City Council

Lake Havasu City Mayor Mark S. Nexsen Vice Mayor Donna Brister Lake Havasu City Police Facility Councilmember Dean Barlow 2360 McCulloch Blvd North Councilmember Don Callahan Regular Meeting Minutes - Final Lake Havasu City, Arizona 86403 www.lhcaz.gov Councilmember Jeni Coke Councilmember Michele Lin Councilmember Cal Sheehy City Council Tuesday, January 13, 2015 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 There was no invocation given 3. PLEDGE OF ALLEGIANCE The mayor led in the Pledge of Allegiance. 4. ROLL CALL Present: 7- Mayor Mark S. Nexsen, Councilmember Dean Barlow, Vice Mayor Donna Brister, Councilmember Don Callahan, Councilmember Jeni Coke, Councilmember Cal Sheehy and Councilmember Michele Lin 5. CALL TO THE PUBLIC Ms. Danielle Brown addressed the Council and stated that she currently works in the foster care field as a social worker in Lake Havasu City and has a lot of interaction with families in need. She said she has witnessed their frustration when they try to get back on their feet, and when the temperature dropped and the snow fell on New Year’s Eve many of the places these families could go were closed. Ms. Brown said she spoke to some of the homeless who said they were afraid to seek help because if the police saw them, they would arrest or fine them. She also said they had discussed with her that the police had slit their tents. Ms. Brown said the City ordinance that makes camping illegal forces these people to hide and avoid seeking the help that they need to get back on their feet and be contributing members of our community. She said when she speaks to teachers they are painfully aware there are students that do not have a place to stay or food to eat and has heard multiple reports that there are 183 homeless children in our school district. She said sadly, many of the homeless in our town are Veterans, men who have paid incomprehensible costs to Lake Havasu City Page 1 Printed on 1/29/2015 City Council Regular Meeting Minutes - January 13, 2015 Final allow us the freedoms we live with every day and yet, they are ignored and are fined for living in the same style tents that many of them lived in when they fought for our country overseas. She added that many also suffer from Post-Traumatic Stress Disorder (PTSD) and are unable to obtain employment or maintain relationships with their families which leaves them isolated. She stated that she is not naive to the fact that homelessness causes an issue for cities and must be addressed but wanted to make it clear that she has the utmost respect for our police department and everything they do because they are simply enforcing the law. Ms. Brown said the spring breakers destroy beaches and make the lake an unsafe place to take children because of the nudity and inappropriate behavior in the channel but despite this reality, the city continues to allow these people to come because it generates revenue. She said as a result of those issues, the community has banned together and implemented things such as teen break to keep the children safe and the churches feed the spring breakers to ensure that they maintain hydration and safety. Ms. Brown asked the community to do the same for the homeless population and to lift the fine that we all know they cannot afford to pay, and provide a place for them to go when there is extreme weather. She said other cities have similar ordinances regarding homelessness but the one major difference is all of those cities have homeless shelters where those people can go. She said she understands that shelters and programs take time and money to build but as the community begins to work towards those goals, she asked that the City lift the ordinance and allow those people to live without fear in the same respect that each of us are granted. Ms. Patty Klingensmith addressed the Council and said the community should not only step up and help the homeless but anyone who lives in Lake Havasu City during the cold weather or the extreme hot weather. She said on New Year’s Eve she and a few others walked the block and checked on everyone in her neighborhood. She said they took three families into her home for that week because of the cold. Ms. Klingensmith said people who are homeless or alone do not know how to handle these situations and need the communities help. She asked that the City institute some type of emergency management system. 6. CONSENT AGENDA 6.1 ID 15-0001 Approval of the December 16, 2014, City Council Work Session and December 23, 2014, Regular Meeting Minutes 6.2 ID 14-0637 Adopt Resolution No. 15-2891 Abandoning the Eastern 5-foot by 210-foot Portion of a 10-foot by 210-foot Public Utility and Drainage Easement Along the Western Property Line of Tract 128, Block 7, Lot 35/Erik Floren 6.3 ID 14-0638 Adopt Resolution No. 15-2892 Abandoning the Easterly 6-foot by 133.57-foot Portion of an 11-foot by 133.57-foot Public Utility and Drainage Easement Along the Western Property Line of Tract 2255, Block 7, Lot 1/Donald Ford Lake Havasu City Page 2 Printed on 1/29/2015 City Council Regular Meeting Minutes - January 13, 2015 Final 6.4 ID 14-0639 Adopt Resolution No. 15-2893 Abandoning the Western 5-foot Portion of the 10-foot Public Utility and Drainage Easement Along the Eastern Property Line of Tract 117A, Block 4, Lot 5/Harold and Julie Roach 6.5 ID 14-0642 Adopt Resolution No. 15-2894 Abandoning the Existing Horizontal Regime Condominium Subdivision “McCulloch Manor One” and Revert the Property to Acreage/Scott and Kimberle Dahl 6.6 ID 14-0633 Approve Amendment No. 001 to ImageTrend Software Licensing Agreement to Upgrade to ImageTrend Elite 6.7 ID 15-0002 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 4:00 p.m. Tuesday, January 27, 2015 Councilmember Callahan moved to approve the Consent Agenda as presented, seconded by Councilmember Barlow, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 15-0003 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 15-0004 City Manager’s Report City Manager Charlie Cassens reported on the following: • Human Resources-Quarterly Retirement Announcement. Richard Terrenoni, Police, 21 years of service Kathy Kimball, Police, 22 years of service Larry Didion, Deputy City Manager, 30 years of service Rich Sloma, Police, 31 years of service Terry Eyestone, Police, 26 years of service • The London Bridge granite recovery effort is complete. • Code Enforcement updates. There are currently 40 active and open cases. • The Havasu Balloon Festival will be held January 16th through January 18th at the Nautical Beachfront Resort. 8. PUBLIC HEARINGS Lake Havasu City Page 3 Printed on 1/29/2015 City Council Regular Meeting Minutes - January 13, 2015 Final 8.1 ID 14-0628 Adopt Resolution No. 15-2887 Appointing Members to the Board of Adjustment Ms. Williams stated that the City Clerk’s office received two applications requesting consideration for reappointment to the Board of Adjustment. She noted that these appointments are needed to fill regular member vacancies that expired on July 1, 2014. Ms. Williams also noted that Mr. Edward Gagnon and Ms. Paula Fowler were present to make a brief presentation and answer any questions from the Council. Ms. Fowler stated that she has been a resident of Lake Havasu City for approximately 15 years and has served on the Board of Adjustment for two terms. She added that her background includes involvement in city councils, planning commissions, budget committees, utility rate review committees, and added that she is also a retired federal employee. Councilmember Brister asked Ms. Fowler how she saw the City moving forward and asked what she was interested in or excited about with regard to what is happening in Lake Havasu City. Ms. Fowler said the purpose of the Board of Adjustment is to resolve issues that the code enforcement officer cannot get involved in and is there to listen and follow State statutes. Mr. Gagnon said he was a city manager for 38 years in the state of Maine and moved to Lake Havasu City in 2006. He said after 38 years in public administration he really wanted to stay involved with city government, and added that he is impressed with the work the City Council does for Lake Havasu City. City Attorney Kelly Garry thanked Ms. Fowler and Mr. Gagnon for their continued involvement with the Board of Adjustment. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to adopt Resolution No. 15-2887 appointing Mr. Edward Gagnon and Ms. Paula Fowler as regular Members to the Board of Adjustment with a term ending June 30, 2017, seconded by Councilmember Coke, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 8.2 ID 14-0632 Series #07 Liquor License, Pimpin Shrimp, 2139 McCulloch Boulevard North, Suite A/Lopez Mayor Nexsen noted that Item 8.2 was tabled to a later date. Lake Havasu City Page 4 Printed on 1/29/2015 City Council Regular Meeting Minutes - January 13, 2015 Final 8.3 ID 14-0619 Introduce Ordinance No. 15-1123 Amending City Code Section 02.04.430 to Include Electronic Voting at City Council Meetings. Ms. Garry advised that with technology and the ability to cast votes electronically the City needed to include new language into the City Code. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to introduce Ordinance No. 15-1123 amending Section 02.04.430 of the Lake Havasu City Code to include electronic voting, seconded by Councilmember Brister, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 8.4 ID 14-0631 Approval of Reclaimed Water User Agreement with City Center Executive Plaza, L.L.C. for The Refuge Golf and Country Club Mr. Cassens advised that before the Council was a new agreement for reclaimed water use for The Refuge Golf Course (The Refuge). He said the original developers entered into an agreement to repay the City for a pipeline to bring effluent water to irrigate the golf course, and at that time, the golf course was the only one that needed that line but in the years since the line has gained more of a public benefit as the City needs that line as part of its effluent disposal infrastructure. Mr. Cassens added that the golf course has currently paid approximately half of the value of that line and this new agreement essentially relieves them of the responsibility to pay for the second half. Mayor Nexsen said from his understanding the City is in need of somewhere to dispose of effluent, to which Mr. Cassens stated that was correct, and added that the value the golf course brings to the disposal of that effluent is significant when looking at the alternatives of having to create another place to deliver effluent and the infrastructure that would be necessary. Mr. Cassens further added that the vadose injection wells were the biggest part of the City’s effluent disposal in the beginning but it is very expensive and, in his opinion, it is more advisable to use a more conventional way of effluent disposal through irrigation. Councilmember Lin asked if The Refuge was current on their water bill, to which Mr. Cassens said staff was currently working with The Refuge under the instructions received from the Council in previous discussions. Mayor Nexsen stated that with this agreement The Refuge would have to take the effluent because it would be a disposal site, to which Mr. Cassens stated that was correct. Lake Havasu City Page 5 Printed on 1/29/2015 City Council Regular Meeting Minutes - January 13, 2015 Final Mayor Nexsen opened the public hearing. Mr. Chuck Vaughn addressed the Council and asked if The Refuge would still be paying for water like the other golf courses in town, to which Mr. Cassens replied that The Refuge would still pay for the effluent but wanted to clarify that their potable water is provided by EPCOR. Mayor Nexsen also wanted to clarify that the City would not be giving anything away. He said the City would be receiving a benefit in that the agreement would not require the City to build a new disposal site. Mr. Doug Dill addressed the Council and expressed concern that The Refuge would only have to pay for half of their line that the citizens are paying for, to which Mayor Nexsen clarified that the line belongs to the City. Mr. Cassens further explained that the citizens paid to put in the line under an agreement where the developer was going to pay back the value of that line, and added that the developer has paid back half the value. He said since the line was installed it has gained a public value and has become part of the City’s effluent disposal infrastructure. Mayor Nexsen said the cost for a new vadose well would be around $600,000 to $700,000, whereas the City can use the existing line to avoid incurring more expense for the tax payers. Ms. Patty Klingensmith addressed the Council and asked if The Refuge was in the city or county because she did not think the City should be required to fund something outside city limits. Mayor Nexsen said it was in the county and explained that the Arizona Department of Environmental Quality (ADEQ) required the City to serve a larger community than just Lake Havasu City which is why there are areas that the City is serving outside city limits. Mayor Nexsen clarified that this agreement would allow the City to save money by disposing effluent on the golf course, instead of spending money on a new disposal site. Ms. Klingensmith said she understood that but did not feel The Refuge should only have to pay half of what they originally agreed to. Mayor Nexsen said the City could insist they pay the remaining $300,000, and then turn around and spend much more to construct a new vadose well. Mr. Joe Tommila addressed the Council and asked how much this was going to cost the City, to which Mayor Nexsen replied that the cost to construct the line was $600,000 and The Refuge has paid back half, or $300,000. Mr. Warren Wolff addressed the Council and asked if the City had a way to recover the $300,000 in lost revenue, to which Mr. Cassens explained that the City initially funded the installation of the line; therefore, it is essentially already paid for, and added that it would not be a significant impact to the budget because the repayment revenue fluctuated with the amount of effluent they would use. Lake Havasu City Page 6 Printed on 1/29/2015 City Council Regular Meeting Minutes - January 13, 2015 Final Mr. Mike Mathers addressed the Council and said it seemed only logical for the City to save $700,000 by giving away $300,000. He asked if the other golf courses are also afforded the same opportunity to deal with effluent in the same dollar and cents venue as The Refuge. Mayor Nexsen noted that they all pay the same exact amount for effluent. Ms. Garry added that there were never any payments for lines for other uses within the city and this instance just happened to be outside the city so the requirement at that time was to construct the line for effluent for the irrigation of the golf course. She said because there is less use of effluent in the city it has become a necessary disposal site. Councilmember Sheehy said the agreement was going to allow the City to solidify The Refuge as a place for effluent disposal and will save the City from having to build another facility. Councilmember Brister moved to approve the Reclaimed Water User Agreement between Lake Havasu City and City Center Executive Plaza, L.L.C., seconded by Councilmember Barlow, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Nay: 1 - Councilmember Lin 8.5 ID 14-0609 Adopt Resolution No. 15-2888 Vacating Approximately 16,250 Square Feet of Right-of-Way Known as Sandwwod Court Serving Tract 2307, Block 3, Lots 8-12, KWL Investments, Owner/Applicant. Senior Planner Stuart Schmeling said the item before the Council was a resolution to vacate a portion of a City right-of-way on Sandwood Court. Mr. Schmeling said in December the property was re-zoned to C-2 and at that time it was stated that there was one property owner for all of the parcels around the perimeter of the cul-de-sac. Mr. Schmeling added that the property was valued at approximately $2,693. Mayor Nexsen said it was his understanding that the City would no longer be responsible for paving the right-of-way and it would also go on the tax rolls. He asked Mr. Schmeling if the applicant intended to build on that piece of property, to which Mr. Schmeling replied that the applicant could build on the property but did not believe that was the applicant’s plan. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to adopt Resolution No. 15-2888 vacating approximately 16,250 square feet of right-of-way known as Sandwood Court currently serving Tract 2307, Block 3, and Lots 8-12, seconded by Councilmember Barlow, and carried by the following vote: Lake Havasu City Page 7 Printed on 1/29/2015 City Council Regular Meeting Minutes - January 13, 2015 Final Aye: 7 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 8.6 ID 14-0612 Adopt Resolution No. 15-2890 Dedicating a 20-foot by 250.43-foot Public Utility and Drainage Easement Over the Existing Sewer Line Adjacent to Tract 2307, Block 3, Lots 8-12, Lake Havasu City, Owner/KWL Investments, Applicant Mr. Schmeling noted that the item before the Council was a companion item to the previous item. Councilmember Callahan asked where they would build, to which Schmeling explained that the buildings would be located adjacent to or near the proposed easement. Mayor Nexsen noted that the buildings would also be gated off. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to adopt Resolution No. 15-2890 dedicating a 20-foot by 250.43-foot public utility and drainage easement adjacent to Tract 2307, Block 3, Lots 8-12, seconded by Councilmember Brister, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 8.7 ID 14-0634 Adopt Resolution No. 15-2889 Authorizing the City Manager and Police Chief to Execute a Peace Officer Training Fund Grant Agreement with the Arizona Peace Officer Standards and Training Board (POST) for the Operation of the Western Arizona Law Enforcement Training Academy (WALETA) Police Chief Dan Doyle advised the Council that Lake Havasu City acts as a fiduciary for the Western Arizona Law Enforcement Training Academy (WALETA). He said staff recently re-negotiated the funding from Arizona Post which is the State certification body for police officers and they are changing the funding. Chief Doyle said instead of paying the academy $2,700 per recruit that graduates, Arizona Post is dropping it to $750 per recruit and would pay the academy an additional $100,000 a year to help run the academy. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan asked if the academy would be receiving $100,000 a year but have to pay $2,700 per recruit, to which Chief Doyle explained that Arizona Post pays for every police officer that is trained in Arizona, and added that they were paying the academy $2,700 per recruit; Lake Havasu City Page 8 Printed on 1/29/2015 City Council Regular Meeting Minutes - January 13, 2015 Final therefore, the money the academy receives is based on how many recruits graduate. He said because it becomes difficult for the academies to budget, Arizona Post is trying to stabilize the academy funding with a direct amount to allow planning for equipment replacement and other needs. Councilmember Brister moved to adopt Resolution No. 15-2889 approving the grant agreement between Lake Havasu City and the Arizona Peace Officer Standards and Training Board regarding the operation of the Western Arizona Law Enforcement Training Academy and authorize and direct the City Manager and Police Chief to execute the agreement on behalf of the City, seconded by Councilmember Coke, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 8.8 ID 15-0005 Discussion and Possible Direction Regarding Permitting Process for Commercial Fitness Activity in Public Parks Community Services Director Greg Froslie advised that the City has been working on the issue of commercial fitness in public parks since July when staff was asked to develop a process that would allow for commercial fitness activity to continue and also provide adequate liability insurance for the City. He said in August he sent a letter to 29 fitness groups in Lake Havasu City notifying them of the existing ordinance that has been in place for the past two and a half decades prohibiting commercial activity in public parks without a Parks Use Permit. The letter asked the fitness companies using the park to apply for a permit at the Aquatic Center while staff dealt with the issue. He said the permit process was discussed at four Parks & Recreation Advisory Board meetings and one work session, and in November the Parks & Recreation Advisory Board approved the permit. Mr. Froslie explained the major criteria in the Board’s approved permit which included: proof of insurance, current city business license, applicant must be a certified fitness trainer, activity in the parks is limited to 5 days a week for 3 hours per day, and an annual fee of $500. Mr. Froslie said staff was hoping for discussion tonight and possible direction on whether the Council supports commercial activity in public parks through a permit process. Councilmember Lin stated that the permit process was only for fitness activities and wondered about the other businesses that use the park. Mr. Froslie explained that the permit is really specific for fitness activities and fitness groups, and added that the other businesses that do business in the park contract with the City through service agreements. Councilmember Lin asked if paddle board lesson businesses were required to pull a permit, to which Mr. Froslie said if they are a business reserving park space or advertising classes in the park then they are required to pull a permit. Councilmember Barlow said this issue is very much the same as the vendors on the beach, which the City fought very long and hard against. He stated that the vendor application addresses all the Lake Havasu City Page 9 Printed on 1/29/2015 City Council Regular Meeting Minutes - January 13, 2015 Final concerns of the Parks & Recreation Advisory Board and he did not see any reason why the vendor process could not be used for this as well. Mr. Froslie said Councilmember Barlow was referring to the City's service agreement process, which could be used for this purpose as well; however, it would require a significant amount of staff time for taking in fees and scheduling classes. Mr. Froslie added that service agreements are typically for a limited number of weeks whereas fitness in the park activity can range from a few weeks, to nine or ten months out of the year. He added that the reason staff developed a new permit specifically for commercial fitness activity is because the existing park use permit is set up for one-day events which do not apply very easily to someone who is scheduling classes through the week, month, or year. Councilmember Barlow said he disagreed with adding another layer of bureaucracy to the permit process. Mayor Nexsen said he researched other cities and towns and found that most limit the number of classes and where the activity can be conducted. He said the City wants to promote fitness health, but also needs to address the concerns and complaints from the community that the public parks are paid for by the taxpayers, and they do not want businesses taking them over except for special events. Councilmember Lin asked if the City received a lot of complaints, to which Mr. Froslie replied no. He said people started asking the City about permits and whether commercial activity in the parks was legal after a newspaper article in July displayed a picture of a yoga class. Councilmember Brister said everyone loves to see people using the parks, but the question is where does the City draw the line. Discussion followed concerning limiting the number of fitness groups in the park. Mayor Nexsen opened the public hearing. Mr. Chuck Vaughn addressed the Council and said there either needs to be a permit for everyone or no one. He added that the City needs to be regulating and not promoting business in the park. Mr. Jim Martin addressed the Council and asked why the Council was even discussing the issue if there have not been any complaints. Mayor Nexsen clarified that they have received complaints from the taxpayers asking why the City allows businesses to operate in the parks. Mr. Martin said the people attending the classes are also taxpayers of the city, and asked why the City could never show him any documentation of the number of complaints received. Mr. Froslie explained that the nature of these complaints are not in the code enforcement database Lake Havasu City Page 10 Printed on 1/29/2015 City Council Regular Meeting Minutes - January 13, 2015 Final because the City was able to offer an interim solution and issued temporary permits to those using the park. Ms. Marla Martin addressed the Council and said she too has asked City staff and the Parks & Recreation Advisory Board to see the complaints. Ms. Martin said she is the only business that complied with Mr. Froslie’s letter and paid the $150 permit fee, and added that she does not have a problem with paying the necessary fees but does have issues with the larger businesses trying to put the smaller businesses out of business. Ms. Martin further added that she has her own building, liability coverage, and has been properly trained, and requested that the Council reconsider the $500 permit fee. Ms. Shawna Karns addressed the Council and said the fact is these are City owned parks and businesses are making money out of them. She said if somebody gets hurt and the City is sued then all the taxpayers are sued too. She said the City needs to be using the permits in place, for all vendors not just fitness that requires information on the program or activity like where, when and for how long. Ms. Hillary Smith addressed the Council and said she thought a few of the stipulations in the proposed permit were unfair and suggested that the Council consider some type of prorated fee per hour. There being no further comments, Mayor Nexsen closed the public hearing. Councilmember Callahan said he did not understand why it was right for any kind of permit process to run a for-profit business out of public parks. He said the parks were built by the City, and in the case of the Rotary Park a lot was donated by Rotarians. Mayor Nexsen said he was concerned with how many more businesses will suddenly want to use the public parks which in effect, the taxpayers are subsidizing that business to compete against businesses that are not operating in the park, and added that commercial activity should not be allowed in the city's two busiest parks, Rotary Park and London Bridge Beach. Councilmember Sheehy said he did not agree with commercial activities in the park but agreed with people wanting to be involved in fitness, and added that what he could support is to give possible direction to the Council to support a controlled process whether through a permit process or a service agreement process for recreational wellness and educational activities in the park. He encouraged the Council to join him in a pilot program with a controlled process, liability insurance, time and scope, and some sort of permit fee which could be run on a trial basis. Mayor Nexsen asked if Councilmember Sheehy was looking to limit the number on a daily basis, Lake Havasu City Page 11 Printed on 1/29/2015 City Council Regular Meeting Minutes - January 13, 2015 Final to which Councilmember Sheehy responded that he did not think it would be necessary to limit the number if there was a limited time and scope, and added that the Council could leave it to staff to put discretion on how many permits would be issued for a date and time. Councilmember Coke asked if what Councilmember Sheehy was suggesting is that the Council accept the permit on a trial basis and for staff to use their best judgment on how many permits are issued, to which Councilmember Sheehy replied that the Council was not asked to approve the process in the permit provided, but thought there should be a mechanism for fitness activities in the park. Discussion followed regarding for-profit commercial activities and service agreements. Councilmember Sheehy said the Council seemed to be hung up on the word “commercial” as he was looking at more of the recreational education programs like the snake bite clinic and other programs. Mayor Nexsen said those types of activities are using service agreements and are not done on a routine manner. Ms. Garry said programs like the snake program are for a certain number of days and for a certain period of time. She said the City could equate that to a fitness program where the City is only going to allow it for six weeks, two times a week, once a year, and with one vendor. Councilmember Sheehy stated that was what he was suggesting. Councilmember Lin said she found it hard to believe that businesses are taking money down at the park and using the parks as a business location, to which Councilmember Sheehy replied that there are folks that do not have a brick and mortar location, but added that this discussion is not about brick and mortar but about an agreement and giving direction on whether the City is going to allow fitness activities in the park. Councilmember Callahan said if the City opens this up to one venue there will be several other types of businesses asking to do the same thing, and he felt strongly that the parks should not be used at all for profit businesses. Councilmember Sheehy reiterated that he does not support commercial activity in the parks but does believe the residents of the community want fitness activities to occur in the park. He asked for the Council’s support in giving staff direction to conduct a pilot program to monitor the results and have a vehicle to measure that against metrics to see if it is working for the residents of the community. Mayor Nexsen questioned how the word “fitness” would be defined, to which Ms. Garry replied that it would depend on how the Council would want to define fitness. She said it could be a fitness Lake Havasu City Page 12 Printed on 1/29/2015 City Council Regular Meeting Minutes - January 13, 2015 Final class that includes what type of class and if it is geared to a certain age. Ms. Garry suggested that they stay away from team sports as those are handled through other vehicles. Mayor Nexsen asked what other fitness providers would do during the trial program if they were going to use a process like a service agreement and only issue it to one individual, to which Councilmember Sheehy explained that what he was suggesting was for a trial period to be open to all fitness providers that meet the criteria with liability insurance coverage and certified fitness professionals. Mayor Nexsen asked if there would be a limit to how permits would be issued during the trial period, to which Councilmember Sheehy said he did not see why a limit would need to be set because there may or may not be an issue. He added that a pilot program would give the Council some solid data on how many folks are using the park system. Mayor Nexsen asked how staff would handle a person or group that decides not to get a permit or service agreement, to which Councilmember Sheehy said those situations could be handled through code enforcement. Councilmember Lin asked how enforcement in the parks is handled, to which Mr. Froslie explained the City's current procedure. He said staff also visits various websites to see if people are advertising classes in the park. Mr. Froslie said the process allows for a citation to be issued but typically staff will ask them to leave the park and apply for a permit. Ms. Garry stated that in all fairness the issue is in limbo so staff cannot say there is anything being fully enforced at this time. She said once staff has a clear direction, staff will have a better way of handling enforcement issues. Councilmember Barlow said he agreed with Councilmember Callahan’s statement that the City should not allow for-profit businesses in the park. Councilmember Sheehy said he felt the Council would be doing a great disservice to the city’s parks, residents, and quality of life if the City did not allow fitness activities with a controlled process and a limited time and scope for this particular level of park usage. Mayor Nexsen clarified that the Council is not saying no fitness activities in the park, but commercial fitness activities are very different. Ms. Martin addressed the Council and asked what would happen if she decided to do community service and offer free boot camp in the park and personal training in her gym, to which Mayor Nexsen replied that she would be required to obtain a permit. Ms. Martin stated that she asked him the same question on the radio earlier and the answer was she would not be required to obtain a Lake Havasu City Page 13 Printed on 1/29/2015 City Council Regular Meeting Minutes - January 13, 2015 Final permit. Mayor Nexsen explained that by charging customers four days a week but the fifth day is free is still charging. He said he would venture to say that staff would still require a permit because the City would need to know who is using the park and when due to other activities in the park and the issue of reserving park space. Councilmember Callahan said his recommendation was that the City not allow commercial businesses to operate in the parks. Councilmember Sheehy reiterated that he believed the Council should create a vehicle for a pilot program to allow fitness programs and recreational programs in the parks under a controlled process with a limited time and scope. Ms. Garry stated that she did not want to discuss every other possibility of commercial aspect but just limit it to commercial fitness. She said staff is looking for specific direction on this specific item of commercial fitness and the concept and whether the City is going to allow it in the parks or not. Councilmember Callahan said his recommendation was to not allow commercial fitness in the parks. Councilmember Sheehy said his recommendation was to have a pilot program with the conditions previously mentioned. Councilmember Lin agreed with Councilmember Sheehy. Councilmember Barlow agreed with Councilmember Callahan to now allow commercial fitness in the parks. Councilmember Brister said her recommendation was to not allow commercial businesses in the parks. Councilmember Coke said she liked the idea of Councilmember Sheehy’s trial program but thought it was very broad and she could not agree to something like it without having more details. Councilmember Sheehy amended his recommendation to allow staff to take what has been discussed and incorporate it into a pilot program. Councilmember Coke said if what Councilmember Sheehy is recommending is that staff put together information on a trial program and bring it back to the Council at a later date she would be open to that; however, she could not support making a decision to have a trial program at this time. Lake Havasu City Page 14 Printed on 1/29/2015 City Council Regular Meeting Minutes - January 13, 2015 Final Councilmember Sheehy amended his recommendation to give direction to staff to create a pilot program using a controlled process and limited time and scope, and asked that it be brought back to Council at the next available opportunity. Councilmember Brister asked who would define the term “fitness,” to which Councilmember Sheehy amended his recommendation to include that staff define the term "fitness" in the pilot program. Councilmember Barlow said he disagreed with allowing commercial activity in the parks but said there needs to he a vehicle for commercial fitness programs and recreational or education programs because they help enhance the quality of life for the residents in the community. Councilmember Lin said she thought it was important to utilize the parks with fitness but not if they are using the parks as their primary location. Councilmember Lin added that she would like to see the complaints that have been filed. Mayor Nexsen asked Councilmember Lin if she wanted to modify Councilmember Sheehy’s recommendation to include only businesses have a brick and mortar building. Mr. Froslie explained that the permit presented to the Council requires a current business license and part of the approval process would be to verify their business location. Mayor Nexsen said he did not have a problem with bricks and mortar businesses using the park on a limited basis through a service agreement, but does have a problem with those that do not and are using the parks solely as their business location. There was discussion on whether the pilot program would be open to anyone wanting to do fitness activity in the park. Councilmember Sheehy clarified that by “limited time and scope” he did not mean businesses that would be running full-time out of the parks, and added that he would not support that kind of activity, to which Councilmember Lin agreed. Mayor Nexsen said for clarification “commercial fitness in the park" is only open to anyone with a real business address where they conduct classes at that business. He added that it cannot be a house or backyard, only commercial property. Councilmember Sheehy added that a limited time and scope would prevent someone that does not already own some kind of fitness program to be able to operate in the park, as it would limit the types of programs and activities, as well as the number of days and weeks. Discussion followed concerning service agreements. Councilmember Barlow said there was a lot of discussion at the Parks & Recreation Advisory Lake Havasu City Page 15 Printed on 1/29/2015 City Council Regular Meeting Minutes - January 13, 2015 Final Board meetings concerning the $500 fee. He said the fee structures for the City’s service agreements are quite different as the City typically handles the registration, advertising, and program fees, and the service provider recovers a certain percentage. He said the City has been using the service agreement process for a long time and it works well, and added that he thought the City should consider using the same process for fitness activities. Mr. Cassens stated the item before the Council was a measurement tool and staff was hoping for a consensus from the Council to come away with thumbs up or thumbs down from a policy standpoint. He said staff will define fitness, and limit it to businesses that have a business address and a Lake Havasu City business license. He added that staff will develop a system, or process, that can hopefully fulfill all of the desires and concerns and will bring it back to the Council for a formal vote. 9. CURRENT EVENTS There were no council committee reports. 10. CALL TO THE PUBLIC There were no requests to address the Council. 11. FUTURE MEETINGS Tuesday, January 20, 2015 @ 2:00 p.m. – Work Session Tuesday, January 27, 2015 @ 5:30 p.m. – Work Session Tuesday, January 27, 2015 @ 6:00 p.m. – Regular Meeting Tuesday, February 10, 2015 @ 6:00 p.m. – Regular Meeting Ms. Williams advised that the work session scheduled for Tuesday, January 27, 2015 at 5:30 p.m. has been canceled. 12. FUTURE AGENDA ITEMS Mayor Nexsen requested an item to readdress The Refuge Golf Course effluent charges to get the maximum revenue to our sewer system because they have cut back tremendously on their effluent usage. 13. ADJOURN Upon motion by Councilmember Callahan and seconded, the meeting adjourned at 8:18 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 January, 2015. I further certify that the meeting was duly called and posted, and that a quorum was present. Lake Havasu City Page 16 Printed on 1/29/2015 City Council Regular Meeting Minutes - January 13, 2015 Final ____________________________________ Kelly Williams, City Clerk Lake Havasu City Page 17 Printed on 1/29/2015