City Council

Mayor Mark S. Nexsen Lake Havasu City Vice Mayor Cal Sheehy Police Facility Councilmember Jeni Coke 2360 McCulloch Blvd North Councilmember Gordon Groat Lake Havasu City, Arizona Councilmember David Lane 86403 Councilmember Michele Lin www.lhcaz.gov Councilmember Donna McCoy City Council Regular Meeting Minutes - Final Tuesday, April 10, 2018 6:00 PM 1. CALL TO ORDER 2. INVOCATION: Pastor John Maki, Havasu Alliance Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL Present: 6- Mayor Mark S. Nexsen, Councilmember Jeni Coke, Councilmember Gordon Groat, Councilmember David Lane, Councilmember Michele Lin and Councilmember Donna McCoy Absent: 1- Vice Mayor Cal Sheehy 5. CALL TO THE PUBLIC There were no requests to address the Council. 6. CONSENT AGENDA 6.1 ID 18-1584 Approve the March 27, 2018, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 18-1556 Adopt Resolution No. 18-3213 Affirmatively Furthering Fair Housing in Lake Havasu City (Holly Morin) 6.3 ID 18-1557 Adopt Resolution No. 18-3214 Authorizing the Adoption of Owner Occupied Housing Rehabilitation Guidelines dated December 30, 2016, in relation to an Application for FY2017 Community Development Block Grant State Special Project Funds (Holly Morin) 6.4 ID 18-1558 Adopt Resolution No. 18-3215 to Adopt a Relocation Assistance Plan as Required by the Housing and Community Development Act (Holly Morin) 6.5 ID 18-1573 Adopt Resolution No. 18-3216 Abandoning the 10-Foot by 80.10-Foot Public Utility and Drainage Easement Along the Southern (Rear) Property Line and Dedicating an 8-Foot by 80-Foot Public Utility and Drainage Lake Havasu City Page 1 Printed on 4/25/2018 City Council Minutes - Final April 10, 2018 Easement Along the Northerly (Front) Property Line of Tract 2209, Block 10, Lot 14 (Stuart Schmeling) 6.6 ID 18-1571 Adopt Resolution No. 18-3217 Abandoning the Easterly 10-Foot by 36.86-Foot Portion of the 10-Foot by 71.86-Foot Public Utility and Drainage Easement Along the Southern (Rear) Property Line and Dedicating an 8-Foot by 73.30-Foot Public Utility and Drainage Easement Along the Northerly (Front) Property Line of Tract 2209, Block 10, Lot 12 (Stuart Schmeling) 6.7 ID 18-1572 Adopt Resolution No. 18-3218 Abandoning the 10-Foot by 80.10-Foot Public Utility and Drainage Easement Along the Southern (Rear) Property Line and Dedicating an 8-Foot by 80-Foot Public Utility and Drainage Easement Along the Northerly (Front) Property Line of Tract 2209, Block 10, Lot 13 (Stuart Schmeling) 6.8 ID 18-1578 Adopt Resolution No. 18-3219 Abandoning Six Public Utility and Drainage Easements and Accepting Dedication of Four Public Utility Easements Within the Parcels Created by Parcel Plat 035-040, Tract 2209, Block 10, Lots 6, 15, 16, 17, 28, and Parcel “G” (Stuart Schmeling) 6.9 ID 18-1570 Adopt Resolution No. 18-3193 Accepting Dedication of the Southern 8-Foot by 20-Foot Public Utility Easement Along the Westerly Property Line of Tract 2209, Block 10, Lot 18 (Stuart Schmeling) 6.10 ID 18-1585 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, April 24, 2018 (Kelly Williams) Councilmember Coke moved to approve the Consent Agenda as presented, seconded by Councilmember McCoy, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin and Councilmember McCoy Absent: 1 - Vice Mayor Sheehy 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 18-1586 Lake Havasu City Convention & Visitors Bureau Annual Update (Jess Knudson) Mr. Terence Concannon, President/CEO of the Lake Havasu City Convention & Visitors Bureau, outlined the following in his presentation: • 2017-2018 Strategic Initiatives Lake Havasu City Page 2 Printed on 4/25/2018 City Council Minutes - Final April 10, 2018 • Consumer Marketing – Social Media Platforms • Consumer Marketing – Print • Consumer Marketing – Television & Digital Video • Website – GoLakeHavasu.com • Visitors & Dining Guides • Travel-Industry Marketing • Media Engagement & Public Relations • Advocacy • Event Funding & Marketing • Film Commission • The IAMHAVASU Project • Trusted Partners & Friends 7.2 ID 18-1581 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) City Clerk Kelly Williams announced the current vacancies on various Lake Havasu City Boards, Committees, and Commissions. 7.3 ID 18-1583 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Student Government Day – April 5, 2018 • Ella Wofford of HYAC represents Lake Havasu City at Democraseed Final Showcase • Fire at Body Beach • Clean-up at Body Beach • Vietnam Veterans Dinner • Lake Havasu Metropolitan Organization (LHMPO) Meeting – April 18, 2018 from 5:30 p.m. to 7:00 p.m. • NAEBT Fitbit Challenge • Lake Havasu Community Choir donation to the Vietnam Veterans Dinner • Veterans Court Graduates • Flagpole Installed at Cypress Park • National Public Safety Telecommunicators Week 8. PUBLIC HEARINGS 8.1 ID 18-1569 Series #12 Restaurant Liquor License, India Spice N Bar, 460 El Camino Way/Chatha (Kelly Williams) Ms. Williams advised that Mr. Jagdeep Singh Chatha has applied for Series #12, Restaurant, Liquor License for India Spice N Bar, located at 460 El Camino Way. Ms. Williams said 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 Series #12 Lake Havasu City Page 3 Printed on 4/25/2018 City Council Minutes - Final April 10, 2018 Restaurant Liquor License. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #12 liquor license for India Spice N Bar, 460 El Camino Way, seconded by Councilmember Lane, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin and Councilmember McCoy Absent: 1 - Vice Mayor Sheehy 8.2 ID 18-1568 Adopt Ordinance No. 18-1196 Amending Lake Havasu City Code Section 14.05.01, Reviewers and Decision-Making Bodies, Regarding Term Limits for Board of Adjustment and Planning and Zoning Commission Members (Kelly Garry) City Attorney Kelly Garry advised this item was introduced at the last meeting and no changes were suggested. She said for clarification purposes this action only limits terms and does not eliminate a term. She said although a member’s term will be for a number of years, depending on what is prescribed, they would then reapply for that position again, and would not allow for an endless number of years. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember McCoy moved to adopt Ordinance No. 18-1196 amending Lake Havasu City Code Section 14.05.01, Reviewers and Decision-Making Bodies, regarding term limits for Board of Adjustment and Planning and Zoning Commission members, seconded by Councilmember Lane, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin and Councilmember McCoy Absent: 1 - Vice Mayor Sheehy 8.3 ID 18-1576 Adopt Ordinance No. 18-1197 Amending Lake Havasu City Code 2.60, Personnel System, to Remove Section 2.60.100, Fingerprinting (Kelly Garry) Ms. Garry advised that this item was also introduced at the last meeting and recognizes that background investigations are now done through an online process. She said the City Lake Havasu City Page 4 Printed on 4/25/2018 City Council Minutes - Final April 10, 2018 Code will be updated to reflect the online process. Ms. Garry noted that no changes were suggested. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to adopt Ordinance No. 18-1197 amending Lake Havasu City Code 2.60, Personnel System, to remove Section 2.60.100, Fingerprinting, seconded by Councilmember McCoy, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin and Councilmember McCoy Absent: 1 - Vice Mayor Sheehy 8.4 ID 18-1567 Adopt Ordinance No. 18-1191 Implementing Phase I of the Havasu Riviera Specific Plan Adopted in 2008, Revising the District Boundary by Rezoning a 35-Acre Area from A-P (Agricultural Preservation District) to 4 Acres of MU-G (Mixed Use General) and 31 Acres of MU-N (Mixed Use Neighborhood); and Applying the Previously Approved Maximum Allowable Building Height of up to Sixty Feet (Stuart Schmeling) Zoning Administrator Stuart Schmeling advised that the item before the Council is a simple rezoning. He said the 35-acres is part of 250-acre parcel that lies south of Highway 95 and adjacent to what is now known as Havasu Riviera. Mr. Schmeling explained that the specific plan that was adopted in 2008 included a Land Use Plan, and said the 35-acre portion was designated for a Mixed Use (MU) application with the balance of the property designated as residential. He said the 2008 ordinance that adopted the Land Use Plan for the entire 250-acres mentioned two specific zoning uses, MU and Multi-Family Residential (R-4), and as typical in these plans, the applicant also requested exceptions to the underlying zoning districts. Mr. Schmeling said with the new Development Code in 2016, the M-U and R-4 districts in this ordinance no longer exist. He said as a result, the applicant and City staff has to look at the intent and other information within the specific plan, and the request is to rezone two of the properties to Mixed-Use General (MU-G), which allows multi-family, bars, and restaurants, but also allows hotels which is one of the primary elements that was involved in the approval of the specific plan. He said the balance of the 78 remaining lots in this portion of the plan are being divided for single-family residential use; however, he said the applicant was unable to request the MU-G zoning designation because it does not allow single-family use; therefore, they are requesting the Mixed-Use Neighborhood (MU-N) which allows for single-family attached and detached, but also allows for certain commercial uses, including: bars, restaurants, libraries, museums, offices, and personal services. He said the zoning designations will Lake Havasu City Page 5 Printed on 4/25/2018 City Council Minutes - Final April 10, 2018 apply to the entire 250-acres; however, this is just the first phase (35-acres) which is broken into the 4-acres of MU-G and 31-acres of MU-N. Mr. Schmeling said at the Planning and Zoning Commission meeting there was a lot of discussion regarding the 60-foot height exception, which will apply to this 35-acres but also to each additional phase that is part of the Mixed-Use element. He said representatives of the owners at the Planning and Zoning Commission meeting stated that there will be additional Covenants, Conditions & Restrictions (CC&R) put in place and recorded to restrict the height and architectural features that will be allowed on those residential lots as an extra layer of protection. Mr. Mychal Gorden, applicant for the project on behalf of the developer, said this is the first of eight neighborhoods that will be coming before the Council in the Havasu Riviera Project. He said they went through a very detailed specific plan process in 2008 that outlined the development of this project, along with the zoning and entitlements that went with that. He said the project is staying very much true to that specific plan and the reason for the rezoning is due to the changes in the City’s Development Code. He said this project has the hotel component, commercial and first neighborhood of residential within it. Mr. Gorden added that this phase will have a “resort feeling” neighborhood with its proximity to the marina and the City portions of the project. Mr. Gorden said going forward the next action will be rezoning the other seven neighborhoods and the preliminary plats for those as they move this project forward. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Mayor Nexsen clarified that the 60-foot height exception was previously granted in 2008. Councilmember Coke moved to adopt Ordinance No. 18-1191 implementing Phase I of the Havasu Riviera Specific Plan adopted in 2008, revising the District Boundary by rezoning a 35-Acre area from A-P to 4 Acres of MU-G and 31 Acres of MU-N; and applying the previously approved maximum allowable building height of up to sixty feet, seconded by Councilmember Groat, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin and Councilmember McCoy Absent: 1 - Vice Mayor Sheehy 8.5 ID 18-1555 Adopt Resolution No. 18-3212 Authorizing the Submission of an Application for FY2017 State Community Development Block Grant (CDBG) Funds and Authorizing All Actions Necessary to Implement and Lake Havasu City Page 6 Printed on 4/25/2018 City Council Minutes - Final April 10, 2018 Complete the Activities Outlined in the Application (Holly Morin) Grants Administrator Holly Morin advised that this item relates to Community Development Block Grant (CDBG) funding from the State Special Projects Account. She said the Arizona Department of Housing requires this to be a public hearing item open to the public for comment. She noted that the City is submitting an application to the Arizona Department of Housing for funding in the amount of $300,000 to be used for owner-occupied housing rehabilitation within city limits for low income homeowners. Ms. Morin said home repair is important to improve the quality and value of neighborhoods. She added that no City funds will be used for this project. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember McCoy moved to adopt Resolution No. 18-3212 authorizing the submission of an application for FY2017 State CDBG funds and authorizing all actions necessary to implement and complete the activities outlined in the application, seconded by Councilmember Lin, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin and Councilmember McCoy Absent: 1 - Vice Mayor Sheehy 8.6 ID 18-1546 Approve Cooperative Purchase Agreement and Expenditures Exceeding $50,000 with James, Cooke, and Hobson, Inc., for Wastewater Pumps and Parts (W. Mark Clark) Operations Manager Mark Clark advised that staff anticipates spending approximately $150,000, exceeding the $50,000 threshold, with James, Cooke, and Hobson, Inc., for wastewater pumps and parts. Mayor Nexsen said the staff report indicates that the City has already spent $74,000 and asked if that was spent with this one company, to which Mr. Clark responded yes. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to approve the Cooperative Purchase Agreement with James, Cooke, and Hobson, Inc.; and ratify and approve expenditures exceeding $50,000 for the term of this agreement, seconded by Councilmember McCoy, and carried by the following vote: Lake Havasu City Page 7 Printed on 4/25/2018 City Council Minutes - Final April 10, 2018 Aye: 6 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin and Councilmember McCoy Absent: 1 - Vice Mayor Sheehy 8.7 ID 18-1579 Award Bid for the Airport Erosion & Foreign Object Debris (FOD) Control and Runway Drainage Improvements Project to McCauley Construction, Inc. (Jeremy Abbott) Assistant City Engineer Jeremy Abbott advised that the Airport Erosion and Foreign Object Debris Control and Runway Drainage Improvements Project came in under budget at $405,537.50. He said 90 percent of the project is funded by the Arizona Department of Transportation (ADOT), and added that the City has received project approval from ADOT to move forward. Mr. Abbott said the project is being awarded to McCauley Construction, Inc. from Winslow, Arizona, and added that it is a 30-day project with an anticipated completion date in May 2018. Mr. Abbott further added that the construction administration contract was previously executed under a multiple agreement with C&S Engineers, Inc. Mr. Abbott provided a graphic and photos of the airport runway. He said the project is to mill and repair the shoulders along the taxiways and runway. He said the runway’s current condition does not meet Federal Aviation Administration (FAA) requirements; therefore, this project will bring the runways and taxiways into compliance. Councilmember Lane commended the City for coming in seven percent under the engineer’s estimate, and noted that the bid was 30 percent lower than the next bid. He asked if the City was confident that the contractor could perform the work, to which Mr. Abbott said there is a single line item in the bids that stands out that is almost a $200,000 difference, and explained that the contractor did their research and found that they could bring in the four-inch rock needed for the drainage repairs from Kingman, Arizona. He said since the contractor will be coming from Winslow they will be able to truck the material in themselves, which resulted in savings. Councilmember Groat asked if there were liability issues should this project not move forward, to which Mr. Abbott said he believes the potential exists and that is why this project was identified and ADOT is willing to help the City fix the problem. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to award the bid for the Airport Erosion & FOD Control and Runway Drainage Improvements Project to McCauley Construction, Lake Havasu City Page 8 Printed on 4/25/2018 City Council Minutes - Final April 10, 2018 Inc. in the amount of $405,537.50, seconded by Councilmember Coke, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin and Councilmember McCoy Absent: 1 - Vice Mayor Sheehy 8.8 ID 18-1580 Award Bid for the Mulberry WWTP Aeration Basin Repairs Project to Coonstruction, Inc. (Jeremy Abbott) Mr. Abbott said before the Council is a repair project for one of the City’s aeration basins at the Mulberry Wastewater Treatment Plant (WWTP) that was originally constructed in 1991. He said staff inspected the basin in 2015 due to concerns of structural issue, which resulted in some immediate temporary repairs and some permanent repairs that were done over a three-year period. He added that City staff has coordinated this project effort with some major maintenance items that wastewater will be doing at the same time to save on down time of the plant and cleaning the aeration basin and prepping it for constructability. Mr. Abbott said the project removes the air gap under the bridge platform, eliminating the potential for hydrogen sulfate build-up on the concrete and eliminating this problem in the future. He added that one of the items that was not originally part of the Community Investment Program (CIP) project list was the wall repair. He said it was on the task list identified by wastewater staff, but because of its structural and concrete relatedness, City staff felt that it would be best to include it on this contract. Mr. Abbott noted that the original CIP budget for this project was $70,000, and the City received a low bid of $119,000, which is $50,000 over budget. He said the project was re-bid, and Coonstruction, Inc., came in low both times. Mr. Abbott said the City plans to use electrical cost savings from rate reductions and less electrical use from the wastewater utility fund to help offset the cost, and added that staff will administer the repairs and oversight of the construction in-house. Mr. Abbott noted that the project will take approximately two months, with an anticipated completion date in June 2018. Mayor Nexsen asked if the basin will be functional during construction, to which Mr. Abbott said it would not be in service therefore their coordination with wastewater is paramount because staff has to wait until flows recede before the basin is shut down. Councilmember Groat asked how the City plans to fix the hydrogen sulfate issue, to which Mr. Abbott said the original solution was to rebuild the structure and add a special coating; Lake Havasu City Page 9 Printed on 4/25/2018 City Council Minutes - Final April 10, 2018 however, staff realized that a better solution would be to eliminate the air from the area by increasing the thickness of the slab. He said in doing so the bottom will always be submerged which removes the air and ability for the creation of hydrogen sulfide. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to award the bid for the Mulberry WWTP Aeration Basin Repairs Project to Coonstruction, Inc. in the amount of $119,000, seconded by Councilmember McCoy, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin and Councilmember McCoy Absent: 1 - Vice Mayor Sheehy 9. CURRENT EVENTS There were no council committee reports. 10. CALL TO THE PUBLIC There were no requests to address the Council 11. FUTURE MEETINGS Tuesday, April 24, 2018 @ 6:00 p.m. – Regular Meeting Thursday, April 26, 2018 @ 9:30 a.m. – CIP Work Session Thursday, May 3, 2018 @ 9:00 a.m. – Budget Overview Work Session Tuesday, May 8, 2018 @ 6:00 p.m. – Regular Meeting 12. FUTURE AGENDA ITEMS There were no requests for future agenda items. 13. ADJOURN Upon motion by Councilmember Coke and seconded, the meeting adjourned at 7:19 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 10th day of April, 2018. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk/CMC Lake Havasu City Page 10 Printed on 4/25/2018