 Restaurant liquor license from Douglas Edwin Libby, applicant, for Touchmark at the Ranch; Location: 3180 Touchmark Boulevard.

Council Memo Printout


b. R19-1-702

The two restaurants (The Finn and the Touchmark at the Ranch) are in separate buildings, which is why they need separate licenses. 

Passes unanimously. 


A. Appointments of Sierra Christensen, Tessa Dunn, Lucas Forray, Jennifer Knight, Sheridan Mengarelli, Ridley Mortensen and Nicklaus Romero to The Youth Advisory Board.

Council Memo Printout

According to Mayor Pro Tem Billie Orr, their applications were excellent. All but Sierra Christensen are sworn in. Sierra was absent and will be sworn in at a later time. 

Motion passes unanimously.

B. Award of City Contract No. 2019-164 to Earth Resources Corporation in an amount not to exceed $233,520.00 for the Crushing of Concrete-Inert Waste Mix and Asphalt Millings. Funding is available from the Solid Waste and Streets Funds.

Council Memo Printout

a. Bid Tabulation-Crushing of Concrete Asphalt

This is a stock pile from several years. They will only pay what they process. 

Motion passes unanimously. 

C. Award of City Contract No. 2019-158 with 3rd Gen Enterprises, LLC, in an amount not to exceed $3,183,861.20 for Sewer Improvement Construction Cost Reimbursement in accordance with the Development Agreement previously approved by City Contract No. 2019-155; and Award of City Contract No. 2019-159 to Lyon Engineering in an amount not to exceed $166,510.00 for Post Design Services for the Airport Trunk Main 2A sewer improvements. Funding is available in the Wastewater Fund.

Council Memo Printout

a. Location Map

b. Airport Trunk Main Phase 2A Post Design Scope and Fee - Lyon Engineering

c. 3rd Gen Development Agreement

Passes unanimously. 

D. Approval of City Contract No. 2019-162 with Entellus, Inc., in the amount of $122,914.00, for design and other engineering services for the Loma Rica and Skyline Lift Stations Abandonment Project. Funding is available in the Wastewater Fund.

Council Memo Printout

a. Loma Rima Skyline Lift Station Abandonments Scope of Work 12/19/18

A feasibility study will be done first.

Councilman Goode asks if there are concerns that gravity will work in this location. 

Passes unanimously. 

E. Adoption of Resolution No. 2019-1670, for the Storm Land Co., LLC, amended and restated Development Agreement, City Contract No. 2019-165.

Council Memo Printout

a. Amended and Restated Development Agreement, City Contract No. 2019-165

b. Resolution No. 2019-1670

c. Storm Ranch Exhibits A through E

There will actually be 80 acre feet of potable water allocated. 

The project received its final approval last year. It won't be a "water smart" designation, it will meet all city standards. 

Goode thinks that too much water is being allocated. 

The city will be able to know to the drop how much water is being used due to new technology. 

Steve Huddleston: They have some concerns - didn't know about it much in advance. 

Charlie Arnold: He is answering the questions to access for properties. 

Mr. Huddleston's concerns really have no bearing on this agreement or the issues being discussed here. 

Motion passes unanimously. 

F. Approval of three items relating to the Runway 3R/21L Rehabilitation and Hot Spot #2 Mitigation Project:

(1) A change order request in an amount not to exceed $420,460.00 (under FAA Grant 3-04-0030-038-2018) to be submitted to the Federal Aviation Administration;

(2) Approve Amendment A1, (City Contract No. 2018-242) increasing the amount paid to Fann Contracting, Inc., not to exceed an additional $183,744.00; and

(3) Acceptance of Arizona Department of Transportation Grant No. E9M1A 01C in the amount not to exceed $152,500.00.

Council Memo Printout 

Dr. Sobota said that there were 10,111 enplanements in 2018! 

The job was completed before schedule, and that saved money! 

Last year, the air service only cancelled two flights, and that was on December 31, due to the weather. Great reliability!!!

All motions pass unanimously. 

"Civility and collaboration will carry us forward." Governor Doug Ducey.




Lynne LaMaster

Lynne LaMaster is the Founder of the eNewsAZ Network of websites. She will be leaving for new adventures on May 15, 2020.