City Council

Lake Havasu City Mayor Mark S. Nexsen Vice Mayor Don Callahan Lake Havasu City Police Facility Councilmember Crystal Alger 2360 McCulloch Blvd North Councilmember David McAtlin Regular Meeting Minutes - Final Lake Havasu City, Arizona 86403 www.lhcaz.gov Councilmember Dean Barlow Councilmember Donna Brister Councilmember Jeni Coke City Council Tuesday, July 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: Reverend Bea Evans, Stonebridge Christian Church Reverend Bea Evans from Stonebridge Christian Church gave the invocation. 3. PLEDGE OF ALLEGIANCE The mayor led in the Pledge of Allegiance. 4. ROLL CALL Present: 6- Mayor Mark S. Nexsen, Councilmember Dean Barlow, Councilmember Crystal Alger, Councilmember Donna Brister, Councilmember Jeni Coke and Councilmember David McAtlin Absent: 1- Vice Mayor Don Callahan 5. CALL TO THE PUBLIC There were no requests to address the City Council. 6. CONSENT AGENDA 6.1 ID 14-0359 Approval of June 24, 2014, City Council Regular Meeting Minutes 6.2 ID 14-0350 Adopt Resolution No. 14-2845 Abandoning the Horizontal Regime Maxwell Townhouses on Lot 1, Block 6, Tract 2287 Reverting the Property to Acreage Lake Havasu City Page 1 Printed on 8/8/2014 City Council Regular Meeting Minutes - July 8, 2014 Final 6.3 ID 14-0354 Adopt Resolution No. 14-2846 Approving a Temporary Construction Easement with ADOT Related to Driveway Construction at Windsor State Park 6.4 ID 14-0362 Adopt Resolution No. 14-2848 Approving Victim Assistance Grant Program Subgrant Award Agreement with Department of Public Safety 6.5 ID 14-0352 Adopt Resolution No. 14-2849 Authorizing Officers/Agent to Deposit, Transfer, and Withdraw Monies in the Local Government Investment Pool for FY 2014-15 6.6 ID 14-0353 Adopt Resolution No. 14-2850 Appointing the Chief Fiscal Officer for Fiscal Year 2014-15 6.7 ID 14-0356 Approve Cooperative Purchase of Office Supplies, Janitorial Supplies, and Furniture from Staples Advantage 6.8 ID 14-0357 Approve Sole Source Purchase of Vehicle/Equipment Fleet Fuel Card Services from Wright Express Financial Services Corporation 6.9 ID 14-0364 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 5:00 p.m. Tuesday, July 22, 2014 Councilmember McAtlin moved to approve the Consent Agenda as presented, seconded by Councilmember Alger, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Councilmember Coke and Councilmember McAtlin Absent: 1 - Vice Mayor Callahan 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 14-0360 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 14-0361 City Manager’s Report City Manager Charlie Cassens reported on the following:  The traffic signal at Kiowa and Palo Verde South has been energized and will be placed in four way flash this week. Milling and paving of the intersection is tentatively scheduled for the week of Lake Havasu City Page 2 Printed on 8/8/2014 City Council Regular Meeting Minutes - July 8, 2014 Final July 21, 2014. The milled material from the street will be utilized to add a paved shoulder to a portion of London Bridge Road to provide a four foot shoulder.  Since the last report of June 24, 2014, Code Enforcement has received 52 new complaints, performed 37 initial complaint inspections, 54 re-inspections, sent 14 violation notices, and closed 26 cases. There are currently 88 active and open cases.  The Certificate of Achievement for Excellence in Financial Reporting has been awarded to Lake Havasu City by the Government Finance Officers Association for its Comprehensive Annual Financial Report (CAFR). This is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its manager. The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive “spirit of disclosure” to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. A special thank you to Valerie Fenske and the Administrative Services staff for their hard work in putting together the award-winning report.  The Lake Havasu City Police Department hosted the 7th Annual Mohave Law Enforcement Explorer Academy June 21st through 28th. The academy consisted of 33 Explorers from 7 Law Enforcement agencies including Chandler, Arizona Police Department, Glendale, Arizona Police Department, El Dorado, California Sheriff’s Office, Elk Grove, California Police Department, Kingman Police Department, Parker Police Department and the Lake Havasu City Police Department. Police Explorers from ages 14 to 20 spent 8 days attending law enforcement related classes including ethics, team building, drug recognition, use of force, defensive tactics, physical conditioning, and drill. Fire Chief Dennis Mueller addressed the City Council and said in January of 2010, Lake Havasu City Fire Department Paramedics started using the Arizona Department of Health Services Cardio Cerebral Resuscitation (CCR) protocols and instituted the Save Hearts in Arizona Registry and Education (SHARE) Program. He recognized Battalion Chief Jason Stello of the Lake Havasu City Fire Department as well as Chris Flores and Julie Sasseen from Havasu Regional Medical Center (HRMC) for developing a campaign to increase public awareness of sudden cardiac arrest and encourage bystanders to get involved with a community outreach program. He added that the Police and Fire Dispatchers were also trained to provide pre-hospital CPR instructions through the 9-1-1 Call Center. He added that Automated External Defibrillators (AED) have been identified throughout the City and are registered with the SHARE Program. He said when they are used within the City a written report is submitted by the Fire Department to the Arizona Department of Health Services (ADHS) and also submits cardiac arrest data to ADHS to support the SHARE Program. He stated that since January 2010, HRMC, Police and Fire Dispatchers, and the Fire Department Medics have worked hard to obtain a very distinguished award for Lake Havasu City. Chief Mueller introduced Carol Gibbs, State Share Education Coordinator. Ms. Carol Gibbs stated that on behalf of the Arizona Department of Health Services, Bureau of Lake Havasu City Page 3 Printed on 8/8/2014 City Council Regular Meeting Minutes - July 8, 2014 Final Emergency Medical Services (EMS), and Trauma Systems they are proud to recognize Lake Havasu City as a HEARTSafe community. She gave special recognition to the HRMC and the Lake Havasu City Fire Department for their efforts and hard work to complete the criteria needed to receive this designation. She read a letter from State EMS Director Dr. Bentley J. Bobroe into the record thanking HRMC and the Lake Havasu City Fire Department for their leadership. Mr. Cassens added that after the installation of a new timing device, the streets lights on McCulloch Boulevard now have two sets of lights, one over the street and the other over the sidewalk. He said he had received a request from a restaurateur on McCulloch Boulevard requesting that both sets of lights burn Friday and Saturday nights for safety reasons. He stated that staff has accomplished that and both sets of lights will remain on both Friday and Saturday nights. 8. PUBLIC HEARINGS 8.1 ID 14-0331 Series #14 Liquor License, Knights of Columbus, 186 London Bridge Road/Czarnowski City Clerk Kelly Williams advised that staff recommends the City Council recommend approval of a Series #14 liquor license to the Knights of Columbus located at 186 London Bridge Road. She said all posting requirements have been met, all fees have been paid, and no objections were received. Ms. Williams added 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 Barlow moved to recommend that the Arizona Department of Liquor Licenses and Control approve a Series #14 liquor license for the Knights of Columbus, 186 London Bridge Road, seconded by Councilmember McAtlin, and carred by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Councilmember Coke and Councilmember McAtlin Absent: 1 - Vice Mayor Callahan 8.2 ID 14-0333 Adopt Resolution No. 14-2838 Appointing Member(s) to the Planning & Zoning Commission Ms. Williams stated that the City Clerk’s office received one application requesting consideration for appointment as a regular member to the Planning & Zoning Commission. She said the appointment is needed to fill a regular member vacancy that expired July 1, 2014. Mr. Doug Hardy addressed the City Council and said he has been a builder in Havasu for 25 years. Lake Havasu City Page 4 Printed on 8/8/2014 City Council Regular Meeting Minutes - July 8, 2014 Final He added that he thought he could bring something to the Planning & Zoning Commission in moving forward in the future. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Alger moved to adopt Resolution No. 14-2838 appointing Doug Hardy as a regular member to the Planning & Zoning Commission for a term ending July 1, 2017, seconded by Councilmember Coke, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Councilmember Coke and Councilmember McAtlin Absent: 1 - Vice Mayor Callahan 8.3 ID 14-0349 Adopt Resolution No. 14-2844 Demanding the State Legislature to Pursue Legislation for the Transfer of Public Lands to Arizona Bullhead City Councilmember Sam Medrano said he was before the City Council requesting approval of a resolution demanding the transfer of public lands from the Federal Government to the State of Arizona. He said the basis for this resolution dates back 103 years when Arizona was given authorization to form a constitution and subsequently became a state in 1912. He said recently, Utah State Senator Ken Ivory and President of the American Lands Council gave a presentation in Bullhead City regarding what it would take to transfer public lands and the impact public lands would have on our communities. He said the idea is that 103 years ago, the federal government made an arrangement with Arizona that they would hold public lands in trust until Arizona grew and could hold events on their own. Councilmember Medrano stated that the federal government has changed its policy on how it handles federal land but it does not change what is written into the law and the constitutional requirements for equal treatment amongst the states. He said many states east of Colorado were given the same trust from the federal government and has since had those public lands transferred to those states. He added that in Arizona, outside of Indian Reservations, 48 percent of the public lands are held by the federal government. Councilmember Medrano said when the State takes over public lands and makes it a mandate to dispose of the public lands that helps the communities by increasing tax base. He said one of the arguments from the federal government is that public lands are everybody’s lands but the truth of the matter is public lands belong to the state and have been held in trust by the federal government for 103 years. He said this resolution prods the Arizona State Legislature to start making a demand that these lands be transferred to the State of Arizona. Mayor Nexsen opened the public hearing. State Representative Sonny Borelli encouraged the City Council to support this resolution. He said Lake Havasu City Page 5 Printed on 8/8/2014 City Council Regular Meeting Minutes - July 8, 2014 Final one of the things the State Legislature is trying to do is to build a critical mass of awareness so that the federal government will relinquish that trust and give Arizona back its land. He said 18 percent of the state is private land and over 50 percent is federally controlled minus the Native America lands. He said this land can be turned over to private sector, counties, and cities, and can be used for economic development and money for education. He said Arizona is ranked 48 out of 50 states in public education; however, that number is very misleading because they are also counting the states that are east of New Mexico where 99 percent of the lands have been returned to the states so they have more money for their education. He added that the Federal Government has locked up $150 trillion in natural resources in the Western United States and at one time they had told one of the states they would give the land back but only the surface as they wanted to control the mineral rights. He stated there will be a Public Lands Conference in Phoenix to try and build critical mass and hopefully get some support from our Congressmen to move forward on this land transfer. There being no further comments Mayor Nexsen closed the public hearing. Councilmember McAtlin moved to adopt Resolution No. 14-2844 demanding the State Legislature to pursue legislation to facilitate the transfer of public lands held in trust within the boundaries of the State of Arizona, seconded by Councilmember Barlow, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Councilmember Coke and Councilmember McAtlin Absent: 1 - Vice Mayor Callahan 8.4 ID 14-0358 Adopt Resolution No. 14-2847 Approving FY 2014-15 Policy and Procedure for the Purchase of Supplies, Materials, and Equipment from Members of the Governing Body Administrative Services Director Valerie Fenske advised that this is an annual item that requires the City to reference a state statue which relates to conflict of interest; exemptions; and employment prohibitions; regarding purchasing through the governing body without going through the competitive bidding process. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to adopt Resolution No. 14-2847 approving a Fiscal Year 2014-2015 policy and procedure for the purchase of supplies, materials, or equipment from members of the governing body, seconded by Councilmember Alger, and carried by the following vote: Lake Havasu City Page 6 Printed on 8/8/2014 City Council Regular Meeting Minutes - July 8, 2014 Final Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Councilmember Coke and Councilmember McAtlin Absent: 1 - Vice Mayor Callahan 8.5 ID 14-0345 Adopt Resolution No. 14-2841 Adopting Lake Havasu City’s Property Tax Levy for Fiscal Year 2014-15 Ms. Fenske stated that this resolution is to adopt the City’s property tax levy for FY 2014/15. She explained that this levy is intended to bring in an estimated $4,232,725 at a rate of $0.7408 per $100 of assessed value. She added that it holds the levy from the prior year and takes advantage of new construction. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Brister asked if this was for new construction, to which Ms. Fenske replied yes. Mayor Nexsen explained that the policy of the City Council has been whatever tax was collected from the assessed value from the prior year that is held flat, but with new construction on land, the value goes up. Councilmember Barlow noted that everyone pays the increase. Mayor Nexsen explained that everybody pays $0.7408 per $100 of assessed value which is $0.0027 higher but added, if the assessed value would go down, you would pay less property tax than the prior year because that is the function of the assessed value. He said he hoped the City Council would maintain the same policy of collecting nothing additional except for new construction. Councilmember Barlow said the projections in the budget book show increases in the rate over the next several years. Councilmember Alger stated she thought he might have been looking at the growth of the community, new construction, and new permits. Councilmember Alger moved to adopt Resolution No. 14-2841 adopting the Lake Havasu City property tax levy rate at $0.7408 per $100 assessed value for Fiscal Year 2014-15, seconded by Councilmember Brister, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Councilmember Coke and Councilmember McAtlin Absent: 1 - Vice Mayor Callahan 8.6 ID 14-0346 Adopt Resolution No. IDD-14-7-1 Adopting the Lake Havasu Irrigation and Drainage District Property Tax Levy for Fiscal Year 2014-15 Lake Havasu City Page 7 Printed on 8/8/2014 City Council Regular Meeting Minutes - July 8, 2014 Final Ms. Fenske said this item is to adopt the Irrigation and Drainage District property tax levy for FY 2014/15. She explained that the tax rate proposed is $268.85 per acre and is unchanged from the FY 2013/14 per acre rate. She added that it is estimated to bring in $5,684,564 into the Irrigation and Drainage District Fund. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to adopt Resolution No. IDD-14-7-1 adopting the Lake Havasu Irrigation and Drainage District property tax levy rate at $268.85 per acre for Fiscal Year 2014-15, seconded by Councilmember Coke, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Councilmember Coke and Councilmember McAtlin Absent: 1 - Vice Mayor Callahan 8.7 ID 14-0347 Adopt Resolution No. 14-2842 Adopting Lake Havasu City Improvement District No. 2 (London Bridge Plaza) Property Tax Levy for Fiscal Year 2014-15 Ms. Fenske stated that this item is to adopt the property tax levy for Improvement District No. 2, the London Bridge Plaza. She said the proposed rate is $0.6014 per $100 of assessed value resulting in an estimated $11,000 levy for FY 2014/15. She explained that this is an increase over the prior year and is determined by the necessary improvements that are needed for the area. Mayor Nexsen added that the increase is determined by the residents of the District. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Brister moved to adopt Resolution No. 14-2842 adopting the Lake Havasu City Improvement District No. 2 (London Bridge Plaza) property tax levy rate at $0.6014 per $100 assessed value for Fiscal Year 2014-15, seconded by Councilmember Alger, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Councilmember Coke and Councilmember McAtlin Absent: 1 - Vice Mayor Callahan 8.8 ID 14-0348 Adopt Resolution No. 14-2843 Adopting Lake Havasu City Improvement District No. 4 (McCulloch Median) Property Tax Levy for Fiscal Year 2014-15 Ms. Fenske advised that this item is to adopt the property tax levy for Improvement District No. 4, Lake Havasu City Page 8 Printed on 8/8/2014 City Council Regular Meeting Minutes - July 8, 2014 Final McCulloch Median. She said the proposed tax rate is $0.6762 per $100 assessed value with an estimated levy of $71,200 for FY 2014/15. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Alger moved to adopt Resolution No. 14-2843 adopting the Lake Havasu City Improvement District No. 4 (McCulloch Median) property tax levy rate at $0.6762 per $100 assessed value for FY 2014/15, seconded by Councilmember McAtlin, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Councilmember Coke and Councilmember McAtlin Absent: 1 - Vice Mayor Callahan 8.9 ID 14-0343 Approve Cooperative Purchase of Waterborne Traffic Paint from Ennis Paint, Inc. Maintenance Services Division Manager Mark Clark said this is the annual award or continuation in use of the State bid for traffic paint. He said there are local vendors that may be able to provide traffic paint for $1 per gallon cheaper, and added that staff would be going through a less than formal bid process regarding that. He said in the meantime, staff needs to purchase some paint immediately and asked that the City Council approve this contract knowing that if the local vendors can provide the same quality of paint, staff would move forward with that informal bid process. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember McAtlin moved to approve a cooperative purchase of waterborne traffic paint from Ennis Paint, Inc., utilizing an ADOT State Contract, seconded by Councilmember Brister, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Councilmember Coke and Councilmember McAtlin Absent: 1 - Vice Mayor Callahan 8.10 ID 14-0337 Approve Cooperative Purchase of Pavement Crack & Joint Sealer from Crafco, Inc. Mr. Clark stated that this is the annual award of the Crafco crack filler bid. He said staff does take advantage of the state bid to get the best price for this product and added that it is not available locally. Mayor Nexsen asked if the price had changed from the prior year, to which Mr. Clark responded that it was not a big change but said the price depends on the cost of the oil. Lake Havasu City Page 9 Printed on 8/8/2014 City Council Regular Meeting Minutes - July 8, 2014 Final Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Alger moved to approve the cooperative purchase of a pavement crack and joint sealer from Crafco, Inc., utilizing the ADOT state contract blanket purchase order, seconded by Councilmember Barlow, andcarried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Councilmember Coke and Councilmember McAtlin Absent: 1 - Vice Mayor Callahan 8.11 ID 14-0355 Approve Sole Source Purchase of a Bobcat 5600 Toolcat from Larson Equipment Company Mr. Clark stated that this is a sole source request for approval to purchase a Toolcat. He said the Toolcat is much more useful than the single use equipment that it is replacing and is a very efficient and effective way of using City resources. Mayor Nexsen asked why this was a sole source, to which Mr. Clark replied that this type of equipment is rare, and added that with the government discount it would be just as competitive as going through the bid process. Councilmember Alger asked about the equipment the City is using currently and wondered if two pieces of equipment, one on the Island side and one on Rotary Park, were needed, to which Mr. Clark replied that due to the parks heavy use, crews are working all day on both sides of the Channel. Councilmember McAtlin asked if this equipment was unique to the Bobcat brand or if there was another company that makes the same equipment, to which Mr. Clark said it is difficult when you narrow the specifications of the equipment, and added that the City already has this type of equipment so there would be standardization. He said staff could advertise and go through the bid process but did not know if that would result in a better choice, especially given the government rate the City is receiving. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to approve the Sole Source Purchase of one Bobcat 5600 Toolcat from Larson Equipment Company for $38,924.03, plus applicable sales tax, seconded by Councilmember McAtlin, and carried by the following vote: Lake Havasu City Page 10 Printed on 8/8/2014 City Council Regular Meeting Minutes - July 8, 2014 Final Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Councilmember Coke and Councilmember McAtlin Absent: 1 - Vice Mayor Callahan 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, July 22, 2014 @ 4:30 p.m. – Work Session Tuesday, July 22, 2014 @ 6:00 p.m. – Regular Meeting Tuesday, August 12, 2014 @ 6:00 p.m. – Regular Meeting Tuesday, August 26, 2014 @ 6:00 p.m. – Regular Meeting - Canceled 12. FUTURE AGENDA ITEMS Councilmember Barlow said in a recent Letter to the Editor the writer suggested possibly changing the meeting times for the City Council or the School Board as they are held on the same night. Mayor Nexsen directed the City Manager to contact the Lake Havasu Unified School District. 13. ADJOURN Upon motion by Councilmember Barlow and seconded, the meeting adjourned at 6:52 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 July, 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 8/8/2014