City Council

Mayor Cal Sheehy Lake Havasu City Vice Mayor Jeni Coke Police Facility Councilmember Nancy 2360 McCulloch Blvd North Campbell Lake Havasu City, Arizona Councilmember Jim Dolan 86403 Councilmember David Lane www.lhcaz.gov Councilmember Michele Lin Councilmember Cameron Moses City Council Regular Meeting Minutes - Final Tuesday, October 12, 2021 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: Chaplain Bea Evans, City On A Hill International Church Chaplain Bea Evans, City on a Hill International Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Young Adult Development Association of Havasu (YADAH) Members from the Young Adult Development Association of Havasu (YADAH) led in the Pledge of Allegiance. 4. ROLL CALL Present: 7- Mayor Cal Sheehy, Vice Mayor Jeni Coke, Councilmember Nancy Campbell, Councilmember Jim Dolan, Councilmember David Lane, Councilmember Michele Lin and Councilmember Cameron Moses 5. CALL TO THE PUBLIC Chaplain Bea Evans, citizen, addressed the council and said there has been so much unkindness and disrespect directed at the Mayor and Councilmembers that she wanted to express her appreciation and thanks to the City Council for all that they do. She added that the new lighting on the London Bridge is beautiful. The following individuals addressed the council requesting the reconsideration of the water and sewer rate charges for condominium and commercial buildings: • Mr. John Migaiolo, citizen • Mr. Dave Harvey, citizen Lake Havasu City Page 1 Printed on 10/28/2021 City Council Minutes - Final October 12, 2021 • Mr. Robert Fisher, citizen • Mr. Don Wisdom, citizen Mayor Sheehy said the council will be discussing the water and sewer rates charges at the next City Council meeting on October 26, 2021, at 6:00 p.m. Mr. Mark Stansbury, citizen, addressed the council and suggested the city suspend the current water and sewer rate increase until the issued is revisited. He said for those Homeowner Associations (HOA) that have enough reserves to cover the water rates, the reserves will go down so low that the units will not be saleable to anyone with a conventional loan and no cash buyer will buy a condominium if the HOA is near insolvency. Mr. Greg Befort, citizen, addressed the council apologizing for his tone at the last Coffee with the Mayor and City Manager. He spoke concerning his passion for humanity, the COVID-19 narrative, local emergency proclamation, and mandatory vaccinations. He asked the council to correct course with the local emergency proclamation to protect the rights of the citizens. Ms. Christine Simmons, citizen, addressed the council and said she recently joined the Patriotic Americans for Constitutional Education (PACE) group that educates students on the Constitution and Bill of Rights. She added that they meet the second Tuesday of every month at 10:00 a.m. at the American Legion and invited the council to attend. Mr. Greg Logan, citizen, requested the City Council revisit Ordinance No. 19-1214 adopted in March 2019, which amended the Lake Havasu City Code Chapter 2.04 regarding agenda items, procedures, and items placed before the City Council for consideration or potential action. He said Sections 2.04.280 and 2.04.290 give the City Manager too much authority to negate any requests from a single council member or the public, or determine the best course of action. He said it is imperative that the elected representatives and officials set the agenda. Ms. Diane Klostermeier, citizen, requested the content of Lake Havasu City Code Chapter 2.04 be placed on a future agenda for discussion and consideration to revise and restore the authority of agenda items upon the City Council. Mr. Bill Mitchell, citizen, addressed the council regarding Ordinance No. 19-1214 and said he would like to see the authority with the City Council so citizens can hold the council, not city manager, responsible for whether items are heard. Mr. Artie Collins, citizen, addressed the council and said he would like to see the city be Lake Havasu City Page 2 Printed on 10/28/2021 City Council Minutes - Final October 12, 2021 more involved with events on Main Street and attend future Main Street Association meetings. City Clerk Kelly Williams stated that one public written comment was received, and read the comment into the record as follows: “My name is Karen J. Vanderjagt, a 45 year resident of Lake Havasu. I’m addressing the council in regards to the over-reach and chipping away of the rights and liberties of the citizens of Lake Havasu by the very people who should be protecting our rights as servants not tyrants. You work for us, the citizens, not the other way around. Case in point, it was brought to my attention in the paper that the council wants to vote to change an event approval from 30 days to two months. For who? For what reason? Probably the convenience of someone, certainly not the event planner. The decision will probably be “willy-nilly,” of yeah! That’s a good idea, meets our needs. Instead you should be asking the hard questions like you really are representing us. Here are the questions you should be asking: Isn’t this one more unneeded government over-reach that is unnecessary? How will this affect the citizens? Did we get some input from the people we work for, the citizens? How is this helping to create the trust our public has put in us by making a decision that just benefits a small amount of people? Is it necessary to require more restrictions when the goal should be each citizen governing his own behavior? And, yes, that last question, should be asked of each of you. Your job is to represent our interest, the citizens, not for the convenience of your government bureaucracy. Please, I implore you, start acting like you are one of us, ask the hard questions. Limit government and do all you can to preserve our liberties.” 6. CONSENT AGENDA 6.1 ID 21-3003 Approve the September 28, 2021, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 21-2996 Adopt Resolution No. 21-3534 Approving Abandonment of the Entire 20-Foot by 125-Foot Public Utility and Drainage Easement Located Along the Southerly Property Line of Tract 135A, Block 3, Lot 34 (Luke Morris) 6.3 ID 21-2998 Adopt Resolution No. 21-3535 Approving and Authorizing Execution of Instruments Necessary to Vacate and Convey Parcel I, approximately 5,000 square feet of roadway, located between Lots 10 and 11 of Tract 2217, Block 17 (Luke Morris) 6.4 ID 21-3000 Approval of the Final Plat for Spawr Subdivision, 2051 Spawr Circle, Tract 2343, Block 1, Lot 4-B-1, Creating Two Commercial Lots in the Light Industrial (LI) District (Luke Morris) 6.5 ID 21-3002 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, October 26, 2021 (Kelly Williams) Lake Havasu City Page 3 Printed on 10/28/2021 City Council Minutes - Final October 12, 2021 Vice Mayor Coke moved to approve the Consent Agenda as presented, seconded by Councilmember Dolan, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Coke, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 21-2997 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) Ms. Williams announced the current vacancies on various Lake Havasu City Boards, Committees, and Commissions. She added that applications are available at City Hall and on the City’s website at www.lhcaz.gov. 7.2 ID 21-3001 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Acknowledged the retirement of Lake Havasu City Firefighter Joe Blanchard with 20 years of service. • Announced various events, ceremonies, and proclamations. • The Golden (50th) Anniversary of the Dedication of the London Bridge will be held on October 28, 2021, at 4:00 p.m. under the London Bridge. • Lake Havasu City is hiring full-time and part-time positions. Job postings can be found on the City’s website at www.lhcaz.gov. • COVID-19 update. 8. PUBLIC HEARINGS 8.1 ID 21-2979 Series #8 Conveyance Liquor License, Dixie Belle, 1477 Queens Bay/Fernung (Kelly Williams) Ms. Williams advised that Keith Fernung has applied for a Series #8 Conveyance Liquor License for Dixie Belle, located at 1477 Queens Bay. She said 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 Series #8 liquor license. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Campbell moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #8 conveyance liquor license for Dixie Belle, 1477 Queens Bay, seconded by Councilmember Lane, and carried by the following vote: Lake Havasu City Page 4 Printed on 10/28/2021 City Council Minutes - Final October 12, 2021 Aye: 7 - Mayor Sheehy, Vice Mayor Coke, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses 8.2 ID 21-2987 Series #10 Beer & Wine Store Liquor License, Sunny Stop Gas, 1732 McCulloch Boulevard South/Ozcan (Kelly Williams) Ms. Williams advised that Harun Ozcan has applied for a Series #10 Beer and Wine Store Liquor License for Sunny Stop Gas, located at 1732 McCulloch Boulevard South. She said 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 Series #10 liquor license. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Moses moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #10 beer & wine store liquor license for Sunny Stop Gas, 1732 McCulloch Boulevard South, seconded by Vice Mayor Coke, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Coke, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses 8.3 ID 21-2999 Adopt Ordinance No. 21-1270 Amending Lake Havasu City Code Chapter 9.20, Special Events, Section 9.30.020, Noise - Exceptions, and Section 8.16.300, Special Events - Permit Required, to Update Special Event Process and Requirements (Anthony Kozlowski) Assistant to the City Manager Anthony Kozlowski said this ordinance was introduced at the September 28, 2021, meeting and streamlines the special event process for event vendors and promotors. He said the City reached out to various promoters (Desert Storm, IJSBA, Arizona State Parks, and Go Lake Havasu) to gather feedback on the application process and improve communication between the applicant and staff to ensure safe and successful events. Through the process, it was determined to increase the application submittal timeframe from 30 to 60 days for larger events and events that require communication between staff, street closures, and detailed trash plans to ensure proper planning, cleanup, and safety for residents and attendees. Mayor Sheehy said the application timeframe for larger events is 60 calendar days; however, there is some flexibility built in for a shorter timeframe for events that come up or smaller events that do not require full street closures or police details. He added that this ordinance codifies the process and brings certainty to event organizers. Lake Havasu City Page 5 Printed on 10/28/2021 City Council Minutes - Final October 12, 2021 Councilmember Moses asked what the timeframe was to receive a special event liquor license. He said based on his experience applicants need more than two months to obtain a liquor license, to which Mr. Kozlowski explained the city’s application process for special event liquor licenses with recommendation to the Arizona Department of Liquor License and Control (ADLLC). He said currently the ADLLC’s approval process has been slow requiring more planning time. Councilmember Lin asked if staff had any issues with the 30-day application timeframe, to which Mr. Kozlowski explained that the city was receiving applications two weeks prior to an event that did not allow enough time for proper road closures as well as review and recommendations from staff. He added that this process and handbook would help educate event organizers on the planning process and timeframes. Councilmember Lin asked who would make the decision regarding special exceptions, to which Mr. Kozlowski said he would make those decisions and would work with the applicant and educate them on the process and timeframe for future events. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Dolan moved to adopt Ordinance No. 21-1270 amending City Code Sections 9.30.020 and 8.16.300, seconded by Councilmember Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Coke, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses 8.4 ID 21-2981 Award Bid for Citywide Pest and Weed Control Services to Havasu Pest Control Inc. (Ken Porosky) Public Works Management Analyst Shannon Blakey said this item is to award bid for citywide pest and weed control services. She said the bid was divided into three categories: Pest Control (Category A), Weed Control (Category B), and Miscellaneous Services (Category C); however, Category C has been removed at this time from award considerations. She said two bids were received with Havasu Pest Control being the low bidder at $142,620. Ms. Blakey outlined the following in her presentation: • The City currently uses four different companies to meet our weed and pest control service needs. • The centralization of the services under one contract provides for a better use of staff resources and the ability to coordinate the weed and pest control Lake Havasu City Page 6 Printed on 10/28/2021 City Council Minutes - Final October 12, 2021 services. • The proposed contract is a year-to-year contract with a maximum term of five years. This approach provides the City with the flexibility to annually assess the situation to determine the best approach. • The City spent $55,855.48 on contracted weed and pest control services last year. This figure does not include the expanded list of sites that are included on the proposed contract, which include an additional 9 areas for pest control and 47 for weed control. o Areas now included are: Police facilities, 15 booster stations, and additional highway and roadways. • Total staff time spent on pest and weed control services in a year is approximately 1,000 hours. 11 people were needed to cover all the areas. • In addition to a reduction in City man hours, the City will realize a reduction in chemicals and product costs needed to provide these services in-house. • Staff evaluated components of the bids received in addition to the bid submitted to the selection committee. These items included: o Additional costs.  One proposal included additional fees for callbacks. The selected bid does not.  One proposal included additional fees for after-hours services. The selected bid does not. o Warranties.  The selected bid includes longer warranty periods than the other proposer. o History.  The City has experience with using both of the companies who provided a bid and has a greater comfort level with the services that are provided with the proposed vendor. o Details.  The proposed vendor provided a comprehensive list of chemicals used and a quick response time to emergencies and as-needed services provided. Mayor Sheehy asked if weed and pest control services were previously performed all in-house or were augmented with in-house, to which Ms. Blakey said city staff previously performed weed control in-house at several facilities that were not included in the regular maintenance throughout the city for pest control services. She said the city included those facilities as a potential savings in cost and resources. Councilmember Lin reviewed the cost savings in each category by bidder. She asked if the city could award to more than one company to save money, to which Ms. Blakey said that is an option, and at the discretion of the council; however, staff was directed to provide a more efficient and coordinated effort citywide and consolidate multiple contracts with Lake Havasu City Page 7 Printed on 10/28/2021 City Council Minutes - Final October 12, 2021 several companies for pest and weed control services. There was discussion regarding the removal of Category C, which included bat removal, mice, bees and wasps. Mayor Sheehy noted that those services would still be performed on an as-needed basis. Mayor Sheehy opened the public hearing. Ms. Cindy Aloe, Parker Pest Control, addressed the Council regarding her bid for pest and weed control services. She said the city can save $50,000 by splitting the bid between the two companies. She said she is familiar with the area of service and this item raises many red flags on why the bid cannot be split and why the city would not want to save money. Mr. Fisher asked if the city would be reducing personnel by streamlining the process, to which Mayor Sheehy said the city currently has multiple providers for pest and weed control services that are augmented using city staff. He said this bid allows the city to save efficiencies and overall costs for pest and weed control. Mr. Knudson said indirectly the answer to Mr. Fisher’s question is yes, as the city is stretched thin with dozens of vacancies throughout the organization. There being no further comments, Mayor closed the public hearing. Mr. Knudson reviewed the procurement and bid process. He said staff identified a need for a centralized process for weed and pest control services as the city is currently using four different businesses for weed and pest control and would like to coordinate these efforts by using one provider. He said during the bid process staff takes into consideration the costs, approach and resources available, and history that the city has with the businesses. He reviewed the breakdown of the categories and noted that Havasu Pest Control is the low bidder when combining Category A and B. Councilmember Dolan asked for clarification on the total cost savings. He said if awarding to one provider, the total cost savings is $10,000; however, if separated, the total cost savings would be $13,000, for pest control services and $22,000, for weed control services. Mr. Knudson said combined, Havasu Pest Control is the low bid. Councilmember Campbell said the bid process included all three categories as one package; therefore, it cannot be split. She added that if the calculation included Category C, Havasu Pest Control is the low bidder; however, there was one extension of a $9.00 x 11,000-square foot line item that was not included which removed Category C completely. Lake Havasu City Page 8 Printed on 10/28/2021 City Council Minutes - Final October 12, 2021 Councilmember Lin asked how often weed control would be treated, to which Ms. Blakey said it would be treated semi-annually and on an as-needed basis. Councilmember Dolan moved to award the bid for Citywide Pest and Weed Control Services to Havasu Pest Control Inc. in the amount not to exceed $142,620.00 and authorize City staff to exercise the option to renew annually for a maximum of four (4) additional twelve (12) month periods, seconded by Councilmember Lane, and carried by the following vote: Aye: 6 - Mayor Sheehy, Vice Mayor Coke, Councilmember Campbell, Councilmember Dolan, Councilmember Lane and Councilmember Moses Nay: 1 - Councilmember Lin 9. CURRENT EVENTS There were no council committee reports. 10. FUTURE MEETINGS Tuesday, October 26, 2021 @ 6:00 p.m. – Regular Meeting Tuesday, November 9, 2021 @ 6:00 p.m. – Regular Meeting 11. FUTURE DISCUSSION ITEMS There were no requests from council for future discussion items. 12. ADJOURN Upon motion by Councilmember Lane and seconded, the meeting adjourned at 7:11 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 12th day of October, 2021. 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 9 Printed on 10/28/2021