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, September 14, 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 Dean Wiles, Abundant Grace Church Pastor Dean Wiles, Abundant Grace Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Patriot Guard Riders Ms. Hannah Rangel, Patriot Guard Riders, led in the Pledge of Allegiance. 4. ROLL CALL Present: 6- Mayor Cal Sheehy, Councilmember Nancy Campbell, Councilmember Jim Dolan, Councilmember David Lane, Councilmember Michele Lin and Councilmember Cameron Moses Absent: 1- Vice Mayor Jeni Coke *Councilmember Moses was present via remote conferencing. 5. CALL TO THE PUBLIC Ms. Christine Simmons, citizen, addressed the Council regarding patriotism, the 9/11 memorial ceremony, and kindness matters movement. She thanked the police and fire departments for keeping the community safe. Mr. Greg Befort, citizen, addressed the Council regarding the COVID-19 narrative, local emergency proclamation, and mandatory vaccinations. The following people spoke in support of changes to the City Code to allow helicopter Lake Havasu City Page 1 Printed on 9/30/2021 City Council Minutes - Final September 14, 2021 rides within city limits: • Mr. Derek Bielke, citizen • Mr. Jonathan Mulder, citizen • Mr. Tom Leigh, citizen • Mr. Lenny Thorell, citizen • Mr. Mark Schleff, citizen • Mr. Kylee Wingler, citizen • Mr. Cody Tuddle, citizen • Mr. Steve Martin, citizen Matt and Rachel Maxwell, citizens, addressed the Council and spoke in support of changes to the City Code to allow skydiving operations within city limits. The following individuals addressed the Council requesting the reconsideration of the sewer rate charges for commercial buildings: • Ms. Leslie Daniels, citizen • Mr. Martin Stansbury, citizen • Mr. Donald Troutman, citizen • Mr. Jim Day, citizen • Mr. Mick Racki, citizen Mr. Don Wisdom, citizen, addressed the Council regarding the courthouse presentation and concerns he had regarding the number of proposed courtrooms, space design, elements and concepts. He suggested the City Council request more information from the architect. Mayor Sheehy provided clarification that the City Council only discussed the courthouse space programming and did not take any action. He said the courthouse is a multi-phased project. City Clerk Kelly Williams read the following public written comments into the record in support of changes to the City Code to allow helicopter rides within City limits: • Mr. Jayden Strickland, citizen • Mr. Matthew Mitchell, citizen • Mr. Mark Gomez, citizen • Mr. Brant Page, citizen Ms. Williams read the following public written comment into the record as follows: “Dear Council Members: For about a year, (maybe longer), I have been driving past a nice fire truck that is parked, behind, outside, station 4, Parking a valuable piece of fire fighting equipment outdoors will quickly fade, damage and render it inoperable. Do we Lake Havasu City Page 2 Printed on 9/30/2021 City Council Minutes - Final September 14, 2021 have so much extra money and equipment we can just let it go to waste? It makes me wonder how many other pieces of property are there around town that are not being cared for the way they should? (Submitted by) Doug Kaltenberg.” 6. CONSENT AGENDA 6.1 ID 21-2967 Approve the August 24, 2021, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 21-2968 Adopt Resolution No. 21-3529 Approving Abandonment of the Southern 8-Foot by 20-Foot Portion of the 8-Foot by 50-Foot Public Utility and Drainage Easement Located Along the Easterly Property Line of Tract 2190, Block 17, Lot 8 (Luke Morris) 6.3 ID 21-2969 Adopt Resolution No. 21-3530 Approving Abandonment of the Southerly 5 Feet of the 10-Foot Wide Public Utility and Drainage Easement Along the Northerly Property Line of Tract 142A, Block 1, Lot 8, and the Westerly 5 Feet of the 10-Foot Wide Public Utility and Drainage Easement Along the Easterly Property Line of Tract 142A, Block 1, Lot 8 (Luke Morris) 6.4 ID 21-2966 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, September 28, 2021 (Kelly Williams) Councilmember Dolan moved to approve the Consent Agenda as presented, seconded by Councilmember Lane, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses Absent: 1 - Vice Mayor Coke 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 21-2959 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) Ms. Williams announced the current vacancies on various Lake Havasu City Boards, Committees, and Commissions. She said applications are available at City Hall and on the City’s website at www.lhcaz.gov. 7.2 ID 21-2965 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Announced various ceremonies and proclamations. • Coffee with the Mayor and City Manager will be held on Friday, October 1, 2021, at 8:30 a.m. under the London Bridge. • Golden (50th) Anniversary of the Dedication of the London Bridge will be held on October 28, 2021, at 4:00 p.m. under the London Bridge. Lake Havasu City Page 3 Printed on 9/30/2021 City Council Minutes - Final September 14, 2021 • COVID-19 update. 8. PUBLIC HEARINGS 8.1 ID 21-2871 Introduce Ordinance No. 21-1266 Declaring the Document Entitled “Amendments to Lake Havasu City Code Title 11 to Add Chapter 11.10, Construction Within Public Rights-of Way; Location and Relocation of Facilities in Public Rights-of-Way, September 28, 2021” a Public Record and Amending the City Code by Adopting by Reference Amendments to Title 11 to Add a Chapter 11.10 (Kelly Garry) City Attorney Kelly Garry advised that this item is to introduce a proposed ordinance to add a new chapter to the City Code that would contain the requirements necessary to obtain a permit to do work in the City’s rights-of-way or to locate or relocate facilities within the City’s rights-of-way. Ms. Garry said the City’s rights-of-way consist of property that is dedicated for public roadways or other public uses. She said many providers utilize the rights-of-ways to place their equipment necessary to transmit their services such as gas, electric, cable, and internet, and facilities may include such things as a pole, line, box or similar types of equipment. She said the proposed chapter details the requirements and expectations from the City for someone to do construction within the City’s rights-of-way and lists what is necessary when submitting an application and responsibilities of the applicant - from traffic control to restoration of pavement. Ms. Garry stated that the amendments cover pedestrian and traffic safety measures as well as the process for conflicts or interference with any City facilities or projects. Ms. Garry said it is important to have consistent and clear processes for construction in the City’s rights-of-ways. Councilmember Campbell asked if this ordinance expedites the process for new broadband services, to which Mr. Knudson replied no. He said some of the rules within this ordinance will apply to broadband services but those services require a separate licensing agreement. Councilmember Campbell said she believes the proposed ordinance creates an additional level of confusion for those performing work in the City’s rights-of-way, and was concerned with the following items: • letters of credits of costs of rights-of-ways, • no indication of waiving fees to support rapid broadband deployment or expedited permit processes, • deviation from requirements will be at the direction of the City, • fairness to competitors, • no notification systems regarding joint trenching, • joint trenching specifications missing, • single permit approval or multi-permit approvals, and • no requirement for an Arizona contractor’s license for work in Lake Havasu City Page 4 Printed on 9/30/2021 City Council Minutes - Final September 14, 2021 City’s rights-of way. Councilmember Campbell requested the Council table the item for further discussion. Ms. Garry said the purpose is to provide more detail within the City Code. She said the current sections within the City Code are extremely vague and do not provide any information; therefore, this codifies the process, expectations, and requirements moving forward when someone wants to do work in the City’s rights-of-way or locate or re-locate a facility within the City’s rights-of-way. Councilmember Campbell said the proposed language holds the permittee accountable for a lot of things and uncertainties in terms of costs, insurance requirements, and whether it will be permitted. She added that she would like to see a process that is simple, more streamlined, and regulation free. There was discussion regarding the letter of credit and fees. Ms. Garry said the fees for work in the City’s rights-of-way are not contained within the ordinance. She said a letter of credit is required when construction is performed within the City’s rights-of-way to provide security with respect to the improvements or work that they are doing. There are standard insurance requirements; however, work that is more dangerous or risky would go through the City’s risk pool to determine the insurance requirements. She said it not so much a question or arbitrary, but it depends on the circumstances of what is submitted to the City and their application as to how those things are determined. There was discussion regarding joint trenching. Ms. Garry said joint trenching is new and the City has included the reference to the Maricopa Association of Governments (MAG) within the proposed ordinance so that if it were appropriate to do or require joint trenching, the City would have the MAG standards and specifications to turn to. There was discussion on expediting the application process. Ms. Garry explained the legal requirement for the City to treat all applications the same and process as quickly as possible based on City resources. She added that anything specifically related to broadband would be a separate discussion than the proposed ordinance. There was discussion regarding the proposed language concerning deviation from the requirements being at the discretion of the City. Ms. Garry explained the need for some flexibility to allow the City to assess and determine whether a deviation is necessary. Councilmember Campbell expressed concern that the proposed ordinance was rushed and needed more time and input. Lake Havasu City Page 5 Printed on 9/30/2021 City Council Minutes - Final September 14, 2021 There was discussion regarding the timeline and permitting process. Ms. Garry said staff has spent a considerable amount of time putting together the proposed ordinance and is open to any improvements or areas that need to be addressed. Councilmember Lane spoke on the importance of having insurance requirements and a process that protects the citizens and infrastructure. He said the proposed ordinance gives a clear path to someone wanting to perform work in the City’s rights-of-way. Councilmember Campbell said she would like to see the application and permitting process simplified and was concerned with the language requiring a company to be responsible for replacing the road five years later. Councilmember Dolan said he agreed with holding the contractors accountable for replacing the road five years later. He said he supports the direction of the proposed ordinance. Councilmember Campbell said she agreed with Councilmember Dolan’s comment about holding the contractors accountable. She suggested the proposed ordinance be adopted and create a separate process to address broadband/infrastructure rights-of-way agreements. Mayor Sheehy clarified that the language states that the contractor is responsible for replacing the roadway to City standards and specifications if the pavement is less than five years old not for five years. Mr. Knudson spoke on the history of franchise and video license service agreements. He said the proposed ordinance is an accumulation of the existing processes the City has in place for work in the City’s rights-of-way to ensure integrity and condition of the roads. Councilmember Campbell requested additional language requiring contractors to have a valid Arizona contractor’s license. Mayor Sheehy agreed and asked if it is permissible by law to include that language in the ordinance, to which Ms. Garry said staff would look into whether it was appropriate to include within the ordinance presented for adoption. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Dolan moved to introduce Ordinance No. 21-1266 declaring the document entitled “Amendments to Lake Havasu City Code Title 11 to Add Chapter 11.10, Construction Within Public Rights-of Way; Location and Relocation of Facilities in Public Rights-of-Way, September 28, 2021” a Public Record and Lake Havasu City Page 6 Printed on 9/30/2021 City Council Minutes - Final September 14, 2021 amending the City Code by adopting by reference amendments to Title 11 to add a Chapter 11.10, seconded by Councilmember Lane, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses Absent: 1 - Vice Mayor Coke 8.2 ID 21-2958 Introduce Ordinance No. 21-1265 Amending City Code Chapter 9.16, Offenses Relating to Property, To Repeal Sections 9.16.180, 9.16.190, 9.16.200, and 9.16.210 Regarding Work in Public Rights-Of-Way and Revise and Renumber Sections 9.16.220 and 9.16.230 (Kelly Garry) Ms. Garry advised that this is a companion item to Item 8.1 She said there are a handful of current City Codes that relate to work in the rights-of-way that will need to be repealed and amended if the new City Code Chapter 11.10 is adopted. This ordinance removes several sections regarding work in the rights-of-way, renumbers sections 9.16.220 and 9.16.230, and fixes an older City Code reference. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to introduce Ordinance No. 21-1265 to amend City Code Chapter 9.16, seconded by Councilmember Lin, and carried by the following vote: Aye: 5 - Mayor Sheehy, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses Nay: 1 - Councilmember Campbell Absent: 1 - Vice Mayor Coke 8.3 ID 21-2970 Introduce Ordinance No. 21-1269 Amending Lake Havasu City Code Section 3.20.040, Schedule of Fees and Service Charges, to Update Costs Recovered (Jill Olsen) Administrative Services Director Jill Olsen said the City annually reviews the schedule of fees and service charges in accordance with the City Code. She explained the formal review process of all fees and service charges and adjustment of fees using the Consumer Price Index (CPI). She said this year staff conducted a formal review of all fees and service charges as presented on the proposed Master Fee Schedule, which combines the result of applying the methodologies listed in the ordinance to the actual fees for a final fee. She said the ordinance reflects the changes and recovery by either method or percentage and noted that the increases in staff costs associated with the positional analysis is also reflected in the proposed fees. Ms. Olsen said this item introduces the ordinance Lake Havasu City Page 7 Printed on 9/30/2021 City Council Minutes - Final September 14, 2021 and fees and allows for public input, with a final adoption in November 2021. Councilmember Campbell asked about the $50 proposed fee for “S-703 Default Fee” (Page 34), to which Judge Kalauli explained that due to changes in state statute, the $50 suspension fee has shifted to a $50 default fee. Councilmember Campbell asked about the fee decrease for “S-569 Fireworks Permits” (Page 32), to which Fire Chief Peter Pilafas explained that the decrease is a result of changes in staff time in the inspection process. Councilmember Campbell asked about the fees listed for “S-131 Water Meter & Service Line Installation” (Page 10), to which Senior Accountant Sandy McCormack explained that those amounts are deposits collected prior to water meter installation. She said the fees are calculated by the actual cost of staff time, labor, and materials. Councilmember Lin asked about the fee increase from $85 to $150 for “S-353 Birthday Party Rentals” (Page 22), to which Parks and Recreation Director Mike Keane said they increased the number of children for birthday party rentals from 10 to 20; however, the price per child decreased. He explained that a smaller birthday party group would be encouraged to use space outside the party area. Councilmember Lin asked about the fee increase for “S-355 Pool Rental – Swim Team” (Page 22), to which Mr. Keane said the pool rental rate for the private swim team (Havasu Stingrays) has not increased in five years and the rate is determined contractually based on pool usage. Councilmember Dolan asked about the fees for “S-441 Police Response Call-Back” (Page 24), to which Police Chief Dan Doyle said the $209 call-back fee is proposed to remain the same. Mr. Knudson clarified that this fee is not the same as a citation that is issued for violation of the noise ordinance. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to introduce Ordinance No. 21-1269 amending Lake Havasu City Code Section 3.20.040, seconded by Councilmember Dolan, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses Absent: 1 - Vice Mayor Coke Lake Havasu City Page 8 Printed on 9/30/2021 City Council Minutes - Final September 14, 2021 8.4 ID 21-2960 Introduce Ordinance No. 21-1267 Amending Lake Havasu City Code Section 2.56.111, Municipal Court Administrative Fee Schedule and Jail Cost Recovery, to Increase the Warrant Fee, Repeal the Suspension Fee, and Establish a Default Fee (Mitchell Kalauli) Judge Kalauli advised that the proposed ordinance is a housekeeping item to increase the warrant fee to $150, repeal the suspension fee, and establish a default fee as discussed in the previous item. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Dolan moved to introduce Ordinance No. 21-1267 to amend Lake Havasu City Code Section 2.56.111, seconded by Councilmember Lin, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses Absent: 1 - Vice Mayor Coke 8.5 ID 21-2950 Approve the Purchase of Four (4) Police Patrol Vehicles from San Tan Auto Partners, LLC, dba San Tan Ford (Chief Doyle) Chief Doyle advised that the Police Department is requesting approval to purchase four patrol vehicles utilizing a cooperative purchase agreement with San Tan Ford Partners, LLC, in the amount of $236,830.20. There was discussion regarding utilizing a cooperative purchase agreement for competitive prices. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Campbell moved to approve the purchase of four (4) Police patrol vehicles from San Tan Auto Partners, LLC, dba San Tan Ford in the amount of $236,830.20 utilizing Cooperative Purchase Agreement 2464, seconded by Councilmember Dolan, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses Absent: 1 - Vice Mayor Coke 8.6 ID 21-2961 Approve a Development Agreement for Ladera South at Havasu Foothills, Tract 2388, with Enclaves 2, LLC, Regarding the Public Improvements and Gated Entry for the Development (Luke Morris) Planning Division Manager Luke Morris advised that this item is approval of a Lake Havasu City Page 9 Printed on 9/30/2021 City Council Minutes - Final September 14, 2021 development agreement for Ladera South at Havasu Foothills. He said the developer is requesting private streets with public water and wastewater; therefore, a development agreement is required to establish responsibilities of the City and developer. Mr. Britton Wolf, manager, addressed the Council and said they are looking to change the roadway aesthetically to a cross-section that the City does not use and will be maintained by the Homeowners Association. Councilmember Lane asked how many homes have been developed in Havasu Foothills, to which Mr. Luke said the City has issued 161 Certificate of Occupancy’s (CO’s) in Phase I (223 total lots) and 70 CO’s in Phase II (309 total lots), and there are 165 (undeveloped) lots remaining in Phase III. He said the original development agreement for Havasu Foothills limits the total number of residential units to 697. Councilmember Lane expressed concern with Havasu Foothills having only one access road (Cherry Tree Boulevard) and asked if there are plans for a secondary access road, to which Mr. Morris said he was not aware of any specific plans. He said there is an unpaved secondary emergency access road to the south and added that there could be a possibility of a paved secondary access/connection road through Arizona State Land with future development of Phase III. Councilmember Lane said the City needs to be discussing a secondary access road before any future approval or development of Phase III. Councilmember Lin expressed concern regarding response times with continued growth in the Havasu Foothills and asked which fire station is closest in proximity, to which Chief Pilafas replied Fire Station No. 4, 3, or 1. He said there is limited response with one access road and an emergency access road; however, the homes in Havasu Foothills have residential sprinklers and the Fire Department is working on a comprehensive analysis/master plan that will address areas with limited access. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to approve the Development Agreement for Ladera South at Havasu Foothills, Tract 2388, with Enclaves 2, LLC, seconded by Councilmember Campbell, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses Absent: 1 - Vice Mayor Coke Lake Havasu City Page 10 Printed on 9/30/2021 City Council Minutes - Final September 14, 2021 8.7 ID 21-2953 Ratify and Approve Sole Source Purchases of Wastewater Treatment Plant Parts, Equipment, and Service from Parkson Corporation and Schreiber (Thilak Fernando) Wastewater Superintendent Thilak Fernando advised that this item is approval of a sole source purchase for wastewater treatment plant parts, equipment, and service. He said Schreiber was the original equipment manufacturer and supplier of the Mulberry Treatment Plant and Island Treatment Plant equipment and was recently acquired by Parkson Corporation. He said the parts and equipment for purchase include influent screens, aeration and clarifier bridge wheels, jack shaft assembly on the aeration bridge, aeration diffusers, and fuzzy filter plates. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to ratify a sole source expenditure in the amount of $26,573 and approve sole source purchases exceeding $50,000 for Fiscal Year 2021-22 for Wastewater Treatment Plant parts, equipment, and service from Parkson Corporation and Schreiber, a Parkson Brand, seconded by Councilmember Dolan, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses Absent: 1 - Vice Mayor Coke 8.8 ID 21-2956 Award Bid for the Electrical Upgrades Well #2 and Well #9 Project to A.M.E. Electrical Contracting, Inc. (Kathy Raasch) Project Manager Kathy Raasch advised that this item is to award bid for the Electrical Upgrades Well #2 and Well #9 Project to low bidder A.M.E. Electrical Contracting, Inc., in the amount of $398,330. She said Wells #2 and #9 are located on the Island near London Bridge Beach and are in the City’s central well field. These two wells along with the Horizontal Collector Well (HCW) currently provide all of the water supply for the city, and currently, the HCW is the only well with a backup power supply. This project includes the purchase of two new diesel generators, automatic transfer switches, electrical work, site work and fencing. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Moses asked if Wells #2 and #9 would be obsolete once a secondary water source is completed, to which Assistant City Engineer Dan Sloan said the wells would continue to operate and provide a backup water supply for the HCW and North Field. Lake Havasu City Page 11 Printed on 9/30/2021 City Council Minutes - Final September 14, 2021 Councilmember Dolan moved to award the bid for the Electrical Upgrades Well #2 and Well #9 Project to A.M.E. Electrical Contracting, Inc., in the amount of $398,330, seconded by Councilmember Campbell, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Dolan, Councilmember Lane, Councilmember Lin and Councilmember Moses Absent: 1 - Vice Mayor Coke 9. CURRENT EVENTS There were no Council committee reports. 10. FUTURE MEETINGS Tuesday, September 28, 2021 @ 6:00 p.m. – Regular Meeting Tuesday, October 12, 2021 @ 6:00 p.m. – Regular Meeting 11. FUTURE DISCUSSION ITEMS Councilmember Dolan requested a future agenda item to discuss the City Code related to skydiving and helicopter operations, and seconded by Councilmember Lin. 12. ADJOURN Upon motion by Councilmember Lane and seconded, the meeting adjourned at 8:15 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 September, 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 12 Printed on 9/30/2021