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, March 24, 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 Ray Carter, Redemption Hill Calvary Chapel An innovation was given by Pastor Ray Carter of Redemption Hill Calvary Chapel. 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. Mary Ann Curry addressed the Council regarding the large amount of unsightly properties around Lake Havasu City. Ms. Lorraine Mix addressed the Council regarding the safety of cyclists on the Island and around Lake Havasu City. She said there has been an increase of hostility from the motorists when cyclists use the roadways. Ms. Mix said there is a path around the Island but there are a number of people who walk their dogs on that path on long leashes which can be quite dangerous for cyclists. She asked the Council to consider creating an awareness campaign to educate the general public on cyclist safety and sharing the roadways. She also asked the Council to consider placing signs on the Island and also on the roadways around the city that say “Share the Road” with the bicycle icon. Lake Havasu City Page 1 Printed on 4/16/2015 City Council Regular Meeting Minutes - March 24, 2015 Final Mr. Ken Mix addressed the Council and said they just want to enjoy the city and be as fit as they can. He added that cyclist safety has been a huge concern and he wants others to be aware that cyclists have rights too. Mayor Nexsen noted that the Metropolitan Planning Organization (MPO) is doing a Long Range Transportation Plan which includes a variety of transportation issues including cycling. 6. CONSENT AGENDA 6.1 ID 15-0101 Approval of the March 10, 2015, City Council Regular Meeting Minutes 6.2 ID 15-0080 Adopt Resolution No. 15-2906 Abandoning the Southern 10-foot by 80-foot Portion of a 20-foot by 80-foot Public Utility and Drainage Easement Along the Northern Property Line of Tract 2276, Block 13, Lot 4/James Killingsworth 6.3 ID 15-0088 Adopt Resolution No. 15-2913 Abandoning the Existing Horizontal Regime Condominium Subdivision “Cimarron Condominiums” and Revert the Property to Acreage on Tract 2199, Block 1, Lot 6/Bill and Diana Newman 6.4 ID 15-0089 Adopt Resolution No. 15-2910 Dedicating a 20-foot by 26.24-foot Public Utility and Drainage Easement Over the City Owned Parcel A of Tract 2227, Block 10, Lake Havasu City, Owner/ Unisource Energy Services, Applicant 6.5 ID 15-0075 Adopt Resolution No. 15-2907 Affirmatively Furthering Fair Housing Lake Havasu City 6.6 ID 15-0076 Adopt Resolution No. 15-2908 Authorizing Submittal of a CDBG Grant Application and Implement a CDBG Project 6.7 ID 15-0077 Adopt Resolution No. 15-2909 Authorizing the Adoption of Owner Occupied Housing Rehabilitation Guidelines dated October 8, 2014 in relation to an application for FY 2015 Community Development Block Grant (CDBG) Funds 6.8 ID 15-0096 Recommend Approval of a Special Event Liquor License Application for the Red Iron M/C, Inc., Fundraiser on April 18, 2015, at 1340 McCulloch Boulevard / Page 6.9 ID 15-0102 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 5:00 p.m. Tuesday, April 14, 2015 Lake Havasu City Page 2 Printed on 4/16/2015 City Council Regular Meeting Minutes - March 24, 2015 Final 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 15-0100 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. 7.2 ID 15-0092 FY 2015-2016 2nd Quarter Reports of Grant Agencies Mayor Nexsen noted that this item was for informational purposes only. There were no comments or questions from the Council. 7.3 ID 15-0093 FY 2014-2015 2nd Quarter Reports of Contracted Service Agencies Mayor Nexsen noted that this item was for informational purposes only. There were no comments or questions from the Council. 7.4 ID 15-0099 City Manager’s Report City Manager Charlie Cassens reported on the following: o On March 17th the Police Department launched a new software program called OneSolution, a one system module that streamlines communications between multiple responding agencies and reduces operational costs. o City staff manned a Water Conservation Booth at the 2015 Home Show held this past weekend at the Shops at Lake Havasu. Special thanks to Water Conservation Staff Mary Eidmann, and volunteers Rob Lynch, Lori Spradlin, Doug Dill, and Larry Janasik. o On Monday, March 30th the Shuttle Voucher Program will kick-off. The program is designed to provide low income residents with transportation assistance using a contracted local service provider. To qualify for the program, low income city residents must register with the Lake Havasu City Interagency Council for income verification. Shuttle vouchers will be valued at $5 per ride. Vouchers may be used for shuttle service within the Lake Havasu City limits only, Monday through Friday from 6 a.m. to 7 p.m. Only the pre-qualified contract shuttle company listed on the voucher card can be used for this service. o Code Enforcement Updates – there are currently 66 active and open cases. o 2015 Teen Break and High School Only (HSO) Update – there were 249 students registered for HSO, 988 students registered for Teen Break, and over 60 volunteers giving a total of 774 Lake Havasu City Page 3 Printed on 4/16/2015 City Council Regular Meeting Minutes - March 24, 2015 Final hours of their time. o City Offices will be closed on Good Friday, April 3rd. o Next Coffee with the Mayor will be held on Friday, April 10th at 7:30 a.m. at Makai Café. o Special Events:  World Off-Road Championship Series (WORCS) on March 27th – 29th  Bass Pro Shops Outdoor Festival & Lake Havasu Open on March 28th – 29th  Veterans BBQ on March 29th  6th Annual Denise’s Day Fight Against Breast Cancer Walk on March 28th  Lake Havasu Yacht Club Opening Day Boat Parade on March 28th  Havasu Classics 19th Annual Show and Shine on March 28th  Lake Havasu Sunrise Rotary Community Easter Egg Hunt on March 29th  44th Annual Community Sunrise Service on April 5th  Lake Havasu Marine Association 24th Annual Boat Show on April 10th - 12th 8. PUBLIC HEARINGS 8.1 ID 15-0095 Introduce Ordinance No. 15-1128 Amending City Code Chapter 11.06, Article I, Parks and Recreation, Adding Section 11.06.080, Trails Advisory Committee Aquatic/Recreation Division Manager Dan Keyes addressed the Council and said this item is an amendment to the City Code to create a section that creates a Trails Advisory Committee, a subcommittee to the Parks and Recreation Advisory Board (Board). Mr. Keyes explained that there is a strong interest in the community to develop more trails in the system. He added that the Board supports both the desire to expand the trails and create a new subcommittee. He said the ordinance was developed by the Board and legal, and the only change the Board suggested was to increase the amount of members from seven to nine. Mr. Keyes said the role of the Trails Advisory Committee would be on matters of pertinence and interest related to the development of trails in Lake Havasu City. He added that the Board would oversee the Trails Advisory Committee, which would report directly to the Board, unless directed otherwise by the Council. Mr. Keyes added that the development of a Trails Advisory Committee would promote transparency and legitimize the effort, thereby enhancing the community’s ability to obtain grants related to trail development. Mr. Keyes further added that there are many positive impacts of having an expanding trails system in the community. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Mayor Nexsen said this item basically creates a new ordinance to create a Trails Advisory Committee, to which City Attorney Kelly Garry stated that was correct. He then asked if the Board was able to create a subcommittee without creating a new ordinance, to which Ms. Garry replied yes. Ms. Garry explained that all boards have the ability to create subcommittees within their own make-up of the board, with less than a quorum or a quorum if they want it to be a public meeting, Lake Havasu City Page 4 Printed on 4/16/2015 City Council Regular Meeting Minutes - March 24, 2015 Final to accomplish side tasks that they do not wish the entire board to be a part of. Mayor Nexsen said he did not disagree with looking into additional future trails and gathering support for grants, but thought that creating a new ordinance was a bit overkill and would require staff oversight. He wondered why the Board did not consider creating a subcommittee if they are able to do so, to which Ms. Garry replied that it was her understanding that the option to create a subcommittee was presented and was not acceptable to the Board. Ms. Garry said their desire is to have additional members besides those on the Board and to be able to do that, the members would have to be appointed through the Council. Mayor Nexsen asked if they would all have to be appointed by the Council, to which Ms. Garry replied yes, if staff is wanting outside citizens to be appointed it would be more of a formal committee. She said if they were interested in forming a subcommittee and have public participation at their meetings then it would not be a problem, but from her understanding the Board wanted something more formalized. Ms. Garry noted that they could certainly accomplish their goals in a lesser manner. Mayor Nexsen said he did not think it would make a difference whether the grants were coming from the Board or subcommittee, and added that, in his opinion, it would be better if the grants were coming from the Board rather than the subcommittee. Mayor Nexsen asked if a subcommittee could be formed through the Board where they could appoint citizen members. Ms. Garry said that has not been the City’s practice; however, there is nothing that would prohibit that; however, the City would just need to explore that option further. Ms. Garry added that there is nothing that currently stops the Board from actually tackling this task now. Ms. Garry stated that there are options that can be explored if the Council is not comfortable with creating a new ordinance with a subcommittee. Councilmember Brister said there is a strong desire to expand the trails system in Lake Havasu City; however, she did not understand why there needed to be a new ordinance to create a committee when the Board could create a subcommittee. She asked if there was a benefit to forming a new committee, to which Mr. Keyes said that same question came up at their meeting and the Board saw it as an advantage to include a formalized basis of nine parties, with members of the community with various skillsets to develop the mission of creating and developing new trail systems. He said if they were able to form a new committee then the idea was that their ideas, plans, and suggestions could hold more merit as opposed to how it had been done in the past where groups were meeting in a less formalized manner and were not as successful as they could have been. He said this group wants to be successful and thought this approach would provide the best value. Mr. Keyes said he has worked in many communities and has built miles of trails, both wild-land and paved pedestrian trails, and knows how to work with the boards, committees, and Lake Havasu City Page 5 Printed on 4/16/2015 City Council Regular Meeting Minutes - March 24, 2015 Final councils to get the ideas across and the grant funding. Councilmember Barlow said there are a lot of people in the city who would like to serve on a subcommittee developed specifically for trails because it is very focused, whereas there are many items and issues that are brought before the Parks and Recreation Advisory Board that many people do not wish to be involved with. Councilmember Barlow said he saw an advantage to forming a separate subcommittee for trails. Mayor Nexsen said he agreed with that but did not feel it needed to be done by ordinance because the Board could right now, with the Council’s authorization, create a subcommittee with members from the community. Councilmember Callahan said he did not see the need to create a new ordinance to accomplish this task. He said the City has used subcommittees to accomplish many other tasks and they have proven to be very effective. Councilmember Coke asked if there was anything standing in the way of the Board forming a subcommittee should the Council not adopt an ordinance to create a new committee, to which Ms. Garry said no. She explained that there is a desire to create a new formalized committee therefore that element would be missing; however, the Board can create a subcommittee with members from their Board and also invite certain people to be a part of the subcommittee without formally appointing them to the subcommittee. Ms. Garry said there have been other subcommittees formed in the past that have worked with outside members of the community to put together presentations and ideas so it is not unheard of; however, in this case it is the Board’s desire to have something more formalized. Mayor Nexsen noted that by creating a more formalized process the Council would have to appoint the members; whereas, if the Board were to create a subcommittee then they would have the authority to pick their members and added that if the committee is going to report to the Board, then he would like to see the Board responsible for choosing the members. Mr. Cassens added that a few years ago when the City was going through the Parks Master Plan process a subcommittee was formed under the Parks and Recreation Advisory Board and was very successful. Mayor Nexsen asked if the Council was in violation if they were giving the authority to the Board to create a subcommittee and select their own members, to which Ms. Garry explained that boards already have the authority to create subcommittees of their own members; however, where the City is really venturing out is how formal they can be with inviting or creating other outside members to be members of this committee. Lake Havasu City Page 6 Printed on 4/16/2015 City Council Regular Meeting Minutes - March 24, 2015 Final Ms. Garry said it would be her recommendation to create a subcommittee of the Parks and Recreation Advisory Board, not to be a quorum of the Board, and have those members work with others in the community without going through any type of formal process, and then those members can report back to the Board. Ms. Garry said it does not have to be formal or complicated. Mayor Nexsen said he does not want to hinder what the Trails Advisory Committee wants to do but he would like to keep the process in its simplest form. Councilmember Sheehy said he disagreed and thought there was more merit in formalizing the process. He said people have been talking about the trail systems for years and he sees a benefit of having a more formalized system to how the members come on to the committee, and then they could create a subcommittee that is more specific about the trails and what recreational opportunities there are on the trails. Councilmember Sheehy said for there to be some action he thought the Council needed to be involved and thought the formalization was very minimal on behalf of the Council as they would only be appointing the members based on the applications from the City Clerk’s office. Councilmember Sheehy said he supported a more formalized process. Mr. Jim Rosensweet addressed the Council and said he is a member of the Parks and Recreation Advisory Board and is hoping to also be a member of the Trails Advisory Committee. He noted that the Board recommended nine members because it is easier to reach a quorum with more members and there are so many people interested that they would like to have as many members as possible. Mr. Rosensweet said the committee needs to be recognized by the Council because it is easier to get cooperation from City staff and with Council recognition the committee has more legitimacy. Mr. Rosensweet asked if a subcommittee was still subject to Open Meeting Laws, to which Ms. Garry replied that it would depend on whether there is a quorum of the Board members on the subcommittee. Mr. Rosensweet asked if they would be in violation if there were a quorum out hiking one of the trails, to which Ms. Garry said no, the City Clerk’s office would just need to post notice. Mr. Rosensweet added that the committee really needs to be recognized by the Council because they are going to be meeting with other agencies like the Arizona State Lands Department, Arizona State Parks, and Bureau of Land Management (BLM). Councilmember Sheehy moved to introduce Ordinance No. 15-1128 amending City Code Chapter 11.06 to add a new Section 11.06.080, Trails Advisory Committee, seconded by Councilmember Brister, and carried by the following vote: Aye: 5 - Councilmember Barlow, Vice Mayor Brister, Councilmember Coke, Councilmember Sheehy and Councilmember Lin Lake Havasu City Page 7 Printed on 4/16/2015 City Council Regular Meeting Minutes - March 24, 2015 Final Nay: 2 - Mayor Nexsen and Councilmember Callahan 8.2 ID 15-0079 Adopt Resolution No. 15-2905 Authorizing Application Submission for a WaterSMART Grant for a Water Reuse Feasibility Study and Execution of Documents for Receipt and Use of Funds Water Resources Coordinator Doyle Wilson advised that the City has submitted a grant for the possible construction of an effluent water line from Lake Havasu City’s North Regional Wastewater Treatment Plant through the city via the Western Area Power Administration (WAPA) easement. Mr. Wilson said the City has applied for this grant for a few years and actually held a debriefing after last year’s submission, which was just barely cut off from being accepted. He said they took the comments and suggestions into consideration when applying this year to help support it more and believes the City has a good chance of receiving the grant; however, it will depend on the competition and budget. Mr. Wilson said staff is recommending that the Council authorize the City Manager to sign the official resolution which will accompany the application. Mayor Nexsen opened the public hearing. There being no further comments, he closed the public hearing. Councilmember Callahan moved to adopt Resolution No. 15-2905 authorizing application submission for a WaterSMART Grant for a Water Reuse Feasibility Study and execution of documents for receipt and use of funds, 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 8.3 ID 15-0086 Adopt Resolution No. 15-2911 Approving Intergovernmental Agreement (IGA) with the Mohave County Flood Control District Operations Director Gary Parsons said each year the Mohave County Flood Control District, as part of the tax levy lease from Mohave County (County), distributes funds to cities and unincorporated areas to be used for flood control purposes. He explained that the funds can be used for some street widening, wash bank stabilization, and general flood control issues that some cities and unincorporated areas may incur. Mr. Parsons noted that an error was discovered in the amount listed in the fiscal impact. He said the fiscal impact indicates that the City will receive the same allocation as last year, FY 14/15 $2,139,251; however, “Exhibit C” shows the correct amount of $1,501,131. Mr. Parsons explained that the distribution of funds received this year are from taxes received in the previous year and the amount of tax received by the County is less this year because of lower property values and non-payment issues. Mr. Parsons added that the City receives 32 percent of the county-wide flood Lake Havasu City Page 8 Printed on 4/16/2015 City Council Regular Meeting Minutes - March 24, 2015 Final control funds. He provided a breakdown of the funding as follows: • Kingman $566,000 • Bullhead City $774,000 • Unincorporated Areas $2.3 million* *distributed to all unincorporated areas from Horizon Six to just outside Colorado City Mayor Nexsen asked if Lake Havasu City, when looking at the grand total of non-payment of property taxes, shares in the grand total or only within our district, to which Mr. Cassens said it is based off a percentage of the total collections. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to adopt Resolution No. 15-2911 approving and authorizing the Mayor to execute the Intergovernmental Agreement with the Mohave County Flood Control District for flood control funding purposes 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 15-0091 Adopt Resolution No. 15-2912 Approving IGA with Mohave County Regarding the "Mohave County Housing Authority" Purchasing and Grants Supervisor Kim Fiumara advised that this is an annual agreement between the City and Mohave County. She explained that the City provides a housing specialist to help implement the Section 8 Housing Program that provides vouchers for low-income residents to help pay utilities and rent, and added that the program also includes several special needs categories as well. Councilmember Sheehy asked if the amount listed was to cover one employee, to which Ms. Fiumara said yes it would pay for one City housing specialist position. Mayor Nexsen opened the public hearing. There being no further comments, he closed the public hearing. Councilmember Brister moved to approve Resolution No. 15-2912 approving and authorizing the City Manager to execute the FY 15-16 Intergovernmental Agreement with Mohave County Regarding the “Mohave County Housing Authority” in an amount not to exceed $39,222, seconded by Councilmember Callahan, and carried by the following vote: Lake Havasu City Page 9 Printed on 4/16/2015 City Council Regular Meeting Minutes - March 24, 2015 Final Aye: 7 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 8.5 ID 15-0085 Approve Sole Source Purchase for the PISTA Grit Removal System for the Mulberry Treatment Plant from Smith and Loveless, Inc. Wastewater Division Manager Doug Thomas advised that this item is for approval of a new grit removal system that will replace the original system installed back in the early 1990s. He said the current system is 25 years old, has served its purpose, and is an integral part of the process. He said staff is recommending approval of this sole source purchase. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to approve the Sole Source Purchase for the PISTA Grit Removal System for the Mulberry Treatment Plant from Smith and Loveless, Inc. for the amount not to exceed $127,000, 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 8.6 ID 15-0090 Approve Sole Source Purchases for the Trojan 3000PlusUV Disinfection Systems from DC Frost Associates, Inc., a wholly owned subsidiary of Coombs-Hopkins Mr. Thomas advised that this item is for sole source purchases from DC Frost Associates, Inc. for Trojan parts, pieces, and electronic pieces that must be purchased from the original buyer. Mayor Nexsen opened the public hearing. There being no further comments, he closed the public hearing. Councilmember Callahan moved to approve Sole Source Purchase for the Trojan 3000Plus UV Disinfection Systems to DC Frost Associates, Inc., a wholly owned subsidiary of Coombs-Hopkins, 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 15-0087 Award Bid for the Mulberry Treatment Plant Influent Screen Rake System to Huber Technology, Inc. [B15-WW02] Lake Havasu City Page 10 Printed on 4/16/2015 City Council Regular Meeting Minutes - March 24, 2015 Final Mr. Thomas said this item is for the screening system for raw sewage to the Mulberry Treatment Plant. He said this is replacing equipment that is also the same age as the grit removal system. Mr. Thomas noted that the original equipment was from Schreiber; however, the City received good competition and the equipment did not have to be a Schreiber installation because it could be retrofit to the system. He said staff is recommending approval of the equipment from Huber Technology, Inc. Mayor Nexsen opened the public hearing. There being no further comments, he closed the public hearing. Councilmember Brister moved to award the bid for the Mulberry Treatment Plant Influent Screen Rake System to Huber Technology, Inc. in an amount not to exceed $90,701, 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 9. CURRENT EVENTS Councilmember Sheehy reported that from March 27th through March 30th the Airport will be having their 5th annual visit from the Embry Riddle University Air Force Academy and other universities for regional collegiate flight completion. Councilmember Brister announced that the Commemorative Vietnam Appreciation Picnic will be held this Sunday, March 29th. 10. CALL TO THE PUBLIC There were no requests to address the Council. 11. FUTURE MEETINGS Tuesday, March 31, 2015 @ 6:00 p.m. – Special Meeting Tuesday, April 14, 2015 @ 6:00 p.m. – Regular Meeting Tuesday, April 21, 2015 @ 9:00 a.m. – CIP Work Session 12. FUTURE AGENDA ITEMS There were no requests for future agenda items. 13. ADJOURN Upon motion by Councilmember Barlow and seconded, the meeting adjourned at 7:03 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 24th day of March, 2015. I further certify that the meeting Lake Havasu City Page 11 Printed on 4/16/2015 City Council Regular Meeting Minutes - March 24, 2015 Final was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk/CMC Lake Havasu City Page 12 Printed on 4/16/2015