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City Council

Regular Meeting

Lake Havasu City, AZ · May 13, 2014

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Minutes

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, May 13, 2014 6:00 pm Regular Meeting 1. CALL TO ORDER Mayor Nexsen called the meeting to order at 6:00 p.m. 2. INVOCATION: Major Larry J. Feist, The Salvation Army Church Major Larry J. Feist, of The Salvation Army 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. Norman Stephens said he was before the City Council to address a concern regarding the manpower of the Fire Department. He said a four man company is hard pressed to get the job done and with three men it is impossible to fight the fire. He said it is a disservice to the public for their property and for the crew fighting the fire, and added that the City Council needs to recalibrate their priorities as to what needs to be done to protect the safety of the people that live here and their property. Mr. Stephens stated that there are two things cities are supposed to provide to their citizens and that is police and fire protection. Mr. Don Bergen addressed the City Council and stated that he was shocked when he heard about the recent transit decisions. He said he feels that the City is not taking adequate care of the low Lake Havasu City Page 1 Printed on 6/13/2014 City Council Regular Meeting Minutes - May 13, 2014 Final income citizens. Mr. Bergen said when he retired here 24 years ago he took a part time job driving for transit and at that time the City did not use big buses or have fixed routes, only vans with curb to curb service that worked very effectively. He wondered if there was a way to revert back to using smaller vehicles instead of the big buses. 6. CONSENT AGENDA 6.1 ID 14-0251 Approval of April 15, 2014, City Council CIP & Asset Management Work Session and April 22, 2014, City Council Work Session and Regular Meeting Minutes 6.2 ID 14-0238 Adopt Resolution No. 14-2818 abandoning a 2-foot by 10-foot portion of a 10-foot by 30-foot public utility and drainage easement along the southern property line of Lot 20, Block 11, Tract 2180, Shufflebotham/Owner 6.3 ID 14-0207 Adopt Resolution No. 14-2819 Abandoning the Westerly 5-feet of a 10-foot Public Utility and Drainage Easement Along the Easterly Property Line of Lot 3, Tract 123, Block 14, 3490 Bali Drive, Joan Haukos/Applicant 6.4 ID 14-0254 Adopt Resolution No. 14-2822 Approving Lake Havasu City Consolidated Court Lease Agreement with Mohave County 6.5 ID 14-0260 Adopt Resolution No. 14-2823, Amending Resolution No. 14-2814 Calling Lake Havasu City Primary and General Elections, to Correct the Deadlines for Voter Registration 6.6 ID 14-0239 Approve a proposed amendment to an approved final subdivision plat for the Cove portion of the Sailinghawks Development 6.7 ID 14-0241 Approve Expenditures to Exceed $40,000 with Chapman Ford to Purchase One (1) 2015 F550 Regular Cab Service Truck 6.8 ID 14-0250 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 4:00 p.m. Tuesday, May 27, 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 6/13/2014 City Council Regular Meeting Minutes - May 13, 2014 Final 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 14-0267 Presentation of Flood Control Funding - Supervisor Steven Moss, Mohave County District 5 Mohave County District 5 Supervisor Steven Moss stated that when he was running for election the relationship between the cities and Mohave County (County) was quite contentious. He said two years ago he did not believe the City received any flood control monies despite paying the most in property taxes towards flood control issues within the County. Supervisor Moss said last year, under the direction of the County Board of Supervisors, there were very intense negotiations between the City and the County which resulted in a check being issued to the City. He stated that this is the first year in several years that a flood control check is being presented to Lake Havasu City with no drama, no contest, no confrontation, and no ill will, and added that he was very happy to appear today and present a check to Mayor Nexsen and the members of the City Council. He pledged that for the balance of his years in public office, as well as the Mayor and City Council, to keep in mind that it is their duty to serve our common residents, our common taxpayers, and our common voters and to check their egos at the door. Supervisor Moss presented a check in the amount of $2,139,251 to Mayor Nexsen and the City Council. 7.2 ID 14-0252 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. 7.3 ID 14-0249 City Manager’s Report City Manager Charlie Cassens reported on the following: • To date, seventeen candidate packets (14 for Council and 3 for Mayor) have been pulled for the upcoming Fall 2014 election. Anyone interested in running for City Council can obtain a candidate packet at City Hall in the City Clerk’s office. The deadline to file all required candidate forms and petitions is May 28, 2014. • The Western Arizona Law Enforcement Training Academy (WALETA) located in Lake Havasu City has partnered with the Arizona Peace Officers Standards and Training (AZPOST) to pilot a new training program for Military Police Officer Veterans. The program grants credit to Military Police Officers for the extensive training they completed while in active duty, and instead of sending them through the normal 19 week Civilian Police Academy, they only attend an eight week academy. The Military Police Transition Academy will begin June 16th. • Saturday, May 17, 2014, between the hours of 10:00 a.m. and 2:00 p.m. at London Bridge Beach, the Lake Havasu City Police Department Special Assignments Unit will be assisting the Arizona Game and Fish Department with the “Wear it Colorado” event to promote boating safety awareness and a life jacket exchange program. Lake Havasu City Page 3 Printed on 6/13/2014 City Council Regular Meeting Minutes - May 13, 2014 Final • The Airport runway paving project is moving forward with work commencing later this month. A pre-construction meeting was completed and nightly closures will happen in early June. The work will also require a three day closure in July and August. The runway will not be closed on weekends or during the 4th of July. A notice has been mailed to all airport tenants and provided to the FBO’s for their customer base and a notice to airman will be issued to many of the Arizona airports of the schedule change. Lake Havasu City is only paying for 5% of the project cost with the remainder coming from Federal and State grants. • The Carousel has been completely removed and is on its way to the Philippines. • A thirty-five minute video of the London Bridge narrated by Jan Kassies is available to visitors at the Lake Havasu City Visitor’s Center. It will also be on the City’s Cable Channel 4 and a link to the video is on the City’s website. 8. PUBLIC HEARINGS 8.1 ID 14-0258 Recommend Approval of a Special Event Liquor License Application for the Chamber of Commerce After-Hours Business Networking Mixer on May 15, 2014, at 1515 North Lake Havasu Avenue #101 / Krueger Deputy City Manager Larry Didion advised that this is a request for a Special Event Liquor License for the Chamber of Commerce, and added that staff recommends approval. 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 and Control approve a Special Event Liquor License for the Chamber of Commerce After-Hours Business Networking Mixer, on May 15, 2014 from 5:00 p.m. to 7:00 p.m. at 1515 North Lake Havasu Avenue #101, seconded by Vice Mayor Callahan, 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 8.2 ID 14-0246 Adopt Resolution No. 14-2821 Establishing and Appointing Members to the Home of the London Bridge Advisory Committee Ms. Williams advised that at the February 25th meeting the City Council requested that staff move forward with establishing a Home of the London Bridge Advisory Committee to review and make recommendations to the Mayor and City Council on the best use for the slogan “Home of the London Bridge” in a local environment and not as a part of a branding for visitors. She said it was Lake Havasu City Page 4 Printed on 6/13/2014 City Council Regular Meeting Minutes - May 13, 2014 Final announced at the February 25th and March 11th meetings that applications would be available in the City Clerk’s Office. She said five applications were received and those applicants were in attendance to answer any questions that the City Council may have. Mayor Nexsen thanked Mr. Jay Coombs for bringing this issue to the City Council’s attention and for working with staff to create this committee. He said the slogan of the London Bridge resonates with citizens and as Mr. Coombs pointed out the London Bridge is part of Lake Havasu City’s heritage and was dedicated in 1971 with a rededication in 2011. Mr. Coombs thanked the Mayor and City Council for their consideration in establishing the committee. He said they are really excited to get started and move forward with this project. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Callahan moved to adopt Resolution No. 14-2821 establishing and appointing Lonnie Taylor, Jay Coombs, Ernest Smith, Debbie Tyler and Toni Ade as members to the Home of the London Bridge Advisory Committee, 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 8.3 ID 14-0255 Adopt Resolution No. 14-2820 Authorizing Submittal of a WaterSMART Grant Application to the Bureau of Reclamation for Water Reuse Feasibility Study Water Resources Coordinator Doyle Wilson stated that staff submitted a proposal to the Bureau of Reclamation (BOR) for a WaterSMART Grant. He said the grant proposal was for a feasibility study on a suggested pipeline that would carry effluent water, or treated wastewater, from the North Regional Wastewater Treatment Plant along the high power line called the Western Area Power Administration (WAPA) line to SARA Park. He stated that he believed if the City could get a feasibility study done by a consulting firm to see if this is viable on a cost, engineering, and operation basis, that this might be something down the line that the City may want to use as an alternate for expanding reuse of wastewater. Mr. Wilson reviewed an illustration of height elevations along the proposed pipeline and the existing effluent lines from the North Regional Treatment Plant to Highway 95, down to the Island Treatment Plant, and to the Mulberry Wastewater Treatment Plant. He explained that all the wastewater treatment plants are connected by an existing effluent line that currently only serves the Refuge Golf Course. He added that there is an effluent pond at the Mulberry Treatment Plant that serves the London Bridge Golf Course and also one at the Island Treatment Plant that serves a few entities including the Nautical Golf Course. Mr. Wilson said the benefit to this effluent line is once the effluent is up to the highest elevation there is potential for gravity feeding the effluent to all the schools and the London Bridge Golf Lake Havasu City Page 5 Printed on 6/13/2014 City Council Regular Meeting Minutes - May 13, 2014 Final Course. He explained that the proposed scope of work for the consultant includes, if the project is feasible, what size pipeline is needed, what size booster station might be needed, and the cost for the entire project. He added that storage is another component of the feasibility study by either continuing recharge at the North Regional Wastewater Treatment Plant or by creating some ponds at SARA Park. He stated that Carollo Engineers estimated the cost of the study around $85,000 to $90,000, and added that staff budgeted $113,000 which included in-kind contributions for staff time. Mr. Wilson said the City’s cash outlay would be approximately $43,000 which would meet the 50/50 expenditures required by the Federal Government. Councilmember Barlow asked if this plan had been discussed with State Lands, to which Mr. Wilson stated no, not since the previous grant was submitted a year and a half ago. Mr. Wilson added that he would be visiting with State Lands in the near future though and could include this in the discussion. He added that the easement of the WAPA line is on city property; however, with regard to State Lands, the City would have to enter into a separate agreement for a corridor easement parallel to the WAPA line. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Alger moved to adopt Resolution No. 14-2820 authorizing the City Manager and City staff to submit a grant application for the WaterSMART water reuse feasibility study and to take all actions necessary to implement and complete the activities submitted in application, 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 8.4 ID 14-0215 Adopt Resolution No. 14-2813 Approving Lease Agreement with the Lake Havasu Metropolitan Planning Organization for Office Space at City Hall City Attorney Kelly Garry stated that this item is to lease 218-square feet of office space within City Hall to the Lake Havasu Metropolitan Planning Organization (MPO). She said the annual lease rate would be applied as an in-kind match for grant purposes. Mayor Nexsen asked if the three councilmembers who are also members on the MPO Board would need to recuse themselves from participating and voting on this item, to which Ms. Garry stated there was no conflict of interest. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember McAtlin moved to adopt Resolution No. 14-2813 approving the Lease Agreement with the Lake Havasu Metropolitan Planning Organization for use Lake Havasu City Page 6 Printed on 6/13/2014 City Council Regular Meeting Minutes - May 13, 2014 Final of office space within City Hall, 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 8.5 ID 14-0244 Award Bid: Water Main Replacement, Project No. WT3080 Project Manager Rich Wells advised that this item is to approve the bid that staff in conjunction with Atkins North America reviewed and did due diligence on the proposed contractor. Mayor Nexsen asked Mr. Wells if he could briefly describe the project for the benefit of the public, to which Mr. Wells explained that this project is to replace 4” water main lines throughout the City as funds are available. He further explained that staff is targeting areas where there are a lot of breaks and pressure issues, and added that they would be replacing approximately two miles of 4” lines with 6” to 8” lines. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow asked how long the pipes have been in the ground, to which Mr. Wells replied approximately 40 years, but that varied as some areas may not be as old as others. He added that staff targeted the areas where there are a high number of breaks and said when those breaks occur it also ruins the asphalt so this is preventative maintenance as well as replacement of the lines. Councilmember Barlow asked if 40 years is the lifespan of these lines, to which Mr. Wells explained that by using current construction materials and new methodologies, 75 or more years is what staff is hoping for with new construction. Councilmember Barlow moved to award the Water Main Replacement base bid (A) and all alternates (B through E) to RK Sanders of Phoenix, AZ, in an amount not to exceed $1,002,582 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 14-0257 Award Bid: Beach Cleaning Equipment, B14-VM-01 Maintenance Services Division Manager Mark Clark stated that this item is the cleaning equipment bid award for the London Bridge and Rotary Park beaches. He said three bids were received and added that staff conducted an extensive evaluation process and decided to award the bid to H. Barber & Sons, Inc. due to its smaller size. Mr. Clark added that the unit would also be pulled by a tractor which staff would rent. Lake Havasu City Page 7 Printed on 6/13/2014 City Council Regular Meeting Minutes - May 13, 2014 Final There was discussion regarding keeping work trucks and special event vehicles off the beaches to keep the sand from compacting. Councilmember Brister asked if the machine would only clean the upper level of the beach and not the sand down lower where the rocks are, to which Mr. Clark explained that the machine would clean the one to two inches of sand on top. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Callahan moved to award Bid B14-VM-01 to H. Barber & Sons, Inc., in the amount of $38,770.40, plus the appropriate sales tax, for the purchase of a beach cleaning equipment with optional hydraulic moldboard, 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 14-0220 Discussion and Possible Direction Re: Balloon Operations within City Limits (City Code Section 9.16.160) Operations Director Gary Parsons advised that in March of 2014 a citizen expressed concern regarding operating balloons in the City limits and having to obtain a Special Event Permit every time they wanted to launch. He said staff received direction from the City Council to investigate that issue, so staff met with the City Manager, contacted the Federal Aviation Administration (FAA), and also the City of Albuquerque. He said before the City Council is a proposal that staff came up with that seems to work for everyone, in that private balloon operators will be able to apply for an annual permit to operate within the City limits. He said the proposal does include some safety standards to ensure there are safe operators. Mr. Parsons said the proposal includes the following: • The operator has to gain permission from private land owners if they plan on using their property. • The operator has to notify Lake Havasu City Airport three days in advance in case there are any special operations going on around the airport that the operator needs to be aware of. • A map is available that shows the instrument approach to the Lake Havasu City Airport that they need to avoid. • Commercial operations are not able to operate out of city property or city parks except by Special Event Permit. Mayor Nexsen said he received an e-mail questioning whether it would be better to do a Lake Havasu City Page 8 Printed on 6/13/2014 City Council Regular Meeting Minutes - May 13, 2014 Final Conditional Use Permit (CUP) for the business portion versus a Special Permit, and added that he thought a CUP would have to be brought before the Planning & Zoning Commission. Ms. Garry replied that as of right now, the CUP in using that term, would go through the Planning & Zoning Commission for land use purposes. Mayor Nexsen asked whether a Special Event would accomplish what they were trying to do because the email also brought up that a CUP was used for a business operating with conditional uses no matter whether it is public or private, and the Special Event Permit only addresses use of public property. Mr. Parsons advised that the balloon operator would have to get permission from private land holders in order to use their property and the commercial balloon operators are required to obtain a Lake Havasu City business license. Mayor Nexsen said if the Special Permit would be used for a full year versus one day or one week would the fees be multiplied, to which Ms. Garry replied that was not in the plan. Ms. Garry said the Special Permit is just a test run, a new type of program, so if what staff is proposing does not work or staff sees a proliferation of this type of activity, staff can come back to the City Council and readdress the Special Permit or come up with a completely new process. She added that the Special Permit can have its own process but staff did not know if it was necessary at this point in time to develop that process. Mayor Nexsen asked if the required insurance would not only cover the City but private property owners as well, to which Mr. Parsons replied that the City would require a $1 million liability policy with the City named as additionally insured. Councilmember Alger expressed concern with the stipulation requiring three days advance notice to the Lake Havasu Airport because sometimes you cannot always predict the weather. She asked whether the balloon operator would be able to push it to another day, to which Mr. Parsons said he did not see that as an issue, and added that the main reason for the three days advance notice is that the Lake Havasu City Airport is subject to military operations and they just want the operators to be aware of those things so there is a safe environment. Vice Mayor Callahan asked if commercial balloons would not be allowed at all, to which Mr. Parsons replied that they are allowed but they would be required to obtain a Lake Havasu City business license and would not be permitted to operate out of City property or parks unless it was associated as part of a special event. Mayor Nexsen opened the public hearing. Mr. James Dolan addressed the City Council and said he was a local balloon pilot, a business man in Lake Havasu City, and President of the Lake Havasu City Balloon Festival and Fair. He thanked Lake Havasu City Page 9 Printed on 6/13/2014 City Council Regular Meeting Minutes - May 13, 2014 Final Mayor Nexsen and the City Council for their continued support for the Lake Havasu City Balloon Festival for the past four years. He said last week Dean Baker, Gary Moore and himself, all three local pilots, met with Airport Supervisor Steve Johnston and generally agreed with most of the recommendations being made to the council. He said they are willing to go above and beyond current FAA rules and regulations such as carrying an aircraft radio and broadcasting their locations. Mr. Dolan said they do have a few minor concerns, one is under bullet three under Commercial Balloon Operations where it says “Commercial Balloon Operations are not permitted on City property and Parks except by special permit or in conjunction with a permitted special event.” He said his first question was if they obtain an annual permit, does that meet the requirement; and if the permit does not meet the requirements they wanted to point out that by eliminating open areas, that would not give balloons a safe place to land and would create a bigger safety issue. Mr. Dolan said if the City is concerned about possible damage from utilizing the parks and City property he wanted to remind the City Council that the City is also named as additionally insured. Mr. Dolan said his second concern under Commercial Balloon Operations was bullet six which states “Avoid Lake Havasu Airport air operation areas and instrument approaches as shown on Airport Air Traffic Map (3-14).” He said he agreed that they would try to avoid the airport operations as a courtesy but added, with the greatest respect of the City Council, it is out of the realm of the City to regulate the control of the air space over Lake Havasu City as the FAA has the ultimate authority over the air space, and as an FAA licensed pilot operating FAA registered aircraft they are required to abide by FAA regulations. He stated that the City can limit the taking off of aircraft while within the City limits, and added that they would like to work closely with Lake Havasu City regarding that. Mr. Dolan added that eliminating landing could be a gray area, and said according to the FAA, a pilot can land an aircraft wherever he deems it safe to land. He said a fixed wing or helicopter pilot would have a hard time explaining to the FAA why they felt it was necessary to land their aircraft on a City road or park, whereas a balloon is at the mercy of the wind and it is extremely common to land in City parks and roads to try and avoid private property. Mr. Dolan recommended removing the reference to the instrument approach and the mention of avoiding the areas north of the high school. Mr. Dolan went on to explain that Lake Havasu City Airport is a Class E Airport and the FAA already allows them to fly in the airspace over Lake Havasu City. He said with regards to the instrument approach, they cannot fly during Instrument Flight Rules (IFR) conditions so this is not a safety issue, and added they would also be broadcasting their position over the aircraft radio. He noted that just last week he flew for a few days in Phoenix, Arizona, out of Deer Valley Airport airspace which is one of the busiest Class D airports in the United States. Mr. Dolan stated that while they do have a few additional questions regarding the cost of the Lake Havasu City Page 10 Printed on 6/13/2014 City Council Regular Meeting Minutes - May 13, 2014 Final permit, he would ask the City Council to approve the recommendation for the Balloon Operations Special Event Permit minus the following: • Bullet three-Commercial Balloon Operations-Commercial Balloon Operations are not permitted on City property and Parks except by special permit or in conjunction with a permitted special event. • Bullet six-Commercial Balloon Operations-Avoid Lake Havasu Airport air operations areas and instrument approaches as shown on Airport Air Traffic Map (3-14). • Bullet three-Private Balloon Operations-Avoid Lake Havasu Airport air operations areas and instrument approaches as shown on Airport Air Traffic Map (3-14). • Bullet one-For safety of the public please avoid balloon operations-North of the Lake Havasu high school site. • Bullet two-For safety of the public please avoid balloon operations-South of the high school site-Avoid the instrument approach for Airport Runway 32. Mr. Dolan said he would also recommended that the application process also require the balloon pilot to submit a photo of their balloon, as it would be easy for the City to follow-up if there was an issue with a specific pilot and balloon. Mayor Nexsen said under Commercial Balloon Operations bullet three, it was his understanding that if you need to land in a park you can land in a park but the suggestion was you cannot go to one of the public parks and run a balloon ride business. He added that if they decided to give balloon rides on a commercial basis, you could do that in a park but you would have to obtain a permit. Mr. Cassens advised that staff could refine that particular point and focus on commercial launches. Mayor Nexsen said to clarify, if the balloonist is giving a private ride and not using the balloon for commercial operations then the balloon can launch from a park, to which Mr. Cassens replied yes, and added that a permit would only be needed if the person is selling rides. Mr. Cassens said the instrument approach path to runway 3-2 at the airport is used regularly for practice and training and given the fact that there are only two or three IMC condition days out of the year, the balloons would not be out flying during those days. He added that precision approach is used regularly on a daily basis by pilots who use it for practice and also for commercial operations such as the Federal Express plane. He said they always operate under IFR flight plans and use that GPS approach multiple times during the day and not just limited to IFR conditions. Mr. Dolan said they were not so concerned about the Instrument Flight Rules (IFR) approach but mostly about the restrictions mainly north and south of the high school, as he was not sure why there was a line that divided the city in half. Lake Havasu City Page 11 Printed on 6/13/2014 City Council Regular Meeting Minutes - May 13, 2014 Final Mayor Nexsen suggested that Mr. Dolan and City staff meet to work out some of the finer points to make this acceptable to both parties. Mr. Parsons added that as staff moves forward and works through some of the issues with the balloonists and staff, there may be some changes in identifying what safety measures need to be in the permit. Councilmember Brister said it is an incredible experience to see hundreds of balloons in the air, and added that it is also a great money maker bringing in tourism. Councilmember Brister said she supported it completely but wanted to see everyone working together to make sure it is safe and that property is protected. Councilmember Alger wondered if there was a possibility of doing some research with the Deer Valley Airport in regards to how they were able to fly in and out of the airspace there, what is safe, and what is not safe. Mr. Dolan stated that was covered in the FAA regulations, and added balloons do have priority over other aircraft in the air. Mr. Cassens advised that staff will meet with Mr. Dolan and his group to review the conditions to make sure they are not redundant with the FAA regulations and also look at things from a reasonability standpoint. He said the City certainly does not want to discourage balloon operations over the city; however, safety is paramount. Mr. Cassens added that his primary concern was that the parks would be used for commercial operations. Mr. Dolan said they do enjoy flying over Lake Havasu City and typically when they do have commercial rides they go to other areas like Parker. He added that he has been flying for 20 years and said his only contention is splitting the city in half. There being no further comments, Mayor Nexsen closed the public hearing. 9. CURRENT EVENTS There were no council committee reports. 10. CALL TO THE PUBLIC There were no requests to address the City Council. 11. FUTURE MEETINGS Tuesday, May 20, 2014 @ 1:30 p.m. - Budget Work Session Tuesday, May 27, 2014 @ 4:00 p.m. - Executive Session Tuesday, May 27, 2014 @ 6:00 p.m. - Regular Meeting 12. FUTURE AGENDA ITEMS There were no requests for future agenda items. Lake Havasu City Page 12 Printed on 6/13/2014 City Council Regular Meeting Minutes - May 13, 2014 Final 13. ADJOURN Upon motion by Councilmember Callahan and seconded, the meeting adjourned at 7:15 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 13th day of May, 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 13 Printed on 6/13/2014

Agenda

Mayor Mark S. Nexsen Lake Havasu City Vice Mayor Don Callahan Police Facility Councilmember Crystal Alger 2360 McCulloch Blvd North Councilmember David McAtlin Lake Havasu City, Arizona 86403 Councilmember Dean Barlow www.lhcaz.gov Councilmember Donna Brister Councilmember Jeni Coke Tuesday, May 13, 2014 6:00 pm City Council Regular Meeting One or more councilmembers may be participating and voting via telephone remote. Pursuant to the Americans with Disabilities Act (ADA), Lake Havasu City endeavors to ensure the accessibility of all of its programs, facilities and services to all persons with disabilities. If you need an accommodation for this meeting, please contact the City Clerk at 453-4142 at least 24 hours prior to the meeting so that an accommodation may be arranged. Anyone wishing to address the council on an item not shown on the agenda should fill out a “Call to the Public” form, which will be found on the desk located at the entrance to the meeting room, and hand it to the City Clerk. Action as a result of public comment on an item not on the agenda will be limited to directing staff to study the matter or rescheduling the matter to a later date. 1. CALL TO ORDER 2. INVOCATION: Major Larry J. Feist, The Salvation Army Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. CALL TO THE PUBLIC We will now have an open call to the public for citizens wishing to address the council on issues within the jurisdiction of the city. Your comments must be limited to five (5) minutes or less. If you wish to address an item already on tonight’s agenda, you should wait until that item is announced for a public hearing. At the conclusion of the open call to the public, individual members of the council may respond to criticism made by those who have addressed the council, may ask staff to review a matter or may ask that a matter be put on a future agenda. However, members of the council cannot discuss or take legal action on matters not already on the agenda. 6. CONSENT AGENDA The following items will be considered as one item by the City Council and will be enacted with one motion with no separate discussion unless a councilmember so requests, in which event the item will be removed. 6.1 ID 14-0251 Approval of April 15, 2014, City Council CIP & Asset Management Work Session and April 22, 2014, City Council Work Session and Regular Meeting Minutes Lake Havasu City Page 1 Printed on 5/8/2014 City Council Regular Meeting Agenda May 13, 2014 6.2 ID 14-0238 Adopt Resolution No. 14-2818 abandoning a 2-foot by 10-foot portion of a 10-foot by 30-foot public utility and drainage easement along the southern property line of Lot 20, Block 11, Tract 2180, Shufflebotham/Owner 6.3 ID 14-0207 Adopt Resolution No. 14-2819 Abandoning the Westerly 5-feet of a 10-foot Public Utility and Drainage Easement Along the Easterly Property Line of Lot 3, Tract 123, Block 14, 3490 Bali Drive, Joan Haukos/Applicant 6.4 ID 14-0254 Adopt Resolution No. 14-2822 Approving Lake Havasu City Consolidated Court Lease Agreement with Mohave County 6.5 ID 14-0260 Adopt Resolution No. 14-2823, Amending Resolution No. 14-2814 Calling Lake Havasu City Primary and General Elections, to Correct the Deadlines for Voter Registration 6.6 ID 14-0239 Approve a proposed amendment to an approved final subdivision plat for the Cove portion of the Sailinghawks Development 6.7 ID 14-0241 Approve Expenditures to Exceed $40,000 with Chapman Ford to Purchase One (1) 2015 F550 Regular Cab Service Truck 6.8 ID 14-0250 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 4:00 p.m. Tuesday, May 27, 2014. 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 14-0267 Presentation of Flood Control Funding - Supervisor Steven Moss, Mohave County District 5 7.2 ID 14-0252 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions 7.3 ID 14-0249 City Manager’s Report 8. PUBLIC HEARINGS 8.1 ID 14-0258 Recommend Approval of a Special Event Liquor License Application for the Chamber of Commerce After-Hours Business Networking Mixer on May 15, 2014, at 1515 North Lake Havasu Avenue #101 / Krueger 8.2 ID 14-0246 Adopt Resolution No. 14-2821 Establishing and Appointing Members to the Home of the London Bridge Advisory Committee 8.3 ID 14-0255 Adopt Resolution No. 14-2820 Authorizing Submittal of a WaterSMART Grant Application to the Bureau of Reclamation for Water Reuse Feasibility Study 8.4 ID 14-0215 Adopt Resolution No. 14-2813 Approving Lease Agreement with the Lake Havasu Metropolitan Planning Organization for Office Space at City Hall 8.5 ID 14-0244 Award Bid: Water Main Replacement, Project No. WT3080 Lake Havasu City Page 2 Printed on 5/8/2014 City Council Regular Meeting Agenda May 13, 2014 8.6 ID 14-0257 Award Bid: Beach Cleaning Equipment, B14-VM-01 8.7 ID 14-0220 Discussion and Possible Direction Re: Balloon Operations within City Limits (City Code Section 9.16.160) 9. CURRENT EVENTS Pursuant to A.R.S. § 38-431.02(K), a public body shall not propose, discuss, deliberate, or take legal action on any Current Event item Council Committee Reports: Airport Advisory Board - Councilmember Alger League of AZ Cities and Towns Executive Committee - Mayor Nexsen Clean Colorado River Sustainability Coalition (CCRSCo) - Mayor Nexsen Community Development Advisory Board - Councilmember McAtlin Havasu Youth Advisory Council - Councilmember Alger Lake Havasu Area Chamber of Commerce - Councilmember McAtlin Lake Havasu Convention and Visitors Bureau (CVB) - Councilmember Callahan Lake Havasu Metropolitan Planning Organization (MPO) - Councilmember Nexsen/Barlow/Callahan Mohave County Water Authority - Councilmember Callahan Parks & Recreation Advisory Board - Councilmember Barlow Partnership for Economic Development (PED) - Councilmember Barlow Public Safety Personnel Retirement System – Local Fire Board - Mayor Nexsen Public Safety Personnel Retirement System – Local Police Board - Mayor Nexsen Uptown/Main Street Association - Councilmember Coke Water Infrastructure Finance Authority (WIFA) - Councilmember Callahan Western Arizona Council of Governments (WACOG) - Councilmember Brister 10. CALL TO THE PUBLIC 11. FUTURE MEETINGS Tuesday, May 20, 2014 @ 1:30 p.m. - Budget Work Session Tuesday, May 27, 2014 @ 4:00 p.m. - Executive Session Tuesday, May 27, 2014 @ 6:00 p.m. - Regular Meeting 12. FUTURE AGENDA ITEMS 13. ADJOURN Lake Havasu City Page 3 Printed on 5/8/2014

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