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City Council

Regular Meeting

Lake Havasu City, AZ · October 11, 2016

AgendaMinutes

Minutes

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, October 11, 2016 6:00 PM 1. CALL TO ORDER Mayor Nexsen called the meeting to order at 6:00 p.m. 2. INVOCATION: Pastor Ryan Speakman, Living Word Family Church Pastor Ryan Speakman with Living Word Family 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, Councilmember Donna Brister-McCoy, Vice Mayor Don Callahan, Councilmember Jeni Coke and Councilmember Cal Sheehy Absent: 1- Councilmember Michele Lin 5. CALL TO THE PUBLIC There were no requests to address the Council. 6. CONSENT AGENDA 6.1 ID 16-0936 Approve the September 27, 2016, City Council Regular Meeting Minutes 6.2 ID 16-0929 Reaffirm Adoption of Resolution No. 16-3038 Approving Addendum to Existing Intergovernmental Agreement between the Arizona Department of Housing, Office of Manufactured Housing, and Mohave County to Enforce Installation Standards for Commercial and Residential Factory Built Buildings in Lake Havasu City 6.3 ID 16-0921 Approve and Authorize the City Manager to Execute Escrow Documents for the Sale of City Owned Tract 2302, Block 8, Parcel “L” located on Pinion Tree Drive Lake Havasu City Page 1 Printed on 10/26/2016 City Council Minutes - Final October 11, 2016 6.4 ID 16-0926 Adopt Resolution No. 16-3095 Abandoning the Entire 10-Foot by 100.14-Foot Public Utility and Drainage Easement Along the Southeasterly Property Line of Tract 136, Block 7, Lot 31/ John McDonald 6.5 ID 16-0944 Recommend Approval of a Special Event Liquor License Application for the Social Services Interagency Council of Lake Havasu City Fundraiser on November 11, 2016, at 1425 McCulloch Boulevard / Eigenbrodt 6.6 ID 16-0935 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, October 25, 2016 Vice Mayor 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, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 16-0933 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 16-0934 City Manager's Report City Manager Charlie Cassens reported on the following: • General Plan publicity pamphlet and text of the ballot have been mailed and are also available on the City’s website. • London Bridge Beach lighting and public Wi-Fi presentation. • Human Resources Retirement Announcement. Timothy Hodge, 12 years of service Larry Grzesiowski, 15 years of service Brian Irwin, 34 years of service Dennis Mueller, 35 years of service Stephanie Faller, 22 years of service Paul Smith, 14 years of service Roger Jessup, 17 years of service Robert Harry, 25 years of service Duane Thornton, 24 years of service Lake Havasu City Page 2 Printed on 10/26/2016 City Council Minutes - Final October 11, 2016 Diane Myles, 10 years of service • Code Enforcement Updates. There are currently 22 active and open cases. • Building Permit Updates. • Special Event Updates: o October 14th & 15th – The Monster Bash Charity Poker Run in the Bridgewater Channel and at the Nautical Inn from 9:00 a.m. to 10:00 p.m. o October 15th – The 9th Annual Bridgewater Channel Underwater Cleanup in the Bridgewater Channel from 7:00 a.m. to 11:00 a.m. o October 15th – The Austin Bantam Society Small Car Show in the Bowl at Rotary Park from 10:00 a.m. to 3:00 p.m. o October 15th – The Lake Havasu City Fire Department 50th Anniversary Open House at Fire Station #2, 2065 North Kiowa Boulevard from 12:00 p.m. to 5:00 p.m. o October 15th – The Annual Fall Fun Fair on the ballfields at Rotary Park from 3:00 p.m. to 8:00 p.m. o October 20th – The 39th Annual Relics & Rods Run to the Sun on McCulloch from 5:00 p.m. to 8:00 p.m. o October 21st & 22nd – The 39th Annual Relics & Rods Run to the Sun at the London Bridge Resort Golf Course from 8:00 a.m. to 4:00 p.m. o October 21st – The 3rd Annual Walk to the Moon Car Show Event in the alley behind Mudshark Brewery from 12:00 p.m. to 10:00 p.m. o October 22nd & 23rd – The Lake Havasu Firefighter Charities Annual Pumpkin Fest on the lot across from the Aquatic Center from 10:00 a.m. to 5:00 p.m. o October 23rd – The 5th Annual Save A Life Domestic Violence Awareness Walk At Rotary Park Ramada A from 8:00 a.m. to 11:00 a.m. o October 25th – The Annual Taste of Havasu at the Rodeo Grounds at SARA Park from 5:00 p.m. to 9:00 p.m. Councilmember Sheehy asked if the Wi-Fi in the Bridgewater Channel (Channel) was for City staff or public use. Mr. Cassens explained the Wi-Fi would be for public use but the primary purpose would be to enhance public safety in the Channel and increase digital communications both in the Channel and surrounding area. He said the extra band width that will be available, will be sufficient to provide free Wi-Fi to the public if that is the direction the City would want to go. Mr. Cassens stated that it is not the intention of the City to compete for those types of services and added, if there are providers that do provide Wi-Fi in that area, staff would work with those providers to fill in any gaps in service. He also said that it would increase the connectivity to the Island Treatment Plant. Mr. Cassens stated that this is the first step in bringing greater band width to the community and ultimately staff hopes to expand that to the central downtown area. Lake Havasu City Page 3 Printed on 10/26/2016 City Council Minutes - Final October 11, 2016 Vice Mayor Callahan asked if the City would have to provide additional power to that area. Mr. Cassens stated there is power that runs the lights in the Channel but it is not very reliable. He said the lights in the Channel come on and go off at the same time and what staff would like to do is bring constant power through that area through some of the existing conduit with un-switched power to each of the pedestals. He added the lights would control themselves but staff would also be able to control them by wireless remote control. Councilmember Sheehy stated it was a little misleading to say the Channel because he did not think the public perception would be on the London Bridge Beach side because the most traveled area is between the London Bridge and Rotary Community Park. Mr. Cassens stated the lighting would be on the London Bridge Beach side right now but added that it would be nice to have a consistent look and if the people like the way that it looks, the City may carry that into other areas in the future. 8. PUBLIC HEARINGS 8.1 ID 16-0924 Series #06 Liquor License, Lake Havasu Cigars, 2038 McCulloch Boulevard/Campbell Ms. Williams advised that Ms. Nancy Lee Campbell applied for a Series #06 Bar License for Lake Havasu Cigars, located at 2038 McCulloch Boulevard. Ms. Williams said all posting requirements have been met, all fees were paid, and no objections were received. She added that this location is properly zoned for a Series #06 liquor license. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Brister-McCoy moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #06 liquor license for Lake Havasu Cigars, 2038 McCulloch Boulevard, 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 Sheehy Absent: 1 - Councilmember Lin 8.2 ID 16-0922 Approve Renewal of Liability Insurance to Willis of Arizona Human Resources/Risk Manager Shirlee Palbicki stated the City’s liability insurance is set to expire November 1st and this request is the annual renewal with Willis of Arizona, the City’s insurance broker. She added the intent is to remain with Travelers insurance coverage at this time. Ms. Palbicki stated the renewal premium is $833,336.20, Lake Havasu City Page 4 Printed on 10/26/2016 City Council Minutes - Final October 11, 2016 approximately $1,300 below the expiring premium. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to direct staff to bind coverage as recommended by Willis of Arizona for a total premium of $833,336.20 payable directly to Willis of Arizona, seconded by Vice Mayor Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.3 ID 16-0928 Adopt Resolution No. 16-3096 Authorizing the City to Borrow up to $12,225,000 from an Arizona Bank in the Form of a Loan to Finance Certain Street Improvements, Wastewater Projects, Parks and Recreational Facilities’ Improvements, Airport Improvements and Other General Projects and Acquisitions; Authorizing the Execution and Delivery of a Loan Agreement Setting Forth the Terms of the Loan and Providing for the Repayment Thereof; Pledging the City’s Excise Tax Revenues as Security Therefore; Authorizing the execution of a Placement Agent Agreement and other Necessary Agreements; and Declaring an Emergency Administrative Services Director Tabatha Miller stated that Mr. Mark Reeder with Stifel would be presenting the second half of the presentation to Council. Ms. Miller said that staff has gone through several reiterations regarding the potential debt the City is going to issue and what staff is asking is that the Council approve up to $12.25 million in debt. She said there are some caveats in the resolution; the total interest rate has to be less than three percent and the repayment period at five years or less. She added that if approved, the resolution would delegate to the City Manager, the Mayor and herself the ability to execute the final documents for that debt issuance; the loan agreement with an Arizona bank, the placement agreement with Stifel, the disbursement agreement, and a caveat of many other documents. Ms. Miller stated the reason the City is issuing this debt is because of the Expenditure Limitation (EL) and what this loan does is allow the City to spend that money on capital projects and other capital outlay; is excluded from the EL and when the City repays that debt, it is also excluded from the EL. Ms. Miller stated that the other thing that staff was looking at in this process is short-term debt issuance and the ability to pre-pay the debt to manage the interest costs. She said this is not about money but is about the need for expenditure capacity. She stated at the Lake Havasu City Page 5 Printed on 10/26/2016 City Council Minutes - Final October 11, 2016 end of August, the City had approximately $98 million in the bank and intended to pay for these projects with cash but is not able due to the EL. Ms. Miller stated that staff chose a private placement as the vehicle to use, and looked at Arizona banks to keep the money local and the ability to deal with local institutions. She said a Request for Proposals (RFP) was sent to 15 banks, pledging local sales tax as the repayment structure. Ms. Miller said that saved on the cost of extensive staff and elected official time because the City does not have to do bond rating or prepare an official statement. She added that it also gives flexibility in terms of repayment which was one of the key features because staff wanted the ability to pre-pay and with traditional bond structure, it is hard to get call features before the ten year mark. Mr. Reeder stated when he was contacted by Ms. Miller to assist with this transaction she was pretty clear about a couple of things; the lowest cost of capital, the lowest interest rate possible, and the flexibility to pre-pay. He said after a lot of discussion, they selected the alternative of a private placement versus the bond issuance process and moved forward accordingly. Mr. Reeder reviewed current interest rates for Council, and added that there are some whispers from the Federal Reserve that they want to make some changes on this front in December so this is a very good time for the City to consider this financing. Mr. Reeder stated that the private placement market came into play after the great recession of 2008 and 2009 when a lot of the banks were disappointed in their loan volume because of economic conditions and that is when the banks started approaching cities and approached his firm because they represent a lot of cities. He said private placement is especially attractive for the type of financing the City is doing to be able to repay the obligations over a shorter period of time. Mr. Reeder stated out of the 15 financial institutions that received the RFP, eight bids were received which is reflective of the market believing in the City and doing a great job financially. He said the bids were all over the board and many would not allow the pre-payment provision. Mr. Reeder stated they are going to work towards moving on a closing with National Bank of Arizona which is a large super regional bank that is doing a fair amount of business around the state. He said that they provided a very strong bid at 1.49 percent and the call feature at any time without premium. Mr. Reeder stated that National Bank of Arizona was the only financial institution that gave them that complete flexibility. He said the debt service will be around $12.5 million which the City can pay for in the budget process and with Council approval this evening, a conference call will be scheduled tomorrow with Ms. Miller and Mr. Cassens to go over the details with National Bank. Mr. Reeder stated if all goes well, they would move towards a closing on or around October 27th. Lake Havasu City Page 6 Printed on 10/26/2016 City Council Minutes - Final October 11, 2016 Mayor Nexsen stated that in light of the fact that most people think that interest rates are going to rise, he wondered what the rational was for some banks not allowing the pre-pay option. Mr. Reeder stated that his thought was that the banks have portfolios and they want a certain period of time in which that pre-payment provision does not occur for various technical reasons. He said the nice thing about the National Bank bid is the City will be able to pay off the higher rate interest quicker. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Sheehy clarified for the public that these are not new capital projects that the City is trying to fund, they are the ongoing Capital Improvement Projects and because of the EL, the City is required to take out a loan in order to get the parks, roads and other projects done. Mayor Nexsen asked if this would affect the sewer financing in any way, to which Ms. Miller said no. Vice Mayor Callahan moved to adopt Resolution No. 16-3096 authorizing the City to borrow up to $12,225,000 from an Arizona Bank in the form of a loan to finance certain street improvements, wastewater projects, parks and recreational facilities’ improvements, airport improvements and other general projects and acquisitions; authorizing the execution of delivery of a loan agreement setting forth the terms of the loan and providing for the repayment thereof; pledging the City’s excise tax revenues as security therefore; authorizing the execution of a placement agent agreement and other necessary agreements; and declaring an emergency, 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 Sheehy Absent: 1 - Councilmember Lin 8.4 ID 16-0927 Introduce Ordinance No. 16-1164 Amending City Code Section 11.08.220, Financial Responsibility, of the Airport Operating Regulations Chapter City Attorney Kelly Garry stated that staff routinely updates their template agreements and several months ago updated the templates related to airport activities. She said questions arose from the airport users and members of the Airport Advisory Board regarding the new insurance requirements and liability, but specific concerns were raised concerning City Code (Code) Section 11.08.220 which establishes minimum insurance Lake Havasu City Page 7 Printed on 10/26/2016 City Council Minutes - Final October 11, 2016 requirements for aircrafts based at the airport in order to demonstrate financial responsibility. Ms. Garry stated that the language caused confusion with respect to the minimum insurance requirements in agreements for activities at the airport. She added that section in no way prohibits the City from having different coverages in these types of agreements but it did cause some confusion. Ms. Garry said in order to avoid confusion in the future and as good practice, it is recommended to amend that section of the Code. She said the proposed amendments are to remove the specific insurance coverage amounts as insurance coverages can vary greatly depending on the proposed use and type of aircraft. Ms. Garry stated further, it is not a good practice to place specific insurance requirements in the Code. Ms. Garry stated that the Airport Advisory Board recommended adoption of the proposed ordinance at their September 21st meeting and staff recommends introduction of this ordinance. Mayor Nexsen asked what the concerns were, and stated when he looked at the minimum insurance requirement he has more insurance on his car. Ms. Garry stated that the insurance requirements contained in the airport agreements are much higher than what is contained in the Code section so there was a lot confusion with the insurance requirements contained in the Code even though staff explained that those are minimum requirements for airport users in general and not specific to anybody entering into an agreement with the City where that would be negotiated and would likely require higher insurance to protect the facilities and premises of the airport. She added there was some push back about having those specific requirements in the Code and added, it is not a good idea to have those in the Code because depending on the activity and depending on the aircraft, the insurance coverages vary greatly at the airport. Ms. Garry stated that in the future staff could put together some airport policies that contain a matrix of insurance requirements. Mayor Nexsen asked if staff regularly asks for proof of insurance, to which Ms. Garry stated not for general users of the airport but staff does request proof of insurance for anybody who enters into an agreement with the City. Mayor Nexsen stated that if he would have an aircraft that is on a City owned tie-down, staff would not ask for insurance. Ms. Garry stated there are tie-down agreements so it would depend on whether you enter into an agreement but if you are just parking at the airport for the day, staff may not ask for insurance. Councilmember Sheehy added that the conversation was that not all policies are like an automobile policy which is how the current code reads so there was push back from the users. He added this ordinance is a good mold to be able to solve their needs and also serves the needs of the City. Ms. Garry added that they had received some questions whether staff can question the users regarding their insurance because it is different than car insurance where there is a statutory requirement for car insurance, there is no statutory Lake Havasu City Page 8 Printed on 10/26/2016 City Council Minutes - Final October 11, 2016 requirement for aircraft. She stated most aircraft users have insurance to cover liabilities but it was causing confusion that you cannot require the people that land at your airport to show proof of insurance and staff was asked to show them in the Federal Aviation Administration rules that would allow staff to ask for insurance for those landing at the airport. She added staff can require the people that are based at the airport for long periods of time to show proof of insurance or financial responsibility. Mayor Nexsen opened the public hearing. Mr. Chuck Vaughn asked what the minimum insurance requirements are in the Code. Ms. Garry stated the proposed ordinance removes the minimum insurance requirements from the Code. She reviewed the current code requirements for Mr. Vaughn There being no further comments, Mayor Nexsen closed the public hearing. Councilmember Barlow moved to introduce Ordinance No. 16-1164 amending Lake Havasu City Code Section 11.08.220, Financial Responsibility, seconded by Vice Mayor Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.5 ID 16-0951 Adopt Resolution No. 16-3097 Approving Ingress and Egress Access Agreement with Arizona State Land Department for Parcel Adjoining Sir Peter Gadsden Boulevard, London Bridge Beach, and Parking Lot Community Investment Director Greg Froslie stated back in 2003 the City acquired London Bridge Beach from the Arizona State Land Department (ASLD) and a condition of that sale was that the City would dedicate access to the ASLD parcels that are adjacent to Sir Peter Gadsden. He said that should have happened per the agreement within the first year of the lease and it was recently brought to staff’s attention due to some recent activity between ASLD and a current lease holder on the Island. Mr. Froslie stated that the Islander Resort lease has shrunk creating some vacant parcels that could be auctioned off but because this action never took place, ASLD does not have dedicated public access, which is a requirement of statute. He added that staff has been working with ASLD and a registered land surveyor and have collaboratively written a legal description carving out this roadway easement and a number of driveways. He stated that by approving this agreement tonight the City will fulfill our original commitment from 2003 and dedicate public access to all ASLD parcels adjacent to Sir Peter Gadsden. Mayor Nexsen opened the public hearing. There being no comments, he closed the public Lake Havasu City Page 9 Printed on 10/26/2016 City Council Minutes - Final October 11, 2016 hearing. Councilmember Coke moved to adopt Resolution No. 16-3097 approving the Ingress and Egress access agreement with Arizona State Land Department, 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 Sheehy Absent: 1 - Councilmember Lin 8.6 ID 16-0930 Adopt Ordinance No. 16-1165 Approving a Request to Rezone Tract 2289, Block 2, Lot 2, 3570 Sweetwater Avenue, from C-1 (Limited Commercial District) to C-2 (General Commercial District) Zoning Administrator Stuart Schmeling addressed the Council and stated that this property is located on the south side of town just off the intersection of McCulloch Boulevard and Sweetwater Avenue, off from Highway 95 and is between an outdoor storage yard and the Ace Hardware Store. Mr. Schmeling stated that the applicant is requesting to rezone to C-2. He added that the adjoining property to the east is also C-2 and the remainder of the block is C-1. He stated that back in the mid 1990’s, Ace Hardware was allowed, through a conditional use permit and most likely under a different code, in the C-2 district at that time. Mr. Schmeling also stated that the applicant is requesting a conditional use permit to allow open storage. He said the Planning & Zoning Commission (P&Z) did approve the conditional use permit with the condition that the Council approves the rezoning request. Mr. Schmeling stated that the existing General Plan shows that area as commercial which both C-1 and C-2 are implementing zoning districts of commercial and therefore meets the current and upcoming General Plan. Mayor Nexsen asked for the definition of an open storage facility. Mr. Schmeling stated that it is typically a fenced storage yard and added that his understanding is that it would look like a mirror image of the existing C-2 lot. Mayor Nexsen said that he noticed the P&Z vote was 5-1 and asked what the objection was from the one vote. Mr. Schmeling stated the descending vote did not submit why he voted against the rezoning but noted it was a 6-0 vote on the conditional use permit. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Sheehy moved to adopt Ordinance No. 16-1165 approving a request to rezone Tract 2289, Block 2, Lot 2, 3570 Sweetwater Avenue, from C-1 (Limited Commercial District) to C-2 (General Commercial District), seconded by Councilmember Brister-McCoy, and carried by the following vote: Lake Havasu City Page 10 Printed on 10/26/2016 City Council Minutes - Final October 11, 2016 Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.7 ID 16-0915 Approve Cooperative Purchase of a Zetron IP Based Fire Station Alerting System from Creative Communications Fire Chief Brian Davis stated the fire station alerting system is a piggy back project to the Police Department’s dispatch center upgrade and radio system upgrade and is essentially taking the current 1940’s system and transferring it into an upgraded system that integrates into the Police Department’s radio counsels. Chief Davis stated that the station alerting is a piece of the process in between a 911 call and what would be the Fire Department response. He added that the alerting system sounds an alarm and turns on a light that activates the broadcast speaker so the information broadcast to dispatch goes out simultaneously to all of the units. Chief Davis said this upgrade was budgeted at $90,000 and the bid came in approximately $8,000 less than what had been budgeted. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Brister-McCoy moved to approve the cooperative purchase of a Zetron IP Based Fire Station Alerting System from Creative Communications, 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 Sheehy Absent: 1 - Councilmember Lin 8.8 ID 16-0925 Approve Purchase of Back-Up and Recovery System from Dell Marketing Ms. Miller addressed the Council and stated that staff is asking for approval to purchase a rapid recovery back-up system to replace the current system that is obsolete and does not meet the City’s needs. She stated that growth in both of the current systems and the shear amount of data that is being stored has caused concern if all the data can be backed-up. Ms. Miller stated if it comes to having to restore the system from the current back-up it could take days or weeks to get everybody and all of the information back on line. She said in addition to that, staff feels that it is necessary to have an outside area to store this information similar to the cloud so if anything would happen to City facilities, the data would be stored elsewhere and staff would be able to restore that information. Vice Mayor Callahan asked what connects with the cloud, to which Ms. Miller stated it is Lake Havasu City Page 11 Printed on 10/26/2016 City Council Minutes - Final October 11, 2016 through the internet. She added that the City has good security now and have upgraded the security in the last six months from the outside world using firewalls. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to approve the purchase of a Rapid Recovery Back-up system from Dell Marketing, seconded by Vice Mayor Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.9 ID 16-0942 Award Agreement for Construction Management Services for King’s View Seawall Repair to Kimley-Horn and Associates, Inc Project Manager Ryan Molhoek stated he was before Council to recommend approval of a construction management contract with Kimley-Horn and Associates for the King’s View Seawall Repair project. He stated if approved, the project would begin on October 17th and be completed by December 15th. Councilmember Barlow asked for a total cost of the project, to which Mr. Molhoek stated he believed it to be just over $200,000. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Callahan moved to award the agreement for construction management services for King’s View Seawall repair to Kimley-Horn and Associates, Inc., 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 Sheehy Absent: 1 - Councilmember Lin 8.10 ID 16-0931 Award Bids for Water Distribution System Annual Parts Supply to Farnsworth Wholesale Co., Arizona Water Works, Ferguson Waterworks, HD Supply Waterworks, Dana Kepner Water Division Manager Chuck Michalski stated this request is for maintenance items for the City’s water system. He said that seven bids were received and staff elected to award Lake Havasu City Page 12 Printed on 10/26/2016 City Council Minutes - Final October 11, 2016 the bid to five of them based on the lowest cost. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Sheehy moved to award bids and issue open purchase orders for the Water Distribution System Annual Parts Supply on an as required basis to Farnsworth Wholesale Co., Arizona Water Works, Ferguson Waterworks, HD Supply Waterworks, Dana Kepner (Phoenix), 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 Sheehy Absent: 1 - Councilmember Lin 8.11 ID 16-0932 Approve Sole Source Purchase of Badger Water Meters from National Meter & Automation, Inc Mr. Michalski stated this request is for the purchase of Badger water meters from National Meter & Automation, Inc. He added the City has been using Badger meters since the inception of the Irrigation & Drainage District and would like to keep the system standardized. 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 Badger Meters from National Meter & Automation, Inc., seconded by Vice Mayor Callahan, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 8.12 ID 16-0940 Approve Amendment No. 2 to Services Contract for Maintenance Street Sweeping to C&S Sweeping Services, Inc Maintenance Services Division Manager Mark Clark stated that this item is for maintenance sweeping of the entire City. He said that staff has bid this work out for the last three or four years, they do a great job, and are able to complete it within two weeks. Mr. Clark added that it also helps with stormwater clean-up to assure Arizona Department of Environmental Quality that all the streets have been swept. Lake Havasu City Page 13 Printed on 10/26/2016 City Council Minutes - Final October 11, 2016 Councilmember Sheehy asked if staff was still reducing the fleet of current sweepers. Mr. Clark stated that staff has reduced their fleet of kick brooms down to the three new ones and as the three pick-up brooms die, staff will refurbish one with parts from the other two brooms and keep one for emergency pick-ups. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Callahan moved to approve Amendment No. 2 to Services Contract for Maintenance Street Sweeping to C&S Sweeping Services, Inc., 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 Sheehy Absent: 1 - Councilmember Lin 8.13 ID 16-0941 Approve Cooperative Purchase of Pavement Crack & Joint Sealer from Crafco, Inc. for FY 2016-17 Mr. Clark stated this item is the annual bid off from the State bid. He said that the price has actually reduced and the State has made a change order to reduce the prices from the previous year. Mr. Clark added that the City contracts out the street crack filling but the City purchases the material directly through the State. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Brister-McCoy 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 Coke, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 9. CURRENT EVENTS There were no council committee reports. 10. FUTURE MEETINGS Tuesday, October 25, 2016 @ 6:00 p.m. – Regular Meeting Lake Havasu City Page 14 Printed on 10/26/2016 City Council Minutes - Final October 11, 2016 Tuesday, November 8, 2016 @ 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-McCoy and seconded, the meeting adjourned at 7:11 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 11th day of October, 2016. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk/CMC ____________________________________ Sacia Graber, City Clerk Assistant/CMC Lake Havasu City Page 15 Printed on 10/26/2016

Agenda

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 Agenda Tuesday, October 11, 2016 6:00 PM One or more councilmembers may be participating and voting via remote conferencing. 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. The City Council may vote to hold an executive session for the purpose of obtaining legal advice from the City’s attorney on any matter listed on the agenda under A.R.S. § 38-431.03(A)(3). 1. CALL TO ORDER 2. INVOCATION: Pastor Ryan Speakman, Living Word Family 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 16-0936 Approve the September 27, 2016, City Council Regular Meeting Minutes 6.2 ID 16-0929 Reaffirm Adoption of Resolution No. 16-3038 Approving Addendum to Lake Havasu City Page 1 Printed on 10/5/2016 City Council Regular Meeting Agenda - Final October 11, 2016 Existing Intergovernmental Agreement between the Arizona Department of Housing, Office of Manufactured Housing, and Mohave County to Enforce Installation Standards for Commercial and Residential Factory Built Buildings in Lake Havasu City 6.3 ID 16-0921 Approve and Authorize the City Manager to Execute Escrow Documents for the Sale of City Owned Tract 2302, Block 8, Parcel “L” located on Pinion Tree Drive 6.4 ID 16-0926 Adopt Resolution No. 16-3095 Abandoning the Entire 10-Foot by 100.14-Foot Public Utility and Drainage Easement Along the Southeasterly Property Line of Tract 136, Block 7, Lot 31/ John McDonald 6.5 ID 16-0944 Recommend Approval of a Special Event Liquor License Application for the Social Services Interagency Council of Lake Havasu City Fundraiser on November 11, 2016, at 1425 McCulloch Boulevard / Eigenbrodt 6.6 ID 16-0935 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, October 25, 2016 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 16-0933 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions 7.2 ID 16-0934 City Manager’s Report 8. PUBLIC HEARINGS 8.1 ID 16-0924 Series #06 Liquor License, Lake Havasu Cigars, 2038 McCulloch Boulevard/Campbell 8.2 ID 16-0922 Approve Renewal of Liability Insurance to Willis of Arizona 8.3 ID 16-0928 Adopt Resolution No. 16-3096 Authorizing the City to Borrow up to $12,225,000 from an Arizona Bank in the Form of a Loan to Finance Certain Street Improvements, Wastewater Projects, Parks and Recreational Facilities’ Improvements, Airport Improvements and Other General Projects and Acquisitions; Authorizing the Execution and Delivery of a Loan Agreement Setting Forth the Terms of the Loan and Providing for the Repayment Thereof; Pledging the City’s Excise Tax Revenues as Security Therefore; Authorizing the execution of a Placement Agent Agreement and other Necessary Agreements; and Declaring an Emergency 8.4 ID 16-0927 Introduce Ordinance No. 16-1164 Amending City Code Section 11.08.220, Financial Responsibility, of the Airport Operating Regulations Chapter 8.5 ID 16-0951 Adopt Resolution No. 16-3097 Approving Ingress and Egress Access Agreement with Arizona State Land Department for Parcel Adjoining Sir Peter Lake Havasu City Page 2 Printed on 10/5/2016 City Council Regular Meeting Agenda - Final October 11, 2016 Gadsden Boulevard, London Bridge Beach, and Parking Lot 8.6 ID 16-0930 Adopt Ordinance No. 16-1165 Approving a Request to Rezone Tract 2289, Block 2, Lot 2, 3570 Sweetwater Avenue, from C-1 (Limited Commercial District) to C-2 (General Commercial District) 8.7 ID 16-0915 Approve Cooperative Purchase of a Zetron IP Based Fire Station Alerting System from Creative Communications 8.8 ID 16-0925 Approve Purchase of Back-Up and Recovery System from Dell Marketing 8.9 ID 16-0942 Award Agreement for Construction Management Services for King’s View Seawall Repair to Kimley-Horn and Associates, Inc 8.10 ID 16-0931 Award Bids for Water Distribution System Annual Parts Supply to Farnsworth Wholesale Co., Arizona Water Works, Ferguson Waterworks, HD Supply Waterworks, Dana Kepner 8.11 ID 16-0932 Approve Sole Source Purchase of Badger Water Meters from National Meter & Automation, Inc 8.12 ID 16-0940 Approve Amendment No. 2 to Services Contract for Maintenance Street Sweeping to C&S Sweeping Services, Inc 8.13 ID 16-0941 Approve Cooperative Purchase of Pavement Crack & Joint Sealer from Crafco, Inc. for FY 2016-17 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 Barlow Lake Havasu Convention and Visitors Bureau (CVB) - Councilmember Callahan Lake Havasu Metropolitan Planning Organization (MPO) - Councilmember Nexsen/Brister/Callahan/ Sheehy (Alternate) Mohave County Water Authority - Councilmember Barlow Parks & Recreation Advisory Board - Councilmember Lin Partnership for Economic Development (PED) - Councilmember Coke 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 Barlow Western Arizona Council of Governments (WACOG) - Councilmember Sheehy 10. FUTURE MEETINGS Lake Havasu City Page 3 Printed on 10/5/2016 City Council Regular Meeting Agenda - Final October 11, 2016 Tuesday, October 25, 2016 @ 6:00 p.m. - Regular Meeting Tuesday, November 8, 2016 @ 6:00 p.m. - Regular Meeting 11. FUTURE AGENDA ITEMS 12. ADJOURN Lake Havasu City Page 4 Printed on 10/5/2016

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