City Council

Mayor Cal Sheehy Lake Havasu City Vice Mayor David Lane Police Facility Councilmember Jeni Coke 2360 McCulloch Blvd North Councilmember Jim Dolan Lake Havasu City, Arizona Councilmember Gordon Groat 86403 Councilmember Michele Lin www.lhcaz.gov Councilmember Donna McCoy City Council Regular Meeting Minutes - Final Tuesday, October 27, 2020 6:00 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 6:00 p.m. Mayor Sheehy announced that members of the public can attend in-person or watch or listen to the meeting on Channel 4, or live stream on the City’s website. He added that public comments are being accepted by emailing the City Clerk at cityclerk@lhcaz.gov at least one-hour prior to the posted start time of the meeting. 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: Lake Havasu Sea Scout Ship 450 Members from the Lake Havasu Sea Scout Ship 450 led in the Pledge of Allegiance. 4. ROLL CALL Present: 7- Mayor Cal Sheehy, Vice Mayor David Lane, Councilmember Jeni Coke, Councilmember Gordon Groat, Councilmember Michele Lin, Councilmember Donna McCoy and Councilmember Jim Dolan *Councilmembers Gordon Groat, Jim Dolan, and Michele Lin were present via remote conferencing. 5. CALL TO THE PUBLIC Mr. Harry Caserman, citizen, addressed the Council concerning a vacation rental property that causes parking and noise issues in his neighborhood. He asked if vacation rentals pay the same taxes or a commercial lease tax if they are running a business in a residential area and thought vacation rental properties should have more restrictions. Mr. Artie Collins, citizen, addressed the Council and asked why McCulloch Boulevard was not being closed for the annual Halloween event as he was concerned about the safety of the children walking along the street and businesses losing money this year. He said he Lake Havasu City Page 1 Printed on 11/20/2020 City Council Minutes - Final October 27, 2020 would like to be involved in any meetings to discuss the future of events and closures along McCulloch Boulevard. 6. CONSENT AGENDA 6.1 ID 20-2570 Approve the October 13, 2020, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 20-2555 Adopt Resolution No. 20-3449 Abandoning the Southern 10 Feet of the 10-Foot by 50-Foot Public Utility and Drainage Easement on the Easterly Property Line of Tract 2219, Block 11, Lot 33 (Luke Morris) 6.3 ID 20-2557 Adopt Resolution No. 20-3450 Approving the Intergovernmental Agreement with Phoenix, Arizona, for the Arizona Internet Crimes Against Children Task Force (Chief Doyle) 6.4 ID 20-2559 Adopt Resolution No. 20-3451 Abandoning the Westerly 3 Feet of the Northerly 8-Foot by 116-Foot Portion of the 8-Foot by 126-Foot Public Utility and Drainage Easement Located on the Easterly Property Line of Tract 2190, Block 4, Lot 12 (Luke Morris) 6.5 ID 20-2565 Adopt Resolution No. 20-3452 Abandoning the Entire 10-foot Public Utility and Drainage Easement Located Along the Northwest Property Line of Tract 2319, Block 3, Lot 10 (Luke Morris) 6.6 ID 20-2569 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, November 10, 2020 (Kelly Williams) Councilmember Coke moved to approve the Consent Agenda as presented, seconded by Councilmember McCoy, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 20-2571 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. She added that applications are available on the City’s website at www.lhcaz.gov. 7.2 ID 20-2568 City Manager’s Report (Jess Knudson) Lake Havasu City Page 2 Printed on 11/20/2020 City Council Minutes - Final October 27, 2020 City Manager Jess Knudson reported on the following: • Recognized the hard work and efforts of the City’s 2020 Census Committee members. • Mayor Sheehy proclaimed October 24, 2020, as Under the London Bridge – Underwater Bridgewater Channel Cleanup Day. • Mohave Community College partnered with Lake Havasu City Fire Department, Firefighter Charities, and the Lake Havasu Unified School District to distribute free pumpkins for a pumpkin contest. • Mayor Sheehy proclaimed October 21, 2020, as the 2nd Annual Walk Away from Drugs Event. • COVID-19 update. 8. PUBLIC HEARINGS 8.1 ID 20-2558 Adopt Ordinance No. 20-1243 Amending City Code Title 2, City Organization and City Council, Regarding Meetings, Call to the Public, Powers and Duties, Fire Department, and other Housekeeping Revisions (Kelly Garry) City Attorney Kelly Garry advised that this item is the adoption of an ordinance amending Title 2 of the Lake Havasu City Code. She said the majority of the proposed changes are housekeeping in nature and were discussed in detail at the October 13, 2020, meeting. Ms. Garry highlighted several of the proposed changes including: • Section 2.04.080 - a phrase was added clarifying that a regular meeting may be cancelled in the event there are no items to consider. • Section 2.04.500 - call to the public is suggested to be revised to reduce the calls to one per regular meeting and remove calls to the public from special meetings and work sessions. • Section 2.16.010 - removed City Physician. • Chapter 2.32 - is deleted in its entirety. The Deputy City Manager is not a current or foreseeable position and furthermore is not necessary to be in the Code. • Chapter 2.52 - revised entire Fire Department chapter to update and remove sections that are not necessary or are already contained in other portions of the City Code or policy. There were no comments or questions from the Council. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing and noted that no written public comments were received. Councilmember McCoy moved to Ordinance No. 20-1243 amending Lake Havasu City Code Title 2, seconded by Councilmember Coke, and carried by the following vote: Lake Havasu City Page 3 Printed on 11/20/2020 City Council Minutes - Final October 27, 2020 Aye: 5 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember McCoy and Councilmember Dolan Nay: 2 - Councilmember Groat and Councilmember Lin 8.2 ID 20-2556 Adopt Ordinance No. 20-1244 Amending the Zoning Classification and District Boundary for 2305 Victoria Farms Road, APN 120-03-046, a 10-Acre Portion of Planned Development No. 07-00200005, from LI/PD (Light Industrial/Planned Development District) to LI (Light Industrial District) (Luke Morris) City Planner Luke Morris addressed the Council and said the subject property is located on the north end of the city at the intersection of Chenoweth Drive and Highway 95. The applicant is proposing to rezone the property, which is 10-acres and currently vacant, for the purpose of outdoor covered storage as well as concrete and asphalt recycling, which are allowed uses in the Light Industrial District (LI) and noted that the land surrounding the subject property is also vacant with some outdoor open storage. Mr. Morris explained that the property was originally part of a Planned Development (PD) that was an expansion of the Havasu RV Resort (40-acre developed parcel). In 2007, the City Council approved Phase II of the project that included 140-acres which has sat undeveloped. He said since 2007, approximately 80-acres has been removed from the PD and this request is to rezone 10-acres from LI/PD to LI, leaving approximately 30-acres of the original PD for the RV park. Mr. Morris noted that the Planning and Zoning Commission approved this request 5-0. There were no questions or comments from the Council. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing and noted that no written public comments were received. Vice Mayor Lane moved to adopt Ordinance No. 20-1244 rezoning the property at 2305 Victoria Farms Road, a 10-acre Portion of Planned Development No. 07-00200005, from LI/PD to LI, seconded by Councilmember Dolan, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 8.3 ID 20-2560 Approve Three (3) Year Small Enterprise Agreement with ESRI Software (Jonathan Baskette) Information Technology (IT) Division Manager Jonathan Baskette addressed the Council and advised that this item is to approve a three-year small enterprise agreement with ESRI Software for an annual contract amount of $55,000 (based on population). He explained Lake Havasu City Page 4 Printed on 11/20/2020 City Council Minutes - Final October 27, 2020 that ESRI is the City’s GIS (Geographic Information Systems) mapping software to collect and map city asset data. He said the agreement provides software, support, and access to the online mapping portal and online training services, and noted that the City has also partnered with Mohave County to share maps and access to imagery. There were no questions or comments from the Council. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing and noted that no written public comments were received. Councilmember Dolan moved to approve the Small Enterprise Agreement and authorize the City Manager to execute the Agreement on behalf of the City, seconded by Councilmember McCoy, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 8.4 ID 20-2552 Award Bid for the North Regional Wastewater Treatment Plant Chain & Rake Bar Screen System and Washpactor Replacement to JWC Environmental (Greg Froslie) Public Works Director Greg Froslie advised that this item is to award bid for replacement equipment at the headworks building at the North Regional Wastewater Treatment Plant. He said the equipment is used in the first step of the treatment process and removes large debris prior to entering the treatment stream. He added that the equipment was identified last year for replacement through the asset management program and is approved in the annual operating budget. He added that the low bidder was JWC Environmental for $228,890. There were no questions or comments from the Council. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing and noted that no written public comments were received. Councilmember McCoy moved to award the bid for the North Regional Wastewater Treatment Plant Chain & Rake Bar Screen System and Washpactor Replacement to JWC Environmental in the amount of $228,890, seconded by Councilmember Coke, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 8.5 ID 20-2561 Award Bid for Annual Maintenance Street Sweeping to Precision Sweeping Lake Havasu City Page 5 Printed on 11/20/2020 City Council Minutes - Final October 27, 2020 Services, LLC (Ken Porosky) Mr. Froslie advised that this item is to award bid for the City’s annual street sweeping contract. He said the City’s fleet includes three vacuum sweepers; however, due to age and maintenance the City’s sweepers are used primarily for spot cleanups. Mr. Froslie said the base bid includes two alternates: Alternate #1 includes an additional City-wide street sweeping, and Alternate #2 includes an additional sweep through all avenues and boulevards. He added that the City has not used this company in the past; however, their references checked out well and they are contracted in many of the valley areas. Councilmember Lin asked who the City used last year for sweeping services, to which Mr. Froslie said C&S Sweeping Services. Councilmember Lin asked if they submitted a bid this year, to which Mr. Froslie said yes, C&S Sweeping Services submitted a base bid of $181,160. Mayor Sheehy said adding a third sweep would be very beneficial for the community. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing and noted that no written public comments were received. Vice Mayor Lane moved to award the bid for Maintenance Street Sweeping to Precision Sweeping Services, LLC and authorize the City Manager to execute a two-year term contract not to exceed $153,762 per year with authorization granted to City staff to exercise the option to renew for a maximum of three additional twelve-month terms, seconded by Councilmember Dolan, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 8.6 ID 20-2562 Award Bid for Fiscal Year 2020-21 Crack Seal Program to Holbrook Asphalt Company (Ken Porosky) Mr. Froslie advised that this item is the City’s annual crack filling program which prepares the streets for chip seal. He said the City received a lower cost per square yard this year allowing the City to add more streets. Mr. Froslie said Holbrook Asphalt Company was awarded the bid last year and displayed an aerial map of the streets scheduled to be crack filled. There were no questions or comments from the Council. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing and noted that no written public comments were received. Lake Havasu City Page 6 Printed on 11/20/2020 City Council Minutes - Final October 27, 2020 Councilmember Coke moved to award the bid for Fiscal Year 2020-21 Crack Seal Program to Holbrook Asphalt Company in the amount of $264,400, seconded by Councilmember McCoy, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 8.7 ID 20-2572 Discuss New Courthouse Design and Construction - Options for Moving Forward (Greg Froslie) Mr. Froslie said this item is for discussion and direction from the Council regarding options moving forward with the new courthouse design and construction. He reviewed the approved five-year Capital Improvement Plan (CIP) and said the City Council approved $7.5 million in funds spanning three years (beginning Fiscal Year (FY) 2021-22) for a new courthouse. He said staff is proposing the following questions: 1) would the Council like to proceed as budgeted in the CIP with design and construction starting in July 2021, or 2) negotiate a design contract with an architect now and begin construction in July 2021? He added that he is working with Administrative Services to move some of the $7.5 million in CIP funding forward in the event the Council wants to move forward with tenant improvements on the existing building (92 Acoma Boulevard). Mr. Froslie said the current total square footage (including first floor (19,920 square feet) and second flood (2,980 square feet)) is 21,900 square feet. He said there is a potential to add a second floor with an additional 16,000 square feet for future build-out. He noted that the building has very large ceilings for a suspended ceiling or a permanent floor (second floor). He added that it will never be as inexpensive to build a second floor today than any other time because the City would be able to identify where the columns go and design the office space and courtrooms around the columns, whereas a retrofit would be more difficult. Mr. Froslie said the immediate needs for the court include two court rooms (with room to expand to three), a hearing room, and a council chambers room. He stated that there is a potential for the hearing room to also be used as the council chambers room in the beginning. Mr. Froslie said there are several options and the discussion tonight is whether the Council would like to move forward and find funding in the current fiscal year which would require staff to evaluate the existing CIP for available funding or use contingency. He said the total cost for design and construction has not yet been determined as there are various factors that need to be discussed (second floor, elevator, etc..). Mayor Sheehy said the future of the Municipal Court and a new courthouse has been a priority of the Council for many years. He said the Council approved $7.5 million in funding in the CIP for a new courthouse; however, with the purchase and improvements Lake Havasu City Page 7 Printed on 11/20/2020 City Council Minutes - Final October 27, 2020 to the building, the City will be saving the tax payers several million dollars. Mayor Sheehy said he believes that it is in the best interest of the court operations and the citizens to proceed and said he would be in favor of identifying savings in the CIP or using contingency funds to move forward. Councilmember McCoy said a new courthouse has been a need for a long time and was in favor of moving forward now if the City has available funding. Vice Mayor Lane said the City has been leasing from Mohave County with limited storage and courtroom space. He said he believes moving forward now with the design and construction is in the best interest of the city. Councilmember Coke said a new courthouse has been a topic of discussion for the Council for several years. She said building materials are more expensive right now; however, it is important to keep in mind that this discussion is whether to move forward with the design plans not construction. Councilmember Dolan was in favor of moving forward now and said he would to see the design plans include a second floor that could be left unfinished if not needed immediately. He added that he would like the funding to be used on the interior/functionality versus the aesthetics of the building’s exterior as he felt the building was already aesthetically pleasing. Councilmember Groat asked if there would be any issues with the timeline or budget if the Council delayed direction or guidance until the second meeting in November, to which Mr. Knudson said this item is for discussion and general consensus from the Council and not to start the design process. He said staff is moving slowly and methodically and will be bringing back a draft design agreement negotiated by staff for the Council’s approval in a couple of weeks. Councilmember Groat asked if delaying would create any issues for Public Works, to which Mr. Froslie said a delay of four to five weeks would not likely delay the date for the court to move into the new building. Councilmember Groat said he believes the project needs to move forward but feels it is important and a courtesy for the incoming Councilmembers to be seated and involved in this decision from the beginning so that the entire Council supports the project as a whole. Councilmember Lin said she was concerned with using any contingency funds for this project. She added that she would also like to see the design scope include a second floor and agreed with Councilmember Dolan on focusing the design on the interior functionality versus the aesthetics of the building’s exterior. City Magistrate Mitchell Kalauli expressed his appreciation to staff and the Council for Lake Havasu City Page 8 Printed on 11/20/2020 City Council Minutes - Final October 27, 2020 their time and efforts on this project. Mayor Sheehy said the direction from the Council is for staff to proceed at this time. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing and noted that no written public comments were received. 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, November 10, 2020 @ 6:00 p.m. – Regular Meeting Tuesday, November 24, 2020 @ 6:00 p.m. – Regular Meeting 12. FUTURE DISCUSSION ITEMS There were no requests from Council for future discussion items. 13. ADJOURN Upon motion by Vice Mayor Lane and seconded, the meeting adjourned at 6:59 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 27th day of October, 2020. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk/MMC Lake Havasu City Page 9 Printed on 11/20/2020