Today: Jul 08 , 2020

Live Update of the Prescott City Council, September 22, 2015

22 September 2015  

A settlement with ADEQ is in today's agenda.





ROLL CALL: Councilman Kuknyo is not here today. Absence excused.




A.  Proclaiming October 4 - 10, 2015, as Fire Prevention Week



A. Approval of minutes for the City Council meeting held on September 8, 2015


Council Memo

September 8, 2015, Regular Voting Meeting Minutes


B. Approval of Advertising Services Agreement for Fiscal Year 2016 with Madden Media in the amount of $21,111.00 through the Arizona Office of Tourism Cooperative Marketing Program (City Contract No. 2016-055)

 agenda memo

Advertising Services Agreement with Madden Media

AOT Marketing FY 16 Co-op Prescott

 C. Approval of purchase of confined space rescue equipment in the amount of $22,616.17 from Municipal Emergency Services, Inc. (Grants Fund; City Contract No. 2016-069)

Council Agenda Report

MES Sole Source

MES Confined Space Equipment Quote 

D. Approval of payment in the amount of $16,450.00 to Vertical Communications for Mitel telephone system support and maintenance, using National Joint Powers Alliance Contract No. 042109-MBS (Various Funds)

agenda memo

Vertical Communications Maintenance Contract

E. Approval of annual ESRI Geographic Information System (GIS) software support and maintenance, using State of Arizona Contract No. ADSPO10-00000131, in an amount not to exceed $17,000.00 (Various Funds)

agenda memo


F. Approval of payment to OCLC, Inc., in the amount of $19,500.00 for the Fiscal Year 2016 annual shared library bibliographic records subscription   

Agenda Memo Updated

OCLC Invoice #ZPT82715/CU/SLM

Sole Source Form - OCLC


Councilman Lazzell asks to remove Item F. 

Items A-E pass unanimously, 6-0.

Lazzell asks if "F" is a necessity to pay this item promptly. This item is fundamental to the operation of the library. He moves to approve it, and it passes unanimously. 



 A. Application for a Series 15 Special Event Liquor License

Yavapai Big Brothers Big Sisters

Holiday Courtyard of the Grand Highland Hotel, 150 South Montezuma Street

Applicant:  Kharma Diane Lindsey

City Application No. 16-0008S

Date/Time of Event and Event Liquor License:  Saturday, September 26, 2015, 4:00 pm - 8:00 pm

The application has been reviewed and determined to be in compliance with City requirements

Council Memo

Yavapai Big Brothers Big Sisters, Liquor License Information

Location Map

Liquor License Series Number Definitions

ARS 4-203.02: Special event licenses: rules 


It has been been posted, no complaints. State law prohibits more than 12 special licenses in a calendar year, this makes #7. 

Passes unanimously. 



A. Public hearing and consideration of a new liquor license application for a Series 12 Restaurant License from Sonia Isabel Gamez Wetmore, applicant for J&J Restaurant, located at 224 North Cortez Street 

Council Memo

Liquor License Series Number Definitions 

R19-1-702, Arizona Laws and Regulations Relating to Granting a Liquor License 

Motion passes 6-0. Approval passes 6-0.


B. Public hearing and consideration of a person transfer liquor license application for a Series 7 Beer & Wine Bar License from Amirishkumar Vithalbhai Patel, applicant for Hotel Vendome, located at 230 South Cortez Street

Council Memo

Liquor License Series Number Definitions

R19-1-702, Arizona Laws and Regulations Relating to Granting a Liquor License

 The Mayor invited Mr. Patel up to tell them about his application. "Tell us about the ghost, Mr. Patel," he says. 

Mr. Patel answers, "The ghost has been there for 90 years or so, but unfortunately I haven't seen her. Maybe after a few glasses of wine?"

Motion and application pass 6-0. 

C. Approval to purchase an MC-266 horizontal brush grinder from Rotochopper, Inc., in the amount of  $371,475.00 (Solid Waste Fund; City Contract No. 2016-032)

Council Memo

Rotochopper, Inc., quote dated August 27, 2015

Rotochopper, Inc., MC-266 Specification sheet

 They have tried to lease the grinder from the county, but the availability is very limited. If the green waste is not taken care of, there is an increased risk of fire.

Best bid for price.

Exempt from use tax.

Blair asks what the shelf life is for this equipment - and is extra insurance or training required? 10-15 years. 

D. Approval of purchase of one (1) ea. 2016 Ford F450 regular cab 4x4 truck with 14’ cargo box and HI-Cube Mounted TV Inspection System from CUES, Inc., using Houston-Galveston Area Council (HGAC) Contract No. SCO1-15 pricing, in the amount of $221,112.00  (Wastewater Fund; City Contract No. 2016-067)

Arnold wants to ensure that the operation is limited to solid waste matter. It is. 

Agenda Memo

CUES, Inc., quote dated 8/12/15

Photo of quoted vehicle

Motion passes 6-0


E. Approval to accept two grants awarded to the City of Prescott (Police Department) by the Governor’s Office of Highway Safety in the total amount of $35,000.00 for traffic enforcement and education programs

 Council Agenda


Motion passes unanimously.  

F. Adoption of Resolution No. 4307-1516 approving an Intergovernmental Agreement with the Yavapai County Flood Control District (City Contract No. 2016-053) to accept funding in the amount of $600,000.00 for the Carleton Street Alarcon Street Pavement Reconstruction and Drainage Improvements Project

 They have less than a year to get it done, must meet criteria.  

Council Memo

Resolution No. 4307-1516

Intergovernmental Agreement with Yavapai County Flood Control District, City Contract No. 2016-053

Vicinity Map

 There is a lot of work on this project. 

They are doing the design in-house. 

Lazzell asks if we would be doing this project this year if we weren't getting the money from the county.  "I hate buying things just because it's on sale," Lazzell explained. 

The answer is yes, this is a problem with flooding.

Lamerson said this is important that we work on some of these issues, because it shows ADEQ that the City is making an effort. 

They were asked if they could move the signals at the intersection on Carlton/Montezuma, because it is difficult for pedestrians. 

Another person said, "We need to consider water quality in everything we do." 

Motion passes 6-0


G. Approval of a Settlement Agreement with Arizona Department of Environmental Quality (ADEQ) for the Watson Lake Total Maximum Daily Loads (TMDLs)

The City had an objection to the science behind the ADEQ TMDL released this spring. The city appealed and then the parties worked out a settlement agreement.

The terms are that the City will continue to collect data for up to 5 years. That information will be provided to ADEQ, which will provide a more accurate TMDL.

"The settlement agreement was essentially everything we were asking for," City Attorney Paladini said.

Wilcox comments, "Although this looks like a good deal for the city, I don't think it is a good deal for the communities and the visitors... It defers our responsibility for coming up with a plan sooner rather than later."

Wilcox wants to know what happens to the responsibility for other parties that may be partially responsible for the problems.

"We'd be guessing at what needs to be done, as regards the science," Paladini said.

"It was of prime importance to the City, because the City owns the lake," staff responds. 

Wilcox asks about the Watershed Improvement Council. Answer: They are meeting monthly, but are focusing on Miller Creek.

Wilcox asks about a specific clause in the contract. Paladini explains that it is narrowly constrained to the settlement.

The conclusions made by ADEQ were based on a "one-size-fits-all" model. The City of Prescott wanted a model based specifically on Watson and Willow Lakes.

Arnold thinks they missed the opportunities. 

He doesn't like the agreement, he thinks that it is slanted towards ADEQ. He quotes, "ADEQ will..." and lists creates the model, develops the TDML, etc.

"I understand where we're trying to get to," Arnold says. "But I don't see anything coming from this for 3-5 years, and even then it doesn't seem as if we'll be much farther along."

Blair - "So, we create a plan for 3-5 years. Then we need to study the plan for 3-5 years. When are we going to start fixing the problem?" 

Blair wants to dredge the lakes and clean it up.

"The City is moving forward, we're not putting anything on hold," the staff member says. 

"We bought the lake in 1998, knowing it was polluted then, and knowing it is polluted now, nothing has been done," Blair said. 

"I'm frustrated with ADEQ, and I think we're in a corner we don't need to be in," Arnold said.

"We need to quit calling them lakes," Mayor Kuykendall says, "They're a catch basin for this whole area... I think we've got a long term battle ahead, I don't know if they'll be solved in the court or whatever... As long as there's drainage coming from upcreek, there will always be stuff in there."

There is another person from the audience that says the only solution is to dredge the lakes.

Lamerson points out that ADEQ is a bigger regulatory hammer for the state. "It's my two cents, it may not be perfect, but this agreement is better than no agreement."

"Frankly, I hope we can see it done before I die," Blair said. 

Chuck Buddinger: Has concerns about the agreement. "I think the settlement operates outside the legal framework," Buddinger said. He recommends shelving the settlement until further time.

Gary Worob from the audience points out that the lakes were purchased for recreation, not necessarily for primarily storage. He points out that the community has lost it's right to swim.

Steve Sishka asks what happens if they don't approve the agreement. Then it will continue to be litigated, probably for at least a year, and the litigation continues. 

Arnold points out that they can't discuss some of the rationale behind it because it was reviewed in executive session.

Buddinger says that the Corp of Engineers will come in and do a $100K study for free.

Arnold points out that section 2 states that upon the data approval the information will be submitted to the EPA. 

Arnold wants to table this until the next voting meeting. 

He so moves to table this item until October 13 meeting. The motion to table passes 6-0.

Council Memo

Settlement Agreement with ADEQ


H. Award of City Contract No. 2015-184 to AMEC Foster-Wheeler for the Upper Granite Creek Watershed and Watson Lake TMDLs and Stormwater Quality Monitoring Plan in an amount not to exceed $114,000.00

Arnold asks about the tasks outlined.

Paladini recommends that they wait to vote on this item until they decide item "G".

Kuykendall thinks that the possibility exists that the settlement agreement may not pass, so there is no sense in going forward on this at this time.


Council Memo

Granite Creek Watershed Map

Scope of Work and Fee Schedule



Lynne LaMaster

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