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, November 10, 2020 6:00 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 6:00 p.m. Mayor Sheehy announced that 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. 2. INVOCATION: Pastor Dean Wiles, Abundant Grace Church Pastor Dean Wiles with Abundant Grace Church gave the invocation. 3. PLEDGE OF ALLEGIANCE: Marine Corps League Members from the Marine Corps League 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, Jim Dolan, and Michele Lin were present via remote conferencing. 5. CALL TO THE PUBLIC Mr. Steve Irwin, with American Red Cross in Lake Havasu City, gave an update on the blood drive and Sound the Alarm Program. He said their Disaster Relief Teams respond to home fires, floods, evacuation centers, and cooling and warming centers. He said due to storms around the nation this year, thousands of volunteers have worked timelessly providing over 1.2 billion hotel accommodations, serving 2.9 million meals, providing care to over 18,000 people with a medical disability or emotional support, and providing 8,000 homeowners financial aid to help replace essential items. Lake Havasu City Page 1 Printed on 11/25/2020 City Council Minutes - Final November 10, 2020 Mr. Bill Mitchell, citizen, addressed the Council and said the Council does a great job but needs to do more and urged the Council to lift the emergency declaration and declare Lake Havasu City a constitutional sanctuary city. Mr. Stephen Tuminello, citizen, addressed the Council and said he is an executive with the Constitutional Sheriffs and Peace Officer Association founded by former Arizona Sheriff Richard Mack and is proud that Mohave County was the first county in Arizona to declare a second amendment sanctuary county. He said they feel strongly about all of their rights under the supreme law of the land and constitution and would like Mohave County to become the first jurisdiction in Arizona to become a constitutional sanctuary. He said the damage caused economically, physiologically, and physiologically to the citizens of this city and county from covid-19 are immeasurable. Ms. Diane Gaynor-McCue, citizen, addressed the Council and expressed her gratitude to the Mayor and Council for their wisdom and leadership during the pandemic. She also thanked Councilmember McCoy for her years of service and efforts on so many important projects in the community, and her love for and commitment to the people of Lake Havasu City. Ms. Christine Simmons, citizen, addressed the Council concerning the trash in the desert and high landfill fees. She asked why the landfill is closed on Sunday and noted that many people are not aware that they can schedule six free bulk trash pick-ups each year. She asked if the City could relay this information as it may help deter people from dumping large trash items in the desert. She added that they are coordinating another desert trash cleanup day in March 2021. Ms. Frankie Lyons, with Veterans United, addressed the Council and said at a recent Stand-Down event (with over 300 people) someone who knowingly had covid-19 attended the event. She said it was unacceptable that she nor anyone at the event was contacted and when she spoke to the Mayor she was told that it is up to Mohave County Health Department which she feels is unacceptable. Ms. Lyons said the City Council needs to support the men and women in public safety and said the City Council just received a raise but public safety did not. Ms. Lyons said the City Council needs to stop spending money on “legacy” items and needs to be more transparent. Mayor Sheehy clarified that public safety did receive a raise as a result of the positional analysis study and the City Council will not receive a raise for two years. Ms. Sara Jones, citizen, addressed the Council regarding a discouraging meeting she had with the Mayor recently about the $6.4 million in CaresAct funding, risk numbers and hospital beds, and dangers of the Governor sitting on the board of TGen. She said despite Lake Havasu City Page 2 Printed on 11/25/2020 City Council Minutes - Final November 10, 2020 all the information, the Mayor and City Council continue to go along with everything and urged the City Council to lift the local emergency proclamation that was put on illegally when there were zero cases and no emergency at that time. Ms. Janet Grippi, citizen, addressed the Council and said the Mayor challenged her to find another city that has given CaresAct funding to businesses and stated that she found three: Surprise, Tempe, and Mesa. She said all three cities have given anywhere between $1,500 and $10,000 to businesses under 25 people. She spoke concerning the faulty PCR tests and said she would like the City Council to follow the constitution as the citizens need a lawful and constitutional city, county, and state. Mr. David Learner, citizen, addressed the Council regarding the constitution of the United States. He said he was thrown out of store and was told that the Mayor had given local stores this authority under their discretion. He asked why the Mayor would give any store the authority to strip away his first amendment right. He said when this is over the City Council will be responsible and it will be done with law and order. City Clerk Kelly Williams said one written public comment was received on Tuesday, November 10, 2020, with a subject line of “Golf Course Pond Scum.” Ms. Williams read the written public comment into the record as follows: “Gentlemen: In January of this year the Lake Havasu City Golf Course Company (LHCGCC) started dumping truckloads of pond scum north of the forth fairway. When LHCGCC started dumping the odor was putrid, I called code enforcement and they told me the City had given the golf course permission to dump the pond scum even though it was against the City Code. Over the past 10 months LHCGCC have moved the scum from one place to another but always in the same area. As the scum dries it turns to a fine powder. Each time they move the stench returns and the powder flies all over. Today is Sunday, November 8, 2020. The winds are blowing 15 to 20 MPH with gusts 30 MPH or the more and the powder is flying everywhere. The air filters in my house are filled with this stuff. This area happens to be the backyards of houses on Jones Drive. The numbers of the houses affected are 250, 260, 270, 280, 290, 300. You not only have people on Jones Drive but you also have golfers breathing in the fine powder. This scum has to be removed immediately and put in a landfill somewhere. Your prompt attention to this matter is greatly appreciated. Regards, (submitted by) Dennis Donnelly.” 6. CONSENT AGENDA 6.1 ID 20-2581 Approve the October 27, 2020, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 20-2575 Adopt Resolution No. 20-3453 Approving the One Arizona Opioid Settlement Memorandum of Understanding (Kelly Garry) Lake Havasu City Page 3 Printed on 11/25/2020 City Council Minutes - Final November 10, 2020 6.3 ID 20-2573 Approval of the Final Subdivision Plat for Tract 2401, The Ridges at Havasu Riviera, Dividing Approximately 25 Acres into 67 Residential Lots (Stuart Schmeling) 6.4 ID 20-2580 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, November 24, 2020 (Kelly Williams) Councilmember Coke moved to approve the Consent Agenda as presented, 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 20-2578 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 20-2579 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Mayor Sheehy presented Councilmember Coke with a Certificate of Recognition from the League of Arizona Cities & Towns for eight years of service with Lake Havasu City. • Mayor Sheehy presented Councilmember McCoy with a Certificate of Recognition from the League of Arizona Cities & Towns for eight years of service with Lake Havasu City. • Reported various events and special recognitions. • A Household Hazardous Waste Day will be held on Saturday, December 12, 2020, from 8:00 a.m. to 12:00 p.m., at the Lake Havasu Fire Station #2 located at 2065 Kiowa Boulevard. • Recognized the United States Marines Corps on their 245th birthday on November 10, 2020. • City offices will be closed on Wednesday, November 11, 2020, in observance of Veterans Day holiday. • COVID-19 update. 8. PUBLIC HEARINGS Lake Havasu City Page 4 Printed on 11/25/2020 City Council Minutes - Final November 10, 2020 8.1 ID 20-2553 Series #12 Restaurant Liquor License, Montana Steak House, 3301 Maricopa Avenue/Frelich (Kelly Williams) Ms. Williams advised that Ms. Amanda Laraine Frelich has applied for a Series #12 Restaurant Liquor License for Montana Steak House located at 3301 Maricopa Avenue. 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 restaurant liquor license. There were no comments or questions from the Council. 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 McCoy moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #12 restaurant liquor license for Montana Steak House, 3301 Maricopa Avenue, 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 8.2 ID 20-2554 Series #12 Restaurant Liquor License, The Fresh Herb, 161 Swanson Avenue #C/LaTraverse (Kelly Williams) Ms. Williams advised that Ms. Tonja Lynne LaTraverse has applied for a Series #12 Restaurant Liquor License for The Fresh Herb located at 161 Swanson Avenue #C. 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 restaurant liquor license. There were no comments or questions from the Council. 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 #12 restaurant liquor license for The Fresh Herb, 161 Swanson Avenue #C, seconded by Vice Mayor Lane, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan Lake Havasu City Page 5 Printed on 11/25/2020 City Council Minutes - Final November 10, 2020 8.3 ID 20-2574 Approve Cooperative Purchases and Annual Expenditures Over $50,000 for Electric Motor and Motor Controls: Rewind, Repair Services, and Purchases from Keller Electrical Industries, LLC (Greg Froslie) Public Works Manager Mark Clark advised that the item before Council is approval of a cooperative purchase agreement for expenditures exceeding $50,000 for replacement of motors and motor controls in the Water Department utilizing a cooperative purchase agreement from the City of Tucson. There were no comments or questions from the Council. 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 approve the execution of a Cooperative Purchase Agreement utilizing the City of Tucson, Arizona Contract No. 161530, through January 17, 2022, with Keller Electrical Industries, LLC, authorize the City Manager to execute the Agreement, authorize City staff to execute any additional renewal options, and to exceed $50,000 in annual expenditures for the term of the Cooperative Agreement, 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 8.4 ID 20-2577 Update on AZCares Fund Program Distribution to Lake Havasu City with Potential Direction Provided to Staff (Jill Olsen) Administrative Services Director Jill Olsen said in June 2020 the City Council adopted a resolution which authorized the submission of documents required for the City to accept AZ Cares funding from the State of Arizona in the amount of $6,413,269, for the purpose of offsetting the regular payroll cost for public safety. Ms. Olsen stated the funding was received in July 2020, and since the City already budgeted funds for public safety payroll costs, the application of the AZCares funds to the public safety costs freed up $6.4 million in the General Fund to be used for other related purposes. Ms. Olsen reviewed the following Council approved expenditure of General Fund savings: • Courthouse (92 Acoma) down payment - $2,004,000 • Resource Alliance Grant - $250,000 • Position Analysis Implementation - $2,431,580 Ms. Olsen reviewed the following items for the Council’s consideration and discussion for the potential of additional General Fund savings: Lake Havasu City Page 6 Printed on 11/25/2020 City Council Minutes - Final November 10, 2020 • Courthouse payments through 12/28/2021 - $141,405 • Courthouse immediate costs (utilities, etc.) - $75,000 • Courthouse payoff at 1/1/2022 - $890,075 Ms. Olsen reviewed the following additional public safety capital outlay requests from the Police and Fire Departments: • Police Department o Emergency Response Vehicle - $292,847 • Fire Department o Replace Fireboat Pumps - $60,000 o 2 Used Response Vehicles (ARV) - $150,000 She said staff is looking for discussion and direction from Council on the courthouse payments and immediate costs and payoff, as well as the additional public safety requests from the Police and Fire Departments. Councilmember Groat said he tends to hesitate when he sees the militarization of a civilian police force but this armored personnel carrier is an important tool and safety vehicle for the protection of Police Department personnel and citizens. Councilmember Lin requested more information on the emergency response vehicle, to which Police Chief Dan Doyle said it is a vehicle that the Police Department has wanted to purchase for many years. He explained that it is an armored vehicle and noted that when it comes to things like armor, the military and law enforcement may use the same equipment but it does not mean that law enforcement is militarized. Chief Doyle said he looks at it as a mindset and is very sensitive to that with his officers in that we are not military and do not refer to ourselves as police and civilians. He said we are all civilians because we are not in the military and how we deal with the community is that we are part of the community and are not an occupied force. He said that is one of the reasons why the Police Department does not go out and search for military surplus. Chief Doyle explained that the Police Department has had a number of incidences over the last few years, one just recently, where the Police Department did not have anything that would allow them to move up closer on scene and their only options are to call in an armored vehicle from Bullhead, Kingman, or the Sheriff’s office which is at least an hour and a half wait. He said there are many uses for an armored vehicle and said currently the extent of the Police Department’s armor is handheld shields which are very limited. Chief Doyle noted that the Police Department is looking at a BearCat which is the most common vehicle used by law enforcement in the United States. Councilmember Groat asked Chief Doyle what year and model they are looking to purchase, to which Chief Doyle said 2021 depending on the build-time which takes Lake Havasu City Page 7 Printed on 11/25/2020 City Council Minutes - Final November 10, 2020 approximately nine months. Vice Mayor Lane said there are military surplus vehicles available at a lower rate but the repairs and parts are more expensive. Chief Doyle said the most common armored vehicle from military surplus are the MRAPs which are large and sit high off the ground. He added that they would be very difficult for the maintenance shop to repair and the tires are expensive and not readily available. Mayor Sheehy asked about the fire boat pumps and used ARV vehicles, to which Fire Chief Peter Pilafas said currently the Fire Department has one fire boat pump that is out of service. He said the Fire Department identified these as a need and good use of funds to be able to provide adequate fire suppression on the fire boat. He said they are also looking at different staffing models for the Fire Department and currently one of their ARVs can only have one frontline which would give them the opportunity to have a reserve to put an alternate vehicle in response instead of responding with engines. Mayor Sheehy said staff is looking for discussion and direction from the Council on using funding for these additional assets for police and fire, as well as funding towards the courthouse debt payoff and additional courthouse costs in the current budget year. Councilmember McCoy asked if there is available funding in the General Fund to do all or only part of the items, to which Mayor Sheehy said the funding would be part of the $6.4 million in AZCares funding that the City received and added that there is money in the budget to allow staff the flexibility to use the funds as requested, but noted that it would be through the savings from the AZCares funding. Mayor Sheehy provided some history on the CARES Act bill which was signed into law on March 27, 2020, and had several tranches that included stimulus monies to governments that were either awarded directly (if over 500,000 population) or awarded to the governor and distributed to cities based on census data. Mr. Knudson said staff has identified where the dollars have been used as well as a plan for the use of the remaining funds moving forward. Councilmember McCoy asked if this would deplete all the funding or would remaining funding be available in the event of an emergency, to which Mayor Sheehy said there still would be remaining monies in the CaresAct funding should the will of the Council be to increase the amount of business support. Vice Mayor Lane reported that (to date) the Lake Havasu City Resource Alliance has spent $210,197.10, of the $250,000 grant, to help local businesses. Councilmember Groat asked why the City would not want to keep some of the value of the courthouse on long-term credit as opposed to taking all of the available cash away Lake Havasu City Page 8 Printed on 11/25/2020 City Council Minutes - Final November 10, 2020 from other uses such as assisting local businesses, and asked if it would be wise or very difficult for the City to carry the cost of the courthouse through a standard mortgage, to which Ms. Olsen said if the City were to carry the cost it would be a low interest rate, it is just the philosophy of whether the City wants to carry that additional debt on the books or have the asset on the books without the associated debt. She said because the City cannot make the courthouse payoff until 2022 there is some time for the Council to set the funding aside for further discussion during the upcoming budget process where they can determine whether to continue making monthly payments and retain that debt on the books. Ms. Olsen noted that the courthouse agreement does not allow the City to carry it for more than two or three years so it would be a fairly short term which would give Council a little opportunity to use the money for other purposes while carrying the debt but would be nothing long term. She said as part of the budget process staff can look at finding additional funds in the budget or apply this to the other items and look at other opportunities for carrying that debt forward. Ms. Olsen said she did not feel that the Council needed to make a final decision on the courthouse item tonight, but could set it aside and have further discussion as part of the upcoming budget process. Mayor Sheehy said staff is looking for direction and noted that any item over the threshold would be brought before the City Council for approval. He added that as Ms. Olsen explained the City will have approximately $1 million allocated for future years ($100,000 that has not been spent and $890,075 for the payoff in 2022) that gives the City the flexibility over the next two years should response efforts to the pandemic to assist citizens, businesses, or first responders or other needs arise. There was consensus from the Council for staff to earmark/allocate the funds going forward and start the purchase of the emergency response vehicle for the Police Department and fireboat pumps and ARV vehicles for the Fire Department. 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, November 24, 2020 @ 6:00 p.m. – Regular Meeting Tuesday, December 8, 2020 @ 6:00 p.m. – Regular Meeting 12. FUTURE DISCUSSION ITEMS There were no requests for future discussion items. 13. ADJOURN Upon motion by Vice Mayor Lane and seconded by Councilmember McCoy, the meeting Lake Havasu City Page 9 Printed on 11/25/2020 City Council Minutes - Final November 10, 2020 adjourned at 7:27 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 10th day of November, 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 10 Printed on 11/25/2020