City Council

Mayor Mark S. Nexsen Lake Havasu City Vice Mayor Don Callahan Lake Havasu City Police Facility Councilmember Crystal Alger 2360 McCulloch Blvd North Councilmember Dean Barlow Councilmember Donna Brister Regular Meeting Minutes - Final Lake Havasu City, Arizona 86403 www.lhcaz.gov Councilmember Jeni Coke Councilmember David McAtlin City Council Tuesday, April 8, 2014 6:00 pm Regular Meeting 1. CALL TO ORDER Mayor Nexsen called the meeting to order at 6:00 p.m. 2. INVOCATION: Pastor Dale Ray, Lakeview Community Church Pastor Dale Ray of the Lakeview Community Church gave the invocation. 3. PLEDGE OF ALLEGIANCE The mayor led in the Pledge of Allegiance. 4. ROLL CALL Present: 7- Mayor Mark S. Nexsen, Councilmember Dean Barlow, Councilmember Crystal Alger, Councilmember Donna Brister, Vice Mayor Don Callahan, Councilmember Jeni Coke and Councilmember David McAtlin 5. CALL TO THE PUBLIC Mr. Sherm Dwyer addressed the City Council regarding esthetics in the neighborhoods. He said the newspaper, Today’s News Herald, has received many written comments about code enforcement in the last several months, most of which were negative, and no real council action has taken place. He requested that code enforcement and other nuisances be placed on a formal agenda item immediately with sufficient notice so residents can add their input and grievances. Mr. Dwyer also addressed the City Council regarding environmental issues. Mr. Dwyer reviewed photographs of several homes where he suspected environmental issues exist. He suggested that the City Council consider implementing a plan where boats and RV’s cannot be parked in front yards, but to also grandfather those that are doing this now so that they have a number of years to Lake Havasu City Page 1 Printed on 4/25/2014 City Council Regular Meeting Minutes - April 8, 2014 Final comply with the new plan. Mayor Nexsen said, for clarification, the City Council held a two hour work session on March 11th regarding code enforcement. 6. CONSENT AGENDA 6.1 ID 14-0181 Approval of March 25, 2014, Regular Meeting Minutes 6.2 ID 14-0159 Adopt Resolution No. 14-2804 Affirmatively Furthering Fair Housing Lake Havasu City 6.3 ID 14-0182 Adopt Resolution No. 14-2806 Abandoning a 10-foot by 10-foot portion of a 10-foot by 50-foot Anchor Easement Along the Northerly Property Line of Lot 32, Tract 2144, Block 8, 3581 Stanford Drive (14-02300012) / River Ridge Builders 6.4 ID 14-0176 Recommend Approval of a Special Event Liquor License Application for the Rio Colorado 99's Scholarship Fund Fundraiser on May 3, 2014, at 1100 London Bridge Road, F108 / Hicks 6.5 ID 14-0194 Recommend Approval of a Special Event Liquor License Application for the Tri-State BMX Association USA Pro Supermoto Race on April 19 and 20, 2014, at 7200 Dub Campbell Parkway / Taylor 6.6 ID 14-0196 Recommend Approval of a Special Event Liquor License Application for the Lucas Oil Boat Races on May 2, 3 & 4, 2014, at 100 Park Avenue / Taylor 6.7 ID 14-0200 Recommend Approval of a Special Event Liquor License Application for the Friends in Short Places, Incorporated Fundraiser on April 19, 2014, at 2117 McCulloch Boulevard / Childress 6.8 ID 14-0179 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 4:00 p.m. Tuesday, April 22, 2014. Councilmember McAtlin moved to approve the Consent agenda as presented, seconded by Councilmember Barlow, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin Lake Havasu City Page 2 Printed on 4/25/2014 City Council Regular Meeting Minutes - April 8, 2014 Final 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 14-0180 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions City Clerk Kelly Williams announced the current vacancies for various Lake Havasu City Boards, Committees, and Commissions. 7.2 ID 14-0178 City Manager’s Report City Manager Charlie Cassens reported on the following: • World map displaying several countries that have visited the City’s water conservation website, www.havasuwatersavers.org, including Canada, Mexico, Brazil, China, India, France, Great Britain, Germany, etc. Mr. Cassens reported that there were 1,118 hits on the site and oddly the most number of hits from outside the Country are from Brazil. • The Carousel auction ended on April 7, 2014, with a bid of $22,600. • Chip seal program started yesterday and will take approximately four weeks to complete depending on weather conditions. Mr. Cassens reported that this program is part of the City’s annual pavement preservation program that will treat 40 miles of streets and parking lots throughout the city. • Update on the flag poles at the London Bridge. Mr. Cassens said two poles are in need of minor painting and concrete remediation and one pole will need to be removed from the concrete base to perform additional review and inspection due to severe deterioration. • On April 25th City employees will be traveling to Phoenix to accept a Tree City USA Award for Lake Havasu City. Mr. Cassens said this is the 14th year the City has received the award as a direct result of the memorial tree and bench program. • Tinnell Memorial Skate Park plaques. • City sales tax updates. 8. PUBLIC HEARINGS 8.1 ID 14-0190 Adopt Resolution No. 14-2809 Appointing Member(s) to the Planning & Zoning Commission City Clerk Kelly Williams advised that the City Clerk’s office received one application requesting consideration for appointment as an alternate member to the Planning & Zoning Commission. She said this appointment is needed to fill one alternate member vacancy on the Planning & Zoning Commission that expired on July 1, 2013. Ms. Williams noted that the applicant was in attendance to make a brief presentation and answer any questions from the City Council. Ms. Christy Cunningham addressed the City Council and stated that she currently works in Needles, California, for the Fort Mohave Indian Tribe. She said she has a Master Degree in Public Lake Havasu City Page 3 Printed on 4/25/2014 City Council Regular Meeting Minutes - April 8, 2014 Final Administration with an emphasis on construction management and also has a Bachelors Degree in accounting. Ms. Cunningham added that she has lived in Lake Havasu City for 10 years and graduated from Lake Havasu High School. She said she was very excited for the opportunity to be a part of the Planning & Zoning Commission. Mayor Nexsen noted that in Ms. Cunningham’s application she indicated that she wanted to continue the vision of Robert McCulloch. Mayor Nexsen asked Ms. Cunningham if she could explain her vision, to which Ms. Cunningham replied that Lake Havasu City is a very unique and different community and felt that it should be enhanced in the sense that she thought Mr. McCulloch’s idea was to have a view and that is why the height limit was instituted. She added that she also felt Lake Havasu City should be enhanced instead of trying to change it. Ms. Cunningham further added that she thought the proposed marina was also a good opportunity to make this great community even better. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Brister moved to adopt Resolution 14-2809 appointing Christy Cunningham as an alternate member to the Planning & Zoning Commission for a term ending July 1, 2015, seconded by Councilmember Barlow, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin 8.2 ID 14-0191 Recommend Approval of a Special Event Liquor License Application for the Lake Havasu Area Chamber of Commerce Fundraising Event on April 12, 2014, at 1477 Queens Bay / Krueger Deputy City Manager Larry Didion advised that this request is for a special events liquor license for the Chamber of Commerce to be held at Queens Bay Resort. Councilmember Coke recused herself from participating and voting on this item. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Special Event Liquor License for the Lake Havasu Area Chamber of Commerce Fundraising Event, on April 12, 2014 from 11:30 a.m. to 5:30 p.m. at 1477 Queens Bay, seconded by Councilmember Callahan, and carried by the following vote: Lake Havasu City Page 4 Printed on 4/25/2014 City Council Regular Meeting Minutes - April 8, 2014 Final Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan and Councilmember McAtlin Recused: 1 - Councilmember Coke 8.3 ID 14-0192 Recommend Approval of a Special Event Liquor License Application for the Lake Havasu Area Chamber of Commerce After Hours Networking Mixer on April 17, 2014, at 320 N. Lake Havasu Avenue / Krueger Mr. Didion advised that this is also a request for a special events liquor license for the Chamber of Commerce for an event to be held at 320 N. Lake Havasu Avenue. Councilmember Coke recused herself from participating and voting on this item. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Brister moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Special Event Liquor License for the Lake Havasu Area Chamber of Commerce After Hours Networking Mixer, on April 17, 2014 from 5:00 p.m. to 7:00 p.m. at 320 N. Lake Havasu Avenue, seconded by Councilmember McAtlin, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan and Councilmember McAtlin Recused: 1 - Councilmember Coke 8.4 ID 14-0177 Series #12 Liquor License for Juicy’s River Café, 42 Smoketree Avenue South/Bradley Ms. Williams advised that Sharon Elizabeth Bradley applied for a Series #12 restaurant liquor license for Juicy’s River Café, located at 42 Smoketree Avenue South. She added that all posting requirements have been met, all fees have been paid, and no objections were received. Ms. Williams further noted that a liquor license was previously held at this location. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #12 liquor license for Juicy’s River Café, 42 Smoketree Avenue South, seconded by Councilmember Barlow, and carried by the following vote: Lake Havasu City Page 5 Printed on 4/25/2014 City Council Regular Meeting Minutes - April 8, 2014 Final Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin 8.5 ID 14-0201 Adopt Resolution No. 14-2810 Approving the Jail Costs Intergovernmental Agreement with Mohave County, Arizona City Attorney Kelly Garry stated that the item before the City Council is to consider the annual jail costs Intergovernmental Agreement (IGA) with Mohave County (County) for the jailing of prisoners. She said the changes include: the prisoner per day charge, which is currently $78 would be reduced to $69.50 per day, and the one time intake fee, which is currently $60 would be increased to $62.50 per prisoner. Ms. Garry added that the IGA had been thoroughly reviewed by her department, the Police Department, and the Court, as well as a thorough review by all of the cities and the County. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow asked what the reasoning was behind lowering the prisoner per day charge from over $80 per day to $69.50 per day. Ms. Garry stated that she did know the reasoning behind it; however, this is what the County adopted and presented to the City. Councilmember Barlow moved to adopt Resolution No. 14-2810 approving the Jail Costs Intergovernmental Agreement between Lake Havasu City and Mohave County for fiscal year 2014-2015, seconded by Councilmember Brister, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin 8.6 ID 14-0183 Adopt Resolution No. 14-2807 Approving the Arizona Governor’s Office of Highway Safety (GOHS) Grant Funding Contract for “DUI Alcohol Overtime Enforcement and Prevention” Police Chief Dan Doyle advised that this item is the annual funding from the Arizona Governor’s Office of Highway Safety (GOHS) for additional DUI enforcement. He said the GOHS advised City staff that $20,000 is available to fund overtime for DUI enforcement, which also includes additional items such as gasoline and training. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow asked Chief Doyle if he had any idea why the City is not allowed to electronically submit information to the Governor’s Office, to which Chief Doyle replied no. Lake Havasu City Page 6 Printed on 4/25/2014 City Council Regular Meeting Minutes - April 8, 2014 Final Councilmember Brister moved to adopt Resolution No. 14-2807 approving the Highway Safety Contract with the Arizona Governor’s Office of Highway safety for funding of $20,000 for the project titled, “DUI Alcohol Overtime Enforcement and Prevention” and authorize the City Manager to execute the Contract on behalf of the City, seconded by Councilmember Coke, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin 8.7 ID 14-0187 Adopt Resolution No. 14-2808 Approving the Arizona Governor’s Office of Highway Safety (GOHS) Selective Traffic Enforcement Equipment Grant Chief Doyle stated that staff applied to the Arizona Governor’s Office of Highway Safety (GOHS) for a $5,000 grant to purchase four additional radar devices. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember McAtlin moved to adopt Resolution No. 14-2808 approving the Arizona Governor’s Office of Highway Safety contract funding $5,000 for the purchase of four Radar Units for the project titled Selective Traffic Enforcement Equipment and authorize and direct the City Manager to execute the Contract on behalf of the City, seconded by Councilmember Callahan, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin 8.8 ID 14-0203 Approve Change Order No. 1 to Fiber Optics Connectivity Contract with Alpine Communications, Inc., Project No. ND1020 Information Technology Manager Jonathan Baskette advised that this item is to approve a change order to the Fiber Optics Connectivity Project approved by the City Council at the last meeting. He said the primary purpose of this change order is to replace the fiber optics between City Hall and the Police Department to a more current fiber that is up to the standard length to resolve some ongoing connectivity issues. Councilmember Barlow asked how long the fiber optic cable had been in place, to which Mr. Baskette replied that he did not have that information. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Brister moved to approve Change Order No. 1 to the Fiber Optics Connectivity Contract with Alpine Communications, Inc., for the infrastructure Lake Havasu City Page 7 Printed on 4/25/2014 City Council Regular Meeting Minutes - April 8, 2014 Final upgrade for an amount not to exceed $9,256, seconded by Councilmember Callahan, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin 8.9 ID 14-0186 Approve Expenditures over $40,000 from Wedeco Xylem Water Solutions a Sole Source Provider for the Water Division Water Division Manager Chuck Michalski stated that this item is a request to upgrade the ultra violet light disinfection at the treatment plant that was installed in 2003. He added that this request includes the Wedeco TotalCare Service Plan, which allows a 12 percent reduction in the cost of all replacement parts and would bring the system up to the computer wave of the future. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to approve expenditures exceeding $40,000 from Wedeco Xylem Water Solutions a sole source provider for the Water Division for Fiscal Year 2013-14, seconded by Councilmember McAtlin, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin 8.10 ID 14-0189 Approve Expenditures to exceed $40,000 with Golden Anderson Industries, LLC a Sole Source Provider for the Water Division Mr. Michalski advised that this request is for maintenance of the pump control valves for the 12 high speed pumps that lead from the plant to the distribution system. He stated that there have been numerous issues, mostly due to corrosion, with the current valves. He said staff looked at several different valves for replacement and all were between $40,000 and $50,000; therefore, staff elected to rebuild the current valves. He said the cost to repair the valves would be approximately $90,000 which would save the City approximately $550,000, and should last another 15 years. Mayor Nexsen opened the public hearing. Ms. Robin Wohl said she did not understand the amounts that were being approved tonight. She stated that this item and the preceding item were requests to exceed $40,000; however, she just heard the cost to be $640,000. She requested further clarification. Mayor Nexsen explained to Ms. Wohl that it is City Council policy that any expenditure over $40,000 is requires City Council approval. Lake Havasu City Page 8 Printed on 4/25/2014 City Council Regular Meeting Minutes - April 8, 2014 Final There being no further comments, he closed the public hearing. Councilmember Barlow moved to approve the purchase of replacement parts for the Water Division from Golden Anderson Industries, LLC, a sole source provider, for a total that may exceed $40,000 for Fiscal Year 2013-14, seconded by Councilmember Callahan, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin 8.11 ID 14-0188 Award Bid: Traffic Signal Installation, Palo Verde Blvd S at Kiowa Blvd, Project No. ST2630 Maintenance Services Division Manager Mark Clark stated that this item is to award bid for the High School Kiowa/Palo Verde Traffic signal. Mr. Clark explained that the award tonight is for one-third of the total project. Mr. Clark presented a PowerPoint slideshow outlining the proposed project and also explained the signal and pedestrian phasing. He noted that there are no other locations in Arizona that are using this type of pedestrian phasing; however, it allows the City to go with a shorter timing which is required by the Americans with Disabilities Act (ADA). Mr. Clark also reviewed the costs of the project, and also reviewed the project timeframe and phases. He said the project will begin on May 24th and is scheduled to be completed on August 3rd. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Ms. Christy Cunningham asked if the timing of the signals was for environmental impact or for the safety of the students. Mr. Clark replied that the more efficient the signal, the less down time there will be. He said all red signals when the pedestrian button is triggered will allow the signal to be as efficient as possible. Councilmember Alger asked if the timing could be controlled during high and low traffic hours, to which Mr. Clark replied yes. Mayor Nexsen said it looked to be a fairly narrow timeframe from start to finish and asked whether Mr. Clark was certain there was enough time to complete the project before school started, to which Mr. Clark replied yes, and said that is one of the advantages of breaking the project into pieces because the City has already completed some of the concrete work, the power company has already placed the power lines, and items have already been ordered. He added that the contractors are also aware of the very window. Councilmember Callahan moved to approve the award for Project No. ST2630 Traffic Signal Installation to TLL Electric, of Galveston, Texas, with offices in Lake Havasu City Page 9 Printed on 4/25/2014 City Council Regular Meeting Minutes - April 8, 2014 Final Payson, Arizona, in the amount of $99,079, seconded by Councilmember Alger, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin 9. CURRENT EVENTS Councilmember Brister reported that the Vietnam Veterans 50th Commemorative Partnership event was a huge success. She said there was a great turnout and she wanted to thank everyone that volunteered and donated. 10. CALL TO THE PUBLIC There were no requests to address the City Council. 11. FUTURE MEETINGS Tuesday, April 15, 2014 @ 9:00 a.m. – CIP and Asset Management Work Session Tuesday, April 22, 2014 @ 4:00 p.m. – Executive Session Tuesday, April 22, 2014 @ 5:00 p.m. – Work Session Tuesday, April 22, 2014 @ 6:00 p.m. – Regular Meeting 12. FUTURE AGENDA ITEMS Councilmember Barlow requested that staff look into traffic signal pedestrian crosswalks that not only have flashing lights on the poles but also have lights embedded in the roadway. Mr. Cassens stated that type of traffic signal pedestrian lighting would be installed on McCulloch Boulevard within the next few months. Councilmember Barlow said the city could use that type of traffic signal pedestrian crosswalk right before the bridge because that area is very dark and it is difficult to see people who are waiting to cross the street. Councilmember Alger thought the City should look into some type of laser light sensor system that would activate the lights since many times people do not push the button before crossing. 13. ADJOURN Upon motion by Councilmember Barlow and seconded, the meeting adjourned at 7:01 p.m. Lake Havasu City Page 10 Printed on 4/25/2014 City Council Regular Meeting Minutes - April 8, 2014 Final 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 April 2014. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk Lake Havasu City Page 11 Printed on 4/25/2014