City Council - Regular Meeting

April 14th, 2026. And this is the city of Prescuit City Council voting meeting. Roll call, please. Mayor Rousing here. Mayor Proen Freeworth here. Councilwoman Frederickson here. Councilman Gamboji, I am here. Councilman Garing, I'm here. Councilman Grady here. and Councilman Ruby here. All are present. Thank you. We'll now have introductions and announcements by Mayor Pro Tam Lois Fworth.

Very good. Good afternoon everyone. We have a lot of upcoming events and activities happening in Prescat. Did you know that April is water awareness month? While water conservation is important year round, April is a great time to either get started or to further deepen your efforts. Visit prescatwwater.com to learn more about how you can help conserve water. And on Saturday, April 25th, visit the city of Prescat Water Smart Tent at the Highlands Center for Natural History to personally explore city wwater water conservation resources. The city is hosting a community meeting on April 15th from 4:30 to 6:30 at Strickland Park to gather input on a stormwater project focused on improvements across Sherwood Drive, But Creek, and nearby park areas. City staff will be available to share information, answer questions, and collect feedback. And refreshments and displays will be available for you. Uh, Prescat Earth Day and Wildfire Expo is happening this Saturday, April 15th, from 9 to 2 on Cortez Street at the Courthouse Plaza. Be sure to stop by to connect with many local agencies, businesses, and many participating organizations, all to help protect and celebrate Prescuit and our planet. Next week, April 19th, uh, to the 25th, is National Library Week. The Prescat Public Library truly offers something for everyone and we invite you to join the celebration. Visit prescat library.info to explore all the events planned throughout next week. Uh we had originally scheduled a rodeo fairgrounds master plan meeting for next Monday, the 20th, and it has been postponed with more to come later. On Tuesday, April 21st, the city of Prescat Recreation

Services Department will host a public workshop for the parks and wrecks master plan project at the Roly P. Simmons Center on Roser. Residents are welcome to drop in anytime between 6:00 and 7:30 to visit interactive stations, speak with project team members, and provide your input on parks, facilities, trails, programs, communication, and their long-term priorities. Uh, finally in the event space, the Whiskey Off-Road returns the weekend of April 24th to Prescuit. Residents are encouraged to watch for updates regarding road closures and traffic impacts associated with the event. Now, for one great piece of national news for Prescuit, I also want to take a brief moment to publicly celebrate that our own city attorney, Mr. Joseph Young has been selected as one of only 250 public servants from across the country to receive recognition as being a public service champion by the National Academy of Public Administration. This national honor highlights 250 individuals who have made exceptional contributions to their community and demonstrated a strong commitment to public service. As part of the recognition, he will be honored at a reception in Philadelphia in May. But I'd ask you all to join me to take a moment for a round of applause from the citizens and staff that he serves.

Thank you. Thank you, Lois. Uh, please stand for the invocation by Pastor Levi Minder with the Alliance Bible Church and then stay standing for the pledge of allegiance by Councilman Ruby. Dear heavenly father, we thank you Lord first and foremost for our elected officials and all those who serve this beautiful city of Prescuit, Arizona. Lord, we ask for wisdom in their decisions today. We ask for charitable cont uh conversation and Lord I just thank you for this in Jesus name. Amen.

Amence to the flag of the United States of America and to the stands one nation indivisible with liberty and justice for all. Next item, we'll move on to proclamations. And our first proclamation will be presented by Councilman Grady. It's for Earth Week 2026, April 16th through the 22nd. Good afternoon everyone. Um really honored and excited to be up here um in recognition of Earth Day and Earth Week. Personally, I've been engaged with Earth Day and in the last several years, Earth Week um since we moved here in 2017. So, it's something that uh very passionate about. It's so important in this day and beyond to recognize the stewardship responsibilities that we have for for our community and for for this planet and the the um event of Earth Day itself that happens this Saturday on Cortez Street is an opportunity to share um your thoughts but also learn a a lot from uh the activities and events that are going on. Uh before I read the proclamation, I'm going to ask some uh community members to come up that have been actively engaged in in this work. We have representatives from the Interfaith Climate Action Team, from the Northern Arizona Climate Change

Alliance, um as well as from the Greater Prescat Outdoor Fund. So this mayor's proclamation is for Earth week 8, April 18th to the 22nd and I think beyond. Whereas the annual celebration of Earth Day and Earth Week 2026 will be celebrated around the theme of partnerships. And whereas our community continues to confront environmental challenges that require us to recognize our role in the protection and restoration of the earth. And whereas Earth Day and Earth Week are annual reminders of the constant need for outdoor and environmental learning, stewardship and local engagement, and partnerships in sustainable community action. And whereas residents are encouraged to use Earth Day and Earth Week to celebrate our special place on this common home we call planet Earth by participating in the many educational events throughout the week, including the official Earth Day celebration on Cortez Street, connecting with the land through environmental projects, exploring and observing the beauty of Prescuit and its natural features, and even sharing photos. of Prescuit's National Natural Wonders or your environmental activities on social media with your family and friends. Now, therefore, Kathy Rousing, mayor of the city of Prescuit, does hereby proclaim April 18 to 22, 2026 as Earth Week 2026. And we encourage all members of the community to learn, to share, and celebrate the protection and restoration of the earth and our local environment. So, I'd like to present the certificate

first um to to Rod Moyer of the Greater Prescat Outdoor Fund and Amanda Voss who are very active specifically in Saturday's event which takes weeks and weeks of planning. And this is something that that Rod and the board president Gary Warup who couldn't be here today have been doing for several years. and the their commitment and steadfast work on this has been really wonderful over these many years. Did you want to say a few words or Amanda?

Thank you, Patrick. Um, for many years now, we've had the uh Prescuit annual Earth Day celebration. it uh for many years it was on the square and it was organized by the Open Space Alliance. In 2017 the Greater Prescuit Outdoors Fund took over and we moved it to Cortez Street because the plaza was getting a little too expensive to rent and um it's worked out very well for us. It's been very highly attended by not only our citizens but our visitors as well and the uh the city and the Cortez Street merchants have been very cooperative with us and helpful. Um we um will have 43 booths this year and the largest of them all will be the children's area which Amanda will talk about. Uh lots of educational activities for the kids where the parents can safely park them while they browse the rest of the event and we hope we'll see you all there. Thank you.

Thank you. Sorry. Hi, I'm Amanda Voss with Yavapai Exploration and Science in partnership with the Greater Prescuit Outdoor Fund and we are running the kids area and we are really excited to be bringing ammonite fishing um some ambiotic versus uh symbiotic um education through science and then also some other gross motor and fine motor skills for kids to learn about through Earth Day. So, thank you guys so much. below over there. I see what you're

We're going to have the whole group.

Perfect. I can see everybody's face. We'll take these too. Perfect. Thank you all. All right. And next we'll have the proclamation for stand with me be drugfree uh presented by Mayor Rousing.

So we have one more speaker who's going to speak more that's okay. Who's going to speak to to Earth Week and some of the activities during Earth Week? Annie. Hello, mayor, council members, and general public. I'm Annie Sawyer with Northern Arizona Climate Change Alliance. Here with my colleagues, Sharon Kelly, our community organizer, and Char Hoffman, who is head of the Interfaith Climate Action Team. I'm here to give you a quick sense of the events surrounding the Earth Day uh 2026. I'm calling it a stretchy Earth week because the activities will span nearly two weeks. These free events have been planned by a notable variety of volunteer civic and spiritual organizations. Now, I passed or I gave Sarah some to pass out, but I didn't bring copies for everyone in the room. So, you'll have to go to our website, naza.org, nazcca.org, org where you'll find the events list on our homepage and um or you can stop by our booth and uh get the uh events list on Saturday but the first event is actually well not counting today uh is starting on Friday. So well let me just give continue with the sense of what all is coming up. Uh there some of these events will be entertaining some educational many participatory

to be held in outdoor settings, classrooms, auditoriums and galleries. There'll be both daytime and evening events. So there there will be some opportunity to offer support to these organizations through donations, but like I said, they're all free or by volunteering. Like for example, at the Granite Peak Cleanup, that's also on Saturday. There will be art, food, music, raffles, and general fun for all ages. I wanted to say also that uh on the national earth day which is always the 22nd and doesn't you know conveniently fall on a Saturday we are having the traditional uh rally on the square. So that will be at 5:00 on the 22nd. Now um I wanted to say that the large number of these Prescat Earth Day celebrations is a good indicator that our town has a high interest in understanding, preserving, and enjoying our environment. Okay. Now we will have stand with me be DrugFree week April 20th through the 24th presented by Mayor Rousing please join me up here at the uh speaker podium. Anybody here? Thank you.

Whereas Matt Force has proclaimed April 20th through the 24th, 2026 to be stand with me, be drug-free week. Whereas the city of Prescuit embraces a vision of a healthy, vibrant, and strong community for children, youth, families, and peoples of all ages and celebrates the fact that a majority of people do not abuse drugs and alcohol. Whereas the city of Prescuit recognizes that youth prevention is essential based on the fact that nine out of 10 people who struggle with substance abuse use disorders begin using substances as teenagers. Whereas knowing that families are adversely affected by illegal drug use, including work problems, legal problems, mental health problems, physical illness, overdoses, addiction, accidents, accidental death, economic loss, child abuse, destruction of families, driving while impaired, and crimes against persons and properties. Therefore, the city of Prescuit would like to commend and pay tribute to all of its citizens whose choose to be free of illegal drug use. Now, I, Kathy Roosing, mayor of the city of Prescuit, do hereby proclaim April 20th to the 24th, 2026 as Stand with Me Be Drug-Free Week. I encourage citizens to participate in the celebration of a drug-free, healthy community by participating in the planned events, activities, and displays. Thank you.

Thank you. I'll turn it over to you.

Thank you. U my name is Kimberly Gregory. I work for Matt Force. I'm an engagement um community engagement and education specialist. Um so, real quick, Matt Force, we just celebrated our 20-y year anniversary in the fall. Um, as mayor said, we do focus on drugrevention education. We're in a majority of schools throughout Yavapai County. Um, not just drug prevention education, but also things like self-esteem, resiliency, so on and so forth. Um, something that's super exciting for me is Matt Force. Also, um, we are in Yavapai County Jail in our Camp Verdie location where we provide trauma, um, informed trauma care, uh, to the inmates there. Um our hope is that they can understand a little bit more about themselves and in that traumatic cycle um to again further help our children in our community. Um we also teach parenting classes in the jail. Um we also have free parenting classes in our community. There's many resources that we have available. Um you guys are welcome to check out mattforce.org. Um, so, uh, through strong partnerships with schools, law enforcement, municipal governments, and community stakeholders, we continue to make a meaningful impact, and we respectfully thank you and ask you to recognize Stand with Me Be Drug-Free Week, April 20th through the 25th um, in honor of the health and the future of our children and our community. So, thank you. Thank you. You're super lovely. Appreciate it. Yes, of course. Thank you.

Thank you. Thank you so much. I appreciate you. And our next proclamation is National Library Week, April 19th through the 25th. And that will be presented by Councilwoman Frederickson. Good afternoon. Is Melissa with us? Melissa or come on up. Oh, great. Yay.

I was very happy when I was told that I would be providing or presenting this proclamation. I don't know how many times in my marriage my husband has mentioned to me how much the Carnegie Library that was established in uh Olympia, Washington where he grew up, how big of a factor that was in his growing up years uh between that and the cadetses and the YMCA swim team, the Carnegie Library opened his world to the wider world. Olympia, Washington, despite being um the state capital, was a small, fairly rural community, but it allowed him to get out of his community. And that was something that the library does so exceedingly well. So, I'm happy uh to present the mayoral proclamation today. Whereas libraries spark creativity, fuel imagination, and inspire lifelong learning, offering a space where individuals of all ages can explore new ideas and be drawn to new possibilities. And whereas libraries serve as vibrant community hubs, connecting people with knowledge, technology, and resources while fostering civic engagement, critical thinking, and lifelong learning. And whereas libraries provide free and equitable access to books, digital tools, innovative programming, ensuring that all individuals, regardless of background, have the support they need to learn, connect, and thrive. And whereas libraries partner with schools, businesses, and organizations, connecting the dots to maximize resources, increase efficiency, and expand access to essential services, strengthening the entire community. And whereas libraries empower job seekers, entrepreneurs, and lifelong learners by providing access to resources, training,

and opportunities that support career growth and economic success. And whereas libraries nurture young minds through story time, steam programs, and literacy initiatives, fostering curiosity and a love of learning that lasts a lifetime. And whereas libraries protect the right to read, think, and explore without censorship, standing as champions of intellectual freedom and free expression. And whereas dedicated librarians and library workers provide welcoming spaces that inspire discovery, collaboration, and creativity for all. Now therefore, Kathy Rousin, mayor of the city of Prescuit, does hereby proclaim April 19 through 25, 2026 as National Library Week. We encourage all residents to visit their library, explore its resources, and celebrate all the ways you can find your joy at the library. And Melissa, I'm glad you're here, and I'm glad you brought your team. I'd like to present this proclamation saying how much the city of Prescat appreciates its libraries. Share a word with what the library is up to. Okay. All right. I'm short. All right. Hi, I'm Melissa our library director here in Prescuit. And we would like for you to help us kick off National Library Week with our amazing staff. I have Paula and Amber from our uh library and our amazing friends. We have Barb Collins and uh Mike Gully who will begin celebrating um at the Earth Day event this coming up Saturday. So, we'll be

there with lots of fun activities. We'll be there with seed packets. We have a seed library um at our location and we're bringing seed bookmarks and activities for all ages to enjoy. Next week we're going to have Mouse from If You Give a Mouse a Cookie. How many of us know about that book? Mouse will be in the house at the library next week showing up at all of our programs uh Tuesday through Thursday and then it'll culminate on Saturday. We'll be at the farmers market. Mouse will be there again with us. He'll be giving out free books to the kids. We'll be giving out crafts for adults and signing you up for library cards because, you know, you've got to have one if you don't. And uh we're also doing things like a a bingo reading activity for the kids all throughout the month. And we're still working on a bunch of America 250 uh activities that you can learn about this month. So, please come and join us at all of our events and every day at the library because we're open seven days a week. Thank you.

Pictur come over here by myself. Perfect. Thank you. Thank you.

All right. And as Councilwoman Frederickson makes her way back up to the deis, I am going to move us on to our next item, which is the open call to the public. The city of Prescuit welcomes public engagement. Residents may comment and address the council regarding matters that are not included on the posted agenda during the call to the public. If you wish to speak, please complete a green speaker card and submit it to me prior to the meeting being convened. As a reminder, speakers are limited to four minutes and the call to the public will be limited to 40 minutes in 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. Topics of a primarily national concern may be limited at the discretion of the mayor and the call to the public shall not be used to address the council on current or pending legal matters by a party or their representative. I do have 10 open call cards today. So, I would like to request that everybody make sure that you stick to your 4-minute limit so that we do not exceed our 40inut total. Um, and in accordance with our stipulations, after today, we will have reached the five times limit for the rodeo. Um, so following today's open call to the public, no further public comment cards will be taken on the rodeo unless it is on the posted agenda. Our first speaker is Gary Stewart.

It's okay to turn this

testing. Thank you. It's nice to see everyone I voted for in office. Now, now I want to uh let you know the residents of Prescott are very smart and we do our due diligence. So, as you've probably heard through the grapevine, a lot of us are unhappy with the flock camera system, but I've been in touch with uh Senator Mark Fincham, and as I notice more ANI AI facial recognition condor bulbs going up all over major intersections with three around the courthouse. It's of great concern. He said, "Why haven't you why hasn't the city council invited the public to discuss this development with the flock safety system?" I said, "They don't care." And I we really feel that you do not care. So, one thing I was here on February 28th for the flock commercial with our chief of police and the salesman from Atlanta, and they failed to mention a lot of things. Do you know that our tax dollars are funding 13 private equity corporations with our tax dollars buying all their equipment? if you cannot tell me that they don't see tickets is doubling their revenue. Uh so I printed out for city council uh to show the due diligence of the 13 with all the names, the dates and everything all connected to the flock system in Atlanta. By the way, one of the CEOs in Atlanta had hacked a girl's gymnasium. This is one of the leaders of the flock corporation, an underage girls gymnasium combined with the flock system. and he's under investigation for sexual crimes of criminal activity of minors. Oh, flock is not ever going to be corrupted or misused. Well, it already has by one of the CEOs in Atlanta, which is tragic. Uh so I have all this evidence here if you'd like to educate yourself on the

names of the 13 um private equity firms that I'm sure want to make their investment grow by tickets. Uh so the other thing is uh we mentioned Earthweek. So, looks like what our police chief failed to mention is that all the flock cameras go globally to train AI before the police department gets the footage. So, the AI facial recognition will go to flock globally to train AI, which is connected to Palunteer, by the way, who just got the keys to the CIA for all the information just uh two weeks ago. So, it's not what you think it is. And I don't particularly feel free or safe knowing that all my movements are being recorded. Now, there's facial recognition for all pedestrians in America's hometown, so to speak. And those children who are going to be celebrating Earth are going to be in the global flock system with their facial recognition around the courthouse. We track three cameras so far. Uh they're above the flock array. So you have a flock array like this with a solar array camera pointed down to automated license plate reader. Above it now is a ball. I believe it's called a condor is an AI ball over all the intersections looking at everyone walking through every intersection or facial recognition downtown at the courthouse recording everyone's movements, tourists, everyone. So, um, I personally think that's an invasion of privacy I'm not too happy with. And you made it think you made the public think that it was infallible when in fact it's very fallible and has been hacked and abused even by people within the corporate structure. So I think you should think twice about some of the integrity issues around the flock safety system and that

AI recogni rec facial recognition goes into the database forever. So our police chief over here before said it's all erased after 3 weeks unless you're a criminal. Well, it's already on the global system training AI globally and that's international. That's not just local. So thank you. I'd love to hand this to Educate the city council on the corporations. Your time is up. Thank you very much. I really appreciate it. And can I give these to Earl Duket? Thank you.

Thank you, mayor. Thank the city council. Uh my name is Earl De 530 Fairgrounds and I serve on the rodeo fairgrounds steering committee. I guess this is the last time I'm able to talk about it uh at this call to public. Uh late last night I learned through a Facebook post that the scheduled community meeting for the master plan was being delayed. Today without any deliber del deliberation amongst the steering committee members we were informed by staff that the meeting will be pushed to early June. That is not how this process was supposed to work. The timing of this decision immediately following the release of cost estimates in today's paper reinforces a growing concern in the community and people that I work with that the steering committee and public input are being treated as merely procedural steps to check off and rather than meaningful parts of a decision-making process. I have pushed back on that perception. Today's action though makes that much harder to do. In my career as an engineer, I've seen what happens when decision makers discount data that doesn't align with what they want to see. History gives us a clear gives us clear examples where known risk and warnings were not acted on. Think about the space shuttle challenger accident and three-mile island. Now, this is obviously not of that scale, but the principle is the same. When you ignore the data or disrupt process, you increase the likelihood of a bad outcome. Now, we all hired a thirdparty team, GH2, to run a structured, datadriven, communityinformed process. Delaying meetings when the information becomes uncomfortable undermines that process. If we are going to do this right, and I really hope we do, we need to stay committed to the process that's set by the steering committee, follow the data, respect the role of the steering committee, and engage the public

transparently and consistently. Otherwise, we risk losing trust in both the process and the resulting outcomes. Thank you,

Michael Marshand. Good afternoon. A few more thoughts on SR89 and perhaps get your pen out. Oh, and there's a handout after the speech for you to peruse at your leisure. Michael Marshand here. The SR89 project has flipped from planning to execution. It's all up to Kimley Horn. Now, there are three elements to any project: scope, cost, and schedule. The old adage is that you can only meet two of the three with the third floating. For example, if you hold firm on on scope and cost, the schedule will likely move out a bit. Why is this? It's because planning is imperfect and stuff happens, as they say. But a project manager doesn't have a blank check to come back for loads more money or to tell you that the schedule is blown. There must be legitimate reasons for change orders. Expect tweaks, but not wholesale changes for a well-managed project. More on the big three. First, scope. Scope is now locked down with alternative 2C. You might consider a study session doing a deep dive on exactly where the Michigan left turn will be located and especially why there, what intersections will benefit, new traffic flow, challenges, etc. Regarding costs, I'm betting they will go up. Why? Alternatives 2 A, B, and C costs were nearly identical, not reflecting the unique costs of roundabouts and the new Michigan left turn. all in the handout that you'll be getting in a moment. Please make sure that you cons consistently trust but

verify when managing your suppliers. Honestly, see honestly, I've seen a whole lot of trust but not so much in the verify area. I invite you to prove me wrong. So, please keep cost high on your watch list. Finally, there's schedule. I think that we can all agree that minimizing road closure time is a top goal for the project. But I don't get one thing. There's a challenging 1,400 ft stretch or 1/4 mile of roadway through the heart of the Narrows that's preventing at least one lane of traffic from getting through. Remember, we were told that people could get to their driveways on either side of this quarter mile stretch throughout the construction. Now 1/4 mile out of 2.3 miles is about 12% of the total roadway. Meanwhile, the estimated shutdown time is 3.5 to 5 months, we were told, with the entire project taking 12 to 14 months. That means 12% of the roadway would shut things down completely for up to 42% of the project. Please explain that to me. Just get that quarter mile stretch done in record time and it seems like we have a fighting chance for at least a single lane of traffic flow and not much time. So, what can be done to minimize closure time? Here are a few ideas. Incentivize Kimley Horn to create a groundbreaking design, pun intended, that minimizes the closure time. Incentivize the contractors as well. Work 247 on this stretch of road while it's closed. Finally, find innovation from the greatest minds in the country. No hubris allowed. If there isn't money in the budget for these things, then how about a GoFundMe page? Seriously, where there's a will, there's

a way. And I think a deep dive study session on road closure minimization strategies along with their pros, cons, and costs would be a great thing for everyone. Leave no stone unturned. Thank you. Thank you, Mike. Next. Truly Bracken. I'm here today most significantly because it's water month and Earth week and we have a pause as we're reconsidering the master plan. It's important, in fact, it's urgent that the environmental aspects of this master plan be considered in the master planning process. It's a present problem. The existing biological treatment basin is too small to remove an adequate quantity of nitrogen and phosphorus and ecoli from the runoff from the the rodeo grounds. You have the experts on your staff who can tell you that, who can provide the sampling data that goes back to 2008, who can summarize the two major environmental reports done on the runoff from well done on the entire watershed and its improvement, calling out the rodeo grounds as the single most significant source of nitrogen and phosphorus in the entire watershed by an order of magnitude over the next highest source. To ignore that in the planning process means that the sighting of buildings will be done. But the sighting of what

the environmental team is asking for, which is more biological treatment along the perimeter of the rodeo grounds and a composting system that's designed to treat manure in a confined way will be ignored if there will be no space for it. If you put parking up to that fence line and you site a number of buildings and RV areas without considering this, there will be no funds left if you wait till the permitting process. It only makes sense to wait until permitting. If you only think you have a problem after additional construction is done, you have a problem now. I'd urge you to speak with the environmental staff, have a study session if necessary to get their input so that I know that they've met with both um Mike Morris and Scott Ball and with the GH2 team recently, but their input is not being welcomed into the design. It is not being included as they lay out the site itself. I think it's really urgent and you're going to see a lot more public interest as we go forward because people care about the lake. You need source reduction and not just treatment at the lake. Thank you so much for your time.

Thank you truly

John Loots. Good afternoon, Mayor Rousing, Mayor Prom Fworth, and the Prescuit City Council. My name is John Loots, 542 North Hosyampa Drive in Prescuit. Thank you for your service in this time to address the looming construction of the Prescuit Plaza Hotel. I have been a Whiskey Row businessman for 45 years. I came to Prescuit in March of 81 to open the McMahon's furniture store in the Sam Hills hardware b building and today I co-owned Van Goier Art Gallery in the same location. For perspective, Van Goir has repeatedly percolated to being one of the top three things to do while visiting Prescuit by sites like Trip Advisor and Yelp right up with Charlotte Hall in the fippen. The local flavor of local businesses are what makes Prescuit Prescuit. The permissions granted by the city of Prescuit to allow the construction of the Prescat Plaza Hotel have the potential to precipitate the failure of Wisy Rose businesses that strive to make Prescuit Prescuit. We are the center of the allure of our hometown. Never in 45 years of speaking with the public on Whiskey Row have so many residents and visitors confronted me with a single issue as have confronted me with, "How do you feel about the new hotel? Never have I heard as solidly negative public discourse on an issue. Everybody's hometown hates this project." Unfortunately, the last city council approved this moving forward in their 9inth hour, but it is going to be the legacy of this city council as it becomes a reality. When approaching when approached, my

answer might surprise some in that I see potential positives in this project. I think overnight stays in the center of town would be good for downtown vitality. I don't have issues with the design and I see increased height as a solution to sprawl. Up to this point, my big stop has been the imminent conversion of our shared public resource, our taxpayer funded public parking garage into a gift to Prescat Plaza Hotel. With the previous city council's incredibly unpopular decision to move forward with the developer of Prescat Plaza Hotel, my concern has shifted to the potential loss of business the actual construction could result in for those of us who are prescuit. Unlike the assembly on the former city hall site, PPH has no site on which to stage construction. The assembly has setbacks. There are no businesses directly facing the impacted 20 or so parking spaces. PPH has no setbacks. There is no space from which to stage this construction. That will negatively that will not negatively affect all other Whiskey Row businesses. The city of Prescenly aware of this fact. Whiskey Row businesses will be holding you accountable for any loss of business incurred by allowing the closure of the sidewalk, blocking of vital whiskey parking, or closure of the alley. We the people who make Prescuit Prescuit are in heated discussion and researching the paths we may need to take to hold the city of Prescat and Prescuit Plaza Hotel financially responsible for any loss of business, any and all loss of business caused by the closure of the access resources we have paid for in our roles supporting the vitality of Prescuit. In major metropolitan cities, site restricted construction is accomplished

at great expense to the developer without closing sidewalks, parking, and alley accesses. The developer of this project in the heart of Prescuit should expect this kind of expense. The expense of the construction of the Prescat Plaza Hotel cannot be borne by the Whiskey Row business community. I am here today to let you know that we will fight for our lives to save the businesses that are prescuited. Thanks for your time. I hope we, your supporters and constituents are hurt. Thank you. Thank you, John. Tony Hammer,

mayor and council, thank you very much for the time. Um, I'm going to talk about promises made and promises kept. Good businesses track their performance with clear metrics and key indicators. They measure results against goals they've set. Yet here in Prescuit, our city council has no such system. As a result, we as citizens are left in the dark about how well our elected officials are actually delivering on their promises and priority projects. In early January, Ion Prescuit bought a simple and powerful accountability system to the city. We presented it to you and even offered you tools and support to clearly show the community what you are accomplishing. We promised we would be back on this subject every quarter and this is us fulfilling our promise. Unfortunately, you chose not to respond and participate. You did not confirm your goals. you did not share specific metrics and key process indicators. So that leaves us at this point a quarter later with no official way to measure performance. So we at ION Prescuit took matters into our own hands. We've carefully reviewed their public speeches, your public speeches, from campaign materials, council meetings, etc. From these sources, we've compiled the clear

promises that each of you have made to the community. Now, at the end of the quarter, it's time to turn on the spotlight. Today we're going to review the progress of the magnificent seven, our seven city council members, and see how you're doing against the commitments you've made to us, the people of Prescuit. Late breaking news. One of our councilors came through this week and actually made a report in terms of what he achieved and what value added he'd made for the community. And that was Jay Ruby. Um maybe in response to some friendly needling, but um we managed to get Jay in. Thank you, Jay. All other counselors and the mayor defaulted on their leadership responsibility. We've developed a matrix that provides our opinion of the performance of council members. Future assessments will be assisted by the council members opening up to the community and providing more guidance as to their responsibilities and value added to each one of us in the community. Ideally, we would like to move towards a self evaluation scheme of your accountability for your promises. Let me just quickly go to two council members and Mr. Ruby's the easiest one to go to because we don't have to go and search for his goals. It's very clear. He says we're going to have to be smart about

developing different aspects of our economy and I think that means attracting young families here. In his report, Jay said that he has supported a loan from the city to qualify for credits to build an 82 unit apartment. That was a major Mr. Hamer, your time's up. Thank you. I'm sorry. Uh, let me just finish. Mr. Hamer, we have many other people that would like to speak. I noticed the accuracy of your watch up until now. And I have the timer. Chad Dere, thank you very much.

Wow, very fair and balanced here. My name is Chad Dere. Uh, thank you, mayor and council members. Um, I'm Chad Dere. I live in Prescat. I'm from Ian Prescuit. Tony and I created a platform because we saw a lack of transparency in this city and we heard loud and clear from the public that they wanted something different. Today, we reached over 25,000 consistent followers across our platforms. residents, taxpayers, business owners who are paying attention and want the truth about what's happening in Prescat. On January 16th, during voting, a voting session, Tony spoke about promises made and promises kept. That single moment generated over 20,000 views alone on that one video. That's not by accident. That's because people are watching, listening, and they care. We are not here just to sit quietly quietly in your audience. We are here to um expand access. Today we are syndicating this actual voting session across our platforms in real time giving you giving your constituents direct unfiltered unfiltered visibility in how decisions are being made. I am Prescuit is helping to inform the residents of this city bringing awareness transparency and a level of visibility that simply didn't exist before. So I'll be very clear instead of avoiding or hiding from our platform you should be embracing it because this is where your audience already is. Again, I'd like to recognize Jay Ruby and Ted Gambi for stepping up, coming on our show, and being willing to engage directly with the public. That's what leadership looks like. Tony didn't get to um um finalize on the review of the city council and I have reviews as well. Um we will be posting this on our platform. I know due to time we're running out. I do agree with a lot of things. Mayor Rooing, I love that you promised develop a diverse business community and vibrant downtown. I love that, you know, but have we done that? There's no report available. Some promises on the infill cheerleading

evident versus directed and resource programs. Tax revenue and budget will need to be deaf. Management is not regarded with respect by city staff. Lois, you have some great things on there, too. And I think you you're doing some good things. complete and sell uh complete sell and pass a general plan and how to better the plan public engagement and I can go on but I'm running out of time. So Mr. Grady um enigmant member of council has experience but has not made an impact on the direction of the city. Um will you has strong relationship with the community seen as an outsider. In closing um here's the bottom line. You don't control the narrative anymore. the public does and we are making sure that they see everything. Thank you uh for your time today and uh we'll be posting this on our online platform. Thank you.

Levi Davey Star Darby.

I ain't as fancy as all these other people as instructed by my wife because I'm the chairman of the Yappai County Fair, my general manager, Rosie Derby, to thank you all for postponing the project of the rodeo grounds because it wasn't right. In my personal opinion, GH2 don't know their head from their ass because they've put the warm-up arenas and stuff over here and the animals over here. So, how we supposed to get them across? So, postpone it is the best thing we need to do because it went from 60 million to 142 million. How do we do that? That's what I understand. I don't understand how we had a steering committee with the two biggest functions in Yavapai County, which is Prescuit Rodeo and Yavapai County Fair. And the steering committee wasn't the Yapai County Fair wasn't on the steering committee till last week. So how do we have all these events with the two biggest functions in Yap by county not on the same board? That's what I don't understand. GH2 has done a pretty decent job, but they ain't done their job. Plain and simple. They've tried to help the community. They didn't do that right. Only thing they want to do is make the money and leave. They haven't seen what the actual heritage of the rodeo grounds is, what the history is, and how do you make an actual rodeo grounds work. So postponing it is the best thing. I do thank you all. Like I said, I'm not the political person to be here, but Rosie had a client that was passing away in Seligman, so I got stuck with you and I apologize for that cuz I'm straight up and straight forward forward. GH2 does not know what they're doing and that is all there is to it. the community, the neighborhood. I understand their concerns because I face it every year. I've been running the county fair for 15 years. We left the Finley Event Center, which used to be Tim's Toyota Center with 4,000 people attending. We've came here, first year was 4,000. Last year was over 50,000

people event attending Yavapai County Fair. So, like I said, how do we have a steering committee where their two biggest functions weren't on the steering committee? The rodeo was, but the fair wasn't. So, we had to put pro protest and petition to get the county fair on there. They're not doing their job. So, the the the people, the community that are upset, they have every right to be because the plans that they've pres presented for the rodeo grounds fairgrounds expansion isn't right. It ain't going to work. That we don't need more dog parks. We don't need a swimming pool there. This is an event center, not a community center. And they hate me for saying that, but that's the truth. It's an event center. Now, can we make it in a community center? Yes, we can. Your expert, equin export, she wants to pave the whole parking lot. My son has a $40,000 heel horse. Horse is the biggest pansy in the world. He walks on concrete. He's lame for three weeks. So, why are we paving an event center for animals to walk on and make it asphalt? That don't work. Like I said before, bullpens are on the east side, the arena's on the west side. How do we get animals back and forth to the arena? They couldn't answer that question for me. I know I'm not very educated even though I graduated from the U of A, but come on, common sense. GH2 don't have common sense. So, thank you city of Prescuit for postponing this. I know my wife is going to kill me when I get home, but she should have been here cuz I'm not the public speaker. Thank you very much, city of Prescuit.

Thank you, Levi. Bonnie McMahon.

Thank you, Mayor and Council. Short and sweet. Um, this request is to reschedule the Strickland Park meeting that is scheduled for tomorrow. Process matters and so does communication with short notice. The first time I saw it was April 12th, which was Sunday. Short notice, limited signage, and no direct outreach to the neighborhoods. The public cannot meaningfully participate, especially for a project involving our protected open space. Please reset this with proper notice and outreach. And I might add that I drove to the site yesterday and the sign was an 8 and 1 half by 11 on the other side of the big Strickland Park sign. And so if you're coming west heading towards the park, you can't see the sign. So it's on a little stick and I don't think there's going to be good turnout. I plan on being there tomorrow, but this is very, very important what they're going to be talking about, especially as it pertains to our open space. Thank you. I'd like to uh direct staff to uh reconsider um rescheduling this event because I got a phone call that there's uh numerous people that weren't aware of this event and uh short notice and a lot of them will be unable to attend. So I think it's important that we have a uh as much attendance as possible. So I would ask you to uh reconsider if possible. Thank you. Understood.

Kenneth Gner.

Hi, Kenneth Colner of Prescuit. I'd like to express my concern, my opposition to the flock camera system in the city. Um, my first question is why has there not been any long- form presentation for the city about the cons of the flock system since the flock company themsel gave their presentation on the alleged benefits of flock. Um, second, I'd like to point to an email from the public record. Uh the email was was from police chief Amy Bonnie addressed to Tyler Goodman and I'll read some excerpts. This is regarding flock. It has come to it has not come to study session and we definitely would rather that it not at least not initially. Mostly am concerned about everyone knowing where they are. Of course they will find out eventually. I'm also concerned with the level of conspiracy theorist we may see. That being said, I'm not entirely opposed to it, but would recommend that we present it after the trial period so we have some success stories to share. And the email goes on. Um, later down it says, "The system can tell us how many cars I'm sorry. Additionally, one of the really great things we can tell is traffic volume. the system can tell us how many cars use the roads and how many unique license plates are using them. Further, it says, quote, "But this system can tell us how many unique license plates are using the roadways and should help when it comes to grants and street planning." So, end quote. So if flock is allegedly only used for

crime and can only be used for crime, I point you to that uh set of statements. Uh then moving on from there, um any goal to keep people safe is only lawful if the government doesn't break the law or violate due process rights in order to do so. To do otherwise is a usurppation of power. Having privacy is not merely opinion. It is the law. Some have claimed that there is no right to privacy in public. But even in Arizona, the right to privacy is enshrined in the constitution. The state constitution article 2 section 8 explicitly titled right to privacy reads no person shall be disturbed in his private affairs or his home invaded without authority of law. If there was no right to privacy out when in p when out in public, then there would be no requirement for what's known as reasonable articulable suspicion or RA in order for a law enforcement officer to stop and search a person and their property such as vehicle when being pulled over. This means that the officer must have a valid reason that uniquely identifies the person being stopped is suspected of a crime and that such a reasonable person and uh of a crime such that a reasonable person would understand and agree that evidence that the evidence and suspicion are reasonably identified as a stopped person is being tied to evidence of a crime. Failing the RA requirement, the person cannot be lawfully searched. However, with Flock surveillance, any person who drives or walks past a camera and is recorded and identified by the camera is essentially being treated as though they are suspected of a crime. Since if they were not suspected of a crime, there would be no reasonable lawful justification to surveil and track them in the first place, which is essentially presumption of guilt. The Supreme Court ruled in carpet diversity,

United States, that to track someone's movements over time is a warrantless search and violated what the court calls the privacies of life, quote unquote. Even though it was only ruling in the case at hand, which dealt with cell phone site location data, the logic and conclusions have many relevant parallels to the Flock surveillance system. Being able to incidentally observe a person in public or even incidentally photograph or video. And I'm sorry your time is up. You had four minutes. Thank you. Thank you. Yeah, that's all. Mayor. Okay, moving on.

Next item is the consent agenda. Okay. Are there is anyone pulling any items? I'm uh pulling item F, the hockey rink. And uh I'm pulling item G G the uh drill tech. Madame Mayor, I'm pulling item D as in Denmark.

D is in Denmark. Okay. Thank you. We have D, F, and G will be pulled. Do I hear a motion for the other items? Mayor, I move to approve consent agenda items 8A through 8E excluding item D and F and G. Well, I only said through E, but I'll say through G excluding D, F and G. Okay, thank you. Do I hear a second? Frederickson second.

Okay, please vote. passes 70. Okay, we'll start off with item D as in Denmark. Madame Mayor, I just wanted to make a comment. The only reason I pulled that is I'd like the public both here and online to hear who the new candidates are. Do you want to cover that or are you asking staff to do it?

I think I'll ask staff to do it. Okay, let me get to it.

I got it. So, per the recommendation from the council subcommittee on appointments, uh, today the council will approve the appointment of Michael Taylor for a term of April 2026 to the end of March 2029 for the building safety advisory and appeals board and Diane Travis New and Jeffrey Miller for terms 420 of 2026 to April of 2029 on the Prescuit Preservation commission and Connie can tell me for a term of April 2026 to end of March 2028. Also on the Prescuit Preservation Commission,

Madame Mayor, I'd like to make a motion. Um, we have two more items. You have to do them individually because they've been pulled. Oh, okay. I move to approve item A D. Second.

Please vote. Please give me a minute to initiate it. Pass the 70. Thank you. And we're always uh happy to have the people that step up for our committees, our BCC's, and uh serve the community. We have a very talented group. Okay, I uh pulled item F concerning the hockey rink and I have uh several questions. This is for the lighting of the hockey rink. This is kind of a something unusual, but um I support this uh hockey rink. It's not really an ice one. It's out at Pioneer Park. And um I would just uh like to find out how tall are the poles going to be.

Good afternoon, Mayor Tamila Recreation Services. So the poles are at 50 ft. 50 ft. Yes. And from the specs, it looks like there's going to be four of them. Correct. And I assume one at each end and then in the four corners. Yes. Yeah. Did the uh consultant come out and view the walk the uh actual site or was this all done remotely? Uh no, actually there was probably four or five different field visits that occurred. Okay. Um as you know there's a lot of concrete around there. So we're trying to not pull up concrete to run conduits and stuff. So many times they visited. So on each pole there's going to be three sets of lights. They call them luminires.

So there's three lights total. Is that correct, Adam? Three lights total. And the LED technology, they can position them to cover um one of the the graphs um in the report show you the numbers on the graph are what the lumens are lighting up that arena. Uh and I didn't see it on the bid, but are there going to be screens to protect the lights from uh errant hockey pucks? So, the way these are designed, it's the the old lights had the big screens and that would protect it. these. Um I'd be surprised if somebody got up that high. Not impossible, but they do have their own protection and they're a lot smaller lenses.

Okay. And then uh my uh last question is um are there going to be timers on the lights so that uh the the teams that are playing they are they going to be like uh paying for a certain amount of uh time and then the lights turn off automatically? Because I didn't

Yeah. So the the light so most all of our ball well all of our ball fields now are tied into what's called control link which is done by Musco. That control link system then talks to our reservation system. So when somebody has a reservation and pays for it the lights is part of that payment and then that system tells hey turn the lights on and off at these times so they're not on all night or when nobody's there. So it's controlled all automated. Okay. Well thank you. That's good to know and it sounds like a wonderful asset to uh Pioneer Park. Yes. Thanks, Tim. Mayor, I move to approve item eight.

I'm sorry, Mayor Prom. There's public comment on this and since it's been pulled, uh, it's up to the mayor if she'd like to take it. Oh, I'd love to. Yes. Stephanie Doss.

Hello, Madame Mayor and City Council. Is it okay if we do this together? I'm Adrian. the next commentator. We have the same things to say. Sure. Okay. Okay. Um Okay. So, I represent the roller skating community in Prescuit and um roller skating in general and also roller derby. We are we use the rink often. So, when hockey is not on the rink, we use the rink. Yeah. Um my name is Stephanie Doss. Um, I am representative of a very small, uh, what I would call ultra recreational hockey team, uh, hockey league. Um, and we've been consistently using the rink for the past four years. Um, yeah. Yeah.

And we've been consistently using the rink for 20 years. So, um, what we would ask at this point collectively between hockey, skating, and roller derby is, um, the the rink is in disarray. It needs help. It needs maintenance. So, anything that um the lovely city workers bring forward is necessary. We want to keep it going. It is used a large portion um of the week, every month for the whole year, and it's really important to the roller skating and the derby community and the hockey.

Well, thank you. This has been very enlightening. I didn't know we had a roller derby uh community here, and that's good to know. Um, I started it in 2008 and it's been going strong since then. So, Oh, that's amazing. And then also our hockey ultra hawk hockey. Well, that's just me. There's a very large hockey community for adults. With the wheelhouse gone, I think that the the brink at Pioneer Park is even more used than it has been over the past few years. So, as Adrienne said, it's the repairs are necessary.

Yeah. I remember um teams having to go to Phoenix to practice. So at le practice here now. Well, we're working on our budget and we can uh direct uh staff to uh maybe look into uh what might be needed to uh get that surface repaired. We don't want any potholes. They are they've been really great. There's some great plans in the works. We just need you guys to approve the budget. Okay. Alrighty. Very good. And it's too bad you didn't wear your uh roller skates. I I didn't know about this until like two hours ago or I would have I would have gone all out shown us some moves. I really would have.

Okay. Well, thank you so much, ladies. Thank you. That's all, mayor. So, now if you'd like to make your motion. I will move to approve item 8F. Okay. Second. Okay. Please vote. pass the 70. And then last but not least, item G. Mr. Ruby, take it away.

Yes. So, I pulled this item because I looked at at the expenses for drill tech and I did some research just cuz I'm sometimes curious around like cost and there was a an an item listed for $12,300 and when I I called the manufacturer to see what it was sold at and it's sold at $7,800 from Grand Canyon Supply. So I just wanted to understand that discrepancy with sort of in in the back of my mind. I know markups happen but what is our relationship to this place and can we have any impact on these types of markups?

Hi Steve Wolfers utilities manager. U this was an emergency procurement so it we um we allow our vendor to make choices as to what needs to happen. our um in this case, this well was built and drilled by Drillte. Uh we we found out during normal uh inspections that the uh that there was a problem with it and so we wanted to pull it as soon as we possibly could so we can have it for the week for the summer. This is well number five in Chino. It's number two in Chino as the size and with airport well number five out that gives us a lot less flexibility. In this case, this is a a pump that puts water back into the casing to lubricate the pieces parts within this within the casing. The what we have here is related not only to the pump itself, but also all the customizations that go with it. So, there was some machine work that was completed as well as additional modules and and seals. And so everything that has to do with the installation of this pump and the purchase of the pump is in this line item. So talking to the vendor, there is no markup. It's just what cost them for labor and time and parts. I guess confuses me because the the labor is in the estimate and the installation which I view as separate costs, but the piece itself when I called the Grand Canyon supply, he said it it leaves here for $7,800 and we're ending up paying $12,300 for it. I didn't really get a sense of why that markup happens and do we have any impact if we're working with this an

established vendor do we have any ability to work with them in terms of how much markups are this is not under contract so we do not have that control this is an emergency procurement the reason why we use drillte is because they're literally around the corner from marino well sites They're very responsive and they've always given us great uh they're a great partner to work with. Um we don't really set prices in an emergency procurement. Generally in in my experience, we have taken what it what it costs because we need to get this well back in service or we need to get whatever is out of service as an emergency back in service. So for us, we we didn't we don't really quibble about what the prices are. We we assume that we're being charged the appropriate uh cost. And to be honest, to have a drill or I'm sorry, to have a to have a well uh replaced as well as the shafting and all the parts under $100,000 is an amazing effort. Um, if we had to call a group from Phoenix to come up here, they would have responded within weeks because they have to bring all their stuff here. Drilltech has all of their things here. And it would have been well over $100,000 probably just in mobilization fees. So, we felt that this was a a fair price for what we asked them to do and we didn't really go any further than that.

Yeah. Great. Thank you.

And I I would just like to add that this was a true emergency because our big producer airport number five is offline and this was our second big producer and if it had gone offline we would have been in dire straits. So, we were very fortunate to have Drillte out in Chino conveniently located. Got the part straight away because uh sometimes we do have to wait for parts and uh in this case there was uh no delay and um so and you know who's going to put out a request for proposal on a emergency repair. So, uh, thank you very much for the, uh, speedy repon response and taking care of the situation.

Madame Mayor, I'd like to make a motion. Go ahead. I move that we approve item 8G. Second.

Second. Councilman Ruby. Thank you. Passes 70. Okay. Uh, next is consent ordinances. 9A, adoption of retroactive ordinance number 2026-1935, an ordinance of the mayor and council of the city of Prescuit, Yavapai County, Arizona, vacating and abandoning a certain municipal ride ofway which consists of the westerly 25 ft of South Marina Street and selling convey to Veronica Grace and Daryl Ivan Brown and authorizing the mayor and city staff to take all the necessary steps to effectuate said abandonment and adoption of three ordinances updating bylaw the language in the land development code related to city of Prescat boards, commissions, and committees as follows. Number one, ordinance number 2026-1939, an ordinance of the mayor and council of the city of Prescuit, Yavapai County, Arizona, amending the city of Prescat's land development code appendices by repealing the former planning and zoning commission bylaws with the newly amended planning and zoning commission bylaws and providing a severance provision. Ordinance number 2026-1940, an ordinance of the mayor and council of the city of Prescuit, Yavapai County, Arizona, amending the city of Prescuit Land Development Code appendices by replacing the former Prescuit Preservation Commission bylaws with the newly amended Prescuit Preservation Commission bylaws and providing a severance provision and ordinance number 2026-1941, an ordinance of the mayor and council of the city of Prescuit, Yavapai County,

Arizona, amending the city of Prescuit's land development code appendices by replacing the former former board of adjustment bylaws with the newly amended board of adjustment bylaws and providing a severance provision. Thank you. Good job. Um I move to adopt consent ordinance items 9A and 9B. Madame Mayor, I'd like to pull 9B. Okay. Thank you.

And the only reason I want to pull it is just to have a layman's description in a couple of sentences for the benefit of the public here. and online as to why we're doing it. I I think we need the vote on 9A before we get to the 9B. So, can I second Kathy's 9A motion? Yes. Second. Okay, please vote. Pass the 70.

Good afternoon, Alex Braramlet, planning manager. Uh, thank you very much. So, the city code was updated for the boards and commissions and that was brought to you all in January. So, this is a cleanup item for the bylaws to be consistent with that language approved for the city code updates.

Does it involve tenure of of members of the boards and commissions? It made it consistent with the city code changes largely touching on absences um and then further clarifying that every year once the boards and commissions are onboarded that first April meeting when they're all there they vote for a chair and vice chair and that's what the the changes that were made in um the city code. So, Councilman Gambboji, it made the land development code appendices related to these three boards and commissions mirror the forming documents that the council adopted earlier this year.

Thank you. Therefore, I'd like to make a motion. I move to approve item 9B.

Second. passes 70. Thank you. Okay, moving on to the regular agenda um because um of uh time constraints and uh there might be a extended discussion about uh item um B. We're going to go A C and then save B for last. Thank you. WSA25-060 water service application submitted by Embry Riddle Aeronautical University for a 16 unit campus housing project location a portion of APN 106-3-00004 in T14NR02W section 03 Southeast 14.

Good afternoon mayor and council. I'm Brian Reese. I'm the water resources manager here for the city under community development department. Um per the amended 2022 water management um policy um a water service application was submitted for this project um to evaluate um estimated demand and for approval of the water service. Um there were no formal planning applications required um for this project per land development co code. Um on the screen in front of you shows the general location of the project uh located on the Embry Riddle um uh campus. Um this slide shows a um general site plan um and landscape plan for the proposed project which consists of um uh four residential buildings with each of them uh containing uh four um residential units giving a total of 16 residential units for this project. A demand analysis was prepared by city staff um utilizing the multipliers from the water resource management model. So uh based on the uh the plan in front of you um the estimated demand for the four buildings was determined to be 1.92 acre feet per year. Um the pro uh the project proposes um approximately a half a acre foot of landscape. Uh the landscape will include lowwater use plants um from the Prescat Active Management Area Fifth Management Plan. Um based on uh the um the proposed landscape, the outdoor water use was um estimated to be 0.7 acre feet per year and this was based on the Arizona Department of Water Resources 1.5 acre feet of water per

acre uh for low water plants. The total water for the uh anticipated for this project is 2.62 acre feet per year. So um water service application 2560 was heard by the water issue subcommittee um on February 3rd, 2026. Um the water issue subcommittee recommended approval of the application on condition of removing turf uh from the landscape plan. Uh the um the applicant agreed to that condition and removed the turf. Um and um I have to apologize. It was removed from your written agenda item but but not from the uh from the presentation in front of you. So I apologize to that. I'll I'll give you the the uh correct numbers were uh were stated earlier. So um in summary, we have a four dorm building uh 16 total units. estimated demand for the building of 1.92 acre feet. Estimated demand for the landscape is now 0.7 feet without the turf. Um there was no previous usage and the estimate the total estimated demand for the project is 2.62 acre feet at this time. So um with that um I just wanted to let you know that the residential budget which this would come out for uh at the current time has 16.5 acre feet within it. So there is water within the budget for this project. The applicant is here if you have any questions for them. Uh if you have any questions for me, I'd be happy to answer. That completes my presentation on this project.

Yeah. Uh yeah, this is uh housing for uh the Rosy uh program out at Emory Riddle University. Uh we did have a conversation about uh storm water reuse and capture on this uh project, both active and passive. Um, it can be done voluntarily. Uh, we just suggested it to the applicant because we don't really have a water policy in place, but I think we're starting a conversation where um part of our uh water conservation plan uh should include um a more formal policy for storm water capture and reuse. Any other uh comments? Let's see. Oh, there it is. Okay. Mr. Gambboji,

Brian, when you say turf, are we talking astroturf or grass? Well, the the project was uh there was a little bit of a confusion at the time of the WHIS. Um on the landscape plan, it said turf, which we took as meaning grass turf, actual uh natural grass. Um the plan was changed to say artificial turf. So at this point there's no natural grass proposed with the project. So is this saying you have to remove the artificial turf? Oh no no not at all. No the artificial turf if the if the applicant uh proposes to use it where is shown on the plan would be just fine. Uh Jay Ruby.

Yes. So, I was at the water issue subcommittee meeting, but I was speaking from the audience. And then I'm probably the only person who can't speak at the water issue subcommittee meeting now because it would break open meeting law. But before I was notified of that, I asked Embry Riddle, you're a state-of-the-art university. How can you model for our community a good storm water catchment system? And at that time I spoke with a person here and I connected them with someone who has some expertise in storm water cachment and this was the exchange. I received your voice message regarding storm water containment. We have a pond at the project site that I met with the city council on and it was identified on the plans. This is typical for most of our projects as designed by our civil engineer. We have your name on file should we need any future assistance. This is water awareness month. This is why I'm doing this because the volunteer, we're going to volunteer to do it. I don't think it came through because the response of the person that they wrote to was, "Your message reads like a brushoff. Of course, you have a competent engineer to plan drainage on the site. The pond you refer to sounds like a typical detention pond intended to manage surface flood flows to prevent damage to other areas. This is an inadequate water management strategy that meets local codes, but it does not address best water conservation practices. So the issue here, and I guess this is a question for Embry Riddle, is are you willing to actually go beyond just building a retention pond? We need to in the long term here in Prescuit get our rainwater catchment. You could call it divine importation into the ground so that it doesn't evaporate.

There's, you know, we don't have a code right now. So, this is reliant on your goodwill. And I I'm wondering if you would be able to make a commitment because, you know, we we've established a strong foundation for water conservation. Using water more efficiently and effectively to extend supplies is a long-term prescuit goal and that's the responsibility of both the city as a water provider and all water customers. You're going to be building a dorm. This could be showcased to the larger community about how to deal with rainwater catchment. In the response to this email, I didn't see an interest in that.

Mr. Mr. Ruby, I think we're getting off the um topic here. Well, is Ambry Riddles here? So, I'd like to hear their response. Well, they're welcome to speak if they'd like to talk. It's always wonderful to hear from the applicant.

Hello, council. My name is Brad and I'm the director of facilities at Embry Riddle. Um, I did read those emails that were sent. We didn't intend it as a brush off. Um I think there was some misunderstanding of required by code detention versus alternative storm water management and recharge. So we are very interested in those strategies, but this project also has the same budget and time requirements as other um you know our students show up next fall. So we're we're in a little bit of a race to do that. uh our interest would be in because we're you know individual applications for individual sites um mean less to us than a a complete watershed look at our campus. Um so we would you know we would be willing to take a look at we have significant uh runoff that goes through our big central wash and that has recently been uh delisted by the um it's no longer waters of the US. Um it falls under Arizona DEEQ now. So, we do have more ability now to uh manage that water as it comes through our campus. It used to be a hands-off, no rise situation. So, that's where we are is, you know, budget and budget and schedule are in charge, but we're certainly willing to talk with the community about doing it differently. And I speak as the person who was on the team who did the North Topeka, Kansas alternative storm water management plan um as a member of a team by H&TB engineers. So, um, yeah, we're we understand very well.

Mhm. Okay. Well, thank you very much. Do I hear a motion? Madame Mayor, I'd like to move to approve WSA25-060. Second. Please vote.

I'm choosing to abstain, which will still be a yes. passes 601. Next item is WSA26-00002 water service application submitted by Commerce Construction Co. LP. location state route 89 and Jenna Lane APN 102-05-033H.

Okay. So per the amended 2022 water management policy uh water service application was also submitted for this project um to estimate uh uh the water usage and approval of the water service. So no formal planning uh application was required for the for the project per the land development code. Um the site is located um just north of Pioneer Parkway. Um I think uh Jenna Lane is to the north of the project um as shown on the vicinity map. Next slide shows a conceptual layout of uh this particular project consists of um um plus or minus 370,000 square foot of commercial um and retail use located within the deep well uh master plan area. So a demand analysis was prepared by city staff. We utilize non-residential water water multipliers from the water resource management model. um um utilizing um existing buildings that represent buildings um that uh represent the small buildings, the medium-sized buildings, and the large buildings and the associated uses in this shopping center. Um the total estimated demand for the buildings was 20.3 acre feet per year. Um based on the site plan provided by the applicant um there's approximately 5.1 acre feet of landscape in uh associated with the project and you util utilizing the uh the low plant um Arizona department of water resources 1.5 acre feet of water per acre. Uh we get an estimate for outdoor use of 7.6 acre feet of water. uh giving a total demand for the project

or total estimated demand for the project at 27.9 acre feet. So this um so per um our current water policy guideline number 14 uh no single water service application uh can be approved uh if the estimated demand is greater than 50% of the remaining semianual budget. Um projects that request more than 50% um have a couple different choices. Uh they can file the water service application at another time when what uh water is available in the budget or they can file an appeal of the 50% rule. Uh applicants shall demonstrate the benefit to the city such as job creation, wages, uh sales tax, economic impact and other benefits um if they choose to do an appeal. All such all such uh requests will be reviewed by the water issue subcommittee and the and the council. If city council grants the appeal, the amount of water granted in the appeal would be included in the annual uh water assessment provided to city council, but we do not remove it from the budget because obviously these large um appeals would would take up the entire budget. So the applicant has requested an appeal of the 50% rule. um in your packet uh provided the benefit letter that was provided by the applicants uh for your review. Um this uh water service application was heard by the water issues subcommittee on March 3rd, 2026. Uh the water issues subcommittee recommended forwarding approval of this appeal to council. So we do have um um representatives from uh the applicant here and the owner today. um that uh that can field your questions on this project and I'd be happy to try to fill any questions you might have also.

Okay. Any um comments? We have Jay Ruby, you're still up here. Did you have another comment? No, I just put it up again. Oh, okay. Um I see Patrick waving his hand over there. We'll go with you, mayor. Just make sure that you're on the correct item. Oh, okay. Oh, okay. Thank you. Got it. So, Brian, um, what happens if we what happens to our water allocation system if we approve this particular project?

The budget will not change. Basically, this would go off on the side of the budget and it would be uh referenced at the end of the year. I do for the water issue subcommittee. I do a kind of end of the year summary of what how much water we've allocated through the budget system and through and through the appeal system and note that so that we can move forward with it, but it will not affect the budget. So, I I know this next question doesn't relate specifically to the role of the WIS or or your review, but I would just echo Councilman Ruby's earlier questions, you know, regarding um Embry Riddle. So, looks like a they're not addressing, you know, on-site water management. Obviously, I didn't hear anything about that, but this is really outside our scope of our vote, I suspect.

Well, and and also we're approving the water allocation uh the the water service request and the demands associated with the potable water use on this site. So approval of storm water um um features and it happens in the city throughout the permitting process but in other in other permitting process other than the water service application. Yeah. Let me ask you this. Um is there a drainage system in that's going to be built to uh direct the storm water into our storm water system?

Yeah. I I I'm not I'm not familiar with the details. I don't know if uh somebody from the applicant is um but uh yes, they do have a storm water retention facility or detention facility up here and it would have to meet all of the requirements of the city which would be to route that water to either the historical drainage path or to a location where that water is going to be accepted without impacting other properties. Uh, mayor, um, council, uh, Jim Hardison with Commerce Construction. Um, in that conceptual layout, the dark green area there along 89, that is a detention area, which per the current city code would be to capture the first flush. Um, and then thereafter any additional amount would go over into the wash along 89 and flow down the historical drainage path. regarding storm water the water use of storm water for other purposes. Um one historically rainfall just generally throughout the southwest is too inconsistent to use sistns or systems like that which have been used on lead projects back east. Um it's just not consistent with that. Open top ponds also create vector problems and again you have rainwater inconsistencies make those unreliable for use in irrigation. So you still end up relying on some form of city or municipal water to irrigate landscaping. Um, what would potentially be beneficial, but it would cause probably some change in both either the city codes and ordinances is to allow the use of dry wells. I'm I live in Phoenix. We use dry wells in most the municipalities to return storm

water into the groundwater aquifer. Right now, my understanding reading the code, those aren't allowed, but we would certainly if you wanted to change that, we'd certainly it would be no problem for us to put those in. So, you would be able to get groundwater recapture of that, but right now that's not allowed. So, we're doing the best we can within our understanding of the codes and and what we do need to capture and detain, but it's not it's not really a it's not a reliable source to use for other purposes other than trying to take that dark green area, which is detention, and capturing that first flush and letting it repercolate into the aquifer. A more direct path would be with dry wells, but they're not allowed. That's my understanding. Okay.

Does that help? Yes. Thanks. Thank you. Thank you. Any other Let's see who's next. Uh Mr. Ruby.

Yeah. Thank you. I appreciate that. The the possibility of a drywall. I think this and the previous application really points to an urgent need of establishing something within our code so that people who are building buildings of a certain size and this would certainly qualify and I believe the dorm at Embry Riddle would as well to address how we take our rainwater and get it to recharge the aquifer. Evaporation is real here and it goes up to 40 feet in the ground. So, East Coast detention ponds, which are for flood control, don't really help us recharge our aquifer. And I think I know I'm challenging the people with the applications. This is really a challenge to us at city council to establish this code.

Thank you. Um, Mr. Garing.

Uh, thank you, Mayor. So, several thoughts about this. And the first would be no matter what anybody in this room wants, there are going to be between 10,000 and 15,000 new homes in this area of Prescuit in the future. And those homes are going to need services. They need to have services close by. This particular development is exactly where we need it. Otherwise, they're going to be driving 89 69 Willow Creek Road and causing traffic problems on those those sites. And let me close with uh the city where I'm still consulting city engineer for water and sewer has on the books a requirement for underground storage of of storm water. Exactly. For the purpose of recharging groundwater. Thank you.

I agree, Mr. Garing. Lois,

yeah, I was going to uh totally agree with what Mr. Garing's saying. You know, we've been excited about having a shopping center up north to provide all the services needed. The 135.8 million in sales is going to generate 4 million for the city. They're going to generate about 790 retail and restaurant jobs. um property tax contribution of 581. You know, so for me, this pencils out. I I totally agree with you, Jay. This is, you know, if we want to work on storm water ahead of our renewal of our water management plan, then we need to begin to start working that and we need to schedule something. Um but in the interim, we can't be holding all of the current applicants back. And I'll be I've been on the water issues committee for two and a half years and we not once used the full retail, you know, non the commercial six-month budget. Not once in two and a half years. So the fact that this is 28 acre feet versus a normal 25, I'm like, bring it on. So I'm a yes. Let's go.

Okay. And then we have Mr. Gambboji next. I hope the representative from the courier has recognized this momentous event that Garing and I agree on something.

All the the council members here that were against 89 were claiming that there's going to be a shopping center up north to take care of the Deep Well Ranch people. So, here's the opportunity. I do have a couple questions. uh on this uh I think it's the water service appeal economic benefit report on item three it said there's a construction phase how long did they expect that construction phase to last going once I thought Tom was stand up

um some of that depends on how we get signed up um for shops and majors and things like that, but it could be anywhere from 12 to 18 months. And and on item four, it says ongoing employment. You expect 790 people to work there. What do you estimate the average wages? So, we can get some I unless I missed it. Did you have a bottom line number anywhere else on the report? We come on Jason. Uh we did not estimate that in this report. So you do you have an estimate of what the average salary is? I I don't at this time. Happy to get you on in the future.

Okay. And Okay. And then we have uh Patrick Oh, Mary Frederickson. We haven't heard from her. Let's listen to Mary.

Thank you. Uh well, I'll just repeat what others have already said, which is I'm all on board with this project, but just to clarify for my own sake in the economic benefit report that was provided in support of the project, uh an item six where they referring to property tax that would be generated from this project. uh the number provided 580,800 in annual property tax revenue that support the city and regional taxing jurisdictions. Do we have any estimate as to what amount would actually come to Prescuit of that number? because I understand the property tax is is what it is and press gets gets its teeny tiny bite and yeah, I'm wondering what that teeny tiny bite might be.

But I might add that the property tax will go to support our local schools.

Yeah. which will be but you know our um strategic plan highlighted economic development is one of our priorities and this dovetales perfectly with that and I just would like to comment food food groceries and uh restaurants we have no food up north and this is going to be our first shopping center retail project I think since Costco and Trader Joe's if I remember correctly. So it How long has this been? Yeah, been a long time. Okay,

so hang on. So I I if the applicant and and Mr. Ruiz doesn't have an answer as far as what the tiny bite that Prescuit gets from property tax, maybe our city manager just by a percentage, what does that come to the city of property tax? I'm not sure of the percentage exactly. We can find it for you. I was I was going to flippantly say like 20 bucks. Um it's not a lot, but I'll find a percentage for you. Okay. I think

I'm all on board. I was just uh wondering what our tiny bite of that amount was. Currently, I I think it's been about a million dollars or a little under a million dollars annually for the whole city. Yeah. Okay. Thank you. Yeah. Thank you. Um I just did want to make it clear I approve and support this project. I was just questioning about long-term water conservation strategy. So, don't take it personally.

Okay. Mayor, if I could, um, because it's been commented upon by the entire council, I I feel like it it'd be a good opportunity to give you a little update. We're doing the long-term water management plan right now. We've had, um, already one meeting with Brian. Yeah. No, off topic. Thank you. We're off topic. We've been off topic. That's going further off topic. So, let's focus on water service application 26-002. Okay. Okay. And then we have um Patrick

echoing several other comments. If ever there was a a costbenefit analysis that would support an appeal that this project hits it in spades. So I'm fully supportive. It meets a lot of objectives in our strategic plan that that mayor and Jim and Lois talked about. Mhm. And um I believe there's going to be plenty of residential out there to support this project. Uh also it's at the uh intersection of uh major highways and you're going to get a lot of traffic uh from the north part of the county and presc. Uh any more uh do the applicants have any presentation? Anything you'd like to say? Uh,

my name is Tom Kazel. Excuse me. My name is Tom Kalino. I'm with Majestic Realy. We uh own Commerce Construction. And um I think our summary in that in the uh in the white paper that we gave you kind of sets out the the highlights of where we think the positive points of this project are going to be for the city. Uh, Majestic's growth strategy is long, we're a long-term hold. That's our business model. So, we don't build and flip projects. We hold them long term. Our portfolio is about 90 million square feet across the country. We have a big regional office in Phoenix. So, we're already in the state of Arizona. And uh what what that long-term whole strategy does for the community, we become a fabric of that community. So we participate in the community. Um we help the community in various projects, charitable projects, so on and so forth. So in addition to what was in the white sheet, I just wanted to make those comments. Thank you.

Okay, Lois. Mayor, you do have public comment, too. Just one. Okay. She looks like I was going to say I thought you looked like you were ready to make the motion. Yeah. Okay. Good call. Okay. Walt Kosar

month. Um I was glad to hear the discussion about the storm water capture, rainwater harvesting. I think that's something that should be integrated into this project particularly for the landscaping. You know, there's a lot of um you've probably seen a lot of examples of way you can design a landscaping to capture water off of the parking areas, but the one question I have when I was seeing the need for irrigation, why aren't you using treated effluent for your irrigation here? You've got your treated effluent line right there coming off of the airport treatment plant and that goes up to the golf courses. If you tapped into that, that would be perfect. And I mean it's this is a totally new development. So it's not like I am glad to hear from the developers that they're in it for the long-term commitment because one of the things you always worry about with these developments is you know if they build it will businesses come in and more importantly will they stay for the long term and hopefully that that will work out. So thank you very much.

Thank you. Do I hear a motion? Madame Mayor, I move to approve WSA26-00002. Second. Second. Please vote.

Passes 70.

All right. We'll go back to item B which is WSA25-037 water service application submitted by James Graette location 136138 and 140 Montuma Street APN 109-2-14A.

Okay. Per the amended 2022 water policy uh water service application agreement or agreement application was submitted uh for this project for estimated water use and for water service. Uh no formal uh application was uh was required uh no formal planning application was required for this project per the land development code. Uh project is located in downtown at 136 South Montazuma Street. Um this project uh uh demand analysis was completed using by city staff using non-residential multipliers from the water resource management model. The project consists of a fourstory hotel building with a total of 47 rooms. Uh there's a proposed lobby bar, a fourth floor terrace bar and ballroom meeting rooms uh within the first floor. So uh based on similar hotels with similar amenities uh the demand from the water resource management uh estimated um a demand of 5.6 acre feet for uh per year for this development. Uh the project has no proposed landscape um component and historical usage uh was estimated at 0.1 acre feet per year. uh which gives us a total demand estimate for this uh application at 5.5 acre feet per year. So this project uh uh water service application 2537 was heard by the water issue subcommittee on March 3rd 2020 uh 2026. uh water issue subcommittee recommended forwarding approval of the uh to council by a vote of one to one to one. Um at this point this would come out of

the non-residential. Can you please explain the detail? I one to one to one I remember one voted for one voted one abstained I abstained and uh one person uh voted against it I believe. Yes, that's my recollection. Yeah. Okay. Um so at this point in time in the non-residential budget, we have 24.3 acre feet of water. So there is water for this project in the budget. Um representatives of the applicant are here uh today. So if you have any questions for them regarding the project or I could I'd be happy to answer any questions you have for me.

Well, let me start off with legal. Um, as it's well known, this is a very controversial uh project in the uh community. There's a lot of concerns uh from the as we just heard from Mr. Loots about the the businesses along Whiskey Row disruptions. Uh also the adjoining tenants whose buildings physically are part of this project that's going to be demoed are very concerned. And now we have a lawsuit um that questions whether it can be four stories. So we really don't need we don't really know if it's going to be three or four stories until the lawsuit settled. So I would like to um see some hear some input from our legal department if we whether or not we might want to po postpone this project until the lawsuit's settled.

Point of order. Madame Mayor, we're here to talk about water. I know, but if we approve the water, that's pretty much a green light for it to proceed and there is a lawsuit involved. So, we'll continue. Thank you, Mr. Gambboji.

There is a lawsuit involved. This would have to go through a permitting process, which will take us quite a bit of time to get through the permitting and review. I I I don't think that the lawsuit prohibits a vote at this point because to the extent that there's going to be an injunction, um we will find that out within the next couple of months and that would be well within the permitting time frame. So, I I think there's no need to uh postpone it unless council wants to for more information uh which you can then do, but I don't think the the law requires us to at this point given that if we have an injunction, it will prevent the going forward in the project regardless of the vote today. One of my concerns is um if we do give it water and um you know it starts the process. We haven't addressed structural engineering. Should that be distress addressed when uh attached as a stipulation with a demo de demolition permit?

I think you can attach that as a stipulation because our our city laws do require it. I think there's few things you can do but um we do need structural engineering as part of a permit. Um and so you know addressing that now and adding that condition so we could we could attach it as a condition to the water service agreement.

Yes. Correct. Because um talking to the concerned uh property owners immediately adjacent uh we do need to hire a structural engineer first of all to do a feasibility study to see if it can actually be demoed without harming other attached properties and also a structural engineer on site during the project to make sure things are done uh properly uh according to the specification. ations. So, uh, is the applicant here? Afternoon, mayor and council. My name is Alex Hayes, uh, from the law firm Whitney Morris Ba, 2121 East Highland Avenue. for the record. Um, unfortunately the architect had his hip replaced. So, I was the nearest able-bodied person that the the applicant could find, but here I am. And I'll try to do my best to answer your technical questions, but um happy to also address some of the other kind of bigger picture items. But I I do think it's important to just reiterate that you the question before you today is the water services agreement. It's not a question of the use. It's not a question of the structural engineering of the building. Those are separate questions, many of which have been settled, particularly the use and design of the building. But the other items related to permitting can be addressed at a later date. Um, and and we're happy to address the concerns and the the questions of council and the uh other uh users in on Long Whiskey Row. Well, we need to do our due diligence. And unfortunately, we have a state law now that went in effect uh January 1st, Prop 2447. Are you familiar with that? I mean, it's HB2447

that takes away any uh public input by elected officials, planning and zoning, city council. Uh there's no transparency. Everything is uh done in uh community development. And so unfortunately uh we're having to kind of uh rethink the way we do things and if uh we need to do some due diligence and attach this stipulation requiring a structural engineer which would be something that would be routine uh in any construction project. Do you think that would be a big problem

to the extent, mayor, that it's routine as part of the building process and and I think that this project will inevitably be required to comply with building codes and go through the, you know, applicable review process um for the building permit process. I think we'd be um absolutely comfortable with that.

Okay. Thank you. Um does anyone have any comments or questions, Mr. Garing? Uh, thank you, Mayor. Question for Mr. Young. Uh, Mr. Young, with regard to this lawsuit you mentioned, is there any prospect for the result of that lawsuit to be that the court orders the project to be different than what is before us today?

That's a possibility. Yes. So the court wouldn't order a different project, but the court could make an interpretation that four stories is not lawful. Uh in which case the project would have to go through a redesign and uh would that have an effect would our approval today if if it is forthcoming would it have an effect on that outcome? I no I don't think approval or denial for that matter would have any income one way or the other on the the court case. Okay. Thank you.

Um I'm we're just trying to get our heads wrapped around this because this is a very unique project. We've never had anything uh demoed on a whiskey roll willingly other than when the bird cage burned down and uh that was never rebuilt. it was turned into a uh a venue, an open air venue. So, we're we're doing our due diligence because uh if there's any um damage to any of the buildings, uh we will be named in the lawsuit because we're the ones that issued the permits. So I hope you understand that uh our stipulation to have a structural engineer involved in the project doing a fe feasibility study to just to make sure the demolition is safe and able to uh be done and uh also to be on site uh to uh manage the demolition and reconstruction of this uh project. Any other comments?

Can right there.

Let's see. I got uh Ted in the 2023 resident survey, we produce a quadrant analysis and in the southeast quadrant was where the residents told us it's really important and we're doing a lousy job. There are two entries in there, healthc care in the economy. This is a benefit to the city's economy. And this council seems to find every reason known to mankind why not to do it. Today, we're here to evaluate water. I heard the term, well, it's it's uh having a structural engineer is is usually what we do. I don't know that we usually do that. Can we have somebody from city staff to comment on that?

Good afternoon, Mayor Mayor Prom Council. Chelsea Walton, community development director. Uh yes, per the international building code uh 2024 which was just adopted last November, uh certain structural engineering um calculations and specifications are required for these structures. So we don't need to make that as a stipulation. I believe Mr. Young answered that question. Council can if they'd like to make that as a stipulation. Uh let's see. Mr. Ruby, you're next. If you had a followup, Lois, do it and I'll do mine after.

Lois, so my question regarding the structural engineer. You know, one of the things that I think we're most worried about is mitigation to the um structures on either side. Sure. Um you know, we may dig down back into the 1900s and find out there's, you know, some cars or, you know, God knows what we're going to find under those other two buildings. So the question is is when we do this is part of that structural mitigation does that also apply to help the two bill business owners on either other other side or is that whose responsibility is that when we find problems in the middle of this timeline?

Sure. So I I'm hearing a couple questions in there. Um to address the first one, excavation next to existing buildings is covered within the international building code. So there are certain things such as um sight specific plans, details, um sequencing protection for pedestrians, safety site plan, etc. Those are covered by the the international building code and are required to be submitted for prior to uh permit issuance for review by our building safety team. relative to um who's ultimately responsible. It would be the property owner and any um liability would flow from design uh registrants as well as construction personnel etc. Uh but that is all between property owner property owner um as far as what has happened and um uh between the two entities. We just make sure via our plan review and inspections that it meets the code and is being built to the approved plans on site. So if uh one of the business owners um doesn't know they have a problem, the the hole opens up and suddenly there's lots of problems and they weren't planning on financially dealing with all of that. And by the time they have to go about figuring out how to get the money to or the loans or whatever to end up fixing their basement and their structure safety um and that has any impact on the applicant's timeline

sure will um how do we process through all of this? What does our codes or our policies say?

Sure. So a lot of times in a construction uh project things come up that are not known um and that is handled via the construction personnel whenever they find an issue uh typically a registered professional whoever is um the registrant for that particular item say it's a soils item uh the engineer of record will come out and provide either specifications and details to mitigate whatever the finding is um or to provide next steps. So depending on the nature of the issue that's found at uh during the excavation or during the construction uh depends on um what we do next. So whether that's a okay we need to pause and submit revisions for review because of the finding or we provide an inspection and we're provided a um sealed registrant letter that said here is what we found here is how we're mitigating it and I as the engineer of record are se am sealing off on this design. So it it really depends on the nature of what's found on site, but relative to um adjacent property damages or or anything like that, it is the responsibility of the construction personnel to um sufficiently mitigate for that and protect as best can and should something happen, provide a mechanism to um to either fix or work with the property owner. In cases where the property there's a zero lot line uh as far as downtown is concerned typically we see the uh construction personnel working very closely with either um uh property owner whoever is adjacent uh with communications as far as um public outreach for the folks that are adjacent. Um and there's a lot of tight communications typically is is what we see and um

that is handled between the property owner and um their any registrant or communicator that's on site with the adjacent um owners.

Okay. Okay. Let's see. Ted Mor prom if I may just comment on that too. You know, these these issues might be unique to Prescuit. It's not something you see here very often, but they're not unique kind of in the development world, and there are uh engineers that are very experienced with these types of projects. Um, and by approving a water services agreement, it it would not create liability for the city. Um, and if you can maybe confirm that with the public service champion you have over here. Are you going to put that in writing that we're off the hook? If anything happens, I want to see that in writing.

Okay, moving on. No, that's accurate. As you know, we will be brought into any suit that happens within the city. Yeah. Um, but that doesn't mean there's a viable cause of action. These the liable party in these actions is the owner of the property. That that brings up another question. Uh can we require proof of insurance since this is such a these are such fragile buildings and uh if something happens how do we know

unlike the structural engineering process which we we have within our code we don't have a provision for um demonstrating insurance we may be able to ask the applicant and and get voluntary compliance to that event. Yeah, cuz the architect should be insured, the property owner, the contractor. So, that's that's probably another loophole that we need to close up. At least ask them to voluntarily show that they that they've got insurance before they proceed. And we can ask for voluntary compliance on that. I I have a hard time believing they don't have insurance, but Yeah.

Yeah. I was going to say it's it's very much uh in our interest to have insurance for this project. So I I I don't think that'll be a problem. Yeah. But like we need to see it in writing as you understand. Sure. And um before we uh make a motion, I just would like to tell the property owner that Madame Mayor, we have a few requests to speak. Oh, we do. Okay. All righty. Thank you.

Okay. Yeah. And first of all, I think we might be far from water service application, but there was a question about a demolition agreement. And since it's up, I wanted to go, would that demolition agreement be able to include any impact on the other businesses on Whiskey Row? I don't know. I don't even need an answer now, but I'd like to know that if there was a demolition agreement, because there was concerns around the economic impact of construction on Whiskey Row, and that would seem to potentially be part of a demolition agreement. That's probably a city attorney question

and I think I think we are getting off topic, but what I'll say is there's not a demol demolition agreement. There is demolition requirements and permitting. And as there's no demolition agreement, there is no obligation to the city to provide um for neighbors neighboring properties, but that just happens as a function of law. Thank you. Are we ready for public comment or I still have a button. We don't have any public comment, mayor, that I've received as of yet, but there are um looks like Councilman Ruby just removed his and Councilman Gambboji is on the Okay, last but not least.

Okay, this council is trying to undo the vote of the past council that approved this. We're here to talk about water, but we've talked about everything else except water. This is going to be a freestanding hotel. The current structure that's there now is merely a roof with a beam. And that beam is supported by the two adjacent buildings. So when that beam comes down, those two adjacent buildings become stronger, not weaker. You're going down rabbit holes just because you don't want to approve the hotel. We're here to approve the water service application and nothing else. I'd like to make a motion.

Madame Mayor, I move to approve. Excuse me. I'm making a motion 37. Mr. I am chair is not supposed to be making motions. They are allowed. I am allowed to make a motion. You're out of order. I move to approve water service application 25-037 second with excuse me wait with the stipulation that a structural engineer does a feasibility study prior to demolition and to be on site during construction. Do I hear a second?

Second again. Please vote. Passes. 601. Adoption of resolution number 2026-1980 declaring city-owned property adjacent to the Prescuit Regional Airport Ernest Day Lovefield be included as airport lands.

Good afternoon, Mayor, Mayor Portim, City Council. Uh Rick Crider, I it's my privilege to serve as your airport director and last in your agenda today. So, we have a little graphic up on the screen. Uh, I think this will be fairly brief. Um, the this is kind of a recap of a series of actions council has taken over the last few years. Uh, prior to my arrival, uh, council directed uh, city manager and staff to go and purchase uh, the 75.38 acres uh, kind of the flag shape you see up on the screen. um that's along Highway 89. Uh for the interest of protecting the crosswind runway, runway 1230. So um I think that's been widely discussed in the past. Uh the process that we went through, we identified eligibility for funding. Uh you may recall we received 3.1 million from the state of Arizona through the ADOT aviation program. uh wager a $3 million grant from the uh federal government, the FA through a congressionally directed spending and Senator Kelly's office. And most recently, uh $78,948 is matched to that grant. So, uh this is uh a bit of a um wrapping up if you will, putting a bow on this. The council has taken those three grants uh approved their acceptance. We've received the funds. We've closed out all but the last of the of the the grants. Um the last step is to amend our airport uh layout plan, our ALP ALP and that land map that shows what our airport lands. So this is much about um reporting, you know, the report card, you know, where we're at on the process. Uh the next slide, if you'll help me, Sarah, or maybe it shows kind of the scorecard of what uh was was paid.

You have the click. Excuse me. I got the clicker. Excuse me. Lois has a question. Yes, ma'am. Hey Rick, I just wanted to add to your good news of all the grants that we got. We also just approved the settlement agreement for another 750,000. So compared to this sheet that says, you know, our city uh remaining share or costs, you know, we just lowered it again by 750. So good.

Way ahead of me. I just I was going to point that out and you're exactly right. Uh if you take those three grants and you subtract from the um you know the the purchase price and again there was a difference in purchase price and appraised value. Uh that had to do with soft cost that the developer had incurred in in planning for entitled property. Um but uh the the worst case scenario is 76.5% recovered. And to your point, Mayor Pro Tim, if you also account for that $750,000 that was um somewhat attributed and connected to this land purchase, you know, not telling council that, you know, it's kind of a dotted line maybe than more than a solid line, but if you account for that, uh you're at 85.7% recovered. So, um yes, thank you for for uh moving to

I actually see it as not the line at all. It's solid line. If we didn't have that issue, we wouldn't have been spending $8 million on land purchase. So, I'm uh very happy where we've got it down to 1.15. Yes, ma'am. Thank you.

So, uh again, kind of the, you know, the process we we move through the acquisition, the grant applications reimbursement. Um this is really to designate the land and to formally move it. You know, this it's already uh titled city of Prescott land. So, it's really a matter of obligating this parcel uh for the grant assurances, the federal grant assurances, which is of course the expectation of both the state and the and the FA. Um, and then transferred into the control of the of the airport manage it. I would point out too that I think there was a perhaps a misconception early on that the land must remain vacant. Uh, that's not true. We'll put that into the business mix of the airport and look at ways that we can uh have symbiotic development, compatible land development. Um and and you and further, you know, exploit the you opportunities that that land represents

more economic development possibly. Um Rick, I have a question about your inventory map. If we could put that up. So I go back. Sarah's giving me control. So the um I was talking about this map. Yes, ma'am. Okay. I don't think that's We've got it on the screen. We just have those those two slides. That's the airport development plan. Um okay. I'm sorry. with ALP, the airport lay. Yeah. Well, anyway, I was uh yeah, looking at the ALP. Um the the reason why we purchased this land was to pro protect the approach, the northern approach of the crosswind runway. Yes, ma'am.

And we just mentioned we settled a lawsuit because the uh table was correct, but the map was wrong. And um I don't want to take any chances here um cuz I don't know if this this map is correct there on the north end. I was just looking at it um if it doesn't really show I don't know what it should be showing. I just Yeah. On this on this one.

Yes ma'am. So I think the germaine part of that is that we showed uh that you know kind of flagshaped uh parcel as future acquisition. Uh that's the point of the ALP. So we'll as we move it into airport lands, we'll change our ALP update. Uh we'll do an update to the ALP and we'll show those as airport lands. So they're thereby obligated. It'll be part of the exhibit A that you know has those partials. I was going to say mentioning uh exhibit A, should we have more than the APN? Should we have a legal description of the property and also a survey included? just uh because I know we're dealing with the FAA here and part of our packet had about 20 pounds of a contract with the FAA.

Well, that was that was actually the compliance compliances. Yes, ma'am. So, I'm wondering would it be uh overkill or do you think it wouldn't hurt if we included the survey? Absolutely. And so I think what we included in the package was the AL ALD airport layout drawing that showed uh that parcel as a future purchase. So now we're talking about moving it into airport lands. Another page though to that ALP set um is the is the land or exhibit A as you just mentioned and it has partial by parcels with legal description. So that is precisely what's obligated and precisely what makes up the airport lands. So that will absolutely be done.

Yeah. Just wanted to um make sure any other comments. Uh mayor, yes, Jim. Uh move approval of adoption of resolution 2026 1980. Second. Please vote. Passes 70. Okay. Uh if there's no more uh comments, uh this meeting is adjourned.