City Council

Mayor Cal Sheehy Lake Havasu City Vice Mayor Jeni Coke Police Facility Councilmember Nancy 2360 McCulloch Blvd North Campbell Lake Havasu City, Arizona Councilmember Jim Dolan 86403 Councilmember David Lane www.lhcaz.gov Councilmember Michele Lin Councilmember Cameron Moses City Council Regular Meeting Minutes - Final Tuesday, February 23, 2021 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: Stephanie Lueras, Community Presbyterian Church Ms. Stephanie Lueras, Community Presbyterian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Young Adult Development Association of Havasu (YADAH) Members from the Young Adult Development Association of Havasu (YADAH) led in the Pledge of Allegiance. 4. ROLL CALL Present: 7- Mayor Cal Sheehy, Vice Mayor Jeni Coke, Councilmember Nancy Campbell, Councilmember Jim Dolan, Councilmember David Lane, Councilmember Michele Lin and Councilmember Cameron Moses *Councilmember Lin was present via remote conferencing. 5. CALL TO THE PUBLIC Ms. Mary Van Rooy, citizen, addressed the Council and said she supports the efforts of the Protect Our Deserts (POD) group and added that she is working with Arizona State Trust Lands to clean up the deserts. Ms. Van Rooy said Lake Havasu City does not have any facilities for self-contained dry camping for equestrians like many other cities, such as Wickenburg, Prescott, and Flagstaff, and added that recreation and equestrian use is a very popular activity for Arizona and encouraged the City to create areas and trails for day and night users. Lake Havasu City Page 1 Printed on 3/10/2021 City Council Minutes - Final February 23, 2021 Ms. Christine Simmons, citizen, addressed the Council regarding trash in the desert and encouraged citizens to call Republic Services for a free pickup instead of dumping trash in the desert. She invited the community to a desert clean-up event on March 27 and 28, 2021, from 8:30 a.m. to 3:30 p.m. on Paso De Oro and Colt Drive. Ms. Rebecca Liska, citizen, addressed the Council and said she lives on Colt Drive and expressed her concern regarding safety issues from fireworks, tannerite, and gunfire in her neighborhood. She said any activity is supposed to be at least a quarter mile from the city limits but the pink road starts at Paso De Oro and people are not paying attention to the houses that stop at the top of Bison and are shooting straight into the mountain behind her house. Mr. Jeffrey Callen, citizen, addressed the Council and asked if the City has any specific rules regarding short-term rentals and what is considered short-term and long-term in terms of renting out a private residence. City Clerk Kelly Williams said one written public comment was received on Monday, February 22, 2021. She read the comment into the record as follows: “To: Lake Havasu City Council, Re: Opposition to Bill HB2481 & HB2482 short term rental restrictions. We, Members of The Arizona Vacation Rental Association and its followers, request that we be heard before voting on these two bills. We respectfully request to be heard at the next City Council Meeting on the following bullet points. We pledge to be good neighbors and want to work with the city to come up with realistic guidelines to follow. We feel that this can be done on a local level without additional or modified legislature. Review current rules, regulations, and ordinances that are currently in place. How are these being enforced if at all? If not being enforced, changing the laws will not be effective. Increasing taxes is not the most effective way of collecting taxes. We pay our TPT taxes as well as our income taxes. Some owners may not know of their obligation to pay TPT. Our contributions to the city and the state are considerable. We are the lifeblood to the tourism economy the entire city benefits from. Without us, the only other option would be camping, houseboats, or hotels. Our guests deserve more options, especially due to the way COVID has changed lodging trends. Most of our guests are "Good Neighbors". They respect our homes and the neighborhoods. They are rated after each stay and build a reputation they all want to maintain in good standing. Our homes all carry a rating with VRBO, ABNB, and others. We owe it to each other and the entire city to work with each other. "Bad Actors" should not represent who we are. We should work together to help these property owners get the support and guidance they need. If we expect them to be at a higher level of compliance, we need to inform and hold them accountable. Instead of shutting them down and causing us all to suffer for their mistakes, we should educate and lift them up to where I'm sure most want to be. We are Lake Havasu City Page 2 Printed on 3/10/2021 City Council Minutes - Final February 23, 2021 willing to help those in need now! We pledge to support the community in resolving the vacation rentals with complaints/issues by helping the owners find solutions to their problems. In addition to the above, we have an Economic Study that has been done on vacation rentals specific to Lake Havasu. We would like to share that study with the Council Members as well as the community. We feel that reducing the number of vacation rentals, increasing their taxes, and adding restrictions is not the solution. Thank you for your consideration. (Submitted by) Rick Buckley.” 6. CONSENT AGENDA 6.1 ID 21-2718 Approve the February 9, 2021, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 21-2688 Adopt Resolution No. 21-3473 Authorizing the Submission of a Grant Application with the Bureau of Justice Assistance for the FY 21 Adult Drug Court and Veterans Treatment Court Discretionary Grant Program to Enhance Veterans Treatment Court Services, and Authorizing Execution of Necessary Documents and Implementation of the Activities Funded by the Grant (Mitchell Kalauli) 6.3 ID 21-2672 Adopt Resolution No. 21-3477 Adopting the Lake Havasu City Complementary Paratransit Plan (Patrick Cipres) 6.4 ID 21-2704 Adopt Resolution No. 21-3478 Abandoning the Northern 20-Foot by 42.71-Foot Portion of the 20-Foot by Approximately 52.71-Foot Public Utility and Drainage Easement Located on the Southerly Property Line of 4210 Highlander Avenue, Tract 2209, Block 10, Parcel E (Luke Morris) 6.5 ID 21-2705 Adopt Resolution No. 21-3479 Approving Acceptance of the Dedication of an 8-foot Public Utility Easement Abutting the Right-of-Way at 850 Granada Vereda (Luke Morris) 6.6 ID 21-2701 Ratify City Manager’s Execution of Environmental Access Agreement with Richard Holmes to Allow Installation of Two Groundwater Monitoring Wells, Soil Boring Testing, and Related Activities on City Parcel “S” Adjacent to the Texaco Max Mini Mart Located at 1571 Palo Verde Boulevard S. (Stuart Schmeling) 6.7 ID 21-2717 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 4:00 p.m. Tuesday, March 9, 2021 (Kelly Williams) Vice Mayor Coke moved to approve the Consent Agenda as presented, seconded by Councilmember Lane, and carried by the following vote: Lake Havasu City Page 3 Printed on 3/10/2021 City Council Minutes - Final February 23, 2021 Aye: 7 - Mayor Sheehy, Vice Mayor Coke, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 21-2710 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 21-2716 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Mayor Sheehy elected to the League of Arizona Cities and Towns Executive Committee. • Grand opening of Paradise Ice on February 10, 2021. • Approximately 30 people attended the City’s water rates public meeting on February 19, 2021. Encouraged citizens to view the recording available on the City’s website and social media page. • Installation of 40 new parking spaces at SARA Park Trailhead. • Coffee with the Mayor and City Manager will be held at the Lake Havasu Aquatic Center, Relics & Rods Hall, on March 5, 2021, at 8:30 a.m. • COVID-19 update. 8. PUBLIC HEARINGS 8.1 ID 21-2699 Series #4 Wholesaler Liquor License, Rusty Vine, 3560 Challenger Drive #100/Callagy (Kelly Williams) Ms. Williams advised that Ms. Crystal Dawn Callagy has applied for a Series #4 Wholesaler Liquor License for Rusty Vine located at 3560 Challenger Drive #100. She stated that this non-transferable liquor license allows a wholesaler to warehouse and distribute for sale all types of spirituous liquor to licensed retailers within the permissions of the retail license. Ms. Williams stated that all posting requirements have been met, all fees have been paid, and no objections were received. She added that the site is zoned MU-N (Mixed-Use-Neighborhood) district which allows sales of alcohol as a permitted use. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing and added that no written public comments were received. Lake Havasu City Page 4 Printed on 3/10/2021 City Council Minutes - Final February 23, 2021 Councilmember Lane moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #4 wholesaler liquor license for Rusty Vine, 3560 Challenger Drive #100, seconded by Councilmember Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Coke, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses 8.2 ID 21-2720 Adopt Ordinance No. 21-1251 Amending Lake Havasu City Code Chapter 9.30, Noise, and Section 14.04.09, Operation and Maintenance Standards, to Include Amplified Sound Reproduction Device Definition and C Band Level Measurements and Changes to Measuring Criteria and Allowable Noise Levels (Anthony Kozlowski) Assistant to the City Manager Anthony Kozlowski addressed the Council and said this item is to adopt the amendment to the City’s current noise ordinance to include the “C” scale for residential noise only. He stated that after further testing of the “C” scale in the downtown area, it was determined to remove the manufacturing commercial “C” scale levels due to the inconsistencies in the decibel levels. Mayor Sheehy noted that this is the second reading of the ordinance. He said the “C” scale measurement was removed from Zones II and III (commercial and industrial) and is now only applicable to Zone I (residential). Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing and added that no written public comments were received. Councilmember Campbell moved to adopt Ordinance No. 21-1251 amending City Code Chapter 9.30, Noise, and Section 14.04.09, Operation and Maintenance Standards, seconded by Vice Mayor Coke, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Coke, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses 8.3 ID 21-2707 Adopt Resolution No. 21-3481 Establishing a Pilot Electric Stand-up Scooter Program (Kelly Garry) City Attorney Kelly Garry said the City was recently approached by a vendor who would like to provide an electric stand-up scooters sharing system which would allow stand-up scooters to be rented throughout the city electronically. Ms. Garry said this is new to Lake Havasu City; therefore, staff is proposing a pilot program to give the City an opportunity to see how it works in Lake Havasu City and how we can make this successful for not only vendors but also the citizens. She said the resolution before the Lake Havasu City Page 5 Printed on 3/10/2021 City Council Minutes - Final February 23, 2021 Council is what staff feels would be a successful pilot program to give the City the tools to evaluate how it is going to work in Lake Havasu City. She said other cities and towns have encountered difficulties with similar programs; therefore, the City has taken that into consideration and also acknowledges that the city does not have the infrastructure in place from which this program can build upon. Ms. Garry said the pilot program will be for six months, the vendor will enter into a temporary operating agreement with the City that would be approved by the City Council, and noted that the agreement can be terminated within 72-hours of notice. The pilot program includes a maximum of 75 e-scooters that will be allowed to be deployed within Lake Havasu City with a program fee of $1,000 and $0.10 per ride. Ms. Garry stated that as part of the negotiation process, e-scooters would not be permitted to be operated on private property without permission, within loading zones, disabled parking zones, curb ramps, entryways, city parks, or Highway 95. She added that the operating hours would be 6:00 a.m. to 11:00 p.m. and would be required to be restaged every 24-hours. Ms. Garry stated that the operator is required to pick up e-scooters that are not deployed correctly within two hours once contacted by the City and noted that failure to do so will result in a $300 re-location fee. She said the e-scooters would be permitted to operate on City streets, bike lanes where available, and multi-use paths. She said riders must be at least 18 years of age with a valid driver’s license, must operate within reasonable speeds, and may not operate while impaired. Councilmember Campbell asked if it is legal to operate a scooter within City limits, to which Ms. Garry replied yes. Ms. Garry explained that this program is regulating a shared system with a vendor where the e-scooters will be parked in certain areas that can be rented through an app on their phone, and clarified that this program does not regulate the use of a personal electronic scooter within the city. Councilmember Campbell asked if a shared-system with the City presents any liability, to which Ms. Garry replied that the City will require insurance and indemnification by the agreement. She said the insurance carrier was comfortable with what the City is offering as it has been offered in other places. Mayor Sheehy added that it would be similar to a ride share app. He said there is also technology built-in where the vendor can geo-fence the geographical area that will be negotiated with staff and a contract brought before the City Council for approval at a future date if the Council chooses to move forward with a pilot program. Mayor Sheehy noted that as Ms. Garry alluded to, e-scooters can be a large hassle for communities but seem to be getting better over the years. They provide an alternative mode of transportation to citizens and visitors, and this pilot program will allow the City to determine whether e-scooters make sense for Lake Havasu City. Councilmember Dolan was in favor of the City having a pilot program for e-scooters. He Lake Havasu City Page 6 Printed on 3/10/2021 City Council Minutes - Final February 23, 2021 questioned whether the app would include all of the permitted and non-permitted uses in the city so users are aware. Councilmember Moses asked if all of the regulations and areas would be added to the resolution, to which Ms. Garry said the adoption of the resolution includes the main restrictions and anything additional staff would negotiate into the contract. Councilmember Moses asked if the City has already established the areas of operation, to which Ms. Garry replied no. She said staff tried identifying areas but found it challenging as the city is very spread out and parceled. She stated that through the agreement process the City will identify the operating areas with the vendor to be brought before the City Council for approval. Councilmember Campbell was concerned about the investment and infrastructure costs for a vendor to come in for only a six-month pilot program, to which Ms. Garry stated that it is common for a city to have pilot programs and there have been other cities who have implemented similar programs for the same reasons. She said she does not believe there is a lot of money that goes into the implementation but it is something that vendors who are interested in coming here will invest in. Councilmember Moses suggested the City reach out to other cities and towns who have implemented similar programs to see what they have learned. He added that if the pilot program is implemented, he would also like to reach out the community and businesses for their feedback. Councilmember Dolan asked whether a formal program would be adopted by ordinance into the City Code, to which Ms. Garry said yes, if the City wanted to move forward with more permanent regulations staff would come back with an ordinance to be codified in the City Code. Councilmember Lane asked if any costs would be incurred by the City or taxpayers, to which Ms. Garry said there will be enforcement costs but as far as other costs it is difficult to compare to other cities which is why the City is doing the pilot program to see what costs are associated, how much work goes into the program, and how it impacts the community. Mayor Sheehy said the City can try to anticipate things like fees to offset any costs, but until the program is in place the City does not know what that is going to look like. Mayor Sheehy opened the public hearing. Lake Havasu City Page 7 Printed on 3/10/2021 City Council Minutes - Final February 23, 2021 Ms. Liska addressed the Council and expressed her concerns regarding the safety of e-scooters on the city's roadways with lack of clear signage and very few sidewalks and bike paths. Mr. Callen addressed the Council and asked why Lake Havasu City does not have a bus system, to which Mayor Sheehy stated that the City is launching a transit program to address transportation needs. Mayor Sheehy added that the pilot program is going to help determine where the stopgaps are and allow the City to be proactive versus reactive. Mr. Knudson added that the City is trying to put something into place through a pilot program in the best way for the community. There being no further comments, Mayor Sheehy closed the public hearing and added that no written public comments were received. Councilmember Dolan moved to adopt Resolution No. 21-3481 establishing a Pilot Electric Stand-up Scooter Program, seconded by Councilmember Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Coke, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses 8.4 ID 21-2689 Approval of the Final Subdivision Plat for Percheron Estates, Tract 2405, a Re-Subdivision of Tract 2295, Block 4, Lot 8, for a 4-Lot Residential Subdivision in the Residential Agriculture (R-A) District (Stuart Schmeling) Development Services Director Stuart Schmeling said the subject property is located on Colt Drive and is approximately 4.38 acres. He displayed a map of the subject property showing Bureau of Land Management land to the north and Arizona State Trust land to the east. He said the owner is dividing the parcel into four lots and is proposing to serve the lots with a private driveway that will also be the ingress/egress easement and utility easement with a public water main. Mr. Schmeling added that the property is zoned Residential Agriculture (R-A) which requires a minimum lot size of one-acre. Mayor Sheehy opened the public hearing. Ms. Liska addressed the Council and said it is her understanding you cannot develop a subdivision in an R-A area. She said there has been no public notice regarding the zoning and all of the neighbors have been left in the dark wondering how a subdivision is being built next to their properties with no notification. Lake Havasu City Page 8 Printed on 3/10/2021 City Council Minutes - Final February 23, 2021 Mr. Schmeling said the property is being subdivided and is not a rezone, which requires postings, notifications, and public hearings at the Planning and Zoning Commission and City Council levels with public input. He said because this is a subdivision, a public hearing is not required by the City Council for approval of the final plat; however, this item was placed as a public hearing item due to the approval of the development agreement which is a companion item (Item 8.5) to the final plat. Ms. Gail Simms, resident, addressed the Council and said she lives on Colt Drive and questioned if the final plat has already been approved. Mayor Sheehy stated that the action before Council tonight is approval of the final subdivision plat. Ms. Simms said the project is already substantially graded and does not comply with City regulations. She spoke concerning issues with the grading, property lines, and drainage. Ms. Simms said she has not received any answers from the City. Mr. Schmeling said the property has pulled a grading permit and is actively grading. He said the City typically does not inspect the grading until it is complete; therefore, at this time it may not comply with City regulations until the grading permit is final. Ms. Simms asked how much of the property will be utilized for the driveway and cul-de-sac area, to which Mr. Schmeling said he did not have the exact numbers. Ms. Simms wondered how each property could comply with a minimum of one-acre if a portion of the total 4.38 acres will be used for the driveway and cul-de-sac. Mr. Schmeling reviewed the plat and said the lots as proposed will be 1.14-acres, 1.068-acres, 1.005-acres, and 1.16-acres. He said the private driveway is not a City right-of-way; therefore, there are no requirements on the width of the driveway and noted that the development agreement (Item 8.5) addresses the public utility line. Ms. Simms asked about the water runoff and drainage, to which Mr. Schmeling said as part of the grading permit the City will inspect the grading slopes. Ms. Simms noted that the property has pushed dirt and provided no remedy for runoff of water or redirection. Councilmember Campbell clarified that natural terrain does not require a two-to-one slope unless you under-grade the property. Ms. Liska said the main issue is that the surrounding properties have been kept in the dark and do not know what is going on. She said when the property sold they all expected that Lake Havasu City Page 9 Printed on 3/10/2021 City Council Minutes - Final February 23, 2021 it would be developed as a single-family house not turned into a development in an area where there are no other developments. She said their main frustration is they are not getting any answers from the City and is being told that she is wasting City resources. Ms. Liska said she does not want to live next to a development and added that there are many other issues involved and have been dealing with many different agencies who either do not care or are letting things slide. She said she does not accept Mr. Schmeling’s answers and would like answers from the City. Mayor Sheehy asked Ms. Liska if she has received the answers tonight, to which Ms. Liska responded that she has only received answers from Mr. Andrew Oxley, property owner, regarding the building plans which has nothing to do with the City. She said she does not accept not knowing from the City how this is happening next to them and why there has been no communication. Mayor Sheehy said that is certainly not the intention on the City’s behalf. Councilmember Dolan asked if this is a development or if this allows the developer to split the lot into four lots, to which Mr. Schmeling said the property owner is requesting to split the lot into four lots to develop four single-family homes. Mr. Dustin Runyon, Project Developer, addressed the Council and said they are looking to split the lot into four lots to build four single-family homes that will be at least 2,000 square feet with landscaping on each lot. He addressed the concerns about the grading and drainage and added that they have always been in compliance with all City requirements. Councilmember Dolan said with this property being split into four lots it is unique because it requires a driveway and asked if the development will be gated, to which Mr. Runyon replied that the property will be gated in the front. Councilmember Lane asked if the development will have a common driveway or street, to which Mr. Runyon replied that there will be a common private street. He added that each of the proposed lots will remain over one-acre each not including the private street. Mr. Runyon asked for clarification if Councilmember Lane was asking if the cul-de-sac will be shared, to which Councilmember Lane said his question was whether the area leading up to the cul-de-sac will be a street or driveway, to which Mr. Runyon said it will be a private driveway. Councilmember Lane noted that there is a difference between having four one-acre lots that have a gate with a shared driveway and a planned community. Lake Havasu City Page 10 Printed on 3/10/2021 City Council Minutes - Final February 23, 2021 Mr. Brittin Wolf, Project Engineer, said the project includes four one-acre lots with a shared private roadway owned by the Homeowners Association (HOA) of the community. Mr. Runyon added that the roadway will be maintained by the homeowners. Councilmember Dolan asked if there are any other shared amenities (i.e. pool), to which Mr. Runyon replied no. Councilmember Moses asked about the surrounding lot sizes, to which Mr. Runyon said he believes they are all one-acre or larger. There was a comment (from the audience) that all of the surrounding lots are over two-acres. Mayor Sheehy clarified that zoning in R-A is required to be one-acre or greater. Mr. James Simms, resident, addressed the Council and clarified that in terms of the driveway and cul-de-sac, two of the lots will be entered off Colt Drive and two of the lots will be entered off the private street that they are putting in. Councilmember Moses requested clarification if that is allowed under the current zoning, to which Mr. Schmeling said all four of the proposed lots will enter off the proposed driveway. He said the City cannot call it a street because it will not meet the City specifications for a right-of-way and they will not be dedicating it to the City. He clarified that they will have one access point on Colt Drive and the driveway will service each of the proposed four lots. There was discussion regarding possible trends in the future of City parcels that could potentially be sold to developers that intend to develop to the residential standards of the adjacent neighborhood. Councilmember Campbell asked how these compare to the tiny houses, to which Mr. Schmeling said there really is no comparison as those are multi-family projects traditionally in a multi-family zoning district. He explained that with parcels greater than three-acres with a 15-foot driveway access point, the only way to access that parcel is through a common driveway. Councilmember Campbell asked if this was similar to a large flag lot, to which Mr. Schmeling replied yes. Mr. Greg Briggs, resident, addressed the Council and questioned how the total acreage per lot could meet the requirements with a shared driveway. He was also concerned that the property would not have proper fire access to each of the lots. Mr. Schmeling said due to the lot pad elevations the structures will require fire sprinklers and said the cul-de-sac and driveway will be large enough for fire access. Fire Chief Peter Lake Havasu City Page 11 Printed on 3/10/2021 City Council Minutes - Final February 23, 2021 Pilafas added that if the grade is higher than 20-feet the building structure is required to have fire sprinklers and said the property allows for proper fire access. Councilmember Dolan asked if there is a City Code that states that a fire engine must have access within so many feet of a building structure or house as there are many houses around the city that have steep driveways, to which Chief Pilafs explained that the fire engines carry enough hose line for a specific lead out to get ample water supply to a fire. There being no further comments, Mayor Sheehy closed the public hearing and noted that no written public comments were received. Councilmember Dolan asked if this item was vetted and approved by the Planning and Zoning Commission, to which Mr. Schmeling said yes. Mayor Sheehy reminded the Council that generally final plats are placed on the consent agenda; however, due to the companion item (Item 8.5) the City wanted to have full transparency of this discussion so the Council, neighbors, and community fully understand. Councilmember Lane expressed his understanding that the surrounding neighbors have two-acre lots and do not want to see four houses; however, the request to split the lots and have four one-acre lots per parcel is allowed per the City Code. Councilmember Lane moved to approve the final plat for Percheron Estates, Tract 2405, a re-subdivision of Tract 2295, Block 4, Lot 8, creating four residential lots, seconded by Councilmember Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Coke, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses 8.5 ID 21-2700 Approval of Development Agreement for Percheron Estates, Tract 2405, Regarding the Public Improvements for the Development (Stuart Schmeling) Mr. Schmeling said the item before the Council is the development agreement for Percheron Estates (as discussed in Item 8.4). He said the developer is proposing to put a public water main within the private driveway and added that the agreement addresses the public utilities as well as the location and height of the gate. Mayor Sheehy opened the public hearing. Ms. Simmons addressed the Council and asked if the HOA will allow these properties to Lake Havasu City Page 12 Printed on 3/10/2021 City Council Minutes - Final February 23, 2021 have horses and animals since it is an equestrian area. Ms. Simmons said she is not happy with what the developer is proposing as it sets a precedent for HOAs to be developed in all areas within the city. Mayor Sheehy noted that the developer is not requesting a zoning change. Mr. Briggs addressed the Council and asked if the City or HOA will own the water line. Mr. Schmeling replied that the City will own the water line and the agreement outlines maintenance and responsibility. Mr. Briggs asked how the City can own the water line if it is on private property, to which Mr. Schmeling said ownership to the City is being done through the development agreement. Ms. Garry said through the development agreement the City will put in the water line (pipe) and have an easement over the pipe to have access for maintenance and repairs. There being no further comments, Mayor Sheehy closed the public hearing and added that no written public comments were received. Councilmember Lane moved to approve the Development Agreement for Percheron Estates, Tract 2405, regarding the public improvements for the development, seconded by Vice Mayor Coke, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Coke, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses 8.6 ID 21-2675 Approve Master Agreement with Routematch by Uber for Transit Dispatch Solutions Platform (Patrick Cipres) Transit Manager Patrick Cipres advised that this item is approval of a master agreement with Routematch a leader in transit dispatch management and technology that is part of the Uber transit division. Mr. Cipres explained that Uber services match passengers with vehicles through websites and/or mobiles apps, and Routematch provides connected transit sites to all sizes and locations of agencies. He outlined the following in his presentation: Dispatch Solution Platform • The dispatch platform will provide real-time and historical information for all three of the public transit types. • The platform will assist with the managing of dispatching for paratransit/mobility and microtransit by monitoring both dispatch requests from mobile applications and phone in requests. Lake Havasu City Page 13 Printed on 3/10/2021 City Council Minutes - Final February 23, 2021 • Fixed routes will be overseen through the platform to ensure route times and headway times are within parameters set by the division. • Robust reporting tools for Federal Transit Administration (FTA) required National Transit Database (NTD) reporting as well as Internal Transit division reporting for Lake Havasu City. Fixed Route Technology • Management of fixed route schedule, route, run and stop information. • Automatic Vehicle Location (AVL) from dispatch with a display that is capable of displaying real-time locations of entire Fixed Route fleet vehicles. • Live vehicle location and prediction arrival information for public users. • Integrated in-vehicle driver device (tablet) o Allow messages between driver and dispatch o Allow driver to record passenger count information via the driver device o Pre and post trip inspection via the driver device Complementary Paratransit/Mobility Technology • Rider/Client management demographic information (i.e. name, home address, mobile or home phone, emergency contact information, special instructions: o ADA eligibility management, favorite trips, supervision management • Reservation tools: o Intuitive interface to allow staff to quickly create reservations o Attendant/guest management o Schedule trips at same time as creating reservation o Customizable pick-up and drop-off time management • User friendly dispatch capacity o Customize “views” to allow quick access to required information o Ability to schedule on demand trips o Automatic Vehicle Locator (AVL) integration to allow live view of vehicles o Messaging capabilities to communicate with drivers o Arrival predictions o Service anomaly notifications/alerts • Schedule management o Tools to help staff quickly and easily create schedules that minimize overall vehicle hours and/or miles while increasing ridership. Manual scheduling is available. Microtransit Technology • Uber transit is excited to provide an on-demand technology and transportation to Lake Havasu City. The main goal of this program is to provide an easy-to-use interface that allows riders to easily hail a ride and efficiently dispatches drivers Lake Havasu City Page 14 Printed on 3/10/2021 City Council Minutes - Final February 23, 2021 while also providing the system leadership with robust data reporting. • The Uber solution has 100’s of millions of downloads, is one of the best user experiences, and provides a set of robust back end tools that will meet the City’s needs. The solution is inclusive, supporting riders who may not have smartphones, bank accounts, and/or rider who are audibly or visually impaired. Additionally, the user app supports over 40 plus languages. Cashless Fare Technology • The objective of the cashless far pay system is to provide the state of the art, open access, user-friendly, fare collection/sales system that can accept fares from a mobile device (cell phone). Note: During the launch of each transit type for those who do not have the cashless fare application on their smartphone a temporary onetime fare pass will be issued. • Maximize ease of use for riders, drivers and support staff to be a cost effective operation. • System will provide accuracy and security of information while maintaining system performance reliability. Mayor Sheehy asked how many companies responded, to which Mr. Cipres replied four. Mr. Cipres explained that funding for this transit component is provided by Section 5307 FTA funds. Mayor Sheehy expressed his concern with Routematch by Uber and said for those using the Uber application it will now include the para-transit at a discounted rate supported by grant funds which are taxpayer dollars. There was discussion about possibly having a separate application and the various rates for transit services. Mr. Cipres added that there are some components that will need to be configured once the agreement is in place, and noted that there are only five other agencies using this Uber partnership, all of which are of similar size and have been very successful. Councilmember Moses asked if Routematch by Uber was the lowest bid, to which Mr. Cipres replied no and explained that they were the only bidder that provided all of the components in one package. Councilmember Moses asked if the City is required to accept the lowest bid, to which Mayor Sheehy said the City can request specifications that do not need to meet the lowest bid price. Mr. Cipres added that there are also FTA requirements that must be met in selecting a transit dispatch solution platform. There was discussion regarding the support services needed. Mayor Sheehy opened the public hearing. There being no comments, he closed the public Lake Havasu City Page 15 Printed on 3/10/2021 City Council Minutes - Final February 23, 2021 hearing and added that no written public comments were received. Councilmember Moses moved to approve the Master Agreement with Routematch by Uber for the Transit Dispatch Solutions Platform in the amount of $203,365 and authorize the City Manager to execute the Agreement on behalf of the City, seconded by Councilmember Dolan, and carried by the following vote: Aye: 6 - Vice Mayor Coke, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses Nay: 1 - Mayor Sheehy 8.7 ID 21-2715 Award Bid for the Havasupai Wash #3 Project to Perco Rock Company (Jeff Herb) Project Manager Jeff Herb addressed the Council and said this item is to award bid for the Havasupai Wash #3 project. He said the apparent low bidder is Perco Rock Company in the amount of $2,346,808. Mr. Herb reviewed the scope of the project which includes approximately ½ mile of bed, bank, and slope wash stabilization. He displayed photographs of the current bank and bed erosion and examples of erosion control structures for this wash. There was discussion regarding the flood control funding that is allocated to Lake Havasu City through Mohave County property taxes. Councilmember Moses asked who decides what washes need to be completed, to which Mr. Knudson said a study was conducted a few years ago and washes are selected based on condition and highest need. Councilmember Lane added that the lower portion of this wash from Aviation Drive to London Bridge Road was completed approximately three years ago. He said this project will complete the entire wash from Highway 95 to London Bridge Road. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing and added that no written public comments were received. Councilmember Dolan moved to award the bid for the Havasupai Wash #3 Project to Perco Rock Company in the amount of $2,346,808, and authorize the City Manager to execute the contract on behalf of the City, seconded by Councilmember Campbell, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Coke, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses Lake Havasu City Page 16 Printed on 3/10/2021 City Council Minutes - Final February 23, 2021 9. CURRENT EVENTS There were no Council committee reports. 10. FUTURE MEETINGS Tuesday, March 9, 2021 @ 4:00 p.m. – Executive Session Tuesday, March 9, 2021 @ 6:00 p.m. – Regular Meeting Tuesday, March 23, 2021 @ 6:00 p.m. – Regular Meeting 11. FUTURE DISCUSSION ITEMS There were no requests from Council for future discussion items. 12. ADJOURN Upon motion by Councilmember Lane and seconded, the meeting adjourned at 7:58 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 23rd day of February, 2021. 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 17 Printed on 3/10/2021