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, August 14, 2018 6:00 PM 1. CALL TO ORDER Mayor Nexsen called the meeting to order at 6:00 p.m. 2. INVOCATION: Dr. David Bybee, Community Presbyterian Church Pastor Jon Maki with Havasu Alliance Church gave the invocation. 3. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. 4. ROLL CALL Present: 7- Mayor Mark S. Nexsen, Councilmember Jeni Coke, Councilmember Gordon Groat, Councilmember David Lane, Councilmember Michele Lin, Councilmember Donna McCoy and Vice Mayor Cal Sheehy 5. CALL TO THE PUBLIC Ms. Kelly Meister addressed the Council regarding the vacation rental home ordinance. She said over the last two years since the City passed the vacation rental ordinance, the agents and owners have not been following the ordinance and the Lake Havasu City police officers are also not up-to-date on the ordinance when they are called out for a noise disturbance. She said the ordinance states that vacation rental homeowners have the responsibility to inform their neighbors within 300-feet of the agent’s name and contact information, inform all renters of the “good neighbor” brochure, and also keep the trash picked up. She said there is a vacation rental located approximately 30-feet from her house and she has never received a contact number from the owners. She said when she has had to contact the Lake Havasu City Police Department between the hours of 10:00 p.m. and 7:00 a.m., which are listed in the ordinance as the “quiet hours”, the police arrive at 2882 Wanderlust Lane and shut down the noise. Ms. Meister said the ordinance clause states that the homeowner is to be fined; however, to her knowledge they have not been fined and added that one of the police officers she spoke with said and if anyone is to be fined, then the noise ordinance would have to be read inside her house at the time of the call. She added that she is tired of cleaning up trash that is blown or thrown into her yard from Lake Havasu City Page 1 Printed on 9/14/2018 City Council Minutes - Final August 14, 2018 the renters. She requested that the City Council follow up on the vacation rental ordinance and also train the officers on how to handle the vacation rental ordinance. 6. CONSENT AGENDA 6.1 ID 18-1728 Approve the July 24, 2018, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 18-1719 Adopt Resolution No. 18-3249 Approving the Equitable Sharing Agreement and Certification with the United States Department of Justice and Department of the Treasury for Participation in the Equitable Sharing Program (Daniel P. Doyle) 6.3 ID 18-1726 Adopt Resolution No. 18-3250 Abandoning a 6-Foot by 20-Foot Portion of a 10-Foot by 110-Foot Public Utility and Drainage Easement Near the Rear Property Line of Tract 136, Block 4, Lot 7 (Stuart Schmeling) 6.4 ID 18-1731 Adopt Resolution No. 18-3251 Abandoning a 5-Foot by 40-Foot Portion of the 10-Foot by 140-Foot Public Utility and Drainage Easement Near the Western Property Line of Tract 2220, Block 3, Lot 33 (Stuart Schmeling) 6.6 ID 18-1737 Adopt Resolution No. 18-3254 Ratifying the City Manager's Execution of Amendment No. 2 to the Airport Development Reimbursable Grant E5S1R with the Arizona Department of Transportation To Extend the Grant (Jeremy Abbott) 6.7 ID 18-1735 Adopt Resolution No. 18-3256 Approving Right of Way Agreement with Arizona State Land Department for Access to South Intake Structure (J. Greg Froslie) 6.8 ID 18-1740 Adopt Resolution No. 18-3257 Abandoning a 5-Foot by 21.29-Foot Portion of the 10-Foot by 50-Foot Public Utility and Drainage Easement Along the Northern Property Line of Tract 2189, Block 4, Lot 11 (Stuart Schmeling) 6.9 ID 18-1736 Approval of an Amended Final Subdivision Plat for Tract 2399, a 35-Acre Portion of Havasu Riviera Marina View Village to Include 76 Residential Lots, 2 Mixed Use Parcels, Public Right-of-Way, and Private Streets (Stuart Schmeling) 6.10 ID 18-1730 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, September 11, 2018 (Kelly Williams) Lake Havasu City Page 2 Printed on 9/14/2018 City Council Minutes - Final August 14, 2018 Councilmember Coke moved to approve the Consent Agenda as presented with the exception of Item 6.5 which was removed for separate discussion, seconded by Councilmember Lane, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin, Councilmember McCoy and Vice Mayor Sheehy 6.5 ID 18-1720 Adopt Resolution No. 18-3253 Approving the Intergovernmental Agreement with the Arizona Department of Transportation for Administration and Construction of Improvements for the Swanson Avenue Improvement Project (Jeremy Abbott) Assistant City Engineer Jeremy Abbott said this agreement is the next step with the Arizona Department of Transportation (ADOT) to ensure that the City will pay the match portions for ADOT to move forward with advertising this project. Mr. Abbott noted that this is the last of two Western Arizona Council of Government (WACOG) federally funded projects that the City has with ADOT, and added that it is an ADOT managed project; however, the City will be very involved. Mr. Abbott said the project limits extend from Acoma Boulevard to just before the intersection of Smoketree Avenue, which is about 3,500 linear feet of roadway, and added that construction is anticipated to begin in December 2018/January 2019 with an estimated completion date in June 2019. He explained that the City’s match portion is 5.7 percent, or $111,234, which will be invoiced and paid to ADOT. He said the estimated construction cost is approximately $1.7 million, and further explained that the City’s portion of $111,234, is based off the original budget in the IGA which calls out just over $1.9 million. He said with the current estimated construction costs, the design is coming in under-budget which provides the City with a buffer. Mr. Abbott provided a visual of the roadway and stated that the construction will not include any landscape or aesthetic improvements because federal funds will not pay for landscape or utility improvements, only roads or hardscape improvements. Mr. Abbott said this project incorporates the Planning Assistance for Rural Areas (PARA) Study recommendations done in 2012, and added that the road section brings a bicycle lane and multi-use path which has also been incorporated into the recent Bicycle & Pedestrian Implementation Plan that was recently adopted by the Metropolitan Planning Organization (MPO). Vice Mayor Sheehy asked if the City talked with the businesses along Swanson Avenue Lake Havasu City Page 3 Printed on 9/14/2018 City Council Minutes - Final August 14, 2018 that will lose some of their parking, to which Mr. Abbott said not specifically. He said currently there is not any designated parking there. He said the street is currently wide enough to allow for parking; however, there are not any designated striped parking spaces. He said as ADOT moves forward, they will reach out to all of the affected property owners, and added that because this project will narrow the street, it will not encroach onto private property or require temporary construction easements. Vice Mayor Sheehy asked if ADOT will conduct a stakeholder meeting with all the affected properties, to which Mr. Abbott said they do not plan to have a stakeholder meeting; however, they will reach out with flyers notifying them of the construction. Vice Mayor Sheehy said he would like to do something to let them know because while there is not striped parking on Swanson Avenue, people are using that for parking. Community Investment Director/City Engineer Greg Froslie said he wanted to remind the Council that this was part of both the PARA Study and the Downtown Design Guidelines, which incorporated a very intensive public process. He said this project should not come as a surprise to anyone. Councilmember Lane said he requested this item be moved from consent so that they could have a discussion and allow the public to comment. Mayor Nexsen said he thought it was an excellent location for this kind of project because of ASU and the new construction “The Views”. He added that the condo and apartment owners have also asked for traffic to be slowed and more bicycle and walkways for pedestrians. He said as ASU grows, bicycle and pedestrian use will grow, and said hopefully by narrowing the street it will slow the traffic. In response to Councilmember Lane’s question, Mr. Abbott said this project will narrow the street to 12-foot lanes with a bike lane. Vice Mayor Sheehy moved to adopt Resolution No. 18-3253 approving the execution of the Intergovernmental Agreement with ADOT for the Swanson Avenue Improvement Project, seconded by Councilmember Groat, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin, Councilmember McCoy and Vice Mayor Sheehy 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 18-1729 Announce Vacancies on Lake Havasu City Boards, Committees, and Lake Havasu City Page 4 Printed on 9/14/2018 City Council Minutes - Final August 14, 2018 Commissions (Kelly Williams) City Clerk Kelly Williams announced the current vacancies on various Lake Havasu City Boards, Committees, and Commissions. 7.2 ID 18-1727 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Annual Law Enforcement Recognition – Sergeant Tyler Tribolet. • Eagle Scouts Honored – Cody Matthew Hubert Day, July 20; Brian Jacob Busto Day, July 28; and Colton Morgan McDonald Day, August 4. • Engineering Represented LHC at the American Water Works Association (AWWA) Annual Conference. • Maintenance Improvements: new crosswalk at Starline Elementary School, and landscape rock at Highway 95. • Lake Havasu Association of Realtors and Sunrise Rotary Club donate to City programs. • Ballard Way street recognition honoring John Ballard. • Summer Volunteer Appreciation Dinner – 37 volunteers assisted with the Summer Program for over 2,500 hours. • Publicity Pamphlets available for the August 28th Primary Election. 8. PUBLIC HEARINGS 8.1 ID 18-1724 Series #12 Restaurant Liquor License, Blue Chair, 422 English Village #C/Finch (Kelly Williams) Ms. Williams advised that Daniel Lamar Finch applied for a Series #12 restaurant liquor license for Blue Chair located at 422 English Village #C. Ms. Williams said all posting requirements were met, all fees were paid, and no objections were received. She added that the location is properly zoned for a Series #12 liquor license. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember McCoy moved to recommend that the Arizona Department of Liquor Licenses and Control approve a Series #12 restaurant liquor license for Blue Chair, 422 English Village #C, seconded by Councilmember Lane, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin, Councilmember McCoy and Vice Mayor Sheehy 8.2 ID 18-1725 Adopt Resolution No. 18-3255 Appointing Member(s) to the Lake Havasu City Airport Advisory Board (Kelly Williams) Lake Havasu City Page 5 Printed on 9/14/2018 City Council Minutes - Final August 14, 2018 Ms. Williams advised that the City received one application requesting consideration for appointment as a regular non-pilot member to the Airport Advisory Board. Ms. Williams added the appointment is necessary to fill the expired term of a regular non-pilot member. Ms. Williams advised that the applicant, Mr. Zieff, was unable to attend the meeting; however, his application was provided to the Council in the packet. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to adopt Resolution No. 18-3255 appointing Mark Zieff as a regular non-pilot member to the Airport Advisory Board with a term ending on June 30, 2021, seconded by Councilmember McCoy, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin, Councilmember McCoy and Vice Mayor Sheehy 8.3 ID 18-1716 Adopt Resolution No. 18-3252 Declaring as a Public Record the “Lake Havasu City Amendments to Title 14, Zoning” Dated August 14, 2018 (Stuart Schmeling) Zoning Administrator Stuart Schmeling advised this item and the next item relate to the adoption of changes to the Development Code. He said a series of changes were brought before the council last November, and this is the next in a series of multiple changes that staff has identified working in the Development Code. Mr. Schmeling outlined the changes as follows: • 14.02.04.D Table 2.16: Fixes a typo to correctly reference Section 14.02.04.D.4. • 14.02.06.D.2.: Allows a PD Overlay rezone request for all zoning districts. • 14.03.02 Table 3-1: Adds “Manufactured home outside a manufactured housing park” to the Permitted Uses Table and allows in the R-MH (Manufactured Home) Zone. • 14.03.03.D.1 & 14.04.04.G.3.b: Allows use of chain link or wrought iron with sign obscuring plastic lath or netting for screening in LI (Light Industrial) and I (Industrial) Zones. • 14.04.01 Table 4.01-3: Fixes a typo to correct Front Yard Setback for A-P (Agriculture/Preservation) Zone to 50 feet. • 14.04.02.D.2: Clarifies that bicycle parking is optional and sets maximum vehicle parking space reductions when providing bicycle parking. • 14.05.03.O.8.a: Clarifies that appeals of Development/Zoning Code issues addressed to the Council are filed with the City Clerk’s Office. • 14.06.03: Moves a portion of the language in the definition of “DWELLING, Lake Havasu City Page 6 Printed on 9/14/2018 City Council Minutes - Final August 14, 2018 SINGLE-FAMILY DETACHED” into the definition of “FAMILY.” Vice Mayor Sheehy asked where the City came up with the standard of reduction for bicycle parking, to which Mr. Schmeling said it was discussed by the Planning and Zoning Commission, but was something that related to the table that was originally provided by Clarion when they adjusted the City Code, so he assumed it was based on other communities. Vice Mayor Sheehy asked if the City felt it was a fair application applying it here, to which Mr. Schmeling replied yes. He added that the City also received support for it during the MPO public input session. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Sheehy moved to adopt Resolution No. 18-3252 declaring as a public record the “Lake Havasu City Amendments to Title 14, Zoning” dated August 14, 2018, seconded by Councilmember Coke, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin, Councilmember McCoy and Vice Mayor Sheehy 8.4 ID 18-1717 Adopt Ordinance No. 18-1203 Amending Title 14, Zoning (Development Code), to Make Necessary Changes to Sections 14.02.04; 14.02.06; 14.03.02; 14.03.03; 14.04.01; 14.04.02; 14.04.04; 14.05.03; and 14.06.03 Regarding Setbacks, Planned Development Overlay, Manufactured Homes, Outdoor Storage Screening Standards, Bicycle Parking, Appeals, and Definition of Family and Dwelling (Stuart Schmeling) Mr. Schmeling advised that the item before the Council is the ordinance that adopts all of the changes that were discussed in the previous item. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to adopt Ordinance No. 18-1203 amending Lake Havasu City Code Title 14, Zoning, by Reference, seconded by Councilmember Lane, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin, Councilmember McCoy and Vice Mayor Sheehy 8.5 ID 18-1732 Approve Professional Services Agreement with Whitney & Whitney PLLC for Public Defender Services (Mitchell Kalauli) Court Supervisor Jennifer Harrold advised that the item before the Council is approval of a Lake Havasu City Page 7 Printed on 9/14/2018 City Council Minutes - Final August 14, 2018 Professional Services Agreement with Whitney & Whitney PLLC, for public defender services to provide legal representation for indigent defendants and Veteran’s Treatment Court participants for up to five years commencing September 1, 2018. Ms. Harrold explained that the City entered into a Professional Services Contract (Contract) for public defender legal services with Whitney & Whitney effective July 1, 2017. She said the Contract was for a one-year term with a termination date of June 30, 2018, in an amount not to exceed $170,000. She added that on June 26, 2018, Amendment No. 1 was approved extending the Contract to August 31, 2018. Ms. Harrold noted that Whitney & Whitney was selected based on their ability to handle large volume, fit the needs of the veterans, and their effectiveness as the Court’s public defender for the past five years. Mayor Nexsen opened the public hearing. Mr. Michael Frame addressed the Council and said he is an attorney in Lake Havasu City and wanted to address the process of selection of this proposal. He said he believes the process is basically unfair and whoever set the process has created an allusion of fairness. Mr. Frame said when he received the Notice of Interest on February 1, it came from the Community Investment Department, and then later they were notified that the City’s Procurement office was handling part of the process as well as the Purchasing office. He said from the Council Communication and Ms. Harrold’s presentation, the City Magistrate is the one running this program. Mr. Frame said the first Notice of Interest was sent out on February 1 with a deadline to submit by March 9. He said there were six law firms originally interested, and then pricing and methodology proposals were due on May 25. He said of the six firms, Heather Wellborn and Tom Jones did not submit a bid or pricing. He said Brad Rideout’s firm submittal a proposal on case-by-case basis, which looked confusing, former Judge Vederman, from La Paz County, submitted a proposal for $159,000, and he submitted a proposal for $120,000 per year. Mr. Frame said the Court is promoting the Whitney firm, who submitted a $225,000 bid. He said he later learned that the Court negotiated down the proposal from $270,000. He said it is interesting that this government is choosing the highest bidder in this process. Mr. Frame stated that when he submitted his proposal he detailed his experience as an attorney for 20 years handling lots of criminal defense, and added that he was the interim public defender before the contract was awarded to Mr. Whitney. He further added that he detailed in his notice his service in the U.S. Army, experience, and admission into courts. He said the government is not being fair, is violating certain due process and fundamental fairness. He said he does not feel that the City Magistrate should be deciding who the public defender will be because it is a conflict of interest. There being no further comments, he closed the public hearing. Lake Havasu City Page 8 Printed on 9/14/2018 City Council Minutes - Final August 14, 2018 Mayor Nexsen asked City Attorney Kelly Garry to explain the bidding process for these types of services, to which Ms. Garry said generally under the City’s procurement code, legal services fall under what is known as specialized services as defined in the procurement code. She said because of that, they are exempt from the procurement code; therefore, there is no requirement of any type of solicitation process that must be followed for soliciting those types of services. Ms. Garry said in this case it was decided to go through some sort of procurement to gather additional information to assist in making a determination. Mayor Nexsen asked Ms. Garry to explain the selection process in terms of high versus low bid, to which Ms. Garry said typically for specialized services there is no solicitation process required at all; therefore, the City can direct select without obtaining any bids or comparing prices, or can do so informally so it is not necessarily comparing prices but the services that are needed to satisfy what the needs may be. Ms. Garry added that because it is not a true solicitation she is unable to say what was followed or what was considered. She said it would be similar to professional services, which is based on experience and qualifications and not based on a price. She said in this case the City did an informal solicitation to gather additional information to assist in making a decision. Councilmember Lin asked who reviews the recommendations of the qualifications, to which Ms. Garry said to her knowledge for this solicitation the Court reviewed that criteria. Councilmember Lin said there is a big difference in price and asked why the Council was not provided a copy of the bids that were received. Mayor Nexsen said what he heard is that bids were not required. Ms. Garry said there were technically no bids, as the City received proposals from other people who submitted interest and those proposals were used to gather information to consider. She said it is not the typical bid process. Councilmember Lin asked why the City is going through the process of requesting bids if it comes down to what the Court is going to choose, to which Vice Mayor Sheehy explained that when the Council went through this last year he was not happy with the process, and he is certainly not happy with the process that is happening right now. He questioned whether this was an attempt to try and create a more formal process, but said he would like to give direction to staff to formulate a process that includes a qualified selection committee to ensure that the City is making the best decision on behalf of the Court system as well as the best interest of the taxpayers. Mayor Nexsen stated that he thought it may be better to have a pool of qualified attorneys that the Court can select from. Councilmember McCoy asked how many attorneys work in the firm for Whitney & Lake Havasu City Page 9 Printed on 9/14/2018 City Council Minutes - Final August 14, 2018 Whitney, to which Ms. Harrold replied that their proposal indicated that they have a total of six attorneys. Councilmember McCoy asked if this item could be tabled to the next meeting. Mayor Nexsen said the next meeting would be held on September 11, and asked if this would require an extension of the current contract, to which Ms. Garry said currently the agreement with Whitney & Whitney would expire at the end of August, so that would leave the City with at least 11 days depending on the action that is taken on September 11. Ms. Garry said she is aware that there are some attorneys that provide some conflict coverage but said she did not know how that would work for the Court, or if there is a willingness on the part of Whitney & Whitney or someone else to fill in and do a contract extension for that amount of time or for a further amount of time. Ms. Garry said she is uncertain as to what the intent of the Council is or what they expect to happen on September 11, or if they will be able to resolve it or if staff will be directed to do something different. Councilmember Lane asked if the City has considered having a pool of attorneys from every firm to choose from as long as they are qualified, to which Ms. Harrold said to her knowledge that is not something that they have looked into. Councilmember Lin asked how long the City has contracted with Whitney & Whitney, to which Ms. Harrold replied five years. Ms. Harrold added that the volume of cases plays a big part and a need to have a large volume of attorneys present because over the years they have seen a 164 percent increase from 251 cases to 650 cases. Ms. Harrold quoted the following from Judge Kalauli, “Ethically our yearly caseload is just too great for one attorney; therefore, that definitely plays a part in our decision-making.” Councilmember McCoy said Whitney & Whitney has done a great job and she feels it is important for the Court system to work with the people that can get the job done with backup. Councilmember Coke asked if there would be an issue with the current contract expiring before the next meeting. Mayor Nexsen asked Mr. Whitney if he would be willing to extend the existing contract to September 15, 2018, to which Mr. Whitney, with Whitney & Whitney PLLC, replied yes. Councilmember McCoy moved to table Item 8.5, seconded by Councilmember Lin, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin, Councilmember McCoy and Vice Mayor Sheehy Lake Havasu City Page 10 Printed on 9/14/2018 City Council Minutes - Final August 14, 2018 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, August 28, 2018 @ 6:00 p.m. – Regular Meeting CANCELED Tuesday, September 11, 2018 @ 6:00 p.m. – Regular Meeting Tuesday, September 25, 2018 @ 6:00 p.m. – Regular Meeting 12. FUTURE AGENDA ITEMS Councilmember Coke requested a future agenda item regarding sewer rates and sewer debt update. Councilmember Lin requested a future agenda item regarding the vacation rental home ordinance. 13. ADJOURN Upon motion by Councilmember Coke and seconded, the meeting adjourned at 7:03 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 14th day of August, 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 11 Printed on 9/14/2018