City Council

Mayor Mark S. Nexsen Lake Havasu City Vice Mayor Don Callahan Police Facility Councilmember Dean Barlow 2360 McCulloch Blvd North Councilmember Donna Lake Havasu City, Arizona 86403 Brister-McCoy www.lhcaz.gov Councilmember Jeni Coke Councilmember Michele Lin Councilmember Cal Sheehy City Council Regular Meeting Minutes - Final Tuesday, April 12, 2016 6:00 PM 1. CALL TO ORDER Mayor Nexsen called the meeting to order at 6:00 p.m. 2. INVOCATION: Pastor Kay Zimmerman, City On A Hill International Church Pastor Kay Zimmerman with City on a Hill International Church gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL Present: 6- Mayor Mark S. Nexsen, Councilmember Dean Barlow, Councilmember Donna Brister-McCoy, Vice Mayor Don Callahan, Councilmember Jeni Coke and Councilmember Michele Lin Absent: 1- Councilmember Cal Sheehy 5. CALL TO THE PUBLIC Mr. Larry Chase addressed the Council representing the C.L.E.A.N. and Sober Program. Mr. Chase noted that C.L.E.A.N. stands for Coordinating Lake Havasu’s Efforts Against Narcotics, and added that they are trying to develop an inpatient program for treatment. Mr. Chase said he was before the Council to coordinate Red Ribbon Week, recognized as an annual event nationally. He said that last year’s slogan for Red Ribbon Week was “Respect Yourself, Live Drug Free,” and announced that October 23rd through 31st this year has been designated as Drug Prevention Week. Pastor Kay Zimmerman addressed the Council and announced that the National Day of Prayer will be held on May 5, 2016, from 8:00 a.m. to 9:00 a.m., in front of the Lake Havasu City Police Department building. She encouraged everyone to attend. 6. CONSENT AGENDA 6.1 ID 16-0665 Approve the March 22, 2016, City Council Regular Meeting Minutes 6.2 ID 16-0660 Adopt Resolution No. 16-3039 Approving Lake Havasu City Consolidated Court Lease Agreement with Mohave County for Fiscal Year 2016-2017 Lake Havasu City Page 1 Printed on 4/27/2016 City Council Minutes - Final April 12, 2016 6.3 ID 16-0661 Adopt Resolution No. 16-3037 Approving an Intergovernmental Agreement with the Mohave County Flood Control District for Flood Control Funding 6.4 ID 16-0651 Adopt Resolution No. 16-3035 Authorizing the City Manager to Execute an Intergovernmental Agreement with the Lake Havasu Unified School District No. 1 for a 2016 Arbor Day Event 6.5 ID 16-0676 Approve Agreements for Message and Content Archiving Services for Social Media Content with SMARSH INC. 6.6 ID 16-0664 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 5:00 p.m. Tuesday, April 26, 2016 Councilmember Coke moved to approve the Consent Agenda as presented, seconded by Councilmember Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Lin Absent: 1 - Councilmember Sheehy 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 16-0662 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 16-0663 City Manager's Report Mayor Nexsen presented a proclamation for “Week of the Young Child in Lake Havasu City.” Ms. Erin Taylor announced Ms. Margie Cheiffo as this year's winner of the 2016 Champion for Young Children Award. She added that Ms. Cheiffo was nominated by Ms. Marie Hendrey, Director of the Lake Havasu Little Knights Preschool. She read Ms. Hendrey’s nomination letter into the record, “Margie has in her heart and spirit what is in the best interest of children. Reaching out to the adults who work with our children to appropriately nurture the final stages of brain development is what drives Margie’s work and all those who work with her to keep our passion for children in the forefront.” City Manager Charlie Cassens reported on the following: Lake Havasu City Page 2 Printed on 4/27/2016 City Council Minutes - Final April 12, 2016 • Code Enforcement Updates. There are currently 54 active and open cases. • Building Permit Updates. • Special Event Updates: o April 16, 2016 – U.S. Freestyle Championship – West Coast Round at Rotary Park and Thompson Bay from 1:00 p.m. to 6:00 p.m. o April 16, 2016 – Bark for Life event at London Bridge Beach from 8:30 a.m. to 11:00 a.m. o April 16, 2016 – Marine Corps League Family Picnic at the SARA Park Rodeo Grounds from 10:00 a.m. to 4:00 p.m. o April 23, 2016 – Marine Corps League Memorial at Wheeler Park from 10:00 a.m. to 11:00 a.m. o April 23, 2016 - Aquamoto Global Grand Prix Championship at Rotary Park and Thompson Bay from 8:00 a.m. to 5:00 p.m. 8. PUBLIC HEARINGS 8.1 ID 16-0632 Series #09 Liquor License, Albertson’s #3204, 1980 McCulloch Boulevard North/Guttilla Ms. Williams advised that Nicolas Carl Guttilla applied for a Series #09 Liquor Store Liquor License for Alberton’s #3204, located at 1980 McCulloch Boulevard North. She noted that all posting requirements were met, all fees were 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 Barlow moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #09 liquor license for Albertson’s #3204, 1980 McCulloch Boulevard North, seconded by Councilmember Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Lin Absent: 1 - Councilmember Sheehy 8.2 ID 16-0630 Series #07 Liquor License, OUTLAW Brewery & Tasting Room, 1600 Acoma Boulevard West, Unit 47/Lawless Ms. Williams advised that Shawn Patrick Lawless applied for a Series #07 Beer and Wine Bar Liquor License for OUTLAW Brewery & Tasting Room, located at 1600 Acoma Boulevard West, Unit 47. Ms. Williams noted that all posting requirements were met, all fees were paid, and no objections were received. She added that the location is properly zoned for a Series #07 liquor license. Lake Havasu City Page 3 Printed on 4/27/2016 City Council Minutes - Final April 12, 2016 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 OUTLAW Brewery & Tasting Room, 1600 Acoma Boulevard West, Unit 47, seconded by Councilmember Lin, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Lin Absent: 1 - Councilmember Sheehy 8.3 ID 16-0654 Introduce Ordinance No. 16-1146 Amending Lake Havasu City Code Chapter 2.04, Article VI, Rules of Order, to Add a New Section 2.04.461, Establishing Remote Conferencing Procedures for Attendance at Public Meetings City Attorney Kelly Garry advised that the item before Council is to introduce an ordinance containing the City’s policy and procedures for remote conferencing at public hearings and meetings. She said the City has been doing remote conferencing for a while now and it is recommended by the Attorney General’s Office to also have the policy and procedures in writing; therefore, staff has taken the policy and procedures and placed it into the City Code. Ms. Garry noted that this will be applicable to the City Council and all City boards, commissions, and committees. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Brister-McCoy moved to introduce Ordinance No. 16-1146 amending Chapter 2.04 of the Lake Havasu City Code by adding a new Section 2.04.461, establishing remote conferencing procedures for attendance at public meetings, seconded by Councilmember Barlow, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Lin Absent: 1 - Councilmember Sheehy 8.4 ID 16-0666 Adopt Ordinance No. 16-1147 Approving a Request to Rezone Tract 2316, Block 3, Lot 4, 2811 Edgewood Drive, from RE, Residential Estates District to R-1, Single-Family Residential Senior Planner Stuart Schmeling advised that the property is located on Edgewood Drive and added that the applicant has requested the property be rezoned from RE, Residential Estates Lake Havasu City Page 4 Printed on 4/27/2016 City Council Minutes - Final April 12, 2016 District, to R-1, Single-Family Residential. He explained that the only differences between the RE and R-1, is that RE allows for two-story versus one-story buildings in the R-1, and RE allows for 10 foot versus 5 foot side yard setbacks. Mr. Schmeling added that the applicant intends to build a single-family home, which happens to be wider than what the 10 foot side yard setbacks will allow. Mayor Nexsen said for clarification the applicant does not want to build a two-story building on the property, to which Mr. Schmeling said that was correct. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to adopt Ordinance No. 16-1147 rezoning Tract 2316, Block 3, Lot 4, 2811 Edgewood Drive, from RE, Residential Estates District, to R-1, Single-Family District, seconded by Councilmember Brister-McCoy, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Lin Absent: 1 - Councilmember Sheehy 8.5 ID 16-0659 Adopt Resolution No. 16-3029 Declaring as a Public Record the “Lake Havasu City Code Chapter 5.20 Vacation Rentals” Dated April 12, 2016 Community Investment Director Greg Froslie said the resolution before Council is to declare the new code language a public record. Ms. Garry advised that if the Council wanted to have discussion or make further changes to the document it would be appropriate to do so during this item. Councilmember Lin said she received many phone calls from concerned vacation rental home owners asking what protections they have from neighbors that continuously report or harass them because they do not want a vacation rental there, to which Mr. Froslie explained that the City Code protects the owners from receiving a violation without a valid compliant. Councilmember Lin asked what stops a neighbor from calling an owner repeatedly in the early mornings, to which Mayor Nexsen said if a person received repeated early morning calls without a valid compliant then they would contact the police to handle the issue. Mr. Froslie said it would then become a harassment issue versus a code enforcement issue. Mayor Nexsen opened the public hearing. Ms. Patti Mentch, with Copper Canyon Realty and Chairperson of the Property Management Group, addressed the Council and asked if there were further language changes after the last meeting. Mayor Nexsen replied that the Council made suggestive changes at the last meeting Lake Havasu City Page 5 Printed on 4/27/2016 City Council Minutes - Final April 12, 2016 which have been incorporated into this ordinance. Ms. Garry added that staff made a few minor housekeeping changes as well, but nothing substantive. There being no further comments, he closed the public hearing. Councilmember Brister-McCoy moved to adopt Resolution No. 16-3029 declaring as a public record the “Lake Havasu City Code Chapter 5.20 Vacation Rentals” dated April 12, 2016, seconded by Councilmember Coke, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Lin Absent: 1 - Councilmember Sheehy 8.6 ID 16-0656 Adopt Ordinance No. 16-1142 Amending Title 5 of the Lake Havasu City Code to Add a New Chapter 5.20, Vacation Rentals Mr. Froslie said staff recommends the Council adopt Ordinance No. 16-1142 adding Chapter 5.20, Vacation Rentals, to the City Code. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Mr. Cassens said an article in the newspaper stated that vacation rental owners would have 30 days to register, which is not correct. He clarified that the ordinance would go into effect 30 days after adopted, and over that time, City staff will start developing the application process. Mayor Nexsen noted that there is a bill currently moving through the legislature that may have an effect on this ordinance. He explained that the legislature is making it so that cities and towns cannot prohibit a vacation rental, which is not what the City Council has wanted to do from the beginning, but there are other minor items in the bill that the City may need to make minor adjustments to. Councilmember Callahan moved to adopt Ordinance No. 16-1142 amending Title 5 of the Lake Havasu City Code by adding a new Chapter 5.20, Vacation Rentals, seconded by Councilmember Barlow, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Lin Absent: 1 - Councilmember Sheehy 8.7 ID 16-0674 Award Agreement for Engineering Services for the London Bridge to HDR Engineering, Inc. Lake Havasu City Page 6 Printed on 4/27/2016 City Council Minutes - Final April 12, 2016 Engineering Division Manager Jeremy Abbott advised that before the Council is a scope for the design effort which includes some items that were identified in the HDR report completed in 2011. He added that this is a continuation of maintenance items that were identified in the report which focused on the Island abutment, deck joints, sealing of the bridge, and replacement of the original access door. Mr. Abbott said last year the City installed a second entrance on the mainland side and made repairs to the mainland abutment. Mr. Abbott provided photos of the Island abutment repair, deck joints, drains, door replacement, and mainland abutment photos from last year. Mayor Nexsen asked if replacing the joints would require traffic to be closed on the bridge, to which Mr. Abbott said he was uncertain whether the bridge would need to be completely closed down, but added that it may be possible for the joints to be done on one side at a time. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to award the agreement for engineering services for the London Bridge to HDR Engineering, Inc. in an amount not to exceed $77,113, seconded by Councilmember Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Lin Absent: 1 - Councilmember Sheehy 8.8 ID 16-0675 Approve Change Order No. 1 for the Mulberry Effluent Basin Expansion with Technology Construction, Inc Mr. Abbott advised that the item before Council is a change order for the Mulberry Effluent Basin Expansion Project. He said the main focus is on the comingling pond at the Mulberry Treatment Plant to remove 40 years of sludge and sediment, and an old liner, to gain more usable volume out of the comingling pond for effluent water. He explained that the pond stores reclaimed water throughout the day and is pumped at night to provide effluent irrigation. Mr. Abbott said the Mulberry Effluent Basin Expansion is on schedule with a completion date in June 2016. He added that the project is identified as the City’s Water Infrastructure Financing Authority (WIFA) project, and is comprised of two parts: 1) effluent, and 2) south in-take. Mr. Abbott noted that the City opened bids on the south in-take last week and currently there is a net budget savings of $140,000. He added that the change order totals $354,046.60 and pays for the additional 72.38 tonnage of dry sludge using a dredge and belt-press process. He said the City renegotiated the fee for the remaining tonnage that needed to be removed at a much lower cost. Mr. Abbott provided the following statistics: • Original Pond Capacity – 1,500,000 Gallons • Estimated Available Storage – 850,000 Gallons Lake Havasu City Page 7 Printed on 4/27/2016 City Council Minutes - Final April 12, 2016 • Confirmed Final Capacity – 2,000,000 Gallons • Additional 0.5 million gallons provides for a total 60 percent increase to the available storage • Overall cost per gallon of storage reduced by 25 cents/gallon Councilmember Barlow asked if the liner is being replaced, to which Mr. Abbott said yes. He noted that the liner compared to the sludge removal is fairly inexpensive as most of the cost is in the sludge removal. Councilmember Brister-McCoy asked where the sludge is taken, to which Mr. Abbott replied that the sludge, which does not contain any hazardous materials, is hauled to the landfill. Mr. Cassens added that the sludge is not sewage, just 50 years of mud and buildup. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to approve Change Order No. 1 for the Mulberry Effluent Basin Expansion Project to Technology Construction, Inc., in an amount not to exceed $354,046.60, seconded by Councilmember Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Lin Absent: 1 - Councilmember Sheehy 9. CURRENT EVENTS Councilmember Brister-McCoy reported that the Vietnam Veterans Commemorative Partnership Breakfast on March 29, 2016, was a great success and thanked all the volunteers and organizations that contributed. She also reported that the Western Arizona Council of Governments (WACOG) for the Mohave County Advisory Council has available funding for caregiver services. She said anyone interested in applying can contact WACOG at (800) 782-1886. 10. CALL TO THE PUBLIC There were no requests to address the Council. 11. FUTURE MEETINGS Tuesday, April 26, 2016 @ 6:00 p.m. – Regular Meeting Wednesday, May 4, 2016 @ 9:30 a.m. – CIP Work Session & Budget Overview/Budget Work Session Lake Havasu City Page 8 Printed on 4/27/2016 City Council Minutes - Final April 12, 2016 12. FUTURE AGENDA ITEMS There were no future agenda items. 13. ADJOURN Upon motion by Councilmember Barlow and seconded, the meeting adjourned at 6:46 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 12th day of April, 2016. 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 9 Printed on 4/27/2016