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City Council

Regular Meeting

Lake Havasu City, AZ · June 11, 2019

AgendaMinutes

Minutes

Mayor Cal Sheehy Lake Havasu City Vice Mayor David Lane Police Facility Councilmember Jeni Coke 2360 McCulloch Blvd North Councilmember Jim Dolan Lake Havasu City, Arizona Councilmember Gordon Groat 86403 Councilmember Michele Lin www.lhcaz.gov Councilmember Donna McCoy City Council Regular Meeting Minutes - Final Tuesday, June 11, 2019 6:00 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 6:00 p.m. 2. INVOCATION: Pastor Dean Wiles, Abundant Grace Church Pastor Dean Wiles with Abundant Grace Church gave the invocation. 3. PLEDGE OF ALLEGIANCE: Lake Havasu Chamber of Commerce Foundation for Education and Leadership The Lake Havasu Chamber of Commerce Foundation for Education and Leadership led in the Pledge of Allegiance. 4. ROLL CALL Present: 6- Mayor Cal Sheehy, Vice Mayor David Lane, Councilmember Jeni Coke, Councilmember Gordon Groat, Councilmember Michele Lin and Councilmember Jim Dolan Absent: 1- Councilmember Donna McCoy 5. CALL TO THE PUBLIC There were no requests to address the Council. 6. CONSENT AGENDA 6.1 ID 19-2044 Approve the May 28, 2019, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 19-2008 Adopt Resolution No. 19-3308 Approving an Intergovernmental Agreement with the La Paz County Jail District for Jail Services (Chief Doyle) 6.3 ID 19-2024 Adopt Resolution No. 19-3310 Appointing the Chief Fiscal Officer for Fiscal Year 2018-19 (Jill Olsen) 6.4 ID 19-2022 Adopt Resolution No. 19-3312 Ratifying the Submission of a Grant Application to the Arizona Department of Emergency and Military Affairs Lake Havasu City Page 1 Printed on 6/28/2019 City Council Minutes - Final June 11, 2019 for a State Emergency Council Hazard Mitigation Opportunity for the Stabilization of Washes and Implementation of the Activities Funded - Avalon Drain 2 (Chief Davis) 6.5 ID 19-2047 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, June 25, 2019 (Kelly Williams) Councilmember Coke moved to approve the Consent Agenda as presented, seconded by Vice Mayor Lane, and carried by the following vote: Aye: 6 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin and Councilmember Dolan Absent: 1 - Councilmember McCoy 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 19-2046 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) City Clerk Kelly Williams announced the current and upcoming vacancies on various Lake Havasu City Boards, Committees, and Commissions. 7.2 ID 19-2045 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Proclaimed June 1, 2019, as Cancer Survivor’s Day. • Proclamation was presented to the Navajo Code Talkers on June 8, 2019. • Lake Havasu City Fire Department received a donation from the Havasu Regional Medical Center. • Lake Havasu City Police Department hosted 42 Lake Havasu High School students from the Arizona State University Criminal Justice Camp. • Proclamation recognizing the 10th Annual Early Childhood Conference on June 8, 2019. • Representative Gosar recognized the Lake Havasu City Veterans Treatment Court. • Coffee with the Mayor and City Manager will be held at the Bureau of Land Management, Lake Havasu Field Office, on June 14, 2019, at 8:30 a.m. 8. PUBLIC HEARINGS 8.1 ID 19-2010 Series #09S Sampling Privileges Liquor License, Smith’s Food and Drug Center #188, 80 Acoma Boulevard North/Pace (Kelly Williams) Ms. Williams advised that Mr. Stephen Troy Pace has applied for a Series #09S Sampling Lake Havasu City Page 2 Printed on 6/28/2019 City Council Minutes - Final June 11, 2019 Privileges Liquor License for Smith’s Food and Drug Store #188, located at 80 Acoma Boulevard North. Ms. Williams noted that all posting requirements have been met and no objections were received. She said the location is properly zoned for a liquor license. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Lane moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #09S sampling privileges liquor license for Smith’s Food and Drug Center #188, 80 Acoma Boulevard North, seconded by Councilmember Lin, and carried by the following vote: Aye: 6 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin and Councilmember Dolan Absent: 1 - Councilmember McCoy 8.2 ID 19-2012 Series #10 Beer and Wine Store Liquor License, All American Fuel, 1041 Acoma Boulevard South/Bradley (Kelly Williams) Ms. Williams advised that Mr. Donald Dewayne Bradley has applied for a Series #10 Beer and Wine Store Liquor License for All American Fuel, located at 1041 Acoma Boulevard South. Ms. Williams noted that all posting requirements have been met, all fees have been paid, and no objections were received. She said the location is properly zoned for a Series #10 liquor license. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #10 beer and wine store liquor license for All American Fuel, 1041 Acoma Boulevard South, seconded by Vice Mayor Lane, and carried by the following vote: Aye: 6 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin and Councilmember Dolan Absent: 1 - Councilmember McCoy 8.3 ID 19-2013 Series #10 Beer and Wine Store Liquor License, The Gas Dock, 281 Lake Havasu Avenue South/Bradley (Kelly Williams) Ms. Williams advised that Mr. Donald Dewayne Bradley has applied for a Series #10 Beer and Wine Store Liquor License for The Gas Dock, located at 281 Lake Havasu Avenue South. Ms. Williams noted that all posting requirements have been met, all fees have been Lake Havasu City Page 3 Printed on 6/28/2019 City Council Minutes - Final June 11, 2019 paid, and no objections were received. She said the location is properly zoned for a Series #10 liquor license. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Lane moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #10 beer and wine store liquor license for The Gas Dock, 281 Lake Havasu Avenue South, seconded by Councilmember Coke, and carried by the following vote: Aye: 6 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin and Councilmember Dolan Absent: 1 - Councilmember McCoy 8.4 ID 19-2039 Adopt Uniform Video Service License Agreement and Application (Kelly Garry) City Attorney Kelly Garry advised that last year the Legislature adopted new laws that require cities and towns to adopt a Standard Uniform Video License Agreement and Application by July 1, 2019. Ms. Garry said that the Legislature declared the licensing of video service providers and the regulation and use of video services a matter of statewide concern; therefore, the City is preempted from further regulation of these services. She explained that video services is defined broadly but specifically includes cable service. Ms. Garry said the telecommunications workgroup, together with the stakeholders, developed this agreement and application. She stated that the other requirements of this legislation go into effect on December 31, 2019, and then between January 1, 2020, and June 20, 2020, the incumbent providers may elect to obtain a uniform license or continue with their current license until it’s natural expiration. She said the City currently has one incumbent cable license holder, Suddenlink, that will expire in May 2020. Ms. Garry noted that included in the council communication were some notable provisions of this new legislation, and added that prior to December 31, 2019, the City will have to make necessary changes to the City Code to conform with the new laws. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lin moved to adopt the Uniform Video Service License Agreement and Application, seconded by Vice Mayor Lane, and carried by the following vote: Aye: 6 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin and Councilmember Dolan Lake Havasu City Page 4 Printed on 6/28/2019 City Council Minutes - Final June 11, 2019 Absent: 1 - Councilmember McCoy 8.5 ID 19-2023 Adopt Resolution No. 19-3309 Adopting the Five-Year Capital Improvement Plan (CIP) for Fiscal Years 2020-24 (Jill Olsen) Administrative Services Director Jill Olsen advised that the item before Council is the adoption of the Capital Improvement Plan (CIP). Ms. Olsen outlined the following in her presentation: Capital Improvement Plan (CIP) • No changes since April 25th CIP Work Session • Five-Year CIP Plan totals $89.7 million • Fiscal Year (FY) 2019-20 total is $21.4 million • All projects in the 5-Year CIP Plan are fully funded • Total Airport Projects: $1,910,000 o Airport Master Plan, Taxiway Alpha Pavement • Total Drainage Projects: $3,600,000 o Avalon Drain 2, Havasupai Wash 3 • Total General Government: $480,075 o Utility Software, Environmental Learning Center • Total Parks Projects: $763,750 o Dick Samp Park Improvements • Total Streets Projects: $921,246 • Total Wastewater Projects: $4,710,250 o 8” Ductile Iron Force Main, Water Conservation • Total Water Projects: $9,010,909 o Tank & Booster Station Improvements, Water Main • FY 2019-20CIP Project Totals: $21,396,230 The Council thanked City staff for presenting a fully funded five-year CIP. Mayor Sheehy said the City Council has held several work sessions discussing the budget process and theory. He noted that one highlight of the CIP, which is a new addition, was identifying the use of construction sales tax towards CIP related projects. He said the direction from Council was that using construction sales tax would be a good source allowing reliability of the rest of the funds towards City operations while taking CIP projects based on the flow of tax revenues which allows the City to continue to offer and provide services to the community in a uniform fashion. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Lake Havasu City Page 5 Printed on 6/28/2019 City Council Minutes - Final June 11, 2019 Councilmember Coke moved to adopt Resolution No. 19-3309 adopting the Five-Year Capital Improvement Plan for Fiscal Years 2020-24, seconded by Vice Mayor Lane, and carried by the following vote: Aye: 6 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin and Councilmember Dolan Absent: 1 - Councilmember McCoy 8.6 ID 19-2026 Adopt Resolution No. 19-3315 Adopting the Fiscal Year 2019-20 Tentative Budget (Jill Olsen) Ms. Olsen advised that the item before Council is the adoption of the Tentative Budget which is the first step of adopting the final budget. Ms. Olsen outlined the following in her presentation: Tentative Budget Adoption FY 2019-20 • Establishes a cap of $148,611,388 for the annual FY 2019-20 • The items within this total amount may be changed or the amount may be reduced for the final budget scheduled for adoption on June 25, 2019 o Total may not be increased • One (1) addition since the May 16 work session: $50,000 for Public Defender costs • Percentage of FY 2019-20 Tentative Budget by Department (Excludes Depreciation, PSPRS Debt Payment and Grants): o Community Investment 3% o Parks & Recreation 4% o Public Works 9% o General Government 10% o Public Safety 25% o Utilities 49% Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Mayor Sheehy noted that the tentative budget does not propose any new debt and the property tax levy rate remains flat. He added that while the rate remains the same there is a small adjustment based on assessed value. Councilmember Groat moved to adopt Resolution No. 19-3315 adopting the Fiscal Year 2019-20 Tentative Budget, seconded by Councilmember Lin, and carried by the following vote: Lake Havasu City Page 6 Printed on 6/28/2019 City Council Minutes - Final June 11, 2019 Aye: 6 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin and Councilmember Dolan Absent: 1 - Councilmember McCoy 8.7 ID 19-2025 Adopt Resolution No. 19-3311 Appointing the Chief Fiscal Officer for Fiscal Year 2019-20 (Jill Olsen) Ms. Olsen advised that the state requires the City to submit documentation appointing a Chief Fiscal Officer for each fiscal year. She said the resolution before the Council is to appoint the Chief Fiscal Officer as the Administrative Services Director. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Lane moved to adopt Resolution No. 19-3311 designating Administrative Services Director, Jill Olsen, as the Chief Fiscal Officer for Lake Havasu City for Fiscal Year 2019-20, seconded by Councilmember Coke, and carried by the following vote: Aye: 6 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin and Councilmember Dolan Absent: 1 - Councilmember McCoy 8.8 ID 19-2040 Adopt Resolution No. 19-3313 Accepting Membership in the Arizona Municipal Risk Retention Pool and Approving Membership Agreement and Bylaws (Shirlee Palbicki) Human Resources Manager Shirlee Palbicki advised that this item is to accept membership into the Arizona Municipal Risk Retention Pool. She said the City is currently insured independently through a broker based on Lake Havasu City’s experience rating individually. She said by joining the pool, the City would become the 76th member of the Arizona Municipal Risk Retention Pool which includes 74 other cities and the League of Arizona Cities and Towns. She said this is not an insurance company, and explained that the risk is shared similar to the medical insurance pool which spreads the risk based on the volume of members within the pool. Ms. Palbicki said in addition to general liability and workers’ compensation, the pool also offers additional benefits at no cost to the City some of which include law enforcement liability training, land use agreement review, and personnel law recommendations. She explained that there is also a cost recovery as the pool shares in dividends, and stated that 13 out of the 18 years the pool has operated, it has provided dividends back to the members. Ms. Palbicki further explained that the pool stabilizes the rates each year versus rates in an open market, which allows for the City to Lake Havasu City Page 7 Printed on 6/28/2019 City Council Minutes - Final June 11, 2019 project rates for future years. Vice Mayor Lane said one of the benefits is that any money left at the end of the year stays in the pool. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Lane moved to adopt Resolution No 19-3313 accepting Lake Havasu City’s membership in the Arizona Municipal Risk Retention Pool (AMRRP) and approving Membership Agreement and Bylaws and authorizing the City Manager to execute the Membership Agreement, to make necessary disbursements, and to take all actions consistent with carrying out the intent of the agreement, seconded by Councilmember Lin, and carried by the following vote: Aye: 6 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin and Councilmember Dolan Absent: 1 - Councilmember McCoy 8.9 ID 19-2041 Adopt Resolution No. 19-3314 Establishing Salary Equivalent for Purposes of Calculating Workers’ Compensation Insurance Premium and Compensation Benefit for Volunteers (Shirlee Palbicki) Ms. Palbicki advised that this is a housekeeping item as the City is required by State Statute to adopt by resolution the established amount for volunteers. She noted that this is the City’s current practice and this action will memorialize it by resolution. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to adopt Resolution No 19-3314 establishing salary equivalent for purposes of calculating workers’ compensation insurance premium and compensation benefit for volunteers, seconded by Vice Mayor Lane, and carried by the following vote: Aye: 6 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin and Councilmember Dolan Absent: 1 - Councilmember McCoy 8.10 ID 19-2042 Award Professional Services Agreement for Public Defender Services to Whitney & Whitney, PLLC (Jess Knudson) Lake Havasu City Page 8 Printed on 6/28/2019 City Council Minutes - Final June 11, 2019 Ms. Garry advised that earlier in the day the Council received a revised “Exhibit A” that was a result of some last minute negotiations or renegotiations that occurred with the parties due to a misunderstanding. She said what was provided in the initial “Exhibit A” was $308 per case. She said there was some discussion regarding wanting differing values for veteran court cases versus regular cases; therefore, instead of reopening the door and having to negotiate different price scales, it was changed to $346 per case. She said this amount is only once it passes the 650 case load and added that it mathematically works out better as $225,000 divided by the 650 case cap equates to $346. Ms. Garry said staff is presenting the revised “Exhibit A” for the agreement. Mr. Knudson stated that this is a one-year agreement for public defender services. He said the current contract is set to expire at the end of this month. He said the City is legally obligated by State Statutes to provide defense services for indigent defendants. Mr. Knudson said through a Request for Proposal (RFP) process, the City received two proposals for this service which were reviewed and scored by the review committee. He said the review committee selected Whitney & Whitney, PLLC, for a five-year contract in the amount of $225,000 per year ($346 per case). Mayor Sheehy said the contract is for $225,000 per year for up to 650 cases, and asked how many cases the City is handling on an annual basis, to which Mr. Knudson said in reviewing historical trends and projections prior to the RFP the City has identified approximately 650 to 700 cases per year, anticipating that approximately 50 of those cases will be conflicted out. He said the City fully expects Whitney & Whitney, PLLC, to handle 650 cases this year. Mayor Sheehy thanked City staff for putting together a process and committee for reviewing these types of contracts. Mayor Sheehy opened the public hearing. Mr. Charles Yager, citizen, addressed the Council and said he works for the City as the City Prosecutor but is before the Council speaking as a private citizen. Mr. Yager said he has been following the public defender contract for approximately seven years to observe that the attorneys in the community are given a fair opportunity to bid on the indigent services contract. He said one of the things he reviews is the cost, since the City has a large volume of cases, to ensure the cases are handled efficiently and also that the process is fair. He said there was discussion last year regarding implementing a new process and establishing a committee, and added that at the meeting the tone suggested that there really was not a desire to change the status quo at that time, which he believes is the perception that is out in the community. He said last year the City had four bidders and this year there were only two bidders: Whitney & Whitney, PLLC, and a sole practitioner that Lake Havasu City Page 9 Printed on 6/28/2019 City Council Minutes - Final June 11, 2019 came in $100,000 less than the recommended bidder. Mr. Yager reviewed some of the things that were said at the September 11, 2018, meeting including: 1) the Judge had said that a committee would have made the same decision that it made last year regarding Whitney & Whitney, 2) they claim that they could lose grant money if another firm was involved in the Veteran’s Treatment Court, 3) that an additional staff member would be necessary if rotation was implemented, and 4) there was a law in effect. Mr. Yager said the law is the Joe U. Smith, Arizona Supreme Court, case from 1984. He said he would not get into the details of the case, but he believes it is one of the reasons there is not a lot of interest in this contract. He explained that the Joe U. Smith case found that there was a systematic ineffectiveness in the way that Mohave County dealt with contracts for indigent defendant services. He said the court put the Joe U. Smith case into the RFP that states that the maximum misdemeanor case load per attorney is 300. He said the projected number of cases in the contract is a discouragement to all solo practitioners because it regulates the maximum number of cases per attorney to 300. Mr. Yager said the City should offer more attorneys to be a part of the process and appoint a few public defenders to give other people a fair opportunity. Mr. Yager stated that Mr. Anthony Mullin, Public Defender in Bullhead City, is paid $191 per case and is going to be at 675 cases this fiscal year. He said Mr. Mullin is contracted to handle 600 cases and Ms. McKee is contracted to handle 300 cases, and added that both are solo practitioners that together are projected to handle 1,000 cases this year. Mr. Yager said Bullhead City is estimated to pay $195,775 for over 300 more cases, and added that they will also have less conflicts because they have more than one practitioner involved. He said he believes $191 per case is a low number but these are all things that the public needs to be aware of and ask why the City is paying more money. Mr. Yager also noted that the RFP states that compensation will be negotiated, and said as of yesterday his office has handled 1,690 criminal cases. He said everyone in the City is sacrificing, there are compaction issues, and this firm is going to get a $50,000 raise. He said their contract has increased from $60,000, to $125,000, to $175,000 and now to $225,000. Mr. Yaeger said all of the employees in the organization have been sacrificing and it is insulting to some City employees to see some professional services receive a raise. He said the public needs to look at how much money the City is spending and how the City is treating internal people compared to external. He said this is a clear example of a City that is doing it for less and doing more cases than the 300 cap. He said the City Council may want to investigate how realistic that number is. Mr. Brian Whitney, attorney with Whitney & Whitney, PLLC, addressed the Council and said there are six attorneys in his office and six staff members, and added that they have an office in Lake Havasu City and one in Kingman. He said their first year contract was $60,000 per year and they handled 125 cases so the Council can see over time the way the case load has shifted and the number of people who require indigent defense has shifted which a lot of that is due to rule changes that have taken place in the Supreme Lake Havasu City Page 10 Printed on 6/28/2019 City Council Minutes - Final June 11, 2019 Court that dictate how people are appointed counsel and when they have to be appointed counsel. He explained that if a bond is set and someone remains in custody they have to be appointed counsel which has not always been the case. Mr. Whitney said to address some of the comments regarding Bullhead City, he has practiced in that court and one of the reasons they are able to do what they do is that when you go to court there, the only people in the court room is the judge and the person accused of the crime. He said there is a lesser level of representation and lesser level of involvement which may account for some of the disparity in cost. He said the Mohave County system pays $400 per case which only represents the first 25 hours’ worth of work. He further explained that any case that goes over 25 hours is allowed to bill at the rate of $60 per hour. He said as Mr. Knudson previously stated, there is a disparity of time in certain types, as some can take 50 to 60 hours and others can take several hours. Mr. Whitney addressed the statements that were made about giving everyone a fair shot at the workload and the costs. He said the Joe U. Smith case law may be 35 years old but it is good case law and is the law in Arizona. He explained that the age of the case has no bearing on the fact that Arizona has decided you have to be cognizant of case load restriction. He said what the Council is set to consider is a figure in the middle ($346) in a scenario where the City is not exposed to liability for ineffective assistance of counsel simply based on the compensation that the attorney received not necessarily their performance. He said the increase in cost is due to the increase in case load, and even though it is on an annual basis it is looked at on a case-by-case basis to justify services that are being provided and not expose the service provider or the City to liability. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Lin asked if the term has always been for five years, to which Mr. Knudson said the term of five years was discussed last year and provides the ability for an early termination if the City chooses. He said it was advantageous for the City to lock in at that price for the next five years. Councilmember Lin asked how long the City has been with Whitney & Whitney, PLLC, to which Mr. Knudson responded seven years. Councilmember Lin asked if the deconsolidation of the Court will have any effect on this agreement, to which Mr. Knudson responded no. Mr. Knudson said for clarification the other proposal received was in the amount of $140,000, not $125,000. Mayor Sheehy asked if the other proposal was for 300 cases not 650 cases, to which Mr. Knudson said it was not identified in the RFP, and said the City wanted to enter into an agreement with someone to provide defense services for the City which was looked at, and said the cost was scored highly with that proposal but was not Lake Havasu City Page 11 Printed on 6/28/2019 City Council Minutes - Final June 11, 2019 scored highly in other areas. Mr. Knudson added that there were concerns with the ability to provide the proper amount of resources to accommodate the 650 case load. Mayor Sheehy noted that he has been an advocate of a longer term agreement. He said this process has always been broken and this is the first year there is a process which addresses this in a non-partial way. Vice Mayor Lane said as requested by the Council, the City formed a committee that consisted of City staff, Court staff, and someone from outside the City to review the proposals. He said the process is fair and non-partial and everyone had an opportunity to submit a proposal. Mayor Sheehy asked if the City currently engages with other local attorneys to represent on conflict cases, to which Mr. Knudson replied that the City projects approximately 50 cases are conflicted out and contracted with other attorneys to provide indigent services. Vice Mayor Lane moved to award the Professional Services Agreement for Public Defender Services to Whitney & Whitney, PLLC, seconded by Councilmember Coke, and carried by the following vote: Aye: 6 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin and Councilmember Dolan Absent: 1 - Councilmember McCoy 8.11 ID 19-2038 Award Bid for the Island Treatment Plant Screenings Compactor and Shaft-less Screw Conveyor Equipment Replacement (Mike Slettebo) Public Works Manager Mark Clark advised that the compactor screen at the Island Treatment Plant (ITP) is deteriorating as the trough and back splash have reached their useful life expectancy and the base bolts have begun to erode. He said staff is recommending award to the second bidder, as the lowest bidder was not able to meet the equipment delivery requirements. Mr. Clark said the current screen was installed in 2007 with a 20-year estimated life; however, it only lasted 12 to 13 years so staff has made those adjustments in the City’s asset management system. Mr. Clark added that one of the reasons for the limited lifespan is due to the hydrogen sulfate. Vice Mayor Lane asked if the rags flushed down the sewer system affect this equipment, to which Mr. Clark said the equipment is designed to handle those items; however, the rags do cause problems in the pump where the tolerances are much finer between the pump motor, the propeller, and the wall of the pipe. Mayor Sheehy opened the public hearing. There being no comments, he closed the public Lake Havasu City Page 12 Printed on 6/28/2019 City Council Minutes - Final June 11, 2019 hearing. Vice Mayor Lane moved to award the bid for the Island Treatment Plant Screenings Compactor and Shaft-less Screw Conveyor to JDV Equipment Corporation in the amount of $98,574.90 (which includes estimated sales tax), seconded by Councilmember Coke, and carried by the following vote: Aye: 6 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin and Councilmember Dolan Absent: 1 - Councilmember McCoy 9. CURRENT EVENTS There were no Council committee reports. 10. CALL TO THE PUBLIC There were no requests to address the Council. 11. FUTURE MEETINGS Tuesday, June 25, 2019 @ 6:00 p.m. – Regular Meeting Tuesday, July 9, 2019 @ 6:00 p.m. – Regular Meeting 12. FUTURE DISCUSSION ITEMS There were no requests from Council for future discussion items. 13. ADJOURN Upon motion by Vice Mayor Lane, and seconded, the meeting adjourned at 7:03 p.m. CERTIFICATION I hereby certify that the foregoing is a full and true copy of the Regular Meeting Minutes of the Lake Havasu City Council held on the 11th day of June, 2019. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk/CMC Lake Havasu City Page 13 Printed on 6/28/2019

Agenda

Mayor Cal Sheehy Lake Havasu City Vice Mayor David Lane Police Facility Councilmember Jeni Coke 2360 McCulloch Blvd North Councilmember Jim Dolan Lake Havasu City, Arizona 86403 Councilmember Gordon Groat www.lhcaz.gov Councilmember Michele Lin Councilmember Donna McCoy City Council Regular Meeting Agenda Tuesday, June 11, 2019 6:00 PM One or more councilmembers may be participating and voting via remote conferencing. Lake Havasu City endeavors to ensure the accessibility of all of its programs, facilities, and services to all persons with disabilities in accordance with the Americans with Disabilities Act. If you need an accommodation for a meeting, please contact the City Clerk at 453-4142 at least 24 hours prior to the meeting so that an accommodation can be arranged. Anyone wishing to address the council on an item not shown on the agenda should fill out a “Speaker Request” form, which will be found on the desk located at the entrance to the meeting room, and hand it to the City Clerk. Action as a result of public comment on an item not on the agenda will be limited to directing staff to study the matter or rescheduling the matter to a later date. The City Council may vote to hold an executive session for the purpose of obtaining legal advice from the City’s attorney on any matter listed on the agenda under A.R.S. § 38-431.03(A)(3). 1. CALL TO ORDER 2. INVOCATION: Pastor Dean Wiles, Abundant Grace Church 3. PLEDGE OF ALLEGIANCE: Lake Havasu Chamber of Commerce Foundation for Education and Leadership 4. ROLL CALL 5. CALL TO THE PUBLIC We will now have an open call to the public for citizens wishing to address the council on issues within the jurisdiction of the city. Your comments must be limited to three (3) minutes or less. If you wish to address an item already on tonight’s agenda, you should wait until that item is announced for a public hearing. At the conclusion of the open call to the public, individual members of the council may respond to criticism made by those who have addressed the council, may ask staff to review a matter or may ask that a matter be put on a future agenda. However, members of the council cannot discuss or take legal action on matters not already on the agenda. 6. CONSENT AGENDA The following items will be considered as one item by the City Council and will be enacted with one motion with no separate discussion unless a councilmember so requests, in which event the item will be removed. 6.1 ID 19-2044 Approve the May 28, 2019, City Council Regular Meeting Minutes (Kelly Williams) Page 1 Printed on 6/11/2019 City Council Regular Meeting Agenda - Final June 11, 2019 6.2 ID 19-2008 Adopt Resolution No. 19-3308 Approving an Intergovernmental Agreement with the La Paz County Jail District for Jail Services (Chief Doyle) 6.3 ID 19-2024 Adopt Resolution No. 19-3310 Appointing the Chief Fiscal Officer for Fiscal Year 2018-19 (Jill Olsen) 6.4 ID 19-2022 Adopt Resolution No. 19-3312 Ratifying the Submission of a Grant Application to the Arizona Department of Emergency and Military Affairs for a State Emergency Council Hazard Mitigation Opportunity for the Stabilization of Washes and Implementation of the Activities Funded - Avalon Drain 2 (Chief Davis) 6.5 ID 19-2047 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, June 25, 2019 (Kelly Williams) 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 19-2046 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) 7.2 ID 19-2045 City Manager’s Report (Jess Knudson) 8. PUBLIC HEARINGS 8.1 ID 19-2010 Series #09S Sampling Privileges Liquor License, Smith’s Food and Drug Center #188, 80 Acoma Boulevard North/Pace (Kelly Williams) 8.2 ID 19-2012 Series #10 Beer and Wine Store Liquor License, All American Fuel, 1041 Acoma Boulevard South/Bradley (Kelly Williams) 8.3 ID 19-2013 Series #10 Beer and Wine Store Liquor License, The Gas Dock, 281 Lake Havasu Avenue South/Bradley (Kelly Williams) 8.4 ID 19-2039 Adopt Uniform Video Service License Agreement and Application (Kelly Garry) 8.5 ID 19-2023 Adopt Resolution No. 19-3309 Adopting the Five-Year Capital Improvement Plan (CIP) for Fiscal Years 2020-24 (Jill Olsen) 8.6 ID 19-2026 Adopt Resolution No. 19-3315 Adopting the Fiscal Year 2019-20 Tentative Budget (Jill Olsen) 8.7 ID 19-2025 Adopt Resolution No. 19-3311 Appointing the Chief Fiscal Officer for Fiscal Year 2019-20 (Jill Olsen) 8.8 ID 19-2040 Adopt Resolution No. 19-3313 Accepting Membership in the Arizona Municipal Risk Retention Pool and Approving Membership Agreement and Bylaws (Shirlee Palbicki) Page 2 Printed on 6/11/2019 City Council Regular Meeting Agenda - Final June 11, 2019 8.9 ID 19-2041 Adopt Resolution No. 19-3314 Establishing Salary Equivalent for Purposes of Calculating Workers’ Compensation Insurance Premium and Compensation Benefit for Volunteers (Shirlee Palbicki) 8.10 ID 19-2042 Award Professional Services Agreement for Public Defender Services to Whitney & Whitney, PLLC (Jess Knudson) 8.11 ID 19-2038 Award Bid for the Island Treatment Plant Screenings Compactor and Shaft-less Screw Conveyor Equipment Replacement (Mike Slettebo) 9. CURRENT EVENTS Pursuant to A.R.S. § 38-431.02(K), a public body shall not propose, discuss, deliberate, or take legal action on any Current Event item Council Committee Reports: Airport Advisory Board - Councilmember Dolan Clean Colorado River Sustainability Coalition (CCRSCo) - Mayor Sheehy Havasu Youth Advisory Council - Councilmembers Coke & McCoy Lake Havasu Area Chamber of Commerce - Councilmember McCoy Lake Havasu Convention and Visitors Bureau (CVB) - Councilmember McCoy Lake Havasu Metropolitan Planning Organization (MPO) - Mayor Sheehy & Councilmembers McCoy/Lane/Coke (Alternate) Mohave County Water Authority - Mayor Sheehy & Councilmember Groat Parks & Recreation Advisory Board - Councilmember Lin Partnership for Economic Development (PED) - Vice Mayor Lane Public Safety Personnel Retirement System – Local Fire Board - Vice Mayor Lane Public Safety Personnel Retirement System – Local Police Board - Vice Mayor Lane Uptown/Main Street Association - Councilmember McCoy Western Arizona Council of Governments (WACOG) - Councilmember Lin 10. CALL TO THE PUBLIC 11. FUTURE MEETINGS Tuesday, June 25, 2019 @ 6:00 p.m. - Regular Meeting & Final Budget Adoption Tuesday, July 9, 2019 @ 6:00 p.m. - Regular Meeting & Property Tax Levy Adoption 12. FUTURE DISCUSSION ITEMS 13. ADJOURN Page 3 Printed on 6/11/2019

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