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Live Update of the Prescott Council: April 10, 2017

10 April 2018  

Live Update of the Prescott Council. Starts at 1 PM for the Study Session; 3 PM for the Voting meeting.



Agenda Packet



Billie Orr is absent.


A. Implementation and Review of the TMDL Action Plan. documentCouncil Memo Printout

The action plan pertains to the Total Maximum Daily Level (TMDL) of E. coli and nutrients.

Watson Lake Reservoir, 12 months of data collections. 

The next step is to develop the model for reduction of targetable pollutants. 

The Goal for Task 6 is to develop a hydrodynamic model.

Task 7: Develop a plan that quantifies expected improvements from alternative management measures. They will perform E. coli genetic marker testing.

The cost for the remaining tasks: $344,096.

Blair asks about whether or not they should dredge the lakes? The answer is that there are many things to consider before going to the step of dredging, including a cost/benefit analysis.

Sischka asks if they are storing the maximum amount of water they are allowed to store. The answer is vague. 

B. Discussion of Change for the Better - City of Prescott Initiative to Help the Homeless. Council Memo Printout

Mayor Mengarelli said they started looking at "pan-handling" aka "flying sign" and homelessness. Trying to come at this with compassion, trying to find a way to help people. There are legitimate and good ways to help the homeless. 

Posters that will be in the businesses, and downtown. 



Taking old refurbished parking meters to collect funds for local service providers. 

Place armrests on benches, and also a trash recepticle.

CCJ has created a work program to provide panhandlers with paid work projects. This has been funded by a $10K United Way grant, and the city will contribute $9,950.

An Ambassador program to seek downtown security, and also to provide hospitality to the community.  

Funds will be collected quarterly, and distributed bi-annually. 

Councilwoman Scholl asked if there is a way to measure success. One way is to see if people are working, and if those walking to their cars  are feeling more comfortable. 

City Manager Michael Lamar hopes to see a meaningful reduction in the amount of panhandling. 

A large number of the folks have serious mental illness, or substance abuse issues. 

Councilman Sischka asks if the local non-profits have the money they need. 

"We don't pretend to have all the answers, and it will evolve," Mayor Mengarelli said.

"I think this is a good thing to try," Councilman Lamerson said.

Councilman Blair asks why the influx now. 

80% of the population in shelter 45-65 year old white males predominantly from Prescott. Plus many that are on the edge of mental health issues. CCJ is full every night, primarily the same people consistently. 

Probably between 150-200 homeless, but perhaps as many as 300.

a. MOU between CCJ and WPA

b. Ambassadors RFP

4. ADJOURNMENT at 2:20. Back @ 3 PM.


Agenda Packet



3. INVOCATION Rabbi Jessica Rosenthal with Temple B'Rith Shalom

4. PLEDGE OF ALLEGIANCE Mayor Mengarelli


A. Roll Call: Billie Orr is absent.


A. National Service Recognition Day-April 3, 2018 Read by Councilman Steve Blair.

B. National Bike Month-April 14-May 18, 2018. Read by Mayor Mengarelli

National Bike Month was established in 1956.

May 18 is Ride to Work with the Mayor Day. 

They thank the efforts and cooperation of the City.


A. 2017 Annual Rodeo Update

Looking for future projects, and want to get a skybox on the East end. 

Thanks the City. 

Editor's note: I am actually covering the council from a remote location, as unfortunately, I am home on a sick day. I've been having some problems with the live stream of the Council meeting, so if it seems disjointed, please accept my apologies.

This is the 131st rodeo. They've added more money as prizes per event, and overall, according JC Trujillo. June 28th - July 4th. Randy Corley is the Grand Marshall of the Parade, which will be on June 30th.

B. Introduction of the Arizona Philharmonic

Toni Tenille made the presentation. She is classically trained on piano. "I have really had the privilege in my career to work with the finest of musicians..." She moved here in 2008 with her then-husband. 

They want to start the (Prescott) Arizona Philharmonic Orchestra. They are looking for professionally-trained musicians to train. "This will be, in my opinion, the crown jewel of this little city," Toni said. "This is a town full of everything that I love. And also people that I love. The most wonderful people are in this town."

Arizona Philharmonic Orchestra

C. Fire Operation 101 Invitation and Overview

A joint effort, entirely through volunteerism.

D. Mayor's Commission on Ecological, Cultural, Historical/Heritage and Outdoor (ECHO)

Mayor Mengarelli explained that we have rich resources here in Prescott, and we want to better leverage that... 

Councilwoman Scholl wanted to incorporate more topics than Open Space. Wants to appeal to a broad range of people. Members are being sworn in.


A. Award of City Contract No. 2018-198 for the annual Technical Support and Maintenance Contract with Wonderware West, for the SCADA Software System for 2017-2018, in the amount of $11,571.90. Funding is available in the Water and Wastewater Funds. documentCouncil Memo Printout a. City of Prescott Citect Quote

B. Approval of City Contract No. 2018-211 with NextRequest, for three-year public records request software in an amount not to exceed $28,847.00 over the length of the contract. Funding is available in the City Clerk's budget. documentCouncil Memo Printout a. March 5, 2018 - NextRequest Order Form

Motion passes 6-0


A. Adoption of Ordinance No. 2018-1614, accepting a Public Utility and Drainage Easement from Granite Property Investments, LLC, for the Zone 12 Water Main Improvement Project with no cost to the City. documentCouncil Memo Printout a. Ordinance No. 2018-1614 b. Public Utility and Drainage Easement Agreement c. Vicinity Map

Motion passes 6-0



1. Approval of a Series 15 Special Event Liquor License Application for the Prescott Chamber Foundation; Event: Party in the Pines; Event Location: 146 S. Granite Street; Applicant: Sheri Heiney; City Application No. 18-007; Date/Time of Event Liquor Sales: Saturday, June 2, 2018, 4:00 p.m. to 10:00 p.m. documentCouncil Memo Printout a. Event Information b. Location Map c. ARS 4-203.02 Special Event License

2. Approval of a Series 15 Special Event Liquor License Application for the Prescott Sister Cities; Event: Mile High in the Sky Balloon Festival; Event Location: 300 S. Granite Street; Applicant: Steven Gottlieb; City Application No. 18-008; Date/Time of Event Liquor Sales: Saturday, June 16, 2018, 6:00 p.m. to 11:00 p.m. documentCouncil Memo Printout a. Event Information Prescott Sister Cities b. Location Map

3. Approval of a Series 15 Special Event Liquor License Application for Boys to Men Mentoring Network North Central AZ; Event: Play it Forward; Event Location: 150 S. Montezuma Street; Applicant: Charles Matheus; City Application No. 18-009; Date/Time of Event Liquor Sales: Saturday, June 16, 2018, 6:00 p.m. to 11:00 p.m. documentCouncil Memo Printout a. Event Information Boys to Men b. Location Map

4. Approval of a Series 15 Special Event Liquor License Application for United Way of Yavapai County; Event: Annual Campaign Kick-Off Event; Event Location: 150 S. Montezuma Street; Applicant: Annette Olson; City Application No. 18-010; Date/Time of Event Liquor Sales: Wednesday, September 13, 2018, 5:00 p.m. to 7:00 p.m. documentCouncil Memo Printout a. Event Information United Way b. Location Map

5. Approval of a Series 16W Fair/Festival Special Event Liquor License Applications for the Mountain Artist Guild and Craft Show and Wine Festival (seven applicants), Location: 100 Block of West Goodwin Street; Date/Time of Event Liquor Sales: Saturday May 12, 2018 from 10:00 a.m. - 5:00 p.m. and Sunday May 13, 2018 from 10:00 a.m. - 5:00 p.m. documentCouncil Memo Printout a. Event Information-Mountain Artist Guild b. Location Map

Motion passes 6-0


A. Award of City Contract No. 2018-200 to Fann Contracting, Inc. for the Samaritan Way Road Reconstruction Project, in the amount of $263,402.43. Funding is available in the Streets Fund. documentCouncil Memo Printout a. Vicinity Map b. Samaritan Way Pavement, JOC Proposal

Hope to have the project completed by mid-May. 


 Motion passes 6-0

B. Approval of Amendment No. 3 to City Contract No. 2015-186A3 with CivilTec Engineering, Inc., for design and other engineering services for the North Washington Avenue/Churchill Street Reconstruction Project in the amount of $37,861.00. Funding is available in the Streets Fund. documentCouncil Memo Printout a. N. Washington Avenue Vicinity Map b. Contract Amendment No. 3

The CivilTec Engineering is saving $250K over the original estimate.

Motion passes 6-0

C. Adoption of Resolution No. 2018-1636 approving filing of severance and transfer application with the Arizona Department of Water Resources by Arizona Eco Development, LLC to transfer 375 acre feet of Granite Creek surface water rights from Granite Dells Ranch to the City of Prescott water service area. documentCouncil Memo Printout a. Resolution No. 2018-1636

Nothing in this agreement guarantees that 375 AF provides potable water. 

Public Comments: Leslie Hoy - if the Severence Transfer takes place, will the water be recharged and then pumped from the City's wells? If so, where will it be pumped from - the Airport or Chino?

Answer: This starts the process to figure out the number. 

Councilman Phil Goode asks if this is "rescindable"? Once the process is completed, it likely cannot be undone. 

Gisi explains that the water right pre-dates rights on the Verde River. They will move forward with their application for the annexation, hope to have that done within a couple of weeks. 

"At the end of the day, it's a packaged deal," Gisi. "Assuming successful annexation, we would be locked in to the sever and transfer of the water."

There is zero obligation on both fronts. "[The process] will be very lengthy, likely, lots of details and lots of public meetings."

Lamerson thanks Gisi for being willing to work with the City. "We think this piece of property belongs in the City of Prescott," Gisi said. 

Motion passes 6-0

D. Award of City Contract No. 2018-193 to VSS International, Inc. for the FY18 Pavement Preservation Project in the amount of $2,590,000.00. Funding is available in the Streets and Airport Fund. documentCouncil Memo Printout a. FY 2018 Pavement Preservation Program Location Map

The purpose is to "cost-effectively keep good streets good," Steve Oros explained. 

E. Approval to purchase two (2) ea. Fire Engine trucks from Rosenbauer South Dakota LLC, Using NJPA Contract No. 011714-RSD pricing in the total amount of $1,055,153.40 (City Contract No. 2018-212). Funding for the FY18 payment will come from the Vehicle Replacement Reserve. The FY19 payment will come from the General Fund. documentCouncil Memo Printout a. Rosenbauer Quote Dated 3/23/18

Motion passes 6-0

F. Approval of the Airport Advisory Board recommendation to the Department of Transportation for a replacement Essential Air Service EAS interim air service provider at Prescott Municipal Airport PRC. documentCouncil Memo Printout a. EAS Interim Proposal Matrix

Motion passes 6-0

G. Legislative Update

  • April 17th marks the 100th day of the legislative session, which is when the session is supposed to end, but it is not clear whether or not they’ll adjourn that day given the budget hasn’t been completed and passed. 
  • Small groups are still meeting on budget items. 
  • Referendum on Nov 2018 ballot: Elected Officials Retirement Plan (EORP) and the Corrections Officers Retirement Plan (CORP) will get reforms similar to Prop 124 for PSRS, which replaced permanent benefit increases with a cost-of-living adjustment. It needs a vote of the public because it is amending the State Constitution. This is supported by the PSPRS Board of Trustees.
  • HB2097 (Rep. Livingston) Pension funding policies. Signed by Governor 4/3. 
  • How the governing body will “maintain stability” of its contributions
  • How and when funding requirements will be met
  • A “funded ratio target” and the timeline for reaching that target (Note: State law already requires employers to post their pension funding ratios to the websites)
  • A formal acceptance of the employer’s share of the assets and liabilities based on actuarial valuation reports of PSPRS-managed plans


Top Bills of Interest

  • HB2502 (Rep. Boyer) PTSD; Worker’s comp; presumptions. S/E Amendment passed Senate Appropriations. Passed Rules on 4/9. Will need to go back to House once passed the Senate.   
    • Employer pays up to 12 licensed counseling visits and an additional 24 if a licensed professional deems it necessary in a 1 year period. An employer’s payment for these visits does not constitute a presumption of PTSD
    • Allows employee to select mental health professional, but does not disallow the city to require an IME 
    • City pays up to 30 days of salary and benefits after deemed unfit for duty by a licensed mental health professional if the employee cannot do light duty, has no PTO, is not eligible for short term disability, and if the employer has no supplemental program that provides pay and benefits after an injury occurs. 
  • SB1465 (Sen. Brophy McGee) Sober Living Homes; Certification. Has passed both chambers. Not is awaiting the Governor’s signature. We are in contact with ADHS to make sure house manager regulations will be in place. 
  • SB1451 (Sen. Barto) Patient Referral inducements; prohibited compensation. Passed Senate 30-0. Passed House 59-0. Waiting for Governor’s signature. 
  • HB2604 (Speaker Mesnard) Consolidated election dates; voter turnout. Passed House 34-22 with amendment that would hold cities harmless from expenditure limitation penalties. Waiting to be heard on Senate floor. 
  • HCM2005 (Rep. Campbell) flight hour requirements waiver. Sent to Secretary of State for distribution to the Speaker of U.S. House of Reps, all U.S. Congress members, and the President. 

Other Bills: 

  • HB2371 (Rep. Payne) Mobile Food Vendors. Passed Senate and will go back to House for a procedural action because of Senate amendments. It will then go to the Governor.  Sponsor has included amendments from League that will allow cities to regulate food trucks on public property, require a permit, keep from blocking traffic, time limit for operating on public property (96 consecutive hours) and must name city as additional insured on policy if operating at a city event or on city property 
  • HB2333 (now SB1387) (Rep. Weninger) Home-Based Businesses. S/E amendment passed Appropriations and Rules, but was retained on COW calendar. Sponsors of the bill have not taken the League’s amendment requests so the League is still opposed. 
  • HB2579 (now SB1140) (Rep. Norgaard) Video service. S/E amendment in House because it failed to be heard in Senate. It prohibits local oversight of video service providers and inhibits local governments’ ability to manage their right-of-way. Would allow cable companies to nullify existing license agreements with cities. League has amendments that haven’t been accepted yet but will go neutral if they are. 
  • SB1382 (Sen. Kavanaugh) TPT; Vacation Rentals. Waiting for Governor’s Signature
  • HB2479 & SB1392 (Rep. Ugenti-Rita) TPT; Digital Goods and Services. Passed House 39-19. Financial impacts to cities and state have been shared ($33M to cities with $400k to Prescott, $120M to state). Has not progressed but could come as a S/E amendment. Senate has major concerns with fiscal impact. 
  • SB1499 (Sen. Smith) CFD; directors. Signed by Governor on 3/29

Dead Bills: 

  • HB2387 (Rep. Rivero) Municipal TPT; speculative builders
  • HB2116 (Rep. Kern) Limitations of actions; dedicated property.  
  • HB2005 (Rep. Leach) Municipal Economic Development; Sale; Lease. 
  • SB1262 (Sen. Petersen) Retirement, assumed rate of return. 
  • HB2500 (Rep. Grantham) Real Estate Signs. 
  • HB2514 (Rep. Cook) HURF distribution. 


Lynne LaMaster

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