City Council

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, September 22, 2020 6:00 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 6:00 p.m. 2. INVOCATION: Chaplain Bea Evans, City On A Hill International Church Chaplain Bea Evans, City on a Hill International Church, gave the invocation. Mayor Sheehy announced that the City Council has resumed in-person attendance at public meetings. He said members of the public can attend in-person or watch or listen to the meeting on Channel 4, or live stream on the City’s website. He added that public comments are being accepted by emailing the City Clerk at cityclerk@lhcaz.gov at least one-hour prior to the posted start time of the meeting. 3. PLEDGE OF ALLEGIANCE: Havasu Abuse Victims Education Network (HAVEN) Ms. MaryLou O’Connell with Havasu Abuse Victims Education Network (HAVEN) led in the Pledge of Allegiance. 4. ROLL CALL Present: 7- Mayor Cal Sheehy, Vice Mayor David Lane, Councilmember Jeni Coke, Councilmember Gordon Groat, Councilmember Michele Lin, Councilmember Donna McCoy and Councilmember Jim Dolan *Councilmembers Gordon Groat and Michele Lin were present via remote conferencing. 5. CALL TO THE PUBLIC Ms. Karry Dagley, owner of Hava Ice Cream, addressed the Council requesting information on the City laws concerning commercial activity in City parks. The following people addressed the Council and spoke in opposition to the mask mandate: • Aleta Anderson, citizen • Sara Jones, citizen • Greg Befort, citizen Lake Havasu City Page 1 Printed on 10/14/2020 City Council Minutes - Final September 22, 2020 • Sandy Seadorf, citizen • John Heinzy, citizen • Bobbie Klung, citizen • Dale Ray, citizen • Frankie Lyons, citizen • Kelly Austin, citizen • Jeremy Razore, citizen • John Yola, citizen • Elizabeth Companion, citizen • Bob Bendles, citizen The following public written comments were received in opposition to the mask mandate and read into the record: • Ron Danielson, citizen • Janet Grippi, citizen The following public written comments were received in favor of the mask mandate and read into the record: • Lavina Pettigrew, citizen • Marie Jackson, citizen • Cheryl Kochever, citizen • Kristina Ward, citizen • Joelle Oliver, citizen Mayor Sheehy clarified that regardless of the local mask proclamation, the state requirement is for gyms, fitness centers, bars, restaurants, and theaters to require masks. He added that private business can also choose to have a mask requirement. 6. CONSENT AGENDA 6.1 ID 20-2534 Approve the August 27, 2020, City Council Work Session Minutes and September 8, 2020, City Council Special Meeting and Regular Meeting Minutes (Kelly Williams) 6.2 ID 20-2526 Adopt Resolution No. 20-3442 Ratifying the Submission of a Grant Application to Walmart Community Grant Program to Purchase Community Risk Reduction Equipment (Chief Pilafas) 6.3 ID 20-2528 Adopt Resolution No. 20-3443 Approving and Authorizing the Police Chief’s Execution of the Program-Funded State and Local Task Force Agreement with the Drug Enforcement Administration for the DEA Phoenix Task Force (Chief Doyle) Lake Havasu City Page 2 Printed on 10/14/2020 City Council Minutes - Final September 22, 2020 6.4 ID 20-2535 Adopt Resolution No. 20-3444 Approving an Intergovernmental Agreement with the Mohave County Flood Control District to Facilitate Receiving FEMA Cooperating Technical Partners Grant Funding for the Low Impact Development Master Plan and Modeling Update (Dustin Salisbury) 6.5 ID 20-2529 Approve Case Management Software Agreement with Karpel Computer Systems, Inc. (Kelly Garry) 6.6 ID 20-2533 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, October 13, 2020 (Kelly Williams) Councilmember Coke moved to approve the Consent Agenda with the correction to Item 6.1 approval of minutes (excluding the approval of the August 27, 2020, City Council Work Session Minutes), seconded by Councilmember McCoy, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 20-2530 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) City Clerk Kelly Williams announced the current vacancies on various Lake Havasu City Boards, Committees, and Commissions. She added that applications are available on the City’s website at www.lhcaz.gov. 7.2 ID 20-2532 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Mayor Sheehy proclaimed September 21-25, 2020, as Community Emergency Response Team (CERT) Week • The following City employees were recognized for their outstanding customer service: o Clarence (Lolly) Gaceta, Parks Maintenance o Jamie Wilson, Public Works • A Halloween Drive-In Movie Fundraising Event will be held at SARA Park Rodeo Grounds on October 29, 2020, at 7:00 p.m. • Census 2020 update. • COVID-19 update. 8. PUBLIC HEARINGS Lake Havasu City Page 3 Printed on 10/14/2020 City Council Minutes - Final September 22, 2020 8.1 ID 20-2510 Series #7 Beer & Wine Bar Liquor License, Innovative Health and Wellness Center, 297 Lake Havasu Avenue South #200/Tilgner (Kelly Williams) Ms. Williams advised that Ms. Summer Yvonne Tilgner has applied for a Series #7 Beer & Wine Bar Liquor License for Innovative Health and Wellness Center located at 297 Lake Havasu Avenue South #200. Ms. Williams stated that all posting requirements have been met, all fees have been paid, and no objections were received. She added that the location is properly zoned for a beer and wine bar liquor license. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing and added that no written public comments were received. Councilmember Dolan moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #7 beer & wine bar liquor license for Innovative Health and Wellness Center, 297 Lake Havasu Avenue South #200, seconded by Councilmember McCoy, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 8.2 ID 20-2537 Adopt Resolution No. 20-3445 Opposing the Transfer of 4th Priority Colorado River Water from GSC Farm, LLC, to the Town of Queen Creek (Kelly Garry) City Attorney Kelly Garry addressed the Council and said in August of 2019, GSC Farm (GSC) and the Town of Queen Creek submitted a request proposing to transfer 2,083.1 acre feet of GSC’s Arizona fourth priority Colorado River Water entitlement to the Town of Queen Creek. Ms. Garry said the water is currently held under contract directly between GSC and the U.S. Bureau of Reclamation and is used to irrigate approximately 485 acres of farm land in the Cibola Valley Irrigation & Drainage District in La Paz County. She said under the proposal the 485 acres of land will be retired from agricultural use and the 2,083.1 acre feet of Colorado River Water will be transferred to Queen Creek. Ms. Garry said Queen Creek proposes to use the water for municipal uses within its service area located in Maricopa and Pinal Counties. She said this proposed conveyance would change the place of use and the type of use associated with the existing Colorado River Water entitlement, including a 13-month process in a letter dated September 4, 2020, the Director of the Arizona Department of Water Resources recommended that the Secretary of the Interior approve a partial transfer of 1,078.1 acre feet of GSC’s fourth priority Colorado River Water entitlement to Queen Creek based on the need to retain water to serve a future housing development on the property without negatively impacting other Colorado River users. She said the Secretary of the Interior is responsible for making Lake Havasu City Page 4 Printed on 10/14/2020 City Council Minutes - Final September 22, 2020 the final decision including performing any national environmental protection act compliance actions. Ms. Garry stated that the recommendation by the Director of the Arizona Department of Water Resources reverses a long held policy regarding Colorado River allocations in Arizona which holds that 164,652 acre feet per year of fourth priority water, of which GSC’s entitlement is part of, is reserved for the use on the main stem of the Colorado River which are the communities and users located adjacent to the Colorado River for agricultural, municipal and industrial uses. Ms. Garry noted that permanent transfers of water entitlements from small river communities to benefit urban areas which have alternative water supplies available to them sets a bad precedent and places the local water supply and economic future of rural jurisdictions at risk. She said the Council is urged to adopt the proposed resolution opposing this permanent transfer which will be transmitted to the Secretary of the Interior. Mayor Sheehy noted that the Mohave County Water Authority also approved a resolution opposing this permanent water transfer. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing and added that no written public comments were received. Vice Mayor Lane moved to adopt Resolution No. 20-3445 opposing the transfer of Fourth Priority Colorado River Water from GSC Farm, LLC, to the Town of Queen Creek, seconded by Councilmember McCoy, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 8.3 ID 20-2525 Approve Purchase of a Starcraft Starlight Ford Transit Bus and a Arboc Low Floor Bus from Creative Bus Sales Utilizing Arizona State Contract (Patrick Cipres) Havasu Mobility Program Supervisor Patrick Cipres advised that the item before the Council is approval to purchase two buses from Creative Bus Sales under the state contract. Mr. Cipres reviewed the seating capacity, accessibility, license requirements, costs, and delivery timeframes for the Starcraft Starlight Ford Transit and the ARBOC Spirit of Freedom. He provided an update on the Transit Department Implementation Plan as follows: • February 2020 through June 2020, the Transit Department has worked on creating a comprehensive implementation plan that would provide multiple layers of public transportation for the City Lake Havasu City Page 5 Printed on 10/14/2020 City Council Minutes - Final September 22, 2020 • Transit services will be provided through various service delivery types that work with our unique community • Funding is provided through the Cares Act, 5307 Federal Transit Administration (FTA) apportionment and the General Fund/Transit budget • Two key projects that are being implemented this year are the purchase of two new buses and a Dispatch Solution Software Platform using Cares Act and 5307 FTA funds Vice Mayor Lane asked about wheelchair accessibility, to which Mr. Cipres said the ARBOC Spirit of Freedom can accommodate up to 14 people including two wheelchairs. Mr. Cipres added that they have been conducting pilot runs throughout the downtown area to collect data on the interest points with an approximate launch date of the program in July 2021, and added that they have identified the Pima Wash parking lot and Paseo del Sol/London Bridge Road lots as possible transit hubs. Mayor Sheehy opened the public hearing. Ms. Williams said one written public comment was received on Tuesday, September 22, 2020, with a subject line of “City Council public comments,” and read the written comment into the record as follows: “I am unable to attend in person tonight, but wanted to express my support of our local transit system, and specifically the value of wheelchair accessible buses. I believe our community leaders have taken a proactive and thoughtful analysis regarding the needs of our city, as well as the important demographic of our senior winter visitors. As a wheelchair user myself, I know that the drivers at Havasu Mobility place passenger safety, security, comfort and well being as their top priority. With some people needing a longer recovery time from COVID, American baby-boomers booming, and the growth of our city, the timing for these changes couldn't be better. Thank you! (submitted by) Patricia Perez.” There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Dolan moved to approve the purchase of two buses from Creative Bus on the Arizona State Contract in the amount of $197,192, seconded by Councilmember Coke, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 9. CURRENT EVENTS Vice Mayor Lane gave an update from the LHC Resource Alliance. 10. CALL TO THE PUBLIC Lake Havasu City Page 6 Printed on 10/14/2020 City Council Minutes - Final September 22, 2020 Ms. Bonnie Toy, citizen, addressed the Council requesting that they rescind the mask mandate versus letting the proclamation expire. Ms. Williams said one written public comment was received on Tuesday, September 22, 2020, with a subject line of “City Council public comments,” and read the written public comment into the record as follows: “Closing Call to the Public, Due to the unexpected spike of virtual interaction, Suddenlink has had a few outages. Internet connectivity is essential to me now more than ever. In addition to shopping, I depend on my Alexa to dial the phone if I fall, because my service dog, trained to bring me a phone, is getting older and transitioning herself into retirement. Our local office has been great about keeping my internet up and running, yet I still maintain the expense of a second cell phone to use as a hotspot because this is an essential utility for me. I am optimistic that this is a temporary issue, but wanted to mention it. Thank you, (submitted by) Patricia Perez.” 11. FUTURE MEETINGS Tuesday, October 13, 2020 @ 6:00 p.m. – Regular Meeting Tuesday, October 27, 2020 @ 6:00 p.m. – Regular Meeting 12. FUTURE DISCUSSION ITEMS Councilmember Dolan requested a future agenda item if the mask mandate was extended beyond October 15, 2020. There was consensus from the Council for a future agenda item if an extension is deemed an option. 13. ADJOURN Upon motion by Vice Mayor Lane and seconded, the meeting adjourned at 7:37 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 22nd day of September, 2020. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk/MMC Lake Havasu City Page 7 Printed on 10/14/2020