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City Council

Regular Meeting

Lake Havasu City, AZ · August 25, 2015

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Minutes

Mayor Mark S. Nexsen Lake Havasu City Lake Havasu City Police Facility Vice Mayor Donna Brister Councilmember Dean Barlow 2360 McCulloch Blvd North Councilmember Don Callahan Regular Meeting Minutes - Final Lake Havasu City, Arizona 86403 Councilmember Jeni Coke www.lhcaz.gov Councilmember Michele Lin Councilmember Cal Sheehy City Council Tuesday, August 25, 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 Lan Blair, Abundant Grace Church Pastor Lan Blair gave the invocation. 3. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. 4. ROLL CALL 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 Ms. Kelly Meister addressed the Council regarding single family homes in Lake Havasu City that are being used as motels, but being referred to as vacation rentals. She said these homes are in neighborhoods where Lake Havasu City tax payers live everyday raising their families and expect quiet enjoyment for their lives. Ms. Meister said she had five key points that she wanted to bring to the Council’s attention: 1) vacation home rentals should only be handled through local realtors and/or management companies, as this would ensure that the local bed tax is paid to our city, 2) the occupancy number for people per rental cannot be more than twice the number of bedrooms, as this would stop the 20 to 30 people piling into one house per night, 3) realtors are to monitor the rentals for noise especially at night after the city noise ordinance hours, as this would stop the waste of police hours and tax dollars, 4) vacation rentals must follow all applicable fire codes just as the motels/hotels in town, and 5) each homeowner must apply for a City permit to run their vacation home business in a residential zone. Lake Havasu City Page 1 Printed on 9/15/2015 City Council Regular Meeting Minutes - August 25, 2015 Final Ms. Meister said she would like the City to consider the following easy fixes using the information she provided in the red folder as reference: 1) only allow short-term rentals below Lake Havasu Avenue except for motels and hotels, as this would keep the short term rentals out of the residential neighborhoods, 2) create an ordinance to regulate short-term rentals by setting minimum amount of time homes can be rented, and 3) make homeowners accountable for their rude renters by setting city fines. Ms. Meister said all she is asking is for the city to maintain a residential area that is stable, safe, and garbage free for her family and neighbors. Mayor Nexsen requested that the City Attorney and City Manager take a look at some of the best practices around the country to find out what the City can do to regulate some of the vacation rentals without violating private property rights. Mayor Nexsen said there should be something that the City can do to make sure there is peace and quiet in these neighborhoods. Mayor Nexsen said the Council has directed staff to look into this issue and bring it back before the Council for discussion at a later date. He noted that there were a lot of people signed up to speak about vacation rentals, and while the Council has given direction to staff, anyone who still wished to address the Council regarding vacation rentals or any other issue could certainly do so. Mr. Jerry Ketchum addressed the Council and said he lives on Cup Drive and there is a vacation rental one street from him across the fairway and another rental just one house away from his. He said he sympathizes with the issues that Ms. Meister is facing when dealing with vacation rentals in residential neighborhoods. Mr. Ketchum said he lives in an area that is zoned R-E (Estate Residential) and there are houses and rooms for rent that are sleeping up to 12 people. He said the City really needs to look at the magnitude of these vacation rentals. He said after doing some research he found that there are approximately 1,255 homes on the market that are available for vacation rentals, which equates to approximately 2,400 rooms. He said the city’s residential neighborhoods are just not set up for this type of activity. Mr. Ketchum said if he had known at the time he bought his house that he would live next to a vacation home he would have never bought his home, and said today if he were to sell his home he would have to disclose under the “listing agreement selling disclosure” whether there is any noise or nuisance problems related to the property. Mr. Ketchum said homes in single family residential areas should not be operating as motels and hotels, and asked that the Council do something because the quality of life in his neighborhood has deteriorated due to the circumstances surrounding these vacation rentals. Mayor Nexsen reiterated that the Council has directed staff to work on this issue. Ms. Diane Klostermeier addressed the Council and said at the last City Council meeting she addressed concerns about the approval of the proposed General Plan for Lake Havasu City which Lake Havasu City Page 2 Printed on 9/15/2015 City Council Regular Meeting Minutes - August 25, 2015 Final will be voted on during the 2016 election. She said she emphasized the importance of the General Plan, which is not a general document but a legal document for the future 10-year development of the city as part of the Growing Smarter legislation from the State. She explained what a general plan is and its importance. She said the city’s residents need to know how the new plan will impact the growth and development of Lake Havasu City and how it will impact the quality of life. She said the General Plan’s content will provide the new framework for land planning and the City’s policy and direction on a number of issues. She added that it provides the framework for more specific planning and legal policy on land use and growth management, which covers a great number of chapters in the General Plan, and will be used as the framework for the City’s Development Code and Zoning requirements and the types of development for Lake Havasu City. Ms. Klostermeier said her complaint is that the new General Plan lacks guidelines and “teeth” for developers to adhere to. She said it allows for and encourages mixed-use, increased height, and increased residential housing throughout the city. She added that the new plan provides for an ambiguous criterion misnomer for various classifications for zoning. Ms. Klostermeier encouraged the public to vote “no” on the proposed General Plan. Mayor Nexsen encouraged everyone to read the proposed General Plan to understand what is in it and what has been approved by the Council, the Planning and Zoning Commission, as well as a variety of citizens. Mr. Lou Boozell addressed the Council regarding a vacation rental across the street from his house and said he has several photos that show the heavy amount of vehicles, boats, and trailers lining the street from this vacation rental home. Mr. Mike Johnson addressed the Council and said he lives on Appletree Drive and has an issue with the homeowners behind his house that built their home as a party house. He said the house is literally in his backyard and the problem started when the construction debris was not cleaned up after the home was built because the pool was still under construction. He said the debris continued to pile up on the slope behind his house and after complaining, he became the victim of harassment. He said they have shined lights directly into his house in the middle of the night, pounded on his front door, shot at his landscaping lights, have thrown trash into his swimming pool, and have played loud music throughout the night. Mr. Johnson said he contacted the Police Department several times but nothing was resolved because all the Police Department would do is talk to them. He said he ended up taking the issue to court and got an injunction against harassment, but the injunction will be lifted on September 8th and he is worried about what might happen after that date. He provided history records and pictures to the City Clerk for distribution. Ms. Brenda Atkinson, broker/owner of Destination Havasu and manager of vacation rental properties, said she has lived in Lake Havasu City for 27 years and would like to be part of the solution and work with the City because the types of behaviors happening at some of the vacation Lake Havasu City Page 3 Printed on 9/15/2015 City Council Regular Meeting Minutes - August 25, 2015 Final rentals should not be taking place. Ms. Atkinson said there are a lot of properties in Lake Havasu City that are managed by owners, and said because of private property rights you cannot require an owner to hire a professional property manager. Ms. Atkinson said she and the realtor community would like to actively participate in a solution to this problem and asked that they be involved in this process. Mr. Carl Jackson addressed the Council and said he has been renting his home which is a vacation rental by owner for about five years and has never had any issues. He said he includes a note to the renters that they need to be considerate of the neighbors which seems to help. Mr. Jackson said he went through several realtors when he was looking to rent his home but did not receive any responses; however, he was successful renting it by owner and now has it rented out until the year 2017. Ms. Susan Wolfe addressed the Council and said she lives in the golf course area and there is a 6,500 to 7,000 square foot home behind her property that is used as a vacation rental through a realtor. She said because the home is large there is typically a large group of people, including wedding parties, that rent it and it can get very loud. Ms. Wolfe said she feels like they are being imposed upon and does not think this is the right kind of activity for a residential area. Mr. Stephen Judd addressed the Council and said while private property rights must be taken into consideration, he feels that nightly rentals are inappropriate in residential areas. He said people have homes and live in residential areas, and while these homeowners may have company and entertain occasionally, they are considerate of their neighbors. He said nightly rentals are different because the renters do not live there and are not considerate of the neighbors. He noted that the City also does not have an ordinance that restricts trailers and cars from parking in the street, and feels that the residential areas are being used in a different manner than how they were intended. He suggested that the Council consider a 30-day minimum for vacation rental homes to avoid nightly rentals. He said many other cities and towns have restrictions for vacation rentals and thinks the Council should look into doing this as well. 6. CONSENT AGENDA 6.1 ID 15-0350 Approve the August 11, 2015, City Council Regular Meeting Minutes 6.2 ID 15-0346 Adopt Resolution No. 15-2978 Approving Memorandum of Understanding with the Arizona Department of Revenue to Establish Performance Measures 6.3 ID 15-0370 Adopt Resolution No. 15-2980 Approving the Equitable Sharing Agreement and Certification with the Department of Justice and the Department of the Treasury for Participation in the Equitable Sharing Program Lake Havasu City Page 4 Printed on 9/15/2015 City Council Regular Meeting Minutes - August 25, 2015 Final 6.4 ID 15-0361 Recommend Approval of a Special Event Liquor License Application for The Norona Effect, Inc. Fundraiser on September 26, 2015, on McCulloch Boulevard / Norona 6.5 ID 15-0365 Recommend Approval of a Special Event Liquor License Application for the Lake Havasu City Hospitality Association for the 7th Annual Great Pineapple Race on September 24, 2015, at 1340 McCulloch Boulevard / Bonney 6.6 ID 15-0355 Recommend Approval of a Special Event Liquor License Application for the Friends of the Fair Fundraiser on December 12, 2015, at 7260 Dub Campbell Parkway / Campbell-Nagel 6.7 ID 15-0354 Recommend Approval of a Special Event Liquor License Application for the Social Services Interagency Council of Lake Havasu City, Inc., Fundraiser and Lucas Oil Drag Boat Event on October 2, 3, & 4, 2015, at 1400 South Smoketree Lane / Eigenbrodt 6.8 ID 15-0352 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 5:00 p.m. Tuesday, September 8, 2015 Councilmember Callahan moved to approve the Consent Agenda as presented, seconded by Councilmember Brister, 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 15-0357 Quarterly Investment Report at June 30, 2015 Mayor Nexsen reported that this item was for informational purposes only. There were no questions from the Council. 7.2 ID 15-0316 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. 7.3 ID 15-0349 City Manager’s Report Lake Havasu City Page 5 Printed on 9/15/2015 City Council Regular Meeting Minutes - August 25, 2015 Final City Manager Charlie Cassens reported on the following: • Bids were opened this week for the improvements at Rotary Park and the Skate Park. The improvements include creating a driveway between the Aquatic Center and the south Rotary parking lot. The Skate Park will receive a new parking lot on the upper level with improved drainage, ADA parking and improved overall access for persons with disabilities. Construction is expected to begin in September. • On September 22nd, bids will be opened for street widening and drainage improvements on Chesapeake Boulevard. This project consists of asphalt widening on Chesapeake Boulevard between Jamaica Boulevard and McCulloch Boulevard, a distance of approximately 1.1 miles. Concrete driveways will be reconstructed, mailboxes relocated, riprap installed in washes, and curb/gutter will be constructed. • Code Enforcement Updates. There are 48 active and open cases. • Five Lake Havasu High School Student Council representatives attended the League of Arizona Cities and Towns Youth Program with City Council last week: Lexy Arevalo, Tatum Bracamonte, Hayden Lintz, Garrett McNerney, and Stephanie Nelson. They were very active participating in the youth session and activities and interacting with the local and state elected officials, and also representing Tri-City Council. The students will attend a council meeting in the near future to present their experience. • Lake Havasu City is looking for low-income homeowners who wish to have health and safety-related repairs made to their home. Applicants will be placed on a waiting list if minimum requirements are met. Applications are available at City Hall, Monday through Friday, from 8 a.m. to 5 p.m., or on the City’s website at www.lhcaz.gov. • London Bridge Days will kick off on Saturday, October 17th, with the Fall Fun Fair at Rotary Community Park ball fields, and will end on Saturday, October 31st, with Fright Night on McCulloch Boulevard. All interested groups and persons interested in participating in the Fall Fun Fair are invited to attend the first Fall Fun Fair Committee meeting, on Thursday, August 27th, at 9 a.m., at the Aquatic Center. Any groups or clubs planning a special event during London Bridge Days and interested in including posters and flyers for advertising are invited to join the committee meeting on August 28th, at 9 a.m. at the Aquatic Center. • The next Coffee with the Mayor is scheduled for Friday, September 4th, at the Golden Corral, from 7:30 a.m. to 9 a.m. • City offices will be closed in observance of the Labor Day holiday on Monday, September 7th. 8. PUBLIC HEARINGS 8.1 ID 15-0362 Recommend Approval of a Special Event Liquor License Application for the Lake Havasu Chamber Foundation for Education and Leadership Fundraiser on September 30, 2015, at 7260 Dub Campbell Parkway / Darrow Ms. Williams advised that Ms. Nancy Darrow has applied for a special event liquor license for a Lake Havasu Chamber Foundation for Education and Leadership fundraiser on September 30, Lake Havasu City Page 6 Printed on 9/15/2015 City Council Regular Meeting Minutes - August 25, 2015 Final 2015, from 3 p.m. to 8 p.m. She added 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 and that Council ratify the City Manager’s designation to allow the sale of alcoholic beverages in SARA Park for the Lake Havasu Chamber Foundation for Education and Leadership Fundraiser, on September 30, 2015 from 3:00 p.m. to 8:00 p.m. at 7260 Du Campbell Parkway, seconded by Councilmember Brister, 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 15-0363 Recommend Approval of a Special Event Liquor License Application for the Lake Havasu Chamber Foundation for Education and Leadership Fundraiser on October 17, 2015, at 7260 Dub Campbell Parkway / Darrow Ms. Williams advised that Ms. Nancy Darrow has applied for a special event liquor license for a Lake Havasu Chamber Foundation for Education and Leadership fundraiser on October 17, 2015, from 4 p.m. to 10 p.m. She 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 Callahan moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Special Event Liquor License and that Council ratify the City Manager’s designation to allow the sale of alcoholic beverages in SARA Park for the Lake Havasu Chamber Foundation for Education and Leadership Fundraiser, on October 17, 2015 from 4:00 p.m. to 10:00 p.m. at 7260 Dub Campbell Parkway, 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 8.3 ID 15-0364 Recommend Approval of a Special Event Liquor License Application for the Lake Havasu Chamber Foundation for Education and Leadership Lake Havasu City Page 7 Printed on 9/15/2015 City Council Regular Meeting Minutes - August 25, 2015 Final Fundraiser on October 3, 2015, at 7260 Dub Campbell Parkway / Darrow Ms. Williams advised that Ms. Nancy Darrow has applied for a special event liquor license for a Lake Havasu Chamber Foundation for Education and Leadership fundraiser on October 3, 2015, from 4 p.m. to 10 p.m. She 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 Sheehy moved to recommend that the Arizona Department of Liquor Licenses 7 Control approve a Special Event Liquor License and that Council ratify the City Manager’s designation to allow the sale of alcoholic beverages in SARA Park for the Lake Havasu Chamber Foundation for Education and Leadership Fundraiser, on October 3, 2015 from 4:00 p.m. to 10:00 p.m. at 7260 Dub Campbell Parkway, 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 8.4 ID 15-0329 Series #10 Liquor License, Hava Gas, 2085 Palo Verde Boulevard North/Bradley Ms. Williams advised that Mr. Donald Dewayne Bradley has applied for a Series #10 Beer and Wine Store Liquor License for Hava Gas located at 2085 Palo Verde Boulevard North. Ms. Williams noted that all fees have been paid, all posting requirements have been met, 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 Brister moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #10 liquor license for Hava Gas, 2085 Palo Verde Boulevard North, 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 8.5 ID 15-0339 Series #12 Liquor License, Vinnies Pizzeria, 2061 Swanson Avenue/Morse Ms. Williams advised that Ms. Theresa June Morse has applied for a Series #12 Restaurant Liquor Lake Havasu City Page 8 Printed on 9/15/2015 City Council Regular Meeting Minutes - August 25, 2015 Final License for Vinnies Pizzeria located at 2061 Swanson Avenue. Ms. Williams noted that all fees have been paid, all posting requirements have been met, 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 Callahan moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #12 liquor license for Vinnies Pizzeria, 2061 Swanson Avenue, 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 8.6 ID 15-0331 Adopt Resolution No. 15-2972 Appointing Member(s) to the Parks and Recreation Advisory Board Ms. Williams stated that the City Clerk’s office received one application requesting consideration as a teen member on the Parks & Recreation Advisory Board. Ms. Williams added that an appointment is needed to fill one teen member vacancy with a term to expire June 30, 2016. Ms. Logan Johnson addressed the Council and stated that she is 16 years old and a junior attending Lake Havasu High School. She said she is in all honors classes, is a dual-enrollment student maintaining straight A’s, and is on-track to graduate with an Associate’s Degree in Science. Ms. Johnson said she is active in several clubs including: National Honor Society, Freshman Mentor Club, Key Club, and President of the Youth Court. Ms. Johnson added that she volunteered for two years at the Parks and Recreation Sunshine Summer Camps and also served as a Camp Leader at the Smoketree Sunshine Camp over the last summer. Ms. Johnson said she would like to see more of what her hometown does and would like to be part of the decision making process for the events in the community. She added another reason she would like to be on the Parks & Recreation Advisory Board is to be able to leave her mark on the city, the events, and what brings the community together. The Council commended Ms. Johnson in her accomplishments. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Sheehy moved to adopt Resolution No. 15-2972 appointing Ms. Logan Johnson as a teen member to the Parks and Recreation Advisory Board with a term to expire on June 30, 2016, seconded by Councilmember Barlow, and carried by the following vote: Lake Havasu City Page 9 Printed on 9/15/2015 City Council Regular Meeting Minutes - August 25, 2015 Final Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Sheehy and Councilmember Lin Absent: 1 - Councilmember Coke 8.7 ID 15-0358 Adopt Resolution No. 15-2979 Approving an Assistance Agreement with the United States Department of the Interior Bureau of Reclamation to Re-Establish a Water Conservation Rebate Program and Enhance the Water Conservation Website Water Resources Coordinator Doyle Wilson said this item is to approve an assistance agreement for a rebate program through the Water Conservation Field Services Program sponsored by the Bureau of Reclamation (BOR). Dr. Wilson said the total cost of the project is $99,201.30; however, the BOR will be supporting $46,336, the City’s Water Division funding $26,700 and $25,165.30 in in-kind services from staff time and labor. Dr. Wilson said the City has offered this program three times in the past and it has been very successful. He said all three times they ran out of money well before the planned-term of the rebate program. He added that the program this year will include toilet rebates, pool covers, hot water recirculation pumps, and smart irrigation controllers. Dr. Wilson noted that a local business is also interested in donating money towards this program. He said information about the Water Conservation Rebate Program can be found on the City’s Water Conservation website at www.havasuwatersavers.org. Councilmember Sheehy asked how citizens can take advantage of this program, to which Dr. Wilson said there are certain requirements that must be met but citizens interested in the rebate program can contact the City’s Water Conservation Division. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to adopt Resolution No. 15-2979 approving the Assistance Agreement with the Bureau of Reclamation regarding the 2015 Conservation Implementation Project and authorize the City Manager to execute the Agreement on behalf of the City, 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 8.8 ID 15-0347 Adopt Ordinance No. 15-1135 Amending Lake Havasu City Code Chapter 5.08, Peddlers, Solicitors, and Transient Merchants Lake Havasu City Page 10 Printed on 9/15/2015 City Council Regular Meeting Minutes - August 25, 2015 Final Police Chief Dan Doyle said the item before the Council is the final adoption of the Peddlers, Solicitors, and Transient Merchants ordinance. He said the changes include the transfer of this process to the Police Department as well as changes to the pro-ration of fees in moving to date-of- issue. Councilmember Sheehy said for clarification the adoption of this ordinance is to update the City Code to reflect the current practices, to which Chief Doyle said that was correct. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to adopt Ordinance No. 15-1135 amending the Lake Havasu City Code Chapter 5.08, Peddlers, Solicitors, and Transient Merchants, 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 8.9 ID 15-0348 Adopt Ordinance No. 15-1136 Amending Lake Havasu City Code Title 6, Animals, Relating to Definition of Service Animal, Fees, and Disturbing the Peace Chief Doyle said this item is a final adoption of an ordinance revising the definition of “service animal,” which will bring the definition in compliance with Arizona State Revised Statues. He added that the ordinance also includes changes in the fees for animal licensing because, as a result of bringing it in-house, it allowed the City to reduce the licensing fees. Chief Doyle added that the ordinance also includes changes to the definition of “animals disturbing the peace” to include barking, howling, and crowing. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Brister moved to adopt Ordinance No. 15-1136 amending Lake Havasu City Code Title 6, Animals, 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 8.10 ID 15-0345 Approve Sole Source Purchase of a Flygt Pump from James, Cooke and Hobson, Inc. Lake Havasu City Page 11 Printed on 9/15/2015 City Council Regular Meeting Minutes - August 25, 2015 Final Wastewater Division Manager Doug Thomas said staff is requesting authorization for the purchase of a spare pump for the North Center Pump Station. He said Flygt pumps are very common in the City’s wastewater system and run at approximately 160-horsepower which are too large to work on locally. He said due to the age and increasing flows at this location, which include the North Pointe Subdivision properties, Airport, and the properties above the highway, the spare pump would be used in the event of a failure. Councilmember Lin asked for the age of the current pumps, to which Mr. Thomas said approximately four to five years old. Councilmember Lin asked if there is an average life expectancy from the pumps, to which Mr. Thomas replied that it depends on the environment. He explained that this particular pump in the early years did not have a high flow; however, the flows are increasing, and due to the flows and age of the pumps it is more of a safety precaution to have a spare on hand in the event of a pump failure. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to approve the sole source purchase of a Flygt pump from James, Cooke and Hobson, Inc., seconded by Councilmember Brister, 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 8.11 ID 15-0360 Approve Cooperative Purchase of Pavement Crack & Joint Sealer from Crafco, Inc. Maintenance Services Division Manager Mark Clark stated that this item is for the purchase of pavement crack and joint sealer utilizing the cooperative State contract. He explained that the City will go out to bid for privatization and contract a company that will perform the crackfilling service utilizing the City-provided materials. He said purchasing the materials allow the City to control the supply and also eliminates the ability for the contractor to mark-up the materials costs, or overuse or underuse the supply. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Sheehy moved to approve the cooperative purchase of pavement crack and joint sealer, from Crafco, Inc., utilizing the ADOT State Contract Blanket Purchase Order, seconded by Councilmember Callahan, and carried by the following vote: Lake Havasu City Page 12 Printed on 9/15/2015 City Council Regular Meeting Minutes - August 25, 2015 Final 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. CALL TO THE PUBLIC Ms. Meister addressed the Council again regarding vacation rentals. She said there is a growing issue in Lake Havasu City when it comes to the amount of vacation rentals on the market and referred to an article from 2001 that addressed vacation rentals. Ms. Meister said the vision of Robert McCulloch is out of balance and something needs to be done to change it. 11. FUTURE MEETINGS Tuesday, September 8, 2015 @ 4:00 p.m. – Work Session - CANCELED Tuesday, September 8, 2015 @ 6:00 p.m. – Regular Meeting Tuesday, September 22, 2015 @ 5:00 p.m. – Work Session Tuesday, September 22, 2015 @ 6:00 p.m. – Regular Meeting 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 7:04 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 25th day of August, 2015.I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, CMC, City Clerk Lake Havasu City Page 13 Printed on 9/15/2015

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, August 25, 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 Lan Blair, Abundant Grace 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 15-0350 Approve the August 11, 2015, City Council Regular Meeting Minutes 6.2 ID 15-0346 Adopt Resolution No. 15-2978 Approving Memorandum of Understanding with Lake Havasu City Page 1 Printed on 8/24/2015 City Council Regular Meeting Agenda - August 25, 2015 Final the Arizona Department of Revenue to Establish Performance Measures 6.3 ID 15-0370 Adopt Resolution No. 15-2980 Approving the Equitable Sharing Agreement and Certification with the Department of Justice and the Department of the Treasury for Participation in the Equitable Sharing Program 6.4 ID 15-0361 Recommend Approval of a Special Event Liquor License Application for The Norona Effect, Inc. Fundraiser on September 26, 2015, on McCulloch Boulevard / Norona 6.5 ID 15-0365 Recommend Approval of a Special Event Liquor License Application for the Lake Havasu City Hospitality Association for the 7th Annual Great Pineapple Race on September 24, 2015, at 1340 McCulloch Boulevard / Bonney 6.6 ID 15-0355 Recommend Approval of a Special Event Liquor License Application for the Friends of the Fair Fundraiser on December 12, 2015, at 7260 Dub Campbell Parkway / Campbell-Nagel 6.7 ID 15-0354 Recommend Approval of a Special Event Liquor License Application for the Social Services Interagency Council of Lake Havasu City, Inc., Fundraiser and Lucas Oil Drag Boat Event on October 2, 3, & 4, 2015, at 1400 South Smoketree Lane / Eigenbrodt 6.8 ID 15-0352 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 5:00 p.m. Tuesday, September 8, 2015 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 15-0357 Quarterly Investment Report at June 30, 2015 7.2 ID 15-0316 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions 7.3 ID 15-0349 City Manager’s Report 8. PUBLIC HEARINGS 8.1 ID 15-0362 Recommend Approval of a Special Event Liquor License Application for the Lake Havasu Chamber Foundation for Education and Leadership Fundraiser on September 30, 2015, at 7260 Dub Campbell Parkway / Darrow 8.2 ID 15-0363 Recommend Approval of a Special Event Liquor License Application for the Lake Havasu Chamber Foundation for Education and Leadership Fundraiser on October 17, 2015, at 7260 Dub Campbell Parkway / Darrow 8.3 ID 15-0364 Recommend Approval of a Special Event Liquor License Application for the Lake Havasu Chamber Foundation for Education and Leadership Fundraiser on October 3, 2015, at 7260 Dub Campbell Parkway / Darrow 8.4 ID 15-0329 Series #10 Liquor License, Hava Gas, 2085 Palo Verde Boulevard Lake Havasu City Page 2 Printed on 8/24/2015 City Council Regular Meeting Agenda - August 25, 2015 Final North/Bradley 8.5 ID 15-0339 Series #12 Liquor License, Vinnies Pizzeria, 2061 Swanson Avenue/Morse 8.6 ID 15-0331 Adopt Resolution No. 15-2972 Appointing Member(s) to the Parks and Recreation Advisory Board 8.7 ID 15-0358 Adopt Resolution No. 15-2979 Approving an Assistance Agreement with the United States Department of the Interior Bureau of Reclamation to Re-Establish a Water Conservation Rebate Program and Enhance the Water Conservation Website 8.8 ID 15-0347 Adopt Ordinance No. 15-1135 Amending Lake Havasu City Code Chapter 5.08, Peddlers, Solicitors, and Transient Merchants 8.9 ID 15-0348 Adopt Ordinance No. 15-1136 Amending Lake Havasu City Code Title 6, Animals, Relating to Definition of Service Animal, Fees, and Disturbing the Peace 8.10 ID 15-0345 Approve Sole Source Purchase of a Flygt Pump from James, Cooke and Hobson, Inc. 8.11 ID 15-0360 Approve Cooperative Purchase of Pavement Crack & Joint Sealer from Crafco, Inc. 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 Lake Havasu City Page 3 Printed on 8/24/2015 City Council Regular Meeting Agenda - August 25, 2015 Final Tuesday, September 8, 2015 @ 4:00 p.m. - Work Session - CANCELED Tuesday, September 8, 2015 @ 6:00 p.m. - Regular Meeting Tuesday, September 22, 2015 @ 5:00 p.m. - Work Session Tuesday, September 22, 2015 @ 6:00 p.m. - Regular Meeting 12. FUTURE AGENDA ITEMS 13. ADJOURN Lake Havasu City Page 4 Printed on 8/24/2015

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