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, April 28, 2015 6:00 PM Regular Meeting 1. CALL TO ORDER Mayor Nexsen called the meeting to order at 6:04 p.m. 2. INVOCATION: Pastor Douglas Bock, Lamb of God Lutheran Church Pastor Douglas Bock with Lamb of God Lutheran Church gave the invocation. 3. PLEDGE OF ALLEGIANCE The mayor led in the Pledge of Allegiance. 4. ROLL CALL *Councilmember Brister was present telephonically. Present: 6- Mayor Mark S. Nexsen, Councilmember Dean Barlow, Vice Mayor Donna Brister, Councilmember Don Callahan, Councilmember Cal Sheehy and Councilmember Michele Lin Absent: 1- Councilmember Jeni Coke 5. CALL TO THE PUBLIC There were no requests to address the Council. 6. CONSENT AGENDA 6.1 ID 15-0141 Approval of the April 14, 2015, City Council Regular Meeting Minutes 6.2 ID 15-0137 Adopt Resolution No. 15-2919 Ratifying the Intergovernmental Agreement with Lake Havasu Unified School District No. 1 for the 2015 Day of Service Project 6.3 ID 15-0125 Approve Addendum No. 1 to Reclaimed Water User Agreement for the London Bridge Golf Course Consenting to Assignment from CNL Income Lake Havasu City Page 1 Printed on 5/15/2015 City Council Regular Meeting Minutes - April 28, 2015 Final EAGL Southwest Golf, LLC to CF London Bridge Arcis LLC 6.4 ID 15-0130 Recommend Approval of a Special Event Liquor License Application for the Friends of the Fair Fundraiser on October 3, 2015, at 7260 Dub Campbell Parkway / Campbell-Nagel 6.5 ID 15-0142 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 5:00 p.m. Tuesday, May 12, 2015 Councilmember Callahan moved to approve the Consent Agenda as presented, seconded by Councilmember Sheehy, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Sheehy and Councilmember Lin Absent: 1 - Councilmember Coke 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 15-0139 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 15-0140 City Manager’s Report City Manager Charlie Cassens reported on the following: • Lake Havasu City will be hosting the Arizona Airport Association’s 2015 Spring Conference at the Nautical Resort. • Code enforcement updates. There are currently 62 active and open cases. • Desert Storm letter from Jim Russell, DSM Events. • Special Events: o Friday, May 1st – Country Showdown on Main Street o Thursday, May 7th through 10th – Bassmaster Elite Series Fishing Tournament and Family Fun Fair at Lake Havasu State Park o Saturday, May 9th – Bucket List Triathlon at the London Bridge Beach, Bridgewater Channel and various city streets/sidewalks 8. PUBLIC HEARINGS 8.1 ID 15-0119 Introduce Ordinance No. 15-1130 Amending City Code Section 9.16.160, Aircraft and Parachute Landings and Takeoffs, to Remove the Word “Balloon” Lake Havasu City Page 2 Printed on 5/15/2015 City Council Regular Meeting Minutes - April 28, 2015 Final Mr. Cassens said the City received requests from several balloonists to remove the word “balloon” from the City Code, as it currently prohibits ballooning in the city. He added that after several meetings a special permit process was developed and permits were issued for ballooning in the city; however, that process became problematic. He said the City reviewed the code again and determined that it is more practical to remove the word “balloon” from the list of prohibited practices primarily because balloonists are licensed pilots and are obligated to fly aircraft under the requirements and restrictions of the Federal Aviation Administration (FAA). Mr. Cassens added that any commercial activity would still be prohibited without a special permit or authorization if they are selling balloon rides or conducting any other commercial activity in a public park. Mr. Cassens said staff is requesting that the Council allow removing the word “balloon” from the list of prohibited practices in Lake Havasu City. Mayor Nexsen opened the public hearing. Major John H. Henage addressed the Council and said he has an idea for their consideration. Mayor Nexsen asked Mr. Henage if his idea was regarding ballooning because in accordance with Arizona Open Meeting Laws the City Council has agendized items and is prohibited from discussing anything that is not on the agenda. Mayor Nexsen added that Mr. Henage could certainly talk with the City Manager after the meeting. There being no further comments, he closed the public hearing. Councilmember Callahan moved to introduce Ordinance No. 15-1130 amending Lake Havasu City Code section 9.16.160, Aircraft and Parachute Landings and Takeoffs, to remove “balloon,” seconded by Councilmember Barlow, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Sheehy and Councilmember Lin Absent: 1 - Councilmember Coke 8.2 ID 15-0134 Adopt Ordinance No. 15-1129 to Rezone APN 115-19-005A and 115-19-006 1775 Kimo Circle, from RA (Residential Agricultural) and C-2/PD (General Commercial Planned Development) to M-1P(Industrial Park District) Senior Planner Stuart Schmeling advised that the property is located on the west side of Highway 95 at the intersection of Kiowa Avenue and Kimo Circle and actually encompasses two properties; the larger parcel is 6.5 acres and zoned R-A, and the second parcel is 1.5 acres and has been used Lake Havasu City Page 3 Printed on 5/15/2015 City Council Regular Meeting Minutes - April 28, 2015 Final for storage as part of an old C-2/PD. Mr. Schmeling noted that a representative for the applicant was in the audience to help answer any questions from the Council. Mayor Nexsen opened the public hearing. There being no further comments, he closed the public hearing. Councilmember Barlow moved to adopt Ordinance No. 15-1129 rezoning APN 115-19-005A and 115-19-006 from C-2/PD and RA to M-1P, seconded by Councilmember Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Sheehy and Councilmember Lin Absent: 1 - Councilmember Coke 8.3 ID 15-0133 Ratify Agreement for Interim Director of Administrative Services with Interim Public Management, LLC Mr. Cassens said staff is requesting ratification of a contract executed with Interim Public Management, LLC, a company that provides interim professional management services. He said due to the unfortunate timing of departure of the finance director, the City is in the process of the budget preparation process and he thought it prudent to bring in professional oversight in that area. He said Interim Public Management, LLC, was able to find a very qualified person to help during the budget process and potentially help find a permanent replacement for that position. Mr. Cassens added that Mr. Greg Smothers is an expert in the finance field, a Certified Public Accountant (CPA), and also a Certified Forensic Examiner. Mr. Cassens said staff is recommending ratification of the agreement. Mayor Nexsen opened the public hearing. There being no further comments, he closed the public hearing. Councilmember Lin asked what the pay range is for this position, to which Mr. Cassens said there is not a pay range for this position as the City did not hire a permanent employee. He explained that it is a contract for professional services, and added that Mr. Smothers works for Interim Public Management, LLC, not the City. Councilmember Lin asked how long the contract would be in effect, to which Mr. Cassens replied that the contract would be for as long as the City needed him; however, the City expects it will be at least a few months. Councilmember Lin asked if the City had a pay range for hiring a Finance Director, to which Human Resources/Risk Manager Shirlee Palbicki answered that the pay range for Department Lake Havasu City Page 4 Printed on 5/15/2015 City Council Regular Meeting Minutes - April 28, 2015 Final Directors is $106,600 to $159,900. Councilmember Lin asked Mr. Cassens what the base rate is for the interim position, to which Mr. Cassens answered that the contracted amount is for $3,675 per week. Councilmember Callahan moved to ratify the Agreement for Interim Director of Administrative Services with Interim Public Management, LLC, until a permanent replacement is found, seconded by Councilmember Barlow, and carried by the following vote: Aye: 5 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan and Councilmember Sheehy Nay: 1 - Councilmember Lin Absent: 1 - Councilmember Coke 8.4 ID 15-0121 Approve Memorandum of Understanding with the Lake Havasu Police Officers Association Police Chief Dan Doyle said this item is to approve the Memorandum of Understanding (MOU) with the Lake Havasu Police Officers Association. Chief Doyle noted that the only changes to the MOU was the removal of Article 5 “City Training Committee” and Article 6 “Department Training Committee,” which the City does not have anymore and as a housekeeping measure those two references were removed. Mayor Nexsen opened the public hearing. There being no further comments, he closed the public hearing. Councilmember Barlow said Page 7, Article 2.2, references “Paid Time Off” and asked for clarification on what that meant, to which Chief Doyle explained that Paid Time Off, or PTO, is basically vacation time. Councilmember Callahan moved to approve the Memorandum of Understanding with the Lake Havasu Police Officers Association for a term of July 1, 2015 to June 20, 2016, seconded by Councilmember Sheehy, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Sheehy and Councilmember Lin Absent: 1 - Councilmember Coke 8.5 ID 15-0135 Approve Amendment No. 1 to Services Contract for Maintenance Street Sweeping to C&S Sweeping Services, Inc. (Project SM340C) Lake Havasu City Page 5 Printed on 5/15/2015 City Council Regular Meeting Minutes - April 28, 2015 Final Maintenance Services Division Manager Mark Clark advised that the item before the Council is a request to extend the contract for maintenance street sweeping services with C&S Sweeping Services, Inc. Mr. Clark said staff did not see any advantage to re-bidding as the contract is for a good price and they are comfortable that C&S Sweeping can repeat their performance for this service. He said if approved, sweeping would take place in May and October. Councilmember Callahan asked if the City does any emergency interim sweeping, to which Mr. Clark said yes. He explained that the City contracts out for sweeping of the entire city; however, the City will retain one pickup broom and two new brooms that were purchased last year to allow staff to perform emergency sweeping when needed. Mr. Clark said the prices of the contract cannot be beat and in the event of a storm, the City can also contact C&S Sweeping to perform storm cleanup of the entire City right away. Mayor Nexsen opened the public hearing. There being no further comments, he closed the public hearing. Councilmember Barlow moved to approve Amendment No. 1 to Services Contract for Maintenance Street Sweeping to C&S Sweeping Services, Inc., seconded by Councilmember Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Sheehy and Councilmember Lin Absent: 1 - Councilmember Coke 8.6 ID 15-0128 Award Bid for Vadose Zone Well #7 to Technology Construction, Inc. (Project No. SS2900) Project Manager Jeremy Abbott advised that this item is for a new vadose well to replace an existing vadose well which is nearing the end of its useful life. Mr. Abbott said the project would take approximately three months with a completion date in July of 2015. Councilmember Callahan asked if the vadose well was going bad, to which Mr. Abbott explained that currently Vadose Well #4 is reaching the end of its useful life as well, and there are also current restrictions that the City must follow. Mr. Abbott explained that when they inject, if the well is not able to dispose of the water at a specified rate and it starts surpassing the allowable 25-feet below ground surface level, staff is required to stop use of that well. He said that while Vadose Well #4 has not reached that level yet, it is nearing the end of its useful life and the City does not want to end up in an emergency situation like the replacement of Vadose Well #3. Councilmember Callahan asked if this is the only well that has failed, to which Mr. Abbott replied no, and said Vadose Well #5 was constructed to replace Vadose Well #3. Councilmember Callahan Lake Havasu City Page 6 Printed on 5/15/2015 City Council Regular Meeting Minutes - April 28, 2015 Final asked if there was something in the soil that creates issues for the wells, to which Mr. Abbott replied yes. He explained that Vadose Well #1, which sits farther away from the other wells, is the City’s oldest and one of the best operating wells; however, across the road is a cluster of wells, #2, #3, and #4, that the City feels were originally designed to be in too close proximity of one another, which may lead to some earlier failures than necessary. He said with the new wells, the City is looking at strategically placing them to avoid any caused influence on one another. Councilmember Callahan asked if the City is accomplishing the “mound effect” that was originally sought, to which Mr. Abbott said he has not received a definitive answer or report yet, but from what he is hearing the answer is yes. Mayor Nexsen opened the public hearing. There being no further comments, he closed the public hearing. Councilmember Callahan moved to award the Base Bid for the Vadose Zone Well #7 Project to Technology Construction, Inc., in the amount of $311,697, seconded by Councilmember Sheehy, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Sheehy and Councilmember Lin Absent: 1 - Councilmember Coke 9. CURRENT EVENTS There were no council committee reports. 10. FUTURE MEETINGS Tuesday, May 5, 2015 @ 1:30 p.m. – Budget Overview & Budget Work Session Tuesday, May 12, 2015 @ 6:00 p.m. – Regular Meeting Tuesday, May 19, 2015 @ 1:30 p.m. – Budget Work Session Tuesday, May 26, 2015 @ 6:00 p.m. – Regular Meeting 11. FUTURE AGENDA ITEMS There were no future agenda items. 12. ADJOURN Upon motion by Councilmember Barlow and seconded, the meeting adjourned at 6:34 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 28th day of April, 2015. I further certify that the meeting was duly called and posted, and that a quorum was present. Lake Havasu City Page 7 Printed on 5/15/2015 City Council Regular Meeting Minutes - April 28, 2015 Final ____________________________________ Kelly Williams, City Clerk/CMC Lake Havasu City Page 8 Printed on 5/15/2015