Today: Jul 14 , 2020

Live Update of the Prescott City Council, February 25, 2020

25 February 2020  

Take Two: A fresh approach to the 2nd Amendment issue.

Study Session



 Agenda Packet 



 Roll Call



A. Report on FY2020 City Budget for Activity through December 31, 2019.


Council Memo Printout

Revenues are coming in well at this point, for this year. 

Fines and Forfeitures are down, but that was expected.

Looking ahead: 

  • Funding for Airport Capital Projects
  • Continue funding PSPRS annual required contribution from operating funds
  • Funding employee market compensation plan
  • Funding options for unsewered areas
  • Legislative attacks on cities ability to continue taxing certain transactions
  • Addressing City service areas improvements, using outcome based budgeting
  • Property Tax levy 

Always planning for potential recessions.  

Blair wants to put a "placeholder" for 

  • Employee market compensation plan and 
  • Funding options for unsewered areas

Mark recommends that WIFA funding be considered for unsewered areas.

Councilwoman Billie Orr recommends not raising property taxes. 

Councilman Goode agrees - wil not support increasing  property taxes. 

Sischka asks if there is an impending need for the extra amount that would be brought in by the increased property tax. Answer: No.

Mayor Mengarelli notes that Council does not seem to be interested in raising property taxes. 

Howard Mechanic thinks that if the city sells water outside of City Limits, the extra income could be used for unsewered areas.

B. Review of Proposed Water Service Outside of City Limit

 CWAG suggestions have been incorporated into this plan. 

Citizens have asked to engage in regional cooperation and reduce water usage and septic services. 

  1. Reduce overdraft in AMA
  2. Improve water quality
  3. Increase recharge
  4. Decrease lost water

Current Status:

City does not provide "new" water

Connections outside of City limits

3000 app. customers are not on sewer  

We can make an immediate impact by moving exempt wells on to the City of Prescott system, which will help the AMA.

Water Service Outside of City Limits Requirements

  • Sewer Tie-In
  • Infrastructure Availability or Expansion
  • City Codes and Policy Compliant
  • Abandonment of wells and septic tanks
  • Outside City Water Rates Apply + Cost of water
  • All Prop 400 requirements

Map shows the general plan for the Prescott AMA. 

The area would be much smaller than the AMA in whole. 

The only way we can affectareas outside the City limits is to offer something they want.

Mayor Mengarelli points out that every project will have to come before the City Council to be approved. 

He's proposing that they take more time to go to the public for education purposes. 

Council Memo Printout

Mengarelli would like to get the AED project done, but still educate the public on the water outside the public.

Sischka asks how long we've been holding public meetings - 8 months. One person suggested going door to door to educate the public. He wants to set a time limit. 

Mayor Pro Tem Orr agrees with the principle of moving ahead with AED and preserving the Dells and land for Airport. 

Orr and Sischka urge the public to come to them with questions.


Leslie Hoy: The cost-benefit analysis seems weak. She wants to know who discovered the loophole, who will directly benefit. Claims this will turn our area into another Phoenix-like suburb.

Says that the city got suddenly 10K extra acre feet of water.  Wants to know where it came from? Claims that some lawyer discovered some odd loophole. The city responds that when they did the studies to look at how much water is being used, vs. how much water is allowed, the difference is about 10K in acre feet.

Gordon Bond: Wants to know impacts on the aquifer, says he has not seen calculations for this. Land use map doesn't specify future houses. 

Doug McMillan: Wants the City to study the "supply" side of water, that goes beyond the government allotment. "Long term risk needs to be minimized." 

Advocates sustainable solutions such as stormwater.

Ron ?: (comment read by Clerk) Discusses the assets of the city, including water, and the ability to sell it. Asks if the City needs to have voter approval. 

Amber: Claims that the service area map shown is different than past maps. And points to other changes that she has noted. Says Steve Blair is wrong about County development laws. 

Says that land is not adjacent to PV so they couldn't annex it. She wants more time.

Says that AED cannot be trusted.

"I urge you all to proceed with caution."

Howard Mechanic: Wants to make sure that Prop 400 is adhered to. Points to the issue of large parcels. He also uses his own development that the city gave him a settlement agreement, as an example of using more water. 

Travis Rushing: Points to the AZ Republic article saying that water is running dry. Says he's learned a lot today. Asks: What is standing in their way to get on with what you know you need to do?

Paula?: Thanks the mayor for being willing to slow the process down, and says that the policy is improving. Saying that would be easier to annex than get water outside the city. Points to needing a border for annexation. 

Thinks it would be very expensive for individuls to access water under this policy. 

Fred Oswald: Count him among those concerned about overdraft of aquifer. Says he hasn't heard about correcting the issues. Claims they've already dried up the heads of the Verde River for about 7 miles. 

Claims that this is a proposal to double the population. 

Lois Ruworth: Asks that the Mayor and Council reconsider their current approach to how they're working on the problem. Wants them to look at the data. "It's the lack of data that is creating the 'swirl'."





Voting meeting 



 Agenda Packet 



3. INVOCATION  Pastor Matt Kottman with Solid Rock Church

4. PLEDGE OF ALLEGIANCE  Councilwoman Scholl

5. ROLL CALL A. Roll Call



 Councilman Goode thanks the Council and Mayor for this proclamation, although he would prefer that it be stronger. 

A. A Proclamation Reaffirming Council's Commitment to the Constitution & Second Amendment  Council Memo Printout  a. Proclamation - Council's Committment to the Constitution & Second Amendment


A. Recognition of Yavapai County Attorney Sheila Polk 

Read by Mayor Pro Tem Billie Orr. 

Polk thanks the Council, and also the organization that gave her the award. 

And they also take a photo!

B. Fire Ops 101 Event Presentation

It allows you to be a firefighter for a day, and literally, "Feel the heat."

Join them April 3 and 4th. 


A. Approval of Minutes for the February 11, 2020 Special Meeting/Executive Session, the February 11, 2020 Study Session and the February 11, 2020 Voting Meeting.  Council Memo Printout  

a. February 11, 2020 Special Meeting/Executive Session  

b. February 11, 2020 Study Session  

c. February 20, 2020 Voting Meeting 

B. Motion to Waive Potential Conflict of Interest in Opioid Litigation  Council Memo Printout  

a. Opioid Legal Counsel Conflict Waiver 

C. Approval of City Contract 2020-163 with ESRI Incorporated for a Three Year GIS Enterprise Licensing Agreement in an Amount not to Exceed $38,500 Per Year, Using State of Arizona Contract No. ADSPO15-097108 Pricing.  Council Memo Printout 

D. Approval of City Contract No. 2020-164 with CentralSquare Technologies in an Amount not to Exceed $132,759.50 for TriTech Inform CAD and Mobile Software Support and Maintenance using Monterrey County, California, Contract No. A-13000 Pricing.  Council Memo Printout 

E. Approval of City Contract No. 2020-162 with Arizona Public Service, Inc., for Removal and Replacement of Two Utility Poles that Service the City’s Electrical Lines at the Water Production Facility in the Amount of $106,993.91. Funding is Available in the Water Fund.  Council Memo Printout  


F. Approval of City Contract No. 2020-160 with Galfab, LLC Under the City of Mesa Cooperative Purchasing Agreement to Purchase Front Load Refuse Containers and Roll-off Containers, in an Amount not to Exceed $50,000.  Council Memo Printout 

G. Award of City Contract # 2020-147 to Five Oliver, LLC in the Amount of $29,495.00 to Replace the FAA OPS Building Roof. Funding is Available in the Facilities Management Fund.  Council Memo Printout  


Councilwoman Rusing asks to have "E" pulled. 

A-G, except for E passes unanimously. 

She went out and looked at the poles, they were dilapidated. She wonders why APS isn't paying for it.

There will be more to this project in the future. The pole has 69K volts, then one that is 12,070 volts, plus a drop line. 

The poles are impeding the further development. 

The city is the customer (it is not in the city limits), they are bringing power to them, and that is why the City has to pay.

Item E passes unanimously.



1. Public Hearing and Consideration for a New Series 11 Hotel/Motel Liquor License Application from Shane Jenning Shumway, Applicant, for Hilton Garden Inn Downtown; Location: 300 N Montezuma Street.   Council Memo Printout  


b. R19-1-702


Granite Creek, Butte Creek and Miller Creek all meet in the area. The restaurant will be called Triple Creek, I think, and will be upscale. 

On track to open in October or November!!!

Blair asks about the remodel of the Sam Hill facility, and whether or not it will have food and beverage? Yes. 

The design and updates to SH will have to be approved by the federal government, since it is on the National Historic Registry.

Motion passes 7-0.


A. Legislative Update.  Council Memo Printout

Crossover week: Legislation Being Watched

HB2284: Park Bill by Campbell. 

February 5,6 they went down to testify before the land and ag committee, passed unanimously 7-0. Feb 17-19: Passed 9-2. 

Not asking for a handout, asking for the money to be reinvested into the community for ecotourism. Cathey Rusing notes that $1.8M is in the Open space fund.

It would be a regional park 1900 acres. 

HB2899: Would increase gas tax by 6¢ per year for 3 years, and then indexed to inflation.

Hotshot funding: 

Airport funding:

SB1154: Short Term rentals- if owned by an LLC, it must be rented for at least 30 days or more.

HB 2875 Passed out of rules, retained

HB 2313

SB1459 Private Attorney Retention

SB1160 PSPRS Cancer Presumption

SB1280 Expenditure limitations

HB2348 Residential rentals

HB 2404 Prime Contracting

HB2843 Sober living homes - Remove ability to levy fines for failure to attain or maintain license - makes no sense, would hurt overall. - Hope to get it killed. Phil Goode asks where the Sober Living Homes bill came from. Goode feels that this is very disturbing. 

Mengarelli: The City does not want to see an erosion of these regulations. 

SB 1459 Tourism Marketing Authorities

B. Approval of the Granite Creek Corridor Master Plan 

 Council Memo Printout  

a. Granite Creek Master Plan & Appendices 


Received an AZ Water Protection Fund grant and hired a consultant, Natural Channel Design - awarded slightly less than $80K.

From Aubrey to Ganite Creek Park along the creek.

Busy trail. 


  • Restore the beauty and native landscape
  • Improve usability
  • Improve opportunities for interpretation of Prescott history
  • Reduce the flood risk

Overall conceptual recommendations

  • Natural corridor
  • Vegetation
  • Cross vein weirs
  • Rock wall protections 
  • Reduce invasive species, slowly overtime
  • Rockwall being undercut by creek (a WPA project)

Connect to other trails eventually

  • Signage
  • Safety - especially after dark
  • Add lighting
  • Improved sight lines
  • Total cost estimate $1,755,143
  • Need to identify funding
  • Hopefully can get grants
  • Priority Recommendations


Grade level improvements

The Mayor recognizes a variety of benefits to the City of Prescott. 

Billie Orr notes that this a City asset that has not been tapped by the City. 

Clean up date: April 18.

Scholl - other presentations offer very positive feedback. 

Rusing: A hidden gem, anchored by the Hilton Garden Inn. Thinks it should be marketed. 

Sischka: What have businesses offered? Tyler: More amenities, creekside patio. Businesses are interested, want to see the process start. 

Blair: Notes all the volunteer contribution for the love of our community.

Goode: Discusses other projects similar to this around the country. Thinks this will be valuable, but wonders how it will be paid for. Suggests phasing in that can be improved over time.

The money already received goes towards the Master Plan, and is already spent.

State Parks has already done a walk through.

Currently there is about $5M that is unallocated in the fund. It is a 50% match, but some of that can be in-kind. 

Phil also asks about CDBG funding.

Motion passes 7-0.


See the cool map here - you can zoom on it at this link:

C. Approval of PLN19-022, a Proposed Rezone Amending the Zoning from Multi-Family Medium Density (MF-M) to Business Regional (BR) to allow for a Veterinary Clinic Use on 0.94 acres. Location: 826 Sunset Avenue (APN 111-11-110B and 111-11-113); Property Owner: Prescott Senior Daycare Center, Inc.; Applicant/Agent: Harmony Holistic Veterinary Care/ Denise Raney. 

 Council Memo Printout  

a. Letter of Intent  

b. Site Plan  

c. Maps and Pictures  

d. Letters of Support

One commissioner was concerned that this could be a 'commercial creep' and that it was spot zoning.

Councilman Goode thinks that this should be designated business general, rather than business regional. Says it is a little less intense.

Blair notes that the entire area is a mismatch of zoning. 

Motion passes 6-1, Goode in dissent.

John Wayne quote: Courage is being scared to death and saddling up anyway.




Lynne LaMaster

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