City Council

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, September 8, 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 Ken Belch, Hilltop Community Church Pastor Ken Belch with Hilltop Community 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 Ms. Diane Klostermeier addressed the Council and said at the last City Council meeting she addressed her concerns regarding the approval of the proposed General Plan for Lake Havasu City which will be voted on during the 2016 election. 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. 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 the plan 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 main complaint is that the new Lake Havasu City Page 1 Printed on 9/23/2015 City Council Regular Meeting Minutes - September 8, 2015 Final 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 said the General Plan is a statement of City policy, but because this proposed updated General Plan lacks firm guidelines and specific regulations for future planning, it does not establish set policies for decision making. Ms. Klostermeier said the proposed plan leaves the door wide-open as to the nature and type of mixed-use allowed in numerous areas of the city, and allows the zoning codes to be loosely written, open to interpretation, easily amended, and leaves existing residents with little or no recourse for development and use that would negatively impact the quality of life in their area. She added that the current General Plan and code does not oblige for homes being used as vacation rentals, nor does it address this possibility; however, the new General Plan will not only allow for it but encourages it, by advocating mixed-use in all areas and greater height and density; and while it does not mention “vacation homes,” it has led to the committee working on our City Code to enable bed-and-breakfast facilities, student housing, and even more vacation homes in all areas. Ms. Klostermeier said one specific example is the development of the golf course which is currently for sale. She said the new General Plan would allow the developer to apply for permits to provide condos on the existing property. She said another example is the new General Plan’s failure to secure and respect the citizen’s wishes related to the corner lot by the high school. She said this lot was considered to be rezoned to provide a convenience store but was denied under the existing General Plan; however, under the proposed General Plan, there will not be sufficient grounds for denying this request due to the added mixed-component, the new land-use, and relaxed policies. Ms. Klostermeier encouraged the public to vote “no” on the new General Plan. Mayor Nexsen said for clarification the proposed General Plan was approved by a citizen’s committee, the Planning & Zoning Commission, and the City Council, and added that nowhere in the proposed General Plan does it increase heights in residential areas. 6. CONSENT AGENDA 6.1 ID 15-0388 Approve the August 25, 2015, City Council Regular Meeting Minutes 6.2 ID 15-0377 Adopt Resolution No. 15-2982 Abandoning the Entire 20-foot Public Utility and Drainage Easement Along the Common Property Line of Tract 123, Block 9, Lots 5 and 6; Except that Portion Common with the 10-foot Public Utility and Drainage Easement Along the Rear of Said Properties / Marc and Shelly Garrez 6.3 ID 15-0374 Recommend Approval of a Special Event Liquor License Application for the Lake Havasu City Hospitality Association Fundraiser on September 24, 2015, at London Bridge Beach / Bonney 6.4 ID 15-0375 Recommend Approval of a Special Event Liquor License Application for the Walk to the Moon event on October 23, 2015, at 210 Swanson Avenue Lake Havasu City Page 2 Printed on 9/23/2015 City Council Regular Meeting Minutes - September 8, 2015 Final / Norona 6.5 ID 15-0376 Recommend Approval of a Special Event Liquor License Application for the Lake Havasu City Community Services Department Concerts in the Park Series on October 2, 9, 16 & 23, 2015 at 1340 McCulloch Boulevard / Best-Carlton 6.6 ID 15-0383 Recommend Approval of a Special Event Liquor License Application for the Basic Wake & Skate Event on October 31 & November 1, 2015, at 1400 S. Smoketree / Norona 6.7 ID 15-0384 Recommend Approval of a Special Event Liquor License Application for The K12 Foundation of Lake Havasu Unified School District #1 Fundraiser on October 27, 2015, at 7206 Dub Campbell Parkway / Campbell 6.8 ID 15-0389 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 4:00 p.m. Tuesday, September 22, 2015 Councilmember Callahan moved to approve the Consent Agenda as presented, 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 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 15-0386 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 15-0387 City Manager’s Report City Manager Charlie Cassens reported on the following: • Welcomed two new members to the Administrative Services Department: Administrative Services Department Director Tabatha Miller and Manager Trinna Ware. • Code Enforcement Updates. There are currently 40 active and open cases. • Upcoming Special Events: o Friday, September 11, 2015 – 9/11 Rededication Ceremony at London Bridge Beach at 9:00am o Saturday, September 12, 2015 - Color Your Sole 5K Walk/Run at Rotary Park at 8:00am Lake Havasu City Page 3 Printed on 9/23/2015 City Council Regular Meeting Minutes - September 8, 2015 Final 8. PUBLIC HEARINGS 8.1 ID 15-0367 Series #07 Liquor License, Fugs, 2068 McCulloch Boulevard North, Suite A/Rolando Ms. Williams stated that Mr. Christopher Paul Rolando has applied for a Series #07 Liquor License for Fugs, located at 2068 McCulloch Boulevard North, Suite A. Ms. Williams said all posting requirements were met, all fees were paid, and no objections were received. She added that the location is properly zoned for a liquor license. 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 #07 liquor license for Fugs, 2068 McCulloch Boulevard North, Suite A, seconded by Councilmember Sheehy, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 8.2 ID 15-0385 Recommendation of an Off-Track Pari-Mutuel Wagering License Renewal for Gallagher’s Pub & Dining, 3524 McCulloch Blvd. N./ Turf Paradise Ms. Williams advised that Turf Paradise submitted a letter of interest in renewing an Off-Track Pari-Mutuel Wagering License for Gallagher’s Pub & Dining, located at 3524 McCulloch Boulevard North. Ms. Williams noted that Turf Paradise is requesting a three-year renewal from June 1, 2015, to May 31, 2018, and added that the applicant has held a license at this location since 1995. Ms. Williams advised that the application was reviewed and no objections were received. 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 Racing approve the renewal of an off-track pari-mutuel wagering license for Turf Paradise at Gallagher’s Pub & Dining, 3524 McCulloch Blvd. N., through May 31, 2018, 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 8.3 ID 15-0390 Adopt Resolution No. 15-2983 Appointing a Regular Member to the Lake Havasu City Trails Advisory Committee Ms. Williams advised that the City Clerk’s office received one application requesting consideration Lake Havasu City Page 4 Printed on 9/23/2015 City Council Regular Meeting Minutes - September 8, 2015 Final of appointment to the Trails Advisory Committee. She said an appointment is needed to fill a regular member vacancy with a term to expire on June 30, 2017. Mr. John Geyer addressed the Council and said he has been involved with off-roading in Lake Havasu City for the past 12 years and is the new founding president of the Havasu Side-by-Side Association. He said he believes it would be a good mix to have the off-roading community present on the Trails Advisory Committee, and added that he has been involved in various community events. In response to Councilmember Sheehy’s question, Mr. Geyer said his goals would be to include communication to all the governmental agencies, including public safety and land use, and also include off-road activities in Lake Havasu City. Mayor Nexsen asked if Mr. Geyer’s club had reached out to the Bureau of Land Management (BLM) and their trails management plan, to which Mr. Geyer replied that his club is only a month old and has not held a general membership meeting yet. He said he personally has talked with the BLM and they want to be involved, and added that Mr. Jeff Prince, head of the Arizona State Parks Off-Road Division, will be a guest speaker at their first meeting. In response to Councilmember Brister’s question, Mr. Geyer said he has volunteered in the past with TV45 and the Freedom Bridge Foundation, and is currently a volunteer at the Lake Havasu City Police Department. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to adopt Resolution No. 15-2983 appointing Mr. John Geyer as a regular member on the Trails Advisory Committee with a term to expire on June 30, 2017, seconded by Councilmember Sheehy, and carried by the following vote: Aye: 4 - Councilmember Barlow, Councilmember Callahan, Councilmember Sheehy and Councilmember Lin Nay: 3 - Mayor Nexsen, Vice Mayor Brister and Councilmember Coke 8.4 ID 15-0393 Adopt Resolution No. 15-2986 Supporting Congressman Gosar and Senator McCain’s Bipartisan Bills to Ensure Justice for Downwinders Exposed to Government Radiation Testing Mr. Cassens advised that before the Council is a resolution that supports Congressman Gosar and Senator McCain’s bipartisan bill for Downwinders that could possibly have been exposed to government radiation testing that took place between the 1940’s and 1960’s. He explained that there was a previous bill enacted in 1990 called the “Radiation Exposure Compensation Act Lake Havasu City Page 5 Printed on 9/23/2015 City Council Regular Meeting Minutes - September 8, 2015 Final (Act);” however, the Act left out Mohave County; therefore, this bill would essentially place Mohave County on the map. Mr. Cassens said staff encourages the City Council’s support in adoption of this resolution. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to adopt Resolution No. 15-2986 supporting Congressman Gosar and Senator McCain’s bipartisan bills to ensure justice for Downwinders exposed to government radiation testing, 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 8.5 ID 15-0359 Introduce Ordinance No. 15-1137 Amending Lake Havasu City Code Section 3.20.040, Schedule of Fees and Service Charges, to Update Fees and Charges Mr. Cassens said this is a housekeeping measure contained in the City Code that sets fees and charges for various services that the City provides. He explained that the City’s schedule of fees and service charges are reviewed by City staff to ensure that the costs are appropriate for the services provided. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Sheehy asked what methodology or process the City goes through to determine the various fee structures, to which Mr. Cassens explained that each of the departments contributed to the process to determine whether the fees in place are recovering the costs of providing those services. Senior Accountant Sandy McCormack further explained that the City uses a program that factors in all personnel costs, overhead costs, fixed assets, as well as depreciation and staff time, to come up with a fully-burdened rate for each service based on any staff time associated and special equipment used. She said after those fees are factored, staff meets with the departments to review the rates for accuracy to determine if it is a reasonable fee and if the market will bear it, and then they come up with the code percentages of recovery. She said some are 100-percent recovery while others are 5-percent, and is primarily based upon what the market will bear. Councilmember Sheehy asked if some of the fees are determined by the fee studies while others are determined by the market, to which Ms. McCormack stated that was correct. Councilmember Sheehy asked about the fees related to the London Bridge stage rental, to which Lake Havasu City Page 6 Printed on 9/23/2015 City Council Regular Meeting Minutes - September 8, 2015 Final Ms. McCormack explained that the stage was brought to staff’s attention some time ago when it was reconstructed. She said the stage was not included in the City’s cost for services like the London Bridge Beach stage rental; therefore, it was determined that staff should develop a fee. Ms. McCormack added that there are no calculations for this type of fee; therefore, based off the fees for the London Bridge Beach stage rental, which has more amenities than this stage, the fee for the London Bridge stage was reduced. Councilmember Sheehy said he would like to see the current fees in comparison to the changes and requested a list of all the fees. Mr. Cassens added that this review is outlined in the City Code as a routine measure that staff does regularly; however, as the City moves through the Priority Based Budgeting process there will likely be changes to this process. Councilmember Brister moved to introduce Ordinance No. 15-1137 amending Lake Havasu City Code Section 3.20.040, to update the schedule of fees and service charges, 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 8.6 ID 15-0391 Adopt Resolution No. 15-2984 Approving the Intergovernmental Agreement with Mohave County Flood Control District to Facilitate FEMA Cooperating Technical Partners Grant Funding Management Community Services Director/City Engineer Greg Froslie advised that the agreement before the Council will allow the City to take advantage of grant funding from FEMA and partner with the Mohave County Flood Control District to study and re-map the area north of the incorporated city limits. Mr. Froslie showed a map of the project boundaries provided by the Mohave County Flood Control District, which includes the area between the northern incorporated city limits to the airport, and also the airport property. Mr. Froslie explained that some of the issues that the City is dealing with regarding floodplains is due to piecemeal development, as most of these areas have administratively removed themselves from the floodplain using the letter of map revision program; however, these areas have not been looked at globally therefore the effects of all these different subdivisions in surrounding areas are unknown. Mr. Froslie said the current information is not accurate and needs to be updated, and equally important is the area north of the city up to the airport property. He explained that this is a high-potential area for future development and there is no floodplain information available, which is a deterrent for potential developers. Mr. Froslie said this project is really an ongoing effort that started in 2012 when the City participated in what FEMA called the “discovery project,” where they gathered floodplain information from participating communities and used the information to identify areas that needed Lake Havasu City Page 7 Printed on 9/23/2015 City Council Regular Meeting Minutes - September 8, 2015 Final to be studied and re-mapped. He added that the City’s participation in the “discovery project” in 2012 made the City eligible for this Cooperating Technical Partners (CTP) grant funding. Mr. Froslie said the total project cost would be $200,000. He noted that FEMA requires a local match of 25-percent, or $50,000, and the Mohave County Flood Control District requires a 5-percent donation, or $10,000, which equates to a total commitment from Lake Havasu City of $60,000. In response to Mayor Nexsen’s question, Mr. Froslie replied that the mapping effort and gathering of information will take approximately 12 months, with an additional one to two years for FEMA approval. In response to Councilmember Callahan’s question, Mr. Froslie replied that once the study identifies where the new flood designations are it will help determine insurance requirements. Mr. Froslie explained the three flood designations as follows: • X Flood Zone - outside the 100-year storm and does not require insurance; • A-O Flood Zone – in the floodway and construction is permitted however FEMA does not provide for base flood elevation; and, • A-E Flood Zone - has a base flood designation from FEMA. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Sheehy moved to adopt Resolution No. 15-2984 approving the Intergovernmental Agreement with Mohave County Flood Control District for FEMA Cooperating Technical Partners grand funding management, 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 8.7 ID 15-0371 Approve General Construction Agreement for Boring in Relation to the Fiber Optics Backhaul Completion with NPL Construction (Project No. IT1501) Information Technology Manager Jonathan Baskette said staff is requesting approval of an agreement with NPL Construction in support of a fiber project that was approved by the City Council in July of 2015. He added that the City has contracted NPL Construction to construct three underground bores. Mr. Baskette listed the three locations as follows: 1) Under Highway 95 just south of Kiowa Blvd. - will provide fiber optics to the Lake Havasu City Operations Facility, 2) Under Highway 95 at the corner of Park Avenue and the Aquatic Center, Lake Havasu City Page 8 Printed on 9/23/2015 City Council Regular Meeting Minutes - September 8, 2015 Final 3) Under the parking lot at the Aquatic Center - will provide fiber optics to the building. Mayor Nexsen asked if there would be any traffic interruptions on Highway 95, to which Mr. Baskette replied no. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to approve the General Construction Agreement for boring in relation to the Fiber Optics Backhaul Completion with NPL Construction, 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 8.8 ID 15-0382 Approve Sole Source Purchase of Replacement Train 1 ZeeWeed 500D Membrane Modules with the LEAPmbr System for North Regional Wastewater Treatment Plant from Zenon Environmental Corp/GE Water & Process Technologies Wastewater Division Manager Doug Thomas said staff is requesting authorization to purchase a third and final membrane at the North Regional Treatment Plant. He explained that performance has improved due to a new technology that provides aeration to scour the membranes, which is a more efficient process a saves the City approximately $26,000 annually in operating costs. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to approve the Sole Source Purchase of Replacement Train 1 ZeeWeed 500D Membrane Modules with the LEAPmbr System from Zenon Environmental Corp/GE Water & Process Technologies, 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 9. CURRENT EVENTS There were no council committee reports. 10. CALL TO THE PUBLIC There were no requests to address the council. 11. FUTURE MEETINGS Lake Havasu City Page 9 Printed on 9/23/2015 City Council Regular Meeting Minutes - September 8, 2015 Final Tuesday, September 22, 2015 @ 5:00 p.m. – Work Session Tuesday, September 22, 2015 @ 6:00 p.m. – Regular Meeting Tuesday, October 13, 2015 @ 5:30 p.m. – Work Session - CANCELED Tuesday, October 13, 2015 @ 6:00 p.m. – Regular Meeting - CANCELED 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 6:41 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 8th day of September 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 10 Printed on 9/23/2015