City Council

Mayor Cal Sheehy Lake Havasu City Vice Mayor Jim Dolan Police Facility Councilmember Nancy 2360 McCulloch Blvd North Campbell Lake Havasu City, Arizona Councilmember Jeni Coke 86403 Councilmember David Lane www.lhcaz.gov Councilmember Michele Lin Councilmember Cameron Moses City Council Regular Meeting Minutes - Final Tuesday, March 8, 2022 6:00 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 6:00 p.m. 2. INVOCATION: Stephanie Lueras, Christ Chapel Ms. Stephanie Lueras, Christ Chapel, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Department of Veterans Affairs-Lake Havasu Vet Center Mr. Andy Valenzuela, Department of Veterans Affairs-Lake Havasu Vet Center, led in the Pledge of Allegiance. 4. ROLL CALL Present: 7- Mayor Cal Sheehy, Councilmember Nancy Campbell, Councilmember David Lane, Councilmember Michele Lin, Councilmember Cameron Moses, Councilmember Jeni Coke and Vice Mayor Jim Dolan 5. CALL TO THE PUBLIC Ms. Cindy Johnson, citizen, addressed the council regarding the City Council silencing speakers who provided information to the public on the COVID-19 virus and vaccine. She said knowledge is power and any information that benefits the citizens of the community should be pertinent to the jurisdiction of the council. She asked the City Council to do what is right and let the people speak. Ms. Karen Vanderjagt, citizen, addressed the council regarding the increase in gasoline costs and encouraged the City Council to propose an ordinance to protect the citizens in Lake Havasu City from price gouging. Mr. Titus Warf, citizen, addressed the council and spoke concerning an indecent exposure incident that occurred in the locker room where he worked at Planet Fitness and how it has affected him. He said he does not understand how a public locker room is any different than a public bathroom at the beach where you are required to change in the Lake Havasu City Page 1 Printed on 3/23/2022 City Council Minutes - Final March 8, 2022 changing area or stall. Ms. Janet Warf, citizen, addressed the council and spoke concerning the incident that happened to her son, Titus Warf, and how it has impacted his life. She requested information on who they can speak with or any resources available to address this issue. Ms. Bonnie Toy, citizen, addressed the council requesting information regarding the warranty of the lights on the London Bridge, how the public is informed of changes or adjustments to the city transit schedules, and how high-density developments affect events and closures in the downtown area. Mr. Don Wisdom, citizen, addressed the council requesting information on the schedule for utility rates increases. 6. CONSENT AGENDA 6.1 ID 22-3204 Approve the February 22, 2022, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 22-3198 Approve Ground Lease Agreement with Martin & Cody Swanty Enterprises, Inc., (Paradise Auto & Truck Center) for the Parking of Display Vehicles (Kelly Garry) 6.3 ID 22-3179 Approve Addendum No. 3 to Cellular Tower Lease Agreement with New Cingular Wireless PCS, LLC (Jeff Thuneman) 6.4 ID 22-3206 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m., Tuesday, March 22, 2022 (Kelly Williams) Councilmember Coke moved to approve the Consent Agenda as presented, seconded by Councilmember Lane, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 22-3203 Go Lake Havasu Annual Update (Jess Knudson) Mr. Knudson introduced Mr. Terence Concannon with Go Lake Havasu. Mr. Terence Concannon, President and CEO of Go Lake Havasu, gave an update on the state of the industry (annual report) that included their successes, current board members and team, 2021 revenue numbers, events, London Bridge 50th Golden Anniversary, media management, marketing campaigns, community and industry programs, recognitions, state grants, and Havasu Autism Travel Initiative. He concluded that the state Lake Havasu City Page 2 Printed on 3/23/2022 City Council Minutes - Final March 8, 2022 of the tourism industry in Lake Havasu City is strong. Councilmember Lin asked how much city funding Go Lake Havasu receives each year, to which Mr. Concannon replied approximately $1.6 million. Councilmember Lin asked if Go Lake Havasu could provide an update to the council on how those funds are allocated, to which Mr. Concannon replied yes. Mayor Sheehy noted that Go Lake Havasu provides a monthly and annual update to the City Council. Mr. Concannon added that he would provide the council with the budget that was ratified last year. 7.2 ID 22-3202 Fiscal Year 2021-22 2nd Quarter Contracted Agency Reports (Chief Doyle) Mayor Sheehy stated that this item is for informational purposes only. 7.3 ID 22-3207 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 at City Hall and on the city’s website at www.lhcaz.gov. 7.4 ID 22-3205 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Announced various events, proclamations, and trainings. • The Lake Havasu City Hazardous Materials Team was rebuilt with assistance of several grant opportunities and congratulated 12 Lake Havasu City members for completing 200 hours of hazmat training. • A Vietnam Veterans Day Outdoor Cookout will be held on Tuesday, March 29, 2022, at 10:30 a.m. at SARA Park Rodeo Grounds. • The Havasu Youth Advisory Council (HYAC) presents a “Back on Your Feet Tennis Shoe Drive” to be held at various locations from March 14, 2022, through April 23, 2022. 8. PUBLIC HEARINGS 8.1 ID 22-3195 Series #7 Beer & Wine Bar Liquor License, Papa Leone’s Pizza, 1440 McCulloch Boulevard #304/Defelice III (Kelly Williams) Ms. Williams advised that Nicholas Louis Defelice III has applied for a Series #7 Beer and Wine Bar Liquor License for Papa Leone’s Pizza located at 1440 McCulloch Boulevard #304. She said all posting requirements have been met, all fees have been paid, and no objections were received. Ms. Williams added that the location is properly zoned for a Series #7 liquor license. Lake Havasu City Page 3 Printed on 3/23/2022 City Council Minutes - Final March 8, 2022 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 #7 beer and wine bar liquor license for Papa Leone’s Pizza, 1440 McCulloch Boulevard #304, seconded by Councilmember Campbell, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.2 ID 22-3199 Approve Amendment No. 1 to Solid Waste Facilities Operation Agreement with Allied Waste Transportation, Inc. d/b/a/ Republic Services ( Kelly Garry) City Attorney Kelly Garry advised that before the City Council is a proposed amendment to the Solid Waste Facilities Operation Agreement that was entered into on July 1, 2019. She said recently Allied Waste, known as Republic Services, was informed by the Arizona Department of Environmental Quality (ADEQ) that monitoring wells must be installed around the landfill. Ms. Garry said currently in the operation agreement there is a provision regarding monitoring wells however it is very brief as at that time they were not required, and stated that if required, they would be the responsibility of the contractor. She said now that monitoring wells are being required, staff would like to put in some protections to avoid some of the issues that the city has run into with monitoring wells put on city property but not installed or owned by the city, such as copies of the reports, ability to split samples, and language that if the agreement were to terminate how those wells are going to be abandoned or how they will transfer ownership to the city. Ms. Garry said a part of the original operation agreement requires the contractor to seek vertical expansion of the landfill. She said Republic Services is doing that and has made the necessary applications for the permit with ADEQ to install monitoring wells to move forward with the continuation of obtaining that permit for the vertical expansion. Councilmember Lin expressed concern regarding any environmental impact and contamination of the water and lake and asked if there are assurances that the wells would be monitored, to which Ms. Garry said the purpose of installing the monitoring wells is to monitor what is occurring at the landfill. She said reporting will be required and watched, so if there is an issue the city or Republic Services will be able to take care of it as soon as possible. She said there are no assurances that nothing will ever be detected; however, this is a great step in monitoring the activity at the landfill. Ms. Garry added that under the original contract, Republic Services is responsible for the activities that occur at the landfill so if something were to occur it would be their responsibility to remediate it. Lake Havasu City Page 4 Printed on 3/23/2022 City Council Minutes - Final March 8, 2022 Mayor Sheehy stated that Councilmember Lin’s concern is a mutual concern of the city and ADEQ. He said through this monitoring process there is required reporting and ADEQ would manage the mitigation strategies to ensure the safety of the city’s natural resources. Councilmember Campbell expressed concerns regarding the safety of wells and groundwater contamination. She requested that the City Council receives copies of any required reporting. Mr. Brishen McGuire, General Manager, and Mr. Will Puntenney, Environmental Manager, with Republic Services were in attendance to answer questions. Councilmember Campbell asked if Republic Services leases the land from the Bureau of Land Management (BLM), to which Mr. McGuire said the city leases the land from BLM. He said there are three smaller parcels of land that the city owns, one of which is located on the drilling site for one of the wells. Councilmember Campbell spoke on the minimum insurance standards for general liability and safety and asked whether Republic Services intends to cover any problems that may arise at the landfill, to which Mr. McGuire said Republic Services is responsible for the site maintenance and management; therefore, any liability would fall on Republic Services to mitigate. Mayor Sheehy spoke on the history of the initial agreements, lifespan, and landfill study. He said one component of the landfill study identified vertical expansion which is now being requested by Republic Services and requires the monitoring wells by ADEQ. Councilmember Campbell asked if another location had been identified in the city or surrounding areas for a future landfill, to which Mayor Sheehy said the landfill study identified an expanded lifespan of 30 to 40 years, which has created a large outlook and a lot can change in terms of technology and different sites. He added that the city has funds identified in the Refuse Fund to identify or pay for a future site if needed. Councilmember Lin asked about the current lifespan of the landfill, to which Mr. McGuire said with the 30-foot vertical expansion they project another 50 years at the current rate. He added that as the Mayor alluded to there are a number of things Republic Services can do to lengthen the lifespan, but is not a problem that has been discussed yet. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Moses moved to approve Amendment No. 1 to Solid Waste Facilities Operation Agreement with Allied Waste Transportation, Inc., seconded by Lake Havasu City Page 5 Printed on 3/23/2022 City Council Minutes - Final March 8, 2022 Councilmember Coke, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.3 ID 22-3200 Award Task Order Agreement #4 to the Engineering Master Professional Services Agreement with Jacobs Engineering Group, Inc., for the Water Treatment Plant Filter PLC Replacement Design Project (Dan Sloan) Assistant City Engineer Dan Sloan advised that the water treatment plant was originally constructed in 2004 and some of the equipment has reached its lifespan. He said the filter Programmable Logic Controller (PLC) is used to modulate the flow through the filters into the water treatment plant and controls the backwash or cleaning of the filters. He said this computerized equipment has reached its lifespan and replacement parts are no longer available. Mr. Sloan said this contract is for the design of the new PLC equipment including producing bid documents for competitive bidding of the project next fiscal year. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to award Task Order Agreement #4 to the Engineering Master Professional Services Agreement with Jacobs Engineering Group, Inc., for the Water Treatment Plant Filter PLC Replacement Design Project in the amount of $78,823, seconded by Councilmember Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 9. CURRENT EVENTS Councilmember Lin reported that going into the next budget year the Parks & Recreation Advisory Board has prioritized the following projects: maintenance of current infrastructure, partnerships with school districts and associations, Downtown Catalyst Project, Aquatic Center HVAC system, and trail sign improvements. Vice Mayor Dolan said the Airport Advisory Board will be holding a Terminal Talk with the Airport Manager on Wednesday, March 9, 2022, at 5:30 p.m. at the Lake Havasu Municipal Airport to discuss the airport closure. 10. FUTURE MEETINGS Tuesday, March 22, 2022 @ 6:00 p.m. – Regular Meeting Tuesday, April 12, 2022 @ 6:00 p.m. – Regular Meeting 11. FUTURE DISCUSSION ITEMS Lake Havasu City Page 6 Printed on 3/23/2022 City Council Minutes - Final March 8, 2022 Councilmember Campbell requested a future discussion item regarding gasoline increases and practices, seconded by Councilmember Lin. 12. ADJOURN Upon motion by Councilmember Lane and seconded, the meeting adjourned at 7:00 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 8th day of March, 2022. 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 3/23/2022