City Council

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 City Council Regular Meeting Minutes - Final Tuesday, October 27, 2015 6:00 PM 1. CALL TO ORDER Mayor Nexsen called the meeting to order at 6:00 p.m. 2. INVOCATION: Chaplain Bea Evans, Stonebridge Christian Church Chaplain Bea Evans with Stonebridge Christian Church 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 Jeni Coke and Councilmember Cal Sheehy Absent: 1- Councilmember Michele Lin 5. CALL TO THE PUBLIC Ms. Diane Klostermeier addressed the Council and spoke about two concerns she had: 1) vacation rental homes, and 2) the proposed General Plan for Lake Havasu City which will be voted on during the 2016 election, as well as the new Development Code. She said at the October 20, 2015, meeting the citizens asked the Council to protect the integrity of the single family neighborhoods and to ban the use of vacation rentals in residential areas. She said the Council ignored the citizens’ pleas and ruled in favor of approving vacation rental homes in residential areas and directed staff to prepare some regulations to provide for that. She suggested that the regulations for vacation rental homes exclude transient weekend stays, and specify 30-days or more as one criterion for the suggested licensing. Ms. Klostermeier said the current use is contrary to the City’s current General Plan that was approved by the voters, and city regulations should not be made on the basis that 400 people are using their properties in violation of existing City codes. She said until the code is amended, the Council is in violation of the current General Plan and existing Development Code. She added that the Council is complicit and facilitating an illegal use of residential single family properties and failure to enforce proper provisions of the voter approved Lake Havasu City General Plan. Ms. Klostermeier said furthermore, the Council is enabling certain residents and homeowners to have a special privilege and an illegal use of their property. She said each vacation Lake Havasu City Page 1 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 rental home application should be brought before the Board of Adjustment for deliberation. Ms. Klostermeier noted that 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 for the new Development Code, which was submitted to the Planning & Zoning Commission for consideration and possible adoption on October 14, 2015. Ms. Klostermeier said the new regulations are predicated upon future voter approval of a new General Plan scheduled for 2016. She said the proposed plan violates the current General Plan. She said she urged the Planning & Zoning Commission to look at the consultant’s pictures of the increases and types of density and height, as well as types of development changes and expanded property uses which will be allowed with little or no notification for neighboring properties. She said a few examples of this include: 1) commercial area enables 80-percent residential with as little as 20-percent commercial plus decreased parking requirements, 2) interpretations and changes are solely on the authority of the Zoning Administrator, 3) development of the Channel allowing for 60-feet in height which can be negotiated for increased height, and also removes the 40-foot Channel walkway for the residents, 5) allows for multiple uses in residential areas, including; vacation rental homes, bed-and-breakfasts, board and care homes, and enables adult businesses. She added that the rezoning of the golf course area enables the developer to request changes to allow condo developments with minimal notification to neighboring property owners or concern for changes of their property rights, property values, or quality of life. She stated that the proposed residential increases throughout the city are advocated without regard for providing jobs and employment for existing or added residents. She added that the new General Plan allows for up to 20 dwelling units per acre in some areas, and such increased development will necessitate added city cost for infrastructure, streets, schools, public services, and code enforcement needs. She further added that the prudent development should address the needs for the added commercial which would bring more jobs, income, and revenue from tourists, visitors, trades, and businesses. Ms. Klostermeier encouraged the public to vote “no” on the new General Plan. Mayor Nexsen encouraged the public to read the proposed General Plan which was constructed by a citizen’s committee, and approved by the Planning & Zoning Commission and the City Council. He said many of the items in the proposed General Plan are not as reflected in today’s discussion. Mr. Brett Miller addressed the Council and said he is the coach of a traveling soccer league in Lake Havasu City. Mr. Miller said the youth sports organizations are not going to let up on the pressure Lake Havasu City Page 2 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 after the meeting that took place a few weeks ago. He added that they are fully in support of finding a solution for more fields. He said there was discussion about developing the Buena Vista property, which he personally thought would take too long, and said adding lights, backfill, and additional sod at the existing school fields would be a cheaper solution than constructing a field on an unimproved lot. Mr. Miller said he was also in favor of increasing the bed tax to support the development and maintenance of a sports facility, improvement and maintenance of parks, the Aquatic Center, and Parks and Recreation. Ms. Christine Simmons addressed the Council and said she is one of 22 new members of this year’s Chamber of Commerce Havasu Leadership Development Class. Ms. Simmons said their class community project this year will be to build an 8-foot by 16-foot wall on the Island near the walkway leading to the 9-11 Memorial plaques. She said the class will be selling ceramic tiles that will decorate the wall on both sides. She said one side of the wall will represent the U.S. Flag with red, blue, and white decorative tiles. She said the project completion and red ribbon cutting is scheduled for May of 2016. 6. CONSENT AGENDA 6.1 ID 15-0442 Approve the September 22, 2015, Regular City Council Meeting and October 6, 2015, City Council Special Meeting Minutes 6.2 ID 15-0416 Adopt Resolution No. 15-2990 Approving Subrecipient Agreement with the Arizona Department of Homeland Security for “SWAT Team Capability Enhancement” 6.3 ID 15-0435 Adopt Resolution No. 15-2992 Approving Commercial Lease No. 03-96271-00-002 with the Arizona State Land Department for Municipal Water Production Well No. 9 6.4 ID 15-0470 Adopt Resolution No. 15-3001 Ratifying the City Manager’s Execution of Modification No. 002 to the Bureau of Reclamation Assistance Agreement for the 2014 Water Conservation Program Implementation Project 6.5 ID 15-0436 Adopt Resolution No. 15-2993 Abandoning the Westerly 3-foot by 152.80-foot Portion of the 8-foot by 152.80-foot Public Utility and Drainage Easement Along the Eastern Property Line of Tract 2278, Block 14, Lot 2 / Mike Kettle 6.6 ID 15-0437 Adopt Resolution No. 15-2994 Abandoning the Northerly 10-foot by 17.50-foot Portion of the 10-foot by 50-foot Public Utility and Drainage Easement Along the Westerly Property Line of Tract 2168, Block 17, Lot 26 / Timothy Hoskins Lake Havasu City Page 3 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 6.7 ID 15-0438 Adopt Resolution No. 15-2995 Abandoning the Western 1-foot of the 6-foot by 80.59-foot Public Utility and Drainage Easement Along the Eastern Property Line of Tract 2241, Block 4, Lot 5, and the Eastern 1-foot of the 6-foot by 80.59-foot Public Utility and Drainage Easement Along the Western Property Line of Tract 2241, Block 4, Lot 6 / Michael and Gayleen Sharp; Richard and Linda Kroll 6.8 ID 15-0439 Adopt Resolution No. 15-2996 Abandoning the 4-foot by 38.55-foot Portion of the 10-foot by 133.21-foot Public Utility and Drainage Easement Along the Southerly Property Line of Tract 119A, Block 3, Lot 7 / Richard and Kathy Raasch 6.9 ID 15-0449 Adopt Resolution No. 15-2997 Abandoning the Northern 5-foot by 158-foot Portion of the 10-foot by 158-foot Public Utility and Drainage Easement Along the Southern Property Line of Tract 2220, Block 15, Lot 3 / Gary Leatherwood 6.10 ID 15-0450 Adopt Resolution No. 15-2999 Abandoning the Southern-most 5-feet of the 20-foot Storm Drainage Easement Along the Northern Property Line of Tract 2392, Block 1, Lot 3 / Quattro Lake Havasu 6.11 ID 15-0423 Ratify Addendum No.1 to Reclaimed Water User Agreement with Islander RV Resort Extending the Term of the Agreement for an Additional Five Years 6.12 ID 15-0426 Ratify Addendum No. 1 to Reclaimed Water User Agreement with Nautical Estates Extending the Term of the Agreement for an Additional Five Years 6.13 ID 15-0427 Ratify Addendum No. 1 to Reclaimed Water User Agreement with Lake Havasu Marina Extending the Term of the Agreement for an Additional Five Years 6.14 ID 15-0445 Approve Reclaimed Water User Agreement with Havasu Island Golf Course Company, LLC 6.15 ID 15-0432 Recommend Approval of a Special Event Liquor License Application for the Havasu Balloon Festival and Fair on January 14, 15, 16 & 17, 2016, at the Nautical Island Golf Club / Parrot 6.16 ID 15-0461 Recommend Approval of a Special Event Liquor License Application for the Highway 95 Speedway Race on Saturday, November 14, 2015, at 7260 SARA Park Way / Norona Lake Havasu City Page 4 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 6.17 ID 15-0462 Recommend Approval of a Special Event Liquor License Application for the Highway 95 Speedway Race on November 28, 2015, at 7260 SARA Park Way / Hughes 6.18 ID 15-0463 Recommend Approval of a Special Event Liquor License Application for the Highway 95 Speedway Race on November 7, 2015, at 7260 SARA Park Way / Hughes 6.19 ID 15-0441 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 5:00 p.m. Thursday, November 12, 2015 Councilmember Callahan moved to approve the Consent Agenda as presented, seconded by Councilmember Coke, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 15-0458 FY 2014-2015 4th Quarter Reports of Grant Agencies Mayor Nexsen advised that this item was for informational purposes only. 7.2 ID 15-0459 FY 2014-2015 4th Quarter Reports of Contracted Service Agencies Mayor Nexsen advised that this item was also for informational purposes only. 7.3 ID 15-0443 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. 7.4 ID 15-0440 City Manager's Report City Manager Charlie Cassens reported on the following: • League of Arizona Cities and Towns Youth Program Presentation given by Havasu Youth Advisory Council (HYAC) members: Mr. Garrett McNerny, Student Government Junior Class Vice-President, Ms. Stephanie Nelson, Student Government Junior Class President, and Ms. Tatum Bracamonte, Student Government Freshman Class President. • Quarterly Retiree Report • Code Enforcement Update. There are currently 36 active and open cases. Lake Havasu City Page 5 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 • Building Permits Update • London Bridge Days Parade and Main Street Association Annual Fright Night Event – McCulloch Boulevard street closure. • The next Coffee with the Mayor is scheduled for Friday, November 6, 2015, at Makai Café, located at 1425 McCulloch Boulevard North, from 7:30 a.m. to 9:00 a.m. • Annual Community Dinner will be held on Saturday, December 2, 2015, at the Community Center. • Special Events Update: o October 31, 2015 – London Bridge Days Parade from 10:00 a.m. to 12:00 p.m. o October 31, 2015 – Fright Night on McCulloch from 5:00 p.m. to 9:00 p.m. o October 31, 2015 – MCC block Party Under the Bridge from 11:00 a.m. to 4:00 p.m. o October 31, 2015 - Basic Wake and Skate in Thompson Bay, Rotary Park, and Skate Park from 10:00 a.m. to 9:00 p.m. o November 1, 2015 – Boy Scout Annual Pancake Breakfast Under the Bridge from 7:00 a.m. to 10:00 a.m. o November 3, 2015 – Ballet Under the Bridge from 3:00 p.m. to 7:00 p.m. o November 7, 2015 – Sean’s Potluck BBQ Fundraiser at Rotary Park, Ramadas A, 5 & 6, from 1:00 p.m. to 5:00 p.m. o November 7, 2015 – Annual Chillin ‘n Swillin Beer Festival at Rotary Park Ball Fields from 2:00 p.m. to 6:00 p.m. o November 12, 2015 – Street Scene Car Show on McCulloch from 3:00 p.m. to 9:30 p.m. 8. PUBLIC HEARINGS 8.1 ID 15-0433 Recommend Approval of a Special Event Liquor License Application for the Lake Havasu Area Chamber of Commerce Mixer on November 19, 2015, at 1650 Sailing Hawks Drive / Krueger Mr. Brian Allen, Special Events Coordinator, advised that Ms. Lisa Krueger has applied for a Special Event Liquor License Application for the Lake Havasu Area Chamber of Commerce Mixer at 1650 Sailing Hawks Drive, on November 19, 2015, from 5:00 p.m. to 7:00 p.m. Mr. Allen noted that proceeds from the event will go to the Lake Havasu Area Chamber of Commerce. He said all fees have been paid and no objections were received. Councilmember Coke recused herself from participating and voting on this item. 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 and Control approve a Special Event Liquor License for the Lake Havasu Area Chamber of Commerce Mixer on November 19, 2015 from 5:00 p.m. to 7:00 p.m. at 1650 Sailing Hawks Drive, seconded by Councilmember Callahan, and carried by the following vote: Lake Havasu City Page 6 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 Aye: 5 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan and Councilmember Sheehy Absent: 1 - Councilmember Lin Recused: 1 - Councilmember Coke 8.2 ID 15-0415 Series #12 Liquor License, Red Robin Gourmet Burgers & Brews / Lewkowitz Ms. Williams advised that Ms. Andrea Lewkowitz has applied for a Series #12 Restaurant Liquor License for Red Robin Gourmet Burgers & Brews, located at 70 Swanson Avenue. Ms. Williams noted that all posting requirements have been met, all fees have been paid, 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 Sheehy moved to recommend that the Arizona Department of Liquor Licenses and Control approve a Series #12 liquor license for Red Robin Burgers & Brews, 70 Swanson Avenue, seconded by Councilmember Coke, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.3 ID 15-0420 Series #12 Liquor License, MI Burrito, 790 Lake Havasu Avenue North, #25 / Chavarin Ms. Williams advised that Mr. Miguel Chavarin has applied for a Series #12 Restaurant Liquor License for MI Burrito, located at 790 Lake Havasu Avenue North, #25. Ms. Williams noted that all posting requirements have been met, all fees have been paid, 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 MI Burrito, 790 Lake Havasu Avenue North, #25, seconded by Councilmember Barlow, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Lake Havasu City Page 7 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 Absent: 1 - Councilmember Lin 8.4 ID 15-0448 Series #12 Liquor License, OUTLAW Brewery & Tasting Room, 1600 Acoma Boulevard West, Unit 47/Lawless Ms. Williams advised that Mr. Shawn Lawless has applied for a Series #12 Restaurant Liquor License for OUTLAW Brewery & Tasting Room, located at 1600 Acoma Boulevard West, Unit 47. Ms. Williams noted that all posting requirements have been met, all fees have been paid, and no objections were received. She added that the location is properly zoned for a restaurant liquor license. 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 #12 liquor license for OUTLAW Brewery & Tasting Room, 1600 Acoma Boulevard West, Unit 47, seconded by Councilmember Sheehy, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.5 ID 15-0417 Adopt Resolution No. 15-2989 Appointing Member(s) to the Airport Advisory Board Ms. Williams advised that the City Clerk’s Office received one application requesting consideration for appointment as a pilot member on the Airport Advisory Board. She noted that the appointment is necessary to fill one vacancy created by the expired term of one regular pilot member with a term to expire on June 30, 2018. Mr. Shannon Stebbens addressed the Council and said he has been a licensed pilot since 1972 and graduated from the United States (U.S.) Army Flight School in 1974 and earned a living until his retirement as a commercial pilot. He said during his tenure in the U.S. Army he attended Federal Aviation Administration (FAA) accident investigation and safety courses, as well as Arizona State University (ASU) accident investigation courses. Mr. Stebbens said post-military he became an airline pilot and worked his way into management where he managed the international operation of a major charter airline and became the chief pilot. He said during that tenure a large portion of his duties were interacting with the FAA. Mr. Stebbens said he is interested in serving on the Airport Advisory Board because he has many years of experience in aviation, both military and civil, and his goal is to ensure the continued fiscal viability of the airport by maximizing FAA and government funding, and minimizing the impact on the City budget while maximizing the benefits to the community. Lake Havasu City Page 8 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 Mayor Nexsen thanked Mr. Stebbens for his service. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to adopt Resolution No. 15-2989 appointing Mr. Shannon Stebbens as a regular pilot member to the Airport Advisory Board with a term to expire on June 30, 2018, seconded by Councilmember Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.6 ID 15-0431 Adopt Resolution No. 15-2991 Appointing Member(s) to the Planning and Zoning Commission Ms. Williams advised that the City Clerk’s Office received one application requesting consideration for appointment as an alternate member on the Planning & Zoning Commission. She noted that the appointment is necessary to fill an alternate member vacancy with a term to expire on June 30, 2018. Ms. Williams added that the applicant, Mr. John Kendig, was in attendance to make a brief presentation and answer any questions from the Council. Mr. John Kendig addressed the Council and said he moved here 48 years ago and was the 10th teacher hired in Lake Havasu City. He said he has a rich history of Lake Havasu City and would appreciate the opportunity to serve again on the Planning & Zoning Commission. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to adopt Resolution No. 15-2991 appointing Mr. John W. Kendig as an alternate member of the Planning and Zoning Commission with a term to expire on June 30, 2018, seconded by Councilmember Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.7 ID 15-0457 Adopt Ordinance No. 15-1139 Amending Lake Havasu City Code Section 11.06.330 to Clarify No Launching of Motorized Watercraft and to Prohibit Overnight Mooring in City Parks Lake Havasu City Page 9 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 Aquatic/Recreation Manager Dan Keyes addressed the Council and said this ordinance was introduced on September 22, 2015, and is before the Council again for final adoption to amend City Code Section 11.06.330, clarifying no launching of motorized watercraft and prohibiting overnight mooring in City parks. He stated that the amendment also allows for a person or organization to launch motorized watercraft in City parks with written permission from the City. Councilmember Sheehy asked if trailer parking has become an issue in the parks, to which Mr. Keyes said he visits the parks regularly to monitor the activity during early morning hours and busy hours to gauge if there is an issue, and said, in his opinion, there is not an issue at this time. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to adopt Ordinance No. 15-1139 amending Lake Havasu City Code Section 11.06.330 to clarify no launching of motorized watercraft and prohibit overnight mooring in City parks, seconded by Councilmember Brister, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.8 ID 15-0465 Adopt Resolution No. 15-3000 Supporting the Vision 20/20 Plan of the America’s Best Communities Quarter-Finalist Application to Revive the Local Economy and Improve the Quality of Life for the Citizens of Lake Havasu City Mr. Cassens said before the Council is a resolution that expresses the City Council’s support for the City participating as a stakeholder in the Vision 20/20 Plan, which is an economic development plan that is part of the American’s Best Communities Competition (ABC). He said the City is currently one of the quarter finalists, and added that the consultants who have been engaged in preparing the economic development plan have asked for letters of support or commitment from each of the stakeholders. Mayor Nexsen stated that the Vision 20/20 Plan (Plan) is the product of a lot of work and has had a very high level of community engagement. He added that the Plan is a “roadmap” on how the city can provide for all the facets of economic development in Lake Havasu City over the next 5 to 20 years. He said the first place winner of the competition will receive $3 million. Mayor Nexsen recognized the ABC team members and added that this was originally spearheaded by Mr. Doug Traub from the Convention and Visitors Bureau. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Lake Havasu City Page 10 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 Mayor Nexsen added that on December 15, 2015, at 6:00 p.m., at the Lake Havasu High School Performing Arts Center, the ABC team will be presenting the details and contents of the Plan. Councilmember Brister moved to adopt Resolution No. 15-3000 supporting the Vision 20/20 Plan devised through the America’s Best Communities competition to revive the local economy and improve the quality of life for the citizens of Lake Havasu City, seconded by Councilmember Barlow, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.9 ID 15-0460 Addendum No. 5 to the Lake Havasu Municipal Airport Fixed Base Operator Lease with Desert Skies Executive Air, L.L.C., Site 4 for Water Main Realignment and Sewer Lateral Responsibilities Community Services Director/City Engineer Greg Froslie advised that Mr. Mike Harrah with Desert Skies Executive Air submitted construction plans for two hangars at the Airport. He said during the plan review process, staff identified conflicts with two existing utilities; a water main and sewer lateral. Mr. Froslie said rather than reconfigure or relocate his buildings, Mr. Harrah offered to take the responsibility for all costs associated with realignment of those utilities as well as all future repair and maintenance costs. He said this addendum transfers the responsibilities to Desert Skies Executive Air. Mayor Nexsen noted that there was a typographical error on Page 2, under Section 8.10.02. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to approve Addendum No. 5 to the Lake Havasu Municipal Airport Fixed Base Operator Lease with Desert Skies Executive Air, L.L.C., Site 4 for Water Main Realignment and Sewer Lateral Responsibilities, seconded by Councilmember Barlow, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.10 ID 15-0434 Approve Agreement for The Compliance Engine Solution to Facilitate Third Party Fire Inspections with Brycer, LLC Fire Division Chief Scott Hartman advised that the item before the Council is an agreement with Lake Havasu City Page 11 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 The Compliance Engine, an internet based company that tracks inspections. He said The Compliance Engine works with fire departments across the Country and began about five years ago during the economic downturn. He said there are inspections required by the Fire Code, mainly safety inspections, that are required to be done on an annual or bi-annual basis. Mr. Hartman said The Compliance Engine tracks those inspections and sends out notifications when inspections are due and added that they work directly with the service providers that perform the inspections. Councilmember Barlow asked about the $10 fee that is charged, to which Mr. Hartman replied that there is no direct fee charged to the City. He said the $10 fee is charged by The Compliance Engine to the service provider, which is then passed to the individual or business. Councilmember Barlow asked if the service fee could be increased, to which Mr. Hartman said the agreement is for three years and nothing in the agreement can be changed during that timeframe; however, he noted that if the fees were to increase the City does have the ability to discontinue its use. Councilmember Callahan asked if hood suppression systems are inspected, to which Mr. Hartman replied yes and explained that they are required by the Fire Code to be serviced every six months. Mr. Hartman further explained that The Compliance Engine does not provide the service. He said many of the service providers in town are also doing inspections in other areas that are also utilizing The Compliance Engine; therefore, the only difference now is that they would be uploading Lake Havasu City’s data as well. Mr. Hartman noted that the data would still belong to the City. Councilmember Callahan asked if the City is currently tracking inspections in-house, to which Mr. Hartman said yes but the City is not tracking the inspections as effectively as The Compliance Engine. He said the City’s program is outdated and cannot query any data. Councilmember Sheehy asked if the City would retain the data after the agreement ended, to which Mr. Hartman replied yes. Councilmember Sheehly asked what kind of impact the City anticipated from the first batch of inspection letters, to which Mr. Hartman said the inspections are not all done at the same time and letters would be sent out when they are due for inspection; therefore, there should not be an inundation of letters going out all at once. Councilmember Sheehy expressed concern that this was shifting the burden to the businesses and that the more services the company can provide the more money they make, to which Mr. Hartman said that the services are driven by the Fire Code which is very specific in the inspections that are required and the company cannot change the Fire Code or require more inspections. He added that he will see copies of the inspection forms and copies of the deficiencies, which he has the authority to prioritize those deficiencies. Lake Havasu City Page 12 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Mayor Nexsen said it appeared that nothing really was changing. He noted that the service providers would still be providing the service, but now there is an additional $10 fee charged to pay for the software to track it. Mr. Hartman said that was correct, and added that businesses will not need to change their service provider. He further added that the City has been able to monitor other jurisdictions who have been utilizing The Compliance Engine and they have all reported that it is working exceptionally well. Councilmember Callahan moved to approve the Agreement for The Compliance Engine with Brycer, LLC, seconded by Councilmember Brister, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.11 ID 15-0454 Approve Sole Source Purchase of Two LIFEPAK 15 Units from Physio-Control, Inc. Fire Chief Dennis Mueller advised that this item is requesting approval of a sole source purchase for two LIFEPAK 15 units to replace two existing, outdated, LIFEPAK 12 units. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Sheehy moved to approve the sole source purchase of two LIFEPAK 15 units from Physio-Control, Inc. in an amount not to exceed $54,000, seconded by Councilmember Brister, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.12 ID 15-0456 Approve Sole Source Purchase of Badger Water Meters from National Meter & Automation, Inc. Water Division Manager Chuck Michalski stated that this is an annual item for the purchase of Badger Water Meters through a sole source purchase from National Meter & Automation, Inc. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Lake Havasu City Page 13 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 In response to Councilmember Callahan’s question, Mr. Michalski said the quote provided is the unit cost and the City orders as needed. Councilmember Barlow moved to approve the sole source purchase of Badger Meters from National Meter & Automation, Inc., seconded by Councilmember Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.13 ID 15-0405 Award Bids for Water Distribution System Annual Parts Supply to Arizona Water Works, Peoria Winnelson Co., HD Supply WaterWorks, and Dana Kepner Co. (ITB No. B16-WTR01) Mr. Michalski advised that this is another annual item for water distribution system parts, and added that through the bidding process the following companies listed were the low bidders for the various parts needed throughout the year. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to award bids for the Water Distribution System Annual Parts Supply to Arizona Water Works, Peoria Winnelson Co., HD Supply WaterWorks, and Dana Kepner Co., seconded by Councilmember Brister, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.14 ID 15-0453 Approve Cooperative Purchase Agreement for One 2017 Freightliner (12 Yard) Dump Truck with Freightliner of Arizona Maintenance Services Division Manager Mark Clark said the item before the Council is the replacement of an existing dump truck at the Wastewater Division utilizing a cooperative purchase agreement. Mayor Nexsen asked when the current dump truck would be placed at auction, to which Mr. Clark responded that it would be placed at online auction as soon as possible. There was discussion regarding the Vehicle Replacement Program and the point’s evaluation process. Lake Havasu City Page 14 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to approve a Cooperative Purchase Agreement for one 2017 Ford Freightliner Dump truck with Freightliner of Arizona, seconded by Councilmember Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.15 ID 15-0446 Approve Cooperative Purchase Agreement for Three 2016 Ford F150 and Two F250 Pickup Trucks with Chapman Ford Mr. Clark advised that this item is requesting approval to purchase three F150 and two F250 pickup trucks from Chapman Ford. He said staff provided the point evaluation criterion; however, he noted that the point system is really just the first step in the review process. Mayor Nexsen asked if the City was disposing of the old trucks, to which Mr. Clark replied yes. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to approve a Cooperative Purchase Agreement for three 2016 Ford F150 and two F250 pickup trucks with Chapman Ford, seconded by Councilmember Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.16 ID 15-0451 Award Bid for Three 2016 Ford Fusions to Peoria Ford (ITB No. VR16-001) Mr. Clark advised that this bid was sent out locally and the low bidder was Peoria Ford. He noted that Peoria’s bid was approximately $700 less than the cooperative state bid. Mr. Clark further noted that one of the three Ford Fusions is an addition to the fleet for the Special Events Coordinator, and the other two vehicles will replace a Crown Victoria at the Police Department and a 15-seat Passenger Van at the Court. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan asked if the local companies were not able to compete with these prices, Lake Havasu City Page 15 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 to which Mr. Clark said local companies have responded in the past and have been awarded bids very similar to this one; however, he is not certain why local companies did not respond to this bid. Councilmember Callahan moved to award bid for three 2016 Ford Fusions to Peoria Ford (ITB No. VR16-001), seconded by Councilmember Brister, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.17 ID 15-0452 Award Bid for Three 2016 Ford Utility Police Interceptors to Peoria Ford (ITB No. VR16-002) Mr. Clark stated that this item also went out to bid in a process similar to the previous item, and resulted in Peoria Ford as the low bidder. Mr. Clark noted that the bid itself is not the total cost for the vehicles because the City will still need to outfit the vehicles for the Police Department. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Sheehy asked if these would replace the last of the Chevy Tahoes at the Police Department, to which Mr. Clark responded yes. Councilmember Brister moved to award the bid for three 2016 Ford Utility Interceptors to Peoria Ford (ITB No. VR16-002), seconded by Councilmember Barlow, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.18 ID 15-0444 Award Bid for FY 2015-16 Crack Seal Program to Cactus Asphalt (Project No. SM313N) Mr. Clark advised that this item is for the actual labor and traffic control portion of the City’s annual crack seal program. Mr. Clark noted that the materials for the crack seal were purchased earlier on a contract. He added that contracting the work has proven to be very cost effective and efficient, and has allowed the City to reallocate staff resources in the Maintenance Services Division. Mr. Clark added that approximately 100 lane miles are scheduled for crack seal. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to award the bid for FY 2015-16 Crack Seal Lake Havasu City Page 16 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 Program to Cactus Asphalt, seconded by Councilmember Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.19 ID 15-0447 Award Agreement for Engineering Services for Water System Improvements to Atkins North America, Inc. Project Manager Rich Wells advised that this item is to award a comprehensive agreement with Atkins North America, Inc. to provide engineering services for a variety of projects. Mr. Wells provided the Council with some background information on the Request for Statements of Interest and Qualification (RFQ) solicitation and selection process. Mr. Wells listed the engineering tasks as follows: • Water Main Design (approximately 4 miles) • Water Treatment Plant Process Enclosures Design • Water Booster Station 1B Construction Management • Storage Tank & Booster Station Program o Tank 2A Replacement/Roof Repair o Design & Construction Documents o Inventory of Condition & Needs for all Tank/Booster Station Sites o Prioritization of Projects • GIS – update water system for better asset management • Hydraulic Modeling • Technical Support Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Sheehy questioned why the City is using an outside service for all of the items, to which Mr. Wells answered that the City does not have the staffing to perform these services in-house. Councilmember Sheehy asked who represented the committee in the selection process, to which Mr. Wells said the committee was comprised of engineering staff, the Water Division Manager, Water Division Field Supervisor, and also Mr. Clark, who also has a background in engineering. Councilmember Sheehy asked how the fees in an RFQ are negotiated, to which Mr. Wells replied that the fees are negotiated based upon the scope of work that is provided. Mr. Wells explained that there are guidelines and percentages that are used; however, there are also technical aspects that are Lake Havasu City Page 17 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 taken into consideration as some projects are not as time and labor intensive as others. He noted that projects vary depending on the complexity, and said they are estimating what the construction costs may be ahead of the design, and by the time they get through the design there may be additions to the project that drive up the cost, which allows the City to take advantage of the consultant because the City will not pay them additional money. Councilmember Sheehy said on the fees and conditions of the agreement, Items 6 and 7 are listed as-needed. He asked if those are billed at a certain hour, to which Mr. Wells replied yes. Councilmember Sheehy asked if the City will only use the number of hours that are needed, to which Mr. Wells replied yes. City Attorney Kelly Garry stated that typically with these types of agreements the City has a list of items to be done within a certain timeframe, so the consultant will give an estimate of what they will charge for those services; however, the City only uses the services on an as-needed basis and pays for the services as they are completed. She added that there is no guarantee that the consultant will actually receive all the fees that have been reserved. Ms. Garry further stated that for a low bid, the City must select the low bidder; but with qualifications, it is based on the need of the professional needs and services and then the fees are negotiated. Councilmember Callahan moved to award the Agreement for Engineering Services for Water System Improvements to Atkins North America, Inc. in an amount not to exceed $1,177,743.00, seconded by Councilmember Brister, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.20 ID 15-0430 Award Bid for the Water Booster Station 1B Replacement, Project No. WT6060, to Currier Construction Mr. Wells provided the Council with some background information on the Water Booster Station 1B Replacement Project. He said the station is located on Anacapa Place and is approximately 40-years old. He added that the station is at the end of its useful life, is under capacity, has no backup power to the site, and has relatively high maintenance costs. Mr. Wells noted that the low bidder was Currier Construction, Inc. He listed the major site improvements as follows: • 9000 GPM Pump Station • Cathodic Protection • Emergency Generator • Electrical Building Lake Havasu City Page 18 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 • Electrical Service • Shade Structure & Sound Wall • Site Grading and Drainage Work • Tank Foundation Repairs • Fencing • Demo of Existing Pump Station There was discussion regarding the project timeframe and the impact to the surrounding residential properties. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to award the bid for the Water Booster Station 1B Replacement, Project No. WT6060, to Currier Construction in the amount not to exceed $2,231,375.00, seconded by Councilmember Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 9. CURRENT EVENTS Councilmember Brister announced that the Chamber of Commerce will be celebrating their 45th Birthday BBQ at the Springberg-McAndrew property on Wednesday, October 28th, from 4:00 p.m. to 7:00 p.m. 10. FUTURE MEETINGS Tuesday, November 10, 2015 @ 6:00 p.m. – Regular Meeting - CANCELED Thursday, November 12, 2015 @ 6:00 p.m. – Regular Meeting Tuesday, November 24, 2015 @ 6:00 p.m. – Regular Meeting 11. FUTURE AGENDA ITEMS There were no requests for future agenda items. 12. ADJOURN Upon motion by Councilmember Brister and seconded, the meeting adjourned at 7:51 p.m. Lake Havasu City Page 19 Printed on 11/13/2015 City Council Minutes - Final October 27, 2015 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 27th day of October, 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 20 Printed on 11/13/2015