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, August 24, 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: Pastor Andrew Cave, Lamb of God Lutheran Church Pastor Andrew Cave, Lamb of God Lutheran Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: #YOUmatter Mr. Scott Armbruster, #YOUmatter, 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 Nancy Campbell was present via remote conferencing. 5. CALL TO THE PUBLIC Ms. Karen VanderJagt, citizen, addressed the Council regarding the history of the “no shoes, no service” policy that originated in the 1950s. She said when a business opens its doors to the public they are required to hold a business license functioning as an agent of the state and are required to comply with both state and national constitutions. She said law enforcers cannot use trespassing as the alternative under the third degree because it requires a reasonable request and any store policy of “no shirt, no shoes, no mask, or required vaccinations” to enter violates Article 2, Section 2 of the Arizona Constitution. Ms. Diane Klostermeir, citizen, addressed the Council to correct a comment made at the August 10, 2021, City Council meeting regarding the removal of Admiralty flags with gold Lake Havasu City Page 1 Printed on 9/17/2021 City Council Minutes - Final August 24, 2021 fringe from City buildings. Ms. Klostermier said through research she found a court case analysis that confirms the use of gold fringe cannot be said to constitute an unauthorized addition to the design prescribed by statute and no law that either requires or prohibits placing fringe on the flag of the United States. Mr. Steven Tuminello, citizen, addressed the Council regarding a recent article he read concerning vaccination requirements in the private sector. He said at their last “Calling All Patriots” event they questioned their rights to go into businesses to buy goods and services if they refuse to wear a facial covering or vaccination. He said businesses in Lake Havasu City cannot be given the power to restrict freedoms and require vaccinations. He asked the City Council to sit down with the Police Department to discuss the difference between private businesses and places of public accommodation, which fall under the 1964 Civil Rights Laws, to not use trespass laws to enforce face mask or vaccination orders. Ms. Christine Simmons, citizen, addressed the Council in support of flying the American flag in honor of Americans overseas and remembrance of 9-11. Ms. Simmons added that she has started a kindness matters movement to encourage kindness. 6. CONSENT AGENDA 6.1 ID 21-2946 Approve the August 10, 2021, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 21-2939 Adopt Resolution No. 21-3527 Approving an Intergovernmental Agreement between the City of Kingman, Bullhead City, Town of Colorado City, and Mohave County Regarding the Arizona Department of Administration, Office of Grants and Federal Resources, Arizona 911 Grant Program (Chief Doyle) 6.3 ID 21-2941 Approval of a Final Subdivision Plat for Ladera South at Havasu Foothills, Tract 2388, to Divide 23.4 Acres into 25 Residential Lots and Parcels “A” through “D” in the Havasu Foothills Estates Development (Luke Morris) 6.4 ID 21-2945 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, September 14, 2021 (Kelly Williams) Vice Mayor Coke moved to approve the Consent Agenda as presented, seconded by Councilmember Lane, and carried by the following vote: 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 21-2942 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) Lake Havasu City Page 2 Printed on 9/17/2021 City Council Minutes - Final August 24, 2021 7.2 ID 21-2944 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Recognized the retirement of Captain Rich Williams, Lake Havasu City Fire Department, with 20 years of service. • The Lake Havasu City Fire Department was awarded a Federal Emergency Management Agency (FEMA) Grant for 11 new thermal imaging cameras. • Lake Havasu City is hiring full-time and part-time positions. Job postings can be found on the City’s website at www.lhcaz.gov. • The next Coffee with the Mayor and City Manager will be held on Friday, October 1, 2021, at 8:30 a.m. under the London Bridge. • COVID-19 update. 8. PUBLIC HEARINGS 8.1 ID 21-2927 Approve a Sole Source Purchase of a Full Train Membrane Replacement and On-Site 6 Cassette Refurbishment for North Regional Wastewater Treatment Plant from SUEZ Water Technologies & Solutions (Thilak Fernando) Wastewater Superintendent Thilak Fernando said staff is requesting approval of a sole source purchase of a full train membrane replacement for the North Regional Wastewater Treatment Plant from SUEZ Water Technologies & Solutions. He stated that the current train membranes, installed in 2013 and 2015, have a life expectancy of seven to 10 years; however, due to the hot desert climate the life expectancy in Lake Havasu City is closer to seven years. Mr. Fernando reviewed the poor condition of Train 2 and performance levels for recovery cleans. Councilmember Moses asked why staff is seeing an average lifespan of only six to seven years, to which Mr. Fernando said due to the hot desert climate the membranes are running at a higher temperature decreasing the average life expectancy. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Dolan moved to approve the Sole Source Purchase of a Full Train Membrane Replacement and On-Site 6 Cassette Refurbishment for North Regional Wastewater Treatment Plant from SUEZ Water Technologies & Solutions in the amount of $466,911, and to authorize the City Manager to execute the Suez Membrane Replacement Proposal, 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 Lake Havasu City Page 3 Printed on 9/17/2021 City Council Minutes - Final August 24, 2021 8.2 ID 21-2947 New Courthouse Programming Phase Update ( Dan Sloan) Mr. Knudson gave an update on the progress of the renovations for the new courthouse and history of the Lake Havasu City and Mohave County courthouse de-consolidation in September 2019. Mr. Knudson said the City evaluated different options for the location of a new courthouse, including an estimate of $7.5 million to build a courthouse on the city campus, when an opportunity became available to purchase 92 Acoma Boulevard (previously Havasu Fitness) for $3 million. Mr. Knudson said staff and DFDG Architecture (“DFDG”) will be presenting on the condition and space of the existing courthouse, activities since the approved design contract, and several building options for the Council’s consideration. City Magistrate Mitchell Kalauli provided an overview of the municipal court operations and need for expansion due to limited space and courtroom availability. Judge Kalauli reviewed the following: Lake Havasu City Municipal Court • Deconsolidated September 1, 2019 • Co-located with Lake Havasu City Justice Court and Mohave County Superior Court o Required separation of physical files, tickets, financials, and personnel o Required the implementation of new court policies and procedures • Sharing/coordinating resources, space, and physical courtrooms • Implementation of a new state-wide case management system –AJACS–February 24, 2020 Current Court Operations • Average of 10,000 case filings per year • Average lobby traffic (2019/2020) – 2,000 customers per month • Use of 1 courtroom per day o Access to only 1 courtroom per day o Trials scheduled out 5 months o Slower case flow processing times • Current footprint – 8,735 sq. ft. • Lease ends August 2022 Court Needs • Two full size courtrooms • 2 Judge’s chambers, 4 office spaces, 3 windows, 11 workstations • Jury assembly room/hearing room, jury deliberation room, conference rooms, meeting rooms, file storage, supply storage • Security area, lobby, public spaces Lake Havasu City Page 4 Printed on 9/17/2021 City Council Minutes - Final August 24, 2021 • Secured employee access • Sally Port, secured holding cells Assistant City Engineer Dan Sloan reviewed the first phase of the design contract (Programming and Conceptual Design) and said due to multiple revisions with programming options, in an attempt to match the anticipated construction budget, this phase delayed the project schedule by two months and increased the total hours spent. Mr. Sloan reviewed the following: Design Solicitation/Contract • Formal Request for Qualifications (RFQ) process was performed to select consulting firm to provide design services • DFDG was the highest ranked proposer • Negotiated a design fee of up to $509,527 • Design contract executed on May 27, 2021 Design Contract • Programming and Conceptual Design - $10,000 • Schematic Design - $69,475 • Design Development - $101,300 • Construction Documents - $133,830 • Bidding & Negotiations - $3,660 • Itemized Supplement Services - $171,262 • Reimbursable Expenses - $20,000 • Total: $509,527 Updated Schedule • Design Contract – May 2021 • Design Complete – February 2022 • Permitting – March/April 2022 • Bidding – April/May 2022 • Construction Contract Award – June 2022 • Construction Complete – June 2023 • FF&E/IT/Court Move – July/August 2023 • Building Opening – September 2023 Mr. Chad Billings, DFDG, provided an overview of the programming phase and preliminary floorplans. He said they follow the National Center for State Courts Guidelines to create an overall program based on the needs of the courthouse to function in a normal capacity. Mr. Billings said the overall footprint of the existing building is 25,000 square Lake Havasu City Page 5 Printed on 9/17/2021 City Council Minutes - Final August 24, 2021 feet and in projecting future growth (population of 100,000) the court capacity would need to grow to approximately 33,000 square feet space operating under the ideal scenarios and existing limitations of the facility. He added that in the space-programming phase they evaluated cities of comparable size and worked directly with staff to determine the number of courtrooms, caseloads, filing storage capacity, and front counter capacity. Mr. Billings reviewed the following building options for Council’s consideration: Option 1: • $3,798,670 • 19,617 square feet (including Level 2 Floor Plan) • 2 Courtrooms • Council + Jury Assembly space (seats 70) Mr. Billings said Option 1 includes all court space on the first floor eliminating the need for an elevator. He said this option posed many limitations in terms of what the overall program could include to keep it within budget. Option 1 eliminates a sally port, includes one fully built courtroom and one shelled-out second courtroom, reuses many of the existing components (i.e. walls, restrooms), and compromises on the file storage capacity size with the hope that court staff can start an extensive process of digitization. He added that Option 1 does not include a scope to the existing second floor (mezzanine/balcony); however, it does allow for a small amount of growth in the future. Option 2: • $4,033,670 • 19,617 square feet • 2 Courtrooms • Council + Jury Assembly space (seats 70) Mr. Billings said Option 2 is very similar to Option 1, but includes a fully enclosed sally port for added security. He reviewed two enhancement options to Options 1 and 2 as follows: Option 3A: • $380,672 • Shelled-out Second Floor Only • Could be added to either Option 1 or 2 He said Option 3A includes expanding the current footprint of the second floor mezzanine/balcony as a council meeting/jury assembly room (hybrid-use) and building an Lake Havasu City Page 6 Printed on 9/17/2021 City Council Minutes - Final August 24, 2021 internal elevator in the round-entry stairwell. Option 3B: • $2,000,000 • Shelled-out Second Floor (no mechanical, electrical or finishes) • Could be added to either Option 1 or 2 He said Option 3B includes building out the entire second floor allowing the court to expand in the future without major renovations during existing operations. Option 4: • $7,163,184 • 24,703 square feet • 2 Courtrooms + 1 Hearing Room • Council + Jury Assembly space on Second Floor (seats 190) He said Option 4 includes a very high-level functioning space and allows flexibility for the court to operate for many years before additional work would be needed. He said Option 4 includes an internal elevator, sally port (in new location), entire court staff on first floor, two courtrooms on the first floor in addition to a hearing room, all new restrooms, and completed city council meeting room/jury assembly room on the second floor mezzanine/balcony. Mr. Billings reviewed the existing parking lot and traffic flow as well as an additional option proposing 23 secure parking spaces for staff and relocation of the entry drive for future connection to the main City complex to improve ingress and egress safety. Mr. Billings said they are looking for consensus and feedback from the Council on the options presented and level of investment moving forward. Councilmember Moses asked if Option 3A includes an elevator, to which Mr. Billings replied yes. Councilmember Moses asked if there is a cost benefit to installing an elevator now versus later, to which Mr. Billings explained that the ability to add it later is viable; however, the logistics of trying to work an elevator installation into an active court facility could be challenging. There was discussion regarding Option 3A. Mr. Billings explained that Option 3A includes an elevator but only a shelled-out space on the second floor for a future council meeting/jury assembly room. Councilmember Moses said Option 3A allows the City to transition to second floor space Lake Havasu City Page 7 Printed on 9/17/2021 City Council Minutes - Final August 24, 2021 when the demand and need arises. Councilmember Dolan asked for clarification on the definition of shelled-out, to which Mr. Billings explained that “shelled-out” (within the cost model) means the stud and anything exposed to a public space would have drywall and paint. For example, the second floor space in Option 3A would not have anything exposed so it would include building the floor itself and the elevator. He added that they do have additional tiers/options of finishes available if desired. Councilmember Dolan expressed his concerns with the programming phase coming in over budget and delaying the project timeline, to which Mr. Knudson said the direction from Council on this project was developing a floorplan that met the budgetary needs (between $3.5 to $4 million) and exploring options for a second floor. He said it took a lot of back-and-forth with staff and DFDG to ensure the options presented meet the needs and wants of the Council. Mr. Billings clarified that while DFDG went over in hours in the programming phase they had a fixed-fee of $10,000; therefore, the extra time spent was not billed to the City. Councilmember Lane asked if the location of the sally port in Option 2 results in the prisoners intermingling with the public, to which Mr. Billings replied yes. He said in this location the prisoners would be transferred from the holding cell down the hallway into the courtroom but would not intermingle with the public in the public lobby area. Councilmember Lane said adding a sally port is a large expense and asked if a sally port is needed, to which Police Chief Dan Doyle said their department typically utilizes video conferencing for initial appearances and transports lower risk prisoners from the jail to the municipal court. He said they can get by without a sally port if that is the decision of the Council; however, sally ports are the generally the most secure way to put prisoners in and out of transport vehicles. In response to Councilmember Lane’s question regarding the location of the sally port, Chief Doyle said it be preferable to design the entrance and exit of the sally port away from the general public. Councilmember Campbell said she has heard the existing air conditioning system was not desirable under the previous ownership and asked if an evaluation of the air conditioning and engineering system had been performed, to which Mr. Billings said Option 1 proposes reusing the existing mechanical units on the roof and ground. He said they have not done a full test of those capacities; however, if the Council chooses to move forward with an option that reuses the existing equipment they would need to bring in a test-and-balance company to confirm equipment capacity. Lake Havasu City Page 8 Printed on 9/17/2021 City Council Minutes - Final August 24, 2021 Mr. Knudson said Option 1, which ranges from $3.7 to $3.8 million, does not include the evaluation of the existing air conditioning units (mechanical and equipment) and only a shell of one of the courtrooms. Mr. Billings confirmed that as Mr. Knudson stated the air conditioning and shelled-out courtroom are the only two things that are not equal to everything else in the space. He said the build-out of a second floor for a council meeting/jury assembly room adds an additional $1 million; therefore, to keep the project under $4 million the compromise was removing the sally port, shelling out one of the courtroom spaces, and shelling out the second floor. Mayor Sheehy asked what the total square footage of the building would be with the full second floor, to which Mr. Billings said the current footprint is approximately 19,000 square feet and the extra shell is approximately 13,000 square feet. Mr. Billings added that in reviewing the options the most expensive option (not presented) did not require the full second floor shelled-out; therefore, the second floor does not need to go the full width of the building and can be cut short and still have the capacity built in. Councilmember Dolan was in favor of the options ranging between $3 to $4 million and relocation of the sally port. He thought the price per square foot ($145/square foot) to complete the shelled-out second floor was an inexpensive option that would allow for future growth. Mayor Sheehy said it is important to keep in mind when the court would need a second floor noting that in the courthouse comparison chart there are courts operating in smaller spaces with larger populations. Judge Kalauli stated that when comparing the case filings versus population some of the comparable courts do not have the number of case filings because most of their cases go into the Justice Court. Councilmember Campbell wondered if there would be a substantial cost savings if the City did not build out the second floor, to which Mayor Sheehy noted that the options presented range from $3.8 to $7.1 million. Councilmember Campbell thought it could be more cost efficient to build a new building versus spending $3 million for approximately 13,000 square feet for a remodel. Mayor Sheehy asked if the option for a council meeting room on the second floor would be built on the existing second floor or would need to be built out, to which Mr. Billings said that option included a partial expansion of the second floor. He said Option 3A includes the cost for a shelled-out council meeting room on the second floor and Option 4 includes the cost for a fully built-out room on the second floor. Lake Havasu City Page 9 Printed on 9/17/2021 City Council Minutes - Final August 24, 2021 Mayor Sheehy said he was in favor of Options 1 and 2 because it gives flexibility to staff and stays within the $3.8 to $4 million range. There was discussion regarding Options 1 and 2 not including a second floor. Judge Kalauli stated that Option 1 does not address the needs and issues of the court to have more than one functioning courtroom and what the costs would be to build-out the second courtroom. There was discussion regarding the total number of courtrooms in Options 1 and 2. Mr. Billings explained that Options 1 and 2 include one fully built courtroom and one shelled-out courtroom. He said to build out a second fully operational and mechanical courtroom would cost an additional $1 million. Mayor Sheehy asked if the total cost would be $4.5 or $4.7 million, to which Mr. Billings said approximately $4.6 million. Councilmember Dolan asked if Option 2 includes two fully built courtrooms, to which Mayor Sheehy said Option 2 has the same courtroom space as Option 1 but includes a sally port. Councilmember Lane said he was not comfortable with giving direction based on the options presented and suggested staff come back with something that the Council can look at and work with. Mayor Sheehy added that the Council does not have any information to give direction tonight that meets their goal of having two fully functional courtrooms within budget. Councilmember Campbell agreed with Councilmember Lane’s comments. She reiterated her concerns about possible additional electrical costs. Mr. Knudson said the consensus and direction he is hearing from the Council is to start with Option 1, while addressing the air conditioning and mechanical improvements, two fully built courtrooms, and possible options for a sally port and second floor. Mayor Sheehy said he was not in favor of building a second floor. Councilmember Moses said he would like to explore the option of a partial shelled-out second floor with no elevator. Councilmember Dolan suggested the item be tabled and brought back to Council with more accurate options and costs. He was concerned with only having preliminary numbers and what the costs would be to explore the second floor, to which Mayor Sheehy said the cost would be approximately $100,000; however, he assumed there would be additional Lake Havasu City Page 10 Printed on 9/17/2021 City Council Minutes - Final August 24, 2021 costs. Mr. Knudson said any additional costs for a second floor would be discussed with the architect team and brought back to the council. He added that the focus tonight is on the fundamentals to allow future conversations on finances and court operations to happen more productively. Vice Mayor Coke wondered what the second floor could be used for and whether the City has an option to build a second floor in the future should the Council not move forward with a second floor at this time, to which Mr. Billings reviewed uses of the second floor with load restrictions and ceiling heights. He said the best scenario of the second floor space is moving all court staff offices to the second floor with courtrooms and council meeting room on the first floor to keep everything united for public wayfinding. Mayor Sheehy asked for a consensus from the Council on the space planning options presented. Councilmember Moses asked if Option 4 includes a fully built-out jury assembly room, to which Mr. Billings replied yes. Councilmember Lin said she was in favor of Options 1 and 3A without the sally port. She asked what the additional cost would be to build out the second courtroom, to which Mr. Billings said he did not want to speculate and would have to go back and review those costs. Mayor Sheehy said he was in favor of exploring the second floor for $380,000 for a total build-out cost to maximize space on the first floor with two fully built courtrooms and possible sally port. Councilmember Campbell agreed with Mayor Sheehy. Councilmember Dolan was in favor of exploring Option 3A as it would expand the existing second floor creating usable space with an elevator. There was a consensus of the Council to direct staff to explore Option 1 and Option 3A with a shelled-out second floor. Mayor Sheehy opened the public hearing. Mr. Matt Hardy, citizen, addressed the Council and said he holds a plumbing contractor’s license in California and would like to see the Council explore alternative options that may Lake Havasu City Page 11 Printed on 9/17/2021 City Council Minutes - Final August 24, 2021 be more cost effective. Mayor Sheehy said the City has explored several options. The cost of a new build on the City’s existing City Hall campus was estimated to cost $7.5 million. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Moses asked if Option 1 provides the court with adequate storage space, to which Judge Kalauli said at full population the court would need approximately 20,000 square feet of storage space; therefore, with only partial build-out of the second floor the council meeting room would need to be relocated once the court reached full population. Councilmember Campbell clarified that her comment regarding alternative options was to move forward with the remodel of the courthouse but consider the City Hall campus for building court office space, which would be more cost effective than a remodel. She added that she could see a better visualization on a new build for half the price than trying to build a second floor. Councilmember Campbell added that the Council also needs to be mindful of the current parking challenges should the court reach full population. Mayor Sheehy said staff would come back to Council with more detailed information and costs. Mr. Knudson said preliminary costs for Option 1, including the addition of a second fully built-out courtroom, addressing the air conditioning and mechanical, and shelled-out second floor mezzanine/balcony is estimated around $4.7 million. 9. CURRENT EVENTS There were no Council committee reports. 10. FUTURE MEETINGS Tuesday, September 14, 2021 @ 5:00 p.m. – Work Session Tuesday, September 14, 2021 @ 6:00 p.m. – Regular Meeting Tuesday, September 28, 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 7:41 p.m. CERTIFICATION I hereby certify that the foregoing is a full and true copy of the Regular Meeting Minutes Lake Havasu City Page 12 Printed on 9/17/2021 City Council Minutes - Final August 24, 2021 of the Lake Havasu City Council held on the 24th day of August, 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 13 Printed on 9/17/2021