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City Council

Regular Meeting

Lake Havasu City, AZ · February 10, 2015

AgendaMinutes

Minutes

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, February 10, 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 David Bybee, Community Presbyterian Church Pastor David Bybee, with the Community Presbyterian 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 There were no requests to address the Council. 6. CONSENT AGENDA 6.1 ID 15-0045 Approval of the January 27, 2015, City Council Regular Meeting Minutes 6.2 ID 15-0035 Adopt Resolution No. 15-2900 Abandoning the Northerly 5-foot by 125-foot Portion of a 10-foot by 125-foot Public Utility and Drainage Easement Along the Southerly Property Line of Tract 2220, Block 12, Lot 2/Richard Genovese. 6.3 ID 15-0041 Adopt Resolution No. 15-2902 Ratifying City Manager’s Execution of a Temporary Right of Entry onto State Trust Lands with the Arizona State Land Department Lake Havasu City Page 1 Printed on 3/2/2015 City Council Regular Meeting Minutes - February 10, 2015 Final 6.4 ID 15-0028 Adopt Resolution 15-2899 Approving Mohave County Sheriff’s Office Users Agreement - NCIC / ACJIS / NLETS Data 6.5 ID 15-0038 Recommend Approval of a Special Event Liquor License Application for the Rio Colorado Chapter 99s Fundraiser on March 7, 2015, at 5600 N. Highway 95 / Irwin 6.6 ID 15-0039 Recommend Approval of a Special Event Liquor License Application for the Havasu Realtors Charitable Assistance Realtor Olympics on March 7, 2015, at 2119 McCulloch Boulevard / Annett 6.7 ID 15-0046 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 5:00 p.m. Tuesday, February 24, 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 15-0030 Lake Havasu City Convention & Visitors Bureau Quarterly Update Mr. Doug Traub, President & CEO of the Lake Havasu City Convention & Visitors Bureau, addressed the Council and listed the top five accomplishments in the second quarter: #5) Wayfinding Community Outreach Meetings. #4) Broadcast “Lake Havasu City 2014 – Year in Review.” #3) Saved “WORCS” Off Road Racing Event. #2) New In-Market Lake Havasu City Visitors Guide. #1) Revised and Printed All New 2015 Brochure Collection 7.2 ID 15-0032 Quarterly Investment Report at December 31, 2014 Mayor Nexsen noted that the investment report was for information only. 7.3 ID 15-0044 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions City Clerk Kelly Williams announced the current vacancies on various Lake Havasu City Boards, Committees, and Commissions. N/A Lake Havasu City Page 2 Printed on 3/2/2015 City Council Regular Meeting Minutes - February 10, 2015 Final 7.4 ID 15-0043 City Manager’s Report City Manager Charlie Cassens reported on the following: • The Mesquite Pocket Park fountain project has been completed. • SARA Park water line improvements are scheduled to be completed within the next two weeks. • The Big Boys Toys event will join the Lake Havasu City Airport Open House “Wings, Wheels and Waves” on March 7th. • Code Enforcement updates. There are currently 54 active and open cases. • Detention Officers, Patrol Officers, and Interagency CEO Mike Eigenbrodt worked together to provide supplies and informational flyers to homeless individuals and homeless veterans on January 28th. • A letter was received from Robert Blee from Australia complimenting the Police Department on their professional policing during the shooting death of Justin Roady. • The City will observe Presidents’ Day on Monday, February 16th. Police and Fire Department personnel will be on duty; however, administrative offices, the Aquatic Center, Operations, and Havasu Mobility will be closed. • Western Pyrotechnic Association Winter Blast begins Thursday, February 12th. • The Commission on Professional credentialing met on February 10th and voted unanimously to award Fire Prevention Officer Scott Hartman the “Fire Marshall” designation. • Captain Rich Sloma will be retiring on Friday, February 20th after almost 32 years with the City. 8. PUBLIC HEARINGS 8.1 ID 15-0031 Recommend Approval of a Special Event Liquor License Application for the Lake Havasu Area Chamber of Commerce Fundraiser on February 19, 2015, at 52 S. Lake Havasu Avenue / Krueger Councilmember Jeni Coke recused herself from participating and voting on this item. Community Services Director Greg Froslie stated that the Lake Havasu Area Chamber of Commerce has applied for a Special Event Liquor License for a fundraising event to be held on February 19, 2015. He noted that all fees have been paid and no objections were received. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Special Event Liquor License for the Lake Havasu Area Chamber of Commerce Fundraiser, on February 19, 2015 from 5:00 p.m. to 7:00 p.m. at 52 South Lake Havasu Avenue, seconded by Councilmember Brister, and carried by the following vote: Lake Havasu City Page 3 Printed on 3/2/2015 City Council Regular Meeting Minutes - February 10, 2015 Final Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Sheehy and Councilmember Lin Recused: 1 - Councilmember Coke 8.2 ID 15-0029 Series #07 Liquor License, Pimpin Shrimp, 2139 McCulloch Boulevard North, Suite A/Lopez Ms. Williams stated that this item was tabled in January and is back before the Council for their recommendation. Ms. Williams advised that Pimpin Shrimp, located at 2139 McCulloch Boulevard, has applied for a Series #07 liquor license. She noted that all posting requirements were met, all fees were paid, and the location is properly zoned for a liquor license. Ms. Williams advised that the City Clerk’s office received an objection from the Police Department; therefore, staff is recommending disapproval of the liquor license. Councilmember Barlow asked what the objection was by the Police Department, to which Chief Dan Doyle stated that the Police Department objected because the applicant is pending taking a plea agreement on four felony charges. He said per the Arizona Department of Liquor Licenses and Control (ADLLC) Board, Mr. Lopez is ineligible to hold a liquor license. Councilmember Brister asked if Mr. Lopez would be able to come back and apply if the Council were to deny the application, to which Chief Doyle stated it would be possible if it were brought back by another owner of the business. Mayor Nexsen opened the public hearing. Mr. Benny Lopez, owner of Pimpin Shrimp, addressed the Council and said what is pending can change. He said he does have a back-up plan but said pending does not mean it is going to stick. Mr. Lopez said it will be fully addressed and will hopefully turn out for the better. Councilmember Lin stated that the Council really does not have a choice on how they vote because when it goes to the State, they will deny the application. Mayor Nexsen asked if the plea deal was done, to which Chief Doyle replied that it was his understanding that the plea deal was supposed to take affect sometime this month. He said according to the County Attorney’s office, they would be classified as Class 6 felonies. Chief Doyle stated that staff did contact ADLLC and they said under those circumstances they would not grant the liquor license. Mayor Nexsen stated if it would turn out for whatever reason that the County Attorney does not pursue this, Mr. Lopez could always bring this back before the Council. Chief Doyle added if the applicant decided to fight the charges and they would not result in felonies that would be an automatic disqualifier. Lake Havasu City Page 4 Printed on 3/2/2015 City Council Regular Meeting Minutes - February 10, 2015 Final There being no further comments, Mayor Nexsen closed the public hearing. Councilmember Callahan moved to recommend that the Arizona Department of Liquor Licenses & Control disapprove a Series #07 liquor license for Pimpin Shrimp, 2139 McCulloch Boulevard North, Suite A, 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 8.3 ID 15-0020 Adopt Resolution No. 15-2901 Declaring the “2015 Amendments to the Lake Havasu City Code Chapter 3.10, Procurement” a Public Record City Attorney Kelly Garry said this item is a companion item to the next item on the agenda regarding changes to the procurement code. She noted that this item is necessary to facilitate adoption of the ordinance at the next meeting by reference. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow stated that on Page 27 there is a clause regarding transfer of surplus property, and added that when he spoke with Fire Chief Dennis Mueller the value of one of the surplus fire trucks going to auction was approximately $30,000. He said the Town of Bouse only had $8,000 available to purchase the surplus vehicle and he would not be interested in financing their fire department for $20,000. Mayor Nexsen said while that may be an item for a future agenda, the item for the Council’s consideration is to declare the amendments to the procurement code a public record. Councilmember Sheehy moved to adopt Resolution No. 15-2901 declaring the “2015 Amendments to the Lake Havasu City Code Chapter 3.10, Procurement” a public record, 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 8.4 ID 15-0021 Introduce Ordinance No. 15-1126 Amending Lake Havasu City Code Chapter 3.10 Procurement Ms. Garry stated that, fundamentally, the procurement code is the same as staff did not make any significant changes to the processes and procedures. She said most of the changes are reformatting and reorganizing the information to make it easier to use. Ms. Garry said the current code has an elaborate numbering system that grouped the information by number and at times used the same language. She said the proposed changes to the sections have been re-numbered, are shorter, and Lake Havasu City Page 5 Printed on 3/2/2015 City Council Regular Meeting Minutes - February 10, 2015 Final are easier to cite. She added that the proposed changes are also clearly outlined and grouped with headings to clarify the Administrative Provisions, General Procurement Requirements, Procurement, ARS Title 34 Procurement, and the Sale and Disposition of Property. Ms. Garry reviewed the proposed changes to thresholds for purchases as follows: Current Threshold Proposed Threshold • Small Purchases – Direct Purchase $101 to $2,500 $101 to $5,000 • Small Purchases – Verbal Quotes $2,501 to $5,000 $5,001 to $10,000 • Intermediate Purchases $5,001 to $40,000 $10,001 to $50,000 • Formal Purchases $40,000 Greater than $50,000 Ms. Garry noted that when looking at other cities in Arizona, a median range for a formal purchase is between $20,000 and $50,000, with the majority of the cities being around $50,000. She said the caveat to that is that all the codes are written differently, they distribute the authority in different ways, and have different triggers to what is formal. Ms. Garry stated that the proposed code also clearly identifies in groups all exceptions to one section, and although they are exceptions to the procurement code, there is still the caveat that any award over $50,000 has to be approved by the Council. She said these changes to the code would create efficiencies for staff; therefore, staff is bringing this before the Council to get a clear intent of what purchases they would like to see and what purchases they would allow staff to do. Ms. Garry explained that one of the new provisions is adding an online bidding option that is a procurement process where the City receives bids for goods, services, constructions, or information services electronically in a real time bidding event. She noted that some staff members believe that the online bidding option would be beneficial for the City; therefore, staff took the State’s process for online bidding and incorporated that into the proposed procurement code. Ms. Garry further explained that staff simplified the Title 34 provisions which relates to public buildings and improvements and technical registrants such as engineers, architects, surveyors, geologist, etc. She said since staff is required to comply with Title 34 when procuring those types of services, staff eliminated trying to condense Title 34 into the procurement code. She added that anything additional or anything not contained in Title 34 is outlined and clearly identifies what other parts of the procurement code apply to those Title 34 procurements. Ms. Garry said what staff is trying to do is get a clear intent of what the Council would like to be brought before them and what Council is going to allow staff to do. Ms. Garry explained that staff brought the sale and disposition of property in line with State law. She noted that there were some things in the current law that are not allowed by State law so staff removed those. Ms. Garry added that one concern the City’s consultant had was the transfer Lake Havasu City Page 6 Printed on 3/2/2015 City Council Regular Meeting Minutes - February 10, 2015 Final provision that Councilmember Barlow brought up during the previous item. She said the State Procurement Code has a material management program, and as part of that program, they allow the transfer of property. Ms. Garry said staff has incorporated that into the proposed procurement code, and added that there is also a statement in the State Procurement Code that says cities can adopt all or portions of the procurement code but it does not clearly identify that the City can adopt the provisions of the material management program. Ms. Garry explained that the argument is that the material management program is part of the State’s Procurement Code that the City can adopt and use part of, but said there is lingering concern of whether the transfer provision is something that the City has specific authority to do. She said that is important to staff because the City does make transfers of surplus property, especially to the school district, and staff would like to continue to have the ability to do that. She noted that while it is a small concern, she wanted to disclose it to the Council. Ms. Garry explained that there is a section in the current code and in the proposed code that talks about the value of the contract and how that is applied or interpreted. She said the purpose of that is to avoid circumventing of the code by purposely breaking up or segregating a larger purchase into smaller purchases to avoid certain regulations and going through a small procurement instead of a formal procurement. She noted that for purposes of determining whether the purchase is made through an informal procedure the value of the contract is based on the fiscal year. Ms. Garry explained that the current practice is once the threshold is exceeded with any one vendor, staff has to go before the Council for approval of expenditures over the $40,000 threshold even though the procurements were done in accordance with whatever is required based on the procurement amount. She said to compound that or make it more difficult, is the procurement based by department or division, and is it based by type of service or product. She asked, for example, if there is a formal award that was already brought before the Council for $75,000 and now there is an informal process and it is awarded to the same company for $20,000, does staff have to come back for approval because the $40,000 threshold has been exceeded. Ms. Garry said what staff is proposing is for each procurement to be considered individually so there is not a cumulative effect of bringing the same thing back to the Council over and over again. Ms. Garry said staff needs to know the Council’s expectations of what their intent is and what they want staff to bring forward for approval. Councilmember Callahan said, using the scenarios Ms. Garry explained, he assumed the bidding process would be followed with each occurrence, to which Ms. Garry replied yes, and explained that the procurement official, city manager, and city attorney oversees the process, and it also goes through different approvals, as well as final sign off by the administrative services director. Ms. Garry noted that there is no circumvention of the procurement code. She said the question is how many times the Council wants these items to be brought before them for approval. Councilmember Barlow said the proposed changes were satisfactory to him. He added that as far as Lake Havasu City Page 7 Printed on 3/2/2015 City Council Regular Meeting Minutes - February 10, 2015 Final he was concerned he thought it best to keep the process as simple as possible. Councilmember Callahan agreed and thought there were enough procedures in place to make certain things are being done properly. He agreed to keep it simple but still abide by the State statues. Councilmember Brister agreed and said people always question why items keep coming back to the Council for approval when they were already approved. Councilmember Brister favored increasing the threshold to $50,000. Councilmember Coke agreed with Councilmember Brister and said the City has very competent staff. She said the Council oversees everything that they need to and sometimes they tend to overthink or overanalyze things that common sense. Councilmember Coke favored increasing the threshold to $50,000 as well. Councilmember Sheehy asked if the proposed change would still allow staff to continue transfers of property, to which Ms. Garry explained that it would limit what staff is currently doing as far as disposal of goods. She added that the City does transfers to other political subdivisions such as the school district and the way the proposed code is written would allow those transfers to occur but not as broad as what is in the current code. Councilmember Sheehy asked if the proposed code would allow transfers of property of $3,000, to which Ms. Garry said that is how it is written in the current code, so as soon as the value reaches a threshold it then requires Council approval before the item is disposed. Councilmember Sheehy asked if staff was comfortable leaving transfers in the proposed code as it is instead of allowing the code to be what is actually done in practice, to which Ms. Garry stated that staff has ceased doing those types of transfers until the new procurement code is in place. Councilmember Callahan stated that he was comfortable with the proposed changes to the code and was supportive of any opportunity to create efficiencies. He was also in favor of increasing the threshold to $50,000. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Mayor Nexsen said there looked like there was no additional approval needed other than department approval for intermediate purchases, to which Ms. Garry replied that intermediate purchases also go through Administrative Services. Mayor Nexsen asked the City Manager how comfortable he was with not seeing items that might be $48,000 or $49,000, to which Mr. Cassens stated that he was not concerned, and added that the previous code was so complex and confusing that staff tended to lean on the side of being conservative and brought more things forward and Lake Havasu City Page 8 Printed on 3/2/2015 City Council Regular Meeting Minutes - February 10, 2015 Final processed more purchases than really necessary. He added that the proposed changes not only keeps the checks and balances in place but it relieves some of the pressure on management and also on the Council for having to approve what could be deemed an inordinate number of routine purchases. Mayor Nexsen said Item #7 under intermediate purchases states “A price agreement solicited pursuant to this Section may be used for contracts with a term up to 5 years and for a maximum total dollar amount less than or equal to $50,000 within each fiscal year.” He asked if this section would allow him to enter into a lease for personal property for $248,000 but only pay less than $50,000 a year on that lease. Ms. Garry stated if you are entering into a contract and the aggregate is $250,000 it would have to be approved by Council even though it is not in that fiscal year. Mayor Nexsen said he wanted to make sure staff would not be able to skirt around the code by using a lease to buy a big piece of equipment that is not approved by that Council. Purchasing/Grants Supervisor Kim Fiumara explained that a price agreement would be an agreement based on a unit cost, such as tons of aggregate or tires, and could not exceed $50,000 per year; therefore, if staff came before the Council with a piece of equipment it would be for a total cost. Ms. Fiumara said a price goes by unit costs and not exceeding a certain amount, whereas a lease would be cumulative of what the total lease cost would be. Mayor Nexsen said he understood that but wanted to make sure it was not interpreted to be a way to get around going through a formal purchase process. Mr. Cassens stated the overall contract for the equipment itself would be one contract that the Council would be asked to approve and would not be a separate contract at the end of each fiscal year for $50,000. Mayor Nexsen said, with regard to preference in purchasing, the City cannot do local preference except for the 2 percent sales tax portion, but the proposed changes suggests that as long as it is a 5 percent differential the City can give a local preference. Ms. Garry explained that the consultant reviewed this section and gave staff a recommendation according to current practices and law and how things are trending in Arizona as far as preferences. She said based on what other cities are doing and where that comfort level is, this is the recommended preference section that staff received from the consultant. Mayor Nexsen stated that he wanted to make sure the City is on solid ground before awarding those contracts. Ms. Garry said there are current ongoing litigations and appeals regarding preferences for other cities, and added that this is an area that staff will continue to watch and if the litigation starts coming down saying you cannot do that, staff would be sure to amend the code and amend the City’s practices. Councilmember Sheehy asked if the State Procurement Law allows the 5 percent preferential, to which Ms. Garry stated she believed there were some preference provisions within the State statues. Ms. Garry noted that she would provide that additional information prior to final reading of the ordinance. Lake Havasu City Page 9 Printed on 3/2/2015 City Council Regular Meeting Minutes - February 10, 2015 Final Councilmember Barlow moved to introduce Ordinance No. 15-1126 amending Lake Havasu City Chapter 3.10, Procurement, 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 15-0037 Adopt Ordinance No. 15-1125 Rezoning and Approving a Major Amendment to Planned Development APN 120-03-060; 6590 Chenoweth Drive, from M-1P/PD (Industrial Park Planned Development) to M-1P/PD Amending the General Development Plan from Eight Industrial Lots to a 222 Unit RV Resort Senior Planner Stuart Schmeling advised that the City received a request from the property owner at 6590 Chenoweth Drive, located just east of Highway 95 at the corner of Chenoweth Drive and Victoria Farms Road. Mr. Schmeling said the Eagle Storage development on the north end has been fully developed since about 2005, and added that the southern portion was originally proposed for 8 industrially zoned lots. He advised that the proposed amendment includes 19.23 acres and will include up to 222 RV sites, a club house, a pool, outdoor amenities, and some additional ancillary commercial uses that support the product within the park. Mr. Schmeling further advised that the Planning Commission voted 7-0 to approve this amendment. Councilmember Callahan asked if any permits would need to be acquired from the Army Corps of Engineers, to which Mr. Schmeling stated he believed there would be but would let the applicant answer that question. Mayor Nexsen opened the public hearing. Mr. Anthony Caputo addressed the Council and stated that he was a former resident of Lake Havasu City and has owned this property since approximately 2005. He said he gave a piece of the property, at a reasonable price, to the City to put in a lift station and in trade the City would provide sewer to the Havasu RV Resort. Mr. Caputo said the 19.23 acres is owned by himself and Mr. Bill Shufflel and is being purchased by Mr. Bill Kaufman, a resident of Oregon. He said Mr. Kaufman intends to build Horizon RV Development and will be the project manager for the construction phase and manage the property after it opens in 2015. He said it will be a top-rated, state of the art RV resort with condos for sale, timeshares, and some rentals. Mr. Caputo said the ancillary buildings will be for hobbies such as woodworking and pottery. Mayor Nexsen stated his concern is that it is being placed in an industrial zone and said when industry does go in people will complain. He asked Mr. Caputo how they intend to advise people that at some time in the future the residents will be putting up with industrial noises, to which Mr. Lake Havasu City Page 10 Printed on 3/2/2015 City Council Regular Meeting Minutes - February 10, 2015 Final Caputo explained that real estate law requires them to disclose everything about the area including the dump and the airport. Mayor Nexsen noted that has not stopped people in other facilities who complain about the potential of a motor sports facility and industry that could go in there, as many of those people have told him that they had no idea that they were in an industrial zone. Mr. Caputo said most people do not always read the paperwork but they are required to disclose everything. Councilmember Sheehy asked if there would be transient lodging or full time residents, to which Mr. Caputo stated there would be both. Councilmember Brister said she too has the same concerns as Mayor Nexsen with regard to the industrial noise. She said people complain about the potential noise, dust, and pollution because there might be a sports park in that area. She said even though the verbiage about industrial is in the contract, it could save the Council a lot of trouble if the potential buyers understood that it is in an industrial area. There being no comments, he closed the public hearing. Councilmember Callahan moved to adopt Ordinance No. 15-1125 rezoning and approving a major amendment to planned development APN 120-03-060 from M-1P/PD amending the general development plan from eight industrial lots to a 222 unit RV Resort, 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 9. CURRENT EVENTS There were no council committee reports. 10. CALL TO THE PUBLIC Mr. Lonnie Taylor addressed the Council and expressed his concern about the safety on the London Bridge. He asked the Council to give consideration to lower the speed limit from 25 mph to no more than 15 mph and make sure that the speed limit is properly enforced. 11. FUTURE MEETINGS Tuesday, February 24, 2015 @ 6:00 p.m. – Regular Meeting Tuesday, March 10, 2015 @ 6:00 p.m. – Regular Meeting 12. FUTURE AGENDA ITEMS Councilmember Barlow requested a future agenda item regarding RV parking in the downtown area. Lake Havasu City Page 11 Printed on 3/2/2015 City Council Regular Meeting Minutes - February 10, 2015 Final 13. ADJOURN Upon motion by Councilmember Barlow and seconded, the meeting adjourned at 7:28 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 10th day of February, 2015. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk/CMC Lake Havasu City Page 12 Printed on 3/2/2015

Agenda

Mayor Mark S. Nexsen Lake Havasu City Vice Mayor Donna Brister Police Facility Councilmember Dean Barlow 2360 McCulloch Blvd North Councilmember Don Callahan Lake Havasu City, Arizona 86403 Councilmember Jeni Coke www.lhcaz.gov Councilmember Michele Lin Councilmember Cal Sheehy Tuesday, February 10, 2015 6:00 PM City Council Regular Meeting One or more councilmembers may be participating and voting via telephone remote. Lake Havasu City endeavors to ensure the accessibility of all of its programs, facilities, and services to all persons with disabilities in accordance with the Americans with Disabilities Act. If you need an accommodation for a meeting, please contact the City Clerk at 453-4142 at least 24 hours prior to the meeting so that an accommodation can be arranged. Anyone wishing to address the council on an item not shown on the agenda should fill out a “Call to the Public” form, which will be found on the desk located at the entrance to the meeting room, and hand it to the City Clerk. Action as a result of public comment on an item not on the agenda will be limited to directing staff to study the matter or rescheduling the matter to a later date. 1. CALL TO ORDER 2. INVOCATION: Pastor David Bybee, Community Presbyterian Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. CALL TO THE PUBLIC We will now have an open call to the public for citizens wishing to address the council on issues within the jurisdiction of the city. Your comments must be limited to five (5) minutes or less. If you wish to address an item already on tonight’s agenda, you should wait until that item is announced for a public hearing. At the conclusion of the open call to the public, individual members of the council may respond to criticism made by those who have addressed the council, may ask staff to review a matter or may ask that a matter be put on a future agenda. However, members of the council cannot discuss or take legal action on matters not already on the agenda. 6. CONSENT AGENDA The following items will be considered as one item by the City Council and will be enacted with one motion with no separate discussion unless a councilmember so requests, in which event the item will be removed. 6.1 ID 15-0045 Approval of the January 27, 2015, City Council Regular Meeting Minutes 6.2 ID 15-0035 Adopt Resolution No. 15-2900 Abandoning the Northerly 5-foot by 125-foot Lake Havasu City Page 1 Printed on 2/9/2015 City Council Regular Meeting Agenda February 10, 2015 Portion of a 10-foot by 125-foot Public Utility and Drainage Easement Along the Southerly Property Line of Tract 2220, Block 12, Lot 2/Richard Genovese. 6.3 ID 15-0041 Adopt Resolution No. 15-2902 Ratifying City Manager’s Execution of a Temporary Right of Entry onto State Trust Lands with the Arizona State Land Department 6.4 ID 15-0028 Adopt Resolution 15-2899 Approving Mohave County Sheriff’s Office Users Agreement - NCIC / ACJIS / NLETS Data 6.5 ID 15-0038 Recommend Approval of a Special Event Liquor License Application for the Rio Colorado Chapter 99s Fundraiser on March 7, 2015, at 5600 N. Highway 95 / Irwin 6.6 ID 15-0039 Recommend Approval of a Special Event Liquor License Application for the Havasu Realtors Charitable Assistance Realtor Olympics on March 7, 2015, at 2119 McCulloch Boulevard / Annett 6.7 ID 15-0046 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 5:00 p.m. Tuesday, February 24, 2015 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 15-0030 Lake Havasu City Convention & Visitors Bureau Quarterly Update 7.2 ID 15-0032 Quarterly Investment Report at December 31, 2014 7.3 ID 15-0044 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions 7.4 ID 15-0043 City Manager’s Report 8. PUBLIC HEARINGS 8.1 ID 15-0031 Recommend Approval of a Special Event Liquor License Application for the Lake Havasu Area Chamber of Commerce Fundraiser on February 19, 2015, at 52 S. Lake Havasu Avenue / Krueger 8.2 ID 15-0029 Series #07 Liquor License, Pimpin Shrimp, 2139 McCulloch Boulevard North, Suite A/Lopez 8.3 ID 15-0020 Adopt Resolution No. 15-2901 Declaring the “2015 Amendments to the Lake Havasu City Code Chapter 3.10, Procurement” a Public Record 8.4 ID 15-0021 Introduce Ordinance No. 15-1126 Amending Lake Havasu City Code Chapter 3.10 Procurement 8.5 ID 15-0037 Adopt Ordinance No. 15-1125 Rezoning and Approving a Major Amendment to Planned Development APN 120-03-060; 6590 Chenoweth Drive, from M-1P/PD (Industrial Park Planned Development) to M-1P/PD Amending the Lake Havasu City Page 2 Printed on 2/9/2015 City Council Regular Meeting Agenda February 10, 2015 General Development Plan from Eight Industrial Lots to a 222 Unit RV Resort 9. CURRENT EVENTS Pursuant to A.R.S. § 38-431.02(K), a public body shall not propose, discuss, deliberate, or take legal action on any Current Event item Council Committee Reports: Airport Advisory Board - Councilmember Sheehy League of AZ Cities and Towns Executive Committee - Mayor Nexsen Clean Colorado River Sustainability Coalition (CCRSCo) - Mayor Nexsen Havasu Youth Advisory Council - Councilmember Coke Lake Havasu Area Chamber of Commerce - Councilmember Brister Lake Havasu Convention and Visitors Bureau (CVB) - Councilmember Callahan Lake Havasu Metropolitan Planning Organization (MPO) - Councilmember Nexsen/Brister/Callahan Mohave County Water Authority - Councilmember Callahan Parks & Recreation Advisory Board - Councilmember Lin Partnership for Economic Development (PED) - Councilmember Barlow Public Safety Personnel Retirement System – Local Fire Board - Mayor Nexsen Public Safety Personnel Retirement System – Local Police Board - Mayor Nexsen Uptown/Main Street Association - Councilmember Coke Western Arizona Council of Governments (WACOG) - Councilmember Lin 10. CALL TO THE PUBLIC 11. FUTURE MEETINGS Tuesday, February 24, 2015 @ 6:00 p.m. - Regular Meeting Tuesday, March 10, 2015 @ 6:00 p.m. - Regular Meeting 12. FUTURE AGENDA ITEMS 13. ADJOURN Lake Havasu City Page 3 Printed on 2/9/2015

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