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 27, 2015 6:00 PM 1. CALL TO ORDER Mayor Nexsen called the meeting to order at 6:00 p.m. 2. INVOCATION: Captain Bob Lueras, Salvation Army Church Captain Bob Lueras with 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, Vice Mayor Donna Brister, Councilmember Don Callahan, Councilmember Jeni Coke, Councilmember Cal Sheehy and Councilmember Michele Lin 5. CALL TO THE PUBLIC Mr. Roland Reed, three year resident of Lake Havasu City, addressed the Council and said he volunteers at Our Lady of the Lake Church in the soup kitchen. He spoke about the no camping ordinance and $500 fine. He requested that the community open their doors more to help the homeless people and that the City open facilities for the homeless to take showers occasionally. Mr. Steve Paterson, 17 year resident of Lake Havasu City and ordained priest at the Episcopal Anglican Church, addressed the Council and said he has a history of helping the less fortunate in this community. Mr. Paterson stated that there is a homeless problem in Lake Havasu City and we as a community can do better to help the homeless. He added that he considers the homeless problem to be the responsibility of the private sector but also thinks the City has a responsibility but considers it to be more of an advisory and possibly somewhat financial. He suggested that a committee be formed to bring both private and City resources together to address the homeless problem in our community. Lake Havasu City Page 1 Printed on 2/13/2015 City Council Regular Meeting Minutes - January 27, 2015 Final Mr. Jack Anderson, representative from the Bouse Volunteer Fire District, addressed the Council and asked for the Council’s consideration of their bid on a couple of Lake Havasu City fire engines that the City will be placing up for auction in the near future. Ms. Patty Klingensmith, resident of Lake Havasu City, addressed the Council regarding the homeless problem and the City’s Emergency Preparedness Guide. She questioned what constitutes an “emergency” in Lake Havasu City besides a microburst. Ms. Klingensmith added that homelessness is not a crime in Arizona and she asked how she could get this issue on the next ballot. 6. CONSENT AGENDA 6.1 ID 15-0008 Approval of the January 13, 2015, City Council Regular Meeting Minutes 6.2 ID 15-0011 Adopt Resolution No. 15-2895 Abandoning the Northerly 5-foot by 84.44-foot Portion of a 10-foot by 95-foot Public Utility and Drainage Easement Along the Southern Property Line of Tract 2157, Block 12, Lot 27/Stephen and Song Cha Bennet 6.3 ID 15-0012 Adopt Resolution No. 15-2896 Abandoning the Northerly 5-foot by 125-foot Portion of a 10-foot by 135-foot Public Utility and Drainage Easement Along the Southern Property Line of Tract 123, Block 12, Lot 1/Mark Hansen. 6.4 ID 15-0016 Adopt Resolution No. 15-2898 Abandoning the Westerly 3-foot Portion of a 10-foot Public Utility and Drainage Easement Along the Easterly Property Line of Tract 2244, Block 6, Lot 24/Michael Teschler 6.5 ID 15-0022 Recommend Approval of a Special Event Liquor License Application for the 928MX Fundraiser on February 12 through 15, 2015, at 7260 Dub Campbell Parkway / DeCol 6.6 ID 15-0023 Recommend Approval of a Special Event Liquor License Application for the Friends of the Fair Mountain Bike Race on February 21, 2015, at 7206 Dub Campbell Parkway / Campbell-Nagel 6.7 ID 15-0024 Recommend Approval of a Special Event Liquor License Application for the Friends of the Fair Joe Archie Retirement Event on April 25, 2015, at 7206 Dub Campbell Parkway / Campbell-Nagel 6.8 ID 15-0009 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 5:00 p.m. Tuesday, February 10, 2015 Councilmember Callahan moved to approve the Consent Agenda as presented, Lake Havasu City Page 2 Printed on 2/13/2015 City Council Regular Meeting Minutes - January 27, 2015 Final 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 15-0010 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 15-0007 City Manager’s Report Mr. Cassens reported the following: • Patrick Tinnell Skate Park Emergency Phone Update. • Code Enforcement Updates. Currently there are 38 active and open cases. • Congratulated Fire Chief Dennis Mueller and the Lake Havasu City Fire Department for being recognized by the Arizona Department of Health Services’ Bureau of Emergency Medical Services and Trauma System. He announced the Bureau has granted the Lake Havasu City Fire Department “Premier EMS Agency” status. • The Police Explorer Post returned from the Chandler Police Explorer Competition, where they took three first place, one third place, and one fourth place trophies. There were 57 Explorer Posts from Arizona, California, Nevada, and Colorado. Chief Doyle introduced and recognized Police Explorers: Michael Taylor, Breanna Trudell, Michael Overly, Austen Cowper, Joshua Clement, Casey Thomas, Calvin Hernandez, Matthew Guntle, Whitney Wilson, Tyler Stirling, Allen Salee, Dakota Covello, Matthew Coulter, and Riley Egelin. Chief Doyle also recognized Police Explorer Advisors Officer Ken Mitchell, Officer Mike Thornhill, Officer Greg Melodia, and Officer Mike Terrinoni. • Update on Special Events: • February 2-6, 2015 – 14th Annual Spring Frenzy at the Aquatic Center • February 7-8, 2015 – Annual Winterfest on Main Street Police Chief Dan Doyle said at the City Manager’s request, he prepared a brief presentation on the Police Department’s efforts and how the no camping ordinance is enforced in Lake Havasu City. He added that at one of the previous City Council meetings a citizen announced that some police officers had slashed tents belonging to the homeless and said the matter is currently being investigated by the Professional Standards Bureau to ascertain where the allegation came from and if there was any wrong doing on the part of a police officer. He said there has been some confusion when it comes to homelessness and the no camping ordinance. He said statistically in 2014 there were 83 no camping calls, of which 31 were unfounded and 52 were handled with a warning and Lake Havasu City Page 3 Printed on 2/13/2015 City Council Regular Meeting Minutes - January 27, 2015 Final told to move on. He added that in 2014 the City received 139 transient related calls regarding a suspicious person or someone sleeping in a vehicle or in front of a business, of which only 11 individuals were issued a citation under the no camping ordinance. Chief Doyle briefly explained the circumstances surrounding the 11 citations that were issued. Chief Doyle said he was not certain how the rumor started that the no camping ordinance carries a $500 fine because there is no mention of a $500 fine within the ordinance. Chief Doyle said of the 11 individuals that were cited in 2014 the fines ranged from $100 to $300 with a lot of those fines eliminated by serving jail time and/or janitorial work and the fine is lifted after serving so many hours. He said those that do have a lot of fines are usually because the fines have been compounded from other citations like indecent exposure or disorderly conduct arrests. Chief Doyle said there have also been allegations or indications that the Police Department is somewhat unfriendly to the homeless and that is absolutely not the case and he has a lot of upset police officers and employees that have really gone out of their way to help the homeless. He said the Jail Program maintains an inventory of ready-to-eat items that they distribute to any of the homeless and transients that are long term and live out in the bushes. He added that the Police Department has also donated blankets and clothing items that they give to the homeless and staff also uses the industrial washing machines to wash everything that they have and give it back to them clean. Chief Doyle further added that the Police Department works very closely with the Veterans Resource Center (VRC) and local churches, and said just last year the Police Department went out with the VRC to locate homeless veterans and gave them food and clothes, and assistance through the Veterans Association (VA). Chief Doyle said he does not think the camping ordinance is the problem, as the ordinance is actually very handy to have in place to keep people from setting up camp in front of people’s homes or businesses, and noted that it is not used to put people in jail. 7.3 ID 15-0018 Presentation Update on Community Paramedic Program Chief Mueller and Battalion Chief Jason Stello from the Lake Havasu City Fire Department presented an update to the Council on the Community Paramedic Program. 8. PUBLIC HEARINGS 8.1 ID 14-0635 Series #09 Liquor License, London Bridge Liquors, 781 Lake Havasu Avenue North/Patel Ms. Williams advised that Mr. Jayesh Patel applied for a Series #09 Liquor License for London Bridge Liquors, located at 781 Lake Havasu Avenue North. Ms. Williams noted that all posting requirements were met, all fees were paid, and no objections were received. She added that a liquor license was previously held at this location. Lake Havasu City Page 4 Printed on 2/13/2015 City Council Regular Meeting Minutes - January 27, 2015 Final Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Brister moved to recommend that the Arizona Department of Liquor Licenses and Control approve a Series #09 liquor license for London Bridge Liquors, 781 Lake Havasu Avenue North, 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 8.2 ID 15-0006 Series #07 Liquor License, J’s Smoke Shop, 2038 McCulloch Boulevard North/Campbell Ms. Williams advised that Ms. Nancy Lee Campbell applied for a Series #07 Liquor License for J’s Smoke Shop, located at 2038 McCulloch Boulevard North. Ms. Williams noted that all posting requirements were met, all fees were paid, and no objections were received. She 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 #07 liquor license for J’s Smoke Shop, 2038 McCulloch Boulevard North, seconded by Councilmember Callahan, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 8.3 ID 14-0629 Adopt Ordinance No. 15-1123 Amending City Code Section 02.04.430 to Include Electronic Voting at City Council Meetings. City Attorney Kelly Garry advised that this item was introduced at the last City Council meeting and simply allows the option of electronic voting in the City Code. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to adopt Ordinance No. 15-1123 amending Section 02.04.430 of the Lake Havasu City Code to include electronic voting, 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 Lake Havasu City Page 5 Printed on 2/13/2015 City Council Regular Meeting Minutes - January 27, 2015 Final 8.4 ID 15-0013 Adopt Resolution No. 15-2897 Appointing Councilmembers to the Lake Havasu Metropolitan Planning Organization Board of Directors Operations Director Gary Parsons stated that this item is requesting that the Council appoint three members to the Lake Havasu Metropolitan Planning Organization of Directors. Mr. Parsons added that United States code requires that the MPO be managed by a Board of Directors and comprised of locally elected officials. Ms. Garry said there is currently no alternate from the City Council to serve on the MPO Board and asked whether any of the councilmembers were interested in volunteering to serve as an alternate in the case that an alternate is needed. Councilmember Sheehy said he would volunteer to serve as an alternate. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to adopt resolution No. 15-2897 appointing Mayor Mark Nexsen, Councilmember Don Callahan, and Councilmember Donna Brister to the Lake Havasu Metropolitan Planning Organization Board of Directors for a term of one year, and Councilmember Sheehy as an alternate, seconded by Councilmember Callahan, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 8.5 ID 15-0017 Adopt Ordinance No. 15-1124 Granting a Two-Year Extension of an Approved Planned Development Known as the English Village on a 8.52 acres Parcel Located at 501 London Bridge Road Requested by VRE, LLC Councilmember Sheehy said from a perceived conflict of interest he wished to recuse himself from participating and voting on this item. Senior Planner Stuart Schmeling advised that the item before the Council is a request to extend the zoning requirements for the property located at 501 London Bridge Road, or more commonly known as the English Village. Mr. Schmeling added that the property sits on 8.52 acres and is adjacent to the London Bridge and London Bridge Road. Mr. Schmeling said the property was previously rezoned and the zoning entitlements under the Planned Development (PD) expired in September 2014. He added that the City Code provides that under a PD the zoning entitlements can expire in three years if no significant development has occurred on the site. Mr. Schmeling said in this particular case nothing has happened. Lake Havasu City Page 6 Printed on 2/13/2015 City Council Regular Meeting Minutes - January 27, 2015 Final Mr. Schmeling listed the current entitlement included with this PD: • 15.67-foot height exception over and above the 60-foot building height allowable, for Towers I, II, and III • Three (3) Condition Use Permits (CUP) which included: dredging of 1.6-acres, boat mooring, and a marina • 239 condominium units; 215 located in two of the 8-story towers, and the other 24 located above the commercial element • Total commercial square footage of 69,70-feet, with a minimum requirement of a 40-foot wide pedestrian area • Owner deeded .358-acre parcel of property located under the London Bridge to the City Mr. Schmeling advised that the property owner was also in attendance to answer any questions from the Council. Councilmember Barlow asked if the property owner was asking for anything different, to which Mr. Schmeling replied no. He added that the property owner is simply requesting that the Council extend the entitlements for an additional two years. Councilmember Lin asked what would happen to the property if the Council did not approve an extension, to which Mr. Schmeling said if the Council chose to not grant an extension then he would assume that the direction is to rezone the property and then staff will have to go back through the traditional process to the Planning & Zoning Commission and to City Council to rezone the property back to its original designation, which was C-1. Mr. Mike Convy, representative of the owner VRE, LLC, addressed the Council and noted that their request is pretty straight forward and is at the advice of City staff for a way to preserve the better elements of the plan, even though it has not proven to be economically viable in the timeframe. He added that they are diligently working with the City for a more viable plan that will get the English Village off the ground, and they are looking to do that in 2015. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to adopt Ordinance No. 15-1124 extending the zoning entitlements approved within Ordinance No. 11-1057 for an additional two years, seconded by Councilmember Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Lin Recused: 1 - Councilmember Sheehy 8.6 ID 15-0014 Award Contract for the Design/Build of the SCADA Upgrade Lake Havasu City Page 7 Printed on 2/13/2015 City Council Regular Meeting Minutes - January 27, 2015 Final Pre-Construction & Design Phase Services to Quantum Integrated Solutions Project Manager Jeremy Abbott provided the Council with a brief explanation and history of the SCADA system. He explained that SCADA stands for Supervisory Control and Data Acquisition and is a system that the water and wastewater operational staff use to monitor all of the main facilities like treatment plants and pump stations to be sure everything is operating properly. Mr. Abbott added that in the event of a failure there are alarms and other measures that alert City staff. He further added that the City’s SCADA system is currently operating; however, it is nearing an age of approximately ten years. He said the scope of the SCADA upgrade will include: • Assessment of Existing System • Criteria Development • Radio Field Survey • Evaluation and Options • Design • Solicit Subcontractors and Prices Mr. Abbott said the scheduled completion date for the SCADA design phase is April 2015 and at that time staff will bring forward the GMP (Guaranteed Maximum Price) for the construction portion of the project. He added that the overall project consists of a 10-month total contract, which includes the construction phase, and would cost approximately $51,105.47 for the pre-construction and design phase services. He stated that the construction costs were to be determined. Councilmember Barlow asked if this project was part of the Asset Management Plan, to which Mr. Cassens replied yes. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to award the contract for the Design/Build of the SCADA Upgrade Pre-Construction & Design Phase Services, Project No. SS2940, to Quantum Integrated Solutions, in an amount not to exceed $51,105.47, 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 8.7 ID 15-0019 Approve Expenditures for Concrete Repairs with Taz Concrete for FY 2014-15 Maintenance Services Division Manager Mark Clark stated that this item is requesting the Lake Havasu City Page 8 Printed on 2/13/2015 City Council Regular Meeting Minutes - January 27, 2015 Final Council’s approval prior to exceeding the $40,000 threshold for concrete repairs from Taz Concrete. Mr. Clark explained that the City typically goes out to bid in the $5,000 to $10,000 range in groups of sidewalk and driveway repairs. He said the City this year has expended a little over $37,000 with Taz Concrete and anticipates going over the $40,000 threshold. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to approve expenditures exceeding $40,000 with Taz Concrete for FY 2014-15 for concrete repair work, seconded by Councilmember Sheehy, 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 15-0025 Approve Cooperative Purchase for 2015 Ford F250 4X4 Pickup Trucks (MSD) with Chapman Ford Mr. Clark said the item before the Council is a part of the Vehicle Replacement and Asset Management Program, and staff is requesting approval to replace five vehicles that have been analyzed and have met the criteria to be replaced. Councilmember Lin asked Mr. Clark for more information on the Vehicle Replacement Program. Mr. Clark explained the history on the program and how vehicles are replaced based on specific criteria and rotations. Mayor Nexsen added that the Vehicle Replacement Program is a systematic approach to replacing vehicles before they have exceeded their lifespan and cannot be used or sold. Councilmember Lin noted that while the trucks were around 14 to 15 years old, they all had very low mileage, and she did not understand why all five trucks needed to be replaced at a cost of $137,000, especially when three of them are being retained. She questioned whether in the long run this would cost the City more money because the new vehicles will need to be licensed and insured, as well as the vehicles that the City is going to keep. Mr. Clark explained how the vehicles are rated and assessed in the program. He said a vehicle’s mileage is not always a good indicator of what kind of shape a vehicle is in. Mr. Clark explained that most City vehicles do not travel out of town; therefore, a truck with around 67,000 miles is typically making short trips and stopping and starting continuously which wears very hard on the vehicle. He added that it is also a matter of maximizing the investment of the vehicle at auction. Councilmember Lin questioned whether the City was selling or retaining the last three vehicles listed as “good” or “fair,” to which Mr. Clark said in this case staff is requesting to retain a few of the vehicles temporarily for six months to a year until staff can determine through efficiencies, with 90-plus employees and only 45 vehicles, whether more vehicles will need to be added to the fleet. Lake Havasu City Page 9 Printed on 2/13/2015 City Council Regular Meeting Minutes - January 27, 2015 Final Councilmember Lin stated that she did not feel comfortable voting on five new vehicles without actually seeing the vehicles. Mayor Nexsen said Councilmember Lin could make a motion to table the item, which would require a second and vote of the Council, or she could simply vote no on the purchase of five vehicles, or she could make a motion to approve only some of the vehicles. Councilmember Brister stated that the Council relies on City staff to notify them of when vehicles need to be replaced, sold, or retained. Mr. Clark added that a few years ago the Council decided that they wanted to extend the Vehicle Replacement Program points for mileage, condition, and other factors from 28 to 32, which the net effect of that was that it added about four years to the City’s policy of retaining vehicles. Mr. Clark added that government use of vehicles is contrary to what business does, and if you think of the mantra to “run government like a business,” businesses turn vehicles over every 5 to 7 years because it is most cost effective for them and they are able to get the most for their return. He added that one difference between business and government vehicles is the mileage. Mayor Nexsen asked how the City is able to get the most from resale if a few of the vehicles are being retained, to which Mr. Clark said it was a matter of what the Council preferred to do. He said they could replace all five vehicles or less, or decide to retain a few of the vehicles. Mayor Nexsen stated that his preference would be for the City to replace the vehicles if they are due to be replaced because if they are due to be replaced but are retained, then the City ends up with a bunch of old vehicles that met all the points but still in the yard. There was discussion regarding the type and size of vehicles being purchased. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Brister moved to approve a cooperative purchase for five (5) F250 Pickup Trucks with Chapman Ford in the amount of $127,390.00 plus appropriate taxes and tire fees, seconded by Councilmember Callahan, 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 9. CURRENT EVENTS Lake Havasu City Page 10 Printed on 2/13/2015 City Council Regular Meeting Minutes - January 27, 2015 Final Councilmember Brister reported that she attended her first Chamber of Commerce meeting earlier in the day and there are many events going on throughout the city. She wanted to remind the community about Winterfest that will be held on Main Street in two weeks. Mayor Nexsen announced that he is an officer now with the League of Arizona Cities and Towns and they are currently very active due to the legislative season. He reported that he will provide updates to the Council and the community on legislation that is both helpful and harmful to cities and towns. 10. CALL TO THE PUBLIC There were no requests to address the Council. 11. FUTURE MEETINGS Tuesday, February 10, 2015 @ 6:00 p.m. – Regular Meeting Tuesday, February 24, 2015 @ 6:00 p.m. – Regular Meeting 12. FUTURE AGENDA ITEMS Councilmember Callahan requested a future agenda item on density of R-3 lots, to which Mr. Garry said the City is currently going through a complete revision of the Development Code and staff could discuss more with Councilmember Callahan outside the meeting to see if what he is requesting is something that staff can address within the Development Code rewrite or if a work session is needed. 13. ADJOURN Upon motion by Councilmember Callahan and seconded, the meeting adjourned at 7:42 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 27th day of January, 2015. 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 2/13/2015